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08-19-14 Regular Meeting City of Delray Beach • Regular Commission Meeting Tuesday,August 19, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES 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. The City will furnish auxiliary aids and services to afford an individual with a disability an 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 event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL. 33444 Phone: (561) 243-7000 -Fax: (561) 243-3774 www.mydelraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. RESOLUTION NO. 39-14: Approve Resolution No. 39-14 recognizing and commending Donna Quinlan, Community Improvement Coordinator, for 30 years of dedicated service to the City of Delray Beach. 6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting of July 17, 2014. B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) COASTAL CONTRACTING & DEVELOPMENT, INC.: Approve Contract Closeout (Change Order No. 1/Final) in the amount of $9,067.66 decrease and final payment in the amount of $2,467.74 to Coastal Contracting & Development, Inc. for completion of the Sidewalks FY 2013 Project No. 13-071. This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work". C. INCREASE SPENDING LIMIT/MASTER AUTO BODY: Approve an increase to the spending limit for Master Auto Body to $35,000.00 for repairs to the City's vehicles. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 501- 3311-591-52.52 (Garalle Fund: Operatinll Supplies/C.G. — Outside Service). D. RETROACTIVE APPROVAL OF PRIOR PURCHASE /MACMILLAN OIL COMPANY: Approve retroactively. an expenditure limit of $1,450,000.00 with Macmillan Oil Company for the purchase of bulk fuel for City of Delray Beach vehicles and equipment. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is available from 501-3311-591-52.51 (Garalle Fund: Operatinll Supplies/ C G Inventory Fuel). E. RETROACTIVE APPROVAL OF PRIOR PURCHASE /BOCA RATON SMALL ENGINES, INC.: Approve NetNOactivel y. an expenditure limit of$30,000.00 with Boca Raton Small Engines, Inc. for the purchase of lawn equipment and repair kits. This is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions from Vendors Exceeding $25,000.00 in any Fiscal Year". Funding is available from multiple accounts. F. RESOLUTION NO. 38-14: Approve Resolution No. 38-14; supporting establishing a regulatory structure for the recovery residence industry; urging the Florida and National League of Cities to support efforts by state and local governments to regulate recovery residences; urging Congress to enact legislation regarding recovery residences to protect the health, safety and welfare or the residents of local communities. G. RESOLUTION NO. 37-14/WATER CONSERVATION HOTEL AND MOTEL PROGRAM: Approve Resolution No. 37-14; authorizing the City partner with the South Florida Water Management District in implementing the Water Conservation Hotel and Motel Program (Water CHAMP). H. RESOLUTION NO. 35-14/BEACH RENOURISHMENT PROJECT: Approve Resolution No. 35-14; to support the funding commitment of the Delray Beach Renourishment Project. I. CHANGE ORDER NO. 1 AND WAIVER TO THE HOUSING REHABILITATION GRANT AWARD /130 S.W. 51H-- AVENUE: Approve Change Order No. 1 to Built Solid Construction in the amount of $12,744.00 and request to waive the $37,000.00 maximum grant award established for housing rehabilitation projects under the Neighborhood Services Division's approved Policies and Procedures for the property located at 130 S.W. 51h- Avenue. This is in compliance with Chapter 36 of the Code of Ordinances Section 36.02 (A)(1), "Sealed Competitive Method" and Section 36.06 (A) (1), "Change Orders". Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). J. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2014 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $40,770.00 which will provide funding to support the Holiday Robbery Task Force. K. ANNUAL MAINTENANCE AGREEMENT/SELECTRON TECHONOLOGIES: Approve an Annual Maintenance Software Agreement with Selectron Technologies, Inc., in the amount of $25,535.00 for continued support of the interactive voice response for continued support of the City's website and interactive voice response system to pay for permits and utility bills. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02, (C)(6)(a), "Sole Source". Funding is available from 001-1811-513-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance), 001-2721-524-46.90 (General Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs) and 441-5112-536-46.90 (Water and Sewer Fund: Repair and Maintenance Service/Other Repair/Maintenance Cost). L. PROCLAMATIONS: 1. South Atlantic Karate Association —August 22-24, 2014 M.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 28, 2014 through August 8, 2014. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to All Phase Roofing & Construction, Inc. in the amount of $249,665.00 for roof repairs at Pompey Park (Bid No. 2014-12). This bid award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (A) (1), "Sealed Competitive Method; Competitive Bids". Funding is available from 334- 4127-572-62.10 (General Construction Fund: Buildings). 9. REGULAR AGENDA: A. NOMINATIONS FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT: Nominations for appointment of three (3) regular members to the Board of Adjustment to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat#2) and Commissioner Frankel (Seat#3). B. NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD: Nomination for appointment of one (1) regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2). C. AMENDMENT TO THE GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY: STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER): Consider approval of an amendment to the Grant Award with the Department of Homeland Security: Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $597,363.00 to hire three (3) additional Firefighter/Paramedics for a twenty-four hour (24) month period. (ADDENDUM) 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2015 PROPOSED BUDGET: The City Commission will hear public comments, if any, rellardiniz the FY 2015 Proposed Bud1jet at this time. B. ORDINANCE NO. 22-14 (SECOND READING/SECOND PUBLIC HEARING): Consider an amendment to the Land Development Rellulations (LDR) of the City of Delray Beach, establishing a temporary building moratorium on facilities offering the retail sale or transfer of dogs and/or cats as further defined herein for a period of six (6) months from the date of adoption of this ordinance; providing for geographic area covered; providing for the duration of moratorium. C. RESOLUTION NO. 34-14/CONTRACT FOR SALE AND PURCHASE: 513 S.W. 15TH AVENUE: Consider approval of Resolution No. 34-14; a contract for sale and purchase between the City of Delray Beach and the Delray Beach Community Land Trust in the amount of Ten Dollars and 00/100 cents ($10.00) for affordable housing purposes for the property located at 513 S.W. 15th Avenue. (STAFF HAS REQUESTED THIS ITEM BE POSTPONED UNTIL A DATE CERTAIN OF SEPTEMBER 4, 2014 CITY COMMISSION MEETING) D. RESOLUTION NO. 36-14/CONTRACT FOR SALE AND PURCHASE: 232 N.W. gTH AVENUE: Consider approval of Resolution No. 36-14; a contract for sale and purchase between the City of Delray Beach and the Delray Beach Community Land Trust in the amount of Ten Dollars and00/100 cents ($10.00) for affordable housing purposes for the property located at 232 N.W. 8th Avenue. (STAFF HAS REQUESTED THIS ITEM BE POSTPONED UNTIL A DATE CERTAIN OF SEPTEMBER 4, 2014 CITY COMMISSION MEETING) 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission w MEMORANDUM W TO: Mayor and City Commissioners FROM: Dot Bast, Human Resources Administrator THROUGH: Terry Stewart, Interim City Manager DATE: July 21, 2014 SUBJECT: AGENDA ITEM 5.A.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RESOLUTION NO.39-14 BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Donna Quinlan, Community Improvement Coordinator, achieved this milestone on August 13, 2014. RECOMMENDATION Approve Resolution No. 39-14 RESOLUTION NO. 39-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DONNA QUINLAN FOR THIRTY YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Donna Quinlan began her career with the City of Delray Beach on August 13, 1984 and on August 13, 2014, reached a milestone in her career, having achieved thirty years of full-time service with the City;and WHEREAS, Donna was hired as a Secretary II in the Department of Development and Inspections,was promoted to Administrative Assistant II in 1985, Administrative Assistant IV in 1988, Executive Assistant in 1993 and Community Improvement Coordinator in 2001,where she currently serves with distinction; and WHEREAS, her excellent work, as well as her attitude of care and concern for others resulted in her selection as the first ever Community Improvement Department Employee of the Year in 1997;and WHEREAS, Donna is a valuable, integral part of the Community Improvement Department; she is skilled in coordination, administration and organization for the entire department;and WHEREAS, handling an exceptional work load in a highly professional manner is the norm for Donna, she approaches her responsibilities with a"can-do" spirit and sets an excellent example for her team;and WHEREAS, Donna displays the highest level of ethical behavior at all times and always puts the City's interests above all else; and WHEREAS, Donna has been recognized for her tireless efforts in support of the City's All America City competitions and is well-respected as a team player. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Donna Quinlan for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Donna Quinlan for her many years of service, and wishes her the best of health and happiness in her continued employment. PASSED AND ADOPTED in regular session on this the 19`h day of August 2014. CARY GLICKSTEIN ATTEST: CITY CLERK w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: August 8, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RATIFICATION OF SCRWTDB ACTIONS BACKGROUND By a vote of 5 to 0, the SCRWTD Board approved the following actions: 1. Accepted the 2014/2015 Wastewater and Reclaim O&M Budgets. 2. Authorization to Replace the Following Section XVI "Employment of Relatives" of the Board Rules. 3. Accepted the 2014/2015 Organizational Chart and Salary Ranges. 4. Authorization to Maintain Our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2014/2015 at$.2000/1,000 Gallons. 5. Authorization to Establish Reclaim User Rate at $0.18598/1,000 Gallons to Consumers in Delray Beach, Boynton Beach, and South Central Regional for Fiscal Year 2014/2015. 6. Authorization to Establish Wastewater User Rate (O&M at $1.0739/1,000 Gallons and R & R Reserves at 0.20000/1,000 Gallons) to Delray Beach and Boynton Beach for Fiscal Year 2014/2015: 1.2739/1,1000 Gallons. DISCUSSION This item is before the City Commission to ratify the actions of South Central Regional Wastewater Treatment and Disposal Board (SCRTWD) at their Quarterly Meeting of July 17, 2014. RECOMMENDATION Recommend ratification of the action approved by the SCRWTD Board on July 17, 2014. ,5MATER Tq T a O 4 ci) as a� RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 2014 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 2014, by a vote of 5-0, gave ACCEPTED THE 201412015 WASTEWATER AND RECLAIM O&M BUDGETS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Qelary Beach Ratification 07-97-2094 AGENDA ITEM K1a South Central Regional Wastewater Treatment & Disposal Board Executive Summary FIY 2014-2015 WASTEWATER BUDGET The requested Operations and Maintenance (O&M) Budget for 2014/2015 is $6,271,493; which is 3.9% above last year's budget. A review of the past seven budget years indicates a relatively flat to slight increase in the total budgeted expenditures. This achievement has been a direct result of Board staff reviewing all process control related activities to increase plant efficiency while maintaining and decreasing the cost to the Board where possible. We are requesting a rate of$1.2739 for O&M and R&R Reserves ($.0428 above the rate of 201312014). Since the 2008/2009 budget year we have had an increase to the budget of$153,385 and the user rate has risen only 6.1% over this time (2008/2009 approved rate was $1.1971711000 gallons). 2014/2015 Budget $6,271,493.00 Seven Fiscal Year Average $6,016,616.00 57,044,o4o.oa v $6,500,000.04 $6,000,000-00 APPROVED BUDGET Q $5,500,000.00 -- _ -- Seven Fiscal Year Average $5,000,000.00 - 2008/2009 2010/2011 2412,/2013 201412015 Due to drier weather and the continued efforts of both cities to reduce the inflow and infiltration on their respective sewer systems we have experienced lower influent flows over the past few years. This has caused a decrease in revenue that has made it increasingly difficult to keep the user rate flat to the Cities of Boynton Beach and Delray Beach. INFLUENT FLOWS INFLUENTFLOWS Linear(IN FLU ENT FLOWS) 17 __.— — _._..._.....—.. --- ..... _ 16 o°O o°'4 oS', oa21 oSa o°4i O5 tD 0°1 0do o��A oy0 oyti o�L o� oytX oyl�' °��� ,yo ,yo do ,yo ,yo ,yo ,yo ,yo ,yo ,�o do South Central Regional Wastewater Treatment & Disposal Board A seven year look at the major line items related to the O&M Budget(over$250,000) is provided below. Wages: Line Item No. 9292 ' 2014/2015 Wages $1,068,738.00 Seven Fiscal Year Average $1,005,400.14 $1,100,aao.oa - 51,050,000.00 - $I,aaa,0aa.0a WAGES 4 Seven Fiscal Year Average $950,000.00 $900,000.00 2008/2009 2010/2011 2012/2013 2014/2015 Note: Budgeted wages 1990/1991 were $925,000. EPA minimal recommended staffing level in 1979 was 21 full-time employees (28 optimal). Currently we have 23 full-time employees. Pelletization Fees: Line Item No. 3409 2014/2015 Pelletization Fees $1,074,000.00 Seven Fiscal Year Average $922,620.00 $1,200,00x.00 $1,000,00000 I $8a0,000.00 w $000,000.00 — a $400,000.00 PELLETI2ATION FEES $200,000.00 Seven Fiscal Year Average OQ�i oy0 oy'y otiti Q�� QTR oyh �� �1� '��'r� �`� 1 Note: Full time startup occurred August 2009. The tipping fee has steadily increased. The total annual cost has remained fairly consistent due to the lower influent flows. We are producing a lower amount of biosolids. Electricity: Line Item No. 4300 2014/2015 Electricity $850,000.00 Seven Fiscal Year Average $933,735.71 $1,200,000.00 51,000,000.00 — $800,a0o.0o _ $000,000.00 - ELECTRICITY X Q $400,0170.00 Seven Fiscal Year Average i $200,000.00 2008/2009 201012011 2012/2013 2014/2015 Note: Reduction achieved through a review of all plant equipment and utilizing automation where possible. A conscientious effort to utilize equipment during non-peak FPL hours has resulted in lower energy cost. South Central Regional Wastewater Treatment & Disposal Board Injection Well Process: Line Item No. 4304 2014/2015 injection Well Process $583,791.00 Seven Fiscal Year Average $613,049.43 $700,000.00 - $650,000.09 _ s6oQ,000.00 — - S55a,aaa.aQ INJFCTION WELL PROCESS S500,000.00 Seven Fiscal Year Average Note: Full time startup occurred in April 20091Outfali closed. Chemicals: Line Item No. 5210 2014/2015 Chemicals $651,900.00 Seven Fiscal Year Average $738,557.14 QJ $1,000,309.00 l 89D,oao.aa -- $600.000.00 $430,000.00 __ .. _. CHEMICALS a 5zaa,aaa.aa $ Seven Fiscal Year Average ' Note: Slight reduction in chemical cost and automation of plant equipment Commercial Insurance: Line Item No. 4500 ..._...... 2014/2015 Commercial Insurance $240,660.00 Seven Fiscal Year Average $260,660.86 $280,000,00 X $240,300.00 - COMMERCIAL fNSURANCF a $22o,aaa.o0 - -- Seven Fiscal Year Average IV: 11)" IV Ile: IV` "V: Note: Insurance costs have remained relatively stable due to recent minimal hurricane activity. South Central Regional Wastewater Treatment & Disposal Board O&M SUMMARY In order to provide prospective on the current operating budget it is necessary to review the major events that the Board experienced over the last eight budget years. During the Fiscal Year 2008/2009 the Board completed two environmental-friendly capital projects, the Deep Injection Well and the Pelletization Facility. The positive environmental impact of these projects is that we no longer dispose of our effluent to the ocean and the ocean outfall has been closed; and our biosolids are no longer land-applied but recycled into Class AA biosolid pellets and sold to local fertilizer companies to be distributed commercially. Due to these projects, the public image of the Board is now one of a leader in environmental stewardship. In 2009 the Board was recognized by the Florida Department of Environmental Protection with an Operations Excellence Award for implementing these environmental-friendly changes well ahead of other utilities. As with most environmental friendly projects, there is a cost that has to be incurred. These two line items now account for approximately $1.7 million of the Operation & Maintenance Budget. In 2007/2008 before these projects were completed and placed in daily operation, the Board's approved O&M budget was $5207M. Our requested budget this year is set at $6.271 M; approximately $1.OM over the 2007/2008 budget year. However, when factoring in these two major line items and then comparing the budgets pre and post capital improvements it becomes apparent the Board has absorbed these major operating costs without major impact to the cities and has actually lowered the budget substantially since those improvements were made. The cost increase was absorbed through difficult budget cuts and looking at all aspects of plant operations to improve efficiency while not compromising quality of treatment or service to our customers. 2007/2008 Fiscal Year 2014/2015 Fiscal Year 2007/2008-2014/2015 Bud et Comparison O&M Budget $5,207,000.00 O&M Budget $ 6,271,493.00 2007/2008 Budget $5,207,000.00 2014/2015 Adjusted Pelletization Fee $ 1,074,000.00 Budget $4,813,702.00 Deep Injection Well Disposal Cost $ 583,791.00 Budget Comparison $ 593,298.00 Adjusted 2014/2015 O&M Budget $ 4,613,702.00 We are currently estimating that this current budget year 2013/2014 will have excess revenues over expenditures of approximately $200,000 to $300,000. Over the past five years, the Board has returned approximately $3,300,000 in excess revenue over expenditures to the Cities of Boynton Beach and Delray Beach. Board employees are scheduled to receive a merit increase of 3% in this upcoming fiscal year. By Board rules, employees are eligible for a merit increase of up to 6% annually. RECLAIM USER RATE/BUDGET The Reclaim O&M Budget for 2014/2015 is set at$1,115,884. Our User Rate for wholesale reclaim will decrease $0.01215 to $0.1859811,000. This rate is for Delray Beach and Boynton Beach. The revenue generated from the five original golf course participants in the Board reclaim program remains at $0.2011000 gal. This is due to a cost formula outlined in their original contract agreements with the Board that stipulates their rate cannot drop below that threshold. WASTEWATER RESERVE FOR REPAIR AND REPLACEMENT It is estimated as of June 30, 2014 we will have $22M in the Wastewater Reserve Account for Repair and Replacement, of that, approximately $1 M is un-committed. We recently committed expenditures of $ 1.8M for the replacement of the"B" plant clarifier mechanisms. The rate for Repair and Replacement is set at $0.200011,000 gallons. At this rate the Board will generate $1,168,000 at minimum flow. Last year's rate was set at$0.198511,000 gallons. The slight increase is due to including the deep injection well and the reclaim system expansion from 2009 in the R&R amortization schedule. The mechanical parts are starting on their fifth year after a one-year warranty. These facilities now have to be factored in this and future upcoming budgets. POTENTIAL CAPITAL PROJECTS None are planned at this time. AGENDA ITEM K1 b South Central Regional Wastewater Treatment and Disposal Board Salient Budget Changes 2014/2015 Projected Budget Budget Increase/ 2013/2014 2013/2014 2014/2015 (decrease) PERSONNEL SERVICES -TOTAL $ 1,750,900 $ 1,699,250 $ 1,777,038 $ 77,788 1212 Regular Wages $ 1,020,000 $ 1,024,750 $ 1,068,738 $ 43,988 3% Increase for Board Employees/20 %to Reclaim Wages. 1223-1 Dental Insurance $ 10,000 $ 9,700 $ 10,500 $ 800 Rate Increase 1221 Social Security/FICA $ 113,000 $ 113,000 $ 120,000 $ 7,000 Adjusted Due to Wage Increase. 1223 Health Insurance $ 222,600 $ 234,000 $ 251,000 $ 17,000 Adjusted Due to City of Boynton Beach Estimated 15% Increase. 1224 Workers Compensation Ins $ 34,000 $ 34,000 $ 32,000 $ (2,000) Estimated Decrease Per Insurer(Zenith) Based on Past Claims, 1236 Pension $ 126,000 $ 125,000 $ 136,000 $ 11,000 Adjusted Due to Wage Increase. SERVICES-TOTAL $ 1,720,300 $ 1,583,100 $ 1,675,300 $ 92,200 3120 Services (Gen &Admin) $ 31,000 $ 22,500 $ 30,000 $ 7,500 PLC Software Purchase 3409 Pelletization Fees-SWA $ 1,130,000 $ 999,000 $ 1,074,000 $ 75,000 Adjusted Upwards to Account for Smaller SWA Rebate. Potential Rate Increase. 3410 Sludge Hauling $ 229,700 $ 222,000 $ 228,000 $ 6,000 Contract with H&H Sludge Hauling CPI Adjustment 3200 Auditing $ 33,600 $ 33,600 $ 34,800 $ 1,200 Contractual Adjustment 3500 Services (Maintenance Serv) $ 60,000 $ 63,500 $ 66,000 $ 2,500 Lab Audit Requirement Salient Budget Changes ContV O&M -TOTAL $ 1,916,500 $ 1,916,845 $ 1,900,255 $ (16,590) 40000 Vehicle/Machinery Fuel $ 23,000 $ 21,500 $ 31,500 $ 10,000 Potential Fuel Increase 4100 Telephone, IT $ 16,000 $ 14,000 $ 15,000 $ 1,000 Ratelncrease 4500 Insurance $ 227,000 $ 265,010 $ 240,660 $ (24,350) Reduction in Comprehensive Insurance Package 4600 M&R Equipment $ 36,000 $ 31,000 $ 40,000 $ 9,000 Continued Comprehensive Maintenance Program 4620 Vehicles $ 8,500 $ 7,000 $ 9,000 $ 2,000 Routine Care 4303 Injection Well Process $ 665,000 $ 620,146 $ 583,791 $ (36,355) Due to Decrease in Reclaim User Rate. 4303 IRR/Process Reclaim Water $ 21,000 $ 14,464 $ 27,079 $ 12,615 Due to Increase in Reclaim Usage within Facility. 4902 License & Permits $ 17,000 $ 13,725 $ 16,225 $ 2,500 Operators Renewal Year 4630 M&R Grounds $ 11,000 $ 10,000 $ 12,000 $ 2,000 Sprinkler Repairs 4650 M&R Unspecified $ 10,000 $ 5,000 $ 10,000 $ 5,000 Unseen Repairs CHEMICAL/SUPPLIES-TOTAL $ 682,500 $ 701,000 $ 681,900 $ (19,100) CHEMICALS $ 600,000 $ 620,500 $ 596,900 $ (23,600) Automation Improving Overall Usage 5100 Office Supplies $ 9,000 $ 8,000 $ 9,000 $ 1,000 Rate Adjustment 5200 Safety Supplies $ 6,000 $ 6,000 $ 9,000 $ 3,000 Rate Adjustment 5251 Office Equipment<$500 $ 2,000 $ 1,000 $ 1,500 $ 500 Rate Adjustment OPERATING ASSETS $ 20,000 $ 20,000 $ 172,000 $152,000 Generator Modifications ENGINEERING $ 118,000 $ 110,000 $ 60,000 $ (50,000) Reduction in Upcoming Projects CONTINGENCY/INTEREST FEES $ 7,000 - $ 51000 $ 5,000 TOTAL BUDGET- $ 6,215,200 $ 6,030,195 $ 6,271,493 $241,298 South Central Regional Wastewater Treatment&Disposal Board AGFNDA FZ' MKfc WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 2011-2015 2011.2012 2012.2013 2013-2014 2013.2014 2014-2015 DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,551,845 $1,596,690 $1,750,900 $1,699,250 $1,777,038 OPERATING EXPENSES: 4,005,000 3,945,812 4,319,300 4,200,945 4,257,455 SERVICES(Legal,haufing,contracts) 1,448,593 1,495,608 1,720,300 1,583,100 1,675,300 OPERATIONSIMAINTENANCE 1,908,102 1,781,220 1,916,500 1,916,845 1,900,255 CHEMICALS/SUPPLIES 648,305 668,984 682,500 701,000 681,90C TOTALPERSONNELAND OPERATING EXPENSES 5,566,845 5,542,501 6,070,200 5,900,195 6,034,493 OPERATING CONTINGENCY 4,502 10,571 7,000 0 5,000 OPERATING ASSETS 0 22,665 20,000 20,000 172,000 ENGINEERING 83,598 141,535 118,000 110,000 60,000 TOTAL BUDGET $5,644,945 $5,717,272 $6,215,200 $6,030,195 $6,271,493 F/Y 1415 rate= $ 1.07389 Min flow mgd= 16.0000 avg flaw mgd- 16.5000 PERSONNEL ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 1212 REGULAR WAGES $ 981,958 $974,133 $1,020,000 $1,024,750 $1,068,738 12121 SICKIVACATION REDUCTIONS 63,044 64,084 55,000 55,000 55,000 1214 OVERTIME 61,781 86,279 130,000 61,000 61,000 12151 EMPLOYEE ASSIST.PROG- 520 347 1,000 1,000 1,000 1221 SOCIAL SECURITY 94,239 99,599 113,040 113,000 120,000 1223 HEALTH INSURANCE 153,366 169,435 222,600 234,000 251,000 12231 DENTAL INSURANCE 7,221 7,143 10,000 9,700 10,500 12232 DISABILITY INSURANCE 4,777 4,790 6,300 6,000 6,000 12233 LIFE INSURANCE 555 511 1,000 1,200 1,200 12234 VISION CARE 968 956 1,000 1,600 1,600 1224 WORKERS'COMPENSATION 25,138 26,795 34,000 34,000 32,000 1225 UNEMPLOYMENT 0 0 0 2,000 2,000 1236 PENSION 124,665 131,576 126,000 125,000 136,000 1237 DFF COMP SUP 32,715 30,171 30,000 30,000 30,000 1240 PAYROLL CONTINGENCY 898 871 1,000 1,000 1,000 TOTAL PERSONNEL SERVICES $1,551,845 $1,596,690 $1,750,900 $1,699,250 $1,777,038 Page 1 acct detail fy 2014-2015.xlsx South Central Regional Wastewater Treatment&Disposal Board AGENDA ITEM K1. WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 2011.2015 SERVICES ACCOUNT 2011-2012 2012-2013 2013.2014 2013.2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 3100 MEDICAL SLRVICES $170 $738 $1500 $1,500 $1,500 3110 LEGAL(GENERAL&ADM IN) 16,261 40,509 38,000 40,000 40,000 3120 SERVICES(G&A) 17,693 26,583 31,000 22,500 30,000 3200 AUDITING 35,231 32,500 33,600 33,600 34,800 3300 LAB PERMIT TESTI N G 22,842 25,463 25,000 30,000 30,000 3406 METER CALIBRATION 7,152 6,720 8,000 81000 8,000 3409 PELLETIZATION FEES-SUVA 942,008 948,299 1,130,000 999,000 1,074,000 "see note for actual 3410 SLUDGE HAULING 188,347 201,201 229,700 222.000 228,000 3411 GRIT HAULING 172,543 153,509 161,000 160,000 160,000 3412 TRASH HAULING -347 4,199 2,500 3,000 3,000 3500 SERVICES(Ops,Mafnt&Prof) 46,692 55,888 60,000 63,500 66,000 TOTAL SERVICES $1,448,593 $1,495,608 $1,720,300 $1,583,100 $1,675,300 " SWA Cost Rebate 0212011$59,263.62 SWA Cost Rebate 0212012$40,090.19 SWA Cost Rebate 04/2013$129,899.16 SWA Cast Rebate 02/2914$37,947.74 Page 2 acct detail fy 2014-2015.xlsx South Central Regional Wastewater Treatment&Disposal Board AGENDA ITEM KIc WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 21111-2015 OP ERATIONSIMAINTENANCE ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 4000 VEHICLE EXPENSE $ 9,110 $22,354 $23,000 $21,500 $31,500 4020 BOARD CONTINGENCY 2,380 3,925 5,000 4,000 4,090 4100 TELEPHONE 15,992 15,561 16,000 14,000 15,000 4102 POSTAGE 3,087 3,646 3,000 3,000 3,000 4300 ELECTRICITY 735,969 640,805 814,000 850,000 850,000 4302 WATER 10,550 13,113 14,000 12,000 12,000 4303 IRRIPROCESS RECLAIM WATER 10,079 15,774 21,000 14,464 27,079 4304 INJECTION WELL PROCESS 773,363 727,516 665,000 620,146 583,791 4400 EQUIPMENT RENTAL 2,578 1,298 2,000 2,000 2,000 4500 INSURANCE 210,290 223,647 227,000 265,010 240,660 4600 M&R EQUIPMENT 40,641 43,056 36,000 31,000 40,000 4620 M&R VEHICLES 24,241 5,909 8,500 7,000 9,000 4630 M&R GROUNDS 7,580 9,384 11,000 10,000 12,000 4640 M&R BUILDINGS 17,878 15,089 15,000 15,000 15,000 4650 M&R UNSPECIFIED 5,766 4,952 10,000 5,000 10,000 4900 ADVERTISING 103 2,833 3,000 3,000 3,000 4902 LICENSE 8,PERMITS 11,827 13,180 17,000 13,725 16,225 5400 MEMBERSHIP DUES&SUBSCRIPTIOI 9,897 6,550 10,000 10,000 10,000 5410 TECHNICAL TRAINING 10,559 11,068 15,000 15,000 15,000 5420 EDUCATIONAL EXPENSES 1,500 1,560 1,000 1,000 1,000 6400 CAPITAL ASSETS 4,713 0 0 0 0 TOTAL OPERATIONS/MAINT. $1,908,102 $1,781,220 $1,916,500 $1,916,845 $1,900,255 Page 3 acct detail fy 2014-2015.xlsx South Central Regional Wastewater Treatment&Disposal Board AGENDA ITEM K I c WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 2011-2015 CHEMICALS/SUPPLIES ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014.2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 5100 OFFICE SUPPLIES $ 7,275 $9,087 $9,000 $8,000 $9,000 5201 SAFETY SUPPLIES 5,074 12,577 6,000 6,000 9,000 5202 GENERAL OPERATING 8,833 8,855 10,000 10,000 10,000 5203 JANITORIAL SUPPLIES 1,120 1,414 3,000 3,000 3,000 5204 LABORATORY SUPPLIES 15,286 7,624 15,000 17,000 17,000 5210 CHEMICALS 567,080 601,051 600,000 620,500 596,900 5220 OIL, FUEL,LUBRICANTS 4,745 4,687 9,000 7,500 7,500 5225 DIESEL 28,637 12,645 15,000 15,000 15,000 5230 CONSTRUCTION MATERIALS 1,755 0 1,000 1,000 1,000 5240 UNIFORMS 7,524 7,340 8,000 8,000 8,000 5250 SMALL TOOLS <$500 613 2,338 2,500 2,000 2,000 5251 OFFICE EQUIPMENT<$500 334 1,366 2,000 1,000 1,500 5252 LAB EQUIPMENT<$500 30 0 2,000 2,060 2,000 5255 PLANT EQUIPMENT - 0 0 0 0 TOTAL CHEMICALS/SUPPLIES $648,305 $668,984 $682,500 $701,000 $681,900 OPERATING EXPENSES(SUMMARY) SERVICES $1,448,593 $1,495.608 $1,720,300 $1,583,100 $1,675,300 OPERATIONS/MAINTENANCE $1,908,102 $1,781,220 $1,916,500 $1,916,845 $1,900,255 CHEMICALS&SUPPLIES $ 648,305 $ 658,984 $ 682,500 $ 701,000 $ 681,900 TOTAL OPERATING EXPENSES $4,005,000 $3,945,812 $4,319,300 $4,200,945 $4,257,455 Page 4 acct detail fy 2014-2015.xisx South Central Regional Wastewater Treatment&Disposal Board AGENDA ITEM KI WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 2011-2015 OPERATING CONTINGENCY ACCOUNT 2011-2012 2012.2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 4990 OPERATING CONTINGENCY $0 $5,582 $2,000 $0 $5,000 4992 INTERESTIFEESIPENALTIES 4,502 $4,989 5,000 $0 $0 TOTAL OPERATING $4,502 $10,571 $7,000 $0 $5,000 CONTINGENCY OPERATING ASSETS ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 6400 OPERATING ASSETS $0 $22,665 $20,000 $20,000 $172,000 TOTAL OPERATING $0 $22,665 $20,000 $20,000 $172,000 CONTINGENCY ENGINEERING ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 3150 GENERAL $ 73,598 $141,197 $118,000 $110,000 $60,000 3160 BIOTOXICITY 0 0 0 0 0 3162 PRETREATMENT 10,000 338 0 0 0 3163 THERMAL SCREENING 0 0 0 0 0 TOTAL ENGINEERING $83,598 $141,535 $118,000 $110,000 $60,000 GRAND TOTAL BUDGET: $5,644,945 $5,717,272 $6,215,200 $6,030,195 $6,271,493 Extraordinary credits received $98,109 $ 40,090 $ 37,985 Actual expenditures= $5,743,054 $5,757,363 $6,253,185 Page 5 acct detail fy 2014-2015.x1sx AGENDA STEM Kle SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2014-2015 PERSONNEL ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 1212 REGULAR WAGES Base wages-23 Regular Employees;0 part-time 1,335,922 3 Administrative Reclaim 26{ 7 184) 3 Lab&pretreatment Wastewater $1,068,738 10 Operators(including Chief)+Holiday reg 7 Maintenance(including Chief) 0 Part-time $267,184 for Reclaim(20%man hours) 12121 SICK PAY REDUCTION Employees 96 hours sick pay 30,000 12122 VACA PAY REDUCTION Vacation up to 120 hours 25,000 1214 OVERTIME Shift coverage as required for plant operations. Employees working over 40 hours per week(excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 5,000 12143 Shift 1 Coverage 12,000 12144 Shift 2 Coverage 6,000 12145 Shift 3 Coverage 12,000 12146 Training 1,000 12148 Holiday Coverage 18,000 12149 LablPretreatment 3,000 12150 Special Projects 1,000 - --—— 61,000 12151 EMPLOYEE ASSISTANCE Board cost:$2.75 per employee per 1,000 PROGRAM month. Provides family counseling and referral services to employees and their families. Legal and financial consulting. 1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65% 120,000 MED[CARE Social Security-6.2% Medicare-1.45%. 1223 CIGNA Board cost per employee[23]is estimated @ 251,000 HEALTH INSURANCE (23 880)+(23"30) "12 mths City of Boynton Beach 12231 DENTAL INSURANCE Beard cost per employee[23]est @$36.00 monthly 10,500 FiTI NANCEwCRKSHT1Dudgetrfy214-20151acctdetaii fy2014-2015.x1sx Pagel of 7)1 X1201410:24 AM AGENDA ITEM Klc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2014-2015 PERSONNEL (cunt.) ACCT.NO. DESCRIPTION BUDGET 12232 DISABILITY INSURANCE Long term disability insurance provided 6,000 by the Board at approximately on 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides term life insurance. 1,200 12234 VISION CARE Employee vision plan$6 @ emp mthly 1,600 1224 WORKERS`COMPENSATION Cost per employee based on a 40 hour 32,000 base pay and claims rating-1+ annual audit 1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000 to claims received. 1236 PENSION Defined Board contribution based on 40 136,000 hours base pay for participants plus administrative fees. 1237 DEF COMP SUPPLEMENT Deferred camp 30,000 1240 PAYROLL CONTINGENCY 1,000 TOTAL PERSONNEL $1,777,038 FFTINANCEWORKSHTBudge14fy2014-20151acct detail fy2014-2015.xisx Page 2of9 7110f201410:24AM AGENDAIT MKIc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2014-2015 SERVICES ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals,drug screens&immunizations $1,500 3110 LEGAL SERVICES Attorney fees: 31101 Admin-Saberson $35,000 31103 Pension-Gray Robinson 5,000 ------------ 40,000 3120 SERVICES: 31201 Accounting&Bookkeeping 1,000 General&Administrative 31202 Computer Consultant&SIW Lic renewals 21,000 31205 Insurance Review 2,000 31206 Copier Maint,Contract 5,000 31207 Appraisal Fee(done 2010) 0 31208 Others 1,000 —-- — 30,000 3200 AUDIT FEES 32001 Annual Audit-GASB&Standards 34,800 (total$39,800-Reclaim=$5,000) 3300 LAB PERMIT TESTING Outside Lab Testing Services 30,000 3405 METER CALIBRATION Calibration of transmitters,totalizers, 8,000 FLORIDA SERVICE recorders,and flowmeter pump as required. 3409 SLUDGE PELLETVATION 19,000 Wet ton per year*est$56.54 1,074,000 Any additional related costs 3410 SLUDGE HAULING Haul to SWA Pelletization 19,000 tons*$12.00 228,000 transportation re-route when required. 3411 GRIT HAULING 85 trips @$1,477;27 trips @$1,272 160,000 3412 TRASH AND HAULING Tipping fee for trash hauling. Regular trash container. 3,000 3500 SERVICES: 35001 Centrifuge 10,000 Operations, Maintenance& 35002 Air Scrubbers Balancing-vibration testing 2,000 Professional 35003 Generators[3 units] 10,000 35004 Lawn Maintenance 14,000 35005 Admin. Building Cleaning 6,000 35006 LabEquipment-Calibration 2,000 35007 Sodium Generators 2,500 35008 Other 1,000 35009 Water Softener 1,000 35011 Lab Compliance Consultant 17,500 External Auditor for Lab$2,500 --------------- 66,000 TOTAL SERVICES $1,675,300 F:TINANCE WORKSHT1t3udge&V2014-20151acct detail fy 2014-2015.xlsx Page 3 of 9 7110/201410:24 AM AGENDA ITEV1 Klc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2014-2015 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS &SUPPLIES OPERATIONSIMAINTENANCE ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4000 VEHICLE EXPENSE Mileage reimbursement @ $0.565/mile(FED rate);Fuel for company vehicles golf carts,and gas powered equipment (Due to the fluctuating cost of fuel,we are estimating fuel) 40002 Mileage Reimbursement 500 40003 Fuel for VehiclestEquip 7,750 gal$4.00 31,000 --------------- $31,500 4020 BOARD CONTINGENCY Public relations,good will tours,floral arrangements or fruit baskets,cards for illnesses or funerals,and miscellaneous business expenses: 40201 Board Expense:Appreciation 1,000 40202 Board Expense: Meals 2,000 40204 Board Expense:Travel, Lodging 1,000 4,000 4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 15,000 including Fax,cellular phones and E-mailllnternetlwebsite 4102 POSTAGE U.S.Mail-Rate$.49 first classlEquipment lease 3,000 4300 ELECTRICITY 11,300,000 kw".075Ikw 850,000 Plant avg 16.0 mgd 4302 WATER CONSUMPTION Consumption of plant avg$4,000 @ mth"25% 12,000 (,75 est for reclaim portion=$36,000) 4304 INJECTION WELL PROCESS Anticipate 8.6 mg @ day @$0.1859811000=3,139 mgy 583,791 4303 IRRIPROCESS REUSE WATER Irrigation water cost.4 m gal/day @$.1859811000 27,079 4400 EQUIPMENT RENTAL Cranes,various equipment,and instru- 2,000 ments as required in maintenance and operations. 4500 INSURANCE EXPENSE 45001 General Professional Liability 54,000 45003 Employment Practices 1,600 45004 Fiduciary 2,000 45006 Petroleum Storage Tank 2,100 45007 Pollution Liability (3 yr policy 2012-2015) 12,660 45008 Commercial Property 155,000 45009 Boiler&Machinery 7,200 45011 Employee Dishonesty 6,100 ..................... 240,660 F,%FINANCE WORKSHDBudgeffy2e142Q154acctdetail fy 2414-2015.x1sx Page 4 of 9 71101201410:24 AM AGENDA ITEM ICI c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2014-2015 OPERATIONS/MAINTENANCE ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 4600 M &R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 Influent Building 1,000 46002 Aerators 1,000 46003 Blower Building 3,000 46004 Scrubbers 2,000 46005 Clarifier 1,000 46006 Return Building 1,000 46007 Solids Handling Building 4,000 46008 Hypochlorite 10,000 46009 EQBuilding 1,000 46010 Effluent Building 1,000 46011 Shop Building 1,000 46012 Office Building 2,000 46013 Dechlorination 1,000 46014 Miscellaneous (GMS) 10,000 46015 Operators Office 1,000 0 $40,000 Annual repairs for vehicles: 4620 M&R VEHICLES 46200 Company Vehicles 2,000 46201 Tractor 1,000 46202 Ottawa-Off road trailer 1,000 46203 Service Carts 3,000 46204 Boom Lift 1,000 46205 Other 1,000 ------------------ 9,000 4630 M&R GROUNDS Landscaping,sprinkler systems, retention 12,000 ponds,piping,fertilizer.etc. 4640 M&R BUILDINGS Painting, Repair or replacement of doors, 15.000 screens, locks,windows,ceiling tiles,bulbs electrical,plumbing,and lighting. 4650 M&R UNSPECIFIED Funds for emergency or unidentfied 10,000 equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING Advertisement and legal ad allowance 3,000 related to plant operation or bids and public notices. F:IFINANCE WORKSH7ISudgetVy2014 40151acctdetaH fy 2014-2015.xlsx Page 5&9 711 012 014 10'24 AM Acr-,NDA rTEM KIc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2014-2015 OPERATIONS/MAINTENANCE ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4902 LICENSES AND PERMITS 16,225 STATE Professional&Operators license&renewal 412015 2,000 Operating Permit 7,500 Storage Tank 200 Depart of Health-Lab(pd through 2014) 1,000 1 0,700 PALM BEACH COUNTY Air Pollution Licenses 1,000 Wellfield Permit 100 Storm Water 500 Tags on Trucks 100 Wastewater-Dept of Health 2,800 4,500 CITY&SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage 0 Special District Fee 175 Other 850 1,025 5400 MEMBERSHIP DUES AND Dues-Professional organizations 10,000 SUBSCRIPTIONS Professional Registration and licenses,journals and subscriptions. FWEA=$7,500-8,000 5410 TECHNICAL TRAINING CPEs required for lic renewal per FLDEP Lab Technical, and Quality Assurance Short Schools; Personnel Seminars and technical conferences;computer classes 54101 Conferences 5,000 54102 Meals 1,000 54103 Travel&Lodging 4,000 54104 CEU courses 5,000 -----------—---— 15,000 5420 EDUCATIONAL EXPENSES Classes,books&fees. 1,000 TOTAL OPERATIONSIMAINT. $1,900,255 F:AFINANCE WORKSHTABUdget%fy2014-2015tacct detail Fy 2014-2015.xlsx Page 6 cf 9 7/10/2014 10:24 AM AGENDA rFENI K le SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2014-2015 OPERATING EXPENSES: SERVICES- MAINTENANCE; CHEMICALS & SUPPLIES CHEMICALS AND SUPPLIES ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 5100 OFFICE SUPPLIES Copier paper,stationery,printer ink cartridges 9,000 business cards,check printing, general office supplies,&necessities. 5201 SAFETY SUPPLIES Gloves, protective glasses,face shields, 9,000 hearing protection, overboots,ear-plugs, muffs,emergency eye wash,cartridge respirators, gas cartridge,sterile storage bags for resp- irators,disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators,chemicaf spill absorb- ents,oil sorbent,liquid chemical neutralizers, barricade tape, hazardous materials response kit,salvage drum,diffusion detector tubes, signs, labels,tags,first aid supplies,fire extinguishers and accessories,hazardous area lights,emergency small tools,safety charts,books. 5202 GENERAL OPERATING Operating supplies, raingear,hard-hats, 10,000 SUPPLIES boots,drager tubes,gloves, hoses, fire hoses, chart pens,charts, DO meters, sludge jugs,flags,coffee supplies,water cooler supplies, batteries,hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES Mops,brooms,paper goods,brushes,all 3,000 necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 17,000 Reagents,glassware,replacement of equip- ment,apparatus. Lab supplies consumed by Process testing done in house.Plus NELAC 5210 CHEMICALS 52101 Polymer:455,000 Ibs @ .98 lb 446,000 52103 c12 Sodium Hypo 12%.@$.825 Gal 32,000 26,000 52105 Misc.Chemicals-Bisulfite,Sulfuric etc 10,000 52106 Caustic 30,000 gal @$2.50 @ gal 75,000 52108 Salt 1,400 tons @$114.00*25%** 39,900 —Plant=$114.00*350 tons -———— - 596,900 F:TINANCEWORKSH7\Butlget5fy2014-2Q15lacct detail fy2014-2015.x1sx Page 7of9 7110/201410,24 AM AGENDA ITENI Klc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2014-2015 CHEMICALS AND SUPPLIES(cont.) ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5220 OIL,GAS,GREASE, AND Misc gas,grease,oil and lubricants for pumps 7,500 LUBRICANTS and mowers 5225 DIESEL FUEL Diesel fuel for generator 15,000 5230 CONSTRUCTION MATERIAL Walkways,signs,fencing, rails,platforms, 1,000 small shelters,concrete,etc. Additional office and storage units. 5240 UNIFORMS Provides five(5)new sets of uniforms for 8,000 employee per year. Basis cost of$200.00 each. Approved protective safety shoes: $100($200) employee per year(potential of two pairs due to environment). 5250 SMALL TOOLS AND Hand tools,drills,bits,files,small toolboxes, 2,000 EQUIPMENT PURCHASE electrical equipment,and small maintenance tools<$750.00 value. 5251 OFFICE EQUIPMENT Filing cabinets,chairs,calculators,adding 1,500 machines,office mats,shelves,printers, tables<$750.00 value. 