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04-09-13 Special Workshop Meeting
CITY COMMISSION LktLl?:X1 tff:1[ H CITY OF DELRAY BEACH, FLORIDA SPECIALIWORKSHOP MEETING - TUESDAY, APRIL 9, 2013 6:00 P.M. DELRAY BEACH CITY HALL r� 20U1 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 the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. AGREEMENT: WEISS HANDLER/ALL FLORIDA SOLUTIONS, INC.: Provide direction regarding an agreement with Weiss Handler /All Florida Solutions, Inc., for state lobbying services. 2. AGREEMENT: LYLE SUMEK ASSOCIATES, INC.: Approve an Agreement with Lyle Sumek Associates, Inc. in an amount not to exceed $15,000.00 to perform facilitation services and a review and update of the City's Strategic Plan. Funding is available from 001 - 111 -511 -31.90 (General Fund: Professional Services /Other Professional Services). 3. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF): Consider ratification of the Collective Bargaining Agreement with the Professional Firefighters & Paramedics, Local 2928, IAFF. WORKSHOP AGENDA 1. West Atlantic Redevelopment Coalition (WARC) Presentation 2. Discussion Regarding the Beach Cabana Equipment Rental Concession Contract 3. Discussion regarding Economic Development 4. Request for Proposals (RFP) for Federal Legislative & Executive Lobbying Services and a Discussion of Federal Legislative Priorities 5. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 4, 2013 SUBJECT: AGENDA ITEM SP.1- SPECIAL/WORKSHOP MEETING OF APRIL 9, 2013 AGREEMENT: WEISS HANDLER/ALL FLORIDA SOLUTIONS. INC. ITEM BEFORE COMMISSION Action regarding the Agreement with Weiss Handler /All Florida Solutions, Inc. BACKGROUND The City entered into an agreement for lobbying services with Weiss Handler /All Florida Solutions, Inc. The term of the agreement is from December 31, 2012 until June 30, 2013. At the April 2, 2013 Commission meeting, the Commission gave direction to bring this agreement forward for action by the Commission, which may include termination. Pursuant to Article 10 of the agreement, the City has the right to terminate the agreement, without cause, upon 14 days written notice. RECOMMENDATION Commission discretion. AGREEMENT FOR PROFESSIC,ZNAL SERVICES THIS AGREEMENT made and entered into thisy day A)_k� , 2012, by and between the City of Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as CITY, and Weiss, Handler & Cornwell, P.A., hereinafter referred to as CONSULTANT: WHEREAS, the CITY intends to enter into a non - exclusive agreement for the provision of professional services by the CONSULTANT to the CITY relating to representation of the City in economic development, funding of City projects and programs, and other matters; and WHEREAS, the CONSULTANT represents that it is capable and prepared to provide such Services; and NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1- EFFECTIVE DATE The effective date of this Agreement shall be the date executed by the Mayor and shall run thereafter until June 30, 2013, subject to cancellation as provided herein. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The CONSULTANT shall perform the services as specifically stated in Attachment A and as may be specifically designated and additionally authorized by the CITY. Any additional authorizations will be in the form of a Work Order. Each Work Order will set forth a specific Scope of Services, amount of compensation, deliverables and completion date and shall be subject to the approval of the City Commission. CONSULTANT shall perform no additional work until a work order is issued and countersigned by the CONSULTANT. ARTICLE 3 - COMPENSATION The CITY shall pay CONSULTANT for the services in accordance with Attachment B, Compensation for Services, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional Consultant, under similar circumstances and CONSULTANT shall, at no additional cost to the CITY, re- perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 — INDEMNIFICATION CONSULTANT shall indemnify and hold harmless the CITY, its officers, and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONSULTANT and persons employed or utilized by CONSULTANT in the performance of this agreement. Except as specifically provided herein, this agreement shall not require the CONSULTANT to indemnify the CITY, its officers, and employees from any liability, damage, loss, claim, action, or proceeding. Any costs and expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the CITY to enforce this Indemnification Clause shall be borne by the CONSULTANT. This Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this Agreement. ARTICLE 6 - INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. CONSULTANT will engage Ken Pruitt and Meghan Hoza to assist CONSULTANT in the performance of the SERVICES at no additional cost to the CITY, which CITY hereby approves. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. CONSULTANT shall work closely with the CITY in performing Services under this Agreement. The CONSULTANT shall not receive any City benefits, stipend or privileges afforded to City employees. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory and other applicable requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and such coverages shall be written by an insurance company authorized to do business in Florida. WORKER'S COMPENSATION The CONSULTANT shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation Insurance covering all its employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws. This coverage shall also be maintained by all subcontractors to CONSULTANT. Thirty (30) days notice of cancellation, lapse or material modification is required and must be provided to the City of Delray Beach via Certified Mail. COMMERCIAL GENERAL LIABILITY The CONSULTANT shall procure and maintain, for the life of this Contract/Agreement, 2 Commercial General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability with no more than a $10,000 deductible. The City of Delray Beach must be named as an additional insured. The additional insured requirement is waived if Owners and Contractors' Protective Coverage is also provided, or required. Thirty (30) days written notice must be provided to the City of Delray Beach via Certified Mail in the event of cancellation. Thirty (30) days written notice must be provided to the City of Delray Beach via Certified Mail in the event of cancellation, lapse or material modification of any coverage required by this agreement. BUSINESS AUTOMOBILE LIABILITY The CONSULTANT shall procure and maintain, for the life of the Contract/Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or "Comprehensive Form" type policy. In the event that the CONSULTANT does not own any vehicles, we will accept hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONSULTANT indicating the following: "Name of Consultant" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, "Name of Consultant" agrees to purchase "Any Auto" or Comprehensive Form coverage as of the date of acquisition. CONSULTANT'S Signature: Thirty (30) days written notice must be provided to the City of Delray Beach via Certified Mail in the event of cancellation, lapse or material modification of any coverage required by this agreement. SUPPLEMENTAL PROVISIONS 1. The insurance coverage and conditions afforded by this policy(s) shall not be suspended, voided, canceled or modified, except after thirty (30) days prior written notice by Certified 3 Mail, Return Receipt Requested, has been given to the City of Delray Beach's department that originated this contract. 2. Certificates of Insurance meeting the specific required provision specified within this Contract/Agreement shall be forwarded to the City of Delray Beach Department that originated the contract, and approved prior to the start of any work or the possession of any City property or the commencement of services, as applicable. ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing information on hand, including copies of applicable information, costs, and any other data available in the files of the CITY. ARTICLE 10 - TERMINATION OF AGREEMENT The obligation to continue services under this Agreement may be terminated for cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon fourteen (14) days written notice to CONSULTANT, and CONSULTANT shall terminate or suspend performance of services on a schedule acceptable to CITY or at the end of this fourteen (14) day period, at the option of the CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay CONSULTANT for all services performed through the date of notice of termination or suspension. ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION CONSULTANT shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the CONSULTANT's performance of the Services to be proprietary unless such information is available from public sources or is a public record under Florida law. CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12 — UNCONTROLLABLE FORCES Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non - performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non - performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, Acts of God and governmental actions. LI Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non - performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non - performing parry shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 14.3 Political Campaigns During the term of this Agreement, the CONSULTANT or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial 5 contribution to any such campaign. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and CONSULTANT as a final, complete and exclusive statement of the terms of the Agreement between the CITY and CONSULTANT. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and CONSULTANT pertaining to the Services, whether written or oral. The Agreement may not be modified unless such modifications are evidenced by an amendment in writing signed by both the CITY and CONSULTANT. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and CONSULTANT each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement. CONSULTANT has advised the CITY that it may assign the rights and obligations of this Agreement to a subsidiary or affiliate of CONSULTANT to comply with the 2012 Senate Rules defining a "Lobbying Firm." CONSULTANT shall advise the CITY in writing of such assignment, to which the CITY hereby consents, without further action so long as no other provision of this Agreement is adversely affected. ARTICLE 17 - CONTINGENT FEES The CONSULTANT warrants that it 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 it has not paid or agreed to pay any person, 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. ARTICLE 18 - TRUTH -IN- NEGOTIATION CERTIFICATE Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANTS most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. 6 ARTICLE 19 - OWNERSHIP OF DOCUMENTS CONSULTANT shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information prepared under this Agreement shall become the property of the CITY upon completion, for its use and distribution as may be deemed appropriate by the CITY. ARTICLE 20 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY City of Delray Beach City Manager 100 N.W. I" Avenue Delray Beach, FL 33444 As to CONSULTANT: Weiss, Handler & Cornwell, P.A. 2255 Glades Road Suite 218A Boca Raton, FL 33431 Attention: Henry Handler Notices shall be, effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. IN WITNESS WHEREOF, the City of Delray Beach, has caused these presents to be signed by the Mayor and its seal to be hereunto affixed, and Weiss, Handler & Cornwell, P.A. has executed this agreement, all as of the day and year first above written. VA A TEST: By; City Clerk Approved as to Form: By: City- Attorney Date: Attest: %� `�41- vvrt i." Corporate Secretary (Affirm Corporate Seal) 8 WEISS, HANDLER & CORNWELL, P.A.: By � Signature Name: 1 �,, � .moo( L141 Title: President (or other duly authorized Officer) ATTACHMENT A — SCOPE OF WORK Weiss, Handler & Cornwell agrees to provide the following services as part of a comprehensive, full- service state and local policy issues /services agreement to achieve policy outcomes that reflect the best interest of the City of Delray Beach, its residents and its businesses: a. Develop the City's 2013 State Legislative Agenda b. Advocate for the City's interests before the State Legislature c. Advocate for the City's interests before the state's Executive Branch d. Advocate for the City's interests before local and other agencies (i.e. Palm Beach County, South FL Water Management District, US Army Corp. etc.) e. Monitor legislation, provide input to legislators and their staff on proposed legislation and inform the City of proposed legislation of interest to the City f. Provide weekly legislative updates during session (either in writing and/or in person) g. Meet regularly with City elected officials and/or staff (i.e., in- person, conference call, etc.) h. Set up meetings with State Legislative Offices, Executive Branch and State Agencies as needed i. Any other similar and/or reasonable services that relates to state and local advocacy services /assistance ATTACHMENT B — COMPENSATION FOR SERVICES The CITY shall pay to the CONSULTANT for providing and performing the professional services set forth in Attachment A as follows: The Consultant is to be compensated a total of $35,000.00 for the seven month period, inclusive of all costs. The Consultant will provide monthly invoices for work completed during that time frame. The billings will be $5,000 per month for the seven month period. The invoices will be approved by the City Manager, or his designee. The City's payment terms are net 30, upon review and acceptance of the invoice and monthly activity report. 10 From: Henry Handler [ mailto :hbh(a)weissandhandlerpa.com] Sent: Monday, December 24, 2012 10:12 AM To: Shutt, Brian Subject: Assignment of Lobbying Services to All Florida Solutions, Inc. Dear Brian: The Firm will assign its authority and responsibilities for the State Lobbying Services to All Florida Solutions, Inc., the address of which will be 2255 Glades Road, Suite 218 -A, Boca Raton, Florida 33431. All telephone numbers, facsimile numbers and cell phone numbers will remain the same. Please review the attached Assignment and Assumption Agreement and advise if it is acceptable. Thank you. Very truly yours, Henry B. Handler, Esq. WEISS, HANDLER & CORNWELL, P.A. One Boca Place 2255 Glades Road, Suite 218 -A Boca Raton, Florida 33431 -7392 (561) 997 -9995. (561) 997 -5280 fax www.weisshandler.com CONFIDENTIALITY NOTE: The information contained in this transmission is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this e -mail, including attachments to this e -mail, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another parry any transaction or matter addressed in this e -mail or attachment. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 4, 2013 SUBJECT: AGENDA ITEM SP.2 - SPECIALIWORKSHOP MEETING OF APRIL 9, 2013 AGREEMENT: LYLE SUMEK ASSOCIATES. INC. ITEM BEFORE COMMISSION Agreement with Lyle Sumek Associates, Inc. BACKGROUND The attached agreement provides that Lyle Sumek shall perform facilitation services (meetings with Department Heads and the City Commission) and a review and update of the City's Strategic Plan. The final product shall be delivered to the City no later than August 31, 2013. Mr. Sumek shall be paid at the rate of $200.00 per hour with a not to exceed amount of $15,000.00, unless prior approval is obtained from the City. FUNDING SOURCE Funding is available from 001- 111 -511 -31.90 (General Fund: Professional Services /Other Professional Services). RECOMMENDATION Approve the agreement with Lyle Sumek Associates, Inc.. AGREEMENT TO FURNISH CONSULTING SERVICES TO THE CITY OF DELRAY BEACH FOR THE REVIEW AND UPDATE OF THE STRATEGIC PLAN THIS AGREEMENT, made and entered into this day of , 2013, between the CITY OF DELRAY BEACH, hereinafter called the "City," and LYLE SUMEK ASSOCIATES, INC., a corporation organized pursuant to the laws of the State of Florida, hereinafter called the "Consultant," is as follows: WHEREAS, the City wishes to utilize Consultant in the facilitation of the annual review and update of the City's Strategic Plan, which includes team building, strategic planning and goal setting, development and implementation of governance processes through a series of meetings with individual City Commission members, the full City Commission and the Department Heads; and WHEREAS, the City desires to engage the Consultant to render the professional facilitation-services described in this Agreement and the Consultant is qualified and willing to perform such services. NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the City and the Consultant agree as follows: L THE PROJECT The project consists of providing facilitation services and production of the annual review and update of the City's Strategic Plan. This includes conducting a series of meetings with individual City Commission members, the full City Commission and the Department Heads, and City Manager; associated team building between the City Commission and the Department Heads; development and implementation of governance processes specifically for use by the City Commission; and development/refinement of the City's Strategic Plan and goals, including the production of all associated documents and materials (hereinafter, the "Project "). The Project shall be considered complete upon the delivery (electronically, in a form acceptable to the City) of all documents and associated materials developed through meetings with City Commission and the Department Heads. IL CONSULTANT'S SERVICES AND RESPONSIBILITIES The Consultant agrees that it will furnish all of the technical, administrative, professional, and other labor; all supplies and materials, equipment, office space and facilities, testing and analyses, calculations, and any other facilities or resources necessary to provide the professional and technical services necessary to complete the Project. The City will provide photocopies of documents and office supplies for strategic planning meetings in the City related to Consultant's services. III. ADDITIONAL SERVICES When authorized in writing by the City, the Consultant agrees to furnish or obtain from others, additional professional services due to changes in the Project or its design, subject to separate written agreement between the City and Consultant as to additional compensation for additional services. IV. CONSULTANT'S FEE The compensation for the Project shall be at the Consultant's standard billing rate of $200 per hour. The maximum amount billable under this Agreement, including reimbursable expenses listed below, shall not exceed Fifteen Thousand and no /100 Dollars ($15,000.00), unless written authorization is received from the City to exceed this amount. The Consultant shall submit invoices to the City for services rendered during the preceding month, such invoices to be in the form and detail reasonably required by the City. Printing and travel expenses shall be reimbursed at Consultant's cost, shall be itemized on invoices, and shall be documented by appropriate receipts. The City agrees to pay the Consultant within thirty (30) days of receipt of properly documented invoices. V. COMMENCEMENT & COMPLETION OF PROJECT Consultant understands and agrees that time is an essential requirement of this Agreement. The Project shall be completed as soon as good practice and due diligence will permit. In any event, the Project shall be completed by August 31, 2013. VI. TERMINATION This Agreement shall terminate at such time as the Project is completed and the requirements of this Agreement are satisfied, or upon the City's providing Consultant with seven (7) days advance written notice, whichever occurs first. In the event the Agreement is terminated by the City's issuance of said written notice of intent to terminate, the City shall pay Consultant for all services previously authorized and completed on the Project prior to the date of termination plus any services the City deems necessary during the notice period. Said compensation shall be paid upon the Consultant's delivering or otherwise making available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Consultant in performing work on the Project, whether completed or in progress. VII. INSURANCE During the course of the Project, the Consultant shall maintain Workers' Compensation Insurance in accordance with the Workers' Compensation laws of the State of Florida, Professional Liability Insurance in the minimum amount of $500,000, but in any event sufficient to cover Consultant's liability under paragraph X.D.I. below, Automobile Liability of $500,000 per person /$1,000,000 per occurrence, and Commercial General Liability of $500,000 per person /$1,000,000 per occurrence. The City shall be named as an additional insured under the Consultant's Automobile and Commercial General Liability coverages, providing that such insurance is primary with respect to claims made by the City, and these coverages shall be occurrence -based policies, and shall specifically provide that all coverage limits are exclusive of costs of defense, including attorney fees. The Consultant shall provide certificates of insurance to the City indicating compliance with this paragraph. It shall be an affirmative duty of the Consultant to notify the City in writing within two days of the cancellation of or substantive change to any of the insurance policies set out herein, and failure to do so shall constitute a breach of this Agreement. VIII. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disability. Such actions shall include, but not be limited to the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. IX. PROHIBITED INTEREST A. The Consultant agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Consultant further agrees that in the performance of the Agreement, no person having any such interests shall be employed. B. No official or employee of the City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. X. GENERAL PROVISIONS A. Independent Contractor. In the performance of the Project, the Consultant shall act as an independent contractor and not as agent of the City except to the extent the Consultant is specifically authorized to act as agent of the City. B. Books and Records. The Consultant's books and records with respect to the Project and reimbursable costs shall be kept in accordance with recognized accounting principles and practices, consistently applied, and will be made available for the City's inspection at all reasonable times at the places where the same may be kept. The Consultant shall not be required to retain such books and records for more than three (3) years after completion of the Project. C. Ownership of Documents. All documents and the like relating to the Project shall be the joint property of the City and Consultant. Upon completion of the Project, or at such other time as the City may require, the Consultant shall deliver to the City a complete set of documents in hard copy and in an electronic /digital formant acceptable to the City. D. Responsibility; Liabili ty. 1. Professional Liability. The Consultant shall exercise in its performance of the Project the standard of care normally exercised by nationally recognized organizations engaged in performing comparable services. The Consultant shall be liable to the City for any loss, damages or costs incurred by the City for the repair, replacement or correction of any part of the Project that is deficient or defective as a result of any failure of the Consultant to comply with this standard. 