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10-07-14 Regular Meeting City of Delray Beach • Regular Commission Meeting Tuesday, October 7, 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. AulZust 19, 2014 —Regular Meeting 5. PRESENTATIONS: A. Palm Beach County ports Destination Presentation—Margie Walden 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. FINAL SUBDIVISION PLAT APPROVAL/DELRAY HONDA: Approve a final plat for Delray Honda located on the west side of South Federal Highway, north of Lamat Avenue. B. FINAL SUBDIVISION PLAT APPROVAL/WINDSOR DEVELOPMENT PLAT: Approve a final plat for townhouse development project being platted as Windsor Development located at 141 Venetian Drive. C. REQUEST RETROACTIVE APPROVAL OF FY 2014 PURCHASES FROM OFFICE DEPOT: Request retroactive approval in the amount of$96,028.23 and an increase in an amount not to exceed $100,000.00 to Office Depot for office supplies purchased by various departments in the City during FY 13/14. This is in compliance with Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceedinjj $25,000.00 in Any Fiscal Year." Fundinji was provided by multiple departments. D. CHANGE ORDER NO. 3/SEALAND CONTRACTORS CORPORATION: Approve Change Order No. 3 in the amount of $111,592.56 to Sealand Contractors Corporation for a nine (9) day extension of time; and additional work for the Federal Hillhway Beautification Project (Bid No. 2012-21). This is in compliance with Code of Ordinances, Chapter 36, Section 36.06(A)(1), "City Commission Approved Contracts, Beyond The Scope of Work", and Section 36.06(A)(3), "City Commission Approved Contracts, Extension of Completion Dates". Funding is to be paid out of the Contract's Undefined General Allowance. E. WORKFORCE HOUSING COVENANT/CITY OF DELRAY BEACH AND MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC./UPTOWN DELRAY: Approve a Workforce Housing Covenant, as proposed between the City of Delray Beach and Monogram Residential Delray II Project Owner, LLC., for Uptown Delray F. HOLD HARMLESS AGREEMENT/3933 LONE PINE ROAD: Approve a Hold Harmless Agreement with Mr. and Mrs. Jeremy Office to construct a tennis court in the City's Utility Easement for the property located at 3933 Lone Pine Road. G. RATIFICATION OF AN EMERGENCY EXPENDITURE/REQUEST TO INCREASE THE SPENDING LIMIT FOR FY 2013-2014 AND FY 2014-2015/ ATLANTIC REFRIGERATION: Approve a request to ratify an emergency expenditure in the amount of$51,870.00; and increase the funding limit with Atlantic Refrigeration (Bid No. 2010-10) in the annual amount not to exceed $200,000.00 for FY 13/14 and FY 14/15; subject to appropriate funds. This is in compliance with Code of Ordinances, Chapter 36, Section 36.03(B), Multiple Acquisitions from a Vendor Exceeding $25,000.00 in any Fiscal Year". Funding is available from multiple departments. H. FY 2015 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf Course. I. FY 2015 TENNIS RATES/TENNIS FACILITIES: Approve the proposed maximum rates for the Tennis Facilities. J. FY 2015 GOLF RATES/ LAKEVIEW GOLF COURSE: Approve the proposed maximum rates for the Lakeview Golf Course. K. LANDSCAPE MAINTENANCE AGREEMENT/SEAGATE YACHT CLUB, LLC.: Approve a Landscape Maintenance Agreement between the City and Seagate Yacht Club, LLC., to install landscaping material for perpetuity within the right-of-way of MacFarlane Drive. L. LANDSCAPE MAINTENANCE AGREEMENT/MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC./UPTOWN DELRAY: Approve a Landscape Maintenance Agreement between the City and Monogram Residential Delray II Project Owner, LLC. to install landscaping material for perpetuity within the right-of-way of S.E. 2"—d Street, S.E. 4th Avenue and S.E. 51-h Avenue. M.HOUSING REHABILITATION/GRANT AWARD: Award one (1) Housing Rehabilitation Grant through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, Abisset Corporation, LLC., in the amount of $33,374.29 under Bid #08-2014NS for 1034 S.W. 7th Avenue. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02,(A)(1), "Methods of Acquisition: Sealed Competitive Method". Funding is available from 118-1924- 554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). N. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/CONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment No. 1 to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) to modify Exhibit "A" to reflect the actual amount of fundinjj provided by the CRA for the projects at the end of FY 2013/14. 0. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/CONSTRUCTION OF PINEAPPLE GROVE NORTH ENTRANCE FEATURE: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to fund and manage the construction of the improvements to be installed on the property to create the Pineapple Grove North Entrance Feature. P. CRIMINAL JUSTICE USER AGREEMENTS/FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE): Approve three (3) Criminal Justice User Agreements between the City of Delray Beach and Florida Department of Law Enforcement (FDLE) regarding Criminal Justice Information Services (CJIS) systems for the Police Department. Q. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: AUTO THEFT TASK FORCE: Approve a Memorandum of Understanding between the City and Palm Beach County Law Enforcement Agencies to empower participating law enforcement agencies to jointly investigate, apprehend and arrest individuals in an effort to jointly address auto theft activity and provide law enforcement services within, between and through unincorporated Palm Beach County and the municipalities included in the agreement. R. MUTUAL AID AGREEMENT/MULTI-AGENCY BURGLARY APPREHENSION TASK FORCE: Approve a Mutual Aid Agreement between the City of Delray Beach and multiple agencies throughout Broward County and Palm Beach Count implement a task force to combat and apprehend inter-jurisdictional burglary offenses and activity. S. REIMBURSEMENT TO FLORIDA EAST COAST (FEC) RAILROAD/S.E. 10TH STREET: Approve a reimbursement to Florida East Coast (FEC) Railroad in the amount of $62,824.09 for the reconstruction and maintenance of a railroad crossing located at S.E. 10th Street (Project No. 14-092). This is in compliance with Code of Ordinances, Chapter 36, Section 36.03(A), "Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or Greater". Funding is available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). T. PROCLAMATIONS: 1. Florida City Government Week—October 19-25, 2014 2.. Recognizing the 60th Anniversary of Miyazu's incorporation as a city 3. Recognizing Cool Clothes Closet U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 8, 2014 throullh September 26, 2014. V. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of$30,000.00 to Imperial Electrical, Inc. (Bid No. 2014- 27) for the annual electrical lighting for various municipal recreational facilities. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02, "Methods of Acquisitions". Funding is available from multiple accounts. 2. Multiple awards to listed vendors for the purchase of Chemicals and Fertilizers through the Co-Op annual contract Bid No. 2014-33 on an "as needed basis" at an annual expenditure of $230,000.00 for FY 14/15. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from multiple accounts. 9. REGULAR AGENDA: A. WAIVER REQUEST/DEPOT SQUARE APARTMENTS: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.7(J)(2), "Off Premise Signs", for the Depot Square Apartments located at the southwest corner of Lake Ida Road and Depot Avenue. (Quasi-Judicial Hearing) B. WAIVER REQUESTS/MINDFUL MANAGEMENT: Consider approval of a request for waiver to Land Development Regulations (LDR) Section 4.6.9(D)(3)(b), "Driveway Width", and Land Development Regulations (LDR) Section 4.4.13(F)(4)(f)(1), "Paving Materials", for Mindful Management located at 280 and 290 Pineapple Grove Way. (Quasi-Judicial Hearin C. REQUEST FOR A SIDEWALK DEFERRAL/1230 SEASPRAY AVENUE: Consider an agreement to defer installing a sidewalk for the Hutchinson Residence located at 1230 Seaspray Avenue within the Seagate Overlay District to allow future construction of a sidewalk along the south side of Seaspray Avenue. D. UTILIZATION OF OTHER GOVERNMENTAL ENTITIES' CONTRACTS FOR SOD, SPRIGS AND GROUND PREPARATION/ODUM'S SOD: Consider a request to approve the retroactive amount of $31,128.75 to Odum's Sod (via Palm Beach County School District Contract No. 12C-46K); also request approval to expend an amount not to exceed $40,000.00 in FY 2014 purchases from Odum's Sod for turf and turf related purchases. This is in compliance with Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Methods of Acquisition — Utilization of Other Governmental Entities' Contracts". Funding is available from multiple accounts. E. RESOLUTION NO. 53-14: REQUEST RETROACTIVE APPROVAL OF EXPENDITURES/CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC.: Consider approval of Resolution No. 53-14; approvinll the purchase of concrete materials from Cemex Construction Materials Florida, LLC; declaring by a four- fifths affirmative vote that the City's sealed competitive method for the purchase is not in the best interest of the Ci ; request retroactive approval of expenditures in the amount of $27,675.97 for concrete and other materials used in the construction and repairs of sidewalks, curbs and driveways in FY 13/14. Funding is available from 001- 3113-541-53.90 (General Fund: Road Materials & Supplies/Other Road Materials). F. PURCHASE AWARD/MACMILLAN OIL COMPANY: Consider approval of a purchase award to Macmillan Oil Company in an annual amount not to exceed $1,500,000.00 for the purchase of bulk fuel for City of Delray Beach vehicles and equipment utilizing State Contract #405-000-10-1; subject to the appropriation of funds. 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 (Garage Fund: Operating Supplies/C G Inventor G. PROPOSED CHANGES TO THE RULES OF PROCEDURES FOR THE CITY COMMISSION: Consider approval of proposed changes to the Commission Rules of Procedure which clarifies the existing rules of procedure that any Commissioner may defer a nomination for an appointment of advisory board members for up to two (2) consecutive Regular Meetings. H. PROPOSED OFFER OF SETTLEMENT/PAMELA HUBBELL VS. CITY OF DELRAY BEACH: Consider a Proposed Offer of Settlement in the total amount of $130,000.00 in Pamela Hubbell vs. City of Delray Beach. Staff recommends denial. I. RESOLUTION NO. 55-14: TERMINATION OF CONTRACT/REPUBLIC PARKING SYSTEM AND AWARD OF CONTRACT TO AMERISTAR PARKING SOLUTIONS: Consider approval of Resolution No. 55-14; declaring by a four-fifths affirmative vote that Republic Parking System's continued management of the Old School Square and Federspiel Parking Garages is not in the best interest of the city and further resolving the continuation of service is in the best interest of the city declaring by a four-fifths affirmative vote to enter into a management agreement with Ameristar Parking Solutions, the second ranked respondent to RFP 2014-25. Funding is available from 001-3151-545-34.90 (General Fund: Other Contractual Services). J. NOMINATION OF APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Nomination for appointment of one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2016. Based on the rotation system, the nomination for the appointment will be made by Commissioner Jacguet Seat #2). K. NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT: Nomination for appointment of one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2015. Based on the rotation system, the nomination for appointment will be made by Commissioner Frankel (Seat#3). L. NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD: Nomination for appointment of one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2015. Based on the rotation system, the nomination for appointment will be made by Commissioner Frankel (Seat#3). M. NOMINATIONS FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Nominations for appointment of two (2) alternate members to serve unexpired terms ending July 31, 2015 to the Green Implementation Advancement Board. Based on the rotation system, the nominations for appointment will be made by Commissioner Frankel (Seat #3) and Commissioner Jarjura (Seat #4). N. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD: Nomination for appointment of one (1) student member to serve an unexpired term ending July 31, 2015 to the Education Board. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4). O. RESOLUTION NO. 54-14/ESTABLISHING ZONING IN PROGRESS AS OF OCTOBER 7, 2014 WITH RESPECT TO ADOPTION OF NEW LAND DEVELOPMENT REGULATIONS FOR THE CENTRAL BUSINESS DISTRICT AREAS: Consider approval of Resolution No. 54-14; recognizing that the Cites Delray Beach is considering amendments to the City's Land Development Regulations (LDR) for the Central Business District (CBD) Areas; invoking the zoning in progress doctrine with respect to the (Land Development Regulations (LDR) amendments; providing that, from the date of adoption of this resolution and during the pendency of the City's consideration of the Land Development Regulations (LDR) amendments, the City will defer the processing and approval of all applications for any development or uses inconsistent with the Land Development Regulations (LDR) amendments. (ADDENDUM) 10. PUBLIC HEARINGS: A. NONE 11. FIRST READINGS: A. ORDINANCE NO. 28-14: An ordinance amending Chapter 32, "Departments, Boards and Commissions", of the City Code of Ordinances by amending Section 32.15 through Section 32.20, to provide that all future appointed City board members will now serve at the pleasure of the City Commission; specifically excluding certain City boards whose membership and removal are governed by state statute or special law. If passed, a public hearing will be held on October 21, 2014. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission AUGUST 19, 2014 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 19, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- Commissioner Alson Jacquet Also present were - Terry Stewart, Interim City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Anthony Cuseo. At this point, Mayor Glickstein recognized the Pompey Park Aquanauts and volunteers Justin Walton and Samantha Horn with Delray Ocean Rescue, Meghan Walton (on leave from the U.S. Air Force), Albert Guerrazzi, Jill Auxier, Colleen Auxier and Jon Kempton who gave of their free time to explore the natural environment and habitat of local wildlife in Lake Ida with Pompey Park Aquanauts where several children for the first time did some open water kayaking, standup paddle boarding and boating. Mayor Glickstein thanked the Town of Palm Beach United Way for providing support for this adventure. In addition, Mayor Glickstein recognized and thanked the Chamber of Commerce for their organization and support of the Education Breakfast which is appreciated by school Principals and teachers. Furthermore, Mayor Glickstein acknowledged the Chamber's Education Committee for meeting this Saturday with a group of dedicated residents and business owners focused on improving our schools which sends a very strong message to our teachers and school district officials how engaged and serious the City is about promoting higher education in Delray and supporting Delray schools. At this point, Mayor Glickstein introduced Dr. Ian Saltzman, Area Superintendent for the Palm Beach County School District. 3. The Pledge of Allegiance to the flag of the United States of America was given 4. APPROVAL OF MINUTES: None. 08/19/14 5. 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. The caption of Resolution No. 39-14 is as follows: 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. (The official copy of Resolution No. 39-14 is on file in the City Clerk's office.) Mayor Glickstein moved to approve Resolution No. 39-14, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. Donna Quinlan came forward to accept the resolution and gave a few brief comments. Lula Butler, Director of Community Improvement, came forward and gave a few brief comments. At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to Commissioner Frankel's previous concern regarding the iPic project, the Interim City Manager stated the Planning and Zoning staff met with representatives from the iPic team and the Community Redevelopment Agency (CRA) on August 14, 2014. The Interim City Manager stated there is a number of design issues with the project in particular the abandonment of the northern portion of the north/south alleyway. The Planning and Zoning staff has offered some potential solutions regarding the alleyway and other circulation issues and is expecting to hear back from the iPic team this week. The Planning and Zoning staff is also scheduling a meeting with the Interim City Manager to brief him on what is happening with the site. Secondly, with regard to a concern expressed by Deputy Vice Mayor Jarjura about Human Powered Delray (HPD) regarding increasing awareness of Delray's alleyways as essential resources in town including the need to improve and maintain them, the Interim City Manager stated HPD has a particular interest in the alleyways serving as bicycle and pedestrian pathways as well. During the tour the notion of creating 2 08/19/14 a simple package to assist neighborhoods in improving their alleyways was discussed. The package might include key contacts within the city and information on city assistance with such projects. The Interim City Manager stated staff will discuss and coordinate with Community Improvement to see what assistance is already available and how to further help neighborhoods improve their alleyways. With regard to an inquiry expressed by Mayor Glickstein about obtaining more information on moving the City's Fire dispatch to the County, the Interim City Manager stated a meeting was held on August 6, 2014 at the Palm Beach County Fire- Rescue (PBCFR) Headquarters to discuss the potential transfer of the dispatch with the fire. The Interim City Manager stated they wanted to know if this was a preliminary fact gathering meeting or whether or not we were moving forward at this time. In his opinion, the Interim City Manager stated it is in their best interest to make this move and the taxes that everyone pays are already paying for the service. He stated when this is done in- house the service is duplicated. The Interim City Manager stated changing over to the County will not be a dollar-for-dollar savings; however, it will incur some savings and provide added benefits as far as communications is concerned. The Interim City Manager stated there are several issues that need to be further analyzed including response areas, maintaining communication capabilities with the Police Department. With regard to Commissioner Frankel's requested an update regarding establishing a designated taxi area for taxis in the downtown, the Interim City Manager stated the City has identified three locations identified in the January Workshop which will be established within 60 days. The proposed stand on East Atlantic Avenue east of the Intracoastal Waterway will be established once approval is given by FDOT. With regard to a suggestion made by Deputy Vice Mayor Jarjura about getting involved in "Spotlight on Education" again by doing a blast email which highlights the student and teacher of the month. The Interim City Manager stated Lula Butler and Janet Meeks had a meeting and staff will be getting ready to gear that up again. With regard to previous questions raised about All Aboard Florida, the Interim City Manager stated he will forward a fact sheet that he will be emailing to the Commission tomorrow morning and there is also an upcoming Workshop that those people from All Aboard Florida will be coming in providing the City with information. Lastly, the Interim City Manager stated it was a pleasure to sit down with Mayor Glickstein and Deputy Vice Mayor Jarjura in a meeting with the Village Elders who were concerned about the process for promotions within the Police Department. The Interim City Manager stated Mr. Javaro Sims has been promoted to Assistant Police Chief. The Interim City Manager stated he would like everyone to understand that Mr. Sims earned this entirely on his own initiative, ability, intelligence, and capability and he is an excellent selection. 3 08/19/14 6.B. From the Public. 6.B.1. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445, introduced new Area Superintendent Dr. Ian Saltzman. Area Superintendent Mr. Ian Saltzman stated his mentor was Yvonne Odom and noted it is a pleasure to serve the Delray Beach community. Mr. Saltzman stated that leadership makes great schools and readers make great leaders. He stated he was a principal for 15 years they were designated to be an "F" school and they went to a "B" or an "A". This is his 26th year and the best place he has ever worked has been Delray Beach. Mr. Saltzman thanked the entire City Commission. 6.B.2. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843, stated Attorney General Eric Holder is going to be giving a report to the President about the National Guard, State Police and Police Department in Ferguson, Missouri, and about the leadership in Ferguson. Mr. Blum stated a situation like this has been happening for years and the civic leaders in Ferguson have gone all wrong. Mr. Blum commented about Jerrod Miller who was killed by a Delray Beach Police Officer and Delray Beach did not have any of the problems that Ferguson is having. Mr. Blum commended the City of Delray Beach for working as a white and black community together for years and applauds the City for the effort that has been put forth in the 20 years he has lived here. 6.B.3. Pastor Chris Bolden, Pastor of the House of God Church, 329 S.W. 'rA enue, Delray Beach, FL 33445, thanked Mr. Stewart, Mayor Glickstein, Deputy Vice Mayor Jarjura, and Vice Mayor Petrolia for attending a meeting of the Village Elders; as well as members of WARC and the Northwest/Southwest Coalition to discuss the Police hiring process and he believes it was done respective of the peoples talents. Pastor Bolden stated he believes that if they continue to work together in this manner that they can help with a lot of things if they have a great partnership. Pastor Bolden invited the City Commission to come back and sit with the Village Elders and other parts of the community. 6.B.4. Dr. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33445, commented about the Planning and Zoning Board and he expressed concern over the lack of gender and ethnic diversity that is being reflected in the composition of this board (this is not to impugn the integrity nor the character of present members of the Planning and Zoning Board). Dr. Smith urged the City Commission to be cognizant of the city boards' diversity considering the vast population of the make-up of our city. Dr. Smith stated he feels there are many women and ethnic minorities in the community who would be willing to serve if they were given the encouragement and the opportunity to serve. He stated it seems feasible that the composition of city boards in general, specifically the Planning and Zoning Board, should be composed of individuals who mirror the make-up of our city. Dr. Smith urged the City Commission to consider developing a plan designed to ensure both gender and ethnic diversity within all city boards. 4 08/19/14 6.B.5. Brian Rosen, 106 N.E. 16th Street, Delray Beach, FL 33444, speaking on behalf of the Executive Board Member on the Arts Garage; also on Pineapple Arts District and the Parking Management Advisory Board, stated the Arts Garage produced a five-play season, won the Impact 100 which they received $100,000 towards educational initiatives for kids in this area, $340,000 allocated and they received $100,000, they have 35 scholarship for kids learning arts, culture, music, and theatre, serving 600 underprivileged children for these programs they produce, participating in the theatre education program where they partnered with five (5) Palm Beach County public schools providing multi-disciplinary theatre art program (1,200 students a year; 600 per semester grades 4-12) and these schools include: Tomorrow's Promise Community School, Plumosa School of the Arts, S.D. Spady Elementary School, Boynton Beach High School, and G-Star School of the Performing Arts. Mr. Rosen stated they also have a performing arts academy for children and youth and an after school program where they have over 300 participants involved and 50 of those kids are on awarded scholarships. He stated this year they have had over 100 musical concerts, over 100 theatre performances, earned over $750,000 in ticket revenues, and according to the credit card swipes over 30,000 have come to Delray Beach to see their performances and participate in their classes this year. 6.B.6. Steve Michael, 909 McCleary Street, Delray Beach, FL 33483, Vice President of the Executive Board for the Arts Garage, stated the Creative City Collaborative City WCO, stated the Arts Garage has a fundraising target and they do intend to meet it. 6.B.7. Charlotte Pelton, President of Charlotte Pelton & Associates, 4440 PGA Boulevard, Suite #600, Palm Beach Gardens, FL 33410, Consulting Firm, stated she opened her first consulting firm in 1995 and her first campaign was the Palm Beach Zoo and they were able to raise $25 million to redevelop the zoo. Ms. Pelton stated they work in three (3) areas: Planning, Marketing, and Resource Development. Ms. Pelton stated they are currently working with the Cultural Council in Lake Worth, the Morakami, develop the strategic plan for Old School Square and suggested the name change. 6.B.8. Alyona Ushe, Executive Director of the Arts Garage, 180 N.E. 1St Street, Delray Beach, FL 33444, briefly discussed the funding for the Arts Garage and explained how the funds are being spent and their expansion into Pompano. Ms. Ushe stated the organization has gone through a lot of transformation and they preposition themselves to be a cultural player in the region. She feels it is extremely important to them to build a reputation to show the entire community outside of Delray Beach how much they are doing so they can bring additional funds into the city. Ms. Ushe stated Arts Garage recently hired Ted Barken (formerly with Jazz Lincoln Center) to do their program here in Delray Beach whereas they maybe would not have been able to do had they not expanded and shared the overhead expenses with other municipalities. She stated this way the Arts Garage gets more marketing and support and they can apply for foundation dollars. She stated their organization is only 3'/z years old. Ms. Ushe stated the programming in Pompano is extremely different and the funds are completely 5 08/19/14 separate. She stated every penny they receive in support from the city goes only to programming not administrative costs for the Arts Garage and what they do here outside the Arts Garage in Delray Beach. 6.B.9. Frank McCluskey, 255 N.E. 3rd Avenue, Apt. #402 Delray Beach, FL 33444, invited the public to a meeting on Saturday at 9:00 a.m. at the Delray Beach Public Library for discussion on the Florida "Not" All Aboard. Mr. McCluskey commended the City Commission for their openness and dialogue with him. 6.B.10. Dorothy Lee, member of the C.E.R.T. (Community Emergency Response Team) for Delray Beach, a Lieutenant and board member for her neighborhood as well, stated she has put together packets for her community and made teams. Ms. Lee stated the program is remarkable and feels it should be funded. She supports making the community aware of the C.E.R.T. program and how she can help the Fire-Rescue Department and the community. 6.B.11. Joy Howell, 342 N.E. 7th Avenue, Delray Beach, FL 33483 (former Commissioner in another town and served as a volunteer for 15 years in community planning capacity), she applauds the Commission for all their hard work and feels the diversity on the City Commission is terrific and she would like to see this promoted with all the city boards and commissions. In her opinion, Ms. Howell stated it makes the jobs of the Commission so much easier when they have that diversity of viewpoint and information coming back from those people at the front end because when the recommendations come to the Commission does not have to try to decipher whether they will get community input into this. 6.B.12. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445,thanked the City Commission for attending the Education Breakfast and stated that one of the School Board candidates was present. Mr. Katz stated it was a very good event. Secondly, Mr. Katz stated the Mayor's campaign "Get to Your Seat on Time" and encouraged everyone to get their children to school on time. Mr. Katz stated on Thursday, August 21s' at 6:00 p.m. "On the Ave" event the Education Board is going to be doing musical chairs game and the kids that can get to their seat on time will win a prize. Mr. Katz stated he does not understand why the Arts Garage is being brought up again and to find out if the Arts Garage has missed any financial obligations to the City. He stated the Arts Garage is doing a great job for the community. Lastly, Mr. Katz thanked the City Commission for everything they do. 6.B.13. Ari Whiteman, 5091 Washington Road, Delray Beach, FL 33484, stated at the last City Commission meeting Dr. Victor Kirson commented about giving up 6 08/19/14 the tennis center and selling it for a profit. Mr. Whiteman suggested that the City start some dialogue between the DDA and CRA and see if they can start to market the tennis center and turn this into a profit rather than it being a financial drain on the city. Secondly, Mr. Whiteman suggested that rather than continue to look for a new City Manager that the City retains Mr. Stewart as a permanent City Manager. 6.11.14. Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483 (speaking on behalf of the Beach Property Owners' Board of Trustees), stated in April 2014 the City Commission received letters from the BPOA's Vice President Bob Currie and President Bob Victorin regarding CRA boundaries. Mr. Katz stated they requested that the City investigate if the eastern end of the CRA boundary can be expanded to include the public sidewalk and the public beach. Mr. Katz stated the current boundary ends on the west side of A-1-A and nearly the entire area defined for improvements in the Beach Area Master Plan is thus not covered in the CRA. Mr. Katz stated beach area is the single largest economic generator for the entire city not just the east side of town. He stated in 2012 the beach area contributed $1.7 million to the CRA budget and could rise to $2 million per year; parking collections in the beach area add another $1.2 million. Mr. Katz stated in March 2014 the new beach pavilion was inaugurated with the help of private contributions and City funds and many other improvements sought by the City residents as defined in the Beach Area Master Plan. He stated the CRA greatly benefits from these improvements and the CRA needs to be a part of this process of improving the beach area. 6.11.15. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, gave a few brief comments about the Police Department. 6.11.16. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated at the July 15, 2014 City Commission meeting Agenda Item 10.C., Amendment to the Development Agreement and Purchase and Sale Agreement/Cannery Row, LLC. and a piece of property that Cannery Row was going make into a little grass area on the corner of 2"d and 3r and this grass area is surrounded by a huge development that is right to the street and feels it would be nice to have a grass area. Ms. Morrison stated it is important to the neighborhood that they have some green space in that corner. She urged the City Commission to place this item back on an upcoming Agenda. 6.11.17. Cecilia Boone, 239 N.E. 1St Avenue, Delray Beach, FL 33444 (Banker's Row), echoed comments expressed by Ms. Morrison regarding the green space and urged the Commission to place the Cannery Row item back on the Agenda. 7. AGENDA APPROVAL. The Interim City Manager noted the addition of Item 9.C., Amendment to the Grant Award/Department of Homeland Security: Staffing for Adequate Fire and Emergency Response (SAFER)by addendum. 7 08/19/14 Also, the Interim City Manager stated staff requests to remove Item 8.N.L., Bid Award to All Phase Roofing & Construction, Inc. Mayor Glickstein stated staff requests to remove Item 10.C., Resolution 34-14/Contract for Sale and Purchase: 513 S.W. 15th Avenue, and Item M.D., Resolution No. 36-14/Contract for Sale and Purchase: 232 N.W. 8th Avenue. Vice Mayor Petrolia requested that Item 8.A., Ratification of South Central Regional Wastewater Treatment and Disposal Board Actions be moved to the Regular Agenda as Item 9.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel—Yes. Said motion passed with a 4 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.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". 8.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-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 501- 3311-591-52.52 (Garage Fund: Operating Supplies/C.G. — Outside Service). 8.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 (Garage Fund: Operating Supplies/C G Inventory Fuel). 8.E. RETROACTIVE APPROVAL OF PRIOR PURCHASES/BOCA RATON SMALL ENGINES, INC.: Approve retroactively, an expenditure limit of $30,000.00 with Boca Raton Small Engines, Inc. for the purchase of lawn equipment and 8 08/19/14 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. 8.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. The caption of Resolution No. 38-14 is as follows: 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 OF THE RESIDENTS OF LOCAL COMMUNITIES; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 38-14 is on file in the City Clerk's office.) 8.G. RESOLUTION NO. 37-14/WATER CONSERVATION HOTEL AND MOTEL PROGRAM: Approve Resolution No. 37-14; authorizing the City to partner with the South Florida Water Management District in implementing the Water Conservation Hotel and Motel Program (Water CHAMP). The caption of Resolution No. 37-14 is as follows: 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. (The official copy of Resolution No. 37-14 is on file in the City Clerk's office.) 9 08/19/14 8.11. RESOLUTION NO. 35-14/BEACH RENOURISHMENT PROJECT: Approve Resolution No. 35-14; to support the funding commitment of the Delray Beach Renouri shment Project. The caption of Resolution No. 35-14 is as follows: 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. (The official copy of Resolution No. 35-14 is on file in the City Clerk's office.) 8_I. CHANGE ORDER NO. 1 AND WAIVER TO THE HOUSING REHABILITATION GRANT AWARD /130 S.W. 5 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. 5m Avenue. This is in compliance with Code of Ordinances, Chapter 36, 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). 8_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. 8.K ANNUAL MAINTENANCE AGREEMENT/SELECTRON TECHNOLOGIES: 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 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). 8.L. PROCLAMATIONS: 1. South Atlantic Karate Association—August 22-24, 2014 10 08/19/14 8.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. 8.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). Vice Mayor Petrolia moved to approve the Consent Agenda as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.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. Vice Mayor Petrolia inquired about the salaries for the Chief of Operations and Chief of Maintenance. Mayor Glickstein stated that having served on the Compensation Committee for 1'/z years the Board is a model of efficiency and suggested that if we import many of their best practices to other organizations they would be better off. Mayor Glickstein stated those people have been somewhat underpaid for a while and reiterated that organization is extremely efficient and the compensation levels are market rate and very fair. Vice Mayor Petrolia moved to approve, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2015 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2015 Proposed Budget at this time. 11 08/19/14 Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about the tennis center and stated if the site sold for $1 the City would profit over $2 million a year for the next 16 years. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 (Chairman of S.A.F.E.), urged the Commission to not allow the CRA start the design and construction of another parking garage downtown because he feels times have changed dramatically since the Parking Management Report was prepared. He stated with growing trends will result in the need for fewer parking spaces not more and when the city starts charging for parking more people will use alternative modes of transportation. Mr. Smith stated S.A.F.E. would like to partner with the city and the CRA to work at a collaborative effort to jumpstart the successful development of North Federal Highway now. Mr. Smith urged the Commission to not build a parking lot to subsidize downtown businesses and employees but instead use those millions to make Delray a better place. Mr. Smith suggested that if the Commission does not feel comfortable with vetoing the parking garage, that they consider delaying it until the city is convinced that the parking garage is really needed. Charles Bonfield, 220 MacFarlane Drive, Delray Beach, FL 33483 (President of S.A.F.E.), stated when FDOT proposed to redo A-1-A the Plan called for sidewalks and bike lanes for the full length of A-1-A and that was opposed by several residents. Mr. Bonfield stated S.A.F.E. obtained 7,600 signatures to get sidewalks and bike lanes on A-1-A. He stated this petition was presented to the Mayor of Delray Beach at the time who indicated that Delray Beach did not honor petitions. Therefore, Mr. Bonfield stated S.A.F.E. provided copies to FDOT (District 4) in Fort Lauderdale who took the petitions to Tallahassee and Delray got sidewalks and bike lanes on A-1-A. Mr. Bonfield stated S.A.F.E. has been trying to get sidewalks and bike lanes for the rest of the city for the last 10-12 years in particular on Venetian Drive so he does not have to walk in the street. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, concurs with comments expressed regarding the parking. Secondly, Mr. Humanik inquired about how much money the tennis center is costing the city. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, stated nine (9) months ago he came before the Commission to discuss curbing on Barwick Road and as of this date nothing has been done. Mr. Katz invited Interim City Manager Terry Stewart to come out to Barwick Road at 2:00 p.m. on any weekday during the school day to see the danger that takes place on Barwick Road between Lake Ida Road (Barwick Park) towards the Sabal Lakes community where there are sidewalks 24 inches from the street with no curbs and hundreds of minority children walking home from Banyan Creek Elementary school with no parental supervision. Mr. Katz stated at the time this was previously discussed, the City Manager at the time stated there was nothing that could be 12 08/19/14 done because it was not budgeted. Mr. Katz expressed concern over the safety issues on Barwick Road and urged S.A.F.E. to also look at the west corridor from I-95 to Military Trail. There being no one else from the public who wished to address the Commission regarding the fiscal year 2015 proposed budget, the public comment was closed. 10.B. ORDINANCE NO. 22-14 (SECOND READING/SECOND PUBLIC HEARING): 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. The caption of Ordinance No. 22-14 is as follows: 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. (The official copy of Ordinance No. 22-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this will only apply to retail establishments open to the public that sell, transfer or offer for sale dogs, cats, puppies and kittens. Furthermore, the City Attorney stated the purpose of the moratorium is to refine the definitions with this evolving field of law and monitor some litigation which is occurring in South Florida and throughout the country so that whatever draft ordinance is considered by the City Commission is one that is consistent with the current state of the law. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 13 08/19/14 Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22-14, the public hearing was closed. Mr. Frankel asked if since the first reading there have been any pet stores opened, inquiries or applications. In response, the Interim City Manager stated not to his knowledge. Mr. Frankel briefly spoke of the litigation with respect to this matter and he expressed concern about a potential conflict with any voting with this subject matter. He stated he will not be voting in favor of this tonight. Vice Mayor Petrolia asked if this is regarding one retailer or anyone who can start a retail business. In response, the City Attorney stated this would have no impact on the current retailer. Deputy Vice Mayor Jarjura moved to adopt Ordinance No. 22-14 on Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — No; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 1 vote, Commissioner Frankel dissenting. 10.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 10.1). THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, the time being 7:18 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9.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 nomination for appointments will be made by Commissioner Petrolia (Seat#1), Commissioner Jacquet(Seat#2) and Commissioner Frankel (Seat#3). Vice Mayor Petrolia moved to nominate Allen Kilik as a regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes; Mr. Frankel—Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel moved to nominate Dale Miller (incumbent) as a regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with passed with a 4 to 0 vote. 14 08/19/14 Due to his absence, Commissioner Jacquet's appointment has been deferred to the regular meeting of September 4, 2014. 9.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). Vice Mayor Jarjura stated Mr. Jacquet deferred this nomination from the last regular meeting. 9.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) The Interim City Manager stated the City Commission previously approved the SAFER Grant for the Fire Department in order to provide funding for four (4) entry level firefighters. The Interim City Manager stated Chief Connor informed him in speaking with FEMA she learned that some additional dollars were available and the City would be able to use the available funding for firefighters that are currently allocated in the budget with a total savings of $1.1 total for the seven (7) positions. The Interim City Manager stated these are three (3) positions that are currently vacant that are funded within the current budget and the proposed budget and this would provide funding to offset their costs by approximately $500,000. Danielle Connor, Fire Chief, stated in April when FEMA contacted them to inform them that they received the award for four (4), they requested if any additional funding was available. Chief Connor stated FEMA replied yesterday afternoon that they would provide salary, pension and benefits for three (3) additional firefighters for a period of two (2) years. Chief Connor stated FEMA will pay for a total now of seven (7) in their entirety for a period of two (2) years. The Interim City Manager stated FEMA informed Chief Connor that the window for availability for the funds closed at the close of business day today and that if they did not have an acknowledgement that the City was prepared to go forward, then the City would not be able to get it. The Interim City Manager stated he gave Chief Connor the authority to put the application in only for the opportunity to speak to the Commission this evening. If the Commission decides to not go forward with this, the Interim City Manager stated Chief Connor can inform FEMA that the City has decided to withdraw. However, the Interim City Manager stated in order to be considered staff had to make that application by 5:00 p.m. today. Chief Connor stated the total for the three (3) additional positions for the two-year period is $597,363.00 and that in conjunction 15 08/19/14 with the award that was given on May 6, 2014, puts the total valuation of this grant at a little over $1.2 million for the two (2) year period. Chief Connor briefly commented on the terms of the grant and stated if the City's financial circumstances change in the next twenty-four (24) months the City would not be obligated to continue that employment because there is no stipulation or condition attached to this grant. The Interim City Manager stated he recommends that the City Commission give staff approval to move forward on this. Deputy Vice Mayor Jarjura moved to approve the Amendment to the Staffing and Adequate Fire and Emergency Response (SAFER) Grant in the amount of $597,363.00 to hire three (3) additional firefighters/paramedics for a twenty-four (24) month period, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote. 11. FIRST READINGS: A. None. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager None. 12.B. City Attorney None. 12.C. City Commission 12.C.1. Vice Mayor Petrolia Vice Mayor Petrolia stated the breakfast for the School Principals was fantastic and it was very enjoyable. 12.C.2. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura stated she met with the City's Economic Development Director and Assistant City Manager today on a Comprehensive Local Small Business Program which will also include revisions to the City's procurement code and RFPs to have a local requirement. Deputy Vice Mayor Jarjura stated the Assistant City Manager has indicated that staff s goal is to place this on the Workshop Agenda. 16 08/19/14 Secondly, Deputy Vice Mayor Jarjura stated she spoke to the City Attorney yesterday in regards to what was raised at the last meeting about the drug Kratom and asked prohibiting uses in certain residential areas that the City does not feel is keeping with the character and feel of Delray Beach. Deputy Vice Mayor Jarjura extended kudos to the Delray Beach Chamber of Commerce for the Education Breakfast. She stated it was very nice and very well attended. With regard to comments expressed by Deputy Vice Mayor Jarjura about the initiative on a Comprehensive Local Small Business Program, Mayor Glickstein stated there is a piece of that is important in keeping it local. Mayor Glickstein stated it is a huge economic driver when promoting local businesses that money stays in the local economy. 12.C.3. Mr. Frankel Mr. Frankel thanked Dr. Craig Spodak for serving as the Planning and Zoning Chair as last night was his last meeting. Secondly, Mr. Frankel commented about the Election on Tuesday, August 26, 2014 with several issues and a referendum for Delray Beach. Mr. Frankel expressed his disappointment that there were no early voting sites in the City of Delray Beach. Mr. Frankel stated Uber is operating in the city and is up and running in Palm Beach County. He commented about Uber drivers being present in Delray's downtown and asked whether or not the City is entitled to any revenue from this. Mr. Frankel stated one of the sessions he attended at the League of Cities meeting was regarding homelessness and how other cities are dealing with it. He stated a lot of cities are partnering with United Way in helping and assisting some people in this area. Mr. Frankel stated this may be something that the city may want to explore. Mr. Frankel stated Dr. Smith and Mr. Whiteman commented about the tennis center and he noted that a group would like to rent out the tennis center second week of January. Mr. Frankel stated they had a meeting with Sharon Painter to tour the facility and hopefully the city will be able to get it done. For clarification, Mr. Frankel stated he keeps hearing comments it is not money spent on the tennis center; there are two (2) issues; tennis stadium and tennis tournament. Mr. Frankel stated he would like staff to identify the number of hotel stays, the number of dollars spent in the city, and the national and international television exposure any other event gives to our city. Lastly, Mr. Frankel stated he would like to apprise the public about what is going on in the Waggs to Riches Puppy Store case and commented that the City may be named as the defendant in a lawsuit for a Facebook post. In his opinion, Mr. Frankel stated in the interest of transparency this is a matter of public discussion and he suggested 17 08/19/14 that a formal vote be taken by the City Commission at a future meeting about how they would like to proceed. 12.C.4. Mayor Glickstein Mayor Glickstein stated with regard to Board composition, the City is looking at several issues relative to board nominations, the process, composition, gender, and ethnic diversity. Mayor Glickstein stated he understands that the City cannot force that composition, but it should be part of the criteria to be considered. Secondly, Mayor Glickstein commented about a letter received in April 2014 about the CRA boundaries. He stated it is relevant to address the funding source of not only implementing the Beach Master Plan but many other beach related expenses that when they come they are significant (i.e. $10 million Beach Renourishment Project). Mayor Glickstein stated whether the CRA increases or shrinks is a discussion of any entity and he feels the time is now for that conversation with the CRA. Mayor Glickstein stated he asked the City Attorney to draft an ordinance that would ban kratom in the city and provided him with a template ordinance that was passed in Sarasota County that banned kratom as well as other synthetic drugs designed that are not controlled substances so they are readily available. Mayor Glickstein stated he would like Delray Beach to take the lead on this. It was the consensus of the City Commission to direct the City Attorney to expedite an ordinance to ban kratom with the City of Delray Beach. Lastly, Mayor Glickstein commented about Economic Development and stated in the City's current budget cycle is the City's commitment to the library which he fully supports. He stated the Delray Beach Public Library today has on average 1,700 people utilizing it (i.e. every demographic and age group). Mayor Glickstein stated even if the funding level stays the same which is significant, the resources of the library will diminish. Mayor Glickstein commented regarding how to utilize that parking lot for a sister facility to the library that is really designed for entrepreneurship and a place to put some of the great programs that we have in this town. Mayor Glickstein stated Delray Beach has Carver Middle School with a Robotics Team, Atlantic High School that has a World Championship Robotics Team that essentially ran FAU's Robotic Summer Camp with the attraction of local engineers and entrepreneurs. He stated the leader of the Atlantic High School Robotics Team will be attending Stanford on a full academic scholarship. Mayor Glickstein stated it would be interesting to initiate a community dialogue on how to build a facility over that parking lot that could tie into the Delray Beach Library which is in the perfect place in the community to house state-of-the-art academic programs as well as business accelerators and incubation areas. He stated across the country the most progressive cities are retrofitting spaces for these business incubation areas. Mayor Glickstein stated there are incredibly clever ideas on what cities are doing with this space to promote entrepreneurism but also to bring the kids back to their cities that are going off to college in other places. Mayor Glickstein stated there are local entrepreneurs that live in other cities that come to work in Delray Beach that want 18 08/19/14 this kind of space; they should not be in coffee shops but they should be in something where the City can link it up with the library so that they have a way to promote themselves in a much different format than they are today. There being no further business, Mayor Glickstein declared the meeting adjourned at 7:40 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 19, 2014, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 19 08/19/14 w MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: September 28, 2014 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF OCTOBER 7,2014 PALM BEACH COUNTY SPORTS DESTINATION PRESENTATION L O � _0� Co � O i A Vi U •p O r. # C: O N O N 00 C: m t xo /} Q r-I cn m •C: }; +-' m E = i O bn cn tr) C: 0L vi i cc E O m txo 0 0 L O •� N oo � O i l-I >; ai O � N N CV r-I , ai c6 M � Qca U J � ca N O 4-J a) ca U ego ca ) ca > O � m � � N 0L i � O J C 0�0 0 u — O a) — v m > u O r-iE E � �, � ai N ca O u .4-J m co m >. ca fa — �• O m Q 4- z U 4- Q) GJ O m Q Q 0 Q Q O cn .AO p p cn 4J c~i� ° c~i� ° p > ' N W U 'r p ._ p tn- p a) p U u w wt clot ca Ln E fu O in -0 z �, � U N m 4-J C: (2) oN r1r) b.0 ca U L-n c Y) ON cv a� O Ln 4-0 °° > z Ln 0 o o O �, u z o � o o N z N _0 _ .� Cf J N N W Ln N LL \ cn i N � Ln Lu U •C _ LF A ' Y 1 �� 00 x 4-J r14 Q 4-J >- N '. z a U U U N � o •� O o I�--I 0 o U 4-J O N L ate--+ (/') Q •U E O < 4-J z CO_ = (/) 4-J(3) U C •U U 2 C6 EF � •ClA N � O f6 — rl Ov •0- ON 0 u L N N t�A O r-4 4-J r-I O m O u cn N 00 O •� i E E > F- u E ca — ._ }' >. � c/1 - co — m U � ca � t�A N O c m 0 E N c: cNn c% O� O U 0 � O 0N N� A `N v � Q f6 U a--+ 0 r-I Q L _ Z ch _ rq ca � 4-J � � O b-0 V C6 � Q O ca N cn N i N � _ Q a � O � N a.:+ E C m i '- z O u ;� Q Q � m � c/1 m o m N v a U m o } E m }' U i O N U w =Ln CO ate--+ m O i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: September 12, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 FINAL SUBDIVISION PLAT APPROVAL/DELRAY HONDA BACKGROUND The item before the Board is that of approval of a final plat for an auto dealership redevelopment/expansion project being platted as Delray Honda. The subject property is located on the west side of South Federal Highway, north of Lamat Avenue. The subject property is an aggregation of four parcels of land totaling of 10.45 acres. It is zoned AC (Automotive Commercial) with a GC (General Commercial) Future Land Use Map (FLUM) designation. At its meeting of September 3, 2013, the City Commission approved Resolution 35-13 abandoning the portions of the road rights-of-way for Avenue "F" (aka Fladell Way) and Avenue "G" (aka Transportation Lane) located between South Federal Highway and Old Dixie Highway. The purpose of the abandonment was to accommodate redevelopment of the adjacent properties for the Honda dealership. Since the dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights-of-way. At its meeting of December 11, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct a new two-story full-service Honda Dealership with an automobile showroom, administrative and sales offices, automobile service, repair and parts facilities, car wash, customer parking, and display parking. FINANCIAL DEPARTMENT REVIEW DISCUSSION The subdivision is a replat of a portion of Block 14 and the abandoned road rights-of-way for Avenue F and Avenue G, Del-Raton Park, Plat Book 14, Pages 9 and 10 of the public records of Palm Beach County, Florida; A portion of the plat of Aiden, Plat Book 29 Page 211 of the public records of Palm Beach County, Florida; and Lot I of Morse-Lamat Plat Book 112, Page 139 of the public records of Palm Beach County, Florida. The replat combines four (4) parcels of land into one (1) tract, Tract "A", which will contain all of the buildings and parking required for the new Honda Dealership. The plat retains an existing 13' x 26' utility easement at the northwest corner of the property and two existing General Utility Easements, a 12' General Utility Easement on the west side of the tract along Old Dixie Highway and a 10' General Utility Easement on the north side of the tract to accommodate existing overhead utilities. A new 10' x 22.62' General Utility Easement is also being provided adjacent to the west side of the tract to accommodate an existing pole and anchor. The plat includes ten foot wide drainage easements located throughout the dealership's parking areas which will accommodate the storm water management exfiltration system. There are two 12' wide water easements that cross the property from east to west and cover existing and relocated water mains that connect to existing water mains on South Federal Highway and Old Dixie Highway. An additional 12' x 85.91' water easement is located on the west side of the property to accommodate the fire service line. A 5' x 10' and a 9' x 10' water easement are provided adjacent to South Federal Highway to accommodate an existing and a relocated fire hydrant on the property. A 12' wide sewer easement crosses the property from east to west and covers a relocated sewer line that connects to an existing sewer main on South Federal Highway. A 19.46' x 22' Lift Station Easement is being dedicated on the east side of the lot to accommodate an existing lift station adjacent to South Federal Highway. A non-vehicular access line is being provided adjacent to Old Dixie Highway that will only allow vehicular access to the property from Old Dixie Highway via the 24' rear driveway connection. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations can be made. It is also noted that a complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. RECOMMENDATION Move approval of the Delray Honda plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 21, 2014 ITEM: Delray Honda Plat — a plat to accommodate a new two-story full service automotive dealership with an automobile showroom, administrative and sales offices, automobile service, repair and parts facilities, car wash, customer parking and display parking. GENERAL DATA: Applicant................... DBVT Development, LLC Agent............................ Weiner, Lynne & Thompson, P.A. z Location........................ On the west side of South Federal Highway (US1), north of Lamat Avenue Property Size................ 10.45 acres (455,275 sq. ft.) Future Land Use Map... GC (General Commercial) Current Zoning AC Automotive Commercial Adjacent Zoning..North: AC (Automotive Commercial) Q East: GC (General Commercial), SAD (Special Activities District), & AC (Automotive Commercial ) South: AC (Automotive Commercial) West: CD (Conservation District) o s Existing Land Use......... Automotive Dealership/Automotive Commercial Proposed Land Use...... Automotive Dealership `"- u"'4AT MYENUE Water Service............... Water service will be provided via - connection to the relocated water line running east-west through the - ------ property, which is connected to an 8" water main along Federal Highway _ and a 12' water main along Dixie Highway. AE N Sewer Service............... Sewer service will be provided via connection to the relocated sanitary sewer line running east-west through the property, which is connected to 3 �`"° N an 8" sanitary sewer main along ILFederal Highway. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for an auto dealership redevelopment/expansion project being platted as Delray Honda. The subject property is located on the west side of South Federal Highway, north of Lamat Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The subject property is an aggregation of four parcels of land consisting of 10.45 acres. It is zoned AC (Automotive Commercial) with a GC (General Commercial) Future Land Use Map (FLUM) designation. At its meeting of September 3, 2013, the City Commission approved Resolution 35-13 abandoning the portions of the road rights-of-way for Avenue "F" (aka Fladell Way) and Avenue "G" (aka Transportation Lane) located between South Federal Highway and Old Dixie Highway. The purpose of the abandonment was to accommodate redevelopment of the adjacent properties for the Honda dealership. Since the dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights-of-way. At its meeting of December 11, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct a new two-story full-service Honda Dealership with an automobile showroom, administrative and sales offices, automobile service, repair and parts facilities, car wash, customer parking and display parking. PLAT DESCRIPTION The subdivision is a replat of a portion of Block 14 and the abandoned road rights-of-way for Avenue F and Avenue G, Del-Raton Park, Plat Book 14, Pages 9 and 10 of the public records of Palm Beach County, Florida; A portion of plat of Aiden, Plat Book 29 Page 211 of the public records of Palm Beach County, Florida; and Lot 1 of Morse-Lamat Plat Book 112, Page 139 of the public records of Palm Beach County, Florida. The replat combines four (4) parcels of land into one (1) tract, Tract "A", which will contain all of the buildings and parking required for the new Honda Dealership. The plat retains an existing 13' x 26' utility easement at the northwest corner of the property and two existing General Utility Easements, a 12' General Utility Easement on the west side of the tract along Old Dixie Highway and a 10' General Utility Easement on the north side of the tract to accommodate existing overhead utilities. A new 10' x 22.62' General Utility Easement is also being provided adjacent to the west side of the tract to accommodate an existing pole and anchor. The plat includes ten foot wide drainage easements located throughout the dealership's parking areas which will accommodate the storm water management exfiltration system. There are two 12' wide water easements that cross the property from east to west and cover existing and relocated water mains that connect to existing water mains in South Federal Highway and Old Dixie Highway. An additional 12' x 85.91' water easement is located on the west side of the property to accommodate the fire service line. A 5' x 10' and a 9' x 10' water easement are P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 2 provided adjacent to South Federal Highway to accommodate an existing and a relocated fire hydrant on the property. A 12' wide sewer easement crosses the property from east to west and covers a relocated sewer line that connects to an existing sewer main in South Federal Highway. A 19.46' x 22' Lift Station Easement is being dedicated on the east side of the lot to accommodate an existing lift station adjacent to South Federal Highway. A non-vehicular access line is being provided adjacent to Old Dixie Highway that will only allow vehicular access to the property from Old Dixie Highway via the 24' rear driveway connection. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a FLUM designation of General Commercial (GC) and Zoning District Map designation of Automotive Commercial (AC). The AC zoning district is consistent with the GC FLUM designation. Pursuant to LDR Section 4.4.10(B)(5), within the AC zoning district, full- service automobile dealerships are allowed as a permitted use and repair shops/garages are allowed as an accessory use to full service dealerships. Based on the above, it is appropriate to make a finding with respect to consistency with the Future Land Use Map (FLUM) designation. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service will be provided via connection to the relocated water line running east-west through the property, which is connected to an 8" water main along Federal Highway and a 12" water main along Dixie Highway. Sewer service will be provided via connection to the relocated sanitary sewer line running east- west through the property, which is connected to an 8" sanitary sewer main along Federal Highway. Fire protection will be provided via: 1) three existing fire hydrants located on the east side of the property, adjacent to Federal Highway; 2) a new fire hydrant located on the west side of the property, adjacent to Dixie Highway; 3) a new fire hydrant located on the west side of the new building near the dumpster area; and 4) interior fire suppression service connected at the northwest corner of the new building. P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 3 Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The engineering plans indicate that drainage will be accommodated on-site via exfiltration trenches running throughout the parking areas. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The proposed Honda dealership will generate 1,337 new daily trips, 82 AM peak hour trips and 104 PM peak hour trips. The Palm Beach County Traffic Division has indicated that the development proposal meets the Traffic Performance Standards of Palm Beach County, Parks and Recreation Facilities: The park dedication requirements do not apply to non- residential uses. The development will not have any impact with respect to this standard. Solid Waste: The existing 9,196 sq. ft. automobile dealership generates 42.30 tons of solid waste per year. The proposed 60,445 sq. ft. automobile dealership will generate 278.04 tons of solid waste per year. This is a net increase of 235.74 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046. Schools: School concurrency findings do not apply for non-residential uses. The proposed development will not have an impact with respect to this standard. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 4.3.4(K) (Development Standards Matrix): Open space, building setbacks and building height, pursuant to AC zoning district regulations, were addressed with approval of the site plan for the project. • LDR Section 5.1.3(A) (Plat Required): A plat is required for the project. The property will combine four parcels of land and two abandoned road rights-of-way into one development tract. • LDR Section 5.3.1(D) (Right-of-Way Dedication): Eighty feet (80') of right-of-way is required for Old Dixie Hwy, a county collector, and one hundred twenty feet (120') of right-of-way is required for US Hwy. 1, a state minor arterial. This criterion has been met by the existing rights-of-way for those roadways. P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 4 Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix"C". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Tropic Isle • Tropic Bay • Tropic Harbor • Tropic Palms • Town & Country Estate • Delray Citizen's Coalition • Pelican Harbor • Pelican Pointe Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Delray Honda, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 5 Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Delray Honda, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Aerial Map • Plat • Survey • Site Plan P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 6 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 7 F. Property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: 1. Given difficulty of the legal description, we would like a Metes & Bounds Legal Description added to dedication statement. 2. Provide center line of the right-of-way of any adjacent street with the basis of the center line clearly stated per LDR Section 2.4.3 (B) (5), not provided for Old Dixie. 3. Please coordinate location of easements on plat, civil, landscape, and composite utility plans. Existing and proposed easement location and labeling needs to be consistent on all plans. For example, plat has "GUE" and "General Utility EA", please select. 4. Provide at least a 12-foot exclusive water and 12-foot exclusive sewer easement over water and sewer mains, respectively. Sheet two indicates the water and sewer easements overlap, provide at least a total of 24-feet, 12-foot each. 5. Prior to approval of plat, submit South Florida Water Management District (SFWMD) permit or permit modification in accordance with LDR Section 2.4.6(J). If project qualifies for an "electronic self-certification" with SFWMD, provide letter from Engineer of Record stating reason. In addition, letter must also state all requirements under Florida Statues Section 403.814(12) have been meet. 6. Provide copy of FDOT correspondence addressing any required dedication along Federal Highway and label accordingly. 7. Provide copy of PBC correspondence addressing any required dedication along Old Dixie and label accordingly. 8. Indicate plans for existing 3-foot Utility Easement running east/west between Avenue F and G. 9. Provide a minimum 10-foot General Utility Easement through the property for all other utilities. This GUE is not allowed in public right-of-way. Water, sewer or drainage system(s) cannot occupy or share this GUE. 10. If required, provide Mass Transit Easement for bus shelter installation. 11. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 12. The Composite Utility Plan (or Composite Overlay Plan) needs to include all existing and proposed overhead and underground utilities; all existing and proposed light poles; all existing and proposed easements; all existing and proposed improvements to hardscape P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 9 and landscape. The Composite Utility Plan is also used to ensure physical features and existing or proposed utilities do not conflict with each other. 13. Provide Final Engineering Plans in accordance with LDR Section 2.4.5 (J)(2), Section 2.4.3 (D) and Section 2.4.3 (F) for major subdivision platting. On final engineering plans indicate all existing and proposed improvements and easements; finish floor elevations including those for adjacent properties; elevations at least 10-feet into adjacent properties, drainage calculations, and pavement widths. P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 10 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The proposed construction of a new two-story full service Honda Dealership with an automobile showroom, administrative and sales offices, automobile service, repair and parts facilities, car wash, customer parking and display parking is similar to the automobile dealership related uses currently existing on-site. Thus, the proposed improvement is deemed a compatible and appropriate use for this site. Based upon the above, no incompatibility issues exist between the proposed automobile dealership and the surrounding land uses. Thus, a positive finding can be made with regard to Future Land Use Element Objective A-1. Future Land Use Policy A-2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 4) Automobile dealerships shall be directed to the following areas: ❑ North of George Bush Boulevard, between Federal and Dixie Highways; ❑ East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; ❑ South of Linton Boulevard, between Federal and Dixie Highways; ❑ On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue, and along Wallace Drive. The subject property is located south of Linton Boulevard, between South Federal Highway (US1) and Old Dixie Highway which is within the identified area. The proposed development furthers the City's stated policy with respect to directing automobile dealerships to a particular area of the City. SOUTH FEDERAL HIGHWAY REDEVELOPMENT PLAN The South Federal Highway Redevelopment Plan creates a framework for the future redevelopment of US1 along the south corridor in Delray Beach. The Redevelopment Area includes the commercial property along both sides of South Federal Highway, between Linton Boulevard on the north and the City Limits to the south. The purpose of this plan is to guide and promote the future redevelopment of the area. The Plan, which was developed by the City of Delray Beach Planning and Zoning Department, was adopted by the City Commission on September 20, 2012. The adopted Plan supports the following applicable initiatives relative to the proposed Delray Honda development: P&Z Board Staff Report, Meeting of April 21, 2014: Delray Honda Plat Page 11 • The Plan calls for retention and expansion of the AC (Automotive Commercial) zoned properties on the west side of South Federal Highway which primarily consists of automobile dealerships and a few vacant properties and nonconforming uses. As such, the proposed Delray Honda dealership is found consistent with the South Federal Highway Redevelopment Plan and associated aspects of the Comprehensive Plan. BOLENDER S 3 2 C� = ALLAMANDA Q � Q Z J ry m ~ BANYAN DR 3 S AVE. C w CYPRESS D Q L' p z it Q o a J cn W DOTTEREL RD. DOGWOOD DRIVE 0 o� to of Q FLADELL'S WAY Q J } 0 Q Q K 2 TRANSPORTA Q TION LW. 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Coosaia WEINER, LYNNE Et THOMPSON, P.A. 10 SE 1st Avenue, Suite C I Delray Beach, Florida 33444 Tel (561) 265-2666 1 Direct (561) 900-0713 National (877) 901-2666 1 Fax (561) 272-6831 acoosaia@zonelaw.com I www.zonelaw.com Please consider the environment before printing this email. NOTICE:This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient,you must not review, retransmit,convert to hard copy,copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 561-265-2666 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message,some or all of the contents of this message or any attachments may not have been produced by the sender. From: Breto, Estelio [mailto:breto(a)mydelraybeach.com] Sent: Wednesday, September 24, 2014 11:58 AM To: Ashlee Coosaia; 'Paul' (Denale(ftsobrien.com) Subject: FW: Owner Consent to Plat Applications Good Morning Ashlee and Paul: Please read the email below from the City Attorney's Office. It appears to be self-explanatory. Thus, please go ahead and send me an email indicating that you agree with the Planning Department Staff recommendation and that you concur with placing your plat as a Consent Agenda Item. Thank you for your help. Estelio Estelio Bre to Senior Planner, M.Sc. Master of Science (Urban Sciences) Bachelor of Science in Architecture Planning &Zoning Department 100 NW 1St Avenue, Delray Beach, FL 33444 Phone 561-243-7040, bretocy.mydelraybeach.com From: Little, Dana Sent: Wednesday, September 24, 2014 11:44 AM To: Allen, Jasmin; Alvarez, Amy; Breto, Estelio; Hoggard, Ron; Jefferson, Candi; McDonnell, Mark; Miller, Diane; Pape, Scott; Smith, Danee L.; Vinci, Michael Subject: Owner Consent to Plat Applications Everyone, Janice just informed me that the City's Quasi-Judicial rules require that for a Plat approval to be on the Consent Agenda, the applicant must agree in writing to staff's recommendation. 2. General Procedures for City Commission Consent Items A. Consent Agenda Items. Applications before the City Commission for plat approval, variances, or waivers may be placed on the consent agenda, if the Applicant signs a statement that the Applicant concurs with the Staff recommendation. The current culprits are the Windsor Plat and the Delray Honda Plat(Mr. Breto) Janice said an email from the applicant/owner confirming they concur with staff's position will suffice. Thanks —let me know if there are any issues - D Dana P. Little, AICP Director,Planning and Zoning Dept. City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 P* 561-243-7041 F* 561-243-7221 E* littleCa�m, d�ybeach.com 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. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: September 12, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 FINAL SUBDIVISION PLAT APPROVALIWINDSOR TOWNHOUSE DEVELOPMENT BACKGROUND The item before the Board is the approval of a final plat for a new 4-unit townhouse development to be platted as Windsor. The subject property is located on the northeast corner of Venetian Drive and Ingraham Avenue (141 Venetian Drive). The 0.34 acre subdivision is a replat of Lot 6, Block D, John B. Reid's Village, according to the Plat thereof recorded in Plat Book 21, Page 95, being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The property contains a 4-unit apartment building that was constructed in 1951. The site is zoned RM (Multiple Family Residential — Medium Density). At its meeting of May 22, 2013, the Site Plan Review and Appearance Board approved the Class V Site Plan, Landscape Plan and Architectural Elevations for the project. As a condition of approval, a plat for the subject property is to be recorded prior to the issuance of a building permit. The proposed development consists of 4 three-story townhouse units with two-car garages fronting of Ingraham Avenue and either a spa or swimming pool in the rear yard. The replat of the subject property will include four townhouse lots. A new 10' general utility easement and a 5' sidewalk easement are being provided in the front of the lots along Ingraham Avenue. A new 10' drainage easement is also being provided along the front of the lots, as well as on the west side of Lot I and the east side of Lot 4. A 7' access easement is being provided in the rear of Lots 1, 2 and 3. The purpose of the access easement is to provide exterior access to the rear yards of Lots 2, 3 and 4 to service the pool and spas. DISCUSSION Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS On November 18, 2013, a preliminary plat and certification of a final plat for townhouse development project being platted as Windsor was reviewed by the Planning and Zoning Board and the Board recommended approval (5-0). A full analysis of the proposed preliminary plat, including the required findings, is provided in the attached Planning and Zoning Board staff report. RECOMMENDATION Move approval for the Windsor Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: November 18, 2013 AGENDA ITEM: Iv. C. ITEM: Windsor Plat - A final subdivision plat consisting of 4 townhouse lots located at the northeast corner of Ingraham Avenue and Venetian Drive (141 Venetian Drive). GENERAL DATA: A T L A N T I C A V E Applicant......................... Ingraham Development Partners, LLC Agent.............................. Paul Engle, O'Brien, Suiter and O'Brien, Inc. - Location............................... Northeast corner of Venetian o w Drive and Ingraham Avenue (141 0 Venetian Drive). MIRAMAR ® DRIVE Property Size....................... 0.34 acres Future Land Use Map......... LD (Low Density Residential) z 0 U Q � w J Current Zoning.................... RM (Medium Density Residential) Adjacent Zoning....North: RM (Medium Density Residential) co East: RM (Medium Density Residential) South: RM (Medium Density Residential) INCRAHAM 6iwmu-E West: RM (Medium Density Residential) Existing Land Use............... 4-unit apartment building Proposed Land Use............ 4-unit townhouse development Water Service...................... Available via a service lateral Z connection to an existing 8" water main w located within the Ingraham Avenue right-of-way. Fire protection is BAY proposed to be provided by an existing fire hydrant located on the northeast corner of Venetian Drive and Ingraham Avenue. LANCER WAY Sewer Service..................... Available via a service lateral connection to the existing 8" sewer main located within the Ingraham Avenue right-of-way. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new 4-unit townhouse development to be platted as Windsor. The subject property is located on the northeast corner of Venetian Drive and Ingraham Avenue (141 Venetian Drive). This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 0.34 acre subdivision is a replat of Lot 6, Block D, John B. Reid's Village, according to the Plat thereof recorded in Plat Book 21, Page 95, being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The property contains a 4-unit apartment building that was constructed in 1951. The site is zoned RM (Multiple Family Residential — Medium Density). At its meeting of May 22, 2013, the Site Plan Review and Appearance Board approved the Class V Site Plan, Landscape Plan and Architectural Elevations for the project. As a condition of approval, a plat for the subject property is to be recorded prior to the issuance of a building permit. PLAT DESCRIPTION The proposed development consists of 4 three-story townhouse units with two-car garages fronting of Ingraham Avenue and either a spa or swimming pool in the rear yard. The replat of the subject property will include four townhouse lots. A new 10' general utility easement and a 5' sidewalk easement are being provided in the front of the lots along Ingraham Avenue. A new 10' drainage easement is also being provided along the front of the lots, as well as on the west side of Lot 1 and the east side of Lot 4. A 7' access easement is being provided in the rear of Lots 1, 2 and 3. The purpose of the access easement is to provide exterior access to the rear yards of Lots 2, 3 and 4 to service the pool and spas. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of MD (Medium Density 5 to 12 du/ac), and is zoned RM (Medium Density Residential 5-12 du/ac)). Pursuant to LDR Section 4.4.6(B) (3), within the RM zoning district, multiple family structures up to 12 units per acre are allowed as a permitted use, subject to compliance with the performance standards of LDR P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 2 Section 4.4.6(1), which were addressed with site plan approval. The RM zone district is consistent with the MD Future Land Use Map designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer services will be provided via service lateral connections to the existing 8" water and sanitary sewer main along Ingraham Avenue r-o-w. Fire protection will be provided by one fire hydrant located on the northeast corner of Venetian and Ingraham Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this level of service standard. A drainage easement is being provided over the exfiltration system. This easement will be dedicated on this plat to the homeowner's association which will have maintenance obligations for the drainage system. Streets and Traffic: The applicant submitted a traffic statement indicating the trips generated for the development will be 28 total daily trips (7 trips generated per unit x 4 townhomes = 28 ADT), with (4) AM peak hour trips and (4) PM peak hour trips, which is what is currently being generated by the existing four residential units contained in the existing apartment building. These trips can be accommodated in the adjacent roadway, thus, no concerns are anticipated with traffic concurrency. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County has been provided. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Since the existing apartment building was constructed prior to February 23, 1982, no credit shall be issued and a $500 park impact fee will be required for each unit. Thus, an in-lieu fee of$2,000.00 will be required of this development. Solid Waste: The proposed 4 residential units will generate 2.08 tons of solid waste per year (4 units x 0.52 tons = 2.08 tons). Since the property contains an existing 4-unit apartment building, there will be no net increase in solid waste generated by the project. Thus a positive finding with respect to this level of service standard can be made. P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 3 School Concurrence: The proposed development is subject to the Palm Beach County School Concurrency. Concurrency approval has been granted from the School District. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project, and was included as a condition of site plan approval. The property will be divided into four townhouse lots. • LDR Section 4.3.4(K) (Development Standards Matrix): The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: Requirement Standard Provided Minimum Lot Size (overall parcel) 8,000 sq. ft. 14,868 sq. ft. Minimum Lot Width (overall parcel) 60' 100' Minimum Lot Depth (overall parcel) 100' 150' Minimum Lot Frontage (overall parcel) 60' 100' Maximum Density 12 units/acre 11.7 units/acre • LDR Section 5.3.1(Right-of-Way Dedication): Venetian Drive and Ingraham Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for Venetian Drive and Ingraham Avenue is 60'. While the existing right-of-way for Venetian Drive meets this requirement, the right-of-way for Ingraham Avenue is only 40'. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. At its meeting of April 18, 2013, the City Engineer and DSMG reviewed the existing right-of-way width and determined that the current right-of-way width of 40' would be sufficient for this section of Ingraham Avenue, provided a 5-foot wide sidewalk easement be dedicated with the plat. • LDR Section 6.3.1(Sidewalks): Pursuant to LDR Section 6.1.3(B)(1), a 5'-wide sidewalk is required along the north side of Ingraham Avenue. A 5-foot wide sidewalk easement is being dedicated with the plat. Sidewalks will be constructed in this easement and within the right-of-way for Venetian Drive with development of the project. P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 4 A complete review of the site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) of the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Beach Property Owners Association • Delray Citizen's Coalition • Seagate Towers Condo • Via Marina • Inner Circle Condo Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Windsor, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 5 Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Windsor, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Aerial • Survey • Reduced Plat • Composite Utility Plan P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 6 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: 1. Provide exclusive water and sewer easements as applicable. 2. Provide coordinates on all P.R.M. for accurate location. 3. Provide Water and Sewer Easement language to match City of Delray Beach Standard language if water and sewer easements would be dedicated. 4. Add the Director of Environmental Services to the City Approval signature block if water and sewer easements would be dedicated. 5. Prior to approval of plat, provide South Florida Water Management District (SFWMD) permit, permit modification or Letter of"No Notice" in accordance with LDR Section 2.4.6(J). 6. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 7. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 9 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple-family townhouse development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. The subject property contains a 4-unit apartment building. The property is part of a residential zoning district with a similar density. All developments adjacent to the subject property to the north, south, east and west are zoned RM (Multiple Family Residential) and consists of parcels of land with townhouse units, and single family units. In terms of intensity, there will be no further impact on the neighborhood or municipal services. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the development proposal involves the demolition of a 4-unit apartment building and construction of four townhouse units. In terms of the compatibility, the proposed redevelopment will not increase the impact on the surrounding neighborhood. The subject property is part of a residential zoning district with a similar density. All developments adjacent to the subject property are zoned RM (Multiple Family Residential) and consists of parcels of land with townhouse units, and single family units. Based upon the Palm Beach County Trip Generation Rates, the trips generated for the development will be 28 total daily trips (7 x 4 = 28). These trips can be accommodated in the adjacent roadway system. Because four existing residential units are being replaced with for new townhouse units, there are no new trips being generated. Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas. Due to the size of the proposed development (4 townhouse units), staff does not anticipate any problems with street and traffic concurrency. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County has been provided. Open Space and Recreation Element Policy A-3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the P&Z Board Staff Report, Meeting of November 18, 2013: Windsor Plat Page 10 downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. The proposed development has only 4 townhouse units. Due to the size of the lot and its configuration, it is not feasible to accommodate a larger range of recreational facilities. This item was previously discussed under Special Regulations - RM zone district. As there are only 4- units, it is not practical to require a common tot lot or recreation areas/swimming pools. Because the proposed development has fewer than 25 units it is reasonable to exempt this development from this standard. The site plan indicates that three of the four units will have spa and the fourth unit will have private swimming pool. 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So a oQ� a o6� mw�°�° i b°� �W °Qh Qawa1`1 Q o g ¢& °aQ~Q ill wwwgg r��a��� m 011 1 ooj I 0 X3079`Z 107 X.IlN OOOOL M,�szoo ..... � 000a .. __ o o a F Q z� - ----------------- oti= .000a �U I U O W Q o M�.eaoom U� W N(N.2 W s 0 Q R 88 .0000[ ' 3 �.eeaaN Ln Q Q m NJ w w Ow a s .00oa ; cn O ti� zpe a: MW Y �W J o� u� Q ou ------------------- -------J---- Q� � � I J Q I o 1 o I . ,..w ------------ ccpp Q Q .lZgz Q�S° dZ LIZ U O� �00­ ZW gg (563JYd kL:,0O61tl�d a3d:.YM�0 I}paD9) i --- - --- - ---3„G0.6Za_.00 - - 3.�.szsrb 3nGVaNeu�nG�n — I L Lu .I� From: Paul [mailto:pengle@osobrien.com] Sent: Wednesday, September 24, 2014 1:58 PM To: Breto, Estelio Subject: RE: Owner Consent to Plat Applications Re: Windsor Plat Please be advised that we agree with the Staff Report and concur to the item being placed on the consent agenda. Thank you, Paul D. Engle (Agent) From: Breto, Estelio [mailto:breto @mydelraybeach.com] Sent:Wednesday, September 24, 2014 11:58 AM To: Ashlee Vargo (acoosaia @zonelaw.com); 'Paul' (pengle @osobrien.com) Subject: FW: Owner Consent to Plat Applications Good Morning Paul: Please read the email below from the City Attorney's Office. It appears to be self-explanatory. Thus, please go ahead and send me an email indicating that you agree with the Planning Department Staff recommendation and that you concur with placing your plat as a Consent Agenda Item. Thank you for your help. Estelio Estelio Breto Senior Planner, M.Sc. Master of Science (Urban Sciences) Bachelor of Science in Architecture Planning &Zoning Department 100 NW 1St Avenue, Delray Beach, FL 33444 Phone 561-243-7040, bretoamydelraybeach.com From: Little, Dana Sent: Wednesday, September 24, 2014 11:44 AM To: Allen, 3asmin; Alvarez, Amy; Breto, Estelio; Hoggard, Ron; Jefferson, Candi; McDonnell, Mark; Miller, Diane; Pape, Scott; Smith, Danee L.; Vinci, Michael Subject: Owner Consent to Plat Applications Everyone, Janice just informed me that the City's Quasi-Judicial rules require that for a Plat approval to be on the Consent Agenda, the applicant must agree in writing to staff's recommendation. 2. General Procedures for City Commission Consent Items A. Consent Agenda Items. Applications before the City Commission for plat approval, variances, or waivers may be placed on the consent agenda, if the Applicant signs a statement that the Applicant concurs with the Staff recommendation. The current culprits are the Windsor Plat and the Delray Honda Plat(Mr. Breto) Janice said an email from the applicant/owner confirming they concur with staff's position will suffice. Thanks —let me know if there are any issues - D Dana P. Little, AICP Director,Planning and Zoning Dept. City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 P* 561-243-7041 F* 561-243-7221 E* little&m, d�ybeach.com 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. r MEMORANDUM r A.. TO: Mayor and City Commissioners FROM: Jack Warner,Chief Financial Officer THROUGH: Terry Stewart,Interim City Manager DATE: September 9,2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 REQUEST RETROACTIVE APPROVAL OF FY 2014 PURCHASES FROM OFFICE DEPOT BACKGROUND The City's Code of Ordinances, Chapter 36, Section 36.03(B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year,adopted by the Commission on November 19,2013,requires prior approval from the Commission when the total of FY purchases from any one vendor are forecasted to exceed$25,000. This item is before the Commission to approve retroactively multiple small dollar purchases in multiple categories from Office Depot made by multiple departments from time to time over the course of the year,the total cost of which is expected to total approximately$100,000 in FY 2014. Unlike many high dollar amount acquisitions, the City has several situations that involve many small dollar purchases of multiple items that occur unpredictably from time to time over the course of the year. An example is the purchase of office supplies. In FY 2014 year to date, purchases at Office Depot have totaled$96,028.23,with the following characteristics: $ Transactions Average Highest Total FY 2014 1 $96028.23 1,248 1 $76.95 1 $3,266.39 To maximize employee productivity and minimize City expense in these situations, the City uses Bank of America purchasing cards requested for employees by each department and issued and controlled by Finance. Of the 1,248 transactions this fiscal year,all but 19 were completed with credit cards. We expect total FY 2014 purchases at Office Depot to total approximately$100,000. Although Office Depot is not the only source for the items typically purchased there,their location and pricing make them an attractive alternative for unscheduled purchases by City personnel. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends retroactive approval of FY 2014 purchases from Office Depot. FUNDING SOURCE Funding is available under the approved FY 2014 operating and capital budgets. RECOMMENDATION By motion, approve retroactively to purchase up to$100,000 in FY 2014 from Office Depot. P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20131003 20131001 -30.66 96,028.23 OFFICE DEPOT INC 563442 20131004 20131002 15.30 OFFICE DEPOT INC 563442 20131004 20131002 77.48 1248 OFFICE DEPOT INC 563442 20131004 20131002 95.97 OFFICE DEPOT INC 563442 20131007 20131003 19.99 76.9457 OFFICE DEPOT INC 563442 20131007 20131003 22.89 OFFICE DEPOT INC 563442 20131007 20131003 36.35 3,266.39 OFFICE DEPOT INC 563442 20131007 20131003 50.90 OFFICE DEPOT INC 563442 20131007 20131003 88.44 OFFICE DEPOT INC 563442 20131007 20131003 109.98 OFFICE DEPOT INC 563442 20131007 20131003 112.49 OFFICE DEPOT INC 563442 20131007 20131003 122.64 OFFICE DEPOT INC 563442 20131007 20131003 524.25 OFFICE DEPOT INC 563442 20131007 20131004 2.38 OFFICE DEPOT INC 563442 20131007 20131004 3.67 OFFICE DEPOT INC 563442 20131007 20131004 5.99 OFFICE DEPOT INC 563442 20131007 20131004 9.89 OFFICE DEPOT INC 563442 20131007 20131004 -19.99 OFFICE DEPOT INC 563442 20131007 20131004 21.55 OFFICE DEPOT INC 563442 20131007 20131004 21.74 OFFICE DEPOT INC 563442 20131007 20131004 24.79 OFFICE DEPOT INC 563442 20131007 20131004 25.35 OFFICE DEPOT INC 563442 20131007 20131004 28.91 OFFICE DEPOT INC 563442 20131007 20131004 32.99 OFFICE DEPOT INC 563442 20131007 20131004 49.96 OFFICE DEPOT INC 563442 20131007 20131004 59.99 OFFICE DEPOT INC 563442 20131007 20131004 62.99 OFFICE DEPOT INC 563442 20131007 20131004 319.40 OFFICE DEPOT INC 563442 20131007 20131004 563.31 OFFICE DEPOT INC 563442 20131010 20131008 11.90 OFFICE DEPOT INC 563442 20131010 20131008 25.84 OFFICE DEPOT INC 563442 20131010 20131008 29.36 OFFICE DEPOT INC 563442 20131010 20131008 63.15 OFFICE DEPOT INC 563442 20131010 20131008 138.99 OFFICE DEPOT INC 563442 20131011 20131009 16.99 OFFICE DEPOT INC 563442 20131011 20131009 52.19 OFFICE DEPOT INC 563442 20131011 20131009 121.70 OFFICE DEPOT INC 563442 20131011 20131009 508.38 OFFICE DEPOT INC 563442 20131014 20131010 1.04 OFFICE DEPOT INC 563442 20131014 20131010 4.80 OFFICE DEPOT INC 563442 20131014 20131010 5.92 OFFICE DEPOT INC 563442 20131014 20131010 7.92 OFFICE DEPOT INC 563442 20131014 20131010 12.12 OFFICE DEPOT INC 563442 20131014 20131010 12.88 OFFICE DEPOT INC 563442 20131014 20131010 14.79 OFFICE DEPOT INC 563442 20131014 20131010 21.79 OFFICE DEPOT INC 563442 20131014 20131010 26.84 OFFICE DEPOT INC 563442 20131014 20131010 28.15 OFFICE DEPOT INC 563442 20131014 20131010 49.99 OFFICE DEPOT INC 563442 20131014 20131010 82.06 OFFICE DEPOT INC 563442 20131014 20131010 119.98 OFFICE DEPOT INC 563442 20131014 20131010 126.17 OFFICE DEPOT INC 563442 20131014 20131010 157.95 OFFICE DEPOT INC 563442 20131014 20131010 178.58 OFFICE DEPOT INC 563442 20131014 20131010 353.65 OFFICE DEPOT INC 563442 20131014 20131010 386.05 OFFICE DEPOT INC 563442 20131014 20131010 439.27 OFFICE DEPOT INC 563442 20131014 20131010 519.98 OFFICE DEPOT INC 563442 20131014 20131011 15.04 OFFICE DEPOT INC 563442 20131014 20131011 79.99 Page 1 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20131014 20131011 -99.99 OFFICE DEPOT INC 563442 20131014 20131011 122.67 OFFICE DEPOT INC 563442 20131014 20131011 208.85 OFFICE DEPOT INC 563442 20131016 20131014 10.49 OFFICE DEPOT INC 563442 20131016 20131014 21.33 OFFICE DEPOT INC 563442 20131016 20131014 32.45 OFFICE DEPOT INC 563442 20131016 20131014 41.58 OFFICE DEPOT INC 563442 20131016 20131014 71.21 OFFICE DEPOT INC 563442 20131016 20131014 77.56 OFFICE DEPOT INC 563442 20131016 20131014 89.41 OFFICE DEPOT INC 563442 20131016 20131014 93.45 OFFICE DEPOT INC 563442 20131016 20131014 97.57 OFFICE DEPOT INC 563442 20131017 20131015 22.10 OFFICE DEPOT INC 563442 20131017 20131015 28.24 OFFICE DEPOT INC 563442 20131017 20131015 224.40 OFFICE DEPOT INC 563442 20131017 20131015 259.21 OFFICE DEPOT INC 563442 20131018 20131016 -16.99 OFFICE DEPOT INC 563442 20131018 20131016 49.95 OFFICE DEPOT INC 563442 20131018 20131016 59.89 OFFICE DEPOT INC 563442 20131018 20131016 97.77 OFFICE DEPOT INC 563442 20131021 20131017 3.91 OFFICE DEPOT INC 563442 20131021 20131017 -5.02 OFFICE DEPOT INC 563442 20131021 20131017 6.47 OFFICE DEPOT INC 563442 20131021 20131017 6.63 OFFICE DEPOT INC 563442 20131021 20131017 6.89 OFFICE DEPOT INC 563442 20131021 20131017 10.68 OFFICE DEPOT INC 563442 20131021 20131017 13.29 OFFICE DEPOT INC 563442 20131021 20131017 15.49 OFFICE DEPOT INC 563442 20131021 20131017 -17.99 OFFICE DEPOT INC 563442 20131021 20131017 17.99 OFFICE DEPOT INC 563442 20131021 20131017 26.10 OFFICE DEPOT INC 563442 20131021 20131017 34.95 OFFICE DEPOT INC 563442 20131021 20131017 64.78 OFFICE DEPOT INC 563442 20131021 20131017 69.90 OFFICE DEPOT INC 563442 20131021 20131017 74.70 OFFICE DEPOT INC 563442 20131021 20131017 109.94 OFFICE DEPOT INC 563442 20131021 20131017 177.71 OFFICE DEPOT INC 563442 20131021 20131017 248.50 OFFICE DEPOT INC 563442 20131021 20131018 65.47 OFFICE DEPOT INC 563442 20131021 20131018 76.99 OFFICE DEPOT INC 563442 20131021 20131018 80.91 OFFICE DEPOT INC 563442 20131023 20131021 17.15 OFFICE DEPOT INC 563442 20131023 20131021 19.52 OFFICE DEPOT INC 563442 20131024 20131022 -1.04 OFFICE DEPOT INC 563442 20131024 20131022 5.04 OFFICE DEPOT INC 563442 20131024 20131022 -11.90 OFFICE DEPOT INC 563442 20131024 20131022 17.99 OFFICE DEPOT INC 563442 20131024 20131022 21.80 OFFICE DEPOT INC 563442 20131024 20131022 99.12 OFFICE DEPOT INC 563442 20131024 20131022 300.31 OFFICE DEPOT INC 563442 20131025 20131023 5.29 OFFICE DEPOT INC 563442 20131025 20131023 12.80 OFFICE DEPOT INC 563442 20131025 20131023 241.08 OFFICE DEPOT INC 563442 20131028 20131024 18.20 OFFICE DEPOT INC 563442 20131028 20131024 50.90 OFFICE DEPOT INC 563442 20131028 20131024 90.99 OFFICE DEPOT INC 563442 20131028 20131024 106.99 OFFICE DEPOT INC 563442 20131028 20131024 379.83 OFFICE DEPOT INC 563442 20131028 20131025 5.54 OFFICE DEPOT INC 563442 20131028 20131025 6.69 Page 2 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20131030 20131028 85.95 OFFICE DEPOT INC 563442 20131030 20131028 102.01 OFFICE DEPOT INC 563442 20131031 20131029 5.04 OFFICE DEPOT INC 563442 20131031 20131029 5.93 OFFICE DEPOT INC 563442 20131031 20131029 6.42 OFFICE DEPOT INC 563442 20131031 20131029 7.14 OFFICE DEPOT INC 563442 20131031 20131029 9.24 OFFICE DEPOT INC 563442 20131031 20131029 9.50 OFFICE DEPOT INC 563442 20131031 20131029 18.56 OFFICE DEPOT INC 563442 20131031 20131029 21.77 OFFICE DEPOT INC 563442 20131031 20131029 21.99 OFFICE DEPOT INC 563442 20131031 20131029 31.49 OFFICE DEPOT INC 563442 20131031 20131029 48.46 OFFICE DEPOT INC 563442 20131031 20131029 77.77 OFFICE DEPOT INC 563442 20131101 20131030 4.91 OFFICE DEPOT INC 563442 20131101 20131030 10.60 OFFICE DEPOT INC 563442 20131101 20131030 19.99 OFFICE DEPOT INC 563442 20131101 20131030 20.02 OFFICE DEPOT INC 563442 20131101 20131030 32.88 OFFICE DEPOT INC 563442 20131101 20131030 159.96 OFFICE DEPOT INC 563442 20131101 20131030 408.83 OFFICE DEPOT INC 563442 20131101 20131030 524.25 OFFICE DEPOT INC 563442 20131104 20131031 63.68 OFFICE DEPOT INC 563442 20131104 20131031 69.99 OFFICE DEPOT INC 563442 20131104 20131031 96.04 OFFICE DEPOT INC 563442 20131104 20131101 4.99 OFFICE DEPOT INC 563442 20131104 20131101 9.63 OFFICE DEPOT INC 563442 20131104 20131101 16.79 OFFICE DEPOT INC 563442 20131104 20131101 132.60 OFFICE DEPOT INC 563442 20131104 20131101 181.84 OFFICE DEPOT INC 563442 20131104 20131101 203.93 OFFICE DEPOT INC 563442 20131106 20131104 3.31 OFFICE DEPOT INC 563442 20131107 20131105 11.42 OFFICE DEPOT INC 563442 20131107 20131105 31.90 OFFICE DEPOT INC 563442 20131107 20131105 36.36 OFFICE DEPOT INC 563442 20131107 20131105 40.00 OFFICE DEPOT INC 563442 20131107 20131105 181.96 OFFICE DEPOT INC 563442 20131107 20131106 84.00 OFFICE DEPOT INC 563442 20131108 20131106 16.70 OFFICE DEPOT INC 563442 20131108 20131106 20.09 OFFICE DEPOT INC 563442 20131108 20131106 77.18 OFFICE DEPOT INC 563442 20131108 20131106 433.55 OFFICE DEPOT INC 563442 20131111 20131107 12.46 OFFICE DEPOT INC 563442 20131111 20131107 63.23 OFFICE DEPOT INC 563442 20131111 20131107 218.56 OFFICE DEPOT INC 563442 20131111 20131107 312.12 OFFICE DEPOT INC 563442 20131111 20131108 3.36 OFFICE DEPOT INC 563442 20131111 20131108 24.99 OFFICE DEPOT INC 563442 20131111 20131108 28.65 OFFICE DEPOT INC 563442 20131111 20131108 46.21 OFFICE DEPOT INC 563442 20131111 20131108 52.18 OFFICE DEPOT INC 563442 20131111 20131108 61.78 OFFICE DEPOT INC 563442 20131111 20131108 92.52 OFFICE DEPOT INC 563442 20131111 20131108 186.48 OFFICE DEPOT INC 563442 20131111 20131108 195.70 OFFICE DEPOT INC 563442 20131111 20131109 8.38 OFFICE DEPOT INC 563442 20131113 20131105 -44.97 OFFICE DEPOT INC 563442 20131113 20131111 18.90 OFFICE DEPOT INC 563442 20131113 20131111 29.07 OFFICE DEPOT INC 563442 20131113 20131111 131.46 Page 3 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20131113 20131111 227.35 OFFICE DEPOT INC 563442 20131113 20131111 410.33 OFFICE DEPOT INC 563442 20131114 20131112 12.22 OFFICE DEPOT INC 563442 20131114 20131112 42.70 OFFICE DEPOT INC 563442 20131114 20131112 62.97 OFFICE DEPOT INC 563442 20131114 20131112 68.00 OFFICE DEPOT INC 563442 20131114 20131112 -244.30 OFFICE DEPOT INC 563442 20131115 20131112 9.90 OFFICE DEPOT INC 563442 20131115 20131113 3.91 OFFICE DEPOT INC 563442 20131115 20131113 4.68 OFFICE DEPOT INC 563442 20131115 20131113 5.99 OFFICE DEPOT INC 563442 20131115 20131113 17.24 OFFICE DEPOT INC 563442 20131115 20131113 29.39 OFFICE DEPOT INC 563442 20131115 20131113 57.17 OFFICE DEPOT INC 563442 20131115 20131113 73.34 OFFICE DEPOT INC 563442 20131115 20131113 171.20 OFFICE DEPOT INC 563442 20131115 20131113 210.38 OFFICE DEPOT INC 563442 20131115 20131113 245.00 OFFICE DEPOT INC 563442 20131115 20131113 265.39 OFFICE DEPOT INC 563442 20131115 20131113 426.09 OFFICE DEPOT INC 563442 20131118 20131114 6.05 OFFICE DEPOT INC 563442 20131118 20131114 6.90 OFFICE DEPOT INC 563442 20131118 20131114 17.64 OFFICE DEPOT INC 563442 20131118 20131114 24.59 OFFICE DEPOT INC 563442 20131118 20131114 40.57 OFFICE DEPOT INC 563442 20131118 20131114 48.15 OFFICE DEPOT INC 563442 20131118 20131114 52.57 OFFICE DEPOT INC 563442 20131118 20131114 66.41 OFFICE DEPOT INC 563442 20131118 20131114 79.76 OFFICE DEPOT INC 563442 20131118 20131114 214.99 OFFICE DEPOT INC 563442 20131118 20131115 29.28 OFFICE DEPOT INC 563442 20131118 20131115 47.80 OFFICE DEPOT INC 563442 20131118 20131115 279.99 OFFICE DEPOT INC 563442 20131120 20131118 8.76 OFFICE DEPOT INC 563442 20131120 20131118 24.60 OFFICE DEPOT INC 563442 20131120 20131118 26.18 OFFICE DEPOT INC 563442 20131120 20131118 45.37 OFFICE DEPOT INC 563442 20131120 20131118 45.48 OFFICE DEPOT INC 563442 20131120 20131118 47.37 OFFICE DEPOT INC 563442 20131120 20131118 -68.00 OFFICE DEPOT INC 563442 20131121 20131119 29.99 OFFICE DEPOT INC 563442 20131121 20131119 -55.00 OFFICE DEPOT INC 563442 20131121 20131119 99.12 OFFICE DEPOT INC 563442 20131121 20131119 102.93 OFFICE DEPOT INC 563442 20131121 20131119 140.00 OFFICE DEPOT INC 563442 20131122 20131120 5.99 OFFICE DEPOT INC 563442 20131122 20131120 10.15 OFFICE DEPOT INC 563442 20131122 20131120 23.80 OFFICE DEPOT INC 563442 20131122 20131120 33.07 OFFICE DEPOT INC 563442 20131122 20131120 35.27 OFFICE DEPOT INC 563442 20131122 20131120 42.00 OFFICE DEPOT INC 563442 20131122 20131120 130.98 OFFICE DEPOT INC 563442 20131122 20131120 299.96 OFFICE DEPOT INC 563442 20131122 20131121 76.94 OFFICE DEPOT INC 563442 20131125 20131121 3.96 OFFICE DEPOT INC 563442 20131125 20131121 26.09 OFFICE DEPOT INC 563442 20131125 20131121 27.56 OFFICE DEPOT INC 563442 20131125 20131121 69.90 OFFICE DEPOT INC 563442 20131125 20131121 76.35 OFFICE DEPOT INC 563442 20131125 20131122 3.19 Page 4 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20131125 20131122 4.87 OFFICE DEPOT INC 563442 20131125 20131122 52.41 OFFICE DEPOT INC 563442 20131125 20131122 59.22 OFFICE DEPOT INC 563442 20131125 20131122 71.36 OFFICE DEPOT INC 563442 20131125 20131122 78.00 OFFICE DEPOT INC 563442 20131125 20131122 87.70 OFFICE DEPOT INC 563442 20131125 20131122 142.79 OFFICE DEPOT INC 563442 20131125 20131123 11.90 OFFICE DEPOT INC 563442 20131125 20131123 47.90 OFFICE DEPOT INC 563442 20131127 20131120 -39.99 OFFICE DEPOT INC 563442 20131127 20131125 28.25 OFFICE DEPOT INC 563442 20131127 20131125 109.98 OFFICE DEPOT INC 563442 20131127 20131125 -116.58 OFFICE DEPOT INC 563442 20131127 20131125 116.58 OFFICE DEPOT INC 563442 20131127 20131125 243.79 OFFICE DEPOT INC 563442 20131127 20131125 573.34 OFFICE DEPOT INC 563442 20131129 20131126 5.05 OFFICE DEPOT INC 563442 20131129 20131126 30.00 OFFICE DEPOT INC 563442 20131129 20131126 79.99 OFFICE DEPOT INC 563442 20131129 20131126 89.49 OFFICE DEPOT INC 563442 20131129 20131126 130.40 OFFICE DEPOT INC 563442 20131129 20131127 -29.70 OFFICE DEPOT INC 563442 20131129 20131127 56.61 OFFICE DEPOT INC 563442 20131129 20131127 68.75 OFFICE DEPOT INC 563442 20131129 20131127 237.90 OFFICE DEPOT INC 563442 20131129 20131127 291.04 OFFICE DEPOT INC 563442 20131202 20131128 2.71 OFFICE DEPOT INC 563442 20131202 20131128 32.98 OFFICE DEPOT INC 563442 20131204 20131202 58.90 OFFICE DEPOT INC 563442 20131204 20131202 58.90 OFFICE DEPOT INC 563442 20131204 20131202 152.67 OFFICE DEPOT INC 563442 20131204 20131203 1.15 OFFICE DEPOT INC 563442 20131205 20131203 7.56 OFFICE DEPOT INC 563442 20131205 20131203 7.56 OFFICE DEPOT INC 563442 20131205 20131203 26.97 OFFICE DEPOT INC 563442 20131205 20131203 32.19 OFFICE DEPOT INC 563442 20131205 20131203 101.77 OFFICE DEPOT INC 563442 20131205 20131203 188.56 OFFICE DEPOT INC 563442 20131205 20131203 -360.16 OFFICE DEPOT INC 563442 20131205 20131203 470.90 OFFICE DEPOT INC 563442 20131205 20131203 524.25 OFFICE DEPOT INC 563442 20131206 20131204 4.53 OFFICE DEPOT INC 563442 20131206 20131204 -7.56 OFFICE DEPOT INC 563442 20131206 20131204 7.56 OFFICE DEPOT INC 563442 20131206 20131204 7.56 OFFICE DEPOT INC 563442 20131206 20131204 26.67 OFFICE DEPOT INC 563442 20131206 20131204 89.79 OFFICE DEPOT INC 563442 20131206 20131205 29.33 OFFICE DEPOT INC 563442 20131209 20131205 2.52 OFFICE DEPOT INC 563442 20131209 20131205 37.34 OFFICE DEPOT INC 563442 20131209 20131206 7.07 OFFICE DEPOT INC 563442 20131209 20131206 9.22 OFFICE DEPOT INC 563442 20131209 20131206 -21.00 OFFICE DEPOT INC 563442 20131209 20131206 99.99 OFFICE DEPOT INC 563442 20131209 20131206 140.25 OFFICE DEPOT INC 563442 20131209 20131207 11.99 OFFICE DEPOT INC 563442 20131209 20131206 10.03 OFFICE DEPOT INC 563442 20131209 20131207 23.97 OFFICE DEPOT INC 563442 20131209 20131205 34.95 OFFICE DEPOT INC 563442 20131209 20131205 11.99 Page 5 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20131209 20131205 29.78 OFFICE DEPOT INC 563442 20131209 20131205 -58.90 OFFICE DEPOT INC 563442 20131209 20131206 464.93 OFFICE DEPOT INC 563442 20131210 20131208 111.74 OFFICE DEPOT INC 563442 20131211 20131209 27.86 OFFICE DEPOT INC 563442 20131211 20131209 30.59 OFFICE DEPOT INC 563442 20131211 20131209 54.00 OFFICE DEPOT INC 563442 20131211 20131209 99.42 OFFICE DEPOT INC 563442 20131211 20131209 -7.56 OFFICE DEPOT INC 563442 20131212 20131210 20.13 OFFICE DEPOT INC 563442 20131212 20131210 34.99 OFFICE DEPOT INC 563442 20131212 20131210 56.51 OFFICE DEPOT INC 563442 20131212 20131210 155.96 OFFICE DEPOT INC 563442 20131212 20131210 199.99 OFFICE DEPOT INC 563442 20131212 20131210 278.97 OFFICE DEPOT INC 563442 20131213 20131211 9.79 OFFICE DEPOT INC 563442 20131213 20131211 13.98 OFFICE DEPOT INC 563442 20131213 20131211 20.92 OFFICE DEPOT INC 563442 20131213 20131211 20.97 OFFICE DEPOT INC 563442 20131213 20131211 23.08 OFFICE DEPOT INC 563442 20131213 20131211 67.32 OFFICE DEPOT INC 563442 20131213 20131211 89.15 OFFICE DEPOT INC 563442 20131213 20131211 96.62 OFFICE DEPOT INC 563442 20131216 20131212 3.72 OFFICE DEPOT INC 563442 20131216 20131213 -7.07 OFFICE DEPOT INC 563442 20131216 20131213 204.79 OFFICE DEPOT INC 563442 20131216 20131212 50.32 OFFICE DEPOT INC 563442 20131216 20131212 27.60 OFFICE DEPOT INC 563442 20131216 20131213 15.75 OFFICE DEPOT INC 563442 20131216 20131212 -17.18 OFFICE DEPOT INC 563442 20131216 20131213 123.16 OFFICE DEPOT INC 563442 20131216 20131213 60.33 OFFICE DEPOT INC 563442 20131216 20131213 95.70 OFFICE DEPOT INC 563442 20131216 20131213 20.10 OFFICE DEPOT INC 563442 20131218 20131216 7.07 OFFICE DEPOT INC 563442 20131218 20131216 129.99 OFFICE DEPOT INC 563442 20131218 20131216 20.10 OFFICE DEPOT INC 563442 20131219 20131217 19.66 OFFICE DEPOT INC 563442 20131219 20131217 19.98 OFFICE DEPOT INC 563442 20131219 20131217 28.56 OFFICE DEPOT INC 563442 20131219 20131217 53.78 OFFICE DEPOT INC 563442 20131219 20131217 69.98 OFFICE DEPOT INC 563442 20131219 20131217 104.85 OFFICE DEPOT INC 563442 20131219 20131217 13.80 OFFICE DEPOT INC 563442 20131220 20131218 2.83 OFFICE DEPOT INC 563442 20131220 20131218 44.82 OFFICE DEPOT INC 563442 20131220 20131218 75.56 OFFICE DEPOT INC 563442 20131220 20131218 122.25 OFFICE DEPOT INC 563442 20131220 20131218 -204.79 OFFICE DEPOT INC 563442 20131223 20131219 51.48 OFFICE DEPOT INC 563442 20131223 20131219 63.89 OFFICE DEPOT INC 563442 20131223 20131219 111.75 OFFICE DEPOT INC 563442 20131223 20131220 4.29 OFFICE DEPOT INC 563442 20131223 20131220 33.57 OFFICE DEPOT INC 563442 20131223 20131220 74.88 OFFICE DEPOT INC 563442 20131223 20131221 3.29 OFFICE DEPOT INC 563442 20131223 20131221 31.90 OFFICE DEPOT INC 563442 20131223 20131221 33.39 OFFICE DEPOT INC 563442 20131224 20131221 39.55 OFFICE DEPOT INC 563442 20131226 20131223 6.19 Page 6 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20131226 20131223 12.78 OFFICE DEPOT INC 563442 20131226 20131223 -40.80 OFFICE DEPOT INC 563442 20131226 20131223 44.99 OFFICE DEPOT INC 563442 20131226 20131223 73.54 OFFICE DEPOT INC 563442 20131226 20131223 265.09 OFFICE DEPOT INC 563442 20131226 20131224 31.99 OFFICE DEPOT INC 563442 20131226 20131224 35.97 OFFICE DEPOT INC 563442 20131226 20131224 230.99 OFFICE DEPOT INC 563442 20131226 20131225 299.99 OFFICE DEPOT INC 563442 20131230 20131226 37.06 OFFICE DEPOT INC 563442 20131230 20131226 69.99 OFFICE DEPOT INC 563442 20131230 20131227 5.98 OFFICE DEPOT INC 563442 20131230 20131227 11.74 OFFICE DEPOT INC 563442 20131230 20131227 29.61 OFFICE DEPOT INC 563442 20131230 20131227 35.74 OFFICE DEPOT INC 563442 20131230 20131227 38.96 OFFICE DEPOT INC 563442 20131230 20131227 49.90 OFFICE DEPOT INC 563442 20140102 20131230 72.78 OFFICE DEPOT INC 563442 20140102 20131231 5.49 OFFICE DEPOT INC 563442 20140102 20131231 12.80 OFFICE DEPOT INC 563442 20140102 20131231 17.08 OFFICE DEPOT INC 563442 20140102 20131231 27.27 OFFICE DEPOT INC 563442 20140102 20131231 39.79 OFFICE DEPOT INC 563442 20140102 20131231 82.67 OFFICE DEPOT INC 563442 20140102 20131231 86.30 OFFICE DEPOT INC 563442 20140102 20131231 189.00 OFFICE DEPOT INC 563442 20140102 20131231 234.48 OFFICE DEPOT INC 563442 20140102 20131231 314.60 OFFICE DEPOT INC 563442 20140106 20140102 24.52 OFFICE DEPOT INC 563442 20140106 20140102 73.86 OFFICE DEPOT INC 563442 20140106 20140102 96.10 OFFICE DEPOT INC 563442 20140106 20140103 2.14 OFFICE DEPOT INC 563442 20140106 20140103 3.53 OFFICE DEPOT INC 563442 20140106 20140103 4.08 OFFICE DEPOT INC 563442 20140106 20140103 -4.32 OFFICE DEPOT INC 563442 20140106 20140103 4.32 OFFICE DEPOT INC 563442 20140106 20140103 5.99 OFFICE DEPOT INC 563442 20140106 20140103 6.36 OFFICE DEPOT INC 563442 20140106 20140103 34.95 OFFICE DEPOT INC 563442 20140106 20140103 46.47 OFFICE DEPOT INC 563442 20140106 20140105 15.99 OFFICE DEPOT INC 563442 20140108 20140106 23.80 OFFICE DEPOT INC 563442 20140108 20140106 119.65 OFFICE DEPOT INC 563442 20140108 20140106 138.38 OFFICE DEPOT INC 563442 20140109 20140107 5.81 OFFICE DEPOT INC 563442 20140109 20140107 6.93 OFFICE DEPOT INC 563442 20140109 20140107 28.23 OFFICE DEPOT INC 563442 20140109 20140107 30.60 OFFICE DEPOT INC 563442 20140109 20140107 54.46 OFFICE DEPOT INC 563442 20140109 20140107 60.85 OFFICE DEPOT INC 563442 20140110 20140108 5.10 OFFICE DEPOT INC 563442 20140110 20140108 8.90 OFFICE DEPOT INC 563442 20140110 20140108 12.37 OFFICE DEPOT INC 563442 20140110 20140108 27.99 OFFICE DEPOT INC 563442 20140110 20140108 37.09 OFFICE DEPOT INC 563442 20140110 20140108 124.99 OFFICE DEPOT INC 563442 20140110 20140108 136.90 OFFICE DEPOT INC 563442 20140110 20140108 173.18 OFFICE DEPOT INC 563442 20140113 20140108 131.20 OFFICE DEPOT INC 563442 20140113 20140109 0.50 Page 7 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140113 20140109 13.31 OFFICE DEPOT INC 563442 20140113 20140109 27.09 OFFICE DEPOT INC 563442 20140113 20140109 164.04 OFFICE DEPOT INC 563442 20140113 20140110 8.47 OFFICE DEPOT INC 563442 20140113 20140110 11.99 OFFICE DEPOT INC 563442 20140113 20140110 13.52 OFFICE DEPOT INC 563442 20140113 20140110 80.00 OFFICE DEPOT INC 563442 20140113 20140110 80.57 OFFICE DEPOT INC 563442 20140113 20140110 81.97 OFFICE DEPOT INC 563442 20140113 20140111 39.89 OFFICE DEPOT INC 563442 20140115 20140113 4.09 OFFICE DEPOT INC 563442 20140115 20140113 20.46 OFFICE DEPOT INC 563442 20140116 20140114 13.18 OFFICE DEPOT INC 563442 20140116 20140114 16.56 OFFICE DEPOT INC 563442 20140116 20140114 20.58 OFFICE DEPOT INC 563442 20140116 20140114 36.62 OFFICE DEPOT INC 563442 20140116 20140114 45.58 OFFICE DEPOT INC 563442 20140116 20140114 58.47 OFFICE DEPOT INC 563442 20140116 20140114 62.24 OFFICE DEPOT INC 563442 20140116 20140114 89.55 OFFICE DEPOT INC 563442 20140116 20140114 173.40 OFFICE DEPOT INC 563442 20140116 20140115 54.00 OFFICE DEPOT INC 563442 20140117 20140115 2.76 OFFICE DEPOT INC 563442 20140117 20140115 8.78 OFFICE DEPOT INC 563442 20140117 20140115 10.12 OFFICE DEPOT INC 563442 20140117 20140115 16.49 OFFICE DEPOT INC 563442 20140117 20140115 18.22 OFFICE DEPOT INC 563442 20140117 20140115 19.82 OFFICE DEPOT INC 563442 20140117 20140115 33.79 OFFICE DEPOT INC 563442 20140117 20140115 95.10 OFFICE DEPOT INC 563442 20140117 20140115 231.60 OFFICE DEPOT INC 563442 20140120 20140116 -2.87 OFFICE DEPOT INC 563442 20140120 20140116 10.03 OFFICE DEPOT INC 563442 20140120 20140116 18.79 OFFICE DEPOT INC 563442 20140120 20140116 19.98 OFFICE DEPOT INC 563442 20140120 20140116 27.56 OFFICE DEPOT INC 563442 20140120 20140116 28.56 OFFICE DEPOT INC 563442 20140120 20140116 42.92 OFFICE DEPOT INC 563442 20140120 20140116 149.99 OFFICE DEPOT INC 563442 20140120 20140116 230.50 OFFICE DEPOT INC 563442 20140120 20140116 323.83 OFFICE DEPOT INC 563442 20140120 20140116 715.05 OFFICE DEPOT INC 563442 20140120 20140117 51.00 OFFICE DEPOT INC 563442 20140120 20140117 96.95 OFFICE DEPOT INC 563442 20140122 20140120 17.99 OFFICE DEPOT INC 563442 20140122 20140120 155.75 OFFICE DEPOT INC 563442 20140123 20140121 17.99 OFFICE DEPOT INC 563442 20140123 20140121 21.83 OFFICE DEPOT INC 563442 20140123 20140121 29.50 OFFICE DEPOT INC 563442 20140123 20140121 54.00 OFFICE DEPOT INC 563442 20140124 20140122 4.20 OFFICE DEPOT INC 563442 20140124 20140122 4.48 OFFICE DEPOT INC 563442 20140124 20140122 12.89 OFFICE DEPOT INC 563442 20140124 20140122 15.39 OFFICE DEPOT INC 563442 20140124 20140122 22.98 OFFICE DEPOT INC 563442 20140124 20140122 -24.36 OFFICE DEPOT INC 563442 20140124 20140122 24.36 OFFICE DEPOT INC 563442 20140124 20140122 48.00 OFFICE DEPOT INC 563442 20140124 20140122 61.88 OFFICE DEPOT INC 563442 20140124 20140122 84.20 Page 8 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140124 20140122 155.38 OFFICE DEPOT INC 563442 20140127 20140123 11.16 OFFICE DEPOT INC 563442 20140127 20140123 11.98 OFFICE DEPOT INC 563442 20140127 20140123 12.09 OFFICE DEPOT INC 563442 20140127 20140123 24.99 OFFICE DEPOT INC 563442 20140127 20140123 25.56 OFFICE DEPOT INC 563442 20140127 20140123 32.96 OFFICE DEPOT INC 563442 20140127 20140123 33.04 OFFICE DEPOT INC 563442 20140127 20140123 87.98 OFFICE DEPOT INC 563442 20140127 20140123 93.26 OFFICE DEPOT INC 563442 20140127 20140123 123.14 OFFICE DEPOT INC 563442 20140127 20140124 63.23 OFFICE DEPOT INC 563442 20140127 20140124 104.85 OFFICE DEPOT INC 563442 20140127 20140124 146.16 OFFICE DEPOT INC 563442 20140127 20140124 149.99 OFFICE DEPOT INC 563442 20140127 20140124 149.99 OFFICE DEPOT INC 563442 20140129 20140127 81.78 OFFICE DEPOT INC 563442 20140129 20140127 100.60 OFFICE DEPOT INC 563442 20140129 20140127 145.26 OFFICE DEPOT INC 563442 20140129 20140127 620.65 OFFICE DEPOT INC 563442 20140130 20140128 4.20 OFFICE DEPOT INC 563442 20140130 20140128 4.99 OFFICE DEPOT INC 563442 20140130 20140128 8.08 OFFICE DEPOT INC 563442 20140130 20140128 9.26 OFFICE DEPOT INC 563442 20140130 20140128 16.38 OFFICE DEPOT INC 563442 20140130 20140128 89.24 OFFICE DEPOT INC 563442 20140130 20140128 254.98 OFFICE DEPOT INC 563442 20140131 20140129 8.73 OFFICE DEPOT INC 563442 20140131 20140129 87.79 OFFICE DEPOT INC 563442 20140203 20140130 1.12 OFFICE DEPOT INC 563442 20140203 20140130 1.90 OFFICE DEPOT INC 563442 20140203 20140130 -2.08 OFFICE DEPOT INC 563442 20140203 20140130 12.48 OFFICE DEPOT INC 563442 20140203 20140130 23.34 OFFICE DEPOT INC 563442 20140203 20140130 39.60 OFFICE DEPOT INC 563442 20140203 20140130 40.47 OFFICE DEPOT INC 563442 20140203 20140130 50.99 OFFICE DEPOT INC 563442 20140203 20140130 95.44 OFFICE DEPOT INC 563442 20140203 20140131 2.14 OFFICE DEPOT INC 563442 20140203 20140131 27.99 OFFICE DEPOT INC 563442 20140203 20140131 29.28 OFFICE DEPOT INC 563442 20140203 20140131 52.87 OFFICE DEPOT INC 563442 20140203 20140131 53.96 OFFICE DEPOT INC 563442 20140203 20140131 99.28 OFFICE DEPOT INC 563442 20140203 20140131 196.85 OFFICE DEPOT INC 563442 20140205 20140203 5.99 OFFICE DEPOT INC 563442 20140205 20140203 9.91 OFFICE DEPOT INC 563442 20140205 20140203 12.13 OFFICE DEPOT INC 563442 20140205 20140203 12.14 OFFICE DEPOT INC 563442 20140205 20140203 57.87 OFFICE DEPOT INC 563442 20140205 20140203 75.40 OFFICE DEPOT INC 563442 20140205 20140203 79.98 OFFICE DEPOT INC 563442 20140205 20140203 409.75 OFFICE DEPOT INC 563442 20140206 20140204 54.00 OFFICE DEPOT INC 563442 20140207 20140205 5.79 OFFICE DEPOT INC 563442 20140207 20140205 16.89 OFFICE DEPOT INC 563442 20140207 20140205 25.77 OFFICE DEPOT INC 563442 20140207 20140205 27.73 OFFICE DEPOT INC 563442 20140207 20140205 368.23 OFFICE DEPOT INC 563442 20140210 20140206 0.39 Page 9 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140210 20140206 17.85 OFFICE DEPOT INC 563442 20140210 20140206 33.56 OFFICE DEPOT INC 563442 20140210 20140206 68.03 OFFICE DEPOT INC 563442 20140210 20140207 16.28 OFFICE DEPOT INC 563442 20140210 20140207 119.13 OFFICE DEPOT INC 563442 20140210 20140208 105.90 OFFICE DEPOT INC 563442 20140212 20140210 15.90 OFFICE DEPOT INC 563442 20140212 20140210 40.25 OFFICE DEPOT INC 563442 20140212 20140210 56.68 OFFICE DEPOT INC 563442 20140213 20140211 9.99 OFFICE DEPOT INC 563442 20140213 20140211 19.81 OFFICE DEPOT INC 563442 20140214 20140212 5.98 OFFICE DEPOT INC 563442 20140214 20140212 7.15 OFFICE DEPOT INC 563442 20140214 20140212 21.98 OFFICE DEPOT INC 563442 20140214 20140212 40.92 OFFICE DEPOT INC 563442 20140214 20140212 41.84 OFFICE DEPOT INC 563442 20140214 20140212 62.99 OFFICE DEPOT INC 563442 20140214 20140212 72.24 OFFICE DEPOT INC 563442 20140214 20140212 158.39 OFFICE DEPOT INC 563442 20140217 20140213 9.18 OFFICE DEPOT INC 563442 20140217 20140213 67.65 OFFICE DEPOT INC 563442 20140217 20140213 94.86 OFFICE DEPOT INC 563442 20140217 20140214 6.05 OFFICE DEPOT INC 563442 20140217 20140214 40.80 OFFICE DEPOT INC 563442 20140217 20140214 126.68 OFFICE DEPOT INC 563442 20140217 20140215 8.39 OFFICE DEPOT INC 563442 20140219 20140217 9.36 OFFICE DEPOT INC 563442 20140219 20140217 30.93 OFFICE DEPOT INC 563442 20140219 20140217 -76.99 OFFICE DEPOT INC 563442 20140220 20140218 9.99 OFFICE DEPOT INC 563442 20140221 20140219 21.74 OFFICE DEPOT INC 563442 20140221 20140219 86.99 OFFICE DEPOT INC 563442 20140224 20140220 8.57 OFFICE DEPOT INC 563442 20140224 20140220 8.69 OFFICE DEPOT INC 563442 20140224 20140220 9.99 OFFICE DEPOT INC 563442 20140224 20140220 17.99 OFFICE DEPOT INC 563442 20140224 20140220 31.98 OFFICE DEPOT INC 563442 20140224 20140220 45.78 OFFICE DEPOT INC 563442 20140224 20140220 54.62 OFFICE DEPOT INC 563442 20140224 20140221 6.99 OFFICE DEPOT INC 563442 20140224 20140221 10.52 OFFICE DEPOT INC 563442 20140224 20140221 18.80 OFFICE DEPOT INC 563442 20140224 20140221 21.16 OFFICE DEPOT INC 563442 20140224 20140221 27.19 OFFICE DEPOT INC 563442 20140224 20140221 47.24 OFFICE DEPOT INC 563442 20140224 20140221 80.00 OFFICE DEPOT INC 563442 20140224 20140221 211.72 OFFICE DEPOT INC 563442 20140224 20140221 276.13 OFFICE DEPOT INC 563442 20140224 20140221 506.74 OFFICE DEPOT INC 563442 20140224 20140223 59.33 OFFICE DEPOT INC 563442 20140226 20140224 13.64 OFFICE DEPOT INC 563442 20140227 20140225 59.99 OFFICE DEPOT INC 563442 20140227 20140225 72.00 OFFICE DEPOT INC 563442 20140228 20140226 454.49 OFFICE DEPOT INC 563442 20140303 20140227 0.56 OFFICE DEPOT INC 563442 20140303 20140227 2.99 OFFICE DEPOT INC 563442 20140303 20140227 21.59 OFFICE DEPOT INC 563442 20140303 20140227 30.00 OFFICE DEPOT INC 563442 20140303 20140227 79.12 OFFICE DEPOT INC 563442 20140303 20140227 267.58 Page 10 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140303 20140228 -3.80 OFFICE DEPOT INC 563442 20140303 20140228 12.99 OFFICE DEPOT INC 563442 20140303 20140228 12.99 OFFICE DEPOT INC 563442 20140303 20140228 16.80 OFFICE DEPOT INC 563442 20140303 20140228 51.90 OFFICE DEPOT INC 563442 20140303 20140228 104.95 OFFICE DEPOT INC 563442 20140305 20140303 59.39 OFFICE DEPOT INC 563442 20140306 20140304 2.97 OFFICE DEPOT INC 563442 20140306 20140304 -9.99 OFFICE DEPOT INC 563442 20140306 20140304 10.23 OFFICE DEPOT INC 563442 20140306 20140304 11.83 OFFICE DEPOT INC 563442 20140306 20140304 16.29 OFFICE DEPOT INC 563442 20140306 20140304 49.95 OFFICE DEPOT INC 563442 20140306 20140304 192.39 OFFICE DEPOT INC 563442 20140307 20140305 4.72 OFFICE DEPOT INC 563442 20140307 20140305 8.29 OFFICE DEPOT INC 563442 20140307 20140305 131.16 OFFICE DEPOT INC 563442 20140307 20140305 439.27 OFFICE DEPOT INC 563442 20140310 20140306 1.98 OFFICE DEPOT INC 563442 20140310 20140306 12.78 OFFICE DEPOT INC 563442 20140310 20140306 17.41 OFFICE DEPOT INC 563442 20140310 20140306 18.53 OFFICE DEPOT INC 563442 20140310 20140306 31.80 OFFICE DEPOT INC 563442 20140310 20140306 38.66 OFFICE DEPOT INC 563442 20140310 20140306 39.10 OFFICE DEPOT INC 563442 20140310 20140306 39.99 OFFICE DEPOT INC 563442 20140310 20140306 52.09 OFFICE DEPOT INC 563442 20140310 20140306 55.63 OFFICE DEPOT INC 563442 20140310 20140306 -79.50 OFFICE DEPOT INC 563442 20140310 20140306 79.50 OFFICE DEPOT INC 563442 20140310 20140306 109.98 OFFICE DEPOT INC 563442 20140310 20140306 130.72 OFFICE DEPOT INC 563442 20140310 20140306 143.35 OFFICE DEPOT INC 563442 20140310 20140306 145.53 OFFICE DEPOT INC 563442 20140310 20140306 -149.43 OFFICE DEPOT INC 563442 20140310 20140306 230.50 OFFICE DEPOT INC 563442 20140310 20140307 13.95 OFFICE DEPOT INC 563442 20140310 20140307 17.43 OFFICE DEPOT INC 563442 20140310 20140307 139.99 OFFICE DEPOT INC 563442 20140310 20140307 194.88 OFFICE DEPOT INC 563442 20140310 20140308 1.49 OFFICE DEPOT INC 563442 20140310 20140308 10.23 OFFICE DEPOT INC 563442 20140310 20140308 44.95 OFFICE DEPOT INC 563442 20140312 20140310 1.98 OFFICE DEPOT INC 563442 20140312 20140310 3.10 OFFICE DEPOT INC 563442 20140312 20140310 12.78 OFFICE DEPOT INC 563442 20140312 20140310 17.28 OFFICE DEPOT INC 563442 20140312 20140310 30.98 OFFICE DEPOT INC 563442 20140312 20140310 61.95 OFFICE DEPOT INC 563442 20140312 20140310 83.21 OFFICE DEPOT INC 563442 20140312 20140310 130.18 OFFICE DEPOT INC 563442 20140313 20140311 3.48 OFFICE DEPOT INC 563442 20140313 20140311 15.46 OFFICE DEPOT INC 563442 20140313 20140311 28.11 OFFICE DEPOT INC 563442 20140313 20140311 29.90 OFFICE DEPOT INC 563442 20140313 20140311 39.55 OFFICE DEPOT INC 563442 20140313 20140311 45.98 OFFICE DEPOT INC 563442 20140313 20140311 49.18 OFFICE DEPOT INC 563442 20140313 20140311 126.30 OFFICE DEPOT INC 563442 20140314 20140312 6.49 Page 11 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140314 20140312 12.78 OFFICE DEPOT INC 563442 20140314 20140312 29.65 OFFICE DEPOT INC 563442 20140314 20140312 31.80 OFFICE DEPOT INC 563442 20140314 20140312 39.57 OFFICE DEPOT INC 563442 20140314 20140312 82.98 OFFICE DEPOT INC 563442 20140314 20140312 89.90 OFFICE DEPOT INC 563442 20140314 20140312 124.31 OFFICE DEPOT INC 563442 20140314 20140312 146.74 OFFICE DEPOT INC 563442 20140317 20140313 11.19 OFFICE DEPOT INC 563442 20140317 20140313 11.75 OFFICE DEPOT INC 563442 20140317 20140313 13.98 OFFICE DEPOT INC 563442 20140317 20140313 57.12 OFFICE DEPOT INC 563442 20140317 20140314 12.63 OFFICE DEPOT INC 563442 20140317 20140314 35.97 OFFICE DEPOT INC 563442 20140317 20140314 47.99 OFFICE DEPOT INC 563442 20140317 20140314 141.18 OFFICE DEPOT INC 563442 20140319 20140317 10.24 OFFICE DEPOT INC 563442 20140319 20140317 17.56 OFFICE DEPOT INC 563442 20140319 20140317 34.99 OFFICE DEPOT INC 563442 20140319 20140317 -37.09 OFFICE DEPOT INC 563442 20140319 20140317 37.09 OFFICE DEPOT INC 563442 20140319 20140317 46.58 OFFICE DEPOT INC 563442 20140319 20140317 46.58 OFFICE DEPOT INC 563442 20140319 20140317 105.05 OFFICE DEPOT INC 563442 20140320 20140318 11.55 OFFICE DEPOT INC 563442 20140320 20140318 17.46 OFFICE DEPOT INC 563442 20140320 20140318 19.90 OFFICE DEPOT INC 563442 20140320 20140318 36.96 OFFICE DEPOT INC 563442 20140320 20140318 99.80 OFFICE DEPOT INC 563442 20140320 20140318 236.30 OFFICE DEPOT INC 563442 20140321 20140319 -12.99 OFFICE DEPOT INC 563442 20140321 20140319 104.85 OFFICE DEPOT INC 563442 20140324 20140320 4.90 OFFICE DEPOT INC 563442 20140324 20140320 15.00 OFFICE DEPOT INC 563442 20140324 20140320 19.99 OFFICE DEPOT INC 563442 20140324 20140320 29.99 OFFICE DEPOT INC 563442 20140324 20140320 32.99 OFFICE DEPOT INC 563442 20140324 20140320 39.99 OFFICE DEPOT INC 563442 20140324 20140320 46.16 OFFICE DEPOT INC 563442 20140324 20140320 57.80 OFFICE DEPOT INC 563442 20140324 20140320 100.63 OFFICE DEPOT INC 563442 20140324 20140320 286.14 OFFICE DEPOT INC 563442 20140324 20140321 3.36 OFFICE DEPOT INC 563442 20140324 20140321 28.45 OFFICE DEPOT INC 563442 20140324 20140321 30.00 OFFICE DEPOT INC 563442 20140324 20140321 60.13 OFFICE DEPOT INC 563442 20140324 20140321 887.46 OFFICE DEPOT INC 563442 20140325 20140123 -93.26 OFFICE DEPOT INC 563442 20140326 20140324 12.73 OFFICE DEPOT INC 563442 20140326 20140324 -78.99 OFFICE DEPOT INC 563442 20140326 20140324 172.93 OFFICE DEPOT INC 563442 20140326 20140324 189.70 OFFICE DEPOT INC 563442 20140327 20140325 59.25 OFFICE DEPOT INC 563442 20140327 20140325 73.78 OFFICE DEPOT INC 563442 20140327 20140325 87.89 OFFICE DEPOT INC 563442 20140328 20140326 2.30 OFFICE DEPOT INC 563442 20140328 20140326 20.44 OFFICE DEPOT INC 563442 20140328 20140326 51.47 OFFICE DEPOT INC 563442 20140328 20140326 95.31 OFFICE DEPOT INC 563442 20140328 20140326 165.72 Page 12 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140328 20140326 321.64 OFFICE DEPOT INC 563442 20140331 20140327 24.69 OFFICE DEPOT INC 563442 20140331 20140327 54.00 OFFICE DEPOT INC 563442 20140331 20140327 99.99 OFFICE DEPOT INC 563442 20140331 20140327 249.99 OFFICE DEPOT INC 563442 20140331 20140327 425.82 OFFICE DEPOT INC 563442 20140331 20140328 1.38 OFFICE DEPOT INC 563442 20140331 20140328 2.74 OFFICE DEPOT INC 563442 20140331 20140328 8.10 OFFICE DEPOT INC 563442 20140331 20140328 12.36 OFFICE DEPOT INC 563442 20140331 20140328 23.09 OFFICE DEPOT INC 563442 20140331 20140328 68.25 OFFICE DEPOT INC 563442 20140331 20140328 109.35 OFFICE DEPOT INC 563442 20140331 20140328 119.65 OFFICE DEPOT INC 563442 20140331 20140328 189.00 OFFICE DEPOT INC 563442 20140331 20140328 375.78 OFFICE DEPOT INC 563442 20140331 20140329 2.59 OFFICE DEPOT INC 563442 20140331 20140329 3.98 OFFICE DEPOT INC 563442 20140331 20140329 9.99 OFFICE DEPOT INC 563442 20140331 20140329 48.99 OFFICE DEPOT INC 563442 20140401 20140330 279.99 OFFICE DEPOT INC 563442 20140402 20140331 16.49 OFFICE DEPOT INC 563442 20140402 20140331 22.12 OFFICE DEPOT INC 563442 20140402 20140331 26.03 OFFICE DEPOT INC 563442 20140402 20140331 56.42 OFFICE DEPOT INC 563442 20140402 20140331 211.88 OFFICE DEPOT INC 563442 20140402 20140331 256.96 OFFICE DEPOT INC 563442 20140402 20140331 378.34 OFFICE DEPOT INC 563442 20140402 20140401 -93.26 OFFICE DEPOT INC 563442 20140403 20140401 8.16 OFFICE DEPOT INC 563442 20140403 20140401 12.99 OFFICE DEPOT INC 563442 20140403 20140401 39.59 OFFICE DEPOT INC 563442 20140403 20140401 53.15 OFFICE DEPOT INC 563442 20140404 20140402 5.55 OFFICE DEPOT INC 563442 20140404 20140402 12.95 OFFICE DEPOT INC 563442 20140404 20140402 36.09 OFFICE DEPOT INC 563442 20140404 20140402 36.45 OFFICE DEPOT INC 563442 20140404 20140402 61.17 OFFICE DEPOT INC 563442 20140404 20140402 101.43 OFFICE DEPOT INC 563442 20140404 20140402 -119.65 OFFICE DEPOT INC 563442 20140407 20140403 13.79 OFFICE DEPOT INC 563442 20140407 20140403 54.52 OFFICE DEPOT INC 563442 20140407 20140404 7.59 OFFICE DEPOT INC 563442 20140407 20140404 15.52 OFFICE DEPOT INC 563442 20140407 20140404 22.23 OFFICE DEPOT INC 563442 20140407 20140404 68.39 OFFICE DEPOT INC 563442 20140409 20140407 16.20 OFFICE DEPOT INC 563442 20140409 20140407 33.05 OFFICE DEPOT INC 563442 20140409 20140407 41.00 OFFICE DEPOT INC 563442 20140410 20140408 14.78 OFFICE DEPOT INC 563442 20140410 20140408 42.81 OFFICE DEPOT INC 563442 20140410 20140408 45.99 OFFICE DEPOT INC 563442 20140410 20140408 58.06 OFFICE DEPOT INC 563442 20140410 20140408 74.58 OFFICE DEPOT INC 563442 20140410 20140408 88.10 OFFICE DEPOT INC 563442 20140410 20140408 172.47 OFFICE DEPOT INC 563442 20140411 20140409 4.65 OFFICE DEPOT INC 563442 20140411 20140409 20.99 OFFICE DEPOT INC 563442 20140411 20140409 25.78 OFFICE DEPOT INC 563442 20140411 20140409 33.19 Page 13 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140411 20140409 50.68 OFFICE DEPOT INC 563442 20140411 20140409 53.97 OFFICE DEPOT INC 563442 20140411 20140409 67.93 OFFICE DEPOT INC 563442 20140411 20140409 92.33 OFFICE DEPOT INC 563442 20140411 20140409 267.80 OFFICE DEPOT INC 563442 20140414 20140410 -6.11 OFFICE DEPOT INC 563442 20140414 20140410 -6.63 OFFICE DEPOT INC 563442 20140414 20140410 11.00 OFFICE DEPOT INC 563442 20140414 20140410 17.41 OFFICE DEPOT INC 563442 20140414 20140410 20.16 OFFICE DEPOT INC 563442 20140414 20140410 41.98 OFFICE DEPOT INC 563442 20140414 20140410 73.89 OFFICE DEPOT INC 563442 20140414 20140410 121.39 OFFICE DEPOT INC 563442 20140414 20140410 124.28 OFFICE DEPOT INC 563442 20140414 20140410 125.74 OFFICE DEPOT INC 563442 20140414 20140410 165.44 OFFICE DEPOT INC 563442 20140414 20140410 227.55 OFFICE DEPOT INC 563442 20140414 20140411 7.99 OFFICE DEPOT INC 563442 20140414 20140411 11.90 OFFICE DEPOT INC 563442 20140414 20140411 33.39 OFFICE DEPOT INC 563442 20140414 20140411 109.35 OFFICE DEPOT INC 563442 20140414 20140411 195.98 OFFICE DEPOT INC 563442 20140416 20140414 16.95 OFFICE DEPOT INC 563442 20140416 20140414 26.47 OFFICE DEPOT INC 563442 20140417 20140415 8.10 OFFICE DEPOT INC 563442 20140417 20140415 -46.58 OFFICE DEPOT INC 563442 20140417 20140415 47.90 OFFICE DEPOT INC 563442 20140417 20140415 -61.17 OFFICE DEPOT INC 563442 20140418 20140416 14.28 OFFICE DEPOT INC 563442 20140418 20140416 32.99 OFFICE DEPOT INC 563442 20140418 20140416 63.09 OFFICE DEPOT INC 563442 20140418 20140416 68.70 OFFICE DEPOT INC 563442 20140421 20140417 13.19 OFFICE DEPOT INC 563442 20140421 20140417 25.95 OFFICE DEPOT INC 563442 20140421 20140417 54.13 OFFICE DEPOT INC 563442 20140421 20140417 149.96 OFFICE DEPOT INC 563442 20140421 20140417 236.00 OFFICE DEPOT INC 563442 20140421 20140418 12.91 OFFICE DEPOT INC 563442 20140421 20140418 19.82 OFFICE DEPOT INC 563442 20140421 20140418 109.35 OFFICE DEPOT INC 563442 20140421 20140419 54.00 OFFICE DEPOT INC 563442 20140423 20140421 41.24 OFFICE DEPOT INC 563442 20140424 20140422 7.00 OFFICE DEPOT INC 563442 20140424 20140422 7.14 OFFICE DEPOT INC 563442 20140424 20140422 35.97 OFFICE DEPOT INC 563442 20140424 20140422 37.53 OFFICE DEPOT INC 563442 20140425 20140423 11.40 OFFICE DEPOT INC 563442 20140425 20140423 11.90 OFFICE DEPOT INC 563442 20140425 20140423 29.95 OFFICE DEPOT INC 563442 20140428 20140424 4.77 OFFICE DEPOT INC 563442 20140428 20140424 13.99 OFFICE DEPOT INC 563442 20140428 20140424 30.94 OFFICE DEPOT INC 563442 20140428 20140424 50.19 OFFICE DEPOT INC 563442 20140428 20140424 50.72 OFFICE DEPOT INC 563442 20140428 20140424 57.79 OFFICE DEPOT INC 563442 20140428 20140424 62.91 OFFICE DEPOT INC 563442 20140428 20140424 171.13 OFFICE DEPOT INC 563442 20140428 20140425 2.52 OFFICE DEPOT INC 563442 20140428 20140425 17.96 OFFICE DEPOT INC 563442 20140428 20140425 34.71 Page 14 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140428 20140425 39.06 OFFICE DEPOT INC 563442 20140428 20140425 146.66 OFFICE DEPOT INC 563442 20140428 20140428 93.26 OFFICE DEPOT INC 563442 20140430 20140428 30.98 OFFICE DEPOT INC 563442 20140430 20140428 199.98 OFFICE DEPOT INC 563442 20140501 20140429 1.78 OFFICE DEPOT INC 563442 20140501 20140429 10.60 OFFICE DEPOT INC 563442 20140501 20140429 28.89 OFFICE DEPOT INC 563442 20140502 20140430 3.99 OFFICE DEPOT INC 563442 20140502 20140430 8.28 OFFICE DEPOT INC 563442 20140502 20140430 11.79 OFFICE DEPOT INC 563442 20140502 20140430 13.58 OFFICE DEPOT INC 563442 20140502 20140430 15.94 OFFICE DEPOT INC 563442 20140502 20140430 35.96 OFFICE DEPOT INC 563442 20140502 20140430 45.56 OFFICE DEPOT INC 563442 20140502 20140430 59.61 OFFICE DEPOT INC 563442 20140502 20140430 101.97 OFFICE DEPOT INC 563442 20140502 20140430 104.91 OFFICE DEPOT INC 563442 20140502 20140430 269.99 OFFICE DEPOT INC 563442 20140505 20140501 38.00 OFFICE DEPOT INC 563442 20140505 20140501 65.58 OFFICE DEPOT INC 563442 20140505 20140501 147.69 OFFICE DEPOT INC 563442 20140505 20140501 222.50 OFFICE DEPOT INC 563442 20140505 20140501 75.29 OFFICE DEPOT INC 563442 20140505 20140501 48.81 OFFICE DEPOT INC 563442 20140507 20140502 37.99 OFFICE DEPOT INC 563442 20140507 20140502 37.99 OFFICE DEPOT INC 563442 20140507 20140502 37.99 OFFICE DEPOT INC 563442 20140507 20140502 40.27 OFFICE DEPOT INC 563442 20140507 20140502 37.44 OFFICE DEPOT INC 563442 20140507 20140502 -41.32 OFFICE DEPOT INC 563442 20140507 20140502 43.99 OFFICE DEPOT INC 563442 20140507 20140502 43.99 OFFICE DEPOT INC 563442 20140507 20140502 8.29 OFFICE DEPOT INC 563442 20140507 20140502 61.96 OFFICE DEPOT INC 563442 20140507 20140502 78.00 OFFICE DEPOT INC 563442 20140507 20140502 5.27 OFFICE DEPOT INC 563442 20140507 20140502 26.88 OFFICE DEPOT INC 563442 20140508 20140505 10.68 OFFICE DEPOT INC 563442 20140508 20140505 13.02 OFFICE DEPOT INC 563442 20140508 20140505 22.48 OFFICE DEPOT INC 563442 20140508 20140506 2.87 OFFICE DEPOT INC 563442 20140508 20140506 14.29 OFFICE DEPOT INC 563442 20140508 20140506 17.98 OFFICE DEPOT INC 563442 20140508 20140506 19.96 OFFICE DEPOT INC 563442 20140508 20140506 26.39 OFFICE DEPOT INC 563442 20140508 20140506 54.00 OFFICE DEPOT INC 563442 20140508 20140506 66.91 OFFICE DEPOT INC 563442 20140508 20140506 191.27 OFFICE DEPOT INC 563442 20140508 20140506 315.95 OFFICE DEPOT INC 563442 20140508 20140506 477.41 OFFICE DEPOT INC 563442 20140509 20140507 3.15 OFFICE DEPOT INC 563442 20140509 20140507 7.82 OFFICE DEPOT INC 563442 20140509 20140507 -8.67 OFFICE DEPOT INC 563442 20140509 20140507 8.90 OFFICE DEPOT INC 563442 20140509 20140507 10.30 OFFICE DEPOT INC 563442 20140509 20140507 13.39 OFFICE DEPOT INC 563442 20140509 20140507 41.84 OFFICE DEPOT INC 563442 20140509 20140507 123.15 OFFICE DEPOT INC 563442 20140512 20140508 2.89 Page 15 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140512 20140508 4.35 OFFICE DEPOT INC 563442 20140512 20140508 18.18 OFFICE DEPOT INC 563442 20140512 20140508 18.59 OFFICE DEPOT INC 563442 20140512 20140508 22.50 OFFICE DEPOT INC 563442 20140512 20140508 28.99 OFFICE DEPOT INC 563442 20140512 20140508 41.84 OFFICE DEPOT INC 563442 20140512 20140508 44.72 OFFICE DEPOT INC 563442 20140512 20140508 66.99 OFFICE DEPOT INC 563442 20140512 20140508 218.54 OFFICE DEPOT INC 563442 20140512 20140508 295.98 OFFICE DEPOT INC 563442 20140512 20140509 5.25 OFFICE DEPOT INC 563442 20140512 20140509 25.05 OFFICE DEPOT INC 563442 20140512 20140509 32.80 OFFICE DEPOT INC 563442 20140512 20140509 37.18 OFFICE DEPOT INC 563442 20140512 20140509 52.72 OFFICE DEPOT INC 563442 20140512 20140509 104.99 OFFICE DEPOT INC 563442 20140512 20140509 380.98 OFFICE DEPOT INC 563442 20140512 20140510 15.99 OFFICE DEPOT INC 563442 20140514 20140512 105.96 OFFICE DEPOT INC 563442 20140514 20140512 139.98 OFFICE DEPOT INC 563442 20140514 20140512 209.97 OFFICE DEPOT INC 563442 20140514 20140512 -222.57 OFFICE DEPOT INC 563442 20140514 20140512 222.57 OFFICE DEPOT INC 563442 20140515 20140513 19.68 OFFICE DEPOT INC 563442 20140515 20140513 26.24 OFFICE DEPOT INC 563442 20140515 20140513 29.69 OFFICE DEPOT INC 563442 20140515 20140513 42.21 OFFICE DEPOT INC 563442 20140515 20140513 111.98 OFFICE DEPOT INC 563442 20140516 20140514 3.30 OFFICE DEPOT INC 563442 20140516 20140514 5.79 OFFICE DEPOT INC 563442 20140516 20140514 6.90 OFFICE DEPOT INC 563442 20140516 20140514 8.19 OFFICE DEPOT INC 563442 20140516 20140514 63.58 OFFICE DEPOT INC 563442 20140516 20140514 142.61 OFFICE DEPOT INC 563442 20140516 20140514 271.68 OFFICE DEPOT INC 563442 20140519 20140515 70.17 OFFICE DEPOT INC 563442 20140519 20140515 135.89 OFFICE DEPOT INC 563442 20140519 20140515 180.48 OFFICE DEPOT INC 563442 20140519 20140515 323.83 OFFICE DEPOT INC 563442 20140519 20140516 4.19 OFFICE DEPOT INC 563442 20140519 20140516 5.79 OFFICE DEPOT INC 563442 20140519 20140516 21.01 OFFICE DEPOT INC 563442 20140519 20140516 32.83 OFFICE DEPOT INC 563442 20140519 20140516 59.33 OFFICE DEPOT INC 563442 20140521 20140519 80.35 OFFICE DEPOT INC 563442 20140522 20140520 6.90 OFFICE DEPOT INC 563442 20140522 20140520 29.84 OFFICE DEPOT INC 563442 20140522 20140520 39.58 OFFICE DEPOT INC 563442 20140522 20140520 50.18 OFFICE DEPOT INC 563442 20140522 20140520 62.87 OFFICE DEPOT INC 563442 20140522 20140520 101.69 OFFICE DEPOT INC 563442 20140522 20140521 6.65 OFFICE DEPOT INC 563442 20140522 20140521 55.99 OFFICE DEPOT INC 563442 20140523 20140521 4.05 OFFICE DEPOT INC 563442 20140523 20140521 6.79 OFFICE DEPOT INC 563442 20140523 20140521 15.64 OFFICE DEPOT INC 563442 20140523 20140521 28.64 OFFICE DEPOT INC 563442 20140523 20140521 38.98 OFFICE DEPOT INC 563442 20140523 20140521 44.05 OFFICE DEPOT INC 563442 20140523 20140521 134.98 Page 16 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140526 20140522 21.92 OFFICE DEPOT INC 563442 20140526 20140522 25.83 OFFICE DEPOT INC 563442 20140526 20140522 56.20 OFFICE DEPOT INC 563442 20140526 20140522 60.09 OFFICE DEPOT INC 563442 20140526 20140522 69.32 OFFICE DEPOT INC 563442 20140526 20140522 139.97 OFFICE DEPOT INC 563442 20140526 20140522 161.22 OFFICE DEPOT INC 563442 20140526 20140522 456.78 OFFICE DEPOT INC 563442 20140526 20140523 4.51 OFFICE DEPOT INC 563442 20140526 20140523 227.91 OFFICE DEPOT INC 563442 20140529 20140528 16.99 OFFICE DEPOT INC 563442 20140529 20140528 30.00 OFFICE DEPOT INC 563442 20140530 20140528 30.05 OFFICE DEPOT INC 563442 20140602 20140529 12.90 OFFICE DEPOT INC 563442 20140602 20140530 16.75 OFFICE DEPOT INC 563442 20140602 20140530 19.75 OFFICE DEPOT INC 563442 20140602 20140530 38.98 OFFICE DEPOT INC 563442 20140602 20140531 29.66 OFFICE DEPOT INC 563442 20140604 20140602 2.87 OFFICE DEPOT INC 563442 20140604 20140602 55.30 OFFICE DEPOT INC 563442 20140604 20140602 122.82 OFFICE DEPOT INC 563442 20140605 20140603 7.48 OFFICE DEPOT INC 563442 20140605 20140603 19.99 OFFICE DEPOT INC 563442 20140605 20140603 23.98 OFFICE DEPOT INC 563442 20140605 20140603 31.18 OFFICE DEPOT INC 563442 20140605 20140603 80.89 OFFICE DEPOT INC 563442 20140605 20140603 115.31 OFFICE DEPOT INC 563442 20140606 20140604 3.96 OFFICE DEPOT INC 563442 20140606 20140604 12.79 OFFICE DEPOT INC 563442 20140606 20140604 37.19 OFFICE DEPOT INC 563442 20140606 20140604 52.92 OFFICE DEPOT INC 563442 20140606 20140604 60.05 OFFICE DEPOT INC 563442 20140609 20140605 2.72 OFFICE DEPOT INC 563442 20140609 20140605 13.94 OFFICE DEPOT INC 563442 20140609 20140605 34.99 OFFICE DEPOT INC 563442 20140609 20140605 39.59 OFFICE DEPOT INC 563442 20140609 20140606 8.89 OFFICE DEPOT INC 563442 20140609 20140606 28.15 OFFICE DEPOT INC 563442 20140609 20140606 28.59 OFFICE DEPOT INC 563442 20140609 20140606 55.54 OFFICE DEPOT INC 563442 20140609 20140606 87.13 OFFICE DEPOT INC 563442 20140609 20140606 121.98 OFFICE DEPOT INC 563442 20140609 20140607 54.00 OFFICE DEPOT INC 563442 20140609 20140607 79.18 OFFICE DEPOT INC 563442 20140611 20140609 2.89 OFFICE DEPOT INC 563442 20140611 20140609 10.76 OFFICE DEPOT INC 563442 20140611 20140609 17.41 OFFICE DEPOT INC 563442 20140611 20140609 34.00 OFFICE DEPOT INC 563442 20140611 20140609 279.08 OFFICE DEPOT INC 563442 20140612 20140610 15.59 OFFICE DEPOT INC 563442 20140612 20140610 -15.64 OFFICE DEPOT INC 563442 20140612 20140610 15.75 OFFICE DEPOT INC 563442 20140612 20140610 48.68 OFFICE DEPOT INC 563442 20140612 20140610 77.89 OFFICE DEPOT INC 563442 20140612 20140610 85.72 OFFICE DEPOT INC 563442 20140612 20140610 120.27 OFFICE DEPOT INC 563442 20140613 20140611 26.39 OFFICE DEPOT INC 563442 20140613 20140611 27.43 OFFICE DEPOT INC 563442 20140613 20140611 -76.89 OFFICE DEPOT INC 563442 20140613 20140611 478.32 Page 17 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140613 20140611 597.97 OFFICE DEPOT INC 563442 20140616 20140612 -6.90 OFFICE DEPOT INC 563442 20140616 20140612 13.18 OFFICE DEPOT INC 563442 20140616 20140612 30.99 OFFICE DEPOT INC 563442 20140616 20140612 85.56 OFFICE DEPOT INC 563442 20140616 20140613 2.92 OFFICE DEPOT INC 563442 20140616 20140613 14.63 OFFICE DEPOT INC 563442 20140616 20140613 20.32 OFFICE DEPOT INC 563442 20140616 20140613 25.74 OFFICE DEPOT INC 563442 20140616 20140613 41.35 OFFICE DEPOT INC 563442 20140616 20140613 73.08 OFFICE DEPOT INC 563442 20140616 20140613 90.76 OFFICE DEPOT INC 563442 20140616 20140613 249.28 OFFICE DEPOT INC 563442 20140616 20140614 59.33 OFFICE DEPOT INC 563442 20140616 20140614 210.00 OFFICE DEPOT INC 563442 20140617 20140615 4.97 OFFICE DEPOT INC 563442 20140619 20140617 16.04 OFFICE DEPOT INC 563442 20140619 20140617 34.99 OFFICE DEPOT INC 563442 20140619 20140617 110.60 OFFICE DEPOT INC 563442 20140620 20140618 1.06 OFFICE DEPOT INC 563442 20140620 20140618 8.39 OFFICE DEPOT INC 563442 20140620 20140618 12.12 OFFICE DEPOT INC 563442 20140620 20140618 18.28 OFFICE DEPOT INC 563442 20140620 20140618 19.38 OFFICE DEPOT INC 563442 20140620 20140618 31.60 OFFICE DEPOT INC 563442 20140620 20140618 35.88 OFFICE DEPOT INC 563442 20140620 20140618 37.97 OFFICE DEPOT INC 563442 20140620 20140618 127.91 OFFICE DEPOT INC 563442 20140620 20140618 179.74 OFFICE DEPOT INC 563442 20140620 20140618 275.19 OFFICE DEPOT INC 563442 20140623 20140618 55.10 OFFICE DEPOT INC 563442 20140623 20140619 6.50 OFFICE DEPOT INC 563442 20140623 20140619 -9.99 OFFICE DEPOT INC 563442 20140623 20140619 54.84 OFFICE DEPOT INC 563442 20140623 20140619 80.40 OFFICE DEPOT INC 563442 20140623 20140620 2.10 OFFICE DEPOT INC 563442 20140623 20140620 12.37 OFFICE DEPOT INC 563442 20140623 20140620 169.98 OFFICE DEPOT INC 563442 20140623 20140620 187.91 OFFICE DEPOT INC 563442 20140624 20140622 149.95 OFFICE DEPOT INC 563442 20140625 20140623 6.84 OFFICE DEPOT INC 563442 20140625 20140623 46.57 OFFICE DEPOT INC 563442 20140625 20140623 136.46 OFFICE DEPOT INC 563442 20140625 20140623 155.09 OFFICE DEPOT INC 563442 20140625 20140623 189.60 OFFICE DEPOT INC 563442 20140626 20140624 145.80 OFFICE DEPOT INC 563442 20140626 20140624 179.97 OFFICE DEPOT INC 563442 20140626 20140624 279.21 OFFICE DEPOT INC 563442 20140627 20140625 36.45 OFFICE DEPOT INC 563442 20140627 20140625 54.84 OFFICE DEPOT INC 563442 20140627 20140625 181.91 OFFICE DEPOT INC 563442 20140630 20140626 2.92 OFFICE DEPOT INC 563442 20140630 20140626 74.33 OFFICE DEPOT INC 563442 20140630 20140627 4.18 OFFICE DEPOT INC 563442 20140630 20140627 4.25 OFFICE DEPOT INC 563442 20140630 20140627 17.60 OFFICE DEPOT INC 563442 20140630 20140627 64.99 OFFICE DEPOT INC 563442 20140630 20140627 78.96 OFFICE DEPOT INC 563442 20140630 20140627 272.25 OFFICE DEPOT INC 563442 20140702 20140630 19.98 Page 18 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140702 20140630 63.45 OFFICE DEPOT INC 563442 20140702 20140630 80.41 OFFICE DEPOT INC 563442 20140702 20140630 159.09 OFFICE DEPOT INC 563442 20140703 20140701 6.96 OFFICE DEPOT INC 563442 20140703 20140701 13.80 OFFICE DEPOT INC 563442 20140703 20140701 48.87 OFFICE DEPOT INC 563442 20140703 20140701 68.14 OFFICE DEPOT INC 563442 20140703 20140701 72.90 OFFICE DEPOT INC 563442 20140703 20140701 79.11 OFFICE DEPOT INC 563442 20140703 20140701 96.78 OFFICE DEPOT INC 563442 20140704 20140702 8.68 OFFICE DEPOT INC 563442 20140704 20140702 22.50 OFFICE DEPOT INC 563442 20140704 20140702 67.16 OFFICE DEPOT INC 563442 20140704 20140702 72.29 OFFICE DEPOT INC 563442 20140704 20140702 96.99 OFFICE DEPOT INC 563442 20140704 20140702 114.50 OFFICE DEPOT INC 563442 20140707 20140703 -23.12 OFFICE DEPOT INC 563442 20140707 20140703 24.23 OFFICE DEPOT INC 563442 20140707 20140703 26.60 OFFICE DEPOT INC 563442 20140707 20140703 27.72 OFFICE DEPOT INC 563442 20140707 20140703 54.00 OFFICE DEPOT INC 563442 20140707 20140703 58.09 OFFICE DEPOT INC 563442 20140709 20140707 15.13 OFFICE DEPOT INC 563442 20140709 20140707 24.30 OFFICE DEPOT INC 563442 20140709 20140707 167.88 OFFICE DEPOT INC 563442 20140710 20140708 7.54 OFFICE DEPOT INC 563442 20140710 20140708 16.70 OFFICE DEPOT INC 563442 20140710 20140708 -19.99 OFFICE DEPOT INC 563442 20140710 20140708 137.44 OFFICE DEPOT INC 563442 20140710 20140708 161.29 OFFICE DEPOT INC 563442 20140711 20140709 10.41 OFFICE DEPOT INC 563442 20140711 20140709 14.66 OFFICE DEPOT INC 563442 20140711 20140709 38.24 OFFICE DEPOT INC 563442 20140711 20140709 -54.84 OFFICE DEPOT INC 563442 20140711 20140709 140.82 OFFICE DEPOT INC 563442 20140714 20140710 47.99 OFFICE DEPOT INC 563442 20140714 20140711 6.29 OFFICE DEPOT INC 563442 20140714 20140711 6.78 OFFICE DEPOT INC 563442 20140714 20140711 10.37 OFFICE DEPOT INC 563442 20140714 20140711 18.16 OFFICE DEPOT INC 563442 20140714 20140711 30.49 OFFICE DEPOT INC 563442 20140714 20140711 71.22 OFFICE DEPOT INC 563442 20140714 20140711 183.10 OFFICE DEPOT INC 563442 20140714 20140712 4.58 OFFICE DEPOT INC 563442 20140716 20140714 3.69 OFFICE DEPOT INC 563442 20140716 20140714 8.59 OFFICE DEPOT INC 563442 20140716 20140714 25.74 OFFICE DEPOT INC 563442 20140716 20140714 66.91 OFFICE DEPOT INC 563442 20140716 20140714 69.77 OFFICE DEPOT INC 563442 20140716 20140714 95.92 OFFICE DEPOT INC 563442 20140716 20140714 242.49 OFFICE DEPOT INC 563442 20140717 20140715 37.49 OFFICE DEPOT INC 563442 20140717 20140715 79.99 OFFICE DEPOT INC 563442 20140717 20140715 126.58 OFFICE DEPOT INC 563442 20140718 20140716 46.34 OFFICE DEPOT INC 563442 20140718 20140716 131.82 OFFICE DEPOT INC 563442 20140721 20140717 7.78 OFFICE DEPOT INC 563442 20140721 20140717 19.90 OFFICE DEPOT INC 563442 20140721 20140717 27.73 OFFICE DEPOT INC 563442 20140721 20140717 38.64 Page 19 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM -111% VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140721 20140717 92.99 OFFICE DEPOT INC 563442 20140721 20140718 4.98 OFFICE DEPOT INC 563442 20140721 20140718 19.26 OFFICE DEPOT INC 563442 20140721 20140718 31.50 OFFICE DEPOT INC 563442 20140721 20140718 65.46 OFFICE DEPOT INC 563442 20140721 20140718 145.08 OFFICE DEPOT INC 563442 20140721 20140718 278.83 OFFICE DEPOT INC 563442 20140723 20140721 87.86 OFFICE DEPOT INC 563442 20140723 20140721 139.49 OFFICE DEPOT INC 563442 20140724 20140722 2.51 OFFICE DEPOT INC 563442 20140724 20140722 21.89 OFFICE DEPOT INC 563442 20140724 20140722 35.98 OFFICE DEPOT INC 563442 20140724 20140722 56.72 OFFICE DEPOT INC 563442 20140724 20140723 83.33 OFFICE DEPOT INC 563442 20140725 20140723 1.75 OFFICE DEPOT INC 563442 20140725 20140723 9.74 OFFICE DEPOT INC 563442 20140725 20140723 18.48 OFFICE DEPOT INC 563442 20140725 20140723 25.32 OFFICE DEPOT INC 563442 20140725 20140723 35.96 OFFICE DEPOT INC 563442 20140725 20140723 40.88 OFFICE DEPOT INC 563442 20140725 20140723 59.02 OFFICE DEPOT INC 563442 20140728 20140724 26.59 OFFICE DEPOT INC 563442 20140728 20140724 36.46 OFFICE DEPOT INC 563442 20140728 20140724 45.75 OFFICE DEPOT INC 563442 20140728 20140724 60.70 OFFICE DEPOT INC 563442 20140728 20140725 39.87 OFFICE DEPOT INC 563442 20140728 20140725 99.20 OFFICE DEPOT INC 563442 20140730 20140728 78.69 OFFICE DEPOT INC 563442 20140731 20140729 10.87 OFFICE DEPOT INC 563442 20140731 20140729 22.99 OFFICE DEPOT INC 563442 20140731 20140729 131.82 OFFICE DEPOT INC 563442 20140731 20140729 198.58 OFFICE DEPOT INC 563442 20140801 20140730 17.99 OFFICE DEPOT INC 563442 20140801 20140730 24.13 OFFICE DEPOT INC 563442 20140801 20140730 25.62 OFFICE DEPOT INC 563442 20140801 20140730 73.86 OFFICE DEPOT INC 563442 20140801 20140730 79.17 OFFICE DEPOT INC 563442 20140804 20140731 14.30 OFFICE DEPOT INC 563442 20140804 20140731 19.99 OFFICE DEPOT INC 563442 20140804 20140731 20.50 OFFICE DEPOT INC 563442 20140804 20140731 55.97 OFFICE DEPOT INC 563442 20140804 20140731 68.89 OFFICE DEPOT INC 563442 20140804 20140731 113.11 OFFICE DEPOT INC 563442 20140804 20140801 3.45 OFFICE DEPOT INC 563442 20140804 20140801 9.94 OFFICE DEPOT INC 563442 20140804 20140801 24.99 OFFICE DEPOT INC 563442 20140804 20140801 40.84 OFFICE DEPOT INC 563442 20140804 20140801 65.63 OFFICE DEPOT INC 563442 20140804 20140801 107.96 OFFICE DEPOT INC 563442 20140804 20140802 59.33 OFFICE DEPOT INC 563442 20140806 20140804 26.69 OFFICE DEPOT INC 563442 20140806 20140804 30.15 OFFICE DEPOT INC 563442 20140807 20140805 15.80 OFFICE DEPOT INC 563442 20140807 20140805 104.99 OFFICE DEPOT INC 563442 20140808 20140806 12.72 OFFICE DEPOT INC 563442 20140808 20140806 109.42 OFFICE DEPOT INC 563442 20140811 20140807 -10.87 OFFICE DEPOT INC 563442 20140811 20140807 38.29 OFFICE DEPOT INC 563442 20140811 20140807 75.96 OFFICE DEPOT INC 563442 20140813 20140811 153.59 Page 20 of 21 P D FConvert.22091.1.Office_Depot_spending_09.09.14.xls PIVNM VENDOR PIPONO PODATE INVDATE AMOUNT OFFICE DEPOT INC 563442 20140813 20140811 177.98 OFFICE DEPOT INC 563442 20140815 20140813 21.42 OFFICE DEPOT INC 563442 20140819 20140817 16.23 OFFICE DEPOT INC 563442 20140820 20140818 7.59 OFFICE DEPOT INC 563442 20140820 20140818 61.31 OFFICE DEPOT INC 563442 20140821 20140819 8.08 OFFICE DEPOT INC 563442 20140821 20140819 45.49 OFFICE DEPOT INC 563442 20140822 20140820 40.17 OFFICE DEPOT INC 563442 20140825 20140821 4.69 OFFICE DEPOT INC 563442 20140825 20140821 4.88 OFFICE DEPOT INC 563442 20140825 20140821 10.67 OFFICE DEPOT INC 563442 20140825 20140822 2.65 OFFICE DEPOT INC 563442 20140825 20140822 12.17 OFFICE DEPOT INC 563442 20140825 20140822 13.98 OFFICE DEPOT INC 563442 20140825 20140822 35.00 OFFICE DEPOT INC 563442 20140825 20140823 40.00 OFFICE DEPOT INC 563442 20140825 20140823 80.00 OFFICE DEPOT INC 563442 20140827 20140825 86.89 OFFICE DEPOT INC 563442 20140828 20140826 1.45 OFFICE DEPOT INC 563442 20140828 20140826 41.97 OFFICE DEPOT INC 563442 20140828 20140826 55.44 OFFICE DEPOT INC 563442 20140828 20140826 103.99 OFFICE DEPOT INC 563442 20140829 20140827 401.91 OFFICE DEPOT INC 563442 20140901 20140828 19.79 OFFICE DEPOT INC 563442 20140904 20140902 42.40 OFFICE DEPOT INC 563442 20140905 20140903 10.20 OFFICE DEPOT INC 563442 20140905 20140903 59.42 OFFICE DEPOT INC 563442 20140905 20140903 91.54 OFFICE DEPOT INC 563442 20140905 20140903 198.35 OFFICE DEPOT INC 563442 006311 EPAY 20131004 445.05 19 OFFICE DEPOT INC 563442 006363 EPAY 20131018 696.92 OFFICE DEPOT INC 563442 006399 EPAY 20131025 247.81 OFFICE DEPOT INC 563442 006496 EPAY 20131115 767.88 OFFICE DEPOT INC 563442 006584 EPAY 20131206 461.41 OFFICE DEPOT INC 563442 006643 EPAY 20131213 385.20 OFFICE DEPOT INC 563442 006785 EPAY 20140119 1,059.35 OFFICE DEPOT INC 563442 006846 EPAY 20140124 711.40 OFFICE DEPOT INC 563442 006917 EPAY 20140207 119.90 OFFICE DEPOT INC 563442 006979 EPAY 20140221 545.65 OFFICE DEPOT INC 563442 007042 EPAY 20140307 846.83 OFFICE DEPOT INC 563442 007109 EPAY 20140314 599.53 OFFICE DEPOT INC 563442 007260 EPAY 20140411 1,061.86 OFFICE DEPOT INC 563442 007422 EPAY 20140509 538.83 OFFICE DEPOT INC 563442 007519 EPAY 20140530 728.74 OFFICE DEPOT INC 563442 007586 EPAY 20140613 46.59 OFFICE DEPOT INC 563442 007689 EPAY 20140703 745.27 OFFICE DEPOT INC 563442 007768 EPAY 20140718 3,266.39 OFFICE DEPOT INC 563442 007866 EPAY 20140808 49.96 Page 21 of 21 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: September 3, 2014 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 CHANGE ORDER NO.NSEALAND CONTRACTORS CORP./PROJECT#2009-009 BACKGROUND Consider a recommendation to approve Change Order No. 3 to Sealand Contractors Corp. for a nine (9) day extension of time; and retroactive approval for some additional work and approval of new additional work items, detailed below, in the total amount of$111,592.56 to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project#2009-009. On December 11, 2012, Commission approved a contract award (Bid #2012-21) to Sealand Contractors Corp., in the amount of $12,486,967.77. The scope of the project includes: general modifications to US-1, reconstruction of two (2) blocks north and south of Atlantic Avenue, milling and resurfacing; new decorative street lighting; bump-outs; drainage modifications; landscaping and irrigation; underground traffic signal interconnect system; signal loop replacement; and water main improvements. The contract includes an Undefined General Allowance of$500,000. On June 4, 2013, the City Commission approved Change Order No. I for construction and material testing, per FDOT specifications which require that the testing be provided by the contractor as opposed to the city contracting with an independent lab for this testing. The testing amount of$96,816.50 was funded out of the contract's Undefined General Allowance. On May 6, 2014, City Commission approved Change Order No. 2 for a nine (9) day contract time extension; additional scope/materials to include: utility pipe, barricades and sinkhole repairs. The total cost, in the amount of$56,283.84, was funded out of the contract's Undefined General Allowance. This Change Order No. 3 includes additional work, using unit prices, per contract line items. In addition, CO #3 includes a new pay item for the removal and replacement of a manhole and the repair of leaking piping. The cost, in the amount of $111,592.56, is to be funded out of the contract's Undefined General Allowance; which has an available balance of $346,899.66. Exhibit "A" (FDOT Work Order)to CO#3 provides a detailed breakdown of the additional work. The additional work items that were completed, the installation of water services to the currently vacant properties along the project corridor, needed to occur to avoid delay of the project's surface improvements; and to avoid additional expenses to re-excavate and install water services with future development. This was done with the understanding that FDOT will be severely restricting the ability for future developments to disturb the new roadway for a period of five (5) years after completion of the project. Change Order No. 3 is in compliance with Code of Ordinances, Chapter 36, Section 36.06, "Change Orders", (A) (1) Beyond Scope of Work and (3) Extension of Completion Dates. Change Order No. 3, Change Order No. 2, Change Order No. 1, Allowance Spreadsheet and a location map are attached for your review. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before Commission is ratification of Change Order No. 3 to Sealand Contractors Corp. for a nine (9) day extension of time; and retroactive approval for some additional work and approval of new additional work items, in the total amount of$111,592.56 to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project per Code of Ordinances, Chapter 36, Section 36.06, Change Orders, (A)(1), Beyond Scope of Work and (3) Extension of Completion Dates. TIMING OF THE REQUEST This item is time sensitive; contractor cannot proceed with new additional work items until approved by Commission. FUNDING SOURCE Cost to be funded out of the contract's Undefined General Allowance; which has a current balance of $346,899.66. RECOMMENDATION By motion, approve Change Order No. 3 to Sealand Contractors Corp. for a nine (9) day extension of time; by motion retroactive approval for additional work; by motion approval of new additional work items and by motion approval for the total amount of $111,592.56 to be funded out of the Contract's Undefined General Allowance; for the Federal Highway Beautification Project. The Code of Ordinances, Chapter 36, Section 36.06, Change Orders, (A) (1) and (3) requires City Commission ratification of the change order. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 PROJECT NO. 2009-009 DATE: PROJECT TITLE: Federal Highway Beautification Project TO CONTRACTOR: Sealand Contractors Corp. 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: A nine(9) day extension of time, due to inclement weather, and additional or change work items; listed below and summarized on the attached Exhibit "A"(FDOT Work Order); and detailed on the attached Exhibit `B" (Recommendation Letter from R_J. Behar, Construction Engineering and Inspection Services Consultant)_ Total net cost of 5111,592.56 to be funded out of the Contract's Undefined General Allowance Line Item. Item#1 Contract Time Extension(3 days) Item#2 Additional Type III Barricades Item 93 Additional High Intensity Lights Item#4 Additional piping needed to avoid existing water main conflict Items 45 Additional utility pipe to address field conditions Items#6 ­911 Additional items needed due to field conditions and the installation of water services to vacated properties;to avoid future roadway excavation Item#12 Add new pay item CO-03-01 removal and replacement of manhole;repair of leaking piping and contract time extension of 6 days SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 12,486,967.77 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 12,486,967.77 COST OF CONSTRUCTION CHANGES THIS ORDER 0.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 12,486,967.77 TOTAL CONTRACT TIME WILL BE INCREASED BY 9 DAYS 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. Sealand Contractors Corp. (Contractor to sign& seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA—To be funded out of Contract's undefined Genera[Allowance Line Item DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental Services Cary D. Glickstein, Mayor ATTEST: APPROVED: By: City Attorney City Clerk STATE34r.RO.RIDADEPARTIAOSr:OPTA MSRORTATM. 70M1 0-M . . ... ... �onrau 4 .a WORK ORDER 0d113 Page 1 of 4 Suppletental Agreement No." Work Order.No.**3 Fin Ptni. D 42041 27-1-aF-01 - --- Co.%ract`NP.:AQM-?2 Gate 81412014 F.A.P. No 4854080P Road No.SR:5 Contractor Seaiand Contractors Corp. DESMPTiON OF WORK- rrer-rtsri items 11 Type III €3arricadesJ3- High Intensity Lights,153-Utility Pipe WaterlSewer 8°- 19. , 165- utility Pipe VlaterlSewer V-4.9":,169-Ut€Tity Pipe Removal,170 t-Itifty Fittlrt.g, .F&i Elbow W-19.9.1,76-Utility Fixture, :F&I Tapping SadctlelSleeve 2W4.9"1180-UtiRy,Fixture, FM Line Stop Assembly 5"7.9".Add 1 day'ta the cpntract'for Breather delays affecting controllingAvork items more than 50%,Arid 2 days to'the,contract due Delray Fair and add 6 daysto:lhe contract for additional scope af'work.. RERSQN- After twelve (12).months of construction on the Federal Highway Beautification Project, there have been game-..additional work elements-added to the ars - yinal intended project:scope.':Contract hme was extended from 31.0 days to 790 days,. -however some of the items wore never reprised taking Phis time extension into account. During construction the Gity sta#f oetecteo wator sarvi.OeS r ceded 031 vaacatad l3coper ies ar,6 also;U l ui ure ipatF'.Y ay e Cava'lan is F rciCrrG uM-I s r;COS WS"a added:(see page 4 Q14) Revised Plan Sheet Nos_ N/A Granted time.due log delays to controlling items.cif work stwwn an approved work schedule::g days TOTAL C©STOF'd11rQ:RI(: $111,592,56 . Premium Cod: $0.00 . Amount to;be:paid.f rn Lump Sum Qontingency SA.or Pay Item.shown above: Work described`_results.from a Dosign Error or Qnsissior: [1yes ).No NIA when funding by contingency,pay item •,Ntzmber`Work:Orders an a,Confingency pay.horn sequentially beginning with 01,,02,03,etc. For each`subseguent ContingenoyS-4ppiemental.Agreeinent:(CSA}restartIhe numbering of the Work Orders on that CSA sequentially beginning with 01 i 0Z 03,etc. E Costs negotiated;work sheets documenting negotiated costs and basis for costs attached. OR 0.Gosts based on;actual costs plus mask-ups as:shown in above referenced Contingency:Supplemerftal Agreement; work-sheets iteini4ing.costs:attached. lf,prior to execution of this.Work Order, the Department has not'issued-a Notice to Proceed to the Contractor for the work outlined:hereir,,execution ution.of this docutnent.b�y.the Department shall serve as.the Notice to:Proceed. The Department and the Contractor agree that the contract time adjustment and .sure agreed to in this dcicument constitute .a full and complete settlement. of the matters set forth. Herein; including all direct and indirect costs for equipment,manpower r materials,overhead,'profit., and delay relating to the issues set forth in this-doicument Printed Name: Theodore Dietz r igna Title_ Project Mana er ti Dater _ Printed Name: David Romano.PE FD©T or G i Titie> Senior P. iect Eri hiker Date- 9 � 71-2 Approved: _.Zrr1y Ff--l►tilA Date F€-IWA:Particlpationz � t Mon Patticipatii t.� 4 .ter y Premium Ccrt is d0ined as which muld.not have been incurmd if;the vmrk described herein had been indiudedi in the original contuact Attach reasons)uatltying FHWApartl ipatidm- the 01_1I8,pdV+W0 i i STATEOF FLORIDA DEP...ARTMENT OF TRANSPORTATION 700-OI G90 WORK ORDER CONSTRUCTION Page 2 of 4 Supplemental Agreement No.* Work Order No_**3 — Fin,P-roi.Ili X12041.2-1-58-01 Contract Pao. AQM-22 Date 7124/20114 F.A:P- No:48540802 Road No.SR 5 Contractor Sealand Contractors Corp. DESCRI.PT1ON OF WORK(continued): EXISTtt<IG.ITEti1S ARE UTILIZE[1:; I-AddThreis(3)calendar d 'to the contract time as follows: Two (2) calendar days for site preparation as a result of the Delray Af=fair local event.and one (1.) recorded weather.day, as per(*DOT Roadway and Bridges Specifications 2010 Section 8-7;;3.2-1 Contract Time Extensions.There is zero"D"cost associated with this item. 2-Overrun Pav Item No.11 (1102-74-.2)_Add 2280 Parricades, (Typo 11 D,('as Lump Sum for a cost of $2_280.M :Contract time was extended from 310 days to 790 days,however item no. 1`02-74-2 quantity was riever revised taking this erne extension into account. 'Original plan quantity of 291 Was under-estimated;also traffic conditions, contractar construction methodology;and multiple work zones warrant the need.for additional Rar.ricades to maintain a:safe project. environment.Total cost$2,280-00 3 Overrun Pay Item No-13(102-77).Add 12980 High Intensity Flashing Lfghts as Lump Sum for cost of$6;490,00, Contract time was extended from 310-days to 790.days.,;:however item no. 102-77 quantity was never revised taking this time extension into account. Original plan.quantity of 3494 was under-estimated;also traffic conditions,en.ntractor construction methodology,and multiple work zones warrant the need for additional Barricades to maintain a safe project environment.-fetal cost'$6,490.00 4- Overrun Pay'Item No.64 (430-175-224) Elli tical 24= original :Plan quantity of 4 L and final quantity will be 49 LF; As per Article 11.2 of the Contract(GC-27) additional pipe was necessary to avoid an existing svatot main conflict at Sts... 1831+00. The FOR was consulted and.agreed with the field modification. The cost related to this iterri is for an additional. 45 LF at$400 LF giving a'total cast of:$18,000.(70. 5-Overrun Payeltern No..163 f105f1-11-224 Mility Fie F&I Water#Sewer 8'-19.9'—original-Plan quantity of 3;4$8 LF and final.quantity is 3,:598 LF; As'per:Article 11.2 of the Contract(GG-27)the City staff requested additional quantities not shown orcontemplated'rn the onginai plans to address field conditions._The cost related to this item is additional 110 LF at $100 per lineal.feet giving a total cost of$11,000-00. 6- Overrun Pay Itern N6.165.(1050-11-322) Utility Pie F&I Water/Sewer 2"-4.9 Original Plan .quantity of 25 L-F and final quantity is 125 LF;As per Article 11.2 of the Contract(GC-27)the City staff requested additional,quantifies riot.shown -or contemplated.i;h the original plans to address field conditions and installation of water services to vacated properties and avoid future roadway excavation.The cost related to this:item is for an additional 1.00 LF at$$5 per lineal feet giving.a total cost of $5,500.00.. 7- Overrun Pay Item No 169(1050-11-004)Utility Pipe,Remove and 6�isoose S"_�9�9"—Original Elan quantity of 1,252 LF and`final quantity is 1,294 LF;As per Article 11.2 cif the Contract.(GC-27)the City staff requested additional quantities not shown or contemplated in the original.plans to address field conditions and installation of water services to vacated properlies and avoid future roadway excavation;The cost related to this item is for an;additional 42 LF at$6.50 per lineal feet giving a total cost of$273.00.. 8- Overrun Pair Item Pin 170 (1065-11-414) Utility FK ing, F&I Elbow WI-19.9"—Original Plan quantity of 68 units and final quantity is 77 units As per :Article 11.2 of the Contract (GC-27) the City staff requested additional quantities not shown or contemplated-in the original .plans to address'field conditions and instatiation of Mater services to vacated properties and avoid future roadway excavatiori.The cost related to this itern is for an additional 9 units at. $500 each giving,a:total cost of$4,500:011. 9. Overrun Pay Items-No.176 J1080-11-203) Ultifity Fixture F&I Ta lnq Saddle/Sleeve 2-4.9"—Original Plan quantity of 1 unit and final q€iaritity is :5 units; ,As per Article 112 of the Contract (GC-27) the City staff€ requested additional quantities not shown or contemplated in the original,plans to address field conditions and i.nstaliation of water services to vacated properties and avoid future:roadway excavation,The cost related to this item=is fr r.an additional 4 units at$400 each giving atotal cost�of$1,60OM F STATE OF:FLIMiBAD�.PAATWNTOF-&NSPOR7ATION 700-OtD-00 WORK ORDER ces�T�ucria� o4rs a 10-Overrun Pay Item Na..180 1080-11-3Q7 Utility Fixture F&I Une Stop Asse€bl 5"7.9"-Qriginal Plan quantity of 2 units and final quantity is 7 units, As per Articie 11:2 of the Contract (GC-27) the City :staff 'equested additional quantities noczhown-or contemplated in the original plans to address field conditions and installation of'wate:r services to vacated propezties and avoid future roadway excavation.The cost related to this item isfor.an additional 5 units at$7,00.0 each gMng a total cost of$35000-00. 11-Over-run Pa Iterrt t`lo,�84 �t18(1=i.1-4Q7 t#tii' Fiore 1'&I Litre Stop Assembly 8 19.9"--Original Plan quantity of 12 units and final quantity is 13 units:As ;per :Article 11.2 of the Contract (GC.-27) the City staff requested-additional quantities not shown or-contemplated in the or€gin.al ptans to address field conditions and installation of water services to vacated properties and avoid future roadway excavation, The cost:related to this item is for an additional 1 unit at$9,300 each giving a.total cost at$9,360-00. NEW ITEMS 1-Add Pa 0te.rn Cif-03- ..Add$1'7,649.56_and 6.days to the qontract as Lump Sum for the cost of labor,equipment and material to be used on the removal and reolacoment of a J-7 manhole,a 39'leaking RCP pipe and.a 18":leaking.:RCP pipe located at Sta. 1331+50 on SE 6t'Ave.. FDOT will fully participate on this cost. Summary: Chancre Order 3 Cost:$111,592.56 Change Order 3 Credits$tl Total:Ara cunt of Chary-ge Order 3: 11.1,592.56 Time Extension: Nine(9)Calendar lays. 6TXTFOFR.OR IPAPEPARTMEi+ITOFTAANsPORT?TION - a WORK ORDER 04711 Page 4 of 4 Supplemental Agmement No.* !Mork Order No--3 Fin Pro},'ID 4204'1.2-1-58-01 Contract.N.o. AQM-22 Date 7/2412014 F;A_P. No.4854080P Road No. SFI 5 C-ontractor Seaiand Gor tractors Coro. :14EASON�coritinued White in canstructiori.Project Team detected several locations'where the roadway was shot(Ing sortie settlement, and further investigation showed that drainage pipes needed to be upgraded because the joints were:}eaking.:Du.ring progress No 23 meeting ft:was:agreed to add 2 calendar days to the contract.time due to the Delray Affair festivities. ;. � & conaparty,' . September 2, 2014 Mr-Rafael B'allestero Deputy Director of Construction City of Delray Beach 434 South Swinton ANItnue Delray Beadh,FL 33444 IZE: Federal Mghway Beautification Praiecr (LAP City dDelxay Beach) FIN: 420412-1-5801 &420412-2-5801 City of Delray Beach Project: 2009-009 County; Palm Beach Contractor.;. 'Sealand Contractors Coiparatinn,.?nc, subject: Recommendation for Approval of Change Order No-3 R3B LETTER NO. C-026 Rev. Please allow this :letter to serve As our ree-omrnenclation to approve the additional work:and time equeswd by Sealand Contractors Corporation, Inc.; related to Change Order Niim ber .(3). After twelve (I2) months of construction.:on the Federal.Highmray Beautification Project, there have been sortie additional work elements added to the original intended project scope. Below is a synopsis of each particular.item that is being incorporated into this change order request, .1-Add Three (3)-calendar days to the contract time as follows: Two (2) calendar days for site preparation as a result of the Delray Affair.local event, and aria:(4) recorded weather day, as per FDOT Roadway and Bridges Specifications 2010 section 8-7.x.2-1 Contract Time Extensions.There is zero"3„ cost associated with this item_ 2-Overrun Pay ligm Nom_(I 62-74-2)Add 2280 Barricades., (Type ll`I),6'.as Lump Stem for a cost of $21280.40: Contract time was ex<ended from 310 days to 7.90 days, however item no, 102-74-2 quantity was never revised taking this time.extension into account. original plan quantity of 291 was under- estimated,.also traf€ic-canditbns, contractor construction methodology, and multiple work zones warrant the need for additional Barricades to maintain a safe projectenvironment.Total cost'$_21280.09 3-Overrun ELa y iterst file:1_3(102-77 1.Add 12980 High Intensity Flashing Lights as Lump Sum for a.cost. of'S6,494 :00. Contract time was extended from 310 Clays to 790 days, however item_no. 102-77 quantity .was never revised taking this time extension into account. Original plan quantity of 3,494 was under- estimated, also traffic-conditions, contractor donstrwctia;n methodology, and multiple work zones warrant the need for additional'high intensity:lights to:maintain..:a;safe project env.ironrne.nL Total cost$6,4913.06 4-Overran Pa Item No 64(430-175-224) Elli ticat'24"-Original Plan quantity of 4.t_F and final quantity will be 49 LF; As per Article 11.2 of the Contract (GC-27) additional pipe was :necessary to avoid an existing water main conflict at Sta. 1831+00, The FOR was consulted and agreed with the field modification. The cost related to this itern is for an additional 45 L.F at $400 Lt✓ giving a total cost of $1 x.,04343:4343.: 6661.S.11tif, I.26t`Avenue, Suile.302 Pembroke Pines, FL 33332 Tel.:954-680-7771 Fax- 954 680-778`1 &Overrun PR M. item NoA63 '0050-11-224) Utility Pipe, FBeI ' ater/Sewer_8"_'t9.9"— Original Plan quantity of 3,488 LF and final quantity is 3,598 LF; As.per Article 11:2 of the Cortract t(:GC-27) the :City staff requested additional quantities not shown or contemplated in the original. plats 'to address field conditions. The cost related to ttis item is additional 110 LF at $100 per lineal feet giving a 'total cost of $l'i,000.Cii}. 5- Overrun Pa. 'Itern X10.165 1656-11-322 Utility Pii F&I WatertSewer 2„-4.9"-- odginei '.Plan quarility of`25 LF .and final quantity is 125 LF As per Article 112.0f the'Contract EGC-27) the City staff ,requested additional quant€ties not shown orcontemplated in the original:plans to address field conditions and installation of water services to vacated .properties and avoid future roadway excavation. The'cost related to this item is for an additional 100 LF at$S5_per lineal feet giving;a total,cost of$5,500.04. 7-Overrun Pay Item No:1-69 1850-11-004 Utility Pie Remove and Dispose l3"-'I s.9"—Original elan quanfIt7i of 1,252 LF and final quantity is '1;294 LF; As per Article.11.2 of the Contract(GC-27)the.City staff requested additional quantities not shown or contemplated in'the original plains to address field conditions and installation of water services to vacated;properties and avoid future roadway excavation. The cost related to tf is intern Is for an additional 42 LF at$6.50 per lineaA feet giving a total cast. $273,00. 8- Overrun Pay Item ltiv,170 11 55-11-41N:.Utjfity Fitting. F&I Elbow 8 -19.9"— Original Plan quantity of 68 units and final .quantity is 77 units;. As per Article 11.2 of the Contract (GC-27). the City staff requested additional quantities not shown or contemplated in thie.original plans to address field conditions and installation of water services to vacated properties and avoid future roadway excavation. The.coast related to this item is for an additional 9:units at$500 each giving a to:ta cost of A00:40. 9 Overrun Pa Item N0.176 '1080-11-2#33 Utility Fixturej F&I Tapping. SaddleMeeve 2-4.V— Original Plan quantity of 1 unit and final quantity is 5 units- As per Article '11:2.of the Contract(GC-27)-the City staff requested additional:quantifies.not shown or contemplated in the original plans to address field conditions and instai'latian of water services to vacated properties and avoid.future roadway excavation,. The cost related to this'itern is for an additional 4 units:at$400 each giving a total cos#of$1j600M. 10-Overrun Pay Item'No.180 1080-11-307 UVRIty Fixture F&I.Line Stop Assembly 5"-7.8"—Original Plan.quantity of 2 units and final•quanffly is 7`units; As ,per Article 141.2 of the Contract (GC-27) the City staff requested additional quantities not .shown or contemplated in the original plans to .address field conditions and installafion .of waiter services to vacated properties and avoid future roadway excavation. The cost related to this-item is for an.additional 5 units at$7,000 each giving a total cost.of$35,00D.M. 11- Overrun PAy item No-184 1080-41-407) Utility Fixture .FM Une Stop Asseitnbl 8„-1.9 Original Plan quantity of 12 units and final quantity is 13 unfts, As per Article 11,2 of the Contract(GC 27.) the City staff regi:rested additional quantities not shown or contemplated in the original plans to address field conditions and instaliation of water services to :vacated properties and avoid future roadway excavation. The cost.related to this item is for an additional 1 unit at $0,300 each giving a total cost of $3;30:E1m. NEW ITEPIM .-Add,Pay item 0041341. Add$ 17.6413.5.6 and 6 day=s to the eantract as Lump Sum for the coos#of labor,equipment and material to be used on the removal.and repiarernent of a J-7 manhPie, a 30” leaking RCP pipe and an 13` leaking RCP pipe located:at Sta. 1831+.51D on SE 6"Ave-FDOT will fully participate with this added project cost. 6861 SM. 190 Avenue,Suite 302 Pembroke Pines, FL 33332 Tel.:954-680-777. Fak.. 954-680-7781 3 td c .. . e ar & Company, .Ins SUMMARY Cbange Order 3 Cos& 111,502,56 Change Order 3 Credits �. Total Ainount of Change Order No_3: 11159 55 Time Extension: Nine M -Calendar Days R.J. Behar & Company (R.J. B-ehar) has reviewed the<change. order loo.. 3 documentation and z•ecor mends at this time to the City of.Delray Beach their e. onsent for approval. Should you have any questions regarding this progress estiia ate,please feet free to rcontact.me.. Sin avid'G. o_ PE Sr. Project Engineer. Enclosures: Weather report. -Request.from the contractor. Contractor; City, CEI and FDOT correspondence;: 6861 SM. 196r"Avenue,'-Suite a02-Pembroke Pines,FL 33332 Tel.954-680-7771. Fax_964-6817-7.781 Rafael Urda€ eta Frain Theondare J Dietz[tdietz @sealandeontfactors:enm] Sent: Wednesday, July 02,201.4 2:57 AM To: Rafael U:rdaneta �: 'Joe:#c6dwski` -b}ect: RE. Fed Hvey Beaot 2009-009 Weather Day June 20:.14. Attachments: Theodore(Ti--d)J Diet7-2 vcf Rafa, Sealand respec fully requests l F Bather day be added ro tht Fede=-'al Hi way 13eautii-icatioi con tract;The:date requested are as follows 6112/2014."n-)e appropriate VVEP''instection report is our evidence to.subsTan:tiate ft-is regrxest Please let me know if There are any questions: Thank you, Ted F T heo:dare-&e:d}],.<Diet z E Cont amass app 3 57(31 h;,Dxie"ghway 13 Raton,FL 3,487 (55 )997-6-715 V OJ (551 99I-571?Fax i954}9 5 s7a F t = 1 ' . o c a c ..9 e mt1�:a m m cy _� 3S 9 y0 ji CL m IN CtJ 'Ni C', LILIM as ci - - w co N t- h Cy .o,a b m poo IC im LO z AD to I to to .9 2 « m y cy- cat 04 °w ,g L im �.c a 1.14 VA ID 9 m�nmma�o.�eL�1�iFMs75 F. s.E o > Cl O C7 �;. m $ c c t _, aE o Rio 0 j .. t- Cif m I 19 1� c m € , m w r . 91 % R-i&— T 'f;CE: ._ rn gam _ a 0 C?0 ' o m AD c �° g L +° * c- 5 m m am OL 06 Qum. a .� �rn c,o o Coln ti c s W m Co lz tc � Ir E __ Rm 1 E o_ .0 o m MW AD EOL Ili, `709 W Caltw 5 S:re'et !arlolt ,tbr$Ca.roim21K96 § Of 7-04)15522-110-2. g Fax (70i4j 522-t" ? Wed y,.August 06,2014 Mr.David G..Romano,RE. Director.Constn ction.management RJ.Be17ar&Company..,Inc. 6681 SW'19&Me,.Suite 302 Pembroke Pities,FL:33332 Federal. ighway Beautification F. M-#420432-1�58-0 1.&.42.1412-2-58-.Gi :Project Number 21094)09 As you are aware,-we have overrun a number of MOT items,TbM items:are necessary for tlie,protection cat the motoring and walling public,and we respectfuify request they be increased'to coniptete the.pro>ject; Unit Days Qty to Items item UM Price QtyADay RenuaWng Add Total Dollwms 'i 1 Bamicade(Type II1) ED Si-0 4 570 .2280 $2=M 13 High Intensity Flashing;Lights ED. $0.50. 22 590 12981. $6,4900 Total $8,770.00 The table above is based on the established daily quantifies+ 10%for.the items and the contract days remaining since the..overruns t cedred.Please add the quantities and,dollars shown to the contract tine items:sbown in the table. If there.are any questions please call.me at 5€i1.997:6715 Sincerely, SEALAND CONTRACTORS CORP. 4 1 eodore J Di= eject Mang cc:V1nceat:1..I3iF1MspeM.Jr. File (5-25)359"9242 : High T-e&,Drive � 1':�. BOX 35C e. R t1,New Yol 14543- � � '��51 X59-43ftLs MAW COAL' .. - f i£ GF rl tie, rloftb cat n 2820.- 3ffioeqn4)522-1 1 2F 1= ( � ffa Wednesday,August 06,2014 Mr.David C.Romano,P.& Director,Construction Management R.3.Behar&Company,Inc.. 6681 SW 196"..Ave,Suite 302 Pembroke Pines,Fla,33332' Federal Highway Beautification FM#X120412-1-58-01 &4204.12=2-58-0.1 Project Number 2€0.9-009 Mr.Romano,, We have completed the water main work for the project:I have reviewed,my quantities with Mauricio and we have identified 7 ite=that bane"overrun.Below is a.table and descriptions for each overrun identified. Contact F€na1. Over Item Des erlption OW Un1t Price Tel runs: Dollars to Add 153 Utility Pipe,F&L PVC,Water/Sewer,S"-19.9" 3,49.8 S1ll(7. D 3598i 110 $11,000.00 165 Utility Pipe,F&L-PE;WatWSewar,2"11.9" 25 $55.00 125 100 $5,500M 169 Utility Pipe,Remove&.Dis se,:8°-13.9" 1;252 $6.501 1294 42 $273,00 1170 Utility Fitting,pF p&,�I,DU(CL Elbow.9%49:4"/[ 68 $/500./00 77 .9/p 4;550](0�.(C'1{G 1.76 Lltilty Fixture,F'&L 2-4Y!,Ta p_mgSadd1e/S1wVe l 4WT.+�+-00 5 '4 $1,600.001 180 Utility Fixtura,FBcl,5"-7.9",Line Stop Asseaiibly 2.. $7100(1:013, 7 5 $35,000.0€7 184 Utility%t=,F&L 8"-19;9%Uyw Stop A:ssenibly 12 $9,3170: 13 $9;3t30.D�J Overruns foritem 163- L) Addidonal 131;F of pipe Sta 1910+03. o:Sta.1 811 4-06 requested by city:to eliminate cast uonpipe and unrestrained valve. 2:) Additional 6 LF,Plan Sheet U-10 was incorrectly tabulated on U-5 3) Additional 10 LF 1822+78:to I8=+88 conflict with pipe beft 4-) Additional 4.LF Sta 1825+99:zo 182641 dine to cast iron pipe cracking:when cut 5:) Additional 2'1.LF of 8"SE'l"'Se Sta 1 05+67:1 to 105+88,pipe eras incwreetly-identified as 6'pipe, was S" 6.) Additional 20 LF,EPlan Shut.U-21 was incorrectly:tabulated on U-5 7.) Additional 18 LF Sta'105+32 to Sta 105+50 requested by city 8,) Additional 1:S LF Sta,'1891+56 to Sta 18 31±74 tie-in Was its eon liet with stort drain work Oyeit'mns Lor item 165: 1,.) 451F Added by City Sta 1832+110 2.) 12 LF Added by City Sta T888+60 3) 21 LF Added by-City S-M 19{12+00 4.) 21 LF Added by City Sta:1902+05 (5 X 9242 - WHigh.Tedb Drive _ P.O.Box 1;4542-03,50 e FP-,x SaS)359,4808 Rafael Urdanefa Frosts: Peterson, Richard t ichard:Peterson.@dot.state.f.usj Sent: Tuesday, June 17, 2014 3:08 PM To- Daniel, Ellen Cc: Kelly, `lanique„ Muzicka,Thomas A. Preite, Dennis; .lames, David;Rafael Urdarleta;David Romano;Hermany, Brian Subject: Drainage-Delray LAP Attachments- fMG 11:59.jpg i Follow Up Flag; Follow up .Flag .Status f=lagged. Ellen, Per our prior conversations regarding-the.FDDT drainage facilityisSUes Within the betray project,-oversight requested, receivetl.and reviewed the.proposal presented by:the project team to.replace 50 LF-.of 18" RCP—.45 LF of 30" RCPT—{1.),.t- 7 manhole structure. It was determined that full reconstruction.was:less expensive than ptoc.eedingwlth pipe Fining: Contract pricing for pipe lir in;g: 0-24" - $320.00I 2S -36"- 'Ze180:00 LF Reconstruction proposed costs were confirmed to be existing contract pricing. Item#€04:(:Plate Rental) is for the cost to esafe up"the area until corrective action takes place. Item#05 is disposal cost forthe existing pipe and structure. Items #08--09--10 represent-MOT and;restoration costs. Total cast to the Department-$17,54'x.56(below) The remaining areaf item of concern: L The 24`r pipe which connects to the west side of the existing structure.This section connect 5"'&.e Ave., running:al.ong SE 6F St, The roadway surface shows.multiple patch areas where.it appears repair work has been ongoing.Di ring:our meeting,you indicated that District drainage could mobilize and vide.o.this pipe run to determine its condition, Rubin's°team may have already com:*ted this work. if issues exist within this 24"pipe run, please advise so that it can be combined with the proposed work below. The project staff is readyto move forward with thre.reconstruction work at 611,Ave..&5E.6�h St. 'Please advise. r `}33 arm 51D OT- :Uw DmrT 13m AMOU i Ir sgcpp 45,DM LP s M E i_ Ls- Emm 1.00D L8 i t o Ls 12-am IN . F�t�rm°r� -• z 137-64 aaw Ica 2 r � TillimDoff END CURB TTER 49EGIN CURB & CUTTER CONNECT TO EXISTNG I TA .102+ 4 7A f4° 7. SYAVFr .SE 6TH ST E RE T 1 � e O SWK s PIPE _ R 7 AND S ,+ ' ' gp`,l��y°aIs-ST --P � ��� � � � � drys 1F INLET @ & �pPA - T it r-_ ° 1 `. f i a PA 783 0 AV 1 - 771 fF }Y �ggy Nk�yPg 1.. 8 3 LWJ _ V'+ • t L 1 k - -41 e 77f 638 END rRENCH . BEGIN M Nctf [TYPE 11) S TA 1830+91 MAIN frYPE 1 � a SURVEY T LIMIT AND E SURVEY ! RICK'FETE FRSO1 C0-3ST'RIJCTION QL,ALITY ASSCIRANCE.A73.miWISTRATO FLORIDA DEPART1MtEMT JF TRANSPC?FUATIOIN PALM BEACH OFERATIbN-, 79007 FOREST HILL BI-VD.. WEST PALM.BEAcH,`FL.334 T 3-3.342 56 1 370-1 134 r icha rd.peterso nP dot.state-fl.us QA EA.M—AS-SiS'T,. ,EXPEDITE....RFSC)i-VE 3 _ CONT"CTOR" CORP. Proposal From. Project: FEDH.WYS26 Description.: 30"Pipe Crossing&Box Replacement.al-SE 6th.St ITEM I DESCPJPTION Bib JOTY :Ulm `LIMIT BIb AMOUNT 01 50.000 LF 68.00 $3,400.00 18"S'ICPP 02 45,000 L:F 1.30.00 $5,850.00 30,,SIGPP 03 1;000 EA 5,100-00 $5,100..00 J-7 Manhole 04 1.000 LS 88$:3f3 $885.30 Plate:Rental. 05. 1.000 LS 673.54 $573.54 Disposal Costs 06 1..:000 LS 0.0.0 $0.00 Place acid Grade Baserack 07 12:000 TN 0_00... $0..00 Pavement Repairs 0.8 1-000 LS 137,64 $13.7:54 MOT Gosts 09 1.000 LS 474.90 $474.90 'Se3-tt�s 10 1.00.0 .LS 1,22518 $1,225.1$ Place Cbld Patch Proposal I Totals Base:Bid $17;649:56 Signature-, MCT Breakdown Teel Toat . item DM Prime . Devices £bst WZ51ps Eb 0.18 8 6 48 $ 864 :T.111 ED $ 1: 6 6: 36 $' 363,00 Arrow Board JED $ 9-00 1 6' 6 '$, 54 M Dwiris JED $ -0-501 13 61 7 -$ 39.0] Rafael Urdaneta ham—.. Prom; Ed.Grady @kirnley O n.com f" (( r Sent: Friday,,dune 13,2614 247 P3 To: Rafael Urciartet2i; ,dietz sealandcont.ractors.,com Subject: Re: Fed Highway-RFI#26 Na abjection. Ed Grady Kiml:ey-Horn 11-690 S. Congress Avenue, Suite 100, Delray Beach,.FL..33445 Direct: 561.404 980-5 Mobile:772 475 829:5 w-ww.kirnle -horn.cozn ----Reply inessage --�_-: From: "Rafael Urdaneta" <rcrdar}eta 4,ribcha comma Bate: Fri,J:un 13,-2014 233 pm Subject: Fed Highway-RFI 926 To: "tdietz(&—aianj centractors,toml' ctaietz sealandcontractors.cam>, ":Grady, Ed"<Ed.Qrad aIimle - horn.com> -- To rye Y es! Any.objection.:l.d? From.Theodore I Dietz mailto:tdietz sealandcbn ractors:com] Sent: FridayF June 13, 2014 1:.52 PM To:Rafael Urdaneta:; Ed.Grady@kirnley-horn.com Cc: Maurido Pinzon.;;'Joe Koziowrski' ;dbject: RE, Fed'Highway -RFI #26 Is this Mn .aualarizR60 b to roceed, Ted 1 Theodore Ued .J. Diems .5eaiar Gar:trae .CvrP PrisieLt v`aiade< 5M I N Di deNighWay -Boca Raga,FL 33487 �liel��sealandcan�ei�s.ceQr�t ksr-1)s97�715'Nor.k {561)997-5717 ax. Frain; Rafael Urdaneta [mailto:rurdangta a dbehancom Sent. Wednesday, 3une 11, 2014 3°27 PM Tai., Theodore Dietz; Ed.Gradykimigy-horn corn Cc:Maurido Pinzo€1 Subject. RE: Fed Highway=RFi.#26 Bravo.Well donal S from-Theodore Dietz.[.mailta:tdietz sealandcontractors.com Sent. Wednesday, June 11, 2014 3:23 PM To; Rafael Urdaneta Cv. cEd Grady(al(rnley horn.com>; <TMuzicka(d)wr) f;com>; <1Gin.N kimie horn.LoM>; < kqzlowski sealandcontractars.com>, l-OVNEN, ROBERT C, David Romano;. Michael Owensby.;.Mauricio Pinzon Subject: Re:Fed Highway-RR x;26 E Yes Ted On Jan l:l, 2014, at 3-.22 P VI, "Rafael Urd eta"-�rurdpeta behar.com>wrote:. So,Are we in agreement to proceed as detail provided by K&H? <rnageQ02 Jpg> From.Theodore.J Dietz [mailt:o:ti ietz sealandcontractors.com Sent: Wednesday,Jwie.:11,2014 3:06 PM To. 'Theodore J Betz'; Ed Grad -kirnle -horn..com; Mauricio f?inzon Cc:.David Romano;,Rafael llydaneta, Michael Owensby;TMuzickaoacp-fl.com; Gin.Ng!Pkimley- horn.corn t ikozlowski @sealandrontractors.com Subject:.RE. Fed Highway -RFI #26 �d BattDm of Phmne is @ 634 outside of AT&T N-11_ncai S�293,should bt..no probrein to mRike.this charge. Ted <irr age001 jpg> From:Theodore J Dietz I~mailte:tdietz seaiandcontractors.conA Serst, Monday, June;09,2014 2.05 PM To:'Ed.Grad kin*,- -harn.c nr 'm inzon 'behar.com' Gc: 'dromano@ribebar.com i; 'rur aneta' behar.com `mowensb 'behar.corn'; 'TMuzi. a@n acp- fl.eam'; 'Gin, Subject: RE; Fed Highway -RF1 #26 -\X e plan-co ±g this.up tomorrow to:t=e,�duet b;an.k Ted <:iageo03.jpg> From: Ed.Gradv(a?kimley-hom.com [mailto:Ed.Grad kimig 4iorn.com] Sett:Thursday, June 05, 20.14 4:46 PM Test mpinzon0ribehafi_com Cc- dromano : `behar:coma. rdattetaC ribehar;corri _mowensby t�behar.com� tdietz sealandcontractors.com:;"TMuzicka acp fLc-om; Gin,Ngeki mley-hbrn.cam Subject: Fed.Highway-RF1 #:26 1ltrauricEa, :2 i Pero: rdiseuss on n Tuesday ,we agreed that 5ealand will'Investigate the possibility of moving the t proposed location:of 5tructare S-292 as indicated below-as-a solution to RFI 426,After Sealand confirms elevations-of existing ccnclults, please respond with confirming info and I'll repNr to RR ##26 accordingly, Thanks {tmageO02.JPg�> d Grady kirr ley—Horn 11690 S.Congress Avenue,Suite ICO, Delray Beach,r_. 33445 Direct:.5i&1 404`9805]'MONI-:�-732.476 8.2q54 vdww'kimIev hpm_c6m I CITY OF DELRAY}LEACH CHANGE ORDER TO ORIGINAL CONTRACT 4 CHANGE NO. 2 PROJECT NO. 2009-009 DATE: PROJECT TITLE: Federal Highway Beautification Project TO CONTRACTOR: Sealand Contractors Corp. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROTECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: A nine (9)day extension of time, due to inclement weather, and additional or change work items;listed below and summarized on the attached Exhibit "A"(FDOT Work Order); and detailed on the attached Exhibit "B" (Recommendation Letter from M. Behar, Construction Engineering and Inspection Services Consultant). Total net cost of$56.283.84 to be funded out of the Contract's Undefined General Allowance Line Item. Item#1 Contract Time Extension Items #2&.93 Quantity Contract Line items#164&9175 Overrun Item#4 Additional Barricades Item#5 Sinkhole Repairs Items 96 &#7 Credit for Reduced Pavement Amount Item#8 Credit for substituting Line Stops&Gate Valves for Insert-a-Valves SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 12,486,967.77 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 12,486,967.77 COST OF CONSTRUCTION CHANGES THIS ORDER 0.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 12,486,967.77 TOTAL CONTRACT TIME WILL BE INCREASED BY 9 DAYS 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. Seala on ractors Corp. (Con or to sign&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account NIA—To be funded out of Contract's Undefined General Allowance! Une Item DEPARTMENT FUNDING CERTIFIED BY" Y BEACH,FLORIDA RECOMMEND. B : y Environmental Service any D. Glickstein, Mayor � . ,; � f A ST: APPROVED: �v�i l id0[ h By. AV STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-80 WORK ORDER caIJSTRUCrfON o4r1 1 Page 1 of 3 Supplemental Agreement No.* Work Order No.**2 Fin Proj. ID 420412-1-58-01 Contract No. AQM-22 Date 3/13/2014 F.R.P. No. 4854080P Road No. SR 5 Contractor Sealand Contractors Corp. DESCRIPTION OF WORK: Add 9 clays to the contract for weather delays affecting controlling work items more than 50%. Aditional 8 water services by over-running items 164 and 165. Additional 114,000 type I or ll barricades as Lump Sum. Sink Hole Repairs along SE 6"'Avenue where existing drainage pipe joint connections failed, Credit of$9,937.50 for 1' cut-back waiver for trench restoration as per City detail GU-1. REASON: During the progress of the project, there were nine (9) days of inclement weather that affected more than 50% of the controlling items of work. Additionally, contract time was extended from 310 days to 790 days during the bidding phase, however the Type I and Type 11 Barricade quantities were never revised in the bid summary, taking this time extension into account. Furthermore, the City requested the installation of additional 8 water services not shown in the original plans for future land development use. (Continued on page 3 of 3), Revised Plan Sheet Nos. NIA Granted time due to delays to controlling items of work shown on approved work schedule: 9 days TOTAL COST OF WORK: $56,283.84 Premium Cost': $0.00 Amount to be paid from Lump Sum Contingency S.A, or Pay Item shown above: Work described results from a Design Error or Omission: ❑Yes ®No *NIA when funding by contingency pay item **Number Work Orders on a Contingency Pay item sequentially beginning with 01, 02, 03, etc. For each subsequent Contingency Supplemental Agreement(CSA) restart the numbering of the Work Orders on that GSA sequentially beginning with 01, 02, 03, etc. ❑ Costs negotiated; work sheets documenting negotiated costs and basis for costs attached. OR ® Costs based on actual costs plus mark-ups as shown in above referenced Contingency Supplemental Agreement; work sheets itemizing costs attached. If, prior to execution of this Work Order, the Department has not issued a Notice to Proceed to the Contractor for the work outlined herein, execution of this document by the Department shall serve as the Notice to Proceed. The Department and the Contractor agree that the contract time adjustment and sum agreed to in this document constitute a full and complete settlement of the matters set forth herein, including all direct and indirect costs for equipment, manpower, materials, overhead, profit, and delay relating to the issues set forth in this document Printed Name: kl-eamore ontrac r Sig t Title: �r �snA:_ Date: Zl K� 12c t� Printed Name: David Romano PE FDOT or C Title: Senior Protect Engineer Date: Approved: FHWA Date FHWA Participation Non-Participation ' Premium Cost is defined as additional cost which would not have been incurred if the work described herein had been inciuded in the original contract 2 Attach reasons justifying FHWA participation STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-80 WORK ORDER CONSTRUCTION 04A I Page 1 of 3 Supplemental Agreement No.* Work Order No.**2 Fin Proj. ID 429412-1-58-01 Contract No.AOM-22 Date 311312014 F.A.P. No.4854080P Road No. SR 5 Contractor Sealand Contractors Corp. DESCRIPTION OF WORK: Add 9 days to the contract for weather delays affecting controlling work items more than 500/0. Aditiona! 8 water services by over-running items 164 and 165. Additional 114,000 type I or II barricades as Lump Sum. Sink Hole Repairs along SE 6t'Avenue where existing drainage pipe joint connections failed. Credit of$9,937.50 for 1'cut-back waiver for trench restoration as per City detail GU-1, REASON: During the progress of the project, there were nine (9) days of inclement weather that affected more than 50% of the controlling items of work. Additionally, contract time was extended from 310 days to 790 days during the bidding phase, however the Type I and Type II Barricade quantities were never revised in the bid summary, taking this time extension into account, f=urthermore, the City requested the installation of additional 8 water services not shown in the original plans for future land development use. (Continued on page 3 of 3). Revised Plan Sheet Nos. N/A Granted time due to delays to controlling items of work shown on approved work schedule: 9 days TOTAL COST OF WORK: $56,283.84 _ Premium Cost': $9.00 Amount to be paid from Lump Sum Contingency S.A. or Pay Item shown above: Work described results from a Design juror or Omission: ❑Yes ®No *N/A when funding by contingency pay item "Number Work Orders on a Contingency Pay item sequentially beginning with 01,02, 03,etc. For each subsequent Contingency Supplemental Agreement(CSA)restart the numbering of the Work Orders on that CSA sequentially beginning with 01, 02, 03,etc. ❑Costs negotiated,work sheets documenting negotiated costs and basis for costs attached. OR ® Costs based on actual costs plus mark-ups as shown in above referenced Contingency Supplemental Agreement; work sheets itemizing costs attached. If, prior to execution of this Work Order,the Department has not issued a Notice to Proceed to the Contractor for the work outlined herein,execution of this document by the Department shall serve as the Notice to Proceed. The Department and the Contractor agree that the contract time adjustment and sum agreed to in this document constitute a full and complete settlement of the matters set forth herein, including all direct and indirect costs for equipment, manpower, materials, overhead, profit,and delay relating to the issues set forth in this document Printed Name: Contractor Signature Title: Date: Printed Name- David Romano PE 'FD0T 6 FCCEI Title: Senior Project Engineer /V Date: Approved: C1� f1/ 5._l "� •� FHWA 1 Date FHWA Partieipabon� Non-Participation �7 7'� 1 t t�fz1 LLB l� ? 1`�f]���2°JIrL C�"�i Z � Premium Cast is defined as additional cast which would not have been incurred if the work described herein had been included in the original contract Attach reasons justifying FHWA participation STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-80 WORK ORDER GONSTRUCTiON 04111 Page 2 of 3 Supplemental Agreement No.* Work Order No.**2 Fin Proj. ID 420412-1-58-01 Contract No. AQM-22 Date 3113/2014 F.A.P, No. 4854080P Road No. SR 5 Contractor Sealand Contractors Corp. DESCRIPTION OF WORK continued Substitute the proposed 12-inch insertion valves with a single line stop and 12-inch gate valve. Credit of$9,450.00. EXISTING ITEMS ARE UTILIZED: I-Add Nine(9)calendar days to the contract time due to inclement weather affecting more than 50%of the controlling items, as per FDOT Roadway and Bridges Specifications 2010 Section 8-7.3.2-1 Contract Time Extensions. There is zero "0" cost associated with this item. 2-Overrun Pay Item No. 164 Utility Pipe,F&I Water/Sewer-Original Plan quantity of 275 LF;As per Article 11.2 of the Contract General Conditions (GC) 27. The City staff requested 8 additional water services be provided to additional lots, not shown or contemplated in the original plans.The cost related to this item is$9,000,00 as shown below. Item# Description Unit Price Additional Qty Total CO Cost 164(1050-11-322) Utility Pipe,F&1,PE,Water/Sewer, $45.00/LF 200 LF $9,000.00 3-Overrun Pay Item 175 Utility Fixtures,F&I,Tapping Saddle/Sleeve on I I EA as per Article 112 of General Conditions(GC) 27. The City staff has requested additional fittings related to services installation(Item 164).The cost related to this item is$2,400.00 as shown below. Item# Description Unit Price Additional Qty Total CO Cost 175 (1080-11-103) Utility Fixture,F&I,0-1.9,Tapping $300.00/EA 8 FA $2,400.00 Saddle/Sleeve 4-Add item CO-02-1.Add 114,000 ED Barricades,(Type I or II),50' Spacing as Lump Sum for a cost of$57,000.00. Contract time was extended from 310 days to 790 days,however item no. 10 quantity was never revised taking this time extension into account. Original plan quantity of 20;399 ED was under-estimated;also traffic conditions,contractor construction methodology,and multiple work zones warrant the need for additional Barricades to maintain a safe project environment. 5- Add item CO-02-2. Add$ 7,271.34 for labor, equipment and material used on the repair of two sinkholes indentified along 6th Ave near Sta. 1824+00. The contractor secured and maintained the area safe until FDOT recently requested to backfili mentioned sinkholes with flowable fill(1:10)and patch with asphaltic cold patch so that it can re-opened to traffic. 6-Add item CO-02-03.WaterlSewer Installation Pipe Diameter 5"to 79"-The City has agreed with Sealand to eliminate the one (1) foot cut back shown on detail GU-1 of plan sheet U-7 because the whole project will receive a l"overlay at the end and this will eliminate potential water intrusion into the water main trench. Sealand is offering a credit of$1,043.10 7-Add item CO-02-4. Utility Pipe, F&I,PVC,Water/Sewer, 8"-19.9" (Item 163-3488LF) - The City has agreed with Sealand to eliminate the one(1) foot cut back shown on detail GU-1 of plan sheet U-7 because the whole project will receive a 1" overlay at the end and this will eliminate potential water intrusion into the water main trench. Credit of$8,894.40 8-Add Pay Item CO-02-05 Contractor Credit for Installation of Line Stops in lieu of Insert-a-Valves-The contractor requested with the City's approval to substitute the proposed 12-ineh insertion valves with a single line stop and 12-inch gate valve. The contractor is offering a credit of$1,350 each,for a total quantity of 7, equaling$9,450.00. SUMMARY Change Order 2 Costs: $75.671-34 Change Order 2 Credits: ($19.387.50) Total Amount of Change Order No.2: $56,283.84 Time Extension: Nine(9)Calendar Days STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-80 WORK ORDER CONSTRUCTION 04111 Page 3 of 3 Supplemental Agreement No.* Work Order No.**2 Pin Proj. ID 420412-1-58-01 Contract No.AQM-22 Elate F.A.P. No. 4854080P Road No. SR 5 Contractor Sealand Contractors Corp. REASON (continued): Sealand requested and it was approved by the City to subtitute the proposed 12-inch insertion valves and replace with a single line stop and 12-inch Gate valves. .J. ehar & Company, Inc. March 13, 2014 Mr. Rafael Ballestero Deputy Director of Construction City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 RE: Federal Highway Beautification Project (LAP City of Delray Beach) FINT: 420412-1-5801 &420412-2-5801 City of Delray Beach Project: 2009-009 County: Palm Beach Contractor: Sealand Contractors Corporation.,Inc. Subject: Recommendation for Approval of Change Order No.2 Revised RJB LETTER NO. C-009 Please allow this letter to serve as our recommendation to approve the additional work and time requested by Sealand Contractors Corporation, Inc., related to Change Order Number (2). After almost six (6) months of construction on the Federal Highway Beautification Project, there have been some additional work elements added to the original intended project scope. Below is a synopsis of each particular item that is being incorporated into this change order request. 1-Add Nine (9) calendar days to the contract time due to inclement weather affecting more than 50% of the controlling items, as per FDOT Roadway and Bridges Specifications 2010 Section 8- 7.3.2-1 Contract Time Extensions. There is zero "0" cost associated with this item. 2-Overrun Pay Item No. 164 Utility Pipe, F&I Water/Sewer - Original flan quantity of 275 LF; As per Article 11.2 of the Contract General Conditions (GC) 27. The City staff requested 8 additional water services be provided to additional lots, not shown or contemplated in the original plans. The cost related to this item is $9,000.00 as shown below. Item# Description Unit Price AMitional Qty Total CO Cost 164(1050-11-322) Utility Pipe,F&I,PE,Water/Sewer, $45,00 /LF 200 LF $9,000.00 3- Overrun Pay Item 175 Utility Fixtures,F&I, Tapping Saddle/Sleeve on 11 EA as per Article 11.2 of General Conditions (GC) 27. The City staff has requested additional fittings related to services installation(Item 164). The cost related to this item is $2,400.00 as shown below. Item# Description Unit Price Additional Qty Total CO Cost 175 (1080-11-103) Utility Fixture,F&I,0-1.9,Tapping $300.00 /EA 8 EA $27400.00 Saddle/Sleeve 6861 S.W. 196"Avenue, Suite 302 Pembroke Pines, FL 33332 Tel. 954-680-7771 Fax. 954-680-7781 ElR.I. ehar & Company, Inc. 4-Add item CO-02-1. Add 114,000 ED Barricades, (Type I or 11), 50' Spacing as Lump Sum for a cost of$57,000.00. Contract time was extended from 310 days to 790 days,however item no. 10 quantity was never revised taking this time extension into account. Original plan quantity of 20,399 ED was under-estimated; also traffic conditions, contractor construction methodology, and multiple work zones warrant the need for additional Barricades to maintain a safe project environment. 5- Add item CO-02-2. Add $ 7,271.34 for labor, equipment and material used on the repair of two sinkholes indentified along 6th Ave near Sta. 1824 -00. The contractor secured and maintained the area safe until FDOT recently requested to backfill mentioned sinkholes with Plowable fill (1:10) and patch with asphaltic cold patch so that it can re-opened to traffic. 6- Add item CO-02-03.Water/Sewer Installation Pipe Diameter 5" to 79" (Item 162-410LF) - The City has agreed with Sealand to eliminate the one(1) foot cut back shown on detail GU-1 of plan sheet U-7 because the whole project will receive a 1" overlay at the end and this will eliminate potential water intrusion into the water main trench. Credit of$1,043.10 7-Acid item CO-02-2. Utility Pipe, F&I, PVC, Water/Sewer, 8"-19.9" (Item 163-3488LF) - The City has agreed with Sealand to eliminate the one (1) foot cut back shown on detail GU-1 of plan, sheet U-7 because the whole project will receive a 1" overlay at the end and this will eliminate potential water intrusion into the water main trench. Credit of$8,894.40 8- Add Pay Item CO-02-04 Contractor Credit for Installation of Line Stops in lieu of Insert-a- Valves - The contractor requested with the City's approval to substitute the proposed 12-inch insertion valves with a single line stop and 12-inch gate valve. The contractor is offering a credit of $1,350 each, for a total quantity of 7, equaling$9,450.00. SUMMARY Change Order 2 Costs: $ 75,671.34 Change Order 2 Credits: ($19,387.50) Total Amount of Change Order No. 2: $56,283.84 Time Extension: Nine (9) Calendar Days R.J. Behar & Company (R.J. Behar) has reviewed the change order No. 2 documentation and recommends at this time to the City of Delray Beach their consent for approval. Should you have any questions regarding this progress estimate, please feel free to contact me, e y, RJ BEHA & CO P Y, INC. David G. Ro no, E` Sr. Project Engineer. 6851 S.W. 196th Avenue, Suite 302 Pembroke Pines, FL 33332 Tel. 954-680-7771 Fax. 954-680-7781 .J.Bear & Company, Inc. Enclosures: Item 1. Weather letter. Items 2-3. Request and approval from the City's inspection. (Email) Item 4. Request from the contractor. (Sealand) Item 5. Contractor, City, CEI and FDOT correspondence related to Sink hole repair. Items 6-7. Contractor's credit offer letter for elimination of 1-foot asphalt cutback/City concurrence, CEI letter#10. Item 8— Contractor's credit offer letter for the substitution of the insert-a-valves for the line stops 6861 S.W. 196"'Avenue, Suite 302 Pembroke Pines, FL 33332 Tel. 954-680-7771 Fax. 954-680-7781 19 R-I.Beha r & Company, Inc, August 29, 2013 Mr. Theodore J. Dietz Project Manager Sealand Contractors Corporation 5701 North Dixie Highway Boca Raton, FL 33487 RE• f=ederal Highway Beautification Project (LAP City of Delray Beach) FIN: 420412-1-5801 & 420412-2-5801 City of Delray Beach Project: 2009-009 County: Palm Beach Contractor: Sealand Contractors Corporation, Inc. SUBJECT: RJE LETTER NO. 0-006 --Adjustment to Contract Time for the Effects of Inclement Weather- Time Period from (May 20, 2013)through (August 25,2013) Dear Mr. Dietz: The daily Construction Reports and the Stormwater Pollution Prevention Plan Construction inspection Reports, documenting the effects of inclement weather have been evaluated for the period of time from (May 20, 2013) through (August 25, 2013), 0 has been determined that (5) calendar days meet the criteria established by the Contract for granting additional time due to the effects of inclement weather. These dates are: 5/2312013 61612013 7116#2013 7/17!20'!3 811512013 Therefore, {5) contract days will be added to the total authorized contract time. inclement Weather Holidays Special Events Total pays Days granted previously - 0 0 0 0 Days granted this time period - 5 0 0 5 Total days granted to date 5 0 0 5 If you have any further questions, please do not hesitate to contact me al the office number below, Sirs David G. Flom Senior Project Engineer E nclosurns cc: Rafael Ballestero,City of Delray Beach Tim Tack,City of Delray Beach Tom Muzieke, PE,American Consulting Engineers Brian Hermany,FDOT PB Operations e vi cc Lv r a OIL v ae�na e � a^ E O n _ fi bt Y � E E � 4 w Z �22R it9 LV PIE 0067 ti- v nca in L: �s LL a. 0. V} L] i b MID ! w K E_ a O �pp h b U °�UiR W 2 b u i €yc 4 M goo Q'L�C4 yCOti uj A � R AA n 4 m = WE U _c a� ! a IL C) d N o LD O tl a ao z �� tag g 8 : K] ° e c � Q sac oce _ fn b [ b o 0. It � � c �6 + .°n �t � � En•— wcm i I t = Crabs 840 � E � o+F " � cEEcs4F a O ° tP � c�pQm° - ffi �Ct° E E � na° S3 C °c 2 EI a a �igp`� i va 4� n � 'br u V Z$ c c p x J n.6 E L u ui n p o 1p p m� C 8d t7AY�JU$iX uk D r� a E$ Zo 4 p Ja ¢ J W 10 D Ir�C�ct0 � m 7 e @ ID C H► � Q o lit CL 6�Um t� al t t;jf na ab a M h � P' 0 b o a QQ a��£an a Fy3p Y.. b 7pa g9g �pPVp r N � 4 �. WL7bt7N3r-XVWC7k $ Q g0. 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B £ a �Y w a0 f7 € ° UU �� .�y G ► n ��Bw����rg ��.�im�s� � ��C �2 v ? oar�'aiooaim g6ta�'v� inti a U c ® u N Q O S C� FNrieri.ctiv®OMtYi'i^�eie�ic t t7 p w1 C7 -i Ir — cL O r�C OL3_ da m $ vs 0 ;- �.Q wu 1C - CE C C '� °a� �"PAR a $ i E �� � �m �i° $ � u � o 1 0 I m �.Qc £ R ° ffi c °r A n o bfi o O 4 o d'- a- c , mwEg , m ro w a as 8 a �.E S11 = ac � o _ „fie naQ � r — Qti 5 �� N1 2 $AL c li e ro tr to d M.F z _ � O I WE ti v v U Um $ n n cz r IL U� [ (� i6 Q w hY�{vN N Nn Nf�h`!6'i h tJ t�*I(�')YniM r~j rL oT am ° f v - a LO Kr z O L = d 8 y Fn ty sin p gk'pj y:J 4 VF C O b [ L Cob �S t� B.L FF�tIEn�E uAI F4�KIDU�yy®OIr C OIC }` F [v [ A �Y ri:rimer=mo7o�td ri.e 66 M3Y„ri [ L7 u h1 o t 4Y 1' � s9r E if = !'v ®9 c os -C- R �+ Q� ti o m � r Q 8_ lu to C 41 C C U L E= n t _ 1p m a � CL b � C m Y� S J w ° n t7 t t`1° D n� c L N iFn p i rj G tx m fl W C] Rafael Urrianeta !Torn_ David Romano ° Sent; Tuesday,September 03, 2013 1:24 PM To: Ballestero, Rafael;'ldietz @sealandcontractors.com' Cc: 'Pack,Tim;Kucmerow-ski,Carolanne; Rafael U daneta Subject: RC: Fed Hwy Seaut 2009-009-Additional Water Services Requested By City Water Rafaei, To answer your question,yes we would need to get FDO7 acknowledgement of these additional quantities,regardless if they do not participate(financially speaking) in this change order. Just to be sure, since we are talking about the watermain, the City would be utilizing the contingency account for these overages, is that correct? Thus we are not seeking additional FDOT participation? Please advise. Thank you. Sincerely, David G. Romano,P,E. Director of Construction Management Services R.J. Behar &Company, Inc. 6861 SW 196th Avenue,Suite 302 Pembroke Pines, FL 33332 Office: (954)5803-7771 Fax: (954)680.7781 Mobile:(305)525-4058 From: Ballestero, Rafael mailto:6 llester m delra bgach.com Sent: Tuesday, September 03, 2013 1:15 PSI To: 'tdieta @seaiandcontractors.com'; David Romano Cc; Rafael Urdaneta;Tack,Tim; Kucmerowski, Carolanne Svbjert: RE: Fed Hwy BeauL 2009-009 - Additional Water Services Requested By City Water Ted: Thank you for your request below for approval to install the 5 additional water services as requested by the city, I do feel it is prudent to increase the quantity somewhat to accommodate the potentiat for needing other additional water services as we proceed with the project. Please adjust the PE pipe quantity to 200 tF and the tapping saddle/sleeve quantity to S, and resubmit, David/ Rafael: Will this change require DOT acknowledgement first,before we seek city commission appruval? Please advise. Thanks, 1 =SEA 'w DOL COW,RACraw CORP. 1706 N.Caldwell Street a Chariotte, forth Carolina 2820066 Qflice(704)522-1102 Fax(704)522.0352 Monday,October 07, 2013 W. David G.Romano,P.E. Director, Construction Management R.I.Behar&Company,Inc. 6681 SW 196th Ave, Suite 302 Pembroke Pines,FL 33332 Federal Highway Beautification FMN 420412-1-58-01 &420412-2-58-01 Project Dumber 2009-009 Mr.Romano, Per the City's request please see the revised water service table below with additional service saddles and pipe Item# Description Unit Puce Additions] Total CO Cost 164 Utility Pipe, F&I,PE, $45.00/LF 200 LF $9,000.00 Water/Sewer,0"--1.9" 175 Utility Fixture,F&I,0- $300.00/ B Eli $2,400.00 1.9,Tapping EA Saddle/Sleeve The requested change will provide enough materials for an additional 3 EA contingency services to be used as directed by the City. If there are any questions please call me at 561.997.6715 Sincerely, SEALAND CONTRACTORS CORP, Theodore 3 Dietz Project Manager cc: Vincent 1. DiProspero Jr. (585)359-9242 , 85 High Tech Drive , P.0 Box 350 ® Rush,New York 14543-0350 . FAX(585)359-OOB CORP.mSEflhaHD 1706 N_Caldwd Street cl Ehahone,Nodh Carc4ke 28205 ® Offm(704)522.3102 FaY(704)522-0352 Wednesday,January 29,2.014 Mr.David G.Romano,P.E. Director,Construction Management R.J. Behar&.company,Inc. 6681 SW 196' Ave,Suite 302 Pembroke Pines,FL 33332 Federal Highway Beautification FM#420412-1-58-01 &420412-2-58-01 Project lumber 2009-OD9 Mr. Romano, As you are aware,there is a significant overrun of contract line item 10I1$rrieades. I ar 11. Moving forward,in the interest of simplifying the MOT items,from October 26,2013 through the anticipated completion date of 7/18!2015,Sealand proposes a lump sum of$50,000.00 for completion of MOT work associated with line item B cadr 1 or 11. 