5252 LAB EQUIPMENT Small equipment x$750 00 2,000 5255 PLANT EQUIPMENT Equipment used to maintain grounds/buildings 0 TOTAL CHEMICALS AND $681,900 SUPPLIES FIFINANCE WCRKSHTSudgeBfy2 0 1 4-20151acct detail fy 2014-2015.x1sx Page 8 of 9 7110!2014 1024 AM AGENDA rrF M Klc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2014-2015 OPERATING CONTINGENCY ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $5,000 4992 BANK FEESIPENALTIES Items which are exceeded during the budget $0 year. Status of this Fund to be reported to Board. OPERATING ASSETS ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 6400 OPERATING ASSETS To be utilized for Plant Operation slMaintenance $15,000 Generator#1&2 emissions upgrades to comply with EPA Standard $150,000 Lab Autoclave Replacement 1 $7,000 $172,000 ENGINEERING ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 3150 GENERAL 31501 GenerallPermitAssistance $60,000 3162 PRE-TREATMENT FLDEP Permit(Mathews Consulting) $0 3163 THERMAL SCREENING Scan every 2 years $0 [Performed 2011-2012 through insurance carrier] TOTAL ENGINEERING $60,000 GRAND TOTAL BUDGET: $6,271,493 rate= $ 1.0739 Min flow= 16.00000 UY budget= $6,030,195 Incl(Dec)= $241,298 F,FINANCE WORKSHT�Budget1fy2014-20151acct detail fy2014-2015.x1sx Page 9 of 9 7710201410:24 AM AGENDA lT£M Klc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS &MAINTENANCE BUDGET F!Y 2014-2015 ACCOUNT NO. DESCRIPTION 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL ACTUAL PROJECTED BUDGET BUDGET R 1212 REGULAR WAGES $168,246 $237,324 $250,000 $256,000 $267,184 R 31101 LEGAL 0 1,500 1,700 2,000 2,000 R 31502 ENGINEERING 0 49,336 38,970 60,000 10,000 R 32001 AUDIT 5,000 5,000 5,000 5,000 5,000 R 3402 TESTING 21,134 27,511 27,000 92,285 45,000 R 3406 METER CALIBRATION 2,617 2,562 3,000 3,000 3,000 84630 SERVICES (LAWN MAINT) 8,366 8,314 10,000 10,000 10,000 R 43000 FUEL FOR VEHICLES 1,000 1,044 1,000 1,000 5,000 R 4300 ELECTRICITY 398,614 359,356 392,587 425,000 425,000 R 45001 INSURANCE 32,000 32,000 32,000 32,000 32,000 R 46014 M& R EQUIPMENT 8,415 13,393 6,000 8,000 8,000 R 4640 M & R BUILDING 3,541 408 1,000 1,000 1,000 R 4902 LICENSES&PERMITS 0 0 0 0 0 R 5204 SUPPLIES LAB 10,837 14,949 16,000 17,000 17,000 R 52103 CHEMICALS 258,432 182,147 252,800 276,500 280,700 DIESEL 0 0 - 0 5,000 TOTAL BUDGET: $918,204 $934,843 $1,037,057 $1,188,785 $1,115,884 acct detail fy 2014-2015L"'X Page 1 of 1 711012014 10:03 AM AGENDA iTENI K l[c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET F!Y 2014-2015 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET R 1212 REGULAR WAGES Reclaim charged(20%) $267,184 work related to reclaim R 31101 LEGAL Attorney fees associated with 2,000 reclaim R 31502 ENGINEERING Engineering fees 10,000 R 32001 AUDIT Audit fees for reclaim 5,000 R 3402 TESTING Costs associated for lab fee 45,000 R 3406 METER CALIBRATION Calibration of transmitters, 3,000 totallizers,recorders as required R 4630 SERVICES -Ground Cost incurred for maintenance 10,000 of grounds associated with reclaim R 40003 FUEL FOR VEHICLES Fuel for monitoring of reclaim 5,000 &Golf Course servicelmeter reading R 4300 ELECTRICITY 5,700,000 kwh*.0751kwh 425,000 (kwh.075 avg) R 45001 INSURANCE Property liability package for 32,000 reclaim covered under plant policy R 46014 M&R EQUIPMENT Annual repair items for reclaim 8,000 pumps&equipment in-plant R 4640 M&R BUILDINGS Cost incurred for repair of reclaim 1,000 buildings R 4902 LICENSE&PERMITS Cost for State&local reclaim 0 permits R 5204 LAB SUPPLIES Lab supplies consumed for 17,000 testing required by FLDEP &NELAC Specific for Reclaim R 52103 CHEMICALS Sodium Hypochlorite- 280,700 GF Line item= 52108 est salt 1,050 tons @$114.per ton 119,700 4300 est$36,000 water for production 36,000 4302 est electric for production 1,650,000kw 125,400 R 5225 DIESEL Reclaim Generator 5,000 TOTAL BUDGET: $1,115,884 (16.5 mgd est)approx.6000 mg annual= rate 0.18598 Prior FIY 2013-2014 0.19813 6000 MGY -0.01215 acct detail fy 2014-2015_xlsx Page 1 Of 1 700201410,04 AM South Central Regional Wastewater Treatment&Disposal Board AGE MA[TEM K WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 2011-2015 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,551,845 $1,596,690 $1,750,900 $1699,250 $1,777,038 OPERATING EXPENSES 4,005,000 3,945,812 4,319,300 4200,945 4,257,455 SERVICES(Legal,hauling,ccntracts) 1,448,593 1,495,608 1,720,300 1583,100 1,675,300 OPERATIONS/MAINTENANCE 1,908,102 1,781,220 12916,500 1916,845 1,900,255 CHEMICALS/SUPPLIES 648,305 668,984 682,500 701,000 681,900 TOTAL PERSONNEL AND OPERATING EXPENSES 5,556,845 5.542,501 6,070,200 5900.195 6,034,493 OPERATING CONTINGENCY 4,502 10,571 7,000 0 5,000 OPERATING ASSETS 0 22,665 20,000 20,000 172,000 ENGINEERING 83,598 141,535 118,000 110,000 60,000 --------------------- --------------------- ---------------------- --------------------- -------------------- TOTAL BUDGET $5,644,945 $5,717,272 $6,215,200 $6,030,195 $6,271,493 F1Y 14.15 rate= $ 1.07389 Min flaw mgd= 16.0000 avg flow mgd- 18.5000 PERSONNEL ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 1212 REGULAR WAGES $ 981,958 $974;133 $1,020,000 $1,024,750 $1,068,738 12121 SICKfVACATION REDUCTIONS 63,044 64,084 55,000 55,000 55,000 1214 OVERTIME 61,781 86,279 130,000 61,000 61,000 12151 EMPLOYEE ASSIST. PROG. 520 347 1,000 1,000 1,000 1221 SOCIAL SECURITY 94,239 99,599 113,000 113,000 120,000 1223 HEALTH INSURANCE 153,366 169,435 222,600 234,000 251,000 12231 DENTAL INSURANCE 7,221 7,143 10,000 9,700 10,500 12232 DISABILITY INSURANCE 4,777 4,790 6,300 6,000 6,000 12233 LIFE INSURANCE 555 511 1,000 1,200 1,200 12234 VISION CARE 968 956 1,000 1,600 1,600 1224 WORKERS'COMPENSATION 25,138 26,795 34,000 34,000 32,000 1225 UNEMPLOYMENT 0 0 0 2,000 2,000 1236 PENSION 124,665 131,576 126,000 125,000 136,000 1237 DEF COMP SUP 32,715 30,171 30,000 30,000 30,000 1240 PAYROLL CONTINGENCY 898 871 1,000 1,000 1,000 TOTAL PERSONNEL SERVICES $1,551,845 $1,596,690 $1,750,900 $1,599,250 $1,777,038 Page 1 acct detail fy 2014-2015.xlsx South Central Regional Wastewater Treatment&Disposal Board AGENDA 17EM K WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 2011-2015 SERVICES ACCOUNT 2019-2012 2012-2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 3100 MEDICAL SERVICES $170 $738 $1,500 $1,500 $9.500 3110 LEGAL(GENERAL&ADMIN) 16,251 40,509 38,000 40,000 40,000 3120 SERVICES(G&A) 17,693 26,583 31,000 22,500 30,000 3200 AUDITING 35,231 32,500 33,600 33,600 34,800 3300 LAB PERMIT TESTING 22,842 25,463 25,000 30,000 30,000 3406 METER CALIBRATION 7,152 6,720 8,000 5,000 8,000 3409 PELLETIZATION FEES-SVVA 942,008 948,299 1 130 000 999,000 1,074,000 "see mote for actuai 3410 SLUDGE HAULING 188,347 201,201 229,700 222,000 228,000 3411 GRIT HAULING 172,543 153,509 161,000 160,000 150.000 3412 TRASH HAULING -347 4,199 2,500 3,000 3,000 3500 SERVICLS(Ops, Maint&Prof} 46,692 55,888 60,000 63,500 66;000 TOTAL SERVICES $1,448,593 $1,495,608 $1,720,300 $1,583,100 $1,675,300 ** SVea 0ost Rebate C22}11$59263.62 SVvA Cost Rebate 022012$40.050.13 SUb.4 Gost Rebate 34;2013$'29,899 16 SVVA Cos[Rebate 02 2014$37 947.74 Page 2 acct detail fy 2014-2015.xlsx South Central Regional Wastewater Treatment&Disposal Board .AGENDA ITEM KTc WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 2011-2015 OPERATIONSIfiIIAINTENANCE ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 NO_ DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 4000 VEHICLE EXPENSE $ 9,110 $22,354 $23,000 $21,500 $31,500 4020 BOARD CONT{NGENCY 2,380 3,925 5,000 4,000 4,000 4100 TELEPHONE 15.992 15,561 16,000 14,000 15,000 4102 POSTAGE 3,087 3,646 3,000 3,000 3,000 4300 ELECTRIC17Y 735,969 640,805 814,000 850,000 850,000 4302 WATER 10,550 13,113 14,000 12,000 12,000 4303 IRRIPROCESS RECLAIM WATER 10,079 15,774 21,000 14,464 27,079 4304 INJECTION WELL PROCESS 773,363 727,516 665,000 520,146 583,791 4400 EQUIPMENT RENTAL 2,578 9,298 2,000 2,000 2,000 4500 INSURANCE 210,290 223,647 227,000 265,010 240,660 4600 M&R EQUIPMENT 40,641 43,056 36,000 31,000 40,000 4620 M&R VEHICLES 24,241 5,909 8,500 7,000 9,000 4630 M&R GROUNDS 7,580 9,384 11,000 10,000 12,000 4640 M&R BUILDINGS 17,878 15,089 15,OOC 15,000 15,000 4650 M&R UNSPECIFIED 5,766 4,952 10,000 5,000 10,000 4900 ADVERTISING 103 2,833 3,000 3,000 3,000 4902 LICENSE&PERMITS 11,827 13,180 17,000 13,725 16,225 5400 MEMBERSHIP DUES&SUBSCRIPTIOI 9,897 6,550 10,000 10,000 10,000 5410 TECHNICAL TRAWNG 10,559 11,068 15,000 15,000 15,000 5420 EDUCATIONAL EXPENSES 1,500 1,560 1,000 1,000 1,000 6400 CAPITAL ASSETS 4,713 0 0 0 0 TOTAL OPERATIONS/YMAINT. $1,908,102 $1,781,220 $1,916,500 $1,916,845 $1,900,255 Page 3 acct detail fy 2014-2015.xlSx South Central Regional Wastewater Treatment&Disposal Board AGE\T]A FFF,YI KIc WASTEWATER OPERATIONS 8,MAINTENANCE BUDGETS 2011-2015 CHEMICALSISUPPLIE5 ACCOUNT 2011-2092 2012-2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 5100 OFFICE SUPPLIES 5 7,275 $9,087 $9,000 $8,000 $9,000 5201 SAFETY SUPPLIES 5,074 12,577 6,000 6,000 9,000 5202 GENERAL OPERATING 8,833 8,855 10,000 10,000 10,000 5203 JANITORIAL SUPPLIES 1,120 1,414 3,000 3,000 3,000 5204 LABORATORY SUPPLIES 15,286 7,624 15,900 17;000 17,000 5210 CHEMICALS 567,080 601,051 600,000 620,500 596,900 5220 OIL, FUEL, LUBRICANTS 4,745 4,687 9,000 7,500 7,500 5225 DIESEL 28;637 12,645 15.000 15,000 15,000 5230 CONSTRUCTION MATERIALS 1,755 0 1,000 1,000 1,000 5240 UNIFORMS 7,524 7,340 8,000 8,000 8,000 5250 SMALL TOOLS <$500 613 2,338 2,500 2,000 2,000 5251 OFFICE EQUIPMENT<$500 334 1,366 2,000 1,000 1,500 5252 LAB EQUIPMENT<$500 30 0 2,000 2,000 2,000 5255 PLANT EQUIPMENT - 0 0 0 0 TOTAL CHEMICALS/SUPPLIES $648,305 $668,984 $682,500 $701,000 $681,909 OPERATING EXPENSES(SUMMARY) SERVICES $1,448,593 $1,495,608 $1,720,300 $1,583,100 $1,675,300 OPH_RATIONSIMAMTENANCE $1,908,102 $1,781,220 $1,916,500 $1,916,845 $1,900,255 CHEMICALS&SUPPLIES $ 648,305 $ 668,984 $ 682,500 $ 701,000 $ 681,900 TOTAL OPERATING EXPENSES $4,005,000 $3,945,812 $4,319,300 $4,200,945 $4,257,455 Page 4 acct detail fy 2014-2015.xlsx South Central Regional Wastewater Treatment&Disposal Board AGEVDA ITEM Klc WASTEWATER OPERATIONS&MAINTENANCE BUDGETS 2011-2015 OPERATING CONTINGENCY ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 4990 OPERATING CONTINGENCY $0 $5,582 $2.000 $0 $5,000 4992 1NTERESTIFEES/PENALTIES 4,502 $4,989 5,000 $0 $0 TOTAL OPERATING $4,502 $10,571 $7,000 $0 $5,000 CONTINGENCY OPERATING ASSETS ACCOUNT 2011-2012 2012-2013 2013-2014 2413.2014 2014-2015 NO- DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 6400 OPERATING ASSETS $0 $22,665 $20,000 $20,000 $172,000 TOTAL OPERATING $0 $22,665 $20,000 520,000 $172,000 CONTINGENCY ENGINEERING ACCOUNT 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 N0. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 3150 GENERAL $ 73,598 $141,197 $118,000 5110,000 $60,000 3160 BIGTOXICiTY 0 0 0 0 0 3162 PRETREATMENT 10,000 338 0 0 0 3163 THERMAL SCREENING 0 0 0 0 0 --------------------- --------------------- ---------------------- ------- ------------ ------------------- TOTAL ENGINEERING $83,598 $141,535 $118,000 $110,000 $60,000 GRAND TOTAL BUDGET: $5,644,945 $5,717,272 $6,215,200 $6,030,195 56,271,493 Extraordinary credits received $98,109 $ 40,090 $ 37,985 Actual expenditures= $5,743,054 $5,757,363 $6,253,185 Page 5 acct detail fy 2014-2015.xlsx AGENDA rFEIvt Kic SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD P[Y 2014-2015 PERSONNEL ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 1212 REGULAR WAGES Base wages-23 Regular Employees;0 part-time 1,335,922 3 Administrative Reclaim 26( 7 184) 3 Lab&pretreatment Wastewater $1,068,738 10 Operators(including Chief)+Holiday reg 7 Maintenance(inciuding Chief) 0 Part-time $267,184 for Reclaim(20%man hours) 12121 SICK PAY REDUCTION Employees 96 hours sick pay 30,000 12122 VACA PAY REDUCTION Vacation up to 120 hours 25,00( 1214 OVERTIMI= Shift coverage as required for plant operations. Employees working over 40 hours perweek(excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 5,000 12143 Shift 1 Coverage 12,600 12144 Shift 2 Coverage 6,000 12145 Shift 3 Coverage 12,000 12146 Training 1,000 12148 Holiday Coverage 18,000 12149 Lab/Pretreatment 3,000 12150 Special Projects 1,000 ---------- - 61,000 12151 EMPLOYEE ASSISTANCE Board cost:$2.75 per employee per 1,000 PROGRAM month. Provides family counseling and referral services to employees and their families. Legal and financial consulting. 1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65% 120,000 MEDICARE Social Security-6.2% Medicare-1.45%. 1223 CIGNA Board cost per employee[23]is estimated @ 251,000 HEALTH INSURANCE (23 1880)+(23*3D) *12 mths City of Boynton Beach 12231 DENTAL INSURANCE Board cost per employee[23]est @$36.00 monthly 10,500 FIFINAyCE WCRKSH7\Budget1fy2014-20151acct detail fy 2014-2015.xlsx Pagel of 9 71101201410.21 AM AGENDA FI ENt K is SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2014-2015 PERSONNEL (cont.) ACCT.NO. DESCRIPTION BUDGET 12232 DISABfLITY INSURANCE Long term disability insurance provided 6,000 by the Board at approximately on 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides term life insurance. 1,200 12234 VISION CARE Employee vision plan$6 @ emp mthly 1,600 1224 WORKERS'COMPENSATiCN Cost per employee based on a 40 hour 32,000 base pay and claims rating-1+annual audit 1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000 to claims received. 1235 PENSION Defined Board contribution based on 40 136,000 hours base pay for particfpants plus administrative fees. 1237 DEF COMP SUPPLEMENT Deferred comp 30,000 1240 PAYROLL CONTINGENCY 1,000 TOTAL PERSONNEL $1,777,03$ FAFINANCE WORKSHPBudgehty2014-20151acct detail ty 2014-2015xlsx Page 2&9 771012014 10:24 AM AGHNDA 1'I ctiI K l c SOUTH CE NTRAL REGIOMAL WASTEWATER TREATisziENT AND DISPOSAL BOARD FIY 2 0 1 4-20'i 5 SERVICES ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals,drug screens&immunizations $1,500 3110 LEGAL SERVICES Attorney fees: 31101 Admin-Saberson $35,000 31103 Pension-Gray Robinson 5,000 --------------- 40,000 3120 SERVICES: 31201 Accounting&Bookkeeping 1,000 General&Administrative 31202 Computer Consultant&SM Lic renewals 21,000 31205 Insurance Review 2,000 31206 Copier Maint.Contract 5,000 31207 Appraisal Fee(done 2010) 0 31208 Others 1,000 30,000 3200 AUDITFEES 32001 Annual Audit-GASB&Standards 34,800 (total$39,800-Reclaim=$5,000) 3300 LAB PERMIT TESTING Outside Lab Testing Services 30,000 3406 METER CALIBRATION Calibration of transmitters.totalizers, 8,000 FLORIDA SERVICE recorders,and flowmeter pump as required. 3409 SLUDGE PELLETIZATION 19,000 Wet ton per year*est$56.54 1,074,000 Any additional related costs 3410 SLUDGE HAULING Haul to SWA Pelletization 19,000 tons*$12.00 228,000 transportation re-route when required. 3411 GRIT HAULING 85 trips @$1,477;27 trips @$1,272 160,000 3412 TRASH AND HAULING Tipping fee for trash hauling. Regular trash container. 3,000 3500 SERVICES: 35001 Centrifuge 10,000 Operations, Maintenance& 35002 Air Scrubbers Balancing-vibration testing 2,000 Professional 35003 Generators[3 units] 10,000 35004 Lawn Maintenance 14,000 35005 Admin. Building Cleaning 6,000 35006 Lab Equipment-Calibration 2,000 35007 Sodium Generators 2,500 35008 Other 1,000 35009 Water Softener 1,000 35011 Lab Compliance Consultant 17,500 External Auditor for Lab$2,500 ------ --- 66,000 TOTAL.SERVICES $1,675,304 FIFINANCE WORKSHTV9ucfget1fy20 1 4-2 01 51acct detail`y2014-2015..xlsx Page 3 of 9 7/1012914 10:24 AM AGENDA ITEM K I c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2014-2015 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS &SUPPLIES OPERATIONS/MAINTENANCE ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 4000 VEHICLE EXPENSE Mileage reimbursement @ $0.565/mile(FED rate);Fuel for company vehicles golf carts,and gas powered equipment (Due to the fluctuating cost of fuel,we are estimating fuel) 40002 Mileage Reimbursement 500 40003 Fuel for Vehicles/Equip 7,750 gal$4.00 31,000 ----------- $31,500 4020 BOARD CONTINGENCY Public relations,good will tours,floral arrangements or fruit baskets,cards for iilnesses or funerals,and miscellaneous business expenses: 40201 Board Expense:Appreciation 1,000 40202 Board Expense: Meals 2,000 40204 Board Expense:Travel, Lodging 1,000 ---------------- 4,000 4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 15,000 including Fax,celluar phones and E-maildnternet/website 4102 POSTAGE U.S. Mail-Rate$.49 first class/Equipment lease 3,000 4300 ELECTRICITY 11,300,000 kw*.0751kw 850,000 Plant avg 16.0 mgd 4302 WATER CONSUMPTION Consumption of plant avg$4,000 @ mth*25% 12,000 (.75 est for mclaim portion=$36,000) 4304 INJECTION WELL PROCESS Anticipate 8.6 mg @ day @$0.18598/1000=3,139 mgy 583,791 4303 IRRIPROCESS REUSE WATER Irrigation water cost A m gal/day @$.18598!1000 27,079 4400 EQUIPMENT RENTAL Cranes,various equipment,and instru- 2,000 ments as required in maintenance and operations. 4500 INSURANCE EXPENSE 45001 General Professional Liability 54,000 45003 Employment Practices 1,600 45004 Fiduciary 2,000 45006 Petroleum Storage Tank 2,100 45007 Pollution Liability (3 yr policy 2012-2015) 12,660 45008 Commercial Property 155,000 45009 Boiler&Machinery 7,200 45011 Employee Dishonesty 6,100 ...................... 240,660 F:%FINA NCB'VORKSHT1Budget\fy2014-2Gl51acctde(ai[fy 2014-2915.Asx Page of 7fi0 1410:24 AM AGENDA ITEM Klc SOUTH CENTRAL REGION!AL WASTEANATER TREATIVIEL IT AND DISPOSAL BOARD FIY 201 1-20'1 S OPERATIONSWAINTENANCE ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 4600 M&R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 ,Influent Building 1,000 46002 Aerators 1,000 46003 Blower Building 3,000 46004 Scrubbers 2,000 46005 Clarifier 1,000 46006 Return Building 1,000 46007 Solids Handling Building 4,000 46008 Hypochlorite 10,000 46009 EQ Buiiding 1,000 46010 Effluent Building 1,000 46011 Shop Building 1,000 46012 Office Building 2,000 46013 Dechlorination 1,000 46014 Miscellaneous (GMS) 10,000 46015 Operators Office 1,000 0 $40,000 Annual repairs for vehicles: 4620 M &R VEHICLES 46200 Company Vehicles 2,000 46201 Tractor 1,000 46202 Ottawa-Off road trailer 1,000 46203 Service Carts 3,000 46204 Boom Lift 1,000 46205 Other 1,000 --------- 9,000 4630 M &RGROUNDS Landscaping, sprinkler systems,retention 12,000 ponds,piping,fertilizer,etc. 4640 M&R BUILDINGS Painting,Repair or replacement of doors, 15,000 screens,locks,windows,ceiling tiles,bulbs electrical,plumbing,and lighting. 4650 M &R UNSPECIFIE=D Funds for emergency or unidentified 10,000 equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING Advertisement and legal ad allowance 3,000 related to plant operation or bids and public notices. F'VFINANCE W0RKSHTVBudgefy2014-20151acct detail fy 2014-2015xlsx Page 5 Of 9 Tl10f2014 90:24 AM AGENDA FM--M K I c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2014-2015 OPERATIONSIMAINTENANCE ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4902 LICENSES AND PERMITS 16,225 STATE Professional&Operators license&renewal 4!2015 2,000 Operating Permit 7,500 Storage Tank 200 Depart of Health-Lab(pd through 2014) 1,000 10,700 PALM BEACH COUNTY Air Pollution Licenses 1,000 Wellfield Permit 100 Storm Water 500 Tags on Trucks 100 Wastewater-Dept of Health 2,800 4,500 CITY&SPECIAL DISTRICT Solid Waste AssessmenVLake Worth Drainage 0 Special District Fee 175 Other 850 1,025 5400 MEMBERSHIP DUES AND Dues-Professional organizations 10,000 SUBSCRIPTIONS Professional Registration and Jcenses,journals and subscriptions. FWEA=$7,500-8,000 5410 TECHNICAL_TRAINING CPEs required for lic renewa{per FLDEP Lab Technical,and Quality Assurance Short Schools;Personnel Seminars and technical conferences;computer classes 54101 Conferences 5,000 54102 Meals 1,000 54103 Travel&Lodging 4,000 54104 CEU courses 5,040 - — — - 15,000 5420 EDUCATIONAL EXPENSES Classes, books&fees. 1,000 TOTAL OPERATIONSIMAINT. $1,900,255 F:AFI NANCE WORKSHT1Budget1fy2614-7015lacotdetail ty 2014-2015,x1sx Page of 71101201410:24 AM AGENDA FIE NI Klc SOUTH CENTRAL REGl V41ASTE`NATER TREATMENT AiND DISPOSAL BOARD FIY 2014-2015 OPERATING EXPENISES. SERVICES, MAINTENANCE; CHENKALS & SUPPLIES CHEMICALS AND SUPPLIES ACCT. NO. ACCOUNT TITLE DESCRIPTIOPI BUDGET 5100 OFFICE SUPPLIES Copier paper,stationery,printer ink cartridges 9,000 business cards,check printing, general office supplies,&necessities. 5201 SAFETY SUPPLIES Gloves,protective glasses,face shields, 9,000 hearing protection,overboots,ear-plugs, muffs,emergency eye wash, cartridge respirators, gas cartridge,sterile storage bags for resp- irators,disinfection systems for respirators, fittest ampoules,respirator storage cabinets, disposal respirators,chemical spill absorb- ents,oil sorbent,Liquid chemical neutralizers, barricade tape,hazardous materials response kit,salvage drum,diffusion detector tubes, signs,labels,tags,first aid supplies,fire extinguishers and accessories, hazardous area lights,emergency small tools,safety charts,books. 5202 GENERAL OPERATING Operating supplies,raingear, hard-hats, 10,000 SUPPLIES boats,dragertubes,gloves, hoses, fire hoses, chart pens,charts, DO meters, sludge jugs,flags,coffee supplies,water coolersupplies,batteries,hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES Mops,brooms,papergoods, brushes,all 3,000 necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 17,000 Reagents,glassware,replacement of equip- ment,apparatus. Lab supplies consumed by Process testing done in house.Plus NELAC 5210 CHEMICALS 52101 Polymer:455,000 Ibs @ .98 lb 446,000 52103 c12 Sodium Hypo 12%.@$.825 G2132,000 26,000 52105 Misc.Chemicals-Bisulfite, Sulfuric etc 10,000 52106 Caustic 30,000 gal @$2.50 @ gal 75,000 52108 Salt 1,400 tons @$114.00'25%** 39,900 **Plant=$114,00*350 tons — ----- 596,900 F',IFI NANCE WCRKSHT12udgetVy2014-20151acc1 detail fy 2014-2015.xlsx Pagel of 711 W01410.24 AM AGENDA F EIM Klc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2014-2015 CHEMICALS AND SUPPLIES cont. ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5220 OIL,GAS,GREASE, AND Misc gas,grease, ail and lubricants for pumps 7,500 LUBRICANTS and mowers 5225 D{ESEL FUEL Diesel fuel for generator 15,000 5230 CONSTRUCTION MATERIAL Walkways,signs,fencing, rails;platforms, 1,000 small shelters,concrete,etc. Additional office and storage units. 5240 UNIFORMS Provides five(5)new sets of uniforms for 8,000 employee per year. Basis cost of$200.00 each. Approved protective safety shoes: $1C0($200) employee per year(potential of two pairs due to environment). 5250 SMALL TOOLS AND Hand tools,drills,bits,tiles,small toolboxes. 2,000 EQUIPMENT PURCHASE electrical equipment, and small maintenance tools<$750.00 value. 5251 OFFICE EQUIPMENT Filing cabinets,chairs, calculators,adding 1,500 machines, office mats,shelves,printers, tables<$750.00 value. 5252 LAB EQUIPMENT Small equipment<$750.00 2,000 5255 PLANT EQUIPMENT Equipment used to maintain grounds/buildings 0 TOTAL CHEMICALS AND $681,900 SUPPLIES =---------- F9FINANCE WORKSH71Budgeivy2014-2015},acrt detail fy 2014-2015.xisx Page 8 cf 9 71101201410:24 AM AGENDA TM'vl IC I c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 12014-2015 OPERATING CONTINGENCY ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $5,000 4992 BANK FEES/PENALTIES items which are exceeded during the budget $0 year. Status of this Fund to be reported to Board. OPERATING ASSETS ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 6400 OPERATING ASSETS To be utilized for Plant Operations/Maintenance $15,000 Generator#1&2 emissions upgrades to comply with EPA Standard $150,000 Lab Autoclave Replacement $7,000 $172,000 ENGINEERING ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3150 GENERAL 31501 GenerallPermitAssistance $60,000 3162 PRE-TREATMENT FLDEP Permit(Mathews Consulting) $0 3163 THERMAL SCREENING Scan every 2 years $0 [Performed 2011-2012 through insurance carrier] TOTAL ENGINEERING $60,000 GRAND TOTAL BUDGET: $6,271,493 rate= $ 1.0739 Min flow= 16.00000 i budget= $6,030,195 Inc/(sec}_ $241,298 F\FINANCE wORKSHTSSudgetlfy2O l4-29151acct detail fy.2014-2915.xisx Page of 7!1&2014 10,24 AM AGENDA ITEM K I c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS&MAINTENANCE BUDGET FIY 2014-2016 ACCOUNT NO. DESCRIPTION 2011-2012 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL ACTUAL PROJECTED BUDGET BUDGET R 1212 REGULAR WAGES $168,246 $237,324 $250,000 $256,000 $267,184 R 31101 LEGAL 0 1,500 1,700 2,000 2,000 R 31502 ENGINEERING 0 49,336 38,970 60,000 10,000 R 32001 AUDIT 5,000 5,000 5,000 5,000 5,000 83402 TESTING 21,134 2T511 27,000 92,285 45,000 R 3406 METER CALIBRATION 2,617 2,562 3,000 3,000 3,000 84630 SERVICES (LAWN MAINT) 8,366 8,314 10,000 10.000 10,000 R 43000 FUEL FOR VEHICLES 1,000 1,044 1,000 1,000 5,000 R 4300 ELECTRICITY 398,614 359,356 392,587 425,000 425.000 R 45001 INSURANCE 32,000 32,000 32,000 32,000 32,000 R 46014 M & R EQUIPMENT 8,415 13,393 6,000 8,000 8,000 84640 M & R BUILDING 3,541 408 1,000 1,000 1,000 R 4902 LICENSES& PERMITS 0 0 0 0 0 R 5204 SUPPLIES LAB 10,837 14,949 16,000 17,000 17,000 852103 CHEMICALS 258,432 182,147 252,800 276,500 280,700 DIESEL 0 0 - 0 5,000 TOTAL BUDGET: $918,204 $934,843 $1,037,057 $1,188,785 $1115,884 a==I deisu ry 2414-2015 A- Page 1 of 1 711 7201410:0 AM AGENDA ITEM Klc SOUTH CENTRAL. REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FIY 2014-2015 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET R 7212 REGULAR WAGES Reclaim charged(20%) $267,184 work related to reclaim R 31101 LEGAL Attorney fees associated with 2,000 reclaim R 31502 ENGINEERING Engineering fees 10,000 R 32001 AUDIT Audit fees for reclaim 5,000 R 3402 TESTING Costs associated for lab fee 45,000 R 3406 METER CALIBRATION Calibration of transmitters, 3,000 totaliizers, recorders as required R 4630 SERVICES -Ground Cost incurred for maintenance 10,000 of grounds associated with reclaim R 40003 FUEL FOR VEHICLES Fuel for monitoring of reclaim 5,000 &Golf Course servicelmeter reading R 4300 ELECTRICITY 5,700,000 kwh*.075Ikwh 425,000 (kwh.075 avg) R 45001 INSURANCE Property liability package for 32,000 reclaim covered under plant policy R 46014 M&,R EQUIPMENT Annual repair items for reclaim 6,000 pumps&equipment in-plant R 4640 M&R BUILDINGS Cost incurred for repair of reclaim 1,000 buildings R 4902 LICENSE&PERMITS Cost for State&,local reclaim 0 permits R 5204 LAB SUPPLIES Lab supplies consumed for '97,000 testing required by FLDEP &NELAC Specific for Reclaim R 52103 CHEMICALS Sodium Hypochlorite- 280,700 GF!ine item= 52108 est salt 1,050 tons @$114.per ton 119,700 4300 est$36,000 water for production 36,000 4302 est electric for production 1,650,000kw 125,000 R 5225 DIESEL Reclaim Generator 5,000 TOTAL BUDGET: $1,115,884 (16.5 mgd est)approx.6000 mg annual= rate 0.18598 Prior FIY 2013-2014 0.19813 6000 MGY -0.01215 acct detail fy 2014-2015.xl.x Page 1 of 1 71101201410:04 AM ATER Y 1 o r D' 1 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 2014 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 2014, by a vote of 5-0, gave AUTHORIZATION TO REPLACE THE FOLLOWING SECTION XVI "EMPLOYMENT OF RELATIVES" OF THE BOARD RULES TO READ: SECTION 1. In accordance with Section 112.3135, Florida Statutes, a public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the Board in which he/she is serving or over which he/she exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in the Board if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the Board, who is a relative of the individual. A person who is a relative of a Board official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department/division, if the related Board official or employee is, or would be the person's supervisor or would exercise any authority or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any authority or control over or otherwise regulate the duties and responsibilities of the related Board official or employee. An employment decision that results in the hiring of a relative of another Board employee must be in compliance with the Florida State Law on Nepotism. This rule is intended to eliminate hiring practices that result in conflicts of interest, favoritism, or the appearance of impropriety. Delary Beach Ratification 07-17-2014 AUTHORIZATION TO REPLACE THE FOLLOWING SECTION XVI "EMPLOYMENT OF RELATIVES" OF THE BOARD RULES TO READ CONT'D: SECTION 2. FOR PURPOSES OF THIS RULE: A. "Public official" means an officer, or employee of the Board, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in the Board; and "Relative" as used herein, means a person who is related by blood, marriage or adoption, as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, step-father, step-mother, step-son, step-daughter, step- brother, step-sister, half-brother, half-sister, or domestic partner. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Delary Beach Ratification 07-17-2014 ATER 7R o�P�a� LU r J RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 2014 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 2014, by a vote of 5-0, ACCEPTED THE 209412015 ORGANIZATIONAL CHART AND SALARY RANGES. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Delary Beach Ratification 07-17-2014 J c � \ � 0 - U ° LU 0 \ / / ^ \ c \ / / LU / _ ± 2 e z < 0 \ / @ ƒ \ % � \ \ < \ I © a § \ mow E / ? . 0 \ § § \ � K < E ❑ , uo e u0E � 2 < _ O / D¢ CL 1-4 § / D / § » ca 74 74 tun) § / Z LU Z O \ } \ LU . 2 a2 U \ \ o / < u UA r g L � e 0 u UJ x z 22 N ` \ \ j \ 6 M ¥ 2 = z ± / \ & e U \ / . -i \ \ \ \ O 0 \ ® < Lu 0 � � LL < ® Q LU / \ < L \LU LU \ / / j \ ± \ 2 re � § 2 / O § 7 u LU \ / ` $ \ » x 2 / § W Lu » U \ j / LU M 0 \ 0 \ e I \ K § / / \ o / \ L < \2 \ \ / o / / / \ \ / Y CAD OD N ti O W r Q oo W N CO r T T Ll7 Q N LU 'r Lo Lo (D (D ti 0) z r I I I I I I I t 04 E-L o °Q m o IL M M M It � Q m EM p 4 Q O O 0 O CO I®ZI O CD Q Q Q Co O O 0 a- � I l I I 1 1 1 1 f63 ® O a° °a O O O °O ® g) O C) O Q O 0 O o LU Lo Q 7 Q C,4 z z o° o o °o °D °o °o C) � I Z � - � U Q � � LO LO � co (D m Om 0 I I I I I I I I 0 0 0 0 0 0 o a � Q O O O O O o O CD a �' CD O vi G N C L{] b° >- N C) co co In co J q a < a a ® U I- O Go U O o z IW c y r. z O w }- z Z F- N QI— � Q z � onz Q O < `� z LLI 0-1¢ _O U .� Q z " Q z F- z o Q b zw (L Z - z U - Cn JO w z U z < Y LU LLB - U � LU O w0 LLI a p � �' 4 a- E L U a- U Cf LL w U e J w w O O O w m Q ~ w w z o av xQ w = = z a ® m O LL J Of U U m LL T Ids Y Ix LLJ ® a Q G� ° _ _ _ > > Q � A5�V ATEA per' yam\ � � Q 2� ago RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 2014 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 2014, by a vote of 5-0, gave AUTHORIZATION TO MAINTAIN OUR RECLAIM USER RATE FOR HUNTERS RUN, COUNTRY CLUB OF FLORIDA, QUAIL RIDGE, DELRAY DUNES AND PINE TREE FOR FISCAL YEAR 201412015 AT$.200011.000 GALLONS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Delary Beach Ratification 07-97-2094 AGENDA ITEM K1 0 N � m O U 0 N u7 6 u7 LC] LL N 0 Q7 m LL D aJ D Q m �? 4 O Cl 0 �- N F, Z 0 0 o D o D 64 m d3 U D U Q Cn � r N LCJ r TO m N O m fl O N -zr CO [P V N C0 O v OO V O `'- try D 00 o O) 00 m O O LO m LCJ N m N O co r N N O N O U-j to r V p a p O O O Q Qj co d C,4 co co � Q N O L TO CD CO - co CD D N f� r-_ C4 N r N O O N no to T LC) N m C'4 Q ❑ r N p U rp b p LL C O O O DL LL C/j D fA m Q D US Ir Q — Q O M O O M 0,3 COD 60? [6 N Q1 co N O co r LC] J Lo O N OLO co m O r 0 LC] m U') CD co r r L (0 0 0 6J O_ O_ Q O ❑ O U` O CD O O N X0 co N _ U 9 - 7 � O O L O O � � p .. E "�D Q C Q QQ3 N O LL 3 p J 0 r0 O LO O d V co O cli ❑" O ED O 6mi O ti U Q aJ p= p a) Cl) co d' co Co � .� m CN O N _ O Q1 E C G%O O V m � C14 CD x A Q N O y=+ N r C cc O Q D m -0 Lo LL L D ' D [� v m C4 'L4 r ,D., 05 CL j jC yr ❑ L ld , al a3 H � U rn m In U E!Y O -0 .� w co 76 0 a w U v EP m C O LU m O " N ❑ O o c v � z U a- � n CL Q RTER o � iu C 2uyJ'S( �^c�Q RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 2014 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 2014, by a vote of 5-0, gave AUTHORIZATION TO ESTABLISH RECLAIM USER RATE AT$0.9859811,000 GAL TO CONSUMERS DELRAY BEACH, BOYNTON BEACH AND SOUTH CENTRAL REGIONAL FOR FISCAL YEAR 201412015, WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Delary Beach Ratification 07-17-2014 AGENDA ITEM K3 South Ceat a9 Regiona� 'A'ast:rwater Treatni enk and Disc saQ Board RECLAIM USER Rya E ®>PER6 AT1®uN9 & MAINTENANCE Fr( 2014-20'15 Original Retail Customers (1.3 billion gallyear) City of Boynton Beach (est 120 million gal/year- .3 mgd * 365) City of Delray Beach (750 million gal/year) [Delray Muni,Hamlet,Delaire,Lakeview, Misc] SCRWWTP (Deep Well = 3650 million gal/year) (process = 146 million gal/year) Total = 6000.0 mg annual (16.5 mgd est average flow) (using 1,3,5,7 and 10 year influent averages) Projected budget Reclaim O&M = $1.115,884 Total flaw through reclaim facility MG 6000.00 L/12014-2015 Rate = $0.18598 User Flov'fs RATE Revenue Original Retail Customers 1.3 billion gal/year 0.20/1000 gal $ 260,000 80% of use storage tank, at SCR 1.04 billion gal/year (4 courses $.08 surcharge) $ 83,200 City of Boynton Beach 120 million gal/year 0.18598 $ 22,318 City of Delray Beach: 750 million gal/year 0.18598 $ 139,485 SCRWWTP Deep Well 3139 million gal/year 0.18598 $ 583,728 Process @ .4 mgd 146 million gal/year 0.18598 $ 27,153 $ 1,115,884 Due to higher rate to retail customers (including storage charge)SCR anticipated (i3O) well flow of 10.0 rngd-adjusted to 8.6 mgd to balance reclaim budget&allocate to General Fund Exp (ever)/under Rev See RetaillSurcharge acct detail fy 2074-2015.xlsx Page 9 of 1 7/1p/2C 14 1 0:44 AM -Tv.wATEl? o �4 6 � RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 20'14 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 2014, by a vote of 5-0, gave AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE (O&M AT $1.073919.000 GAL AND R&R RESERVES AT $0.200011.000 GAL) TO DELRAY BEACH AND BOYNTON BEACH FOR FISCAL YEAR 201412015:. 1.273911,000 GAL WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Detary Beach Ratification 07-17-2014 AGENDA ITEM [C.2 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS REPAIR & REPLACEMENT RESERVES FUND USER RATE & PROJECTED REVENUES F/Y 2014-2015 RAVE O&M. Budget $6,271,493 $1.073911,0001gal O & M $0.200011,000/gal Reserves $1.2739/1.000/aal Total ___$1-231 111 I F/Y 2013-2014 Rate OPERATIONS & MAINTENANCE PROJECTED FLOW RATE INCOME MINIMUM 16.0 mgd $1.073911,0001 al $6,271,493 AVERAGE 16.5 mgd $1.073911,000/gal $6,467,563 MAXIMUM 17.0 mgd $1.0739/1,0001gal $6,663,550 RESERVES FOR REPAIRS & REPLACEMENT PROJECTED FLOW RATE INCOME MINIMUM 16.0 mgd $0.200011,0001 al $1,168,000 AVERAGE 16.5 mgd $0.2000/1,000/gal $1,204,500 MAXIMUM 17.0 mgd $0.2000/1,0001gal $1,241,000 R&R Rate from Amortization done 0512012 Previous rate for R&R was $.1985 effective FN 2013-2014. acct detail fy 2014-2015.xlsx Page 1 of 1 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: July 31, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 CONTRACT CLOSEOUT(CO NO. 1/FINAL)/COASTAL CONTRACTING&DEVELOPMENT, INC. BACKGROUND On November 19, 2013, Commission approved a bid award (Bid #2014-02) in the amount of $58,422.50 to Coastal Contracting & Development, Inc., for the construction of new concrete sidewalks at several locations throughout the City, to include clearing and grubbing, grading and sodding swales. Community Improvement, Neighborhood Services Division, provided the funding for the construction of concrete sidewalks along the following three (3) streets: - NW 4th Street—NW 8th Avenue to NW 5th Avenue - SW 4th Street— SW 8th Avenue to SW 5th Avenue - SW 5th Avenue—From SW 2nd Street north to approximately 330 feet to existing sidewalk Change Order No. 1/Final, in the net contract reduction amount of$9,067.66, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. This complies with Code of Ordinances, Chapter 36, Section 36.06, "Change Orders (A)(2)Within the Scope of Work". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission is to approve and ratify the Contract Closeout (CO#1)/Final) in the net contract reduction amount of($9,067.66) and a final payment amount of$2,467.74 to Coastal Contracting & Development, Inc. for completion of the Sidewalks FY 2013 Project #13-071; per Code of Ordinances, Chapter 36, Section 36.06, "Change Orders (A)(2)Within the Scope of Work". TIMING OF THE REQUEST This item is time sensitive; contractor cannot be paid final payment for completion of project until approved by Commission and the final change order is fully executed. RECOMMENDATION Staff recommends approval of a Contract Closeout (CO#1/Final) in the net contract reduction amount of ($9,067.66) and a final payment amount of$2,467.74 to Coastal Contracting & Development, Inc. for completion of the Sidewalks FY 2013 Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final(Contract Closeout) PROJECT NO. 13-671 DATE: PROJECT TITLE: Sidewalks FY-13 TO CONTRACTOR: Coastal Contracting&Development,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule"A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 58,422.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 58,422.50 COST OF CONSTRUCTION CHANGES THIS ORDER ($.9,06.7.66) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $49,354.84 PERCENT DECREASE THIS CHANGE ORDER -15.52% TOTAL PERCENT DECREASE TO DATE -15.52% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Coastal Contracting&Development,Inc. (Contractor to sign&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A - No Funding is Required DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental Services Cary D. Glickstein,Mayor ATTEST: APPROVED: By: City Attorney City Clerk S.TngAdrnin\Projects12013113-071 made file 12-5-1310FEICUD-kgenda Item.Pocs C04I Final Co'w. l Contras Sidewatks FY13 GC 0519141C01 Final Coastal Contracting Si4ewa14 FYI GC 081914.docx SCHEDULE"A" TO CHANCE ORDER NO.1/FINAL(CONTRACT CLOSEOUT) COASTAL CONTRAC'T'ING&DEVELOPMENT,INC. SIDEWALKS FY-13 - PROJECT NUMBER 13-071 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT NO. EST. ACTUAL EXTENDED QUANT ADJ. Qom, UNIT PRICE TOTAL Qom, UNIT PRICE TOTAL PRICE t!- 1 Mobilization LS 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 $ 3,000.00 $ 2 Maintenance of Traffic LS 1 $ 3,500.00 $ 3,500.00 1 $ 3,500.00 $ 3,500.00 $ 3 Clearing&Grubbing LS 1 $ 2,500.00 $ 2,500.00 1 $ 2,500.00 $ 2,500.00 $ 4 Concrete Sidewalk 4"thick LF 730 $ 28.75 $ 20,987.50 816 $ 26.75 $ 23,460.00 $ 2,472.50 5 Concrete Sidewalk 6"Thick LF 220 $ 30.00 $ 6,600.00 150 $ 30.00 $ 4,500.00 $ (2,100.00) 6 Type D Curb LF 170 $ 17.00 $ 2,890.00 165 $ 17.00 $ 2,BD5.0D $ (85.00 7 Sawcut Joints LF 60 $ 5.DO $ 300.00 0 $ 5.00 $ - $ 300.00 8 Curb Ramps with Tactile Surface-ADA FDOT Rainp SY 20 $ 120.00 $ 2,400.00 5 $ 120.00 $ 600.00 $ (1,3G0.00) 9 Relocate F11 EA 1 $ 2,500.DO $ 2,500.00 1 $ 2,500.00 $ 2,500.00 $ - 10 Swale Grading&Soddin g SY 830 $ 4.50 $ 3,735.00 920 $ 4.50 $ 4,140.00 $ 405.00 11 Asbuilt Drawings LS 1 $ 1,000.00 $ 1,000.00 1 $ 1,DDO.00 $ 1,000.00 $ - 12 Landsca in Allowance LS 1 $ 2,000.00 $ 2,000.00 0 $ 2,000.00 $ - $ (2,OD0.00 13 Utility Allowance LS 1 $ 1,500.00 $ 1,500.00 D $ 1,500.00 $ - $ (1,500.00) 14 Video Allowance LS 1 $ 5DO.00 $ 500.D0 1 $ 500.OD $ 500.00 $ Contingency Allowance-Cost for irrigation modifications required to relocate irrigation away from 15 sidewalk area and align in a fashion so that irrigation LS 1 $ 5,000,00 $ 5,000.00 0.1680 $ 5,00100 $ 839.84 $ (4,160.16) does not spray across new sidewalk.Approved by ESD Director 05/07/14 16 bdeoutfication LS 1 $ 10.00 1$ 10.00 1 1 $ 10,00 1 $ 10.00 $ TOTAL ORIGINAL CONTRACT AWARD $58,422.50 $49,354.84 $ (9,067.66) Original Contract Award $58,422.50 Previously Approved Changes $0.00 Total Award/Approved to Date $58,422.50 Final Contract to Date $49,354.84 CHANGE ORDER NO. 11 FINAL $ 9,067.66 Page 1 of 1 K.W. 4TH I L N.W. 3RD TERR. ST. a c ¢ J N $T. W TE VI ¢ L Z ST. N,w. 3RD ST. EL L�l lj[] I WW ¢ y 4 Q 2141) 5. MARTIN LUTHER KING JR. DRIVE o � z ¢ 4 yy F z N.W. 1ST ST. z 3 3 3 � i z �i 3 3 __j I L---J L--- 77ILE - z z z z z T E q 4 C) N N 1 "1 1 j "L-1 "I 1 11 1 u T S.W. 1ST SW 1S7 ST ST. Al o _ a Ul zz Ull LH § H N N O N� a_ S.W. S. O V1 VI V7 VI F- N � N V TERR. v' F o � a rSA 3RD ST. C) � w �� n ¢ CID 3R r'] O N S. 4TH T. Ll L-1 2 S.W. 4TH CITY of DELRAY BEACH SIDEWALKS 2013 DAiE:07/24/20f4 c �d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP Fi��IJAME j S O@ 434 SOUTH MWONAYEHRE,MJiAY BEACH FLORDA38444 W 4TH ST,NW 4TH STAND SW 5TH AVE 2013-071 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Kevin G. Rumell, Fleet Superintendent Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 INCREASE SPENDING LIMIUMASTER AUTO BODY BACKGROUND The City Garage has used a number of collision repair shops to repair City vehicles over the years. Having experienced inferior, unsatisfactory repairs and poor service in the past, the City Garage has actively sought to refine the selection of collision shops that provide the quality of repairs and timely service that we require. On a rotation basis, we are currently using three local Delray Beach collision shops that have met our standards and provide the service that we require. The Risk Management Department, which handles the processing of collision repair invoices as well as insurance subrogation processes, has retained an independent accident damage appraisal company that provides an independent damage cost appraisal. Master Auto Body is one of the three collision repair shops currently being utilized by the City Garage that has agreed to perform collision repairs and refinishing processes at the amount stipulated from our independent appraisal report. In the current fiscal year, the City of Delray Beach has experienced an unusually high number, more than 30, auto and truck accidents resulting in body shop repairs. In the case of Master Auto Body, several vehicles have been sent there recently for body shop repairs. We make earnest attempts to comply with the $25,000 threshold dictated in the Purchasing Ordinance, it can sometimes be challenging to comply in circumstances where we do not know the cost of a given repair until after we have assigned the repair job to a vendor and receive the repair appraisal. Master Auto Body is rapidly approaching the $25,000 threshold. To date during the current fiscal year, the City of Delray Beach has spent $20,666 in body shop repairs at Master Auto Body. A typical collision repair is usually between $1,000 and$3,500. In accordance with Code of Ordinances, Chapter 36, Section 36.03 (B), which requires Commission approval for multiple acquisitions from a vendor exceeding $25,000 in any Fiscal Year, City Commission is requested to increase the spending limit to $35,000 for the repairs to City of Delray Beach vehicles to Master Auto Body. Based on the volume of damaged vehicles that have required repair in the current year, it is anticipated that this $35,000 threshold will provide funding for body shop repairs with this vendor through the balance of the year. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. The Risk Management third party review of prices meets the three quotes requirement. DISCUSSION The item before Commission is to approve an increase to the spending limit to $35,000.00 for Master Auto Body. TIMING OF THE REQUEST This request is time sensitive in providing funding for required body shop repairs with this vendor through the balance of the current fiscal year. FUNDING SOURCE Funding is available from 501-3311-591-52.52 (Garage Fund: Operating Supplies/C.G. — Outside Service). 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I NLQ 1p WWtD 1D lO 1D 1D 1D 1D 1D 1010 W W W W LD lfl fx 010 1 m IQ 1 A 'z I UoC, O'N,mm,O r-I NL,61C-MN0)0101Nri C14 z G I Ol N Ln(N ilo C-M LO fn o•tl1 C-V'V14)01[,101.n r-I PC O.w I W Ei 1 MM 0010 r-I 1OV1mMr-I'cN'd+V1M611D10C,r-I Ln C.�i 4Yi•d 1 Fi I V VI M M M M M N N N N N N M 0000 C1�GLU 1 pa I Oo00O000000000000000 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Kevin G.Rumell,Fleet Superintendent Jim Schmitz,Deputy Director Public Works Randal Krejcarek,Environmental Services Director THROUGH: Terry Stewart,Interim City Manager DATE: July 18,2014 SUBJECT: AGENDA ITEM R.D.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RETROACTIVE APPROVAL OF PRIOR PURCHASES/MACMiLLAN OIL COMPANY BACKGROUND Consider a recommendation to retroactively approve prior purchases with Macmillan Oil Company which have exceeded$25,000,approve a recommendation for additional expenditures with Macmillan Oil Company utilizing the current State of Florida Bulk Fuel,Gasoline and Diesel Contract,and approve an expenditure limit for FY 2014 to $1,450.000 for the purchase of bulk fuel for City of Delray Beach vehicles and equipment. The City of Delray Beach maintains three fuel sites that are used for the majority of vehicle refueling.Site 1 is located at Public Works where we have capacity for 10,000 gallons of Gasoline and 5,000 gallons of Diesel Fuel,and this site is used by every department in the City;Site 2 is located at Fire Station#3 with a capacity for 2,000 gallons of Diesel Fuel and is used primarily to refuel Fire Rescue Apparatus and Ambulances;and Site 3 is located at the Police Department with a capacity for 11,000 gallons of Gasoline,and is used exclusively by the Police Department for refueling their vehicles. In FY 2012-2013,the City of Delray Beach purchased 80,963 gallons of Diesel Fuel and 304,862 gallons of Gasoline to provide fuel to these three fuel sites.Additionally,fuel is also purchased from Macmillan Oil Company by the Municipal Golf Courses and by ESD Utility Maintenance for the Water Treatment Plant and for backup generators located at lift stations throughout the City.In FY 2012-2013,the City of Delray Beach spent$1,344,020.74 on fuel purchases through Macmillan Oil Company.For FY 2014 to date,the City has spent$975,347.16 with Macmillan Oil Company. The City utilizes State Contract#405-000-10-1 for Bulk Fuel,Gasoline,and Diesel Fuel,which was recently renewed on July 1,2014 and is effective through June 30,2016. The Florida Department of Management Services maintains a website with the complete contract information,and publishes a daily fuel pricing index report at: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor information/state contracts and agreements/state term contracts/bulk fuel gasolme_and_diesel The daily fuel pricing index report used by the Florida Department of Management Services is a product that is published by an independent company,DTN FastRacks,TM which provides terminal-specific pricing delivered after the price is in effect,with continuous updates 24 hours a day.The full-blown reports show each supplier's price along with price summaries or averages covering over 550 unique products offered by all suppliers at more than 1,200 terminals in more than 360 cities in the US and Canada.More than that,the information in DTN FastRacks is put through some of the most rigorous quality control checks and reviews in the industry. The contract divides the State of Florida into four districts:North,Wester,Central and Southern.Each district has vendors to whom the contract is awarded as shown on attachments"District Map"and"Price Sheets".Macmillan Oil is the lowest priced vendor within the Souther District,which includes Palm Beach County. The State Contract price sheet stipulates the vendor markup allowed per gallon for fuel deliveries.Each and every fuel delivery invoice is carefully reviewed by Fleet Maintenance staff to assure that the pricing is correct and matches the daily price index and contract markup price. In accordance with Code of Ordinances,Chapter 36,Section 36.02(C)(7),City Commission is requested retroactively approve prior purchases with Macmillan Oil Company, to approve the utilization of Macmillan Oil Company through the price agreement contract entered into with the State of Florida,and an expenditure limit for FY 2014 to $1,450.000 for the purchase of bulk fuel for City of Delray Beach vehicles and equipment. Fiscal Year 2013 purchases with Macmillan Oil Company totaled$1,344,020.74. Year to date for Fiscal Year 2014 is$975,347.16: Macmillan Oil Company FY 2013 FY 2014(to Date) Expenditure Total $1,344,020.74$975,347.16 FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before City Commission is to retroactively approve prior purchases with Macmillan Oil Company;approve the utilization of Macmillan Oil Company through the price agreement contract entered into with the State of Florida;and approve an expenditure limit for FY 2014 to$1,450,000 for the purchase of bulk fuel for City of Delray Beach vehicles and equipment. TIMING OF THE REQUEST FUNDING SOURCE Funding is available from 501-3311-591-52.51(Garage Fund:Operating Supplies/C G Inventory Fuel). RECOMMENDATION Fleet Maintenance recommends retroactive approval. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve chose who serve Florida CERTIFICATION OF CONTRACT TITLE: Bulk Fuel, Gasoline and Diesel CONTRACT NO.: 405-000-10-1 ITB NO.: 21-405-000-X EFFECTIVE: July 1, 2014 through June 30, 2016 CONTRACTOR(S): American Homegrown Fuel Corporation (A) G. W. Hunter, Inc. (A) J. V. Gander Distributors, Inc. (A) L. V. Hiers. Inc. (M) Macmillan Oil Company. (0) Mansfield Oil Company LLC. (A) Petroleum Traders Corporation (A) A. AUTHORITY— Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT—This contract was entered into to provide economies in the purchase of Bulk Fuel, Gasoline and Diesel by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS—All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State, and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE —Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS—Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature (date) CFLORIDA DEPARTMENT OF MANAGEMENT SERVICES MS state purchasing We serve chose who serve Florida CONTRACT ADMINISTRATOR NAME: Karla Dixon TELEPHONE: (850) 487-2304 E-MAIL: Karla.Dixon(a-dms.myfIorida.com FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve chose who serve Florida AMENDMENT NO. 1 Renewal No. 1 State Term Contract 405-000-10-1 Bulk Fuel, Gasoline & Diesel This Amendment No. 1 (Amendment), is effective July 1, 2014, to the State Term Contract for Bulk Fuel, Gasoline & Diesel, No. 405-000-10-1, effective between the State of Florida, Department of Management Services (Department) and J. V. Gander Distributors, Inc. (Contractor). Department and Contractor are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein. WHEREAS the Contract was originally entered on July 1, 2009 with the Contractor for the provision of gasoline and diesel, and is scheduled to expire on June 30, 2014; and WHEREAS upon mutual agreement, the Department and the Contractor agree to amend the Contract, in accordance with section 4.26 Renewal; and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1.0 Contract Amendment: Pursuant to sections 4.26 and 5.2 of the State Term Contract, Contract No. 405-000-10-1 is renewed for a period of two years at the same terms and conditions, with a new contract expiration date of June 30, 2016. 2.0 E-Verify: Pursuant to State of Florida Executive Order Number 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the Contractor during the Contract term. Also, Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the Contract term. 3.0 Scrutinized Company List: Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, F.S. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Contract. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve chose who serve Florida 4.0 Best Pricing Affidavit Requirement: The Department will provide the Best Pricing Affidavit for completion by an authorized representative of the Contractor attesting that the Contractor is in compliance with the best pricing provision in section 4(b) of the PUR 1000 form. The Contractor agrees to submit to the Department, at least annually, the completed Best Pricing Affidavit attached hereto as Attachment 1 to this Amendment No. 1. 5.0 Warrant of Authority: Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind their respective party. 6.0 Effect: Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, J. V. Gander Distribution, Inc. Department of Management Services: By: By: Name: Kelley J. Scott, Name: Director of State Purchasing Title: and Chief Procurement Officer Title: Date: Date: State Term Contract No. 405-000-10-1 Amendment No. 1 Renewal Attachment 1 - Best Pricing Affidavit -)' state Jpurchasing nt G Best Pricing Affidavit REGARDING THE CONTRACT BETWEEN (THE"CONTRACTOR-) AND THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CONTRACT NO.: DATED {THE-CONTRACT-) PURSUANT TO SECTION 216.0133.FLORIDA STATUTES,THE UNDERSIGNED CONTRACTOR HEREBY ATTESTS THAT THE CONTRACTOR COMPLIES WITH THE BEST-PRICING CLAUSE CONTAINED IN SECTION 4.15 OF THE CONTRACT. PRINT CONTRACTOR NAME: By: DATE' SIGNATURE OF AUTHORIZED REPRESENTATIVE PRINT REPRESENTATIVE'S NALmE1TRLE: STATE OF COUNTY OF Sworn to(or affirmed)and subscribed before me this day of by Signature of Notary {Print Type.or Stamo Commissioned Name of Notary Public) [Check One] Personally Known OR Produced the following I_D. ENDOR NAME FEIN# .1ENDOR'S AUT}ommo REPRESENTATIVE NAME AND TITLE ADDRESS CITY,STATE,ZIP PHONE NUMBER EMAIL ADDRESS CORPORATE SEAL(IF APPLICABLE) fLoPwAOEPARTmE4ToF MAN1 awNr5Ygwn state purchasing V*—w h.. A.—f.,,& AMENDMENT NO. 1 Renewal No. 1 State Term Contract 408-000-10-1 Bulk Fuel, Gasoline& Diesel This Amendment No.1 (Amendment), is effective July 1, 2014, to the State Term Contract for Bulk Fuel, Gasoline&Diesel, No.405-000-10-1, effective between the State of Florida, Department of Management Services(Department) and J. V. Gander Distributors, Inc. (Contractor). Department and Contractor are collectively referred to herein as the"Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein. WHEREAS the Contract was originally entered on July 1, 2009 with the Contractor for the provision of gasoline and diesel, and is scheduled to expire on June 30, 2014; and WHEREAS upon mutual agreement,the Department and the Contractor agree to amend the Contract, in accordance with section 4,26 Renewal;and THEREFORE,in consideration of the mutual promises contained below,and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged,the Parties agree to the following: 1.0 Contract Amendment: Pursuant to sections 4.26 and 5.2 of the State Term Contract, Contract No.405-000-10-1 is renewed for a period of two years at the same terms and conditions,with a new contract expiration date of June 30, 2015. 2.0 E-Verify_ Pursuant to State of Florida Executive Order Number 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the Contractor during the Contract terra.Also, Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the Contract term. 3.0 Scrutinized Company List: Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s.215.473, F.S. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Contract. 4.0 Best Pricing Affidavit Requirement: The Department will provide the Best Pricing Affidavit for completion by an authorized representative of the Contractor attesting that the Contractor is in compliance with the best pricing provision in section 4(b) of the PUR 1000 form.The Contractor agrees to submit to the Department, at least annually, the completed Best Pricing Affidavit attached hereto as Attachment 1 to this Amendment No. 1. 5.0 Warrant of Authority: Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind their respective party. 6.0 Effect: Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, J.V. Gander distributors, Inc. Department of Management Services: f By: J al n"s By: Ld' A� Name: Jd:nes Name: Kell Cott Director of State Purchasing Tide: V Title: and Chief Procurement fflor Date: 6'Z2-t`l Date: State Term Contract No. 405-000-10-1 Amendment No. 1 Renewal Attachment 1 - Beet Pricing Affidavit 4b ---f stag purchasing Best PrlcinO At(id arvit REGARDING T14E CONTRACT BETWEEN J 1F 574.-.A., •_ ~�{rNE-CONTRACTOR-) AND THE FLORIDA DEPARTMENT OF MANA3EMENT SERVICES CONTRACT NO._ DATED (THE"CONTRACT") PURSUANT To SECTION 218.01733,FLORIDA STATVTE$,THE UNOERSIONED CONTRACTOR HEREBY ATTESTS THAT THE CONTRACTOR COWU S 1MYr14 THE"ST-PRICING CLAUSE CONTAINED N SECTION 4,15 OF THE CONTRACT. {> f (� j� PRINT CONTRACTbFt NAmr=! J IJ U 4 d5 e, V 0 r ac- Bv: OATS: -SlIhIATURE OF AVTNORUMO REPRESE.NTATrVE PRINT REPRESENTAM%ME s NAMEMME: M ! V STATE OF F_-&7Ci a COUNTY OF fir 7%r-i k 14 --y Sworn to day ,by �I f &JILiCA GEANITSMMM = +: MY COMMISSION 4 00941823 EX)>IREB NtaverribQr 19.2073 igrlatrire of Notary �,A1SS sarvWdmm [Print Tvnc_ or Slam Camrrllsalane0 Nemec Notary Publiel {Check One) 'Z, Faraonaft Kno" OR __Produced tie tWk v"1-D. VENOOR NAIVE-, JI 6,-.SC+ YCS./• .Ya/C r VENDOR'S AUTHORIZED RePRESEN!'ATIN£NAME AND TITLE J 4.ti!S V. 6V, -r=_ VP ADDRESS jed 6 II K -70 CITY.sTATE-zw -41.4, e0 1e 5- 31-3�a PHONE NUDN9ER I'k6 r.- Ig s" i- rr rrfr! EMAIL ADDRESS IP Z 4/1%w R-- t.O+r CORPORATE SEAL(IF APPLICABLE) FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: American Homegrown Fuel Corporation (A) Organization FEID Number: 06-1711629 MFMP/SPURS Vendor Number: 06-1711629-001 Street Address: 13852 Waterchase Way City, State, and Zip: Jacksonville, FL 32224-0806 E-mail Address: iohn(cafcbio.com Internet Address: http://www.fcbio.com Telephone Number: 904-525-3835 Toll-Free Number: n/a Fax Number: 309-415-9093 Remit Address: Organization Name: American Homegrown Fuel Corporation Remit-To Street Address: 13852 Waterchase Way Remit-To City, State, Zip: Jacksonville, FL 32224-0806 Contract Administrator: Name: John Magwood Title: President Street Address: 13852 Waterchase Way City, State, and Zip: Jacksonville, FL 32224-0806 E-Mail Address: iohn(o-)fcbio.com Telephone Number: 904-525-3835 Toll-Free Number: n/a Cell Phone Number (Optional): n/a Fax Number: 309-415-9093 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: G. W. Hunter, Inc. (A) Organization FEID Number: 59-1615975 MFMP/SPURS Vendor Number: 59-1615975-001 Name: Terry L. Hunter Title: President Street Address: PO Box 958 City, State, and Zip: Lake City, FL 32056 E-mail Address: tlhunter(o-)gwhunterinc.com Internet Address: n/a Telephone Number: 386-752-5890 Toll-Free Number: n/a Fax Number: 386-755-5510 Remit Address: Organization Name: G. W. Hunter, Inc. Remit-To Street Address: PO Box 958 Remit-To City, State, Zip: Lake City, FL 32056 Contract Administrator: Name: Terry L. Hunter Title: President Street Address: PO Box 958 City, State, and Zip: Lake City, FL 32056 E-Mail Address: tlhunter(o-)gwhunterinc.com Telephone Number: 386-752-5890 Toll-Free Number: n/a Fax Number: 386-755-5510 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: J.V. Gander Distributors, Inc. (A) Organization FEID Number: 59-1986161 MFMP/SPURS Vendor Number: 59-1986161-004 Name: Jim Gander Title: Vice President Street Address: 319 Water Street P. O. Box Address: P. O. Box 70 City, State, and Zip: Apalachicola, FL 32320 E-mail Address: iim(caivgander.com Internet Address: http://www.ivgander.com Toll-Free Number: 866-653-8889 Telephone Number: 850-653-8880 Fax Number: 850-653-9818 Remit Address: Organization Name: J.V. Gander Distributors, Inc. Remit-To Street Address: P. O. Box 70 Remit-To City, State, Zip: Apalachicola, FL 32320 Contract Administrator: Name: Jim Gander Title: Vice President Street Address: 319 Water Street P. O. Box Address: P. O. Box 70 City, State, and Zip: Apalachicola, FL 32320 E-Mail Address: iim(a�ivgander.com Toll-Free Number: 866-653-8889 Telephone Number: 850-653-8880 Fax Number: 850-653-9818 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCms sta tc p u rc hasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: L.V. Hiers, Inc. (A) Organization FEID Number: 59-2011260 MFMP /SPURS Vendor Number: 59-2011260-001 Name: Andy Stone Title: Vice President Street Address: 253 East Florida Avenue P. O. Box Address: P. O. Box 1229 City, State, and Zip: Macclenny, FL 32063 E-mail Address: astone(a)Ivhiers.com Internet Address: http://www.lvhiers.com/ Telephone Number: 904-259-2314 Toll-Free Number: n/a Fax Number: 904-259-4518 Remit Address: Organization Name: L.V. Hiers, Inc. Remit-To Street Address: P. O. Box 1229 Remit-To City, State, Zip: Macclenny, FL 32063 Contract Administrator: Name: Andy Stone Title: Vice President Street Address: 253 East Florida Avenue P. O. Box Address: P. O. Box 1229 City, State, and Zip: Macclenny, FL 32063 E-mail Address: astone(a)Ivhiers.com Telephone Number: 904-259-2314 Fax Number: 904-259-4518 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Macmillan Oil Company of Florida, Inc. (0) Organization FEID Number: 59-0648243 MFMP/SPURS Vendor Number: 59-0648243-001 Name: Eduardo Rodriquez Title: General Sales Manager Street Address: 2955 East 11th Avenue City, State, and Zip: Hialeah, FL 33013 E-mail Address: eduardo(camacmillanoil.net Internet Address: n/a Telephone Number: 305-283-8580 Toll-Free Number: n/a Fax Number: 305-691-7817 Remit Address: Organization Name: Macmillan Oil Company of Florida, Inc. Remit-To Street Address: 2955 East 11th Avenue Remit-To City, State, Zip: Hialeah, FL 33013 Contract Administrator: Name: Eduardo Rodriquez Title: General Sales Manager Street Address: 2955 East 11th Avenue City, State, and Zip: Hialeah, FL 33013 E-mail Address: eduardo(o-)macmillanoil.net Telephone Number: 305-283-8580 Fax Number: 305-691-7817 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Mansfield Oil Company(A) Organization FEID Number: 58-1091383 MFMP/SPURS Vendor Number: 58-1091383-001 Name: Bill Hammond Title: Customer Service Supervisor Street Address: 1025 Airport Parkway, S.W. City, State, and Zip: Gainesville, Georgia 30501 E-mail Address: BHammond(ccaMansfieldOil.com Internet Address: www.mansfieldoil.com Toll-Free Number: 800-255-6699 ext. 2082 Telephone Number: 678-450-2135 Fax Number: 800-283-3835 Remit Address: Organization Name: Mansfield Oil Company Remit-To Street Address: P. O. Box 934067 Remit-To City, State, Zip: Atlanta, GA 30501 Contract Administrator: Name: Ginger McDaniel Title: Government Sales Analyst Street Address: 1025 Airport Parkway, S.W. City, State, and Zip: Gainesville, Georgia 30501 E-Mail Address: GMcDaniel(o-)MansfieldOil.com Toll-Free Number: 800-255-6699 ext. 2135 Telephone Number: 678-450-2135 Fax Number: 678-450-2280 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCms sta tc p u rc hasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Petroleum Traders Corporation Organization FEID Number: 35-1462227 MFMP /SPURS Vendor Number: 35-1462227-001 Name: Gavle Newton & Contract Sales Staff Title: Contract Sales Manager Street Address: 7120 Pointe Inverness Way City, State, and Zip: Fort Wayne, IN 46804-7928 E-mail Address: gnewton(d)petroleumtraders.com Internet Address: www.petroleumtraders.com Toll-Free Number: 800-348-3705 x1002 Telephone Number: 260-432-6622 x1002 Fax Number: 260-207-6347 Remit Address: Organization Name: Petroleum Traders Corporation Remit-To Street Address: 7120 Pointe Inverness Way Remit-To City, State, Zip: Fort Wayne, IN 46804-7928 Contract Administrator: Name: Gavle Newton Title: Contract Sales Manager Street Address: 7120 Pointe Inverness Way City, State, and Zip: Fort Wayne, IN 46804-7928 E-mail Address: gnewton(a)petroleumtraders.com Toll-Free Number: 800-348-3705 x1002 Telephone Number: 260-432-6622 x1002 Fax Number: 260-207-6347 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida CERTIFICATION OF CONTRACT TITLE: Bulk Fuel, Gasoline and Diesel CONTRACT NO.: 405-000-10-1 ITB NO.: 21-405-000-X EFFECTIVE: July 1, 2009 through June 30, 2014 CONTRACTOR(S): American Homegrown Fuel Corporation (A) Eli Roberts and Sons, Inc. (A) G. W. Hunter, Inc. (A) Jim Hinton Oil Company, Inc. J. V. Gander Distributors, Inc. (A) L. V. Hiers. Inc. (M) Macmillan Oil Company. (0) Mansfield Oil Company LLC. (A) Petroleum Traders Corporation (A) Port Consolidated, Inc. (A) SMF Energy Corporation (A) Terrell Industries, Inc. (H) A. AUTHORITY— Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT—This contract was entered into to provide economies in the purchase of Bulk Fuel, Gasoline and Diesel by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS—All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State, and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE—Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS—Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature (date) FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCms state purchasing We serve those who serve Florida CONTRACT ADMINISTRATOR NAME: Mina Barekat TELEPHONE: (850) 488-1985 E-MAIL: mina.barekat(D-dms.myflorida.com FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCMS state purchasing We serve those who serve Florida TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)] 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 4.0 GENERAL CONTRACT CONDITIONS [PUR1000(10/06)] 5.0 SPECIAL CONDITIONS 6.0 TECHNICAL SPECIFICATIONS 7.0 FORMS [The remainder of this page is intentionally left blank (other than footer information)] FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCMS state purchasing We serve those who serve Florida SECTION 1.0 INTRODUCTION CONTENTS: 1.1 PURPOSE AND SCOPE 1.2 TIMELINE [The remainder of this page is intentionally left blank (other than footer information)] FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida 1.1 Purpose and Scope The State of Florida ("State"), Department of Management Services ("Department"), invites interested vendors, including suppliers of Bulk Fuel, Gasoline and Diesel, to submit responses in accordance with these solicitation documents. The purpose of the solicitation is to establish a State Term Contract for the acquisition of Bulk Fuel, Gasoline and Diesel. By submitting a response, each bidder certifies that it satisfies the following criteria, in addition to any other specified in the solicitation documents. The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per Section 2.17, and to end June 30, 2014, with potential options to renew per Chapter 287, Florida Statutes. 1.2 Timeline (REVISED 5/29/2009) Event Event Date Issue solicitation within MyFloridaMarketPlace Sourcing Tool May 12, 2009 Provide notice within Vendor Bid System). MyFloridaMarketPlace (MFMP) training (not mandatory) May 19, 2009 10:00 — 11:30 conference call Questions from Respondents due via Q&A Board within MyFloridaMarketPlace Sourcing Tool (No later than 4:00 pm May 21, 2009 ET). Post answers to vendor requests for approved equivalents and questions within MyFloridaMarketPlace Sourcing Tool June 1, 2009 and Vendor Bid System. REVISED Solicitation responses due within MyFloridaMarketPlace Sourcing Tool (Some documents in hard copy) (No later than June 5, 2009 4:00 pm ET). REVISED Post Notice of Intended Award within Vendor Bid System (Per Section 2.13, Electronic Posting of Notice of Intended Award). June 16, 2009 REVISED Contract award. Per Section 2.17, Contract Formation DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCMS state purchasing We serve those who serve Florida It is strongly recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your Response. [The remainder of this page is intentionally left blank (other than footer information)] FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCMS sta tc p u rc hasing We serve those who serve Florida Section 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS FPUR10010 0/06A CONTENTS: 2.1 DEFINITIONS. 2.2 GENERAL INSTRUCTIONS. 2.3 ELECTRONIC SUBMISSION OF RESPONSES. 2.4 TERMS AND CONDITIONS. 2.5 QUESTIONS. 2.6 CONFLICT OF INTEREST. 2.7 CONVICTED VENDORS. 2.8 DISCRIMINATORY VENDORS. 2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION. 2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS. 2.11 PERFORMANCE QUALIFICATIONS. 2.12 PUBLIC OPENING. 2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. 2.14 FIRM RESPONSE. 2.15 CLARIFICATIONS/REVISIONS. 2.16 MINOR IRREGULARITIES/RIGHT TO REJECT. 2.17 CONTRACT FORMATION. 2.18 CONTRACT OVERLAP. 2.19 PUBLIC RECORDS. 2.20 PROTESTS. 2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD. [The remainder of this page is intentionally left blank (other than footer information)] ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida 2.1 Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The "Buyer' may also be the "Customer' as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 2.3 Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: • An electronic signature on the response, generally, • An electronic signature on any form or section specifically calling for a signature, and • An affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4 Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions and Instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5 Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 2.6 Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. 2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: • submitting a bid on a contract to provide any goods or services to a public entity; • submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; • submitting bids on leases of real property to a public entity; • being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8 Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contract to provide any goods or services to a public entity; • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or • transact business with any public entity. 2.9 Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). • The respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. • The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1) (a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: • Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or • Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10 Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11 Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.12 Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1) (b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 2.13 Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.14 Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.15 Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 2.16 Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 2.17 Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida 2.18 Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.19 Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.20 Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 2.21 Limitation on Vendor Contact with Agency during Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCMS state purchasing We serve those who serve Florida Section 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS CONTENTS: 3.1 CONTACT PERSON 3.2 TERMS AND CONDITIONS 3.3 DEFINITIONS 3.4 WHO MAY RESPOND 3.5 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW 3.6 AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS 3.7 ESTIMATED QUANTITIES 3.8 SUBMITTAL OF RESPONSE 3.9 EVALUATION CRITERIA 3.10 BASIS FOR AWARD 3.11 STATE OBJECTIVES 3.12 LOBBYING [The remainder of this page is intentionally left blank (other than footer information)] FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida 3.1 Contact Person: Refer ALL Inquiries to: David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP® PURCHASING ANALYST DIVISION OF STATE PURCHASING DEPARTMENT OF MANAGEMENT SERVICES 4050 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FL 32399-0950 (850) 921-4072 (voice) (850)414-6122 (facsimile) David.Ben nett(a)d ms.myflorida.com Please Note: All solicitation related Questions must be submitted through the MyFloridaMarketPlace Sourcing Tool Q&A Board per Section 2.5; MyFloridaMarketPlace System questions may be answered in the solicitation document, Section 3.5. Any additional technical questions related to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or vendorhelp(a)myfloridamarketplace.com. 3.2 Terms and Conditions Potential Respondents are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. All Responses are subject to the requirements, specifications, terms, and conditions of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Section 1.0, Introduction • Section 6.0, Technical Specifications • Section 5.0, Special Conditions • Section 4.0, General Contract Conditions [PUR 1000 (10/06)] • Section 3.0, Special Instructions to Respondents • Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)] • Section 7.0, Price Sheet and Forms The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent's Response. In submitting its Response, the Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall result in the disqualification of the Respondent's Response for any offers associated with the additional terms or conditions. Failure to comply with the solicitation requirements, specifications, terms, and conditions, including those specifying information that must be submitted with a Response, shall be grounds for rejecting a Response. This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions. 3.3 Definitions The Definitions found and referenced in the General Instructions to Respondents [PUR1001 (10/06)], Section 2.1, and General Contract Conditions [PUR1000 (10/06)], Section 4.1, shall apply to this Section. The following additional terms are also defined: ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida (a) "State" means the State of Florida. (b) "Department" means the Florida Department of Management Services. (c) "Procurement Officer", "Contract Manager', or "Contract Administrator" means the Buyer's contracting personnel, as identified in Section 3.1 or as amended by the Department. (d) "Eligible User" is defined in 60A-1.005, F.A.C. The following entities are eligible users: 1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; 2. Any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042 (12) F.S. Law Implemented 287.012 (12) F.S. History— New 8-24-04. Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. (e) "Vendor(s)" means the entity that believes itself capable and is in the business of providing a Commodity and / or contractual service similar to those within the solicitation, and may or may not respond to the solicitation. (f) "Contractor(s)" means the Respondent that has been awarded and contracts to sell Commodities and / or contractual services, which meet the requirements, specifications, terms, and conditions herein, to an Eligible User. (g) "Dealer(s)" or "Certified Representative(s)" means a representative authorized to market, sell, and service specific Commodities such as gasoline and diesel. (h) "Commodity(ies)" means a tangible good, which may or may not meet the specifications herein. (i) "Commodity Code(s)" means the State of Florida specified numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. 3.4 Who May Respond The Department will accept Responses from capable suppliers, who are in good standing with the State of Florida, satisfying the requirements, specifications, terms, and conditions of the solicitation documents. To be eligible for award, a Respondent shall have the demonstrated capability to perform a Contract in the State of Florida. Full-service office with business hours of 8:00 A.M. E.S.T. to 5:00 P.M. E.S.T. weekdays (minimum) and with staff capable of handling inquiries and orders on-location during those business hours (including lunch hour). By submitting a Response, each Respondent certifies that it satisfies all criteria specified in the solicitation documents. The Department may request, and the Respondent shall provide, supporting information and / or documentation. Failure to supply supporting information and / or documentation as required and / or requested will result in disqualification of the Response. ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida 3.5 MyFloridaMarketPlace Solicitation Overview—The Department uses the MyFloridaMarketPlace System ("MFMP") to receive Responses to solicitations electronically. 3.5.1 MyFloridaMarketPlace Vendor Registration Application Vendors must have a revised, current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at: https://vendor.mvfloridamarketplace.com/. If you have not registered, please be advised that a minimum of forty-eight (48) hours will be required for access to the Sourcing Tool. Completion of this registration is mandatory for those vendors who wish to submit a Response. 3.5.2 3.5.2 MyFloridaMarketPlace Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool at: http://sourcing.myfloridamarketplace.com/. Optional training on how to respond to this solicitation electronically is offered at: http://marketplace.myflorida.com/vendor/vendor solicitation help.htm. Download and review the document titled "ITB Event User Guide." • For all technical questions about the Sourcing Tool, Vendors should contact the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or: vendorhelp a-myfloridamarketplace.com. • For additional information or assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at the following link: http://marketplace.myflorida.com/vendor/vendor solicitation help.htm. This site includes: a. Solicitation User Guides b. On Demand web-based Sourcing training link c. WinZip FAQs d. Vendor FAQs 3.5.3 MFMP Sourcing Tool Training for Respondents An optional conference call training session on how to use the MyFloridaMarketPlace Sourcing Tool for this ITB is scheduled on the date indicated on the Timeline at 10:OOAM EST. The Conference Call number is (888) 808- 6959. Conference Code 9214072. Please go to: http://dms.myflorida.com/business operations/state purchasing/myflorida marketplace/mfmp v endors/vendor toolkit/mfmp sourcing solicitations and review the vendor training link and download the document titled Contractor Training_ITB.ppt. Please have this document open on your desktop while participating on the call. To participate in the conference call, please call in to the number provided approximately 1 minute before the scheduled time. No questions regarding the scope and specifications of this solicitation will be answered on this conference call! Additionally, an On-Demand web-based interactive training application to learn how to respond to an event using the MyFloridaMarketPlace sourcing tool is also available. This is another FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida opportunity to receive training on how to use MyFloridaMarketPlace Sourcing tool if you cannot attend the Optional training conference call or want additional guidance. The link is http://marketplace.mvflorida.com/vendor/vendor training.htm click on Responding to Sourcing Event. 3.5.4 MyFloridaMarketPlace Sourcing Tool Tips When working in the Sourcing Tool, be aware of the twenty (20) minute time-out function in the Tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your solicitation Responses. The SAVE button does not transmit your solicitation Response to the State. In order to transmit your solicitation Response to the State, you must click the SUBMIT button on the SUMMARY page of the solicitation Response. After clicking the SUBMIT button, it is the Respondent's responsibility to check any submitted Response within the Sourcing Tool to verify that the Response is accurately and completely captured within the Sourcing Tool. Respondents must do this while there is sufficient time remaining in the solicitation period in the event you discover an error and need to resubmit a revised Response. To validate your Response, you should do the following before the solicitation period ends: • Go to the "My Bids / My Responses" tab within the Sourcing Tool after you submitted your Response. • Click on the Response ID number of your last submitted Response. • Review entire Response to make sure all responses are complete, accurate, and as you intended to submit. • Minimum areas to check are: • Text boxes — Is your entire answer viewable? • Yes/No questions — Is the displayed answer correct? • All uploaded document files — Can you open attached document(s) and clearly view entire content? Does the content of the file(s) match your Response within the Tool (e.g., not an earlier version, incomplete copy, or working copy)? • Pricing and Other Information — Are all Prices and other information you intended to submit visible and accurately captured within Sourcing Tool? • Required Items - Are all items listed in the solicitation completed as required within the Sourcing Tool? DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida It is strongly recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your Response. 3.5.5 MyFloridaMarketPlace and Vendor Bid System Email Notification Vendors are reminded that the Sourcing Tools' Email Notifications are an option provided as a courtesy. The State of Florida is not under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the posting, amendment, or close of solicitations. Vendors are responsible for checking the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System for information and updates concerning solicitations. 3.6 Amendments or Addendums to the Solicitation Documents The Department reserves the right to issue Amendments or Addendums to the solicitation. Notice of any Amendment or Addendum will be posted within MyFloridaMarketPlace and / or the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and reviewing the formal notices and / or changes to the solicitation. Each Vendor is responsible for monitoring the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System sites for new or changing information concerning the solicitation. 3.7 Estimated Quantities To assist Respondents in the solicitation process, average estimated annual historical spend information is provided. Spend information is based on FY 07/08 data. This figure shall not be construed as commitments. • Estimated Annual Usage: 10 million gallons The above figure reflects estimated annual spend generated by Eligible Users of past contracts for similar Commodities and / or contractual services and is not a commitment. Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be provided by the Department in the solicitation documents. The figures provided are to assist Respondents in the solicitation process and / or to assist the Department in evaluating, measuring, and / or scoring Responses to the solicitation and shall not be construed as commitments. 3.8 Submittal of Response 3.8.1 Submittal of Offer Respondents will submit their offers via the MyFloridaMarketPlace Sourcing Tool (https://sourcing.mvfloridamarketplace.com/). The Response shall include all appropriate pricing, discounts, documents, forms, files, question responses, and information responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing, discounts, documents, forms, files, question responses, and information responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. In the event the Respondent submits more than one Response in the MyFloridaMarketPlace Sourcing Tool, only the last Response received by the system shall be considered for award. Previous Responses will not be visible to the State of Florida. Responses not submitted within the MyFloridaMarketPlace Sourcing Tool shall be rejected. The System will require Respondents to review the Solicitation Preparation Checklist (Section 7.1) and confirm that they have completed all required activities before receiving the offer. The Solicitation Preparation ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of the solicitation are included with the solicitation Response. The Solicitation Preparation Checklist does not have to be provided with the Response. Each Respondent is responsible for ensuring that their offer is accurately and completely submitted before the Solicitation Responses Due Date and Time noted on the Timeline in Section 1.2 of the solicitation. The Department shall not consider late offers and the System will NOT accept offers after the Solicitation Responses Due Date and Time specified in the Timeline. The Response must be accurate, complete, and submitted in the MyFloridaMarketPlace Sourcing Tool, or as otherwise provided in the solicitation documents, by the date and time specified on the Timeline or the Response shall be deemed non-responsive. 