2. Indemnification. To the fullest extent permitted by law and except for all professional liability claims, damages, losses and expenses, the Consultant shall indemnify, defend, and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Project, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Project itself) including the loss of use resulting therefrom, but only to the extent caused by the negligent act or omission of, or breach of contract by, the Consultant, any subcontractor of the Consultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City and its agents and employees from and against all professional liability claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Project provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Project itself) including the loss of use resulting there from, but only to the extent caused by the negligent act or omission of, or breach of contract by, the Consultant, any subcontractor of the Consultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph D.2. The City may, if it so desires, withhold the payments due the Consultant so long as shall be reasonably necessary to indemnify the City on account of such injuries. In any and all claims against the City or any of its agents or employees by any employee of the Consultant, any subcontractor of the Consultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this paragraph D.2 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any subcontractor under the workers' compensation acts, disability benefit acts or other employee benefit acts. E. Communications. All communications relating to the day -to -day activities for the Project shall be exchanged between the following Project representatives of the City and the Consultant. Project Representative for City: Name: Louie Chapman, City Manager Address: 100 N.W. 1St Avenue Delray Beach, FL 33444 Phone: 561- 243 -7010 email: Chapman @mydelraybeach.com Proiect Representative for Consultant: Name: Lyle Sumek Address: 9 Flagship Court, Palm Coast, FL 32137 Phone: 386- 246 -6250 email: sumekassockcfl.rr.com All notices and communications required or permitted hereunder shall be in writing and delivered personally (which may include email to the address designated above) to the respective Project representatives of the City and the Consultant or shall be sent via registered mail, postage prepaid, return receipt requested to the parties at their addresses shown herein. When sent via registered mail, notices shall be effective three (3) days after mailing. F. Assignment. The Consultant shall not assign this Agreement in whole or in part, including the Consultant's right to receive compensation hereunder, without the prior written consent of the City; provided, however, that such consent shall not be unreasonably withheld with respect to assignments to the Consultant's affiliated or subsidiary companies, and provided, further, that any such assignment shall not relieve the Consultant of any of its obligations under this Agreement. This restriction on assignment includes, without limitation, assignment of the Consultant's right to payment to its surety or lender. G. Applicable Laws and Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. H. Entire Agreement. This Agreement and its attachments shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the Project. To the extent there is any conflict between the terms of this Agreement and the terms of an attachment hereto, this Agreement shall control. I. Subcontracting. Consultant may not employ additional subcontractors to perform work on the Project without the City's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subcontractors. L. Authorization. The person or persons signing and executing this Agreement on behalf of each Party, do hereby warrant and guarantee that he /she or they have been fully authorized to execute this Agreement and to validly and legally bind such Party to all the terms, performances and provisions herein set forth. INSURANCE CERTIFICATES REQUIRED BY THIS AGREEMENT SHALL BE SENT TO CITY MANAGER'S OFFICE, ATTENTION: DOUG SMITH, ASSISTANT CITY MANAGER. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on the date first appearing above. LYLE SUMEK ASSOCIATES, INC. Ma Printed Name: Lyle Sumek Title: President/Owner Address: 9 Flagship Court Palm Coast, Florida 32137 ATTEST: Title: CITY OF DELRAY BEACH By: Printed Name: Louie Chapman Title: City Manager Address: 100 NW Ist Avenue Delray Beach, FL 33444 ATTEST: City Clerk APPROVED AS TO LEGAL FORM By: City Attorney MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: Louie Chapman, Jr., City Manager DATE: April 5, 2013 SUBJECT: AGENDA ITEM SP.3 - SPECIAL/WORKSHOP MEETING OF APRIL 9, 2013 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT //PROFESSIONAL FIREFIGHTERS & PARAMEDICS, LOCAL 2928, IAFF ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement with the Professional Firefighters & Paramedics, Local 2928, IAFF. BACKGROUND The City of Delray Beach and the Professional Firefighters & Paramedics, Local 2928, IAFF, have agreed to amend the provisions to Article 13 -A -FR Salaries, and Article 38 Pension Plan Matters (attached). The articles were ratified by IAFF on April 3, 2013. Major changes were made in the following areas: Salaries Continued wage freeze for Fiscal Year 2012 -13. Pension Employees hired after the ratification date, who terminate their employment with the City with more than 10 but less than 20 years of service will receive a multiplier of 2.5% for all years of service. Employees who terminate their employment with the City with 20 or more years of service will receive a multiplier of 3.0% for all years of service. This is a reduction from the current maximum multiplier of 3.5 %. Sick Leave Incentive Award (will be provided through a separate administrative policy) Employees can particpate in the City's Sick Leave Incentive Award, a policy aimed at reducing overtime cost and improving attendance. These changes mirror the amended Collective Bargaining Agreements with PBA Officers /Sergeants and PBA Lieutenants, which were ratified on January 3, 2013. Where possible, we do try to provide parallel benefits to both sworn units. RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement with the Professional Firefighters & Paramedics, Local 2928, IAFF. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928,IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 AMENDMENT NO.2 to the COLLECTIVE BARGAINING AGREEMENT between the CITY OF DELRAY BEACH and the PROFESSIONAL FIREFIGHTERS /PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. WHEREAS, the City of Delray Beach (City) and the Professional Firefighters /Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (Local 2928), have agreed to amend the provisions of the collective bargaining agreement effective October 1, 2011 through September 30, 2014; WHEREAS, the City and Local 2928 have agreed to amend the provisions of Article 13- A -FR, and Article 38; and WHEREAS, the City and Local 2928 have agreed to immediately implement the attached modifications to each of the articles specified above; IT IS THEREFORE AGREED that the 2011 -2014 collective bargaining agreement shall be amended in accordance with the attached, executed versions of Article 13 -A -FR and Article 38 and that such amendments shall be effective upon ratification by both the City and IAFF, Local 2928. For the City: Louie Chapman, Jr., City Manager For the Local 2928: Date: Date: City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 13 -A -FR SALARIES C-- +-; -- 1 It is agreed between the parties that the eleven (11) Step Pay Plans for Fire Rescue employees shall be as follows: Step Plans FIRE FIGHTER Step 1 2 3 4 5 6 7 8 9 10 11 40 -Hour 20.34 21.32 22.34 23.41 24.54 25.71 26.95 28.24 29.60 31.14 32.63 Shift 16.95 17.76 18.62 19.51 20.45 21.43 22.46 23.53 24.66 25.95 27.19 Annual 42,308 44,339 46,467 48,697 51,035 53,485 56,052 58,743 61,562 64,763 67,872 DRIVER /ENGINEER Step 1 2 3 4 5 6 7 8 9 10 11 40 -Hour 21.41 22.44 23.52 24.65 25.83 27.07 28.37 29.73 31.16 32.78 34.35 Shift 17.84 18.70 19.60 20.54 21.52 22.56 23.64 24.77 25.96 27.31 28.62 Annual 44,536 46,674 48,914 51,262 53,723 56,301 59,003 61,835 64,804 68,174 71,446 EAM City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 LIEUTENANT Step 1 2 3 4 5 6 7 8 9 10 11 40 -Hour 26.76 28.04 29.39 30.80 32.28 33.83 35.45 37.15 38.93 40.96 42.92 Shift 22.30 23.37 24.49 25.66 26.90 28.19 29.54 30.96 32.44 34.13 35.77 Annual 55,653 58,324 61,124 64,058 67,133 70,356 73,732 77,272 80,981 85,191 89,281 PARAMED I C Step 1 2 3 4 5 6 7 8 9 10 11 40 -Hour 23.79 24.94 26.13 27.39 28.70 30.08 31.52 33.04 34.62 36.42 38.17 Shift 19.83 20.78 21.78 22.82 23.92 25.07 26.27 27.53 28.85 30.35 31.81 Annual 49,491 51,867 54,356 56,965 59,700 62,565 65,568 68,715 72,014 75,759 79,395 PARAMEDIC LIEUTENANT Step 1 2 3 4 5 6 7 8 9 10 11 40 -Hour 28.09 29.44 30.85 32.34 33.89 35.51 37.22 39.00 40.88 43.00 45.07 Shift 23.41 24.53 25.71 26.95 28.24 29.59 31.02 32.50 34.06 35.84 37.56 Annual 58,433 61,237 64,176 67,257 70,486 73,869 77,417 81,130 85,025 89,447 93,740 EA M City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 (a) Bargaining unit employees shall continue to receive an annual performance evaluation on the employee's employment anniversary date, or last promotion date, whichever occurs later. Annual performance evaluations shall be conducted pursuant to the Fire - Rescue Department's Employee Performance Evaluation criteria and forms, as determined by the City. (b) Subject to the schedule set out in section 2(c), if the employee receives an overall performance evaluation of satisfactory or higher, the employee will move to the next established higher step, or receive a 4.8% increase to base salary if not in an established step. An employee who receives an overall performance evaluation of unsatisfactory will not move to the higher established step or receive the 4.8% increase to base salary if not in an established step until the employee receives an overall performance evaluation of satisfactory or higher. (c) The schedule for step movement provided for in Article 13 -A -FR, Section 2(b) is as follows: 1. From October 1, 2008, until the date that the prior contract was ratified by both parties, step movement will continue as provided in section 2 (b) . 2. One Year Freeze of Step Movement - For a period of one year, which began on the date that the prior contract was ratified by both parties, there shall be no step movement. 3. Resumption of Step Movement - Beginning on the date one year after the date that the prior contract was ratified by both EA VA City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 parties, step movement will resume and will continue until September 30, 2011. 4. Effective October 1, 2011, movement in the step plan shall again be frozen for a period of one fiscal year, the 2011- 2012 fiscal year. 5. Effective October 1, 2012, step movement will not occur unless and until it is provided for in an agreement between the parties pursuant to either the re- opener negotiations for the 2012 -2013 and 2013 -2014 fiscal years or in a successor agreement. Provided that if the City fails to provide the IAFF with the City's 2012 -2013 proposal for Article 13 -A -FR Salaries by June 15, 2012, then the step movement will occur during the period that the parties are engaged in the collective bargaining process. Provided also that if the City fails to provide the IAFF with the City's 2013 -2014 or 2014 -2015 proposals for Article 13 -A -FR Salaries by June 15, 2013 or June 15, 2014, respectively, then the step movement will occur during the period that the parties are engaged in the collective bargaining process. Section 3 An employee who reaches or is at the maximum step range, will only be eligible for a salary increase based on the movement of the maximum step. 48 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Employees who serve as Step Training Paramedics shall receive payment of 2 hours of overtime for every 24 hours of Step Training completed. Section 5 The nineteen employees working in Special Operations at Fire Station No. 5 (18 personnel) and at Fire - Rescue Headquarters (1 Special Operations Coordinator) shall be eligible for an incentive pay adjustment of $.35 per hour payable monthly. Certification as a Hazardous Materials Technician, Dive Rescue 1, Rope Rescue 1, NFPA 1670 may be recommended as certifications for recognition in Special Operations. Section 6 Employees working in the EMS Supervisor or Training Captain positions shall be eligible for an incentive adjustment of $1.00 per hour payable monthly. Employees working in the Fire Safety Division or Community Education Specialist /PIO position shall be eligible for an incentive adjustment of $.50 per hour payable monthly. CVJ City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Employees temporarily working in positions noted in Sections 5, 6, and 7 noted above, shall be eligible for pay adjustment calculated hourly. The employee must work at least fifty percent of any shift or working day, with no accruals of any portion of any shifts /working days, which are less than fifty percent. A temporary absence from duty shall be defined as an absence from a duty position due to one of the following; illness, vacation, Kelly Day, attendance at conferences and other City business, leave of absence or absence without leave. 50 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 38 PENSION PLAN MATTERS The Union and the Employees agree that the City and /or the Police and Firefighters Pension Board of Trustees may during this Contract period adopt amendments to Chapter 33 of the Code of Ordinances in order to add provisions specifying that the Pension Board may utilize the services of an outside agency or business (experienced in insurance claims review, disabilities claims, or other related areas) to provide solely advisory opinions to the Board of Trustees with regard to the granting or not granting of any disability retirement requests pending or submitted during the term of this Agreement. Section 2 The parties acknowledge that there exists between them an agreement regarding the Delray Beach Police and Fire retirement system. As a part of that agreement, the parties agreed that the issue of disability retirement shall be addressed through the labor management committee format. Section 3 The Union and the Employees agree that Chapter 33 of the Code of Ordinances for the City of Delray Beach shall be amended so that the employee contribution to the Delray Beach Police and Fire Retirement System is increased by three percent (30). The parties 111 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 realize and understand that some nominal enhancement of benefits will be necessary in order to effectuate this increase in the employee contribution and authorize the Union President, or his designee, and the City Manager, or his designee, to enter into a memorandum of understanding specifying the nominal benefit enhancement to be enacted in order to allow for the increased employee contribution. Employees hired after the Ratification date of this re- opener who leave City employment with more than 10 but less than 20 years of service would receive a multiplier of 2.5% and employees who leave City employment with 20 or more years of service would receive a multiplier of 3.0% for all years of service. Section 4 - Ocean Rescue Ocean Rescue employees shall continue to participate in the General Municipal Employees Pension Plan as set forth in Chapter 35 of the City's Code of Ordinances. 112 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: April 4, 2013 SUBJECT: AGENDA ITEM WS.1 - SPECIALIWORKSHOP MEETING OF APRIL 9, 2013 WARC PRESENTATION ITEM BEFORE COMMISSION Reginald Cox, the Chairman of West Atlantic Redevelopment Coalition (WARC), will provide the Commission with a status update presentation. WEST ATLANTIC AREA NEEDS ASSESSMENT COMMUNITY WORKSHOP SUMMARY DELRAY BEACH FLORIDA October 2012 Prepared for West Atlantic Redevelopment Coalition (WARC) West Atlantic Redevelopment Coalition Facilitated by Greg Vann Buckle & Associates, APA Charter Member (1978) Supported & Sponsored by SW NEIGHBORHOOD ALLIANCE NW NEIGHBORHOOD ALLIANCE '01 RA D � L R A Y B�ACfl COMMUNITY REDEVELOPMENT AGENCY The TEn 'Cod %%ter DELRAY BEACH All-AnudcaUtV 1993 2001 imp DOWNTOWN DEVELOPMENT AUTHORITY mme WASTE MANAGEMENT ACKNOWLEDGEMENTS The West Atlantic Redevelopment Coalition would like to express thanks to the following for their participation and contribution to the West Atlantic Community Workshop Process: Florida House of Representatives District 88 State Representative Elect Bobby Powell Palm Beach County Commission District 7, Priscilla Taylor Gladys Whigham City of Delray Beach Commissioner Tom Carney, Commissioner Angeleta Gray Village Academy School Principal Guam Sims Delray Beach Community Redevelopment Agency Commissioner Bill Branning Delray Beach Downtown Development Authority Chairman Seabron Smith Southwest Neighborhood Alliance President Ann Stacey -Wright Northwest Neighborhood Alliance President Joycelyn Patrick Waste Management Ellen Smith, Government and Community Affairs Manger Neighborhood Advisory Council Spady Cultural Heritage Museum Habitat for Humanity Coalition for Black Student Achievement (CBSA) Greater Delray Beach Chamber of Commerce Delray Beach Community Land Trust Delray Beach Housing Authority Center for Technology Enterprise & Development (Ted Center) Donnie's Place Southern/Soul Restaurant Professional Facilitators Dale Adams, Michael Brady, Greg Buckle, Paul Skyers, Mary Smith, Lynn Solomon, Paul White TABLE OF CONTENTS • Methodology Overview — Workshop Agenda .............. 2 • Team Assessment ............... ............................... 3 -6 • General Conclusion ............. ............................... 7 • Recommendations .............. ............................... 8 • Appendix ......................... ... ........... .............. . .. 9 • Workshop Participants • WARC History and Mission Statement • Community Redevelopment Area Map • West Atlantic Area Maps • Workshop Professional Facilitators fj'e +� METHODLOGY OVERVIEW On September 8, 2012 the West Atlantic Redevelopment Coalition (WARC) spearheaded a Needs Assessment Workshop for the West Atlantic Corridor and adjacent northwest and southwest neighborhoods. The workshop was well attended by a diverse cross - section of 75 participants which included elected officials, CRA staff, City staff, developers, business owners, community leaders and residents. All parties were interested in hearing the citizens speak about the needs of the West Atlantic Community. The WARC Board Chairman, Reginald Cox, opened the workshop and stated that over the past year he has attended many southwest and northwest neighborhood associations' meetings and had many discussions about the objectives that were identified in the various plans related to West Atlantic Avenue over the last twenty five years. He asked the question, "What have we learned over the last twenty years ?" He stressed the importance of collecting a shared vision for the future development of the West Atlantic Community. The purpose of the workshop was to start the review and reaffirmation process for the vision by identifying the current and future needs of the West Atlantic Community. The primary goal of the workshop was to build a better relationship among the West Atlantic Redevelopment Coalition, Residents, Property Owners, and Business Owners with the Delray Beach Community Redevelopment Agency (CRA). After explaining the goals of the workshop and introductions, Mr. Cox turned the meeting over to the lead facilitator, Mr. Greg Vann Buckle. Mr. Buckle introduced his facilitation team and provided an overview of the workshop process and the ground rules for participation. The participants were divided into four teams that were headed by two professionals. One professional served as a team facilitator and the other served as recorder. The participants were asked to immediately break out into groups according to the numbers that were prewritten on the back of each agenda. The groups spent the next forty -five minutes discussing, identifying and prioritizing the needs of the community. The next forty -five minute phase of the workshop, each team presented their findings to the entire group. Mr. Buckle turned the workshop back over to Mr. Cox who gave closing remarks and reminded all participants that the WARC Board will use the input to reassess WARC's goals and pursue a 2013 Strategic Plan. Many participants continued their discussions during lunch and pledged to continue to support the West Atlantic Redevelopment Coalition in the efforts to move the West Atlantic Community forward. K TEAM ONE ASSESMENT: Facilitator: Michael Brady Recorder: Mary Smith COMMUNITY NEEDS IDENTIFIED 1. Grocery Store w / fresh produce 2. Copy Center 3. Market/Supermarket 4. Bank 5. Park/Playground 6. Restaurant (Family Style) (Sit Down) 7. Higher Learning Facilities 8. Health Clinics/Urgent Care/Doctor Offices 9. Signs-Street 10. Sidewalks 11. Public Transportation- Buses, Shuttles extend to side streets. 12. Less Green Space 13. Community Policing/Substation 14. Make Shops Walkable 15. Lounge, Music/Dancing 16. Get it done TEAM ONE TOP FOUR PRIORITIES 91 Grocery Store 92 Community Policing/Substations 93 Health Clinics/Urgent Care/Doctor Offices 94 Bank/Financial Institution FE 0 E. 3 TEAM TWO ASSESMENT: Facilitator: Lynn Solomon, P.A. Recorder: Dale Adams COMMUNITY NEEDS IDENTIFIED 1. Supermarket 2. Bank 3. Hotel 4. Doctors Office 5. Family Restaurant 6. Ethnic Restaurant 7. Drug Store 8. Medical Clinic/Wellness Center 9. Walkable Accessible Neighborhood rAxiwuM OCCUPANCY A_ �r TEAM TWO TOP FOUR PRIORITIES # 1 Supermarket 92 Medical Clinic/Wellness Center 93 Banking /Financial Institutions 94 Family Restaurant u�, eolXC .eR iHe C C� 1 4t :i TEAM THREE ASSESMENT: Facilitator: Paul White Recorder: Ellen Smith COMMUNITY NEEDS IDENTIFIED 1. Supermarket 2. Healthcare Facility 3. Pharmacy 4. Cafe 5. Restaurant 6. Neighborhood Park 7. Retail Shops 8. Art /Cultural Center 9. 5th Ave needs to be included (Historic) 10. More Street Lighting 11. Child Care Facilities 12. Bus Shelters 13. Job Fairs /Job Training /Work Force Alliance 14. Elder Care 15. Youth Mentoring 16. Higher Police Visibility 17. More Public Transportation 18. Planned Events in Park 19. Theatres, Play, Movie Theatre, Entertainment Complex 20. Infrastructure- Stormwater 21. Additional Streetscape 22. Activities for Youth 23. Support for new and existing small business 24. Requirement for developers to hire local. 