1 have attached a detailed breakdown of the FDOT required devices which constitute our request.This price includes the appropriate devices per the line item to complete all original contract work.Please be advised that delays and additional work are not included in this price and additional compensation will be required if such an event occurs. Please be aware as a result of the overran we have 32,582 unpaid devices as of October 25,2013. For these devices will request compensation of$7,000.00 LS making the total change $57,000.00. If there are any questions please call me at 561,947.5715 Sincerely, SEA LAND CONTRACTORS CORP. 4 eodore J Dietz Project Manager cc: Vincent J.DiProspero Jr. File (555)359-8242 0 85 Hi4h Tech Drive m PO,Box 350 p Rush,New York.14543-0354 FAX(585)359.48M .°,� r°i ryN � � � � K r ° rvm N N � . tlmW Nmt4 A A N m m N r°.. r o u � N m e w O pp � N � � N in ubi � � Q � ❑ N-O ❑ N N N vQi � � �, � y » N 0 � ❑ O [] ° p y p � S � � S ° 888 $ 888SSSSP � SSSS ° ° � $ � � g ° a88 �8 � 3J h �n in v� Y� N M N M N N h N ✓f S� N N Vt N. M N N N M N M L1 N N N h �n ✓e N �n N h h N M V1 V1 v� v� iry h V} N V1 �f] lh N Vs ✓� M Vi L� N�� M rg N N N N N ry N ry 6 v N E y P o ° a ❑ noeo o �°., �°.� °°,, ,4„°., � ,p., M w°� � .9im m .°., ,°nn°-, °m .°n �'ne°,+ °mmmr°ne°nm° c '" '" c e e Q r ry n iv .°. r: ry n N .�.� .°.• N N M .n u� .n �n N N N N N ..� N N N N ry ry N V ry ry N N � N N N h N ry N N tl n M1 t J F 3 ❑ L S r r S s Ci n N yF' F L 6 f s b L - h M H P .n ✓� < a ,7 X 7 2 2 2 r N �n w v� �n Yi M N K � � 2 7 Z 2 � ; 3 � 3W3R3w3w3w33w3 3W3 � N 3 3 . � 3w3w3 e ��, r �. � r vr�i L L r s « :• .s- L .tn � � t .c r � v s � .c r.c � .Fe N N ✓� M N ✓I h 4Wi � M Ji r N Mi r � vt h N h CORP..S;EfiLqHD CONTRACrORS 1708 N.Cafdweil Streee z ChadoUe, North Carofina 28206 e Office(704)522-9102 . Fax(704)522-0362 Friday, February 28,2014 Mr. David G. Romano,P.E. Director,Construction Management R.J. Behar&Company,Inc. 6681 SW 196`b Ave,Suite 302 Pembroke Pines,FL 33332 Federal Highway Beautification FM#420412-1-58-01 &420412-2-58-01 Project Number 2009-009 Mr. Romano, On July 24,Sealand Contractors identified 2 sinkholes on the east side.of SE a Ave south of Ste. 1824. 00 along the curb.Upon further investigation,we have identified 2 leaking joints on the 24"RCP where the sinkholes were found.At the request of the Department,Sealand and Transfield discussed these areas and were unable to reacb an agreement to repair them. At this time Sealand Contractors Corp respectfully requests$7,271.34 for labor equipment and materials expended to date repair the failures described above as requested by the department. This price also includes the required MOT through October 28,2013 for the work described. Additionally,please inform the Department that we request Transfield matte all necessary repairs indentified via ground penetrating radar report transmitted on 8/2312013. If there are any questions please call me at 561.997.6715 Sincerely, SEALAND CONTRACTORS CORP. Theodore J Die Project Manager cc: Vincent J. DiProspero Jr. Joseph Bree (585) 359.5242 ® 85 High Tnh Dnve . P.O Box 350 , Bush New York 14543-0350 , FAX(585) 355-4x05 00 O � rd 4� m Ln W �4 AN eP m l.i to VI to t6 M Vt a' aQ H O C3 m oD e-I M r" w m Lo m t` oo .� V N °a 0 O N 0 r.r o r-� tiff C6 r. ;,. M m H -i r4 P a0 t6 P ® C3 � tt Ln N m q td m r9 CL Lo m L9 tD O f9P1 ed 09 61 lB fY1 fY9 r4 � C N L-i iI} N H �° L/} tJ? th tOE (n P s4 Q O Do N N -L} ]! � � � P°I VA i0} V1 r4 V1 V} � P ty Arf VT 4A Vl Vb 0) 00 o ff to r- 0 t + ++ C31 H N tD N m ili m lD N 4 C6 U0 N (N H Ct W N m N 4!} th in th to to in tf)- to 41 4 m o o m w ri a o o rl i v� to to to to to tin I o sue. ' O P �Lft Ln 41 41 0 to Q y CmJrn O .0 Lo CN tD 1 N L4 o CL f�! �-i N Tr m Ql of .� V? [n t;r th ir} vs 0 Ln O O O L- o Y ® Ml Lo LO LO LO Ln N Ln ® ® O r� N 'cY Ltt t` l0 N m LJl N O � O Lo d m N tO 4 r l O V Q p < tJ? i/? tJ? V} 1/} r-I Q.1 N m t? ® cc t/} n t!n P m _U Ln � iR m O Ln O rr7 C? Ln 73 -t 7 O DD O N O h p V6 IIS M M N H H M Ln t/? to qLn to in to Lri Ln Ln m tD N LLO Q y, o co a m Ln N O -' N ,. O Q L Ln Lq fl L O U a ro rn C L t1 CL re rz d -0 cu r- co c V5 m r-7 tl! U O V CL ro +' v O L rOj N QLJ ` O G'f = CC m n a a s v N rxn U o x o m o trn x u� LL Lu -.j n, � 7 u x ` N } � a V m 41 rn 41 A v Lr} zz o CL IV .� o m n o O m __ � o a� ro c say ro „ E t > u j v u ro u o ` Lu � a: c D STATE OF FLORDA DEPARTMENT OF TRAN$PORTAT1oN 70"56-56 DRILY RECORD OF EXTRA WORK CONSTRUCToN SITE SOURCE RECORD fly+ Date Financial Project ID tic. Road No. 5k, Work Order too. NOTE-. Report Prime, Sub, and Subordinate Sub work effort on separate sheets. Q�Prime ❑ Subcontractor ❑Subordinate Subcontractor Description of Work Done this pate: m j f}ot.JR L l �h S ntC � 't Loc.24.1()A LABOR NO. FICSITIO14 TOTAL HOURS RATE A v C) Z.CJe r 4.0 JfL r -4 .S- ✓ l Lo EQUIPMENT NO. UNITS KIND TOTAL HOURS FATE -T MATERIAL USED QUANTITY KIND RATE Signature —�� Inspector `�gnature -- Foreman ?DOTE: This record to be made in-dupticate,one copy to be retained by the Contractor and one copy attached to the Extra Work Summary (form 700-050-59)for each Work Order. STATE.OF FLOF;RDA O@PAR'imao OF TRANSPORTATION 700.05656 DAILY RECORD OF EXTRA WORK CONSTRUCTION SITE SOURCE RECORD DM3 Date 7 cu r It ,r, Financial Project ID No. D l -S p Road No. ,2 ! A - Work Order No. MOTE: ,R_,eppoort Prime, Sub, and Subordinate Sub work effort on separate sheets. t_� Yrirne ❑ Subcontractor ❑ Subordinate Subcontractor Description of Work Done this Date: i r_L�r� LABOR NO. POSITION TOTAL HOURS FATE 1 '6 . EQUIPMENT ISO. UNITS KIND TOTAL HOURS RATE j vU� C) 7 r •O MATERIAL USED QUANT" KIND RATE Signature LA �.�,.-- inspector +gnature'� J _ ' Foreman NOTE: This record to be made in duplicate, one copy to be retained by the Contractor and one copy attached to the Extra Work Summary(form 700-050-58)for each Work Order. STATE OF FLOMDA MPAArMENT OF TRANSPOfIJATION M-05&68 DAILY RECORD OF EXTRA WORK CONSTRUCTM SITE SOURCE RECORD 05003 Date f 13 Financial Project ID No, 4 2g)4 1 D- 1 - S-l Road No. _ �;1�,„ • � Work Order fro. 2 NOTE: Report Prime, Sub, and Subordinate Sub work effort on separate sheets. Prime ❑ Subcontractor ❑ Subordinate Subcontractor Description of Work Done this Date: "^ LABOR NO, POSITION TOTAL HOURS RATE EQUIPMENT �. a. NO, UNITS KIND TOTAL HOURS RATE G �• MATERIAL USED QUANTITY KIND RATE Signature Inspector gnatu�e'� r- Foreman DOTE: This record to be made in duplicate, one copy to be retained by the Contractor and one copy attached to the Extra Work Summary(form 700-050-59)for each Work Order. Reagan Companies Rick Managernen t and Investment.dery cat larch 12,2013 Valerie Hargreaves Sealand Contractors Corp, P.O. box 350 135 High Tech Drive Rush,NY 1 4543 RE: Workers' Compensation Rates for the 1 21111 2-13 Policy Year—Class Code 5506 ]Clear Val, Your NYS coverage is written with Rochdale insurance and the gate per$100 of payroll is $18,96. Your other policy is written with"technology Insurance and the rate is as follows per Sim of payroll: Florida.59.20 N. Carolins:T)0.04 S.Catalina:$8.32 If you need any additional information,please let me know. Sincerely, 0-4f�u.1 Deborah A.Walker Account Manager(315)673-5321 deb lsit.walket@RsaganCompanies.com DAW/1214811 James P.Reagan Agency Inc.,g E.lea K Street,P.O.Rol 1: 1,Marcellut,N.V. 1310MM (315)673-2014 (800)777-204 FLY.(315)673-1121 www,kewncanNanies.com Reagan ampannies Rslk ffanagement and Investment Services lrl=h 12, 2013 Valerie Hargreaves Sealand Contractors Carp. P.C. Box 350 85 High Tech Drive Rush,NY 14543 RE: Casualty rtes for the 12/1112-13 Policy Year Dear Val: Following are the casualty rates for the above captioned year. These are based on your sales exposure. The General Liability coverage provides a liability limit of$1million per occurrence and a$2million aggregate limit. The Owners&Contractors Protective policies arc rated based on individual project values and requested limits, General Liability Rate; 4.393 per 51,00 of Sales Pollution Liability!fate: .3147 per$1,000 of Sales Owners &Contractors Protective; .604 for NYS DOT jobs,depending on the job description&. contract value. Other jobs are also rated depending on the job description&contract value. Sincerely, Deborah A.Walker Account Manager(315)673-5321 debbie.walker@ReagonCornpanies.com DA,W11214787 "Emu P,Reag"k9crscy Inc.,S E. Mzdh Street,P.O.Box 1191,MLr ullwt,NA 1316&0191 (315)673-2094, (800)777-2094 Fez (315)673-1121 wwvr.As�aspCompseics.cot�e 'Unite`Rental's SoLOTTOR x�i'w 22220 Avvrz)s RENTAL AGREEMENT )V"ANO BEAM' rL 33049 Boa-UP-RENTS(Eoa437-;687) 9I34.54F-9720 9jj1t-595-9076 PAY urtted,entalsram I � �� ll1 ' Eli cuNtemerf�b# 111 181615 _ Agreearent D6te 5/1RJ13 I7S1 BEATIFICATION Rental out s/�c/13 11:00 AM Sohoduled Sm s b/17/13 11:47 AM 501 SE 5TH AVE DELRAY BEACH, FL 334B3-5224 Job LOCation: US 1 .lob N=her 19 P.4. Number ]012 Office: 704-522- 1102 Cell: 561-997-6715 ordered By TED DIEiTZ Written By . UKAI9SR Sales erFn 99 SEALANT] CONTRACTORS (001-713) 1708 N CALDWELL STREET CHARLOTTE, NC 28206 l� RENTAL ITEMS: t. 6 ua me=.nt De�cz• t on — Mini mum Lay. _ kepk 4 WeL4 _Estiriated Rmt. 2 964/9942 Rwa) PLATE B' X 10' �;.DO 65.00 596.0 2 944/9946 RDAD PLATE B' X 20 26.0c 26.00 64.00 2S2,00 SRL£S/MISC£LLANECUS T7-EMS. Rental Subtotal; Price —_� Unit of Measure Extended A'rt. 7 DEL1 VF3iY cHF.RG£ 240.400 (EA) EACH 201) CC I PICKUP CHARGE 240.000 1EA1 L'ACH 20C DD Sales%Mist Subtotal: 406 on COMMENTS/NOTES: CQNTACT: TED DIET2 CfihL#: 561-987-67;5 A CL£AN1NG CHARGE ce;ld. APPLY TD Eq:7IPMENT RVTDRNEf7 WITH EXCESSIVE DIRT, CONCRETE, AND/OR PAINT. CUSTOMER IS RESPONSIBLE FOR ALL DAMAGE INCLUDING TIRES, THEN#: WILL BE AN ADDITSONA[- CHARGE FAA MISSING KEYS, A FUEL CHARGE WILL BE APPLItl) TO ALL HITS NOT RETURNED MULL OF FUEL CUSTOMER HAS RECEIVED THE MANUFACTURERIS TABULATPD DATA FOR SHORING EQUIPMENT RECEIVED p y'" • • y • e y y r y • d 1 h 'ENY1NOMM[MTLL CXiRLt Tpl ke,m Mlnn,d.ee,e krc u,kytlievsnwwne.Idtl�rP+�l,M MYpseb�e,(her666:letf p•f bkYttluPngfe,Em rr Mrtnp.✓e�ik2 erd 6n/rsry.f sae•Tk�kM�.i�.rw MIY�tl.drrA'drlkEN p•b Thl•A>'•1.sr.,e.dk,nlk+.ndkad dieR. ►L!L'.Fl�gnpabadlYWyA.[a•re',••lo.a lydr•ean Lree 7lE NI=A HLL►ROfFCAahirlAM E kOf rPSURANCE?yr++�a�lhp.s NwonetRenwrfw.mnA.n GiNamu apr+n br.r.�.ry.a+d m TA% N II.ndc daps rn EwaP�+.y turk•rei ku,•tr,eo..pd i•Y,r Iknrl►rolee9ar PLn h r1NrR u r.t,vM nAdrer,Are f b h ftu•id R�roe�,en,4hdkd q•e,lu�F•keM elegy Ia inmel wc.�w m e.R� wa'm..,.a F.WP�^f m.q MrkgmrPrl w.d e.,.nd•�.CwNmrr+.r.dn 3w4 b�eY Hlw s,.H M'M k e+ee6.n w,.'t:Addwdrn�b fA•R 1����� yon BM of•♦•nTrla LfNIlS L TOM CbNTRAM OFFERS.FOR AN AWnM"pMRCE.A O.tMtr WAWR TOLIMS VOUR FWMCA''RFSPOr151611frf ME O.MIGF 10 OR THtn OF THE MoloA VEHICLE of'04E DKIDW WHETHCR 70 PLIRCHRSR THE 04"1 WAh&lk YOU MAY WISA TO OETEIWAE WHFT4M r&jA oft VMLR&,MX AFFORDE You OOVERRGE.THE PONCFLfSE Or TH45 DAWM WAlYn It KM IOANL AMW PNO WY It W ANEO OR OHX*kG. MAO ESro11c S1eM W e: 6y tif»YiPp lklek,Cu•luekt p!M+.•+a a¢Y•ae and emdlivx wa..wrin l+l.e,+,I ap'�m. k)AC•..n.m rr+WP"r+a ih E+mn6lwn o r.re..twmnaAa,npu�d Vl •++1� k N.,p ari0 rtltlb�e M 9,t QWU!Rrr P•grfdw.PiF,,t 4✓'P91t.Ind p)Put+dlere LInMtl p p»qr G1f9Y�e1!uedY srwl M+•d YLbw r M Ns.R✓RPM-C.skx,k"N'w-Akdpn M)N M"bmJiar�M Na ..s v..N m.w+.vn•'d eM+rva .y del.r•@+eiwM it p,c. Eg a+e=R)P^.Ne4 view(c;.a:.re+10-name!..I[df o n+s+dw—,W.Aro"irk.is V.tv►w ra.lf*.ye �wo*•n1 M- x COSTOPAER S*kATURE DATE CUSTOVER.NAME PRINTED -- UNMM RENTALS REPRFEENTATWE)MLNERED BY 4,6,7E A 1ARGER FONT COPY DF THE TERMS AND CONDfTIONS IS AVALkRLE UPON REQUEST. Page: 1 t DUPLICATE INVOIGE EINVOICE*s NVOICE INVOICE DATE 8/26/13 ACCOUNTt 212177 Local Service, Nadonw*k Branch A6dfw4: ;gAl It&Oet VAUGHN Lxux P.O. BOX 1419 xnswra - N PALM BFkeE F1 ®ItAte1CH1P Thomasville, Ge 31799-1419 Rratich - 039 039 1 ffl a 17th St Riviera BeacL FL 33404 0000 MI-_$90.86 561/846-4396 00 Remit To: HD SUPPLY WATERWORKS, LTD. PO BOX 100467 ATLANTA, CA 11 I111�gg 1181111i 1 1111pp11 1111111111 111k111�1111k�illf Ei11B�111� Shipped lo; - 5£AL.AND CONTRACTORS CUSTOMER PICK-UP PO BOX 350 R73SE NY 19553 0350 ...................._..._.........................°-_... ............................................... Retum Tap portion VAth Pxyrnent Far Fastar Credit Opportunity To Serve Ycw. tiRsrrh Yiw For 7ha lkVe& reciaivr r f ent Deb ordered stli Customer PO No. .lob I+�ame J o. Bill of LRdinja I Sh} ed Via Order Number 8/26/13 8/27/13 125342 FED HIGH7WAY F'EDYWX WILL CALL B406209 Product Code Description Ouenthy Q" Price Pe Amount Ordered tihip 96AXTB TURBIDITY EMRIER 501 sa sfl 6.17n0 Pr e7e.on IN LIEU OF 96FTB Ttils transiaction Is govametf by and eub)aet to KO Suppiy Waterworks standard terms Tet= Subtotal end condtdona,which are Incorporated hers In by this mlereitce and accepted. To review these tangs and oonditimvB,piem*point your web browser to t11tp:1laueter►vorlls.hdcuppky.CamffandCl. NET 30 Freight Delivory ; • 24-96 4$0.$b xpslvw - 1rz PAL1{ BSkCB €L B408209 Branch - 039 1101 V 17th st Riviera Beach FL 33404 0000 Page: 1 nnnoo vb6On Tmm cwmk iW* 43W SM 74TW Avr,.RD.BM SPi5ZID-& WL R 33195-7520 � 144 D24S7�� PHONE{S05)26S4"S s 1M 1305l 2644U66 - CRMF7 MVE ream+.IMI 1644934.FAX{sash 2b"W2 CEWMAL MUMM S11Fr*mM emc. F.�.LESPClL901d y�y�p,tirg TO' SHIP TO;6 30/25/2013 It BEkLhM CONTAXCTORS CORP 610 SE 5 AVE AELRAY DCH PO BOX 350 "D$Rkl, MICaHMT BBA�TTd'IFIChTZON MWECT I TION= Ao764�36603 RUSH NY It543 EIM CU3TCMM TOE # t SI .I,COI�"1 10/25J13 14 10 days 12S351 Ciil i[T CREp ��_— UNTT PAM AMOUNT Vf 00 06-ml/Fmw PILE, EXCKVRTABLB 100 PSI 70.00 634.00 1-ca knvirG=mUt-r'1 P436 10.00 14.44 3.00 6 Fuel &urchkr$e az.04 x7.00 Ticket nwrrbar($) ehippod from pl&nt Boca 03$646 MARE A COMM DECISION USE SETA x 0 6UPRRB10M & OUPRRPAVER 1 1 J BT783'Os�AI.e 5 67.0 4 RTALTM &ALL$ TAX 40.02 COQ SALEE TAX 0.DD PIAME WRI 14=DtThT #3 ADD THE mw 7m OR YOUR CHECY 747.02 Rafael Urdaneta From: Muzicka, Thomas A. [TMuzlcka @acp-fl.com] Sent: Tuesday, February 25, 2014 8:07 AM To: Rafael Urdaneta Cc: David Romano Subject: RE: FM#4204121581-Fed Hwy Beaut 2005-009-Sinkhole Cost Rafael I agree with your number From: Rafael Urdaneta [mailto:rrdaneta @rjbehar.com) Seat: Monday, February 24, 2014 3:17 PM To: Muzicka,Thomas A. Cc: David Romano Subject: RE: FM # 4204121581-Fed Hwy Beaut 2009-009 - Sinkhole Cost Tom, Please find attached revised cost analysis. Inspectors agreed with showed times and equipment. Rafael Front: Muzicka, Thomas A. [mailto:TMuzickagacp-fl.comJ Sent: Thursday, February 20, 2014 10:25 AM To: Rafael Urdaneta Cc: David Romano Subject: RE: FM # 4204121581-fed Hwy Beaut 2009-009 - Sinkhole Cost Rafael Can you advise on this I'm getting different numbers on the equipment rates. 75D $4790/ma /176hrsX.966 adj+$22.50 Operating cost=$48.79/hr you show 49.48 Volvo$5340/mo176hrsX.951X.909+$37.65 +63.87 you show$62.04 Also Please confirm if the time claimed agrees with your inspectors reports Thomas A. Muzicka PE, GC Senior Project Engineer American Consulting Professionals, LLC 2000 Palm Beach Lakes Boulevard Suite 1000 West Palm Beach, FL 33409 Email: TMuzicka @acp-fl.com Office: (551) 253-9554 Fax: (561) 253-9551 Mobile: (954)325-1529 http://www.acr)-americas.com Front: Rafael Urdaneta [mailto:rurdaneta,cirjbehar.com1 Sent: Thursday, February 05, 2014 11:00 AM To: Muzicka,Thomas A.; Hermany, Brian; Peterson, Richard Cc: David Romano; Baliestero, Rafael Subject: RE: FM # 4204121581-Fed Hwy Beaut 2009-009 - Sinkhole Cost 7 Rafael Urdaneta Prom: Hermany,Briar:[Brian.Hermany @dot.state.fl.usj Sent: Thursday, November 14,2013 2:27 PEA To- Ballesteru,Rafael; Rafael Urdaneta; Peterson, Richard; Muzicka,Thomas A. Cc: David Romano; Hopkins,Yanique Subject: RE: Fly#4204121581-Fed Hwy Beaul 2009-009-Sinkhole Cost Good afternoon, The Department will participate 100%(pay for)the cost of the Change Order for the sinkhole MOT and related repairs. The Contract does no#allow the Department to enter into any agreement with Sealand directly.All extra work must be done thru the change order process,I would recommend a separate Change Order just for the sinkhole repair once all quantities are agreed upon. Thank You Brian Hermany Project Administrator Florida Department of Transportation West Palm Beach Operations 7900 Forest Hill Blvd. West Palm Beach, FL 33413-3342 Office (561)370-3140 Mobile (561)531-3090 From- Ballesfero,Rafael(maitto:Ba)iestero2mtdelraybeach_coml Sent:Thursday, November 14,2013 2:13 PM To; 'Rafael Urdaneta'; Hermany, Brian; Peterson,Richard; Muticka,Thomas A. Cc:David Romano Subject:RE:FM p,4204221583-Fed Hwy Beaut 2009-009•Sinkhole Cost It was my understanding that the DOT was going to fund this directly_Am I mistaken? Rafael C. Ballesfero Deputy Director mf Construction Giiy of Delray Beach (561)243-7320 batieSteTD@rnydeiraybeach.com i°mm: Rafael Urdaneta jmailto:rurdaneta@ribehar comb Seat-, Thursday, November 14, 2013 10:50 AM To- Hermany, Brian; Peterson, Richard; Muzicka,Thomas A. Cc: David Romano; Ballestero, Rafael Subject' FM # Q04121581-Fed Hwy Beaut 2009-009 - Sinkhole Cost Good morning Gentlemen, 1 Please find attached Sealand's invoice for the MOT and repair of sinkholes developed along 614 Ave south of Sta.1824+00 for you to process as requested by your team.it's my understanding we are adding this additional costs to upcoming change order_ Any question, please let us know, Rafael z .a, R.J.Behar & Company, Inc. 1 E Y €1 F a e S P I it to e �.1 October 15, 2013 Mr, Theodore J. Dietz Project Manager Sealand Contractors Corporation 5701 North Dixie Highway Boca Raton,FL 33487 RE: Federal Highway Beautification Project (LAP City of Delray Beach) FIN: 420412-1-5801 &420412-2-5801 City of Delray Beach Project: 2009-009 County: Palm Beach Contractor: Sealand Contractors Corporation, Inc. Subject: Response to Sealand's Letter(8112113)regarding asphalt cut back credit. RJB LETTER N0. C-010 Dear Mr. Dietz: R.J. Behar & Company (R.J. Behar) is in receipt of Sealand's August 12, 2013 letter regarding asphalt cut back credit showed on sheet U-7 detail GU-1.1 for the Federal Highway Beautification Project. Please direct your attention to the Water Main Construction Details, Sheet U-7, Pavement Repair Detail,Note 2b, whereby: "All Pavement Repair shall be in accordance with FDOT Standards, See Roadway Plans for Pavement Design. " Accordingly, the FDOT 2010 Design Standards, Index 307, Sheet 1 of 3, provides details for trench cuts and restorations across roadways. Under "Flexible Pavement Notes," the requirements dictate that "the replacement asphalt shall match the existing structural and friction courses for type and thickness. 71e new base materials shall be either of the same type and composition as the materials removed or equal or greater structural adequacy." Additionally, the contract documents, Section 02574, titled "Pavement Removal and Replacement,"Part 3.02B,Note l General indicates. "Street or roadway pavement cut and removed in connection with trench excavation shall be replaced or restored in equal or better condition than the original and as shown on the Drawings." Additionally, Section 02661,titled "Watermains," Part 3.06A,Restoring Surfaces indicates: 6861 S.W. 196"Avenue,Suite 302 Pembroke Pines, FL 33332 Tel. 954-580-7771 Fax. 854-680-7781 R.I.Beh r & Company, Inc. En g i n e e � s - P i a rn rn e r s "Paved sections shall conform in grade with adjacent areas and shall he of at least dual qua di , " Consequently, the credit offered by Sealand is not sufficient because it is calculated for a 1.25" thick asphalt restoration, when in reality the existing pavement is an average of three inches (3"). Correct calculation and credit should be as follows: Using spread rate from approved mix design: 102 Lbs/Yd2 Total Length: 3898 LF Total Qty=((3898LF X 2Ft)/95F/SY) X 102Lb/SY)/2000 LB/Ton=41.167 Tons/inch X 3 inches= 132.5 Tons. Total Saving— (132.50 Tons)X ($75ITon)49,937.50 Should you have any questions,please feel free to contact me. Sincerely, RJ BEHA.R & COMPANY,INC, lG Rafael Urdaneta, CCM Project Administrator cc: Rafael Ballestero,City of Delray Beach Tim Tack, City of Delray Beach 6861 SW 196"Avenue, Suite 302 Pembroke Pines, FL 33332 Tel. 954-684-7771 Fax. 954-680-7781 wSEflLfl,,flV -910magum calffraAcrans CO3RF. 1708 N.Caldwell Street - Charlotte,Notch Carolina 28206 - Office(704)522-1102 Fax(704)522-0362 Monday, August 12,2013 Mr. David G. Romano,P.E. Director,Construction Management R.J.Behar&Company.Inc. 6681 SW 196s Ave, Suite 302 Pembroke Pines,FL 33332 Federal Highway Beautification FM#420412-1-58-03 &420412-2-58-01 Project Number 2009-009 Mr.Romano, Sealand and the City have agreed to eliminate the additional 1 U cut back on the water main trench shown in detail GU-1 on U-7 of the water main plans. Sealand has calculated a savings of t 55.44 TN of HMA and would like to offer the City a credit of$75.00/TN($4,158.00 total)as a result of this savings. Based on the line items for water main installation, 162 and 163,3898 LF(410 LF and 348E LF respectively)of trench that will not receive a 1'cut back, The total tons of asphalt were calculated thusly.3898' * 2'/9 SF/Sy * 128 LB/SY 12000 LB/TN, Our Material cost is$67.00/TN for SP 12.5mm TL-C and we have estimated$8.00/TN labor cost savings or$75.00/IN cost savings. If there are any questions please call me at 561.997.6715 Sincerely, SEALAND CONTRACTORS CORP. ff Theodore J Dietz Project Manager cc:Vincent J.DiPmspero Jr. File (585)359-8242 , 85 High Tech Drive • P.C.Box 350 - Rush,New York 14543-0350 • Fax(585)359-4808 IrcuffRACrORS CORP., 1708 N.Caldwell Street -Charlotte, North Carolina 28206 - Office(704)522-1102 • Fax(704)522-0362 Monday,August 12, 2013 W. David G.Romano,P.E. Director,Construction Munement RJ-Behar&Company,Inc. 6681 SW 1964 Ave, Suite 302 Pembroke Pines,FL 33332 Federal Highway Beautification FM#420412-1-58-01 &424412-2-58-01 Project Number 2009-009 Mr.Romano, Sealand and the City have agreed to substitute a single line stop and 12"Gate Valve for the 12" Insertion Valves shown in the Water Alain Plans. Based on changes made to Insertion Valve line item Sealand respectfully offm a credit of S 1,350.001 EA for 12" insertion Valves. The revised price of$7,950.00($9,300.00-$1,350.00)will apply to the 7 EA, 12"insertion valves shown in the plans and includes 811 necessary material,equipment and labor to install a single line stop and 12"gate valve at those locations. If there are any questions pkne tali me at 561.997.6715 Sincerely, SI ALAID CONTRACTORS CORP. Theodore 7 D' Project Manager cc: Vincent J.DiProspero Jr. File (585)359-9242 - 85 High Tech Drive - P.C.Box 350 - Rush,New York 74543-0350 - Fax(585)359-4646 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 2009-009 DA'Z'E:�l� PROJECT TITLE: Federal highway Beautification Project TO CONTRACTOR: Seala.nd Contractors Corp. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR TERS PROJECT AND TO PERFORM THE WORK ACCORDINGLY,SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: The City must issue a change order in the amount of$96,816.50,to be paid out of the contract's Undefined General Allowance to the contractor for Quality Control (QC)testing services. In accordance with the Construction Contract, this change order includes the QC testing services that the City is obligated to pay in order to meet Florida Department of Transportation and Federal Highway Administration guidelines for quality construction. Costs are detailed in Exhibit A. Due to the extended timeframe required for State Approval of the project, documentation required for federally funded projects must be updated in the contract. The change order must contain the following documents: o FHWA 1273 (Exhibit B) SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 12,486,967.77 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 12,486,967.77 COST OF CONSTRUCTION CHANGES THIS ORDER $ 0,00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 12,466,967.77 TOTAL CONTRACT TIME WILL BE INCREASED BY 0 DAYS CERTIFIED STATEMENT: I hereby certify that lbe supporting cost data included is,in my considered opinion, accurate and that the prices quoted are fair and reasonable. Se Contractors Corp. ( ntrdetor to sign 8 Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: $86,816.50--contracts Undefined Genera[Allowance DEPARTMENT FUNDING CERTIFIED BY .DEL RAY BEAN,FLORIDA by its City Cammiss' RECOMMEND: By: Enviro Rfl!ffen—t 0 rvices yor A ST: • APPROVED: By: City Attorney City Clerk ...... _ 353 �-242.-Ss-Ai � �6b�t Px3:aax 5t, Rd,Nc.: . .. . . 583 . _ � .. :..� . .. �Z'ark 1-454�=435A "FAX:(5853 35-9-455$ Frid.ay,May 10,2013 °Mr.Rzfael C.BOt:stero Deputy Director of Construction City of Delray Bead 434 S.Swinton Ave Delray Bead.,FL 33444 Federal Highway Beatification FM9 424412-1-58--41&42G412--2-59-01 Project Number 2009-009 Dear Mi.Bollestero, Attached yon will find a propas'e.l in tha amount of$96,S 16.511 wi#h apprWriate back-up for QC testing services for the Federal Highway Beautification Pxajer^t.In accordance with addenduin 2 and previous discussicros we have included the testing portion of this work for chwTe order.This work is required by FDOT auci its also descn_bed in the contact proposal and wM ensure.:the quality of the project meets vvi#;i FDOT and FHWA gL4deiines:for duality capon, If there are any quersfims please call me ai 561.997.6715 Sincerely, SEALAND CONTRACTORS CORP. r Theodore J Diefz Prc jest Manager oc:V. cent J.DiProsi)=Ir. File Propmal Ervrn: ._- E3r=+jec� Federal Highway ComrsawrOps CORP-' De5� 1 13Er [ I IC3xlC1il ri'W T DESC121PTION BID CCTY U/M Ulst T B16 AE1ttt5t3NT aai 21D.DW EA 16_50 $3,465.00 C.wpn-=Iye Sbw]gth Cyffndem DC2 16,000 EA 82.50 S1,320.0D Standard Proctor pC3 6.0110 EA 53,50 $561.00 McdiEsd Proctor D04 IIMD EA 242,DD $2,662-00 Umsrocic Bearing Rafio Oars 6.000 EA 2200 $132.00 pH Content D06 21:000 EA 60.50 $1,270.5.0 Organic Content 007 21.000 E4 60.50 $1,27x.50 Sieve An*s-s DDS 21.DDD EA 77.00 $1,517.30 Rasbc&E_igkAd Lknit Pro osal camrricrairs cOAW. ITEM t DESCRIEMON BED QTY UIM UPI€T SID AMOUNT DR9 2.625,00{} F-A 19.80 .4511975.00 Nuciear Dwsity Test D1D 3.D00 EA 275c.D0 $8.2WM GSL Testing oil 1558.004 EA 55.00 $8,690.00 HMA Corm 012 53:000 EA 11.00 �3.0r► Air Content D13 53.000 'GA 11.00 $593.DO Acceptance Slum Test 014 2,62E.DDD EA 5 5Q $14,437.50 Moeure Content(Speedy Wr tuure) TOTAL BID. $96,8 tfi.o - Signature' Theodore.!Dietz Prot Mager I � { F-nukonmer�ak t GantnGhktita€a�ans6vc€fofl[Aatpela�Tas6nB r 7fnrrafwYd and Spedal lmpec�p6.PEat Rer�ar¢$Code Cotrep{Fanaa Mr.Vincent DiPraspero Jr. April 23,2013 Sealand Gontractors Corp. Past Office Box 350 Rush, NY 14543 Phorre: (535)353-9242 T= (585) 359-4808 RE: Proposal for Professional Consutting Services Faderal Highway Beautification Delray Beach Delray Beach_,FL Proposal No. 12.1242.02 REV 04123i!13 Dear Mr_ DiProspero: GFA International, Inc. (GFA) appreciates the opportunity to become a part of your project team. Our professional engineers, geologists, and operations staff are dedicated to making this project a success both on schedule and within budget. We are proud of our commitment to maintaining the highest levels of customer service and client satisfaction, arul respectfully submit the fol lowing for your consideration. PROJECT DESCRIPTION GFA understands that this is a Federal Highway BOR' Utificabprt project ranging from Sauth of Ioth Street to Notch of Gorge Bush Boulevard in Delray Beach. 136cuments provided to GFA were plans by Kirnley Hom &Associates, Inc. The Geotechrdcal Report was provided by Tierra dated 07120/10, GFA acknoAedges receipt of Addenda#1,#2 and#3. SCOPE OF SERVICES GFA anticipates that the following services M11 be required for this project 1. GG Inspection Support Services 1215 Waffiam Drive•Delray Bw.:h,Fiolda 2U44-(W)347-OU70 f5")2H,5805 l www.tsmgfa.com OFFrzs THanua�ior'R-apam Fsderal Highway Beauidficafnon€)dray Bosch 04f231M3 Proposal No.12-1242-C2 Page 2 of 5 1. QC INSPECTION SUPPORT SERVICES GFA Proposes providing QC Inspection Suppod Services including performing the construction materials teslfng in general acwrdance with the project specifications and tine permitted documents. In general, GFA anticipates the following gill be required: .,);- Provide compaction tests as required Provide concrete tests as reglired rdssrve:Sire m:C �ziers.-. uctur l Gcxtre%-A G3 : gar est Gag t'1 'idtp:test.ir�cluded,...:': - Afsotteii per test ; $ : 4 -:: a0 . $500 iQ A€660 sae Sljmp.Test.�" . � ::.. ASTM C-1 S3":":_ .;- = , , p 10.{3(3::..:.. 50 Starsdard P ro d!o z r f=r fba.. rrrertlBdcEc €4F�15E 1Na[ nic.. ... I :AST V€DJ 698 per-tesi 75:x.7:: :..:':. ' :'.::: .; ;:'$#.;125.8.3 Momed Wrottr�ir-Base ASTM b-1557::. . ° : :::_:: _. =: per Fe - td Dettsrty est-:t�lr�cl�ar ►+Ietl3od,=,4ST-V U-2922: :::.:-. each:::° mi:� Cai�brrt.ta.:Cal cia'rriaartide:Gas_pfessure".� :: : '.; �`. :: :: .: ::° •. '"�:�:`:.:: :. •:.. 4 ;..per-test $5:Di3 :: 43 :. $92;f370.00 Uhneror e'Beartng Riffo' ASM:S�b€U6dSubgr de.'=M5-15 _' - nest =tl.fltl :.:"10 .:-$22DOM p C.arit�t Prepared:Sof��L:ayer)�P�1 A4-�=?�-°�.: _..... ., -:�-.= ` .: : Der hest,-:=$2� :- :;:.�"•:.- ;... .:- ��DQ; . Organic Cofitent Pt par d:5611'Layef3 ASTM_D-,2974:: .$1:100- :..-... S'>eve:4rte3ys�AS : :D,S9-. - i.;.. a c�tfdn TM:D•-2487 :.. .. .... .. : : per .:. 55 :. 20 $9. Ctt3. tl Wash�4q.ASTTVI:Q-134(7 _ :`° : :.°: ....:... . . .. Plas4e And Liquid ASTM D4313 : :: ` .' per-Jest`:: $70.W.''. ',::.:.20:-:s,: .:::.$1 400.00 CSL°Te r3w; ';. ' ::'° °' : -? - :. ". "- ,. :°: acf7°: . :$2,50A.::_ ::3 -$7:54Q. ,.:,.. ':.,. . .. Total:L Federal HighwayBeautiiicabon DeimySaach 04l2SM13 Proposal No.124247-02 Page 4 of 5 These services include an angineering technician or inspector, field sampling, travel, test equipment and a typed report signed and sealed by a State of Florida Registered professional Engineer. The rates for professional angineering services apply to report review, site visits and mae6ngs, consultations,engineering letters, and letters of intent and certification. The overall cost of construction quality control programs is dependent upon the contractor scheduling, weather and ether factors beyond our control_ However, you will only be invoiced for services rendered. ' Hourly rates will be charged in whole hour increments with fractions of an hour rounded up to the next full hour. All hourly labor rates are portal to portal. GFA Mll provide detailed invoices on a bl-weekly basis for services rendered. Our terms are C.O.D. (credit cards are accepted) unless a credit application has been approved or credit has been pravio-usly established. if credit is establishad, our teems will be net-30 days. All GFA services trust be paid in full, €n'cluding final letter, prior to delivery of any F real Letters of Compliance. The pricing contained herein is subject to change if this proposal is not authorized within 90 days from the date of this proposal. if more than 90 days have passed since the date of this proposal, please contact us for an updated proposal. Additional items not listed in this proposal will be quoted upon request. Reports v4I tie-r€istributed promptly to a rma)dmum of three (3) interested parties without charge (Ex: Building Departrnerrt Owner, and Contractor). Additional reports will be billed at 1% of the monthly invoice for each additional party. An GFA services must b6 paid in full, including final letter, prior to delivery of any Final Letters of Compliance. AUTHORCZAMN All services will be conducted in accordance with this proposal and attached Terms and Conditions. To initiate services, please complete arid return the included Proposal Acceptance Agreement form- The Terns and Conditions are part of this agreement. The. signed proposal- acceptance ,agreement farm must be received by GFA via fax or entail prior to any work being performed, and an original copy,!trust be recelved before completed reports can he distributed. CLOSING GFA appreciates the opportunity to submit this proposal, and €ooks:forward to working with you as a memlber of the project team. Please contact the undersigned at 561.347.0070 if you have any questions or comments. From our team to yours, GFA intemational, ltrc. GA#483fi.. tA Trey*Ison Tomas Ortner Business l7Lveic pMent Vice. res; ent- nager � � . � : �lar;"�fa`s L.eat�ng Eirgiste+eti�g SQtrrce �irormrarAaS•Gaotecltldcal.Consuuctian Ai�ker3ars're�ing.thraeFwMaasdy"peciral lrms•Ptan Review&Code Gompi4acn . N PROPOSAL ACCEPTANCE AGREEMENT GFA Intemadonal, Inc. Descr'ption of Services: Professional CQ11sutEing Services Project Name: Federal Highway Beautiflcafian Defray Beach Project Loca'Nons: Daisy.Beach, FL [CFA Proposal No.: 12-1242.02 Prafsasal bate: April 23,2013 REV 04/23113 APPROVAL 3 PA'€MENT OF CHARGES Invoices will be charged and maifad to the arcourtt o Firm: FELL ID#: Attentiort:'T:_A Ot ee - _-- - Address: 5-70t- I�}. ���Kte 4v�a`J , ;2,,A Telephone: 56 1• -t M. !.S Fax: SV1 9' 7 G 7I 7 Email: A$ gAr. <,•,.1 ��.-cyrtfr { S.0 ty► AUTHORIZED SIGNATuRI`.--T. r. PRINTED TAME&TrrLE::. BATE ACCEPTED: if W213! See be[a�nr for service line acc:epta€�ce) ERVICES ACCEPTED: OC lnspectio !;initial accepted service line(s)) PROPERTY OWNER IDENTIf'ICATI€ R.,:(If other than above) ma Address: Telephone: Fax: GFA Irdernational(GFA)reserves the right to withhoid all reports until such time as we receive a signed Proposal Acmptance Agreement or other wrliten authDftMtiM referencing thts in Its entirety. This AGFZUUENT, the propmar and terms and amid'stims consCtute the erare agreement between fhe client and GFA,and supersede all pribr wn'iten or brat understanding. Piease note tfr grirrrg is valid for a period of ribEity€9b)daps fr='prepasal date: Tha above sinned,having full legal authority to bind the Client icimmed in the foregoing Proposal Agreement has read the faregoing Praposal Agreement and.hereby agrees b all of the terms and c onti'r4om curtalned at GFKs Standard Term and CondiGoris attached harato as Exhibit A'which am urcagsarated herein by reference as a fLndamenta€and material pert of the Proposal Agreement The Client agrees and understands fbBt GFA's Standard'Penns and aoridgions have been estabrsshed in -a large measure to aExate certain risks batirese:n Orient and GFA, and GFA wilt not int5ate services wKhout Ments execution of agreement ko the tomrrs of the PMPp 2sal Agreernent and the Standard Terrrfs and Conditions and tither terms and . ._._........ dlfians satfwthirr his 4greement - ------------......._........._ - .._.. . ..._..._..... .........-......................... .... . 1215 Wallace Drke-Deiray 01=h,'Florida 33444.(S l)347-0070•(W)3455505 ffaxl■Vim bsu tg€a.=m Omens THRouGHoa l'I_cpjDA FHWA-4275— Revrsed May 1,2012 REQUIRED CONTRACT PROVSIONS FEDERAL-MD CONSTRUCTION COK TtACTS L General 3. A breach of any of the stipula6ons contained in these IL NorxFm lminatfon Required C oOr act Provisiurrs may be sufficient grounds for fit. Nonsegregated Para-ficies withholding of progress payments,wrttrhoid'mg of final IV. Davis-Bacon and Related Act Provisions payment,termination ofthe cordnact.suspension 1 debarment V. Contract Work Hours and Safety$tandards Act or any other action Betwmined to be appropriate by the Provisions contracting agency and FIiVtIk VI, Subletting or Assignbtg the Contract Vil, Satety:Acnidert Praven€fon 4. Selection of Labor.During the parformalice ofthis corill VIII. False Statements Concerning I-iighwray Prajevts the contraciorshall not use conwctlabarfor any purpose X Impiamertation of Glean AirArt and Federal Water wKhh the emits of a cwnstrist€ion project on a Federakaid Pollution Control Ad highway unless It is laborpe?fornmed by convicts who are on X. Compfiance with Govemmentwide Suspension and parole,suparvised release,or probation. The term Federal-aid Debarment Requtremerlt5 highway does notkrciude roadways functionally ciassifred as A. Certification FFega2Crng Use of Contact Funds for local roads or rural minor collectors. Lobbying ATIAGHMEN—IS El, NONDISCRIM NATION A-Employment and Materials Prekmnce for Appalachian The provisions of this section related to 23 CFR Part 23D are Development Highway System orAppralactiian f_oGdi P-mass applicable to all Federal-aid eonstnKtDri contracts and to all Road Contracts(included in Appalacillan contracts only) related construction subcontract of$10,46D or more. The pmvisions;of 23 GFR Part 230 are not applicable to material supply,an9ineering,ararchifedural service contracts. i. GENERAL In addition,the contractor and ad subcontractors_rust comply i. Form F}itM1fA-i273 must be physi=�Dy incorporated in each with the following poficies:Exeoufi2 Order 11246,41 CFR 60, constriction contract funded under Title 23(excluding 29 CFR 162&-1627,Title 23 Ll Section 140,the emergeroy mrdracts soieky intended for debris removal). The Rehabll6ation Act of 1973,as amended(Z9 USC 794),Title VI contractor(or subcontran"must insert th's form in each of Ole Civil iRtglrts Act of 1964,as amended,and related subc�ritract and krther reeluire rL lndusion in ak lower fer regulations including 49 CFr2 Parts 21,2E;and 27;and 23 CPR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other ag7Per a its for supplies or services)_ The contractor and all sutrcirrtractors mtr.,t comply with: the The applcable requirements of Form FF{`NA-1273 an- requirements of the Equal Opporttrtity Clause in 41 CFR 6D- lncaparated by reference for work done under arty purchase 1.4(b)and,for a6 construction contracts Exceed"sng$10,0011, order,mritod agreement or agreanent for other services. The the StanCard Federal Eq ual Fmploymenf Opportunity prime contractor steal€be responsible for compFwaoo by any Conshuctian Contract Spadfloations in 41 CFR 50-4.3. subcontractor,lower-bar subcordm dor orseroce,provider. Note:The U-S.Departmeit of Labor has exclusive authority to Form FHWA-1273 must be indided in all Federal-aid design determine compfance with Executive Drder 11246 and the build contracts,h all subcontracts and in lawerter policies ofthe Secretary of tabor including 41 CFR 60,and 29 subcontracts(exckdng subcontracts for design services, CFR 162E,-1 s27. The confraaling agency and the FHWA have purchase orders,rental agreements and other agreamonts for the authority and the resporzsfhirtyto ensure r omptil with supplies or servrees). Tire design-budder shall be=pwmi le Trite 23 l Section 144,thR Rehishi iisid4n Act of 1973,as for compiiance by any subcontractor,iowerfier subcontractor amended(29 USC 794),and Title VI of the Givtl Rights Act of or service provider. 1954,as amended,and related regulations including 49 CFR Parts 2t,26 grid 27;and 23 CFR Parts 200,230,and M. CorM-dcterg agencles may reference Form 1=HWA-1273 in bid proposal or request for proposal davuments,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced;in all contrails,subcontracts and lower4or beparkut!rd of tabor(US DDL)and rMA requirements, subcontracts(excluding purchase orders,rental agreements and other agreements tar supplies or services related to a 1.Eclrral Employment Oppor rnitr Irqual employment conshudion conbra-,t�. oppocturnf(y(EEO)requirements not to digarirniinate acid io take affirmafrve action to assure equal opportunity as set forth 2 Sub)etd to the appircabW(there mated m the following under laws,exeuahm nrnecs;,rules,regcrlafions(28 CFR 36, sections,these.contrisct provisions shall apply to pN work .2B CF?163(1,29.GFR 1625-1527,41.CFR 60 and 49 GFR 27) perforated on the contract by the contractor's own organization and orders ofthe Secretary of Labor as modfled by the and wish the aasistariCre of workers under the contractors provisions prescribed harnan,and imposed pursuant to 23 immediate superinteriderloe and tc all vrork perfomaE:B an ffia U.S.C.140 shaft constitute ttte FFO and spe:.ific at6rmatil contract by pieceworlt,station work,or by submntrac L action standards far the conkractar`s project activities under 1 Ns contraart,The provisions of the Americans with Disabrldfes 4.F.ecnaAment When advertisng for employees,the Act ofig90(42U.S.G.12101 etseq.)setforth.underM MFR contraciurwIll incude in all admtsementsloremployees the a5 and n CFR 1 M are incorporated by reference in this n❑lation;'Ar Eauai Opportunity Employer! All such contract.in fits execufion of this contact,the carirrador advertisements wilt be placed in publications having a large agrees to compiy with the following minimum specific dmuiation among minorties and Women in the an_a from requirement ac�es of EEO; which the project workforce would normally be derived. a.The cwt-actor wIl€work wlfh the oDritracling agency and a. The canEractorwilt,unless pieduded by a va+id the recieral Goverment to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effortta provide equal opportaniTy with respect to all recnribnent through public and private employee referral offts terror and conditions of employment and in their review sautoes Feely to yield qualified minorities and woman To of aci vifies uriderihe cordract meet this requkement,the contractor Will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the sden'tified soaves procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration 'It is the pofrcy of this Company io assure that appiicants are ernpioyed,and ti-at employees acs trmate<i during b. In the event the contractor iras a va€'rd bargaining employment,without regard to the"r race,religion,sex,color, egreemerrt providing for Excduslve hiring hall referrals,the national origin,age or disability. Sucb action she[include: t❑ahaciw N expected to observe the provisions of%at employment,upgrading,ck notion,or transfer,recruibnant or agreement to the extent that the system meets the contractor's re=iiment advertising;layoff or termination;rates of pay or compliance'Arith EEO contract provisions- Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of tnduding apps—hip,p—plreTiticeship,andfor❑n-the- discimhating against niinorifies or women,or obiigates the job training.' coulractor to do the same,such irr p3emen ation violates reeeral nordiscximination provisions. 2. EEO Officer,The confra=7vnll designate and snake known to the contracting i0cers an EEO Officar who will have c The conhaciorvsiif enc am-age its present arnpteyees to the resporssibility for and must be capable of effec ivaty refer minorities and women as appiicenfs for arnpioyment ackmr.ristering and promoting an active EEO program and who Information and procedures with rogatd to referring such must be assigned adequate atdhority and responsibility to do applicants will be discussed with employees, so, a,personnel Actions-Wages,wor7ang condaffong,and 3- ❑isseneination of i'oriW.Ali members of the contuacinr's employee benefits shall be established and adminis�fei+A and statrwho are authorized to hire;supervise,promote,and personnel aciions of every type,f zIuding hiring,upgrading, discharge employees,or who recommend sLr-h action,orwho promotion,transfer,demmfion,layoff,and termination,shall be are subsfanttafly involved in such action,w3fl be made fully fakers wlthoiA regard to race,[Dior,re6glon,sex,natlorral oogn�,-ant of,and wall implament,Kw c ortractbr's FEO policy origin,age or disability. The following pro:,^edures steal[be and cnniracfual respomibiriges to provide EEO in each grade followed_ and classifecatyan of employment. To ensue that the above agreement will be reek the following actions MT be to ken as a a, The contactor wifl conduct periodic inspadiors of project minenrmc: sites to insure that working conditions and employee facliities rio not Wirate discrtmirratory treatment of project site a. Periodic meetings of scrpervisory and peisormel otiice personnel. employees will be mndurded before the start of work and then not less often than once every six months,at which time the b. The coot odor witl pEeodlcally evaluate the spread of contractor=s EEO policy and its implementation wil be wages paid wihn each classtlrcation to determine arty reviewed and e#ained. The meetings will be conducted by evidence of disairNriatory wage practices. the EEO Crfficer; e The contractor will periodically review se6ded personnel b. All new supervisory or personnel ofte employees wig on actions in depth to determine whether there is evidanoa of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor wiR all major aspects of the writractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty clays tollowing their reporting for duty with the contractor, discrimination may extend beyond the anions reviewed,sums corrective action shatl include all affected persons. c- All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d- The rontractnrvrsil promptly Investigate:all comptaints of contacicir's pmcaduras for locating and hiring minvrilits arxt alleged discrroniratinn made to the contractor in connef:fion women with its obligations andw-this o❑ntrad'wi l atteamptto resolve such complaints,and wi l take appropriate corrective action d- hlofices and posters setting forth the corstrackors EEO wrThio a raasonabie time. Ifthe investigation indicates that the policy wifl be placed in areas readily accessible to employees, ftudminaton may affect persons other that[the complainant, appllcants for emptaymark and potential employs. such cormcOwe adinn shall incude such other persons. Upon completion of each investigation,the wrdractor wifl inform e. The contractor's EEO policy and the procedures to every complainaM of alb of their avenues of appeal. will brought-to the of ............................. .. .- ......,.................... ....,.......-.- --irmplenlerrtsurdi cy -.-.-........._._... . employees by means of meetings,employee handbonks,or C.Training and Promctlio= oftrer appropriate meare- a. The contractorvwll assist in locating,qualiiying,and increasing the skills of minorities and women who ere 2 appfrcants far employment or current.empioyees. 5uci5 efforts with the requrements for and comply with the Americans with should be aimed at developing full)oumey level status DisafiiiWes Ad and all ntles and regulations estabrshed there employees in the type of trade or-Job dassitination involved. Linder. Employers must provide reasonable accommodation in all employment actives unless to do so would cause an b. Consisted with the�=ntractods work farce requirements undue hardship. and as pe missibie under Federal and State regulations,the contractor shall make furl rr a of tralning prograftm,Le_, S.Setectian of Sulrcotitractom,Procurensent of Materials apprenticeship,and on4ine-}ob braining programs for the and Leasing of Equipment The mniraclar shall not g:.ogdaptircal area of contract parformarim, to the event a discriminate on the grounds gf race,color,refdgion,sex special pro Asionfortrairimg is provided under Uils contract, national origin,ago or disability Inthoselecfion and retention this subparagraph VAI be supu_rseded as indicated in the of subcanttaclors,including proclrrement of materials and spedal provision. The contracting agency may reserve leases of equipment The contractor shall fake ail mmssary training poshicim for persons who receive weHare assistance and reasonable stet sa to ensure nondscrimiriobon in the in accordanuz with 23 U-S.C.14p(a)_ admiulstrabon of this contract. o The contractor cvig advise employees and applicants for a. The contractor shall riD*at potential submntractars and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each, contract. d_ The contractor will psriodicaty rm4ew the training and b. The mntractnrw'al use good faith efforts to ensure promotion potential of employees whp are mkrorilies and subconh-actor compliance with their ECO obligabors. women and will encourage eligible ernployees to apply for such training and promotion. tn.Assurance Required by as cI=RZS_•ta(b): 7,unions;lfthe cgrifractor relies in whole or in part upon urvons as a source of employees,the mniractor will use good a. The requirements of 4P CFR Part 26 and the State faith efforts to obtain the cooperation ofsum unions to DOT's U S-DDT-appmvad DBE program ale in,^.orgrxated by increase oppurtunifies for minorities and women. Actions by reference_ fire contractor,eit4e:T directly or through a cor&actor�s association acting as agent,will irrclucle the procedures set h. TI-de conf arbr or subcmtractorshalf rcpt discriminate on forth balow_ the basis of race,color,national origin,or sex in the performance of this contract The contractor shall carry out a. The cnntrac'torwili use good faith effort to develop,in appficzd�e requirements of 4B CFR Part M in the award and coopaiofian with the unons,joint training programs aimed ackninistrafion of DDT-assisted contracts, Failure by the toward qualifying more minorities and women for membership contractor to carry out three requirements is a malarial breach in the unions and Increasing the slats of"noriftes and wonnert of this mntraot,which may Te3Ult in tt*�terminabon of l his so that they may quafifyior higherpaying employmerrL c;ogb-aa or such other remedy as the mnncftrrg agency deems appropriate, b. Tit°cungargorwill use good fantr efforts.to Incorporate an FEO clause into each union agreement to the and that such 11_Recarft and Reports The contractor shall keep such union will the contractually bound to refer applicants without records as necessary to documerit compliance with the EEO regard in their ram,color,refigian,se)4 nationd origin,age or requirements. Surxr records shall be retained fora period of d rsabelity. three years foflnvucog the date of-the foal payment to the contractor for a@ contmctwork and shall be available at r« The contractor is to obtain information as to the referral masorrame times and places for inspection by oudtorized practices and policies of the labor union axcept that to the representatives of the mnbacting agency and the FHWA,• etdent such information is wlthir,time exclusva possession of the labor union and such labor union refuses to fumish such a_ The records kept by the contractor shall documnnt the infurmation io the contractor,the contractor shall so certify to following: the contracting agency and shall sat fott_h what efforts have beet made to obtain such irrfomrabon. (1)The number and work hours of minority and rron- minority group merrrbers and women employed in each wort: d. In the evaritthe union is unable to provide the contractor classification on the pmject; with a reasonable flow of referrals Alain the tiara Grnl set forth in the collective bargaining agmernerit,the vordractorwil€, (2)The progress and efforts beefing made in cooperation firrough independent recruitment erriorts,fill the employment with unions,when applicable,it increase employment vacancies wnout regard to race,color,religion,sex,nalional opportunities for rrimDrities and women;and origin,age or disabj matting ft dl efforts to obtain qualified anchor puaWnable minorities and women_The failure of a union (3)The progress and efforts being made in iomting,hiring, to provide sufficient refer:als(even though it is ohligated to training,qualifying,and upgrading minorities and women; provide exclusive raler:als under the Terms a a coliectfvve bamaiirikQ agreemesit)does not re @eve the cortractor tfan the b, The mritrac-Acm and subcontractors will subml an annual reluirernerris of this paragraph- Orr the eventfhe union referral report to the contracting agency each.July forthe dura[ion of practice preverds the contractor Sion meetkrg ft-obligelians the project,indicating the numberof minority,women,and pursuant to�txd Irve Order 11246,as amended.and these nun-minority group employees currently engaged in each work special.provisiam mich.,aantraotor stall immedliliely noblythe This;infontrmafion is. . . - .. contraCring agsnry. to be raported on Fotlrr FHArA-#?91-The staffing data should represent tine project work forte an beard in all or any part of a. Reasonable Accammodation for Appficants 1 the tat payroll period preceomg the and of.}cry. If or4he--jab Employees with DiisaTailities. Ttre cnmirattor must be familiar training is tieing required by special provision,the cor&aetar 3 wil}be required to coliect and report training data.The of paragraph t.d.of this section;asu,regular contrtriufrons smplayment data should affect the work force on board duang made orcosts incurred for more than a weekly period[but not al or arry part afthe last payroti period preceding the end of less often than quarterly)underplans,funds,or programs July, wrhic i rover the particular weekly period,are deemed to be corsiructively made or Incurred during such weekly period. Such laborers and rn=harics shat be paid the appropriate tit,NaNSEGREGATED FACILITIES wage rate and fringe_benefit$on the wage determir4dan far the classifrcaion ofwork actually performed,without regard to This pravisian is appbcable to ail FedemlLaid construction skill,extepi as provided in 29 CFR 5.6(aX4).Laborers or contends and to all related c Gnstruction subcontracts of mechanics performing work in more than one ciassificaiion $141,000 or more. may be cornpermErted at the rate specified for each ciassifit;tion for fim time aclualty wad therein:Provided, The conlractormust ensure that facilities provided for That the emplayeris paymull records accurately se torth the employees are provided in such a Marmerthat segregation on time spent in each classficu6on in which work is performed_ the basis of race,color,religion,sex,or rrationai origin cannot The wage delarmmaticr3(tridading any addtnanat classWicatlon msu:L The eontsclor may nernerrequlre swh segroDatpd and wage rates conformed under paragraph 4-b.of ifiis use by written or o:al ponces nor tolerate such use by sectioti)and the Davis-Bacon poster{WS-1321)shall be employee custom, The cantractor's obligation extends furttrer posted at all tunes bytlhe contractor and its subcontractors at to ensure that its eritployses are nut assigned to perform their the site of the work in a prominerrr and accessthie place where services at any lacab n,under the contractor's control,where it can be easily seen by the workers, the faciittles are segregated. The term"far�TifiW includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The cornea-cling afic arshall regalia that any loss of time clocks,restroarns,washrooms,locker rooms,and other storage or dressing areas parking lots,dims king faartairrs, laborers or mechanics,irrntwh helpers,which is no misted in rarxeation or enieA-Anment areas,trarrspa Acton,and housing the wage determination andwhicli is to be employed rmderthe provided for employees. The contractor shall provide separate deteract shat)be classified in g aftrnar'x writ the wage or single-user restrooms and necessary dressing or sleeping �terminatian The contracting officer shall approve an areas to assure privacy between sexes. additional classification and wage rate and fringe benefits therefore only when the following rMeria have been met: iv. DAy1s-j3A;ok AND RELATED ACT MOVISIONS (7 The work to be performed by the clasp:ficstion requested is not parfcwmed by a classification in the wage This se-lion is appiicabie to all Federal-aid canstrudman determination;and projezis exceeding sZOOO and to all related subcontracts acrd lower-tier subcorkrac s(regardless of sub:ontract size). The (if)The dasstFCatlon is ulflaed in the area bythe requirements apply to all projects located within the right-0�- canstruc5on industry-,and yray of a roadway that is functionally dassiffied as Faderat-aid highway. This excludes roadways furic5onalky classified as (5i)The proposed wage rate,including any bona fide local roads or rural minor collector,which are exempt fringe trenefcts,ir?ats a reasonable relationship to the otheracting agencies may elect to apply these requirernerrfs tQ wage rates contained km the wage date mrinafiar. other pra)ec�. Tire following provisions are from the U,S.Deparhnent of (2)If the contractor and the laborers and mechanics to be tabor regulations in 29 CFR 5.5"Contract provisiaus and employed in the dassM=Ron{if known),artheir related matters"with minor ravisions to conform to tire F'WVW represent8fives,and the contractirng offi>--r agree on ttie 1273 formal and Fk liAfA program requirements classification and wage rate(including the amount designated for fringe bar�aflts where appropriate),a report of the action taken shall be sent by the coNrarfing officer to the 1. Minknurrm wages Administrator of the Wage and Hour Division Emrrpkayment Standards Adrrjriistraatian,U.S.i?egariment of Labor, a. Ali laborers and mechanics emplayed or working upon Washington,DC 2D21D.The Administrator,or art authorized the site of die work_Wit be paid unconditianaEly and ooh less aeprozearlative,we'll approve,modify,or dicapprove every often than once a week,and without subsequent deduction or so advise classification action WWII)or 3p days of receipt and nom,{_on arty account(exceptsuch payroll deductions as are of cer wit the contracting officer or will notify the cwstraating permitted by regulations issued by the Secretary of Labor officer within the 30-day period ttrat addi[io gal time is underUw Copeland Act(29(-'FR pan s)),the fur amouirt of nec seamy, wages and bona fide tringe benefits(w rash agrevaleats thamr~ot)due at time of payment computed at mates not less (3)In the event the contratdor,the laborers or rnecharirm thm those rantained in the veape determination of fie to be employed fn the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting afiicerdo not agree on thB proposed hamrif,regardless of any contraCulal relaliorrs,*which may classification and wage mte(irr—Idding the amount be alleged to exist between the contractor and such laborers designated for fringe beaeft,where appropriate),the and mechanics, cnritrading officer strati questions,including the views of air hrterested parties and the rawrnmendaffon ofthe Coritrfbufions made or costs reisomiatity aribuir itad for libna contracting ctlicer,ID the Wage and Hour Administrator for. . Me fringe benefits anderse fion i{h)(2)offtie Davis-Bacon de=termination.The Wage and Hour Administrator,or an Act an behalf of aridei or mace I(b)(are cam;iavis- wag=s authorized representative,will issue a determination wiftrlm receipt paid to such labx ers or mechanics,subject fa the provisions S0 days of and so advise tie oonisaadng officer or 4 vA riotffy the contracting ofn.^.er within the 3OAay period that Bacon Act,the m1m ctor shall maintain remr+&which show additional time is necessary. that the commitment to provide such berrfits is enforouabia, that the plan or program is financially responsible,and that the (4)The wage rain(hrciung fringe 6enefrts where plan or program has been communicated in writing to ttrain n appropriate)determined pursuant%paragraphs 1_h.pZ or mstsal's or mechanics rlr atlaold,and cooed in ice sling such I.b.3)of this section,shall be paid to all v�iorkers performing casts t&.Cu ni'a arthe actual cost tncatrred in trabees sure ( benefits.Corcid'a�rs employing apprentic°<<o;iraoi�s under work in the elassr7ecatioa under this contract from the first approved prog.ams shall maintain written evidence of the day on ufiirfn work is performed in the riasst6caiumn• registration of apprenficeship programs and cer6frrfion of trainee programs,the registration of the apprentices and c,Whenever the minimum wage rate presmbed in fee L-ainees,and the ratios and wage rates presorted In the contract for a lass of laborers or mechanics includes a fringe apPticzbSa Programs• benefit which is riot expressed as an howty rate,the contractor shall either Pay the banal t as stated in the wage determination b(I)The contractor shall submit weeldy for each week in or shall pay another band fide fringe benefit or an hourly cash 1N jeh an cordract work is performed a copy of all payrolls to egdvak-,nt thereof the contracting agency_ The payrolls submitted shall set nut sic urately and completely all of the information reclLiued to be d.It the contractor does not make payments to a trustee or mafnfeafned under 29 GFR 5.5(ax3)(I),excert that full social other third person,the oorrtracdor may carslder as par,of the security rwmber5 and?come addresses shat!not be irrriuded trages of any laborer or mechanic file amount of any costs on weakly ttammttlats.Instead the payrolls shat only need to reasonably antcpated in providing bona fide fringe benefits 'rndude an individually identifying number far each employee under a ptan or program,Provided,That the Sic!=Lary of e_g_,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payrof information may be that the applicable standards of the Davts-Baczm Act have submitted in any form desired.Optional Form WH-347 is been met The Secretary of Labor may require fire cointr'actor available for this purpose from tea Wage and Flour Dfvisicm to set aside in a sepamte accourrt assets for the meeting of Wcb site at http:lfwwur_doLgovfesahvhdtforaWwh�instr_htm obtigabons under the plan or program. or its sucoe.sor site.The prirrre contractor is responsible for the submission of copies of payroll,by all sobcor&acdors. Gorttrac:tors and subcontractors shall maintain the full social 2. Withholc[mg security miner and vxter it address of each Cavered worker, and shall provide them upon request to the comirarting agency The contracting agerrcy shall upon its owri action nr upon for transmission to the State DDT,the FHUYA or the Wage and written request of an authorized represel stalive of the Horn Division of the Depafunent of Lahorfor purposes of an Department of Labor,withhold or cause to be wdhheld from investigation or audit of compliance with Prevailing wage the contractor fonder this contract,or any of-or Federal requirements.It h not a viafatron of this section for a prime contract with the same prime mnlrartrx,or any other tederafiy- coretradarto require a s2LOmntrador to provide addresses and assisted contract subject to Da,&-Bacon prevarTng wage social security ri=bers to the prime contradbriur its awn requireir'tents,WbIch Is field by the same panne corrfrador,so retards,wdhoutweeidy submission to Brie cnnlmcfing agency.. much of the accrued payments or adva'ices as may be considered necessary to pay laborers and mechanics, (2)Each payrot submitted strati b--accompanied by a huluding apprentices,trainees,and helpers,employed by the IStaterneni of Camplience,'signed try the contractor or cantmctbr or a ny subcontractor the find arnmunt of wages subcontractor or his or her agertt who pays or supervises the required by the cortfrarL In the event of Woe to pay arty payrnent of the persons employed under the rnrr6act and shall laborer or w&ctianm,including arty apprentice,trainee,art the folfawirrg: helper,emptbyed orwDAing or the site of the worts,all arpart of the wages rerlo"d by the contract,fee cort ac Ong agency may,after written notice to the co dractar,take such action es 0 That the payrot€for the payroll period contains the may be necessary to ruse the suspension of arty further information required to be provided under 95.5(a)(3)ii of payrnert,advance,or guarantee of funds until suck)vOlatiors Regvlafiwm,29 CFR part 5,the appfoprhte information is have teased_ baingmaintaiaed under§5.5(a)(3)(1)of Regulations,29 CFR part 5,and that such biformation is correct and 3_ l'ayralls and basic records complete; a_ Payrolls and basic ecords relating thereto shall be helper,That each taborer or mechanic(including each coraTact maintained by the contractor during the course of the work and helper,he payroll and trainee)emp id the on the weekly reserved for of three years thereafter for all laborers drains the Payroll period has been paid the tu3 weekly P Period wages eared,without rebate,ei#tex directly or indirecfly, and mechanics working at the sit:of ft wodc Such records and that no daducbons have been made either direr tty or shall wntain the name,address,and$octal$P=urity number of trriireaty from the tug wages earned,ather than vacii such worker,his or her correct dassificaiian,hourly rates permissible deductions as set forth in Regulations,29 CFR Of wages paid(includig rates of contrtutiorrs or casts {3_ antiipated for bona fide fringe bentfcts or cash egLdMenls uw---DT of the types desrsibed in section I(b)(2)(B)of fit- Davis-Bator Act),dally and weekty number of iaou.-.worked, Coo That cacti Inhorer or mechanic Sias been paid not deduc Uum made.and artval,wages paid_1Mhere v—the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 GFCt that cash equivalents for the 6essiera5on of work Performed, the wages of any Iaboru or machar;r,include the amount of as specMed in the applicable wage delermInaton any casts reasonably anticipated in providing benefits tinder a incorporated into the contract plats or program descx;oed in section f(bPXB)of the Davis- 5 (3)The weeldy suixnission of a properly exe a rate spe-alfred in the applicable wage determination, certification set forth an the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with Wi4--347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.if Me "Statement of Compliance"rEquired by paragraph 3.b42)of apprenticeship program does not specifyfraige bereffls, this section- apprentices must be paid the full eimow7t of fringe benefits hAed an fire wage determination far the app€mcable (4)The faLsificalogn of anY of the above certifications may caassl€rcafiom It ft Admirdstrator determines that a dff6rant subject the w&autw or subcontractor to tduif or criminal practice shah be f d inn applicable with at ofass hcation, prosecution undersedion 10Df gffftie 18 and secifon 2V of fringes snail ba paid in accordance with that de�munaEiRn. title 31 of the L 14ted States Code. In the event the Dffice of Apprentixship Training.Employer C.The carr6'acirar or suioeonhacdnr shall make the records and labor Services,or a state Apprenticeship AgancT required under paragraph 3.a ofihis section available for appr mice by the i ,wifhantra approval loan ins o copying,or tramsc' on ajWorized permitted ID fp program,the s at l ctar wdi no longer be l rr,�Yi g riPti by permitted to Ike a pprentices at less than fRle appficattFo representatives of me oom acfing agency,the State DOT,the predetermined rate for the work performed until an acceptable FHWA, or the Department of Labor,and shall permit suoh. pmgram is approved. representatives to interview employees during worktirg hours on#re job,if the contractor orsub nb-actw tails to submit the required recwds w to make them avalable,the FI*VA rnay, b.Trainees(programs of the USDOL). after w itten notice to the canlrartor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 28 CFR 5,16,trainees will not 1>tp cause the suspension of any furthor paymont,advance,or perfntfterd to wort:at less than the predetermined rate for the guarantee,offunds.Furthermore,failure to subint the required work perfanned unless they are employed puarsuarrt tD and records upon request or to make such records av-ORbia rney individually registered in a program which has received prior be grounds'for debarmant ac€ion pursuant to 26 CFR 5.52- approval,evidenced by famiat cetfi ication byte U.S. Department of Labor,Employment and Training A, Apprenfices and trainees Admkirst afion. a.Apprentices(programs ofthe USDO4 The ratio of t ainees to journeymen an the job site stroll not be greater than perrnitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Adminis;i atinrr_ predetermined rate farthe work they performed whey,they are employed pursuant to and individuatty registered in a bona fide Every trainee must be-paid at not less than the rate specified apnretAceship program registered with t�e U.S.Department of in Ire approved program farthe trainee's leva of progress, Labor,Employment and Training Admirristra on,Office of expressed as a percerrtag a of the journeyman hourly rate Apprenticeship Training,Empivyer and Labor Services,or with specified in the appiicab}e wage delerrninailan Trainees shall a State Apprenticeship Agency recogri sd by the Office,or if a be paid fringe benef'ts s in accordance with the provisions of the person is employed in his or her first BCf days of probationary trainee program.Ifthe trainee program does not mention employment as an apprerdice in su zh an apprerdiceship fringe benefits,trainees shall be paid the full am ount of fringe prograrn.who is not individually registered in the program,but benefits listed on the wage determination unless the who has been eerCraed by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenficeship program associated wkh the Apprerr5ceship Agency(where appropriate)to be eligible for oonespond'ing Journeyman wage rate on the wage probationary employmert as an apprentice, determination which provides Ur iess than full fringe benefits 'Tar apprentir—s.Any employee rifted on the payroll at a trainee The ailowabte ratio of apprentices to Journeymen on[hie job rote who is not registered and participating in a training plan sits in any craft ato off shall not ou greater than the ratio approved by tiie Frnployment and Trairsing Administration shall perrnitted to the cgntraczor as to�ersfas work force under de paid not info than the sificaflon wage rate on the wage the ragiziered program.Any worker fisted on a payroll at an detenninatian fprain a performing of work the performed. apprentice wage rate,who 1s not registered or otherwise n adds a any trainee heed performing work g rte jah site in employed as stated above,shall be paid riot irss than the excess orrice ratio peftn t outer the registered program applicahle wage rate on the wage determination for the strati be paid trot less than the app€,cable wags cafe On the wage work of wodc actually performed.In addition,airy date minatinu for the urk actually pe formed. apprentice performing work on the job site In excess of the ratio permitted under the reg stered program shat)be paid not In the event the Employment and Training Administration less than the appGcabie wage rate on the wage detemmimaiion withdraws approval of a training program,the contractor wig no for Line iron(actually performed,lWo'e a contractor is range`be permitted to utUL-a trainees at less than the performing corstuAian on a project in a locality other]ban applicable predetermined rate for the work performed until an Nat in which ifs program Is tegistafed,the tabus and wage acceptable pro gram is approved. rates(expressed in permTrtages of the joumreyman`s hourly ram)specified in the cormtractors or suboomirsctars re sstwred c Egos]employment opporhmity The utilization of prbgran',shall be-observed. apprentices,t aineirs and journeymen under this part s�tl be in cmrfomrityis ktr the equal employment opportunfry Every apprentice must be paid at not less than the rate requirements of Executive Order 11245,as amerided,and M apecrilad in tip registered program for the apprentoe's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 i d. Apprenficus and Trainees(programs afthe U.S.DC}Tj Apprentices and trainees working under apprenticesl ip and S CONTRACT STANDARDS ��H DIJRS AND SAFETY skill training programs which have bean Certified by the t`sTARSfIAiZCS ACT Secretary of Transportation as promoting EEO in connection )ft Federal-oid Nghrway construe-lion programs are not The following etauses apply to any Faderat-aid memo ration subject to the mqu renrsn s crt paragraph 4 of this Section rV_ con&act In an anxKktf in excess of$100,000 and subject to the j he straight time hourly wage rages for apprentices and overtime pruvisions of the Contract Work Hours and Safety trainr:es under such programs will be established by The Standards Act These clauses shall be inserted in adMon to partirutar programs.The ratio oft apprentices and Trainees to tha clauses required by 29 CFR 5.5(a)Dr 29 CFR 4.5. As journeymen shall riot he greater than pemri€ted by the tlemts of used in this paragraph,the terms laborers and mechanics the pwficular program_ include watchmen and guards. 5.Comptfarim with CopsianctActreguirernents_ The i.Overtmerequtrrrttents Nocantractororsubcarrractor contractorshatt complywith the requirements of2g CFR part contracting for any part of the caniract work which may require 3,which are imorporated by reference in this contract. or Involve the emplDyrnertt of laborers or rnedianics shall require or perm#arty such laborer or mechanic in any fi.S>rbtarnracts. The contradarorsubr�Mrartnr shad insert workweek in which he orshe is employed on such work to work Form FHWA-1273 h any su'�ntracts and also require the in excess Qt forty hours in such workweek tmisss such subcontractors to include Fofm FH�VA21273 in arty lower tier than on or mechanic ff times a basinsd-1 at a rate nut less subcontracts,The prime can"r:tnrsha1 be respnristhie far the than one and exec off ty ho then such ram of pay for all hours cornprmnce by any subcoBbracEor or looser tier subcontractor worked ut rn fn:ty tours in such workvreek with all the contract clauses in 29 C;=R 5,5. 2.4rolaEion;liability for unpaid wages;liquidated 7,Carrtract fsnninatiaa:debarment da"os_ In the eventof any vtolatian of the ctayse setforth A hreaci of the contract Causes in 29 GFR 5a may be grginds for temlirta60n to bcunb-vi {1.}of this l section,t &r w call be for and any of the c ontrracl,and for deharnernt as a contractor and a unpaid haggis responsible therefor shall be liable for the subconlrarinr as provided in 29 CFR 5.12_ unpaid wages.In addition,su:c.-h�i.c,�o(i the and subcontractor shall be Gable to ttte Uni#ed States(in the case of work dome under tor3ract for the U[Strict of Columbia or a territory,to such a.Cornptiance with Davis-Bacon and Related Act District or to such lenitory),for f gLfidated damages_Such requirerrrents. Ail rulings and interpretations ofthe Davis- liquidated damages shall bee comTroted with respect to each Baron and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or macrame,including watchmen and are herein incorporated by reference in This=ntract_ guards,employed in viola8nn of the clause set forth in paragraph(1.)of this section,in the surn cf$10 fnr each 9.CSispntes t�ot2cetrring tabor standards.Disputes arising onlendar day on which such individual was required or out of the labor standards provisions of this cuhtract shall not hours led to warym ent of.t of the standard workweek of folly be su -ect th the general disputes Cruse of this contract.Such hours setout payment r the overtime wages required by the � 9 P� clause set ftrrftt in paragraph(1.)of thl5 section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,5,and 7.Disputes witWn the m caning of this clause include disputes 3.writhholding fur unpaid verges and liquidated damages. between ftte contractor(or any of its subcontractors)and the The FH1NA m the cvrtadirtg agency shall upon its awn action eonlradirg agency,She U-S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labe-withhold or cause to be withheld,from any moneys payable on account of work performed by the 1a-Cercatian of digibifify. contractor or subcontractor under any such contract or any tiE+ other Federal contract with the same prime contractor,or any other foderatty-assisted contractm jeotto toe.Contract Work a,By entering loin this tontract,the contractoroertifres that Hours and Safety Standards Act,which is held by the same neither it tnor he or she}nor any person or firm w'no has an prime oDniractor,such sums as may be determined to be interest in the contra*)ft firm is a person or firm ineligible iD reciassary to satisfy any tiabTF aies of_such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and Ilquidated damages as the Davis-Eiacwn Art or 29 CFR 5.12(a)(1). provided in the dause set forth in paragraph(2,)or this section, b.No part of trtls corhract shaft be subcontracted to arty person or firtrl irrafigible.for award of a Government contract by virtue 4.Subcontracts.The contractor or subcontractor shall Insert of section 3(a)ofthe Davis-Bacon Act or 29 CFR 5.12(a)(t), in any r u0ccritracts the clauses set forth in paragraph(1.) through(4.)of this settion and also a clause requiring The c he ermity for may raise stathrnenls is resCfihed in Stie subcorMa mrs to include these dauses in arty looser tier P p subsordracts,The prime contractor shall be responsible for U.S.Criminal Code,15 U.S.C_10D1. compliances by any subcoritmax or iower liar subcontractor with the clauses sat teeth in paragraphs(t.)through(4.)of this section. 7 evidenced in writing and fdred it corn all pertinent provtions VL Sti$LET WG ORASSIG KING THE CONTRACT and requirements of the prime contract. This prevision is appiicable to all Fedeml4d construdiuri S.The 30`k sett-Parformance,requirement of paragraph 0 is contracts on the Raflorml Highway Systom. not applicable tc design-build contracts;however,contracting agencies may establish their own seif-iarfom,ance 1,The contractor shall perform wflh lts awn organization requirements. contact work amounting to not less than 3u percent(or a grater percentage IF specified elsewhere in the contract}of the total wigir>al contract price,exdudmg any specialty items VIL SAFETY:A=DENT PREVENTION designated b�the cantradmg agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v 1 e i o n i s applicable to 241 FederaLaid spac3arty Items performed may be deducted from the total conshajon contracts and to A related subcontracts. original cardraCt price before CompWrig the amount of work required to be performed by the corybador's our ciman=bon t. in the performance aft-iis contract the contractor shat (Z3 CFR 83§.71 a). comply with all applicable Federal,State,and local taws govemirrg safety,healttr,and sanitation(23 CFR 635).Tine a. The term'perform work smith its own orgarirtation'refers contractor shat provide all safeguards,safety devices and to workers employod or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment Owned or rented by the prime contractor,with or determines,or as the wntractfng officer raay determine,to be without operahers. Such tenn does not include employees or reasonably necessary to protect the life and health of equipment a a subcontrador or lower liar subeonlracior, smptayees on the job and the safely,of the pubrrc and to agents of the prime contractor,or any other assignees. The poecl propertp in connection with the pert ante of the term may include payments for the costs of hiring leased work covered by the contract employees hum an employee leasing firm meeting at1 relevant Federal and state regulatory requirements. Leased 2. It is a condition of this contract,and rball be made a employees may Doty be included in this term if the prime condition of each sub:ordrad,which the contractor enters into contractor meet all of thefatiawirig crinditions: pursuant to this contract,thatthe contractor and any subcontractor shat not permit any employee.,in perfomranre (1)the prime contractor maintains control overthe of the oontract,to work In swrourdngs or under conditions supervision of the dayA day actfv#gies afros teased whidi are urisantary,hazard ous or dangerous to histher erriployees; health or safety,as determined under construction safety and (2)His prime contractor remains responsible for the quaff y health standards(28 CFR-1926)promulgated by the Sectary of the work of the leased employees; of Labor,in acmrdance VOth Section 107 of the Contract Work (3)the prime contactor retains all pawerto accent or Hours and Safety Standards Act(40 U.S-C.3704-). exclude individual employees from work oft the pr*ct and (4)the prime contractor rem ales ul6matety responsible for 3.Pursuanito 2S CFR 1325.3,it is a condition ofthis contract the peyment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,slatemerds of comptrance and all thereof,shall have right of entry to arty site of contrail other Federal regulatory regp rattsents. perfurmance b inspect or investigate the matter of compfance with the ro rstuction safety and health standards and to carry b."Spedafty hems'shall lu construed to be limited to work out the duties of the Secretary Linder Section 107 of the Thai mquires highty specialized knowledge,abilities,or Cordract Work Hours and Safety Standards fld(44 eq uipment not ordinarily available in the type of contracting U.S,C.3704). organizations qualified and expected to bid or pmpose on the comract as a whole and fn general are to be fnn`fed to minor Comporrerrts of the ovar g ooritrad. Vfll.FALSE STATEMENTS CONCERNING KeHWAaY PROJECTS 2 The contract amount upon which the requirements;set forth in paragraph(1)of Section VS is computed includes the opt of T h i s p f a v 1 s€n h I s applicable to all Federal aici material and manufactured pmdutts which are to be eanslmdion norri7acts and to all related subcontracts. purchased or produced by the contractorunderthe contract provisions. in orderto assure high quality and durable construction in conformity with approved plans air spec fications and a high 3_Tie contractor shall fumish(a)a competent superintendent degree of m5abtiity an statements and represetitaiions made or supervisor who is employed by the firm,has;•u31 authority to by engineers,contract=,supprrtiers,and workers on Federal- dired periacrnance of the work in accordance with the contract aid hiyg way prp}ecls,it is essential that all parsons rxnncomed mcluirenments,and Is In charge al'al.construction operations with he project perform thelrfuncilars as carefu+y,thomugHy, (raganaess of who pariurm513ee work)and(b)such other of its and horestiy as possitAe, Willful falsification,distortion,or own orgarazaiio3a!raseurce_s(superAsim,management,and misre;areserstafian with respect to arytanis mlatad to the engineartng services)as the carrtracling o9K;er determines is project is a Violation of Federal levy.To prevent arty necessary to assure the performance of the contract. misrmderstardmg regarding the seriousness of thesa and similar ads,Form FFRNA-1021 shall be ponied or,each 4.No portion afthe contract shat€be sublet,assigned or Federakaid highway project(2$CFR 635)in oma or more otti..nvise draposed of e)=pf with the written consent of the plates where It is readily available tc ali persons concamad wretrada g o€ mr,or authorized representative,and such with the proje.;C cnrsend when given shall not be construed to relieve the contractor of any mspozrsrbdrty for the tu€f1lmeret of The mntrac2_V arfan cariserttWW be given only after the 18 U.S.C.ia2p reads as foffeves: eonfractirrtg agency has assured that each subcontrad is 8 "Wninsver,being an Dffivar,aoerrt or ern ptay>ee of the United covered The prospective first liar participant sheii ° Stases,or of any State or Territory,or wTroews whet er a submit an explanation of why t cannot provide the carsf le ation person,association,firm,ur corporation,knr ingly makes any set out beioru_The rer6Ccmation or emanation will be false slatemanL false represeration,or false report as to tip carrsbered in ronnee[ion vafih the departmard or agency`s character,quality,gt.anft,oncost of Ore material used or ttr deterrninatlor:whether to wTte'trite fibs transactor.However, be used,or the quantity or quality of the work performed or to fmlure of the prospective first tier paricipard to furnish a be perbrrood,ortte co,t thereof in connection with the motion or an explanation shall r is*ra fy such a parson submission of plans,maps,specffications,contracts,or costs from participation in th6 transaction_ of conshvdeon on any highway or related project submrltad far approval to the Secretary o`Transpora€iner;or c_The certification In this clause is a material representation of fact upon which reliance was placed when fire cohtracf rig Whoever knowmgty makas any false siatea;ent,false agency determined to enter into this transaction,If it is later representation,fosse report or tatse claim with respect to the determined that the prospe:Vn participant knowingly rendered character,quaff t ,quantity,or Cost of any work performed or to an erroneous certification,in eirfidon to other remedies be performed,or materials iurnishad or-to be fumishnd,in available to the Federal Govemment,the contracting agent' connedion with the construction of any highwM or related maytemrinate this transaction tor cause of dpfaulL project approved by the Secretary of Transpostatlon;or d.The prospecfive first tier participant shall provide Whoever knowexgty makes any false 5talernent or false immediate written notice to the contracting agency to whom representation as to material fact in any statemert,oDrifi'cate, this proposal is submitted Iff arty time The prospecilve firstfier or report sutxnifted pursuant to prol4sions of the Federal aid pariicipard learns that its oartitcaSDn was erroneous when Reads Act approved.luty d,19118,09 Star.355),as amended subm fried or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this tMe:or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or bath.° "suspended""meiigibfe,"pathcipant,"person,° "prtrlripal,' and"voluntarily excluded,"as used in this clause,are defaced in 2 CFR Paris 1 8 and 1200. "Fast Tier Covered M[MPLBMENTATION Or CLEAN AIR pCT AND FEDERAL Transactions"refers to any covered transactian between a WATER FIOLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prune or general enntrac3)_ `LomwTrer Covered This provision is applicable to all Federai-aid construction Transacbore refers to arty covered fransartion under a First contract's and to all related subnordracts. Tier Covamd Transac ton(such as subcontracts). "First Tier Participant°refers to the participant who has entered Into a By rt&ni Zion of tins hiddpropusal orltie execution of this covered transaction veith a grantee orsubgrw tee of Fades contract,or subcontract,n appropriate,the bidder,proposer, fcmds(such as the prime or general contractorj, "Loww Tier Federal-aid cnnstruc;5on contractor,or subcontractor,as Participant`refers any parlicipard%ft has ertemd into a appropriate,will be deemed to have sifpulatad as tollaas: covered transactinn with a Fast Tier Participant or other Lower Tier Participants(such as subcontractors and suppiiers). T.That any person who is or will be ubT=d in the parimmance of tfrfs contrail is not pmhmied from recaivurg an f The prvspeciive first tier participant agrees by submitting award due to a violation of Section 508 of the Clan WaterAct this proposal#hat,should the proposed covered transaction be or Section 306 of the Clean Air Act entered into,it shall not knowingly enter Into any lower tier L That the wntracnf agrees to include or cause to be povered transaction with a pemon who is debarred, included the requirements of paragraph(T)of this Section X in suspended,declared Ineligible,or voluntarily exdudei from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means cf enfordng the department or agency entering into tits transaction. such requirements. g.The prospective first§Pr participant further agrees by submitting tins proposal that Itwifl hnIude the clause titled 7C.CERUPICARON REGARDING DE13ARMENT, "Certification Regarding Qebarmert,Suspension,Ineligibirrly SUSPFNSTOR TNEt_IGIBIUTY AND VOLUNTARY and Voluntary Exciusioml-cower Tier Covered Tran$aCflons," EXCLUSION provided by the department or coat c4ing agency,entering into this covered transaction,wirboat mod'it'rca6❑n,in Al lower This provision is applies hie to all Faderal.aid ronstruc:5on tier oovared transaclions acrd in ail solicitations for lower tier contracts,design-build contracts,srrbron"dr,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts w any other covered tansaaflon requiring Fi-fvclA h,A padiripant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 w more— as certification of a prospective participant in a lower Liar Covered defmad in 2 CFR Parts 183 and 1200. transaction that is not debarred,suspended,ineiig ble,or volurdanly excluded from the covemd tiansariian,unless it knaves That the certsfc bon is erroneous A participant is responsible furersuring that ifs principals ate not suspended, 1.Instructions for CortiCCatimr—First Tier Parsciiparits, debarred,or otherwise ineiig-ble to participate in covered trarzacGflns.To verity the eltgibifrty of its principals,as wall as a By signing and submittng this proposal,the prospective the 01jiNfTity of arry lower tier prospective partroipant%,"a ih first fier participant is pravx5nq the certification set out below. participant may,but is not required to,check the Excluded Parties List System webslte jhttpsY. ww-wls.novfi,which is b,The inabEttyy of a person to provide the certification set out comp"tied by the General Sarvrces Adminisdratfo% below vAl not necessarily result in denial of parbcipaiion in this 8 i i. Nottring contained in ti•,e foregoing shall be crnstrued to this transaction originated may pursue axaiiable remedies, squire the estabFrshment of a system of mr4rds in order to including suspeinMon andlor debarmeriL render in good faith the Certification required by t irx clause. The knowteuge and iruonnabon of the prospegfh a pafncipant c.The prospeoifve lower Tier participant shot provide is no`required to exaod that whla is n❑fmMy possessed by immediate written notice to the person b which This proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant teams that its mr llic.,don was erroneous by reason of j-Fxceptfortransactioons aufharized under paragraph(t)of changed cirmmstances. these ir�=Wns,V a parti*srrt in a covered transaction knowingly enters into a lower tier covered transacticu witfr a d-The terms'covered"r4sacfion,""debarred,' person who is suspended,debarred,Ineligible,or voluntarily "suspended,`inefigible,"`participant,"°person,""prtncipat,` excluded from participation in this trdnsac lion,in addition 10 and"wlurrtanity excluded,"as usad in This clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You inay carstact The parson In department or agency may terminate]his transaction far cause which this proposal is submitted for assistance in obtaining a or defaa[L copy ofthose r rlatiarts. "Fusf Tier Covered Transactions" refers to army covered transaction between a grantee or snibgrantee of Federal funds and a participant(such as time prime organera€c❑uh-act). `LoWecTierCOVered Transactlorrs" 2. Certification Regarding©ebarrnenit Suspension, refers to any covered transaction under a First Tier Covered Ine119ihr7ity and Voluntary e=xclusion—Fimt'rrer Transacfiion(such as subcontracts). Est Ter Participaur Participants, refers to the pariicsparrt who has entered irmto a Covered transaction with a g rintee or subgiantee of Federal funds a. The pr ospoctive fist tier partidparsf oatitles to the best of (such as the grime or genera[contradoo. 1,ower Tier its knowledge and beret,that it and its principals- Partiripartr refers any participant who has entered into a covered transaction wit a f=irst Tier Participant or other Lower (1) Ara not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppfiers). debarment,declared inefrgfble,nrvoiunhanly excluded from participating in covered trwn adorn t y any Federal e.The prospective lower tier partiapant agrees by department or agency; submi ing this pmposa€that,should the proposed covered transaction be entered Intc,it shall not krxwhq y enter into Have not within a three-year period preceding this airy lower-der covered transaction with a person who is proposal been convicted of or had a dvll judgment rendered debarred,suspended,declared ineligible,or voluntarity against them for Comin'rssion ofiraUd or a criminal offense in excluded[Tarn participation In this covered iransacicon,unless connection with obtaining,attempting to obtain,orperfonning authorized bythe departmenC or agency with which this •public{Federal,State or local}transaction or cadrract under bmrisaction ongir;W4 •public transaction,violation ul,Federal or State ontrbvst stahrtes or commission of ernhEzzlement,theft,forgery, f.The prespecbve lower tier particzpantfurthw agrees by bribery,fai_stFrcahan or destruclion of recasts;making false subrnUng this proposal that it wilt include this clause titled statements,or receiving sio3en property, 'r—ni [ion Regarzimg Uebarmeut,Suspension,insigibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted tar or otficrwise criminally or without modsftc =ion,in all loiwerfaer covwed trmsactions and rivilly charged by a govemmertal erdily(Federal,State or in all soliralafions for lower tier wveTed transactions exceeding iota()with commhssion of any ofthe of€ertses enumerated in the sa,000 threshold- paragraph(a)(2}of this cer nfica5on:and g.A par6oiparrt in a covered transaction may rely upon a (4) Have not willin a three-year period preceding this certification of a prospective garticfpant in a lower liar covered applicabonfproposal had one or more.publicdransac!ions transaction that'm riatdebarred,suspended,irieligtWe,or (Federal,State or local)terminated for cause or default volunhartly excluded tram the covered transacivan,unless l Knows thatthe certification is errsxieous.A parficpant is h- Where the prospectiva participant is unable to cer*to responsible for ensuring that its prindpals are not suspended, any of the statements In this certfaafion,such prosper M debarred,or otherwise ineligible to participate in covered pahiicipant shall attach an explanation to"proposal. transactions. To verify tie eigibirty of its principals,as wall as the eligibility of any lower tier prospeclive partiapantS,eaoh L instructions for Certification-Lower Tier Participants: participant may,but is not required tin,check the Excluded Parties List System wsbstte fhtb)sJ1www.eols.q-D,which is (Applicable to al subcontracts,purchase orders and other compiled by the General Senn cos Administraldork Lower tier transactions requiring prior FHWA appnvai or estimated to cost$25,000 or more-2 CFR Parts 130 and h-Nothing contained in the krugoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause_The a.By signing and submitting this proposal,the prospective knowledge and k4ormafion&parlic ipani es not fequk'ed to Lower tier is providing the c�an set gut Below. exceed that which is normalcy possessed by a prudent person in the ord nary course of business deafrngs. b.Tract certification in this clause is a material representation of fact upon which reliance was placed wb n this dransadion L Except tor transactions authored under paragraph a of was entered info.if ti is later determined that the pmspec;dve these Instructions,if a participant ib a covered transaction Lower fier participant knowingly rendered an erroneous knorwingly enters Into a lower tier covered transarlion with a certifcafon,in additon to other remedies available to the person who is suspended,debarred,ineligible,orvoluritadly Federal Government,the department,or agency with which excluded from partcpation in fhcs transaction,in addition to other remedies available to the Federal Government,the 10 department or agency with yr Ai:h fads h-ansadim originated may pursue available remedies,ind udutg suspension andlor dehanttent Car0ficatior Regartfi ng Aebarno mt;Suspension, ineIIgibif€tyr and Voluntary Exclusion-txwa r Tmr Particxpairtr: 1.The prospective lower tier participant certifies,by subftfa ion of this proposal,that neither It nor its principal is presentSy debarred,=sperided,proposed fs debarment, declared irrefiotbie,or vulardarHy exduded from partleipalirrg in covered transactions by any Federal department or agency. 2,Vdttem the prospective Sower tier parficipant is unable to cxxfify to arry of the statemRnts in this certification,such prospectve participant shall attach an explanation to this proposal_ )tt.CERT€FICATtON REGARDfNG USE OP CONTRACT FUNDS FOR LOSaYING This pravis rr is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20)_ 1.The prospective parudpant carillies,by signing and sulxmtting this laid or proposal,to the best of his or her knowledge and bei'ief,that a No Federal appropriated funds have been paid or Mill be paid,by ar an behalf of the undersigned,to any person for Influent ng or attempting to influenca an officer or employee of any Federal agency,a Member of Congress,an officer or employee df Gongress,or an employee of a Msmber of Congress in oonneeann with the awarding of any Federal contract,the making of any Federal grant,the meking of any Federal loan,ft ordering into of any cooperalve agreement, and the extension,continuation,renewal,amendmmd,or modification of any Federal contract,grant,loam,or cvopa alive agreement. b.If arty funds outer than Federal appropriated funds have been paid or will be paid to any person for influencing or atternp�to intiuence an officer or employee of arty Federal agency,a Memtrer of Congress,all officer or em0oyee of Congress,or an empioyea of a Member of Confess to conr*tction with this Federal contrast,grant,ban,or cooperative agreement,tbs undersigned shalt complete and submit Standard Form-Ltd°Disclosure.Foam to Reporf Lobbying:in acmrbance with its insbuctiorts. 2,This certification is a material representation of lac#upon whir h rallanm pas placed when this tranos4duon was made or entered into. 5ubmission of this ceri ficartion Ls a prerequisite for haling or entering into 3tds transaction imposed by 31 U.S.C.1352. Arty person who fads to fie the required oaff rr:ation shall be subject to a cirg pe.arty of not less Dian $i0,DDD and not more than$100,0DD for each such fafium. 3.The praspenfive parifcipanf atso agrees by submitting its hid or proposal that the par5oipant stall require that tl>v language of this cartifrsatinn be included in air louver liar sub=tracts,whitth exceed$100,1101)and that al)m3ch mdplents shalt certify and disclose accordinciy. if ATTACHNI ENT A-EMPLOYMENT AND NWTMALS 6_The ux&6amr shalf include the provissiorm of Sections 1 PREFERENCE FOR APPALACIM DEVE"LOPNiEKT #Tough 4 of this Attachment A in every submrdract for work HIGHWAY SYSTEM DR APPALACHIAN LOCAL ADCFSS whJwh is,or reaeonably may bp,dares_as;1n4wte vfDrk- ROAD COKTRACTS This provision is applimbie to all Federal aid projects funded under the Appalachian Regionat Development Ad of 1964. 1_During the perfarmance of this cantrart,the cmtractar undertaldng to do work which is,nr reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contractwor3c is situated,orthe subregion,or the Appala#ian c our es of the State wherein the corrtracswork is sltuaied,Except a.To the exiettt that qualrned persons tegulady residing to the area are not available. b.For the reasonable_needs of the contractor to employ supetvismy or snaciafly experienced personnel nBoassary to assure an efficient exemADrr of the contract work- a.For ihe obligation ofthe coniractorto offer employment to present or loan er employees as Ine result of a lawful m4ective bargaining contact,provided that the nurnber of nonresident persons employed under this subparagraph(4c)shall not exL:�20 percent of Cie total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below, 2_The cortractorshall place a job anier with the State Ernpioyment Service indk--H (a)the Oassificatians of Eire labonas,mechanics and ofher employees required to perform the matect work,(b)the number of employees required in each ctassi5caiton,(c)me date an which the participant estimates such employees will be reciuved,and(d)any other perfinert irtorrmatiari required by the State Employment Service to complete the job order form, The job order may be pEao°d with the State Employment Service in wilting or by telephone If during the course of the cmkartwark,the trturmabcn submitted by She Owtactar fn the original Job order is strbstant&y modJfied,the participant shall promptly notify the State Employmeni Service. 3,The cordractur shall glue full consideration to at qualified job applicants referred to ham bythe State Employment ServJr-c-. The currtrador is not required to gram erreploynert to arryjob applicants who,in his opinion,are not qualified to perform the dassf ation of work required. 4,if,within one week fallowing the placing of a join order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job app uarus to ffi°contractor,or less than the number requested,the State Emplaymert Service will forward a curii ficate to the contractor indicating the unwvalalx11y of appFcants, Such cairElcate shale be made a part of the cartacto(s permanent project records. Upon receipt of this certificate,the cantracrw may employ persons who do not normally reside in the tabor area in fill positions covered by the carffiisate,notMthstand'uag fhe provislorr of subparagraph(t c) akwe. 5. The provisions of 23 CFR 633207(e)allow the =t-acting agency to provide a contractrral preference for the use of mineral resource materials nab to the AppalacNan region. 12 September 3, 2094 Construction Project Detailed Allowances Spreadsheet Project Information: Federal Hwy Beautification PIN 2009-009 Contractor: Sealand Contractors, Corp. Contract Allowance Current Allowance Item Allowance Date Date Amount Amount Balance Requested Approved Line Item#41 -Undefined General Allowance $500,000.00 Cost for Quality Control testing services; per contract;to meet FDOT and Federal Highway Administration guidelines for quality $96,816.50 $403,183.50 6/4/2013 6/20/2013 construction. Approved by Commission on June 4, 2013. Change Order No. 2 for a nine(9)day extension of time; and additional or change of work items, as detailed on the attached CO#2. Approved $56,283.84 $346,899.66 4/14/2014 5/21/2014 by Commission on May 6,2014. TOTAL ALLOWANCE AMOUNTS $500,000.00 $153,100.34 $346,899.66 Additional information: In addition to the above items;the following has been added to the Contract: None Additional Project Expenses Not Added to the Contract: -RJ Behar Agreement for Construction Engineering and Inspection Services, as required by FDOT; approved $1,203,419.25 by Commission on 01103113. -RJ Behar Amendment No. 1 to the Construction Engineering and Inspection Services Agreement;to perform verification testing, as required by FDOT; approved by Commission on 06104113. $16,050.00 $1,219,469.25 CF) - p W --._�r is CD ! d v, T � . r - -_- - - T - �� - z M � . w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: September 18, 2014 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 WORKFORCE HOUSING COVENANT AGREEMENT/UPTOWN DELRAY BACKGROUND The developer of the UPTOWN DELRAY project has requested the City enter into the attached Workforce Housing Covenant, pursuant to Section 4.7.4 of the LDR's that grants to the developer certain density bonus units beyond the base number allowed per the existing Zoning Ordinance after performance standards have been met. In addition, the ordinance requires a minimum of 20% workforce units, consisting of moderate-income households at rental rates which do not exceed a certain percentage of the Department of Housing and Urban Development-determined fair market rent for the area. The agreement further provides for rules governing the rental and future sale of workforce units. Additional restrictions, pursuant to the Workforce Ordinance, include monthly reports from the developer documenting compliance with the covenant, duration of the agreement and the conditions and rights of the City of review and to enforce compliance with all provisions of the covenant. DISCUSSION The item before the City Commission is to approve the Workforce Housing Covenant between the City of Delray Beach and Monogram Residential Delray II Project Owner, LLC, pursuant to the requirements under Section 4.7 of the Land Development Regulations. OPERATING COST No operating costs are associated with this request. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Staff recommends approval of the Workforce Housing Covenant, as proposed between the City and Monogram Residential Delray II Project Owner, LLC. Prepared by and Return to: Noel M.Pfeffer,Esquire, City Attorney City of Delray Beach,Florida 200 NW I't Avenue Delray Beach,FL 33444 WORKFORCE HOUSING COVENANT THIS WORKFORCE HOUSING COVENANT (the "Covenant") is entered into as of the day of , 2014, by the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (referred to herein as "City"), and MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC, a Delaware limited liability company (referred to herein as "Developer", which term shall include any successor to Developer as owner of the entire Development). RECITALS A. City has implemented Affordability Controls as set forth in Article 4.7 of the Delray Beach Land Development Regulations ("Regulations" or "LDR') by establishing a Family/Work Force Housing Program for the City (hereinafter referred to as the "Affordable Housing Program"). Article 4.7 of the Regulations grants to Developer certain density bonus Units (additional market rate Units) beyond the base number allowed per existing Regulations, after performance standards have been met. B. Developer was required to be part of the Affordable Housing Program with respect to that certain real property which is owned by the Developer and is located in the CBD zoning District in Delray Beach, Florida, and more particularly described in Exhibit "A" which is attached hereto and incorporated by reference herein (the "Real Property"). Developer has agreed to provide Units which comply with the Affordable Housing Program within the residential development project ("Development") to be constructed on the Real Property. C. Pursuant to the City's Affordable Housing Program, LDR Section 4.4.13(I)(1), residential development in the CBD zoning district above thirty (30) dwelling units per acre must include a minimum of Twenty Percent (20%) Workforce Units divided between Low Income Households to Moderate Income Households, at rental rates which do not exceed a certain percentage of the Florida Housing Finance Corporation rent limits for the area. D. Pursuant to Article 4.7 of the Regulations, the Developer has agreed to enter into this Covenant to provide for Units within the Development which meet the Affordable Housing Program and which Covenant is to be recorded against the Real Property in the Public Records of Palm Beach County, Florida. 