3.8.2 Price Sheet-Responses will be submitted in Pricing Section in the Sourcing Tool Sheet, . 3.8.3 Savings / Price Reductions Respondent shall submit one (1) accurately completed Savings / Price Reductions form (Section 7.3) entered electronically in the MyFloridaMarketPlace Sourcing Tool with their Response containing the required savings information for each Commodity offered and a method(s) for the Department to verify the savings information provided. Failure to provide the Savings / Price Reductions form with the Response may result in the Respondent being deemed non-responsive. 3.8.4 Ordering Instructions Respondent shall submit one (1) completed Ordering Instructions Form (contained within Section 7.2, Price Sheet) with their Response identifying persons responsible for answering questions about the Response and administering the Contract, if awarded, and shall provide information necessary for placing orders under the Contract, if awarded. The Ordering Instructions Form will be submitted with their response, to the Department electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.8.1 of the solicitation. Failure to provide the Ordering Instructions Form with the Response will result in the Respondent being deemed non-responsive. 3.9 Evaluation Criteria The Department shall evaluate eligible responsive offers. Responses that do not meet all requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose responses, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of a Contract may be rejected as non-responsible. The Department reserves the right to determine which Responses meet the requirements of this solicitation, and which Respondents are responsive and responsible. 3.10 Basis for Award The Department intends awards to one or more (not to exceed three) responsive low bidders on a county by county basis for each item number listed on the Price Sheets. 3.11 State Objectives Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items / services covered by this solicitation. 3.11.1 Diversity The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915. The State is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the State's procurement process as both Contractors and Sub-Contractors in this solicitation. Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: http://dms.myflorida.com/other programs/office of supplier diversity osd/. Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents or Sub-Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other Eligible User) level. 3.11.2 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any response the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Contractor's company. Reference Rule 62- 730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3.11.3 Certification of Drug-Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, one preference shall be given to a response received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program using the Certification of Drug-Free Workplace form included in Section 7.6 of the solicitation. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida 3.11.4 Products Available from the Blind or Other Handicapped (RESPECT) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation. 3.11.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. 3.12 Lobbying Please reference Section 2.21 Limitation on Vendor Contact with Agency During Solicitation Period. Respondents are advised that the following will be included in the Contract for these services: In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. [The remainder of this page is intentionally left blank(other than footer information)] SECTION 4.0 GENERAL CONTRACT CONDITIONS [PUR1000(10/06)1 CONTENTS: 4.1 DEFINITIONS. 4.2 PURCHASE ORDERS. 4.3 PRODUCT VERSION. 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.5 ADDITIONAL QUANTITIES. 4.6 PACKAGING. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida 4.7 INSPECTION AT CONTRACTOR'S SITE. 4.8 SAFETY STANDARDS. 4.9 AMERICANS WITH DISABILITIES ACT. 4.10 LITERATURE. 4.11 TRANSPORTATION AND DELIVERY. 4.12 INSTALLATION. 4.13 RISK OF Loss. 4.14 TRANSACTION FEE. 4.15 INVOICING AND PAYMENT. 4.16 TAXES. 4.17 GOVERNMENTAL RESTRICTIONS. 4.18 LOBBYING AND INTEGRITY. 4.19 INDEMNIFICATION. 4.20 LIMITATION OF LIABILITY. 4.21 SUSPENSION OF WORK. 4.22 TERMINATION FOR CONVENIENCE. 4.23 TERMINATION FOR CAUSE. 4.24 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY. 4.25 CHANGES. 4.26 RENEWAL. 4.27 PURCHASE ORDER DURATION. 4.28 ADVERTISING. 4.29 ASSIGNMENT. 4.30 ANTITRUST ASSIGNMENT. 4.31 DISPUTE RESOLUTION. 4.32 EMPLOYEES, SUBCONTRACTORS,AND AGENTS. 4.33 SECURITY AND CONFIDENTIALITY. 4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS. 4.35 INSURANCE REQUIREMENTS. 4.36 WARRANTY OF AUTHORITY. 4.37 WARRANTY OF ABILITY TO PERFORM. 4.38 NOTICES. 4.39 LEASES AND INSTALLMENT PURCHASES. 4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE). 4.41 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.42 MODIFICATION OF TERMS. 4.43 COOPERATIVE PURCHASING. 4.44 WAIVER. 4.45 ANNUAL APPROPRIATIONS. 4.46 EXECUTION IN COUNTERPARTS. 4.47 SEVERABILITY. [The remainder of this page is intentionally left blank (other than footer information)] 4.1 Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer' may also be the "Buyer' as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order' means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 4.2 Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3 Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4.4 Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then- authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5 Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 4.6 Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 4.7 Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.9 Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.10 Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.11 Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.12 Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.13 Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14 Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1 .032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1 .031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 4.15 Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web-based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.16 Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17 Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.18 Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of(1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dIis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 4.19 Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 4.20 Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21 Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 4.22 Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.23 Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.24 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 4.25 Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.26 Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.27 Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 4.28 Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 4.30 Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 4.31 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 4.32 Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 4.33 Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 4.34 Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.35 Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terns and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor.Upon request,the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.36 Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.37 Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 4.38 Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida 4.39 Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001 , F.S.) is required for State agencies to enter into or to extend any lease or installment- purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at.http://www.pridefl.com. 4.41 Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 4.42 Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 4.43 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida 4.44 Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 4.45 Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.46 Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.47 Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. [The remainder of this page is intentionally left blank (other than footer information)] FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCMS state purchasing We serve those who serve Florida SECTION 5.0 SPECIAL CONDITIONS CONTENTS: 5.1 DEFINITIONS 5.2 PERIOD OF AGREEMENT 5.3 CATALOG DATA 5.4 ORDERING INSTRUCTIONS INFORMATION 5.5 TRANSACTION FEE REPORTS 5.6 SALES SUMMARY 5.7 COMPLIANCE WITH LAWS [The remainder of this page is intentionally left blank (other than footer information)] ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida 5.1 Definitions The Definitions found and referenced in the General Contract Conditions [PUR1000 (10/06)], Section 4.1, and the Definitions found and referenced in Section 3.3, Definitions, shall apply to this Section. 5.2 Period of Agreement The State Term Contract shall be in effect beginning on the Contract Formation date, per Section 2.17, and end June 30, 2014. This agreement has the option to renew in accordance with Section 287.057 (13), F.S. Renewal is contingent upon satisfactory performance by the Contractor and final approval by the Department. 5.3 Catalog Data The MyFloridaMarketPlace ("MFMP") third-party service provider is responsible for converting Contract catalog information into a format supported by the System. To accomplish this conversion, the Contractor shall provide certain information in electronic format directly to the Service Provider (This format is generally Microsoft ExceITM) Within ten (10) business days of written notice from the Service Provider, Contractor shall provide all information necessary to facilitate electronic purchases from this Contract. Such information may include, but is not limited to, Contractor Name, Commodity Description (using complete Contract Price Sheet Description), unit of measure, and Contract Price. Contractor shall provide this information in the format required by the Service Provider. No costs or expenses associated with providing this information shall be charged to the Department, Eligible Users, or Service Provider. With the Contractor's timely assistance, the Service Provider shall create and maintain web-based placement of the requested Contract information. 5.4 Ordering Instructions Information Completed Ordering Instructions shall be uploaded into Section 7.2, Ordering Instructions. The Ordering Instructions contained within Section 7.2, Ordering Instructions, will contain current information relevant to the acquisition of Commodities under the Contract. This information shall include, but not be limited to, the Contractor's name and identifying number with their contact information; the Contractor's Contract Representative with their contact information, the Contractor's Remit-To Address, and a list of Department maintained instructions to assist Eligible Users in placing orders under the Contract. The Contractor shall notify the Department of a requested change to the Ordering Instructions in writing and received by the Contract Administrator no later than five (5) business days prior to the effective date of the proposed change. The Department may accept or reject any proposed change, or may unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or will best assist Eligible Users. 5.5 Transaction Fee Reports: The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida Desk at feeprocessinq a-mvfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 5.6 Sales Summary Reports In addition to the MFMP Transaction Fee reporting requirements the following minimum data shall be reported by the Contractor to the Department on an annual Contract basis: • The report shall be in MS Excel (version 2003 or later) • Contractor's name • Reporting period • Format shall include columns for the following information: • State Agency Name or Eligible User Name 1. Type of fuel 2. Number of gallons 3. Total dollar value of purchases Failure to provide quarterly reports, including no sales, within thirty (30) calendar days following the end of each Contract year may result in the Contractor being found in default and the subsequent cancellation of the Contract by State Purchasing. Contractor shall report to the Department its Contract-associated spend with both certified and non- certified minority business enterprises (CMBE and MBE's). Reports must include the period covered; the name, minority code, and Federal Employer Identification Number of each MBE utilized during the period; commodities and services provided by the (C)MBE; and the amount paid to each (C)MBE on behalf of each purchasing agency ordering under the terms of this Contract. Submission of Contract Sales Summaries is the responsibility of the Contractor, without prompting or notification by the Purchasing Analyst. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager. The Department shall distribute, in electronic format, the Contract Sales Summary forms to be used by the awarded Contractor upon Contract signature. 5.7 Compliance with Laws The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. [The remainder of this page is intentionally left blank (other than footer information)] FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida SECTION 6.0 TECHNICAL SPECIFICATIONS Contents 6.01 Definitions 6.02 Deliverables 6.03 Scope of Work 6.04 Fuel Sites and Accessibility 6.05 Delivery of Fuel 6.06 Fault and Responsibility 6.07 Measurements 6.08 Fuel Terminals 6.09 Minimum Delivery 6.10 Prices 6.11 Markup 6.12 Allowable Charges 6.13 Invoicing and Payment 6.14 Maintenance 6.15 Taxes 6.16 DTN FastRacks 6.17 Fuel Permits 6.18 Schedule and Damages 6.19 Federal and State Standards 6.20 Specifications 6.1 Definitions: The Parties agree that capitalized terms shall have the meaning ascribed below: "Biodiesel" shall mean an alternative Fuel consisting of an ultra low sulfur no. 2 diesel fuel and a requested blend of soybean oil. "BQ-90000" a cooperative and voluntary program for the accreditation of producers and marketers of biodiesel fuel created by the National Biodiesel Accreditation Program. "DTN FastRacks Averages" shall mean the fuel pricing service provided by the Data Transmission Network, an industry benchmark for pricing Fuel and other commodities. This Contract shall use the daily rack averages as established by the DTN FastRacks Averages. Fuel prices are listed for terminals by regions in reports called PAD Reports. The State of Florida uses terminals listed in the PAD 1 Report (DTN Fastracks). Fuel terminals are more particularly detailed in section 6.08. "Fuel" shall mean any Fuel product obtained through this Contract. Fuel product shall include unleaded E10 gasoline, Ultra Low Sulfur no. 2 diesel, Ultra Low Sulfur no. 2 off road, dyed diesel and biodiesel to be delivered to State and Customer facilities as defined in section 6.09. "Markup" shall mean the Contractor's price to cover all costs associated with providing Fuel to State and Customer facilities as more particularly detailed in section 6.10. Markup will mean both positive and negative numbers. Markups may differ based on where the Fuel is obtained according to the Fuel ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida terminals and actual type of Fuel ordered. Markup for Fuel shall be on a price per gallon basis. The Contractor shall assess no other fees associated with the delivery of Fuel except as more particularly detailed in section 6.12. "Transport Delivery" shall mean a delivery by a transport truck with a minimum delivery of 8,000 gallons for gasoline, 7,200 gallons for diesel and 7,200 gallons for a combination load of gasoline and diesel. 6.2 Deliverables: The Contractor shall deliver the following product, as more particularly detailed in sections 6.03 to 6.20. 6.3 Scope of Work: This Contract is to provide Fuel for the State and Customers in the State of Florida. The Department seeks to improve quality and efficiency of services delivered, improve Customer services and reduce cost. The Contractor must efficiently provide Fuel to meet the requirements of the Customer. The bidder must meet the following requirements: • Fuel will be available to all eligible Customers in the State of Florida. (It is anticipated that Customers will use approximately 10,000,000 gallons annually under the resulting Contract, if any.) • Fuel costs will be determined based on the daily DTN FastRacks Averages from the closest terminal used to service the Customer's facility. Averages are posted in the DTN FastRacks report distributed each morning. Biodiesel costs will use the above plus the published Monday price for soybean oil in the Tuesday edition of the Wall Street Journal. Price is more particularly detailed in section 6.10. • Markups will be established for each type of Fuel for each county based on the minimum delivery requirements as detailed in section 6.09. Customer facilities, located in each county, will use the same Markups based on their requirements. Markup for Fuel shall be based on a price per gallon basis. • Fuel costs shall exclude any taxes and/or fees that the Customer is exempt from paying. All Fuel costs will include the DTN FastRacks Averages, the Contractor's Markup and all applicable taxes and/or petroleum associated fees allowed. Other service/delivery charges may apply as detailed in sections 6.10 and 6.12. • The invoice price shall reflect the actual date of delivery. 6.04 Fuel Sites and Accessibility: All Customer tanks shall be properly equipped to enable Contractor to safely deliver Fuel. The Contractor shall notify Customer of all situations that may be deemed unsafe. A Contractor may refuse to deliver Fuel to an unsafe Fuel site until the safety issue is resolved. A back haul charge may apply if a Contractor attempts to deliver Fuel and the Fuel site is deemed unsafe. The Customer shall be responsible for having proper equipment installed. Customer shall work with Contractor making a delivery to assure that the Contractor has proper accessibility to all tanks being fueled. Customer may be subject to an excessive delay charge if Contractor has to wait more than 30 minutes to begin Fuel delivery. These charges are listed in section 6.12. 6.05 Delivery of Fuel: Fuel is to be delivered to the Customer's tank(s) within 48 hours after telephone notification is received unless specified otherwise by the Customer. For new accounts, the Contractor will be allowed additional time to enter all required account information into their ordering/billing system to establish the new account. This time will be agreed upon by the Customer and the Contractor. The State prefers that vehicles equipped with meters make delivery. If non-metered vehicles are used, the driver shall leave a metered loading report from the terminal with the Customer. If temperature ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida corrected billing is used, the loading report shall give all pertinent information. Customer may be subject to a service charge if request is for same day delivery. This charge is listed in section 6.12. Before unloading of Fuel begins, Customer personnel and Contractor personnel shall measure the Customer's tank(s) to receive Fuel and shall again measure the tank(s) after delivery. Customer may be subject to a back haul charge if the Customer orders more Fuel than the Customer's tank(s) can hold upon delivery and a portion of the Fuel ordered has to be returned. This charge is listed in section 6.12. Scheduled delivery service is for delivery of Fuel by the Contractor to the Customer's tank(s) under the time frame as agreed upon by the Contractor and Customer. 6.06 Fault And Responsibility: The party at fault will be responsible for all direct costs incurred to correct a problem. Problems may include but not limited to misorders by Customer, Fuel spills, delivering wrong Fuel to Customer by Contractor, cross-fueling by Contractor at Customer's facility, etc. 6.07 Measurements: Customary measurements appearing in these specifications are not intended to preclude bids for commodities with metric measurements. 6.08 Fuel Terminals: Price will be determined using the DTN FastRacks Average price for the closest appropriate terminal, on the date of delivery to the Customer, regardless of when or where the Contractor actually obtained Fuel. The following terminals are used to refer to the DTN FastRacks Average prices: • Jacksonville • Miami • Orlando • Panama City • Pensacola • Tampa • Bainbridge, GA 6.09 Minimum Delivery: Minimum delivery on this Contract shall 8,000 gallons for a Transport Delivery for gasoline; 7,200 gallons for a Transport Delivery for diesel; and 7,200 gallons for a combination load Transport Delivery of gasoline and diesel. 6.10 Prices: Prices shall be submitted on Customer invoices as follows: Fuel Cost shall be determined by the date and county in which delivery of Fuel is made. Fuel cost shall include: o Gasoline and Diesel: Prices will be calculated using the following information: ■ DTN FastRacks Average daily price as determined by the closest appropriate terminal for Fuel. ■ Contractor's Markup as determined by the Price Sheet for the county in which delivery of Fuel is made. ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida • All applicable Fuel taxes and/or petroleum associated fees as determined by the county in which delivery of Fuel is made. ■ All applicable delivery and/or service charges as allowed. Biodiesel: Biodiesel prices shall be determined by the date and county in which delivery of Fuel is made. Biodiesel prices will be calculated using the following information: • DTN FastRacks Averages daily price as determined by the closest appropriate terminal for Ultra Low Sulfur no. 2 diesel. This daily price will be used to calculate the diesel portion charged by the Contractor for Biodiesel. • The published Monday closing price for soybean oil, as printed in the Tuesday edition of the Wall Street Journal under "Fats and Oils" in the "Cash Prices" column. This weekly price will be used to calculate the bio portion of the total charged by the Contractor for Biodiesel. • This price is listed in pounds and will be converted to gallons using the following conversion equivalence: 7.35 Ibs = 1 gallon This weekly price will be used to make up the remainder of the total charged by the Contractor for Biodiesel. Sample Calculations: B20 whole sale price = 0.80 times the price for ultra low sulfur no. 2 diesel plus 0.20 times the price for soybean oil. B10 whole sale price = 0.90 times the price for ultra low sulfur no. 2 diesel plus 0.10 times the price for soybean oil. B5 whole sale price = 0.95 times the price for ultra low sulfur no. 2 diesel plus 0.05 times the price for soybean oil. Price will be in effect on the published date through the next published date. If no Monday price is published, then the next available published price will apply (Tuesday, Wednesday, etc.). • Contractor's Markup as determined by the Price Sheet for the county in which delivery of Fuel is made. • All applicable Fuel taxes and/or petroleum associated fees as determined by the county in which delivery of Fuel is made. • All applicable delivery and/or service charges as allowed. While it is anticipated that 90+% of the Biodiesel purchased by the State will be B20, the vendor must be willing to delivery any requested blend. The Customer and the Contractor agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price charged to ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida the Customer shall be subject to audit, and the Contractor shall make any and all records supporting the invoiced prices available for inspection, upon written request by the Customer The Customer and the Contractor agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price charged to the Customer shall be subject to audit, and the Contractor shall make any and all records supporting the invoiced prices available for inspection, upon written request by the Customer. 6.11 Markup: The Markup shall be noted on the Price Sheet as follows: • Discount Markup-A Discount Markup shall be noted as a negative number, using either a minus sign "-.xx" or enclosed within parentheses"(.xx)",i.e. "-.01"or"(01)". • Markup-All other prices will be construed as a positive number for the Markup. The Markup or Discount Markup may include the Contractor's profit and any other costs the Contractor wishes to include. The Transaction Fee required by section 4.14 shall also be included in the Markup or Discount Markup. Prices shall be per gallon for the Markup or Discount Markup. 6.12 Allowable Charges: The Contractor may assess the following charges on the invoice: • Delivery charge as allowed as described in section 6.09. • Freight charges will apply on all Transport Deliveries. Charge will apply to Transport Delivery as defined in section 6.09 or to the actual gallons delivered. • Pump off charge for Transport Delivery, $20.00. May be charged more than once if Transport Delivery truck is required to relocate to deliver to additional tanks. Maximum pump off charge, $50.00 per Transport Delivery. • Excessive delay charge if Contractor has to wait more than 30 minutes to begin Fuel delivery. Will be charged $5.00 per 15 minute increment past the initial 30 minutes. • Back haul charge if Customer orders more than tanks can hold. Charge will vary per incident. 6.13 Invoicing and Payment: The Contractor agrees to be paid upon submission of properly certified invoices to the Customer for Fuel purchased as defined in section 6.10 of this solicitation document. Invoices shall be submitted to the Customer for each delivery made. The Contractor shall submit invoices for Fuel in sufficient detail for a proper preaudit and postaudit thereof, pursuant to section 287.058 of the Florida Statutes. The Customer agrees that payments to the Contractor will be made in accordance with section 215.422 of the Florida Statutes, and chapter 55 of the Florida Statutes. 6.14 Maintenance: The Customer shall maintain all tanks and dispensing equipment associated with their facility in good working order for the duration of the Contract. 6.15 Taxes: Invoice Fuel prices are not to include any State of Florida and/or Federal taxes from which the State and/or Customer is exempt. Any questions regarding applicable Fuel taxes may be directed to the Department of Revenue at (850) 488-2900. 6.16 DTN FastRacks: The Contractor and Customer may subscribe to the DTN FastRacks Averages by calling DTN's Sales Department at 1-800-779-5775, option 2. Ask for the State of Florida Contract subscription. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida 6.17 Fuel Permits: The State and/or Customer will be responsible for all facility required permits pertaining to Fuel storage and handling in accordance with all local, state and federal laws. 6.18 Schedule and Damages: The Contractor agrees to pay any and all actual damages in the event of a default by Contractor due to late completion of services. The Contractor shall reimburse the Customer for any and all reprocurement costs incurred by the Customer due to Contractor's failure to deliver, as well any and all out-of-pocket expenses the Customer directly or indirectly incurs related to the late delivery and/or completion of the services. 6.19 Federal and State Standards: It is the intent of the Department that all specifications herein are in full and complete compliance with all Federal and State of Florida laws and regulations applicable to the type and class of Commodity being provided. This includes, but is not limited to, Federal Motor Equipment Safety Standards ("FMVSS"), Occupational Safety and Health Administration ("OSHA"), Environmental Protection Agency ("EPA") Standards, and State of Florida requirements that apply to the type and class of Commodity being provided. In addition, any Federal or State legislation that should become effective during the term of the Contract, including any renewals, regarding equipment safety or emissions shall immediately become a requirement of the Contract. The Contractor must meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor must contact the Contract Administrator immediately. Delivery of non-conforming product shall be cause for Contract termination and possible Contractor suspension. 6.20 Diesel and Gasoline Specifications: The Contractors will provide gasoline, diesel and/or Biodiesel per the following specifications: 6.20.1 405-120-250-0600 Biodiesel Fuel, Blend Blend of biodiesel and a percentage percent ultra- low sulfur petroleum diesel, for use in over the road diesel engine, meeting the A.S.T.M specification D6751 for pure biodiesel shall consist of mono-alkyl esters of long chain fatty acids derived from new and used vegetable oils and animal fats, designated B100, before blending with grade no. 2-D low petroleum diesel per A.S.T.M. specification D975, final product shall comply with Florida Department of Agriculture and Consumer Services inspection laws. Certified under the BQ9000 quality program. To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. The freight charge will apply to the difference in gallons, between the minimum gallons listed and the gallons actually delivered. Freight charges will not be included in the Transport Delivery Markup. 6.20.2 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, 40 cetane min.), for use in over the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. Freight charges will not be included in the Transport Delivery Markup. 6.20.3 405-120-270-0030 Ultra Low Sulfur Fuel Diesel Fuel, Red Dye, Grade No. 2-D for use in off The road diesel engine, per A.S.T.M. specification D975, Grade # 2 S15 complying with Florida CFLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing i We serve those who serve Florida Department of Agriculture and Consumer Services standards 5F-2.001. It shall have a minimum cetane number of 40 using ASTM D613. To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. Freight charges will not be included in the Transport Delivery Markup. 6.20.4 405-220-930-7800 Gasoline E10, Unleaded 87 Octane:, Conforming to Florida Administrative Code 5F-2.001, Florida Department of Agriculture and Consumer Services. To be delivered as ordered via transport truck in full loads, minimum delivery 8,000 Gallons. Freight charges will not be included in the Transport Delivery Markup. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCMS state purchasing We serve those who serve Florida SECTION 7.0 FORMS CONTENTS: 7.1 SOLICITATION PREPARATION CHECKLIST 7.2 ORDERING INSTRUCTIONS 7.3 SAVINGS/ PRICE REDUCTIONS 7.4 CONTRACT SIGNATURE PAGE (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE. HOWEVER, SHOULD THE DEPARTMENT DETERMINE TO MAKE AWARD, SUBMITTAL OF THIS DOCUMENT SHALL BE REQUIRED. ANY SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) 7.5 CERTIFICATION OF DRUG-FREE WORKPLACE [The remainder of this page is intentionally left blank (other than footer information)] ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida 7.1 Solicitation Preparation Checklist The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their response. The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Check off each of the following as you comply: The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting and payment requirements as specified in the requirements, terms, and conditions of all previous or existing agreements with State of Florida agencies. Download, read, and understand the entire solicitation, including all attachments (ITB No. 21- 405-000-X; Bulk Fuel, Gasoline and Diesel: Sections 1.0 through 7.5 of the solicitation, and the MyFloridaMarketPlace RFX Info tab contents). Reviewed the Timeline, Section 1.2 of the solicitation. If necessary, reviewed the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or received assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or vendorhelp(a)myfloridamarketplace.com. Submitted any questions to the MyFloridaMarketPlace Q&A Board (no later than as specified in the Timeline, Section 1.2 of the solicitation). Viewed answers to submitted questions as posted in any Addendum or Amendment to the solicitation on the MyFloridaMarketPlace Sourcing Tool and / or Vendor Bid System. Responded and submitted ITB response in MyFloridaMarketPlace sourcing tool in accordance with Solicitation Timeline. Provided answers to all required questions within the MyFloridaMarketPlace Sourcing Tool. Submitted response using the MyFloridaMarketPlace Sourcing Tool. David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP® PURCHASING ANALYST DIVISION OF STATE PURCHASING DEPARTMENT OF MANAGEMENT SERVICES 4050 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FL 32399-0950 The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. See the complete requirements, specifications, terms, and conditions of the solicitation for details. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCms sta tc p u rc hasing We serve those who serve Florida 7.2 Ordering Instructions Bulk Fuel, Gasoline and Diesel ITB No. 21-405-000-X VENDOR NAME: VENDOR TAX ID NUMBER: Ordering Information: Please provide the following information about where Customers should direct orders. You must provide a regular mailing address and email address. If equipped to receive purchase orders electronically, you may also provide an Internet address. Name: Title: Street Address or P.O. Box: City, State, Zip: Email Address: Phone Number: Toll Free Number: Ordering Fax Number: Internet Address: Federal ID Number: Remit Address: City, State, Zip: Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Please identify the person who will be responsible for maintaining your electronic catalog information through MyFloridaMarketPlace. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: CFLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing i We serve those who serve Florida Please be advised that vendors are responsible for verifying and maintaining the correct contact and address information within their MyFloridaMarketPlace vendor registration account. Failure to do so may result in the vendor being deemed ineligible to conduct business with the State of Florida. 7.3 Savings/Price Reductions Bulk Fuel, Gasoline and Diesel ITB No. 21-405-000-X DATE The Respondent is required to furnish the percent (%) savings in prices offered compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this bid. COMPETITIVE PRICES OFFERED PROVIDE THE FOLLOWING PERCENTAGE OF SAVINGS: HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at [URL], or other source of benchmark prices)? AUTHORIZED SIGNATURE: TELEPHONE NUMBER: BIDDER/RESPONDENT NAME: IF CONTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CCms state purchasing We serve those who serve Florida WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST: PUR 7064 (Rev 2/04) FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida 7.4 CONTRACT Bulk Fuel, Gasoline and Diesel ITB No. 21-405-000-X This Contract, effective the last date signed below, is by and between the State of Florida, Department of Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor ("Contractor"). The Contractor responded to the Department's Invitation to Bid No. 21-405-000-X, Bulk Fuel, Gasoline and Diesel. The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. The specific products awarded to Contractor, and the maximum rates Contractor may charge Eligible Customers, are identified on the attached Price Sheets. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract begins on the Effective Date, with the initial contract term ending June 30, 2014. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: • Any written amendments to the Contract • This document, including Price Sheets • Technical Specifications • Special Conditions • General Contract Conditions (PUR 1000) • Special Instructions to Respondents • General Instruction to Respondents (PUR 1001) • Any Purchase Order under the Contract • Contractor's bid State of Florida, Date Department of Management Services By: Linda H. South, Secretary Contractor Name: (Seal) Street Address or P.O. Box: City, State, Zip: By: Date Its: ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1 , Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: American Homegrown Fuel Corporation (A) Organization FEID Number: 06-1711629 MFMP / SPURS Vendor Number: 06-1711629-001 Street Address: 13852 Waterchase Way City, State, and Zip: Jacksonville, FL 32224-0806 E-mail Address: 0ohn(o-)fcbio.com Internet Address: http://www.fcbio.com Telephone Number: 904-525-3835 Toll-Free Number: n/a Fax Number: 309-415-9093 Remit Address: Organization Name: American Homegrown Fuel Corporation Remit-To Street Address: 13852 Waterchase Way Remit-To City, State, Zip: Jacksonville, FL 32224-0806 Contract Administrator: Name: John Magwood Title: President Street Address: 13852 Waterchase Way City, State, and Zip: Jacksonville, FL 32224-0806 E-Mail Address: iohn(o-)fcbio.com Telephone Number: 904-525-3835 Toll-Free Number: n/a Cell Phone Number (Optional): n/a Fax Number: 309-415-9093 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (id s state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1 , Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Eli Roberts and Sons, Inc (A) Organization FEID Number: 59-3232755 MFMP / SPURS Vendor Number: 59-3232755-001 Name: Elaine Lawrence Title: Dispatcher Street Address: 2195 Lake Bradford Road City, State, and Zip: Tallahassee, Florida 32310 E-mail Address: elaine(o-)eliroberts.com Internet Address: n/a Telephone Number: 850-576-3145 Toll-Free Number: n/a Fax Number: 850-574-3788 Remit Address: Organization Name: Eli Roberts and Sons, Inc Remit-To Street Address: 2195 Lake Bradford Road Remit-To City, State, Zip: Tallahassee, Florida 32310 Contract Administrator: Name: Fonda Neel Title: Account Manager Street Address: 2195 Lake Bradford Road City, State, and Zip: Tallahassee, Florida 32310 E-Mail Address: fonda(o-)eliroberts.com Telephone Number: 850-576-3145 Toll-Free Number: n/a Cell Phone Number (Optional): n/a Fax Number: 850-574-3788 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: G. W. Hunter, Inc. (A) Organization FEID Number: 59-1615975 MFMP / SPURS Vendor Number: 59-1615975-001 Name: Terry L. Hunter Title: President Street Address: PO Box 958 City, State, and Zip: Lake City, FL 32056 E-mail Address: tlhunter(a)-gwhunterinc.com Internet Address: n/a Telephone Number: 386-752-5890 Toll-Free Number: n/a Fax Number: 386-755-5510 Remit Address: Organization Name: G. W. Hunter, Inc. Remit-To Street Address: PO Box 958 Remit-To City, State, Zip: Lake City, FL 32056 Contract Administrator: Name: Terry L. Hunter Title: President Street Address: PO Box 958 City, State, and Zip: Lake City, FL 32056 E-Mail Address: tlhunter(a)-gwhunterinc.com Telephone Number: 386-752-5890 Toll-Free Number: n/a Fax Number: 386-755-5510 ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1 , Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Jim Hinton Oil Co., Inc. (A) Organization FEID Number: 59-1275843 MFMP / SPURS Vendor Number: 59-1275843-011 Name: Bill Bozeman Title: Operations Manager Street Address: 204 North East Haines St. Street Address: P O Box 39 City, State, and Zip: Live Oak, FL 32064 E-mail Address: bbozeman(a)hintonoil.com Internet Address: n/a Telephone Number: 386-362-2935 Toll-Free Number: 800-361-2935 Fax Number: 386-362-5961 Remit Address: Organization Name: Jim Hinton Oil Co., Inc. Remit-To Street Address: 204 North East Haines St Remit-To City, State, Zip: Live Oak, FL 32064 Contract Administrator: Name: Garry Vann Title: Sales Manager Street Address: 204 North East Haines St City, State, and Zip: Live Oak, FL 32064 E-Mail Address: gvann(a)hintonoil.com Telephone Number: 386-590-6231 Toll-Free Number: 800-361-2935 Fax Number: 386-362-5961 ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1 , Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: J.V. Gander Distributors, Inc. (A) Organization FEID Number: 59-1986161 MFMP / SPURS Vendor Number: 59-1986161-004 Name: Jim Gander Title: Vice President Street Address: 319 Water Street P. O. Box Address: P. O. Box 70 City, State, and Zip: Apalachicola, FL 32320 E-mail Address: iim(a�ivgander.com Internet Address: http://www.mvgander.com Toll-Free Number: 866-653-8889 Telephone Number: 850-653-8880 Fax Number: 850-653-9818 Remit Address: Organization Name: J.V. Gander Distributors, Inc. Remit-To Street Address: P. O. Box 70 Remit-To City, State, Zip: Apalachicola, FL 32320 Contract Administrator: Name: Jim Gander Title: Vice President Street Address: 319 Water Street P. O. Box Address: P. O. Box 70 City, State, and Zip: Apalachicola, FL 32320 E-Mail Address: iim(o)ivgander.com Toll-Free Number: 866-653-8889 Telephone Number: 850-653-8880 Fax Number: 850-653-9818 ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1 , Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: L.V. Hiers, Inc. (A) Organization FEID Number: 59-2011260 MFMP / SPURS Vendor Number: 59-2011260-001 Name: Andy Stone Title: Vice President Street Address: 253 East Florida Avenue P. O. Box Address: P. O. Box 1229 City, State, and Zip: Macclenny, FL 32063 E-mail Address: astone(o)lvhiers.com Internet Address: http://www.lvhiers.com/ Telephone Number: 904-259-2314 Toll-Free Number: n/a Fax Number: 904-259-4518 Remit Address: Organization Name: L.V. Hiers, Inc. Remit-To Street Address: P. O. Box 1229 Remit-To City, State, Zip: Macclenny, FL 32063 Contract Administrator: Name: Andy Stone Title: Vice President Street Address: 253 East Florida Avenue P. O. Box Address: P. O. Box 1229 City, State, and Zip: Macclenny, FL 32063 E-mail Address: astone(o)lvhiers.com Telephone Number: 904-259-2314 Fax Number: 904-259-4518 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Macmillan Oil Company of Florida, Inc. (0) Organization FEID Number: 59-0648243 MFMP / SPURS Vendor Number: 59-0648243-001 Name: Eduardo Rodriguez Title: General Sales Manager Street Address: 2955 East 11th Avenue City, State, and Zip: Hialeah, FL 33013 E-mail Address: eduardo(a)-macmillanoil.net Internet Address: n/a Telephone Number: 305-283-8580 Toll-Free Number: n/a Fax Number: 305-691-7817 Remit Address: Organization Name: Macmillan Oil Company of Florida, Inc. Remit-To Street Address: 2955 East 11th Avenue Remit-To City, State, Zip: Hialeah, FL 33013 Contract Administrator: Name: Eduardo Rodriguez Title: General Sales Manager Street Address: 2955 East 11th Avenue City, State, and Zip: Hialeah, FL 33013 E-mail Address: eduardo(a)-macmillanoil.net Telephone Number: 305-283-8580 Fax Number: 305-691-7817 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Mansfield Oil Company (A) Organization FEID Number: 58-1091383 MFMP / SPURS Vendor Number: 58-1091383-001 Name: Bill Hammond Title: Customer Service Supervisor Street Address: 1025 Airport Parkway, S.W. City, State, and Zip: Gainesville, Georgia 30501 E-mail Address: BHammond(a)-MansfieldOil.com Internet Address: www.mansfieldoil.com Toll-Free Number: 800-255-6699 ext. 2082 Telephone Number: 678-450-2135 Fax Number: 800-283-3835 Remit Address: Organization Name: Mansfield Oil Company Remit-To Street Address: P. O. Box 934067 Remit-To City, State, Zip: Atlanta, GA 30501 Contract Administrator: Name: Ginger McDaniel Title: Government Sales Analyst Street Address: 1025 Airport Parkway, S.W. City, State, and Zip: Gainesville, Georgia 30501 E-Mail Address: GMcDaniel(a)-MansfieldOil.com Toll-Free Number: 800-255-6699 ext. 2135 Telephone Number: 678-450-2135 Fax Number: 678-450-2280 ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1 , Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Petroleum Traders Corporation Organization FEID Number: 35-1462227 MFMP / SPURS Vendor Number: 35-1462227-001 Name: Gayle Newton & Contract Sales Staff Title: Contract Sales Manager Street Address: 7120 Pointe Inverness Way City, State, and Zip: Fort Wayne, IN 46804-7928 E-mail Address: gnewton(o-)petroleumtraders.com Internet Address: www.petroleumtraders.com Toll-Free Number: 800-348-3705 x1002 Telephone Number: 260-432-6622 x1002 Fax Number: 260-207-6347 Remit Address: Organization Name: Petroleum Traders Corporation Remit-To Street Address: 7120 Pointe Inverness Way Remit-To City, State, Zip: Fort Wayne, IN 46804-7928 Contract Administrator: Name: Gayle Newton Title: Contract Sales Manager Street Address: 7120 Pointe Inverness Way City, State, and Zip: Fort Wayne, IN 46804-7928 E-mail Address: gnewton(o-)petroleumtraders.com Toll-Free Number: 800-348-3705 x1002 Telephone Number: 260-432-6622 x1002 Fax Number: 260-207-6347 ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1 , Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Port Consolidated Corporation (A) Organization FEID Number: 59-1173292 MFMP / SPURS Vendor Number: 59-1173292-001 Name: Fay Francisco Title: Customer Service Street Address: 3141 SE 14th Ave. P. O. Box Address: P. O. Box 350430 City, State, and Zip: Fort Lauderdale, FL 33335-0430 E-mail Address: francisco(a�portconsolidated.com Internet Address: http://www.portconsolidated.com Toll-Free Number: 800-683-5823 Telephone Number: 954-522-1182 Fax Number: 954-527-1191 Remit Address: Organization Name: Port Consolidated Corporation Remit-To Street Address: P. O. Box 350430 Remit-To City, State, Zip: Fort Lauderdale, FL 33335-0430 Contract Administrator: Name: Don Carlton Title: Vice -President Street Address: 3141 SE 14th Ave. City, State, and Zip: Fort Lauderdale, FL 33316 E-Mail Address: dcarlton(a)portconsolidated.com Toll-Free Number: 800-683-5823 Telephone Number: 954-522-1182 Fax Number: 954-527-1191 ( FLORIDA DEPARTMENT OF MANAGEMENT SERVICES id s state purchasing i We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1 , Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: SMF Energy Corporation Organization FEID Number: 65-0707824 MFMP / SPURS Vendor Number: 65-0707824-002 Name: James Almeida or Melanie Marauszwski Title: Inside Sales Street Address: 200 West Cypress Creek Road, Suite 400 City, State, and Zip: Fort Lauderdale, Florida 33309 E-mail Address: ialmeida(o-)mobilefueling.com or mmarauszwski(a�mobilefueling.com Internet Address: www.mobilefueling.com Toll-Free Number: 800-383-5734 Telephone Number: 954-308-4198 Fax Number: 954-308-4221 Remit Address: Organization Name: SMF Energy Corporation Remit-To Address: P. O. Box 932640 Remit-To City, State, Zip: Atlanta, GA 31193-2640 Contract Administrator: Name: Steve Leavitt Title: Vice-President of Marketing and Sales Street Address: 200 West Cypress Creek Road, Suite 400 City, State, and Zip: Fort Lauderdale, Florida 33309 E-Mail Address: sleavitt(o-)mobilefueling.com Telephone Number: 954-308-4183/954-308-4200 Fax Number: 954-308-4219 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CMS state purchasing We serve those who serve Florida Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Terrell Industries Inc. (A) Organization FEID Number: 65-0530148 MFMP / SPURS Vendor Number: 65-0530148-001 Name: Grady Terrell, III Title: President Street Address: 2067 1 st Avenue North City, State, and Zip: St. Petersburg, FL 33713 E-mail Address: gterrell(aD-verizon.net Internet Address: http://terrellindustries.com/ Toll-Free Number: n/a Telephone Number: 727-823-4424 Fax Number: 727-823-3977 Remit Address: Organization Name: Terrell Industries Inc. Remit-To Street Address: 2067 1st Avenue North Remit-To City, State, Zip: St. Petersburg, FL 33713 Contract Administrator: Name: Grady Terrell, III Title: President Street Address: 2067 1 st Avenue North City, State, and Zip: St. Petersburg, FL 33713 E-mail Address: gterrell(aD-verizon.net Telephone Number: 727-823-4424 Fax Number: 727-823-3977 U) U C7 LO L (Y) LO co Cn O rl- O N CU E CU C) m Cn O U E Q N +r m 0 Co a (n 0 � CL y J_ (n 0 co O 4) D (� O W ' M � O - O (.O N C 70 m C -0 M +�•' co "T N co O- 00 N m 0) i - (� 4' W ti 00 00 00 ti ti ti O D CO c N N N N N N N V O (6 O C� '� ) o CL M ° = 00 o O J 7 ° N OJ LO ' (y) CU Z N N OJ LO CO � a J O O O O O C C p N N N 07 N N N >N - Q Q aI L •L r > 70 L. (V N > C1 J N m m O � 0 � •0 O" L Q •L M O CA CA CA O CA CA a) Lb (L Z 4) N N N 07 N N N O C >' 7 0 (n a a > 0 N m Q m N M �T w w f• V M LO W D L > tL (n i N Q Q � � N cv O Y V N M +�+ CL z L n a �a o M 0 a c }' (n in ri > cva E ° ca 'L c o ca . CL E °a Z — z c c E E m o � a s O H m r,: H A H DISTRICT MAP Lwwry 607E ,.y,.J-IJ.S RIIWy, PC- i5•.JOFI TRR {{ MI a Y fxSb_• H _ iNCxW - FLiRfg R L�arp �I ci+blSl WESTERN NORTHERN CENT& SOUTHERN ESCAMBIA GILCHRIST CITRUS GLADES SANTA ROSA ALACHUA SUMTER MARTIN OKALOOSA UNION LAKE HENDRY WALTON BRADFORD HERNANDO PALM BEACH HOLMES BAKER SEMINOLE COLLIER WASHINGTON NASSAU ORANGE BROWARD BAY DUVAL PASCO MONROE JACKSON CLAY PINELLAS DADE CALHOUN PUTNAM HILLSBOROUGH GULF ST. JOHNS POLK LIBERTY FLAGLER OSCEOLA FRANKLIN VOLUSIA BREVARD GADSDEN MARION INDIAN RIVER WAKULLA LEVY MANATEE LEON HAMILTON HARDEE JEFFERSON COLUMBIA HIGHLANDS TAYLOR SUWANNEE OKEECHOBEE MADISON ST. LUCIE LAFAYETTE SARASOTA DIXIE DESOTO CHARLOTTE LEE 9 State Term Contract No. 405-000-10-1 ; Bulk Fuel, Gasoline and Diesel Section 4.0, Southern Counties Price Sheet This State Contract contains awards for transport delivery only This State Contract contains awards for transport delivery only. In accordance with best purchasing practices, buyers are urged to use the lowest price whenever possible. 4.1 Broward 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Macmillan Oil Company $0.0220 Mansfield Oil Company LLC. $0.0360 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Macmillan Oil Company $0.0220 Mansfield Oil Company LLC. $0.0395 405-120-250-0600 Biodiesel Blend Macmillan Oil Company $0.0320 Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Macmillan Oil Company $0.0160 Mansfield Oil Company LLC. $0.0250 4.2 Collier 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 4.3 Miami-Dade 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Macmillan Oil Company $0.0230 Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Macmillan Oil Company $0.0230 Mansfield Oil Company LLC. $0.0395 405-120-250-0600 Biodiesel Blend Macmillan Oil Company $0.0330 Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Macmillan Oil Company $0.0170 Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 4.4 Glades 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 4.5 Hendry 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 4.6 Martin 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 4.7 Monroe 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 Macmillan Oil Company $0.0670 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Mansfield Oil Company LLC. $0.0395 Petroleum Traders Corporation $0.0487 Macmillan Oil Company $0.0670 405-120-250-0600 Biodiesel Blend Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 Macmillan Oil Company $0.0770 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Mansfield Oil Company LLC. $0.0250 Petroleum Traders Corporation $0.0406 Macmillan Oil Company $0.0630 4.8 Palm Beach 405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Macmillan Oil Company $0.0250 Mansfield Oil Company LLC. $0.0360 Petroleum Traders Corporation $0.0387 405-120-270-0030 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Macmillan Oil Company $0.0250 Mansfield Oil Company LLC. $0.0395 405-120-250-0600 Biodiesel Blend Macmillan Oil Company $0.0350 Mansfield Oil Company LLC. $0.0408 Petroleum Traders Corporation $0.0640 405-220-930-7800 Gasoline E10, Unleaded 87 Octane Macmillan Oil Company $0.0180 Mansfield Oil Company LLC. $0.0250 MACMILLAN OIL COMPANY OF FLORIDA , INC . 2955 EAST 11 "' f1 AVENUE , HIALEAH , FL 33013 - 3509 Ph : 305 - 691 - 7814 Ext . 33 Fax 305 - 693 - 1880 July 15, 2014 Kevin G. Rumell Fleet Maintenance Superintendent CITY OF DELRAY BEACH 100 NW 1ST Ave Delray Beach, FL 33444 rumell@mvdelraybeach.com RE! Florida State Contact 405-000-10-1 (July 1, 2014 to June 30, 2016) Dear Mr. Rumell, In compliance with the City of Delray Beach Purchasing Ordinance No. 29-13, the fuel delivered and sold to the City of Delray Beach by Macmillan Oil Company is at the lowest price offered to any governmental entity within the State of Florida. Please let me know if any additional information is needed. Regards, MACMILLAN OIL COMPANY OF FLORIDA, INC r �1 William Putnam Vice President—Operations WPP/bms 7/16/2014 11:34:08 AM DELRAY BEACH Fuel Receipts by Date/Time and Product From 10/01/2012 to 09/30/2013 Report Totals by Product Type (All Selected Products): Product Type Totals Receipts Quantity Invoice Amount Diesel 70 IF 80,963 gallons $0.00 Unleaded 58 304,862 gallons $0.00 Report Totals (All Receipts): Number of Reccip#s Total Quantity Total Invoice Amount 128 385,825 gallons 50.00 s a4 Page l of 1 II , I I I I I I E C f f II 1 1 1 z H , H ! H I Q1 a E I 0 H E H O f1E Ei o a U E I I O O w z Q [ W Z [ O I H � W Q F o� I dl Q1 rn O I rn rn � Cl- 'A I Ol H [xa U) W Z D O O a 0 O N E-1 w H itl I ,-1 0 �• a I W U �,. � CD o Ea ` Y •�C o E UZ m z [ H o I x � N I •�Z f-+ � � p P'e �$ � a W I H E+ W p: Ri o W H � W0 W 44 W r W fA U U) 0o OE P$ q I W W WQ '�� F. 0 O O ! O W 5-I C7 O W 1z-1 I C3 yl o R W El Qg Og Oq U U w �Ei r4 Z 5 O WWw x H A4 �4 W P4 W I C U C-.! 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Z U l.nL()0101010100010 N61 61 61 10 61N O1NNN01 l0 Lf}iSlh hi�LD N 011 t Fx] E-I Lf I)hd d hd d d p nhHHHL� n�OOOhNHr d V d 0 p;p;•ri r ^,� < 00000ONNNO00000000HHHaa000000 1304Ut M100000000000000000000000000000 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Parks &Recreation THROUGH: Terry Stewart, Interim City Manager DATE: July 21, 2014 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RETROACTIVE APPROVAL OF PRIOR PURCHASES/BOLA RATON SMALL ENGINES INC. BACKGROUND Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions From Vendor Exceeding $25,000 in any Fiscal Year", requires prior approval from the Commission when total annual purchases from any one vendor is forecasted to exceed $25,000. Year to date purchases have exceeded $25,000 and staff is requesting retroactive approval for the prior purchases and authority to expend $30,000 for FY 2014. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Parks & Recreation (Parks Maintenance) expects the total FY 2014 activity for the purchase of lawn equipment and repair kits, edger blades and weedeater string for weedeaters, blowers, edgers, and chain saw related purchases to exceed the FY 2013 level. Purchases year-to-date for the vendor has exceeded the $25,000 threshold. Vendor Name Vendor# YTD$ Previous YTD Boca Small Engine Inc. 61845 $25,730.88 $ 36,847.38 OPERATING COST Funding is available under the approved FY 2014 departmental operating and capital budgets. The Commission's approval of this item would have no effect on FY 2014 budgeted operating costs. TIMING OF THE REQUEST This item is time sensitive, as the amount expended with this vendor has exceeded the threshold. FUNDING SOURCE Funding is available under the approved FY 2014 departmental operating and capital budgets. RECOMMENDATION Parks & Recreation recommends retroactive approval for prior purchases in excess of $25,000 and authority to expend up to a total of$30,000 in FY 2014 from Boca Raton Small Engines Inc. PI200IO2 City Of Delray Beach Florida 8/08/14 Vendor File Inquiry 14:19:15 Vendor number= 61845 Active/Inactive A Name BOCA RATON SMALL ENGINES INC Address 104 NW 20TH STREET Order .discount .00 Tax percent .00 City . . . . . BOCA RATON Ship VIA : BEST WAY State . . FL FLORIDA F.O.B DESTINATION Zip Code 33431 Minority status N HONE Contact Terms : RITA BASILE Last activity date: 7/30/14 Discount percent .00 Y—T--D purchases 27109.61 Nbr of days: Discount due: 0 Pry yrs purchases = 36847.38 Net due . . • 0 Day of month due . . 0 Credit limit 0 DMS print/email default. 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I H I o 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o P o 0 o P p P p n P p rn m O O I 14 s I i H H rl H H H N N H H rl N H H N H H H H H H H H H H H H H H H H H H H H H H H H H H H H N W I H I ❑ I aaaaazzazzzzzzwaN0 7Z NNNNZ,7, 7, 7.,7,7,7, zzaaa7,zZaaAlaaaaaa [� I a u 11�-C•Ca' dww SWwwW W W Ld SKCFCwW W W wUl(4WW FC :C 4 M MW� FC><CFCFCRFCfS� U I wC7 - � d•dldlCd'a'awalwa�wdlwwwwwawwcwala<alccmmrncd� dld�d� wwwa� a�wera��a ID I H a I H H r�ri ri ri rl rl H rl rl ri rl H rl rl H ri N H H H H H H H H H H H H H H H H H H ri H ri H H HHH N w w ty'uwl \\H\\\H\\\\\\�\�\\\\\\\\\\\HHHH\\\\\\\\\\\\\\H H W W a a I N N M 1+5 M rl rl N rl ri rl rl rl H N N N H N N N Cl H H H H H H H H H H H H H H ri r3 H ri H H H H N N H O I� i \ � i 1!1 Qt H ri rl N M lD M 01 O ri rl M M N M d1 Ol O H H M ry m Ol Ol O l!i M m W 111 W H r1 H S"}r W 6�O1 MOM� \h }{ 0 v 1p N N N O1 N N b m h h N N N N M m ry r ry H H H H H N l!i tO 1D M 111 l➢N N N H H H H -i 19 N N H r[n H s O d• W m n m N N N N N N N N N N N N H N N N N m m m W m m h ry ry H h r 1p 1D 1D W W W W m r m N d' `L N S W i d• W M M M W d'd`d'W d'd' W d' d' d1 d� W VI d1 d•d•M M M f.1!+1 M M M M W M M M M M M M M M M M M d'a' on I en a mmmmmmmmmsmmmmmmmmmmmmmmmmmmmmmmmma�maimaemmmms,mrn (� I \ I lfl lD O t9 l0 t9<0 tD m SD CO 4]lD l0 lD 1p lD 1p l0 t0 1p 10 1p�lO�10 4p l0 lO 1D 1D 1D 1➢1))b 1D�m 1D W�B 19 1p�19 w W I Pe 0 I ❑ y" I lfl tp m m M Al 1p.-I ci.-I H .-I un tp w w In w w w to r r r r h h N N N h m m lP Ifl Ln m m m m m m m.l0 C7 I i U I 61 01 M di Ol H '-I Ol h r r r r d'�'}M M 6l M 1'1 I'1 1']h h h h h h 1f]Ifl l!Y H Ol a,l0 lD 10 m m m m O m m M 61 W O 11 I W F I ry ry dl d' d'd' W r M M rvi M M M 111 in N N In in ul m H.-I H .-I H H H H.--I d1 N N O O O N N N N N N N M h N a V 1 m 1 0 0 0 O P P O p O o d P P P P d d b O O b O O O O 0 O O O O 0 O 0 O O O O O O O O O O O O O w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: August 4, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RESOLUTION NO.38-14 BACKGROUND Becker and Poliakoff, special federal counsel to the City for recovery residence legislative matters, has alerted the City Attorney's office of a pending deadline to submit to the Florida League of Cities (FLC) a resolution on recovery residences for inclusion in its federal policy agenda. This agenda, including the City resolution, is then submitted to the National League of Cities (NLC). The annual FLC meeting is held in Hollywood, Florida on August 14, 2014. The deadline for filing resolutions was July 9, 2014, however, there is a process for late filing a city resolution. This resolution will hopefully, in part, help shape the NLC national platform. If the City wishes to timely participate in this process, it must adopt the resolution no later than the last City Commission meeting in August. The substance of the resolution was drafted by special counsel. DISCUSSION Special counsel is recommending that the City adopt a resolution supporting the federal regulation of recovery residences and urge the Florida and National League of Cities to make this issue part of their policy agenda. TIMING OF THE REOUEST This item is time sensitive in order to meet the deadlines for late filing a resolution with the FLC. RECOMMENDATION The City Attorney recommends approval. RESOLUTION NO. 38-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING ESTABLISHING A REGULATORY STRUCTURE FOR THE RECOVERY RESIDENCE INDUSTRY; URGING THE FLORIDA AND NATIONAL LEAGUE OF CITIES TO SUPPORT EFFORTS BY STATE AND LOCAL GOVERNMENTS TO REGULATE RECOVERY RESIDENCES; URGING CONGRESS TO ENACT LEGISLATION REGARDING RECOVERY RESIDENCES TO PROTECT THE HEALTH, SAFETY AND WELFARE OR THE RESIDENTS OF LOCAL COMMUNITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida deems it beneficial to urge the National League of Cities, the Florida League of Cities and its colleagues therein to raise to a national discussion, concerns related to the proliferation of unregulated recovery residences; and, WHEREAS, recovery residences, also known as "sober living homes" or "sober houses" provide a great value to persons overcoming drug and alcohol addictions;and, WHEREAS, the recovery residence industry's prolific growth has raised questions nationwide as to whether a regulatory structure is necessary; and, WHEREAS, these homes typically provide a drug and alcohol-free living environment for individuals recovering from substance abuse, however, there is no universally accepted definition for these businesses, leaving to interpretation those characteristics that distinguish them from other regulated housing options;and, WHEREAS, individuals in recovery are disabled within the meaning of the Americans with Disabilities Amendments Act (ADAA) and handicapped within the meaning of the Federal Fair Housing Amendments Act (FHAA),which prohibit discrimination on the basis of disability/ handicap status;and, WHEREAS, there is no clarifying definition of the protected class, except to describe individuals blanketed by the law as individuals who are "not currently using alcohol or substances"; and, WHEREAS, states and local governments are limited by federal laws in their ability to address the impacts to local communities of "over-concentration" and "clustering" due to the proliferation of homes in many cities around the country;and, WHEREAS, the Department of Housing and Urban Development (HUD) is charged with the interpretation of the FHAA, while the Department of Justice (DOJ) is charged with the enforcement of the law, but there has been no updated interpretation of the acts and how it applies to these homes or their protected residents since a Joint Agency Statement dated August 18, 1999, entitled, Group Homes, Local Land Use, and the Fair Housing Act;and, WHEREAS, the courts have applied the FHAA and ADA inconsistently over the years causing a great financial and social burden on states and local governments facing over-concentration of sober homes; and, WHEREAS, there are myriad concerns for the health, safety and welfare of the residents themselves since the lack of regulation has sometimes resulted in poorly run houses that provide little or no supervision or support for individuals recovering from addiction;and, WHEREAS, patient brokering arrangements between some homes and service providers result in costly over-utilization of lab workups and the over-charging of private-pay residents, health insurance companies, and medicaid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach urges the National League of Cities (NLC) to support efforts by states and local governments to regulate businesses in the form of recovery residences in order to protect the health, safety, and welfare of the residents of the recovery homes as well as local communities. Section 2. That the City of Delray Beach urges the NLC to call on the Department of Housing and Urban Development in concert with the Department of Justice to amend and update their Joint Agency Statement dated August 18, 1999, entitled, Group Homes, Local Land Use, and the Fair Housing Act to more clearly define and give guidance regarding who is and is not included in the protected class of individuals under the FHAA and ADA with respect to recovery residences. Section 3. That the City of Delray Beach requests the NLC to strongly urge Congress, in recognition of the large and growing number of states and local governments throughout the nation attempting to address sober home proliferation, to amend federal statutes to provide states and local governments appropriate latitude to oversee and regulate recovery residences within their jurisdictions. Section 4. That the City of Delray Beach requests that the NLC further urge Congress that legislation pertaining to sober homes to determine that the proper jurisdiction for developing a regulatory structure with respect to recovery residences reside within the separate States. Section 5. This Resolution shall take effect immediately upon adoption. 2 Res No. 38-14 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of , 2014. MAYOR ATTEST: City Clerk 3 Res No. 38-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department John Morgan, Sustainability Officer Randal Krejcarek, P.E., Director of ESD THROUGH: Terry Stewart, Interim City Manager DATE: July 7, 2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RESOLUTION NO.37-141WATER CONSERVATION HOTEL AND MOTEL PROGRAM (WATER CHAMP) BACKGROUND Implementing water conservation is a requirement of the Consumptive Use Permit issued to the City of Delray Beach by the South Florida Water Management District (SFWMD). This permit regulates the amount of groundwater withdrawn from the wells that supply the City's potable water treatment plant. Participation in the Water Conservation Hotel and Motel Program (Water CHAMP) will directly support the City's commitment to water conservation. Water CHAMP promotes and recognizes the water conservation efforts of lodging facilities. The SFWMD has requested that the City consider implementing Water CHAMP within the City's potable water service area. At their June 26, 2014 meeting, the City of Delray Beach Green Implementation Advancement Board (GIAB) discussed the benefits and costs of Water CHAMP and recommended that the City Commission agree to participate in the program. Water CHAMP includes three elements: (1) a linen reuse program; (2) a towel reuse program; and (3) installation of high-efficiency faucet aerators (1 gallon/minute). For the initial two year start-up period, the SFWMD will supply the in-room signage and faucet aerators for the lodging facilities that agree to participate in the program. In turn, the City will promote lodging facility participation in the program, work with the SFWMD to track water saved by the program participants, and provide future program materials, as needed. The two primary benefits for the participating properties are the "green" recognition from the Water CHAMP brand and the dollar savings realized from reduced water consumption. The primary benefit to the City is that the potable water saved through conservation efforts will be available to support new demand within the utility service area. By documenting these conservation efforts, the City strengthens its case for the renewal of the Consumptive Use Permit for the water treatment plant. At the conclusion of the initial two year start-up period, the City will evaluate the benefits and costs of continuing participation in Water CHAMP. Should the City decide to continue participation the small cost for the program materials (approximately $500 annually) will be budgeted through the utility enterprise fund. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This item before the Commission is a request for approval to partner with the South Florida Water Management District in implementing the Water Conservation Hotel and Motel Program. OPERATING COST The costs for materials during the initial two year start-up are covered by the South Florida Water Management District (SFWMD). SFWMD estimated that they will expend approximately $600 per year for promotional materials and faucet aerators. Should the City decide to continue participation after the start-up period, the cost for promotional materials (estimated not to exceed $500 per year) would be funded from the utility enterprise funds. Additionally, a small portion (less than two percent) of the City Sustainability Officer's time will be dedicated to outreach and reporting for Water CHAMP. TIMING OF THE REQUEST This item is not time sensitive. The proposed strategy is to implement program start-up in advance of the 2014—2015 Winter Season. RECOMMENDATION Staff recommends the Commission approve participation in the Water Conservation Hotel and Motel Program (Water CHAMP). RESOLUTION NO. 37-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO A PARTNERSHIP WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PARTICIPATE IN THE WATER CONSERVATION HOTEL AND MOTEL PROGRAM (WATER CHAMP) FOR CITY HOTELS AND MOTELS FOR TWO YEARS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to enter into a partnership with the South Florida Water Management District (SFWMD) to support water conservation in the City's lodging facilities; and WHEREAS, SFWMD has developed the Water Conservation Hotel and Motel Program (Water CHAMP) to educate, promote, and recognize water conservation efforts in hotels and motels;and WHEREAS, Water CHAMP provides hotels or motels with free educational materials and signage to be placed in guest rooms to encourage hotel guests to reuse linen and towels. It also provides, at no charge, high-efficiency faucet aerators, which are designed to use less than half the water than aerators that operate at the current federal standard; and WHEREAS, there are approximately twenty (20) hotels and motels within the City,with approximately 1,126 rooms, that are currently eligible for Water CHAMP;and WHEREAS, the City desires to educate owners and managers of existing hotels and motels in the City regarding Water CHAMP and encourage their participation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby authorizes the City to accept a free two-year supply of start-up materials from Water CHAMP (training DVDs, faucet aerators, audit handbooks, posters, linen and towel reuse cards) and promote Water CHAMP to eligible hotels and motels in the City. Section 2. The City will meet with property owners and managers of the hotels and motels to distribute program start-up materials including a water use survey and questionnaire. The City will return the completed surveys and questionnaires to SFWMD. Section 3. The City will provide to SFWMD utility billing records for all participating properties so that the District may track water use and savings attributed to the program. Section 4. The City will participate in Water CHAMP for two years. At the end of two years, the City Commission will review Water CHAMP and decide, in its sole discretion,whether to purchase materials in order to continue the program within the City. Section 5. That this Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of . 2014. MAYOR ATTEST: City Clerk 2 Res No. 37-14 Water CHAMP Potential Participants Lodging Name Facility Type Number of Rooms Florida Green Lodging Program Participant Y/N Marriott Hotel 260 Y Colony Hotel Hotel 100 Y Seagate Hotel & Spa Hotel 163 N Hyatt Place Hotel 134 N Crane's Beach House Hotel & Hotel 27 N Tiki Bar Residence Inn Hotel 95 Y Fairfield Inn (Opening 2015) Hotel 95 Y Dover House Timeshare Resort 43 Y Gulfstream Manor Vacation Club Resort 23 Y The Vacation House Motel 8 N Budget Inn Motel 17 N Delray Inn Motel 10 N Southgate Motel Motel 10 N Parliament Inn Motel 8 N Historic Hartman House Bed & B&B 4 N Breakfast Sundy House Inn 12 N Wright by the Sea Hotel 29 N Berkshire by the Sea Timeshare Resort 51 N Breakers on the Ocean Hotel 23 N Hamilton House Hotel 14 N 1126 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: August 1, 2014 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RESOLUTION NO.35-14/BEACH RENOURISHMENT PROJECT BACKGROUND This Resolution affirms the City's support of the funding commitment for the local share of the Delray Beach Renourishment project. This local share is provided by Palm Beach County pursuant to an interlocal agreement dated July 10, 2013. The Florida Department of Environmental Protection (FDEP) is undergoing its annual update of the Florida Beach Management Program Long-Range Budget Plan and developing a prioritized list of State Beach Erosion Control Projects. The culmination of this process is the preparation and submittal of the Department's Fixed Capital Outlay, containing Local Government Funding requests to establish State funding priorities for FY 2015-16. On July 15, 2014, City Commission approved a Service Authorization with Coastal Planning and Engineering to prepare the detail project descriptions and cost estimates for the ongoing Delray Beach Renourishment Project. Along with this information the FDEP requires a resolution of support and acknowledgment of funding commitment for the local share. The attached resolution meets this requirement. The resolution does not commit the City to proceed with the beach renourishment fill project in any specific year. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This is a request for City Commission to approve the resolution of support for the Delray Beach Renourishment Project. TIMING OF THE REQUEST This is a time sensitive item. RECOMMENDATION By motion, approve Resolution No. 35-14 supporting the Delray Beach Renourishment Project. RESOLUTION NO. 35-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING ITS SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT; PROVIDING FOR ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, America's beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the nation; and WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes;and WHEREAS, the nation's beaches are the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for federal, state and local governments;and WHEREAS, the City Commission of the City of Delray Beach continues to support the City of Delray Beach's renourishment project regarding its beaches; and WHEREAS, the City of Delray Beach has the ability to provide the necessary local match through an Interlocal Agreement with Palm Beach County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach is providing its support for the City of Delray Beach renourishment project and affirms its ability to provide the necessary local match for its funding request through an Interlocal Agreement with Palm Beach County. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of MAYOR ATTEST: City Clerk 0 R94 13570 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT is made and entered into on the day of OCT 0 4 1994 1994, by and between PALM BEACH COUNTY, a political -subdivision of the State of Florida, (the "COUNTY"), and the CITY OF DELRAY BEACH, a municipal corporation in the State of Florida, (the "CITY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners is empowered to establish and administer programs of beach erosion control and to enter into agreements with other governmental agencies within or outside the boundaries of the COUNTY for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered to exercise any governmental, corporate, and proprietary power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 1973 the CITY completed a beach restoration project for the City of Delray Beach municipal beach through the use of hydraulic dredging. Thereafter, the CITY also performed maintenance nourishments in 1978, 1984, and 1992 in order to maintain the Delray Beach Shore Protection Project. A more complete history of the project is found in attached Exhibit "A"; and h " 2 41 E,%VJf?GNMEiN4TA'L RESOURUS Ili 1.1 :4 A ti MEMRIT 41 V WHEREAS,the CITY and COUNTY entered into an Intergovernmental Agreement on February 27, 1973, as amended by Addendum Agreement dated August 16, 1977, and supplemented by agreements dated November 8, 1983 and October 13, 1992, which provide for joint funding of the Delray Beach Shore Protection Project; and WHEREAS, the CITY and COUNTY have a long-standing partnership in the preservation, maintenance and enhancement of the Delray Beach Shore Protection Project; and WHEREAS, the Intergovernmental Agreement expired September 30, 1993; and WHEREAS, on September 23, 1992, pursuant to Chapter 125, Florida Statutes, the COUNTY entered into an agreement with the United States of America, Army Corps of Engineers, to become the local cooperating agency for shore protection projects within Delray Beach for a period of fifty (50) years from the date of the initial restoration; and WHEREAS, the CITY and COUNTY intend to make the most efficient use of their powers by cooperating with each other in the maintenance and repair of the Delray Beach Shore Protection Project, which includes the area described in attached Exhibit "B", within the municipal limits of the City of Delray Beach, Florida; and WHEREAS, the CITY and COUNTY desire to establish their respective roles in the Delray Beach Shore Protection Project to make the most efficient use of their respective resources. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is to provide a mechanism for the funding and maintenance of the Delray Beach Shore Protection Project (the "PROJECT"), and to set forth the terms, conditions and obligations of each of the respective parties hereto. 2. The Project. a. -Description. The Project to be undertaken consists of the initial restoration of the City of Delray Beach municipal beach, as legally described in Exhibit "B", and subsequent repairs and maintenance nourishments thereto. Repairs and maintenance nourishments shall be designed and scheduled to retain the "Project Design Section" as defined herein, and to satisfy the conditions and standards of any and all required permits. -2- b. Project Components. Project components include, but are not limited to, construction, design, beach performance monitoring, and environmental monitoring. A typical list of the Project components from the completion of one maintenance nourishment through the completion of another maintenance nourishment is provided in attached Exhibit ,f C„ I C. Project Design Section. The Project Design Section is defined as that beach area described in attached Exhibit "13". 3. Term. The term of this Agreement shall be from October 1, 1993 up to and through September 30, 2023 unless otherwise terminated as provided herein. 4. Funding. The parties agree that given the extensive scope of the Project, the timely availability of funding is of critical concern. Funding for a portion of the Project is currently available, on a reimbursement basis, by appropriation from the Federal and State governments. These funding sources will be used to the maximum extent possible to defray Project costs. a. CITY Obligations. (1) No later than January 15th of each year, the CITY shall submit to the COUNTY a list of the anticipated tasks to be undertaken in the succeeding fiscal year, including estimated costs. (2) The CITY shall establish and maintain a dedicated funding source for implementation of the Project. This funding source is currently called the Beach Restoration Fund. (3) The CITY shall pay all expenses of the Project from the Beach Restoration Fund in anticipation of reimbursement from the Federal and State governments, and the COUNTY. (4) The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the Project for at least three (3) years after completion of the Project or termination of the Agreement,whichever occurs last. The COUNTY shall have access to all books, records and documents related to the Project as required in this paragraph for the purpose of inspection or audit during normal business hours. (5) The CITY shall submit requests for State and Federal funding assistance. The CITY shall timely notify the COUNTY of the submittal of such requests and seek the COUNTY's support. _3- (6) The CITY shall cooperate with the COUNTY to assure that the requirements and standards contained in the agreement between the COUNTY and the United States of America, Army Corps of Engineers are complied with and maintained. (7) The CITY shall properly prepare and submit in a timely manner any and all applications for State and Federal permits required for the Project, b. County Obligations. (1) The COUNTY shall serve as cooperating agency pursuant to its agreement with the United States of America,Army Corps of Engineers, (see attached Exhibit "E") and assume the responsibility for local cooperation in the Project. (2) The COUNTY shall appropriate funds to cover the local share expenses on an annual basis in order that the funds are available to pay for expenses associated with the Project. The amount of funding by the COUNTY will depend upon the physical condition of the Project,which the parties acknowledge will change. Therefore, the COUNTY shall draft a yearly funding memorandum. The yearly funding memorandum will include a list of the anticipated tasks, along with estimated costs for each task, and a commitment to include the funding request in the proposed budget. (3) The COUNTY shall submit to the CITY a memorandum of commitment indicating that COUNTY has appropriated the required funds that the CITY requests in the next year's budget. Notwithstanding any other provision herein, the COUNTY's obligation to pay under this Agreement is contingent upon an appropriation for its purpose by its Board of County Commissioners in its annual Fiscal Year budget. (4) The COUNTY shall be responsible for all local share (e.g., non-Federal and non-State) expenses of the Project, including design, construction and monitoring, by way of reimbursement to the CITY. (5) For reimbursement to occur, the CITY shall submit invoices to COUNTY that shall include a reference to this Agreement, identify the Project, and identify the amount due and payable to the CITY. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The CITY shall supply any further documentation deemed necessary by the COUNTY. Invoices received from the CITY shall be reviewed and approved by the Department of Environmental Resources Management, shall indicate that expenditures have been made in conformity with this Agreement, and will be sent to the COUNTY's Finance Department for final approval and payment. Invoices will normally be paid within sixty (60) days following receipt. -4- C. Joint Responsibilities. The CITY and the COUNTY shall endeavor to be joint applicants for State and Federal funding for the Project. The COUNTY will support CITY's funding requests in the same manner as if the request came from the COUNTY, and the CITY will support the COUNTY's funding requests in the same manner as if the request came from the CITY. 5. Project Permitting. The parties recognize that prior to the commencement of any construction affecting the Project that both the State and Federal governments will require permits and approvals. Acquisition of Federal and State permits and approvals is part of the design component of the Project. At this time, such permits and approvals include: a. Dredge and fill permit from the Army Corps of Engineers; b. Dredge and fill permit(s) from the Florida Department of Environmental Protection; and, C. Submerged Lands Easement from the Florida Bureau of State Lands. The CITY and COUNTY shall endeavor to be joint applicants for any and all permits required by the State and Federal governments. The COUNTY shall assist the CITY in negotiating the terms and conditions for permits, and shall assist the CITY in efforts to gain timely issuance of the required State and Federal permits. The parties acknowledge that, as a County project, the Project is exempt from applicable COUNTY ordinances. 6. Project Timing. The CITY, in consultation with the COUNTY, shall establish the schedule for implementing the various Project tasks, including design, monitoring and construction. The CITY shall provide the COUNTY with a copy of the Project schedule once the schedule is complete. 