5 TEAM THREE TOP FOUR PRIORITIES #1 Supermarket 92 Youth Mentoring 43 Requirement for Developers to Hire Local 94 Pharmacy 9 TEAM FOUR ASSESMENT: Facilitator /Recorder: Paul Skyers COMMUNITY NEEDS IDENTIFIED 1. Bike path throughout neighborhood 2. Hotel 3. Preserve existing homes and add rental units 4. Entertainment and hospitality cluster /Theatre /Jazz Club 5. Streetscape transition from gateway into neighborhoods 6. Bowling Alley 7. Game Room/Youth Club 8. Restaurant/Sports Bar 9. More Public Parking 10. Creative Arts Complex 11. Assisted Living Facility/Nursing Home /Senior Center 12. Smooth Transition Commercial to Residential Uses 13. Alleyway Improvements 14. Supermarket 15. Bank 16. Workforce Assistance 17. Post Office 18. Walkable Access to Good and Services 19. Retail Shops 20. Quality Infrastructure 21. Pharmacy 22. Medical Clinic TEAM FOUR TOP FOUR PRIORITIES 91 Hotel AL 92 Supermarket 93 Entertainment and hospitality cluster (Theatre /Jazz Club) 94 Alleyway Improvements I r Ll GENERAL CONCLUSIONS As stated in the overview, the presence of 75 participants and multiple stakeholder groups have shown the continued desire to move West Atlantic forward twenty years after Visions West Atlantic 2003. The overwhelming consensus among all stakeholders is that the time has come to satisfy the basic needs and services of the West Atlantic Community. Team responses have been compiled below to show the top four priority needs based on reoccurrence: • Supermarket/Grocery Store • Health/Wellness Facilities /Pharmacy • Bank/Financial Institution • Entertainment and Hospitality cluster (Theatre, Jazz Club, Restaurants) Many participants, who were also involved in the Visions West Atlantic workshop in 1993, stated that these particular uses have continued to rank high within all the development plans over the last twenty years. To revitalize the economy in the West Atlantic Community it is vital that the above mentioned facilities are prioritized for development. The West Atlantic Community wants what any other neighborhood wants for its area: • To reduce crime and vandalism • To create a good image • To have access to goods and services • To have an improved quality of life • To have pride in their community and cultural preservation • To enhance the beauty of the neighborhoods • To attract new businesses • To raise property values, and • To host a healthy and sustainable economy The West Atlantic Avenue business and residential community has shown its continued interest in moving forward through its participation in the workshop process. All teams felt that a unified front is necessary for future planning and development considerations along West Atlantic Avenue. The SW and NW neighborhoods want to be included, from formulation through implementation, and not overlooked when it comes to building their community. "The Challenge: If Not Now, When ?" RECOMMENDATIONS The West Atlantic Redevelopment Community Leadership Team should consider the following recommendations moving forward: 1. Restore the West Atlantic Redevelopment Coalition (WARC) as the primary liaison for redevelopment of the West Atlantic Avenue Corridor and the adjacent neighborhoods. This includes: A. Developing a strategic plan for the WARC to include details on the communication process with all stakeholders. B. Identifying and partnering with other organizations to implement the plan. C. Integrating the plan with the City's Comprehensive Plan, as well as the CRA's Redevelopment & Work Plans. 2. Establish an ad -hoc committee that will develop the area block -by -block with a focus on contiguous development. 3. Focus on prioritizing basic community service development and providing businesses that focus on a broader target market for a balanced equation for success. 4. Develop a marketing strategy and incentives that will attract desired development. 5. Preserve historical and cultural heritage of the area by encouraging community engaged development. 6. Research, identify and visit other communities with similar demographics that have been successful in providing basic service redevelopment. 7. Seek commitment (buy -in) of all stakeholders through transparency, setting clear goals with a realistic timelrame and a solid communication plan. 8. Establish a national public relations campaign to attract and create a dialogue with high profile entrepreneurs who are interested in investing in businesses that provide for cultural diversity, empowerment and local job creation. E1 A P P E N D I X o Workshop Participants o WARC History and Mission Statement o Community Redevelopment Area o West Atlantic Area Maps o Workshop Professional Facilitators WORKSHOP PARTICIPANTS 1. Rita L. Titus Resident 2. Nancy Johnson Resident 3. Mike Williams Habitat for Humanity 4. Michael Malone DB Chamber 5. Gladys Whigham District 7 Comm. Priscilla Taylor 6. Sean Jones Developer 7. Jeff Perlman Resident 8. Diane Colonna CRA 9. Beulah Rutherford Resident 10. Willie William Resident 11. Anna M. Rose Resident 12. Betty Goodman Delray Beach Heights /SWN Alliance 13. Gary Goldfarb Business 14. Ed Walker Resident 15. Marjorie Ferrer DDA 16. Mark Bruck Habitat for Humanity 17. Diane Franco DDA 18. Charlene Jones Spady Museum 19. Vera Farrington EPOCH 20. Mary Wright NW Neighborhood 21. Ellen Smith Waste Management 22. Jennifer Costello City of Delray 23. Patricea Nelson Resident 24. Francesca Mallows SWN Alliance 25. Kevin Rickard New Urban Communities WORKSHOP PARTICIPANTS 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Brandy Bostwick Alice Finst Dorothy Ellington Josh Smith Bill Branning Andre Parke Seabron A. Smith Evelyn Dobson Rudean Cartwright - Willam LaTanzia Jackson Andrew Ramsey Lisa McMiller Jessica Rove Vlad Dumitrescu Teresa Frazier Lynn Solomon Nigel Roberts Greg Buckle Dale Adams Cory Cassidy Patti Buehler Alfred Straghn Patricia Wright Even Jules Vincent Nolan Ele Zachariades SWN Alliance Resident DB Housing Authority Resident CRA Sachs Sax Caplan TED Center DB CLT Resident CBSA Resident SWN Alliance Resident Business Owner Resident Facilitator City Facilitator Facilitator Resident Resident WARC, Business WARC, Resident Bethel Church CRA Sachs Sax Caplan WORKSHOP PARTICIPANTS 52. Celestine H. Cartwright Resident 53. Tom Carney City Commission 54. Gail -Lee McDermott DB NAC 55. Otis Payne Resident 56. Jan P. Resident 57. Joycelyn B. Patrick N WN Alliance 58. L. Walker Resident 59. Peter Perri WARC 60. Ann Stacey -Wright SWN Alliance 61. Bobby Powell State Rep. Elect 62. Traniesce Willis Resident 63. Lena Wallace Resident 64. Kenya Spear Resident 65. Angeleta Gray City Commission 66. Henry Williams NW Neighborhood 67. Elain W. Resident 68. Paula N. Rocker Resident 69. Tim Hernandez New Urban Comm. 70. Rosetta Rolle Resident/NW Neighborhood 71. Guam Sims Village Academy 72. Margie Walden WARC 73. Chuck Ridley Resident - NW /SW Alliance 74. Samuel Spear WARC 75. Kristyn Cox - Goodwin CRA /WARC OFFICERS REGINALD A. COX, RA, MBA, CBO, CHAIR REGINALD A. COX & ASSOCIATES, INC. PcoxgpEQIn@ld@cox.Com JIMMY WEATHERSPOON, VICE -CHAIR PALM BEACH COUNTY URBAN LEAGUE weatfi34791Je11south.net MARGIE WALDEN, SECRETARY EXECUTIVE VP, ALLIANCE OF DELRAY miwaldErI91Jellsouth.net PETER PERRI, TREASURER OWNER, PJB, LLC hplPPpgaoLoom ALFRED STRAGHN OWNER, STRAGHN & SON FUNERAL HOME SHARON BURKE MONTAGE DIVERSITY CONSULTANTS, LLC shurkEgmontageeduoation.00m ALAN KORNBLAU DIRECTOR, DELRAY BEACH PUBLIC LIBRARY a1an.korn1J1au9de1P@yk1JP@Py.org SAMUEL SPEAR JR. OWNER, SPEAR - SYSTEMS, INC. sBmgSPE@P- SystAms.Com PATRICIA WRIGHT HOA PRESI DENT, CARVER MEMORIAL PARK sunshiPEP579y@hoo.00m KRISTYN COX- GOODWIN, ADMINISTRATOR CRA PROJECT ADMINISTRATOR ooxkgmydelrayheaoh.00m WARC HISTORYAND MISSION We, the Board of the West Atlantic Redevelopment Coalition want to personally thank you for being a part of the WARC Community Workshop on Needs Assessment for the West Atlantic Area. This workshop was called so that we, the stakeholders of this community, can come together to review the visions we've collected and shared, weigh them against today's plans and develop strategies to continue and /or reassess those visions. WARC is here to open the doors for communication between one another: public and private, resident and visitor, property owner and business owner. After a 1988 redevelopment strategy for the West Atlantic area was abandoned due to an outline of substantial demolition and displacement of residents and businesses, in 1993, the CRA organized the first phase of a community planning effort by inviting numerous community members to a series of meetings to discuss the concept of a West Atlantic Redevelopment Plan. These meetings resulted in the organization of a larger community based Steering Committee whose initial charge of was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as stakeholders in the resulting process which was termed "Visions West Atlantic ". "Visions West Atlantic" was a forum for a series of community meetings held over a two -year period that ultimately produced recommendations concerning redevelopment issues for West Atlantic Avenue. These recommendations form the backbone of the West Atlantic Redevelopment Plan, which was adopted by the City in 1995. The community "visions meetings" recognized that the need to facilitate the redevelopment of West Atlantic Avenue could not stop with completion of the plan. After a series of discussions, the group established the need for oversight and a full time staff person to implement the plan. The West Atlantic Redevelopment Coalition (WARC) is a nonprofit 501 (c) (3) organization created in 1996, as a result of the vision meetings, to advise the CRA and City on redevelopment issues in the area. WARC exists to ensure that the West Atlantic Corridor is completely redeveloped and that this redevelopment is consistent with the wishes and desires of the surrounding neighborhoods. The Mission of the West Atlantic Redevelopment Coalition (WARC) is to serve as a vehicle for community redevelopment, linking the resources of the public and private sector to advocate for the improvement of the economic, social and cultural future of the businesses and neighborhoods surrounding West Atlantic Avenue. Over the last 15 years the West Atlantic Corridor has achieved successful public and private projects such as Atlantic Grove and the Municipal Library; however, redevelopment along the West Atlantic Corridor still lags behind other successful initiatives found on East Atlantic Avenue and Pineapple Grove (NE 2nd Avenue). This Community Workshop is designed to identify and address barriers to the redevelopment along the West Atlantic Corridor and how WARC can continue to be the liaison between the Community's Voice and the Organization's Plan. The forum will be facilitated by professional planners assembled by WARC with the role of helping our community develop a shared vision and action steps required for complete redevelopment in this area of need. Again, thank you for your attendance and we look forward to working with you today, tomorrow, and in the future. Sincerely, Your 2012 WARC Board WEST ATLANTIC AVENUE CORRIDOR AERIAL 4 WEST ATLANTIC AVENUE CORRIDOR CURRENT PARTIAL ZONING DISTRICT MAP ME WORKSHOP PROFESSIONAL FACILITATORS Greg Vann Buckle Vann Buckle Planning Consulting is a Land Planning and Design firm in Southeast Florida working with a network of associates for 41 years. Vann Buckle has dealt with tremendous growth by assisting builders, realtors, developers and neighborhoods in coping with increasingly complex land utilization and controls. Paul Skyers Mr. Skyers provides technical financial assistance to public and private clients in the areas of loan packaging, business planning, procurement assistance and management/marketing. Mary Smith Mrs. Smith is a licensed realtor and home designer, bringing knowledge, energy and enthusiasm from start to completion to each transaction. Lynn Solomon Ms. Solomon, Attorney at Law, has worked on housing strategies and land use issues throughout Palm Beach and Martin counties. Dale Adams Mr. Adams is a civil engineer designer, land planner and project manager with 30 years experience in the South Florida area. Michael Brady For more than 20 years Mr. Brady has used his experience in Sales, Marketing, Public Relations and Team Management to achieve public consensus. Paul White Mr. White has a 30 -year career in City Management in Ohio, Georgia and Florida. Mr. White is adept at steering organizations through difficult financial challenges. ON Needs Assessment for the West Atlantic Area W Aydnt� A4 ® W Atl—n Ave n sw roc L j W Atlentw Ave Sw'v 51 Saturday, September 8, 2012 8:30 AM - Noon West 14 Atlantic Redevelopment MA, Coalition WASTE MANAGEMENT Nw 2nd st �eYry 9enM N Pereorcrel Geer � � m _ Y a a Ten— Courl NW Ist 51 Delray Beach Tenn�n Center �i uRA D I I R A Y B�ACfl COMMUNJTY REDEVELOPMENT AGENCY DELRAY BEACH All- anedcacfty 1993 2001 Table of Contents AGENDA FACILITATION TEAM DEVELOPMENT PLAN SUMMARIES WEST ATLANTIC REDEVELOPMENT COALITION (WARC) MAPS OF TARGET AREA NOTES SPONSORS West Atlantic 14 Redevelopment Coalition WASTE MANAGEMENT DELRAY BEACH 'rte GAll- America City D I L R A Y B�ACfl COMMUNITY REDEVELOPMENT AGENCY 2001 Agenda 8:45 AM — 9:00 AM Call to Order, Invocation & Introductions 9:00 AM — 9:15 AM Workshop Goals and Objectives 9:15 AM — 10:00 AM Break -out Groups 10:00 AM — 10:45 AM Team Findings Presentation 10:45 AM — 11:30 AM Lunch 11:30 AM — 12:00 PM Workshop Overview & Closing Comments DELRAY BEACH West v al 14 Atlantis I'MIURA� ♦� 1 Redevelopment Coalition WASTE MANAGEMENT D f L R A Y B 11 C fl 1993 COMMUNITY REDEVELOPMENT AGENCY 2001 Facilitation Team Profile Greg Vann Buckle Vann Buckle Planning Consultant is a Land Planning and Design firm in Southeast Florida working with a network of associates for 41 years. Vann Buckle has dealt with the tremendous growth by assisting Builders, Realtors, Developers and Neighborhoods in coping with increasingly complex land utilization and controls. Vann Buckle has had the privilege of providing services to both Public and Private clients, offering the following services: Neighborhood Revitalization Community Redevelopment Area Plans Economic Development Strategies Transportation corridor Planning Workshop Facilitator Land Development regulations Bike /Pedestrian Systems Project Liaison Crime Prevention through Design Program /Project Management Land Use Studies Street -scape Design Paul Skyers Comprehensive Planning Grant Procurement Project Development Reviews Focus Groups Appraisal and Evaluation Reports Traffic Calming Visioning Environmental Assessment Zoning Research Feasibility Studies Park /Recreation Facilities Planning Affordable Housing Program Mr. Skyers provides technical financial assistance to Public and Private clients in the areas of Loan Packaging, Business Planning, Procurement Assistance and Management /Marketing. Eric Brent Mr. Brent is a Licensed Real Estate Agent and Property Appraiser. For twelve years he has worked as Martin County SHIP Coordinator. Eric was instrumental in creating and enhancing partnerships that created housing opportunities for working families. Mary Smith Mrs. Smith is a Licensed Realtor and Home Designer, bringing knowledge, energy and enthusiasm from start to completion of each transaction. Lynn Solomon Ms. Solomon, Attorney at Law, has worked on housing strategies and Land Use issues throughout Palm Beach and Martin counties. Dale Adams Mr. Adams, Civil Engineer Designer, Land Planner and Project Manager in the South Florida area for 30 years. Michael Brady For more than 20 years Mr. Brady has used his experience in Sales, Marketing, Public Relations, Team Management and achieving Public consensus. Deana Freeman Mrs. Freeman, a Professional Land Planner in the South Florida Region, worked with the County /City CRA and Mainstreet. Paul White Mr. White has a 30 -year career in City Management in Ohio, Georgia and Florida. Mr. White is adept at steering organizations through difficult financial challenges. Sherry Mason Mrs. Mason, Licensed Realtor, in the South Florida area. She assists buyers and sellers with difficult to move properties. Stan Smith Mr. Smith has spent 40 years in Architecture, Planning, Design and Construction Administration of Projects in Detroit, Atlanta and West Palm Beach. Development Plan Summaries The Downtown Plan is significant to the planning field because it weds solid planning principles and architectural design with the dreams and aspirations of a community. The plan outlines physical improvements such as beautification, traffic calming, a significant gateway feature off of 1 -95, the placement of parks and plazas, and the adoption of design guidelines. However, unlike the City's past planning efforts, the Downtown Master Plan also addressed social issues such as racism and gentrification, and the fears of the community regarding both the positive and negative aspects of growth and redevelopment. And while consultants and city staff participated in creating the plan, the process was driven —and continues to be driven —by residents and other stakeholders. As a result, the plan enjoys broad community support. The Downtown Master Plan is a unique planning effort because community members, working closely with staff, are charged with taking the plan from vision to reality. The process utilized for development of the Plan has been documented in a brochure entitled, "creating inclusive partnerships" . The "Downtown Delray Beach Master Plan ", adopted March, 19, 2002, represents the citizens' plan for the unification and future growth of the downtown area. The Plan provides a blueprint for the development of the City's oldest business districts and the surrounding neighborhoods. It encompasses the entire Atlantic Avenue commercial corridor east of I -95, while recognizing the distinct character of its three main sectors: the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District from Swinton Avenue to the Intracoastal Waterway, and the Beach District east of the Intracoastal Waterway to the beach. Redevelopment Area #1 -West Atlantic Avenue Redevelopment Plan The West Atlantic Avenue Redevelopment Corridor consists generally of the area located one block north and south of West Atlantic Avenue, between 1 -95 and Swinton Avenue. In 1993, the CRA organized the first phase of a community planning effort by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as stakeholders in the resulting process which was termed "Visions West Atlantic ". "Visions West Atlantic" was a forum for a series of community meetings held over a two -year period that ultimately produced recommendations concerning redevelopment issues for West Atlantic Avenue. These recommendations form the backbone of the West Atlantic Redevelopment Plan, which was adopted by the City in 1995 The community "visions meetings" recognized that the need to facilitate the redevelopment of West Atlantic Avenue could not stop with completion of the plan. After a series of discussions, the group established the need for oversight and a project manager to implement the plan. The West Atlantic Redevelopment Coalition (WARC) is a nonprofit organization that was created to advise the CRA and City on redevelopment issues in the area. A staff position was created to facilitate the monthly WARC meetings, act as a liaison between WARC and the CRA/City and focus on the implementation of objectives and strategies in the plan. In 1997, the CRA amended the Plan by incorporating market research and by analyzing, in general, the redevelopment opportunities of each block in the area. The second amendment was adopted by the CRA and City in 2000. Also in 2000, the City and the CRA applied for a grant to the MacArthur Foundation to fund another community planning exercise, the Downtown Delray Beach Master Plan. The geographic areas covered by the downtown plan included the commercial districts along the Atlantic Avenue corridor from the beach to 1 -95. The plan, which was adopted in 2002, incorporates the provisions of the West Atlantic Avenue Redevelopment Plan. Although opportunities exist for private redevelopment of existing structures and vacant property along West Atlantic Avenue, it has been difficult for the private sector to initiate such efforts without public assistance with land assemblage and business development. Rapidly rising property values has led to speculative investments, and has in some cases stalled redevelopment activity as investors hold onto blighted properties for the maximum return. The CRA is working to continue the elimination of slum and blight in the area and facilitate successful redevelopment projects. Plan Objectives • Eliminate blighted conditions along West Atlantic Avenue and adjacent side streets • Encourage economic growth, redevelopment and minority business development • Increase job opportunities within the West Atlantic redevelopment area • Promotion of businesses which serve the neighborhood residents • Acquire land in order to aggregate sites sufficiently large enough to encourage redevelopment • Development of programs, events, and projects which attract new consumers to the Avenue • Create safer conditions for consumers, residents, and businesses • Beautify the West Atlantic Avenue corridor Southwest Area Neighborhood Plan When the MacArthur Foundation agreed to provide funding for preparation of the Downtown Delray Beach Master Plan, they also included funding for a plan to address the most distressed neighborhood adjacent to the West Atlantic commercial corridor: the Southwest Neighborhood. This area had long been characterized by slum and blighted conditions, including inadequate infrastructure, high crime, poor housing conditions aggravated by absentee ownership, and a large number of vacant properties that were not being maintained. In 2002 the City hired planning consultants JEG Associates to work with the neighborhood on a plan to address these issues. With some deviations, the plan encompasses the area generally bounded by I -95 on the west, SW 10th Street on the south, Swinton Avenue on the east, and the CBD zoning district on the north. A team of neighborhood stakeholders was assembled to assist in the communication and organizational aspects of the planning process. This group, known initially as the Southwest Management Team (now known as the West Atlantic Task Team, or WATT), met on a regular basis to work with the consultant, communicate with the neighborhoods regarding meetings and outcomes, provide feedback on various ideas and initiatives, and review the draft plan. One of the first tasks completed by the consultant was a "Livability Workshop," which was designed to obtain stakeholder input regarding livability conditions relative to indicators such as schools, public safety, parks, transit, etc. The results of the surveys and interviews helped determine the strengths and weaknesses of the community, and provided direction for the plan's focus. The plan provides a blueprint for the revitalization and stabilization of the neighborhoods located in the southwest area. It links the neighborhood residential areas, commercial centers, civic functions, and green spaces to create a vibrant, pedestrian friendly network of connected neighborhoods. The CRA participated in the funding and development of the plan, and continues to be a major participant in funding its implementation. Plan Objectives • Revitalization and stabilization of the neighborhoods in the southwest area • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages • Improve and upgrade infrastructure in the neighborhoods • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents • Provide pedestrian linkages between residential, commercial, civic, and recreational areas • Create jobs and promote economic development. West Atlantic Redevelopment Coalition OFFICERS REGINALD A. COX, RA, M BA, CBO, CHAIR PRINCIPAL, REGINALD A. COX & ASSOCIATES, INC. rooxgpEginaldaooxoom JIMMY WEATHERSPOON, VICE -CHAIR SR. FROG. COORD., URBAN LEAGUE OF PALM BEACH COUNTY vv> @0479hellsouth.net MARGIE WALDEN, SECRETARY EXECUTIVE VP, ALLIANCE OF DELRAY mlmIdErIgbellsouth.net PETER PERRI, TREASURER OWNER, PJB, LLC bplpppgaol.00m DIRECTORS ALFRED STRAGHN OWNER, STRAGHN & SON FUNERAL HOME SHARON BURKE DIRECTOR, MONTAGE EDUCATION sburkEgmontageeduoation.00m ALAN KORNBLAU DIRECTOR, DELRAY BEACH PUBLIC LIBRARY a1an.kornb1au9de1raylibrary.org SAMUEL SPEAR JR. OWNER, SPEAR - SYSTEMS, INC. samLgspear- Systems.00m PATRICIA WRIGHT HOA PRESIDENT, CARVER MEMORIAL PARK sunshinep579y@hoo.00m KRISTYN COX- GOODWIN, ADMINISTRATOR CRA PROJECT ADMINISTRATOR ooxkgmydelraybeaoh.00m We, the Board of the West Atlantic Redevelopment Coalition want to personally thank you for being a part of the WARC Community Workshop on Needs Assessment for the West Atlantic Area. This workshop was called so that we, the stakeholders of this community, can come together to review the visions we've collected and shared, weigh them against today's plans and develop strategies to continue and /or reassess those visions. WARC is here to open the doors for communication between one another: public and private, resident and visitor, property owner and business owner. After a 1988 redevelopment strategy for the West Atlantic