1 E. This Covenant shall apply and be enforceable against Developer and all current and future Owners, as applicable, during the term of this Covenant and shall restrict the sale, resale, rental and use of the applicable Units as provided herein. NOW, THEREFORE, City and Developer hereby agree as follows: I. DEFINITIONS The following terms not otherwise defined herein shall have the meanings set forth below for purposes of this Covenant, and if a term is defined in the Regulations, the Regulations shall control: 1.1. Adiusted Median Income (A.M.L) — The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 1.2. Affordability Controls — Restrictions placed on Units by which the rent of such Units and/or the income of the purchaser or lessee will be restricted in order to ensure that the Units remain affordable to those households which qualify as Low Income Households to Moderate Income Households. 1.3. City — The City of Delray Beach, Florida. 1.4. CRA—The Delray Beach Community Redevelopment Agency 1.5. Development — The housing development at the Real Property for which approvals of density bonus Units have been granted by the City to the Developer. 1.6. Eligible Occupant — A household who is income eligible to rent a Workforce Housing Unit. Priority will be given to persons who have lived or worked within the municipal limits of the City continually for the one (1) year period immediately prior to the date of application for a Workforce Housing Unit within the Development by an Eligible Occupant. 1.7. Exempt Transfer — A Transfer of all of the Development, as opposed to a Transfer of one or more individual Units that are separate from a Transfer of the entire Development. 1.8. First Time Home Buyer — A person who has not held ownership in a residence within the past three (3) years. 1.9. HUD - The United States Department of Housing and Urban Development. 1.10. Household — A single person living alone, or two (2) or more persons sharing residency, with a combined income available to cover household expenses. 2 1.11. Low Income Household(s) — A Household with a gross, combined income between 61% and 80% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Corporation) as published more specifically in the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for West Palm Beach—Boca Raton HMFA (Palm Beach) area. 1.12. Moderate Income Household(s)— A Household with a gross, combined income between 81% and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Corporation) as published more specifically in the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for West Palm Beach—Boca Raton HMFA (Palm Beach) area. 1.13. Purchase Price or Sales Price -All consideration paid for the Transfer of a Unit either at or outside of closing, but shall not include any proration amounts, taxes, costs and expenses of obtaining financing, the fair market value of furnishings or personal property, lender fees, title insurance fees, closing costs, inspection fees, or other normal and customary costs related to the purchase of property but not paid directly to the seller. 1.14. Transfer -Any sale, assignment or transfer, voluntary or involuntary, or by operation of law (whether by deed, contract of sale, gift, devise, bequest, trustee's sale, deed in lieu of foreclosure, or otherwise) of any interest in a Unit, including but not limited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life estate, a leasehold interest (except for an affordable housing Unit lease as permitted by this Covenant), or any interest evidenced by a land contract by which possession of such Unit is transferred while the existing Unit Owner retains title. 1.15. Unit - A single family, condominium, townhouse, or apartment dwelling located in the Development. 1.16. Unit Owner -The record title owner at any time of a Unit. 1.17. Workforce Housing Unit or Workforce Unit—A Unit for which the rent or mortgage payment (including principal, interest, taxes and insurance ("P.I.T.I.")) does not exceed 35% of the gross income of households that classify as a Low Income Household or as a Moderate Income Household and meets the other requirements of the Affordable Housing Program. IL RENTAL OF UNITS 2.1. The Development shall be subject to this Covenant, and each lessee shall be an Eligible Occupant, except as provided in Section 2.5 below. 2.2. In no event shall any Unit in the Development be used for transient, interval or timeshare rental or ownership. 3 2.3. At all times, the Units in the Development above the thirty (30) dwelling units per acre must include a minimum of 20% Workforce Units to be reserved for occupancy by Eligible Occupants. However, the Developer shall be under no obligation to rent a Unit to any particular Eligible Occupant and may use its standard underwriting criteria to qualify all Eligible Occupants. 2.3.1. Workforce Housing Units targeted to Low Income Households at 61% to the 80% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed the 120% rent limit for the area (as defined by the Florida Housing Finance Corporation) as published more specifically in "Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)" table for West Palm Beach—Boca Raton HMFA(Palm Beach) area. 2.3.2. Workforce Housing Units targeted to Moderate Income Households at 81% to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed the 140% rent limit for the area (as defined by the Florida Housing Finance Corporation) as published more specifically in "Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)" table for West Palm Beach — Boca Raton HMFA (Palm Beach) area 2.3.3. No Workforce Housing Units shall be offered for rent to the general public until all requirements of this Covenant are met. 2.3.4. No efficiency or studio type Workforce Housing Units are allowed. 2.4. The Developer shall provide Workforce Housing Units that include Unit types in the same proportion as the market rate housing Unit types within the Development. The following conditions must be met: 2.4.1. The proportion of one (1) bedroom Workforce Units to total Workforce Units may not exceed the proportion of one (1) bedroom market rate Units to total market rate Units. 2.4.2. The proportion of two (2) bedroom Workforce Units to Total Workforce Units may not exceed the proportion of two (2) bedroom market rate Units to total market rate Units. 2.4.3. The proportion of three (3) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of three (3) bedroom market rate Units to total market rate Units, unless four plus (4+) bedroom Workforce Units are provided. 2.4.4. The proportion of four plus (4+) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of four plus 4+bedroom market rate Units to total market rate Units. 4 2.4.5. If the Development contains a mix of different types of Units, (e.g. condominium, townhouse, detached, etc), the proportion of Workforce Units of each type to total Workforce Units must be approximately the same as the proportion of market rate Units of each type to total market rate Units. 2.4.6. If the development includes both "For Sale" and "For Rent" Units, the proportion of"For Rent" Workforce Units to "For Sale" Workforce Units must not exceed the proportion of"For Rent" market rate Units to "For Sale" market rate Units; provided however if the Workforce Housing Units are funded under Florida Housing Finance Corporation's Housing Credit or SAIL Programs, the proportionality requirement herein stated shall not apply if the Development provides at least twenty percent (20%) the Units in the Development above the thirty (30) dwelling units per acre of the "For Sale" Units as Workforce Housing Units. 2.4.7. The total number of Units in the Project, including both Workforce Units and market rate Units, are based on the certified site plan for the Development. 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the event that, notwithstanding the marketing efforts, Workforce Housing Unit(s) offered for rental remain vacant for forty- five (45) days or more due to a lack of Eligible Occupants, the Workforce Unit(s) may be rented to non-Eligible Occupants, provided that the rental rate is the same as it would have been if the occupant had been deemed to be an Eligible Occupant under the City's Affordable Housing Program. In such event, the Unit will still be considered a Workforce Housing Unit for the purposes of this Covenant for the duration of the rental term provided, however, in no event shall less than fifteen percent(15%) of the Units be occupied by or available for occupancy by Eligible Occupants. Notwithstanding the above, in the event that, despite good faith efforts by the Developer, minimum occupancy of fifteen percent(15%) of the Units by Eligible Occupants cannot be achieved, City and Developer shall, within thirty (30) days of a request by Developer, determined an alternative commercially reasonable percentage and this Covenant shall be amended accordingly. III. FUTURE SALE OF WORKFORCE HOUSING UNITS 3.1. Should Units be offered for sale in the future in accordance with Florida Condominium Law, only deeds of those Units to be sold as Workforce Housing Units shall include reference to this Covenant. All sales contracts shall state that the Workforce Housing Unit is part of the Affordable Housing Program and subject to this Covenant. All deeds to Unit Owners of Workforce Housing Units (except for a deed for an Exempt Transfer) shall provide that the Delray Beach Community Land Trust, Inc., a Florida not- for-profit corporation ("DBCLT") shall have the right of first refusal to purchase the Workforce Housing Unit on the same terms and conditions as a prospective buyer. Developer and/or the owner of the Workforce Housing Unit shall notify the DBCLT and the City in writing within five (5) days after the Developer's or the Unit Owner's 5 acceptance of a contract for sale and purchase (except for an Exempt Transfer) and shall include in the notice a true and correct copy of the contract. The DBCLT shall have fifteen (15) business days after receipt of the written notice and contract to exercise its right to purchase the Unit on the same terms as stated in the contract, except as stated herein. The DBCLT shall deliver written notice of its exercise to purchase the Workforce Housing Unit to the Developer/Unit Owner within ten (10) business days after the receipt by the DBCLT of the Developer's/Unit Owner's written notice. The DBCLT shall close the transaction within thirty (30) business days after its election to exercise its right of first refusal. In the event the DBCLT is not then in existence or no longer qualifies to act on behalf of the City, then the City, its successors and assigns may exercise the right of first refusal. 3.2. All purchasers of Workforce Housing Units (except a purchaser pursuant to an Exempt Transfer) shall qualify as a Low Income Household or a Moderate Income Household and must be a First Time Home Buyer. 3.3. Owners of Workforce Housing Units (other than the Developer) shall be required to occupy the Unit. If, during ownership, the Owner is unable to continuously occupy the Unit due to illness or incapacity, based upon evidence and application made to the City, City may in its discretion, excuse compliance with this requirement. 3.4. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of closing. No charges or fees shall be imposed by the seller on the purchaser of a Workforce Housing Unit which are in addition to or more than charges imposed upon purchasers of market rate Units, except for administrative fees charged by the City, the CRA, or their respective designee. 3.4.1. The maximum sale price of a Workforce Housing Unit (except for an Exempt Transfer) shall be established by the City based upon a formula that considers the prevailing institutional lender mortgage interest rates, as approved by the City Commission by resolution. 3.5. Except for an Exempt Transfer, no Workforce Housing Units shall be offered for sale to the general public until all requirements of this Covenant are met. Each purchaser shall be an Eligible Occupant. 3.6. Except as expressly permitted by this Covenant, no Workforce Housing Unit may be transferred. 3.7. At all times, the Units in the Development above the thirty (30) dwelling units per acre must include a minimum of twenty percent(20%) Workforce Units divided between Low Income Households to Moderate Income Households. 3.8. Not less than ten (10) calendar days prior to the closing on any Workforce Housing Unit sale or resale (except for an Exempt Transfer), the City shall be notified of the sale or resale of the Workforce Housing Unit and the City shall be provided with a true 6 and correct copy of the proposed contract. Developer or owners of a Workforce Housing Unit, respectively, shall deliver written notice of the intent to sell to the City, and shall provide to the City all information which is necessary for the City to determine that the proposed sale complies with the terms, restrictions, and conditions contained in this Covenant. The information shall be provided to the City on City approved forms and shall be executed under oath by the proposed transferor or transferee, as applicable. The City shall have ten (10) business days after the receipt of the written notice to determine and notify the Developer and/or Unit Owner whether the proposed transfer is in compliance with the terms, conditions, and restrictions contained in this Covenant. If it is not, the proposed transfer shall not be made and any such transfer not in compliance with this Covenant shall be deemed null and void. If the City does not timely deliver written notice to Developer and/or Unit Owner that the proposed contract is not in compliance, such contract shall be deemed approved by the City. City shall have the right to waive this notice requirement at its sole discretion as circumstances may warrant to facilitate sale of Workforce Housing Units. Each contract for sale and purchase of a Workforce Housing Unit (except for a deed for an Exempt Transfer) shall contain a clause which subjects the proposed transfer to the prior review of the City. IV. ADDITIONAL RESTRICTIONS 4.1. All Workforce Housing Units constructed or rehabilitated in the Development shall be situated within the Real Property so as not to be in less desirable locations than market rate Units in the Development and shall, on average, be no less accessible to public amenities, such as open space, as the market rate Units. 4.2. Workforce Housing Units shall be integrated within the rest of the Development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate Units and provide them as standard features. All Workforce Housing Units shall contain comparable square footage to the corresponding market rate Unit. 4.3. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate Units. 4.4. There shall be no lot premiums charged on the Workforce Housing Units which are not otherwise charged for equally situated market rate Units. 4.5. Resale and Subsequent Rentals of Workforce Housing Units. To maintain the availability of Workforce Housing Units which are constructed within the Development, the following resale and/or rental conditions are imposed on the Workforce Housing Units and the same shall also be included in each deed: a. All Workforce Housing Units shall remain affordable for a period of no less and no more than forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. b. Except for an Exempt Transfer, all Workforce Housing Units must be rented or sold to Eligible Occupants except as otherwise provided in Section 2.5. C. If the Units in the Development are part of a condominium, cooperative, homeowners association or similar community, these Covenants shall be incorporated into the governing documents of such community and the governing documents shall be approved by the City Attorney. The governing documents may not be amended without the City's consent. d. Workforce Housing Unit resales shall be limited to Households of the same category relative to income. e. The sales price of Workforce Housing Units may not exceed the upper limit of affordability for the income category to which the Unit was originally assigned. f Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this Covenant: i. Transfers by inheritance to the Unit Owner's surviving spouse, qualified domestic partner, or lineal descendants, or; ii. Transfers of title to a spouse as part of a divorce decree, or to a qualified domestic partner as part of a court approved property settlement agreement; or iii. Acquisition of title or interest therein by an existing Unit Owner's spouse if it is in conjunction with marriage of the Unit Owner and his/her spouse, or by an existing Unit Owner's qualified domestic partner; or iv. Exempt Transfers. 4.6. No resale of a Workforce Housing Unit is permitted until the requirements of this Covenant are met. 4.7. No Workforce Housing Unit may be sublet or assigned to a tenant(s) or purchaser(s) whose income exceeds the percent of AMI under which the Unit was originally approved, except as otherwise provided in Section 2.5. s 4.8. Household income is determined by the cumulative income of all tenants or purchasers intended to occupy a single Unit. 4.9. The maximum permitted resale price of a Workforce Housing Unit may not exceed the initial sale price of the Workforce Housing Unit, subject to an increase at the same rate as the Palm Beach County median income has increased from the initial date of purchase. 4.10. Nothing contained in this Covenant shall require a Household qualified to occupy a Workforce Unit to vacate a rental Workforce Housing Unit or to sell a Workforce Housing Unit if the tenant(s) or purchaser(s)income respectively, later exceeds AMI, provided such Household initially qualified for such lease or purchase. 4.11. The forms of the lease, contract for sale (except for an Exempt Transfer), or deed for the rental or sale of a Workforce Housing Unit, respectively, shall be approved in advance for compliance with this Covenant by the City Attorney, which approval shall not be unreasonably withheld. 4.12. To ensure the Developer's compliance with the Affordability Controls and restrictions contained in this Covenant, not later than the tenth (10h) day of each calendar month for every month during the term of this Covenant, Developer shall deliver a written report ("Report") to the City containing such information and documents as the City may require to verify that the Developer is in compliance with this Covenant. The Report shall be current as of the first day of the month in which the Report is delivered to the City. The form of the Report shall be approved by the City Attorney. At a minimum, the Report shall contain the following information and documents with respect to each Workforce Housing Unit: 4.12.1. With respect to Workforce Housing Unit leases: a. Name and address of each Unit's Eligible Occupant and member of the Household; b. Date lease term commenced; C. Date lease term terminates; d. Amount of monthly rent due under the lease; e. Household income; f Unit address; g. Number of bedrooms and baths in each Unit; h. Household size; 9 i. Whether Unit is occupied or vacant; and j. Total number of Workforce Housing Units presently leased; 4.12.2. With respect to Workforce Housing Unit sales: a. Total number of Workforce Housing Units listed for sale; b. Total number of Workforce Housing Units transferred by the Developer; C. Date of each sale closing; d. Household size; e. Name and address of all Eligible Occupants; f Number of bedrooms and baths in Unit; g. A copy of the recorded instrument which transferred the Unit; h. Unit address; and i. Qualifying Household income. 4.12.3. The Report shall be executed under oath by the Developer or its authorized agent or representative. 4.13. Provided no Units are offered for sale by the Developer and the Developer owns all of the Units in the Development, the Developer may redesignate a Unit as a rental Workforce Housing Unit or redesignate a Unit as a market rate rental Unit provided, at all times, the Units in the Development above the thirty (30) dwelling units per acre must include a minimum of twenty percent(20%) Workforce Units divided between Low Income Households to Moderate Income Households. 4.14. At any reasonable time and from time to time, after first providing the Developer, lessee or such Unit Owner with not less than twenty-four (24) hours advance written notice, except in the case of an emergency, when less advance notice may be given., the City may enter the Development for the purpose of conducting personal interviews and obtaining other information reasonably necessary to verify Developer's compliance with the City's Affordable Housing Program requirements. 4.15. Developer shall comply with all applicable Federal, State and local laws, rules, regulations and ordinances relating to the sale and rental of real property. 10 4.16. Developer shall promptly notify the City upon the occurrence of an Exempt Transfer. V. DURATION AND AMENDMENT 5.1. For both sale and rental of Workforce Housing Units, this Covenant shall remain in effect for forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. This Covenant shall apply to any replacement structure or structures constructed if a structure containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containing Workforce Housing Units occurs thirty-five (35) years after recording of this Covenant and demolition or destruction was unintentional, this Covenant with respect to the Unit in the structure shall terminate on demolition or destruction. 5.2. Covenant Running With Land. The terms of this Covenant constitute covenants running with the Real Property and each designated Workforce Housing Unit. This Covenant shall bind, and the benefit hereof shall inure to, Developer, the Workforce Housing Unit Owners, DBCLT, and the City, and any heirs, legal representatives, executors, successors and assignees thereof. The Workforce Housing Units shall be held, conveyed (including pursuant to an Exempt Transfer), hypothecated, encumbered, leased, rented and occupied subject to the covenants, restrictions and limitation set forth herein, which are intended to constitute both equitable servitudes and covenants running with the Real Property. Any lessee, buyer, or transferee of a Workforce Housing Unit or any portion thereof, by acceptance of a lease or a deed therefor, or by the signing a lease or of a contract to purchase the same, shall, by acceptance of such lease or deed or by the signing of such contract or agreement, be deemed to have consented to and accepted the covenants, conditions, restrictions and limitations set forth herein, whether or not there is any express reference to this Covenant in such lease, deed or contract. 5.3. Amendment. This Covenant may be amended at any time by a recorded document executed and acknowledged by the respective Unit Owner(s) (including Developer, should Developer hold a Unit for sale) and the City. An amendment may be effective as to some but not all of the Units, in which event it need only be approved by the Unit Owner(s) of the Unit(s) so affected. VL ENFORCEMENT 6.1. Right to Enforce. The City reserves, and Developer, all proposed lessees, buyers and the owners of Workforce Housing Units are deemed to have granted the City, the right to review and enforce compliance with all provisions of this Covenant, as further set forth in this Article VI. (a) In the event that the City has reasonable cause to believe that the Developer, lessee, occupant, Household or owner of a Workforce Housing Unit is in 11 default of any of the provisions of this Covenant, then the City Manager, or his or her designee, may inspect the Development at any reasonable time and from time to time, after first providing the Developer, lessee or such Unit Owner with not less than twenty- four (24) hours advance written notice, except in the case of an emergency, when less advance notice may be given. (b) Except in the case of a default of this Covenant which constitutes an incurable default or involves the health, safety and welfare of owners of Workforce Housing Units in the Development, or in the case of an emergency (in which event no notice and opportunity to cure are required), the City shall give the Developer(if default is by the Developer), or the tenant or owner of a Workforce Housing Unit (if default is by the tenant or Unit Owner, respectively), fifteen (15) days written notice of such default, which notice shall state the nature of the default. If the default is not cured to the satisfaction of the City within fifteen (15) days from the giving of such notice, or immediately when no notice and opportunity to cure is required, the City may pursue any or all remedies available to it, as set forth in Section 6.1(c)below. (c) The City hereby reserves the right to enforce this Covenant by pursuing any and all remedies provided by law or in equity. The City's remedies shall include, by way of example and not limitation, the right to specific performance of this Covenant, the right to a mandatory injunction requiring the sale or lease of a Workforce Housing Unit in conformance with this Covenant, the right to cancel and declare void the sale, deed, contract or lease, the right to remove occupants, and damages and injunctive relief for breach of this Covenant. All of the remedies available to the City shall be cumulative, and the City's election to pursue any remedy shall not preclude the City for then or later pursuing any one or more other remedies. (d) In the event a party resorts to litigation with respect to any default under this Covenant, the prevailing party shall be entitled to recover its damages and costs, including expert witness fees from the party at fault. Developer shall not be liable for default that was due to misrepresentation or other wrongful act of an occupant. The party in default hereunder shall be responsible for the costs required to enforce the provisions of this Covenant. Venue for any action for breach of, or to enforce, this Covenant shall be in Palm Beach County, Florida. (e) In the event any Workforce Housing Unit is transferred or leased in a manner that is not in full compliance with the provisions of this Covenant, such transfer or lease shall be wholly null and void and shall confer no title or rights whatsoever upon the purported transferee or lessee. 6.2. Priority of Covenant. This Covenant shall be of equal dignity to, and shall not be subordinated to, any lien or encumbrance, including without limitation, any institutional lender, and shall survive and not be extinguished by the foreclosure or deed- in-lieu of foreclosure regarding any such liens or encumbrances. This includes, but is not limited to, judgment liens, assessment liens, tax liens, construction liens and mortgage liens. 12 VL MISCELLANEOUS 7.1. No Third Party Beneficiaries. There are no intended third party beneficiaries of this Covenant, and no party other than the City shall have standing to bring an action for, breach of, or to enforce, the provisions of this Covenant, except for the DBCLT which shall be an intended third party beneficiary of this Covenant with respect to its right of first refusal. 7.2. Notices. Notices to any person or entity shall be given in writing and delivered in person or mailed, by certified or registered prepaid U. S. Mail, return receipt requested, to the person's or entity's representative set forth below(as may be changed by notice from time to time) at the address set forth below: Notices to the City shall be sent to: City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Attention: City Manager With a copy to: City Attorney City of Delray Beach 200 N. W. 1st Avenue Delray Beach, Florida 33444 Notices to the Developer shall be sent to: MONOGRAM RESIDENTIAL DELRAY 11 PROJECT OWNER, LLC 5800 Granite Parkway, Suite 1000 Plano, Texas 75024 Attention: Mr. Larry Sloan and Mr. Bob Poynter Notices to the Delray Beach Community Land Trust, Inc. shall be sent to: Delray Beach Community Land Trust, Inc. 20 North Swinton Avenue Delray Beach, Florida 33444 Notices to a tenant or owner of a Workforce Housing Unit may be given in like manner addressed to the applicable Unit. Such notice shall be deemed given when hand delivered or when deposited, postage prepaid, in the United States mail. 13 7.3. Severability. If any provision of this Covenant shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall survive and their validity, legality and enforceability shall not in any way be affected or impaired thereby, and the court may, but shall not be required to, fashion a substitute for the provision held to be invalid or unenforceable. 7.4. Headings. The headings of the sections in this Covenant are for convenience only and shall not be used to interpret the meaning of any provision hereof. 7.5. Homestead Waiver. This Covenant is prior and superior to each owner of a Workforce Housing Unit's right to a homestead exemption. Each owner of a Workforce Housing Unit waives that owner's homestead rights to the fullest extent that they conflict or impair the City's rights and remedies under this Covenant. 7.6. No Guarantee. Nothing herein shall be construed or give rise to any implied representation, warranty or guarantee, and the City expressly disclaims, that any owner of a Workforce Housing Unit will be able to resell his or her Workforce Housing Unit for the maximum purchase price or recover the purchase price for such Workforce Housing Unit or release for the maximum rent for such Workforce Housing Unit. Such owner of a Workforce Housing Unit recognizes and accepts that his or her Unit may be less marketable than other Units in the Development and may not sell for as great a purchase price. 7.7. Governmental Functions: Notwithstanding anything to the contrary contained in this Declaration: a. Even though the City has certain contractual obligations under this Covenant such obligations shall not relieve any person subject to this Covenant from complying with all applicable governmental regulations, rules, laws, and ordinances; b. To the extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights; C. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi- governmental functions. 14 7.8 DEVELOPER AND CITY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. 7.9 This Agreement constitutes the entire agreement between City and Developer. 7.10 Recordation. The parties acknowledge and agree that this Covenant shall be recorded in the Public Records of Palm Beach County, Florida, and shall be a covenant running with the Real Property. 7.11 Conflict. To the extent of any conflict between the terms of this Covenant and Section 4.7 of the City's Code of Ordinances in effect as of the date of the execution of this Covenant by the City, the Code of Ordinances shall control. 7.12 Venue. This Agreement shall be governed by the laws of the State of Florida. The venue for actions arising out of this Agreement shall be Palm Beach Florida. [Signatures on the Following Pages] 15 Signed, sealed and delivered MONOGRAM RESIDENTIAL DELRAY II in the presence of: PROJECT OWNER,LLC, a Delaware limited liability company By: (Name printed or typed) (Name Printed and Title) (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2014 by as of a Delaware limited liability company, on behalf of the company, who: (please check one) is (are)personally known to me OR has (have)produced as identification. My Commission Expires: Notary Public 16 CITY OF DELRAY BEACH, a Florida Municipal Corporation ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to legal form and sufficiency: City Attorney Witness (Name printed or typed) Witness (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2014, by Cary Glickstein, Mayor, City of Delray Beach, Florida who: (please check one) is (are)personally known to me OR has (have)produced as identification. My Commission Expires: Notary Public 17 EXHIBIT "A" Legal Description of Real Property: 18 r MEMORANDUM r A.. TO: Mayor and City Commissioners FROM: Begona Krane,EIT Isaac Kovner,P.E.,City Engineer THROUGH: Terry Stewart,Interim City Manager DATE: September 18, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 HOLD HARMLESS AGREEMENT/3933 LONE PINE ROAD BACKGROUND Consider a recommendation to approve a Hold Harmless Agreement between the City of Delray Beach and Mr. and Mrs. Jeremy Office (Owner) to install/construct a tennis court in the City's Utility Easement. This property is located at 3933 Lone Pine Road(location map attached). Owner is planning to install a tennis court on top of an existing 6" water line. As a result, a Hold Harmless agreement with the City of Delray Beach is required since the City is responsible for maintenance of the water main (attached). The Hold Harmless Agreement provides assurance that the City is held harmless for work performed in the utility easement by the property owner and the contractor or agent, and guarantees the City access to the utility at any time in the event that work in the utility easement is necessary. The Agreement also stipulates that the property owner is responsible for restoration of any above ground improvements within the easement once the City properly backfills, compacts and sods the easement area after any necessary maintenance work on the utility. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before the City Commission is to approve a Hold Harmless Agreement between the City of Delray Beach and Mr. and Mrs. Jeremy Office to install/construct a tennis court in the City's Utility Easement. This property is located at 3933 Lone Pine Road. OPERATING COST N/A TIMING OF THE REQUEST Timing of this request is important so that the Owner can continue the improvements to their property. RECOMMENDATION Staff recommends approval of the Hold Harmless Agreement. HOLD HARMLESS AGREEMENT FOR WORK AND FUTURE MAINTENANCE PERFORMED WITHIN UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 2014 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and Mr. and Mrs. Jeremy Office_, (hereinafter referred to as "PROPERTY OWNER"). WITNESSETH: WHEREAS, PROPERTY OWNER wishes to install/construct tennis court improvements in the utility easement; and WHEREAS, this Agreement shall provide that PROPERTY OWNER shall hold harmless and defend the CITY for the work performed in the utility easement by the PROPERTY OWNER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above,the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. PROPERTY OWNER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by PROPERTY OWNER, its contractors or agents in relation to the work performed in the utility easement and as more particularly shown on the plans submitted for the Tennis Court at 3933 Lone Pine Road. 3. PROPERTY OWNER warrants and guarantees to the CITY that all work within the utility easement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The PROPERTY OWNER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the improvements within the utility easement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. PROPERTY OWNER shall deliver this agreement to its Surety. The Surety shall be bound with and for the PROPERTY OWNER in the PROPERTY OWNER'S faithful observance of the guarantee. 4. PROPERTY OWNER warrants and guarantees to the CITY access to the water main within the utility easement at all times. if the CITY has to perform maintenance work on the water main that requires disturbance to any improvements above ground and within the utility easement, the PROPERTY OWNER agrees to pay for any and all restoration. City's responsibility ends after utility pipe is repaired and trench is properly backfilled and compacted with Bahia sod placed on top of backfilled and restored area. 5. PROPERTY OWNER shall supervise and direct the installation and construction of the improvements in the utility easement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved plans. PROPERTY OWNER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvements within the utility easement. 2 6. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 7. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the improvements within the utility easement. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 8. PROPERTY OWNER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. PROPERTY OWNER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: OWN Bye_ Z . (Print or Type Name) (Print or T e Name) 3 - /4LYSt31m �etfSTW :"_: RAY COMMISSION#EI ., EXPIRES Febrary c (Print or e N e) (SE L o',s3 ,,,��,7W f ALY ON AUSTIN _ M Y Cf3�AMISSIbd+1# ! EXPIRES Fe o6,2010 STATE OF Fto9 A COUNTY OF P`t Is The foregoing instrument was acknowledged before me this Wfh day of 20 by ;. ,,,(name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identi nj as identi on and did (did not) take an oath. Signature- a lic- t o Florida �r 4 A001111 mor CANAL L---30 COURT N.W I- AT > 1 IN F r-� /A L) w U � N z N.W. N Rl1ACR.A DRIVE z N W. LANCEWOOD PL N.W. 157H ST. N. W. 15TH ST. ¢ ¢ F = r N r EACHWOOD DR. w x �^+ n aH N.W. 14TH ST. N.W. 14TH ST. z a z z z ?I GRCLE NORTH H El c rFT N.W. 1� F N.w_,3T11 CT. N.W14TH ST ❑� > w t ¢ � a N ❑N.W. 13TH ST. ❑ k.w.,3u sr. Z Li 0 Li ❑ d 2th rtsiDE war d N.w. 12TH ST. NW. 12TH ST. O N.W.,zlh Sr. w ❑❑ ❑ oo z 9 N 00 Sou N.W. 10TH PL Ln 3 L ❑ N.W. 10TH ST. z �� 10TH ST_ n v x N.w.10TH ST. - ❑ n 0 ST. _ _� ❑ ❑ N.W. 9TH ST. N.W. 10TH PL. J N.W. 9TH S7_ '^ ¢ ° > ❑ w ¢ i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: September 9, 2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 RATIFICATION OF EMERGENCY EXPENDITURE AND REVISED ANNUAL EXPENDITURE LIMITS/ATLANTIC REFRIGERATION BACKGROUND Consider a motion to ratify an emergency acquisition in the amount of$51,870 and a motion to approve a recommendation for an annual funding appropriation limit with Atlantic Refrigeration of an estimated amount, not to exceed, $200,000. The City has an annual contract with Atlantic Refrigeration to provide air conditioning, services,repairs and preventive maintenance, Bid 2014-10. The contract establishes a fixed price for annual preventive maintenance as well as hourly rates for service calls at $38.00/hour. The contract was awarded by City Commission on January 7, 2014, at an estimated annual amount of$57,732.00 based on an estimated amount of service hours. The contract term is one year, with a provision for two annual renewals. Unfortunately, there have been a higher than expected rate of unit failures. The total expenditures for FY 14 equal $78,169.08, which include service under prior contract ($31,668.42), replacements ($18,645.59) and expenditures under current contract($27,855.07). In addition, a 30 ton AC unit at Police Department Headquarters has started failing. For budget purposes to program the unit's replacement into the next year's capital improvement plan, staff obtained an estimate from Atlantic Refrigeration in March 2014; replacement estimated at $47,750. Unfortunately, the unit's failure is accelerating and required staff to expedite their action plan. This unit operates under the Metasys Control System (a climate control/energy management system by Johnson Controls), which ensures that the comfort controls, lighting, fire safety, and security equipment, operate together in harmony. Therefore, this is not an off the shelf unit, but needs to be fabricated. Atlantic Refrigeration, having had the annual maintenance contract has acquired extensive knowledge and experience with this unit and the Metasys system, was asked to provide an updated quote for an immediate replacement of the unit. Per the current contract's established rates and material mark-ups, Atlantic Refrigeration submitted a current cost of $51,870 for replacement of this unit; revised quote dated September 3, 2014. Due to the long lead time involved with fabrication and shipping of this unit, the Police Department requested authorization from the City Manager to initiate the purchase on an emergency basis while seeking City Commission approval. The City Manager approved the request on August 28, 2014; the acquisition has been initiated, the unit is being fabricated, and the delivery is scheduled by the end of October 2014. With the recent expenditure history and anticipating future needs, staff recommends a new funding limit with Atlantic Refrigeration in the not to exceed amount of$200,000 annually, subject to the contract being renewed annually through January 6, 2017, and subject to future annual appropriations. The consideration for the emergency acquisition in compliance with Code of Ordinance, Chapter 36, Section 36.02 (C) (5) and Code of Ordinance, Chapter 36, Section 36.03 (B) to remain in compliance with "Multiple acquisitions from a vendor exceeding $25,000 in any Fiscal Year." FINANCIAL DEPARTMENT REVIEW Finance recommends approval. To avoid future spending overruns of this type, we will frame future request for Commission approval in terms of unit prices (i.e., cost per service hour) consistent with the bid process, rather than as fixed annual amounts based on estimates of service hours used. DISCUSSION The item before the City Commission is to ratify an emergency expenditure in the amount of$51,870 to Atlantic Refrigeration and consider a funding limit with Atlantic Refrigeration on an annual basis in an amount not to exceed of$200,000, contingent on the contract's annual renewals and contingent on annual budget appropriations. TIMING OF THE REQUEST The approval of this item is of high importance to ensure continued service/maintenance of existing AC units and replacement of units in case of failure. FUNDING SOURCE Funding will be from various departmental accounts as appropriated in budgets. RECOMMENDATION By motion,ratify emergency expenditure in the amount of $51,870 to Atlantic Refrigeration and by motion, consider a funding limit with Atlantic Refrigeration on an annual basis in an amount not to exceed$200,000, contingent on the contract's annual renewals and annual budget appropriations. f INSTALLATION AGREEMENT ATLANTIC REFRIGERATION CORP.,herein referred to as ATLANTIC, and City of Delray Beach Police Department,hereinafter referred to as CUSTOMER,hereby agrees that Atlantic will install equipment at the following location: 300 W. Atlantic Ave, Delray Beach, Fl 33444 First Floor Jail EQUIPMENT SPECIFICATION Carrier #50A3-030-NS621EE Carrier Rooftop Package Unit. 460/3 Factory accessories; a. Hot gas bypass b. Differential dry bulb economizer c. VAV application with factory installed VFD d. Comfort Link Controls e. 10HP premium efficiency motor f Pre-coated condenser,evaporator and hot gas coils g. Extended compressor replacement warranty 2-5 years. INSTALLATION DETAILS Replace failing RTU as described above. Re-connect to existing power supply,drains and control system. Start up and set up Comfort Link control interface. Pricing includes all labor and material to promote a successful i9nstallation as well as crane service and equipment disposal. TERMS & CONDITIONS 1. This agreement covers only the above-mentioned equipment and work. Any additional work will be the responsibility of the customer. 2. A 50%payment is required at the time of Acceptance of the agreement the remaining balance is due upon completion. Late payments shall bear interest at the rate of 1-1/2%per month. 3. It is agreed that all of the material provided under this agreement shall be and remain personal property,and the title to it is hereby retained by Atlantic and shall not pass to the customer until the full agreement price has been paid. In case of default by the customer,all costs of collection, whether suit be brought or not shall be paid by customer. Atlantic shall not be liable for any delay,loss or damage caused by acts of God,strikes, accidents,or any other reason beyond its control. 4. This quote is valid for 60 days. TOTAL INVESTMENT, Standard 8 week ship, $51,870.00 including crane service and disposal. Option. Premium for 3 work week accelerated build, $4,720.00 TOTAL INVESTMENT,including Optional 3 week Quick Ship, $56,590.00 Michael E.Mc Gann/V.P.of Operations Atlantic Authorized Representative Customer Authorized Signature Date: Revised 9/03/14 Date: Atlantic Refrigeration Corporation 1255 N.W. 17th Avenue,Delray Beach,Florida 33445. 561-278-1937 Fax: 561-278-0373 www.atlanticrefrigeration.cc CITY OF DELRAY BEACH 100 NW 1"AVENUE,DELRAY BEACH,FL 33444 BID No. 2014-10 AIR CONDITIONING SERVICE, REPAIRS AND PREVENTATIVE MAINTENANCE SERVICES ANNUAL CONTRACT MAYOR -CARY D.GLICKSTEIN VICE MAYOR -AL TACQUET DEPUTY VICE MAYOR -SHELLY E.PETROLIA COMMISSIONER -ANGELETA GRAY COMMISSIONER -ADAM FRANKEL CITY MANAGER -LOUIE CHAPMAN,]R, Purchasing Division*Finance Department♦(561)243-7161/7163 ♦Fax(561)243-7166 CITY OF DELRAY BEACH INVITATION TO BID Bid No. 2014-10 AIR CONDITIONING SERVICE, REPAIRS AND PREVENTATIVE MAINTENANCE Annual Contract TABLE OF CONTENTS Invitation to Bid 1 General Conditions,Instructions and Information 2-5 Indemnity/Hold Harmless Agreement 6 Cone Of Silence 7 Insurance Requirements 8 Insurance Form Samples 9-11 Standard Form of Agreement 12-16 Corporate Achnowledgment 17 Certificate (If Corporation) 18 Specifications 19-20 Detail Specifications 21 -25 Schedule of Pricing—Air Conditioning Services&Repairs 26 Scope Of Worm— Preventative Maintenance 27 Schedule of Pricing — Preventative Maintenance 28 Drug Free Worhplace Certification 29 References 30 Bid Signature Form 31 Statement of No Bid 32 Attachment'A" 33 Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 0 CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-716117163 Fax: (561) 243-7166 BID No: 2014-10 DATE: November 4, 2013 TITLE: Air Conditioning Service, Repairs and Preventative Maintenance Annual Contract BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, December 03, 2013 @ 10:00 A.M., at which time all bids will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a park thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of DeiFay Beach, Florida, hereinafter called the CITY. There will be on pre-bid conference held for this Invitation To Bid. All questions regarding this solicitation must be received in writing via email to nadal .mydelraybeach.com or faxed to (561) 243- 7166. Answers will be given via addendum only. *No questions received after 2:00 P.M. on Thursday, November 21, 2013, will be addressed. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VENDOR NAME, BID NUMBER, TITLE, AND DATE OF BID OPENING OPENING: It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) UNBOUND ORIGINAL AND ONE 1O COPY OF REQUIRED BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. Copies of the specifications may be downloaded from www.DemandStar.com, phone (800) 711-1712, or may be obtained in hard copy from the Purchasing Office, City Hall,100 N.W. 1S Avenue, Delray Beach, Florida, 33344 or by email request- nadal(c_mydelraybeach.com AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. All service/work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1St Avenue Delray Beach, Florida, 33444. Call Purchasing at 561-243-716117163 for information. **The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re-advertise and to award the Contract in its best interest. Bid No, 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 1 GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initiaied by bidder in ink. Bids shall be signed in ink. All prices shad be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or impiied by the City of Delray Beach as to the total amount or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted wilt govern. C. Consideration in awarding bids for term contracts will be giver first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Deiray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts wili not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges inciuded in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor cataiog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No. 2014-10 Air Conditioning Service,Repairs and Preventative Maintenance 2 6. QUALITY: All materiais used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. s. ACCEPTANCE: The material delivered under this proposai shall remain the property of the sailer until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the selier's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electricai appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13, SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY INSURANCE LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain a Business Tax License before a Notice to Proceed will be issued. Please contact Donna Porter, Business Tax Specialist @ (561) 243-7209 for more information. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See page eight (S) for Insurance Requirements. A "sample" certificate has been attached. Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 3 15. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part c- any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Commission or designee (i.e. City Manager) may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any deiivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 4 The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. a 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 25. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Pollcy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 26. PUBLIC RECORDS: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 27. BID PROTEST: The time limit for filing a protest is five (5) calendar days from the date bid results become public information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, RFP or RFQ solicitation or award must be filed in writing with the Purchasing Manager and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to: City of Delray Beach, Purchasing Manager 100 NW 15#Avenue, Delray Beach, FL 33444. 28. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination, Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 5 INDEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar, Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name A d VC bO&I Signature Bic]No:,2014-10 Air Conditioning Service Repairs and Preventative Maintenance 6 CONE OF SILENCE The Palms Beach County Lobbyist Registration Ordinance (Sections;2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable it the City of Delray Beach. Section 2-355 of the Palen Beach County Lobbyist Registration Ordinance includes :a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which'provides as follows: Sec. 2-355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation-, and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of-the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request.for qualification_, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of come of silence requirements and refer to this article. (d) The provisions of this article shall not:a.pply to oral.communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract: negotiations during any public meeting, presentations made to the board or local municipal:-governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filling the protest and any employee., or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal .governing body, or advisory board Member or selection committee member, unless specifically prohibited.by the a.ppl.icable competitive solicitation process. (e} The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a.county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. LaA, - / a--r / Contractor's Name ignature Date Bid No, 2014-16 Air Conditioning,Service, Repairs and Preventative Maintenance 7 INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employers Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy- Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The re wired certificates of insurance shall not only name the types of policies provided, but shall also referspecifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated or the attached "Sample of Insurance Certificate". Bid No. 2014-10 Air Conditioning Service,Repairs and Preventative Maintenance 8 Attachment I, 1 Of 3 AC-ORD CERTIFICATE OF LIABILITY INSURANCE PRaauteu THIS CERTIFICATE ES IS5UEII AS A MATTER or- INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Good Insurance, Inc, HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE pOLICIES BELOW. P.O. Box A-1 Best City, LISA 00000 INSURERS AFFORDING KAIC9 ers0 rRn IHSURe t h Willing Workers Assoc. WSURERB. ABC Drive 1N9ugeR C: Anytown, USA 00001 INSURERM NSURER F' COVERAGES tAA4YALnQ Or INSUWINCE L45fE6 BELOW HAVE BEEN 155UED TO THIS I�ISURID NW,nEO WITH RE FDR 7FEE POLICY THIS C INDICATED.MAY BE UE OIOG EMENT,TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WffN RESPECT TO WHICH THIS GEAT'IFlCATE��`9E lS5UE0 OR ,TNF INSURA14CE AFFORDED BY THE POUCIES DESCFJ5FD HEREIN 15 SUBJCGT TO ALL TH=_TFR4S,EXCLUSIONS AND CONDMONS OF SIKH GREGATELIMITS SHOWN MAYHAVE BErN REDMFO By PAID CLAIMS. ODGY HUId9P3t u,�RAL LSiBFtlff EACH OCGURE?ENDe 5 0O,D O D cp6el�RCIgLGLPO77604 0'1/01/10 fl1/01/1Z E Isss CW#.IS AAPERSONAL&ADV1NJURY S GENERALAGGREGvATE lACrC EC ATE I�fAPPL1ESnRf PaJCY PROs LOG ED SiDRILE LLABICOA1111f�61NGLELIMIT ArIYALtra ALP077b06 01/01/10 01/01/11 {Iasrctlen; = 30Q;OQ0 ALLOWNEDAUT,D5 6401LYLNJJRY T ' (t'vParoonl SCY�..UULEOALIrCLS I.pREp ALIrOS BODILY INJURY = 0P6T ixltlMlll NON-OWNER AUTOS PROPERT1DA1AAaE (Pot ucd�! aAnaaE UAHUtlrY ... AU TOO 4 WY ALrrO �' �OTH-TWIN FJCAGO 3 AUTGONLY: AG.^r S ECGE6&UMHRELLADASRTTV .• EACKOCCMRENCE S OCCeUR E CA.NMS7YCADE AGC MGi An S S pe-[7ucT19LE .. ; RE� S s wcsTATU- DTH. WORHERS CONPENIXXMN AND B EuPLOYERIVUABUTY GILP077606 03/01/10 03/01/11 E.LPA0I1ACC1DENr 6 100,000 ANY PROPRIETDRFARTNER;EXe7.lTiVE E(ULUMD7 E.L DISEASE.FA E>�PLO1'EE s 100 OQa oFFL:EwuR�Eiz NYa. -d. r.L G5Emr,Pc06JOY umrr 5 500 OO 6PEC7Al-PRWSFONS Lbbw oT Ek DIrKCRN'TfON OF OPENATEONa7 LOCATIdNfilYEli14.E6 U BXCl.U510NS ADDEP DYE.ALDORSEYENT'lBPECUILPROVISkDN6 THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED - see attached endorsement. CERTIFICATE HOLDER CANCE=LLATION SHOULD A OF THE ABOVE DESCRjaFD Pf1L1✓"SE GANCELLED bEFORETHE EXPIRATION CITY OF DELRAY BEACH. DATE THEREOF,nM Iesu4NG> gUftER WILL UNDGAVOR To"IL 30 HAYS WRFrTEN 100 ,NW 1st AVENUE NCMCETO'MrG:MMFIGATENOLDER NAMW TO THE LEFT,PVT FAILURE TO DO so IHAU DELRAY BEACH, FL 33444 WP=E NO OBLIGATION Dk L1ASP.M OFANY KIND UPON THE SISDRER,RS AGENTS OR RGPRESeNTAjWES ADTHORI25E RFPftHENTATW t t AGORD 25(200ilDS) 0 ACORD CORPORATION 7988 Bid No. 2014-10 Air Conditioning Service,Repairs and Preventative Maintenance 9 IMPORTANT tf ti-le c�dfioata Wde%r is an ADD(FIONAL INSORED, the OiryPeS) dust be endorsed- A statement on this ceflittmte does notconfer dUhts io fha oerWczti�halcfef in C&o of vc.,h endorsemarigs). if SUBROGNP4N IS WANED, subject to iha terms snd condffans of the policy, certatrt WWes may requlm an errdorserrtenL A statement an fhis certHcate doe. rtict COnfer fights to the ce fiicata folder to lieu of such endarsenneet(s). DISCLAIMER The Cerfi4i(�ate of frtsuranGO an the revsm side of this farm des Dvt constitute a txlrlva t been the t .ttng Insuna�s), aufti sd rep-,s a a or pmducer, and ttte c f fs a holder, nor does it afflrrnatWv y or watVaY amend, extend or atlewr fhe caveraga sifOrded by the policies fisted therecm Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 10 POLICY NUMBER: COMMERGIAL GEKERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLIGY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modffies insurance provided under the following: .COMMERCIAL GENERAL LIABILITY COVERAGE PART SGREOULEi Namo Of Additional Insured Persons Or or ariizafion s information re ulred to complete thls Schedule If not shown adove,wM be shown in the Dedaratlons, Section ii Who Is An Insured Is amended to in- elude as an addltforzal Insured the persons)or argani- zatfon(s) shown In the Schedule, but unfy with respect to liability for "bodily in)ur.�', "property daniage" or "personal and advertising Injury' caysad, In whose or In part, by your acts or omisslons or the acts or omis- sions of those acting on your behal€: R. in the performance of your ongoing operations-,or S. In connectlon with your promises awned by or ranted to you. Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 11 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of Tail-0 CtA 20I -(, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and I (hereinafter called CONTRACTOR WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows; 1 . The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions, 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements, The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 General'Conditions, Instructions and Information 2-5 Indemnity/Hold Harmless Agreement 6 Cone of'Silence 7 Insurance Requirements 8 Insurance form Samples 9-11 Standard Form of Agreement 12-16 Corporate Acknowledgment 17 Certificate(If Corporation) 1.8 Specifications 19-20 Detailed Specifications 21 -25 Schedule of Pricing—Air Conditioning Services&Repairs 26 Scope of Work—Preventative Maintenance 27 Schedule of Pricing-Preventatiive Maintenance 28 Drug Free Work Place Certification 29 References 30 Bid Signature Form 31 Statement of No Bid 32 Attachment°A" 33 Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 12 Addenda, numbers 1 to inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents Bid No, 201:4-10 Air CondiCioning Service; Repairs and Preventative Maintenance 13 and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought' against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No. 20 14-10 Air Conditioning Service, Repairs and Preventative Maintenance 14 The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid Na. 2034-10 Air Conditioning Service, Repairs and Preventative Maintenance 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST; CITY OF DELRAY BEACH, FLORIDA � W Q By: ity Clerk C D. Glickstein, Mayor Approved as to form: City Attorney WIT I CONTRA � ._ BY: (Print or type name and title) (Print or type name and title) (SEAL) Bid No.2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 16 CORPORATE ACKNOWLEDGMENT STATE OP - COUNTY of LCt�,L� The foregoing instrument was acknowledged before me this day of r l _ -- ovWWL 120 , by t�L L• l �� G; '" '"+ _ (name of officer or agent, title of officer or agent), of (�er�-�e� �rlC�r,��.� 'or (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used hislher -�I�a1� Nb�� (type o i.den J 'cation) as identification. Signature of Person aking Acknowledgment (--� %pA -1 - SaA�)llq Name of Acknowledger Typed, Printed or Stamped 11i\Ni111#11!1!1//�i X ION• �5810N c,�'•. ��y '; Ads �v` ••. ,w Bores �k Bid No. 2014-10 Air Conditioning Service, Pepairs and Preventative Maintenance 17 CERTIFICATE (IF CORPORATION) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of y T&_� `�,r Il1I1 C'ib . a corporation under the laws of the State of 6mi dc,, held on �y�,,������C Z 20 t he following resolution was duly passed and adopted: "RESOLVED", that Aek ( (A. 6mn , as tl(Ie,Pm� President of the corporation, he/she is hereby authorized to execute the Agreement dated 20� etween the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect, IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official r� seal of the corporation this 2Z day of L;ti , 20 tl_ (Secretary) (Seal) Bid No. 2614-10 Air Conditioning Service,Repairs and Prevcntative.Maintenance 18 CITY OF DELRAY BEACH BID #2014-10 SPECIFICATIONS 1. PURPOSE: The intent and purpose of this "Invitation to Bid" is to seek competitive bids for an Annual Contract for General Air Conditioning Services and Repairs at various locations within the City of Delray Beach. The awarded Contractor shall furnish all labor, materials, and equipment necessary to complete all work as specified by City's Building Maintenance Superintendent, and have the capability to service multiple locations at any given time. All materials shall be installed in compliance with the Standards of Good Workmanship and shall be approved prior to use by the City's representative. 2. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the bidder by the City through its authorized agent. Purchase orders/work orders shall be issued when service is needed. Contract shall be awarded to lowest and most responsive bid (hourly rates and percentages) submitted by a responsible bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the contract, and responsibility with current customers. Reference checks, review of equipment, and examination of financial stability will be considered together with price in the contract award. 3. COMPETANCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services described in this Bid and who can provide evidence of financial support, and that they have established a satisfactory record of performance with a sufficient fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business in the industry and as determined by the proper authorities of the City of Delray Beach. 4. PRICE FOR SERVICE: The bid wilt be divided into three groups — 1) Hourly rate of labor II) Mark-up factor (%) over cost of materials 111) Preventative Maintenance Group I: Bid your hourly labor rate which shall include travel time to and from the work site. Bid the hourly rate of labor for both a Lead Technician/Journeyman and Apprentice/Helper during working hours (8:00 a.m. thru 5:00 p.m. Monday — Friday) and the hourly rate of labor for both a Lead Technician/Journeyman and Apprentice/Helper for emergency calls after hours. Group IL' Bid on the percentage (%) markup over your cost for parts and materials. The City will pay for parts, on a cost plus markup factor (%). The City reserves the right to check the contractor supplier to confirm cast for parts and materials. Confirming price plus mark-up factor should equal your invoice price for parts and materials. The percentage mark-up is being used to provide for fluctuations in market price for parts and materials and to provide an equitable quantifiable invoicing system. Both groups must be bid on for our bid to be considered responsive. Quantities stated on Bid Form (Schedule of Prices) are estimates only. No guarantee is given as to the actual quantities that will be needed. Estimated quantities are based upon previous needs and estimated usage for twelve (12) month period. Said estimated quantities shall be used for purposes of determining the low bidder meeting specifications by the City. Group III: Preventative Maintenance shall be billed to the City of Delray Beach quarterly. Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 19 5. CONTRACT TERM: Term of the contract shall be one (1) year commencing with date of award on/or about December 2013, and expiring one (1) year thereafter. The City Commission or their designee (i.e. City Manager) reserves the right to renew the contract for an additional two (2) terms of one (1) year per paragraph #20 of General Conditions. If after the awarded contractor has completed the work and it is found upon inspection by the City's Building Maintenance Superintendent, or other designated representative by the Public Works Department, not to be satisfactorily completed, the Contractor will have forty-eight (48) hours to correctly complete the work. Upon completion the contractor will request a final inspection of all work by the City's Building Maintenance Superintendent, or designated representative. If the contractor fails or refuses to complete the work to the City's satisfaction the City reserves the right to procure the services from another source and hold the Contractor responsible for any cost occasioned or incurred thereby. 6, FIRM PRICE: The City requires a firm fixed price on the unit prices (hourly rates and percentage) as bid for the contract period. 7. PERMITS LICENSING AND WORKMANSHIP: All bidders shall procure all permits, Occupational License, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinance, rules, and regulations, for the proper execution and completion of the Work under this contract. 8. WORK AUTHORIZATION: All calls for work will be requested the City's Building Maintenance Superintendent, or designated representative, 9. INFORMATION; Any questions in regards to the Detailed Specifications of this bid should be addressed to Clayton Gilbert, Building Maintenance Superintendent, at (561) 243-7339. Any questions in regards to submission of your bids should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243-716117163 or by email nadal(o�m_ydelraybeach.com. 10. NEW OR LARGE REPLACEMENT AIR CONDITIONING WORK: The successful bidder agrees to provide a free estimate on new work for budgetary purposes when requested by the City's building Maintenance Superintendent. For any new work the city of Delray will provide drawings and detailed requirements that specify the scope of work. The City reserves the right to secure competitive bids from other contractors for selected new air conditioning work for which the successful bidder of this "Invitation to Bid"will be invited to submit a bid. 11. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold of thirty-six (36) months from the date of being placed on the convicted vendor list. Sid No. 2014-10 Air Conditioning Service,Repairs and Preventative Maintenance 20 DETAILED SPECIFICATIONS Air Conditioning Service & Repairs 1. SCOPE OF WORK: It is the intent of this Invitation to Bid to establish a service contract whereby air conditioning and/or heating work will be accomplished for the City of Delray Beach, by the Contractor in a reliable and timely manner. The Contractor shall have the capability to service multiple locations at any given time within the City of Delray Beach. 2, SUBMITTALS WITH BID: The Contractor shall submit documentation that illustrates the company's abiiity to perform the work that will be required under this Contract. The information shall include the following: a) Company Information including; 1) Number of years in business. 2) Number of full-time employees by category and years of experience b) References; 1) The contractor shall submit with his or her Bid, a list of names and phone numbers of at least four (4) references that may be contacted by the City. c) Certification: 1) Lead Technician/Journeyman shall have at least five (5) years experience in the Air Conditioning field in industrial and commercial applications. 3. SERVICE REQUIREMENTS: The Contractor shall provide all labor, material(s) and equipment to complete the following work: 4. (a) Existing buildings 1) General repair of existing domestic, commercial and industrial air conditioning systems including chillers, cooling towers, and thermal storage units. 'NOTE: City !-Fall and Library chiller is under a separate contract. 2) The work may involve location and repair of refrigerant leaks, recharging and check-out systems. 3) Provision and installation of air conditioning equipment including compressors, evaporators and control equipment to repair or replace existing installations. 4) The work may involve replacement of air conditioning equipment, ducts and other equipment that has been vandalized or otherwise in need of repair. b) New Work or Rehabilitation of Existing Buildings: 1) Provision and installation of all piping systems, air conditioning ducts and equipment to complete the new work or rehabilitation project. 2) The work may involve complete revision of the air conditioning system in a building that is being rehabilitated for a new use. 3) The work may involve installation of an air conditioning system for a "new" building which will include installation of all required equipment to complete the project for final inspection and ussue of a certificate of occupancy. NOTE: (1.) Approximately 90% of the Work Orders issued are for rehabilitation work. (2.) The City reserves the right to seek competitive quotes on repairs or replacements which exceed $1,000. Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 21 5. WORK ORDERS: Ordering: (a) Any supplies and/or services to be furnished under this Agreement shall be ordered by issuance of a written Work Order signed by the City's authorized representative(s). (b) All Work Orders are subject to the terms and conditions of this Agreement. In the event of a conflict between a Work Order and the Agreement, the Agreement shall have precedence. (c) Each Work Order will set forth the work to be accomplished, including but not limited to, time to complete, materials required and specifications and drawings to be followed. 6. CONTRACTOR'S RESPONSIBILITIES: (a) Upon receipt of a Work Order from the City's authorized representative(s), the Contractor shall prepare an independent written estimate of the labor and materials required to complete the work. The Contractor will be provided a detailed scope of work which identifies the specific job description. The Contractor shall complete the total estimate to accomplish the job and will identify any additional tasks necessary to satisfactorily accomplish the overall scope of work. (b) If, during the course of work, the Contractor encounters unforeseen conditions which impact the work and which could not initially be evaluated, the Contractor shall not proceed without written authorization of the City's authorized representative(s). (c) The Contractor must return an estimate to the City's authorized representative(s) within one week, or as otherwise directed, from receipt of a Work Order. (d) The Contractor's estimate will be evaluated to determine if the scope has been clearly and accurately understood, the hours have been accurately applied, the work has been properly estimated with supporting data presented and that material and equipment estimates are reasonable and properly documented. After the estimate has been reviewed, the City's authorized representative(s) may negotiate with the Contractor. The City's authorized representative(s) will approve a fixed price for the work described in the Work Order. (e) The Contractor acknowledges that work will be performed only after the above procedure has been accomplished. (f) The basic work unit to be provided by the Contractor shall be determined by the City's authorized representative(s) as to classifications and number of personnel needed for each project. The Contractor shall have appropriate transportation and an adequate inventory of tools and equipment to perform work at the job site. (g) Emergency work may be ordered orally and followed up within forty-eight (48) hours by a written Work Order (h) No work shall be done on weekends or City holidays unless specifically authorized in writing on a Work Order issued by the City. (i) Overtime work is not allowed unless approved in writing by a Work Order issued by the city. Q) Normal work starting time is 8:00 a.m. which coincides with the Contractor's time to start on the job site. Any travel time expenses shall be borne by the Contractor and will not be reimbursed by the City. The hourly rate bid shall include full compensation for labor, equipment use, travel time and any other cost to the Contractor. The rate is straight time for all labor, except as otherwise noted herein. Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 22 (k) The Contractor shall, in addition to all other guarantees, be responsible for faulty labor or workmanship and shall promptly correct improper work, without cost to the City, within a reasonable period after receipt of notification of such faulty labor or workmanship. Payments in full or otherwise do not constitute a waiver of this guarantee. The guarantee period shall be effective for one (1) year after acceptance of the work by the City. (1) Precautions will be exercised at all times for the protection of persons (including employees) and property. Barricades will be provided by the Contractor at Contractor's expense, when work is performed in areas traversed by persons or vehicles, or when deemed necessary by the City's Representative. (m) The Contractor shalt conform to all Federal, State and City regulations during the performance of the Agreement. Any fines levied due to inadequacies or failure to comply with all of the requirements shall be the sole responsibility of the Contractor. Any person found not in conformance with any laws, statues, rules or regulations will not be allowed on the job site. Continued violations by the Contractor shall constitute cause for immediate termination of the Agreement without recourse. (n) All existing structures, utilities, services, roads, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the Contractor during the term of specific Work Orders, and the Contractor shall be held responsible for any damage to property caused by reason of his operations on the property. 7. TIME IS OF ESSENSE: (a) The Contractor acknowledges that time is of the essence to complete the work as specified in each and every Work Order. The Contractor agrees that all work shall be prosecuted regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified in each and every Work Order. (b) If the Contractor neglects, fails, or refused to complete the work within the time specified in each and every Work Order or as properly extended by the City, then the Contractor does hereby agree, as part consideration for awarding of the Agreement, to pay to the City the sum of $100.00 for each and every calendar day that the Contractor shall delay after the time stipulated in each and every Work Order for completing as set forth herein. S. COMPLETION: After the work called for in a Work Order has been completed, the Contractor shall provide the following information in writing to the City's representative: (a) Actual hours used to perform the work (by category of personnel); (b) Date and time the work was initiated and completed; (c) Contractor's certification that the work has been completed; (d) A detailed breakdown of the materials used to complete the work. 9. SPECIAL REQUIREMENTS: The following special requirements are conditions of the Agreement: (a) The City will notify the Contractor when services are required by means of a Work Order. The Contractor shall commence the work on the date agreed to after receipt of an approved Work Order and will complete the work as specified in the Work Order. (b) The Contractor shall respond to emergency service calls within one (1) hour for Public Safety (Fire/ Police) and within two (2) hours for all other buildings. Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 23 10. EQUIPMENT: (a) The personnel shall have or be provided with a working set of hand and power tools for general air conditioning work. (b) The contractor shall have ownership of suitable equipment to be capable of completing the Work Order in a timely manner. The equipment shall include, but not be limited to, the following: 1) System evacuation equipment. 2) Sheet metal shearing and forming equipment. 11. INVENTORY: The Contractor shall have and maintain an inventory of piping, duct materials and air conditioning equipment to provide for timely completion of Work Orders. LEFT BLANK INTENTIONALLY Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 24 12, BUILDING LOCATIONS: Air Conditioning Services Department Description Address # of Units Building Maintenance City Hall 100 N.W. 15 Avenue 14 Building Maintenance City Attorney 200 N.W. 15 Avenue 2 Building Maintenance Cason Cottage 1 100 N.W_ 2" Street 1 Building Maintenance Delray center for the Arts 51 N. Swinton Avenue 40 Building Maintenance Environmental Services Admin 434 S. Swinton Avenue 2 Building Maintenance Federspiel Garage 22 SE 1 Avenue 1 Building Maintenance Public Works/ES Complex 434 S. Swinton Avenue 10 Building Maintenance Utility Maintenance 434 S. Swinton Avenue 2 Building Maintenance Meter Repair 434 S. Swinton Avenue 1 Building Maintenance Old School Square Parking Garage 95 N.E. 1 Avenue 4 Building Maintenance Parks Maintenance 320 S.W. 4 Street 2 Building Maintenance Visitor Center E.Atlantic avenue 1 A1A 2 Fire Department Fire Station #1 501 W. Atlantic Avenue 7 Fire Department Fire Station#2 35 Andrews Avenue 3 Fire Department Fire Station #3 651 Linton Boulevard 2 Fire Department Fire Station#4 4321 Lake Ida Road 2 Fire Department Fire Station#5 4000 Old Germantown Rd 4 Fire Department Fire Station #6—Highland Beach 3612 S. Ocean Boulevard 2 Park & Recreation Adult Recreation Center 802 N.W. 15 Street 2 Park & Recreation Lifeguard Headquarters 340 S. Ocean Boulevard 1 Park & Recreation Community Center 50 N.W. 1 Avenue 9 Park & Recreation Currie Common Park 750 S.E. 2" Avenue 1 Park & Recreation Delray Marina 159 Marina Way 1 Park & Recreation Mae Voien 850 N. Congress Avenue 4 Park & Recreation Miller Park#1 1905 S.W. 4 Avenue 2 Park & Recreation Miller Park#2 1905 S.W. 4 Avenue 1 Park & Recreation Miller Park#3 1905 S.W. 4 Avenue 1 Park & Recreation Pompey Park 1101 N.W. 2" Street 5 Park & Recreation Pompey Concession Stand 1101 N.W. 2" Street 1 Police Department Police Complex 300 S.W. Atlantic Avenue 7 Police Department Police Substation (Beach) 2 S. Ocean Boulevard 1 Police Department Police Substation (OSS Garage) 95 NE 15 Avenue 1 Water/Sewer Division Water Treatment Plant 200 N.W. 6 Street 10 Golf Course Golf Course DBGC 2200 Highland 14 Golf Course Lake View GC 1200 Dover Rd. 4 NRC Community Improvement 141 S.W. 12th Avenue 2 CLT Community Improvement 145 SW 12 Avenue 1 Tennis Center Swim &Tennis Jaeger Drive 4 Tennis Center Ticket Booth 30 NW 15 Avenue 1 Tennis Center Tennis Center Club House 201 West Atlantic Ave 2 Bid No, 2014-10 Air Conditioning Service,Repairs and Preventative Maintenance 25 SCHEDULE OF PRICING BID #2014-10 AIR CONDITIONING SERVICES AND REPAIRS Furnish all labor, tools, equipment, transportation, etc., necessary to provide Air Conditioning Services to the City of Delray Beach, all in accordance with the attached Specifications, for the hourly rates per man, per hour as follows: GROUP I. Hourly Rate of Labor: A. 8:00 A.M.thru 5:00 P.M. Monday-Friday TOTAL ESTIMATED TOTAL ANNUAL LABOR HOURS OF X HOURLY RATE + LABOR COST LABOR USED _ ANNUALLY i. Lead Technician/Journeyman 100 Hours X $ � � _ $ scow: 2. Apprentice/Helper 50 Hours X $ B. After Hours (Overtime-Emergency Calls) TOTAL TOTAL ANNUAL LABOR ESTIMATED X HOURLY RATE + LABOR COST HOURS OF LABOR USED ANNUALLY 3. Lead Technician/Journeyman 15 Hours X $ 4. Apprentice/Helper 5 Hours X $ S� $ GROUP ll. Percentage Mark-u Parts t Materials): TOTAL ESTIMATED AMOUNT PERCENTAGE TOTAL ANNUAL MARK-UP FOR SPENT ON MATERIALS x MARK-UP MATERIALS ANNUALLY — 5. $20,000 Times = $ +� % 3a o0�- TOTAL ESTIMATED AMOUNT + TOTAL = TOTAL ANNUAL COST FOR SPENT ON MATERIALS ANNUAL MATERIALS MARK-UP FOR MATERIALS 6, $201000 Pius _3� r *GRAND TOTAL—GROUPS I & 11 (Items 1, 2, 3,4, & 6) $ C2 Bid No. 2014-10 Air Conditionin g Service, Repairs.and Preventative Maintenance 2.6 SCOPE OF WORK BID #a0 l 4- [ 0 PREVENTATIVE MAINTENANCE 1. SCOPE OF WORK. It is the intent of this Invitation to Bid to establish a preventative maintenance contract for all air conditioning equipment at each site for the City of Delray Beach. The Contractor shall have the capability to service multiple locations at any given time within the City of Delray Beach. For all air conditioning equipment at each site a. Change all pleated filters—two (2) times yearly b. Precision Tune-up —two (2) times yearly • Check and clean evaporator coils. • Check and clean condenser coils. • Change filters (w/pleated) and write date changed on all filters. • Clean condensate pans and drains, add tablets to inhibit algae growth. • Monitor and adjust refrigerant pressure. • Adjust and clean blower components. • Oil / grease all motors and bearings. • Check and record all voltages and amperages. • Measure heating and cooling transfer capability. • Check/tighten / clean all electrical connections. • Lubricate moving parts. • Check 1 adjust/ replace as needed all belts. • Keep units clean. • Check/ calibrate thermostats. Note: Filters changed U per year total Contractor is responsible for supplying all materials used in the PM process (filters, refrigerant, oils, grease, lubricants, coil cleaners, cleaning supplies, belts). Reports will be given to the manager at each site-of the work performed and status of the equipment. Bid No.2014-10 Air Conditioning service,Repairs and Preventative Maintenance 27 SCHEDULE OF PRICING BID #2014- 10 PREVENTATIVE MAINTENANCE *Preventative maintenance will be invoiced quarterly. Building Location Address Cost Per Year CIV 1 City Half 100 N.W. 1St Avenue $ 2 Delray Center for the Arts 51 N. Swinton Avenue $ 3 Delray Swim and Tennis Club 2350 Jaeger Drive $ 4/ 4 Lakeview Golf Course 1200 Dover Rd. $ QC0 5 Fire Station #1 501 W Atlantic Ave. $ Z/5_2 6 Fire Station #2 35 Andrews Ave. $ / �O` � 7 Fire Station #3 651 Linton Blvd. $ S �/r �-7 O 8 Fire Station #4 Lake Ida Rd. & Barwick $ J(`� 9 Fire Station#5 4000 Old Germantown Road $ 10 Fire Station #6 3614 S.. Ocean Blvd, Highland Bch $ l -f 11 Police HQ & Shooting Range 300 W. Atlantic Ave. $ r W 12 Visitors Center E Atlantic Ave and A I A $ 13 OSS Parking Garage 95 NE 1 st Ave $ /�p o B7 14 Federspiel Parking Garage 22 SE 1st Ave $ ��a 15 Employee Wellness Center 525 NE 3rd Ave Suite 1041105 16 City Hall 100 NW I"Ave �( 30 Ton RTU over P &Z only) $—�? • ' 17 Mae Volen Center 850 N. Congress Ave. $ 18 Delray Center for the Arts 50 N Swinton Ave. $ _r ✓ u Per Quarter Per Year TOTAL $ 17 3 /�q, :2 Y $-ago Preventative maintenance will be invoiced quarterly. Bid No. 2014-10 Air.Conditioning,3ervice,Repairs and Preventative Maintenance 28. i DRUG FREE WORKPLACE CERTIFICATION Bid 2 014= 10 Air Conditioning Services, Repairs and Preventative Maintenance Services If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087. Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a. bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process, Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's.policy of maintaining a drug-free workplace, any available drug counseling., rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guiity or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firth will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. 40!&Contractor's Name Si nature 4 Bid No; 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 29 WORK REFERENCES Bid 2014- 10 Air Conditioning Services, Repairs and Preventative Maintenance Services 'Please complete this page or attach your reference page to this sheet. Company Address City, State, Zip LL " r Contact Person Telephone S — Date(s) ofServ'ice Type of Service — Comments: Company ,u lW 6 Address �� ///c, Ape �,,- City, State,Zip Contact Person Telephone Date.(s)of Serv'€ce Type of Service Ale vs.�E/v� sice� rc+.rJ Comments: Company .v 4 Address rx,� city,State,Zip Contact Person Telephone Date(s) of Service Type of Service rP CJ/rl//!'7iL e'r �J Je.t Comments: �p Contractors Dame: Bid No, 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 30 CITY OF DELRAY B10 SIGNATURE FORM Bald 2014- 10 Air Conditioning Services, Repairs and Preventative Maintenance Services PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. &(rrl *Name of Bidder (Firm Name as Rbgistered with their State of origin) J` C Business Address: c 5 f� �� l we, Stre tAddress (P.O. Box Address is not permitted) City, State, I Mailing Address: 91 Iheck if Same as Business Address above Street Address ity, St_ e, Authorized Si nature {Written} I Print Name and Title of Person Signing this Form Date Telephone 1 Fax No. Email Address of Authorized Sig nee: e�1Q e CCr� r . e VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: �- V-ItLet- TELEPHONE; ( y r2 - / EMAIL ADDRESS: Thank you for your interest in the City of Delray Beach Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 31: CITY OF DELRAY STATEMENT OF NO BID Bid 2014- 10 Air Conditioning Services and Repairs - Annual Contract If you are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 53444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VEND `R NAME: ADDRES . TELEPI BONE: SIGNATURE: DATE,: Minority Owned Business: ❑ Black \onBid ic El woman F] Other We,the undersigned have declined to bid 2014-10 due to the following reason(s): Please Check below: ❑ Specifications too"tight", i.e., geared towar rand or manufacturer only(explain below) ❑ Insufficient time to respond to the Invitation to Bi ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet:bond requirements ❑ Specifications unclear(explain below) ❑ Other(specify below) RemarkslOther: Bid No. 201 4-10 Air Conditioning Service, Repairs and Preventative Maintenance 32 ATTACHMENT "�® �•■ Bid No:201440 Air Conditioning Service,Repairs and Preventative Maintenance 33 L � Q L O Q 0 a U') to to IQ O O G G j " O 0 o N i-� n PI- N O 0 Q Y 6 L N � � Cl) o o C W. 'a V ui c i T- t# It N LLJ °D 4r to �r c �► elk o o Q C O 4 00 0 u�i °o p o ° ° 4J ca � W) o (D 0) O O . . � £9 mo d�3 � Ef} t 6N9, LO }' N a 0 O U � L L co 0 a co 0 c Q d_ a (D Q V O �r• (D O c a VI lL4 Ff} a 69 lfd y} oy 63 N M M Q W to TZ O 64 H9 4q- t U U a' °o Q o a co o a, rn o 0° o 0 0 o p o o o M a a o m co. ui ui °o 00 eq 4a 40 fA- cm _ uu c W N N u1 m g V p >- Z!rj o' 0 0 d Q o O 0 0 o o u� a. p° 0 O Q o: cs o 0 0 o p � wr c � o c�i. ci � o �i o •-� o o � J. W ° e°n �°a o` °o m W. (n © to dsr 0i ri n W J LL I]j O m ? z Q cwn _ Q z �a z C3 W p Z �' a f= O 0 N to ' D V k W = T- �? �- a a o E Z OC ° W) C) U Q C a �_ O Q N N G Z Q W 3 0 C m �. Y � to E C d uI. C Q 0 N _ >1 � � C � r D t3 m OJ Ir 0 0 _ E E E Q _ y p 0 t O p M:� C [ti m a e, � c Q Q o p ..m v E H o u } �a ~ v = FQ- w a� J o w ? d a � o W »+ co Q Q Q d Fp 0 r cl� m c�i Wa ui cD FILE COPY DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Terrance E. Stewart Interim City Manager FROM: Captain Thomas Mitchell Support Services Division Commander THROUGH: Jeffrey S. Goldman Acting Police Chief DATE: August 27, 2014 SUBJECT: POLICE DEPARTMENT AIR CONDITIONER REPLACEMENT The Police Department is requesting approval for Atlantic Refrigeration to replace a 30- ton rooftop air conditioning unit that cools the first floor Patrol Division. This unit was originally manufactured and installed in 1999 and has outlived its life expectancy. The unit is currently in the Capital Improvement Budget to be replaced in FY 201412015; however, it is not operating correctly and can no longer be efficiently repaired. This emergency request is being made since the areas this unit cools house the Motorola Radio System, two racks of servers for computers, our Evidence Section and Crime Scene Units, along with the Patrol Division. The Motorola Radio System and computer servers require cooler temperatures in order to operate correctly, otherwise they could overheat and shut down. This could be catastrophic if the radio system failed, creating safety issues for both firefighters and police officers. Within the Evidence Section and Crime Scene Unit, property is stored and tested that cannot be subjected to heat or moisture (i.e. narcotics, bodily fluids, etc.) as well as items with fingerprints that could be smeared. This becomes more of an issue when Crime Scene is performing certain tests for preparation of court cases. Lastly, mold has already been identified in the Patrol Division. If a proper temperature is not maintained, the mold would have an ideal environment to grow and adversely affect our personnel and taint property that is considered evidence for criminal case filing. The Environmental Services Department is in the process of preparing an agenda item for the Commission meeting on September 16, 2014 for approval to continue i purchasing from Atlantic Refrigeration. However, this increase would not cover the cost of replacing this unit. On March 10, 2014, a quote was received from Atlantic Refrigeration, in the amount of $47,750, to replace this unit with a 2014 Carrier rooftop package unit, to include installation. Today, Clayton Gilbert spoke with Michael McGann, VP of Operations for Atlantic Refrigeration, and requested an updated quote. Mr. McGann did not believe there was a significant price increase, but did state that there was an increase of no more than $5,000. This would bring the cost up to approximately $52,750. Mr. McGann has a unit available and could have it installed within a week. The Environmental Services Department recommended that installation and purchase is done by Atlantic Refrigeration since the vendor is familiar with our Metasys Control System. If this purchase is not expedited, the only alternative would be to install a temporary unit at an approximate cost of$15,000. The temporary fix would be necessary to ensure the preservation of emergency equipment and evidence that is stored within this section of the building. Moving the equipment and evidence is not an option. The replacement for unit model 50AK-040-EE20965 can be found under CIP project 15- 550, titled PD A/C R&R. This purchase is in compliance with Ordinance NO-29-13 Chapter 36.02 (c) direct acquisition method (5) emergency acquisitions. If you approve, please sign below and return to the police department. CitJ Manager Date c: Purchasing Manager Nadal dmt Page 2 of 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Terry Stewart, Interim City Manager DATE: September 12, 2014 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 FY2015 PROPOSED GOLF RATES -DELRAY BEACH MUNICIPAL GOLF COURSE BACKGROUND Attached is the proposed maximum rate schedule for the municipal course for FY2015. Also attached is a rate comparison with other local municipal courses reflecting current year pricing. Maximum rates would be the highest rate which would be charged. Actual rates are based on market conditions and specials are often promoted throughout the year. This year the current actual rates are below existing maximums and the management company is not proposing any increases to the maximum rates. Additionally, permit holders can play the Lakeview course for a reduced fee and we also have a college student permit fee. DISCUSSION The item before the City Commission is approval of the proposed maximum rates for FY 2015 for the Delray Beach Municipal Golf Course. TIMING OF THE REOUEST This is time sensitive if rates are to be changed. RECOMMENDATION Staff recommends the City Commission approve the proposed maximum rates for FY 2015 for the Delray Beach Municipal Golf Course. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUZANNE DAVIS, DIRECTOR OF PARKS AND RECREATION THROUGH: TERRANCE STEWART, INTERIM CITY MANAGER DATE: SEPTEMBER 4, 2014 SUBJECT: AGENDA ITEM# REGULAR MEETING OF OCTOBER 7, 2014 FY 2015 PROPOSED GOLF RATES - DELRAY BEACH MUNICIPAL GOLF COURSE BACKGROUND: Attached is the proposed maximum rate schedule for the municipal course for FY2015. Also attached is a rate comparison with other local municipal courses reflecting current year pricing. Maximum rates would be the highest rate which would be charged. Actual rates are based on market conditions and specials are often promoted throughout the year. This year the current actual rates are below existing maximums and the management company is not proposing any increases to the maximum rates. Additionally, permit holders can play the Lakeview course for a reduced fee and we also have a college student permit fee. LEGAL REVIEW: FINANCIAL REVIEW: DISCUSSION: City Commission is requested to approve proposed maximum rates for FY 2015 for the Delray Beach Municipal Golf Course. OPERATING COST: TIMING OF THE REQUEST: This is time sensitive if rates are to be changed. RECOMMENDATIONS: Staff recommends a motion by the Commission to approve the proposed maximum rates for FY 2015 for the Delray Beach Municipal Golf Course. C:AProgram Files\neevia.com\docConverterPro Atemp\NVDC\B2006C75-71F7-4577-8937- B8579CDD44AC\PDFConvert.22129.1.Agenda Item_Proposed_FY 2015_Maximum Rates_Municipal_Golf Course.doc w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Terry Stewart, Interim City Manager DATE: September 12, 2014 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 FY2015 PROPOSED TENNIS RATES/TENNIS FACILITIES BACKGROUND Attached are the proposed maximum rates for Tennis Facilities for FY 2015. Also attached is a rate comparison which reflects current rates with other facilities. All proposed rates are based on market conditions. Based on the survey of other local tennis facilities and current economic conditions, no increases are recommended at this time. The actual rates can be adjusted below maximum to remain competitive; however, they will not go above approved maximum rates unless approved by City Commission. DISCUSSION The item before the City Commission is approval of the proposed maximum rates for the Tennis Facilities for FY 2015. TIMING OF THE REQUEST This is time sensitive if rates are to be changed. RECOMMENDATION Staff recommends the Commission approve the proposed maximum rates FY 2015 for the Tennis Facilities. DELRAY BEACH TENNIS CENTER - FISCAL YEAR 20142015 PROPOSED MAXIMUM MEMBERSHIP RATES TYPE OF ANNUAL MEMBERSHIP (10101/14-9/30/15 RESIDENT EXISTING PROPOSED SINGLE $ 325.00 $ 325.00 FAMILY $ 500A0 $ 500.00 JUNIOR $ 50.00 $ 50.00 NON-RESIDENT SINGLE $ 565.00 $ 565.00 FAMILY $ 785.00 $ 785.00 JUNIOR $ 100.00 $ 100.00 TYPE OF SUMMER MEMBERSHIP 5 1 15-9 30 15 : RESIDENT SINGLE $ 150.00 $ 150.00 FAMILY $ 215.00 $ 215.00 JUNIOR $ 35.00 $ 35.00 NON-RESIDENT SINGLE $ 225.00 $ 225.00 FAMILY $ 315.00 $ 315.00 JUNIOR $ 55.00 $ 55.00 NOTE: MEMBERSHIP RATES LISTED ABOVE DO NOT INCLUDE FLORIDA SALES TAX. FAMILY=HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 OR UNDER DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2014-2015 PROPOSED MAXIMUM DAILY RATES COURT FEES - HARD COURTS (PER PERSON) MORNING/EVENING NOV. 1 -APR[L 30 EXISTING PROPOSED CITY RESIDENTS ADULTS $7.00 $7.00 JUNIORS $3.50 $3.50 COUNTY RESIDENTS ADULTS $8.00 $8.00 JUNIORS $4.00 $4.00 NON-RESIDENTS ADULTS $10.00 $10.00 JUNIORS $5.00 $5.00 MAY 1 -OCT 31 EXISTING PROPOSED CITY RESIDENTS ADULTS $5.00 $5.00 JUNIORS $1.00 $1.00 COUNTY RESIDENTS ADULTS $7.00 $7.00 JUNIORS $3.50 $3.50 NON-RESIDENTS ADULTS $8.00 $8.00 JUNIORS $4.00 $4.00 ALL PRICES INCLUDE 6% FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER- FISCAL YEAR 2014-2015 PROPOSED MAXIMUM DAILY RATES COURT FEES - CLAY COURTS (PER PERSON) MORNING/EVENING NOV. 1 -APRIL 30 EXISTING PROPOSED CITY RESIDENTS ADULTS $10.00 $10.00 JUNIORS $5.00 $5.00 COUNTY RESIDENTS ADULTS $12.00 $12.00 JUNIORS $6.00 $6.00 NON-RESIDENTS ADULTS $15.00 $15.00 JUNIORS $10.00 $10.00 MAY 1 -OCT 31 EXISTING PROPOSED CITY RESIDENTS ADULTS $9.00 $9.00 JUNIORS $4.50 $4.50 COUNTY RESIDENTS ADULTS $11.00 $11.00 JUNIORS $5.50 $5.50 NON-RESIDENTS ADULTS $14.00 $14.00 JUNIORS $7.00 $7.00 ALL PRICES INCLUDE 6% FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2014- 2015 PROPOSED MAXIMUM MISCELLANEOUS RATES EXISTING PROPOSED LIGHTS (1 112 HOURS) $7.00 $7.00 LOCKER RENTAL (YEARLY) $40.00 $40.00 BALL MACHINE RENTAL (PER HOUR) $17.00 $17.00 RACQUET RENTAL $3.00 $3.00 MISCELLANEOUS RATES INCLUDE FLORIDA SALES TAX PRIVATE LESSON RATES ONE-HALF HOUR: EXISTING PROPOSED MEMBERS/CITY RESIDENT $34.00 $34.00 COUNTY RESIDENTS $40.00 $40.00 NON-RESIDENTS $44.00 $44.00 JUNIORS COUNTY $29.00 $29.00 JUNIOR NON-RESIDENT $37.00 $37.00 ONE HOUR MEMBERS/CITY RESIDENT $56.00 $56.00 COUNTY RESIDENTS $64.00 $64.00 NON-RESIDENTS $77.00 $77.00 JUNIORS COUNTY $47.00 $47.00 JUNIORS NON-RESIDENT $57.00 $57.00 O C O p C C = _ (' Z 1 1 z N N N z N N N ^ O H N» LK O a 0 0} qQ o� a o $ N GGYx aN88$ 8$GSOOSN�,u8u'! 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' wc°i aOoa� iZzg �=' `x z m.%f o�n i7�a =gad 7dm wr�i0 v nP dY C°ii LD 6 n a�gf w _rn n x r4i of arm °oS 6 z Z:@ F Z — a i $gu Viz$ S n f m w lV1I(M E N .W-pR,m 2 w S 11hJ N 9 _o Q H 4'»N N N Q�wr N N H! O Ly K H df ==z y 6 = z W o d` } ' ¢ " j x E N o a ° w° a w° q w a O ¢ Or a w h� r O GOap y �rO Z�- °j-- r'3v �.}.�o'- �Or ww 4ww ww*�!y� ¢wugN� awN qkm " wn2� Szar? ��Z �z _� =z xu "J.?r°7, HZ �v°`i2 �r°nY °p a°1i zQzwm � � aLL ° c°i�dP °¢� 7��4.w.�a z rwn i ,adz u � M G N � 4 D x w Z N w N ^ N x H YYY 4 N w w» H N»N N g $$ �g 4,6 $ Sn$$$�$$S °o o°°a SP. SS$ `�'aS$ rog�iS�iSS S$ w S$ v,1ui�n vi U 6 4 dw 0 Y O C m m N H N N N H»M y w M N H H N N N N =»»N N N ^N N H »M M V N W N i ¢ w ° p ~ °F w _ N Z C] _p _ �$�� o� zzc�ca°_ LLlao�w a �� � ¢oo tz ~g �r a° = r y9 wwyy 0' ww 00 w wiz y wwwriw `nw S.f § Z h W us 0z W °o aOP ¢ °oo y u14 T6µ OqF.. w W�N K W Z Nfl]OOZ LL B-5 R. 3f UZ W zzz 63 OW WW h011°D 21 t U u 6 w]T ? a s w 1i 0 0 z w O n 00 w +I�+0 z mww W {�1W000O OLL r �2 Fes, x U U z z z U Z W N N u} 6 a U U z Z ¢a L] U ¢ 1y SC ww 000 i N r q K r =q a 0}G 2 O Z O U a a z Z z —y N Z O 2 z Z JU`J-2=Vc Z3 j} p�O a q =awc Q w}O J O U C] 9°$�8 C0�mra�mi�m 6`in �� LO) �3 ��� 13 ai ;i cn4� U w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Terry Stewart, Interim City Manager DATE: September 12, 2014 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 FY2015 PROPOSED GOLF RATES-LAKEVIEW GOLF COURSE BACKGROUND Attached is the proposed maximum rate schedule for the Lakeview Golf Course for FY 2015. Also attached is a rate comparison which reflects current rates for other like golf courses. The maximum rates proposed are the same as the current year and are in line with other comparable courses. This course is very price sensitive. This year the current actual rates are below existing maximums and the management company is not proposing any increases to the maximum rates. The proposed rates are in line with current market conditions to maintain or increase rounds played. DISCUSSION The item before the City Commission is approval of the proposed maximum rates for FY 2015 for the Lakeview Golf Course. TIMING OF THE REQUEST This is time sensitive if rates are to be changed. RECOMMENDATION Staff recommends the Commission approve the proposed maximum rates for FY 2015 for the Lakeview Golf Course. m C b >. a) E Ql `n C o N .p E w °oo °O °O o °o °- CD � +� E O r o 03 c6 ° H m = a_ to 69 6H 6F} 64 69 m U W O U N Z E O 00 OUO O ? O u1 _ — � C1 z .E F- N M M M N G) w o 00 00 U') Lo o �O ro _Z N a0 cD M M 00 L U O N F— N N N M �--- r '� � Q X C w o y E X 69 69- 6R (f} CD > E 0 fU C 41 0 U m ( �N m a E E N v d 0 c o C'1 E N ai m .0 3 �, a m X v m O d w in 0 Y .y r W o J o ° ° ° ° ° °p O E C) CD CD CD CD CD U') �' 3 co cfl LO v M U >+Q M M • 0 O d O O z O U) a w 0� } o D a- V), fA fA 69 Efl ER 64 cc i Q 9 ca .._. W O O O O O O O O p m E C O O O O 0 0 O LO O O z 'v y) co c� u? d M m O Z O X m LLJ � Q. >cu 6R 6fl 6R 69} b4 6g Ef} 6R Or) m O N O ff O H O ` V N N z NO N N M cep r E C N Q X E E m "� o w U) ca 64 69 N3 6F3 69 6R 69 6A U) O fly} m U N +� �+ �. z- E (� O Q m ++ 3 Q E c4 ate. O (D 7 O) N Z cu O v E d m U) _Y O O Y N _ .1 O U �} V X U) U) p cu '� ca Q fa `n cu �i 2 O "` N Z Of O Q Gc m a_ U z coo a South Palm Beach —Area Executive Golf Courses 2014-2015 Rate Comparison Ride 18 Holes Lakeview Sherwood King's Point "Shoulder" November-December Resident/League/Charity $27,50 n/a $26.00 Non-Resident $28.50 n/a $26.00 "Season" December—April, Resident/League/Charity $31.50 $26.50 $32.00 Non-Resident $33.50 $26.50 $32.00 "Summer April—November Resident/League/Charity $17.50 $15.95 $17,00 Non-Resident $18.50 $15.95 $17.00 Walk 18 Hales "Shoulder" Walking only allowed after November-December 11:00 AM Resident/League/Charity $20.50 n/a $14.00 Non-Resident $22.50 n/a $14.00 "Season" December—April Resident/League/Charity $22.50 n/a $14.00 Non-Resident $26.50 n/a $14.00 "Summer" April—November Resident/League $12.50 n/a $12.00 Non-Resident $13.50 n/a $12.00 *All rates subject to sales tax *Other golf courses in competitive analysis do not have a "shoulder" season w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: September 18, 2014 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 LANDSCAPE MAINTENANCE AGREEMENT/SEAGATE YACHT CLUB,LLC BACKGROUND The Seagate Yacht Club is located on the west side of MacFarlane Drive. The site plans and corresponding landscape plans have been approved and certified by the Planning and Zoning Director. These plans include landscaping in the right-of-way of MacFarlane Drive. The proposed landscaping will consist of Foxtail Palms and Green Island Ficus. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. FINANCIAL DEPARTMENT REVIEW The Finance Department's approval is not required. DISCUSSION The item before the City Commission is to approve the Landscape Maintenance Agreement between the property owner and the City for landscape installation within the right-of-way of MacFarlane Drive. OPERATING COST There are no operating costs. TIMING OF THE REQUEST There is no time-sensitivity to this request. FUNDING SOURCE No funding source required. RECOMMENDATION Staff recommends the City Commission approve the owner's request to install the proposed plants in the City right-of-way by executing the Landscape Maintenance Agreement. Prepared by: RETURN TO: City Attorney's Office 200 N.W. l"Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of 2014 by and among the City of Delray Beach, Florida ("City"), SEAGATE YACHT CLUB, LLC, a Florida limited liability company ("Current Owner"), and SEAGATE YACHT CLUB OWNERS' ASSOCIATION, INC., a Florida corporation not-for-profit ("HOA"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and WHEREAS, in order to comply with the City's landscape Ordinance the Current Owner shall be allowed to install landscaping material in the right-of-way of MacFarlane Drive adjacent to the "Property" (as hereinafter defined) pursuant to the terms of this Agreement; and WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of MacFarlane Drive; and WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and WHEREAS, this Agreement is not effective unless the Current Owner has submitted a landscape plan and it has been approved by the City; and WHEREAS, the parties hereto mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party; and WHEREAS, the Current Owner is the owner of the real property described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and 1 182392020 correct and hereby incorporate them in this Agreement. 2. The Current Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "B", shall have an approved landscape plan, Exhibit "C", attached hereto and incorporated herein by reference. 3. The Current Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Current Owner's approved landscaping plan. Current Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The HOA hereby agrees to maintain all of the plantings and landscaping improvements in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The HOA shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping theirs as free as practicable from disease and harmful insects; to properly mulch the plant beds, to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the HOA, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the HOA. Thereafter, the HOA shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the HOA for expenses incurred. (b) Terminate this Agreement and require the HOA to comply with the City's current Ordinance on landscaping. (c) Cite the Current Owner or HOA as applicable for failure to comply with the City's Ordinances. 2 18239202v3 6. At all times hereto, the HOA shall own and maintain all landscaping installed in the right-of-way by the Current Owner or the HOA. 7. If for any reason the City decides that it needs the right-of-way of MacFarlane Drive or for any other public purpose this Agreement shall terminate, and the HOA shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. The HOA shall remove all landscaping from the right-of-way within twenty (20) days of such notification, if so requested by the City. 8. Current Owner shall indemnify, hold harmless and defend the City, its officers, agents, servants and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses caused or alleged to be caused by any intentional or negligent act of, or omission of, Current Owner, its employees, agents, servants, or officers, or accruing, resulting from., or related to its obligations pursuant to this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. HOA shall indemnify, hold harmless and defend the City, its officers, agents, servants and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses caused or alleged to be caused by any intentional or negligent act of, or omission of, HOA, its employees, agents, servants, or officers, or accruing, resulting froze, or related to its obligations pursuant to this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Current Owner or the HOA, as applicable, shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Current Owner or the HOA, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the parties hereto, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the title to the Property. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, 3 182392020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2014. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Print Name: Title: Mayor Approved as to legal form and sufficiency: City Attorney 4 182392020 WITNESSES: SEAGATE YACHT CLUB, LLC Ip ' Namc. v_4 omas D. Laudani, Manager P t N «dxr,4 STATE OF FLORIDA ) COUNTY OF PALM BEACH) ss The foregoing instrument was acknowledged before me this day of 2014 by Thomas D. Laudani, as Manager of Seagate Yacht Club, LLC, a Florida limited liability company on behalf of the company. He is personally known to me or has produced as identification. My Commission Expires: Print Name: WITNESSES: SEAGATE YACHT CLUB OWNERS' ASSOCIATION, INC. rint ame. )es , homas D. Laudani, President r Tint me. STATE OF FLORIDA ) COUNTY OF PALM BEACH) ss The foregoing instrument was acknowledged before me this day of , 2014 by Thomas D. Laudani, as President of Seagate Yacht Club Owners' Association, Inc., a Florida corporation not-for-profit, on behalf of the company. He is personally known to me or has produced as identification. My Commission Expires: Print Name: 5 182392020 EXH1491T "A„ DESCRIPTION- THAT PORI7ON OF LOTS 1 TWOWH V, INCLUSIVE; SEAGATE YACHT CLt1B, ACCORDING TO TI-E PLAT THEREOF AS RECORDED IN PLAT BOOK 118, PAGES 75 AND 76, PUBLIC RECORDS OF PALM BEACH COWTY, FLORIDA, DESCRIX0 AS FOLLOWS• BEGWAIG AT THE"SOUTHWEST CORDER OF SAID LOT 1 THENCE Al 7"2070't, ALONG P-E WEST LAEE OF SAID LOTS 1 TI''OUGH 10, INCLUSIVE,, A DISTANCE OF 31331 FEET TO THE WTTHWEST CORNER OF SAID LOT 10; THE710E" S89° 39'500, ALO G TW NORTH LINE OF SAID L 0 T 10, A DISTANCE OF 4,73 FEET, TIENCE—'�603359"W, A DISTANCE OF 31217 FEET TO A POINT ON THE SOUTH LIFE OF SAID LOT 1,- THZ"NCE S "5r 5"W., ALONG Tf E SOUTH LIAF OF SAID LOT 9 A DISTANCE OF 900 FEET TO THE POINT OF BEGINNING FORMERLY DESCRIBED AS, THAT PORTION OF L 0 T I YACHT CL LE AT DELRAY BEACN ACCORDING TO THE PLA T ThEREOF AS RECORDED IN PLA T BOOK 11Q PAGES 151 AAV 152 F L6LIC RECORDS Ofi PALM BEACH COLVTY, FLOR10A, DESCRIBED AS FOLLOWS BEGINNING AT TI-E 50U7'FEAST CORNER OF SAID LOT 1,- THENCE N6033'59r, ALONG THE EAST LIFE OF SAID LOT d A DISTAL OF 3217 FEET THENCE 11189°.39'50"W, A DISTANCE OF 4.73 FEET, TI-ENCE S 7°20'10'V/, A DISTANCE OF 313.31 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 4 THENCE N.89051'35E, ALONG rhE SOUTH UIE OF SAID LOT 1, A DISTANCE OF 9.00 FEET TO TI-E POW OF BEGINNING M4RFVA TO YACh7 a(,& F.