7. Design and Monitoring. The CITY shall provide design and monitoring services for the Project, including but not limited to those listed and defined on attached Exhibit "C". At such time when the COUNTY has sufficient resources to perform all or part of the design and monitoring services in a more cost-efficient and time efficient manner, the CITY shall endeavor to have the COUNTY perform said design and monitoring services. S. Bidding and Construction. a. The CITY shall secure competitive bids by advertisement for all work to be performed by contractors, except as provided for in previously executed agreements. The CITY will endeavor to combine the bidding and construction of the Project with -5- COUNTY projects for the purpose of securing a more competitive bid from contractors. The CITY shall meet with the COUNTY six months prior to the proposed date of project construction to examine the potential cost savings for joint bidding of multiple projects. b. The CITY shall submit to the COUNTY a detailed estimate of cost, a tabulation of all bids received, and a copy of the contract of the lowest, responsible, responsive bidder as well as any amendments or modifications thereof. 9. Party Representatives. The COUNTY's representative/contract monitor during the term of this Agreement shall be Mr. Richard E. Walesky, whose telephone number is (407) 355-4011. The CITY's representative/contract monitor during the term of this Agreement shall be Mr. John Walker, whose telephone number is (407) 243-7321. 10. Notices. All notices required under this Agreement shall be forwarded, in writing to: Board of County Commissioners City Manager of Palm Beach County City of Delray Beach Governmental Complex 100 N.W. lst Avenue 301 N. Olive Avenue Delray Beach, FL 33444 West Palm Beach, FL 33401 and with a copy to: Palm Beach County Department of City Attorney Environmental Resources Management City of Delray Beach 3111 S. Dixie Hwy., Site 146 100 N.W. 1st Avenue West Palm Beach, FL 33405 Delray Beach, FL 33444 with a copy to: County Attorney Palm Beach County P.O. Box 1989 West Palm Beach, FL 33401-1989 11. Default and Opportunity to Cure. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. -6- 12. Delegation. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. 13. B . A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 14. Liability. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, or negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 15. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted under Florida law, COUNTY shall indemnify, defend and hold harmless CITY against any actions, claims or damages arising out of COUNTY's negligence in connection with this Agreement, and CITY shall indemnify, defend and hold harmless COUNTY against any actions, claims or damages arising out of CITY's negligence in connection with this Agreement. However, nothing in this paragraph shall be interpreted as a waiver of CITY's or COUNTY's sovereign immunity. 16. Insurance. The CITY shall, during the term of this Agreement, and any extensions hereof, maintain in fall force and effect general and property insurance, which specifically covers all exposures incident to the intent and responsibilities under this Agreement. Such insurance shall be in an amount to support the CITY's agreement of indemnity. The CITY's insurance shall not be canceled, limited or non-renewed until after thirty (30) days' written notice has been given to the COUNTY. Current certificates of insurance or other document evidencing required coverage must be on file with the COUNTY at all times. CITY expressly understands and agrees that any insurance protection furnished by CITY shall in no way limit its responsibility to indemnify and save harmless COUNTY under the provisions of paragraph 15 of this Agreement. 17. Equal ual Opportunity. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under, any activity carried out by the performance of this Agreement. 18. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 19. Waiver of Breach. It is hereby agreed to by the parties that no waiver of breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same of any other covenant. -7- 20. Termination and Revision. Either party may terminate this Agreement by giving thirty (30) days prior written notice. In the event the COUNTY revises its policy relating to the funding of shore protection projects, either party may request that this Agreement be modified to reflect said change in policy. 21. Entirety of Agreement. The CITY and COUNTY agree that this Agreement, together with any attached exhibits, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms or obligations in the Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this Agreement to be signed by the Chairperson of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the City of Delray Beach has caused this Agreement to be signed in its corporate name by its mayor and its corporate seal to be affixed hereto, attested by its City Clerk, the date and year first above written. CITY OF DELRAY BEACH, FLORIDA PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMI SIUN RS: By: By: Th'oma,s-�ch, Mayor Q 0 4 1994 R94 13570 ATTEST: ATTEST: Dorothy H. Wilken, Clerk Deja Clerk City Clerk .0'J"V DATE DATE OCT 0 4 1994 0: C 0 UiN T Y, A, APPROVED AS TO FORM AND LEGAL SUFFICIENCY 0 S By: t, By: City Attorney Cod ty Attorrr(cy EXHIBIT "A" PROJECT HISTORY Construction History Delray Beach is historically in a state of erosion. Several times in recent history, from the late 1940 ' s into the 1960's, storm damage has impacted shoreline structures and AR AIA. By the mid-1960s, erosion had taken virtually all the beach and dune system. The remnants offered little storm protection and a marginal recreation beach. Various structural methods were attempted to stabilize the shoreline. A rock rubble revetment was placed by the Florida Department of Transportation in 1965 to protect SR AlA from Atlantic Ave north. In 1966, The City installed a sloping revetment of interlocking concrete blocks from a point 1000 feet north of Atlantic Ave. to a point 4800 feet north of Atlantic Ave. A number of private citizens installed seawalls. All structural solutions were ineffective. In 1973, the City constructed an initial beach restoration, placing 1. 6 million cubic yards of sand in a 2.7 mile project area by hydraulic dredging from an offshore borrow area. This project area included nearly the entire City limits. The total cost Of initial restoration was $3 million, including land acquisition, engineering, construction and vegetation. The City issued bonds in the amount of $2 million to finance the project and established a special account for beach project expenditures. Federal and State sources reimbursed a portion of the cost as follows: Federal $ 935,000 State $ 976,000 County -- City $1, 104,000 Maintenance nourishment projects are required to retain the design beach section and to place advance fill predicted to erode in the interval between projects. Yearly erosion loss in the project area is approximately 100,000 cubic yards . The scope of each maintenance nourishment is designed to optimize recreation and storm protection benefits and the economic efficiency of construction. The following maintenance nourishments have been constructed: 1978 700,000 cubic yards 1.7 mile project area Total cost $1 . 6 million Federal share $660,000 State share $440,000 County share $400,000 City share $ 92,000 1984 1, 300,000 cubic yards 2 .7 mile project area Total cost $4,246,000 Federal share $1,868,000 State share $1,409,000 County share $ 969,000 $178,000 City share financing cost 1992 1,052,000 cubi c yards 1.7 mile project area Total Cost $5,082,551 Federal share $2,696,393 State share $1,451,606 County share $ 773,599 $160,953 City share financing cost Count ory on February 27, 1973, The city entered I into an agreement with Palm Beach County, whereby: The City would construct, fund and maintain the beach restoration project. The City would furnish all project cost and thereafter apply for Federal and State reimbursement. The County would continue to serve as the Local Cooperating Agency as required in the Local Cooperation Agreement with the Army Corps of Engineers. The County would participate financially in the funding of the anticipated maintenance and nourishment cost Of the project up to a maximum $80,000 per year for the ten year life of the agreement. The County would establish a trust fund for the project. An Addendum dated August 16, 1977, clarified the 1973 agreement by expressing the financial commitment of the County to be an average $80,000 per year on an aggregate, not to exceed $800,00 over the ten year life of the agreement. In addition, the County's share of the total project cost would be the remainder after reimbursement of Federal and State cost shares. The funding agreement between the City and County was extended and amended on November 8, 1983 . The extension was for ten years, until September 30, 1992 . The agreement modified the maximum financial commitment of the County to $200,000 annually, not to exceed $2,000,000 over the ten year period of the agreement. The City and County entered into a new one year agreement October 13, 1992 which Expires September 30, 1993. This agreement: Recognizes the expanded capability of the County in the field of coastal management. Acknowledges the County's- continued role as local sponsor for the project in the new Local Cooperation Agreement with the Army Corps of Engineers. Recognizes an expanded partnership relationship between the City and County which will result in closer coordination of the city and County coastal projects. Continues the County' s commitment to reimburse the local share of project costs to the City. Dune System In addition to beach restoration, the City has recreated a functional dune system along the municipal beach. In 1974, after the initial beach restoration, the City began a program of dune reconstruction and maintenance. Using dune vegetation and sand fencing, several feet of wind-blown sand were trapped to form the beginnings of a dune. Pedestrian accesses were established at this time at beach grade. Fencing defined the accesses and protected vegetation. In 1980, additional vegetation was installed to angle pedestrian accesses to the southeast. In addition, sand fencing was added seaward of the dune to create a f oredune- In 1982, sea oats were planted in the f oredune. The current (1993) dune is approximately eight feet higher than the beach berm, with a 100 foot wide base including the foredune. This results in a low, wide dune system consisting of two distinct dunes, the original, primary dune and the for6dune vegetated entirely in pioneer species. T:\advanced\agree3.DOC EXHIBIT "B" DELRAY BEACH LIMITS OF BEACH RESTORATION A parcel of submerged or emerged land in Sections 91 10, 15, 16, 21, and 28, Township 46 South, Range 43 East, Delray beach, Palm Beach County, Florida, bounded on the West by the Erosion Control Line to wit: commencing at the East quarter corner of said Section 9, Township 46 south, Range 43 East, said point having for its coordinates X=808474.350 Y=779887 .637 in the Florida State Plane Coordinate System, East Zone; thence run N89'014 '25"E 54 . 98 feet along an easterly extension of the north line of the Southeast one-quarter of said Section 9 to a point; thence run S V1610511W 293.67 feet to a point; thence run N88'055 ' 37"E 329 .96 feet to the Point of Beginning said point having for its coordinates X=808816.995 Y=779603.928 in said Florida State Plane Coordinate System East Zone; thence run S 91126128"W 865 .65 feet to a point; thence run S 7'024125"W 1512.62 feet to a point; thence run S 8"111139"W 1262.89 feet to a point; thence run S7" 58111"W 1514.63 feet to a point; thence run S 4101712111W 1002 . 81 feet to a point; thence run S 7'041118"W 1009.07 feet to a point;, thence run S 6115013411W 1007. 17 feet to a point; thence run S 5'042138"W 1004.99 feet to a point; thence run S 21017126"W 1000. 80 feet to a point; thence run S 9'038153"W 1014.35 feet to a point; thence run S 6 *50134"W 1510.76 feet to a point; thence run S 5108134"W 1506.06 feet to a point; thence run S 6-09151"W 1802 . 49 feet to a point of termination of herein described line said point having for its coordinates X=806941.455 Y=763707 . 932 in said Florida State Plane Coordinate System, East Zone; thence on a tie line run West 512. 10 feet to a point; thence run S 89'030152"W 741.59 feet to a point; thence run S 89°27158"W 1312 .59 feet to a point on the south line of the Northwest one-quarter (NW 114) of said Section 28; thence run S 89°32118"W 965. 62 feet along said line to the West quarter corner of said Section 28, bounded on the East by a line lying 600 feet easterly from and parallel to said Erosion Control Line and bounded on the North and South by lines having a bearing of East, running through the Point of Beginning and the Point of Termination respectively. T:\Advanced\beach EXHIBIT "C" TYPTrAt. VQn.jFrT COMPONENTS Annual beach performance monitoring Post construction environmental monitoring Update geotechnical data Preliminary engineering Final engineering Pre-construction environmental monitoring Bidding and negotiations Construction phase engineering Pre- and Post construction surveys Construction environmental monitoring Beach nourishment construction T:\advanced\AGREE4 .DOC 30 y 20 z DESIGN PROFILE d lo - w w -10 -20 o 200 400 600 800 1000 RANGE (FEET) NOTE : DESIGN WIDTH DIARIES AS A RESULT OF PREVIOUS SHORELINE HARDENING. EEN THE NORTH CITY I IMIT AND R 182 THE WIDTH EXTENSION IS 100 FEET FROM THE ECL AT +9 FT. t ETrVE N R 183 TO THE SOUTH CITY LIMIT THE DESIGN WIDTH IS 100 FT. EXTENSION FROM THE ECL AT TIME MEAN HIGH WATER LINE. EXHIBIT D TYPICAL DESIGN CROSS--SECTION SHIT " „ ' LOCAL COOPERATION AGREEMENT 12830 LOCAL COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND PALM BEACH COUNTY, FLORIDA FOR CONSTRUCTION 7N OF THE DELRAY BEACH SEGMENT F THE PALM BEACH COUNTY, FLORIDA SHORE PROTECTION ION PR{ CT" THIS AGREEMENT is entered into this day of . , 1992, by and between the DEPARTMENT OF THE ARMY, (hereinafter referred to as the "Government") , acting by and through the Assistant Secretary of the Army (Civil Works) , and PALM BEACH COUNTY, FLORIDA (hereinafter referred to as the "Local Sponsor") , acting by and through its Board of County Commissioners. WITNESETH THAT: WHEREAS, construction of the share protection project for Palm Beach County, Florida from Martin County line to Lake Worth Inlet and from South Lake Worth Inlet to Broward County Line (hereinafter referred to as the "Authorized Project") was authorized by Section 101 of the River and Harbor Act of October 3, 1962 (Public Law 87-874) in accordance with the recommendations of the Chief of Engineers as set forth in House Document No. 164, 87th Congress; and WHEREAS, construction of the Delray Beach Segment of the Authorized Project was completed in 1973 by Palm Beach County, .Florida as authorized by Section 142 of the River and Harbor Act of 1962 (Public Law 87-874) ; and WHEREAS, Section. 156 of Public Law 4-587, as amended by Section 934 of Public Law 99-662, authorizes the Government to extend participation in shore protection projects for a period not to exceed Nifty bear's from the date of initial construction; and WHEREAS, the Local Sponsor desires to enter into this Agreement providing for extended Government participation in the Delray Beach Segment of the Authorized Project from 15 years to 50 years, and WHEREAS, on March 1, 1991 the Assistant Secretary of the Army (Civil Works) authorized the extension of Government participation in the Delray Beach Segment of the Authorized Project (hereinafter referred to as the "Project" ) from 15 years to 50 years in accordance with Section. 934 of Public Law 9-662; Page 1 and WHEREAS, the Project is generally described in the General Design Memorandum entitled "Palm Beach County, Florida, From Martin County Line to Lake Worth Inlet and From South Lake Worth Inlet to Broward County Line, General Design Memorandum Addendum for Third Periodic Nourishment at Delray Beach, with Environmental Assessment* (hereinafter referred to as the IIGDM*) , approved by the Assistant Secretary of the Army (Civil Works) on IT 542 . ber- /?,ft- ; and WHEREAS, Section 103 (c) (5) of the water Resources Development Act Of 1986, Public Law 99-662, as amended, specifies the cost-sharing requirements applicable to construction of the Project; and WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended, provides that the construction of any water resources project shall not be commenced until the non- federal interest has entered into a written agreement to furnish its required cooperation for the Project; and WHEREAS, the Local Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in cost-sharing and financing in accordance with the terms of this Agreement; NOW THEREFORE, the parties agree as follows: ARTICLE I DEFINITIONS AND GENERAL PROVISIONS For purposes of this Agreement: a. The term "Project" shall mean the periodic beach nourishment of the Delray Beach segment of the Authorized Project to maintain a general width of 100 feet with a berm elevation of plus 9. 0 feet NGVD for the 2 . 65 miles of beach that lies within the corporate limts of the City of Delray Beach. b. The term *total project costs' shall mean all costs incurred by the Local Sponsor and the Government directly related to construction of the Project . Such costs shall include, but not necessarily be limited to, continuing planning and engineering costs incurred after October 1, 1985; costs of applicable engineering and design; costs of environmental investigations for hazardous substances; costs of periodic nourishment; surveillance costs incurred after the date of execution of this Agreement; supervision and administration costs; costs of contract disputes settlements or awards; and the value of lands, easements, rights-of-way, utility and facility alterations or relocations, and dredged material disposal areas provided for the Project by the Local Sponsor, but shall not Page 2 include any Costs for betterments, operation, repair, maintenance, replacement, or rehabilitation. C. The term "surveillance" shall mean monitoring of the beach to determine when future nourishment must be accomplished to maintain the Project . Surveillance includes performing beach profile surveys, aerial photography, sediment sampling, hydrographic surveys, tidal data, environmental data, analysis and preparation of a report, if needed, as generally described in the GDM. d. The term "periodic nourishment" shall mean the placement of suitable beachfill material along the Project beach during the authorized periodic nourishment period. Periodic nourishment will be based on an average annual placement of approximately 100, 000 cubic yards as generally described in the Reevaluation 1, Study, Delray .Beach Segment, dated May 1990 and approved March 1991, unless the Government, in cooperation with the Local Sponsor, determines that such periodic nourishment is either not technically necessary or economically justified at that time. e. The term "authorized periodic nourishment period" shall mean the extended 35 year period of Federal participation in the project. f. The term "Contracting officer* shall mean the District Engineer for the Jacksonville District, u.S. Army Corps of Engineers, or his designee. g. The term "highway" shall mean any highway, thoroughfare, roadway, street, or other public road or way. h. The term *relocations" shall mean the preparation of plans and specifications for, and the accomplishment of all alterations, modifications, lowering or raising in place, and/or new construction related to, but not limited to, existing: railroads, highways, bridges, railroad bridges and approaches thereto, pipelines, public utilities (such as municipal water and sanitary sewer lines, telephone lines, and storm drains) , aerial utilities, cemeteries, and other public facilities, structures, and improvements determined by the Government to be necessary for the construction, operation, maintenance, repair, replacement, and rehabilitation of the Project . i . The term "fiscal year" shall mean one fiscal year of the United States Government, unless otherwise specifically indicated. The Government fiscal year begins October 1st and ends on September 30th. j . The to "involuntary acquisition" shall mean the acquisition of lands, easements, and rights-of-way by eminent domain. Page 3 k. The term "functional portion of the Project• shall mean a completed portion of the Project as determined by the Contracting officer, in writing, to be suitable for operation and maintenance by the Local Sponsor. In making this determination, the Contracting officer must conclude that the completed portion of the project can function independently and for a useful purpose although the balance of the project may be incomplete. 1 . The term "betterments" shall mean construction of any additional features desired by the Local Sponsor which are not authorized as part of the Federal project. The construction cost of such items and their operation, maintenance, repair, replacement, and rehabilitation costs shall not be considered a cost of the Project and shall be borne entirely by the Local Sponsor. Article II - OBLIGATIONS OF THE PARTIES a. The Local Sponsor shall perform all Project work pursuant to engineering and design plans which have received- prior Government approval . The Local Sponsor shall submit the solicitation package to the Government for review and comment prior to the award of any contract. b. The Local Sponsor shall provide, as further specified in Article III of this Agreement, all lands, easements, and rights- of-way, including suitable borrow and dredged material disposal areas, and perform all relocations as determined by the Government to be necessary for the Project. c. The Local Sponsor shall perform all Project surveillance. d. The Local Sponsor shall assure continued conditions of public ownership and public use of' the shore upon which the amount of Federal participation is based during the economic life of the project. e. The Local Sponsor shall provide and maintain necessary access roads, parking areas and other public use facilities, open and available to all on equal terms. f. The Local Sponsor shall participate in and comply with applicable Federal flood plain management and flood insurance programs . g. The Local Sponsor shall publicize floodpiain information in the area concerned and shall provide this information to zoning and other regulatory agencies for their guidance and leadership in preventing unwise future development in the flood plain and in adopting such regulations as may be necessary to prevent unwise future development and to ensure compatibility Page 4 with protection levels provided by the Project. h. The Local Sponsor shall bear all costs incurred for the establishment of an erosion control line in the project area and all costs for placement of material on property not open to the public. All lands, easements, rights-of-way, relocations, and dredged material disposal areas needed for placement of material on property not open to the public shall be a 100 percent Local Sponsor cost for which no credit will be given. i . The Local Sponsor shall, without expense to the Government, bear all costs associated with beach berm reshaping, maintenance of storm drainage outfalls, and performance of any other work described in the operation and maintenance manual for the Prod ect, which will be orepared by the Local Sponsor and approved by the Government. j . Not less than once each year the Local Sponsor shall inform affected interests of the limitations of the protection afforded by the Project . k. No Federal funds may be used to meet the Local Sponsor' s share of Project costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified in writing by the Federal granting agency. 1 . The Government shall review all engineering and design plans submitted by the Local Sponsor, and inspect all work which is accomplished by the Local Sponsor, to ensure that such plans and work are in accordance with the Project design criteria. M. The Government shall reimburse the Local Sponsor for the Federal share of total project costs as further provided in Article VI and Article VII of this Agreement. ARTICLE III - LANDS, FACILITIES AND PUBLIC LAW 91-646 RELOCATIO14 ASSISTANCE a. The Local Sponsor shall provide all lands, easements, and rights-of-way, including suitable borrow and dredged material disposal areas, as may be determined by the Government to be necessary for the Project . The necessary lands, easements, and rights-of-way, including suitable borrow and dredged material disposal areas, may be provided incrementally, but all lands, easements, and rights-of-way determined by the Government to be necessary for work to be performed for the Project must be furnished prior to the advertisement of any contract for that work. b. The Local Sponsor shall provide all retaining dikes, wasteweirs, bulkheads, and embankments, including all monitoring Page 5 features and stilling basins that may be required at any dredged material disposal areas necessary for the Project . c. The Local Sponsor shall accomplish or arrange for accomplishment of all relocations determined by the Government to be necessary for construction of the Project. d. The Local Sponsor shall comply with the applicable provisions of the Uniform Relocations Assistance and Real Property Acquisition Policies Act_ oif' 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17) , and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights-of-way, including suitable borrow and dredged material disposal areas, for the Project, and inform all affected persons of applicable benefits, policies and procedures in connection with said Act. The Local Sponsor shall provide such documentation as the Contracting officer requires to demonstrate compliance. ARTICLE IV - VALUE OF LANDS AND FACILITIES a. No credit shall be given for lands, easements, rights- of-way, including suitable borrow and dredged material disposal areas provided to the Goverment prior to March 1, 1991. The Local Sponsor shall receive a credit for the value of any lands, easements, and rights-of-way, including suitable borrow and dredged material disposal areas, provided for the Project. Such credit shall be applied towards the Local Sponsor' s share of total project costs in accordance with the following procedures: 1. If the lands, easements, or rights-of-way are owned by the Local Sponsor as of the date the first contract for the Project is awarded, the credit shall be the fair market value of the interest at the time of such award. The fair market value shall be determined by an appraisal, to be obtained by the Local Sponsor, which has been prepared by a qualified appraiser who is acceptable to both the Local Sponsor and the Government. The appraisal shall be reviewed and approved by the Government . 2. If the lands, easements, or rights-of-way are to be acquired by the Local Sponsor after the date of award of the first contract for the Project, the credit shall be the fair market value of the interest at the time such interest is acquired. The fair market value shall be determined as specified in Article IV.a. 1 of this Agreement . If the Local Sponsor pays an amount in excess of the appraised fair market value, it may be entitled to a credit for the excess if the Local Sponsor has secured prior written approval from the Government of its offer to purchase such interest. 3 . If the Local Sponsor acquires more lands, Page 6 easements, or rights-of-way than are necessary for Project purposes, as determined by the Government, then only the value of such portions of those acquisitions as are necessary for the Project shall be included in total project costs and credited to the Local Sponsor' s share. 4 . Allowable credit for lands, easements, and rights- of-way in the case of involuntary acquisitions which occur within a one-year period preceding the date this Agreement is signed or which occur after the date this Agreement is signed will be based on court awards, or on stipulated settleme nts that have received prior Government approval. 5 . Credit for lands, easements, or rights-of-way acquired by the Local Sponsor within a five-year period preceding the date this Agreement is signed, or any time after this Agreement is signed, will also include the actual incidental costs of acquiring the interest, e.g. , closing and title costs, appraisal costs, survey costs, attorney' s fees, plat maps, and mapping costs, as well as the actual amounts expended for payment of any Public Law 91-646 relocation assistance benefits provided in accordance with the obligations under this Agreement. b. The cost of relocations which will be included in total project costs and credited towards the Local Sponsor's share of total project costs shall be that portion of the actual costs as set forth below and approved by the Government: 1. Highways and Highway Bridges: only that portion of the cost as would be necessary to construct substitute bridges and highways to the design standard that the State of Florida would use in constructing a new bridge or highway under similar conditions of geography and traffic loads. 2 . utilities and Facilities (Including railroads) : Actual relocation costs, less depreciation, less salvage value, plus the cost of removal, less the cost of betterments. With respect to betterments, new materials shall not be used in any alterations or relocation if materials of value and usability equal to those in the existing facility are available or can be obtained as salvage from the existing facility or otherwise, unless the provision of new material is more economical. If, despite the availability of used material, new material is used, where the use of such new material represents an additional cost, such cost will not be included in total project costs. ARTICLE V - PROJECT COORDINATION a. To provide' for consistent and effective communication, the Local Sponsor shall appoint a point of contact to coordinate with the Government on scheduling, plans, specifications, modifications, contract costs, and other matters relating to the Page 7 Project. b. The point of contact shall meet with the Government when deemed necessary, and shall make such recommendations as are considered appropriate to the Government. c. The Government shall consider the recommendations of the point of contact. However, the Government has complete discretion to accept, reject, or modify any recommendation. ARTICLE VI - BASIS OF REIMBURSEMENT a. The Local Sponsor shall provide invoices and any necessary suporting documents to the Government for all completed Project work for which reimbursement is requested. b. After receipt of the above information and subject to the limitations described in Article VII, the Government shall reimburse the Local Sponsor for the Federal share of total project costs which are reasonable, necessary, auditable, and allocable. The Federal share is presently estimated at 56.33 percent of total project costs based on current conditions of shore ownership and use. This percentage is subject to adjustment based upon conditions of shore ownership and use at time of award of each contract for periodic nourishment . ARTICLE VII - LIMITATIONS ON REIMBURSEMENT a. Reimbursement for the work performed by the Local Sponsor is subject to the availability of appropriations for this Project. b. No reimbursement shall be made until the Contracting Officer has certified that the Project work subject to reimbursement has been completed and performed in accordance with applicable approved engineering and design plans. c. The amount of reimbursement to the Local Sponsor is not subject to adjustment for interest charges, nor is it subject to adjustment to reflect changes in price levels between the dates of completion and reimbursement. d. The Government shall have the right to conduct an audit of Local Sponsor' s records for the Project to ascertain reasonable, necessary, and allocable Project costs. In determining costs eligible for reimbursement, the Government shall use Office of Management and Budget Circular No. A-87, "Cost Principles of State and Local Governments' . ARTICLE VIII - DISPUTES Before any party to this Agreement may bring suit in any Page 8 court concerning an issue relating to this Agreement, such party must first seek in good faith to resolve the issue through negotiation or other forms of nonbinding alternative dispute resolution mutually acceptable to the parties. ARTICLE IX - OPERATION, MAINTENANCE, AND REHABILITATION a. The Local Sponsor shall operate, maintain, repair, replace, and rehabilitate the Project, or functional portion of the Project at no cost to the Government, in accordance with regulations or directions prescribed by the Government. b. The Local Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable and lawful manner, upon land which the Local Sponsor owns or controls for the purpose of inspection of the project to determine whether the Project has been constructed in accordance with the engineering design and plans, and is being operated and maintained in accordance with regulations or directions prescribed by the Government. C. If an inspection shows that the Local Sponsor for any reason is failing to fulfill its obligations under this Agreement without receiving prior written approval from the Government, the Government will send a written notice to the Local Sponsor. If the Local Sponsor persists in such failure for 30 calendar days after receipt of the notice, then the Government shall have a right to enter, at reasonable times and in a reasonable manner, upon lands the Local Sponsor owns or controls for the purpose of fulfilling the Local Sponsor' s duties under this agreement. No action by the Government shall relieve the Local Sponsor of its obligations under this Agreement, or preclude the Government from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. ARTICLE X - RELEASE OF CLAIMS The Local Sponsor shall hold and save the Government free from all damages related to the Project, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE XI - MAINTENANCE OF RECORDS The Government and Local Sponsor shall keep books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this Agreement to the extent and in such detail as will properly reflect total project costs for the term of this Agreement. The Government and the Local Sponsor shall make such books, records, documents, 'and other evidence available at their offices for inspection and audit by authorized representatives of the parties to this Agreement . Page 9 ARTICLE XII - FEDERAL AND STATE LAWS In acting under its rights and obligations hereunder, the Local Sponsor agrees to comply with all applicable Federal and State laws and regulations, including but not limited to, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) , Section 601 of Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of Defense Directive 5500 . 11 issued pursuant thereto and published in part 300 of Title 32, Code of Federal Regulations, as well as Army Regulation 600-7 entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army. " In addition, the Local Sponsor agrees to apply and include provisions consistent with the following statutes in all construction contracts: a. Buy American, 41 U.S.C. Section 10a; b. Clean Air Act, 41 U.S .C. Section 7606; c. Clean Water Act, 33 U.S .C. Section 1368; d. Contract Work Hours, 40 U.S.C. Section 327 et . seq. ; e. Convict Labor, 18 U.S .C. Section 4082; f . Copeland Anti-Kickback, 40 U.S.C. Section 276c; g. Davis Bacon Act, 40 U.S .C. Section 276, et. seq. ; h. Equal Opportunity, 42 U.S.C. Section 2000d; i . Jones Act, 46 U.S.C. Section 292; j . Rehabilitation Act (1973) , 29 U.S.C. Section 794; k. Shipping Act, 46 U.S.C. Section 883; 1 . Utilization of Small Business, 15 U.S.C. Section 631, 644; M. Vietnam Veterans, 38 U.S .C. Section 2012; n. Walsh-Healey, 41 U.S.C. Section 35, et. seq. ARTICLE XIII - Relationship of Parties. The parties to this Agreement act in an independent capacity in the performance of their respective functions under this Agreement, and neither party is to be considered the officer, agent, or employee of the other. Page 10 ARTICLE XIV - OFFICIALS NOT TO BENEFIT No member of or any delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE XV - COVENANT AGAINST CONTINGENT FEES The Local Sponsor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or•selling agencies maintained by the Local Sponsor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability, or, in its discretion, to subtract from the reimbursement price the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XVI - NOTICES a. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage_prepaid) , registered, or certified mail, as follows: If to the Local Sponsor: Chairman Board of County Commissioners 301 North Olive Avenue West Palm Beach, Florida 33401 If to the Government: District Engineer U.S. Army Corps of Engineers Jacksonville District P.O. Box 4970 Jacksonville, Florida 32232-0019 b. A party may change the address to which such communications are to be directed by giving written notice to the other in the manner provided in this Article. c. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at such time as it is personally delivered or seven calendar days after it is mailed, as the case may be. ARTICLE XVII - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged Page 11 information when requested to do so by the providing party. ARTICLE XVIII - HAZARDOUS SUBSTANCES a. After execution of this Agreement and upon direction by the Contracting officer, the Local Sponsor shall perform, or cause to be performed, such environmental investigations as are determined necessary by the Government or the Local Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) , 42 USC 9601-9675, on lands, easements, rights-of-way, including suitable borrow and dredged material disposal areas necessary for the Project . All actual costs incurred by the Local Sponsor which are properly allowable and allocable to performance of any such environmental investigations shall be included in total project costs and cost shared as a construction cost in accordance with Section 103 (c) (5) of Public Law 99-662 . b. in the event it is discovered through an environmental investigation or other means that any lands, easements, rights- of-way, including suitable borrow and dredged material disposal areas to be acquired or provided for the Project contain any hazardous substances regulated under CERCLA, the Local Sponsor and the Government shall provide prompt notice to each other, and the Local Sponsor shall not proceed with the acquisition of lands, easements, rights-of-way, or disposal areas until mutually agreed. c. The Government and the Local Sponsor shall determine whether to initiate construction of the Project, or if already in construction, to continue with construction of the Project, or to terminate construction of the Project for the convenience of the Government in any case where hazardous substances regulated under CERCLA are found to exist on any lands necessary for the Project. Should the Government and the Local Sponsor determine to proceed or continue with construction after considering any liability that may arise under CERCLA, as between the Government and the Local Sponsor, the Local Sponsor shall be responsible for any and all necessary clean up and response costs, to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs as defined in this Agreement . In the event the Local Sponsor fails to provide any funds necessary to pay for clean up and response costs or to other-wise discharge its responsibilities under this paragraph upon direction by the Government, the Government may either terminate or suspend work on the Project or proceed with further work. d. The Local Sponsor and the Government shall consult with Page 12 R92 12830 each other under the Construction Phasing and Management Article of this Agreement to assure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made pursuant to paragraph c of this Article shall not relieve any party from any liability that may arise under CERCLA. e. The Local Sponsor shall operate, maintain, repair, replace, and rehabilitate the Project in a manner so that liability will not arise under CERCLA-- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE DEPARTMENT OF THE ARMY PALM EACH COUNTY, FLORIDA BY: ar T. Marcus Assistant Secretary SEP Nancy P. Dorn hair 2 2 5 of the Army (Civil Works) Board of County Commissioners DATE: SEP 2 2 1992 DATE: AS TO FORM ApgR-OCL SUFFICIENCY AN G —COUNTY AT ITORNEY M1(. T. BAU-ER 11L T-r, A E S" S ;oard of U rie OU y Co,-Board of ounty C iss, lts)s� DEPUTY C DEPUTY CLERK Page 13 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100, 000 for each such failure. 1 K ren T. Marcus Ch i r 0 r of County Ch ir Bo rd of County Cofrmi' ss.ioneis Palm Beach County, '%,�l atdogT. 