area was abandoned due to an outline of substantial demolition and displacement of residents and businesses, in 1993, the CRA organized the first phase of a community planning effort by inviting numerous community members to a series of meetings to discuss the concept of a West Atlantic Redevelopment Plan. These meetings resulted in the organization of a larger community based Steering Committee whose initial charge of was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as stakeholders in the resulting process which was termed "Visions West Atlantic ". "Visions West Atlantic" was a forum for a series of community meetings held over a two -year period that ultimately produced recommendations concerning redevelopment issues for West Atlantic Avenue. These recommendations form the backbone of the West Atlantic Redevelopment Plan, which was adopted by the City in 1995. The community "visions meetings" recognized that the need to facilitate the redevelopment of West Atlantic Avenue could not stop with completion of the plan. After a series of discussions, the group established the need for oversight and a full time staff person to implement the plan. The West Atlantic Redevelopment Coalition (WARC) is a nonprofit 501 (c) (3) organization created in 1996, as a result of the vision meetings, to advise the CRA and City on redevelopment issues in the area. WARC exists to ensure that the West Atlantic Corridor is completely redeveloped and that this redevelopment is consistent with the wishes and desires of the surrounding neighborhoods. The Mission of the West Atlantic Redevelopment Coalition (WARC) is to serve as a vehicle for community redevelopment, linking the resources of the public and private sector to advocate for the improvement of the economic, social and cultural future of the businesses and neighborhoods surrounding West Atlantic Avenue. Over the last 15 years the West Atlantic Corridor has achieved successful public and private projects such as Atlantic Grove and the Municipal Library; however, redevelopment along the West Atlantic Corridor still lags behind other successful initiatives found on East Atlantic Avenue and Pineapple Grove (NE 2nd Avenue). This Community Workshop is designed to identify and address barriers to the redevelopment along the West Atlantic Corridor and how WARC can continue to be the liaison between the Community's Voice and the Organization's Plan. The forum will be facilitated by professional planners assembled by WARC with the role of helping our community develop a shared vision and action steps required for complete redevelopment in this area of need. Again, thank you for your attendance and we look forward to working with you today, tomorrow, and in the future. your 2012 (WARC Board" West Atlantic Community Survey In 2011, WARC conducted a survey in the West Atlantic Community at the request of the Delray Beach Marketing Cooperative to gather current data on the use of the plaza (now dedicated the Elizabeth "Libby" Jackson Wesley Plaza) on West Atlantic Avenue & SW 5th Avenue and to understand the most current needs of the community residents with regards to developing the West Atlantic corridor. Ninety (90) surveys were returned by residents and the data was analyzed by members of the WARC Board. The surveys were distributed to HOA presidents in the West Atlantic neighborhoods and distributed at one of the proposed West Atlantic hotel presentations last fall. After meeting with several HOA's, WARC was advised that the surveys were deemed somewhat intimidating by some of the community residents. The community leaders recommended to WARC that in addition to the survey an informal approach of knocking on doors to get feedback would help gather additional information. Members of the SW Neighborhood Alliance, and the WARC Chair knocked on approximately 300 doors in the adjacent neighborhoods. The consensus from most residents in these areas was that a Black Business District needs to be re- established. Many residents remember a time when 90% of the businesses on West Atlantic Avenue were Black owned and operated. It was shared repeatedly that a sense of Black culture, physical character, and architecture is needed to define the revitalized district. The neighbors spoke about the desire for spaces, colors, and plazas that invoke communal gatherings and conversation and reflect the history of the diversity of people who live in the area. The data from the 90 surveys reflects the following: 1. What types of activities would you like to see at the Plaza? The most resounding response to this question with 60 responses was Art and Jazz concerts, followed by Church events (47) and a market place (43). There is a great interest in music, the spiritual experience, and having an opportunity to buy fresh produce, food and ethnic items. These surveys show that Art and Jazz events should be continued. Involving the area churches could help to boost plaza use. Adding an exciting open air market with fresh produce, baked goods, ethnic clothing, jewelry, etc. would also attract more residents. Better advertising is needed for this. 2. Have you attended any of the Plaza events to date? The respondents were fairly evenly divided between attending the plaza for an event (51) and never attending (34). Those who attended mentioned the concerts (26), church events (5), Spady Museum (4), Children's talent (4) and outdoor market (4). Of the respondents who never attended, 12 wrote that they were not aware of the schedule of the events. The plaza is well suited for concerts but better advertising in the West Atlantic Community and beyond might help to attract more attendees. Perhaps a concert series planned each year could be developed. 3. List the three (3) most needed businesses (or business types) for West Atlantic Avenue? There was a tie between a Grocery store (41) and a bank (41). This was followed by a theater (38) and a restaurant (29). There were also a few requests for places for teens /children's activities (10), Shopping Plaza (7), Drug store (7), Hotel (6). Clearly, beginning the West Atlantic corridor redevelopment with a hotel, does not speak directly to the needs being expressed by the community. The community is strongly expressing the need for a reputable grocery store, a reputable bank, and an entertainment complex that might include a theater, movies, and restaurants. This information, combined with the verbal discussions with residents calling for development that encompasses the culture and history of the neighborhood with areas for communal gatherings, should serve as the cornerstones for any further development along the West Atlantic corridor. Incentives for encouraging Black owned businesses should be considered. Incentives for incorporating historical themes, Black culture and art into any development should also be considered. 3. Where do you purchase your goods or services? Most respondents named Publix (54), followed by Wal -Mart (38), Winn Dixie (17) and Walgreen's (10). Since most of the respondents are using Publix, it seems realistic to explore the possibility of building a Publix now that they are embarking on creating urban stores in other nearby communities. Based on the results of these surveys, the Libby Wesley Plaza has the potential to become a more vital activity center for the West Atlantic community. Since the plaza is already known for evening concerts, it is recommended that this program be expanded upon for next season in the Atlantic Ave. "Art and Jazz" series. Bands that play Jazz, Blues or Gospel should be featured and combined with a market place experience. Showcasing artists from the community or art from African American and /or the Caribbean Artist should also be considered. Better advertising of these kinds of events in the community needs to occur. It is strongly recommend that the DBMC work more closely with the WARC Board, Spady Museum, Prep & Sports and other non - profits in the West Atlantic community to coordinate dates and times of events so events are not in competition with each other. The Plaza planned events could also serve as fundraisers for these neighborhood organizations that are well respected in the community. By working together, everyone can benefit. Map of Target Areas West Atlantic Avenue Aerial NW / SW Neighborhood yV iii! IM It Takes a Village to Raise a Child WARC Community Workshop Notes Date 9/8/12 It Takes a Village to Raise a Child WARC Community Workshop Notes Date 9/8/12 Thank you to Our Supporters & Sponsors: West Atlantic Redevelopment Coalition L;RA D I L R A Y B�ACfl COMMUNITY REDEVELOPMENT AGENCY a ITjf1 ---t- j = ■ T-, _T ci =1 J 1 4-0 if i DELRAY BEACH bftd AII-ArrWca City I 1 993 2001 You are Important to the West Atlantic Community! MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 4, 2013 SUBJECT: AGENDA ITEM WS.2 - SPECIALIWORKSHOP MEETING OF APRIL 9, 2013 DISCUSSION REGARDING THE BEACH CABANA EQUIPMENT RENTAL CONCESSION CONTRACT ITEM BEFORE COMMISSION Discussion regarding the Beach Cabana Equipment Rental Concession contract. BACKGROUND At the April 2, 2013 Commission meeting, Commissioner Petrolia requested that the Beach Equipment Rental Concession contract be discussed at the next Commission meeting. The Contract is with Oceanside Beach Services, Inc. and was initially bid for a term of 3 years from June 15, 2009 to June 14, 2012 with one 3 year renewal period. The contract was renewed by the City Manager for the term from June 15, 2012 to June 14, 2015. The contract does contain a provision that it may be terminated by the City upon 30 days written notice. CITY OF DELRAY BEACH RFP NO. 2009-18 BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH -REBID Mayor Vice Mayor Deputy Vice Mayor Commissioner Commissioner City Manager - Nelson S. McDuffie - Gary P. Ellopulos - Mackenson Bernard - Fred B. Fetzer - Adam Frankel - David T. Harden Purchasing Department 100 N.W. 1st Avenue, Delray Beach, FL 33444 (661) 243-716117163 FAX # (561) 243 -7166 CLARIFICATION TO CONTRACT DOCUMENTS CITY OF DELRAY BEACH BEACH EQUIPNZNT RENTAL CONCESSION FOR THE PUBICLY OWNED BEACH REBID CITY OF DELRAY BEACH RFP No. 200048 March 31, 2009 TO L BEER AND 9MERS CONCERNED Contractors submil6ng proposals for the above- referenced project shall fake note of the following changes, additions, deletions clarifications, etc., to the #clans and Spedfications which in accordance wth the Contract Documents shall become a part of and have precedence aver anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of this clarification. PART 01— QUESTIONNAIRE PAGE 22 — ITEM #7 7 Attach a Balance Sind and Statemhent of Profit and Loss of the proposing firm from the preceding calendar or fiscal year, codified by erNWw an appropriate Corporate Officer, or an independent Certified Public Aceountarrt N the. Is a orhmtehr held corooration provide ago records for City rev, M at a time and place convenient to tha City, wig satish this MauW menL, This k1lormallon for a privately held corporation should not be added into your seaied bid at the time of submittal. However, this information must be available for commiltee members at the posted date and time of the meeting for bid review. "Three (3) days prior to the committee meeting, Mumation will be f mnied to the bidders with the date, time, location acrd a list of the commtlee members. At this lime, all bidders may submit their Balance Sheet and Statement of Profit and Loss to the committee membeno in sealed envelopes for review by each committee member. Please provide a sealed copy for each committee member. The envelopes will be returned to the bidder after they have been reviewed by the committee. Patsy Nadal, Purchasing Manager PLEASE ACKNOWLEDGE RECEIPT OF CLARIFICATION BY SIGNING BELOW AND FAXING BACK TO (561) 243 -7188 AS SOON AS POSSIBLE. P afield r r ' By ?fjo� Date • CITY OF DELRAY BEACH INVITATION TO BID PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243 -7161 / 7163 RFP NO. 2009-18 DATE: January 30, 2009 TITLE: INVITATION TO BID - BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH -REBID BIDS MUST BE RECEIVED ON OR BEFORE: Wednesday, March 4, 2009 a@ 2:00 P.M. at which time all bids will be publicly opened and read. Invitation to Bid PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE -BID CONFEREPCE has been scheduled for Wednesday, February 11 at 10:00 A.M. located at City Hall —1 Floor Conference Room, 100 N.W. 16t Avenue, Delray Beach, FL 33444. All interested bidders are required to attend and may ask questions. SEALED BIDS: Sealed bids /proposals will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE 11) ORIGINAL AND FIVE (5) COPIES OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and /or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informaiities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and /or to accept bids that in its Judgment will be for the best interest of the City, as further stated in Paragraph 12 of the General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS 1. SUBMISSION AND RECEIPT OF BIDS: lie A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his /her signature. 2. QUANTITIES OR USAGE: • Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or.may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. r, B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to the bidder offering firm prices subject to market price reduction and second to the bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on. the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. RFP NO. 2009-19 4. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new, The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 5. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 6. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 7. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on -site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 8. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 9. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and /or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 10. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. 8. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243 -7150. is 11. SPECIFICATIONS: RFP NO. 2009-18 A. For purposes of evaluation, bidder must indicate any variances from our specifications and /or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications, stated herein that would render the material /service from use as specified will not relieve the bidder from responsibility. 12. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and /or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non - conforming, non - responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 13. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order. 14. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LJ$T. 15. EXCEPTIONS TO CONDITIONS,1 THRU 14 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, the Bid Specifications and Special Provisions will prevail. 16. ANTI - COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). 17. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5) or more in the bidder's firm or any of its branches. RFP NO. 2009 -18 4 • 18. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 19. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. RFP NO. 2009 -18 STANDARD FORM OF AGREEMENT BETWEEN CITY AND OCEANSIDE BEACH SERVICES INC. FOR BEACH EQUIPMENT RENTAL CONCESSION RFP #2009 -18 THIS AGREEMENT made this day of �- 2009, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and OCEANSIDE BEACH SERVICES INC. (hereinafter called BIDDER)_ WITNESSETH: The CITY and the BIDDER in consideration of the mutual covenants hereinafter set forth, agree as follows: The undersigned BIDDER hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The BIDDER, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The BIDDER further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the BIDDER include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid Standard Form of Agreement Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Bid Specifications Proposal (Schedule of Pricing) Technical Proposal Questionnaire Cone of Silence Bid Signature Form Statement of No Bid References RFP Response by Oceanside Beach Services PAGE NUMBERS 1 -5 6 -10 11 12 -13 14 15 -19 20 21 22 23 24 25 26 J. -S) Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date set forth in the Bid Specifications. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to BIDDER: & Clbr_- &An x4yicc 1w - Po 1 bA IS t$ a N off( RFP NO. 20 09-1 8 6 7. The BIDDER shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the BIDDER shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the BIDDER each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the BIDDER shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the BIDDER and any persons employed or utilized by the BIDDER in the performance of this Request for Proposal. BIDDER agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. BIDDER agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the BIDDER, his subcontractors, agents, servants or employees. BIDDER further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the BIDDER to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the work be performed by the BIDDER, his subcontractor or by anyone directly or indirectly employed by either. This .indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the BIDDER the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the BIDDER acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the BIDDER and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the BIDDER and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. RFP NO. 2009-18 s 7 r IL TTEST:_ City Clerk Approved as to form: •-City Attorney WITNESS: wfg "f�te4 (Print or type name) RFP NO. 2009 -18 BIDDER: OC DE BEACH SERVICE INC. BY: (Print or type name and title) CSC C.. CoitP.c�� 4 VAL Z 0 CORPORATE ACKNOWLEDGMENT STATE OF ROLM COUNTY of PALk EWA The foregoing instrument was acknowledged before me this _day of 5omf- —,20_0 by 141QAEL-S- 901" lb &Wname of officer or agent, title of officer or agent), of De"fi sIDC &AC* SE .VICE, Wt. (state A t A&LAA CORPaRMflbJ or place of incorporation) corporation, on behalf of the corporation. &She is (personally known to me) (or has produced identification) and has used his/her ��►� ::�, E IQ�lEt1.Y * * IN COMMISIiIOtd f DD 7911984 EXPIRES: June 22, 2012 ���OF F��' Banded ThNBudpel Naley BendCM RFP NO. 2009-18 of idea ificationLes identification. Signature Name of Acknowledger Ty ed, Printed or Stamped 9 LA L 1 J STATE OF FLORIDA SS COUNTY OF ) — MW ¢+CA 1 CERTIFICATE (If Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of &MJ4 sow lar, J t a corporation under the laws of the State of 1:14 fubA held on Augfl , 20f, the following resolution was duly passed and adopted. "RESOLVED ", that Aft 6t-A. dW , as Pel 4% guT President of the corporation, he /she is hereby authorized to execute the Agreement dated �'e Af �!1 , 20_, between the City of Delray Beach; Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this _day of JUMe- 2009 (Secretary) (Seal) SEAL RFP NO. 2009-18 10 INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with Statutory limits of $100,000/$500,0001$100,000. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $1,000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and /or Operations. c) Independent Contractors. d) Products and /or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $1,000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. 3. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furhished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative' shall be crossed out as indicated on the attached "Sample of insurance Certificate ". RFP NO. 2009-1 8 11 �,. CERTIFICATE OF LIABILITY INSURANCE I �°`" ommmm w�avoua ilk lWn CH 76 OM Nor 9 ! �" �%MAWIIMV BY -Mg PO aa. &=8 AL juros � s SZWOQW IroNCY111lO�vrOS i This csrtffioate is issued as required by Contract... (identity contract). Certificate holdor Is namad'se an edditiosal insured. raeaa��oR,uenwps MMM�RMiwIbLLYlR�opq.,,.�, plY+ 14MIf6f CITY OF DELRAY BEACH a�m�nra+mwam .�o�sn.us�winwaemoososw►t CITY HALL sirow�evorw► +aras�wr+rrranwMOVParrnrrwrnwoa 100NwIIrAVEONE DELRAY BEACH. FL 83444 ACORDW(KIM/00) oaCpRoCORPO 10 tot 12 RFP NO. 2009-18 1�1 L J POi,ICY Rummk. COMMERCIAL. GENERAL, tlAt3Uff CO 20 2007 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION W& andwo meat moffm Irrstrraboe pmWed under Ow fogw tg: . .COMMERCIALGF.f BMLUMUiYCOVWW-PART' t3GltEF]II[,P Secflon S — Who Is An irmAW'fa amended to In• a dude as an addbma1 hood the pec m(s) a wW� IMPORTANT If the apr06oste holder Is an AL) MONX f 134RED, tke p*y(W) must be endmod. A stater W on fhfs oerOmb does notaonfor dgbls loth* aettftloata holderin fou ol`mxh mkwaeman". tf WM0AlT0N IS WfMW. m 00 tarots and Condttoro of the po6cr, oerw pdW" pay — mq ft an en0vament. A stsdownt oR Otts cwckO doer not aWar rWft to the owlgm fa holder In ku otsuab endarsernard(e). f7!$CUI[M�R The Oerfdk.M of fnstaanN 40 ON to OM aide Of dh Balm lose hd earftM* a oo kod lawn tba bmWg kmtser(s), aullwdmd MAMSenFatlre or praktoer: and Ike aorSWo {loftier; nor does A sftaore1Y or y &**A a ftW or attar #0 a *wW@ aftdO by the poWn Haled ffwmL (BACK) RFP 13 n DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendor who submits a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drag abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer -of any conviction of, or plea of guilty or nolo contend ere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Oc-e 15-MM :.t 131" "4 SCrVICL .Lac. Nr- Contractor's Name Signature RFP N4.2009 -18 14 CITY OF DELRAY BEACH RFP #2009 -18 BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH -REBID SPECIFICATIONS A. PURPOSE City of Delray Beach, Florida (City) is seeking bids from qualified firms, hereinafter referred The to as the Bidder, to provide a beach equipment rental concession for the City s municipal beach, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (ITB). It is the intent of the City to award a single Contract to the first ranked bidder responding to this ITB. B. TERM OF CONTRACT The contract term shall be for a period of three (3) years beginning on June 15, 2009, and expiring on June 14, 2012. Renewal period, if approved by the City, shall be for one additional three (3) year period. C. BEACH EQUIPMENT 1. At no time will more than two hundred fifty (250) beach chairs, cabanas, umbrellas, and wind breakers/ciamshells be permitted on the beach. The two hundred -fifty (250) total includes equipment for Atlantic Dunes. 2. The Bidder shall not interfere with private owner's use of their equipment on the beach. 3. The Bidder shall exercise reasonable care to• avoid damage to City Property, including dune, vegetation, and sand fence. Any facility needed for equipment storage must first be approved by the City. D. STORAGE No equipment shall be left upon the public beach after the hour of 8:00 PM on any day; provided, however, that cabanas do not have to be removed except if hurricane warnings are issued for areas which include all or a portion of the City of Delray Beach, Florida area by the Hurricane Advisory Center of the United States Weather Bureau in Miami, Florida. Thereby, the Bidder shall immediately cause all equipment, including cabanas to be removed from the public beach and stored in safe manner elsewhere; equipment shall not be returned to the beach as long as said hurricane warnings remain in effect, and until permission is granted by the Parks Director. Cabana's (shells and platforms) may remain on the beach (must be in compliance with DEP guidelines during sea turtle nesting season), all other equipment, (chairs, umbrellas, cushions, etc.) must be stored at the back of the beach by 8:00 PM on each day. E. LOCATION OF EQUPMENT Service is to be provided within the boundaries of the municipal beach (Casuarina Road north to Beach Drive and at Atlantic Dunes Park). At this time, cabanas, chairs and umbrellas are located beachside from Casuarina Road north up through Vista Del Mat Drive. The Bidder shall be subject to the direction of the Parks Director and City lifeguards with respect to the location of beach equipment and the area in which the equipment may be located. No equipment is to be placed in front of beach access pathways; egress should be a minimum of fifty (50) feet wide. Additionally, in front of each lifeguard tower, an egress of sixty (60) feet wide shall be maintained, do with no equipment within fifty (50) feet of any lifeguard tower. The Bidder may place no more than two (2) rows of equipment (cabana's, umbrellas, and chairs) at any given time on the beach. RFP NO. 2009-18 15 0 F. APPEARANCE OF PREMISES The Bidder shall be responsible to have a neat, clean and orderly operation at all times and is responsible for maintaining that condition during operating hours within an area of 100 feet of the concession site. Bidder shall rake the area and remove all debris as needed to maintain a neat and clean operation. Bidder shall cooperate with City staff, and set -up and break down of rental equipment shall not interfere with City beach maintenance operations. If a public receptacle is not readily accessible to the Concession Area, the bidder shall provide a trash receptacle of no larger than 13 gallons. The Bidder is responsible for the removal of receptacle and contents daily. The City shall have the final approval on the design, type and location of such receptacle. G. EMPLOYEE QUALIFICATIONS AND APPEARANCE During all hours of operation, Bidder shall maintain adequate on -duty personnel to comply with all terms and conditions of this Contract. A minimum of one (1) staff / concession personnel member shall be stationed at each Concession Area whom may serve as the equipment attendant. The Bidder shall employ workers to service this operation who are literate, neat, clean, well groomed and courteous. An experienced manager shall be present to oversee the daily operation of this concession and with the full authority to direct the operation and immediately take all corrective action required to correct erroneous procedures and insure complete and continuous compliance with requirements and specifications of Contract at all times while the Concession is in operation. "Hawking" to attract attention and /or summoning or accosting any person is prohibited. The playing of music, or allowing other activity that disturbs the public is prohibited. All Bidder employees shall wear a City approved identification nametag to be provided at the Bidder's sole cost and expense. Additional information will be forthcoming from the City with regard to the nametag type and style. The City anticipates that all beach concession personnel will be in a standardized uniform. The uniform will be in accordance with specifications as approved by the City. H. RATES CHARGED FOR BEACH EQUIPMENT All rental rates for beach umbrellas, chairs, cabanas and similar beach equipment shall be approved by the City Manager. Any increase in rental rates must have prior approval of the City Manager or his designee. All rentals of equipment shall include at a minimum a one half day- and full -day rental rate. The Bidder shall furnish to the City a schedule of rental charges on all equipment. The rental schedule shall be posted in a conspicuous place at the public beach, in a form and location approved by the City Manager or his designee. RFP NO. 2009-18 16 LICENSES The Bidder shall maintain a valid yearly City Occupational License. Bidder shall make application for, and obtain at its own expense all necessary permits from any governmental entity or agency requiring such. Bidder specifically agrees to obtain the necessary permits, if any, from the Division of Beaches and Shores of the Department of Environmental Protection, State of Florida. Any permits and the expense of obtaining such shall be at no cost to the City of Delray Beach. J. TERMINATION OF CONTRACT Failure of either party to comply with the provisions of the contract shall cause the contract to be voidable upon twenty (20) days written notice to the other party; provided that the City may terminate the contract upon thirty (30) days written notice with or without cause and in the sole discretion of the City. The successful Bidder agrees to remove any of its equipment used in connection with the contract upon demand of the City Manager or his/her designee. Such removal shall suspend the Bidder's obligation to pay the required monthly fee in an amount proportionate to the number of days during which the removal is required. Any removal required by the City which is in excess of twenty (20) days shall be deemed a non - compliance, and the Bidder may exercise the provisions stated in the above paragraph. K. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of an public building or public work, may no 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 267.017, for Category Two for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. L. CONCESSION FEE PAYMENTS The Bidder shall pay to the City a fixed annual concession fee quarterly in advance, based on that amount submitted in the Technical Proposal Section of this ITB and accepted-by the City. The initial quarterly payment shall be paid within seven (7) working days after notification by the City, of its award of this Contract. Payments are due seven (7) working days prior to the commencement of each quarter thereafter. All payments shall be submitted io the City Finance Department. M. BIDDER MINIMUM FEES The City intends to award a single Contract for the rental of beach equipment. Minimum acceptable annual concession fee: Year 1 $ 120,000.00 Year 2 $ 120,000.00 Year 3 $120,000.00 The above is the minimum acceptable fee. For every increment of $5,000 over the three (3) year aggregate of $360,000 guaranteed minimum, one point will be awarded to the bidder up to a maximum of 30 points. RFP NO. 2009-18 17 • N. ADDITIONAL AMENITIES The Bidder agrees to provide additional amenities to the City as provided in the proposal section of this RFP and as approved by the City. Additional amenities are agreements with hotels for amenity charge plans, amenities directly related to and used in conjunction with the beach equipment, towel rentals, and the ability to receive credit cards as payment where each attendant has the ability to give the customer a receipt that does not require the attendant or another Bidder employee to leave the beach. Additional amenities shall not include the sale or dispensing of food, beverages, sun blocks, suntan products, clothing, other retail items, rental or sale of watercraft, floats, snorkeling gear or any other items that may be used in the water or for recreation on the beach or any activity that would limit public use of the beach. The additional amenities must comply with all City rules, policies, ordinances and Comprehensive Plan. The City reserves the right, in its sole discretion, to require the Bidder to discontinue any or all of the additional amenities at any time during the agreement period, upon receiving 30 days written notice from the City. All proposed additional amenities are subject to approval by the City and the City may or may not accept the additional amenities, in its sole discretion. A proposed additional amenities plan shall be provided in the technical proposal section of this ITB. O. SPECIAL EVENTS The City will hold sponsored and cosponsored events and activities on the beach from time to time. In such cases, the City may request that the Bidder cease and desist operations during the term of, and in the area of the special event and /or production, and the Bidder shall cease and desist during said term. If the Bidder is not required to close, or chooses to remain open without interference to the special event and /or production, Bidder agrees to'cooperate with the City. During such events, the Bidder may be allowed to continue operations or be assigned a temporary location elsewhere within close proximity of the original assigned site. During the event, the Bidder has the option of operating his /her equipment from the temporary site or stopping operations until the event is over. The City reserves the right to allow other rental of concessions to operate upon the original assigned site or in close proximity to that site during special events as may be approved. by the City. P. MISCELLANEOUS The City grants exclusive right to the Bidder for the services requested in this Invitation to Bid. The successful Bidder may not subcontract, transfer or assign any portion of the contract except with the express written approval of the City. The terms "Invitation to Bid" (ITB) and "Request for Proposal" RFP are used interchangeably and both refer to RFP No. 2009 -18. RFP NO. 2009-18 18 CONSIDERATION FOR AWARD /AWARD PROCEDURES The award of the Contract will be based on certain objective and subjective considerations listed below: Understanding of the overall needs of the City as presented in the proposed plan, including, but not limited to, equipment, management and staffing, implementation schedule, operational plan, rental rates, proposed equipment, storage plan, marketing plan, hurricane plan, etc. Maximum Points Available: 20 points 2. Experience, qualifications, and references of the proposing firm. Maximum Points Available: 15 points 3. Proposing Firm company financial Information. Maximum Points Available: 10 points 4. Proposed plan for management, staffing and operation of concession uhder this Contract. Maximum Points Available: 10 points 5. Additional Amenities Plan. Maximum Points Available: 15 points 6. Total three (3) year revenue above guaranteed minimum concession fees proposed. Maximum Points Available: 30 points The evaluation of bids will be conducted by a committee of qualified City staff, or other persons selected by the City. The committee will evaluate all responsive bids based upon the information and references contained within the bids as submitted and score and rank all responsive bids. The first ranked bidder resulting from this process will be recommended to the City Commission for award. Information and references submitted will be considered in the award. The City may require visits to customer installations or demonstrations of product by Bidders as part of the evaluation process. The City may require additional information and Bidders agree to furnish such information. The City reserves the right to award the Contract to that Bidder who will best serve the interest of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all bids. The City also reserves the right to waive minor irregularities or variations to the specifications and in the bidding process. RFP NO. 2009-18 19 RFP NO. 2009-18 BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH -REBID SCHEDULE OF PRICING PART I: PROPOSAL Year One: Annual concession fee: $ /70 000 • (minimum acceptable $120,000) Year Two: Annual concession fete: ' $ 170 � 000 • � (minimum acceptable $120,000) Year Three: Annual concession fee: $ 0,C9 O d 0 (minimum acceptable $120,000) Total three (3) year annual concession fee: $ 1 D� p o o d NOTE: APPLICABLE FLORIDA STATE SALES TAXES SHALL BE ADDED TO THE ABOVE LISTED ANNUAL CONCESSION FEE. RFP NO. 2009-18 20 n PART II - TECHNICAL PROPOSAL The following issues should be fully responded to in your proposal in concise narrative form. Additional sheets should be used, but they should reference each issue and be presented in the same order. Understanding of the City's needs for the concession and your overall approach to those needs. II. Your proposed operational plan, including: Storage plan including on -site and off -site storage and any vehicle usage Hurricane preparedness /evacuation plan Management and staffing plan Beach maintenance plan of Concession Area(s) Method proposed to anchor umbrellas, and windbreaker /clamshells Additional amenities plan Any other information you feel will assist the City in evaluating your bid Ill. Provide in your proposal the type of equipment that you plan to provide for rental including specifications. Photos or brochures of the equipment will be helpful in evaluation. IV, List your proposed rental rates for each contract year. Describe equipment and list proposed rates for an hour, more than an hour, half day, full day and any other rental arrangements. RFP NO. 2009-18 21 0 PART 111 -- QUESTIONNAIRE How many calendar days from award of Contract would you need prior to initiating operations? 2. Number of years experience the bidder has had in providing similar services? 3. List those persons who will have a management or senior position working with the City if you are awarded the Contract. List name, title or position and duties. A resume or summary of experience and qualifications must accompany your proposal. 4. List all contracts currently held for providing similar services. Provide agency name, address, telephone number, contact person and date contract expires. If services provided differs from the one presented in your proposal, please delineate such differences. 5. List clients for whom you have provided similar services in the last three years. Provide agency name, address, telephone number, contact person, and date service was provided. If services provided differs from the one presented in your bid, please delineate such differences. 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest. a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the Contract. b. List all judgments from lawsuits in the last 6 years which are concerned directly with the staff or part of your organization proposed for the Contract. Attach a Balance Sheet and Statement of Profit and Loss of the proposing firm from the preceding calendar or fiscal year, certified by either an appropriate Corporate Officer, or an Independent Certified Public Accountant. If the bidder- Is a privately held corporation, provide such records, for City review, at a time and place convenient to the City, will satisfy this requirement. The bidder understands that the information contained in these Bid Documents is to be relied upon by the City in awarding the proposed Contract, and such information is warranted by the bidder to be true. The bidder agrees to furnish such additional information, prior to acceptance of any bid, relating to the qualifications of the bidder, as may be required by the City. RFP #2009 -18 22 1�1 L] RFP NO. 2009-18 BEACH EQUIPMENT RENTAL CONCESSION RFOR THE PUBLICLY OWNED BEACH - REBID CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence ". The "Cone of Silence" is in effect from the date/time that the bid is placed on "Demandstar' by the City. The "Cone of Silence" will terminate upon the bid opening. However. RFP #2009 -18 23 DELRAY BEACH f A. 0 A 0 • • kagftd A114hooket RFP SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED 201 (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) RFP #:200 9-18 Opening Defer Wednesday, March 04 2008 BID TITLE: Beach Equipment Rental for the Publicly Owned Beach -Rebid COMPANYMAME: Ocee..►JS ►`Ac 13c k Seev-.'q LW .DATE: 3 i?s - log NAME/TITLE: IVA i c. kvp j 3. Aloya.+cw -*? R a- s % PC &,)i ADDRESS: 169X #301V CITY N ` pa-14~ &C" STATE )=/. ZJP CODE 33 yd's FEDERAL TAX I.D. #. 6S d 'W9 y S. 6 j TELEPHONE: ( SG ( ) $-moo • 33 7 3 FACSIMILE: ( 5yo 1 ) aT2. - 016 2. EMAIL ADDRESS: &A ; I4C @ be o.c.A.s g ry ? C-C . e 0#-V% 'SIGMA VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: S. 11ro�►��o, TELEPHONE: C_ Sr* l ) -542,- ?W61 EMAILADDRESS: /3q 1icy, �3C�•+c,�Sp,!'Vic.�. Cr RFP #2009 -18 24 • DELRAY BEACH I l O " 1 O A bAild STATEMENT OF NO -BID ail- Arnedcacity 1 1 1993 2001 RFP #2009 -18 Beth Equipment Rental Concession for the Publicly Owned Beach - Rebid \ If you are not bidding on is service /commodity, please complete and return this form to: City of Delray Beach Purch Ing Office, 100 NW 1st Avenue, Delray Beach, FL 33444 or fax to (661) 243 -7166. Failure to respond may result in etion of vendor's name from the qualified bidder's list for the City of Delray Beach. COMPANY NAME: ADDRESS: CITY: STAT$; TELEPHONE: (_ ) SIGNATURE: DATE: Minority Owned Business: ( ) Black ( ) Hispanic ( ) Woman ( ) Other ZIP: We, the undersigned have declined to bid on your RFP # 2009 -18 For Beach Equipment Rental Concession for the Publicly Owned Beach -Rebid Specifications too "tight ", i.e. Our product sched would not permit geared toward brand or manufacturer us to perform only (explain below) Unable to meet specificati s Insufficient time to respond to the Invitation to Bid Unable to meet bond require nts We do not offer this product or an equivalent REMARKS: RFP #2009 -I8 25 Specifications unclear (explain Other (specify below) REFERENCES - RFP #2009 -18 0 COMPANY NAME: /' t tx r r i d t f i dt e v"" ?a/40vote ADDRESS: 71 0fic,j,, Ave CITY: Pa.1 ••. 191rAZA - SAoreJ STATE: .73 C/o CONTACT PERSON: �/Lt/`.i /�eorG �Csew/[s'w l /�A•va4 cri PHONE NUMBER: —Lai) WA-3000 0000. .0000 9.40.00 ea. 400000 0......0.N.iNi.......N 0........0....0000... i ..............N.N. ...000..."..................... ». COMPANY ADDRESS: CITY: R i y e ro. STATE: T / CONTACT PERSON: 1�✓�.��,sa...� Cea% `Lie•.�.� 5.�,�u» ✓�`son.1 PHONE NUMBER: - tx G f) - 317 9 - 9 !! S 00.........00 00...00 1...N...........NN i0..N......N NN N...NN... N...N.00.N. »0.....N N0.N 00.....000.100.0.0.00..0.0 COMPANY NAME: tic. �ks cl e- Ca ADDRESS: 11 c�r I ixa. CITY: �40r1 (GNda.le 3 edN2&& STATE: P 1. ZIP: 33009 CONTACT PERSON: .4 yMw Dederer PHONE NUMBER: COMPANY NAME: B e a.t,k VOJC4A ADDRESS: 300 N. a c&C A AL CITY. 7 GH i i& , r3cAe 4 STATE: ZIP: 33 OQ CONTACT PERSON: Sy+cac �c�,'fz PHONE NUMBER 9 919. V yy? . NN....00... 00.... N..«.... ........N...N....N..1.......... *ego sees* .N.. i...... N..... 1.. N .............................. 0 RAP #2009 -18 26 1 LJ E 1711!! • UNDERSTANDING THE CITY'S NEED FOR THE BEACH CONCESSION When Oceanside Beach Service took over the public beach concession In 2002, the revenue to the city was $30,000 per year. Over the next 6 years OBS increased the revenue to the City of Delray Beach over 50% to $47,000 per year. During that time OBS introduced cabanas and using it's over 25 years (now 30) of Beach Service experience brought Delray Beach to one of the best, interna- tionally recognized, municipal beaches in the world. We keep an ever increasing inventory of top quality, fully maintained, beach furniture to assure that the municipal beach is presented to our guests in a consistent, clean condition. OBS has a growing list of over 200 positive reference letters from both Delray residents, and visitors from all over the world attesting to these facts. The city of Delray continues to be among the best beach resort communities in southern Florida and based on our guests responses, the world. We our proud to have been a part of Delray Beach's success, and feel that, going forward, a continuing of our relationship will produce even more success.The cur- rent bids approach an annual revenue of $150,000. That is a increase of over 500%1 We at OBS feel proud that we have been an integral part of that explosive growth. Oceanside Beach Service realizes that in these troubled economic times the competition for tourist business will become more and more competitive. OBS has shown it's value as Delray's beach con- cessionaire by increasing the value of the beach experience on the public beach. The businesses thrive along the public beach area and spending junta few minutes observing the beach guests flowing in and out of the beach entrances attest to the fact that OBS's success is Delray's success. Our seasoned beach staff have all the local Delray business's on the tip of their tongue to refer the inquiring public. Please make sure you read the included reference book to realize the true value that OBS has been providing the City of Delray. Oceanside Beach Service can offer Delray Beach many amenities, from bonfires to beach yoga, to further enhance the value of living in, and visiting Delray Beach. Please read our offering in this proposal and understand that, going forward, OBS will offer the same valuable beach service expe- rience that the guests of Delray Beach have become accustomed to, while joining in a partnership with Delray Beach to grow the Delray Beach experience into something your residents and guests will enjoy for many years to come. ^ ... ®I 2 °� • Storage plan Cushions are stacked at the back of the beach covered with a waterproof mat cover and fastened with ropes ties. Strap lounges are stacked along the back of the beach and are secured with a locked cableing sys- tem. Foldout chairs with footrests and umbrellas are stored in beach boxes located along the back of the beach. Lounges and cabana hoods are left in their original setup locations. While managing the beach for the last six years with increasing inventory every year OBS has expe- rience minimal loss and damage using our current storage methods. Nj y i1 Management And Staffing 33 G 0 0 Michael James Novatka L� "w,,,•��,,,,.,.,;t +:,..:«.:�.:,.,,....�' -,... -mot- ��•....� F� ..",..,1`- 05 de4a BEACH TIDES HIGH LOW a VICE Todd Meacham FLAGS O.0D SWIMMING CA, UTION El N . ,SWIMMING M :.MAN -O =WAR. 3-) 4 Jason Sanchez South End Beach Manager Delray Beach OCEANSIDE BEACH SERVICE Jason has been with Oceanside since 1998, and has been the south end Beach Manager for the last six years. A ten year resident of Delray Beach he keeps his end of the beach running smoothly, as evidenced by the many positive comments from both Delray Beach residents, and beach guests from all over the world. Jason is another example of the top notch, experi- enced Oceanside Beach Service employees. Beach Maintenance Plan Of Concession Area Method Proposed to Anchor Umbrellas and Cabanas Rental Rates \kk L-.j L�l Summer Setup ........... Winter Setup `{3 ; _ L Amenities Oceanside Beach Service has room charge amenity packages with many hotels and resorts in southern Florida. We have charge slips and processes specifically tailored to accommodate the Del- ray Beach hotels and resorts guests. OBS places flyers with hours of operation and pricing with the concierge or the front desk. OBS provides a voucher (facing page) so guests can charge OBS ame- nities to their room. OBS verifies the guest info by confirming a photo id and contacts the hotel for room number verification. OBS submits the vouchers daily to the participating hotels. OBS guaran- tees the hours of operation on our flyers, and notifies the participating hotel of any interruptions in the OBS service as soon as possible. OBS also secures any hotel property left behind by the guests until it can be retrieved by hotel staff. OBS has pending agreements with The Delray Beach Marriott and we are in negotiations with several other properties in Delray Beach. Oceanside Beach Service's has a Beaches and Dreams activity /marketing program that is run by Roz Rovener, a n activities director for over 17 years. She organizes all types of events for corporate groups, holiday events, and activities for adults, teens and children. She does beach events and childrens birthday parties. All programs are safe, unique and fun and she believes in making unfor- gettable memories. Kids Games And Arts And Crafts I-ts- r� • Specifications Sand Arm Chair With Foot Rest • Manufacturing Company Anywhere Chair Inc. • Construction Solid Oak Wood Frame With Brass Hardware • Size 41 "x 24" • Weight 16 Lbs • Fabric Sunbrella • Size 41 "x 24" Double Wooden Lounge • Manufacturing Company • Construction • Size Oceanside Beach Service Pressure Treated Pine With Galvanized Hardware 13" H x 56 "W x 72" L Vi n Double Wooden Lounge With Table Two Cushlons,Cabana Hood. Double Wooden Lounge With Table Two Cushions, Umbrella • Rental Rates Public Rental Rates Oceanside Beach Service Price List Delray Beach LoungeChair .... .. ............... » ........................... .»