'AUER' CLERK patd o C04rr �Go Winer Page 14 DEPUTY CLERK CERTIFICATE OF AUTHORITY I, Joe Mount, do hereby certify that I am the Principal Legal officer of Palm Beach County, Florida and that the Palm Beach County, Florida is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between The Department of the Army and the Palm Beach County, Florida in connection with the Project and to pay damages, if necessary, in the event of the failure to perform in accordance with Section 221 of Public Law 91-611 and that the person who has executed the Agreement on behalf of Palm Beach County, Florida has acted within his statutory authority. IN WITNESS WHEREOF I have made and xecuted this A Certificate this f day of 199-A—. Mount MounVt Co onty A orney m County,P m Beach County, Florida Page 15 CERTIFICATION OF LEGAL REVIEW The draft Local Cooperation Agreement for the Delray Beach Segment of the 1962 Palm Beach: County, Florida Shore Protection Project has been fully reviewed by the Office of Counsel, USAED Jacksonville. dZ4 V�e Jas'/` istric Counsel Page 16 f% K U U INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DBLR8Y BEACH THIS AGREEMENT is oom]c and cuicrcd into on the V�� �ay o 7013 by and between P \ .K BEACH COUNTY, o political subdivision of the St ,Florida` (the "COUNTY"), and the CITl, OF [)ET.RA\, BEACH, a municipal corporation in the State of Florida, (the "CITY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes, hereinafter referred to collectively as the "parties". WITNESSETB WHEREAS, Section 163.01, Florida Statutes, kuono) as the "Florida Iuter|oco| Cooperation Act ofl464" ootbnrizcx local governments to make the most efficient use of their pop/cm by enabling them tu cooperate with other localities ooabasis of mutual advantage and thereby to provide services and facilities that will boru\ooizc geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part lufChapter 163` Florida Statutes, permits public agencies ox defined therein to enter into io1cr\ocol agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners is empowered to establish administer programs of beach erosion control and to co1cr into ogrccrucots with other govern-mental agencies within or outside the boundaries of the COUNTY for joint performance, ur performance ut one unit oo behalf ot the other, ut any oteither gurcznmcnto| entity's authorized functions; and WHEREAS,pursuant to Chapter 166, Florida Statutes,the CITY is empowered to exercise any governmental, corporate, and proprietary power for municipal purposes, except when expressly prohibited by law; and WHEREAS,the CITY and COUNTY intend to make the most efficient use of their powers by cooperating with each other in the maintenance and repair of the Delray Beach Segment of the Pu|oo Bcoub County, Florida Shore Protection Project (9}l()]IlCT) which includes the area described in attached Exhibit"/\",within the municipal liruituofthe[itYof[}clruyBtocb`F\oridu; and WHEREAS, the Department ot the Army (Federal Govcrnuncnt) and Palm Beach County, acting as the Non-Federal Sponsor, entered into an agreement dated January 23, l973 pursuant io Section 102 of the Rivers and Harbors Act ofl962` Public T.ovv 87-874, providing for Federal participation iu the costs incurred for construction of the PROJECT; and WHEREAS, the CITY and COUNTY entered into an Intergovernmental Agreement on February 27, 1973, as amended by Addendum Agreement dated August lb, 1977, and supplemented by agreements dated November 8, 1983 and October 13, 1992, and October 4, 1994 which provide for joint funding of the PROJECT; and WHEREAS,in 197') the CITY completed the first beach restoration PROJECT for the City of Delray Beach municipal beach. Thereafter, the CITY performed maintenance nourishments in 1978, 1984, 1992, 2002, and 2013; and WHEREAS, the Federal Government and COUNTY entered into an agreement dated September 23, 1992 pursuant to Section 102 of the Rivers and Harbors Act of 1962, Public Law 87-874 that includes the extension of Federal participation in the PROJECT for a period of 50 years beginning from the date of initiation of construction; and WHEREAS, the CITY and the COUNTY previously entered into an Interlocal Agreement on October 4, 1994 (R94-1357D) to provide a mechanism for construction, monitoring and funding the PROJECT, and this Agreement replaces said Interlocal Agreement, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is to provide a mechanism for construction, monitoring and funding of the PROJECT and to set forth the terms, conditions and obligations of each of the respective parties hereto. The parties agree that this Agreement is contingent on the COUNTY entering into the Project Partnership Agreement (PPA) attached hereto as Exhibit "B", which provides that the Federal Government will construct all iterations of the PROJECT during the term of the PPA and will cost-share with the COUNTY for the PROJECT expenses. 2. The PROJECT. The PROJECT consists of the restoration of the City of Delray Beach municipal beach, which is more particularly described in Exhibit "A". 3. Term. This Agreement shall commence upon execution by both parties and shall expire on June 1, 2023 unless otherwise terminated as provided herein. 4. COUNTY Obligations. A. The COUNTY shall enter into the PPA attached hereto as Exhibit "B", which provides for Federal construction of the Delray Beach Segment of the PROJECT for the remaining authorized period of periodic nourishment as described in the PPA. B. The COUNTY shall enter into the Cooperation Agreement (CA)attached hereto as Exhibit "C" with the Federal Government to provide for PROJECT rehabilitation in accordance with 33 U.S.C. 701n. C. The COUNTY shall serve as the non-federal sponsor under the PPA and public sponsor under the CA and assume the responsibility for local cooperation in the PROJECT. D. The COUNTY shall appropriate funds and be responsible for the non-Federal costs as detailed in the PPA and CA. E. The COUNTY shall reimburse the CITY for any expenses incurred by the CITY that are eligible for cost share under the terms of the PPA or CA. 5. CITY Obligations. A. The CITY shall establish and maintain a dedicated funding source to fulfill its obligations under this Agreement, B. The CITY shall cooperate with the COUNTY and shall take whatever steps are necessary to ensure that the COUNTY is able to timely and satisfactorily comply with all terms and conditions of the PPA and CA. C. The CITY shall obtain all state and federal permits necessary for the PROJECT unless notified in writing by the Director of Palm Beach County Department of Environmental Resources Management that the Federal Government will handle permitting for an iteration of the PROJECT and shall fully comply with any permits obtained by the CITY, including but not limited to completing all monitoring, surveys and reporting. 6. Joint Responsibilities. The CITY and the COUNTY shall endeavor to be joint applicants for State funding for the PROJECT. The COUNTY will support CITY's funding requests in the same manner as if the request came from the COUNTY, and the CITY will support the COUNTY's funding requests in the same manner as if the request came from the CITY. 7. Party Representatives. The COUNTY's representative/contract monitor during the term of this Agreement shall be the Director of the Palm Beach County Department of Environmental Resources Management,whose telephone number is(561)233-2400. The CITY'S representative/contract monitor during the term of this Agreement shall be Mr. Paul Dorling, whose telephone number is (561) 243-7040. 8. Notices. All formal notices between the parties shall be hand-delivered or sent by certified mail, return receipt requested, to the following recipients: Chairperson Board of County Commissioners City Manager Palm Beach County City of Delray Beach 301 N. Olive Avenue 100 N.W. 1St Avenue West Palm Beach, FL 33401 Delray Beach, FL 33444 And With a copy to: Director Palm Beach County Department of City Attorney Environmental Resources Management City of Delray Beach 2300 N. Jog Road, 4"' Floor 100 N.W. 1St Avenue West Palm Beach, FL 33411 Delray Beach, FL 33444 With a copy to: Palm Beach County Attorney's Office ERM Attorney 301 N. Olive Ave., 6 t Floor West Palm Beach, FL 3')401 All notices required by this Agreement shall be considered delivered upon receipt. Should any Party change its address, written notice of such new address shall promptly be sent to the other Party. 9. Funding_Contingency. The County's performance and obligations under this Agreement and any amendment hereto are contingent upon an annual appropriation by the Board of County Commissioners. The City's performance and obligations under this Agreement and any amendment hereto are contingent upon an annual appropriation by the City Council. 10. Termination for convenience. Either party may terminate this Agreement for convenience by giving ninety (90) days prior written notice to the other party. If the CITY terminates this Agreement for convenience,the CITY shall compensate the COUNTY for all costs incurred by the COUNTY as a result of such termination. 11. Default and Opportunity to Cure. If a Party fails to fulfill its obligations under this Agreement in a timely and proper manner, the Party not in default shall have the right to terminate this Agreement and/or to bring an action for breach by giving written notice of any deficiency and its intent to terminate and/or to bring an action for breach. The Party in default shall then have thirty (3)0) days from receipt of notice to correct the stated deficiency. If the defaulting Party fails to correct the deficiency within such time and unless otherwise agreed by the Parties, the Party not in default may terminate this Agreement and/or bring an action for breach. 12. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the CITY shall indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY's negligence in connection with this Agreement, and the COUNTY shall indemnify, defend and hold harmless the CITY against any actions, claims or damages arising out of the COUNTY's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 13. Insurance. Each party shall maintain a fully funded program of self-insurance pursuant to Section 768.28, Florida Statutes. 14. Maintenance of Records. The parties shall maintain, in accordance with generally-accepted governmental auditing standards, all financial and nonfinancial records and reports directly or indirectly related to the negotiation or performance of this Agreement or any amendment hereto, including supporting documentation for any service rates, expenses, research or reports. The parties shall have the right to examine in accordance with generally-accepted governmental auditing standards all records directly or indirectly related to this Agreement or any amendment hereto. Such examination may be made only upon reasonable notice,time and place. In the event the parties should become involved in a legal dispute with a third party arising from performance under this Agreement or any amendment hereto,the parties shall extend the period of maintenance for all records relating to this Agreement or any amendment hereto until the final disposition of the legal dispute, and all such records shall be made readily available to the other party. 15. Enforcement Costs. Except as otherwise provided herein, any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties. This provision pertains only to the parties to the Agreement. 16. Delegation. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. 17. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 18. Equal Opportunity. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity, or gender expression be excluded from the benefits of, or be subjected to any form of discrimination under, any activity carried out by the performance of the Agreement. 19. Severability. In the event that any section,paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. Waiver of Breach. The failure to insist on strict performance of or the waiver of any covenant, condition, or provision of this Agreement by any party shall not relieve the other party from performing any other obligation strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 21. Legal actions; remedies. Any and all legal actions to enforce this Agreement and any amendment hereto shall be brought in Palm Beach County, Florida. This Agreement and any amendment hereto shall be governed by the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement,including but not limited to any citizen or employees of the County and/or the City. 22. Independent Contractor. Each party recognizes that it is an independent contractor and not an agent or servant of the other party. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law, except through and against the entity by whom they are employed. 23. Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in drafting this document to arrive at a final agreement. Thus,the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 24. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 25. Palm Beach County Office of the Inspector General. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of any party contracting with the COUNTY and its officers, agents, employees and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 26. Entirety of Agreement. The CITY and COUNTY agree that this Agreement, together with any attached exhibits, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms or obligations in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF,the County of Palm Beach, Florida has caused this Agreement to be signed by the Mayor of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board,pursuant to authority granted by said Board, and the City of Delray Beach has caused this Agreement to be signed in its corporate name by its mayor and its corporate seal to be affixed hereto, attested by its City Clerk, the date and year first above written. R 2 13 0 ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Sharon R. Bock, Clerk o oiler BY: M ' ' BY: Deputy e: ,a p -� even L. Abrams, Mayor DATE: 01 i Qt3 DATE: JUL 16 2013 (SEAL) APPROVED AS TO FORMT AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY: CONDITIONS: BY: u x a Assistant County Attorney Robert Robbins, Director Palm Beach County Dept. of DATE:__ Environmental Resources Management ATTEST: CITY OF DELRAY BEACH, FLORIDA, BY ITS COMMISSION BY: � � � BY: City Clerk or DATE: DATE: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: - City Attorney DATE: l w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: July 30, 2014 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 CHANGE ORDER NO. 1 AND WAIVER TO THE HOUSING REHABILITATION GRANT AWARD/130 S.W.5TH AVENUE BACKGROUND On April 2, 2014 Commission approved a housing rehabilitation grant award in the amount of $28,638.50 under the Community Development Block Grant (CDBG) program to complete work necessary to bring the above-referenced home to minimum code requirements by repairing the roof, electric, plumbing systems and correcting other incipient code violations. The condition of the floor was addressed under the initial specifications, however, when the contractor removed the existing floor, he discovered the fact that the joist and ledger beam were majorly deteriorated. The Chief Building Official required that we have this one reviewed by a qualified Engineering firm for direction on resolving the structural issues. Stantec Consulting Services provided the assessment and corrective methods. The negotiated change order price from the contractor totals $12,744. The new total cost of the project is $41,382. Grant awards are based on the actual cost of the rehabilitation ($25,640.00), as determined by the low responsive bidder, plus a 5% contingency ($1,282.00). The total rehab cost also includes lead inspection ($450.00), lead abatement, lead clearance, termite inspection, termite treatment ($1,247.40), recording fees ($19.10) and change order #1 in the amount of$12,744.00 for a total rehabilitation cost of$41,382.00. The initial item was bid according to Ordinance 29-13, Section 36.02, "Methods of Acquisition" (A), (1) "Sealed Competitive Method." This request is in accordance with Section 36.06 Change Orders, (A) (I). FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Approval of Change Order #1 in the amount of$12,744.00 and request to waive the $37,000 maximum grant award established for housing rehabilitation projects under the Neighborhood Services Division's approved Policies and Procedures, funded under the Community Development Block Grant (CDBG) Program for the property located at 130 SW 5th Avenue. OPERATING COST Community Development Block Grant(CDBG) 118-1963-554-49.19 $12,744.00 TIMING OF THE REQUEST There is time-sensitivity to this request because the house is exposed to the elements. RECOMMENDATION Approve Change Order #1 in the amount of$12,744 and request to waive the $37,000 maximum grant award established for housing rehabilitation projects under the Neighborhood Services Division's approved Policies and Procedures, funded by the Community Development Block Grant (CDBG) Program for the property located at 130 SW 5th Avenue. City of Delray Beach Neighborhood Services CHANGE ORDER NO. 1 Page 1 olL 2 Pages Property Owner(s): Sevilla Wilson Property Address: 130 SW 5th Ave Contractor: Built Solid Construction The following items are to be added/deleted from the Construction Contract between the Property Owner(s)and the Contractor identified above. DELETED WORK ITEM NO. ITEM LOCATION AND DESCRIPTION OF WORK COST CODE 7 Repair floor $3,750.00 10 Install Vinyl Floor $ 925.00 SUBTOTAL DELETED $4,675.00 ADDED WORK ITEM NO. ITEM LOCATION AND DESCRIPTION OF WORK CODE 20 Install New Floor System $ 6,700.00 21 Repair Framing $ 6,200.00 22 Install Sheathing and Vinyl Flooring $ 900.00 23 Install Drywall $ 1,369.00 24 Repair Electrical Service Panel $ 1,500.00 Total of added work $16,669.00 Minus deleted work $(4,675.00) Add partial payments on work paid on deleted work $ 750.00 TOTAL CHANGE IN COST:ADD $12,744.00 JUSTIFICATION: Item#20.Install New Floor System While work was under it was uncovered that the flooring system in the South-central bedroom and bathroom needed extensive repair Item 20 Wall framing along the outside of South bedroom and bathroom wall had extensive drywall damage. Item 22 Install sheathing and vinyl flooring on areas replaced.Item 23 Install drywall in kitchen as needed to cover GFCI to code.Item 24 Repair electrical service panel wiring to bring into code compliance ANALYSIS OF CONTRACT STATUS TO DATE COST Original Contract Amount $25,640.00 Contract Sum(Inclusive of 5%contingency,Lead and Termite Inspection,Treatment&Recording Fees) $28,638.50 The contract sum will be[X]increased [ ]decreased [ ]unchanged by this change order $12,744.00 The new contract sum including this change order will be $41,382.50 After this change order,contract time will be: X I Unchanged Increased by working days Decreased b working days APPROVAL RECOMMENDATION Neighborhood Services Administrator REHABILITATION INSPECTOR Signature Date Signature Date The property Owner(s)and the Contractor identified below hereby agree to amend the Construction Contract entered into between them as described above. PROPERTY OWNER PROPERTY OWNER CONTRACTOR Signature Date Signature Date Signature Date \\ItsrvfDOI\ciprivate\Neighborhood Services\CDBG\Rehab Participmts\FY 13-14\2.Wilson,Sevilla R\Wilson CO.docx City of Delray Beach Neighborhood Services CHANGE ORDER NO. 1 Page 2 of 2 Pages Property Owner(s): Sevilla Wilson Property Address: 130 SW 5th Ave Contractor: Built Solid Construction DESCRIPTION OF ADDED ITEMS: 20. Install New Floor System Lot $ 6,700 Remove the existing portions of deteriorated joist and ledger beam in the hall bathroom and the South central bedroom,and replace or repair the beam and joists.Fill all affected hollow cells on the exterior South stem-wall with 2500 PSI concrete mix,and construct concrete piers as required by the engineer's specifications as detailed in the engineers report. Locations:Hall bathroom and south central bedroom. 21. Repair Framing Lot $ 6,200 Repair stud wall from floor to ceiling with construction grade 2"x 4"16"OC using top and bottom plates. Standard 3 stud comers shall be used and all openings shall be headed with framing material on edge. Finish with 1/2"drywall and finish with 3 coat process.Match existing finish as close as possible.Prepare for paint and apply one(1)coat of acrylic primer/sealer and paint with two(2)coats of flat washable paint. Location:South wall in bathroom,South central bedroom,and wall between the bedroom and bathroom. Note 1:Paint color choice shall be by owner.Contractor shall comply with manufacturer recommended time intervals between coats of paint and shall deliver a smooth full paint coverage. Roller and brush marks,runs,orange peels,and other defective paint application shall not be accepted. 22. Install Sheathing&Vinyl flooring Lot $ 900 Install new floor 518"sheathing to attain a flat surface to accommodate a new floor covering. Shimming of joists may be required for a uniform flat sheathing surface. Scrape and clean floor free of all debris to ensure smooth uniform surface,set tiles in mastic and follow proper pattern or graining. Include chrome threshold strips at all exposed flooring edges. Tile shall be Armstrong,GAF or approved equal. Location:Bathroom and bedroom that had the floor repaired 23. Install Drywall Lot $ 1,369 Provide and install all needed furring strips Install 1/2"drywall and finish with 3 coat process.Match existing finish as close as possible.Prepare for paint and apply one(1)coat of acrylic primer/sealer and paint with two(2)coats of flat washable paint. Location:Kitchen wall as needed to run GFCI outlets 24. Repair Electrical Service Panel Lot $ 1,500 Repair existing electrical Service re-pipe all exposed wiring over the top of the service panel to bring the electrical up to code. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Police Department THROUGH: Terry Stewart, Interim City Manager DATE: August 5, 2014 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 2014 BACKGROUND The Police Department requests approval to accept the Edward Byrne Memorial Justice Assistance Grant award (JAG 2014) in the amount of $40,770, which is the full allocation requested. The application for this grant was previously approved by the Commission on June 17, 2014. The award assists in funding police overtime for the annual Holiday Robbery Task Force. This is a renewal of a grant we have received for the last several years and there is no match requirement. The Holiday Robbery Task Force has been in operation since 1997 and runs annually from Thanksgiving through New Year's Day to provide saturation of patrol units in all shopping centers within the City and for First Night. This patrol effort has reduced crime during the holiday season, and has historically been funded through this JAG award. The award document is attached. Commission approval is needed. Saturation of patrol units in shopping centers within the City is needed to ensure safety of the shoppers during the Holiday season when crimes of opportunity tend to increase. The services support the City's mission to protect its citizens. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before City Commission is to approve the acceptance of the 2014 Edward Byrne Memorial Justice Assistance Grant award in the amount of$40,770. TIMING OF THE REOUEST The item was placed on the agenda as soon as award notification and documentation was received. This item is time sensitive due to the deadline for accepting the award. FUNDING SOURCE Funding is provided through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant(JAG) Program. No match is required. RECOMMENDATION Staff recommends approval to accept the grant award in the amount of$40,770.00. Department of Justice 02� mav�%•� Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington,D.C. 20531 July 30,2014 Chief Anthony W.Strianese City of Delray Beach 300 West Atlantic Avenue Delray Beach,FL 33444 Dear Chief Strianese: On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 14 Edward Byrne Memorial Justice Assistance Grant(JAG)Program:Local in the amount of$40,770 for City of Delray Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: Program Questions,Stefanie Harris,Program Manager at(202)305-8069;and Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo @usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, ,4-26rQ=•ee- Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS {I ) Office of Justice Programs Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCR @usdoj.gov Website:www.ojp.usdoj.gov/ocr July 30,2014 Chief Anthony W.Strianese City of Delray Beach 300 West Atlantic Avenue Delray Beach,FL 33444 Dear Chief Strianese: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C.F.R.pt.38,requires State Administering Agencies(SAAB)to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAB from making awards or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently(or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must hold them separately from the program funded by the DOJ,and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation,please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal—fbo.htm. SAAB and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,42 U.S.C.§3789d(c);the Victims of Crime Act of 1984,as amended,42 U.S.C.§10604(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,42 U.S.C.§5672(b);and VAWA,Pub.L.No. 113-4,sec.3(b)(4),127 Star.54,61-62(to be codified at 42 U.S.C.§ 13925(b)(13))contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions,the DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964(June 2013),available at http://www.ojp.usdoj.gov//about/ocr/pdfs/ljseofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the Advisory,recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt.42,subpt.E)and(2) submitting to the OCR findings of discrimination(see 28 C.F.R.§§42204(c),205(c)(5)). Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than$25,000 or is a nonprofit organization,a medical institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement. To claim the exemption,your organization must complete and submit Section A of the Certification Form,which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of$25,000 or more,but less than$500,000,and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report(formerly called an EEOP Short Form),but it does not have to submit the report to the OCR for review. Instead,your organization has to maintain the Utilization Report on file and make it available for review on request. In addition,your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for$500,000 or more and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report (formerly called an EEOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report,please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition,your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202) 307-0690,by TTY at(202)307-2027,or by e-mail at EEOsubmisson @usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award,your organization has received an adverse finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws. In addition,SAAB must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement,see http://www.ojp.usdoj.gov/funding/other requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us. Sincerely, a At-- Michael L.Alston Director cc: Grant Manager Financial Analyst Department of Justice ` Office of Justice Programs (� Bureau of Justice Assistance PAGE 1 of 7 Grant 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2014-DJ-BX-0309 City of Delray Beach 300 West Atlantic Avenue 5.PROJECT PERIOD:FROM 10/01/2013 TO 09/30/2017 Delray Beach,FL 33444 BUDGET PERIOD:FROM 10/01/2013 TO 09/30/2017 6.AWARD DATE 07/30/2014 7.ACTION IA.GRANTEE IRS/VENDORNO. 8.SUPPLEMENT NUMBER Initial 596000315 00 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $40,770 Delray Beach Police Department's Holiday Robbery Task Force 11.TOTAL AWARD $40,770 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FY14(BJA-JAG)42 USC 3750,et seq. 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Anthony W.Strianese Director Chief of Police 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. NDJUGT0359 FISCALYFUNDC BUD.A OFC. DIV.RE SUB. POMS AMOUNT EAR ODE CT. G. X B DJ 80 00 00 40770 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD �q Bureau of Justice Assistance CONTINUATIONSHEET PAGE 2 of 7 Grant PROJECT NUMBER 2014-DJ-BX-0309 AWARD DATE 07/30/2014 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse,or misconduct should be reported to the OIG by- mail: Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 20530 e-mail:oig.hotline @usdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.C£28 C.F.R.parts 66,70. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD �q Bureau of Justice Assistance CONTINUATIONSHEET PAGE 3 of 7 Grant PROJECT NUMBER 2014-DJ-BX-0309 AWARD DATE 07/30/2014 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/sam.htm(Award condition:Registration with the System for Award Management and Universal Identifier Requirements),and are incorporated by reference here.This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such events,and costs of attendance at such events. Information on pertinent laws,regulations,policies,and guidance is available in the OJP Financial Guide Conference Cost Chapter. 11. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award,and those award fixnds have been,are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this OJP award,the recipient will promptly notify,in writing,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds,or of the parents or legal guardians of such students. 14. The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in subsection(a)limits the use of fixnds necessary for any Federal,State,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. 15. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipienPs access to grant funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD �q Bureau of Justice Assistance CONTINUATIONSHEET PAGE 4 of 7 Grant PROJECT NUMBER 2014-DJ-BX-0309 AWARD DATE 07/30/2014 SPECIAL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 17. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award,including such use being consistent with the conditions of the award,the effective edition of the OJP Financial Guide and,as applicable,either(1)28 C.F.R.Part 66 or(2)28 C.F.R Part 70 and 2 C.F.R.Part 215(OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report,SF 425. 18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 19. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: http://www.it.ojp.gov/gsp_grantcondition.Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 20. The recipient is required to establish a trust fund account.(The trust fund may or may not be an interest-bearing account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to the Office of Justice Programs at the time of closeout. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD �q Bureau of Justice Assistance CONTINUATIONSHEET PAGE s of 7 Grant PROJECT NUMBER 2014-DJ-BX-0309 AWARD DATE 07/30/2014 SPECIAL CONDITIONS 21. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html,for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 22. JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(BVP)program. 23. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor.There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. 24. Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http://nij.gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American- made.The latest NIJ standard information can be found here:http://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD �q Bureau of Justice Assistance CONTINUATIONSHEET PAGE 6 of 7 Grant PROJECT NUMBER 2014-DJ-BX-0309 AWARD DATE 07/30/2014 SPECIAL CONDITIONS 25. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 26. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period.This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. 27. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,faith- based organizations may,in some circumstances,consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_f bo.htm. 28. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform to the grant program requirements as stated in BJA program guidance. 29. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22.23. 31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,and guidelines,including the OJP Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 32. The recipient agrees that funds received under this award will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD �q Bureau of Justice Assistance CONTINUATIONSHEET PAGE 7 of 7 Grant PROJECT NUMBER 2014-DJ-BX-0309 AWARD DATE 07/30/2014 SPECIAL CONDITIONS 33. Award recipients must submit quarterly a Federal Financial Report(SF-425)and annual performance reports through GMS(https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P.L. 103-62,applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore,quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 34. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 35. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(internet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.ctfli.org).This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and accountability.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). 36. No JAG funds may be expended on the purchase of unmanned aircraft,unmanned aircraft systems or unmanned aerial vehicles(UA/UAS/1JAV),unless the BJA Director certifies that extraordinary and exigent circumstances exist,making them essential to the maintenance of public safety and good order.Any state or local jurisdiction receiving BJA approval to utilize JAG funds for this type of purchase must certify to DOJ that it received Federal Aviation Administration(FAA)approval to operate a UA/IJAS/UAV and that it is legal to operate a UA/IJAS/UAV in the proposed jurisdiction or geographic area. The recipient must submit a statement on the goals and objectives for the use of a UA/UAS/UAV,the anticipated specific uses,and policy regarding privacy considerations.BJA may require additional reporting requirements that will be stipulated post award. 37. BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once you register,one of the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington,D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Delray Beach The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of which could have environmental impacts.All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds are used directly by the grantee or by a subgrantee or third party.Accordingly,prior to obligating funds for any of the specified activities,the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a.New construction; b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household, recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA.Further,for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required.For more information about Mitigation Plan requirements,please see http://www.ojp.usdoj.govBJA/resource/nepa.html.Please be sure to carefully review the grant conditions on your award document,as it may contain more specific information about environmental compliance. Department of justice GRANT MANAGER'S MEMORANDUM,PT.L• Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF 1 2014-DJ-BX-0309 This project is supported under FY14(BJA-JAG)42 USC 3750,et seq. 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Stefanie Harris Kristina Maricic (202)305-8069 Administrative Officer 300 W.Atlantic Avenue Delray Beach,FL 33444-3695 (561)243-7852 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS BJA FY 14 Edward Byrne Memorial Justice Assistance Grant(JAG)Program:Local ON REVERSE) 4.TITLE OF PROJECT Delray Beach Police Departmenfs Holiday Robbery Task Force 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Delray Beach 300 West Atlantic Avenue Delray Beach,FL 33444 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM 10/01/2013 TO 09/30/2017 FROM 10/01/2013 TO 09/30/2017 9.AMOUNT OF AWARD 10.DATE OF AWARD $40,770 07/30/2014 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical assistance,training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following program areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs;5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;and 7)crime victim and witness programs(other than compensation). OJP FORM 4000/2(REV.4-88) The grantee will use the award to support the Holiday Robbery Task Force.Funds will be used to support the cost of overtime for officers who will be deployed in targeted areas.These officers will provide high visibility patrols and serve as a crime deterrent.The project goals are to reduce the number of serious crimes that occur during the holiday season and make citizens feel safer in their communities. NCA/NCF w MEMORANDUM W TO: Mayor and City Commissioners FROM: Information Technology Division Guy Buzzelli, CGCIO, CIO THROUGH: Francine Ramaglia, Assistant City Manager Terrance Stewart, Interim City Manager DATE: July 7, 2014 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 SELECTRON TECHNOLOGIES,INC.ANNUAL SOFTWARE MAINTENANCE AGREEMENT BACKGROUND Code of Ordinances, Chapter 36.02, (C)(6)(a), "Sole Source", adopted by the Commission on November 19, 2013, requires (i) a determination of sole source and (ii) approval from the Commission when the estimated sole source renewal is expected to be at or greater than $25,000. Since 2004, Selectron Technologies, Inc. has been used for interactive voice response (IVR) and web payments for utility billing and permitting. This annual maintenance renewal allows for continued support of paying permits and utility bills via the City's IVR(phone system) and website. In 2004, HTE, now known as Sungard Public Sector, was the software manufacturer and had an exclusive business partner relationship with Selectron Technologies, Inc. Therefore, Selectron Technologies, Inc., as their only business partner, was the only entity permitted to maintain the software. Based on this information, Selectron Technologies, Inc. should be considered a sole source provider for this maintenance renewal. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before City Commission is approval of the one year renewal of the Selectron Technologies, Inc. annual maintenance contract in the amount of$25,535 which was due initially on June 15, 2014. Per the vendor letter, the City has been granted an additional grace period through August 2014 to remit payment. TIMING OF THE REOUEST Invoice is overdue, therefore this request should not be delayed. FUNDING SOURCE Funding is available from 001-1811-513-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance), 001-2721-524-46.90 (General Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs) and 441-5112-536-46.90 (Water and Sewer Fund: Repair and Maintenance Service/Other Repair/Maintenance Cost). RECOMMENDATION IT recommends approval of Selectron Technologies, Inc. as a sole source provider and approval of the annual maintenance contract renewal in the amount of$25,535. Selectron Invoice 7255 TE= CHNOLOGIES , INC. 4/17/2014 12323 5W 66th Avenue Portland, Oregon 97223 Bill To: Ship To: City of Delray Beach Accounts Payable 100 NW First Avenue Delray Beach,FL33444 P.O.Number Vendor No. Terms Due Date Rep. Quote No. lob No. Net 60 6/15/2014 Renew 754574 Quantity Description Bate Amount Maintenance Period: 07/01/2014-06/30/2015 1 PremierPro Support Level for VoicePermits 8,365.00 8,365.00 1 PremierPro Support Level for WebPermits 2,215.00 2,215.00 1 PremierPro Support Level for VoiceUtility 9,390.00 9,390.00 1 PremierPro Support Level for WebUtility 3,350.00 3,350.00 1 PremierPro Support Level for IVR Server 1,475.00 1,475.00 1 PremierPro Support Level for Web Server 740.00 740.00 sara.engel @selectrontechnologies.com Subtotal $25,535.00 Accounting(503)597-3304 Fax(503)443-2052 Sales'Tax(0.0%) $0.00 Remit Payment to: Total $25,535.00 Selectron Technologies,Inc. Payments/Credits $0.00 12323 SW 66th Avenue Portland, OR 97223 Balance Due US$ $25,535.00 U QA4-a - Selectron Technologies, Inc. Support and Maintenance Agreement This Support and Maintenance Agreement(this"Agreement")Is entered into upon commencement of the Warranty between Seleciron Technologies,Inc.('Company")and the City of Delray Beach,Florida(°Customer`). For the fees specilied below,Company will provide to Customer support and maintenance for the Products,as outlined below and as set forth in Exhibit A,for the term of the Agreement. 4.Term: 3. Support Services; Company shell provide customer support for technical problems that occur a)The Term of this Agreement shat[commence upon when using the Products. This Agreement does not the issuance of the Second Invotos (as that term is include support of the fallowing Items: defined In the Professional Services Agreement, Ex. A) of the Company product(s) to which this a) Altered or modified Software not performed by Agreement relates (the"Products"),and shall end on Company. the last day of the twelfth month. A list of the b) Errors caused the Customer's negligence, or Products is attached as Ex t bt i IRg. other causes beyond Company's reasonable control. b) if this Agreement [s entered Into after the c) Version Upgrades of Third Party Software not commencement of the warranty or subsequent provided by Company. support periods,the Customer will be charged for the d) Enhancements or modifications to current entire Term ginning on the Warranty Date. versions performed at the Customer's request and not intended to resolve a product failure. 