._....... $3 Hour $10 Day Umbrella.....................................»..... .............................$S Hour $15 Day Setups.......................».................»..» ... »........... »............$10 Hour $30 Day "Setup includes: 2 lounges & Umbrella or Cabana Seasonal Membership . .................. _.. ....... »._..». ...... $300 Yearly Membership ................... _..... ................... » ..... $400 Multi -day Rate Available upon request r The above rates will be offered for each of the three years of the contract. 53 1. Zero. Currently on the beach 2. 30 Years 3. Questionnaire Michael James Novatka Michael Novatka has been in the beach service industry since 1979. Since that that time he has operated beaches on the east and west coasts of Florida, in the Hamptons, out on the eastern end of Long Island where he grew up, and he is currently running mutiple beach service operations in Martin, Palm Beach and Broward counties. His over thirty years in the beach service industry has al- lowed him to provide the finest beach service on private resort beaches, as well as public beaches. Michael is a hands on, feet in the sand, owner operator. He stays in touch with his employees, as well as visiting the guests on the beach to make sure that his high standards of beach service is maintained. Michael recognized the potential of the Delray public beach, and bid on a contract that was abanoned by the previous vendor. His bid was over 50 percent higher than the prevailing rate because he was confident that his expertise and work ethic would prove successful. Since that time the beach service at Delray, under Michaels management, has become a world class beach service operation, as attested to in his many letters of recommendation. Michael Novatka continues to own and manage the best beach service operation in southern Florida, and looks forward to a long parntership with the City of Delray Beach. Todd Meacham Todd Meacham began working the beaches in 1992, and over the last 17 years has become an expert in all aspects of the beach operation and maitainence areas. Todd is second in command at Oceanside Beach Service and oversees all the maintainence and repairs of the beach furniture equipment. He also monitirs the daily operations, and is available to handle any situations that may arise on a 7X24 basis. Todd Meacham is a reliable, talented assett, and stands as an example of the finest in the beach service industry. William (Willie) Morales Willie has been working on the beach since 1994, when he was an apprentice with Oceanside at the Hamptons in Long Island. He has remained a consistant, reliable employee and is the North End Beach Manager at Delray Beach. Please pay particular attention to the letters of recommendations where you will find high praise in the comments from the Delray beach guests. Willie maintains the highest stands of beach service and is a valuable assett to Oceanside as well as an ambassador for Delray Beach. Jason Sanchez Jason has been with Oceanside since 1998, and has been the south end Beach Manager for the last six years. A ten year resident of Delray Beach he keeps his end of the beach running smoothly, as evidenced by the many positive comments from both Delray Beach residents, and beach guests from all over the world. Jason is another example of the top notch, experienced Oceanside Beach Service employees. 5S 5. None 6. None 7. Financials4%WsdW �.J J? cITM of UELRRY BEREN DELRAY BEACH 2001 Oceanside Beach Service Michael J. Novatka, President P.O. Box 103018 North Palm Beach, Florida 33408 REF: RFP #2009 -18 Beach Equipment Rental for the Publicly Owned Beach -Rebid Final (3) Year Renewal Approval Dear Mr. Novatka; On April 09, 2012 the City Manager approved the three (3) year renewal for the above referenced annual contract. Term of the Contract shall be from June 15, 2012 through June 14, 2015. Services shall be rendered as stated in your original Contract for the term of the Contract. Please forward to my attention any updated certificate of insurance, naming the City of Delray Beach as additional insured at the stated limits specified in the original bid package. The City of Delray Beach would like to thank you for your services. If you have any questions in regard to this matter, please call me at (561) 243 -7161 or email nada16&tnvdelravbesch.com. *Corrected renewal Letter flats Sincerely, a sy N P hasin ltllan r Cc: David Boyd, Finance Director Linda Karch, Director of Parks and Recreation Tim Simmons, Parks Superintendent Carol Pierpont, Executive Administrate Assistant Cheryl Hoaglung, Finance Account Specialist 7ffswo MY oFoWM W PURCHASING DIVISION TO: David Harden, City Manager FROM: Patsy Nadal, Purchasing Manageril�o THROUGH: David Boyd, Acting Finance Director SUBJECT: Contract Renewal Period (Three (3) Year Renewal Option) Bid #2009 -18 Beach Equipment Rental for the Publicly Owned Beach DATE: April 05, 2012 Vendor(s): Oceanside Beach Service Expiration Date: June 14, 2012 The annual contract for the above referenced Bid expires on June 14, 2012. Per page 15, Section B "Term of Contract" of the Specifications of this bid package, "Renewal period, if approved by the City, shall be for one additional three (3) year period". "The City Manager may renew the contract at the same terms, conditions, and prices for one (1) consecutive term of three (3) years subject to vendor acceptance, satisfactory performance, and determination the renewal will be in the best interest of the City." Per attached renewal letter, the vendor has agreed to the three (3) year renewal and Parks and Recreations approve the three (3) year renewal. Recommendation: Purchasing Staff recommends the renewal of one (1) consecutive term of three (3) years with Oceanside Beach Service for rental of cabanas and beach equipment for the Public Owned Beach. If you approve, please sign below and return to Purchasing. Recommendation Approved: � fez City Manager Date Attachments cc: Linda Karch, Director of Parks and Recreation Tim Simmons, Parks Superintendent Carol Pierpont, Executive Assistant CITY OF 9 RRRV DELRAY BEACH All- America City 1 1993 2001 Oceanside Beach Service Michael J. Novatka, President P.O. Box 103018 North Palm Beach, Florida 33408 ,.: ,'. �.. �... ::v'_'... + liri. �(.',: . ,7 r: <. .'h+�ii�''r�: .. ��!-.. • ;jle:�'Fsai;}•r_. ..r March 21, 2012 REF: RFP #2009 -18 Beach Equipment Rental for the Publicly Owned Beach -Rebid Final (3) Year Renewal Option Dear Mr. Novatka; The annual contract for the above referenced Bid expires on June 14, 2012. Per page #15, Section B "Term Of Contract' of the Specifications of this bid package, "Renewal period, if approved by the City, shall be for one additional three #3) year period. Please advise if this extension of your contract at prices quoted in RFP #2009 -18 package dated January 30, 2009 would be acceptable. Respond by signing below and returning a copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444, or by email nadalArnydelraybeach.com Sincerely, 2ayAN&a0q'i)P ur chasin Mana er g g RI hereby agree to the three (3) year extension of the subject RFP ❑ I am unable to provide a three (3) year extension of the subject RFP f 2g��� z 6-f-5L,44. — Signature Date il,�d 7 /V�oy� hitcTs.� Name (print) cc: David Boyd, Finance Director Linda Karch, Director of Parks and Recreation Carol Pierpont, Executive Assistant Nadal, Pats From: Simmons, Tim Sent: Thursday, March 22, 2012 10:08 AM To: Nadal, Patsy FW: Cabana Subject: service info;1 Categories: Red Category Please renew current contract for Oceanside Beach Service, From: Foster, Jane Sent: Thursday, March 22, 2012 8:55 AM To: Simmons, Tim Subject: Cabana service info Oceanside Beach Service 1165 Blue Heron Blvd. Singer Island 33404 561 -840 -3373 Mike Novatka -owner 561 - 568 -7861 (cell) Ja41 ei F&S& r Administrative Assistant Ocean Rescue Division City of Delray Beach i d MEMORANDUM TO: Mayor and City Commissioners FROM: Vincent Nolan, CEcD, Economic Development Director THROUGH: Louie Chapman, Jr., City Manager DATE: April 5, 2013 SUBJECT: AGENDA ITEM WS.3 - SPECIALIWORKSHOP MEETING OF APRIL 9, 2013 ECONOMIC DEVELOPMENT DISCUSSION ITEM BEFORE COMMISSION Discussion of the Economic Development Process and Related Activities BACKGROUND Economic Development has been given a high priority by the City Commission over recent years. With the 2012 adoption of the Delray Beach Economic Development Incentive Fund, the specific programs associated with it and the more recent voter approval of the tax exemption initiative, the City is receiving more and more business inquiries and is being presented with improved development opportunities. The City is also experiencing challenges with existing processes and procedures as the economy continues to improve and business owners attempt to take advantage of that to grow their businesses. With the swearing -in of the new City Commission, staff would like to engage the Commission in an open discussion of suggested processes for responding to the needs of the business community and economic development projects in general. Economic development opportunities can be very fragile and can disappear as quickly as they arrive. Correspondingly, existing businesses that face challenges in conducting business in the City may not be fully aware of available resources, and may pursue unproductive or even confrontational avenues to resolve those challenges. Staff would like to discuss some constructive alternatives for handling these various scenarios going forward, to improve the City's overall responsiveness to business and to better achieve our overall economic development goals. RECOMMENDATION Recommend that City Commission provide direction that may be deemed appropriate to the Economic Development Director and other City staff. MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer /PIO THROUGH: Louie Chapman, Jr., City Manager DATE: April 5, 2013 SUBJECT: AGENDA ITEM WS.4 - SPECIALIWORKSHOP MEETING OF APRIL 9, 2013 FEDERAL LEGISLATIVE & EXECUTIVE LOBBYING SERVICES & KEY FEDERAL LEGISLATIVE PRIORITIES ITEM BEFORE COMMISSION Provide direction on the City's Federal Lobbying Services Request for Proposals (RFP) as well as the City's key Federal Legislative Priorities BACKGROUND As a follow -up to the Commission's discussion on April 2nd regarding policy direction on the recent Federal Legislative Lobbying Request for Proposals (RFP), staff has contacted four (4) local governments that have secured similar services - City of Fort Lauderdale, City of Tallahassee, Broward County and Orange County - to determine the number of respondents to their solicitations. Please note that due to the state legislative session, many of the contacts from the local governments that were compared were unavailable to provide the requisite information until late in the week. As a result, staff is working to complete a comparison chart to ensure that the Commission has the necessary information to provide direction on this issue. This chart is expected to be available and distributed prior to the Commission's Workshop meeting. In addition, the Commission is requested to provide direction on the City's key Federal Legislative Priorities. A list of potential priorities is included with the City's RFP (See attached - page 38). In addition, within the RFP document, four (4) key areas were outlined to ensure that the selected Contractor possessed a substantial working knowledge and experience in these areas. The areas included: International Trade, Commerce, and Tourism Issues — a) extensive knowledge and experience to assist City of Delray Beach's efforts to promote its international trade, commerce, and tourism issues; b) working knowledge of existing and proposed fees or tariffs on the industry; c) working knowledge of, or involvement with, the International Trade Administration's activities, legislative policies, or recommendations; d) established relationships with the Office of the U.S. Trade Representative and other key senior officials in related Executive Branch agencies, including the Department of Homeland Security, U.S. Customs and Border Protection, TSA, Department of Agriculture, and other federal agencies responsible for trade and tourism programs. Public Transportation /Transit Issues — a) transit policy issues and funding; b) working knowledge of policy issues and funding for light rail /street car transit systems, and related transit infrastructure improvements; c) involvement with Federal Transit Administration's legislative policies and recommendations; d) established relationships with key officials and staff at the U.S. DOT and FTA. Energy, Environment, and Natural Resources — a) energy, environment, and natural resources issues for large urban counties, including a working knowledge of City of Delray Beach's existing programs and initiatives; b) substantial knowledge and experience with beach nourishment/shore protection funding and policy issues; c) knowledge of comparable local governments' sustainability, renewable energy, climate protection, and green activities, initiatives and legislative actions; d) established relationships with key members of Congress in leadership positions, senior staff and key Administration officials including, but not limited to, the U.S. Departments of Energy, Agriculture, Commerce, Transportation, Housing and Urban Development, Environmental Protection Agency and the U.S. Army Corps of Engineers. Health and Human Services — a) substantial knowledge and experience with health care and human services related programs and policy, including the Patient Protection and Affordable Care Act and implementation, HIPPA, mental health and substance abuse, Community Services Development Block Grant, Supplemental Nutritional Assistance Program, and the Americans with Disabilities Amendments Act; b) established relationships with key members of Congress in leadership positions, particularly the Chairman and Ranking Members of committees with oversight over health and human services issues, senior staff of such committees, and key officials in the Administration, the U.S. Department of Health and Human Services and its operational divisions such as ACF, CMS, CDC, HRSA and SAMSHA, and the U.S. Department of Agriculture. RECOMMENDATION Provide direction on the City's Federal Lobbying Services Request for Proposals (RFP) as well as the City's key Federal Legislative Priorities. Page 1 of 2 Xj Or Ja MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer /PIO THROUGH: Douglas E. Smith, Interim City Manager DATE: March 29, 2013 SUBJECT: AGENDA ITEM 10.C. - MEETING OF APRIL 2, 2013 FEDERAL LEGISLATIVE & EXECUTIVE LOBBYING SERVICES ITEM BEFORE COMMISSION Request direction on the City moving forward to select a firm to provide Federal Legislative & Executive Lobbying Services. BACKGROUND Recently, City staff completed the process of preparing and requesting proposals to provide the City with Federal Legislative & Executive Lobbying Services. This process included the development of a Request for Proposals (RFP) and an advertisement in the local news media (March 7, 2013). As a result, the City received four (4) responses. The RFP specifications included the following evaluation criteria: Provide qualifications to provide federal and executive lobbying services Provide references from similar communities and issues Provide a list of federal lobbying clients Provide the approach that would utilized to represent the City before Congress, the Administration and federal agencies, in particular, to secure funding for beach renourishment and housing and community development issues Provide examples of successful legislative lobbying efforts Provide information on how the firm communicates and updates their clients Provide information on how the firm proceeds with securing federal funding for their clients, http:// itwebapp/ NovusAgenda /Preview.aspx ?ItemID= 6653 &MeetingID =444 4/5/2013 Page 2 of 2 including Congressional appropriations, federal grants, incentives, etc. and avoiding federal unfunded mandates that may impact the City Please Note - The proposed term that was included with the RFP specifications was for one (1) year with up to three (3) one year renewals upon consent by both parties Prior to proceeding forward, staff is requesting direction from the City Commission on whether to move ahead with this selection process. If the Commission determines it is necessary to proceed, the following steps will be taken immediately: Select a Staff Review Committee — 5 members Establish the Committee's selection evaluation criteria (utilize the criteria included in the RFP) Establish and post the Committee's meeting location, time and date (must post for 5 calendar days prior to meeting) Notify the Inspector General's Office of the proposed meeting location, time and date Provide a recommendation to the City Commission City Commission makes final selection Negotiate agreement with selected firm It should also be noted that the current FY 2012 -2013 budget does not provided funding for these services. If approved, staff will include the requisite funding within the upcoming mid -year budget adjustments, which will be presented to the City Commission for approval at a later date. RECOMMENDATION Request direction on whether the City should move forward to select a firm to provide Federal Legislative & Executive Lobbying Services. http:// itwebapp/ NovusAgenda /Preview.aspx ?ItemID= 6653 &MeetingID =444 4/5/2013 k E 0 — o / § �§ o L LU 0 0 E v �§ 2 a § 2 2 a ® E v 0 2 o 2 0 6 -W � CL 04 W k © LO O 2 9 � > I c 0 2; w g § 0 U- 0 0 2 0 O N O �m �� �> t 0 ■ _ � ■ E � © 2 z ■ z ° ■ co % 0 2 § U ■ F- ° Q c © % E E c _ � 04 > 2 P.: 0 Z_ 2 k O Z ;a m w Co co 2 Lii 2 k k k V C/) q > _ q q w 2 �� q °� �0 o k L o V; 0 2 w 2 •- A2 o U) o> c° 0 CD 0 2 CD 0 0�� ©2 �c 2� 02 ■ 1k 04 k�k �k w 0 D w L U 0 0 o 0 t Q q q q E R J c ƒ \ 2 0 / O C/) � C 0 0 % cn �_ k k 2 ■ § 0 ® > a. U- 0 7 O k o m U) a LL u \ m Q > ADVERTISEMENT CITY OF DELRAY BEACH PROFESSIONAL FEDERAL LOBBYING SERVICES RFP No. 2013 -34 PURPOSE: The purpose and intent of this "RFP" is to obtain qualifications and enter into a contract with a qualified lobbying firm interested in serving as a Federal lobbyist for the City of Delray Beach for a period of one (1) year, with up to three (3) one year renewals upon consent by both parties. The City reserves the right to expand this service at a later date. Sealed Proposals in duplicate, one (1) unbound original and three (3) copies) will be received by the undersigned at the office of the Purchasing Officer, City Hall, 100 NW 1st Avenue, Delray Beach, Florida, 33444, until 1:00 PM on March 27, 2013 at which time they will be publicly opened and read aloud. Copies of the specifications may be downloaded from www.DemandStar.com, phone (800) 711 -1712, or may be obtained in hard copy from the Purchasing Office, City Hall, 100 N.W. 1St Avenue, Delray Beach, Florida, 33344 or requested via email nadal _mydelraybeach.com Any bid received after time and date specified will not be considered. One contract will be awarded for all work outlined above and described in the Request for Proposal. The City of Delray Beach, Florida reserves the right to reject any and all bids, to waive informalities, to re- advertise and to award the Contract in its best interest. Advertisement Date City of Delray Beach, Florida Thursday, March 7, 2013 By: Patsy Nadal, Purchasing Manager Palm Beach Post AFB -1 CITY OF DELRAY BEACH 100 NW 0 AVENUE, DELRAY BEACH, FL 33444 RFP No. 2013 -34 PROFESSIONAL FEDERAL LOBBYING SERVICES MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER INTERIM CITY MANAGER - THOMAS F. CARNEY, JR. -ADAM FRANKEL - ANGELETA GRAY - AL]ACQUET - CHRISTINA MORRISON - DOUGLAS E. SMITH Purchasing Division +Finance Department ♦(561) 243 - 7161/7163 ♦Fax (561) 243 -7166 CITY OF DELRAY BEACH INVITATION TO BID RFP No. 2013- 34 AGREEMENT FOR PROFESSIONAL FEDERAL LOBBYING SERVICES Table of Contents Invitation to Bid 2 General Conditions, Instructions and Information 3-6 Indemnity /Hold Harmless Agreement 7 Cone Of Silence 8 Insurance Requirements 9 Insurance Form Samples 10 Standard Form of Agreement 11 -15 Corporate Acknowledgment 16 Certificate (If Corporation) 17 Schedule of Pricing 18 Drug Free Workplace Certification 19 References 20 Bid Signature Form 21 Statement of No Bid 22 Evaluation Criteria 23 -30 Attachments 31 -35 Exhibits 36 -39 Page 11 CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243 - 716117163 Fax: (561) 243 -7166 RFP No: 2013 -34 DATE: March 7, 2013 TITLE: PROFESSIONAL FEDERAL LOBBYING SERVICES BIDS MUST BE RECEIVED ON OR BEFORE: WEDNESDAY, MARCH 27, 2013 @ 1_:00 P.M. at which time all bids will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: The purpose and intent of this "RFP" is to obtain qualifications and enter into a contract with a professional federal lobbying firm for the purpose of providing federal lobbying services for the City. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed, or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER TITLE AND DATE OF BID OPENING OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) UNBOUND ORIGINAL AND FIVE (5) COPIES OF REQUIRED BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. Copies of the specifications may be downloaded from wv�- ';.1)es, €410Ar,%,om, phone (800) 711 -1712, or may be obtained in hard copy from the Purchasing Office, City Hall, 100 N.W. 1s' Avenue, Delray Beach, Florida, 33344. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 10 of General Conditions. The Proposer understands that this RFP does not constitute an offer or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff; approved by the City Commission and executed by the parties. All servicelwork performed shall be in accordance with the terms of this RFP pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1'5' Avenue Delray Beach, Florida, 33444. Call Purchasing at 561 -243 -7161 or email; nadal m delra beach.com for information. THE City of Delray Beach reserves the right to add, delete or drop -out of any services from this RFP or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any additional services to be performed to be added to the contract. The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re- advertise and to award the Contract in its best interest. Page 12 GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION DEFINITIONS: For the purpose of this Request for Proposal (RFP): "Proposer" shall mean contractors, consultants, agencies, organizations, firms, or other persons' submitting a response to the RFP. Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to RFP. Proposer should prepare their proposal simply and economically providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. INQUIRIES: Interested Proposer may contact the City's Purchasing Manager regarding questions about the proposal at 100 NW 1s' Avenue, Delray Beach, Florida 33444 at (561) 243 -7161. Please submit written requests for clarification or questions concerning the meaning or interpretations for this RFP, no later than February 22, 2013. These requests may be faxed to the Purchasing Division at (561) 243 -7166 or emailed to naaaln.my�eIraybea lixom. The City may record its responses to inquiries and any supplemental instructions in the form of a written addendum. The City may issue a written addendum before the date fixed for receiving the proposal. No oral explanation may be given. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication prior to the opening of the proposals. The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify Proposers of all changes in scheduled due dates by written addendum. AS SPECIFIED: A Contact and Purchase Order will be issued to the successful Proposer with the understanding that all items /services delivered must meet the specifications herein. Items /services delivered not as specified, will be returned at no expense or penalty to the City of Delray Beach. SELECTION PROCESS: In its discretion the City may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarlfy the proposal for the City. The City wilt schedule any such presentation, if required. 1. SUBMISSION AND RECEIPT OF RFPs: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated In the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Request for Proposal. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. Page 13 D. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 6. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 7. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 8. LIABILITY, INSURANCE, LICENSES, AND PERMITS: A. LICENSES: Proposer's, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of the RFP receipt. The proposal of any Proposer that is not fully licensed and certified shall be rejected. B. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243- 7150. See page eight (8) for Insurance Requirements. A "sample" certificate has been attached. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully compiles with our specifications. B. Any omissions of detail specifications stated herein that would render the materiallservice from use as specified will not relieve the bidder from responsibility. C. The issuance of a written addendum(s) is the only official method whereby interpretation, clarification, changes, or additional information is provided by the City. It shall be the sole responsibiiity of each bidder, during and prior to Bid submittal to determine if addendum(s) were issued to any particular RFP and to obtain a copy of said addendum(s) from demandstar.com or by contacting the Purchasing Department @ (561) 243 -7169 or 7163. NOTE: The City will make every effort to notify registered bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential bidders who received a Bid package from other sources. Page 14 10. AWARD OF CONTRACT: The low monetary proposal will not in all cases be awarded the contract or purchase order. Contracts or purchase orders will be awarded by the City to the best responsible Proposer whose qualifications represent the most advantageous to the City, price and other factors considered. Evaluation of the RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any Proposer, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging Proposer. In no case will the award be made until necessary investigations have been made into the responsibility of the Proposer and the City is satisfied that the best responsible Proposer is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 11. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order. 12. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 13. EXCEPTIONS TO CONDITIONS: Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 14, RENEWAL: The parties may renew the contract, at the same terms, conditions; and prices, for up to three (3) consecutive terms of one (1) year if agreed to by both parties in writing. 16. TERMINATION OF AGREEMENT: The obligation to continue series under th,s Agreement may be terminated by cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. City shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to proposed, and Proposer shall terminate or suspend performance of services on a schedule acceptable to the City or at the end of the fourteen (14) day period day period, at the option of the City. In the event of termination or suspension, City shall pay Proposer for all services performed through the date of notice of termination or suspension. Proposer shall provide City with a complete file of all accounts notified, up to the termination date, which remains unpaid. 16. ANTI - COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 17. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of Federal and State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. Page 15 18. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation /termination of the contract. 19. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and appiicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 20. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 21. BID PROTEST: The time limit for filing a protest is five (5) calendar days from the date bid results become public information. A protest will only be considered to have merit if it can be proven that an action or lack of action by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, RFP or RFQ solicitation or award must be filed in writing with the Purchasing Officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shail be addressed to: City of Delray Beach Purchasing Manager 100 NW 1St Avenue Delray Beach, FL 33444 Page � 6 1NDEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this lndemnification ciause shall be borne by the Contractor The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name Signature Page 17 COME OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department regarding its bid, Le,, a "Cone of Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with City employees who are present at the mandatory pre -bid meeting during the actual pre -bid meeting. Once the pre -bid meeting is over, bidders may only communicate with employees of the Purchasing Division, Contractor's Name Signature Page 18 INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $100,000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and /or Operations. c) Independent Contractors d) Products and /or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. Business Auto Policy - Coverage must be afforded an a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any Bind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". Page 19 Attachment I, I of 3 .ACORD. CERTIFICATE OF LIABILITY INSURANCE 6ATE(tAMmDYYYY, r'Raa11tER Good Insurance, Inc. P.O. Box A-1 Best City, USA 00000 THIS CERTIFICATE IS ItSUED AS A MATTER OF INFORMATION ONLY AND C40NFERS NO RIGIATS UPON TtiE CERTIFICATE F[OLnER, THIS CERTIFICATE 00U NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW. INSURERS AFFORDING COVCRAGE NAIL I. tNSUpE� Willing Workers Assoc. ABC give Anytown, USA 00001 INSUREIiA: Ptlf1GY HUMBER. 915UR5g$1 i'ODC t7U'iRATEUH FKSUKRC; TM INSURER U: rlmropf"�Lm COV tKAU Eb BELQW HAVE SEEN W$UEV TC THE INSURF0 NAMED ABOVE FOR THE POLICY PERIOD INDICATEC. NOTWITHSTANDING THE PDUCISS OF INSURANCE LISTED TERM OR CONOMON of ANY CDNTRACT OR 0-MLR DOCUMENT WrrH RESPECT TD WHICH THIS CERTIFICATE MAY BE ISSUED dR ANY RECKAREMENT, MAY AERTAAN, THE INSURANCE AFFORDED BY THE POLJUES DESCRIBED HEREIN I$ 8L)BJECT TO ALL THE TPYMS, EXCLUMNS AND CONDMONS DF SUCH POUGIES_ AGGREGATE UMITS SHOWN MAY HAVE BEEN RFDIJCEO GY PAID C.AIMS. MSR tl Ptlf1GY HUMBER. P4 CY EFFCC'RUE i'ODC t7U'iRATEUH l.IM1M TM SR rlmropf"�Lm E~cHOCGGRRENC>: : 500,000 WNEW.LIARILPrY GLP077604 01/01/10 01 /01 /1J. 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P4avlsin4^.a aa11Wl USHER UEE VOFT[ON OF OPERATIO461 LOGA710HGlLLFHCLE8f F.XCLUS}0113 ADDED BY ENDOm.ENENTf BPECfALYITOV7310N3 THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED � q see attacYied endorsement. CITY OF DELRAY BEACH. -. 100 ,NW Ist AVENUE DELRAY BEACH, FL 33444 "OULD ANYOFTKE A80YE DESCIRMEa FUUMO NE CANCELLED BEFORFTHE EXPIRATION DATE Tit[RE-0F, TiG 161"DIIIG pi6l]RFR MLL ENDEAVOR Y0 MAIL 30 PAYy WRrTT£H 14CMC[To THE CFFrr4I0ATE HOLDER NAMED TO THL IWr. 8UF FXORE TO DO EO EL[ALL BarPOSE kit OBLIGATION OR LU'WLTTY CF AHY ICRD UPON THE LMALK, fry AGENTS OR RFPRESE4TATNE 0 ACORD CORPORATION 788 Page 110 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: 20_, by and WHEREAS, the CITY prepared a Request for Qualifications (RFP #2013 -34) for Professional Federal Lobbying Services; and WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected by the CITY as the best and most qualified applicant; and WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory terms for the execution of this Project. NOW, THEREFORE, in consideration of the promises set forth in the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties further hereto agree as follows- 1 . CONTRACTOR agrees to provide federal lobbying services by representing the CITY'S interests before the Federal Administration and/or applicable Federal Agency and U.S. Congress (House of Representatives and Senate) in accordance with the Detailed Scope of Work specifically stated in Exhibit "1 ". 2. The Contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 2 General Conditions, Instructions and Information 2-7 Indemnity /Hold Harmless Agreement 8 Cone of Silence 9 Insurance Requirements 10 Insurance form Samples 11 Standard Form of Agreement 12 -16 Corporate Acknowledgment 17 Certificate (If Corporation) 18 Schedule of Pricing 19 Paged/ Drug Free Work Place Certification 20 References 21 Bid Signature Form 22 Statement of No Bid 23 Lvaluation Criteria 24 -32 Attachments: A. Vendor's List 33 B Lobbyist Registration Form 34 C, Litigation History 35 D. Non- Collusion Statement Form 36 Exhibits: 1. Detailed Scope of Work 37 -38 2. Federal Subject Areas /issues 39 -40 3 Qualifications 41 3. The term of this contract shall commence upon execution by both parties and extend until one (1) year from the date of the execution of the contract. The parties may agree to renew the contract, at the same terms, conditions and price(s) for up to three (3) consecutive terms of one (1) year. 4. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 5. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida Attn: Finance Department 100 N.W. 1St Avenue Delray Beach, Florida 33444 As to Contractor: 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Page 112 7. The CITY and the CONTRACTOR each binds himself /herself, his/her partners, successors, assigns and legal representatives to other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The CONTRACTOR for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's, agents and employees from or on account of any claims, damages, received or sustained by any person or persons resulting from CONTRACTOR'S work; or by or in consequence of negligence in connection with the same, or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions that may be brought against the CITY, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, firm or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his their own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Page 113 9. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the OWNER. 14. This Agreement may be terminated by cause by either party upon seven (7) days advanced written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of services on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the option of the CITY. In the event of termination or suspension, the CITY shall pay CONTRACTOR for all services performed through the date of notice of termination or suspension. CONTRACTOR shall provide CITY with a complete file of all accounts notified, up to the termination date, which remains unpaid. 11. The CONTRACTOR shall furnish, on an annual basis, as required by the CITY an audited financial statement of CITY collection activity. 12. The CONTRACTOR shall notify the particular contact person for the CITY as determined by the CITY and based upon the information required. 13. The contract documents constitutes the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Page 1 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. "01021 City Clerk Approved as to form: City Attorney I►JIIa041* &qqj (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA Thomas F. Carney, Mayor CONTRACTOR: (Print or type name and title) (SEAL) Page 115 CORPORATE ACKNOWLEDGMENT COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He /She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Pap 16 CERTIFICATE (IF CORPORATION) STATE OF FLORIDA } SS COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on was duly passed and adopted: 20_, the following resolution "RESOLVED ", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) Page 117 f SCHEDULE OF PRICING RFP NO. 2013 -34 Professional Federal Lobbying Services Pricing is to be all inclusive of costs and expenses to be paid monthly to CONTRACTOR within thirty (30) days of submission of any invoice to the CITY. COMMENTS: Vendor Name: (per month) ADDITION /DELETION OF ITEMS: The City of Delray Beach reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any new areas to be added to the contract. Page 118 DRUG FREE WORKPLACE CERTIFICATION RFP No. 2013 -34 Professional Federal Lobbying Services If identical tie bids exist, preference will be given to the vendors who submit a certification with their bidiproposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug - free workplace program As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workpiace through implementation of this section. Contractor's Name Sianature Page; 19 WORK REFERENCES RFP No. 2013 -34 Professional Federal ,Lobbying Services Please complete this page or attach your reference page to this sheet. Agency /Company Address City, State, Zip Contact Person Telephone Date(s) of Service Type of Service Comments: Address City, State, Zip Contact Person Telephone Date(s) of Service of Service Comments: Agency/Company Address city. State, ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: Contractors Name: Page 120 CITY OF DELRAY BID SIGNATURE FORM RFP No. 2013 -34 Professional Federal Lobbying Services PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification hi its entirety and with full understanding of the conditions governing this bid. `Name of Bidder (Firm Name as Registered with their State of origin) Business Address: Street Address (P.O. Box Address is not permitted) City, State, Zip Mailing Address: ❑ Check if Same as Business Address above Street Address City, State, Zip Authorized Signature (Written) Print Name and Title of Person Signing this Form Date Telephone 1 Fax No. Email Address of Authorized Signee: VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: TELEPHONE: EMAIL ADDRESS: Thank you for your interest in the City of Delray Beach Page 121 CITY OF DELRAY STATEMENT OF NO BID RFP No. 2013 -34 Professional Federal Lobbying Services If you are not bidding on this service /commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1 st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidders list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on Bid No. 2013 -34 due to the following reason(s): Please Check below: ❑ Specifications too "tight ", i.e., geared toward brand or manufacturer only (explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications in detailed scope of work ❑ Unable to meet qualifications ❑ Specifications unclear (explain below) ❑ Other (specify below) Remarks /Other: SIGNATURE: DATE. Page 122 Evaluation Criteria With regard to the Evaluation criteria, each firm has a continuing obligation: to provide the City with any material changes to the information requested. The City reserves the right to obtain additional information from interested firms. CITY OF DELRAY Evaluation Criteria Provide answers below. If you are submitting a RFP No. 2013 -34 response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot be Project - Specific Criteria entered, a summary, followed with a page number reference where: a complete response can be found is acceptable. 1. List the names, titles, and describe the experience, qualifications, and other vital information of all key personnel that will be assigned to work on City of Delray Beach matters. Key personnel include all partners, managers and other professional employees that will perform work or services on this project, Your answer should include an outline of each key person's area of federal lobbying responsibility, including any relevant lobbying experience on federal legislative or executive branch issues or projects performed for City of Delray Beach or other similar urban local governments. (Refer to Exhibits 1 -3 in considering your response). If the firm intends to use any subcontractors to perform services identified in Attachment A, then identify the services to be subcontracted, the person or firm that will be providing such services and describe in detail federal lobbying experience, qualifications and its specific engagement role in this project. (Refer to Exhibits 1 -3 in addressing the expertise and qualifications of any proposed subcontractor) 2. Describe the firm's past performance and experience in representing comparable government (e.g., medium -sized urban cities). Address the qualification issues in Exhibit 3 to the RFP. 3. Provide a description of three (3) contracts performed by the firm that are similar to this project, whether ongoing or completed in the last three years, excluding City of Delray Beach, The description should include the following information: a) Client name; b) Description of work performed; c) Contract dollar value; d) Dates covering the term of the contract; e) Name of primary contact, phone number, and E -mail f) Results of the services/ project performed, 4. Provide a complete list of the firm's clients during the past three (3) years, including clients represented before the City of Delray Beach City Commission, regardless of whether the firm was the prime contractor or a sub- contractor. If the firm did not represent clients before the City Commission, please indicate so. 5. Describe any other federal experience in representing City and/or municipal governments before the legislative and executive branch of the federal government relevant to the qualification issues in Exhibit 3 of this RFP. Page 123 6. Describe the firm's understanding of, and experience with, major urban City issues and discuss at least three (3) key City of Delray Beach issues (refer to Exhibits 2 and 3, Paragraph 2), and describe the unique qualities the firm can provide to the City which differentiate the firm from other potential proposers. 7. Discuss the firm's specific experience and successes on major urban City issues. Provide at least three (3) issues that are different from Question 6. 8. Describe the firm's approach (including any techniques, management strategy, assignment of specific personnel, scheduling and prioritizing of work, reporting, etc.) to be used in representing City of Delray Beach before Congress, the Administration and federal agencies. 9. Using the following 2 issues: Beach Renourishment and Housing and Community Development, please describe the firm's approach /strategy for lobbying the issues selected before the Administration or applicable federal agency and Congress on behalf of Ci of Delray Beach, 10. Provide an example of legislation (e.g., bill, amendment, report language, etc.) the firm prepared (wrote) on behalf of a comparable local government client for introduction in Congress. 11. Provide an example of a successful legislative and executive branch project undertaken for a government or private client during the past three (3) years; and provide an example of written documentation prepared for presentation before a legislative committee and Executive Branch agency. 12. Describe in detail the firm's federal level experience (Legislative and Executive Branch) relating to the following fields: a) Appropriations & Grants b) Transportation c) Human Services Issues /Funding d) Housing and Community Development g) Energy, Environment, and Natural Resources h) Economic Development and Trade (Consider Exhibit 3 when providing. your response) 13. Describe the method(s) the firm uses to communicate with a client on its projects and issues, and provide examples of such communication with a comparable government client on an issue before Congress and the Executive Branch. 14. Describe how the firm plans to establish, maintain, and enhance working relationships between City officials and staff and key members of Congress, committee staff and key officials of the Administration and federal agencies. 15. Describe how the firm would enhance the City's financial position with respect to obtaining Congressional appropriations, Federal grants, incentives, etc. and avoiding federal unfunded mandates that may impact the City. Page 124 CITY OF DELRAY Provide answers below. When an entire response cannot be entered, a summary, followed with a Evaluation Criteria page number reference where a complete RFP No. 2013 -34 response can be found is acceptable. Company Profile 1. Supply legal firm name, headquarters address, local office addresses, state of incorporation, and key firm contact names with their phone numbers, E -mail addresses,_and firm website address. 1 Supply the interested firm's federal ID number and Dun and Bradstreet number. 3. Is the interested firm legally authorized, pursuant to the ❑ YES ❑ NO requirements of the Florida Statutes, to do business in the State of Florida? 4. All firms are required to provide their financial statements at the time of submittal in order to demonstrate the firm's financial capabilities. Failure to provide this information at the time of submittal may result in a recommendation by the Purchasing Manager that the response is non - responsive. Each firm shall submit its most recent two (2) years of financial statements for review. The financial statements are not required to be audited financial statements, With respect to the number of years of financial statements required by this RFP, the firm must fully disclose the information for all years available; provided, however, that if the firm has been in business for less than the required number of years, then the firm must disclose for all years of the required period that the firm has been in business, including any partial year -to -date financial statements. The City may consider the unavailability of the most recent year's financial statements and whether the firm acted in good faith in disclosing the financial documents in its evaluation. Any claim of confidentiality on financial statements should be asserted at the time of submittal. (see below) * * ** *ONLY "IF" claiming Confidentiality * * * ** The financial statements should be submitted in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RFP# - Confidential Matter ". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. CD or DVD disks included in the submittal must also comply with this requirement and bidder must separate any materials claimed to be confidential. Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Purchasing Manager that the response is non - responsive. Furthermore, proposer's failure to provide the information as instructed may lead to the information becoming public. Page 125 5. Litigation History Requirement: The City will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the City all "material" cases filed or resolved in the three (3) year period ending with the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization, If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly- formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a "case" includes lawsuits, administrative hearings and arbitrations. A case is considered to be "material" if it relates, in whole or in part, to any of the following; 1. A similar type of work that the vendor is seeking to perform for the City under the current solicitation; 2. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation; 3. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract; 4. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary); or 5. A criminal proceeding or hearing concerning business- related offenses in which the vendor or its principals (including officers) were /are defendants. Notwithstanding the descriptions listed in Paragraphs 1 — 5 above, a case is not considered to be "material" if the claims raised in the case involve only garnishment, auto negligence, personal injury or a proof of claim filed by the vendor. For each material case, the vendor is required to provide all information identified in the form attached as Attachment "J ". A vendor is also required to disclose to the City any and all case(s) that exist between the City and any of the vendor's subcontractors, and or, subconsultants proposed to work on this project. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed non- responsive. Prior to making such determination, the vendor will have the ability to clarify the submittal and to explain why an undisclosed case is not material. Page �26 6. Has the interested firm, its principals, officers or ❑ YES ❑ NO predecessor organization(s) been debarred or suspended each question for each entity forming the joint from bidding by any government during the last three venture. When an entire response cannot he (3) years? If yes, provide details. reference where a complete response can he 7. Has your company ever failed to complete any work ❑ YES ❑ NO awarded to you? If so, where and why? The standard terms and conditions for the resulting ❑ YES (Agree) S. Has your company ever been terminated from a ❑ YES ❑ NO contract? If so, where and why? If no, you need to specifically identify the terms Page l27 Provide answers below. If you are submitting a Legal Requirements response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot he entered, a summary, followed with a page number reference where a complete response can he ound is acceptable. 1. Standard Agreement Language: The standard terms and conditions for the resulting ❑ YES (Agree) contract are provided at page 12 -16. ❑ NO If no, you need to specifically identify the terms and conditions with which you are taking exception since they will be discussed with the Selection Committee. Please be aware that taking to the Qq,'s terms exceptimis standard be and conditions m viewed unfavorably-by impact the Selection Committee and intimately the „ .,li of s..h.. ktnl evaluation your 2. Additional Standard Agreement Language: Lobbying Prohibition: A lobbying firm selected to ❑ YES (Agree) represent the City, including its officers, employees, or agents, is prohibited from representing any person or ❑ NO (Exception) entity, irrespective of compensation, before the City please be aware that taking exception to this Commission during the term of the agreement. The term may be viewed unfavorably by the prohibition shall apply to all direct lobbying before the Selection Committee and ultimately impact the Commission, and any communication, whether verbal or overall evaluation of your submittal. written, with any member of the Commission, in the representation of a client on any matter that is scheduled for or pending consideration before the Commission. during the proscribed period, or on any matter that is reasonably foreseeable to be the subject of consideration or action by the Board. This limitation shall not apply when the United States Congress is in recess. State whether the firm can or cannot agree to this prohibition. Page l27 3. Additional Standard Agreement Language: Conflict of Interest: In providing services to City of Delray ❑ YES (Agree) Beach, 'a selected firm may not have any personal financial interest, direct or indirect, with any member of the Commission or any City employee. In addition, the Ei NO (Exception) firm may not represent any client whose interest is currently adverse to the interests of City. If, during the Please be aware that taking exception to this term of the Agreement, the firm determines that a client term may be viewed unfavorably by the it represents has or may potentially have an interest Selection Committee and ultimately impact the adverse to the interest of City, or firm is notified by the overall evaluation of your submittal. Firm's Contract Administrator of an existing or potential adverse interest with a client of the firm, then firm shall disclose such conflicting interste required -by the agreement. Additionally, before proposing, advocating, or otherwise advancing any legislation, administrative rule, regulation, or policy on behalf of a client, where such legislation, rule, regulation, or policy may potentially impact the City of Delray Beach and its operations, the firm shall disclose the representation and provide a copy of the legislation, administrative rule, regulation, or policy to the Contract Administrator. The firm further agrees that, if any conflict of interest arises, it will disclose, in writing, such interest to the City within three (3) days from the date the conflict arises, or within three (3) days after the firm receives verbal or written notification from the firm's Contract Administrator of an existing or potential adverse interest with a client of the firm. The written disclosure must provide sufficient information concerning firm's conflict including, but not limited to, name of the client presenting the conflicting position, the nature of the conflict, and the extent to which the firm is unable to provide the services described in the agreement. State whether the firm can or cannot agree to this prohibition. 4. Cone of Silence: This City's ordinance prohibits certain communications among vendors, City staff, and Selection Committee members. Identify any violations of this ordinance by any members of the responding firm or its joint venturers. The firm(s) submitting is expected to sign and notarize the Cone of Silence Certification (Attachment L). 5. Public Entity Crimes Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer to perform work as a consultant or contract with a public entity, and may not transact business with City of Delray Beach for a period of 36 months from the date of being placed on the convicted vendor list. Submit a statement fully describing any violations of this statute by members of the interested firm or its joint venturers. See, Section 287.133, Florida Statutes. Page. � 28 5, No Contingency Fees: By responding to this solicitation, each firm warrants that it has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. For Breach or violation of this provision, City shall have the right to reject the firm's response or terminate any agreement awarded without liability at its discretion, or to deduct from the agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Submit an attesting_ statement warranting that the_ Responder has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. 7. DRUG FREE WORKPLACE: 1, Do you have a drug free workplace policy? 1, ❑ YES ❑ NO 2. If so, please provide a copy of your drug free workplace policy in your proposal. 3. Does your drug free workplace policy comply with 3 ❑ YES ❑ NO Section 287.087 of the Florida Statutes? 4. If your drug free workplace policy complies with Section 287.087 of the Florida Statutes, please complete 4 ❑ YES ❑ NO the Drug Free Workplace Policy Certification Form. 5. If so, please complete the attached Drug Free Workplace Policy Certification Form, 5. ❑YES ❑ NO Failure to provide a notarized Certification Form in your proposal indicating your compliance or willingness to comply with the Drug Free Workplace requirements may result in your firm being ineligible to be awarded a contract. 8, Non - Collusion Statement: By responding to this solicitation, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose on the "Non- Collusion Statement Form" (Attachment D) to their best knowledge, any City of Delray Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2012), who is an officer or director of, or had a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Delray Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City. of Delray Beach City Code. Page 129 Page 130 Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming tite joint Tiebreaker Criteria venture. Furthermore, to receive credit for a tiebreaker criterion, each entity forming the joint venture must meet the tiebreaker criteria. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable. LOCATION in CITY OF DELRAY BEACH L. Is your from located in City of Delray Beach? l ❑ YES ❑ NO 2. Does your firm have a valid current City of Delray Beach Local Business Tax Receipt? 2. ❑ YES ❑ NO 3. Has your firm (a) been in existence for at least six (6) 3 ❑ YES ❑ NO months prior to the proposal opening (b) providing services on a day to day basis (c) at a business address physically located within the limits of City of Delray Beach (d) in an area zoned for such business and (c) the services provided from this location are substantial component of the services offered in the firm's proposal? If so, please provide the interested finn's business address in City of Delray Beach, telephone number(s), email address, and evidence of the City of Delray Beach Local Business Tax Receipt. Page 130 Required Forms to be Returned (Forms that follow this Title Page that need to be returned, i.e. Attachments A, B, C, etc.) Balance of Page Left Blank Intentionally Page 131 Attachment "A" - Vendor's List (Non- Certified Subcontractors and Suppliers Information) THIS FORM SHOULD BE SUBMITTED WITH THE RFP. Provide this information for any sub vendor(s) other than the entity responding to this RFP who will provide a service to the City for this solicitation. This includes major suppliers as well. 1. Firm's Name: 2. Firm's Address: 3. Firm's Telephone Number: 4. Firm's Website address: 5. Contact Name and Position: 6. Alternate Contact Name and Position: 7. Alternate Contact Telephone Number: 8. Bid /Proposal Number: 9. Type of Wor]dSupplies Bid: Firm's E -mail Address: Email Address: Contracted Amount: Award Date: 10. Please list all major Bills your Firm was involved with in the last Legislative Session and the result. 1 certify that the information submitted in this report is in fact true and correct to the best of my knowledge Signature Title Date Note: the information provided herein is subject to verification by the Purchasing Uivision. Use additional sheets for more subcontractors or suppliers as necessary. Page 132 Attachment "B" - Lobbyist Registration Form Fill out the information requested and return original completed form to the address below. It is the duty of each lobbyist to continually update this information. Application does not expire until a Paid Lobbyist Withdraw Form is submitted. A Fee of $25.00 is due upon registration of each principal or government entity, payable by cash or check. You may also register at PBCGOV.eom on line registration. Name of Lobbyist: Lobbyist Email: Firm Name. (if applicable) Business Address (Street /P.O. Box, City, Zip Code) Description of nature and extent of any direct business association or partnership with any current Government Entity Commissioner, Council Member, Advisory Board Member or Employee: Principal Represented Principal Contact Name: Principal Contact Email: Principal Firm Name: Address: Legislative Interest of Principal: Represented in the following Government Entities: In compliance with Palm Beach County Lobbyist Registration Ordinance, Palm Beach County Code, Chapter 2, Article VIII, as amended, I hereby submit this registration form, and state that the information contained herein is true and correct. Registrant /Lobbyist is authorized to represent the above principal X 1 Principal Signature Lobbyist Retained Date X _ J Registrant /Lobbyist Signature Date Return original completed form to: Todd Bonlarron, Legislative Affairs Director 301 N. Olive Avenue, Suite 1 101 West Palm Beach, FL 33401 (563) 355 -345I Page 133 Attachment "C" - LitilZation History NAME OF COMPANY: Page_ 134 ❑ Vendor: RFP #: ❑ Vendor's Parent Company: MATERIAL CASE SYNOPSIS ❑ Vendor's Subsidiary Company: ❑ Vendor's Predecessor Organization: Party Plaintiff ❑ - Defendant ❑ Case Name Case Number Date Filed Name of Court or other tribunal Civil ❑ Administrative /Regulatory ❑ Type of Case Criminal ❑ Bankruptcy ❑ Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Disposition of Case Pending ❑ Settled ❑ Dismissed ❑ Judgment Vendor's Favor F] (Attach copy of any applicable Judgment, Settlement Agreement and Satisfaction of Judgment Against Vendor ❑ Judgment.) If Judgment Against, is Judgment Satisfied? Yes ❑ No ❑ Name: Opposing Counsel Email: Phone number: NAME OF COMPANY: Page_ 134 Attachment "D" - Non - Collusion Statement Form By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any City of Delray Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (2012), who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Delray Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment. NAME RELATIONSHIP (Vendor Signature) (Print Vendor Name) In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. (Form is to be signed even if no names are listed) Page 135 Exhibit "1" - Detailed Scope of Work 1. Provide a full range of professional lobbying services and advocacy before legislative and executive branches of the federal government and their respective departments, agencies, offices, committees, and other federal governmental units with respect to all matters contained within City's federal legislative program, assigned executive branch projects and other issues or projects of the City as assigned by the City Commission, City Manager, and/or City Manager's designee, 2. Prepare the City's Federal Legislative Agenda/Priorities which may include development of a professional document and/or brochure outlining the City's priorities. 3. Advocate the City's federal legislative program, secure sponsors for necessary bills, amendments, and resolutions, monitor legislation and administrative rules and regulations and identify other areas of interest and concern to the City. 4. Identify grants and other types of funding which may be available to assist the City in its infrastructure and programmatic investments and advocate those interests and concerns on behalf of the City. On the City's behalf, establish and maintain contacts with federal agencies, supervise and monitor City handing application under consideration by such agencies. 5. Confer with City Commissioners, the City Manager, Department /Division Directors and such other City personnel as the City Manager, or his /her designee, may designate on any legislative or executive matter which may impact the City and take any necessary action, as determined by the City Commission or City Manager. 6. Confer with the City regarding any proposed formula changes in federal programs to determine their impact on the City and take the necessary steps, including advocating formula changes for the City, as determined by the City Commission or City Manager, 7, Arrange meetings for City Commissioners and City staff with members and officials of the Legislative and Executive Branch of the federal government and other entities as appropriate, including members of Congress in leadership positions, key legislative committee members, executive branch leaders, and key officials within the Administration and federal agencies. K Identify opportunities for City of Delray Beach officials to appear before Congressional committees and members of Congress to testify or discuss issues of concern to the City and to provide research materials, written testimony, or other assistance, if requested, for use by City officials in conjunction with their appearances or meetings. 9. Monitor and review federal executive proposals, proposed and adopted administrative rules and regulations, legislation under consideration and other developments for the purpose of advising the City on items that may impact City policies and/or programs or which may potentially benefit the City. 10. Be available during any congressional session and at other times as requested to; assist in writing, interpreting, and monitoring legislation, agency rules and regulations; drafting legislation., amendments, report language, position papers, testimony and other documents; obtaining documentation and research materials; and securing sponsors for bills, amendments, resolutions, report language and other legislation, as necessary to accomplish the City's federal legislative and executive branch goals, 11. Upon request of the City Commission or City Manager, as applicable, draft, review and comment on the City's proposals which are being prepared for submission to Congress, the Federal Administration, and /or federal agencies. 12. Prepare and submit written reports, as required by the City Commission, City Manager, and /or designee, regarding the status of assigned issues and projects, and describing the activities undertaken and progress made to achieve such matters, including weekly or monthly legislative updates, status reports, end -of- session reports, and/or issue - specific reports, in conjunction with weekly telephone calls relating to any City federal legislative or executive branch issue or project assigned. Page 136 13. Provide such other services and representations as are typically performed or provided by governmental lobbyists, as designated by the City Commission or City Manager, as applicable. Such services may include, but are not limited to, participation in associations or coalitions with similar objectives as the City, including the National League of Cities (NLoQ and coordinating activities with lobbying representatives of other public or private entities where issues of common interest exist and such a coordinated lobbying effort will benefit the City. 14. Provide list of work efforts with all monthly invoices prior to payment. 15. Meet with City Commission in- person, on a regular basis and/or when needed, including to provide Start of Session, Mid - Session (may result in multiple updates) and End of Session Reports. Page l37 Exhibit "2" - Federal Subject Areas /Issues a) Appropriations/Project Funding b) Transportation Issues /Transit Funding /Permitting c) Environmental Policy Issues /Permitting Human Services Issues /Funding,_ e) Justice and Public Safety f) Business Development /Green Initiatives g) Finance and Taxation h) Consumer Services and Insurance Issues i) Beach Renourishment/Shore Protection Project Funding /Policy issues j) Public Works - General /Funding k) Water & Wastewater Infrastructure Projects Funding 1) Local Government Preemption m) Economic Development /Int'l. Trade Issues n) Tourism /Commerce o) Hurnan Resources /Employee Benefits p) Health Care Policy and Funding /Medicaid q) Housing & Community Development r) Telecom muni cat ion s /E- Commerce s) Unfunded Mandates /Home Rule Authority Protection t) Solid Waste /Recycling /Waste to Energy u) Emergency Management /Disaster Preparedness and Recovery /Funding v) Federal Courts Issues /Funding w) Parks and Recreation x) Sustainability /Climate Impacts /Policy Issues/Funding y) Air /Water Quality Issues /Funding z) Immigration Policy aa) Energy IssueslFunding bb) Arts and Culture IssueslFunding cc) Homeland Security IssueslFunding dd) Water Resources Development Act (WRDA) Legislation Page 138 Exhibit "3" - Qualifications The Contractor should, at a minimum, possess the following qualifications: a) a strong working knowledge of the legislative., administrative and regulatory processes at the federal level; b) a clear understanding of urban areas, including specific knowledge of the City of Delray Beach, federal programs administered by the City and a knowledge of the funding needs and policy issues important to the City of Delray Beach; c) a history of successful lobbying experience at the federal level; d) a clear strategy for representing the City at meetings with key legislators and members of the Executive Branch; e) the ability to liaise with members of Congress, the White House and /or federal agencies; f) sufficient expertise to provide legal and legislative research upon request; g) resources to attend congressional and administrative hearings, monitor legislative and administrative developments, and to provide appropriate reports to the City; h) experience in identifying and securing various sources of federal funding; i) experience in coordinating communications and meetings with members of Congress and the Administration; j) experience in working with Senate and House Committees; k) resources to help facilitate meetings with, and communications between all areas of the federal government, including, committee leadership and senior staff, 1) the ability to provide timely notice of congressional and agency hearings; and m) the ability to provide written and verbal reports. The Contractor should also possess knowledge and /or involvement with, national organizations or associations (and their legislative policies or recommendations) in which urban City governments, like the City of Delray Beach, participate, including the National League of Cities. In addition to the minimum qualifications in Paragraph 1, the Contractor should possess substantial working knowledge and experience with the following specific areas, including the identification of grant /appropriations programs in such areas and successful experience in securing grants /appropriations from such programs: International Trade, Commerce, and Tourism Issues — a) extensive knowledge and experience to assist City of Delray Beach's efforts to promote its international trade, commerce, and tourism issues; b) working knowledge of existing and proposed fees or tariffs on the industry; c) working knowledge of, or involvement with, the International Trade Administration's activities, legislative policies, or recommendations; d) established relationships with the Office of the U.S. Trade. Representative and other key senior officials in related Executive Branch agencies, including the Department of Homeland Security, U.S. Customs and Border Protection, TSA, Department of Agriculture, and other federal agencies responsible for trade and tourism programs. Public Transportation/Transit Issues — a) transit policy issues and funding; b) working knowledge of policy issues and funding for light rail /street car transit systems, and related transit infrastructure improvements; c) involvement with Federal Transit Administration's legislative policies and recommendations; d) established relationships with key officials and staff at the U.S. DOT and FTA. Energy. Environment, and Natural Resources — a) energy, environment, and natural resources issues for large urban counties, including a working knowledge of City of Delray Beach's existing programs and initiatives; b) substantial knowledge and experience with beach nourishmentishore protection funding and policy issues; c) knowledge of comparable local governments' sustainability, renewable energy, climate protection, and green activities, initiatives and legislative actions; d) established relationships with key members of Congress in leadership positions, senior staff and key Administration officials including, but not limited to, the U,S. Departments of Energy, Agriculture, Commerce, Transportation, Housing and Urban Development, Environmental Protection Agency and the U.S. Army Corps of Engineers. Health and Human Services — a) substantial knowledge and experience with health care and human services related programs and policy, including the Patient Protection and Affordable Care Act and implementation, HIPPA, mental health and substance abuse, Community Services Development Block Grant, Supplemental Nutritional Assistance Program, and the Americans with Disabilities Amendments Act; b) established relationships with key members of Congress in leadership positions, particularly the Chairman and Ranking Members of committees with oversight over health and human services issues, senior staff of such committees, and key officials in the Administration, the U.S. Department of Health and Human Services and its operational divisions such as ACF, CMS, CDC, HRSA and SAMSHA, and the U.S. Department of Agriculture. Page l39 E W L 0 0 cu E 0 0 Em 0 O U O as aJ aJ aJ aJ aJ aJ O CL O 4! 4! CL } Z Z } Z } } B or zT Ln 3 E W L 0 0 cu E 0 0 Em O a U O CD ca O O 4! O 4! 4! 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