2, Renewal: Company Softwars Developers will directly handle the a) The Term of this Agreement will automatically Customer Issues outlined In the following levels of renew for successive terms of one year each unless support. either party gives written notice of non-renewal prior to thirty (30)days before the and of the then-current 0. Support and Maintenance: term. Standard Suaoart b)The Customer shall maintain continuous coverage The a. for Telephone Support includes; of Its support contracts In order to be eligible for a. Telephone Support for installation and general use questions during nominal telephone support, and other services provided Agreement la not renewed and the business hours Frid yin.to 5:30 p.m.CST. hereunder. If this Ag Monday through Friday). Customer[star decides to reinstate support services, b. On-Line technical diagnostic support the Customer must pay all fees that would otherwise a. Software correction upgrades have been paid had this Agreement been renewed b. Use of Company's Toll Free Number without interruption. c. 1 business day relief goal c) The Customer may request concurrent expiration Pramt„ ar Support MVRAWR only) dates for support agreements purchased at different The fee for Premier 5uppart Includes: times of the year. The Customer must work directly a. Telephone Support for Installation and with Company to adjust (prorate) their support general use quest[ons during normal business hours 7:00 a.m.to 5:00 p.m.PST, coverage so the terms of all such agreements expire Monde through riday). concurrently. b. Use of h Company's Toll Free Number 3. Termination: This Agreement may be terminated c. On-Line technical diagnostic support by either party upon ninety (90)days written notice to d. Software correction upgrades the other party. e. 1 business day relief goal f. 24 Hours, 7 stays per week, 365 days per 4. Fees: The Customer shall prepay Company an year support for emergency(system down or annual fee for the support services as set forth in inoperable)calls Exhibit 9• Non-emergency calls made after normal business hours will be billed at an hourly rate of 1.5 times the Sdmdard Tomas aMCondidow revised January 2004 i 1 i f current day labor rate, with a two hour minimum DAMAGES, INCLUDING ANY LOST DATA AND charge, LOST PROFITS,ARISING FROM OR RE=LATING TO THIS AGREEMENT, COMPANY'S TOTAL 7. Hardware Maintenance. Company, at its sole CUMULATIVE LIABILITY IN CONNECTION WITH discretion, may use new or refurbished parts for the THIS AGREEMENT AND THE SERVICES f repair or replacement of any Company provided PROVIDED HEREUNDER, WHETHER IN Hardware. CONTRACT OR TORT OR OTHERWISE,WILL NOT EXCEED THE AMOUNT OF FEES PAID TO S. Customer Warranty: Customer shall perform all COMPANY HEREUNDER, CUSTOMER necessary preventative maintenance as outlined in ACKNOWLEDGE=S THAT THE FEES REFLECT THE , Company's Administrative Guide. If Customer's ALLOCATION OF RISK SE's FORTH IN THIS failure to perform the required preventative AGREEMENT AND THAT COMPANY WOULD NOT maintenance is determined, in Company's and ENTER INTO THIS AGREEMENT WITHOUT THESE Customer's reasonable discretion,to be the cause of LIMITATIONS ON ITS LIABILITY. any support call,Customer will be billed at the current hourly rate, 13 Limited Remedy: if Company materially falls to perform its obligations under this Agreement, and S. Response Times: Non-emergency support GIs such failure results In downtime of the relevant i wlil be responded to vANn one business day, hardware and software that exceeds 40 hours, however most calls are handled within two hours of Customer's We remedy, and Company's antire receipt. For Premier Support during non-business liability. shall be a pro rata refund for the services hours, an answering service takes all support calls. ("0own1me Credit"). to order to receive a Downtime Calls that are placed as are emergency(system down Credit,the Customer must notify Company In writing or Inoperable)will be dispatched to the on-call support within 7 days from the time of Downtime. In no event staff for response within four hours. Non-emergency shall any Downtime Credit or the total cumulative calls will be directed to support personnel,and will be damages for a breach of this Agreement by Company responded to the next business day. be more than the amounts prevlously paid by [ Customer under this Agreement in the 12 month 10. Customer Contacts: Three customer support period Immediately preceding the Downtime Credit or j contacts are allowed. Additional contacts main be breach. added at any time for an additional $50p.00 per contact. Onty Customer's customer support contacts 14. Saverabllity: if any provision of this Agreement may contact Company for support services. Is unenforceable,such provision will be changed and i interpreted to accomplish the objectives of such I Customer's customer support contacts are as set provision to ft greatest extent possible under forth on E&Wj Customer may change its applicable law and the remaining provisions will customer support contacts upon 34 days written continue In full farce and effect. Without limiting Hie notice to Company. generality of the foregoing, Customer agrees that SWIlona .12 and JA will remain in effect 11, Warranty Disclaimer: TO THE MAXIMUM notwithstanding the unenforceability of any provision EXTENT PERMITTED BY APPLICABLE LAW, THE In SecUM I i i PRODUCTS AND SERVICES PROVIDED i HEREUNDER ARE PROVIDED TO CUSTOME=R"AS is. f=arce Majeurs. 'Any delay in the performance of j Is" AND COMPANY AND ITS SUPPLIERS any duties or obligations of either party(except the DISCLAIM ALL OTHER WARRANTIES, E=ITHER payment of money owed) will not be corsldered a # EXPRESS OR IMPLIED, INCLUDING, BUT NOT breach of this Agreement If such delay is caused by a � LIMITED TO, IMPLIED WARRANTIES OF labor dispute,shortage of materials,fire,earthquake, MERCHANTABILITY AND FITNESS FOR A flood,or any other event beyond the control of such PARTICULAR PURPOSE, TITLE AND party, provided that such party uses reasonable NONINFRINGEMSNT OF THIRD PARTY RIGHTS, efforts, under the circumstances, to notify the other This lirnitation on liability Is made regardless of party of the elrcumstances causing the delay and to whether Company knows or had a reason to know of resume performance as soon as possible. Customer's particular needs. No employee, agent, dealer or distributor of Company is authorized to 1g, Independent Contractors: The relationship modify this limited warranty, or make any additional been Customer and Company is that of an warranties. independent contractor,and neither party is an agent 12. timitatlon of I,Iabill TO THE MAXIMUM or partner of the other. Customer or Company will not hr: have, and will not represent to any thlyd party that it EX MNT PERMITTED BY APPLICABLE LAW,IN NO has,any authority to act on behalf of either party. EVENT WILL COMPANY OR CUSTOMER BE LIABLE FOR ANY CONSEQUE=NTIAL, INDIRECT, 17. Appliaable Law. This Agreement will be EXEMPLARY, SPECIAL OR INCIDENTAL governed by the laws of the State of Florida. The Revised 1102 United Nations Convention on Contracts for the 18. Enttre Agreement: This Agreement and the International Sale of Goods does not apply to this attached Addendum, which are Incorporated herein Agreement. Any action or proceeding arising from or by reference,constitute the entire agreement between relating to this Agreem" must be brought In the the parties regarding the subject hereof and federal or state court located In Palm Beach County, supersedes all prior or contemporaneous Florida and each party irrevocably submits to the agreements, understandings, and communication, jurisdiction and venue of any such courts in any such whether wriften or oral. This Agreement may be action or proceeding. amended only by a written document signed by both parties. The terms on any purchase order or similar 1a. Survival. Sections 11, 12,13, 14, 16, 17, 18, 113 document submitted by Customer to Company will and 20 will survive expiration or termination of this have no effect. Agreement Selectron Technologies,Inc. Customer City of Delray Beach, Florida By: Todd Johnston- By; eJQseph M. ffo-td signed. Signed-. Title; reader 7111e; Director of Finance Date: _ (V z-- 6!e Date: 04-05-2004 _— Addrew.7,405 SW Tech Center Urlva.Sul e.140 _ _ Address: 100 NW 1st Avenue Portland.OR 97223 __ Delray Beach, F433444 Revised 1l02 t I EXHIBIT A Pricing Support Level: ❑Standard Premier 3 Effective Dates: 12-Month Warranty begins at the completion of on-site installation I Annual Cost: Warranty Included in Professional Services Agreement Extended Maintenance Estimate: Item Dates covered Amount Pavment Due Date VoicePermits with June 1,2004 through May 0.00 Warranty Additional Functionalfiv 31, 2005 i VoicePermlts with June 1, 2005 through May $5,040.00 May 15,2005 ! Additional Func tionaiit 31,2006 ' VoicePermits wiih June 1,2006 through May $5,292.00 May 15,2006 Addltional Funotlanality 31 2007 VoicePermils with June 1,2007 through May $51556.60 May 15,2007 Additional Functionalit 31,2008 I Dotes: ! • For this purpose,we will assume a June 1,2004 warranty date on the currently scheduled System. Actual elate is based on the on-site Implementation and will be mutually determined with your Project Coordinator. • The System Value for maintenance calculations Is$50,400. • Year over year maintenance support costs will not increase mores than 6%. Maintenance estimates for future periods do not include Increases to reflect additional functionality purchased. Maintenance estimates for future periods are not a guarantee that annual support agreements will be offered. You will receive a minimum of 12 months notice of I discontinuance of annual support agresmentfi. Products and licenses ! Workstation(Minimum Specifications Summary): Intel*Xeon31° Processor2.40GHz1S33MHz Microsoft""Wlndows62000 Server 768 MB IMAM Microsoft SQL Server Two(2)80 GB hard drive(RAID I mirroring) Remote Access software CD ROM,58K Modem,Network Card 4-Port Voice Card i Baste Modules(Including): Schedule an Inspection Speak Site Address ! Cancel an Inspection Permit Based Messaging Obtain Inspection Results VP Reporting Module Post inspection Results i Inspection Results&History(Fax) Inspection Failure Codes Plan Review Status(Spoken&fax) 14 StandaW'[am and C.andlftm ravWd January 2(04 i i j i SmartFAK(Required when fax functionallty Is purchased) E Customer Support Contacts Company Name: I Address; City: - - State:_—Zip; Contact: Email Telephone: Contact: —Email. Telephone: I Contact; Email___Telephone; Group Entail for all three oontacts: ! i I I r s E E i I i i 1 $mmlaM Teens and COAMm nvlwd Jm%W 20M I EXHIBIT A Updated July 3, 2014 Pricing Item Dates covered Amount Payment Due Date VoicePermits, WebPermits, July 1, 2014—June 30, $25,535.00 June 15,2014 VoiceUtility and WebUtility 2015 Products and Licenses VoicePermitsTM Interactive Voice Response Basic Modules (including): Schedule an Inspection Speak Site Address Cancel an Inspection Permit Based Messaging Obtain Inspection Results VP Reporting Module Post Inspection Results Inspection Results&History(Fax) Inspection Failure Codes Plan Review Status(Spoken&Fax) SmartFAX Permit Validation Smart E-Mail Utility Notification Additional Admin License WebPermits"m Interactive Web Solution Web site to display the following information Permit Status Schedule an Inspection Cancel an Inspection Obtain Inspection Results and History Review Active Inspections Plan Review Status VoiceUtility"m Interactive Voice Response Basic Modules (including): Current Balance Owed Transaction Logging Last Billing Date and Amount Reporting Module Next Billing Date Four Licensed Port Last Payment Date and Account Spanish Block rCash only'Accounts Payment Processing Credit Card Processing Outbound Delivery Services Alerts Delinquency Notification WebUtilityTM Interactive Web Solution Web site to display the following information Credit Card Processing Block'cash only'Accounts Account Status Billing History Payment History Standard Terms and Conditions revised January 2004 Hardware—VoiceUtilityTM, Outbound Delivery ServicesTM Workstation ProLiant ML350 G6 MicrosoftTm WndowsO 2003 Server 4 GB RAM Microsoft SQL Server One(1)160 GB Hard Drive Remote Access Software CD ROM,56K Modem, Network Card 4-Port Voice Card Hardware—VoicePermitsTM Workstation ProLiant ML150 G2 MicrosoftTm Windows®2003 Server 1 GB RAM Microsoft SQL Server One(1)74.4 GB Hard Drive Remote Access Software CD ROM,56K Modem,Network Card 4-Port Voice Card Hardware—Shared Server for WebPermitsTM and WebUtilityTM Workstation ProLiant DL360 G4 MicrosoftTm Windows®2003 Server 1 GB RAM Remote Access Software One(1)67.8 GB Hard Drive CD ROM,Network Card Standard Terms and Conditions revised January 2004 Selectron V O I C E • W E B • MOBIL E July 17, 2014 Guy Buzzelli City of Delray Beach 150 NW 1"Avenue Delray Beach, Fl. 33444 To Whom It May Concern: We are able to extend a grace period, through August 31, 2014 for the services on Invoice #7255. We will continue to provide uninterrupted support and maintenance service in July and August as it is our understanding that the City intends to renew the annual agreement. Sincerely, l Sara Engel Accounting Manager Selectron Technologies, Inc. 12323 SW 661h Avenue Portland,OR 97223 V,866.878.0048 P:503.443.2052 Selectron VOICE • WEB • MOBIL E July 18, 2014 Guy Buzzelli City of Delray Beach 150 NW 1$1 Avenue Delray Beach, FL 33444 To Whotn It May Concern: This letter is to attest that all maintenance services, enhancements, and upgrades for your VoicePermitsT"`, WebPermits"", VoiceUtility`and WebUtilityTll systems are only available directly from Selectron Technologies. Selectron Technologies (Selection) is the sole provider and manufacturer of our products and services. Your Selectron systems are comprised of proprietary software specifically installed for the City of Delray Beach. Anyone providing maintenance services, enhancements, and upgrades must have access to this software code to support your installation. Since this code is part of our proprietary intellectual property, we would not release it to any non-Selectron organization. Best regards, 1 Todd A.Johnston President, CEO 12323 SW 661,Avenue Portland,OR 97223 V:866.878.0048 F:503.443.2052 WHEREAS, the Japan Karate Association (F]* tA'.; Nihon Karate Kyokai) was founded in Tokyo, Japan in 1949 for the purpose of sharing the physical and spiritual benefits of traditional Japanese Shotokan Karate throughout the world; WHEREAS, the Japan Karate Association, through its local entity, the South Atlantic Karate Association, is one of the leading private, non- profit organizations devoted to sharing knowledge about the physical and spiritual benefits of Japanese martial arts to adults and children throughout Delray Beach, South Florida, and across the region; and WHEREAS, in honor of the City's long-standing relationship with its Sister City, Miyazu, Japan; its proximity to the Morikami Museum & Japanese Gardens; and its commitment to marketing the City as a sport- tourism destination, the South Atlantic Karate Association has elected to relocate its annual summer camp to the City of Delray Beach, Florida; and WHEREAS, on August 22-24, 2014, the South Atlantic Karate Association will host its 40th Annual Summer Training Camp in Delray Beach, Florida, and will celebrate Master Shojiro Koyama's 50th anniversary of teaching traditional Japanese Shotokan Karate in the United States, with over 100 martial artists from across the country coming to the City to train together in a spirit of fraternity, friendship and goodwill. NOW THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby recognize: SOUTHATLANTIC KARATEASSOCIATION and MASTER SHOJIRO KOYAMA,JAPAN KARATE ASSOCIATION and call upon all present to acknowledge and applaud their humanitarianism, dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida to be affixed this 19th day of August 2014. CARY D. GLICKSTEIN MAYOR w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: August 7, 2014 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Historic Preservation Board Meeting of f August 6, 2014 1. Approved (4 to 0, Samuel Spear, John Miller and Andrea Sherman absent ), an Ad Valorem tax exemption request for additions and alterations on a contributing property, located at 101 NE 5th Street within the Del-Ida Park Historic District. 2. Approved with conditions (5 to 0, Samuel Spear and John Miller absent), a request for a Certificate of Appropriateness for the installation of a black vinyl coated chain-link fence on a non- contributing property, located at 129 NW 3rd Avenue within the West Settlers Historic District. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of July 28, 2014 through August 8, 2014. OPERATING COST N/A TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING - - -' -CITYLIMITS • _ _ _ N APPEALABLE ITEMS -49dow— ONE MILE I PLANNING AND ZONING LOCATION MAP 0 AUGUST 19, 2014 GRAPHrc SCALE DEPARTMENT GULFSTREAUBLVD. t CI 1 ¢ vl W 1 Q L-30 CANAL m 4 Q 906 � w lil L.F y / LAKE IDA ROAD z G. BUS L / � ¢ 1 1 LA A O ° i 3 D E. ST. ro _ z a � N.W.2ND T. 3 1 r , _ 1 806 S.W.2ND ST. h PC 1 I O A1A = U ❑ 3 3 � O J W U m S.w. 10TH ST. - 1 •r LOWSON BOULEVARD 1 •Ir ❑ 1 it 3 i LINTON BOULEVARD " W Q UJ / OZp 1 1 , k0P� h y p W 3 k � T 1 W 906 J 1 L-38 CANAL C-15 CANAL HPB: A. 101 NE 5TH STREET B. 129 NW 3RD AVENUE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File—Cob\CC—DOC\8-19-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: July 28, 2014 SUBJECT: AGENDA ITEM 8.N.1 -REGULAR COMMISSION MEETING OF AUGUST 19,2014 BID AWARD TO ALL PHASE ROOFING&CONSTRUCTION,INC. BACKGROUND The Pompey Park Administration building has had reoccurring issues with an existing flat roof system. Consultants narrowed down the source of the water intrusion to a walled in area that is commonly referred to as a mechanical pit. The space contains all of the heating, ventilation and air conditioning equipment for the building. During heavy rain events, the flat roof system overwhelms the roof drains, water seeps past the air conditioning condenser support stands (that are structurally welded to the bar joints below) then soaks into the permadeck roof system. Eventually, the total saturation of the permadeck roof causes random deluges of water into the office spaces below. As a result, specific purpose plans and specifications were developed by David Miller & Associates. Miller and his team of sub-consultants included structural, mechanical and electrical engineers. Together they designed a new roof system with sloping angles to provide positive drainage; no longer will water pond in this area. Structural improvements include the use of elevated mechanical stands for the air conditioning condensers; the units currently lay flat on the roof which is not code compliant. Electrically, all applicable support components such as switchgear equipment will be updated to current code. Due to budgetary constraints, plans and specifications were prepared with bid alternates. The base bid focused on mechanical pit area, the most critical location at this time. Alternates one, two and three were options to reroof the balance of the structure in stages. Alternate four would have replaced an air conditioning unit that in the opinion of the mechanical engineer is nearing its life cycle. The information collected utilizing the alternate's option shall be used for future budgetary purposes. Bids were publicly opened by the Purchasing Department on June 10, 2014. The apparent low bidder was All Phase Roofing & Construction, Incorporated with a base bid amount of $249,665.00; staff recommends award for the base bid amount. The company has successfully conducted roofing and construction work for the City of Delray Beach in the past. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (A) "Sealed Competitive Method" (1) "Competitive Bids". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This is a request for City Commission to award a bid to All Phase Roofing & Construction, Inc. in the base bid amount of$249,665.00; the firm submitted a complete bid package that meets the criteria set forth in the bid documents and is the most responsive bid. The information collected utilizing the alternate's option shall be used for future budgetary purposes. TIMING OF THE REQUEST This is a time sensitive item. Staff continues to be exposed to random inundations of rain. The latest environmental evaluation for indoor air quality, conducted by Eco Advisors, did not detect any air quality issues. Also, repairs to the facility during the months of September through December will minimize impacts to activities held at the location; the summer months June through August are peak season. FUNDING SOURCE Funding is available from 334-4127-572-62.10 (General Construction Fund/Parks & Recreation/ Buildings) after budget transfer. RECOMMENDATION Staff recommends the bid award to All Phase Roofing & Construction, Inc. in the base bid amount of $249,665.00; the firm submitted a complete bid package that meets the criteria set forth in the bid documents and is the most responsive bid. a O o O O O Q O n r-1 O N N 0 eLn 00 LIZ 01 4c a N N M r�-1 N Lit Z Q — r >. Z ❑ O cc Q D m am L= a� Q 0 0 C! °o °o °o e� C7 z I o I a H O U ry tnv> ?' NN r r E aZ D d V O N p 7 0 J Z .� � Q Q d c O N 0. z Q 4F W 0 `u ❑ a � O m U) 1�- a a w C3 0 � � d vi 1ri ui = vi a/$ V) vi L ea J J J J J J J Q d L r'f � J 1n V z W ['n z o ~ D i = Q W ❑ O V m W z Q W v Lu z I a W H Q V O-1 � O c U. 0. L6 Q Q w N ~ O a } V W W L 0 Q 1,L = d Q J W o cc z w in LLI ~o 0 O Lw ❑ z o � o W W W W W 7 W ❑ q� W 0 M F- H CJ ot CC m Q 1n ❑ z z z z LLA in O W a W J La 5 _z Z W W W W 3 Z y z a oC a LL O o Y 9t _3 o o a a a a zco � a o � S W z ❑ ❑ ❑ ❑ u 0 o Vamp z m m m m` aao ❑ .� N of Q m V ❑ lu m Jr LIA Q oWe Z' D E E ° U O V 0 a N N O m W ' W N n W cm -ij Z F� IL W W N i4 M W Z C ti � I%. I- CLo LL.LL N N N N _ x W w O W v V V V w 4c POA 4 44 44C d m m m m m m y y W Z d 4 d 'a m Z ul ia Lu w WIL a LL. � L6 L6 = o ., d o 0 0 0 O a o a a ci w Q 7 z N V x IL W Q a 4 CA W y z �- 0 m Z d e w City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date 30 June 2014 (3) Interfund/Interdepartmental Transfer (4) Batch Number (5) Requested By: Bob Diaz, Environmental Services Department PROJECT# (6)ACCOUNT NUMBER (7)DESCRIPTION (8)TRANSFER OUT (9)TRANSFER IN PR-General Construction Fund $40,000.00 14-027 334-4127-572-63.90 Improvements Other PR-General Construction Fund 14-020 334-4127-572-62.10 Parks & Rec Buildings $40,000.00 (10)TOTAL $40,000.00 $40,000.00 Justification: To fund the budget shortfall that became apparent following the bid opening. The original budget for CIP purposes was established without the benefit of a defined scope of work. Parks and Recreation offered funding from project #14-027 Pompey Park Pool redesign as the roof repairs were deemed more important at this time. Department Head Asst City Manager Finance Director City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 31, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 NOMINATIONS FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT BACKGROUND The term for regular members, Mr. Mel Pollack, Mr. Allen Kilik and Ms. Dale Miller will expire on August 31, 2014. Mr. Mel Pollack will have served two (2) full terms and is not eligible for reappointment. Mr. Allen Kilik and Ms. Dale Miller will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Please be advised that Ms. Brenda Cullinan is an alternate member and would like to be considered for regular membership. Nominations for appointment are needed for three (3) regular members to serve two (2) year terms ending August 31, 2016. The Board of Adjustment shall consist of five (5) regular members and two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill three seats on the Board with either an architect, landscape architect, realtor/real estate broker, engineer, general contractor or land planner. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for three (3) regular members to serve two year terms ending August 31, 2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Board of Adjustment. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for three (3)regular members to serve on the Board of Adjustment for two (2)year terms ending August 31, 2016. BOARD OF ADJUSTMENT EXHIBIT "A" Brenda Cullinan Retired Superintendent—Alternate Incumbent Allen Kilik Retired-CEO Incumbent Dale Miller Interior Designer Incumbent Jerome Sanzone Builder/General Contractor Alan Siegel Attorney (currently serving on the Police Advisory Board) Kevin Warner Educator(currently serving on the Civil Service Board) Bryan Weber Attorney (also applying to the Planning and Zoning Board) BOARD OF ADJUSTMENT 07/14 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2015 Harvey Starin Real Estate Broker Appt 08/16/11 Reappt 08/20/13 08/31/2014 Mel Pollack,Vice Chair Retired- Security Appt 08/19/09 alt Unexp Appt 02/16/10 reg Reappt09/07/10 Reappt08/21/12 08/31/2014 Dale Miller Interior Designer Appt 08/16/11 alt Unexp Appt 09/20/11 Reappt 08/21/12 08/31/2014 Allen Kilik, Chair Retired-CEO Unexp Appt 05/17/11 reg Unexp Appt 10/19/10 alt Reappt08/21/12 08/31/2015 Michael Park Attorney Unexp Appt 06/07/11 Appt 08/16/11 reg Reaapt08/20/13 ALTERNATES 08/31/2015 Brenda Cullinan Retired Unexp Appt 11/01/11 Reappt10/01/13 08/31/2015 Jess Sowards Architect Unexp Appt 04/16/13 S/City Clerk/Board 14/Board of Adjustment Contact: Yolaina Ruiz 243-7056 \ U / \ Q / z i W i \ N M N M M N M M O M 00 00 06 W O O O O O O O O W W W W W W all \ Z .C.0 / � 5 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: August 8,2014 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 PLANNING AND ZONING BOARD NOMINATION FOR APPOINTMENT BACKGROUND The term for regular member, Mrs. Thuy Shutt will expire on August 31, 2014. Mrs. Thuy Shutt will have served one (1) full term, is eligible, and would like to be nominated for reappointment. However, her application was not submitted or received. Therefore, nomination for appointment is needed for one (1)regular member to serve a two (2)year term ending August 31,2016. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. In addition, the City Commission shall fill four seats on the Board with either an architect, landscape architect, realtor/real estate broker, engineer, developer, general contractor, land planner or land use attorney. The remaining three seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A"attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2) for one (1)regular member to serve a two (2)year term ending August 31, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Planning and Zoning Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment for one (1) regular member to serve on the Planning and Zoning Board for two (2)year terms ending July 31, 2016. PLANNING & ZONING EXHIBIT A LeaAnne DeRigne Educator(currently serving on the Police Advisory Board) Steve Mackey Broker-Real Estate/Business Owner Kenneth Peltzie Health Administration/Self-employed Paul Pugliese Cartographer Ana Puszkin-Chevlin Urban Planning and Development Consultant/Self-employed Jerome Sanzone Building Official (also applying to the Board of Adjustment) Kevin Warner Educator(currently serving on the Civil Service Board) Bryan Weber Attorney (also applying to the Board of Adjustment and Code Enforcement Board) PLANNING AND ZONING BOARD 4/14 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Clifford Durden,Vice Chair Educator Appt 08/17/10 Reappt08/07/12 08/31/2014 Derline Pierre-Louis Plan &Budget Appt 08/07/12 Reviewer 08/31/2014 Craig Spodak, Chair Dentistry Appt 09/07/10 Reappt 08/07/12 08/31/2015 Christopher Davey Real Estate Broker Appt 08/20/13 08/31/2014 Thuy Shutt, 2nd Vice Chair Assistant Director Reappt08/07/12 08/31/2015 Gerald Franciosa Accounting/Retired Appt 10/01/13 Law Enforcement 08/31/2015 Robin Bird Planning& Zoning Appt 04/16/14 Director Contact: Diane Miller x-7041 S/City Clerk/Board 14/Planning&Zoning \ U / W � \ Q / z w � 0 v w z z � \ � ^ o bA � \ N M O M O M M O M p M p M � •� / 00 W W W O W W W W W W / O O O O O O O O O O O O O A "� �C,� oo � •.�i �i Q' �+ ice■ ° "; = U O 0.0 1 E / V) ►` \"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/ '� w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Terry Stewart, Interim City Manager DATE: August 19, 2014 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 AMENDMENT TO THE GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY/ SAFER(ADDENDUM) BACKGROUND The City of Delray Beach was awarded a non-matching 100% reimbursable Staffing for Adequate Fire & Emergency Response (SAFER) Grant from the Department of Homeland Security (DHS) in the amount of$646,043.00. The grant was awarded for a two year period and will be used to hire and fund the salary and benefits of four Paramedic/Firefighter positions for a period of 24 months. The SAFER Grant was created to provide funding directly to the fire department and volunteer firefighter interest organizations in order to help them increase the number of trained, "front-line" firefighters available in their communities. The goal of SAFER is to enhance the local fire departments' abilities to comply with staffing, response, and operational standards established by National Fire Protection Association (NFPA) and Occupational Safety and Health Administration (OSHA). Specifically, SAFER funds assist local fire departments to increase their staffing and deployment capabilities in order to respond to emergencies whenever they may occur. As a result of the enhanced staffing, response times should be sufficiently reduced with an appropriate number of personnel assembled at the incident scene. Ultimately, a faster, safer and more efficient incident scene will be established and communities will have more adequate protection from fire—related hazards. The Fire-Rescue Department submitted a SAFER application to hire four (4) additional Firefighter/Paramedics to maintain adequate staffing. Per SAFER guidelines, there will be 100% federal funding for these four positions for a period of two years of 24 months. We received this SAFER award in April. At the time of the award, the Fire-Rescue Department contacted FEMA to see if funding would be available for additional positions, since the number of vacancies had increased to seven from when the grant was written. In an email dated August 18, 2014, FEMA advised that funding will be allocated for three additional Firefighter positions, bringing the grant award to seven. The budget matrix for the three additional positions is as follows: 3 Personnel 1st Twelve Month 2nd Twelve Month TOTAL Period - SAFER Period Personnel $148,473 $155,599 $304,072 Benefits $143,355 $149,936 $293,291 Total $291,828 $305,535 $597,363 Total City Share 0 0 0 Total Federal Share $291,828 $305,535 $597,363 Commission approved the original grant award at the Regular Meeting on May 6, 2014. We must submit an amendment request today to the existing grant to request additional funding. DISCUSSION Review and acceptance of the amendment to the SAFER Grant Award. TIMING OF THE REQUEST The Fire-Rescue Department received email notification of the increase of the initial award on August 18, 2014. Per representatives of FEMA, this amendment was must be made no later than the close of business on August 19, 2014. This item is time-sensitive it is imperative that this item be approved at the August 19, 2014 Regular Meeting. RECOMMENDATION The Fire-Rescue Department recommends authorization to submit an amendment to the existing grant. I Connor, Danielle From: Evans, Melissa T<melissa.t.evans @ferna.dhs.gov> Sent: Monday, August 18, 2014 2:01 PM To: Rodriguez, Michael (Fire); Connor, Danielle Subject: FW: Request for additional SAFER funding for EMW-2013-FH-00146 Delray Beach Fire- Rescue Importance: High i Hello, 1 left you both voicemail messages. My colleague, Tina Godfrey, sent the below 8/15 email on Friday advising that Delray Beach will be able to receive an increase in the grant award for the awarded 2013 SAFER grant. T wanted to confirm you received the below email and also if possible if you can submit the amendment today. If you are not able to,that is fine,but please make sure you submit the amendment request as early as possible tomorrow. Please keep me posted on when you submit the amendment request online and please let me know if you have any questions. Thank you, Melissa Melissa Harrington U.S Department of Homeland Security/FEMA Fire Program Specialist Assistance to Firefighters Grant Program j Grant Programs Directorate 800 K St.NW Techworld Building, Room 5057-2 South Tower Washington, DC 20472 - 3620 elissa.T.l vaiisrfenia.dhs.�yov 202.786-9951 office Delp Desk 1866 274-0960 w .vofen�a. go�ft�egrants From: Godfrey, Tina Sent: Friday, August 15, 2014 3:22 PM To: RodriaueMOam d�yheach.corn Cc: Evans, Melissa T; Godfrey,Tina Subject: RE: Request for additional SAFER funding for EMW-2013-FH-00146 Delray Beach Fire-Rescue Importance: High Hi Michael: i i I have good news;we have funds remaining and will be able to fulfill your request for additional funding, In order to receive the additional funds, you will need to submit an amendment request ASAP (no later than COB Tuesday, August 19). To submit the amendment,when you log into the FY 2013 SAFER grant, on the left hand side you will see a link for Grant Amendments; click the link and then select Create New Request. In the request you will need to provide the justification as to why you need the additional grants funds and the amount needed; if the salary and benefits for the 3 additional positions differ from what you were awarded (shown below)then you will need to provide the salary and benefits information for years 1 and 2 as detailed below. J-- Compensation 2n Year 1st Yd Year Total Per Firefighter �W Attrition 4 Base Salary 49491 51867 101358 _ .. 646044 view Details Benefits y 29372 30781 60153 Totals 78863 82648 161511 If you have any questions, please do not hesitate to contact me. Thank you, Tina �rza,Co�-ey Fire Program Specialist Assistance to Firefighters Grant Program DHS/FEMA 800 K Street, NW Washington, DC 20472 -3620 (202) 786.9785 - voice (202) 786.9938 - fax DISCLAIMER This communication, along with any attachments, is covered by Federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution,use or copying of this message is strictly prohibited, if you have received this in error, please reply immediately to the sender and delete this message.Thank you. . ............. ....... From: Rodriguez, Michael (Fire) [rnailto:Rodri ueI delra beachacorr� Sent: Tuesday,April 22, 2014 11:58 AM To: Evans, Melissa T Cc: Connor, Danielle Subject: Request for additional SAFER funding Dear Melissa Harrington, 2 I would like to start off by expressing our gratitude and excitement for being awarded the SAFER grant funding. Chief Connor has asked me to forward you the attached letter of request for additional SAFER grant funding to assist Delray Beach Fire Rescue in the hiring of 3 additional positions that have been vacated since after the application deadline. Please feel free to reach out to me if you have any questions, concerns, or feedback regarding this request. Thank you again, Division Chief/Fire Marshal Delray Beach Fire Rescue rodri uem rn delra beach.coni 561-243-7420 office 561-779-4106 cell PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: August 8, 2014 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 ORDINANCE NO.22-14(SECOND READING/SECOND PUBLIC HEARING) BACKGROUND On August 5, 2014, the City Commission approved Ordinance No. 22-14 on first reading. DISCUSSION This ordinance is before Commission for second reading and second public hearing to consider an amendment to the Land Development Regulations (LDR) of the City of Delray Beach, establishing a temporary building moratorium on facilities offering the retail sale or transfer of dogs and/or cats as further defined herein for a period of six (6) months from the date of adoption of this ordinance; providing for geographic area covered;providing for the duration of moratorium. RECOMMENDATION Recommend approval of Ordinance No. 22-14 on second and final reading. ORDINANCE NO. 22-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON FACILITIES OFFERING THE RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE, A GENERAL,REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the City of Delray Beach desires to prohibit substandard breeding facilities that mass-produce dogs and cats for sale to the public, many of which are sold at certain retail sales facilities; and WHEREAS, the City needs a period of time in which City staff may review studies regarding substandard breeding facilities for dogs and cats in order to draft appropriate and responsible regulations regarding same; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(3)(c). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. "Retail Sales Facilities for Dogs and Cats" shall mean any retail establishment that is open to the public that sells, transfers, or offers for sale or transfer, dogs and/or cats, including puppies and kittens, regardless of the age of the dog or cat. Section 2. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE OF PERMITS FOR RETAIL SALES FACILITIES FOR DOGS AND CATS. All activities relating to the acceptance, review, and action upon permit applications for Retail Sales Facilities for Dogs and Cats that offer for sale or transfer dogs and/or cats as defined herein are tempo raril,T�pended in order for the City of Delray Beach, through its officials and staff, to have adeduate time and opportunity to determine the adeduac,T�pplication criteria standards, and other approval processes related to the issuance of said permits within the City of Delray Beach. Based upon the foregoing, there is hereby imposed a temporary moratorium on the acceptance, review, and action upon permit applications for Retail Sales Facilities for Dogs and Cats. During the time the temporary moratorium is in effect, the City will accept no applications for permits for the operation of Retail Sales Facilities for Dogs and Cats. Section 3. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this ordinance shall be effective in the corporate municipal boundaries of the City of Delray Beach. Section 4. DURATION OF MORATORIUM/EXTENSION. a. The temporary moratorium set forth in this ordinance shall take effect immediately upon the effective date of this ordinance and shall terminate six O months after the said effective date. The City will accept no applications which are subject to the moratorium until the moratorium has expired. b. The City Commission may extend the moratorium established in this ordinance b enactment of an ordinance one (1) time for a period not to exceed ninet� (90) da):s upon a finding by the City Commission set forth in the ordinance that the problems giving rise to the need for the temporary moratorium established herein continue to exist. Section 5. PENALTIES. Any individual, entity, or agent, who shall violate and provision of this ordinance or who fails to comply therewith, or any of the requirements thereof. shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period of time not to exceed sixt� (60) days. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2014. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. 22-14 Coversheet Page 1 of 1 • MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 17, 2014 SUBJECT: AGENDA ITEM IO.B.-REGULAR COMMISSION MEETING OF AUGUST 5, 2014 ORDINANCE NO.22-14(FIRST READING/FIRST PUBLIC HEARING) BACKGROUND The attached Ordinance No. 22-14 establishes a temporary building moratorium on certain pet stores which offer for sale or transfer dogs or cats. The moratorium will be for a period of six (6)months from the date of adoption of this ordinance in order to give City staff a period of time in which to review studies regarding substandard breeding facilities in order to draft appropriate and responsible regulations regarding same. This moratorium is limited to retail shops offering for sale dogs and cats and will not affect retail shops that offer for sale pet accessories and supplies, grooming services, fish, and other products and services not connected with the sale of dogs and cats. LEGAL DEPARTMENT REVIEW This item complies with all applicable rules and laws. DISCUSSION The item before the Commission is a request for approval of Ordinance No. 22-14 establishing a temporary building moratorium on pet stores for six (6)months. RECOMMENDATION The City Attorney's Office recommends City Commission approval of Ordinance No. 22-14. http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemlD=8191&MeetinglD=520 8/8/2014 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: August 11, 2014 SUBJECT: AGENDA ITEM 10.C.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RESOLUTION NO.34-14/CONTRACT FOR SALE AND PURCHASE: 513 S.W. 15TH AVENUE BACKGROUND RESOLUTION NO. 34-14/CONTRACT FOR SALE AND PURCHASE: 513 S.W. 151H AVENUE: Consider approval of Resolution No. 34-14; a contract for sale and purchase between the City of Delray Beach and the Delray Beach Community Land Trust in the amount of Ten Dollars and 00/100 cents ($10.00) for affordable housing purposes for the property located at 513 S.W. 15th Avenue. (STAFF HAS REQUESTED THIS ITEM BE POSTPONED UNTIL A DATE CERTAIN OF SEPTEMBER 4, 2014 CITY COMMISSION MEETING) w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: August 11, 2014 SUBJECT: AGENDA ITEM 10.D.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RESOLUTION NO.36-14/CONTRACT FOR SALE AND PURCHASE:232 N.W.8TH AVENUE BACKGROUND RESOLUTION NO. 36-14/CONTRACT FOR SALE AND PURCHASE: 232 N.W. 81H AVENUE: Consider approval of Resolution No. 36-14; a contract for sale and purchase between the City of Delray Beach and the Delray Beach Community Land Trust in the amount of Ten Dollars and00/100 cents ($10.00) for affordable housing purposes for the property located at 232 N.W. 8th Avenue. (STAFF HAS REQUESTED THIS ITEM BE POSTPONED UNTIL A DATE CERTAIN OF SEPTEMBER 4, 2014 CITY COMMISSION MEETING)