-M4RWA TO YA�RTGtU&SHEEP f-07!3712074--I"ZAA4-- SONO 1:4610,0000 Exhibit B LEGAL DESCRIPTION OF LANDSCAPE MAINTENANCE AGREEMENT AREA FOR SEAGATE YACHT CLUB: THAT PORTION OF THE GREEN SPACE AREA WITHIN THE ROAD RIGHT OF WAY FOR MACFARLANE DRIVE BOUNDED AS FOLLOWS:ON THE EAST BY THE WEST EDGE OF PAVING FOR MACFARLANE DRIVE AS NOW LAID OUT AND IN USE, ON THE WEST BY THE EASTERLY BOUNDARY LINE OF THE PLATOF SEAGATE YACHT CLUB,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 118, PAGE 75, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ON THE NORTH BY THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID PLAT OF SEAGATE YACHT CLUB,AND ON THE SOUTH BY THE EASTERLY PROJECTION OF THE SOUTH LINE OF SAID PLAT OF SEAGATE YACHT CLUB. } 1 i \w♦ ` `\ \ \\ �\ EMN Vii- \■ \ \\ \\\_\\= ■ N \. \ \•. \t \\\\\\\�' Q J S \\o\� • • N i \MN ,\\\ Q: •` ♦ ,\\\ �\\\\�w\�� i\ter `r� � ` r \\` \ �j to i ♦ww!\\\, MIN i MEN pi nm \\ ••• M :.\\\;, •.__h: ■ it NiR ,\ \ IN z r RN �\\ \ \`�\\\\4\i\\\\\ r MEMORANDUM r A.. TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: September 18,2014 SUBJECT: AGENDA ITEM 8.L.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 LANDSCAPE MAINTENANCE AGREEMENT/MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER,LLC./UPTOWN DELRAY BACKGROUND Uptown Delray is located between SE 4th Avenue and SE 5th Avenue, on the north side of SE 2nd Street. The site plans and corresponding landscape plans are pending approval. These plans include landscaping in the right-of-way of SE 2nd Street, SE 4th Avenue and SE 5th Avenue. The proposed landscaping will consist of Royal Palms, Sylvester Palms, Montgomery Palms, Cassia trees and associated understory plantings. All proposed plantings will be located in either on-street curbed landscape islands or sidewalk cutouts. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. FINANCIAL DEPARTMENT REVIEW The Finance Department's approval is not required. DISCUSSION The item before the City Commission is to approve the Landscape Maintenance Agreement between the property owner and the City for landscape installation within the right-of-way of SE 2nd Street, SE 4th Avenue and SE 5th Avenue. OPERATING COST There are no operating costs. TIMING OF THE REQUEST There is no time-sensitivity to this request. FUNDING SOURCE No funding source required. RECOMMENDATION Staff recommends the City Commission approve the owner's request to install the proposed plants in the City right-of-way by executing the Landscape Maintenance Agreement. Prepared by:RETURN: Noel Pfeffer,Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach,FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of , 2014 by and between the City of Delray Beach, Florida ("City") and MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC, a Delaware limited liability company("Owner"). WITNESSETH. WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of SE 4lh Avenue, SE 2"d Street and SE 5"Avenue pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of SE 4th Avenue SE 2"d Street and SE 5th Avenue; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects;to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter,the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of SE 4th Avenue, SE 2nd Street and SE 5h' Avenue or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20 days of such notification, if so requested by the City. 8. Owner shall at all times hereafter indemnify, hold harmless and defend the City its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, Owner, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Owner shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 3 9. This Agreement shall constitute the entire Agreement of the parities with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2014. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to legal form and s 4. iency: City Att6rney MONOG RESIDENTIAL DELRAY H PROM OW ER,LLC, WITNESSES: a Delaware 144 d liability company r' By: ®" McGinley III (Name printed or typed) Sen' r vice President (Name Priled and Title) (Name printed or typed) [NOTARY ON THE FOLLOWING PAGE] 4 STATE OF COUNTY Of ! The foregoing instrument was acknowledged before me this day of u5 .. 2014, bye c�, . �r , as I V- _ of MONOGRAM RESIDENTIAL DELRAY I PROJECT OWNER, LLC, a Delaware limited liability company, on behalf of the company. He is personally-known to me or has produced (type of identification) identification. R SHANNON L. RICHIE Notary Public, State of Texas lgnattue of Person T ing Acknowledgment 'qe My Commission Expires 00ober 20, 2015 Name Typed, Printed or Stamped 5 EXHIBIT «A99 LOTS 4 THROUGH 10, AND 17 THROUGH 20, BLOCK 102, "MAP OF THE TOWN OF LINTON, FLORIDA (NOW DELRAY BEACH)", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 10.00 FEET OF SAID LOTS 17 THROUGH 20. TOGETHER WITH: THAT PORTION OF THE 16.00 FOOT WIDE ALLEY RIGHT-OF-WAY ADJACENT TO LOTS 7 THROUGH 10 AND LOTS 17 THROUGH 20 IN BLOCK 102, SHOWN ON "MAP OF THE TOWN OF LINTON, FLORIDA (NOW DELRAY.BEACH)", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 17. BOUNDED ON THE EAST BY THE WEST LINE OF SAID LOTS 17 THROUGH 20, BOUNDED ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20. BOUNDED ON THE WEST BY THE EAST LINE OF SAID LOTS 7 THROUGH 10. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 2.121 ACRES, MORE OR LESS. EXHIBIT i , c -----S.E.2ND STREET .n e — e G n II r, III ----------- k •A - m _ 1 ? pe y. I °3 g � l it 1 s s4„ I ,I ji Al i i I II I � r IT ! 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Nt1GH JgNNSON Amenity Level Landscape Plan - UPTOWN DELRAY �na, New Century Companies `� """•""e'""°SBe1NO 3€ _ DOW De:96,Fiorlda ARCHITEZ7 RALALLIANCE € � w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: September 10, 2014 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 HOUSING REHABILITATION/GRANT AWARD FOR 1034 S.W.7TH AVENUE BACKGROUND Grant awards under the SHIP program are based on the actual cost of the rehabilitation ($30,495.00), as determined by the low responsive bidder(s), plus a 5% contingency ($1,524.75). Total rehab cost also includes the required lead inspection ($425.00), lead abatement, lead clearance, termite inspection, termite treatment ($910.44), and recording fees ($19.10) for a total rehabilitation cost of$33,374.29. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the SHIP Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. This item was bid according to Code of Ordinances, Chapter 36, Section 36.02, "Methods of Acquisition" (A), (1) "Sealed Competitive Method." FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before Commission is approval of a Housing Rehabilitation grant award to Abisset Corporation, the lowest responsive bidder, in the amount of$33,374.29 under Bid#08-2014NS. OPERATING COST There are no operating costs associated with this request. TIMING OF THE REQUEST There is no time-sensitivity to this request. FUNDING SOURCE Funding is available from State Housing Initiatives Partnership Program 118-1924-554-49.19 (Neighborhood Services Other Current Charges: Housing Rehabilitation). RECOMMENDATION Motion to approve the Housing Rehabilitation bid award to Abisset Corporation as the lowest responsive bidder in the amount of$33,374.29. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE#: BID#08-2014NS APPLICANT: Rosetta Sands PROJECT ADDRESS: 1034 SW 7th Avenue DATE OF BID LETTERS: August 5,2014 DATE OF BID OPENING: September 4,2014 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation $ 30,495.00 $ 1,525.00 All Phase Roofing $ - No Bid AMR Properties Group $ Built Solid Construction, LLC $ - Citywide Construction Services, Inc. $ 36,293.00 $ 1,814.65 CJ Contracting, LLC $ - Cordoba Construction Co. $ 34,925.00 $ 1,746.25 CSB Construction, Inc. $ - JIJ Construction Corp. $ 37,920.00 $ 2,000.00 Ray Graeve&Sons Construction, Inc. $ - South Florida Construction Services, Inc. $ SRJ Construction Corp. $ In-House Estimate: $ 31,760.00 RECOMMENDED CONTRACTOR: Abisset Corporation BID/CONTRACT AMOUNT: $ 30,495.00 5%Contingency $ 1,524.75 $ 32,019.75 Lead Inspection 425.00 Lead Clearance N/A Termite Inspection N/A Termite Treatment 910.44 Recording Fees 19.10 GRANT CONTRACT AMOUNT 33,374.29 FUNDING SOURCE: State Housing Initiatives Partnership(SHIP) Account# 118-1924-554-49.19 COMMENTS: Staff recommends awarding project to the lowest responsive bidder 4V/,% 1 CCD 0 V� O O w 0 0 0 0 0 0 0 0 LO 0 LO LO 0 0 N 00 � — 00 � � � O W O O N CO O O W LO O) (�/ - CO - O - N M N N M O O�✓ISU o 00000000000000000 O �q�p✓ O� 0000C)C) LO0000000000 Cori O� 00000001- 0L00 � 0000000 N q O CO O O LO O — N mt N O mt mt O) O(// M CO I� N N N M 19044/ �ja`1S o000000000000000o O ap O (D LO oo rn rn rn ° CN9 O 00 - ° rn `NC' (D `On � 00 CO c:f Ch Co M a4�00C� 60;� � � � � � � � � � � � � � � � � � SE' o � m E O +� z ✓oo (n /aSS O� 00000000000000000 0 /qb, 00000000000000000 0 C) C) C) Sri Sri C) C) C) C) C) C) C) C) Sri C) C) C) Sri O O O N I� O O LO N LO 0 0 LO I� 0 0 LO O) O) 00 N CO O O N r- - LO O O N M O CO L L O N O co 3 3 3 3 3 3 3 3 V3 V3 V3 V3 V3 V3 V3 V3 V3 613 O LO 0 0 0 0 LO 0 0 0 0 0 0 0 0 0 0 O a O N LO O O O N O O O O O O O O O O O 0 0 — CO 0 0 0 0 0 0 LO 0 0 LO O O O O LO LO m LO LO LO LO O LO O N Ot - CO ON N CO � CO O CO � N CO O CO LO -:4- CO -:4- Cn > o co z Q N H (V C6 I— N N pp 3: L O Cn E N Q 0 O CO W 0 L L L U (6 N Cn Q W (6 Cn N C O N 0 to (0 O L L O L O O �_ D L N N - 0 N W Z W Cn ccu p �_ �� �_ N _ O Q.� >, Q O .O 0 O co O N (0 W o L L -0 m Co 0 o L D (6 N O U o cn L L (� O 0 .L Q z co w z p 0 c L � L Q D O vi w z � a� xQZ3 caca � � o � 0 0 (D °o u' = z O N Q_ c > > W L z o Q o � QMMEEMENQ o o 0 0 rnrnornrn � a� �na� �n �nc� (D (D0 (D m o a m m N CO � U-) CO I�ICO IM O — N M CO I� � � � w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Issac Kovner, P.E., City Engineer Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: August 15, 2014 SUBJECT: AGENDA ITEM 8.N.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/CRA/CONSTRUCTION PROFESSIONAL SERVICES BACKGROUND The City of Delray Beach (City) and Community Redevelopment Agency (CRA) annually enter into an Interlocal Agreement (ILA) for design and construction of infrastructure projects which are administered by the City and funded in whole or part by the CRA. At its meeting of September 26, 2013, the CRA Board approved the annual ILA between the City and the CRA for funding of projects for Fiscal Year 2013/2014. The ILA was subsequently approved and executed by the City on October 1, 2013. The ILA for FY 2013-2014, (attached), was approved by the CRA Board on September 26, 2013 and by City Commission on October 1, 2013. Exhibit "A" of the Agreement lists the projects included in the City's Capital Improvement Program (CIP) that are to receive CRA funding, and the corresponding amount. On June 12, 2014, the CRA Board approved Amendment No. 1 to the ILA to include additional funding to complete the tree grate replacement along Atlantic Avenue ($15,222), and to reduce or eliminate funding for several projects as award of the associated construction contracts will not occur until next fiscal year. At the CRA Board's August 28th meeting, the board approved a revised Amendment No. 1 to the ILA for FY 13-14 to delete Item T: City Project Number 2014-018 (Cannery Row Park), from the list of projects in Exhibit "A" that the City will coordinate/manage; and a new ILA with the City authorizing the CRA to fund and manage the construction of the improvements to be installed on the property to create the Pineapple Grove North Entrance Feature. Subsequent to the CRA Board meeting, the City indicated that completion of the tree grate replacement has been moved to FY 14-15, and the CRA was billed $1,050.00 for survey services related to Cannery Row Park. The Tree Grate project has been included in the City's FY 14-15 Capital Improvement Program as well as the CRA's FY 14-15 Budget/Work Plan; therefore, Amendment No. 1 to the ILA for FY 14-15 has been further modified to remove the Tree Grate project and to only reduce the funding for Cannery Row Park to $1,050.00. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Requesting approval/authorization for the Mayor to execute Amendment No. 1 to the 2013-2014 Interlocal Agreement between the City of Delray Beach and Delray Beach Community Redevelopment Agency for Funding Construction/Professional Services for prior FY 13-14. TIMING OF THE REQUEST The FY 2013-2014 budget has expired; therefore, timing of this request is of high importance to appropriately close out the fiscal year. RECOMMENDATION By motion,recommend approval of Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency for Funding Construction/Professional Services for FY 2013/2014. FIRST AMENDMENT TO THE INTERLOGAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES FY 2013-2014 THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTIONIPROFESSIONAL SERVICES ("FIRST AMENDMENT") is made this day of , 2014, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY'), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 103, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH : WHEREAS, the CITY and the GRA entered into an Interlocal Agreement for the Funding of Construction/Professional Services for FY 2013-2014, on October 1, 2013 (the "Original Agreement"), which provided for funding for construction and professional services for projects within the Community Redevelopment Area; and WHEREAS, the CRA and the CITY agree. to amend Exhibit "A" to the Original Agreement, to reflect the reduction of the amount of funding or elimination of funding provided by the CRA in FY 2013-14 for the projects listed in Exhibit "A" to the Original Agreement, in conjunction with the CRA's Budget Amendment No. 1 for FY 2013-14, with the understanding that funding for the construction of the projects will be provided in FY 2014.15, subject to the availability of funds, and annual budgeting and appropriation by the CRA (the "First Amendment"). NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby.agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend Exhibit "A" to the Original Agreement, to reflect the reduction of the amount of funding or elimination of funding provided by the CRA in FY 2013-14 for the projects listed in Exhibit "A" to the Original Agreement, in conjunction with (00033090.1 655-0600180} the CRA's Budget Amendment No. 1 for FY 2013-14, with the understanding that funding for the construction of the projects will be provided in FY 2014-15, subject to the availability of funds, and annual budgeting and appropriation by the CRA.. 3. The CITY and the CRA agree that Exhibit "A" to the Original Agreement is hereby amended as provided in Exhibit °A" to this First Amendment, which is attached hereto and incorporated herein by reference. 4. All other terms and conditions of the Original Agreement not in conflict with this Amendment Number One shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney AT E:ST: DEL Y BEACH COMMUNITY REQEVIELOPMENT ENCY A V, By- Di ne Colonna, Executive Director Herman Stevens, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The f r going instrumeptwas acknowledged before me this day of 2014, by . - as ( �- - name of fficer or agent title of officer gent) ofc•._ (name of corporation acknowledging), a - (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me _or has produced (type of identification) as identification. �a'`*nY"PJ°rp Susan B. Shay.> PIMS SCo�mM0n#€FF07(�88 Notary Public—State of Florida {00033090.1 655-0600180�6�Op ,��,�WWWAARONNOTARYmM 2 EXHIBIT " p® " F scat, r 2fl13 2.0..14 Projects City. ; Project Name Am=ount'of Pro ecfi;' # CRA Fundiin AL 2010-041 NW 12"Ave --Atlantic to MLK $ 6100,000.00 B 2014-002 Block 8 Alley (South of W Atlantic Ave - SW 10th111 th Aves) $ 180-,-680-90 16,100.00 C 2014-023 SW 10th19th Ave Improvements $ 4� 9 08 34,550.00 PL 2O04-086 2 F 9 -0,000.00 Dt 2014-007 E Atlantic Ave Median (Stud ) $ 30,000.00 E 2014-008 Parking Study Implementation (E. Atlantic Ave Crosswalk Upgrades) $ 50,000.00 F Parking Study Implementation Projects $ 100,000.00 2&4-N-7 f,bs -, 27 GO nn G 2011-024 NE 3rd St/Ave Streetscape &Alley Improvements $ 4-55,�'�aap:09 165,000.00 HJ 2012-051 Swinton & Atlantic Intersection $ 150,000.00 l 2012-042 NE 15t Avenue Streetscape Improvements - NE 15tSt/NE 2nd St $ 520,000.00 J 2013-001 Block 117 Parking Garage Design/SE 6th Ave $ 750,000.00 KO 2011-009 Block 32 Alley $ 180,000.00 LN 2014-052 Merritt Park Renovations $ 4-50,000.08 M 2013-015 Osceola Park Alleys P�hase 2 $ 175,000.00 +E !N �4 2014-006 Sidewalks -- CRA District $ 50,000.00 O 2014-024 SW 2"d Terrace Reconstruction $ 7-7-8998 12,514.00 T 2014-018 Cannery Row Park $ 1"54J99"09 112 (00033090.1 655-0600180} 1 J EXH I BIT "A" Fiscal Year 20132014 Projects Original Revised City Amount of Justification Project# Project Name Amount of CRA CRA Funding Funding Design only, A 2010041 NW 12th Ave—Atlantic to MLK $ 600,000.00 $ 100,000.00 construction in FY 15 Block 8 Alley(South of W Atlantic Ave SW Design only, B 2014002 10th/11th Aves) $ 100,000.00 $ 16,100.00 construction in FY 15 Design only, C 2014023 SW 10th/9th Ave Improvements $ 183,000.00 $ 34,550.00 construction in FY 15 E 2014007 E Atlantic Ave Median (Study) $ 30,000.00 $ 30,000.00 F 2014008 Parking Study Implementation (E. Atlantic Ave $ 50,000.00 $ 50,000.00 Crosswalk Upgrades) G Parking Study Implementation Projects $ 100,000.00 $ 100,000.00 NE 3rd St/Ave Streetscape &Alley Design only, 1 2011024 Improvements $ 455,000.00 $ 165,000.00 construction in FY 15 J 2012051 Swinton &Atlantic Intersection $ 150,000.00 $ 150,000.00 NE 1st Avenue Streetscape Improvements—NE No additional K 2012042 1stSt/NE 2nd St $ 520,000.00 $ 520,000.00 cost anticipated L 2013001 Block 117 Parking Garage Design/SE 6th Ave $ 750,000.00 $ 750,000.00 M 2011009 Block 32 Alley $ 100,000.00 $ 100,000.00 Design only, N 2014052 Merritt Park Renovations $ 150,000.00 $ 50,000.00 construction in FY 15 01 2013015 Osceola Park Alleys Phase 2 $ 175,000.00 $ 175,000.00 Q 2014006 Sidewalks—CRA District $ 50,000.00 $ 50,000.00 Design only, S 2014024 SW 2nd Terrace Reconstruction $ 77,000.00 $ 12,514.00 construction in FY 15 T 2014018 Cannery Row Park $ 150,000.00 $1,050.00 By CRA/ in construction Amendment 1/City Commission 9/16/2014 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTIONfPROFESSIONAL SERVICES THIS AGREEMENT is made this day of 6D�013, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH : j 1 WHEREAS, the CITY will be performing various construction projects located in I i the CRA district and as shown on Exhibit"A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on I Exhibit"A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as foilows, 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit"A", Such payment shall be made to the CITY upon the bid I award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project_ construction including, but not limited to, advertising, testing, inspection, and utility relocation costs. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The i CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress 2 of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the GRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. i 8. No prior or present agreements or representations with regard to any I subject matter contained within this Agreement shall be binding on any party unless i included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 3 i 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTET-'� - �' rf. ��r CITY OF DEL BEACH, FLORIDA By: qty C, Kk r _ ry lickstein, Mayor r Y Approved as-to Form: _ ? (0. s i�'C ty Atto�ropy {� AT ST:f DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY � By- � Diane Colonna, Executive Director Howard Lewis, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before this day of , 21313, by jfl—i) , as � t2 Fl7.I e of officer or agent, title of officer or agent), of MT, f (name of corporation acknowledging), a ( ate or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. " • Scan B. Shaw Notary Public-- State of Florida Expires:Nov.13,2417 +. OFM1 a` t rrenw+ yYwyp,�R4p130TARY.wm 4 'I� { EXHIBIT "A" 'r `a uci ppa e ra r., -- tj -,, n i h n �i.+, '�w' s"F fc3>3 jai . ' rw 9,}✓' 1 i I'i t ii$Cal-Yearf2Dft3, 0T4 Pro�ec#S 71 tixaaesk dfv �-'i ,-i, f ,a33r1 t ryfirve rdn 1 i •r Wr' Lf,,,n c x !r Cats � _ r s ✓ � � �. ��-a,?h� n n, Pi'O�eC't�I�117� �4 r ~r `yifrn ✓u-P � i7L�t�'�1� �Jf A�i`-u ��;'�h�+i&�! w, .:- .<iPk'O£Ct '.'�._' iv`.... _..F�ur+~ a; r '., „x,.T,r ,i. .r•.. .,,.- ,.;..:-.... .i _ x r ,.+�ur< ��.����_,.�� f 2010-041 NW 12"Ave V—Atlantic to MLK $ 600,000.00 B 2014-002 Block 8 Alley South of W Atlantic Ave- SW 10t�'f11th Aves $ 100,000.00 E C 2014-023 SW 1011'I91h Ave Improvements $ 183,000.00 D 2004-006 SE& NE 1st St-One-Way Pair (Conversion) $ 250,000.00 E 2014-007 E Atlantic Ave Median Stud $ 30,000.00 Ir F 2014-008 Parking Study Implementation E, Atlantic Ave Crosswalk Upgrades) $ 50,000.00 k G Parking Study Implementation Projects $ 100,000.00 H 2011-017 Fire Headquarters Public Plaza $ 275,000.00 I 2011-024 NE 3` St/Ave Streetsca e &Alley Improvements $ 455,000.00 !J 2012-051 Swinton &Atlantic Intersection $ 150,000.00 X 2012-042 NE 1st Avenue Streetscape Improvements--NE 1stSt/NE 2" St $ 520,000.00 L 2013-001 Block 117 Parkin g Garage Design/SE 61h Ave $ 750,000.00 .M 20.11--009 Block 32 Ale $ 1001000.00 `N 2014-052 Merritt Park Renovations $ 150,004.00 r O 2013.015 Osceola Park Alleys Phase 2 $ 175,000.00 jP 2013-020 SE 2"" St Swinton--SF 3` Ave), SE 2"d Ave &Alleys Blk 87 $ 600,000.00 0 2014-006 Sidewalks—CRA District $ 50,000.00 R 2009-006 Blocks 19 &20 Alley Improvements $ 40,000.00 S 2014024 SW 2np Terrace Reconstruction $ 77,000.00 T 2014-018 ICannery Row Park $ 150,000.00 ICE E i k I 5 i N i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Isaac Kovner, City Engineer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: September 18, 2014 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 CRAXITY INTERLOCAL AGREEMENT FOR CONSTRUCTION OF PINEAPPLE GROVE NORTH ENTRANCE FEATURE BACKGROUND The CRA has been coordinating with the City and Pineapple Grove Main Street on the design of the Pineapple Grove North Entrance Feature to be located at the southwest corner of Pineapple Grove Way and NE 4th Street on a City-owned parcel (392 NE 2nd Avenue). The CRA is funding the construction of the associated improvements consisting of a paver brick plaza and walkway, signage/wall, and pineapple sculpture. Due to the limited scope of the project and with the CRA's experience on similar projects, CRA staff offered to manage the project. The construction drawings and bid documents are being finalized in anticipation of issuing the Request for Bids in September 2014. A new Interlocal Agreement is attached which specifically addresses the City authorizing the CRA to fund and manage the construction of the improvements to be installed on the property to create the Pineapple Grove North Entrance Feature. Funding for the improvements is included in the CRA's Budget for FY 2014-15. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Requesting approval/authorization for Mayor to execute the Interlocal Agreement between the City of Delray Beach and Delray Beach Community Redevelopment Agency to Fund and Manage the Construction of Pineapple Grove North Entrance Feature. OPERATING COST N/A TIMING OF THE REQUEST The project is ready to bid, therefore, timing is critical. FUNDING SOURCE N/A RECOMMENDATION By motion, staff recommends approval of the Interlocal Agreement between the City of Delray Beach and the CRA to Fund and Manage the Construction of Pineapple Grove Entrance Feature. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE CONSTRUCTION OF THE PINEAPPLE GROVE NORTH ENTRANCE FEATURE THIS AGREEMENT is made this day of 2014 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "City"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH : WHEREAS, the City currently owns real property legally described as follows_ Tract G, Cannery Row, according to the plat thereof as recorded in Plat Book 109, Page 133, of the Public Records of Palm Beach County, Florida. (the "Property"), which is located within the Community Redevelopment Area; and WHEREAS, the Property is currently vacant, but is platted to be used as a public park, to be known as the "Pineapple Grove North Entrance Feature"; and WHEREAS, as the property is currently vacant and blighted, the City desires to have the CRA fund and manage the construction of the improvements to be installed on the Property to create the Pineapple Grove North Entrance Feature, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference (the "Improvements"); and WHEREAS, the Pineapple Grove North Entrance Feature will be used by the public, and will serve to benefit the health, safety and welfare of the City's residents and visitors; and (00071729.2 655-06001 RO} WHEREAS, the Improvements to be installed on the Property further the goals and objectives of the CRA's Community Redevelopment Plan, and are consistent with the CRA's Community Redevelopment Plan; and WHEREAS, the construction of the Improvements on the Property serve a municipal and public purpose; and WHEREAS, consistent with its Community Redevelopment Plan, the CRA desires to enter into this Agreement with the City in order to have access to the Property in order to construct the Improvements; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall prepare the design for the construction of the Improvements on the Property for the construction of the Pineapple Grove North Entrance Feature, as referenced in the Pineapple Grove Neighborhood Plan and as more fully described in Exhibit "A", which is attached hereto and incorporated herein by reference. Following the delivery of the design documents to the City, the City shall have fourteen (14) days to provide the City's consent and/or comments to the CRA with respect to the design of the Improvements. After the fourteen (14) day comment period, whether or not the City provides its consent or comments, the CRA shall be authorized to proceed with the preparation of documents necessary for the procurement of services from a contractor for the construction of the Improvements on the Property. 3. The CRA shall be responsible for issuing all documents, as required by Florida law, associated with any request for proposals or competitive bids [000]3129.2 fi55-0500180! 2 associated with the construction of the Improvements on the Property. 4_ The cost for the design and construction of the Improvements shall be paid for by the CRA. The CRA agrees to fund an amount not to exceed One Hundred Forty-Five Thousand and 00/100 Dollars ($145,000.00) to cover the cost for the design and construction of the Improvements on the Property. In the event the costs for the design and construction of the Improvements exceed One Hundred Forty-Five Thousand and 001100 Dollars ($145,000.00) (the "Additional Costs"), the City and CRA agree to negotiate, in good faith, the obligation to pay the Additional Costs, and execute an amendment to this Agreement confirming the cost sharing arrangement for the Additional Costs. 5. The City hereby grants and conveys to the CRA a temporary access easement over the Property for the construction of the Improvements on the Property. City acknowledges that this right of access includes any and all temporary access to the Property during actual construction and installation of the Improvements by the CRA. 6. The City further agrees to sign any applications and documents for any permits which the CRA may be required to submit to any local, state, or federal agency in association with the construction of the Improvements. CRA agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the improvements. 7. The CRA shall require any contractor retained to construct the Improvements on the Property to comply with any bonding requirements under Florida law. The CRA shall insure that the City and the CRA are named as (CCG 124.2 555-060D160) 3 beneficiaries of any payment and performance bonds required to be provided by the contractor. 8. The CRA shall require any contractor to name the City as an additional insured on any liability policies required to be provided pursuant to any contract entered into between the CRA and a contractor for the construction of the Improvements on the Property. The CRA shall provide the City with a copy of any certificates of insurance provided by any contractor constructing the Improvements an the Property. 9. The term of this Agreement shall commence upon execution by both parties, and shall terminate upon the issuance of the certificate of completion confirming the installation of the Improvements on the Property consistent with the design approved by the City and the CRA. The GRA shall insure that any warranties for any of the Improvements are assigned to the City following the completion of the construction of the Improvements. If necessary, the CRA shall provide the City with a bill of sale to convey the Improvements constructed on the Property from the CRA to the City. 10. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 11. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 1 (OW731292 G55-0fi00l8D 4 i i 12. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have ne force and effect upon the validity of any other part of portion hereof. I 13. This Agreement shall be governed by and in accordance with the i Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 14. Neither the City nor the CRA shall assign or transfer any rights or interest in this Agreement. 15. This Agreement shall not be valid until signed by the Mayor and the City Clerk. 3 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Gliekstein, Mayor Approved as to Form: Date: City Attorney 100033129.2 655-ZGDOI SD 5 r. DELIY LEACH C{�l1�lMUNI ATTEST: REDEVELOPMENT AGENCY - I B ; .R Qkane Calcnna;Secretary Heyman S IWe chair STATE OF l=LOPUDA r COUNTY OF PALM BEACH Ti fob , Ding lnsfrment was acnovuledged before me DES day pf " 2014, by H-ertnan Stevens;, as Chair, of the Deiray Beach COmm.u* RedevdOpmeM Agonc-y mqp beh'lf cf the Delray Beach laommu'rfity Redevelopment Agency. He/ShO erscnally lfr,n ,rn to rrr car has rtid��ed ( 'e cf idenlificaticrt ai?ntficafQn. r� v , Susan J$, Shaw - - Notary PubE G .Stato of Flar da � ��g:����;Gov�3a2Q17 1<41,,�;`aa' `RWWAAROHNOTARYtem i f i'. • �,� -ate NE 5th St ' A +�►:: r _ NE 4th St SITE LOCATION N Cannery Row Cir f L L w W Madison Ln W �' ~ r 1 d Q Cannery Row Cir Z + , PINEAPPLE GROVE NORTH FEATURE LOCATION MAP w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Terry Stewart, Interim City Manager DATE: September 18, 2014 SUBJECT: AGENDA ITEM 8.P.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 APPROVAL OF THREE CRIMINAL JUSTICE USER AGREEMENTS WITH FDLE BACKGROUND This is a Criminal Justice User Agreement between the Florida Department of Law Enforcement (FDLE) and the Delray Beach Police Department. The Florida Department of Law Enforcement (FDLE) provides Criminal Justice Information Services (CJIS) systems to the criminal justice agencies in Florida. FDLE has entered into an agreement with the Federal Bureau of Investigations (FBI) regarding the access and use of the National Crime Information Center (NCIC) System. In turn, FDLE enters into an agreement with each Florida agency connected to the Florida Criminal Justice Network (CJNet) and the Florida Crime Information Center (FCIC) message switch. The agreement enables the Police Department to have access to and connects the Police Department with over 1,300 City, County, and Federal law enforcement agencies. Data sharing enables the Police Department to perform essential law enforcement duties on a daily basis. The Agreement will remain in force until it is determined by FDLE that a new Agreement is required. In addition, there are two supplemental agreements attached hereto stemming from the CJIS Master Agreement just described. The first is the Law Enforcement National Data Exchange (N-DEX) Supplement which is an investigative tool utilized by the Police Department to search, link, analyze and share criminal justice information captured on incident/case reports submitted by law enforcement agencies throughout the Nation. This resource enhances public safety. By enhancing law enforcement's ability to share, search and access information and records, NDEX helps protect the public; create connections and relationships between people, locations, and crimes; finds suspects and identifies victims; and brings separated investigations on connected cases together. The second supplemental agreement is the License Plate Reader Supplement that provides the Delray Beach Police Department with access to files extracted from the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC) hot files and the Florida Department of Highway Safety and Motor Vehicles (DHSMV) records including, but not limited to, the expired tag file, expired license file and the sanctioned driver file. The Police Department is requesting the Commission to authorize the Chief of Police to enter into these supplemental agreements since they implement the terms of the Master CJIS Agreement attached hereto. DISCUSSION The item before the City Commission is to approve the Criminal Justice User Agreement and two (2) supplemental agreements for the Police Department. OPERATING COST There is no financial cost to the City. FUNDING SOURCE Not applicable. RECOMMENDATION The Police Department recommends City Commission approval of the Criminal Justice User Agreements. FDLE Criminal Justice User Agreement CRIMINAL JUSTICE USER AGREEMENT This Agreement, is entered into between the Florida Department of Law Enforcement (hereinafter referred to as FDLE), an agency of the State of Florida with headquarters at 2331 Phillips Road, Tallahassee, Florida and the DELRAY BEACH POLICE DEPARTMENT with headquarters at 300 West Atlantic Avenue, Delray BEach, FL 33444 with the primary ORI of.FL0500400 , (hereinafter referred to as the User). Whereas, FDLE is authorized by law to operate and regulate the Florida Criminal Justice Network (hereinafter CJNet) as an intra-agency information and data-sharing network for use by the state's criminal justice agencies; Whereas, FDLE is authorized by law to establish and operate the Florida Crime Information Center (hereinafter FCIC) for the exchange of information relating to crimes, criminals and criminal activity; Whereas, FDLE participates in the National Crime Information Center(hereinafter NCIC), a service of the United States Department of Justice, the Interstate Identification Index (hereinafter III), the Federal Bureau of Investigation's (hereinafter FBI) Law Enforcement Online (hereinafter LEO), the FBI's National Data Exchange (hereinafter NDEx) and the International Justice and Public Safety Network (hereinafter Nlets), and serves as Florida's Criminal Justice Information Services (CJIS) Systems Agency (CSA) for the interstate transmission of Criminal Justice Information (CJJ) to and from agencies in Florida and agencies in the continental United States, Alaska, Hawaii, U.S. Virgin Islands, Canada and Puerto Rico; Whereas, the FDLE Director of Criminal Justice Information Services is recognized by the FBI as the CJIS Systems Officer (CSO) for the State of Florida, responsible for administering and ensuring statewide compliance with the FBI CJIS Security Policy (CSP); Whereas, the User requires access to intrastate and interstate CJI systems provided by FDLE through the CJNet in order to effectively discharge its public duties; Whereas, FDLE facilitates local law enforcement and other criminal justice agencies' requests to participate in the information services provided on CJNet, provided the User agrees to abide by applicable federal and state laws; administrative code, and all policies, procedures and regulations related to these systems. FDLE retains full control over the management and operation of CJNet and FCIC. April 14,2014 Page 1 of 17 FDLE Criminal Justice User Agreement Therefore, in consideration of the mutual benefits to be derived from this Agreement, the FDLE and the User do hereby agree as follows: This User Agreement is designed for criminal justice agencies within Florida that have either direct or indirect access to FCIC/CJNet. if the User does not perform a specific function, the provisions regarding that function will not apply to the User. SECTION I FCIC/NCIC/CJNET FDLE REQUIREMENTS FDLE is duly authorized and agrees to ensure access to the criminal justice information services provided on CJNet and adhere to the following: Serve as the CSA for the State of Florida and provide the User with access to CJ as is available in the FCICINCIC and IiI systems and NLETS through CJNet, and to serve as the means of exchanging CJI between the User and other criminal justice agencies on CJNet. 2. Provide the opportunity for CJiS certification/re-certification and CJIS Security Awareness training. 3. Provide the User with information concerning privacy and security requirements imposed by state and federal policies, laws, rules and regulations. All references herein to policies, operating procedures, operating instructions, operating manuals and technical memoranda with which adherence is required may be found on the CJNet CJIS Resource Center web page. 4. Provide state criminal history record check services for non-criminal justice purposes as provided by law. 5. Act as the central state repository; provide identification, record keeping, and exchange of Criminal History Record Information (CHRI) services. 6. Facilitate access, using CJNet, to other information applications or systems that the User may be authorized to access. SECTION iI FCIC/NCIC/CJNET USER REQUIREMENTS By accepting access as set forth above, the User agrees to adhere to the following to ensure continuation of access: S. USE OF THE SYSTEM: Use of the CJNet and any system accessed via the CJNet is restricted to the administration of criminal justice or as otherwise specifically authorized or required by statute. Information obtained from the FCIC/NCIC files, or computer interfaces to other state or federal systems, by means of access granted through CJNet, can only be used for authorized purposes in compliance with FCIC/NCIC and IiI rules, regulations and operating procedures, and state and federal law. it is the responsibility of the User to ensure access to CJNet is for authorized purposes only, and to regulate proper use of the April 14,2014 Page 2 of 17 FDLE Criminal Justice User Agreement network and information at all times. The User shall establish appropriate written standards, which may be incorporated with existing codes of conduct, for disciplining violators of this and any incorporated policy. Accessing information and systems provided via CJNet for other than authorized purposes is deemed misuse. The User shall notify the CSO of any sustained/confirmed cases of misuse by using the CJS Systems Misuse Reporting Form found on the CJNet CJIS Resource Center web page. In cases of sustained/confirmed misuse, the User shall identify disciplinary actions and the corrective actions taken to prevent future incidents. FDLE reserves the right to deny CJI access to individuals who have sustained cases of misuse. 1.1 If the User provides an interface between FDLE and other criminal justice agencies, the serviced agency(ies) shall abide by all of the provisions of this agreement. Serviced agencies that access CJNet, FCIC/NCIC and/or related applications by interfacing through the User shall, likewise, abide by all provisions of this agreement. Additionally, the User and the serviced agency shall enter into an interagency agreement when access to CJNetIFCIC/NCIC is provided by the User to a serviced agency. 1.2 MESSAGES: Only law enforcement and other criminal justice messages shall be sent over and through the CJNet and FCIC/NCIC. All messages shall be treated as privileged unless otherwise indicated. The User should be prudent in use of regional and statewide broadcast message requests. All messages shall use plain English language in the message. 1.3 COMPLIANCE: The User shall access FCICINCIC and other CJNet applications in strict compliance with applicable CJNet, FCIC, NCIC, III and Nlets policies including, but not limited to, policies, practices and procedures relating to: 1.3.1 TIMELINESS: FCIC/NCIC records shall be entered, modified, located, cleared, and canceled promptly in order to ensure system accuracy and effectiveness. If the User performs FCIC/NCIC updates for other agencies, the User shall comply with timeliness requirements for the records entered for the serviced agencies as well. 1.3.2 HOT FILE ENTRIES: In orderto make entries into the FCIC/NCIC hot files, the User shall have personnel dedicated to maintain a 24- hour, seven-day a week FCICINCIC operation. 1.3.2.1 If the User enters records into FCIC/NCIC for another agency, the User shall execute an interagency agreement with each serviced agency outlining each agency's responsibilities. April 14,2014 Page 3 of 17 MILE Criminal Justice User Agreement 1.3.2.2 Adult Warrants, Missing Persons and all property records of the FCIC Hot File records, entered by state and local agencies, will be made available to the public on the Internet via the FCIC Public Access System (PAS), unless explicitly flagged by the User for exclusion. 1.3.3 QUALITY ASSURANCE: Appropriate and reasonable quality assurance procedures shall be in place, including second party verification during entry, to ensure all entries in FCIC/NCIC are complete, accurate, and valid. 1.3.4 VALIDATION: The User shall validate all records that the User has entered into the system for accuracy and retention. To be in compliance with FCIC/NCIC rules, regulations and operating procedures, the User shall ensure each record is modified to confirm the successful validation of each record on file in FCIC/NCIC. Failure to modify a record to indicate validation may result in its removal from the file. The User shall develop its own written validation procedures specifying the steps taken by the User to complete record validation. 1.3.5 HIT CONFIRMATION: The User shall comply with FCIC/NCIC rules, regulations and operating procedures by responding to the hit confirmations in a timely manner (within ten minutes or one-hour depending on priority). 1.3.6 DISSEMINATION: Information obtained from the FCICINCIC hot files, CJNet or computer interfaces to other state or federal systems, by means of access granted pursuant to Section 943.0525, F.S., shall only be used for the administration of criminal justice. 1.3.6.1 Upon receipt of a public record request for CJI, the User shall confer with FDLE regarding the appropriate response. It is the responsibility of the User to ensure that access to the CJNet is for authorized criminal justice purposes only, and to regulate proper access to and use of the network and information at all times. 1.3.6.2 The User will disseminate CHRI obtained or derived from federal records or systems only to criminal justice agencies and only for the administration of criminal justice. The administration of criminal justice includes criminal justice employment screening. 1.3.6.3 The User, if functioning in the capacity of a pretrial release program or providing CHRI for a pretrial release program, may disseminate Florida public record information only, in compliance with Section 907.043 (3), April 14,2014 Page 4 of 17 FDLE Criminal Justice User Agreement F.S., which requires "[e]ach pretrial release program [to] prepare a register displaying information that is relevant to the defendants released through such a program." The authority to disseminate information for this purpose shall be restricted to county probation services offices and those criminal justice entities providing the probation offices with information obtained via the FCIC message switch for the administration of criminal justice. 1.3.7 RETENTION: CHRI which the User maintains, whether retrieved from III or Florida's criminal history record system, shall be kept in a secure records environment to prevent unauthorized access. Retention of CHRI is governed by the record retention schedule for law enforcement published by the Florida Department of State, GS2. 1.3.7.1 Retention of criminal history records, whether retrieved from III or the state system, for extended periods may be appropriate when the time sensitivity of the specific record is important. 1.3.7.2 When, in the sound judgment of the User, retention of criminal history records, whether retrieved from III or the state system, is no longer required, final disposition will be accomplished in a secure manner in compliance with state law, FCICINCIC and III rules, regulations and operating procedures to preclude unauthorized access. 1.3.7.3 Because CHRI may become outdated at any time, a current criminal history record check should be performed whenever CHRI is used or relied upon by the User. Entry or retention of criminal history records in a separate or local database would be inconsistent with this principle, and is therefore discouraged. The retention of criminal history records, whether retrieved from III or the state system, in a secondary (non-FDLE) database is not authorized by law. 1.3.8 CRIMINAL HISTORY TRANSMISSION: Any electronic device that uses wireless or radio technology to transmit voice data may be used for the transmission of CHRI only when an officer determines there is an immediate need for this information to further an investigation or there is a situation affecting the safety of an officer or the public. 1.3.8.1 A facsimile machine may be used to transmit criminal history information between criminal justice agencies, provided both agencies have an NCIC Originating Agency Identifier (ORI) and are authorized to receive April 14,2014 Page 5 of 17 FILE Criminal Justice User Agreement criminal history information. Appropriate measures shall be taken to prevent unauthorized viewing or receipt by unauthorized persons 1.3.9 TRANSACTION LOGGING: Each interface agency accessing FCIC/NCIC and III systems shall ensure that an automated transaction log is maintained. The FCICINCIC portion of this log shall be maintained for a minimum of twelve months, and the ill portion shall be maintained for a minimum of four years. 1.3.9.1 Automated transaction logging is a feature included in the application software provided by FDLE, and local agencies are encouraged to retain these logs for future reference. Users purchasing or developing an interface to FCIC shall ensure transaction logging is an included feature. 1.3.9.2 The automated transaction log shall identify: the operator on all transactions, the agency authorizing all transactions, the requester and secondary recipient for all criminal history transactions. This information can be captured at log-on and can be a name, badge number, serial number, or other unique identifier. 1.3.9.3 The User may only disseminate CHRI to another authorized recipient and shall maintain a record of any dissemination of state or federal criminal history information. This record shall reflect at a minimum: (1) date of release; (2) to whom the information relates; (3) to whom the information was released; (4) the State Identification (SID) and/or the FBI number(s); (5) the purpose code and (6) the reason for which the information was requested. 1.3.10 INFORMATION ACCESS: The User shall allow only properly screened (as per Section III, paragraph 2 of this User Agreement), authorized personnel performing a criminal justice function who have received proper security awareness training to have access to information contained within the CJNet, FCIC/NCIC or other state or federal criminal justice information system accessed through the FCIC message switch, FBI CJIS Wide Area Network or Internet. The User will also provide assistance to other criminal justice agencies not equipped with direct FCIC access in compliance with FCIC/NCIC and III rules, regulations and operating procedures, but only to the extent that such assistance is not otherwise prohibited. April 14,2014 Page 6 of 17 FDLE Criminal Justice User Agreement 1.3.10.1 The User shall ensure that all personnel who initiate a transaction to the FCIC message switch are current in CJ IS certification. .3.10.2 Each individual user shall be properly authenticated prior to initiating a transaction to or requesting information from FCIC or other CJNet application. 1.3.10.3 The User shall ensure that persons allowed to complete CJIS certification are at least 18 years of age and are U.S. citizens or have a valid immigration status/visa. 1.3.10.4 FDLE reserves the right to deny FCiC, CJNet or related programs/systems access to any individual based on valid, articulable concerns for the security and integrity of FCIC, CJNet or related programs/systems. 1.3.11 WORKSTATION: FDLE is not responsible for the workstation acquisition, maintenance, operation, repair, supplies or workstation operation personnel costs. The User shall immediately notify the FDLE Customer Support Center, should an FCIC/NCIC workstation or device, associated with an FCIC/NCIC entry(ies), malfunction or become inoperable. All costs associated with returning the workstation to operation, other than CJNet costs, shall be the User's responsibility. FDLE will assist with executing trouble-shooting procedures. 1.4 interface Operations: For systems implemented after December 31, 2008, the User shall ensure that all automated interfaces that programmatically (i.e., without human intervention) generate transactions to the FCiC message switch are restricted to no more than one transaction per second per interface. 2. AUDITS: The User shall permit an FDLE appointed inspection team to conduct inquiries with regard to any allegations or potential security violations, as well as for routine audits. 2.1 FDLE conducts regularly scheduled compliance and technical security audits of every agency accessing the CJNet to ensure network security, conformity with state law, and compliance with all applicable FDLE, CJNet, FCIC/NCIC and III rules, regulations and operating procedures. Compliance and technical security audits may be conducted at other than regularly scheduled times. 3. TRAINING: The User is responsible for complying with training requirements established in CSP and the rules, regulations, and policies established by FCIC/NCIC, III, FDLE and other CJNet applications. The User is responsible for April 14,2014 Page 7 of 17 FDLE Criminal Justice User Agreement remaining current in the applications, procedures, and policies and ensuring personnel attend these training sessions. 3.1 All User personnel who access CJI for the administration of criminal justice shall complete security awareness training, including but not limited to criminal justice officials, e.g., Police Chiefs, Sheriffs, Judges, State Attorneys, etc. 3.2 Only operators who have successfully completed CJIS certification shall be allowed to have unsupervised access to the FCIC/NCIC system. 3.3 FCICINCIC operators who are in their initial six months of assignment may be permitted supervised access to FCICINCIC. Operators shall successfully complete CJIS certification within six months of appointment or assignment to duties requiring direct access to FCICINCIC. 3.4 The User shall require all personnel who are authorized to initiate a transaction to the FCIC message switch to successfully complete CJIS Certification. The User agrees to remove from FCICINCIC access any employee who fails to achieve required certification standards, whose certification has expired, whose certification is otherwise rescinded or as directed by FDLE. 3.5 The User shall require all information technology (IT) personnel, including any vendor or contracted staff who will in the course of their contracted criminal justice support duties initiate a transaction to the FCIC message switch, to successfully complete CJIS certification. 3.6 The User shall maintain training records for all personnel with access to CJI, i.e., CJIS certification and security awareness training. 3.7 The User shall require all IT personnel, including any vendor, responsible for maintaining/supporting any IT component used to process, store or transmit any unencrypted CJI, to successfully complete and maintain in current status the CJIS security awareness training provided by FDLE. 4. RELOCATION: Should the User desire to relocate the data circuit(s) and/or equipment connected to CJNet, the User shall provide FDLE written notice 90 days in advance of the projected move. All costs associated with the relocation of the equipment and the data circuit(s), including delays in work order dates, will be borne by the User unless FDLE has funding to make changes without charge. The repair and cost of any damages resulting from such relocation will be the User's responsibility. 4.1 The User shall also provide 90 days advance notice when requesting additional access to FCIC. April 14,2014 Page 8 of 17 FDLE Criminal Justice User Agreement 5. LIABILITY: The User understands that the FDLE, its officers, and employees shall not be liable in any claim, demand, action, suit, or proceeding, including, but not limited to, any suit in law or in equity, for damages by reason of, or arising out of, any false arrest or imprisonment or for any loss, cost, expense or damages resulting from or arising out of the acts, omissions, or detrimental reliance of the personnel of the User in entering, removing, or relying upon information transmitted through CJNet or in the FCIC/NCIC and NLETS information systems. 6. CRIMINAL HISTORY RECORDS: FDLE is authorized to establish a statewide biometric identification system and an intrastate system for the communication of information relating to crimes, criminals and criminal activity. To support the creation and maintenance of the criminal history files, the User, as appropriate, shall: 6.1 Provide for inclusion in criminal history records information systems, adult and juvenile criminal fingerprints on all felony arrests; adult criminal fingerprints on all misdemeanors and comparable ordinance violation arrests; and juvenile fingerprints on misdemeanor arrests specified at Section 943.051, F.S. The submission of other juvenile misdemeanor arrest fingerprints is optional. 6.2 Provide security for CHRI and systems that process or store CHRI, and security training for personnel who receive, handle or have access to CHRI. 6.3 Screen all personnel who will have direct access to CHRI and reject for employment personnel who have violated or appear unwilling or incapable of abiding by the requirements outlined in this agreement. 6.4 Defer to FDLE on any determination as to what purposes qualify for criminal justice versus non-criminal justice designation, as well as with respect to other purposes that may be authorized by law. 6.5 As authorized by Florida Statutes and/or federal regulations, the User may share state CHRI. Dissemination of information requires compliance with all applicable statutes, FCICINCIC and III rules, regulations and operating procedures, including logging. Agencies shall maintain the restriction on dissemination applicable to such record information, including but not limited to confidentiality or exemption from Section 11 9.07(l), F.S., as provided by law. 6.6 Provide security and establish policies to prevent unauthorized access to or dissemination of sealed records, or unauthorized notification of expunged records. 7 As FALCON is a CJI system, the User shall adhere to all policies regarding access, use and dissemination of CHRI. The User shall comply with all training and other appropriate requirements associated with its criminal justice status. The April 14,20I4 Page 9 of 17 FDLE Criminal Justice User Agreement User shall review FALCON subscriptions to determine whether the User is still authorized to receive criminal history record information on an individual. The User shall indicate the continued authorizing relationship with that individual, i.e., the person is still employed, volunteering, etc., or is currently the subject of investigation or under supervision by the User. CHRI received as a result of a FALCON subscription may be disseminated for criminal justice purposes, and is subject to the same legal and policy restrictions associated with CHRI. SECTION III SECURITY REQUIREMENTS 1, The User shall comply with the CSP and the rules, regulations, policies and procedures established for CJNet, FCIC/NCIC, III and NLETS, which include but are not limited to System Security, Personnel Security, Physical Security, User Authorization, Technical Security, Dissemination of Information Obtained from the Systems, and Destruction of Records. By accepting access as set forth above, the User agrees to adhere to the following security policies in order to ensure continuation of that access: 2. PERSONNEL BACKGROUND SCREENING: At a minimum, the User shall conduct a state and national fingerprint-based records check on 1) all personnel who are authorized to access state and/or national CJI data or systems, 2) IT personnel who maintain/support information technology components used to process, transmit or store unencrypted CJI, and 3) other personnel, including but not limited to support personnel, contractors and custodial staff, with unescorted physical or logical access to physically secure locations, as defined in the CSP and/or IT components used to process, transmit or store unencrypted CJI. The User is strongly encouraged to screen the applicant by other available means, e.g., local court records, in addition to the fingerprint-based record check. 2.1 The User shall submit applicant fingerprints of persons described in Section III, paragraph 2, for positive comparison against the state and national criminal history and for searching of the Hot Files. 2.2 The results of the fingerprint-based record check shall be reviewed prior to granting access to CJI or components used to process/store CJI, including access for IT support. The User may conduct a preliminary on-line criminal justice employment check using Purpose code "J" for this purpose. 2.2.1 If a record of any kind exists, the User shall consult the FDLE Guidelines for CJIS Access and notify the CSO for review. Upon notification from the User, the CSO shall review the matter to determine if access is appropriate and officially notify the User in writing of the CSO's decision regarding access. 2.2.2 Once the original background screening has been completed, if the User learns that an employee with access to CJI, including any personnel as identified in Section III, paragraph 2, has a criminal April 14,2014 Page 10 of 17 FDLE Criminal Justice User Agreement history or pending charge(s), the User shall consult the FDLE Guidelines for CJIS Access and notify the CSO. The CSO shall review the facts and circumstances and notify the User in writing regarding access to CJI. 2.2.3 The User shall have a written policy for discipline of personnel who 1) access CJNet and/or CJI for purposes that are not authorized, 2) disclose information to unauthorized individuals, or 3) violate FCIC/NCIC or III rules, regulations or operating procedures. 2.3 As the CSA for the State of Florida, the FDLE reserves the right to deny individual user access to any system or related program that is used to process, transmit or store CJI based on valid, articulable concerns for the security and integrity of the information and/or related systems. 2.4 The User shall ensure the appropriate ORI is used for submission of applicant fingerprints. Fingerprints submitted for positions associated with the administration of criminal justice or as required by the CSP, shall include the User's criminal justice ORI. Fingerprints submitted for any other positions not related to the administration of criminal justice or required by the CSP shall include the appropriate and approved non-criminal justice ORI. 3. PHYSICAL SECURITY: The User shall identify facilities, areas, rooms, etc. where CJI is accessed, processed and/or stored to determine physical security requirements as identified in the CSP. The User may designate a facility, area, room, etc., either a physically secure location or a secured area, as defined in the CSP, provided the appropriate requirements are met. Access shall be limited to persons needing access for completion of required duties. The User shall have a written policy that ensures and implements security measures, secures devices that access FCIC/NCIC/CJNet and prevents unauthorized use or viewing of information on these devices. The use of password protected screen blanking software is recommended for devices that access FCIC/NCIC when the operator may leave the computer unsupervised. FDLE reserves the right to object to equipment location, security measures, qualifications and number of personnel who will be accessing FCIC/NCIC and to suspend or withhold service until such matters are corrected to FDLE's reasonable satisfaction. 4. ADMINISTRATIVE SECURITY: The User shall designate individual agency contacts, as described below, to assist the User and FDLE in ensuring compliance with this Agreement. Training for these positions is provided by FDLE, and the User shall ensure that its designee is keenly aware of the duties and responsibilities of each of the following positions. FDLE reserves the right to object to the Users appointment of a TAC, LASO, LAI or AAA based on valid, articulable concerns for the security and integrity of FC1C, CJNet or related programs/systems. The User shall provide FDLE with up-to-date contact information for these positions. April 14,2414 Page 11 of 17 FDLE Criminal Justice User Agreement 4.1 TERMINAL AGENCY COORDINATOR: The User shall designate a Terminal Agency Coordinator (TAC) to ensure compliance with FCIC/NCIC and III rules, regulations and operating procedures, and to facilitate communication between FDLE and the User. The TAC shall maintain a current CJIS Certification. TACs shall attend TAC training within six (6) months of being assigned to the position, and as often, as required by FDLE, thereafter. 4.2 LOCAL AGENCY SECURITY OFFICER: The User shall designate a Local Agency Security Officer (LASO) to ensure compliance with the CSP. Within six months of assignment to the position, the LASO is encouraged to complete any appropriate LASO training made available by FDLE, including CJIS security awareness training. 4.3 In addition to TAC and LASO, there are other points of contact and positions necessary to manage applications and facilitate communication between the User and FDLE. These positions are identified on the Agency CJIS Contact Form, which may be found on the CJNet CJIS Resource Center website under CJIS Forms and Publications. 5. MANAGEMENT CONTROL AGREEMENTS: In situations where data processing/information services, law enforcement dispatch functions or human resources functions are provided by a non-criminal justice governmental entity, the User shall enter into a management control agreement as required by the CSP. In situations where governmental structure or hierarchy does not support or permit an agreement between the parties involved, a directive which includes all of the provisions for a management control agreement identified in the CSP may be substituted. 6. INTERAGENCY AGREEMENTS: The User shall execute an Interagency Agreement with any other criminal justice agency to which criminal justice information services are outsourced, including but not limited to information technology related functions. The User shall consult with FDLE to determine if a given function requires an Interagency Agreement. 7. TECHNICAL SECURITY 7.1 Remote access services to CJI, including, but not limited to access to FCICINCIC and CJNet via the User's Network, will be permitted provided the User establishes appropriate security measures to ensure compliance with all rules, regulations, procedures, and the CSP. 7.2 All FCIC/NCIC/III data transmitted over any public network segment shall be encrypted as required by the CSP. This requirement also applies to any private data circuit that is shared with non-criminal justice users and/or is not under the direct security control of a criminal justice agency. April 14,2014 Page 12 of 17 FDLE Criminal Justioe User Agreement 7.3 The User shall maintain, in current status, and provide upon request by FDLE a complete topological drawing, which depicts the User's network configuration as connected to CJNet. As required by the CSP, this documentation shall clearly indicate all network connections, service agencies and interfaces to other information systems. 1 .4 The User shall ensure only authorized criminal justice agencies or agencies authorized by FDLE are permitted access to the CJNet via the User's CJNet connection. 7.5 The User shall ensure all devices with connectivity to CJNet employ virus protection, anti-spam and anti-spyware software and such software shall be maintained in accordance with the software vendor's published updates. 7.6 CJI, including but not limited to information obtained from the FCIC message switch and CJNet, may only be accessed via computers or interface devices owned by the User or by the contracted entity. Vendors under contract with the User to perform the administration of criminal justice may be allowed to use their own devices for access provided all requirements of the FBI CJIS Security Addendum are satisfied. 7.7 The User shall ensure that CJNet-only devices have a Windows or network type password to prevent unauthorized access. 7.8 Provided appropriate security precautions are in place, and upon approval from the FDLE Network Administration staff, the User may employ wireless network connectivity (for example the 802.11 wireless networking protocol). 8. COMPUTER SECURITY INCIDENT RESPONSE CAPABILITY: The User shall have a written policy documenting the actions to be taken in response to a possible computer security incident. The policy shall include identifying, reporting, investigating and recovery from computer security incidents. The User shall immediately notify the CSO of any suspected compromise of the CJNet. 9. SECURITY AUTHORITY: All policies, procedures and operating instructions contained in the CSP and FCICINCIC, III and NLETS documents, operating manuals and technical memoranda, are hereby incorporated into and made a part of this agreement, except to the extent that they are inconsistent herewith or legally superseded by higher authority. 10. CLIENT SOFTWARE LICENSE: The FCIC Client Software (eAgent) license from Diverse Computing, Incorporated is located in the Help menu of the eAgent client software. The FCIC Client Software (eAgent) license is made a part of and incorporated by reference into this User Agreement and shall be binding on the User upon acceptance of the software. The User is allowed up to one hundred (100) eAgent Subswitch mnemonics. The User is not permitted to install eAgent, as provided by FDLE, on laptops for use in a mobile environment, including tablets, netbooks and other"handheld devices. The User is not permitted to use the eAgent client software as an interface to the FCIC message switch for another application. April 14,2014 Page 13 of 17 FDLE Criminal Justice User Agreement 11. PRIVATE VENDORS: Private vendors which, under contract with the User, are permitted access to information systems that process CJI, shall abide by all aspects of the FBI CJIS Security Addendum. 11.1 The contract between the User and the vendor shall incorporate the FBI CJIS Security Addendum to ensure adequate security of CJI. 11.2 The User shall ensure all vendor employees are appropriately screened prior to granting the vendor employees access to CJI. Vendor employee fingerprints submitted by the User to FDLE as required by the CSP shall be taken/rolled/printed by a recognized law enforcement agency or an FDLE approved third party vendor. NOTE: A vendor may not fingerprint its own employees. 11.3 The User shall maintain the Security Addendum Certification form for each member of the vendor staff with access to information systems that processes CJ I. 11A The User shall ensure all vendor employees with access to CJI have received the appropriate security awareness training via the CJIS Online application and are in current status. 11.5 The User shall ensure private vendors permitted such access are aware of the provisions of Section 817.5681, F.S. regarding breach of security of personal information. 11.6 The User shall contact FDLE for review prior to entering into a contract or agreement with a private vendor in the course of which state or national CJI is processed, stored or transferred from the User's physically secure location to a vendor owned or operated facility(s) (e.g., cloud services.) 11.7 The User shall maintain and keep current a list of all vendor employees who have been authorized access to CJI. 12. USERNAMES and PASSWORDS/AUTHENTICATION: The User shall ensure that all personnel, including IT support and vendors, who initiate a transaction to the FCIC message switch have a separate and distinct username and password/ authentication for the software/interface used to initiate the transaction. 12.1 The User shall ensure that all User-operated interfaces, including but not limited to computer aided dispatch systems, record management systems, jail management systems and mobile data systems with the FCIC message switch or other systems that contain CJI, follow the password requirements as outlined in the CSP. 12.2 Individual users shall refrain from sharing passwords and/or other authenticators, including but not limited to smart cards, tokens, public key April 14,2014 Page 14 of 17 FDLE Criminal Justice User Agreement infrastructure (PKI) certificates, etc., used to access CJl or CJNet related systems. 12.3 Individual users shall refrain from using another individual's account or session for the purpose of accessing CJI or other CJNet applications. 12.4 Individual users shall refrain from caching credentials/passwords for access to systems/applications used to process or store CJI. 12.5 All personnel with access to any system or application that processes or stores CJI for maintenance or administration purposes shall be uniquely identified. 13. INDIVIDUAL USER ACCESS: The User shall deactivate individual user access to eAgent and/or other FCIC interfaces, other CJNet applications and other state/federal systems containing CJI, including but not limited to LEO and/or NDEx, upon separation, reassignment or termination of duties, provided individual user access is no longer required for the administration of criminal justice. 14. OFF SITE STORAGE/PROCESSING OF CJI: The User shall contact and receive approval from the CSO prior to entering into an agreement with a noncriminal justice governmental agency for off-site storage or processing of CJI (often referred to as cloud computing or cloud services.) SECTION IV MISCELLANEOUS REQUIREMENTS 1. FDLE has received funding from the United States Department of Justice and is subject to and must demand intrastate users of its criminal history record services adhere to US Code (28 U.S.C. section 534), State Statute (Chapter 943 F.S.), Code of Federal Regulations (28 C.F.R. Part 20), Florida Administrative Code (Chapter 11 C-6, F.A.C.), FCIC/NCIC and III rules, regulations and operating procedures which this agreement incorporates both present and future. 2. PENALTIES AND LIABILITIES: Any non-compliance with the terms of this Agreement concerning the use and dissemination of criminal history information may subject the User's officers or employees to a fine not to exceed $11,000 as provided for in the Code of Federal Regulations, Title 28, Section 20.25, and/or discontinuance of service. Moreover, certain offenses against system security and the information contained therein are crimes under Florida Statutes and can result in criminal prosecution. 3. PROVISIONS INCORPORATED: The User shall be bound by applicable federal and state laws, federal regulations and the rules of FDLE to the same extent that the User would be if such provisions were fully set out herein. Moreover, this Agreement incorporates both present and future law, regulations and rules. April 14,2014 Page 15 of 17 FDLE Criminal Justice User Agreement 4. TERMINATION: Either party may terminate this Agreement, with or without cause, upon providing advanced written notice of 45 days. Termination for cause includes, but is not limited to, any change in the law that affects either party's ability to substantially perform as provided in this Agreement. Should the aforementioned circumstances arise, either party may terminate or ask to modify the Agreement accordingly. 4.1 FDLE reserves the right to terminate service, without notice, upon presentation of reasonable and credible evidence that the User is violating this Agreement or any pertinent federal or state law, regulation or rule. 5. MODIFICATIONS: Modifications to the provisions in this Agreement shall be valid only through execution of a formal written amendment. 6. ACCOUNTABILITY: To the extent provided by the laws of Florida, and without waiving any defenses or immunities to which the User may be entitled, the User agrees to be responsible for the negligent acts or omissions of its personnel arising out of or involving any information contained in, received from, entered into or through CJNet, FCICINCIC, III and NLETS. 7 ACKNOWLEDGEMENT: The User hereby acknowledges the duties and responsibilities as set out in this Agreement. The User acknowledges that these duties and responsibilities have been developed and approved by FDLE to ensure the reliability, confidentiality, completeness, and accuracy of all records contained in or obtained by means of the CJNet, including the FCICINCIC System. The User further acknowledges that failure to comply with these duties and responsibilities may subject its access to various sanctions as approved by the FBI Criminal Justice Information Services Advisory Policy Board. These sanctions may include termination of NCIC services to the User. The User may appeal these sanctions through the CSA. 8. TERM OF AGREEMENT: This agreement will remain in force until it is determined by FDLE that a new agreement is required. The User should initiate the execution of a new agreement when a change of agency chief executive or official occurs. April 14,2014 Page 16 of 17 FDLE Criminal Justice User Agreement IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. NAME OF THE USER AGENCY DELRAY BEACH POLICE DEPARTMENT USER CHIEF EXECUTIVE or OFFICIAL TITLE Chief of Police Jeffrey S. Goldman (PLEASE PRINT) CITY OF DELRAY BEACH ATTEST: By: Cary Glickstein, Mayor (SIGNATURE) Chevelle Nubin, City Clerk DATE Approved as to form and legal sufficiency: WITNESS TITLE Noel Pfeffer, City Attorney FLORIDA DEPARTMENT OF LAW ENFORCEMENT BY Jennifer Cook Pritt TITLE Director (PLEASE PRINT) (SIGNATURE) DATE WITNESS TITLE April 14,20I4 Page 17 of 17 N-DEx Supplement N-DEx Supplement to the CRIMINAL JUSTICE/ Criminal Justice Network (CJNet) USER AGREEMENT This Agreement supplements the Criminal Justice User Agreement or Criminal Justice Network (CJNet) User Agreement (as appropriate) entered into between the Florida Department of Law Enforcement (hereinafter referred to as FDLE), an agency of the State of Florida, and the DELRAY BEACH POLICE DEPT. , with headquarters or located at 300 West Atlantic Ave. ,Delray Beach, FL 33444 , with a primary ORI of FLO500400 " , (hereinafter referred to as the User). PURPOSE: The purpose of this Supplemental Agreement is to document the terms and conditions under which the User will obtain and provide access to the Law Enforcement National Data Exchange (N-DEx). ASSOCIATED AGREEMENTS: The aforementioned Criminal Justice/Criminal Justice Network (CJNet) User Agreement (as appropriate) is incorporated herein by reference. A copy of the Agreement entered into by User is attached hereto. Whereas, the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Advisory Policy Board (APB) has designated that the CSO (CJIS Systems Officer) of each state as responsible for monitoring system use, enforcing system discipline and security, and assuring that the CJIS operating procedures are followed by all users, as well as other related duties outlined in FDLE's CJIS System User Agreement with the FBI's CJIS division; Whereas, the FDLE CJIS Director is the CSO for the State of Florida; Whereas, N-DEx's mission is to provide law enforcement agencies with an investigative tool to search, link, analyze and share criminal justice information such as incident/case reports, incarceration data, and parole/probation data on a national basis; Whereas, the User has executed a Criminal Justice User Agreement or Criminal Justice Network (CJNet) User Agreement with FDLE; Whereas, the User requests access to N-DEx to assist in the performance of its law enforcement duties; Whereas, data obtained from N-DEx is considered Criminal Justice Information (CJI) and as such the FBI Security Policy shall be followed; Therefore, in consideration of the mutual benefits to be derived from this Agreement, the FDLE and the User do hereby agree as follows: April 14,2014 Pagel of6 N-DEx Supplement SECTION I— USER PROVISIONS By accepting access to the information services described above, the User agrees to adhere to the following terms and conditions: 1. The User agrees to abide by all present or hereinafter approved rules, policies and procedures established for access to and governance of N-DEx, including, but not limited to the collection, storage, processing, search, retrieval, dissemination and exchange of criminal justice information provided via N-DEx. 2. The User will designate an N-DEx Agency Level Coordinator (NAC). The N-DEx NAC will be the central point of contact for the User on N-DEx related issues and ensure User compliance with N-DEx policies and procedures, including but not limited to those identified in this Supplement. 3. The User shall ensure that only approved and qualified persons performing the administration of criminal justice have access to N-DEx. The User shall ensure that access to N-DEx and information within N-DEx is on a strictly need-to-know basis. 4. The User shall conduct a fingerprint-based background check in accordance with the aforementioned and executed Criminal Justice User Agreement (Section III, paragraph 1) or Criminal Justice Network (CJNet) User Agreement (Section III, paragraph 1) prior to granting an employee access to N-DEx. 6, The User will immediately inform N-DEx and FDLE upon the termination or ineligibility of any employee with N-DEx access, and take appropriate actions to ensure the employee's or former employee's N-DEx access is deactivated. 6. The User will conduct a quarterly audit of employees with N-DEx access to confirm: a. the continued employment status with the User, and b. that the employee continues to perform duties that require N-DEx access. 7. The User will not use N-DEx to conduct employment background checks. 8. The User will ensure that all employees with N-DEx access are trained and informed of applicable N-DEx policies and procedures. The User will ensure all N-DEx users have completed the N-DEx computer based training (CBT) programs for User Overview and N-DEx Policy and Operating CBT, provided by N-DEx, The User may contact the FBI to obtain a Train-the-Trainer class. The User will maintain documentation for audit review of N-DEx CBT/classroom training by its users. Users are also required to either be FCIC Certified or have completed the CJIS Online Security Awareness Training. 9. The User will immediately report to the FDLE CSO all violations of or attempts to compromise the security of N-DEx. April 14,2014 Page 2 of 6 N-DEx Supplement 10.The User shall not use N-DEx information, including analytical products derived therefrom, as a basis for enforcement or other official action or disseminate such information outside of the User agency, for any purpose or in any manner, unless the User first obtains the express permission of and verifies the reliability and accuracy of the information with the agency(s) that contributed the information in question. Specifically included within this limitation is the inclusion of any N-DEx information in an official case file and any use of N-DEx information in the preparation of judicial process such as affidavits, warrants or subpoenas. 11.The User shall not electronically retain or copy N-DEx information without obtaining the contributing agency's permission. 12 In the event N-DEx information is summarized or otherwise documented, the User shall indicate the information was obtained from N-DEx. 13.Information in N-DEx, including any analytical products, may be disseminated subject to the following requirements: a. Hard or electronic copies of documents retrieved from the system may not be provided to a participating or nonparticipating agency without the approval of the contributing agency. b. Information or summaries of information from the system may be shared with a non-participating law enforcement agency in the furtherance of a legitimate law enforcement investigation or for development of community crime analysis. c. Immediate dissemination of information can be made if the recipient of the information determines that an emergency involving an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security requires dissemination without delay. d. Dissemination is permitted to the extent required by applicable law or court process or allowed by applicable guidelines. e. The owner of the information shall be promptly notified of all disseminations made under this exception. 14.Criminal investigative or intelligence information received from N-DEx is protected from public disclosure by state law. See Section 119.071(2)(b), Florida Statutes (2009). The User shall direct any requests (including public record requests) from any person, entity or agency that is not a participant in N-DEx, for reports or information contained in or derived from N-DEx to the agency that contributed the data. 15.The User will duly report to the FDLE CSO and the contributing agency via email any instances in which N-DEx information is used in an unauthorized manner. Such April 14,2014 Page 3 of 6 N-DEx Supplement notice is to be provided in a timely manner within 72 hours of when the User first learned of the unauthorized use. SECTION li — CONTRIBUTOR PROVISIONS In situations where the User contributes data to N-DEx: 1. Prior to making or implementing any decision to submit data directly to N-DEx, the User will contact the FDLE CJIS CSO for information regarding the current status of any of the regional or statewide data sharing programs/initiatives then in operation or planned for the near future. Submitting data directly to N-DEx would involve bypassing any of the regional or statewide data sharing programs/initiatives in operation, and would require the development of programming specific to the User for that purpose. 2. The User shall execute an N-DEx Memorandum of Understanding (MOU) with the FBI, said MOU to be provided by the FBI, if the User contributes data to N-DEx. 3. The User has the sole responsibility to ensure that information that it contributes to N-DEx was not obtained and is not maintained in violation of any federal, state or local law applicable to the User. 4. The User retains sole ownership of, sole responsibility for, and exclusive control over the content of the information that it contributes to N-DEx, and the User may, at will and at any time, update, correct or delete the information that it contributes to N- DEx. 5. The User has the responsibility and accountability for ensuring compliance with all laws, regulations policies and procedures applicable to its entry and sharing of information in N-DEx. 6. The User shall obtain FDLE approval prior to any system modification related to N- DEx that could affect and/or cause degradation of criminal justice information services provided by FDLE. 7. The User has the duty, sole responsibility and accountability to make reasonable efforts to ensure the accuracy upon entry, and the continuing accuracy thereafter, of information contributed to N-DEx. In an effort to maintain system discipline, the User shall submit data, including any updates or changes to the original submission, on at least a monthly basis. Updates and changes are encouraged as often as the User can feasibly execute them. The User should not make any changes to the information it contributes that are not mirrored within the User's source records. Should FDLE receive a challenge to, or reasonable question about the validity and/or accuracy of the information in N-DEx, FDLE will notify the User. April 14,2014 Page 4 of 6 N-DEx Supplement SECTION III — FDLE PROVISIONS FDLE agrees to provide access to the information services described above and will adhere to the following terms and conditions: T. FDLE reserves the right to immediately suspend service to the User based onviolation(s) of N-DEx policy or this Agreement, or on valid, articulable concerns for the security and integrity of N-DEx. Services may be reinstated following such instances upon receipt of satisfactory assurances that such violations have been corrected and such concerns addressed. 2. FDLE shall have the authority to conduct audits of User records and operation to ensure compliance with this Supplement and N-DEx policies. 3 FDLE will assist the User in obtaining N-DEx training as identified in this Supplement. 4 FDLE reserves the right to deny N-DEx access to any individual based on valid, articulable concerns for the security and integrity of N-DEx. LIABILITY: The N-DEx system is not a separate legal entity capable of maintaining an employer-employee relationship and, as such, personnel assigned by a party to perform N-DEx functions shall not be considered employees of the N-DEx or of any other party for any purpose. TERMINATION: Either party may terminate this Supplemental Agreement, with or without cause, upon providing advanced written notice of 45 days. Termination for cause includes, but is not limited to, any change in the law that affects either party's ability to substantially perform as originally provided in this Supplemental Agreement. Should the aforementioned circumstances arise, either party may terminate or modify the Supplemental Agreement accordingly. FDLE reserves the right to terminate service, including service provided under the Criminal Justice User Agreement between FDLE and the User, without notice, upon presentation of reasonable and credible evidence that the User is violating this Supplemental Agreement or any pertinent federal or state law, regulation or rule. MODIFICATIONS: Modifications to the provisions in this Supplemental Agreement shall not be effective until execution of a formal written amendment. TERM OF AGREEMENT: This Supplemental Agreement will remain in force until it is determined by FDLE that a new agreement is required. The User should initiate the execution of a new agreement when a change of agency chief executive or official occurs. April 14,2014 Page 5 of N-DEx Supplement IN WITNESS HEREOF, the parties hereto have caused this Supplemental Agreement to be executed by the proper officers and officials. NAME OF USER (AGENCY) DELRAY BEACH POLICE DEPARTMENT USER CHIEF EXECUTIVE OR OFFICIAL Jeffrey S. Goldman (PLEASE PRINT) TITLE Chief of Police CITY OF DELRAY BEACH ATTEST: By. Cary Glickstein, Mayor (SIGNATURE) Chevelle Nubin, City Clerk DATE Approved as to form and legal sufficiency WITNESS TITLE Noel Pfeffer, City Attorney FLORIDA DEPARTMENT OF LAW ENFORCEMENT BY Jennifer Cook Prltt TITLE Director (PLEASE PRINT) (SIGNATURE) DATE WITNESS TITLE April 14,2014 Page 6 of 6 License Plate Reader Supplement LICENSE PLATE READER SUPPLEMENT TO CRIMINAL JUSTICE USER AGREEMENT This License Plate Reader Supplement ("Supplemental Agreement") to the Criminal Justice User Agreement supplements the Criminal Justice User Agreement entered into between the Florida Department of Law Enforcement (hereinafter referred to as FDLE), an agency of the State of Florida, and theDELRAY BEACH POLICE DEPT. , with headquarters at300 west Atlantic AVe. , Delray Beach, FL 33444, (hereinafter referred to as the User). PURE The purpose of this Supplemental Agreement is to document the terms and conditions under which FDLE will make certain information (as specified below under Terms and Conditions) available to state and local criminal justice agencies for use in comparing such information against scanned vehicle license plate numbers retrieved by means of license plate screening technology from mobile and fixed sites. ASSOCIATED AGREEMENTS: Both the aforementioned Criminal Justice User Agreement and the Memorandum of Understanding between the Federal Bureau of Investigation (FBI) and FDLE concerning the FBI's transmission of information (as specified below under Terms and Conditions) from the National Crime Information Center (NCIC) to FDLE, are incorporated herein by reference. A copy of the latter is attached hereto. TERMS AND CONDITIONS: FDLE agrees to provide access to the information services described below and will adhere to the following terms and conditions: 1. Provide the User with access to files extracted from the Florida Crime Information Center (hereinafter FCIC) and NCIC Hot Files, and Florida Department of Highway Safety and Motor Vehicles (DHSMV) records including, but not limited to the Expired Tag File, Expired License File and Sanctioned Driver File; 2. Provide extract information from FCIC, updated eight times per day and including information from all FCIC records with license plate data, except Intel-flagged records; 3. Provide updated extract information from NCIC as often as made available by the FBI, including license plate information from the NCIC Hot Files and from other files as may be made available by the FBI; 4. Provide updated extract information from DHSMV as often as made available by DHSMV; 5. Respond to specific inquiries from the User; and 6. Provide the User with the name and contact information of FDLE technical and administrative points of contact. By accepting access to the information services described above, the User agrees to adhere to the following terms and conditions: April 14,2014 page 1 of 4 License Plate Reader Supplement 1 Use the FCIC/NCIC/DHSMV extracts for criminal justice purposes only; 2. Control access to the CJNet and FDLE FTP server so as to deny direct access by the User's license plate screening technology vendor; I Execute a Memorandum of Understanding with the User's license plate screening technology vendor restricting the vendor's use of information obtained from FDLE for this program to criminal justice purposes and precluding use by an entity other than the User; 4. Update its local database as FCIC/NCICIDHSMV updates become available, assuring that information deleted from the FCIC/NCIC/DHSMV system is also deleted from all local databases; 5. Confirm data extract hits are still active in FCIC/NCIC, at the earliest reasonable opportunity, and before taking enforcement action, in accordance with current hit confirmation policy; 6. Confirm, via an FCIC driver license or vehicle registration transaction, that DHSMV data extract hits correspond to current, live DHSMV data, at the earliest reasonable opportunity, and before taking enforcement action; and 7. Provide and update the FDLE with the name and telephone number of technical and administrative points of contact. TERMINATION: Either party may terminate this Supplemental Agreement, with or without cause, upon providing advanced written notice of forty-five (45) calendar days. Termination for cause includes, but is not limited to, any change in the law that affects either party's ability to substantially perform as originally provided in this Supplemental Agreement. Should the aforementioned circumstances arise, either party may terminate or modify the Supplemental Agreement accordingly. FDLE reserves the right to terminate service, including service provided under the Criminal Justice User Agreement between FDLE and the User, without notice, upon presentation of reasonable and credible evidence that the User is violating this Supplemental Agreement or any pertinent federal or state law, regulation of rule. MODIFICATIONS: Modifications to the provisions in this Supplemental Agreement shall be valid only through execution of a formal written amendment, properly approved by the parties. TERM OF AGREEMENT: This Supplemental Agreement will become effective upon signing by both parties and will remain in force until it is determined by FDLE that a new agreement is required. April 14,2014 page 2 of 4 License Plate Reader Supplement IN WITNESS HEREOF, the parties hereto have caused this Supplemental Agreement to be executed by the proper officers and officials. NAME OF USER (AGENCY) DELRAY BEACH POLICE DEPARTMENT USER CHIEF EXECUTIVE OR OFFICIAL TITLE Chief of Police Jeffrey S. Goldman (PLEASE PRINT) CITY OF DELRAY BEACH ATTEST: B Cary Glickstein, Mayor (SIGNATURE) Chevelle Nubin, City Clerk DATE Approved as to form and legal sufficiency WITNESS TITLE Noel Pfeffer, City Attorney FLORIDA DEPARTMENT OF LAW ENFORCEMENT BY Jennifer Cook Pritt TITLE Director (PLEASE PRINT) (SIGNATURE) DATE WITNESS TITLE April 14,2014 page 3 of 4 License Plate Reader Supplement Aciencv Contact Information User Administrative Point of Contact Name: Marlo Dahl Phone: 561 243-7865 Email: dahl@mydelraybeach.com User Technical Point of Contact Name: t arlo Dahl Phone: 561 243-7865 Email: dahl@mydelraybeach.com FDLE Administrative Point of Contact Name: Larry Coffee Phone: (850) 410-8192 Email: larrycoffee @fdle.state.fl.us FDLE Technical Point of Contact Name: Harrison Rivers Phone: (850) 410-8349 Email: harrisonrivers @fdle.state.fl.us April 14,2014 page 4 of 4 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Terry Stewart, Interim City Manager DATE: September 16, 2014 SUBJECT: AGENDA ITEM 8.Q.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES:AUTO THEFT TASK FORCE BACKGROUND This is an agreement between the City of Delray Beach Police Department and Palm Beach County Law Enforcement Agencies. The Memorandum of Understanding and Auto Theft Task Force was established pursuant to the specific authority in Section II (Provisions for Voluntary Cooperation) of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement authorizing the establishment of inter-agency task forces. A copy of this Mutual Aid Agreement is attached to the Memorandum of Understanding. The Auto Theft Task Force empowers participating law enforcement agencies to jointly investigate, apprehend and arrest individuals in an effort to jointly address auto theft activity and provide law enforcement services within, between and through unincorporated Palm Beach County and the municipalities included in the agreement. Other than the officers' participation, there is no additional cost to the City. The Memorandum contract length is for one year with automatic renewable one year periods unless we terminate the Memorandum of Understanding with 30 days written notice. RECOMMENDATION The Police Department recommends approval. f MEMORANDUM OF UNDERSTANDING AUTO THEFT TASK FORCE WITNESSETH WHEREAS, Palm Beach County Law Enforcement Agencies have entered into a combined mutual aid agreement for law enforcement services that is in full force and effect; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies which have signed this MOU have the authority under the combined mutual aid agreement to enter into this Memorandum of Understanding pursuant to Section II (Provisions for Voluntary Cooperation) of said mutual aid agreement, herein incorporated by and referenced as Exhibit A; and WHEREAS, the participating Law Enforcement Agencies have identified a need to establish an inter-agency task force to address auto theft activity within Palm Beach County. NOW, THEREFORE, BE IT KNOWN that the participating Law Enforcement Agencies agree to enter into this Memorandum of U',Q*standing in consideration of mutual interests and understandings expressed her'e' in, and the parties agree as follows: SECTION 1: AUTHORITY 1.1. This Memorandum of Understanding and this Auto Theft Task Force is established pursuant to the specific authority in Section 11 (Provisions for Voluntary Cooperation) of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, authorizing the establishment of inter-agency task forces. See Exhibit A. 1.2. The establishment of this Auto Theft Task Force and the execution of this Memorandum of Understanding does not in any way alter or modify the provisions of the existing Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, which sets forth the powers, privileges, immunities and liabilities of the participating Palm Beach County law enforcement agencies. 1.3. The law enforcement officers assigned by the participating Law Enforcement Agencies to this task force will be empowered to take any and all law enforcement action necessary in the investigation, apprehension, and arrest of individuals while involved in auto theft task force investigations in furtherance of this Agreement. MOU-AUTO THEFT TASK FORCE SECTION 2: SCOPE OF AGREEMENT 2.1 Each of the participating Law Enforcement Agencies may render law enforcement assistance to the other for the purposes of jointly addressing auto theft activity (including, but not limited, as it relates to the import/ export of vehicles at the Port of Palm Beach, "chop shops", salvage yards, vehicle and vessel dealerships, repair shops, tow and salvage yards, and scrap metal facilities) within, between, and through unincorporated Palm Beach County and those municipalities in which a participating agency has jurisdiction and provides law enforcement services. In rendering law enforcement assistance, the participating Law Enforcement Agencies will assign law enforcement officers to the task force in a joint effort to address auto theft activity. 2.2 The command and supervisory responsibility for the Auto Theft Task Force will be the Sheriff's Office Violent Crimes Division's Auto Theft Unit. 2.3 Each participating agency agrees to furnish necessary personnel, vehicles and equipment, resources and facilities and to render assistance to each other party to the MOU as set forth herein; provided, however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid . 2.4 The participating agencies agree to adhere to the Palm Beach County Sheriff's Office General Order 522.00 (Critical Incident Investigations), which is herein incorporated by reference as Exhibit B, if a member of a participating law enforcement agency is involved in a "critical incident", as defined in that General Order, while rendering law enforcement assistance as set forth in this Agreement. The participating agencies further agree that if one of their law enforcement officers is involved in such a critical incident, the "involved" or "witness" officer will remain at the scene of the critical incident and comply with Palm Beach County Sheriff's Office General Order 522.00. SECTION 3: FORFEITURE 3.1 The Palm Beach County Sheriff's Office will initiate forfeiture proceedings related to property seized by the task force in the course of the inter-agency auto theft investigations conducted pursuant to this MOU. The Sheriff will allocate, after deduction of administrative expenses and legal fees, an equal share of the currency forfeited or of the proceeds of the forfeiture to each participating agency that assigns a full-time officer to this task force, and a one-half (1/2) share to each participating agency that assigns an officer part-time to this task force. Each participating agency may request information from the Sheriff regarding the seized assets which are subject to apportionment under this MOU, and information regarding any related forfeiture proceedings. 2 MOU-AUTO THEFT TASK FORCE SECTION 4: EFFECTIVE DATE 4.1 This Memorandum of Understanding shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect for a one year period unless terminated prior thereto by all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. This Agreement will be automatically renewed for consecutive one year periods as to the participating agencies that have not provided a notice of termination as set forth herein. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. 3 MOU-AUTO THEFT TASK FORCE SHERIFF OF PA BEACH COUNTY, FLORIDA Ric L. Bra,Offaw Date FLORIDA HIGHWAY PATROL '�& qe"2e'-'2 Major Aur it Date DELRAY BEACH POLICE DEPARTMENT CITY OF DELRAY BEACH By: Jeffrey S., Goldman Date Chief of Police Cary Glickstein, Mayor ATTEST: WEST PALM BEACH POLICE DEPARTMENT Chevelle Nubin, City Clerk Approved as to form and Chief Bryan Kummerlen Date legal sufficiency . Noel Pfeffer, City Attorney 4 s � PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION ' I MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment !, which is incorporated by reference, are so located In relation to each other that It Is to the advantage of each to receive and extend mutual aid in the'form of law enforcement services and resources to adequately respond to: (1) Intensive situations, Including, but not limited to, emergencies as defined under Section 252.34; Florida Statutes, and (2) Continuing, multi-Jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and eater into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or mars-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. i SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and/or voluntarily render routine law enforcement assistance to the other, to include, but not necessarily be limited to, Investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or School Board property, Inter-agency task farces and/or joint Investigations, and coverage for overtime details. SECTION III:PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance Is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who Is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates, i School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event Including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should a sworn law enforcement offlcer(s) be in another subscribed agency's jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, In the presence of said officer, he/she shall be empowered to exercise authority as a law enforcement officer as if the officer was in his/her own jurisdiction. Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but Is Intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent criminals whom the law enforcement officer may encounter. In any jurisdiction where the Sheriff of Palm Beach County has primary law enforcement responsibilities, the following shall apply. When a sworn law enforcement officer of a subscribing law enforcement agency has established probable cause to arrest an 2 r Individuals) as a result of an investigation regarding any Forcible Felony, as defined in Section 776.08, Florida Statutes, or any act of Domestic Violence as defined In Section 741.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer, he/she Is authorized to make this arrest in any jurisdiction where the Sheriff has primary law enforcement responsibilities upon exigent circumstances and provided said offense occurred within the previous twenty-four (24) hours. -Prior to any officer making any such arrest pursuant to this paragraph, the officer shall notify the Palm Beach County Sheriffs Office Commanding Officer in charge of the district in which the action will be taken. This paragraph does not include the authority to make non-consensual or Forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this paragraph may be exercised only when In places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. i In all other jurisdictions within the Palm Beach County, the following shall apply: Sworn law enforcement officers of subscribing law enforcement agencies are hereby authorized to exercise the power to make arrests in any subscribing agency's jurisdiction of persons identified as a result of Investigations regarding any offense constituting a felony or any act of Domestic Violence as defined In Section 711.28, Florida Statutes, that occurred within the Jurlsdiotion of the arresting officer. However, this paragraph does not include authority to make non-consensual or forcible entries Into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this paragraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to this paragraph, the officer shall notify the Commanding Officer In charge of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. The Agency Head's decision in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the Immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rendering assistance pursuant to this Agreement, the Low Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy.. general order or standard operating procedure is contradicted, contravened or otherwise, in conflict with 3 { a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The Identity of the employees accused without regard to agency affiliation. If it is determined that the accessed Is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded without delay to the Agency Head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of , their agency`s policies or procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this i Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such, agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties Inside the employee's political subdivision In which normally employed. E. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. 4 F E C. Communication with personnel from outside agencies will be accomplished with a shared radio frequency. Should the agency furnishing aid not. have the capability to communicate on a shared radio frequency, then the requesting agency will either provide radios to the personnel of the agency furnishing aid or pair personnel from the agency furnishing aid with personnel from agencies that have the capability to communicate on a shared radio frequency. D. A political subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense Incurred In the operation and maintenance of that equipment. E. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of Its employees while they are rendering such*aid, Including any amounts paid or due for compensation due to personal Injury or death while such employees are engaged In rendering such assistance. F The privileges and Immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability; workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the some degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement, The provisions of this section shall apply with equal effect to paid,volunteer, auxiliary, and reserve employees. G. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. H. Nothing in this Agreement Is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VII. EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 31, 2017. On or about September 30, 2018, a committee will be established by the Palm Beach County Association of Chiefs of Police, Inc., to review this Agreement and revise, if necessary. Under no circumstances may this Agreement be renewed, amended, or extended except In writing. SECTION VIII: CANCELLATION Any agency may cancel their participatlon in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. i s { Attachment I Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Beach Police Department Hypoluxo—Town of Juno Beach Police Department _ Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lantana Police Department Manalapan Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach County Sheriffs Office Palm Reach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Pollee Department Palm Springs Police Department Riviera Beach Police Department South Palm Beach Police Department State-At tar-ney,-A teent"dleial-G#eult-fer PairA eeeh Geunty 1'equesta Police Department West Palm Beach,Police Department 7 GENERAL ORDER 522.00 SUBJECT: CRITICAL INCIDENT INVESTIGATIONS DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 1 of 7 RESCINDS CONTENTS: This General Order consists of the following numbered sections: I. COMPOSITION OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM II. RESPONSIBILITY OF THE C.I.I.T.INVESTIGATORS III. NOTIFICATIONS IV. POST CRITICAL INCIDENT- INVOLVED OFFICER V. POST CRITICAL INCIDENT ASSESSMENT TEAM DISCUSSION: The purpose of this order is to establish guidelines to investigate all officer-involved critical incidents and any other critical incidents, which the Sheriff deems necessary. PBSO in conjunction with the State Attorney's Office will investigate all officer-involved incidents expeditiously, thoroughly and professionally in order to factually establish what occurred. This order will apply to all employees. PROCEDURES: I. COMPOSITON OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM (C.I.I.T.) A. The C.I.I.T. Supervisor may, at his discretion, designate another supervisor to be the Team Supervisor. B. One or more detectives selected from the Violent Crimes Division. C. The Violent Crimes Division Commander, or designee, will act as the Investigation Coordinator and oversee all aspects of the criminal investigation. D. The C.I.I.T. Supervisor will provide Communications with a"Notification List for Critical Incidents"which will be retained on file in Communications. The C.I.I.T. Supervisor will periodically update the notification list. H. RESPONSIBILITY OF THE C.I.I.T. INVESTIGATORS A. If the incident involves a death of a human being, the Office of the Medical Examiner will be notified, and a request for a Forensic Investigator to respond to the scene will be made. B. The State Attorney's Office will be notified,as per their on-call policy. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 2o 7 C. Evidence will be preserved and collected, in conjunction with Crime Scene, including the officer's weapon(s). D. The processing and photographing of the scene will be overseen, in conjunction with the Crime Scene Supervisor. E. Interviews and statements given by witnesses will be tape recorded. F. An on-scene walk-through and/or interview with all witness officers or employees will be conducted. The C.I.I.T. and Crime Scene Investigators will conduct the interview of witnesses as a fact-finding process. C.LI.T. Investigators will advise witness officer(s) if a supplement report must be completed prior to going off- duty. In most cases the taped interview will serve as the officers' official report. G. An attempt to conduct an at-scene walk-through and interview with any civilian and/or co-defendant, none of whom can be compelled to give a statement, will be made. H. The C.I.I.T. Supervisor will conduct an on-scene critique, either on-site, or at a place and time designated by the C.I.I.T. Supervisor, to discuss the facts and circumstances with the following personnel: 1. C.I.I.T.members 2. The Commander of the Violent Crimes Division 3. The Crime Scene Supervisor or designee 4. The Internal Affairs (IA) Supervisor/Investigator 5. The Colonel of Legal Affairs or designee 6. The State Attorney or Assistant State Attorney and/or their investigators 7. Any other personnel deemed essential by the C.I.LT. Supervisor I. The Commander of the Violent Crimes Division will also conduct an on-scene critique of any video, audio, or digital recordings known to exist, and available, at that time. The Colonel of Legal Affairs, the Captain of Internal Affairs, and the State Attorney or the Assistant State Attorney present at the scene, or their designees, will be invited to review the aforementioned recordings. A determination will then be made whether to allow the legal representative of the involved officer to review any recordings. If so, prior to any such review, the legal representative shall obtain authority from the involved officer to review the recordings and to decide immediately following this review, on the officer's behalf, whether to participate in a walk-through. The legal representative will not be permitted to confer with the officer or convey any information obtained from the review prior to the walk-through. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 3 of 7 J. If the involved officer(s) decides, either individually or through his legal representative to participate in a walk-through interview conducted by a C.I.I.T. member, the involved officer(s) will not be allowed to review any criminal investigation evidence collected or obtained during the course of the criminal investigation, or if applicable, obtain any information about any recordings from his representative, prior to his interview. This interview will be tape and/or video-recorded. An IA Sergeant/Investigator will be present during any criminal walk-through interview conducted as part of a C.I.I.T. incident. The IA Sergeant/Investigator will not directly ask questions of the officer(s) involved during the criminal walk-through interview,but may ask the criminal investigator to clarify any information received during the criminal walk-through interview. An IA Sergeant/Investigator may, at his discretion,be present during any criminal witness interviews conducted as part of a C.LI.T. incident. The interviews of involved employees(s) must be voluntary. IA Sergeant/Investigators have the option of conducting the Administrative Investigation immediately after C.I.I.T. Investigators are finished, or at a later time. K. The Critical Incident Investigation Coordinator, or in his absence, the C.LI.T. Supervisor will ensure PBSO Executive Staff are apprised of all aspects of the investigation as it progresses. This will be a direct line, chain-of-command communication and should not be superseded. L. All reports and statements pertaining to any investigation conducted by the C.I.I.T.will be prepared and submitted as soon as reasonably possible. M. The C.I.I.T. Supervisor will conduct a post incident debriefing with the C.I.I.T. members, Communications Supervisor(s), IA Supervisor(s)/Investigator(s), Colonel of Legal Affairs or designee, State Attorney or designee, Crime Scene Supervisor or designee, and any other personnel deemed essential by the C.I.I.T. Supervisor. III. NOTIFICATIONS A. When a police related shooting or other type of critical incident occurs involving a deputy or an officer or agent from another law enforcement agency within the jurisdiction of PBSO, the Watch Commander and/or designee will notify the C.I.I.T. Supervisor, who upon reviewing the facts related to the incident, will determine whether the C.I.I.T. will be activated. Upon activation of the Team,the C.I.I.T. Supervisor will have Communications notify the persons listed in the following order: 1. The Commander of IA or designee. 2. The Crime Scene Supervisor who will respond to the scene. Additional crime scene personnel may then be called to assist with the investigation, at the discretion of the Crime Scene Supervisor or C.I.I.T. Supervisor. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 4 of 7 3. The Colonel of Legal Affairs, who will then determine if additional personnel from Legal Affairs will be called to assist. 4. The contracted PBSO Psychologist. 5. The Public Information Officer(PIO). 6. Staff page. 7. Incident Command Unit, if requested by C.I.I.T. Supervisor. B. The Watch Commander or designee will be responsible for the following: I. Take command of the scene and protect any known evidence until the arrival of the C,LLT. Supervisor or designee. 2. Secure the entire area with crime scene tape and remove all unauthorized persons, including officers not required inside the crime scene of the critical incident. 3. Assign a deputy or other personnel at the scene to maintain a log. The log will contain the following information: a. The names and ID numbers of officer(s) or other employees assigned duties at the scene, and what those duties are. b. The names of any person(s) who enter the scene, the time they enter the scene, reason for entering the scene, and the time they left the scene. 4. Ensure that all witnesses, including officers, remain at the scene and are separated to ensure proper police protocol and witness credibility. 5. Briefly speak with the involved officer(s) in order to ascertain a basic understanding of what occurred, so that affected supervisors may be briefed to better facilitate the investigation. 6. Advise the employee(s) involved and all witnesses not to discuss the details of the incident with any one else, regardless of rank, until they have been interviewed by C.I.I.T. This does not preclude questions regarding the condition of the witnesses or officers by appropriate supervisory personnel. Allow the involved employee(s) to confer with his attorney and the PBSO Psychologist, if requested. The attorney and PBSO Psychologist will be granted confidentiality rights as provided by state statute. 7 Provide a reasonable safe environment for the involved officer(s) who is waiting to be interviewed. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 5 of 7 S. Ensure that the needs of the involved employee(s) are met. 9. Immediately initiate an area canvass to locate and identify any additional witnesses who have information relevant to the critical incident. Any witnesses will be made known to the C.I.I.T. Supervisor, the lead investigator appointed by the C.I.I.T. Supervisor, and the Commander of IA or the IA Supervisor/Investigator appointed by that Commander. 10. Remain at the scene and take charge of the perimeter and security until relieved by the C.I.I.T. Supervisor. C. The C.I.I.T. Supervisor and the IA Sergeant/Investigator assigned to the Critical Incident Investigation will coordinate the Criminal and Administrative Investigations. D. The C.I.LT. and IA will investigate the following critical incidents, and any other incident deemed appropriate by the Sheriff. I. When a deputy or other sworn officer uses physical force resulting in death, or life threatening injuries likely to result in death of a human being. 2. When a deputy or other sworn officer has shot and injured a person,or has been shot and injured, and the incident occurred within Palm Beach County. 3. When a deputy or other sworn officer suffers a self-inflicted firearm injury, whether intentional or accidental. 4. Any death of a person who is in the custody of any deputy, or other sworn officer, or within the care, custody, and control of any PBSO correctional facility,upon request of the Commander of IA,or designee. 5. Any incident, which the Sheriff deems necessary. E. In the event any of the above critical incidents involving PBSO employees occur inside the jurisdiction of any city in Palm Beach County, the Watch Commander will respond to the scene and monitor the situation. The Watch Commander will also ensure that the appropriate staff notification is made via Communications. The C.I.I.T. Supervisor is notified for determination regarding C.I.I.T. response to monitor and/or assist the investigating agency (if requested). The Watch Commander will ensure that the Commander to which the involved officer(s) is assigned, the Colonel of Legal Affairs, and the Commander of IA are notified. The Commander of IA will determine which IA Sergeant/Investigator will respond to monitor the investigation. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 6 of 7 1. The Watch Commander will brief the C.I.I.T. member(s) and IA Supervisor(s)/Investigator(s) of what has occurred to that point, and then turn the investigation over to them. 2. IA has the option of conducting the Administrative Investigation immediately following the outside agency's investigation, or at a later date. F. The C.I.I.T. (only) will investigate the following critical incidents when an officer(s) or agent(s) from another law enforcement agency is involved in a critical incident within the jurisdiction of PBSO: I. The C.LI.T. will keep the affected law enforcement agency appraised of the progress of the investigation. 2. The C.I.I.T. may coordinate the investigation with the other agency, or conduct the investigation independent of the other agency, if the other law enforcement agency has concurrent jurisdiction. G. The IA Supervisor(s)IInvestigator(s)will be present and, if necessary,will: I. Conduct separate interviews with each deputy or other sworn officer, or employee. 2. Witness officer(s) and employees are required to cooperate in the Administrative Investigation. a. If a witness, officer(s) or employee(s) refuses to cooperate under the belief that he is a participant in the incident, the officer(s) will be treated as an involved officer. b. If a witness officer(s) or employee refuses to cooperate, and he is not under the belief that he is a participant, the IA Supervisor/Investigator will issue a lawful order to cooperate, with the warning that disciplinary action may be taken if the officer or employee refuses to comply with the order. H. All releases to the media will be released through, or in conjunction with, the PIO. IV. POST CRITICAL INCIDENT -INVOLVED OFFICER A. Prior to the involved officer(s) returning to duty an interview with the PBSO designated psychologist will be required. The officer(s) will also be advised of the availability of the Employee Assistance Program. B. The involved officer(s), while on administrative leave, will be available at all times for official interviews and statements regarding the incident and will be subject to recall at any time. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 1 7 of 7 C. The involved officer(s) is not to discuss the details of the investigation with anyone except the officer's private attorney, the PBSO Psychologist, and/or C.I.I.T. Investigators. D. The involved officer(s) will not discuss the details of the Administrative Investigation with anyone other than the Supervisor(s) of IA, pending the completion of the internal investigation, and acceptance by the Sheriff. V. POST CRITICAL INCIDENT ASSESSMENT TEAM A. The Post Critical Incident Assessment Team (PCIAT) will be responsible for conducting a tactical analysis of PBSO Critical Incidents. The members of the PCIAT will be selected by the Colonel of the Department of Legal Affairs or his designee. B. Cases will be selected under the direction of the Colonel of the Department of Legal Affairs for the purpose of risk assessment and in anticipation of litigation, and will be reviewed by the PCIAT on a quarterly basis. In addition, this assessment is to provide the Department of Legal Affairs information on current training and policies upon which to base possible revisions in training or policies, or both, so that the Sheriff's Office can better perform its functions of serving and protecting the public. C. Cases under consideration must be closed investigations, where a closeout letter from the State Attorney's Office has been received and the Internal Affairs Investigation has been completed. D. Members of the PCIAT will discuss the circumstances known at the time of the incident and the tactical decision making of deputies, supervisors and Communications personnel. E. The recommendations of PCIAT will be prepared at the direction of the Colonel of the Department of Legal Affairs and constitutes attorney/client privileged information regarding legal tactics and settlement strategy which is not subject to release as a public record under Chapter 119, Florida Statutes. Once prepared, the PCIAT will forward its assessment and recommendations to the Department of Legal Affairs. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Terry Stewart, Interim City Manager DATE: September 18, 2014 SUBJECT: AGENDA ITEM 8.R.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 APPROVAL OF THE MUTUAL AID AGREEMENT FOR THE MULTI-AGENCY BURGLARY APPREHENSION TASK FORCE BACKGROUND This is a Mutual Aid Agreement between the Delray Beach Police Department and multiple agencies throughout Broward and Palm Beach Counties to implement a Task Force to combat and apprehend inter jurisdictional burglary offenses and activity in compliance with the Florida Mutual Aid Act, F.S. 23.12. Specifically, the Broward Sheriffs Office Burglary Apprehension Team (and their City counterparts), Boca Raton's team and Palm Beach County's team, will be working together to combat burglaries throughout both counties. There is a strong need for this alliance between Broward County and Palm Beach County, especially since recent criminal activity indicates that criminals are crossing into different counties to commit crimes. This Mutual Aid Agreement will provide the City of Delray Beach, along with the other cities and counties who are participating in the Agreement, with "up to date" knowledge about crime trends in neighboring cities and counties, along with the resources to combat the crime. Other than the officer's participation, there is no additional cost to the City. The Mutual Aid Agreement length is for one year with automatic renewal periods unless we terminate the Agreement with 30 days written notice. OPERATING COST There is no financial cost to the City. FUNDING SOURCE Not applicable. RECOMMENDATION The Police Department recommends City Commission approval of the Mutual Aid Agreement for the Multi-Agency Burglary Apprehension Task Force. MUTUAL AID AGREEMENT BURGLARY APPREHENSION TASK FORCE WITNESSETH WHEREAS, the Subscribing Law Enforcement Agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to continuing multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the Subscribing Law Enforcement Agencies have the authority under section 23.12, Florida Statutes et. seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which permits voluntary cooperation across jurisdictional lines and establishing joint operations to combat law enforcement problems; and WHEREAS, the participating Law Enforcement Agencies have identified a need to establish a multi-agency task force to address burglary offenses occurring within Southern Palm Beach County and Broward County. NOW, THEREFORE, BE IT KNOWN that the undersigned parties, in consideration for mutual promises to render mutual aid, hereby agree as follows: SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION 1.1. The Subscribing Law Enforcement Agencies (herein also referred to individually as as an "Assisting Agency") hereby approve and enter into this Mutual Aid Agreement (the "Agreement") whereby each may render law enforcement assistance to the other for the purposes of jointly addressing burglary offenses and related criminal activity which may cross over into Palm Beach and Broward County and into each participating agency's jurisdictional boundaries. In rendering law enforcement assistance, the Subscribing Law Enforcement Agencies will assign law enforcement officers as needed to the task force, in a joint effort to address such criminal activity. 1.2. In furtherance of such voluntary cooperation, each agency's officers assigned to this task force shall be authorized to provide such assistance in each other participating agency's respective County and/or jurisdictional boundaries and are authorized to take any and all necessary law enforcement action in the investigation, apprehension and arrest of individuals while involved in the task force operations in furtherance of this Agreement. Mutual Aid Agreement- Burglary Apprehension Task Force SECTION 2: COMMAND AND SUPERVISOR RESPONSIBILITY 2.1 The personnel and equipment that are assigned by the Assisting Agency Head shall be under the immediate control of a supervising officer of the Assisting Agency Head and the responsibility for the conduct of the task force members shall remain with their respective participating agency heads. The day-to-day operation and administrative control of the Task Force will be the responsibility of the Task Force Supervisors, one of which shall be appointed by the Palm Beach County Sheriff's Office and one appointed by the Broward County Sheriff's Office. Participating agencies can and are encouraged to provide targets in their jurisdictions and each request will be evaluated and addressed on a priority basis by the Task Force Supervisors. 2.2 If a member of a subscribing law enforcement agency is involved in a "critical incident" as set forth in Palm Beach County Sheriff's Office General Order 522.00 (Critical Incident Investigations), while rendering law enforcement assistance in Palm Beach County as set forth in this Agreement, the subscribing law enforcement agency and its member agrees to adhere to that General Order. See Exhibit A. Further, the subscribing law enforcement agency agrees that if one of their law enforcement officers is involved in a critical incident in Palm Beach County, the "involved" or "witness" officer will remain at the scene of the critical incident and comply with Palm Beach County Sheriffs Office General Order 522.00. SECTION 3: CONFLICTS 3.1 Whenever a law enforcement officer is rendering assistance pursuant to this Agreement, the law enforcement officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure of the Assisting Agency is contradicted, contravened or otherwise in conflict with a direct order of a Task Force Supervisor , then such rule, regulation, policy, general order or procedure of the Assisting Agency shall control and shall supercede the direct order. SECTION 4: HANDLING OF COMPLAINTS 4.1 Whenever there is a cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the complaint shall be forwarded to the Task Force Supervisor or his/her designee who shall be responsible for the documentation of said complaint to ascertain at a minimum: a. The identity of the Complainant b. An address where the complaining party can be contacted c. The specific allegation d. The identity of the employees accused without regard as to agency affiliation 2 Mutual Aid Agreement- Burglary Apprehension Task Force 4.2 If it is determined that the accused is an employee of an Assisting Agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the Assisting Agency for review and any action that such agency deems appropriate. SECTION 5: LIABILITY 5.1 Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's own employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. Each agency further agrees to indemnify and hold harmless the other subscribing agency, its agents, appointees, employees, designees and representatives from any and all claims, demands, judgments, suits and verdicts, cause and causes of action relating to the actions of its own officers in the performance of this Agreement. SECTION 6: POWERS, PRIVILEGES, IMMUNITIES AND COSTS 6.1 Under the terms of this Agreement, an employee of a Subscribing Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of the employee's jurisdictional limits, but in such areas as stated in this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which he/she is normally employed. 6.2 Each Subscribing Law Enforcement Agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other party to the Agreement as set forth above, provided however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. 6.3 A political subdivision that furnishes equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. 6.4 The Assisting Agency will pay the salary, benefits, overtime and other compensation to its Officers assigned to the task force, including any amounts paid or due for compensation due to personal injury or death while such Officer is engaged in rendering such assistance. 6.5 The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of an employee of an agency when 3 Mutual Aid Agreement- Burglary Apprehension Task Force performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. SECTION 7: FORFEITURE 7.1 The Assisting Agency in whose jurisdiction property is seized will maintain the seized property and determine whether there is a good-faith basis to initiate forfeiture proceedings related to property seized by it in the course of the task force investigations relating to this Agreement. 7.2 In cases of overlapping jurisdiction between a County Assisting Agency and a Municipality Assisting Agency, the municipality shall be responsible for any forfeiture of seized property in accordance with Section 7.1, unless otherwise agreed to by the municipality and the county. 7.3 If forfeiture proceedings are initiated on the seized property and a forfeiture judgment is entered, the Assisting Agency that maintained the forfeiture action will receive, after deduction of legal expenses, a full share, and then shall allocate an equal share of the currency forfeited or of the proceeds of the forfeiture to each participating agency that assigns a full-time officer to this task force, and a one-half (112) share to each participating agency that assigns an officer part-time to this task force. Each participating agency may request that the other agencies provide information regarding the seized assets which are subject to sharing under this Agreement and information regarding the forfeiture proceedings. SECTION 8: INSURANCE 81 Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION 9: EFFECTIVE DATE 9.1 This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect for a one year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. This Agreement will be automatically renewed for consecutive one year periods as to the participating agencies that have not provided a notice of termination as set forth herein. 4 Mutual Aid Agreement- Burglary Apprehension Task Force IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. PALM BEACH COUNTY SHERIFF'S OFFICE Ric L. Bradshaw, Sheriff Date BOCA RATON POLICE DEPARTMENT Chief Daniel Alexander Date BOYNTON BEACH POLICE DEPARTMENT Chief Jeffrey S. Katz Date CITY OF DELRAY BEACH DELRAY BEACH POLICE DEPARTMENT By: Cary Glickstein, Mayor ATTEST: Chief Jeff Goldman Date Chevelle Nubin, City Clerk Approved as to form and legal sufficiency: BROWARD COUNTY SHERIFF'S OFFICE Noel Pfeffer, City Attorney Scott J. Israel, Sheriff Date Approved as to form and legal sufficiency, subject to execution by the parties: By: Ronald M. Gunzburger General Counsel, Broward County Sheriff's Office 5 Mutual Aid Agreement-Burglary Apprehension Task Force CORAL SPRINGS POLICE DEPARTMENT Chief Tony Pustizzi Date 6 GENERAL ORDER 522,00 SUBJECT: CRITICAL INCIDENT INVESTIGATIONS DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 1 of 7 RESCINDS CONTENTS: This General Order consists of the following numbered sections: I. COMPOSITION OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM (C.I.I.T.) II. RESPONSIBILITY OF THE C.I.I.T.INVESTIGATORS III. NOTIFICATIONS IV. POST CRITICAL INCIDENT- INVOLVED OFFICER V. POST CRITICAL INCIDENT ASSESSMENT TEAM DISCUSSION: The purpose of this order is to establish guidelines to investigate all officer-involved critical incidents and any other critical incidents, which the Sheriff deems necessary. PBSO in conjunction with the State Attorney's Office will investigate all officer-involved incidents expeditiously, thoroughly and professionally in order to factually establish what occurred. This order will apply to all employees. PROCEDURES: I. COMPOSITON OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM (C.I.I.T.) A. The C.I.I.T. Supervisor may, at his discretion, designate another supervisor to be the Team Supervisor. B. One or more detectives selected from the Violent Crimes Division. C. The Violent Crimes Division Commander, or designee, will act as the Investigation Coordinator and oversee all aspects of the criminal investigation. D. The C.I.I.T. Supervisor will provide Communications with a"Notification List for Critical Incidents"which will be retained on file in Communications. The C.I.LT. Supervisor will periodically update the notification list. II. RESPONSIBILITY OF THE C.I.I.T. INVESTIGATORS A. If the incident involves a death of a human being, the Office of the Medical Examiner will be notified, and a request for a Forensic Investigator to respond to the scene will be made. B. The State Attorney's Office will be notified, as per their on-call policy. EXHIBIT GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER I PAGE__+_ 051613 032111 13-4 2 of 7 C. Evidence will be preserved and collected, in conjunction with Crime Scene, including the officer's weapon(s). D. The processing and photographing of the scene will be overseen, in conjunction with the Crime Scene Supervisor. E. Interviews and statements given by witnesses will be tape recorded. F. An on-scene walk-through and/or interview with all witness officers or employees will be conducted. The C.I.I.T. and Crime Scene Investigators will conduct the interview of witnesses as a fact-finding process. C.I.I.T. Investigators will advise witness officer(s) if a supplement report must be completed prior to going off- duty. In most cases the taped interview will serve as the officers' official report. G. An attempt to conduct an at-scene walk-through and interview with any civilian and/or co-defendant, none of whom can be compelled to give a statement, will be made. H. The C.I.I.T. Supervisor will conduct an on-scene critique, either on-site, or at a place and time designated by the C.I.I.T. Supervisor, to discuss the facts and circumstances with the following personnel: 1. C.I.I.T. members 2. The Commander of the Violent Crimes Division 3. The Crime Scene Supervisor or designee 4. The Internal Affairs (IA) Supervisor/Investigator 5. The Colonel of Legal Affairs or designee 6. The State Attorney or Assistant State Attorney and/or their investigators 7. Any other personnel deemed essential by the C.I.I.T. Supervisor I. The Commander of the Violent Crimes Division will also conduct an on-scene critique of any video, audio, or digital recordings known to exist, and available, at that time. The Colonel of Legal Affairs, the Captain of Internal Affairs, and the State Attorney or the Assistant State Attorney present at the scene, or their designees, will be invited to review the aforementioned recordings. A determination will then be made whether to allow the legal representative of the involved officer to review any recordings. If so, prior to any such review, the legal representative shall obtain authority from the involved officer to review the recordings and to decide immediately following this review, on the officer's behalf, whether to participate in a walk-through. The legal representative will not be permitted to confer with the officer or convey any information obtained from the review prior to the waIk-through. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 3 of 7 J. If the involved officer(s) decides, either individually or through his legal representative to participate in a walk-through interview conducted by a C.I.I.T. member, the involved officer(s) will not be allowed to review any criminal investigation evidence collected or obtained during the course of the criminal investigation, or if applicable, obtain any information about any recordings from his representative, prior to his interview. This interview will be tape and/or video-recorded. An IA Sergeant/Investigator will be present during any criminal walk-through interview conducted as part of a C.I.I.T. incident. The IA Sergeant/Investigator will not directly ask questions of the officer(s) involved during the criminal walk-through interview, but may ask the criminal investigator to clarify any information received during the criminal walk-through interview. An IA Sergeant/Investigator may, at his discretion, be present during any criminal witness interviews conducted as part of a C.I.I.T. incident. The interviews of involved employees(s) must be voluntary. IA Sergeant/Investigators have the option of conducting the Administrative Investigation immediately after C.I.I.T. Investigators are finished, or at a later time. K. The Critical Incident Investigation Coordinator, or in his absence, the C.I.I.T. Supervisor will ensure PBSO Executive Staff are apprised of all aspects of the investigation as it progresses. This will be a direct line, chain-of-command communication and should not be superseded. L. All reports and statements pertaining to any investigation conducted by the C.I.LT. will be prepared and submitted as soon as reasonably possible. M. The C.I.I.T. Supervisor will conduct a post incident debriefing with the C.I.I.T. members, Communications Supervisor(s), IA Supervisor(s)/Investigator(s), Colonel of Legal Affairs or designee, State Attorney or designee, Crime Scene Supervisor or designee, and any other personnel deemed essential by the C.I.I.T Supervisor. III. NOTIFICATIONS A. When a police related shooting or other type of critical incident occurs involving a deputy or an officer or agent from another law enforcement agency within the jurisdiction of PBSO, the Watch Commander and/or designee will notify the C.LI.T. Supervisor, who upon reviewing the facts related to the incident, will determine whether the C.I.I.T. will be activated. Upon activation of the Team,the C.I.I.T. Supervisor will have Communications notify the persons listed in the following order: 1. The Commander of lA or designee. 2. The Crime Scene Supervisor who will respond to the scene. Additional crime scene personnel may then be called to assist with the investigation, at the discretion of the Crime Scene Supervisor or C.I.I.T. Supervisor. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 4 of 7 3. The Colonel of Legal Affairs, who will then determine if additional personnel from Legal Affairs will be called to assist. 4. The contracted PBSO Psychologist, 5. The Public Information Officer(PIO). 6. Staff page. 7. Incident Command Unit, if requested by C.I.I.T. Supervisor. B. The Watch Commander or designee will be responsible for the following: 1. Take command of the scene and protect any known evidence until the arrival of the C.LLT. Supervisor or designee. 2. Secure the entire area with crime scene tape and remove all unauthorized persons, including officers not required inside the crime scene of the critical incident. 3. Assign a deputy or other personnel at the scene to maintain a Iog. The log will contain the following information: a. The names and ID numbers of officer(s) or other employees assigned duties at the scene, and what those duties are. b. The names of any person(s) who enter the scene, the time they enter the scene, reason for entering the scene, and the time they Ieft the scene. 4. Ensure that all witnesses, including officers, remain at the scene and are separated to ensure proper police protocol and witness credibility. 5. Briefly speak with the involved officer(s) in order to ascertain a basic understanding of what occurred, so that affected supervisors may be briefed to better facilitate the investigation. 6. Advise the employee(s) involved and all witnesses not to discuss the details of the incident with any one else, regardless of rank,until they have been interviewed by C.I.I.T. This does not preclude questions regarding the condition of the witnesses or officers by appropriate supervisory personnel. Allow the involved employee(s) to confer with his attorney and the PBSO Psychologist, if requested. The attorney and PBSO Psychologist will be granted confidentiality rights as provided by state statute. 7. Provide a reasonable safe environment for the involved officer(s) who is waiting to be interviewed. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 5 of 7 8. Ensure that the needs of the involved employee(s) are met. 9. Immediately initiate an area canvass to locate and identify any additional witnesses who have information relevant to the critical incident. Any witnesses will be made known to the C,I.I.T. Supervisor, the lead investigator appointed by the C.I.I.T. Supervisor, and the Commander of IA or the IA Supervisor/Investigator appointed by that Commander. 10. Remain at the scene and take charge of the perimeter and security until relieved by the C.I.I.T. Supervisor. C. The C.I.I.T. Supervisor and the IA Sergeant/Investigator assigned to the Critical Incident Investigation will coordinate the Criminal and Administrative Investigations. D. The C.I.I.T. and IA will investigate the following critical incidents, and any other incident deemed appropriate by the Sheriff. 1. When a deputy or other sworn officer uses physical force resulting in death, or life threatening injuries likely to result in death of a human being. 2. When a deputy or other sworn officer has shot and injured a person, or has been shot and injured, and the incident occurred within Palm Beach County. 3. When a deputy or other sworn officer suffers a self-inflicted firearm injury, whether intentional or accidental. 4. Any death of a person who is in the custody of any deputy, or other sworn officer, or within the care, custody, and control of any PBSO correctional facility, upon request of the Commander of IA, or designee. 5. Any incident,which the Sheriff deems necessary. E. In the event any of the above critical incidents involving PBSO employees occur inside the jurisdiction of any city in Palm Beach County, the Watch Commander will respond to the scene and monitor the situation. The Watch Commander will also ensure that the appropriate staff notification is made via Communications. The C.I.I.T. Supervisor is notified for determination regarding C.I.I.T. response to monitor and/or assist the investigating agency (if requested). The Watch Commander will ensure that the Commander to which the involved officer(s) is assigned, the Colonel of Legal Affairs, and the Commander of IA are notified. The Commander of IA will determine which IA Sergeant/Investigator will respond to monitor the investigation. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 71 6 of 7 1. The Watch Commander will brief the C.I.I.T. member(s) and IA Supervisor(s)/Investigator(s) of what has occurred to that point, and then turn the investigation over to them. 2. IA has the option of conducting the Administrative Investigation immediately following the outside agency's investigation, or at a later date. F. The C.I.I.T. (only) will investigate the following critical incidents when an officer(s) or agent(s) from another law enforcement agency is involved in a critical incident within the jurisdiction of PBSO: 1. The C.I.I.T. will keep the affected law enforcement agency appraised of the progress of the investigation. 2. The C.I.I.T. may coordinate the investigation with the other agency, or conduct the investigation independent of the other agency, if the other law enforcement agency has concurrent jurisdiction. G. The IA Supervisor(s)/Investigator(s)will be present and, if necessary,will: 1. Conduct separate interviews with each deputy or other sworn officer, or employee. 2. Witness officer(s) and employees are required to cooperate in the Administrative Investigation. a. If a witness, officer(s) or employee(s) refuses to cooperate under the belief that he is a participant in the incident, the officer(s) will be treated as an involved officer. b. If a witness officer(s) or employee refuses to cooperate, and he is not under the belief that he is a participant, the IA Supervisor/Investigator will issue a lawful order to cooperate, with the warning that disciplinary action may be taken if the officer or employee refuses to comply with the order. H. All releases to the media wiII be released through, or in conjunction with,the PIO. IV. POST CRITICAL INCIDENT -INVOLVED OFFICER A. Prior to the involved officer(s) returning to duty an interview with the PBSO designated psychologist will be required. The officer(s) will also be advised of the availability of the Employee Assistance Program. B. The involved officer(s), while on administrative leave, will be available at all times for official interviews and statements regarding the incident and will be subject to recall at any time. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 051613 032111 13-4 7 of 7 C. The involved officer(s) is not to discuss the details of the investigation with anyone except the officer's private attorney, the PBSO Psychologist, and/or C.I.I.T. Investigators. D. The involved officer(s) will not discuss the details of the Administrative Investigation with anyone other than the Supervisor(s) of IA, pending the completion of the internal investigation, and acceptance by the Sheriff. V. POST CRITICAL INCIDENT ASSESSMENT TEAM A. The Post Critical Incident Assessment Team (PCIAT) will be responsible for conducting a tactical analysis of PBSO Critical Incidents. The members of the PCIAT will be selected by the Colonel of the Department of Legal Affairs or his designee. B. Cases will be selected under the direction of the Colonel of the Department of Legal Affairs for the purpose of risk assessment and in anticipation of litigation, and will be reviewed by the PCIAT on a quarterly basis. In addition, this assessment is to provide the Department of Legal Affairs information on current training and policies upon which to base possible revisions in training or policies, or both, so that the Sheriff's Office can better perform its functions of serving and protecting the public. C. Cases under consideration must be closed investigations, where a closeout Ietter from the State Attorney's Office has been received and the Internal Affairs Investigation has been completed. D. Members of the PCIAT will discuss the circumstances known at the time of the incident and the tactical decision making of deputies, supervisors and Communications personnel. E. The recommendations of PCIAT will be prepared at the direction of the Colonel of the Department of Legal Affairs and constitutes attorney/client privileged information regarding legal tactics and settlement strategy which is not subject to release as a public record under Chapter 119, Florida Statutes. Once prepared, the PCIAT will forward its assessment and recommendations to the Department of Legal Affairs. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Randal Krejcarek, Director of Environmental Services Department Isaac Kovner, City Engineer THROUGH: Terry Stewart, Interim City Manager DATE: August 13, 2014 SUBJECT: AGENDA ITEM 8.S.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 REIMBURSEMENT TO FLORIDA EAST COAST(FEC)FOR RAILROAD REHABILITATION WORK LOCATED AT S.E. 10TH STREET.PROJECT#14-092 BACKGROUND Consider a recommendation to approve the reimbursement to FEC in the amount of$62,824.09 (copy attached) for the reconstruction/maintenance of railroad crossing located at S.E. 10th Street, Delray Beach. Note that per Supplemental Agreement No. 2 (copy attached) the City is obligated to reimburse FEC for routine maintenance/repairs performed on FEC railroad crossings. Work performed on S.E. 10th Street was completed in April 2014. Project#14-092. Gulfstream Engineering Company (General Contractor: providing the labor, equipment, materials, and supervision as necessary to reconstruct the railroad crossing located at S.E. 10th Street) submitted an Invoice (FEC 4646) to FEC for payment. The City is responsible to reimburse FEC in the amount of $37,596.27 (does not include other incidental charges tabulated below) for work performed on the railroad crossing. In 1992, the City entered into an Agreement with Florida East Coast Railroad (FEC) (Resolution #96- 91). The Agreement provides for a public crossing of the FEC right-of-way at S.E. 10th Street. Furthermore, the Agreement also obligates the City to reimburse the FEC for any maintenance performed at the railroad crossing. There are currently II FEC railroad crossings that the City is responsible for maintaining. The last scheduled maintenance for S.E. 10th Street was completed in August 2008. Routine track rehabilitation and maintenance occurs about every 5-6 years. Per the signed Resolution #96-91, the City is responsible to reimburse FEC its portion of work performed on the railroad crossing located on S.E. 10th Street. Additionally, the City is responsible to reimburse FEC for other charges related to the rehabilitation of the railroad crossing such as: Outside Contractors, Railroad Protective Services, Per Diem Fees, FEC Equipment Rentals, and FEC Administration Fees. The following is a complete cost breakdown for the $62,824.09 owed to FEC: 1. Gulfstream Engineering Company (GEC) - $37,596.27 was invoiced to FEC on 5/12/14 (FEC 4646). 2. Corporate Lodging Consultants- $253.58 3. Corporate Lodging Consultants- $670.75 Sub-Total Cost from Invoices/Outside Contractors - $38,520.60 1. FEC Hourly Labor/Meals/Per Diem- $6,992.21 2. FEC Salaried Employees- $761.71 3. FEC Equipment— $9,238.65 4. FEC Materials from Inventory- $6,563.55 5. Work Train- $747.37 Sub-Total Cost from FEC Administration Staff- $24,303.49 Grand Total Owed to FEC for Repairs to the S.E. 10141 Railroad Crossing= $62,824.09 Staff has reviewed the submitted invoices from FEC and has confirmed the cost allocations of the work were performed correctly. Funding for this work is budgeted in FY15 CIP (Account #334-3162-541.46-90). Additionally, a copy of the invoice and a location map of the crossing are attached. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before City Commission is to approve an invoice from FEC in the amount of $62,824.09 for the reconstruction of the railroad crossing located at S.E. 10th Street. OPERATING COST N/A TIMING OF THE REQUEST FEC has requested that the City pay the submitted invoice by 8/14/14, thus the timing of this request is of high importance. FUNDING SOURCE Funding is available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). RECOMMENDATION Staff recommends approval of Invoice No. 42530862 from FEC in the amount of$62,824.09. A G R E E M E N T C 0 m P N y DATE SIGNED AGREEMENT AMOUNT COMMISSION APPROVAL/TERM - SCOPE OF WORK: ---------- COMMENTS: de:�� ----------------- ----------- RENEWAL ADDITIONAL INFORMATION: 2/90 BG A G R E E M E N T Fe e wad' DATE SIGNED AGREEMENT AMOUNT TERM SCOPE OF WORK: S E 10 S COMMENTS, 7`!Z( T"5/ AG E' EM-_iV T C/T�� F r,>o 7 -f FAG RENEWAL J ADDITIONAL INFORMATION: 2/90 BG FORM 725-090-25-A REPLACES 722.35 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 70AIS _ OFFICE OF PUBLIC TRANSPORTATION P`°` I. R, -ROAD REIMBURSEMENT AGREE .NT GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES-MUNICIPAL COUNTY SECTION J06 NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL 6 R/W NUMBER FAR NUMBER 93 000 6949 S.E. 10th ST. PALM BEACH 1(SIG-R) RRP-ODOS(382) THIS AGREEMENT, made and entered into this day of 19 by and between the STATE OF FLORIDA DEPARTMENT.OF„TRANSPORTAION, hereinafter called th DEPARTMENT, and FLORIDA EAST COAST RAILWAY COMPANY corporation organized and existing under the laws of FLORIDA` with its principE place of business in the City of ST. AUGUSTINE , County. of --- -SL JOHNS , Stat of FLORIDA , hereinafter called the COMPANY; and the City of DELRAY BEACH municipal corporation, hereinafter called the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion c the Public Road System, designated by the DEPARTMENT as Job No. 93000-6949 I51sX Cf( at S.r_ loth ST. au , which crosses at grade the right-o way and tracks of the COMPANY at a point 4508 feet 50 from the COMPANY' Milepost 317 FDOT/AAR Crossing Number 272495-D at or nee DELRAY BEACH as shown on the DEPARTMENT'S Plan Sheet No. ONE attache hereto as a part hereof;and NOW,THEREFORE,in consideration of the mutual undertakings as herein set forth,the parties heret agree as follows: 1. The COMPANY hereby,grants to the DEPARTMENT the right to construct the said Road at grad) and necessary approaches thereto,across its right of way and over its track(s) at the hereinabove referre to location. 2. The COMPANY will provide, furnish or have furnished, all necessary materials required for, an will construct or have constructed at the DEPARTMENT'S expense a Standard Railroad Crossing Tyr "T” MOD. in accordance with the DEPARTMENT'S Standard Index No. 560 attached hereto and k this reference made a part hereof. Upon completion of the crossing the COMPANY shall be responsib for the maintenance cost of all trackbed and rail components plus the highway roadbed and surfac for the width of the rail ties within the crossing area. The CITY shall be responsible for the maintenanc cost of the highway roadbed outside of the railway ties. IT BEING EXPRESSLY UNDERSTOOD AN AGREED that the COMPANY may, at its option and upon notification to the CITY, perform such period maintenance work and bill the CITY directly for costs thus Incurred that are the responsibility of th CITY. FORM 725.090.25-a REPLACES 722-36 ' scree I.AOE;:46. 3. It Is further agreed mutually between the parties hereto that the grade crossing as recognized by this Agreement: (a) Is adequately signalized for the safe operation of the general public. However should future highway traffic conditions warrant additional crossing traffic control devices through use of automatic grade crossing traffic control devices, including signals with or without gates, or grade separation structure(s); then, such additional traffic control devices and/ or structure(s) will be installed as necessary at the complete cost and expense of the CITY. IT IS EXPRESSLY UNDERSTOOD AND AGREED that once a determination has been made as to the type of facility to be installed, whether signals or structure, such installation will be the subject of a supplemental agreement which will set forth the maintenance responsibility as governed by the applicable State and/or Federal policy at the time of such installation'," X (b) Presently requires the installation of grade crossing traffic control devices and the DEPARTMENT agrees to pay such cost subject to the COMPANY'S participation as specified in Paragraph 13; such installation to be in accordance with plans and specifications as approved by the DEPARTMENT. The COMPANY shall furnish the necessary materials and install automatic grade crossing signals and/or traffic control devices at said location on an actual cost basis,and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and by reference made a part hereof. After installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining the same shall be borne by the CITY $nd fifty (50) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices attached hereto and by this reference made a part hereof. After said signals have been installed and found to be in satisfactory working order by the parties hereto,the same shall be immediately put into service,operated and maintained by the COMPANY so long as said COMPANY or successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary; or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the COMPANY, but at the expense of the party Initiating such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement. 4. All work contemplated hereunder shall at all times be subject to the approval of the COMPANY'S Chief Engineer or his authorized representative.The DEPARTMENT,or DEPARTMENT'S contractor,shall give the COMPANY'S Division Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the performance of any work within the limits of the COMPANY'S right-of-way; 5. Unless otherwise agreed upon herein, the CITY agrees to Insure that at the crossing the advance warning signs and railroad crossing pavement marking will conform to the MUTCD within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level, 6. The DEPARTMENT will reimburse the COMPANY for the cost of watchman or flagging service when the DEPARTMENT'S contractor is carrying outwork adjacent to the COMPANY'S tracks and whenever the contractor is performing work requiring the movement of employees, trucks, or other equipment across the tracks of the COMPANY, or when at other times the COMPANY and the DEPARTMENT shall agree that such a service is necessary.Such costs shall be accrued and billed directly to the DEPARTMENT as specified in Paragraph 9. REPLACE!TZZ-3t Tae ' PAOf[3 of 0 7. The DEPARTMENT will require its contractor to furnish Railroad Protective Public Liability and Railroad Protective Property Damage Liability Insurance In a combined amount of$2,000,000,00 dollars, for all personal Injuries, death, or property damage, per occurrence arising during the policy period. The maximum dollar amounts of coverage to be reimbursed from Federal funds, with respect to bodily injury, death, and property damage, Is limited-to a combined amount of $6,000,000,00 per occurrence unless approval for larger amount by the FHWA Division Administrator Is made a part of this Agreement. The DEPARTMENT will also require its contractor to furnish the COMPANY a Certificate of Insurance showing that the contractor carries liability Insurance (applicable to the job In question) In the amount of $2,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the Policy period.Such Insurance€s to conform with the requirements of the U.S.Department of Transportation, Federal Highway Administration, Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 2,Subsection 2,Transmittal 350 dated October 1, 1982,and any supplements thereto or revisions thereof. 8. The DEPARTMENT will bear the cost of all temporary and permanent changes made necessary in the COMPANY'S signal wire line or other facilities and In the wire line facilities of any utility that has compensable Interest on the COMPANY'S right-of-way occasioned by the construction of said crossing the occupancy of the COMPANY'S property, provided such costs are accrued as specified in Paragraph 8. i 9. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said Road in accordance with the provisions set forth in the; (a) Department Procedure 132-046"Reimbursement for Utility and Railroad Relocation,"dated October 1, 1973, and Rule 014-46.002 "Respons€bility for the Cost of Railroad/Highway Crossings,"Florida Administrative Code dated February 3, 1971, X (b) Federal Highway Administration Federal Aid Highway Program Manual Volume 1, Chapter 4, Section 3, dated August 51 1975; and Volume 6, Chapter 6, Section 2, Subsection 1, dated April 24, 1984, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work with Its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration,when applicable. 10. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the adjustment of said facilities, in accordance with the provisions of the above Indicated Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not Incorporated within this agreement shall not be subject to payment by the DEPARTMENT. 11. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY.pursuant to the terms hereof,and an estimate of the cost thereof In the amount of$ 132 809.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT, and the Federal Highway Administration of federal aid participating; and ell subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration,when applicable. �qu ns-o90-zs-. _PLACES f27-78 ree �OE4e/e 12. All labor, services, materials and equipment furnished by the COMPANY In carrying out the work a be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT.Separate records s to the costs of contract bid items and force account items performed for the COMPANY shall also e furnished by the COMPANY to the DEPARTMENT. 13. The COMPANY has determined that the method to be used in deveioping the relocation or -istallation cost shall be as specified for the method checked and described hereafter: X (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approvgd by the DEPARTMENT. (c) An agreed lump sum of $ , as supported by a detail analysis of estimated cost attached hereto. (NOTE. This method Is not applicable where the estimated cost of the proposed adjustment exceeds$100,000.) 14. The installation and/or adjustment of the COMPANY'S facility as planned OM W-will not) involve .dditional work over and above the minimum reimbursable requirements of the DEPARTMENT. (if ,pgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against e cost of the project is required and will be governed by the method checked and described hereafter): N/A (a) % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (expired service life) and/or (non- reimbursable segments). N/A (b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be .The COMPANY further agrees to clearly identify such additional work areas in the COMPANY's plans and estimates_ for the total work covered by this Agreement, N/A (c) $ credited for (betterment) and/or (expired service life) and/ or(nonreimbursable segments) in accord with Article 13.(c) herein above. 15. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the )EPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY is a result of the above adjustment work. 16. It is further agreed that the cost of all Improvements made during this adjustment work shall )e borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as epresents the cost of adjustment of previously existing facility, less salvage credit as set forth In the mmediately preceding paragraph. FORM 725.00D-25-9 R EPLACE3 722.3$ 10188 PAGE of 17.-Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of,cost in the relocation following the pattern set out in the approved estimate as closely as is possible,Salvage credits from recovered and replace permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT.Upon receipt of invoices, prepared in accordance with the provision of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor, 18. Should the use of said Crossing be abandoned, due to the removal of the roadway, then all rights hereby granted to the CITY shall thereupon cease and terminate and the CITY will, as its sole cost and in a manner satisfactory to the COMPANY, remove said Crossing and restore the COMPANY'S property to the condition previously found, providing that the COMPANY may, at its option, remove :he said Crossing and restore its property, and the CITY will, in such event, upon bill rendered, pay o the COMPANY the entire cost incurred by it in such removal and restoration , provided such costs ire accrued as specified In Paragraph 9. 19. The COMPANY covenants and agrees that it will indemnify and hold harmless the DEPARTMENT ind all of the DEPARTMENT'S officers,agents,and employees from any claim, loss, damage, cost charge )r expense arising out of any act, action, neglect, omission or delay by the COMPANY during the performance of the contract, whether direct or indirect, and whether to any person or property to which he DEPARTMENT or said,parties may be subject; except that neither the COMPANY nor any of its ub-contractors will be liable under this section for damages arising out of injury or damage to persons r property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its ificers,agents or employees. i FORM 725-090-25.. REPLACES 722-78 - ives IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed,the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: is ric ecre ary (SEAL) ATTEST:' Secretary COMPANY: -FLORIDA PAST rQArYT RAT) BY: (SEAL) ATTEST: CITY OF }t , FLORIDA �� y !'*� BY: ( L) ! c (Title: f ARMCft AS ro jr 7U,. � ATTEST: ry Gc ASST Approved as to Form,Legality Approved as to Funds Approved as to FHPM and Execution Available Requirements - BY: BY: BY: Attorney-DOT Date Fiscal-DOT Date FHWA Date S'. 1 OF FLORIDA DEPARTMENT OF TRAi RTATION OFFICE OF PUBLIC TRANSPORTATi-a RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES-MUNICIPAL SUPPLEMENTAL AGREEMENT NO. TWO (2) [COUNTY SECTION JOB ROAD NAME COUNTY NAME PARCEL & PAP NUMBER OR NUMBER R W NUMBER NUMBER 93 000 6949 SE 10th St. Palm Beach 1(SIG-R; RRP-000s (382) THIS AGREEMENT, made and entered into this 1G day of J4Q U%A-14 .19 012 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and FLORIDA EAST COAST RAILWAY CO a corporation organized and existing under the laws of Florida , with its principal place of business in the City of _ St. Augustine County of St. Johns , State of Florida hereinafter called the COMPANY; and the City of DELRAY BEACH a municipal corporation, hereinafter called the CITY. WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road System, designated by the DEPARTMENT y as Job No. 93000-6949 , between at SE 10th St. which crosses at grade the right-of-way and tracks of the COMPANY at a point 4506 feet South from the ,CoMPANY'S Milepost 317 , FDOT/AAR Crossing Number 272495-D_, at or near Delray Beach , as shown on DEPARTHENT'S Plan Sheet No. One , attached hereto as a part hereof; and WHEREAS, the CITY and the COMPANY have heretofore on the 23rd day of Ma 1972 , entered into a RAILROAD LICENSE AGREEMENT for construction and improvement of said railroad grade crossing; and for furnishing necessary materials and installing automatic grade crossing signals and/or other traffic control devices at said railroad grade crossing; and NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install automatic grade crossing signals and/or other traffic control devices at 31RR-10 1 �y,' (2/91) said location on an actual cost basis, and in accordance with the DEPARTMENT'S Plan and Standards Index Number 17882 attached hereto and by reference made a part hereof. After said traffic control devices have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service. After installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining the same shall be borne by the City and fifty J(50) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices attached hereto and by this reference made a part hereof. 2. The COMPANY hereby grants to the DEPARTMENT the right to construct the said Highway at grade, and necessary approaches thereto, across its right of way and over its track(s) at the hereinabove referred to location. 3. The COMPANY will: provide, furnish or have furnished, all necessary materials required for, and will construct or have constructed at the DEPARTMENT'S expense a Standard Railroad Crossing Type "T" Mod., in accordance with the DEPARTMENT'S Standard Index No. 560 attached hereto and by this reference made a part hereof. Upon completion of the crossing the CITY shall be responsible for the maintenance cost of said crossing from the right of way line to right of way line of the COMPANY including the portion of said crossing over and across the COMPANY'S existing or future tracks and over and between the ties therein. 4. All work contemplated hereunder shall at all times be subject to the approval of COMPANY'S Chief Engineer or his authorized representative. The DEPARTMENT, or the DEPARTMENT'S Contractor, shall give COMPANY'S Division Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the performance of any work within the limits of the COMPANY'S right-of-way. 5. The DEPARTMENT will reimburse the COMPANY for the cost of watchman or flagging service when the DEPARTMENT'S Contractor is carrying out work adjacent to the COMPANY'S tracks and whenever the contractor is performing work requiring the movement of employees, trucks, or other equipment across the tracks of the COMPANY. 6. The DEPARTMENT will require its contractor to furnish Railroad Protective public Liability and Railroad Protective Property Damage Liability Insurance in a combined amount of $2,000,000.00 for all personal injuries, death, or property damage per occurrence arising during the 31RR-10 2 tia' (2191) policy period. The maximum dollar amounts of coverage to be reimbursed from Federal funds, with respect to bodily injury, death and property damage, is limited to a combined amount of $6,000,000.00 per occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement. The DEPARTMENT will also require its contractor to furnish the COMPANY a Certificate of Insurance showing that the contractor carries liability insurance (applicable to' the job in question) in the amount of $2,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the policy period. Such insurance is to conform with the requirements of the U.S. Department of Transportation, Federal Highway Administration, Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 21 Subsection 2, Transmittal 350 dated October 1, 1982, and any supplements thereto or revisions thereof. 7. The DEPARTMENT will bear the cost of all temporary and permanent changes made necessary in the COMPANY signal wire line or other facilities, and in the wire -line facilities of any utility that has compensable interest on the COMPANY'S right-of-way occasioned by the construction of said crossing and the occupancy of the COMPANY'S property, provided such costs are accrued as specified in Paragraph 7. S. The COMPANY hereby agrees to install and/or adjust the necessary Parts of its facilities along said Road in accordance with the provisions set forth in the; (a) DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, and Rule 14-46.002 "Responsibility for the Cost of Railroad/Highway Crossings," Florida Administrative Code, dated February 3, 1971, X (b) Federal Highway Administration, Federal Aid Highway Program Manual Volume 1, Chapter 4, Section 3, dated August 5, 1988; and Volume 6, Chapter .6, Section 2, Subsection 1, dated April 24, 1984, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work with its own forces or by a contractor paid under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 9. The DEPARTMENT hereby agrees to reimburse the COMPANY for all 31RR-10 3 }, (2/91) costs incurred by it in the adjustment of said facilities, in accordance with the provisions of the above indicated Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporation within this agreement shall not be subject to payment by the DEPARTMENT. 10. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost thereof in the amount of $91.603.00 All work performed by the COMPANY I pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT, and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMEw and the Federal Highway Administration, where applicable. 11. All labor, services, materials and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY' directly to the DEPARTMENT'S Separate records as to the costs of contract bid items and force account ,items performed for the COKPAKY shall also be furnished by the COMPANY to the DEPARTMENT. 12, The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described thereafter: (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the C014PANY and approved by the DEPARTMENT. (c) An agreed lump sum $ , as supported by a detail analysis of estimated cost attached hereto. (Note: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.00) . 13. The installation and/or adjustment of the COMPANY'S facility as planned (will/will not) involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the 31RR-10 4 (2/91) �r r method checked and described hereafter) : (a) $ will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments) . (b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order"number to be The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. (G) $ credited for (betterment) and/or (expired service life) and/or (nonreimbursable segments) in accordance with Article 11. (c) herein above. 14. It is _specifically"agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shF.11 receive fair and adequate credit for any salvage which shall accrue to the COMPANY as. a result of the above adjustment work. 15. It is Further agreed that the cost of all improvements made during this adjustment work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 16. Upon completion of the work, the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and cemplete billing of the costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation. equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as ..closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the 31RR-10 5 1,, (2/91) replacement or the original charge for temporary use. The final billing shall show the description and site of the Project: the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed'expense was incurred; and the location where the records and accounts billed can be auditdd. Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. 17. The COMPANY covenants and agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage cost charge or expense arising out of any act, action, -neglect omission or delay by the COMPANY during the performance of the contract, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that neither the COMPANY nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons-or property directly caused or resulting from the sole negligence of the DEPARTME�;a or any of its officers, agents or employees. 18. All terms and conditions in the above mentioned, RAILROAD LICENSE AGREEMENT dated May 23 1972 are hereby reaffirmed except where supplemented, changed, or amended by this SUPPLEMENTAL AGREEMENT. 31RR-10 6 1;y' (2/91) IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: __ (SEAL) DISTRICT SECRETARY ATTES'=� _� _ . Secretary COMPANY: FLORIDA EAST COAST RAILWAY CO } B 1�f �. (SEAL) ATTEST: • CITY OF DELRAY BEACTI , FLORIDA BY: (SEAL). ATTEST: Approv as to form, Approved as to Funds Approved as to FHPM Legal' and Execution Available Requirements a Ay�ZY BY: Approved under Terms of ttcrney—D Fiscal—DOT Date Alternate Procedures. - 31RR-10 7 (2/91) REPLACE371141 1TAT.3FFLORIOAAEPARTMENTOPTRANEPORTA` V 10/es OFFICE OF PVKIC MANSPORTATION CITY RESOLUTION GARDE CROSSfN-Q AND CROSSING TRAFFIC CONTROL DEVICES, FUTURE RESPONSIBILITY COJNTY SECTION Jog NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL b R/W NUMBER FAP NUMBER 93 000 6949 S-E IOth,ST. PALM BEACH RRP-000S(382) A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FO THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTRC DEVICES FOR RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMEN OF SAID CROSSINGS AND DEVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS; AN PROVIDING WHEN THIS RESOLUTION SHALL TAKE S�""EFFECT. RESOLUTION NO.SID-9 ON MOTION OF Commissioner(Councilman) Commissioner(Councilman) •I ,seconded b ,the following.Resolutin was adoptec WHEREAS, the State Cf Florida Department of Transportation is constructing, reconstructing o otherwise changing a portion of the Public Road System, k XWpM which shall call for the Installation and maintenance and of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway F NOW, THEREFORE, SE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF , FLORIDA That the City of DELRAY BELCH enter Into a REIMBURSEMENT AGREEMENT with the State of Florida.Department of Transportation and the I FEC Company for the installation and maintenance of certain grade crossings end traffic control devices for grade crossings designated as Job No. 93000-6949 on . 5. E 10th STREET Company at FDOT/AAR Crossing No, g _p which crosses the right-of-way and tracks of the Florida; and : located near DELRAY BEACH That the'City assume'Its share of the costs for crossing future maintenance and adjustment of said grade traffic control devices as designated In the RAILROAD REIMBURSEMENT AGREEMENT;and That the Mayor and City Clerk be authorized to enter into such agreements with the State of Florida Department of Transportation and the FLORIDA EAST COAST RAILWAY herein described; &hd ,. . Company as That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the City Comma ion of the City of Florida, in regular session, this c day of_ AyO.-CrOmmrubn« ATTEST: Clay A tlllvr AEfQ CE«k I� RESOLUTION NO, 9-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; PROVID- ING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transporta- tion is constructing, reconstructing or otherwise changing a portion of the Public Road System at S.E. 10th Street, which shall call for the installation and maintenance of railroad grade Crossing traffic control devices for railroad grade crossing over or near said highway, 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, Florida, enter into a Rai road Reimbursement Agreement with the State of Florida Department of Transportation and the Florida East Coast Railway Company for the installation and maintenance of certain grade crossings and traffic control devices for grade crossings designated as Job No. 93000-6949 on S.E. 10th Street, which crosses the right-of-way and tracks of the Company at FDOTIAAR Crossing No. 272495-D located near Delray Beach, Florida. Section 2. That the City of Delray Beach, Florida, assume its share oT-the costs for future maintenance and adjust- ment of said grade crossing traffic control devices as designated in the Railroad Reimbursement Agreement. Section 3. That the Mayor and City Clerk of the City of Delray Beach, Florida, be authorized to enter into such agreements with the State of Florida Department of Transportation and the Florida East Coast Railway Company as herein described. Section 4. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 29th day of January, 1991. Ay C- % ATTEST: city Qlerx j �� CITY OF DELRAY BEREH 100 M.l'V.ist AVENUE DELRAY BEACH,FLORIDA 33444 4071243-7000 MEMORANDUM Date: October 23, 1990 To: Bill Greenwood, Director of Public Utilities From: Susan A. Ruby, Assistant City Attorney Subject: Railroad Reimbursement Between the City, the Department of Transportation and Florida East Coast Railroad The Agreement provides that DOT will be respon;.,ibie for the cost of constructing across Florida East: Coast Railway's right-of-way and tracks, a road and necessary approaches at YE: 10th street: Upon completion, r ;(., shall be responsible for `the maintenance cost of all trackE_,ed and rail components, plus the highway roadbed and surface for the width of the rail ties within the crossing area. The City shall be responsible for the maintenance cost of the highway roadbed outside of the railway ties. FEC, at its option, upon notification to the City, may perform periodic maintenance where it can bill the City directly for costs incurred that are the responsibility of the City. The contract does not set forth a price for the City's responsibility for the maintenance work outside of the railway tie area. Ron Holmes of DOT indicates that the City would be responsible for the asphalting of approaches which would be approximately the width of the street, plus 20 feet on either side from the top of the ties to the top of the roadway. This cost is not contained within the agreement. Ron Holmes indicates that the cost is unknown at this time. The Agreement also calls for the installation of grade crossing, traffic control devices by FEC. After installation, 50% of the maintenance cost of the traffic control devices shall be born by the City and 50% by FEC. Pursuant to the contract, the City's cost would be $480.00 per year. The contract also requires the City to be responsible for the installation of advance warning signs and railroad pavement markings and the maintenance thereof. T1—IF F F F )F;- ,r, ' ^SAYS ISMATTFR`. Bill Greenwood, Director of Public Utilities October 23, 1990 Page 2 The City is also to pay the cost for removal of the crossing and restoration of the property to the condition as previously existed at the site in the event the crossing is to be abandoned. The Agreement is similar to other agreements entered into for the maintenance and construction of other railroad crossings throughout the City. Our office approves the document as to legal sufficiency and form. Please be advised however that if S.E. 10th is going to be turned over to the County, then the County and not the City should be responsible for the maintenance. I am returning the contracts to you so that you can come up with an estimated cost of construction of the approach roadbeds, etc. and other costs dealing with paving and installation of warning signs so that when you place the matter before the City Commission, the City Commission at least a rough idea of the actual cost of this Agreement. Please do not hesitate' to contact me should you have any further questions or concerns. SA : i Attachme- t-s cc David Harden, City Manager Robert Barcinski, Assistant City Manager Mark Gabriel, City Engineer Gharle .,.;Axelrod,.r�Giva l�: Engineer 3 la tat 4MPUGAte its as +sue w. gARTim, 49 Trustees or"Um per+ of hatst coast 2milvv UoaP*, t atot lataaklvifta r" ber4aartor ealud t Ora*aox Daalata ' 3040h, MA � 1�aarsAsaal'taa�r per. TbA% the a vA4 Trmatoas, for aaa Lit 0or►s1 lam Of tha aria taE aa" ngmemats h1roln afttal tq U V*04MA SO&kept by tbo S waaxA .Paar4y, do haarabJr axvo and less MU t! Ft3, t tho rt#tt tad VVIVU040 to use as an 0"ald for b114 Mt st am, N 041y, that ta"1a of the a l t oy W#W aaa Pa.+ T at said • d l y mtiC tMInr t Aob, V49 bOWk C:t*t,,Yo lei MA0 at l t1 amsi►adk as ;f'aalSatm x ParaaX of laa 4 with Wt1 Ora th at 7000 r saftho Orly W%A sctalahorly arxtawaA, m 0440Ar aa" +orstexly "00 thaw rk&t of way =4 tr hs of tbo mil" at Lake A in valraay BO"*L, Florw, VL*.bt Ift4twoml coutw lbW 10antaad %M toot man or lose aftswoostor2y frm tl Ata;ilwayra mile #'pst No. M erm j vW*. nor%", 04.4 ri&%t of of the tray hstti S a to VIAth of jW.0 yaast at th&s loassttm4 beiag boo ftet in v%AU on each SJ46 of tbo aasa►awox ItAG Of MIS 11411 ay"s as aW ,laaata� iwraaaa�rt• All as *how& 003.0"d ImIlaow 24"stt Of as of the as Pun V3-02ft, "kast ., .a�..'�..»�....� attaaahed.hereto aim ma4O a P ram'. TO X AND vo Im the +aid, rests„ pAVSIW$ aaaa& uomsw 001r61jr aroma the soaft4 ftrty sa Ul 1as ssst#A ** h*X4W*Ov OT14"- la a4maa34o>aratiewa off' tho,aat,%ts, VA4140W ARAILOSWOO hOr*- 1►'° bar the '1*staaaa "ta as Iowa" $' # 00" ' saaa a► + s ari ,►4th th,r T t+a" at grow wait. 1. 'twat #old aaretaataaa aaa"'I bet . too"*lea Wt creasing pterposes only across the throes AAS of wW and Uaoks, and ao pips, wire, rail or other line er sty tttr'e sha11 'bet 'Plseee4 is or as said ridiat of v&W or croewiac without *A* r*4'iMO Beaeoat IS vritimd of fait ikilw*y VrU*tees- ,2, Secant Porty. at its expense. *Wi fx.Mjah *riefl **tat labor for, Wd shall ccn$lam*t SA4 Mist"" they ports ft* et crossins extsuting from the limits of the riot at wor Of the ftilvar as ea*k side of &to existing troops to the OVA* of tins In ocelot trooks asst sha11 tanjoh wA phase the required rook &ad asrwt sixtertalo JA rite portions of sank oressinag over the ties 844 I)Otvaft Us rails in emit existing *v0 ear -futuro tre Akss of the pai.lWV- ate ]direst, at seeon+d. Partr10 *xponee, whall, furnish material wait J&bor for, MA shall Acts,l rust maintain the now %too, track rail,# and other track matortals roq%ired in sai4 oxitti4g ar futuro tree.. Out ftr'W at its earpoatsa► shall a*dintain said oroe9ia6 sa*epti *lase portieaas thereof located over the ties leetwesa the rails in cold esietihd or tatter* traaate, whi®A -portio*n$ of areessiug #.ha l to astaNdnet 1W awA at the *xPea*e of the UilvV— ill aorh I* conaecti at kith su*ls amass oamt meUtsraars GO by teaan4 kaAY sal Sa pasta *& uvA*r the supervissiass of an authorized, rei>resessta l" of *'tee M11VOY, in a softsr Mad Vith test*rich so'bJeat to his 1ky►pre"t- ri. zscogd party arts*s to relieve the AaI1VMV from *asses» wMto arising out of the existeAce of said crosetng. 4. Second :'etrty. at its e,e:Peats*. will install *64 matstaoia MW csoeasary drrA.iftsee facilities rmga"ixessi oft Ssaav 't of then boats** a asd,.asciet*me of said crossing. 046k ie.stalleati:rmo flee th"oot tar, t1e.s,l e►lnryis regaired saA the aalateua#stte tb*ra0...a M tb be pet, Jere► at a1,1 bases to the approfel of "a fi�ilaaegys a aeastlsox4** "Pro• & $eaman& ,P#rty *hall not ta1¢e "I AMUCK Owt~ viii parowrat er tend to pr"Unt the operattow of trades O"r d arbme- tug. 6. The provt$ioaaa aznd stipulatieres 49 this sag. t are a part of the considmr*%jOA of the Ilsoassirg of the oboe a prisiimpm MA Rressing, anal la: the etrea►t the smmeAd ftrw WWII "it to "30 with *V of the 09TOPAAts sand condittome, then We tisarruam eha11 be veld, A" aa<id depmribad crosairag sh"I torah te, fadth fnli right on the part of the frustaras area& Puailraaaaar to rm-eater "A oso"s %he easel if they s u ll elect to do to. T. Second Party, horsIW grant$ IXto YUrMU& IWAt 60aet mailvar Company, sad its ?tastes$ all faeelmsseerp' 'pub's for trbm in- stallAtiori, aoaetraeticn, erection, repair and aftiftlowme, of my of the facilities. work or f istmrreaa g* tiaAsd or e4arote"JA in and by tbis agrom$Mt, and flaridra gaast 0060% ha ' GOOPW ar its 2rnst000 #haall give 1.couA FaMrty fortaY-eight (48) hamaW ""AM, of iateratian to perform WW such iattkIleatima, #cgetrrotim, retry alt, . erection aa" sai A eaaarem s. S. This agreement to torMutbis IW the 2"stetafl► or their anaamssars or the assigas Of % e TmsteesMV atata, at %koir apt ieft, tapcm the dioahaarge of the meta** an "Wh. W. fixed porrta ft of three or UjW other thing herelia to the centr&V a+etwiShM # and in the aabsacco of twat m eilation, all rigk O Of 0&0 t sis"s here- fmder sh+m11 tau" to the btuetit of their s Coosaers or the 80916" cI the trusteeship hstate. b. Sect Party +agree• to 'tsar *11 crest Of the nesem�- airy +elm and mire Ilse tarbgas "A *0 raA tr 9" .1k It"s1tli 00 western uaa&oA Telegraph COOPSW for flu" otuougeefr in it9s lies. p 10. Boaaud -rtjr agroos to psy. the 02&tttie as& Wive* of this agroemi"t to it, the fill 404"t of 40wawftU37 at&MP terxe: ILOW or hereafter required to be affixed, to thie Iaet .. eeeat trader the lays Of t Vaited fftateil of tearioeat OUts, oat Flarider, or both. lb WITS 5 wx"a, th* # rttoa Greta have aa4t04 t1koso, prs#eate to " dale Ox*Guted is duPlieeesto, Wwh the &W sad year first above vrtttas: Slaked. $0616d and delivered wolf A. h ntl MA ion W. MRVIX, as 2mosees of the propeotr at Is the Orossuse of$ tlr3rtda 1 st coact AdIvar D ::I./,Iact r ( � As l�11'1[ a my X, a Plorl" araaieipasl eerarpoa�eetiat! Z 4�04Mp I �I� _ 4p �II/�.RI�YwyY�AIM .M.M�wvwnM�r A* to e+rand Party AF 1P�Rt - .. V GJj cleft UPC* motion of lotting rse�sintion was r;tassaaieoe GlY sdeptedc 4allaw, tan. the Opinion of this, City council of the city of Polrar Beach, a norida municipal it is deed adviad.1t10 sssd saessazy for the City of Delray Beach to obtsla treta tbs Tatsstaws Of Flcarl" Bast Coast asilway Cespemy the rl t azt& privS.legee to ease for ebl?is street *regain& purposes only that part of the rust of essay asttd rp esrty! Of skid ' kloride last coast Uilvrsy compev In the city of p+alrew liesch, PAU Beach ttsarsty, Florida. more particularly dosor£Ded; as folloawpt A parool of 1644 with usifOrM width of 10-0 feet northerly sand setatherly extending oxltorlyeAd Veetstrly► across the rt ,t of vV and treak* of the ya11VOY' art wee Av,nn" in DelrV Pesch, r1orift, with: lonaltuAloal debtor liaaae locu%ed 3L" foot more or loss soUthvseastorl.y frs>m the ailv+ay o s Bile post Ito. Z16 from Jacksonville, lxiorida. sold riot of cosy Of the 10hilvar having as total Vieth of 100.0 feet at this location., belted 50.0 foot .lrs wiAthr en each sidle of the center line of the ;RRllta+eyc s nt rthbonad main trAek. All not shays colored. yrsllarva on blueprint of yt t Of the W lwsy:m pl om Yl�t-819b. "tad � ... ....• sttmahod to said! raagreavent and. n a A t roof; AND, w,&M , Wit TrtasRtees haavo sobaoitted f*M Of ,esA%ftst betmaaOR ahem sand than City of Delray Beach covering public strebst crossing sea ssi+i property at the location above dessrib". 11th, TRaNy uk , DR IT l O°rYND 0 the City Council of tht City of wormer isaa h, s rlorrida munics ipaal O*rperraatiota, 40 fal.l.rnest 1. llaeat the Gity of Delray Bwwh, a rlorrida xMieippl corporation, acting by and throno I%* Myor aad City Ciar'h, 4005 herslW Leh' to seal outers Into seta adretscbAt with Scott is. Loftin Ala Jobs W, ""In' ss Trustees of the preop,ertyr of rlorida Resat Coast Uilvhrt1+amaatty"', %here!in sad *hereby the City* of Dsirsy Beach, Yloridaa. is givens the right asd privilege to use for pmbl.io street crossing pfixrpae+es rely► that part of the right of vayr and protrerty► of sssid Yloridaa Vast 004*t 1%Ilteaw co in the City of Delar&y Bomb, cat the location aforsssidl, dos the sondi- tioas out Barnes al? as sot forth and contained In proposed coutft4t, cspy► of which is ota file with the city council of the City of Delraay Bea4ho out by roraara wo ther t made a Part hereof. 2. . That et Al:ty s DelrAy l}eaaoho i"iorldax. w!i'th the attestation of , ♦s Gity a5l.+exh, to and they are oAoh anthorised ate. dirootw& to + ste said agrossomt for and oaa behalf of the City Of Dolt +' SWlk, 120rW asdl. So suboit the esase for execution by the ?Moto** of Ploride sasst 60e00 lailvagr Company. That this ""alto+ shall take Otto$% Uosodl'.at.'b�e 7 VOM %te Passage. r w r s r 01 PAN 3WH, 6tItX Cry �T R a . . Oily Clark of th* C III Of Polro Beach, a 11orlda auxialpal aurparatloa, 40 WOW abr%ItY %bast the foregoing 1r a 4rao and o+a t copy d rosolut adopted by the 01%Y CeaMA011. In 800* 04 the —,Z of � A.D. 11dd„� �.,...o as the oav# appears of record in the b r rds of %dj City of Dblray� Hoods, Y lorido, Xa oy effialal OtOtOdY. cif' C$lhtde .a FEC Invoice Please make checks payable to: Page No 1 of 1 Florida East Coast Railway, LLC Invoice No 42530862 P. 0, Box 863029 Orlando, F1 32886-3029 Invoice Date 7130/2014 Due Date 811412014 Billing Address: Customer 714901 CITY OF DELRAY BEACH ATTN RANDALL KREJCAREK 434 S SWINTON AVENUE DELRAY BEACH FL 33444 An., voipe,- V e hd or nv Rem a mount-- 42530862 XING PROJECT@ SE 10TH STREET 62,824,09 MP 317 +4508 FDOT#272495-D WO#2280974 PROGRESS BILL#1 ue A' nj�e:-111 r. Unt' nyoiC­e' d,'j,' Amount ':@ymen Received Bala 24;09 ' ----———----—--——------------—---—--—-----------------------—---------—------ Tear Here ----- Please detach this portion of the invoice and mail it with your check E Awl Invoice Remittance Slip FC Customer: Invoice No 42530862 CITY OF DELRAY BEACH ATTN RANDALL KREJCAREK Invoice Date 7/3012014 434 S SWINTON AVENUE DELRAY BEACH FL 33444 Due Date 811412014 Make Checks Payable Amount Due 62,824.09 to: Florida East Coast Railway, LLC Customer 714901 P. O. Box 863029 Orlando, Fl 32886-3029 BILL COLLECTIBLE FLORIDA EAST COAST RAILWAY ORIGINAL BILL REF NO. BILL DATE CS g 7/25/2014 DATE DUE CUSTOMER# CUSTOMER Name &Address City of Delray Beach Attn: Randall Krejcarek 434 Swinton Ave Delray Beach, FL 33444 DESCRIPTION: Xing Project @ SE 10th Street MP 317+4508 DOT#272495D WO#2280974 Progress Bill# 1 INVOICE TOTAL $ 62,824.09 DISTRIBUTION: Account Number Amount 200.122421 WO#2280974 $ 62,824.09 TOTAL $ 62,824.09 WO# 2280974 Project Type Xing MP 317 -4508 Contract# DOT#272495D Location SE 10th Street Service Period: 3131114-417114 Progress Bill # 1 SUMMARY OF CHARGES Prog Bill #1 FEC. HOURLY LABOR 1 MEALS 1 PER DIEM 6,992.21 FEC SALARIED EMPLOYEES 761.71 FEC EQUIPMENT 9,238.65 P-CARDS & FEC EXPENSE REPORTS - FEC MATERIALS FROM INVENTORY 6,563.55 WORK TRAIN 747.37 INVOICES I OUTSIDE CONTRACTORS 38,520.60 TOTAL 62,824.09 FEC HOURLY LABOR 1 MEALS 1 PER DIEM WO#2280974 MP 317+4508 SE 10th Street Progress Bill# 1 Hrs Rate Amount Straight Time 144 @ $24.5189 = $ 3,530.72 Travel 12 @ $25.3508 $ 304.21 Overtime 3 @ $35.1300 = $ 105.39 $ 3,940.32 Labor Overhead 65.36% $ 2,575.39 TOTAL FEC HOURLY LABOR $ 6,515.71 Days Rate Amount Signal Meals 2 @ $ 28.00 = $ 56.00 MOW Meals 5 @ $ 34.50 = $ 172.50 Per Diem 4 @ $ 62.00 = $ 248.00 $ 476.50 Labor Overhead 65.36% $ 311.44 TOTAL MEAL/PER DIEM EXPENSES $ 787.94 Total Hourly Labor& Meals/Per Diem $ 7,303.65 Labor overhead is not billable for Meals/Per Diem $ (311.44) TOTAL HOURLY LABOR& CREW EXP $ 6,992.21 ❑ ���,, W Cox'. [fix'. 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E E E E E E E E E E E r, E E z ` a z � a E H E F F F F F F F F F ;-+ F F F E F E L v s s :n m ca rn m v ;n cn rr. v. x rn u� •r- ca rn ;n_ rn cr cn cii rr bi m v� � m cn � :n E E E E E E E E '�-+ F E E F E F F F F F E H F N L� � (3 u � 6 u S � � S � � � � � u � c? � c� 0 C3 0 C3 U � 0 u z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z a, rn a a, O O O O O O O O O O O O O O O O Q O C O O O C O O C O O C O C O N x rl N N x x x x N fx� CO IN x IN IN x (0"y0 x CA CCAy tOy] "a N N OJ N ,O h1 z`1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N [tyy N dl C d� O U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Ni N N N N N N N N N N N N N N N N N N N N N N N N N .Nr .N-, Nr 14 0 0 0 o C o o O o o c o 0 0 0 0 0 o C O o 0 0 © o 0 0 C o a o N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N � o � h� � � O A N .y FL A O � � � � .h-i � O ,o U 0 m e d � rri o w o N 1� W rfi E? Q �+ C/� N �i .1 C w C O O rl e O �D Ci � � � Q Q Q [� G a' r� a a �i O � �. p Oy. 1 vC' � z 0 y ?. 7, P.i �L'i La d c 3 q 0 .� .� d` Q N 4'1 C N � y G � � � O O � O O U � �j d x w C7 FEC SALARIED EMPLOYEES WO#2280974 MP 317.4508 SE 10th Street Progress Bill# 1 Hrs Rate Amount Engineering Manager 6.75 @ $ 46.68 = 315.09 Engineering Admin 2 @ $ 25.06 = 50.12 Accounting 2 @ $ 26.92 = 53.84 419.05 Labor Overhead 81.77% 342.66 OFFICE EMPLOYEES SUB-TOTAL -- 761.71 TOTAL FEC SALARIED EMPLOYEES = $ 761.71 NOTE -There is not a payroll report for salaried employees like the one for the hourly labor. FEC EQUIPMENT WO#2280974 MP 317+4508 SE 1Oth Street Progress Bill# 1 Blue Book Description Firs Hrly Rate Amount 2002 FORD F550 CHASSIS CA 5 Total 20 @ $ 29.56 = $ 591.20 2007 DODGE DAKOTA EXT CAB 5 Tote 25 @ $ 13.00 = $ 325.00 2007 Dodge Ram 2500 Truck 5 Total 10 @ $ 21.91 = $ 219.10 2007 DODGE RAM 3500 TRUCK Total 23 @ $ 20.75 = $ 477.25 2013 FORD F550 Total 10 @ $ 14.95 = $ 149.50 KERSHAW REGULATOR 46-2 Total 20 @ $ 101,61 = $ 2,032.20 MARK IV TAMPER Total 20 @ $ 272.22 = $ 5,444.40 TOTAL EQUIPMENT $ 9,238.63 FEC MATERIALS ISSUED FROM CURRENT INVENTORY WO#2280974 MP 317+4508 SE 10th Street Progress Bill# 1 Type Number Date Description Amount Units Unit Price II 275226 3/31/2014 #3 MODIFIED BALLAST, APPROX. 3,538.31 1 3,538.3100 II 275226 4/15/2014 518"X 12" TIMBER SCREW SPIKE 39.38 26 1.5146 II 275226 4/15/2014 518"X 12" TIMBER SCREW SPIKE 31.49 22 1.4314 II 275760 4/15/2014 SWITCH TIE, 10 FT. 7"X 9", 2,194.01 30 73.1337 II 275760 4/15/2014 518"X 12" TIMBER SCREW SPIKE - 363.29 240 1.5137 II 275760 4/15/2014 CLIP, "E" 84.52 50 1.6904 Subtotal 6,251,00 5.00% Material Overhead 312.55 TOTAL MATERIALS 6,563.55 WORK TRAIN WO#2280974 MP 317+4508 SE 10th Street Progress Bill# 1 WORK TRAIN - EQUIPMENT 1 DAY @ $ 180.00 = $ 180.00 WORK TRAIN CREW LABOR 16 FIRS @ $ 21.29 = $ 340.64 WORK TRAIN LABOR OVERHEAD 66.56% _ $ 226.73 TOTAL WORK TRAIN — $ 747.37 INVOICES 1 OUTSIDE CONTRACTORS WO#2280974 MP 317+4508 SE 10th Street Progress Bill# 1 Vendor Invoice# Amount GULFSTREAM ENGINEERING CO(ACH) FEC 4646 $ 37,596.27 CORPORATE LODGING CONSULTANTS( 629984 $ 253.58 CORPORATE LODGING CONSULTANTS( 633493 $ 670.75 TOTAL INVOICES $ 38,520.60 \{}\} dd , r : § ([/ a) ) \} ) yr „ ) ( ! ] «§ § §k a = , . a k ) § ) ( / (\ ) )\\ \) ) (( ƒ) 22( ! & e:/ . \ . {\\j\ �( \ § E 2237 \ \\ ;aaa ; \ }( ) ) ) /7222 ] \\\/}) 3l3aa! \ \ [([ . . $ $ $/ §§ § §§ z§§ / §§ @mu: !##> ;! 7r&(tr } }\}}} § § )§ ] S \ )( (\ \) ±§ § [ §§ \ - !]}( Gulfstream INVOICE EngineeriiV 5{12/2014 FEC 4646 S't4 Wesi.B�-8t cet,Suite 710+lflalmh,€1,3,M c S-4NI2•(SQ5)�al� 31155�A0905)51564M8 BILL TO: Florida East Coast Railway,LLC 7411 Fullerton St., Suite 300 Jacksonville,Fl. 32256 Attn:Accorwts Payable 1047249 - - - Provide labor, equipment,materials and supei vision as necessary to reconstruct the railroad crossing located @ S.E. 10th. St.,Delray Beach. MP 317+4508 pDOT#272495D 1 (LS)Mobilization(Over 60 Miles) 3,750.00 3,750.00 107 (TF)Removal of Old Panel&Install New Panel 67.00 7,169.00 44 (TF) Sawcut and Removal of Asphalt 27.00 1,188.00 44 (TF)Install New Crossing Material 45A0 1,980.00 63,24 (Tons)Restore Asphalt 150,00 9,486.00 Credit for reduced asphalt cost -97.09 -97.09 Milling of Asphalt,-4 Hrs. (Bobcat w/milling attach.,4 Laborers) 910,80 910.80 Striping 1,120.00 1,120.00 aintenance of Traffic-Barricades 5,545.41 5,545.41 Maintenance of Traffic-Police 3,792.77 3,792,77 RPL Insurance Surcharge 275.00 275.00 ACCOU�1T's PP 61-E 4/06/14 Srznday-Replace crossing ties. RECEIVED 15 Skilled Laborer O.T. MAY 19 2 A 36.50 547.50 5 Backhoe Loader w/operator O.T. 75.00 375.00 4 Lowboy w/driver 90.00 360.00 F.E.C.RAMN Y LLG 4/07/14 Monday-Haul concrete slab from Hialeah yard to crossing. Haul ties to landfill, 8 Tractor&20yd.Demolition Trailer w/driver 55.00 440.00 1 Tractor&20yd.Demolition Trailer w/driver O.T, 6$.00 65.00 Thank You For Your Business 1 age INVOICE Gulfstream Engineering Company 5/12/2014 FEC 4646 3+114 xvc ti€84 St e(e('`t itc 110•f Ti,leafi'M 33018-4-93N•(305)556.3055•Btu(305)5,56-5838 BILL TO: Floiida East Coast Railway,LLC 7411 Fullertm St., Suite 300 Jacksonville,Fl. 32256 Attn:Accounts Fayablo 1047249 D.S.Ealdns-Disposal fees for waste asphalt(see attached) 231.00 231,00 Waste Management-Disposal fees for wood ties(see attached) 457.88 457.88 Tank You For Your 13usivless1 _- $37,596.27 gtillfstal�3r7c1 a.c ozn w � . s�- _ - .S.L �°CAE "t.. —•—"��_�.�...m�.._e ° — I _ -------_—ten..—. L s T =4.. _ —` ._. ., ten...•-:_, u.-�,:.�i��.m -.:".-_.: t-•• .rte yy r •• um T' WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents;and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities;and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits;and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives;and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people;and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information;and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, CARY GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of October 19 through October 25,2014 as FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly, and to encourage educational partnerships between city government and schools. 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 Th day of October,2014. CARY GLICKSTEIN MAYOR WHEREAS,Miyazu,Japan is celebrating the 60th Anniversary of its incorporation as a city on October 13,2014;and WHEREAS,the City of Delray Beach,Florida and the City of Miyazu,Japan,established a Sister City affiliation in 1977,hoping that it would be a lasting friendship between the citizens of Miyazu and Delray Beach;and WHEREAS, Delray Beach and Miyazu have had many successful cultural and business exchanges over the past thirty seven(37)years and have initiated a student exchange program,and several Mayors of Delray Beach have visited Miyazu in recognition of the importance of this relationship between Delray Beach and Miyazu;and WHEREAS, Miyazu has an even longer history with Delray Beach, as George Sukeji Morikami,a resident of Miyazu,was a member of the Yamato Colony.The Yamato Colony was a group of pioneering young Japanese fanners who established an agricultural community in Palm Beach County in 1904;and WHEREAS, George Morikami remained in Delray Beach until his death,and in the mid- 1970's donated his 200 acres of land to Palm Beach County. The Morikami Museum and Japanese Gardens was built on his land,creating a living monument to him,and building a bridge of cultural understanding between Japan and the United States,and Delray Beach and Miyazu;and WHEREAS,Delray Beach endeavors to continue to strengthen its relationship with Miyazu and to continue to share business,professional,educational and cultural exchanges. NOW,THEREFORE,I, CARY GLICKSTEIN,Mayor of the City of Delray Beach,on behalf of the City Commission,do hereby proclaim October 13,2014 as the 60TH ANNIVERSARY OF MIYAZU'S INCORPORATION AS A CITY in Delray Beach,Florida,and send our congratulations to all residents of Miyazu from the residents of Delray Beach and extend our hands in friendship and peace between our cities. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Official Seal of the City of Delray Beach,Florida,to be affixed the Th day of October,2014. CARY D. GLICKSTEIN MAYOR WHEREAS, the Cool Clothes Closet (CCC) of South Palm Beach County was started in October of 2013 and moved into its current location in Delray Beach in March 2014; and WHEREAS, the CCC has provided a means by which needy and at-risk youth can participate in a boutique style, no-cost, shopping experience upon referral from a partner agency; and WHEREAS, the Cool Clothes Closet works to help youth, particularly dependency and foster youth to locate free clothing options for school, social events, and employment; and WHEREAS, the CCC's efforts are aimed at normalcy measures for under- privileged, at-risk, under-served, and disadvantaged youth in Palm Beach County; and WHEREAS, the Cool Clothes Closet plans to expand its service offerings to include life skills and job readiness skills coaching; and WHEREAS, the CCC finds growth through partnership to be the most effective and rewarding way to reach the largest numbers of its target demographic; and WHEREAS, the Cool Clothes Closet seeks to impact youth in the most positive ways possible to affect healthy self-esteem and confidence placing once forgotten youth on a trajectory of promise and eventual success. NOW, THEREFORE, I, CARY D. GLICKSTEIN, MAYOR of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and support the work of the Cool Clothes Closet of South Palm Beach County and call upon all citizens to join in recognizing and commending the Cool Clothes Closet for providing their everyday contributions and commitment to improving the lives of the children and young adults in our communities. 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 7th day of October, 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: September 24, 2014 SUBJECT: AGENDA ITEM 8.U.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 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. Planning and Zoning Board Meeting of September 15, 2014 A. Determined (6 to 0, Jerome Sanzone absent), that the categories and tasks as proposed in Five Year Capital Improvement Plan for FY 2014-15 through FY 2018-19 and the FY 2015 Capital Improvement Budget are consistent with the Comprehensive Plan. B. Initiated (5 to 0, Gerald Franciosa left early and Jerome Sanzone absent), the rezoning of properties zoned CBD-RC (Central Business District- Railroad Corridor) to CBD (Central Business District) in conjunction with the proposed Land Development Regulations amendments to the CBD (Central Business District). Site Plan Review and Appearance Board Meeting of September 10, 2014 1. Approved with conditions (5 to 2, Terra Spero and Jim Knight dissenting), a Class I site plan modification associated with architectural elevation changes for the installation of an awning along the north building fagade for Fite Shavell & Associates, located at the southwest corner of George Bush Boulevard and NE 7th Avenue (648 George Bush Boulevard). 2. Approved with conditions (7 to 0), a reconsideration of the Class V site plan and landscape plan associated with the construction of a two-story 11,311 sq. ft. building with a medical office on the ground floor and four Class "A" professional offices on the upper level for 2645 Medical Center, located on the east side of North Federal Highway, south of Gulf Stream Boulevard (2645 North Federal Highway). 3. Approved with conditions (4 to 1, Roger Cope and Andrew Youngross stepped down, and Alice Finst dissenting), a Class V site plan and landscape plan associated with the construction of a 10,960 sq. ft. office building contained within a one and two-story structure for Noahland, located on the east side of Seacrest Boulevard, north of NE 22nd Street (2219 Seacrest Boulevard). The landscape plan was approved on a 5 to 0 vote (Roger Cope and Andrew Youngross stepped down). Concurrently, the Board approved the following waivers: i. Approved (4 to 1, Roger Cope and Andrew Youngross stepped down, and Alice Finst dissenting), a waiver request to LDR Section 6.1.4 (C)(1), to reduce the width of the access driveway located along the east property line, from the required 24' to the 14.5'. ii. Approved (3 to 2, Roger Cope and Andrew Youngross stepped down, and Alice Finst and James Chard dissenting), a waiver request to LDR Section 4.6.16(H)(3)(d) to reduce the landscape buffer on the east and west sides of the access driveway leading to and from NE 22nd Street, from the required 5'- 0"to the proposed 0'- 0". 4. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 2-strory townhouse development consisting of eight residential units for Tropic Cay, located on the east side of Frederick Boulevard, north of La Mat Avenue. 5. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plans associated with the construction of a 6,741 sq. ft. two-story office and warehouse building for Resource Point of Sale, located at the northeast corner of SW IOth Avenue and SW I Ith Street. Site Plan Review and Appearance Board Meeting of September 23, 2014 6. Approved (6 to 0, Jim Knight absent), a request for a color change for Avalon Gallery, located on the north side of East Atlantic Avenue , east of SE 4th Avenue (425 East Atlantic Avenue). 7. Approved with condition (6 to 0, Jim Knight absent), a Class I site plan modification associated with elevation changes for Fat Rooster, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue (200 East Atlantic Avenue). 8. Postponed (5 to 1, Andrew Youngross dissenting and Jim Knight absent), a Class I site plan modification for new storefront door system for Honolulu Hot Dog Co., located on the south side of East Atlantic Avenue, east of SE 6th Avenue (632 East Atlantic Avenue). 9. Approved (4 to 1, James Chard dissenting, Jose Aguila stepped down and Jim Knight absent), a Class II site plan modification for the Beach Gazebos. The two beach gazebos will be located on the east side of Ocean Boulevard at the intersection of Laing Street and Nassau Street. The architectural elevation plans were approved with conditions on a 3 to 2 vote (Terra Spero and Andrew Youngross dissenting, Jose Aguila stepped down and Jim Knight absent). DISCUSSION various Boards during the period of September 8, 2014 through September 26, 2014. TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION By motion,receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS � ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT OCTOBER 7, 2014 GULFSTREAiUB C Q L-30 CANAL 4 L Ci 906 _ lu it 1 ti I'll 141 A o w 0 LAKE IDA ROAD w G.BUS L 1 LAKE o z OAD N.E. m J � 3 Z �ii_i g Vl Q 1 N.W2ND T. Q H A o � G – J A.AA TLANTIC IEN� r ao6 ATLANTIC AV � S.W 2ND ST. F 1 y z L > > 1 j A1A ° 3 1 -+ ul o I- Om LOWSON BOULEVARD S. 10TH ST. 2 1 Q7 1 y O ¢ U 3 ti 4 ¢ V Lu g o N W I LINTON BOULEVARD _ BLVD. F-7 1 V J ^ � OAS R � w i �N ROPO W z X c15 cn o ¢ w oX 1 U U' Z I uS V 906 i L-38 CANAL_ _ _ _ —C-15 CANAL -15 CANAL I SPRAB: A. FITE SHAVELL&ASSOCIATES F.AVALON GALLERY B. 2645 MEDICAL CENTER G. FAT ROOSTER C. NOAHLAND H. HONOLULU HOT DAOG CO. D. TROPIC CAY I. BEACH GAZEBOS E. RESOURCE POINT OF SALE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\CC—DDC\10-7-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director of Parks and Recreation Alberta Gaum, Recreation Superintendent THROUGH: Terry Stewart, Interim City Manager DATE: September 17, 2014 SUBJECT: AGENDA ITEM 8.V.1 -REGULAR COMMISSION MEETING OF OCTOBER 7,2014 BID AWARD/IMPERIAL ELECTRICAL,INC. BACKGROUND The item before Commission is to approve the bid award to the lowest responsive bidder, Imperial Electrical, Inc., for an annual contract for "Electric Maintenance Contractor" for outdoor (ball fields) and indoor (gymnasiums) lighting at various locations within the City of Delray Beach. Bids were publicly opened by the Purchasing Department on April 28, 2014. Attached for your review is the bid tabulation sheet between Imperial Electrical, Inc. and Universal Electric of Florida, Inc. Imperial Electrical, Inc. was the lowest bidder for hourly wages and parts/material/supplies mark up. Due to inadvertence, the bid was never submitted to the City Commission for approval. Imperial Electrical, Inc. has submitted a letter extending the bid pricing for 60 days commencing on September 2, 2014. By approving this bid award, the City Commission is retroactively approving the terms of the one (1) year agreement dated May 13, 2014. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before City Commission is to approve the bid award to the lowest responsive bidder, Imperial Electrical, Inc., for the annual electrical lighting maintenance at ball fields and gymnasiums (Bid # 2014-27). TIMING OF THE REQUEST This item is time sensitive because the bid process was implemented on April 28, 2014. However, the agenda request was never submitted for approval. FUNDING SOURCE Funding in the amount of$30,000.00 is available from multiple accounts: Tennis-001-4215-575-46.90; Athletics-001-4121-572-46.10 or 46.90; Community Center-001-4125-572-46.10; Pompey Park Pool- 001-4135-572-46.10; Catherine Strong Park-001-4137-572-46.10; Pompey Park-001-4127-572-46.10; Teen Center-001-4119-572-46.10; Insurance-551-1575-591-45.50 RECOMMENDATION Motion to approve the bid award to Imperial Electrical, Inc. in the amount of$30,000.00 for electrical lighting maintenance at ball fields and gymnasiums throughout the City. CITY OF DELRAY SID SIGNATURE FORM ELECTRICAL CONTRAC,rOR FOR BALLFIELD ANN GYMNASIUM LIGHTINGC WwNTENANCE ANNUAL CONTRACT Sid #201.4-27 PLEAFE AFFIX SIGNATqJRE V14FRE INDICATE[) JFAILURE TO DO SO�HALL BL CAUSE FOR kFJECTION 01- 'iCLJR.PROPOSAL) 11 Lundersigned bidder certifies that this bid patkage is submitted ip.accofdance with the spteificuion in its entirety and with wderstan&g of the conditions governing this bid. *Name of Biddej (Firm Name as Registered with their State of origin) Business Address: Street Add res Box Address IS n0—t permitted) —a— --1 3 3 3 Q City, Mate: Zip Mailing Address: ❑ Check if Satre as BUSiness Address above , ,,Aj \,AJ__ C� Street Address ' A -333 City. state; Zip t ature eni f Print Name and Title of Person Si nirrc is Form Date Telephone J Fax No. ✓Email A�,4'-'-Pss of AuthT)rll-ed Signpe: -�t P --A&L- LQ -tv�%vA VENOOF SERVICE Rr--PRE r3F-NTA,T1VE FOR PLACEMENT OF ORDIER CONTACT NAME: kt, TELEPHONE: Lilt)No. 2(,114-27 Lig!)OPC N'1-6TYZLR W'C, 29 CITY OF DELRAY BEACH 100 NW 14 AVENUE,DELRAY BRAS FL.33444 BID No, 2014-27 ELECTRICAL CONTRACTOR FOR BALLFIELD AND G' MNASIUM. LIGHTING MAINTENANCE ANNUAL CONTRACT MAYOR -C4RY D.GLICKSTEINV VICK MAYOR --SHELLY PETROLIA DEPUTY VICE MAYOR -)ORDANA JARJURA COMMISSIONER -AL JACQUEP COMMISSIONER .ADAM FR.ANKEL CITY MANAGER -LOUIE CHAPMAN,PL Purchasing Division 0 Finance Department*(S61)141-7161/7163*Fax(561)243-7156 cc) q: oa Ul m !-Lj .3 a LU 2� 0 W < > LF) U6 & :X, 0 P, r ` c 1,-: W- `j 41/ X4 0 In-A (D 0. &U E m NUDEMNITYINOLD HARMLESS AGREEMENT ELECTRICAL CONTRACTOR FOR ®ALLFIELD AND GYMNASIUM LIGHTING IVIA NTE:NANCE ANNUAL. CONTRACT Bid #2014-.27 Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harrrless the City of Delray Beach, rs c:--ricials; and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury., sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or ami.ssion, recklessness, or intentionally wrongful conduct of the Contractor, any subc.-.intractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall -lot be limited by any limitation on the amount, type of damages; compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under wori<er's compensation acts-, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appei!ate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shawl be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely= and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Corstr is Dame G 9 €ID No.2014-27 1 lcs:triuul Contractor ti,r & Li=h&iy Kiintella l ,, 10 1 CONE OF SILENCE ELECTRICAL CONTRACTOR FOR BALLFiLED AND GYMNASIUM LIGHTING MAINTENANCE Bid #2014-27 The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which prov-des as follc•ws, Sec.2-355. Cane of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particutar request for proposal, request for qualification, bid, or any other competitive solicitation between' (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local gcverrir!g body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to.award a particular contract, (b) For the purposes of this section, a person's representative shall include but riot be limited to the person's employee, partner, officer, director, consultant, lobbyist, or arni actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, '.,.id, or otter response to a compe.tit�ve solicitation The cone of silence applies to any person or person's representative who responds to a particular raquest for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is Either rejected by t; e county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article, (d) The provisions of this article shall not app#'y to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection comrnittees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicaoie, and protest hearings, Further, the cone of silence shall not apply to contract negotiations between any ernipoyee and the intended awardee, any dispute resolution process following the filing of a protest betv+reer, the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing bc,dy, mayor or chief execr,lfive affirer mat is not a member of the local municipal governing body, or advisory board mernber or selection committee member, unless specifically prohibited by the applicable competitive solicitation: process. (e) The cone of siionce shall not apply to any purchases made �n an amount less than thl.: co,rrpetitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article ifl, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable.. (f) The cone of silence shall terminate at the time the board, focal municipal governing body. or a county or municipal department authorized to act on behalf of the board or Iota; municipal governing body as applicable, awards or approves a contract, rejects all bids nr responses, or otherwise takes action which ends the solicitation process, (g) Any contract entered into in violation of the con n pr s ir, t ectiort shall.render the transac ' n voidable. r C� tractor's Name i ate 731f.)btu. 20 4 -2' Iaectrical[:antrE ai3r zior Esalliieti c� juz.���";itiri�l l.i�htin_g DRUG FREE WORKPLACE CERTIFICATION ELECTRICAL CONTRACTOR FOR BALLFILED AND GYMNASIUM, LIGHTING MAINTENANCE Big] #2014-27 If identical tie bids exist., prefererce will be given to the vendors who submit a certification with their bidiproposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes_ The drug-free workplace preference is applied as follows: IDENTICAL.TIE BIDS.: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements t) This firm publishes a statement notifying employees that the unlawV manufacture, distribution, dispensing, possession, or use of a controlled substance i, prohibited in the workplace and specifying the actions that wil! be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in prcviding the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (t), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are cinder bid, the employee will abide by the terms of the statement and will abide lb the terms of the statement and will notify the employer- of any conviction of, or pier of guilty or polo contendere to, any violation of chapter 893 or of any controlled substance lave of the United States or any state, for a violation occurring in the workplace no later then five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation it a drug abuse assistance or rehabilitation program if such is available in the employee's community., by any employee who Is so convicted 8) This firm ll continue to make a good faith effort to maintai drug-trey workplace through implem tation of this section. _ o ctors Na e 1311YN.o.21314-27 k cut.rii:,d i'ontractor for 73a1 12 IMPEELE-02 DTRAYNOR ,a►coRL7 CERTIFICATE OF LIABILITY INSURANCE DATE I MMIDDIYYYY) `164� 1 10122/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Diane Traynor _ Collinsworth,Alter,Lambert, LLC PHONE (561)776-9001 FAX 561 427-6730 23 Eganfuskee Street A i Ext; Iwc,Not: { ) _ Suite 102 ADDREss: Dtraynor calllc-COm Jupiter,FL 33477 1NSURER(S)AFFORDING COVERAGE NAIL# INSURER A:FCCI Insurance Company 10178__ INSURED e INSURER B:Travelers Casualty Ins Co of America Imperial Electrical,Inc. INSURERC: 11821 Northwest 11th Street INSURER D_: Plantation,FL 33323 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i TYPE OF INSURANCE �R POLICY NUMBER MMIDDF EFF MMfDDIYYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GL00078266 1012212013 1012212014 PREMISES(Ea oceurrence S ,_ 100,00 CLAIMS-MADE OCCUR MED EXP(Any one person)_ $ _ 5,00 PERSONAL&ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMPIOPAGG $ 2,000,00 POLICY X PRO LOC $ COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY (Ea accident $ S X ANY AUTO BA4C13690113SEL 90122/2013 10/22/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS '- NON-OWNED PROPERTY DAMAGE Per accident X HIRED AUTOS AUTOS -- $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION X WC STIMIT OTH- T RY LIMITS ER AND EMPLOYERS'LIABILITY 1,000,000 A ANY PROPRIETORIPARTNERIEXECUTVE Y❑ NIA 001WC13A56594 10/22/2013 10122/2014 E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? 1,000,00 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ It yes,describe under F.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is named as additional insured including products and completed operations for general liability per CGL084 and auto liability when required by written contract. General Liability is primary and non contributory when required by written contract.Waiver of subrogation applies to all policies for the additional insureds when required by written contract.Cancellation applies as per policy terms and conditions. RE:EECBG-Pompey Lighting Imp and Proj#2010-090 CERTIFICATE HOLDER CANCELLATION SHOULD ANY Or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Delray Beach,City of ACCORDANCE WITH THE POLICY PROVISIONS. 100 NW 1st Avenue Delray Beach,FL 33444 AUTHORIZED REPRESENTATIVE G 4wtlle ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD h STATE O COUNTY of ' (ZC j..._._. The foregoing instnJment ,A'as �,,cknav,0dried f- f day of 20J , by _ (name of r state office or agent, title of officer or agent), of g ±Z f ( or place of incorporation) corporation, on behalf of the corporation. He/She is (personally Known to me) (or has produced identification) and has used his/her of identification) as i' ,jitification- ign; �� i of rsa Inn Acknowle gment Narne of Acknowledcger -r ed, Printed or Stamped BID.No.2014-27 I iectrisd]Coarrlrw;tor 01'Rujit],eld&Gymnasium Ughting CERTIFICATE (If Corporation) STATE OF FLOMDA } SS COUNTY OF d� ) .y t, HEREBY CERTIFY that a meeting of the Board of Directors of_ --_. � a corporation under-the lauds of the State of held on 20 , the following resolution was duly passed and adopted: t "RESOLVED", that as President of the corporation, he/she is h .ropy authorized to execute the Agreement dated _ 20I1j, between the City of Delray Beach: Florida and this corporati n, and t"hat his execution thereof, atLested by the Secretary of the CoEpo ation and with corporate seal affixed, shall be the official ac7 and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF. ! have hereunto set icy hand and affixed the official seal of the corporation this kD day of �f Y_.. ---- - _ 24-C4 BID Mo.201 3-27 I::Ecaric.d Contractor Fur f>aliticici& t Svn,.Im Jum I-Aditin 19.ainMILI 23 INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure.and maintain insurance of the types and to the limits specified in paragraphs(1) to(4) inclusive below, B. COVERAGE. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 1 Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3 Business Auto Policy-Coverage must be afforded on a form no more restrictive than the 4atest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work, The required certificates of insurance shall not only name the types of policies prodded. but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is bein furnished and shall state that such insurance is required o : such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured, If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiratiorl,.. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate": BIB No. 2014-27 Blcctrical Conm,.3ctor for Ball field&Gymnasium Lighting Maintenance 13 Attachment I, 1 of 3 CORD, CERTIFICATE OF LIABILITY INSURANCE P„W, TIOL CERTIFICATE IS ISSUED AS A-MATTER OF(NFORMATION bNIY. AND CONFERS NO RIGHTS .UPON THE CERTIFICATE Good Insurance, Inc. HOL.I)m THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER TNH COVERAGE'AFFORDED ay THE POLICIES 135I.Oft. P.D. Box .A-1 Beat City, USA 00000 INSURERSAFFORVNGCOWRAGE NAI011 u�® R1aURCgk . Willing Workers Assoc. RiSURERM ABC Drive Msuarn Anytowt, 'USA 00001 ce PgSUWRM COVERAGES. ZUpoMM9 CF INSURANCE USTED BELOWH11VE BEEN ISSUED'.�l}1EIRSURF WMEOAROvEFoRTHE PCUCYPERMO INDR.'A mHmw-rH8TMII1,V ANY REWREMENT.TEAM CONDITWN OF A+kY CGKTRltCr'OR OTHER P60UMENT W".RESPECT TO YMIOH 7KS CERTIF CASE WAY BE 19SWD CSR MAY PERTAIN,THE INSURAZ AFPQRUEO.BY THE.P=E8.DESaWM HEREIN 1S.BUBJECT To ALLTNE TERM6,r=X WJ31OK3 AND.CONOITION8 OF SUCH Pour.iffs.AGGREGA'reL pTZSKOM.0 PIYHAYEBEENREDUOEDUYFWDCLAIMS.. o� _ POUCNNmm P LYR". . 6!9laRAL WA#L.IrY 5#4mE 4 . A ca1ALORIOiKOERe;tiA14"a,im, GLP077604 DII01/10 01/01/11 S *.-ws mm p PEaaONka�IN,� >, RF71L9tiALAlSGRE6ATff. j1'uuV'Vuu L.�]iRAOGRE6A]'fiWIT .��: PO,IG,, LOC AUTOMO LELUELM togR iNCteLb�er s >300"Q00 A AWPV a ALP077606 01/01/10 01/01111 r ALL0VMEDArTm 90CP.YiN."V 1 aCflVWLCa AVr05 F'a pown1 "RwAuros I&MIU a my S f7af-GYIIEOALITtl9 l�.�d� +oAmmE , J OARAaE W9lilr'r A.L"CNLY-EAACCM-MT F EAAW f ANY— THLh�µ AGO S 8A*GWUJM 1ELLAUTAMLM .. EACH DCCUSiRENGE 7 OCCUR EJ C AAA6 MAZ)-- AGGREGATE f S DEDOZABLA FRE ENTK)N >I S S A G WDRK$�CourLNDaTgR ANG B rlmww�uA9adrr WL:P077606 03/01/1003/01/11 100.000 rFP eneRRomwDun WV VE O 4.UMMARE-EAHAPLOrM s 100,000 H � .a,� E,L.oneAae.roucrLNNr: F DD FCR0•MV*F0[9RAT0W#L0CATIDME(VUM Mi VMW5WW2 AWED Ur Egb0RKFmFKr1 PFb1AA.rW e"S THIS 'INSUROC$ APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADPITI.ONAL INS>11tEI1 — gee attaLched e.AdOrsement OVIMFICATB HOLDER CANGE1:LATION . sRDULO ANrwzNEAw•�otscRleEa PaLia�ec aNCeLt,Rb oEFOI�iHE e�ro;anlvi CITY OF DELBAY' BEACH bhTtn�aLOF rHEKaIr K+orlwlanmur�loeAvORtasulL 30 en wriRr�1 140',NW Fat &VENUE *U=T0 DELRAY: .BEACH, FL 33444 wou NO a1U6ATICEAN uA"-1Y QFJwrImo WON TNR Mwara,114 AGO"oft R6f'KESaNTATHEi AIiIIIrAp17R4R�ItFJ'iFJ7(ArIY'� AGORD 2&,(x001109) ®ACORD CORPORATION 198E BID No:2014-27 Electrical Contractor for Ball3.ield&Gymnasium Lighting Maintenance 14 IMPORTANT if the ce dfloato Wider Is an ADOMONAL INSURED, the ptsliaY(6ej must be endorsed. A statement on this mft3fimts does not wnfer rights to th a cerli mt+e holder in OW of such endwsament(s). If SUBROGATIC) t is WAIVED, subject to the terms and ooWfftons of the policy, certain paticies may reguirs an endorsement A statement on this caMNests does not canter rights to the cerliftwte holder In Elea of such ondolvemnt(a). DISCLAIMER The Certftats of Insurance 0 Me ravine stda of alto; foam doras not consUMe a corlbut between the tssulrrg Ensu"), suthotWd repnewitive or producer. and #ta cerdfl*Ae hafder, nor chess It sf€m-sathrely or negatively anmersd, e>rsd or after the cavwago affb ded by the polloles fisted #rereon. BID Na, 2014-27 Electrical Contractor for Ballfield&'C}gymnasium lighting Maintenance POLICY NUMBER. COMMI RRIAL GENERAi.LIABUTY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ.IT CARErULLY, ADDITIONAL INSURED M DESIGNATED PERSDN OR ORGANIZATION Thls endorsement modifies insurance provided under the followings .COMMERCIAL GENERAL t,miu-ry COVERAGE PART SCHEDUI.E Name Of Additional Insured person►s Or tar anizatton s Information r ulrW to complete this Schedule If not shown above,wilt be shown In the Declarations, aecUan II--Who Is An Insumd is amended to In- elude as an addlfiopal Insured the person{s}ororgani- zatlon(s) shown in the Schedule, but artly vrith respect to Ilab llty for "bodily injury", "property damage" or "personal and advertising Injury" Caused, In whole or In part, by your acts or omisslons or the acts or amis- slons of those noting on your behatf: A. In the performance of your ongoing operations;or e. In connection Wth your premises owned by or rented to you. 1311 No.2014-27 Elcctrical Contractor for Ballfield&Gynniasiom Lighting Maintenance "SAMPLE" STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows.: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 1 The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid. 1 - 2 Table of Contents 3 General Conditions, Instructions and Information 4 -9 Indemnity I Hold Harmless.Agreement 10 Cone of Silence 11 Drug Free Workplace Certification 12 Insurance Requirements 13 Sample Insurance Forms 14 - 16 Standard Form of Agreement 17-21 Corporate Acknowledgment 22 Certificate (if Corporation) 23 Specifications 24-26 Schedule of Pricing 27 References 28 Bid Signature Page 29 Statement of No Bid 30 Attachment"A" 31 13117 No,2014-27 Eleetrical Contractor for Balllield&Gymnasium Lighting Maintenanu 17 Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County; Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 140 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR; 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the C1TY. 8, The CITY and the CONTRACTOR each binds himself, his partners, successors, .assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. BID No.2014-27 Electrical Conti-actor for Balltield&Gymnasium Lighting Mainsenaace 18 i 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOIR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option,, any and all claims or Liability and .all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys' fees and costs at trial and appellate levels. BID No,2014-27 Electrical Contractor for Rai.ifield&Gymnasium Lighting Maintenance 19 The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. BID No; M14-27 l;lectrical C oiitractor for Ballfield&Gymnasium Lighting Maintenance 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By. City Clerk Cary D. Glickstein, Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) BIT)No.2014-27 L,lectricai Contractor for Ballfield&Gymnasium bighting Maintenimce 21 CITY OF DELRAY BEACH SPECIFICATIONS ELECTRICAL CONTRACTOR FOR BALLFIELD AND GYMNASIUM LIGHTING MAINTENANCE. ANNUAL CONTRACT BID ## 2014-27 A. PURPOSE: The purpose and intent of this 'Invitation to Bid" is to seek competitive bids for an annual contract for an "Electric Maintenance Contractor" for outdoor (ball-fields) and indoor (gymna.sium) lighting at various locations within the City of Delray Beach. Th.e awarded Contractor shall furnish all labor, materials and equipment necessa to complete all work as specified by the City, and have the capability to service multiple locations at any given time. B. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services described in this Bid and who can provide evidence of financial support, and that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business in the industry and as determined by the proper authorities by the City of Delray Beach. C. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the awarded by the City through its authorized agent. Contract shall be awarded to the lowest bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the contract, and responsibility with current customers. Reference checks, review of equipment, and examination of financial stability will be considered together with price in the contract award. D. FIRM PRICE: The City requires a firm fixed price on the unit price(s) as bid for the contract period. E. CONTRACT TERM: Term of the contract shall be one (1) year commencing on/before May 13, 2.014, and expiring one year thereafter, The City Commission or designee (i.e.. City Manager) may renew the contract, at the saute terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance., satisfactory performance and determination that renewal will be in the best interest of the City. F PERFORMANCE:. It is the intention of the City of Delray Beach to contract as specified herein with one source that will give prompt and convenient response to the City's needs. Any failure of the successful bidder to. comply with these conditions may be cause for terminating any resulting contract immediately upon. notice by the City. G. PERMITS LICENSING AND WORKMANSHIP: All bidders shall procure all permits, licenses imposed by laws and ordinances, pay all charges and fees, and give all notices necessary and incidental to the due and lawful performance of the work provided herein prior to execution of a final contract. 131D No. 2014-27 Electrical (.ontructor for Ballfield&Gymnasium Lighting Maintenance 24 K INFORMATION: Any questions in regards to submission of your bids should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243-7161. Questions regarding this Bid or the Project must be submitted in writing, via email nadal m delra beach.com . I. PUBLIC ENTITY-CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not Submit a bid on a contract to provide any goods or services to a public entity, may not.submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity„ and may not transact business with any public entity in excess of the threshold amount provided in Section 287:017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. J. CONTRACTOR'S REPRESENTATIVE: The Contractor must, at all times, provide a competent technician on the job. Such technician shall have full authority to act for the Contractor and to receive and execute orders from the City. The technician will be responsible for insuring that all work is completed as specified according to the safety and security procedures prescribed by the City. Instructions given to the Contractor's technician regarding work to be performed shall be binding on the Contractor. K. SUPERVISION CONSULTATION AND REPORTING: The City Manager or his/her designee shall approve the Contractor's work priorities, electric services. Upon request and/or necessity, an authorized City representative will accompany the Contractor to work areas to further clarify or describe required electrical service. All work will be performed under the guidance of and subject to the approval of the City. The Contractor shall consult with the City regarding the details, scheduling, and performance of the electric services. L PERSONNEL: All technicians dispatched to service designated areas must be billed as a Licensed Electrician, Un-Licensed Electrician or Apprentice. Contractor's personnel will at all times, present a neat appearance. All employees will, as a minimum, wear a uniform shirt with the company and or logo and an employee identification tag. Contractor shall use only competent personnel in performing the work described in these specifications and will provide sufficient staff to complete all work according to schedule. Contractor will provide the City, if requested, the names, addresses, social security numbers, and copy of driver's licenses (where applicable) of all personnel assigned to work under this contract with the Contractor's bid, and shall update said listing as necessary. At the request 'of the City Manager, or designee, the Contractor shall replace any incompetent, unfaithful, abusive, disorderly, or unsatisfactory person employed under this contract without recourse to the City. Contractor will be legally and financially responsible for any and all illegal acts committed by his employees while working on City property, These acts include, but are not limited to, the following: theft, accidents, vandalism, sabotage., and destruction of records. Contractor must snake full restitution and cover all costs incidental to replacement, repair, cleaning, anti/or re=creation resulting from an employee's illegal acts.. M, EQUIPMENT AND MATERIALS: The Contractor shall furnish and pay all expenses for tools, equipment, and supplies, as required to conduct the services of lighting electric maintenance specified herein, BID No.2014-27 Fleptrical Contractor for Ballhel.d&Gynuiasium.Lighting Maintenance 25 N. ACCIDENT PREVENTION: The Contractor shall exercise caution at all times and shall make j every effort to protect personnel and property. Safety provisions of all applicable laws and ordinances will be strictly observed. The City will require the Contractor to discontinue hazardous work practices via written notice once such practices are.observed. D. BID INSPECTION: It is STRONGLY SUGGESTED for all prospective bidders to inspect each City facility covered under this bid. List of facilities to be serviced and address locations as of this RFP. f=acilities may be added or deleted as required by the City of Delray Beach. Note: Contact person for inspections 'ONLY" by appointment Torn Kw otek, Recreation Supervisor III (561) 243-7255, via email kwiatel< m delira beach.com. OUTDOOR, 1FACITITY ADDR S DESRCIPTION Cativrine;Strong Park 1500 SW 61 Street sorts Li tin IBuil R Currie Commons Park 750 SE 2" Ave. S orts/Li tin uiidin Scoreboard Merritt Park 316 SW 2n Ave Sorts Li `tin /Buildin MiIter Park 1905 SW 4" Ave. S orts/Li htin uildin Scoreboard Pine Oove Park 400 SW 10;'. S orts/Li htin 8uildin Scoreboard Pom. e Park 11.01 NW 2 nd St. S orts/Lighting/Building/Scoreboard Hillto er Stadium 2505 N. Seacrest.Blvd. Spam Li ` kn /$uildin Pompey Park Pool 1101 NW 2" St. Sorts Lighting/Building. "545' Ton Celiter 505 SP, 5t Ave. Sorts Li litin uildin INDOOR Pompey Park 11.01 NW 2n Street Gymnasium/Lighting/Scoreboards Community Center 50 NW Is. Ga mnasium/Li tin ;Scoreboards Reminder: Contact person included for inspections by appointment only. P, A1]C3iTlON1DELETION OF ITEMS: The City of Delray Beach reserves the right to add or delete any'iterns(s) from this bid or resulting contract when deemed to be in the best'Interest of the City. The awarded vendor will be requested to submit a y on any new'areas to be .added to the contract Q. PAYMENT: Purchase older and/or blanket (open) purchase order(s) may be issued to successful Contractor for each location. :Contractor shall submit Invoices for services upon inspection/completion, detailing locations serviced and costs for each location, R. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEM-ENT, Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies Yes No BID No.2414-27 Electrical Contractor fir Balifteld c&Gymnasium Lighting Maintenance 26 N40EVULE OF PRN(91WG ELECTRICAL CONTRAC fOR FOR BALLFIELD AND GYMNASUO LIGHTING MA.$NTENANCE ANNUAL G ONTRACT Job Classification 4 of Av,--iL!!.-jIe Employees Licensed Vle,-to ixi :3 0 —---------- Apprentice Laborer EMERGENICY RATE CALL-OU'l- Licensed t-"lear-cian 4 Un-Licer,,.,ed Ekctriciati ........ ...... LaboreT. S LIFT BBC KETTRUCKS t One (I ) klan 0' He i.,ah Two (2) Man- 60' H fight PARTS / -),lARTVXlALS,/ SUM-AES IMARK-UP: Additional lnfunrnati,}n or Cha,,rge-,/Cost- z,P HONE '40, SUBMITTED i� B I D Ml- 20;4-2 7 onil,lc;wr."v b jjjj`C:i 27• ELECTRi CAL CO INTIFIAC TOR FOR SALLFIEU.) AND CGYMNA8IUl'j! LIGHTINC MANTIE NANCE ANNUAL CONTRACT Bid #2014-27 Address Cit , State,ZIP- contact person, Telephone Date(s)of Service T pe of Service Comments. AgericyiCompany Address Ci ,State, Zs k contact Person Telephone Dates of Service Type of Serve Ge Comments: gen Address Cal SL Date(SN of Service Comments: --------- Vendor BID No. 20 1 i-27 28 IMPERIAL ELECTRICAL INC. 11821 NW 11 Street — Plantation, Florida 33323-- Phone (954) 938-0520 -- Fax (954) 938-0530 REFERENCE LIST Broward County Port Everglades US Coast Guard David Olmstead David Robinson 954-523-3404 Ext. 3665 305-278-6726 dolmstead(cD-broward.org david.a.robinson use .mil City of Hollywood US State Department Larry Chuck O'Meara 954-234-8831 954-630-1159 lunderwood(a-)hollywoodfl.org CITY OF SUNRISE DOT STEVE KANE Neil Villena 954-240-2725 954-677-7895 skanena.cityofsunrise.org nilo.villena(a7dot.state.fl.us Broward County Parks GSA Services Ingrid Triplett Ft Lauderdale Federal Court House 954-577-4640 Joe Sabina 954-356-7612 Broward County Housing Authority Barbra Segal DOT Turnpike 954-739-1114 Ron Williams 954-934-1109 Broward Community College ronny.williams(cD-dot.state.fl.us Mike Coval City of Aventura 954-444-0632 Tony Tomei mcoval(c7Dbroward.edu 1-305-466-8900 Broward County Parks Broward County Purchasing Shoban Smart Christine Calhoune 954-577-4624 954-357-6085 ssmart .broward.org ccalhoun(c�broward.org City of Pembroke Pines City of Ftlauderdale Chuck Vones Mark S. Friedman 954-443-4829 954828-5074 cvones ines.com mfriedmanCcDfortlauderdale.gov Musco Sports Lighting City of Sunrise Jason Frucht Steve Kane 954-732-5674 954-747-4633 iason.frucht(a7musco.com can erer cit ofsunrise.or World Electric City Electric William Olson Cheryl Leathers 954979-1960 954-938-0801 bill.olson(o-)woridelectricsupply.com cleathers@ces-us.net Eaton Corporation Broward County Michael De Floria Anne Birch 954-570-3680 954-831-4109 michaelidefloriaa-eaton.com abirchCEDbroward.org Synergy ID Broward County Florida League of Cities William Kristen Michael Matheny 888-580-7080 wkristen(cDbroward.org mmatheny(,5synergyid.com Town of Lauderdale By The Sea Cooper City Don Jerry 954-275-0908 954-675-8626 don lauderdeleb theses-fl.gov Coral Springs City of Miramar Charlie Tony 561-767-2791 954-548-0125 tlmarineEli a(�.ci.miramar.fl.us IMPERIAL ELECTRICAL INC. 11821 NW 11 Street— Plantation, Florida 33323— Phone (954) 938-0520 Fax(954) 938-0530 CURRENT CITY AND COUNTY CONTRACTS CITY OF SUNRISE Electrical Maintenance Term Contract Contract#(06) C-33-C Steve Kane 954-747-4633 CITY OF HOLLYWOOD Electrical Maintenance Term Contract PO#B001665 John Sullivan 954-465-8446 Town of Davie Electrical Service Agreement 2011 thru 2014 B-11-57 City of Miami Gardens Electrician Services 2012 thru 2016 ST LUCIE COUNTY Electrician Services RFP#05-054 DOT TURNPIKE Electrical Maintenance Term Contract MA10136 Ron Williams 954-868-7928 DOT TURNPIKE Electrical Maintenance Term Contract BDG17 Gordon Dobbins 954-214-3801 BROWARD COUNTY Electrical Pre Qualified Vendor T-5-04-095-B2-1 Cooper City Security & Sport Lighting Systems, Preventative Maint. Bid #2009-5 Broward College Electrical Maint & Svcs Contract Mike Coval 954-444-0632 City Delray Beach Ballfield & Gymnasium Lighting Maintenance Bid #2010-22 City of Boca Raton Electrical Maintenance 2010 thru 2013 Greg Kuller 561-416-3390 Coral Springs Electrical Maintenance 2010 thru 2013 City of Parkland Electrical Maintenance 2011 thru 2014 Steve Rodgers 954-410-3305 City of Miramar Electrical Maintenance 2012 thru 2016 Tony Marinelli 954-548-0125 CITY OF DELRAY I® SIGNATURE FORA ELECTRICAL CONTRACTOR FOR BALLFIELD AND GYMNASIUM LIGHTING MAINTENANCE ANNUAL CONTRACT Bid #2014-27 PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO DO 30 SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL The undersigned:bidder certifies rhat..this bid package is submitted in accordance with the specification in its entirety and with. full understanding of the conditions pvcrning this bid" (Jn�\CtS l t� CGtrj G OF FlOr o (nL Name of Bidder(Firm Name as Registered with their State of origin) Business Address: (�i� 't--� �J VQ I-1 Street Address (P-O7 Box Address is not permitted) fty � W. 'Icjtr(-tc It . F4, 3 q City, State, Zip Mailing Address: ,Check if Same as Business Address above Street Address City, gate, Zip Authorized gnature ( ri en) v h t 1 it Print Name and Title of Person Signing this Form IA-2-9— 11.4 ( C12424 81-4 �_ LAY:t_• Date Telephone J Fax No. Email Address of Authorized Signee: ii [,�ri,' r� r Ii , � '1 VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: _ Phi ) hy-014 rr-)0 r) � 1�+ �� ��� ry) q r) TELEPHONE: t4 {4I BID-No. 2014-27 Electrical Con(Taator For Balltield&Gymnasium Lighting Maintenance 29 F 1 f CITY OF DELRAY BEACH 100 NW Vt AVENUE,DELRAY BEACH,FL 33444 BID No. 2014-27 ELECTRICAL CONTRACTOR FOR BALLFIELD AND GYMNASIUM LIGHTING MAINTENANCE ANNUAL CONTRACT MAYOR -CARY D.GLICILSTEiN VICE MAYOR -SHELLY PETROLIA DEPUTY VICE MAYOR -JORDANA JARJURA COMMISSIONER -AL JACQUFT COMMISSIONER -ADAM FRANKEL CITY MANAGER -LOUIE CHAPMAN,JR. Purchasing D#vision*Finance Department♦(561)243-7161/7163♦Fax(561)243-7166 CC) Pj INDEMN;ITYIHOLD HARMLESS AGREEMENT ELECTRICAL CONTRACTOR FOR BALLFIELD AND GYMNASIUM LIGHTING MAINTENANCE ANNUAL CONTRACT Bid #2014-27 Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Defray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily Injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. inc, Contractors Name §1gnat# BID No. 2014-27 Electrical Contracior for Ball field& Gymnasium Lighting Maintenance CONE OF SILENCE ELECTRICAL CONTRACTOR FOR BALLFILED AND GYMNASIUM LIGHTING MAINTENANCE Sid #2014-27 The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec..2-355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between; (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The.cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth. in the county purchasing ordinance (County Code., chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the c e of silence pro signs in t section shall render the transaction voidable. Contractors Name gnatu Date 1311)My 2014-27 Electrical Contractor for Balltteld&Gymnasium Ughti.ng Maintenance DRUG FREE WORKPLACE CERTIFICATION ELECTRICAL CONTRACTOR FOR BALLFILED AND GYMNASIUM LIGHTING MAINTENANCE Bid#2014-27 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL, TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1), 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after Such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 8) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. C 1 f-i.:tc I C Cantracbrs Name Sig re 13ID Ne.2014-27 Electrical Contractor for 13allfield&Gymnasium Lighting Maintenance 12 Client#: 66630 UNIEI_1 ATE(MMIDDIYYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Certificates Department Advanced Insurance Underwriters, LLC HONlo Ext:954-416-9716 FAX N,: 954-416-9717 3250 N.29th Ave E-MAIL certiflcateofinsurance @advancedins.com Hollywood,FL 33020 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio Security Insurance Company INSURED INSURER B:Ohio Casualty Insurance Group 24074 Universal Electric of Florida, Eric. INSURER c;FCCI Insurance Company 10178 8c Philco Electric of Florida, Inc. 6784 NW 17th Ave INSURER D: Fort Lauderdale, FL 33309 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICYNUMBER MMIDD MMIDDIYYYY LIMITS A GENERAL LIABILITY BKS155588882 3/0112014 03/01/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(E.occurrence $100,000 CLAIMS-MADE 7XI OCCUR MED EXP(Any one parson} $15,000 X PD Ded: 500 PERSONAL&ADV INJURY $1,000,000 Per Claim GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: I PRODUCTS-COMPIOPAGG $2,000,000 POLICY r 7 JECT PRO I LOC is A AUTOMOBILE LIABILITY BAS155588882 0310112014 03101!201 COMBINED SINGLE LIMIT Ea accident 1,000:000 X ANY ALTO BODILY[N.{URY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS { NON-OWNED PROPERTY DAMAGE X HIREDAUTOS X AUTOS Per accident Is 3 j $ B UMBRELLA LIAB OCCUR US0155588882 3!0112014 03101/2015 EACH OCCURRENCE $2 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s2,000,000 DED I X RETENTION$10,000 $ C WORKERS COMPENSATION WC13A45306 3!0112014 03101!201 X WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROP RI ETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N] N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Blanket Additional Insured status and Blanket Waiver of Subrogation provided when required by written contract in respects to the General Liability 8r Contractual Liability. CERTIFICATE HOLDER CANCELLATION City of Delray Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 NW 1st Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE Q 1988-2010 AC RD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of'! The ACORD name and logo are registered marks of ACORD #S10976681M 1079819 MRH kC 6128021 STATE OF FLORIDA DEPARTMENT OF BUSINESS° AND PROFESSIONAL REGULATION ELECTRICAL. CONTRACTORS LICENSING' BOARD. SEQ#L12051500884 DATE BATCH NUMBER liICENSE NBR 05' 15 2Q12 .'1118185177 .' . E'C13001975 ` .. Y_ lip *Business Qualification The ELECTRICAL CONTRACTOR Named below..IS CERTIFIED. Under the provisions of Chapte Expiration date AUG 31, 2014 _ KROYMAN, PHILLIP L A 4� UNIVERSAL ELECTRIC. OF.; FLORIDA 6784 N.W. 17TH AVENUE AVENUE ��� FORT LAUDERDALE FL 3330. RICK SCOTT KEN LAWSON GOVERNOR SECRETARY. DISPLAY AS REQUIRED 8Y LAW' 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1,2013 THROUGH SEPTEMBER 30,2014 DBA: Receipt#'EL CTRICAL /ALARMS/CONTRAC R Business Name:UNIVERSAL ELECTRIC OF FLORIDA INC Business Type: (ELECTRICIAN/FIRE ALARM CONTRAC) Owner Name: PHILLIP L KROYMAN JR/QUAL Business Opened:08/23/2007 Business Location: 6784 NW 17 AVE State/County/Cert/Reg:EC13001975 FT LAUDERDALE Exemption Code: Business Phone: 9�,4-484-5233 i Rooms Seats Employees Machines Protessionai= 10 �a3 For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 27,00 0.00 0.00 0.00 0.00 0.00 27.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non-regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location.This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: PHILLIP L KROYMAN JR/QUAL Receipt #13B-12-00010087 6784 NW 17 AVE Paid 07/10/2013 27.00 FORT LAUDERDALE, FL 33309 2013 - 2014 CORPORATE ACKNOWLEDGMENT STATE OF I L! (.�C COUNTY of �rC� The foregoing instrument was acknowledged before me this a day of ter 120 J ' by Et'111 :) name � nme a o officer or agent, title of officer or agent), of tjr)jVQ r,(j I rInAri�- of FV1 , I f) (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used hislher (type of identification) as identification. Signa re of P n Tak' g Acknowledgm Name of Acknowledger Typed, Printed or Stamped CRISTINA N. RODRIGUEZ = Notary Public -State of Florida :. My Comm. Expires Oct 15,2017 o• Commission # FF 038850 BID No. 201I-27 l.leclrical Contractor for Balllield&Gymnasium Lighting Mainlenanee 22 CERTIFICATE (If Corporation) STATE OF FLORIDA } } SS COUNTY OF ) -- - Bn 0co d _ ) HEREBY CERTIFY that a meeting of the Board of Directors of �1K � C-W-Ltd i L L ��1�Y idd 6N, a corporation under the laws of the State of 00 d 0 held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that )l o -�:f Arnonjr, as esdolt President of the corporation, he/she is hereby authorized to execute the Agreement dated ' i L' 20 1' , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 201 . e �i (SBcret ry) (Seal) BID No. 2014-27 Electrical Contractor for f3allfield&Cjymnasium Lighting Maintenance 23 INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,.000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy-Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Emp#dyer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as .additional insured, If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration.. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". BID No, 201=1-27 Electrical Contractor for Ballkld&Gymnasium Lighting Maintenance 13 Attachment I, 1 of 3 AC090G. CERTIFICATE OF LIABILITY INSURANCE rRaDUHSR THIS CERTIFICATE IS i SUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Good Insurance, Inc. ALTER THE THIS AFFFFORDED NOT Y THE POLICIG$$ OR. P.O, Box A-1 Beat City, USA 00000 INSURERSAFFORDINGCOVERAGE NAIrA uiHSURFP SWRERk Willing Workers Assoc. MSURERCL ABC Drive HS IiERC Anptown, USA 00001 wsuRSROL RV6URERllB COVERAGES THE FCi01M OF NSURAWE LWTEO BELOW HAVE BEEN MUeo TOYHE IUSuFEn nKhnEO AOVE FOR THE POLICYPEJUDD r-AM.NOTWISHr.TMlUm Jh1Y REQUIREMENT,TEFIl.1 ORq CONCMON OF ANY CONTRACT OR"M POCUMENT W"AESPECT To WHICH THM CERTIFICATE MAY SE 15SVEP OR MAY PERTAIN,THE INWRAFICE AFFPROED BY THE-POLICIES CESCRMD HEREIN Is SUBJECT TO ALLTNE TERMS,EXCLUSIONS ANOCOWDMNS OF SUCH FOLIQIES.AGGREGATE LINTZ SHOWN MATHAVE BEEN REOUCEO BY PAID OIAIMS. M7w- o P91 CYNW[Sflt P LiYE Y 044 H cuDf:. I:1!BRRA4L1AwLITY EACROCa3ImEkGE 01/oi/io 01/01/11 A E 4 500,000 COMMERCIAL OESIM LNWry GLP077604 x 0.UM5 was ❑aeCLP MCDFW y" i PERSONALCAMIwwr i 6ETIR.RAL A6GRELWI6 $ a (,Tr�fL,AOG/LEISl1TE L1c7"AP PEflI PRODUCTS-COWOP G' POifCY 1'Rn• LOC AWOUGBILELHABUTY (4 'H91 iINGII,+LIhUT ..300"000- A NVALRO ALP077606 01/01/10 01/01/11 ALL OWNEo AUTOS 9O4E.YIRNRY = a0"FOiULRQAUTM. mW P_'P Kf*aA TOO RODWYM M7Y j NOR-OYMEDA.UTOS lR+fiamdal7 PROFERTYFWAAOE $ i (POI Ardde ) DARSaauALrRm ... AvraoHLY-CAAIx;HOERr 9 GAiNCC z It AHT AUrt) tl 7=SLY'µ i E] US&NMRMNLLAUADASLY -- - EA0i OCCLARRrNGE s. OCA:R CLP b MACE A=REGAIE E l OEOUMIDL£ Y REn7;nOP1 7 S .$TA • tliTt WORKER.cwHrENaAYwN.040 `.B.timro B r"FLOYEWuAsam WLP077606 03/01/10 03/01/11 E,LEN}IACMOEW S 100 000 O PpLI, EFWERggOlj,pEp7 El.DISEASE•EAEMPLOYFF t 100 000 H1�eL.dE+di+w 814N86n'ar F.L.p(gEASC•HOLJGYl1tIR S OTHER p61PFRIFTEON 4PaP6RA17pM$fLAtwTIVRRlYEWCLES IEJLCL4SIOME Woeu aYHebawH:EYE17flRPEdA4 P3LOMSlpEl THIS INSURA9.C$ APPLICABLE TO (state project) *CITY. OF.DELRAY BEACH IS ADDITIONAL INSTATED — see attached endorsement. C5"FICATE HOLDER CANCELIATICRt . SHOULD CIVOAEYEIE EktI11;ATID1i CITY OF AELAAY BLACA DkrE nw;mr.nm wmmm usma wRL EHOSAwR to 9"L 30 a►n,wRUreT 100,XW let AVENUE N TICETOTHO ComniHCAn!HMDM NAMED TO TM LWF,WFFAUNG TO DO W Pw" DELRAY BEACH, FL 33444 HDHQit Ntl OIRMTKH(OR UiOILM OF ANY ICND UPON-big INSURVA rns AOVM OR RSPRESENTATIVE& AUrIldW=REPROWATNE ACDRU 25(20D1/0BI 0 ACORQ CORPORATION SIBS BID No.2014-27 Electrical Contractor for Ballfield&Gynnasiunr Lighting Maiartenance 14 IMPORTANT tf the certificate Wder Is an ADOI IONAL [NSOREf3, fits oicyfi8s) must be endarrW. A statement ogl this certlrtemte does not confer rights to the aert hcata holder In Geu of'such endarsemarlgs). If $UBROGATION IS WAIVED. subject to tte3 turns and candldans of the Oicy, certain pollutes may regLAm an eadmement A statement on this Colttffca;te does not confef rights to the certlficste holdetirt lieu of swh erfdarsenwnt(s). ' €7lSC�tM�R The GsrtWats of trtstuance ou the reverse sld$ d Vie farm does not, constlhrte a contract between the tssufng insu>3r(s). audio ized repftswta ttro or producer, and the eartillcate hatdcr, nor doeo x atftnmuvOy or nWaVvely amewl, extervi or after Qw coverage afforded by the policies Mad theroon. Lift)No.2014-27 lJceLrical Contractor fOr Ballfield&Gymnasium fighting Maintenance 15 POLICY NUMBER: COMMERGIAL,GENERAL,LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAM IT OARErULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: .CaMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE E Name of Addiflonal Insursd Persons Or tar artizaffon s lnfotrnation required to cam lete this Schedule If not shown above,will be shown to the oedaraflons, Section 1! -Who Is An Insured €s amended to in- clude as an additional Insured the person(s)or organf- zatton(s)shown In the Schedule, but only with respect to Iiabltlty for "bodily injury", "property datnagu" or "personal and adve using InJury" =sad, in whole or In part, by your acts or omisslons or the acts or omis- sions of those acting on your behalf. A. In the psrforrnanoe of your ongoing operations;or s. in connection with your premises owned by or rented to you. BID No,2014-27 Electrical Contractor for Ballfield& Cynanasium Lighting Maintenance 16 1611SAMPL.E" STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20—, by and between the CITY OF ©ELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid. 1 -2 Table of Contents 3 General Conditions, Instructions and Information 4-9 Indemnity/ Hold Harmless Agreement 10 Cone of Silence 11 Drug Free Workplace Certification 12 Insurance Requirements 13 Sample Insurance Forms 14 - 16 Standard Form of Agreement 17-21 Corporate Acknowledgment 22 Certificate (if Corporation) 23 Specifications 24- 26 Schedule of Pricing 27 References 28 Bid Signature Page 29 Statement of No Bid 30 Attachment"A" 31 1311)No. 2014-27 Electrical Contractor For Ballfield&Ciymnasium Lighting Maintenance 17 Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now .and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, Ft. 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR 7. The CONTRACTOR shall not, without prior written} consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. BID No.2014-27 Llec.trical Contractor for Balltield&Gymnasium LighOng Maintenance 18 i 9. In consideration of ten dollars ($10,00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys' fees and costs at trial and appellate levels. 1311)No,2014-27 Electrical Contractor for 13alifield&Gymnasium Lighting Maintenance The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. BID No. 2014-27 Electrical Contractor for Ballfield& Gymnasium Lighting Maintenance 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA. By; City Clerk Cary D. Glicksrein, Mayor I Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) RID No. 2014-27 Llecti ical Contractor for Ballfreld&.Gymnasium Lighting Maintenance 21 CITY OF DELRAY BEACH SPECIFICATIONS ELECTRICAL CONTRACTOR FOR BALLFIELD AND GYMNASIUM LIGHTING MAINTENANCE ANNUAL CONTRACT BID # 2014-27 A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to seek competitive bids for an annual contract for an "Electric Maintenance Contractor' for outdoor (ball-fields) and indoor (gymnasium) lighting at various locations within the City of Delray Beach. The awarded Contractor shall furnish all labor, materials, and equipment necessary to complete all work as specified by the City, and have the capability to service multiple locations at any given time. B. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services described in this Sid and who can provide evidence of financial support, and that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business in the industry and as determined by the proper authorities by the City of Delray Beach. C. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the awarded by the City through its authorized agent. Contract shall be awarded to the lowest bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the contract; and responsibility with current customers. Reference checks, review of equipment, and examination of financial stability will be considered together with price in the contract award. D. FIRM PRICE: The City requires a firm fixed price on the unit price(s) as bid for the contract period. E. CONTRACT TERM: Term of the contract shall be one (1) year commencing onlbefore May 13, 2014, and expiring one year thereafter. The City Commission or designee (i.e. City Manager) may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. F. PERFORMANCE: It is the intention of the City of Delray Beach to contract as specified herein with one source that will give prompt and convenient response to the City's needs. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the City. G. PERMITS, LICENSING_AND WORKMANSHIP., All bidders shall procure all permits, licenses imposed by laws and ordinances, pay all charges and fees, and give all notices necessary and incidental to the due and lawful performance of the work provided herein prior to execution of a final contract. 131D No. 2014-27 Flectrical Contractor for Ballfielrl&Gymnasium Lighting Maintenance 24 H. INFORMATION: Any questions in regards to submission of your bids should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243-7161. Questions regarding this Bid or the Project must be submitted in writing, via email nadal(cr�.mydelraybeach.com . 1. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. J. CONTRACTOR'S REPRESENTATIVE: The Contractor must, at all times, provide a competent technician on the job. Such technician shall have full authority to act for the Contractor and to receive and execute orders from the City, The technician will be responsible for insuring that all work is completed as specified according to the safety and security procedures prescribed by the City. Instructions given to the Contractor's technician regarding work to be performed shall be binding on the Contractor. K. SUPERVISION CONSULTATION AND REPORTING: The City Manager or his/her designee shall approve the Contractor's work priorities, electric services. Upon request and/or necessity, an authorized City representative will accompany the Contractor to work areas to further clarify or describe required electrical service. All work will be performed under the guidance of and subject to the approval of the City. The Contractor shall consult with the City regarding the details, scheduling, and performance of the electric services. L PERSONNEL: All technicians dispatched to service designated areas must be billed as a Licensed Electrician; Un-Licensed Electrician or Apprentice. Contractor's personnel will at all times, present a neat appearance. All employees will, as a minimum, wear a uniform shirt with the company and or logo and an employee identification tag. Contractor shall use only competent personnel in performing the work described in these specifications and will provide sufficient staff to complete all work according to schedule. Contractor will provide the City, if requested, the names, addresses, social security numbers, and copy of driver's licenses (where applicable) of all personnel assigned to work under this contract with the Contractor's bid, and shall update said listing as necessary. At the request of the City Manager, or designee, the Contractor shall replace any incompetent, unfaithful, abusive., disorderly, or unsatisfactory person. employed under this contract without recourse to the City. Contractor will be legally and financially responsible for any and all illegal acts committed by his employees while working on City property. These acts include, but are not limited to, the following: theft, accidents, vandalism, sabotage, and destruction of records. Contractor must make full restitution and cover all costs incidental to replacement, repair, cleaning, and/or re-creation resulting from an employee's illegal acts. M. EQUIPMENT AND MATERIALS: The Contractor shall furnish and pay all expenses for tools, equipment, and supplies, as required to conduct the services of lighting electric maintenance specified herein. 1311 No.2014-27 Flectrical Contractor for Bailf-ield&Gynmasium bighting Maintenance 25 N. ACCIDENT PREVENTION: The Contractor shall exercise caution at all times and shall make every effort to protect personnel and property. Safety provisions of all applicable laws and ordinances will be strictly observed. The City will require the Contractor to discontinue hazardous work practices via written notice once such practices are observed. O. BID INSPECTION: It is STRONGLY SUGGESTED for all prospective bidders to inspect each City facility covered under this bid. List of facilities to be serviced and address locations as of this RFP, Facilities may be added or deleted as required by the City of Delray Beach. Note: Contact person for inspections "ONLY" by appointment: Tom Kwiatek, Recreation Supervisor III (561) 243-7255, via email kwiate kp_myd e I ray beach.corn. OUTDOOR FACITITY ADDRESS DESRCIPTION Catherine Strong Park 15QO SW 61 Street Sorts Lighting/Building Currie Commons Park 750 SE 2n Ave. S ports/Li htin uildin Scoreboard Merritt Park 316 SW 2 nd Ave Sorts Li tin Buildin Miller Park 1905 SW 4t Ave. Sports/Lighting/Building/Scoreboard Pine Gave Park 400 SW 10t . Sports/Lighting/Building/Scoreboard -Pornpey bark 1101 NW 2"d St. Sports/Lighting/Building/Scoreboard -Hilltopper Stadium 2505 N. Seacrest Blvd. Y Sorts Lighting/Building -Pompey Park Pool 1101 NW 2° St. Sorts Lighting/Building E "505' Teen Center 505 SE 5t' Ave. Sorts Lighting/Building INDOOR Pom e Park 1101 NW 2n Street G mnasiumlLi tin Scoreboards Conununit Center 50 NW l-3t. Ave G mnasiuni/Li tin /Scoreboards Reminder: Contact person included for inspections by appoin.tnllent only. P. ADDITION/DELETION OF ITEMS: The City of Delray Beach reserves the right to add or delete any items.(s) from this bid or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any new areas to be added to the contract. Q. PAYMENT: Purchase order and/or blanket (open) purchase order(s) may be issued to successful Contractor for each location. Contractor shall submit invoices for services upon inspection/completion, detailing locations serviced and costs for each location. R. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies Yes No SID No.2014-27 Electrical Contractor for Ballfield&Gymnasium Lighting Maintenance 26 SCHEDULE OF PRICING ELECTRICAL CONTRACTOR FOR BALLFIELD AND GYMNASIUM LIGHTING MAINTENANCE ANNUAL CONTRACT BID #2014-27 Job Classification Dourly Rate # of Available Employees Licensed Electrician Un-Li,censed Electricians $ 3�•gyp 2� -Apprentice $ Laborer $ 22-.90 EMERGENCY RATE CALL-OUT Licensed Electrician $ _pd Q Un-Licensed Electrician $ -Apprentice 10 Laborer $ .` Q LIFT BUCKET TRUCKS One (1) Man—50' Height $ . Two (2) Man--- 60' Height $ =- PARTS / MARTERIALS/SUPPLIES MARK-UP: % Additional Information or Charges/Cost: SUBMITTED BY: ' j-I�'i��I.'jYl_ ---- TELEPHONE NO. 95 - L4 F)(-i S2-:�' BID No.2014-27 Nectrical Contractor for Balffield&Gymnasium Lighting Maintenance 27 REFERENCES ELECTRICAL CONTRACTOR FOR BALLFIELD AND GYMNASIUM LIGHTING MAINTENANCE ANNUAL CONTRACT ! p Bid #2014-27 -Agency/Company �i omf) (w uoltf��;o (�# 1c t_y trIc e(A Address t4soi out-'an D ' °c -City, State,Zi L_U�)(Jcr�do I c r fr)f .Sf0 FL Contact Person le I✓' I �' ���1( Te hone CI Sfa- -J(,,40-C) S -16 Dates of Service c-�a i Q - ! Present -Type of Service Icr� ( ��tol ���t<r]QlWe Or)o �ZC Comments: -Agency/Company �,ot) Address X City, State,Zii Contact Personfli��� Telephone aW.� Dates of Service -Type of Service 1= �� I �� � '�� cric: ( r,(_;t Comments: A en 1Com art rr���.I t- Address coum L t). uc -City, State,Zip PoLn Contact Person . Telephone _Date(s2 of Service rrsf r Typ of Service -ufctv �- c 1 oc m 1 unuf ulrl Comments: Vendor: \Ah1\iCfSQl t-: Iccfri C. 3-C Fl ridCl v i'1 L 131D No. 2014-27 Fliectrical Contractor for Ballftold& Gymaasiu[n Lighting Maintenance 28 U F- U Q U Z o LU — WQ o 0 0 0 0 o a o 0 o Lu tCO„ ❑ n N m Ol O Q 1-1 4i M O J OR N 00 CO N w �' � -4 1- Q Ln � � � � � � 00 r+ �' � Q O Q '�J- M N N ill Ln M M m 00 r-I Z C3 0 V" i!? V/ i!} V} in Vl i!} if} 4jF ui J LL LLI LL a z 0 a cz a z z MJ a c D E LLI Z -o Z m u J z p a _a O o 0 0 0 0 0 0 ca o LL iZu N a/ V 0 0 0 0 0 0 0 0 w r7 7 O N O O O N O Ln Ll M rl m ra d F � O N O z m N N �t M N N �t Q L31 > tD J Z Z m LLB t U S o a U � a a ! Y aUi N v a H n W O ° V °1 NY w U C L7 .e a� Z Q s O � x d L u a m m U 2 z o CG LL a, o N Q m O m _ man 3 } cu O m � J Q v v w p v v OG E ta0d U m V m aL, cn .tn +L U m +`J O o U 0 0 U CJ Ql .0 v v v 4, To v v u OTC sL+ :i f�6 +�+ Lu trl w + w Ifl Y LZ i LI] CD Z u H 47 aL v v v �^ v w v +� ro co +, O v v 7, v v v �. m ra Q O w LR u w vi u a c0 u i L u Ln u cu Z vi u C _0 c •Z .x _ -0 C Y O Y a v c a °► v °' c `m " iv µ' v v c v v v a a, u Ln U QJ L 1/] V v L = � m N Cd Q1 L N U QJ Z C L Q C O v O ;' C L n d 1 L O 00 v O d Q Wa u c Q u ate., m � � � m � u � � m � u c Q ro � c 3 � uj ro O J Q J {al J Q J r O }^ Q J Q J w J n 0 m �PF9TAT_., UT TRICAL INC. 951 NW 51 Place•-Ft Lauderdale, Florida 33309— Phone(954) 938-0520-- Fax(954)938-0530 912/2014 To: City of Delray Beach Re: Bid No 2014-27 Electrical Contractor For Ballfield and Gymnasium Lighting Maintenance We will extend our bid pricing from April 28, 2014 to the city for an additional 60 days from todays date. • 41'ce efango nw 1 st Plantation, Fl 33323 954-325-2133 954-938-0530 Fax Mteran o aal.com w MEMORANDUM W TO: Mayor and City Commissioners FROM: Finance Department THROUGH: Terry Stewart, Interim City Manager DATE: September 4, 2014 SUBJECT: AGENDA ITEM 8.V.2-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 MULTIPLE VENDORS/CHEMICALS AND FERTILIZERS BACKGROUND The City of Delray Beach is lead agency on this joint bid with the City of Boynton Beach, City of Boca Raton and the City of Greenacres for the purchase of Chemicals and fertilizers that will be ordered "as needed" via purchase order. On June 30, 2014, Delray Beach Purchasing received ten (10) bids for chemicals and five (5)bids for fertilizers. The bid included 141 items. The primary users of this bid, Parks Maintenance and the Delray Beach Golf Courses reviewed the pricing proposals and recommends the bidders be awarded as follow: Recommended Vendor(s): CROP PRODUCTION JOHN DEERE LANDSCAPES SERVICES DIAMOND R. FERTILIZER SUNNILAND CORP. CO, INC. *All chemicals and fertilizers are HELENA CHEMICAL UNIVAR USA ordered on an"as needed basis"to COMPANY meet the needs of the City of HOWARD FERTILIZER& WINFIELD SOLUTIONS Delray Beach. CHEMICAL COMPANY This bid may be renewed at the same terms, conditions, and pricing for two (2) one-year (1) extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. By utilizing the pricing established in this joint bid with other Municipalities the City of Delray Beach will be provided the lowest competitive prices from the recommended vendors due to the combined estimated total of usage. At this time, joining forces with the other Municipalities for cooperative purchasing to secure the lowest possible pricing appears to be the most practical option. The bid and recommendation complies with the Code of Ordinance, Section 36.02 (A)(1), and "Competitive Bids". DISCUSSION The item before Commission is approval of Bid No. 2014-33 to multiple vendors for the purchase of chemicals and fertilizers. FUNDING SOURCE Funding is available from mulitple accounts as listed below: 001-4511-539-52.26 Operating Supplies/Gardening 119-4144-572-52.21 Beautification Trust Fund/Operation 445-4714-572-52.26 DB Municipal GC/Operating Supplies 446-4714-572-52.26 Lakeview GC/Operating Supplies/Gardening Supplies RECOMMENDATION Staff recommends approval of Bid No. 2014-33 to multiple vendors as listed as the lowest, most responsive,responsible bidders for a projected annual expenditure of$230,000 for FY 14/15. in .c ❑ N ,� c E U) C) o ,� ❑ rn ro m 0 0 rue r? tp co n cq m E u7 m r n c`! E m r? E C to L6 a � a °' cn .Q r_i O a rn m O N m Z N U) c e9 V9 N 69 0) Z EM u� 64 Z C 7 Y) X X N U 3 O X M N V N X m N x N N r ti C p ❑ ❑ Ca ❑ © p c rn E w E m m m E m E m Z co p M O ❑ ❑ca ❑m O O O Z Z Z Z u9 Ol z fA if1 Z Z z to N V r u? 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G � § k2 k to - I - - ® 2 � m § k ■ e § � C E cu cc E OL / __ CD / e + E \ 0 \ k fn 2 k z /z o - t2 m E Co ui 2 k ) / k $ B § \ / k k to \ w � ~ o � 2 � - z z k R O i @ ® 2 N a R I-- 6 L) \ \ F m x _ ■ LL ■ z g 0 \ R 0 < » 2 z q ® m \ 0 \ � k \ - _cu 0 4 FL a �_ m I j 5 i 0 4 Cp R LL 0 � ± § R / 3 g \ CL D _ L 2 co q Q t ; 2 s c 2 � \ F- q \ < \ k k � E � k \ k \ � 2 e ■ 3 LU ■ 2 I; LU c 0 li _ § L 4 - . C4 § � o ■ o � kf � ° ° U B ¢ 0 CL § ± k 2 k CD I � 2 / ) 2 LU2 8 { CD ± a / / § ® S 0 M0 } { o a m N b E Of k § � a. 2 / 0p: z< \ o ® 2 - u & zU L W Zz / LLUED % ƒ uj 0g 222 § x $ (L LU \ ° / ƒ % / v_ z 2 \ 2 / 5 = 2 L � 2 k 2 § k LL ƒ $ § LU - � � Nadal, Patsy From: Witty,Joan Sent: Wednesday, September 03, 2014 11:05 AM To: Nadal, Patsy Subject: FW:Chem & Fert - Bid #2014-33 From: teeroe ner aoi.cam [mailtoaeeroegnerCabaol.com] Sent: Wednesday, September 03, 2014 11:04 AM To: Witty, loan; ieffgolfgrass(d)yahoo.com Subject: Re: Chem & Fert - Bid #2014-33 Patsy: We concur with the attached bid sheet as long as we can utilize more than one vendor from the sheet. This will help us for pricing and availability for chosen product. T^m Roegner/Jeff Taylor -----Original Message---- From: Witty, Joan <Witty(a)mydelraybeach.com> To: teeroegner<teeroegnerCdaol.com> Cc: Jeff Taylor 0effgolfgrass(d)yahoo.com} <ieffgolfgrass(d)yahoo.com>; sflgolf<sflgolf @aol.com> Sent: Wed, Aug 27, 2014 8:43 am Subject: FW: Chem & Fert-Bid#2014-33 Please see attached and confirm with Patsy ASAP. From: Nadal, Patsy Sent: Tuesday, August 26, 2014 4:53 PM To:Witty, Joan; Simmons, Tim Cc: Stephens, Senovain Subject: Chem & Fert- Bid#2014-33 Importance: High This request is time-sensitive since the bid pricing submitted is guaranteed for sixty(60)days. Please review the attached tab sheets and return an OK or DENY for Commission. If you have an estimated annual total U for your needs, please send that also. Thanks Patsy J. Nadal Purchasing Department Ph. (561)243-7161 Fx. (561)243-7166 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. 1 Nadal,Pabsy From: Nadal, Patsy Sent: Wednesday, August 27, 2014 8:27 AM To: Stephens, Senovain Subject: RE: Chem & Fert- Bid#2014-33 Good Morning......Thank You Y a V Y,Na" Purchasing Department Ph. (561) 243-7161 Fx. (561) 243-7166 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. From: Stephens, Senovain Sent: Wednesday, August 27, 2014 7:04 AM To: Nadal, Patsy; Simmons,Tim Cc: Dowdell, Ja'Anal Subject: RE: Chem &Fert - Bid #2014-33 Good morning, In the chemical bid: item#53 should go to Crop Production Services for the price of$420.30 for a 30 gal. dru not for John Deere Landscape. I am sure that they mean $16.63 per. Gallon for a 30 gal. drum=$498.90 for 30 gal. drum. Everything else looks good on both the Chemical and Fertilizer—Bid#2014-33. From: Nadal, Patsy Sent: Tuesday, August 26, 2014 4:53 PM To: Witty, Joan; Simmons, Tim Cc: Stephens, Senovain Subject: Chem &Fert- Bid #2014-33 Importance: High This request is time-sensitive since the bid pricing submitted is guaranteed for sixty(60)days. Please review the attached tab sheets and return an OK or DENY for Commission. If you have an estimated annual total $$for your needs, please send that also. Thanks Purchasing Department Ph. (561) 243-7161 Fx. (561) 243-7166 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. i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: September 10, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 WAIVER REQUESUDEPOT SQUARE APARTMENTS BACKGROUND Depot Square Apartments is a proposed multi-family residential development that will include 284 dwelling units in 7, three-story buildings. The property is zoned MIC (Mixed Industrial Commercial), which allows multiple family developments and is surrounded by a low density residential neighborhood to the east and I-95 and the CXS Railroad to the west. At its meeting of August 13, 2014, the Site Plan and Review Board approved a subdivision monument sign and flat wall sign for the project under a master sign program. The developer also requested approval to allow the installation of a monument sign to be located at the southwest corner of Lake Ida Road and Depot Ave. This sign is considered an off-premise sign, since it will not be located adjacent to the subdivision. Pursuant to LDR Section 4.6.7 (J)(2) Off-Premise signs are listed as being prohibited by the code and therefore,require a waiver from the LDR's. Waiver Analysis: Prior to granting a waiver under LDR Section 2.4.7(B)(5), the granting body shall make findings that granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A positive finding can be made to Waiver Findings (a) (b) and (c) however, a positive finding cannot be made with respect to Waiver Finding (d), as it would result in the granting of a special privilege. Staff is unaware of any other off-premise signs that have been approved for a business or a residential subdivision. The Coral Trace subdivision requested a similar off-premise sign to be located on Atlantic Avenue as their subdivision entrance is located .5 miles to the north of Atlantic Avenue and was denied at staff level. The Vinings subdivision, which is located off of Lavers Circle, also requested an off premise sign on the corner of Linton Blvd and SW 10th Ave and was denied at staff level as well. Neither applicant chose to move forward with their request. The Site Plan Review and Appearance Board (SPRAB) considered the request on August 13, 2014. SPRAB voted 5-0 to recommend to the City Commission approval of the waiver request to allow the off-premise sign to be placed on the southwest corner of Lake Ida Road and Depot Ave. The Board was in consensus that the sign would enhance the recognition to the Historic Train Station and the extensive landscaping would benefit the community. Staff has not changed its position and still recommends denial of the waiver request based on the fact that staff has been consistent in the past in not allowing off-premise signs for other similar subdivisions that do not have direct access to a major roadway DISCUSSION Request for City Commission to consider a waiver to the Land Development Regulations (LDR) Section 4.6.7(J)(2) to allow an off-premise sign to be located at the southwest corner of Lake Ida Road and Depot Ave for the Depot Square Apartments. TIMING OF THE REQUEST There is no time sensitivity to this request. RECOMMENDATION Motion to deny the request to allow an off-premise sign for the Depot Square Apartments based on the fact that it will result in granting a special privilege. LAW OFFICES LYNNE T OMPSON, P.A. MICHAEL S.WEINER PROFESSIONAL ASSOCIATION TELEPHONE(561)265-2666 JEFFREY C.LYNNE 10 SL 1"AvENtrE,SUrru C mcsIMII.E(561)272-6831 LAURIE A.TIIOMPsON DELRAY REACT I,FLORIDA 33444 JI YNNL @ZONEIAW.COM JUSTIN M.CLAUD www.ZDNELAW.COM July 7, 2014 Ms. Jennifer Buce Sign flan Reviewer City of Delray Beach 10 0 N.W, 1 st Avenue Delray.Beach, Florida 33444 PROJECT: PIISTOIUC DEPOT SQUARE MASTER SIGN PROGRAM WAIVER REQUEST: OFF-PREMISES IDENTIFICATION SIGN L.DR SECTION 4.6.7(J)(2) Dear Jennifer: This written request is for a Waiver pursuant to Section 2.4.7(B)(2) of the Delray .Beach Land Devclopment Regulations ("LDRs") seeking relief from LDR Section 4.6.7(J)(2) so as to allow a critically necessary project identification sign from the only access point to the property at the southwest corner of Lake Ida Road and Depot Avenue. Co--locating the project identification sign at this location is necessary as, being the only access point to both the newly approved Depot Square Apartments and the Historic Train Station, the entrance point is not otherwise apparent, The long-term consequences of not appropriately providing signage at the entrance to the property could result in the inability of the Depot Square Apartments and the Historic Train Station to be financially viable. The project referred to as "Depot Square Apartments" has been approved as a 284 Knit rental residential community, adjacent to the historic train station and 1-95. Ingress and egress to and frorn the community is exclusively via Depot Avenue which is on the south side of Lake Ida Road, across the street from Lake Ida Park, and as further depicted on Exhibit "A" Depot Avenue provides the singular access point to the community but originates off premises at lake Ida Road. While the project itself can be seen from 1-95, the entrance to the project cannot be seen and is not otherwise readily apparent. The land where the sign is requested, and where one would reasonably expect to find such a project identification sign, is of a different parcel and therefore technically characterized as an "off premises" sign. In order to provide notice to the public as to where the project is located, placing a sign at the requested location is imperative. The sign will also serve as the only notice of the entrance to the Historic Depat Square—Waiver Request Qf Preulisa Sign July 7,2014 Page 2 Historic Train Station. The train station is on the US National Register of Historic Places and, hopefully, will one day be renovated and used as a public meeting place. At the time of site plan approval, the developer was not aware that the City would classify the siting of this otherwise regularly accepted sign as being "off premises," to the extent the sign is not a "billboard" and does not otherwise advertise a business found elsewhere in the City, This was first brought to the developer's attention when applying for the sign permit which review is otherwise excluded from the overall site plan review process, When this matter was brought to the developer's attention post-site plan approval, they were advised that the LDR affords such similarly situated persons the opportunity to seek relief via the Waiver process as set forth in LIAR Section 2,4.7(B). LDR Section 2.4.7(13)(5) requires that the applicant demonstrate, and the City make a finding of fact that, such a Waiver: (A) Will not adversely affect the neighboring area; (B) Will not significantly diminish the provision of public facilities; (C) Will not create an unsafe situation; and, (D) Will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner, I For the reasons set forth below, we believe both the location and design of the requested sign meets or exceeds these and therefore respectfully ask for the City's support in this request, A. A roval of the waiver will not adversely affect the neighboring area, Approval of the requested waiver will not adversely affect the neighboring area. Rather, we believe it will rightfully highlight the significant economic investment being made in a historic area of the City by identifying the location of the Project. This locational sign, if placed anywhere else,would be effectively useless as no one would be able to find the Project, The City's Sign Code is intended to encourage the effective use of signs as a means of communications in the City; to Maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs; to streamline the approval process by requiring master signage plans; and to enable the fair and consistent enforcement of these sign regulations. This Waiver request fulfills each and every aspect as set forth in the Sign Code, Moreover, the sign does not create a nuisance to the occupancy or use of other properties as a result of the size, Height, brightness, or movement and is otherwise in harmony with buildings, the neighborhood and other conforming signs in the area, consistent with the requirements of LDR Section 4,6,7(A)(3), The proposed sign is neither garish; it is consistent with the scale with the neighborhood and streetscape upon which it is to be located; and has a professional O:IdIDSQ0021Waiver Request For The Off-Premise SignJuly 7 2014.Daex Historic Depot Square—Waiver Request—Of1 Premise Sign July 7,2014 Page 3 appearance that enhances the visual aesthetics of the area, consistent with the requirements of LDR Section 4.6.7(D), B. Ap2roval of the waiver will not sianificantly diminish the provision of public facilities. There are no public facilities impacted by this request. To the contrary, Depot Avenue and the surrounding public rights-of-way are being significantly enhanced due to this project. The property were the sign is being proposed was originally located on lands owned by the Florida Department of Transportation ("FDOT") and within the 1-95 corridor. This property was deeded to the City from FDOT and was possible by the financial contribution by the developer. As part of this project, the developer offered and agreed to finance the repaving and asphalt overlay of Depot Avenue as well as to install new landscaping and irrigation along Depot Avenue. Moreover, the developer entered into a written agreement with the local community organization. Safety As Floridians Expect ("SAFE") to pay for an eight-foot (&') wide shared-use pathway along Depot Avenue for the benefit of the residents and the public, in addition to agreeing to provide additional financial assistance with the funding of completion of the pathway to Atlantic Avenue. As a result of these improvements, as highlighted by the requested location monument sign., this request for a monument sign at this location serves to create a new sense of place that recognizes the area. Denial of the placement of the only project sign at this location would effectively undermine the need for these improvements. C. Approval of the waiver will not create an unsafe situation. The sign will meet all requirements for height and sight-triangle visibility. In addition, the area- appropriate lighting of the sign will bring attention to the area as well as alert passing vehicles to expect both turning movements into the development as well as ingress and egress of vehicles from Depot Avenue. Therefore, we believe approval of this Waiver should actually result in creating a more safe condition for everyone, D. Approval of the waiver will not result in the arant of a special privilege in that the same waiver has been pranted under similar circumstances on other proper properiy for other applicants or owners. As advised by the City staff, similar Waiver requests are regularly requested for similarly situated properties. The project in this particular instances is set back significantly from Lake Ida Road which is due to the natural configuration of the lot, There is only one entrance to this community which is via Depot Avenue. To the extent both the entrance to the Historic Train Station and Depot Square Apartments cannot be readily identified or seen from any main roadway, signage at this intersection,is critical, OAHDSQ0021WaiVerRequest For The off-Premise Sign.July 7 2014.Doex Historic Depot Square—Waiver Request—OIT Premise Sfgn July 7,2014 Page 4 Based upon the foregoing, we respectfully request that the City approve the Waiver for a sign at this location based upon the justifications set forth herein. Should you have any questions or concerns upon reviewing our letter, please do not hesitate to contact us at your earliest convenience. *IsYNNE O:HD8Q0021Waiver Request For The Off-Premise SignAWy 7 2014.Docx EXHIBIT "A" ��t1dlTldld}JfIL��1fl�l�?Jd eaua�d €�—._., _ Q f ajenbs lodGU Oiao}sIH I" D ue�d ad p®'} i 1!I _ I P t' I. - Ili l 1 E m II � 3 f � 1 R � J ' v i W m I Y, o v ME FE , Go�...> e a rt i I feet' 10 meters 3 LL.1 �, } U o r I v._I a I ! 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Z9l, r.. - -3- - <O Q P61 '%? d �,,, . apse m` ¢a E aura ¢ 6 a -1 tt i W I N� ui o e ;x e C[ M LL LEI UOR LU UK oz— U. -E d § S - m � E -ie I Y IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SIGNAGE FOR DEPOT SQUARE APARTMENTS 1. This waiver request came before the City Commission on October 7, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Depot Square Apartments at the corner of Lake Ida Road and Depot Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.70)(2) Pursuant to LDR Section 4.6.7(J)(2), off-premises signs, which are signs that advertise an establishment which is located at a place other than the property on which the sign is located, are prohibited. Should the waiver to Section 4.6.7(J)(2) for a monument sign proposed for the corner of Lake Ida Road and Depot Ave be granted? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of October 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: September 5, 2014 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 WAIVER REQUESTS/MINDFUL MANAGEMENT BACKGROUND The property consists of a portion of Lot 21 and all of Lots 22 and 23, Block 74 Town of Delray Beach subdivision and measures 0.34 acres. The property contains two residential units that were constructed in 1937 and 1954. At its meeting of May 10, 2006, the Site Plan Review and Appearance Board approved a Class V site plan. This approval included the removal of the existing residences and construction of a mixed use development that consisted of 9 dwelling units and 1,050 square feet of office. These improvements were never begun and the approval expired. At its meeting of August 5, 2014, the City Commission approved two in-lieu parking spaces associated with the proposed conversion of these properties from residential to non-residential. At its meeting of August 13, 2014, the Site Plan Review and Appearance Board considered the two proposed waivers and recommended approval to the City Commission on a 4 to 0 vote (Spero, Bregman absent; Cope stepped down). The SPRAB approved two additional waivers to the required landscape island dimensions. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Driveway Width: Per LDR Section 4.6.9(13)(3)(b), a 20-foot wide minimum driveway width is required and 12 feet is proposed. The applicant has provided the following verbatim justification in narrative for the proposed waiver: "...The applicant is requesting 4 Waivers for Land Development Code the first being Section 6.1.4(c)for relief from the requirement of a 24 foot two-way driveway. The applicant proposes to provide a 12 foot driveway which is to service only three (3) of the required 10 parking spaces provided, directly adjacent to Pineapple Grove (sic)Street. The reduction in this width will not only allow access to this limited parking; the reconfiguration and combination of the two properties will allow for the elimination of an existing driveway to the south (280 property) as well as a reconfiguration in the Pineapple Grove Street parking, allowing one additional on-street parking space to be provided to the general public. The applicant wishes to utilize the existing 12 foot driveway which will primarily be used by employees and staff utilizing the property as professional office on a daily basis. The number of spaces utilizing this access is limited to 3 space and the employees will be cognizant of the limited amount of space and will easily be able to handle any operation conflicts that were accrued in the utilization of the limited three parking spaces... " "...The primary reason for these requests is that in the efforts to utilize a majority of the property in its current condition. The owners request is an adaptive reuse of the property to office, and to keep the character of the property in tack as they exist today. By applying the standardized code to these portions of the property does not allow for flexibility in the design nor allow a property owner to keep the development improvements to a minimally affordable size and scale. By allowing the waiver the applicant is able to keep significant amounts of existing mature vegetation on the property in including a 12"DBH Long Leaf Pine tree in the front portion of the property. Further future redevelopment of the property will most like require the efforts of neighboring property owners due to the sizes of the subject property as well as the neighboring property and when those improvements come to fruition the code section will become more applicable... " Waiver Anal The driveway is relatively short in distance and highly visible from the public street, which will reduce the potential for conflict from incoming vehicles. The driveway reduction also allows for saving of a specimen pine tree that appears to be a Dade County Pine. Given the proposed office use, adaptive reuse of the property, preserving of a specimen tree, and minimal level of concern over vehicular conflict, the proposed waiver can be supported. The waiver would not affect the delivery of public services or create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Paving Materials: Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing sidewalks within the adjacent right-of-way. The proposed site plan does not provide the required paving. The applicant has requested a waiver from this requirement. The applicant has provided the following verbatim justification in narrative for the proposed waiver: "...The primary reason for these requests is that in the efforts to utilize a majority of the property in its current condition. The owners request is an adaptive reuse of the property to office, and to keep the character of the property in tack as they exist today. By applying the standardized code to these portions of the property does not allow for flexibility in the design nor allow a property owner to keep the development improvements to a minimally affordable size and scale. By allowing the waiver the applicant is able to keep significant amounts of existing mature vegetation on the property in including a 12"DBH Long Leaf Pine tree in the front portion of the property. Further future redevelopment of the property will most like require the efforts of neighboring property owners due to the sizes of the subject property as well as the neighboring property and when those improvements come to fruition the code section will become more applicable... " Waiver Anal The purpose for this requirement is to provide a wider paved area that is consistent with an urban area that encourages window shopping. However, the proposed conversion from residential to office is an adaptive re-use of the property and doesn't lend itself to the intent of this paving requirement. This requirement will be more appropriate when the property is fully redeveloped with a new building that is located within the required setback area near the public sidewalk. The waiver would not affect the delivery of public services or create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. DISCUSSION The action requested of the City Commission is consideration of waivers from the following Land Development Regulations associated with the Class V site plan for the Mindful Management project: 1. A waiver to LDR Section 4.6.9(D)(3)(b), which requires a 20-foot wide minimum driveway width. 2. A waiver to LDR Section 4.4.13(F)(4)(f)(1), which requires that the 5-foot minimum front setback area be paved to match the adjacent public sidewalk along Pineapple Grove Way. RECOMMENDATION By Separate Motions: 1. Approve the waiver to LDR Section 4.6.9(D)(3)(b), which requires a 20-foot wide minimum driveway width, whereas, 12 feet is proposed, based on positive findings with LDR Section 2.4.7(B) (5). 2. Approve the waiver to LDR Section 4.4.13(F)(4)(f)(1), which requires that the 5-foot minimum front setback area be paved to match the adjacent public sidewalk along Pineapple Grove Way, based on positive findings with LDR Section 2.4.7(B)(5). L A K E I D A R 0 A D N.E. 4TH ST R GNhRY R01Y GIR � — z - Li a N.W. 3RD CT, z LLJ w L <C Q a IILY IN w �LLJ Q 8 4WNAY RGY dR 3RD ST, N.E. 3RD ST. a z cn � � z 0 z - z o DRIVE N.E. 2ND ST. Q w 7 p o d: c r' o, C7 LJ �< LxJ z a_ i1 Q w . H L] SUBJECT PROPERTY . MINDFUL MANAGEMENT mm =" PLANNING AND ZONING LOCATION MAP DEPARTMENT -- MrAL BASE MAP 5*EM -- MAP REF: &\Planning & Zoning\DBMS\File—Cab\Z—LM 1000-1500\LM14$4—Mindful Mangement '. Jon E. Schmidt and Associates Land Planning and Landscape Architecture Site Plan Approval Request Mindful Management City of Delray Beach Submittal Original Submittal: February 3, 2014 Revised 8/104/14 Waiver Justification Statement The applicant is requesting 4 Waivers for Land Development Code the first being Section 6.1.4(c) for relief from the requirement of a 24 foot two-way driveway. The applicant proposes to provide a 12 foot driveway which is to service only three (3) of the required 10 parking spaces provided, directly adjacent to Pineapple Grove Street. The reduction in this width will not only allow access to this limited parking; the reconfiguration and combination of the two properties will allow for the elimination of an existing driveway to the south (280 property) as well as a reconfiguration in the Pineapple Grove Street parking, allowing one additional on-street parking space to be provided to the general public. The applicant wishes to utilize the existing 12 foot driveway which will primarily be used by employees and staff utilizing the property as professional office on a daily basis. The number of spaces utilizing this access is limited to 3 space and the employees will be cognizant of the limited amount of space and will easily be able to handle any operation conflicts that were accrued in the utilization of the limited three parking spaces. The second waiver Request is Per LDR 4.6.16(H)(3)(i), landscape islands are required to have a minimum width of nine feet (9'), exclusive of curbing with a minimum planting area of one hundred and thirty-five square feet (135 SF). Some of the landscape islands do not meet the above requirements The third is request is Per LDR 4.6.16(H) (3) (j), all parking rows are required to terminate with a landscape island that meets the specifications found in LDR 4.6.16(H) (3) (i). The parking row adjacent to the east side of the northernmost building does not terminate with a landscape island, but rather the building itself. The fourth request is from section LDR 4.4.13(F) (4) (f) (1) 5' minimum setback area need to be paved to match the existing sidewalk. The primary reason for these requests is that in the efforts to utilize a majority of the property in its current condition. The owners request is an adaptive reuse of the property to office, and to keep the character of the property in tack as they exist today. By applying the standardized code to these portions of the property does not allow for flexibility in the design nor allow a property owner to keep the development improvements to a minimally affordable size and scale. By allowing the waiver the applicant is able to keep significant amounts of existing mature vegetation on the property in including a 12" DBH Long Leaf Pine tree in the front portion of the property. Further future redevelopment of the property will most like require the efforts of neighboring property owners due to the sizes of the subject property as well as the neighboring property and when those improvements come to fruition the code section will become more applicable. 2247 Palm Beach Lakes Blvd. Suite 101 West Palm Beach,Florida 33409 Tel. (561)684-6141 Fax. (561)684-6442 E-mail:Jschmidt @jesla.com Valmo,14 `Hov3s Ava'13a 3nN3AV aNZ 3N 06Z/08Z 3°1°1 `.LN3 3D -Ini N! N P w ! W� m- eE w 0 a z o � w 11 , L '.....� .o.Pfd tldNtl 1JI8 .?.12d Vdxb .111J ' �: cY r x g_ sE m�3 1�NIUl»3 ;"3 � i 0 .p a6 o� IV VIA1 ¢ ht'4 V40 Rci� _- I — 3 La c L` _______________ _...._ -...._.--- .___ s a ~ u, _......W...: � -- ,m --____ - i ---- ' i -- --- : I w o i i 11.1 I L— e §—Ql.r�r 01 Lu. Ell a 9 F u — n ane e i� O g r-- N z H. 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III IIIIII ill l� EII w 1111 1111 (1L III€III �IIRIIII 111 3 11111,11 IIIIII IIIIII w w O IIII II IIIIII 111FII III � w 111i VIII u Z w Ld !I Q o Q = L IL IIJII �- I Q •II SITE L AN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT-®_ MEETING DATE. August 13, 2014 ITEM: Mindful Management — Class V Site Plan, Landscape Plan, Architectural Elevations, and Waiver Requests Associated with the Conversion of the Existing Residential Structures to 3,013 Square Feet of Office Floor Area. GENERAL DATA: - N ' N.E.' 5THI CT. Owner/Applicant.................... 280 PGW, LLC Agent.......................................... Jon E. Schmidt &Associates �Q N.E. 5TH ST. Location...................................... West side of NE 2nd Avenue, 56 feet south of NE 3rd Street (280-290 NE 2"d Avenue). A a N.E. 4TH s Property Size.............................. 0.34 Acres z ....— Li Future Land Use Map............... CC (Commercial Core) Li ,- Current Zoning CBD Central Business — District) Adjacent Zoning................North- CBD (Central Business ST. N.E. 3RD sT. District) East: CBD (Central Business District) — z South: CBD (Central Business ° .. District) N West: OSSHAD (Old School Square �... Historic Arts District) N.E. 2ND Existing Land Use...................... Vacant single family units Proposed Land Use.................... Conversion of the dwelling units to business office. Water Service............................. Existing on site. — z jL L w : Sewer Service............................. Existing on site. N.E. 35T 'sue. Li ai -- � The action before the Board is approval of a Class V site plan request for Mindful Management pursuant to LDR Section 2.4.5 fl. The request involves the following elements: ❑ Site Plan; ❑ Architectural Elevations; ❑ Landscape Plan; and ❑ Waivers. The property is located on the west side of Pineapple Grove Way (NE 2nd Avenue) and 56 feet south of NE 3rd Street (280 & 290 Pineapple Grove Way). _. The property consists of a portion of Lot 21 and all of Lots 22 and 23, Block 74 Town of Delray Beach subdivision and measures 0.34 acres. The property contains two residential units that were constructed in 1937 and 1954. At its meeting of May 10, 2006, the Site Plan Review and Appearance Board approved a Class V site plan. This approval included the removal of the existing residences and construction of a mixed use development that consisted of 9 dwelling units and 1,050 square feet of office. These improvements were never begun and the approval expired. At its meeting of August 5, 2014, the City Commission approved two in-lieu parking spaces associated with the proposed conversion from residential to non-residential. Per LDR Section 2.4.5fl(1)(a), new applications for development of vacant land, or for modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.1. The proposed conversion from residential to office and resulting modifications to the property require a Class V site plan approval since no valid site plan of record exists for the property. The action now before the Board is approval of the site plan. f �1f. The development proposal incorporates the following: ➢ Conversion of the residential property to office use. ➢ Demolition of 85 square feet of the northern building and 114 square feet from the southern building (porch) and enclosure of the 252 square foot carport of the southern building. The total net floor area of all three buildings will be 3,013 square feet. ➢ Elimination of the driveway and curb cut along Pineapple Grove Way for the southern building. Construction of a new parallel parking space along Pineapple Grove Way in the location of the eliminated driveway curb cut. ➢ Construction of a 3-space parking lot to the east of the northern building. ➢ Construction of 7 back out parking spaces along the alley. ➢ Construction of connecting sidewalks interior to the property. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 2 ➢ Installation of a bicycle rack. ➢ Installation and preservation of associated landscaping. The development proposal includes waivers to the following sections of the Land Development Regulations: 1. LDR Section 4.6.9(D)(3)(b), which requires a 20-foot wide minimum driveway width. 2. LDR Section 4.4.13(F)(4)(f)(1), which requires that the 5-foot minimum front setback area be paved to match the adjacent public sidewalk along Pineapple Grove Way. 3. LDR Section 4.6.16(H)(3)(i), which requires that landscape islands contain a minimum of 135 square feet of planting area and a minimum width of nine feet, exclusive of curbing. 4. LDR Section 4.6.16(H)(3)0), which required 9-foot wide terminal landscape islands for all parking rows. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationtrequest. Open Space: Pursuant to LDR Section 4.4.13(F)(2)(a), properties within the Pineapple Grove Main Street area are not required to provide open space. It is noted that the development provides 44.2% open space. Parking Requirements: Per Land Development Regulation (LDR) Section 4.6.9(C)(4)(a), the required parking for the proposed office use is 4 spaces per 1,000 square feet (3.5 per 1,000 after the initial 3,000 square feet). The proposed conversion office conversion results in a total of 3,013 square feet of floor area. Based on the required parking calculation, the development is required to provide 12 parking spaces and 10 parking spaces are provided on-site. As noted in the background section of this report, the City Commission has approved the in-lieu payment of the two deficient parking spaces. Building Setbacks: The existing residential structures do not comply with the minimum/maximum requirements of LDR Section 4.4.13(F)(4) as it pertains to the Central Business District (CBD) zone district and are, thus, considered nonconforming. The enclosure of the existing carport and demolition of a portion of the northern residential do not affect this nonconforming status. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 3 Site Lighting: Pursuant to LDR Section 4.6.8 artificial lighting used to the illuminate premises shall be directed away from adjacent properties. A photometric plan has been submitted that demonstrates compliance with the City's illumination standards. As allowed by the LDRs, the maximum height of light fixtures and poles is 25 feet. The photometric plan indicates that the parking area will be illuminated with the installation of 16-foot high light poles and wall mounted light fixtures. Cut- sheet details of decorative light fixtures and light poles have been submitted. A technical item is attached that requests the graphic details of the fixtures and poles be placed on the photometric plan. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1(D)(2), the required alley width is 20 feet and existing alley is 16 feet wide. The proposed site plan indicates that four feet will be dedicated to the alley along the west side of the property. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Driveway Width: Per LDR Section 4.6.9(D)(3)(b), a 20-foot wide minimum driveway width is required and 12 feet is proposed. The applicant has provided the following verbatim justification in narrative for the proposed waiver: "...The applicant is requesting 4 Waivers for Land Development Code the first being Section 6.1.4(c) for relief from the requirement of a 24 foot two-way driveway. The applicant proposes to provide a 12 foot driveway which is to service only three (3) of the required 10 parking spaces provided, directly adjacent to Pineapple Grove (sic) Street. The reduction in this width will not only allow access to this limited parking, the reconfiguration and combination of the two properties will allow for the elimination of an existing driveway to the south (280 property) as well as a reconfiguration in the Pineapple Grove Street parking, allowing one additional on-street parking space to be provided to the general public. The applicant wishes to utilize the existing 12 foot driveway which will primarily be used by employees and staff utilizing the property as professional office on a daily basis. The number of spaces utilizing this access is limited to 3 space and the employees will be cognizant of the limited amount of space and will easily be able to handle any operation conflicts that were accrued in the utilization of the limited three parking spaces..." SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 4 "...The primary reason for these requests is that in the efforts to utilize a majority of the property in its current condition. The owners request is an adaptive reuse of the property to office, and to keep the character of the property in tack as they exist today. By applying the standardized code to these portions of the property does not allow for flexibility in the design nor allow a property owner to keep the development improvements to a minimally affordable size and scale. By allowing the waiver the applicant is able to keep significant amounts of existing mature vegetation on the property in including a 12"DBH Long Leaf Pine tree in the front portion of the property. Further future redevelopment of the property will most like require the efforts of neighboring property owners due to the sizes of the subject property as well as the neighboring property and when those improvements come to fruition the code section will become more applicable..." Waiver Analysis: The driveway is relatively short in distance and highly visible from the public street, which will reduce the potential for conflict from incoming vehicles. The driveway reduction also allows for saving of a specimen pine tree that appears to be a Dade County Pine. Given the proposed office use, adaptive reuse of the property, preserving of a specimen tree, and minimal level of concern over vehicular conflict, the proposed waiver can be supported. The waiver would not affect the delivery of public services or create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Paving Materials: Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing sidewalks within the adjacent right-of-way. The proposed site plan does not provide the required paving. The applicant has requested a waiver from this requirement. The applicant has provided the following verbatim justification in narrative for the proposed waiver: "...The primary reason for these requests is that in the efforts to utilize a majority of the property in its current condition. The owners request is an adaptive reuse of the property to office, and to keep the character of the property in tack as they exist today. By applying the standardized code to these portions of the property does not allow for flexibility in the design nor allow a property owner to keep the development improvements to a minimally affordable size and scale. By allowing the waiver the applicant is able to keep significant amounts of existing mature vegetation on the property in including a 12"DBH Long Leaf Pine tree in the front portion of the property. Further future redevelopment of the property will most like require the efforts of neighboring property owners due to the sizes of the subject property as well as the neighboring property and when those improvements come to fruition the code section will become more applicable..." Waiver Analysis: The purpose for this requirement is to provide a wider paved area that is consistent with an urban area that encourages window shopping. However, the proposed conversion from residential to office is an adaptive re-use of the property and doesn't lend itself the intent of this paving requirement. This requirement will be more appropriate when the property is fully redevelopment with a new building that is located within the required setback area near the public sidewalk. The waiver would not affect the delivery of public services or create an unsafe SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 5 situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Engineering Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to site plan certification unless otherwise noted: 1. Signage is not reviewed or approved as part of the site plan process. 2. That a recorded unity-of-title be provided for the two properties. 3. That a recorded right-of-way deed be provided for the alley dedication. 4. That the cut sheet details of the decorative light poles and fixtures be graphically depicted on the plans. 5. That the cut sheet detail of the decorative bike rack be graphically depicted on the plans. The Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. Aside from preserving many of the existing native and unique trees on the property, the proposed landscaping includes Adonidia Palms, Alamanda vie, variegated Ginger, Allspice, Arboricola, Areca Palms, Banana trees, Beauty Berry, Burle Marx, Bougainvillea, Bucaneer Palms, Verawood, Bamboo Palms, Cocoplum, Croton, Wild Coffee, Purple Crinum Lily, Dumbaya, Dune Sunflower, Beach Creeper, Fishtail Palms, Red Ginger, Gumbo Limbo, Horizontal Cocoplum, Dwarf Ilex, Nora Grant Ixora, Massangeana Cane, Japanese Fern tree, Ligustrum tree, Liriope, Mondo grass, Ground Orchids, Philodendron, Podocarpus, Red Emerald, Live Oak, Lady Palms, Indian Hawthorne, Simpson Stopper, Sabal Palms, White Bird of Paradise, Thatch Palm, Trinette, Wart Fern, Wild Petunia, Coontie, and Silver Buttonwood. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Landscape Islands Dimensions: Per LDR Section 4.6.16(H)(3)(i), landscape islands are required to contain a minimum of 135 square feet of planting area and a minimum width of nine feet, exclusive of curbing. The landscape islands along the west side of the property do not meet the minimum required dimensions. The applicant has requested a waiver from the required landscape island. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 6 The applicant has provided the following verbatim justification in narrative for the proposed waiver: "...The primary reason for these requests is that in the efforts to utilize a majority of the property in its current condition. The owners request is an adaptive reuse of the property to office, and to keep the character of the property in tack as they exist today. By applying the standardized code to these portions of the property does not allow for flexibility in the design nor allow a property owner to keep the development improvements to a minimally affordable size and scale. By allowing the waiver the applicant is able to keep significant amounts of existing mature vegetation on the property in including a 12"DBH Long Leaf Pine tree in the front portion of the property. Further future redevelopment of the property will most like require the efforts of neighboring property owners due to the sizes of the subject property as well as the neighboring property and when those improvements come to fruition the code section will become more applicable..." Waiver Analysis: Given the adaptive re-use of the property, the development provides the maximum number of parking spaces while preserving most of the unique landscaping on the subject property. The waiver would not affect the delivery of public services or create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Terminal Landscape Islands: Per LDR Section 4.6.16(H)(3)(j), 9-foot wide terminal landscape islands are required for all parking rows. The terminal landscape islands have not been provided for parking area on the east side of the property adjacent to the northern building or the back-out parking adjacent to the alley. The applicant has provided the following verbatim justification in narrative for the proposed waiver: The primary reason for these requests is that in the efforts to utilize a majority of the property in its current condition. The owners request is an adaptive reuse of the property to office, and to keep the character of the property in tack as they exist today. By applying the standardized code to these portions of the property does not allow for flexibility in the design nor allow a property owner to keep the development improvements to a minimally affordable size and scale. By allowing the waiver the applicant is able to keep significant amounts of existing mature vegetation on the property in including a 12"DBH Long Leaf Pine tree in the front portion of the property. Further future redevelopment of the property will most like require the efforts of neighboring property owners due to the sizes of the subject property as well as the neighboring property and when those improvements come to fruition the code section will become more applicable..." Waiver Anal sis: Given the adaptive re-use of the property, the development provides the maximum number of parking spaces while preserving most of the unique landscaping on the subject property. The parking space underneath the canopy on the east side of the northern building is an existing nonconformity and is allowed to continue with the proposed redevelopment. The back-out parking on the west side of the property allows for the preservation of unique landscaping elsewhere on the property and will have least impact on the streetscape with respect to the SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 7 reduced island widths. The waiver would not affect the delivery of public services or create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification unless as otherwise stated. 1. That the plant legend on Sheet L-3 be revised to correctly reflect the plant pallet for the proposed development (for example the plant label "FOX" was not found on the plant list). ARCHIT.,ECTUIFiAL EE �IAT� ±CDNS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The southern building and cottage along the alley were constructed in 1937 and the north building in 1954 and both are examples of the framed vernacular architectural style. The development proposal includes some improvements to the small cottage along the alley that consist of a new covered entry feature on the east side of the building, new asphalt roof shingles, new impact windows, copper drip edge. The improvements to the southern building along Pineapple Grove Way include new asphalt roof shingles, new impact windows, enclosure of the car port, new light fixtures, new covered porch on the east side of the building, and new French doors on the north and east sides of the building. The improvements to the northern building along Pineapple Grove Way include a partial demolition of the southern fapade and construction of a covered porch to create a principal building entrance, new French doors, new impact resistant windows, and new asphalt roof shingles. All three buildings will include a new coating of paint. The proposed modifications are subtle improvements that will enhance rather than detract from the charm of the existing structures. Based on the above, positive findings with respect to LDR Section 4.6.18(E) can be made. REQUIRED FINDINGS REQUIRED FINDINGS (Chapter U Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 8 deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the (CC) Future Land Use Map designation. Pursuant to LDR Section 4.4,13(B)(2)(a), business offices are allowed as a principal use in the CBD zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) .. Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 C - Consistency Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 D - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the conversion of the property to office. The proposed conversion will allow for the adaptive re-use of the residential structures that exist on the property. Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 9 Zoe Use: North Central Business District (CBD) Office Building (Single Family Conversion) South Central Business District (CBD) Office, Retail, Restaurant and Multiple Family Residential (City Walk) East Central Business (CBD) Multi-tenant Commercial Esplande West Old School Square Historic District Single Family Residences (OSSHAD) The development proposal will enhance the aesthetics of the subject property. The historic character of the neighborhood will benefit by the adaptive re-use of the structures for office use. Pinealvle Grove Main Street Desi n Committee: At its meeting of February 26, 2014, the Pineapple Grove Main Street Committee recommended approval. Community Redevelopment„Ac7ency(CRA): At its meeting of February 27, 2014, the CRA reviewed the site plan request and recommended approval. Downtown Development Authority. At its meeting of March 10, 2014, the DDA unanimously recommended approval, Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ➢ Chamber of Commerce ➢ Delray Citizens Coalition Any letters of support or objection will be presented at the SPRAB meeting. The proposed infill development will provide a minor source of a year-round customer base for nearby businesses. The building will be a significant aesthetic enhancement to the neighborhood and will be an asset to the community. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. L T El JET GL ?C T h l' I S A. Postpone with direction. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 10 B. Move approval of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Mindful Management, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(6)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Mindful Management, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations. By Separate Motions: Waivers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(3)(b), which requires a 20-foot wide minimum driveway width, whereas, 12 feet is proposed, based on positive findings with LDR Section 2.4.7(6)(5). 2. Recommend to the City Commission approval of a waiver to LDR Section 4.4.13(F)(4)(f)(1), which requires that the 5-foot minimum front setback area be paved to match the adjacent public sidewalk along Pineapple Grove Way, based on positive findings with LDR Section 2A.7(B)(5). 3. Approve a waiver to LDR Section 4.6.16(H)(3)(i), which requires that landscape islands contain a minimum of 135 square feet of planting area and a minimum width of nine feet, exclusive of curbing, whereas 60 square feet of planting area and a 3-foot width is proposed, based on positive findings with LDR Section 2.4.7(B)(5), 4. Approve a waiver to LDR Section 4.6.16(H)(3)(j), which required 9-foot wide terminal landscape islands for all parking rows, whereas 3 feet is proposed, based on positive findings with LDR Section 2.4.7(6)(5). Site Plan: Approve the request for a Class V site plan for Mindful Management, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the condition that all Site Plan and Engineering Technical Items are addressed. Landscape Plan: Approve the landscape plan for Mindful Management based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the condition that all Landscape Technical Items are addressed. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 11 Elevations: Approve the proposed elevations for Mindful Management based on positive findings with respect to LDR Section 4.6.18(E). Attachments: • Appendix A • Appendix B • Site Plan • Architectural Elevations • Landscape Plan Report prepared by: Scott D. Pape AICP Senior Planner SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 12 Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • The property is currently served by a lateral connection to a 8" water main along Pineapple Grove Way. • Adequate fire suppression will be provided via an existing fire hydrant located on the east side of Pineapple Grove Way, approximately 60 feet east of the subject property. • Sewer service is currently provided via lateral connection to an existing 8" sewer main within the alley along the west side. of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to a dry retention area in the middle of the development. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates that the hotel will generate a net increase of 21 average daily trips and 2 new p.m. and a.m. peak hour trips. It is noted that the property is located in the City's Traffic Concurrency Exemption Area. Based upon the above, a positive finding can be made with respect to traffic Concurrency. Parks and Recreation Facilities: A finding of Concurrency is not required for the non-residential project. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 3.98 tons of solid waste per year for the life of the existing landfill (approximately 2021). Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the proposed 3,013 square foot office will be approximately 8.14 tons [3,013 sq.ft. x 5.4 lbs. = 16,270.2 Ibs/2,000 = 8.14 tons]. Since the total trash generated by this proposal can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 13 School Concurrence: A finding of concurrency is not required for the non-residential project. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 14 M A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for Mindful Management Page 15 Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of Standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR MINDFUL MANAGEMENT AT 280 & 290 PINEAPPLE GROVE WAY 1. This waiver request came before the City Commission on October 7, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Mindful Management at 280 and 290 Pineapple Grove Way. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(b) Pursuant to LDR Section 4.6.9(D)(3)(b), the point of access to a street or alley shall not be less than 20' for a private driveway. The applicant is proposing a driveway that has a point of access that is 12' wide. Should the waiver to Section 4.6.9(D)(3)(b) be granted? Yes No 1 B. Waiver to LDR Section 4.4.13(F)(4)(f)(1) Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing sidewalks within the adjacent right-of-way. The applicant is requesting a waiver to this requirement. Should the waiver to Section 4.4.13(F)(4)(f)(1) be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies these waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of October 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: September 15, 2014 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 SIDEWALK DEFERRAL/1230 SEASPRAY AVENUE BACKGROUND The subj ect property consists of 0.3247 acres (14,146 sq. ft.) and currently contains a 1'/z-story 3,695 sq. ft. single family residence constructed in 1964. The property lies within the Seagate Overlay District and is located on the south side of Seaspray Avenue, west of North Ocean Boulevard and east of Andrews Avenue. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to demolish the existing home and construct a new 8,464 sq. ft. two-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way along Seaspray Avenue. No other sidewalks exist on either side of the road. Pursuant to the sidewalk deferral agreement, the owner will construct the sidewalk along Seaspray Avenue at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. City Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in- lieu payment of fees for future construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. As such, any current requests for sidewalk deferrals will be recommended for denial and considered as a quasi-judicial item for open discussion as opposed to a consent agenda item. The applicant was informed of this determination and has opted to proceed with the current sidewalk deferral request for 1230 Seaspray Avenue. DISCUSSION Deny the request for a sidewalk deferral for the Hutchinson Residence located at 1230 Seaspray Avenue within the Seagate Overlay District to allow future construction of a sidewalk along the south side of Seaspray Avenue. RECOMMENDATION Advisory Board Recommendation: On August 28, 2014, the DSMG (Development Services Management Group) recommended approval to the City Commission to allow a sidewalk deferral for 1230 Seaspray Avenue. Staff Recommendation: The Planning & Zoning Department recommends denial of the request for a sidewalk deferral to allow future construction of a five foot (5') sidewalk along the property frontage of 1230 Seaspray Avenue located within the Seagate Overlay District. Prepared By: RETURN TO: R.Brian Shutt,Esq. City Attorney's Office 200 N.W. I st Avenue Delray Beach,Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 20 between the City of Delray Beach(hereinafter the City)and JCif, Ti'ST (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along J until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS,Land Development Regulation Section 61.3(C)requires the installation of a sidewalk, within the/;?, ' right-of-way immediately abutting the subject property,by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. U.-Ip_datalsidewalk deferral a;nrt-blank.doc Pgae I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at X)3) J 4erie/'4y 4IF7 as described below: IF I /1-C6F S �E �,0�� A 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the J�t=AS q Ifs right-of-way abutting the subject property,within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20_ ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Clerk Mayor, Cary Glickstein Approved as to form and sufficiency: City Attorney U.•1prdataWdewalk deferral agent-blank doe Page 2 of 3 WITNESSES- OWNER: B . (Pleas type or print name) (Please type or print name) STATE OF COUNTY OF - � ) BEFORE ME personally appeared C>�A�A ,r who [is] are] ,kl47,'14,£t'J 4? O—'--1 personally known to me or [h [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this V/4- day of J i3ti"� 20 My commission expires: �`- Notary Public LINDA L.HAMILTON (Seal) * * MY COMMISSION#FF 002028 N EXPIRES:May 7,2017 4®R r4 Bonded Thru Buo Notary Services avVsidewalk deferral agreement U:',p.datalsidewcdk defeind c(omt-hlank.doe Page 3 of 3 7 y jf . � �l --"=4 .-'�. �; � X5,1 • �'��w' ��. � , '4 SEASPRAY "EN U , {� vp Al As At N 1230� .� .i � ''•'�-'!tom �sl•�� '� s �-- i YV� f•rJ7 � �/ �\ti �� �• �� .%'�".1 �- '• �r� Rte' r l AVENUE r� • ZONING DEPARTMENT n w z g 3 o U R 4ae x® N'a a gg $ �a gN a Ja O — � xot 4 Qn�? W as; assns sssns.s °a� � sp9; � � `�¢qy� i qa $3 3 33-33333 33334 ZZZ gg p$g Q tlB ypQyp+ g?gg'g Sd gpgpEeE $@p3� § �9C$tlg �'3 a }gtl ° a lal .J' snri I R : I L w __. I F a LU LU ui go NM i o Q a ; a i tlT tl. n i tlFF I s� I � gg I 43 @ -- ---enn�nv --—-—---—-—-— ��p g� 2e ilI ii I 15! fill $ m 023 9 . w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Parks & Recreation THROUGH: Terry Stewart, Interim City Manager DATE: August 11, 2014 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 UTILIZATION OF OTHER GOVERNMENTAL ENTITIES'CONTRACTS-SOD,SPRIGS AND GROUND PREPARATION BACKGROUND The Code of Ordinances, Chapter 36, Section 36.02(C)7, Methods of Acquisition - Utilization of Other Governmental Entities' Contracts allows the City of Delray to utilize contract No. 12C-46K of the Palm Beach County School board for the purchase of sod, sprigs and ground preparations from Odum's Sod. Purchases from this vendor have included sod to replace Old School Square following the Holiday Tree and Green Market events. Additional purchases from this vendor include sod used on the North end of the Municipal Beach and Two medians on South Congress and the Delray Beach Tennis center. Year-to date purchases with Odum's Sod (Vendor #24590) is $31,128.75. Previous year purchased to Odum's Sod was $31,104.45. Vendor NameVendor# YTD $ Previous YTD Odum's Sod 24590 $ 31,128.75 $ 31,104.45 FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Odum's Sod has a contract with Palm Beach County School District(No. 12C-46K) for Sod, Sprigs and Ground Preparations which was awarded on March 15, 2012 and is valid through March 21, 2014 with the option to renew for three additional one-year periods (contract document and award letter are attached as backup). The first option to renew was exercised by the Palm Beach County School Board for the period March 22, 2014 through March 21, 2015. Odum's Sod, through the attached, letter has certified that the price or rate represents the lowest price or rate for the non-real property, goods or services of any contract between the vendor and any other governmental entity within the State. OPERATING COST Funding is available under the approved FY 2014 department operating and capital budgets. Additional funding is provided through the CRA for sod replacement following the Green Market season. The Commission's approval of this item would have no effect on FY 2014 budgeted operating cost. Reimbursed cost to the City is from the CRA ($5,736.20) and the Delray Beach Marketing Cooperative ($3,631.25) and Delray Beach Center for the Arts ($4,025.00) TIMING OF THE REQUEST This item is time sensitive. FUNDING SOURCE Reimbursed cost to the City is from the CRA ($5,736.20) and the Delray Beach Marketing Cooperative ($3,631.25) and Delray Beach Center for the Arts ($4,025.00). RECOMMENDATION Parks & Recreation recommends approval to expend up to a total of$40,000 in FY 2014 from Odums Sod for turf and turf related purchases. PROPRO 71:81#, 9.11:5] ODA W= ::55t3[ P,b9 1 �?�yyR3GfM�{, WOL N,CWLIZ F3AIOD 1512013 ----------------------------------------_____.............___-------------------------------------------- U91�'f Sp�11�1A�[Rl57AT�S A4�CpG - �1ttSE�_17N MUNW1 1TA1GUNM NMI ?AA M. LE :03 1 VR 11lµ}:w x?1€'? _-__._"=?3f RON:MIME MUM) -------------------------------------------------- ------------------------._................................................. :1993 00 C93S SC6 IF :. 01327 BOB At 311 VEIN ORB _- Did >¢1"#,kr-H48,52.85 M530 00327 690720 91:4 I S?23;14 696720 i DM 1RMO 09317 699721 11H E V23;44 695721 HO DM dal 4131.571.52 26 750.00 01:70 699513 9111 E6 5?14;14 698533 lPJ 6}1.'x7 ;d.4�1d 575.55 4p 045,0G 04141 690147 01.14 Elf VW"(W"( 69914 PO RH Y YJ1 41}1.52.51•.6 914.90 09M 699323 911! Elf 5;06?`4 695333 PO MY 'd: 5131-573,58 26 975,00 039SI 599323 V14 ER 5?061:4 69933.3 P) 9-M 001.4131-572.53 26 6.00 03911 659323 0f L1 Elf 3106114 690323 90 BIF.'Rl Op3.4:31-572.58 36 975.00• 01M 698333 9111 EK 510613 699323 PO my 00.41•sl-573.52-36 6.00- 04SM 69CIS 9J11 9 5101114 0007545 53033 L�'LAYI 001 4131-573.52 26 015.90- 915.00 am 698720 9119 01) 1 32116 0007565 53009 .'KE0,sO AILJ DKCj7ffl 061 1131-5'2,13 26 1000.00- :000,01' ccal 690721 9114 v 1?'82114 0007Si5 52010 56ED.S716,pIC,i Di0C7[,9NT 001-41.3:-571.52 26 750.00- 750.00 W11 699147 91:'1 r. 9.15?11 0007191 52791 566D,90D,591L.J =dM 001-5131-572,52-216 917.00• 917,00 MH 691523 9111 P 441111 0007519 52135 $66D,SCD,DIL,6 X.011[88] 001.92'0-5+5.55 9t 975.00- 075.00 041° 497734 V14 9 1 vla 697731 K MY 0014131-512.52.2e 875.97 0350 64'1731 iM P 3 2'144 0007324 52540 €60D,SOD,RCIEA B'(!'AID 001 9131 572.52 2fi 875.'1']- 075.00 0NS 6'37227 6114 310 13104 69722': n 9862 001-1151.512.16 4a 51$7.50 L-INS 01273 6114 IN 3113111 693729 24 sm? 001-1131-512.46 +J1' 9025.7 68951 UT126 644 B VI3111 657126 K @ny 001 113+•512-'s2 26 340-Cl {129;5 19ii66 6114 5 11N114 696565 no YT9T 39 1111.577.12 21' 5175.{1 am? VU5 1 6111 hF 2121111 0007196 77357 3f1k58HY CEM 0090 3i19.9116•ai_I-te 4us- 132.00 win 495415 'A4 bP 1'2]111 0007215 52360 &MUM 06 r142•S.73.5]3-34.64 2554-W 2550-00 031147 3'sMH 6114 AP ;2'111 0007156 52359 ' 5 f Ei0:AM S6 Y1.4=3E-572.52-11' X10,0- 3+14.90 Dun €71227 Om aF .all; 0007792 52353 :2w q&sfc 0Ji 1:3E•s12_+# 41' 5-�'. f_.,.€'_ 0)100 3'3'11128 4114 Ap 3;2:.111 0097132 51355 02527 BF)S sack#FS 2 21 19 636599 E4 s )3-4!14-S1$.52-29 023:46 149+14: 11'14 371 2(1] :9 536945 FQ M7 01691 INS31 11'14 Ap 2;31=1 came ME 00,SaMMr& ]IaCCMW, 8'.1.46'_1-639.52 2E 3E±1.== .7292? 24€;4# 1,111 Ap ON7).n Abd S9Z,SCd MM,1] mur .1"CWS42,S2.16 5779.(5- -?'l.;: 02691 69413: is,L4!,p ]lid _1 com. KCH LW 001 IZITE 44.4-4714-5722.26 151,00• 35 N 0230:, No.- i1 hP 13;-17 n f 1595:31 i15Y 259N aul Wow 4#;.•474542,53 A6 256.60- 2#CH 70905 E9415-1 21 L#19 11;2);:3 313'3853 90 E mi 1194:44-572,51.26 900.00 01141 644tR ''_4 X19 11 iql:3 {:165x3 51476 M,LU,90%„4 1iJ],.:'4hT 119. 144-572.52-36 9?C,pC- §5u.7: 00300 64344? _ :! Ha 1 11 :3 1NMI so 11M WA 00200 6S�'.?: _ :1 RA 10�11,�:3 119436 60}gay }45 4414-572,52 36 1000,00 001 4 55H.. . .; U jolp,`j !)"1111 PEOR 1'R 15CM 442 5179 5'36.60 1 1066.60 00051 591P4 933574 £4 Eny 416 54:E-539,53 26 4000.00 Y03 E :0'151 - 71747.00 Mumma ! MEMORANDUM TO: Mayor and Commissioners FROM: Suzanne Davis, Parks & Recreation THROUGH: Mr.Terrance Stewart, Interim City Manager DATE: September 25, 2014 RE: Agenda Item— Utilization of Other Governmental Entities' Contracts—Sod, Sprigs and Ground Preparation Background: Purchasing Ordinance No. 29-13, Chapter 36, Section 36.02(C)7, Methods of Acquisition - Utilization of Other Governmental Entities' Contracts allows the City of Delray to utilize contract No. 12C-46K of the Palm Beach County School board for the purchase of sod, sprigs and ground preparations from Odum's Sod. Purchases from this vendor have included sod to replace Old School Square following the Holiday Tree and Green Market events. Additional purchases from this vendor include sod used on the North end of the Municipal Beach and Two medians on South Congress and the Delray Beach Tennis center. Year-to date purchases with Odum's Sod (Vendor#24590) is $31,128.75. Previous year purchased to Odum's Sod was$31,104.45. Legal Review: Financial Review: Discussion: Odum's Sod has a contract with Palm Beach County School District (No. 12C-46K) for Sod, Sprigs and Ground Preparations which was awarded on March 15, 2012 and is valid through March 21, 2014 with the option to renew for three additional one-year periods (contract document and award letter are attached as backup). The first option to renew was exercised by the Palm Beach County School Board for the period March 22, 2014 through March 21, 2015. Odum's Sod, through the attached, letter has certified that the price or rate represents the lowest price or rate for the non-real property, goods or services of any contract between the vendor and any other governmental entity within the State. Operating Cost: Funding is available under the approved FY 2014 department operating and capital budgets. Additional funding is provided through the CRA for sod replacement following the Green Market season. The Commission's approval of this item would have no effect on FY 2014 budgeted operating cost. Reimbursed cost to the City is from the CRA ($5,736.20) and the Delray Beach Marketing Cooperative ($3,631.25) and Delray Beach Center for the Arts ($4,025.00) Timing of the Request:This item is time sensitive. Recommendation(s): Parks & Recreation recommends approval to expend up to a total of$ 40,000 in FY2014 from Odums Sod for turf and turf related purchases. To"DI THE SCHOOL.DISTRICT SHARON SWAN MICHAEL J.BURKE OF PALM BEACH COUNTY,FLORIDA DIRECTOR CHIEF OPERATING OFFICER Purchasing Deparlrnant 3300 Forest Hill Boulevard,Suite A323 West Palm Beach,FL 33406-.5813 Phone:(561)4343214 Fax: (561)9633823 wmv.natmbeachschooW.oralourchasing March 7,2014 Odum's Sod Inc. Mi.James W.Hammond,General Manager 13961 Okeechobee Blvd. Loxahatchee,FL 33463 I odurnssod afyah oo.com Subject: Letter of Agreement Bid Number: 12C-46K Title: Term Contact for Sod, Sprigs and Ground Preparations Contract Term: March 22,2014 through March 21,2415 Dear Mr. Hammond: The School District of Palm Beach County, Florida,has accepted your offer to renew bid 12C-46K,Term Contract for Sod, Sprigs and Ground Preparations to furnish services. This acceptance is subject to compliance with the bid specifications, terms and conditions, all pertinent laws of the State of Florida and instructions as determined by the General Counsel for the School District. Please check your certificate of insurance(See Special Condition"S""INSURANCE REQUIREMENTS")to confirm that it is current. If it is not Current, please email us an updated original certificate of insurance to iiisurancecertificate @nahnbeachsehools.org, or fax to 561-963-3823 within seven (7) days of this notification. You[- insurance company is required to have the School Board of Paln> Beach County, Florida, NAMED AS AN ADDITIONAL INSURED AND MUST REFERENCE THE ABOVE BID NUMBER. Purchase orders may be issued to cover the services as the need arises, and will be your notification to proceed with fulfilling the School Districts request. Shipment without proper authorization may result in nonpayment. If you have any questions,}Tease do not hesitate to call my office at 561-434-8310. Thank you for renewing your bid and we are looking forward to doing business with you and your company. Sincerely, Sharon Swan, C.P.M., Director Purchasing Department CC: bid file i lichelle Thissell,Purchasing Agent The School District of Palm Beach County,Florida A Top-Rated District by the Florida Department of Education Since 2005 An Equal Education Opportunity Provider and Employer Revised 8/22J13 Additional Information for Item 9.D. 12C46K BID SUMMARY DOCUMENT (Vendor to complete all areas shaded in peach color.) VENDOR NAME: F GROUP 1 St.Augustine Floratam ITEM DESCRIPTION QTY UNIT UNIT COST A. Furnish and Install Sod School District prepared surface 1 square foot $0.27 B. Pallet Delivery and Off-loading of Sod only 1 s uare foot $0.25 C. Sod Pick-up by School District Vehicle 1 square foot $0.24 Ground Preparation, Furnish and Install Sod D. Furnish and Install Sod Vendor prepared surface 1 square foot $0.28 E. Sod Cutting and removal of Vegetation 1 square foot $0.18 F. Cultivating to a 2" Depth 1 square foot $0.02 G. Grading to a Fine Grade 1 square foot $0.02 H. Rolling 1 square foot $0.02 I. Spray Turf(Roundup Grass Killer 1 square foot $0,03 J. Top Dress Soil 1 square foot $0.06 K. Fill Material 1 ton $3.00 Argentine Bahia Sod ITEM DESCRIPTION QTY UNIT UNIT COST L. Furnish and Install Sod School District prepared surface 1 square foot $0.20 M. Pallet Delivea and Off-loading of Sod only 1 square foot $0.18 N. Sod Pick-up by School District Vehicle 1 square foot $0.17 Ground Preparation, Furnish and Install Sod O. Furnish and Install Sod Vendor prepared surface 1 square foot $0.21 P. Sod Cutting and removal of Vegetation 1 s uare foot $0.18 Q. Cultivating to a 2" De th 1 square foot $0.02 R. Grading to a Fine Grade 1 square foot $0.02 S. Rolling 1 square foot $0.02 T. Spray Turf_(Roundup Grass Killer 1 Isquare foot $0.03 U. To Dress Soil 1 s uare foot $0.06 V. Fill Material 1 ton $3.00 Total Price Group No. 1 -Items A through V $8.46 Additional Information for Item 9. GROUP 2 Tifway 419 Bermuda ITEM DESCRIPTION QTY UNIT UNIT COST A. Furnish and Install Sod (School District prepared surface) 1 square foot $0.32 B. Pallet Delivery and Off-loading of Sod only 1 square foot $0.30 C. Sod Pick-up by School District Vehicle 1 square foot . $0.29 Ground Preparation, Furnish and Install Sod D. 1. Furnish and Install Sod Vendor prepared surface) 1 square foot $0.33 E. 2. Sod Cutting and removal of Vegetation 1 square foot $0.18 F. 3. Cultivating to a 2" Depth 1 square foot $0.02 G. 4. Grading to a Fine Grade 1 square foot $0.02 H. 5. Rollin 1 square foot $0.02 I. 6. Spray Turf(Roundup Grass Killer 1 square foot $0.03 J. 7. Toe Dress Soil 1 square foot $0.07 K. 8. Fill Material 1 ton $3.00 Certified "Big Roll" Tifway 419 Bermuda: Sod shall be delivered as harvested 42"wide and 60" long. Vendor shall remove all mesh materials from rolled sod pxior to installation. ITEM DESCRIPTION QTY UNIT UNIT COST L. Furnish and Install Sod School District prepa red surface 1 1 square foot $0.35 Ground Preparation, Furnish and Install Sod M. 1. Furnish and Install Sod (Vendor prepared surface) 1 square foot $0.36 N. 2. Sod Cutting and removal of Vegetation 1 square foot $0.18 O. 3. Cultivating to a 2" Depth 1 square foot $0.02 P. 4. Grading to a Fine Grade 1 square foot $0.02 Q. 5. Rolling 1 square foot $0.02 R. 6. Spray Turf(Roundup Grass Killer) 1 square foot $0.03 S. 7. Top Dress Soil 1 square foot $0.07 T. 8. Fill Material 1 ton $3.00 Certified Tifway 419 Bermuda Sprigs ITEM DESCRIPTION QTY UNIT UNIT COST U. Furnish and Install Sprigs School District prepared surface 1 square foot $0.05 V. Delivery and Off-loading of Sod only 1 square foot $0.04 W. Sod Pick-up by School District Vehicle 1 square foot $0.03 Ground Preparation, Furnish and Install Sod X. 1. Furnish and Install Sprigs (Vendor erepared surface) 1 square foot $0.07 Y. 2. Sod Cutting and removal of Vegetation 1 square foot $0.18 Z. 3. Cultivating to a 2" Depth 1 square foot $0.02 AA. 4. Grading to a Fine Grade 1 square foot $0.02 BB. 5. Rolling 1 square foot $0.02 CC. 6. S ra Turf(Roundup Grass Killer 1 square foot $0.06 DD. 717. Top Dress Soil 1 square foot $0.06 EE. 18. Fill Material 1 1 Iton $3.00 Total Price Group No. 2 Items -A through EE $12.16 Additional Information for Item 9.D. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Harold Bellinger, Street Maintenance Superintendent Jim Schmitz, Deputy Director Public Works Randal Krejcarek, P.E., Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: August 22, 2014 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 RESOLUTION NO.53-14:REOUEST RETROACTIVE APPROVAL OF EXPENDITURES/CEMEX CONSTRUCTION MATERIALS FLORIDA,LLC. BACKGROUND Consider a recommendation for retroactive approval of expenditures with Cemex Construction Materials Florida, LLC (Cemex) for FY13/14 in the amount of$27,675.97, and consider a motion to adopt Resolution No. 53-14. Cemex provides the concrete and other materials that are used in the construction and repairs of sidewalks, curbs and driveways. Environmental Services Department Staff requested quotes pursuant to Section 36.02 (B) "Written Quotations Method" from other concrete vendors in January 2014 to compare prices, at which time, Cemex had the best pricing. The following table indicates transaction details. Fiscal Year I Invoices I Min I Max Avg = Total Spent FY 13/14 to date 153 1$11.90 1$2,112,06 1$522.19 1$27,675.97 Attached are the following: Written Quotes Bid Tab Best Interest Resolution Staff is currently working with Purchasing to solicit bids for construction materials which will include concrete. Staff requests approval for the purchases in accordance with the Code of Ordinances, Section 36.03 (B), "Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year". DISCUSSION This is a request for City Commission to retroactively approve expenditures with Cemex, in the amount of$27,675.97 for FY 13/14, and by motion adopt Resolution No. 53-14. TIMING OF THE REQUEST The approval of this item is of high importance, in order to approve prior purchases. FUNDING SOURCE Funding is available from 001-3113-541-53.90 (General Fund: Road Materials & Supplies/Other Road Materials). RECOMMENDATION Staff recommends City Commission retroactively approve prior purchases made in FY 2013-2014 with Cemex and by motion adopt Resolution No. 53-14 to waive the sealed competitive bid requirements of the procurement code. RESOLUTION NO. 53-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF CONCRETE MATERIALS FROM CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Delray Beach Environmental Services Department seeks approval to purchase concrete materials from Cemex Construction Materials Florida, LLC; and WHEREAS, The Environmental Services Department, Public Works Division is obligated to maintain the public sidewalks, curbs, and other public infrastructures in a safe, usable condition in order to provide a safe passage for pedestrians including wheel-chair and other disabled users;and WHEREAS, the Delray Beach Environmental Services Department individual average purchase of concrete materials is under$600.00; and WHEREAS, the Delray Beach Environmental Services Department has determined, through written quotes, that Cemex Construction Materials Florida, LLC provides the lowest price for concrete materials; and WHEREAS, the Delray Beach Environmental Services Department has determined, that the location of Cemex Construction Materials Florida, LLC provides timely delivery of concrete materials;and WHEREAS, utilization of the City's sealed competitive bid methods for the purchase of concrete materials is not practical due to anticipated annual expenditures less than $25,000.00;and WHEREAS, in Fiscal Year 2013-2014 actual expenditures for concrete materials exceeded $25,000.00 threshold; and WHEREAS, in future years it is anticipated that concrete materials will be part of a comprehensive road materials competitive bid. WHEREAS, Section 36.03(B) Written quotes method. Acquisitions of or contracts for non-real property, goods or services where the total expenditure by the city (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $10,000 or greater, but less than $25,000, may be made or entered into by the City Manager without City Commission approval and without Sealed Competitive Method, provided that three written quotations are obtained from individual sources, except when impractical. The City may utilize the Written Quotations Method for any acquisition less than $10,000 that the City deems appropriate. The written quotations received by the City shall be retained with a copy of the purchase order and pursuant to public records law NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of concrete materials from Cemex Construction Materials Florida, LLC, attached as Exhibit"A", is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of . 2014. MAYOR ATTEST: City Clerk //Cemex Quotation 0021005651 Revision no. I SELLER: CEMEX Construction Materials Florida, LLC Date: 01/14/2014 Sales Office: Palm Beach District Offer expires: 06/28/2014 Sales Employee: TIFFANY JACKSON Terms of Sale: 1% 15th prox, net 16th 501 AVENUE S Delivery Terms: Delivered RIVIERA BEACH, FL 33404 Customer Job #: 561-881-4472 - - (fax) Prepared for: 0003013184 Ship To: 0003013184 CITY OF DELRAY BEACH CITY OF DELRAY BEACH 100 NW 1ST AVE 100 NW 1ST AVE DELRAY BEACH FL 33444-2612 DELRAY BEACH FL 33444-2612 USA USA Bill To: 0003013184 CITY OF DELRAY BEACH 100 NW 1ST AVE DELRAY BEACH FL 33444-2612 USA Project Name: 100 NW 1ST AVE THE PRICES STATED HEREIN ARE BASED ON THE ATTACHED STANDARD TERMS AND CONDITIONS, WHICH SHALL CONTROL AND TAKE PRECEDENCE OVER ANY TERMS AND CONDITIONS TO THE CONTRARY IN ANY PURCHASE ORDER OR OTHER DOCUMENT. Item QTY Material Description Price Per UOM Total 10 1.000 YD3 1159511 3000 PPMP 96.45 1 YD3 96.45 20 0.750 LB 1382600 FIBERMESH 150 6.67 1 LB 5.00 30 1.000 YD3 1159421 3000 PR 91.45 1 YD3 91.45 40 1.000 YD3 1028078 4000 PR 93.45 1 YD3 93.45 50 1.000 YD3 1159514 4000 PRPM 98.45 1 YD3 98.45 60 1 PC 1247818 FUEL SURCHARGE 26.50 1 PC 26.50 70 1 PC 1202749 ENVIRONMENTAL CHARGE 15.00 1 PC 15.00 80 1.000 BAG 1018993 SAKRETE CONCRETE MIX,80#BAG 5.00 1 BAG 5.00 Quotation Total 431.30 SALES TAX NOT INCLUDED Entered by: TJACKSON Document date: 01/14/2014 1 / 2 Bellinger, Harold From: Sonia Valle<svalle @rmbconcrete.com> Sent: Friday, January 24, 2014 12:17 PM To: Bellinger, Harold Subject: RE: Concrete Quote/RMB Concrete& Precast Inc Please review below the prices you requested. Date: 01/24/2014 Offer expires 12/31/2014 Concrete mix: 3000 pump mix with fiber: price per yard$ 98.80 3000 pea rock w/fiber $ 96.80 4000 pump mix w/fiber $ 101.80 Delivery charge $ 100.00 Fuel charge $0.00 Environmental charge $0.00 Average price per yard $ N/A Harold Bellinger Streets Superintendent Bellinger @mvdelraybeach.com (561)243-7338 Office (561)243-7314 fax 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. Thank you, Sonia Valle i i CONFIDENTIAL �oX,,p Q C Oiy���� NRMCA "The On Time Con^rete Companv",a PRI-111 Fto t�t JC:Flk Customer Name City Of Delray Beach Phone: 561-243-7115 Address 100 N.W. 1st street, Delray Beach, FL,33444 Fax: 561-243-3774 Project Name Various Cell: Address nadal(LDmydelraybeach.com Mix Code Description U.O.M. Price 25RH 2500 REGULAR Cubic Yard $78.00 30RH 3000 REGULAR Cubic Yard $80.00 40RH 4000 REGULAR Cubic Yard $84.00 30PMH 3000 PR/PM Cubic Yard $90.00 30PRH 3000 PEAROCK REGULAR Cubic Yard $85.00 40PMH 4000 PR/PM Cubic Yard $94.00 40PRH 4000 PEAROCK REGULAR Cubic Yard $89.00 ADDITION FOR: PEAROCK PUMPMIX Cubic Yard $10.00 BLEND/SIDEWINDER OR PEAROCK REGULAR Cubic Yard $5.00 ADVA 140 SUPERPLASTICIZER HRWR PER 1000 PSI PER Cubic Yard $2.25 FIBER REINFORCEMENT 314 LBS/CY Cubic Yard $3.00 FIBER REINFORCEMENT 1.5 LBS/CY Cubic Yard $8.00 30BF476 3000 COARSE MASONRY GROUT ASTM C-476 Cubic Yard $97.00 FLW10 EXCAVATABLE FLOWABLE FILL Cubic Yard $74.00 8FLNES NON-EXCAVATABLE PUMPABLE FLOWABLE FILL Cubic Yard $76.00 NOTE: Prices quoted are subject to change upon receipt of final approved specifications SERVICE CHARGES Environmental Load Charge Load $10.00 Currently FUEL SURCHARGE-ADJUSTED MONTHLY Load TBD 6:00am-12:30pm Saturday Delivery Charge-100 CY MINIMUM Cubic Yard $5.00 Plant Opening Char 92 4-Hour Minimum FLAT $1,500.00 Minimum Load Charge-Less than 5 CY Load $150.00 Concrete Disposal Fee>3 CY Load $125.00 Prices Quoted Do Not Include Sales Tax 1/1/2014 Effective Date Expiration Date 613012014 Escalation ADD$6.00 7-1-2014 TO 12-31-2014 Supermix reserves the right to increase the above quoted prices without notice that reflect an increase in raw materials costs or surcharges incurred by Supermix and to cancel or defer any quote in the event Supermix becomes delayed or prevented by shortages or allocations of raw materials.Supermix shall not be liable to Buyer for any damages incurred by Buyer as a result of any such delay or cancellation. TERMS: 1%DISCOUNT IF PAYMENT RECEIVED BY THE 10th OF MONTH FOLLOWING PURCHASE-NET 30 Supermix Matt B" esto Office:561.482.0211 Cell:561.441.0345 Representative I jAccount Manager Fax: 561.451.2182 E-mail: Matt su ermix.com Bellinger, Harold From: Irvin Jock<Jlrvin @titanamerica.com> Sent: Friday, January 24, 2014 9:13 AM To: Bellinger, Harold Subject: FW: Concrete Quote/Tarmac 2nd time I've sent it... From: Irvin Jock Sent: Tuesday,January 14, 2014 10:25 AM To: Bellinger, Harold Subject: RE: Concrete Quote/Tarmac Here you go From: Bellinger, Harold fmailto:Bellinger0mydelra ybeach.com] Sent:Tuesday, January 14, 2014 9:27 AM To: Irvin Jock Cc: Nadal, Patsy; Fischer, Julie Subject: Concrete Quote/Tarmac Good morning Irvin, Can you please provide me with a concrete quote for the items listed below Thanks Date: Offer expires 06/30/2014 Concrete mix: 3000 pump mix with fiber: price per yard$120.00 3000 pea rock w/fiber $114.00 4000 pump mix w/fiber $124.00 Delivery charge 4 yards and under$350.00.4 yards to>7$175.00 Fuel charge $26.5 z Environmental charge $15.00 Average price per yard $119.00 Harold Bellinger Streets Superintendent Bel lin er ,m dy elraybeach.com (561)243-7338 O i m o o° oo o Ln E o � ,n in Q o m �Ni N z m m to tn. to k.0 tmiF T C:X E o O E0000O � o O -p C5 O ui p Lrn Q. O N � L!1 N m 00 rn N t/1 =3 Q LA 01 � U O C c H m {.7 U GJ a CL o o o o 00 CO 00aaoa o0 L *' Z z o Z 0) v v N C V O C = U 0 o U LO O o ra co L X Ln o O L W IZt tf) O o 4� Q Q \ w 0) N � Z Z 00 o U t/)- to cn ,tn U Q Q) l6 � L O N 4, v E V Q o U O iA U N 4- L O V %1 L cu a N Z3 E 3 m 0 "- o v 0 3 x o x 4- - 0- V) v m L t1D � Q E U a,a CL C i x O Q v a� v _ N U N (6 cn Ui w 0 U 0 f-O w MEMORANDUM W TO: Mayor and City Commissioners FROM: Kevin G. Rumell, Fleet Superintendent Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: September 18, 2014 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 PURCHASE AWARD/MACMILLAN OIL COMPANY BACKGROUND Consider recommendation for approval of expenditures not to exceed $1,500,000 annually with MacMillian Oil Company for the purchase of fuel through June 30, 2016 utilizing State Contract #405- 000-10-1. The City of Delray Beach maintains three fuel sites that are used for the majority of vehicle refueling. Site I 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. Historically, the city purchases between $1,270,000 to $1,450,000 annually on fuel. The City currently utilizes State Contract #405-000-10-1 for Bulk Fuel, Gasoline, and Diesel Fuel, which was recently renewed by the State 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 gasoline_and diesel The contract divides the State of Florida into four districts: North, Western, 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 Southern 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. On August 19, 2014, the City Commission approved the utilization of this extended contract with the State. This agenda item requests annually purchasing limits utilizing this contract through the end of its term, June 30, 2016. This request in in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (C) (7) (a). FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before Commission is to approve expenditures not to exceed $1,500,000 annually with MacMillian Oil Company for the purchase of fuel through June 30, 2016 utilizing State Contract #405- 000-10-1. TIMING OF THE REQUEST This request is time sensitive in order to maintain fuel supplies for the city fleet. FUNDING SOURCE Funding is available from 501-3311-591-52.51 (Garage Fund: Operating Supplies/C G Inventory Fuel). RECOMMENDATION Motion to approve utilization of MacMillian Oil Company, via State Contract #405-000-10-1, for the purchase of fuel on an annual basis, through June 30, 2016. 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 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 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 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: September 18, 2014 SUBJECT: AGENDA ITEM 9.G.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 PROPOSED CHANGE TO THE RULES OF PROCEDURE FOR THE CITY COMMISSION; ADVISORY BOARD NOMINATIONS BACKGROUND At the September 4, 2014 City Commission meeting, the City Commission considered a draft amendment to its parliamentary rules regarding the process for the nomination and appointment of advisory board members. This request for the amendment was as a result of Commission discussion which initially occurred at the City Commission meeting of May 6, 2014. At the September 4th meeting, the Commission directed that the existing rules of procedure be clarified to provide that any Commissioner may defer his or her nomination for an appointment to a City Board for up to two (2) consecutive regular City Commission meetings, regardless of whether a Commissioner is absent or present at any Commission meeting. The proposed amendment reflects this policy. RECOMMENDATION The City Attorney recommends approval of the rule change. III. CITY BOARD, COMMITTEE, COMMISSION AND AGENDA APPOINTMENTS. A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made in accordance with the following procedures: 1. All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint. The Commission shall follow the voting requirements pursuant to Section 3.12 of the City's Charter. ready i.� a -* at the Commissioner may defer his or her nomination for an appointment for up tom consecutive regular City Commission meetings If a Commissioner is not ready to make his or her nomination for an appointment at the second consecutive regular meeting, regardless of whether the Commissioner is present or absent at any meeting,the nomination shall rotate to the next appropriate Commissioner. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules,i.e.: Board A- Order of Rotation: Seat 1,Seat 2,Seat 3,Seat 4,Seat 5 Board B - Order of Rotation: Seat 2,Seat 3, Seat 4,Seat 5,Seat 1 Board C- Order of Rotation: Seat 3,Seat 4,Seat 5,Seat 1,Seat 2 3. A separate rotation list shall be established by the City Clerk's office for each such City board, commission, or committee, and the City Clerk's office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. where the QwAnissiener v*e is next en uble fre-m-glai-ein is absent,then the 51bA y s-h pass to the °xt Cenunissiener en the r-etatien system present at gia 4. In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement apps nomination by the Commissioner shall be made no later than the second consecutive regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement nomination is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system. 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only, unless the unexpired term is for a period of time less than six (6) months. In that event, the appointed member shall then be allowed to serve the following full regular term without reappointment. 6. These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith,to the extent of such inconsistency. w MEMORANDUM r TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Noel Pfeffer, City Attorney DATE: September 25, 2014 SUBJECT: AGENDA ITEM 9.H.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 PROPOSED OFFER OF SETTLEMENT IN THE CASE OF PAMELA HUBBELL V. CITY OF DELRAY BEACH BACKGROUND This agenda item requests the Commission to consider an offer made by the Plaintiff Pamela Hubbell to settle her pending personal injury case against the City. On September 5, 2014, Plaintiff filed a Proposal for Settlement in the amount of$130,000 to settle her case. The terms of the proposal require the City to respond by October 10, 2014. RECOMMENDATION The City Attorney recommends denial of the settlement offer for the reasons discussed in the confidential memorandum previously distributed to the City Commission dated September 25, 2014. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Services Director THROUGH: Terrence Stewart, Interim City Manager DATE: August 28, 2014 SUBJECT: AGENDA ITEM 9.I.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 RESOLUTION NO.55-14:TERMINATION OF CONTRACUREPUBLIC PARKING SYSTEM AND AWARD OF CONTRACT TO AMERISTAR PARKING SOLUTIONS BACKGROUND By motion, accept recommendation from staff to terminate the contract with Republic Parking Systems, Inc. (RPS) under the contracts "Performance Probation Period" provision, and by motion, accept staff's recommendation to award a contract to Ameristar Parking Solutions on an emergency basis to provide uninterrupted parking services at the city owned parking facilities. At the June 3, 2014 City Commission meeting, Republic Parking Systems, (RPS), was awarded RFP 2014-25 in accordance with Code of Ordinances, Chapter 36, Section 36.02(A)(2), for management of the Old School Square and Federspiel parking garages. During the review process, staff noticed a potential issue with the RPS submittal related to the hourly fee proposed for the OSS Garage valet service. The $8.33 fee averaged $5.61 per hour lower than the other submittals, leading Staff to believe the proposal anticipated tip income to supplement attendant salaries. Section 24, Article X of the State Constitution and Section 448.110, Florida Statutes establishes the minimum hourly wage for non-exempt employees at $7.93 per hour. In trades where employees regularly receive tips, in excess of$30 per month, employers may pay employees as low as $4.91 per hour. However, in no case shall an employee's total wages fall below the established $7.93 minimum wage,requiring the employer to pay the difference. The $8.33 proposed hourly fee included ancillary expenses, including but not limited to, insurance, back office support, uniforms, supplies, etc., which could result in an hourly employee wage below the required$7.93 per hour. Staff contacted Mr. Wally Bice, District Manager for RPS, advising him that utilization of the OSS Garage valet service did not currently generate sufficient tips to offset the difference. After significant discussion, Mr. Bice confirmed that RPS would honor the quote. At the June 3, 2014 meeting, Ameristar Parking Solutions, the incumbent and second ranked respondent, addressed the City Commission, expressing similar concern that Republic's proposal was ill conceived and felt they would not be able to provide the required services at a level commensurate with the City's expectations. At the same time, a representative from Republic Parking Systems presented a counter argument. On the afternoon of August 28, 2014, Staff received a call from Mr. Bice, questioning if Republic Parking Systems could be released from the agreement under Section H (page 19), of the bid Specifications which reads: PERFORMANCE PROBATION PERIOD: "The successful awardees will immediately enter into a three-month probationary period upon contract award. During this time the awardees'performance will be closely scrutinized by City staff. If the awardees' performance fails to consistently meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contract will extend through the expiration date given in this bid. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City." The contract was executed on July 16, 2014, therefore, the probation period mentioned above expires October 16, 2014. In addition, the contract contains a "Default Provision", #9 of the General Conditions (page 3), which reads: DEFAULT PROVISION: `In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. " Per the provisions cited above, staff estimated that if the City released RPS under the Default Provisions, it would incur excess costs over $25,000, thus could hold RPS responsible for these costs. As of late, if under obligation to pay these costs, RPS has notified staff that it will reconsider their request for release, and will continue their service under the terms of the agreement. Staffs scrutiny of RPS performance has documented several issues from the onset of the project that needed correction. While these issues have been corrected, the high turnover of staff has resulted in continued repeat offenses. With their intentions now known, staff is concerned that if RPS continues operations through the one (1) year term of the agreement, it will result in increased employee turnover which,requires constant training and oversight, often times resulting in mediocre to low service levels and a potential increase in employee pilferage to supplement income. Staff feels that it is in the best interest of the City to terminate the agreement without cause and release RPS of the obligations. As a stop-gap measure, staff has reached out to Ameristar Parking Solutions. As the incumbent and second ranked respondent, Ameristar has agreed to assume operations of the facilities for a one year term. Therefore, staff is recommending the City enter into a management agreement with Ameristar in accordance with its submittal under RFP 2014-25; execute the same agreement as with RPS. However, they would also be subject to the same three month probation period, which as an option is desired, staff can use to evaluate the circumstances and analyze options, which would include the pros and cons to rebidding the services. At present, being able to provide uninterrupted service, with a seamless transition from one vendor to another, is critical to the operation of theses public parking facilities. While containing provisions for default, no remedy if a vendor fails to make it past the 90 probationary period is addressed in the agreement. However, entering into an agreement with the next ranked bidder would seem the logical option, and is proposed in the attached Best Interest Resolution. DISCUSSION Consider a recommendation from staff to terminate the contract with Republic Parking Systems, Inc. (RPS) "without cause" under the contract's "Performance Probation Period" provision, and by motion, accept staff's recommendation to award a contract to Ameristar Parking Solutions, as the second ranked respondent for RFP 2014-25, on an emergency basis to provide uninterrupted parking services at the city owned parking facilities. TIMING OF THE REQUEST Given the potential negative exposure noted in the staff report, staff urges as immediate of a transition as could be completed in accordance with our purchasing policies and Florida State Statutes, as may be applicable. FUNDING SOURCE Parking Garage services are funded from account 0013151-545-34.90 - Other Contractual Services. RECOMMENDATION By motion, approve a recommendation from staff to terminate the contract with Republic Parking Systems, Inc. (RPS) "without cause" under the contract's "Performance Probation Period" provision, and by motion, accept staff's recommendation to award a contract to Ameristar Parking Solutions, as the second ranked respondent for RFP 2014-25, on an emergency basis to provide uninterrupted parking services at the city owned parking facilities. REPUBLIC PARKING sysrFnn September 29, 2014 Mr. Scott Aronson Director of Parking Services City of Delray Beach RE: Release from Contract Dear Scott, After consultation with you today, Republic Parking System respectfully accepts the city's offer to release us from the contract to provide parking management services for the City of Delray Beach. Specifically, the release will be without default or penalties. We will continue to provide services, to the best of our ability, during the transition period. As discussed, both parties acknowledge the transition will take place on or before November 1 , 2014. We understand that we will continue to be responsible to meet the staffing required of the contract. The burden of paying a higher valet rate than we envisioned will remain ours. Should you have any questions, please feel free to contact me via email. Republic Parking System thanks you for your consideration in this matter. With Regards, Wally Bice District Manager Republic Parking System Cc: Jack Skelton CITY OF DELRAY BEACH 100 NW 1"AVENUE,DELRAY BEACH,FL 33444 RFP No. 2014-25 PARKING FACILITY MANAGEMENT ANNUAL CONTRACT t MAYOR -CARY D.GLICKSTEIN VICE MAYOR -SHELLY PETROMA DEPUTY VICE MAYOR -JORDANA JARJURA COMMISSIONER -AL JACQUET COMMISSIONER -ADAM FRANKEL CITY MANAGER -LOUIE CHAPMAN,JR. Purchasing Division+Finance Department♦(561)243-7161/7163 ♦Fax(561)243-7166 L ORIGINAL C REPUBLIC PARKING SYSTEM We Want To Be Your Parking Ambassador ! Proposal for: PARKING FACILITY MANAGEMENT ANNUAL CONTRACT RFP NO. 2014-25 APRIL 14, 2014 Submitted To: Patsy Nadal City of Delray Beach Purchasing Office 100 NW 1st Avenue Delray Beach, Florida 33444 Prepared by: Wally Bice, District Manager 633 Chestnut Street,Suite 20 00 Chattanooga,TN 37450 423-756-2771 423-255-5728(FAX) wbice(tDrepubl icparkinq.com REPUBLIC MM [PARKING 9Ys TFY TABLE OF CON'TENT'S TABLEOF CONTENTS........................................................................................ .............. EXECUTIVESUMMARY.......................................................................................................................3 SECTION IX-RESPONSE TO RFP............................................................................................................4 A.Price Quote Page........................................................................................................................................4 B.Valet Experience.........................................................................................................................................5 C.Garage Operations.....................................................................................................................................6 D. Event Parking insert...................................................................................................................................7 ADDITIONAL INFORMATION...............................................................................................................8 MunicipalExperience.....................................................................................................................................8 ExecutiveLeadership......................................................................................................................................9 SignatureForm.............................................................................................................................................11 HoldHarmless..............................................................................................................................................12 Coneof Silence.............................................................................................................................................13 DrugFree Workplace.................................................................................................................................... 14 References.................................................................................................................................................... 15 Certificateof Insurance................................................................................................................................ 16 Addenda.......................................................................................................................................................18 l City of Delray Beach Page 2 of 18 April 14,2014 REPUBLIC PARKING SYSTEM EXECUTIVE SUMMARY April 14, 2014 Patsy Nadal City of Delray Beach Purchasing Office 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Ms, Nadal; Republic Parking System appreciates the opportunity to submit the enclosed proposal to provide parking management services for the City of Delray Beach. Republic Parking System is one of the largest providers of parking management services across the united States. We have spent the past forty-five years working to provide the highest levels of client and customer service. With many of our competitors actively and aggressively pursuing growth by acquiring or merging with other parking management fi-rms, Republic Parking System has opted to remain independent and to stay focused on serving our clients and customers. Hard work, dedication to each of our clients and customers and a commitment to employee development and training has allowed us to be recognized as one of the best parking management companies in the industry. The foundation of our business has been built on our approach of "focusing on the fundamentals" of parking management. The installation and proper use of high quality revenue control equipment, non-resettable counters, proper accounting and auditing controls, detailed facility maintenance plans, competent management and office personnel, pro-active senior management, and the ongoing training of staff at all levels are all aspects of the business delivered by Republic Parking System. Per the RI=P, section G on page 19, the contact for information and coordination of services shall be myself. As for a daily site manager contact, that is yet to be determined as we intend to interview the existing staff and, assuming background checks are clear, hire these individuals. If background checks are ordered and the individual falls the check, we will place ads for hire. Again, we appreciate the opportunity to submit the enclosed proposal and look forward to participating in the next step of your selection process, Should you have any questions about the information contained herein, please feel free to contact me. Respectfully, Wally Bice f District Manager Mid-Atlantic Region Page 3 of 18 CITY OF DELRAY BEACH REQUEST FOR PROPOSAL RFP No= 2014-25 Parking Facility Management Table of tents Invitation to Bid 1 General Conditions,Instructions and Information 2-6 IndemtnitylHold Harmless Agreement 7 Cone Of Silence 8 Drug Free Worhplace Certification 9 l Insurance Requirements 10 Insurance form Samples 11 Standard Form of Agreement 12-16 Corporate Achnowledgement 17 Certifacte (if Corporation) 18 Specefications 19-23 Scope of Services 21 -29 References 30 Schedule of Pricing 31 -34 Bid Signature Form 35 Statement of No Bid 36 Attachment"A° 37 CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 3344.4 (561) 243-7161/7163 l=ax: (561) 243-7166 BID No: 2014-25 DATE: March 17, 2014 TITLE: PARKING FACILITY MANAGEMENT BIDS MUST BE RECEIVED ON OR BEFORE: Monday, April 14, 2014— Prior to 10:30 A. M, at which time all bids will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made apart thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW 1" Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: NAME OF COMPANY, BID NUMBER, TITLE, DUE DATEITIME OF BID AND ADDENDA NUMBER, IF ANY. A mandatory pre-bid conference will be held on Wednesday, March 26, 2014 @ 10:30 A.M. for this "Request for Proposal". The meeting will be held in the Environmental Services Administration Building, 434 S. Swinton Avenue, Delray Beach 33444. Questions regarding this solicitation must be received in writing via fax 561-243-7166 or email to nadal@mydeiraybeach.com. A Bidders failure to attend the Pre-Bid Conference will disqualify that Bidders bid. A Bidders failure to sign in within five minutes of the 10:30 A.M.conference start time will disqualify the Bidders bid. No questions received after Wednesday April 2, 2014 at 2:00 P.M. will be addressed. OPENING: It -is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) UNBOUND ORIGINAL AND SIX BOUND (6) COPIES OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. Copies of the specifications may be downloaded from %ww.DemandStar.com, phone (800) 711-1712, or may be obtained in hard copy from the Purchasing Office, City Hall, 100 N.W. 1St Avenue, Delray Beach, Florida, 33344. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. All service/work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 15t Avenue Delray Beach, Florida, 33444. Call Purchasing at 561-243-7161 for information. "The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re-advertise and to award the Contract in its best interest. RFP No.2014-25 Parking Facility Management Page I l GENERAL C ONDITI ONS, INSTRUCTIONS AND INFORMATION 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in .the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink, All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimates only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. if at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the_same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time shall be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the r time(s)specified by the City department after receipt-of purchase order. RFP No.2014-25 Parking Facility Management Page 12 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. S. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with the specifications and of the highest quality. In the event.the material and/or services supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the sellers expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought-and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. (The rerrrainder of this page has been intentionall},left blank) RFP No.2014-25 Parking Facility Management Page 3 14. LIABILITY INSURANCE LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a r result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, Vll or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243- 7150. See pages 10 & 11 for Insurance Requirerpents and "sample" insurance certificate. D. LICENSES: Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of the RFP receipt. The proposal of any Proposer that is not fully licensed and certified shall be rejected. The successful bidder shall pay a City business tax. All bidders should include a copy of their business tax receipts with their bid. All perspective bidders must be in compliance with all local, State and Federal laws. No perspective bidder may have any outstanding fines or liens placed against it by the City. If you have not provided a business tax receipt to the City of Delray Beach you MUST do so before a purchase order will be issued. Contact Donna Porter @ 561-243- 7209 for additional information. 15. SPECIFICATIONS; A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 1.7. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-80126215590-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS,_1 THRU 16 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Commission may renew the contract, at the same terms, conditions, and price(s) for two (2) consecutive terms of one (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest on the City. RFP No.2014-25 Parking Facility Management Page 14 21. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted, either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director,or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 21 CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancel Iationitermination of the contract. 24. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 25. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 26. PROTEST OF AWARD 1 PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the r operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure RFP No. 2014-25 Parking Facility Management Page 15 Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1$ Ave Delray Beach, FL 33444 25, PUBLIC RECORDS: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with'state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. l e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law, 26. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. (The mmainder of this page has been intentionally left blank) RFP No.2014-25 Parking Facility Management Page 16 REPUBLIC PARKING srsrev Hold Harmless IM®EMNI`fYIH®IL® HARMLESS AGREEMENY PARKING FACILITY MANAGEMENT RFP No.7.014-is Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees,from and against all claims,actions, liabilities,losses(including economic losses),and costs arising out of any bodily injury,sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under workees compensation acts,disability benefit acts,other employee benefit acts or any statutory bar. Any cost of expenses,including attorney's fees,appellate,bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive. the cancellation,termination,expiration,lapse or suspension of this agreement i i Contractor's Name Republic Parking System, Inc. Signat re---r it �I I II II RVII No.2014-25 Parking Facility Management Page 7 III I City of Delray Beach Page 12 of 18 April 14,2014 REPUBLI C PARKING srsrea Cone of Silence COME OF SILENCE PARKING FACILITY MANAGEMENT RFP No.2014-25 The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances)is applicable in the City of Delray Beach.Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP,which provides as foliows: Sec.2-355.Cone of silence. (a)Cone of silence means a prohibition on any communication,except for written correspondence, regarding a particular request for proposal,request for qualification,bid,or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation;and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff,a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff,or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner,officer,director,consultant, lobbyist,or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as'of the deadline to submit the proposal,bid,or other response to a competitive solicitation.The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences,oral presentations before selection committees,and contract negotiations during any public meating,presentations made to the board or local municipal governing body as applicable,and protest hearings. Further, the cone of silence shall not apply to contract negotiations behveen any employee and the intended awardee,any dispute resolution process following the filing of a protest between the person filing the protest and any employee,or any written correspondence at any time with any employee,county commissioner,member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body,or advisory board member or selection committee member,unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article llt, division 2, part A, section 2-51 et seq.)or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board,loca€municipal governing body,or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any conif act entered into in viol n o e one f sil rice provisions in this section shall render the transaction voidable. Republic Parking System, Inc. April 9,2014 Contractor's Name lure Bate ( RFP No.2£114-25 Parking Facility Management Page 18 Page 13 of 18 GRUA REPUBLIC J1111,11,111 jl� PARKING SYSfEY Drug Free Workplace DRUG FREE WORKPLACE CERTIFICATION PARKING FACILITY MANAGEMENT RFP No.20t4-25 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality,and service are received by the State of by any political subdivision for the procurement of commodities or contractual services,a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing be bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: i) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 883 or of any controlled substance law of the United States-or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted_ 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Republic Parking System, Incsigna qL_ RFP Ito.2014-25 parking Facility Management Page 14 City of Delray Beach Page 14 of 18 April 14,2014 r INSURANCE REQUIREMENTS l A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. r 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest t edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies-provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished and shall state that such insurance is required by such ara ra hs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate", RFP No. 2014-25 Parking Facility Management Page 110 1 • ACbRD„ C ERTIFICATE OF LIABILITY INSURANGE P ucFR THIS CERTIFICATE IS ISSUED AS A MATTER OF 1FiFORtdASfOAt ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Good Insurance, Inc. HOlDERR.THS5 CERTIFICATE HOES IIDT AJAENO EXTEND OR ALTER THE COVER.A.GE AFFORDED BY THE POLICIES BELOW. P.O. Box A-1 Best City, USA 00000 VISURERSAFFORDINOCOVERAM tiAtc LVSUF. Willing Workers Assoc. ssu�Rs ABC Drive e<'sURERc Anymm, USA 00001 �* � e�Si�Re COVERAGES T14EK CIESOFNSURA1 U57EOBELOWHAVEMET;E UEUTOTH5LNSUREPNAM EDA60VEFOR THE POLICYPER4DQlhl"31447'F�.NO'FYi1TH5xNFD{tiG A 4y RELXMM-7VE11T.T"EFOA Ofj CONMON OF ANiY CONTRACTOR OTHER DOMMjENT 15'IM RESPECT TO Wtib:H Yk$S CERI3F{CATI:MAY SE ISSUED OR NAY PERTAIN,7HEiNSURANCE AFFORBEq 8Y THE f'Ot7C4E5 PESCft19�°D}iERFJN Is SMECT TO ALL -TERMS,ETCCCLUSbNSAfED CO;@3R-TOMS OF 517Ck POUCIES.AGGREGA7EUWT"5 ID'WN JAY HAVE BEEN REDUCE')ByP"o CLAQJS. q1 Kz P f�FFEC7Y,•f POCiEY Dsi4Ai7pM usnt5 SS-YtERALLS MU Y s KEt 1 500,000 A COI€cRClALG�iERNCT49€LSFT GLP077604 01101/10 01/01/11 vkeES i WUUsuAOe []ocru� vEO> iA.�� s pFAS3tiL'6AOW3�C113FY i 6�J:ESVLAGGFzEO•STE f f � LxJY€..u.ts'1=C+47E fWYTA°PLIES PM FA O�Uv'[�.CpIQIA�lfi^. I AtrrpupBr.EUAeErrY �.�ssr.,.Erxu7 f A ALP077606 01/01110 01/01/11 X30 0;-000 ALL 0.5"1=0 AUros BODLY€t!J'iRY f tt'erlarw4 rp��u2=oA13rR9 HBEUAUCOS [S66LY€HaA€Y } (r'a1s=i'fn4 =2xi{ASHEDA4R05 PROFcRTY1 MWF I (Perms pUUflF[3'€Sd-€TE -- A€1E00'1LY-EA.A0'1 S Y } FSA C I At€YA€TO OROai-y; AGB i EXOES&MISRELLALL US7ITY '- Enaia'�n1FtEt7CE s aQLkwsAVX- AiCR-GATE i I EK'II4R:T18lE } RciD11€'�H 3 S 55�SrATu- 0374 Yl€RWES CORPPR AWN AND P essrLOYES€sv�crrY WLP077606 03/01/10 03/01/11 100,000 AHT Pacera_�oRVann. tin-€ve aF;z,=Q,,, �R��y��7 Et-rrs:�-ricrsr f 100,000 Ed.IT�FA5-°-r�L€,rvsar s 500,000 MEK DSS,LFTW N of OPEBAT€owsrLoU7PoBsI VE]fiCi.E81 FXi tt[Sp14 Atrr--0 eYENDDRSEVENEl6PK4ALi MISi0N5 THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED — r see attached endorsement. CERTIFICATE HOLDER OANCEIATION E'RD€LM AFIfOF THE7�am1EA�`LEL4&EO fvt� sBECA€iCELZEfl D�pRETHF EfPiRAT€PF CITY OF DELRAY BEACH. oATI tom,rBe tssua€e r¢sLmErtvttt E7€bEAVpR m uAe� 30 pnri tvRtsr7z€ 100'NIN 1st AVENUE innc��v�xrERm�us€suEpTOSxs�ar.avr-FA�uRSroopsOZwLL DELRAY BEACH, FL 3344[{ p1P6bE I{O pEi€GA.T€p€ORLVliFf€Y OFA}iYKI4 L?PN 7FNCUAE€S EfS A6fFt190R Bf3Ac5ENTATIYES. AUEFiDPl'-0 BFS RESMATrtE ACORD Z5(IMIMS) 6-s AOORD CORPORATIDN 99$8 l RFP No. 2014-25 Parking Facility Management Page 111 STANDARD FORK OF AGREEMENT, BETWEEN CITY AND CONT11ACTOR PARKING FACILITY MANAGEMENT REFWP No.2014-25 _ THIS AGREEMENT made this �� day of 20 by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Republic Parking Systems, Inc. hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, l acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 General Conditions, Instructions and Information 2-6 Indemnity/Hold Harmless Agreement 7 Cone of Silence 8 Insurance Requirements 9 lnsurance form Samples 10- 11 Standard Form of Agreement 12-16 Corporate Acknowledgment 17 Certificate (If Corporation) 18 Specifications 19-23 Schedule of Pricing 24 Drug Free work Place Certification 25 References 26 Bid Signature Form 27 Statement of No Bid 28 Attachment A(Business Tax Receipt Application) 29 RFP No.2014-25 Parking Facility Management Page 112 Addenda numbers—1—to 2_, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach,FL I0o NW Ist Avenue Delray Beach,FL 33444 As to CONTRACTOR: Republic Parking Systems, Inc._ 633 Chestnut Street, Suite 2000 Chattanooga, TN 37450 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by- RFP No.2014-25 Parking Facility Management Page 113 laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. (( CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and l fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ter! dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification t - provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. PUBLIC RECORDS LAWS: CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records ( in possession of the CONTRACTOR at the termination of the contract and destroy any public records that RFP No.2014-25 Parking Facility Management Page 114 are exempt or confidential and exempt from public records disclosure requirements. All records stored // electronically must be provided to the City in a format that is compatible with the information technology t systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 12. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its { termination. 13. FORCE MAJEURE. No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 14. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. RFP No.2014-25 Parking Facility Management Page 115 t IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk C D. Glicksfein, Mayor Approved as to form: City Attorney WITNESS: CONTRAC�O `. C (Print or type name and title) r (Print or type name and title) (SEAL) t R-FP No.2014-25 Parking Facility Management Page 16 CORPORATE ACKNOWLEDGEMENT STATE 01= .f v rg COUNTY of F-�64 ey _ . The foregoing instrument was acknowledged before me this day of Y t a v: t , 2Q , by f a of officer or agent, title of officer or agent), of u , � r. x,; °;;, s (state or place of incorporation).corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Sigriature of Person Takii- Acknowledgment Name of Acknoweedger Typed, Printed or Stamped R ®� b40 RpLi Rbb 6a°'g �� Y iC®W& RFP No.2414-25 Parking Facility Management Page 117 CERTIFICATE TE (if Corporation) STATE OF Ft OMO } } SS COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of i W t , a corporation under the laws of the State of � a t held on 20'rt, the following resolution was duly passed and adopted: "RESOLVED", that as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". 1 further certify that said resolution is now in full force and effect. f IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20 . (Seal) RFP No. 2014-25 Parking Facility Management Pagel 18 ( SPECUNCATIONS PARKING FACILITY MANAGEMENT RFP No.2014-n A. PURPOSE: The purpose and intent of this RFP is to establish an open-end Contract to provide parking facility management with the primary concern of the best quality of service available and the most economical price for two (2) City of Delray Beach parking garages; Federspiel, located at 22 SE 15` Avenue and Old School Square, located at 100 NE 15i Avenue, Delray Beach, FL. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non- responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described therein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given to award the successful Bidder by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the same. C. FIRM PRICE: The City requires a firm price for the Contract period. D. CONTRACT TERM: Term of contract shall be one (1)year from award of contract and expiring one (1) year later. The City Commission may renew the contract, at the same terms, conditions, and price(s) for two (2) consecutive terms of one (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City, per paragraph #20 of General Conditions of this bid. E. GENERAL / SPECIAL CONDITIONS: In the event of conflict between General Conditions and Special Conditions, the provision of the Special Condition shall have precedence. F. COMPETENCY OF BIDDERS: Bids will be considered only from firms that are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. G. VENDOR SERVICE REPRESENTATIVE: The Bidder' shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. H. PERFORMANCE PROBATION PERIOD: The successful awardees will immediately enter into a three- month probationary period upon contract award. During this time the awardees' performance will be closely scrutinized by City staff. If the awardees' performance fails to consistently meet the standards specified within the bid, his/her contract will be promptly cancelled. If his performance is acceptable, then he/she will be also notified and the contract will extend through the expiration date given in this bid. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. I. BACKGROUND INFORMATION: The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience)with the City. City reserves the right to inspect all uniforms and equipment prior to contract award. RFP No.2014-25 Parking Facility Management Page 119 J. DEFAULT OF CONTRACT: The City may, by written notice to the successful bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to r the City as per specifications. The date of termination shall bd stated in the notice. City shall be sole l judge of non-performance. K. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor will any Contract be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a default as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City. L. REJECTION OF IRREGULAR PROPOSALS: Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the City as non- responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informalities in any bid and to reject any or all bids. M. TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation, without prior written consent of the City. N. CAPACITY: Vendors must have the capability to perform contracted servicers on a timely basis and with proper equipment and supervision. Vendor must adhere to procedures and schedules asset forth in the conditions and specifications. Failure to do so shall result in Contract cancellation. O. BID SUBMITTALS: All Bids must be submitted on the attached "Bid Form", SCHEDULE OF PRICING. TOTAL BID PRICE SHALL INCLUDE ALL THE LOCATIONS AS LISTED, P. INFORMATION: For information regarding the submission of this RFP, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach at (561) 243-716117163. Any technical questions regarding maintenance areas and service listed relative to this bid should be submitted in writing via r email: nadaliTmydelraybeach.com or fax: (561) 243-7166 and will be addressed or answered in the form of an addendum. Q. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENTS: State on Bid Form if you will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. R. BILLING: Vendor shall submit a monthly invoice the first of each month, itemizing all hours performed the previous month. S. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has-been placed on the convicted vendor list following a convicting for a public entity crime may not submit a bid on a contract to provide any goods or-services to a public entity, may not submit a bid on a contract witty a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (The i-einainder of this page has been intentionally left blank) RFP No.2014-25 Parking Facility Management Page 120 ( SCOPE OF SERVICES ]PARKING FACILITY MANAGEMENT RFP No.2014-25 The terms of this agreement are for up to three, (3) years. Contractor shall provide professional, capable employees to perform duties as provided for in this Request For Proposal, (RFP) as they relate to the Old School Square, (OSS), and Federspiel Garages. These responsibilities include but are not limited opening and closing facilities at prescribed times, provide light maintenance and cleaning duties, confirm and report elevator malfunctions, collection of fees and associated reporting on weekends and select special events, prepare inventories of vehicles staying overnight, and provide valet parking services in the OSS Garage. These tasks may be modified from time to time, at the City's discretion, at the direction of the Project Manager, (PM). 1. PROCEDURES: A. A time clock is provided for the purpose of tracking employee attendance. Employees are to be at their assigned posts, prepared to work, scheduled times to provide consistency to customers. PLEASE NOTE: Only scheduled times worked constitute billable hours. Payment to employees for time prior to a shift to prepare the work station and subsequent close-out duties, (preparing reports, storing signs, workstations, etc.) following shifts are the responsibility of the selected vendor B. Upon arrival attendants must call the Police Department, non-emergency phone, at 561-243-7800 and provide a cellular phone number for immediate contact with attendant in the case of a customer needing to retrieve a vehicle after closing hours or other matters. C. Close garages nightly at 3:00 AM, (or other designated time as may be directed from time to time), securing all doors and gates. A physical examination of all floors, stairwells, elevators, and corridors shall be done nightly to assure no person(s) remain in a facility after closing; Persons not leaving, when politely asked, shall be reported to the Police Department at the non-emergency phone, 561-243-7800. Employees are not to confront un-obliging or irresponsive people. D. Post and remove appropriate signs during operating hours. All signs must be removed and properly stored in designated storage area(s) upon completion of each shift, special event or other associated- time. When staffed, "Elevator Out of Service" notices must be placed at each elevator landing upon confirmation of a malfunction and removed once elevators are back in service. E. Barricades, cones or other traffic control devices, (supplied by the City), may be required from time to time, and shall be installed/removed as necessary to maintain optimal service controlling traffic flow protecting the public and staff from potential hazards, secure facilities from illegal entry, or other purpose(s) deemed necessary and as may be instructed from time to time. F_ Uniforms shall be worn by employees, at all times while on duty. Uniforms shall consist of polo or button down shirts, displaying the company name and logo, traditional slacks or shorts, (no denim please). G. A photo ID badge, including employee's full name, company name and identifying logo, in legible print or font must be worn at all times and be prominently displayed. Embroidered names on uniforms, while permitted, shall not replace the requirement for photo ID's noted above. H. Contractors' employees and/or agents shall be bonded in the amount of one hundred thousand dollars ($100,000). A certificate(s) evidencing proof of bonding must be provided to the City, by contractor, at time of execution of this Agreement, for each new employee at the time of employment and updated from time to time as necessary to maintain compliance with this provision. 1. If the successful Bidder is not registered to perform work in the City of Delray Beach, a Business Tax Receipt shall be obtained prior to commencement. Business Tax Receipts are available at the Community Improvement Department in City Hall, North Wing,100 NW 1st Avenue, Delray Beach, FL f 33444 l J. The parking facilities shall be available for use by the public at all times, unless otherwise designated by the PM, Contractor shall not reserve or otherwise utilize any spaces for reasons other than use by the public without prior written consentlinstruction from the PM or his/her designee. RFP No. 2014-25 Parking Facility Management Page 121 il. REPORTING: The following reports, Shift Report, (reconciliation form), Monthly Summary Report, Vehicle Counts and, Inventories shall be provided as specified below. Please see sample reports attached hereto: A. Shift report, (reconciliation form), must be completed for each shift during which fees are collected. Revenue shall be reconciled to shift reports and verified by ship manager, completed at the end of each shift and remain on site for collection and/or inspection, (in the event a shift manager is unavailable, a second employee, when available, shall confirm reported revenue. B, Prepare an inventory of vehicles remaining in facilities after closing or end of event coverage. Each facility shall have an Inventory completed including facility name, day, date, time inventory is taken and name of employee taking the inventory. Inventory shall include vehicle make, color, license plate number, location parked and, where applicable, ticket color and number for vehicles entering while fees were collected. Inventories must be maintained and available in the OSS Garage office; C. In addition to reports noted above, Valet Attendants shall maintain vehicle counts of cars entering the facility hourly and submit with the corresponding days shift reports. Ill. INVOICING: A. Invoices for services will be presented monthly for services rendered in the preceding month and must include the following supporting documentation: Facility name; breakdown of hours by function, invoice period, rate of pay; total cost. B. The Federspiei and Old School Square Garages and Valet Service shall be invoiced independently of one another. C. Employees providing services between both garages, (i.e. Shift Manager, Porter) shall have time equally divided between the Federspiel and OSS facilities. 4 D. All ancillary costs, (back office administration, office supplies, etc.), are to be included in the proposed hourly wages. Additional costs for items other than hourly rates, unless previously approved, will not be considered. IV. STANDARD SCHEDULED HOURS 1 DUTIES--SELF-PARKING Old School Square & Federspiel Garages — Self Park Sun. Mon. Tue. Wed. Thurs. Fri. Sat. Total Porter 12 12 6 6 6 6 12 60 Attendant 16 16 16 48 Manager 8 8 8 24 Total 132 A. Tuesday through Friday require only one (1) porter to perform duties in both the Federspiel and Old School Square Garages. Invoicing for these hours shall be equally divided between the two facilities. 13. Saturday through Monday the garages each require one (1) porter Midnight to 6:00 A.M. Invoicing for these hours shall be applied to the respective facility. C. Manager duties are shared between facilities. Invoicing for these hours shall be shared equally between r the Federspiel and OSS Garage invoices. D. In the case of events where the vendor is providing both event and non-event staffing, Supervisor duties are shared among the facilities. RFP No.2014-25 Parking Facility Management Page 122 Maintenance/Cleaning Schedules Sun. Mon. Tue. Wed. Thurs. Fri. Sat, Federspiel Mid -6A Mid -6A Mid-3A Mid-3A Mid--3A 3AM--6A Mid -6A OSS Gar Mid —6A Mid--6A 3A—6A 3A—6A 3A—6A Mid—3A Mid —6A The following duties shall be completed daily or when needed, as directed by the PM or his designee. Cleaning supplies are provided by the City. E. Mop elevator floors, clean interior elevator walls and door panels and outer elevator doors on each floor. F. Check trash receptacles, replacing bags emitting odors or 1/2-'/ full. G. Police paper and debris from throughout the facility including parking levels stairwells, elevators, ramps, etc. H. Report malfunctioning light fixtures, exit lights, missing or discharged fire extinguishers, I. Keep surfaces free of black dust inherent to parking structures. Examples include the tops -of trash receptacles,lire extinguisher cases, handrails, clearance bars, bollards, etc. J. Check all doors to assure proper closing, (doors not propped open, locks with hasps not altered, etc.) K. Facilities shall be opened by 6:00 AM daily L. Facilities shall be closed at 3:00 AM. Facilities may be locked down as early as 1:00 AM on the condition that no cars are present. M. OSS Bathroom facilities are to be cleared of patrons and closed upon closing of facility, or other time(s) as directed by the PM or his/her designee. N. Any loiterers should be politely asked to leave the premises. Noncompliance shall be reported to the Police Department at the non-emergency number, 561-243-7800. Attendants are not to argue with those refusing to leave. Fee Collection Schedule 1 Self— Park Sun. I Mon. I Tue. I Wed. Thurs. Fri. Sat. Federspiel 4P — Mid 4P—Mid 4P—Mid OSS Gar CURRENTLY NO COLLECTION 4P-- Mid 4P—Mid 4P—Mid Manager 4P—Mid 4P— Mid 4P— Mid O. Attendants must collect parking fees on Thursday, Friday and Saturday nights. The fee is currently$5.00 flat rate, collected upon entry. No in and out parking privileges are permitted. P. Contractor is responsible for providing operational change fund for cashiers to provide change to customers_ Q. Contractor shall issue sequentially numbered claim checks provided by the City. The three part ticket shall be issued with the bottom portion, (claim check), to the customer as proof of parking in the facility, the top stub, (larger number) on the dashboard to facilitate audits and the third portion, center stub, retained by attendant to be remitted with the corresponding shift report. Tickets should be remitted in numerical sequence as sold. R. Shift Manager shall make incremental cash drops ($400.00) from attendants to minimize cash on hand at facilities during times of collection. Money drops are to be recorded on reconciliation report, verified by both attendant and shift manager, and deposited in the OSS Garage safe using envelopes provided by ( the City. S. All drops shall contain the following information: facility name; day, date, drop number, currency increments and total amount. Drops must be placed in drop envelopes provided by the City. T. Persons with disabilities, producing a valid handicapped parking hang tag or license plate shall be permitted to park free of charge RFP No.2014-25 Parking Facility Management Page 123 OSS Valet Schedule— Peak Season Schedule f Sun. Mon. Tue. Wed. Thurs. Fri. Sat. Total t Attendant 10A—Mid 10A—Mid 10A—Mid 10A—Mid 10A—Mid 10A-2A 10A-2A 102 Attendant Noon-8P Noon-8P Noon-8P Noon-8P Noon-8P Noon-8P 48 Attendant Noon--9P 2P--9P 2P-9P 2P—9P 2P— 11P 2P— 11P 2P— 11 P 57 Sample schedule for high season. Off Season staffing will be lower. Total 207 In addition to the duties noted above, the following shall apply to valet parking attendants: U. Attendants must possess a valid driver's license and be capable of operating both standard shift and .automatic transmission vehicles. V. A time clack is provided for time stamping customer tickets in and out. W. Attendants must possess basic math skills for calculating time vehicles are parked to calculate proper rates to be charged. X. Schedules subject to change based on utilization, event or special circumstance seasonal and non- seasonal. The schedule above represents high season utilization. (77ze remainder,of this page has been intentionally left blank) RFP No.2014-25 Parking Facility Management Page 24 EVENT PARKING: Please note, the City, at its sole discretion, may advertise for the provision of parking services for special events. However, if services for special events are requested in accordance with this agreement, the following shall apply. A. All Contractor employees scheduled to work at the South County Courthouse Garage must obtain approval from Palm Beach County to staff the Court House Garage. Approval includes fingerprinting and background checks performed by Palm Beach County in accordance with the County's Criminal History Records Check Ordinance. B. Parking attendants must wear uniform shirt with photo ID badge including employee name (can be a polo shirt) with uniform slacks or shorts (no blue jeans or other denim products). C. Parking attendants must have radio and/or cell phone/communications with supervisory personnel. D. Tickets, shift reconciliation reports and combined reconciliation reports per facility to be turned in to the City E. Handling of revenue for event parking: Contractor agrees to remit final billing with net revenue to the City within five (5) business days from the culmination of the event. F. Contractor will provide parking stand with locked drawer at said parking lots. G. Insurance certificate may be required to list Palm Beach. County as an additional insured for event coverage at the County Courthouse Garage. EVENT PARKING FACILITIES: The following list identifies parking lots which may be available for special event parking. Utilization and staffing shall be determined by the City Manager or his/her designee(s). A Community Center 45 spaces B CRA Lot-NW 15 Avenue, (Monterey Lot 90 spaces C North City Hall Lot 185 spaces D City Attorne Paved 60 spaces E City Attorney Grass 60 spaces F OSS Parking Garage 500 spaces G Libra ry Surface Lot 165 spaces H South County Courthouse 320 spaces V. INSURANCE: A. Contractor shall, during the term of this agreement, maintain in full force and effect General Liability Insurance, Workers Compensation Insurance, Garage Keepers Legal Liability Insurance and Automobile Liability Insurance in the amounts provided below: General Usability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risk of injury to persons (including death) or damage to property wherever located resulting from any action or operation under contract or-in connection with the work described herein, This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad from contractual liability, products/completed operations. i. Workers' Compensation per Statutory Limits of the State of Florida to include Employers Liability insurance with limits of at least 100,0004500,0001$100,000. ii. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of$500,000. iii. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non- owned/hired automobiles connected to the business. r iv. The City of Delray Beach must be named as additional insured on the liability policies; and it must l be stated on the certificate of insurance. V. Thirty (30) days written cancellation notice required. vi. Best's guide rating Bf, Vill or better, latest edition. RFP No.2014-25 Parking Facility Management Page}25 VI. MEETING DATES: Bid Advertisement March 16, 2014 Mandatory Pre Bid Meeting March 26, 2014, 10:30 A.M. Questions Received by Aril 2, 2014 (b 2:00 P.M. Eastern Time Questions Answered Aril 7, 2014 (by close of business day) Bid Opening Aril 14, 2014, 10:30 A.M. Review Committee Instruction Aril 14, 2014, 2:00 P.M. Review Committee Review A ri[21, 2014, 9:00 A.M. VII. REVIEW COMMITTEE: The review committee will consist of one, (1) member from each of the City Manager's Office, Environmental Services Department and Community Redevelopment Agency. VIII. SCORING CRITERIA: Category Maximum Points A. FEES 30 B GARAGE VALET 25 C GARAGE OPERATIONS 25 D . EVENT PARKING 20 TOTAL AVAILA13LE 100 IX. RESPONSE TO RFP: Consistency in responses is an important component of the review process so that review committee members are seeing somewhat identical responses allowing for a more comprehensive comparison. Please format your responses in the following manner. If providing a cover letter, please insert as the first page of the response. A. The price quote page provided must be used for listing hourly costs and extending annual totals for each of the positions listed. B. Garage Valet — Please describe how your company provides these services giving examples of similar experiences C. Garage Operations: Please describe your company's experience in maintaining and cleaning similar facilities. D. Event Parking—Please describe your company's experience with Event Parking Space has been provided for a brief explanation on how your company meets the criteria listed in the scoring sheet. Please limit these responses to the space provided. Any additional information felt to be integral to your proposal should be placed at the very end of the response packet and shall be tabbed as "ADDITIONAL INFORMATION". Please note, additional information may or may not be considered in evaluating proposals. RFP No. 2014-25 Parking Facility Management Page 126 PARKING FACILITY MANAGEMENT ff RFP No.2014-25 - 1 QRAAl"8EA(31 l AllkmiGdCit� 3493 2001 SAMPLE REPORTS Self-Parking Reconciliation Form Location Date Attendant Day Ticket Color: Ticket Color: Ending Ticket Number Must be initialed by attendant (Next number in stack) and supervisor. Starting Ticket Drop Amt. Initials Number (First Ticket of Shift) Tickets Issued (Line 1 Minus tine 2) Total Cash Tickets (Line 3 Minus Line 4) Total Collections (Line 5 X$SAO $over/$ Under Attendant: Print/Signature Supervisor: Print/Signature Prime Valet Prime Valet 110 Guests Cafe d' France RFP No.2014-25 Parking Facility Management Page 27 PARKING FACILITY MANAGEMENT II RFP No.2014-25 t DaDAY8EAC71 - A&�na3aQtp f "2993 2pp1 OSS Garage Valet Parking Reconciliation Form Attendant Date L 20 Shift: Day Night F] Weather Ticket Color: Collected Ticket Breakdown Ending Tic# Starting Tic# Tickets Issued @ $E= $ Passes if any @ $R= $ Carryover collected @ $10= $ Total Collected Carryover Remaining TOTAL -#-of Total Drop Initials Remaining Sills Increment (2 People) Amount Carryover Ticket# X $1:00 X $50 X $20 X $10 X $5 $ $ X $1 $ $ TOTAL CASH: = $ Please,clearly complete report fully and bundle tickets in sequential order. Use reverse side to report unusual or extraordinary occurrences,or if more space is needed. RFP No.2014-25 Parking Facility Management Page 128 PARKING FACILITY MANAGEMENT RFP No.2014-25 DELRAY BEACH PARKING INVENTORY Facility Name: Date. NAME (Attendant) Day of Week Time # of DAY DATE VEHICLE MAKE MODEL COLOR TAG NUMBER TICKET# Days RFP No. 2014-25 Parking Facility Management Page 29 REPUBLIC PARKING NIBEEMEMNIM 8Y5FEir References REFERENCES PARKING FACILITY MANAGEMENT RFP No.2014-25 {Please complete this page in full. ProedNarne City of Tallahassee Pro'ect Location Tallahassee Florida oatesOperated 1985-Current contact Name Mr. Mark Beaudoin Contact Telephone 850,891-8711 contact E-mal Add ress _beaudoinrn@talgov.com Project Name Texas Medical Center-MID Anderson Cancer Center(Valet) Projed Lo^a5on Houston, Texas Dates o rated 2008-Current Contact Name Mr. Neil Hart coniactTese Kona 713.863.1137 contact E-mail Address nfhart @mdanderson.org 4 Proiect Name City of Alexandria Pro'ectLocation Alexandria. Virginia Dates Operated 2009-Current Contact Name Mr.Alfred Coleman Contact Te!e hone 703.746.4770 Contact E-ma*9Address alfred.coleman alexandrlava, ov Project Name City of Houston Project LocaWri Houston,Texas Dates operated 2000-Current Contact Name Mr. Lannie Lesher Cont actTele hone 713.224.9904 CnntactE-ma9Addres5 lannie.lez;her@cityofhouston.net Vendor. Republic Parking System, Inc. ( RFP 1TU.2014-25 Parking Facility Management Page j 30 1 Page 16 of 18 REPUBLI C PARKING 9YS fEY SECTION IX-RESPONSE TO RFP A. Price Quote Page SCHEDULE OF PRICING PARKING FACILITY MANAGEMENT RFP No.2014-25 A. PRICING PROPOSAL: The City requires firm pricing to be provided for services outlined in this agreement.Prices shall be quoted in hourly costs and extended to annual total. POSITION HOURLY RATE HOURS PER ANNUAL COST WEEK Shift Ma nag or $ 15.27 24 19,056.96 Cashier $ 14.41 48 S 35,967.36 Porter $ 16.04 BO 50,044.80 Valet Attendant 8.33 207 89,664.12 ANNUAL TOTAL 194,733.24 TOTAL HOURS,(per week)* Manager 24 Attendants 48 Porter 60 Valet Attendants 207 Total 339 maximum billing hours per week Please note,the City is proposing to change over to a fee based parking system.If approved,duties will change from cash collection to assisting patrons with acclimating to the new system. This change should not affect prices quoted,however a change to the schedules wM likely increase parking attendant hours on the self-parking component of the operation. JOINT BIDDING CO-OPERATIVE PURCHASING AGREEMENT: Will extend the same price, terms, and conditions of this bid to other Palm Boach, Martin and 8roward County Governmental agencies. ❑YES R NO (check one) l RFP No.2014-25 Parking Facility Management Page 131 City of Delray Beach Page 4 of 18 April 14,2014 REPUBLIC PARKING NO IRS 1111,11iin SYSTEM B. Valet Experience PARKING FACILITY MANAGEMENT RFP No.=4-2s 8. GARAGE VALET EXPERIENCE(Within Last 5-years) Below are hvo valet operations that we currently manage: TEXAS MEDICAL CENTER-MD ANDERSON CANCER CENTER VALET PARKING In November 2003 Republic Parking System was awarded the parking management contract to operate the valet parking services for the University of Texas M.D.Anderson Cancer Center, located in the immense Texas Medical Center in Houston Texas. The Cancer Center is one of the world's most respected centers devoted exclusively to cancer patient care research education and prevention. The parking operation at MD Anderson consists of six separate valet stations a dedicated surface lot for the storage of the vehicles a staff of approximately 90 drivers and the operation of one shuttle van for the transport of drivers. The valet stations service the different departments and centers for exam le the Rota House Hotel,the Volunteers and the Radiation Treatment Center,within the hospital. Collectively,these valet stations see approximately 1,500 vehicles per day. SETON HEALTHCARE NETWORK, AUSTIN, TEXAS In September 1999 vie awarded the parking contract tooperate sev Seton Healthcare Network Garages in Austin Texas. The Seton Healthcare Network is the leading provider of healthcare services in Central Texas serving an 11 county area with a population of 1.4 million people. The contract initially encompassed 2,500 parking spaces in 3 ara es, Brackenridge Hospital South and Austin Medical Plaza Garages, as well as 2 valet operations. In October 2003,the Children's Hospital added valet services as a service to their patients. f RFP No.2014-25 Parking Facility Management Page 132 l Page 6 of 18 REPU8tiiC PARKING srsred C. Garage Operations PARRING FACILITY MANAGEMENT RFP No.2014-23 C. OPERATIONS&MAINTENANCE(Within last 5-yrsl Since its humble bectinning over t -five (45)years ago, Republic Parking System has served its clients honestiy,_eagerly and professionally.A privately held corporation, Republic Parkin System presently has over 600 parking locations under management totaling in excess of 240,000 parking spaces in 90 US Cities and has seen revenues increase to$345,000,000. One component of our success is a vibrant operational and maintenance plan. Republic Parking System believes that a well thought out and executed maintenance plan allows us to attract more parkers due to aesthetics which helps create a feeling of safety within the facility and a sense of professionalism in the management of the parking operation, Additionally, negative reactions to parking rate increases are significantly lessened at parking facilities that are well maintained. The term "maintenance"involves several components including sweeping,cleaning windows, plowing snow,servicing equipment such as ticket machines,gate arms, elevators and fans, and structural repairs and preventive maintenance, repainting stall markings,and repair of asphalt pavement in parking lots.These and other maintenance tasks are needed to maintain the appearance and safety of the facility. Republic believes that"an ounce of prevention is worth a pound of cure"and preventive maintenance can help prevent many costly repairs. Republic understands that maintenance of parking tacilities is multifaceted and a e al e customized maintenance program 1s required for eac parking garage and Jot. Our maintenance program is comprehensive and we are able to evaluate your aci I ies an crew e a program that will mee a nee s of e ray Beach. ( Rf<P No,2414-25 Parking Facility Management Page 133 City of Delray Beach Page 6 of 18 April 14,2014 REPUBLIC PARKING SYS TEw D. Event Parking insert I PARKING FACILITY MANAGEMENT RFP No.2014-25 D. SPECIAL EVENT PARKING(Within Last 5-years) Below is a snapshot of our Event Parking operations. Currently,we manage several garages and lots in major metropolitan areas that provide event parking for stadiums,arenas and concert halls. Riverbend Festival-For over 30 years,the City of Chattanooga has produced a 9 day, multi- cultural, multi-day event on the banks of the Tennessee River in downtown Chattanooga. The festival showcases international, national, regional and local acts, as well local and regional artists, for a family-oriented event.With over 30,000 patrons per day, Riverbend has become a nationally-acclaimed event. Republic Parking System u €Izes b6 garages an sur ace ots to accommodate the patrons for e event, I€c e s are pre-sold by attendants a e entrance to the lots. Our Riverbend Fesfi_WaT client contact Is Mr. Don Sharp. He can be contacted at r University of Tennessee Football-The University of Tennessee, Knoxville is a state grant l institution. It is the flagship campus of the University of Tennessee System encompassing campuses at Knoxville, Chattanooga, Memphis, Martin and Tullahoma. On football Saturdays, over 100,000 fans attend games at Neyland Stadium, Republic Parking System currently o erates 13 locations thru both private lots and the Public Building AUthoritV of Knoxville]Knox County,Tennessee encompassing 4,789 spaces.We utilize all1jarking.spacesJor the games.We use cashier staff to collect fees on a pre-pay basis on the lots and in the garages. Mote:The PBA consists of 3 839 spaces of the total 4,789. Our PBA client is Ms. Jayne Burritt at 865,215,8420, University of Nebraska Football-The University of Nebraska—Lincoln, chartered in 1-869, is an educational institution of international stature. On a football Saturday, Memorial Stadium holds approximately 92,000 fans with 150,00 fans enjoying tail gaiting activities in the downtown area. Republic Parking System uses Amano Mc Gann Special handheld event technology to park the fans.We re-sell via the Park& Go Website. Customers present a printed bar code to gain entry into the lot. In 2011,we processed approximately 40,000 transactions for the season or 5714 per game. Furthermore we use 2,40D on street meters aces for,games on a"pre-sold" basis.We simply sell hancitags to these fans to display on their car_Our client is Mr. Ken Smith. He can be reached at 402.441.6097 RFP No-2014-25 Parking Facility management Pave 134 Page 7 of 18 REPUBLIC PARKING srsrca Signature Form I CITY OF DEL RAY BID SIGNATURE FORM i PARKING FACILITY MANAGEMENT RFP No.2014-25 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid}package is submitted in accordance with the sp.cification in its entirety and with full understanding of the conditions governing this bid. Republic Parking System, Inc. *Name of Bidder(Firm Name as Registered vAth their State of origin) Business Address: 633 Chestnut Street, Suite 2000 Street Address (P.O.Box Address is not permitted) Chattanooga, TN 37450 City,State,Zip Mailing Address: JXI Check if Same as Business Address above 4 Street Address Cit , State,Zip Autho d Signature(Written) Jack Skelton, Vice President Print Name and Title of Person Signing this Form April 9, 2014 423.756.2771 423.265.5728 Date Telephone ! Fax Rio. Email Address of Authorized Signee: 'skelton(a)rer)ublioparkinci.com VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: Wally Bice TELEPHONE; t 423 1 664.2148 RFP No.2014-25 Parking Facility Management Page 135 Page 11 of 18 CITY OF DELRAY STATEMENT F NO 810 l PARKING FACILI'T'Y MANAGEMENT RFP No. 2014.25 If you are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray, each. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑Woman ❑Ot r We,the undersigned have declined to bid on Bid No.2 014-25 due t the following reason(s): Please Check below: t, ❑ Specifications too"tight", i.e.,geared toward rand or manufacturer only(explain below) ❑ Insufficient time to respond to the lnvita' n to Bid ❑ We do not offer this product or an a uivalent ❑ Our product schedule would no permit us to perform ❑ Unable to meet specificatio s ❑ Unable to meet bond r uirements ❑ Specifications and r(explain below) ❑ Other(specify b ow) Remarks/Other: SIGNA RE: DATE: RFP No.2014-25 Parking Facility Management Paged 36 REPUBLIC 1:111A 1! in PARKING ii:llli�!illl! l ;�l MIAMI SYSTEM Addenda ADDY-NDUM NO,2 City of Delray Beach Parking Facility Management I1FP Pilo.2014-25 April 09,2414 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. REPLACEMENT PAGE#6 1, .Page#6,Item 929,FORCE MAIEURE added. t NOTE: Bidders must acknowledge Receipt:of this Addendum _Write the words"Addendum No.1"on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECUT OF ADDENDUM NO.2 BY STGNTNG BELOW AND FAKIG BACK TO(561)243-7166 OR VIA EMAIL 3 .;_, ,. ! f:. • ,,:,,i:_:;.;„AS SOON AS POSSIBLE. PI$nholder B /Z/`.., Date Page Iof i REP Zia 201 4-25 Pakug htmr�saY 1 City of Delray BeaGh Page 18 of 18 April 14,2014 PARKING FACILITY MANAGEMENT RFP No.2014-25 100K Wd Previous Bid Tabulation b RFP Submittal Package Label (attach to package-must use) l RFP No.2014-25 Parking Facility Management Page 37 :fM r Mumma c r3 a ss f] [pY Q =tom�'`== -- - y� £ Q �•. -a Q U CO CO Z tQ., -�:�=��'.•�r-"�i^�:: � ° a s {y �. n �z 5" a .� a ct to C14 211 C%2 UN w tm 4- v KL a m =ref Lid N b r N 7 3 7 W ¢• E G1 - E ry .0 E fi O •r d Q "O 4 O d Cl LU 'q8 M Q D N L L LU tu o � Em� � LU rA U(}} b d LEE o f 5 �� w 4 U REPUBLIC PARKING SYSTEM ADDITIONAL INFORMATION What Makes RPS Unique? Municipal Experience Republic Parking is the largest provider- of municipal parking management services in the country. Our business model and approach has meshed extremely well with cities around the country. We have the experience in both on-street and off-street parking management, as well as significant experience in managing combined on & off-street parking systems, PA44 Faauty Meter 01ak 06n UrbanPdanicipal0ienis FadTffts Spates MIN, Mpt Issued pressing Revue _L_44f Charlesf4n,South Carolina - - 22 10,805 Y — Y 2 City of Gnroln Nebraska I7 7,908 Y Y Y Y4,5D0,000 1 City of Ann Arbor,l9�iligan(DDA) 16 7,139 Y Y $11,995,060 4. City of Houston Texas = _ -13 5,1$3 Y 8 360 6D0 J. CityofCedar_Raads _ - . - - 2- 6,189 ._ Y Y = =.Y= Y-.- X1,250,000 6r City ofMhomaCity[COTPA} - 10. . .=..x,741 Y 1 C of Spnngfi�4,ffassac usekts(SPA) - = 10 5,663 Y Y Y Y X5,560,600 :_ 8. City'_&County of Knoxville,T [PBA} - - --_- -= 12 5,623 _ Y 9. State of Louisiana 5 5,851 Y _ _ X315,000 _ - 10 City of Loulsv%Ile,Kentucky!(PARC} _.._ - --.--_._. _.1__ V00 =Y - =Y Y $I�Sffta, D Ii City of Virginia Beach 4 3,657 Y_ NIA 12 Capital Csty DeYebpment Corp Base Idaho = - 11 3,395 Y - $41900,000 13. City of Lingkon,Kentocky[LEXPARK} 6 3,300 Y Y Y Y $1,500,D 14 City of Worcester,I,tassarhuse s - 4- 2,811 , Y -__Y — _ 2,95,000 15. City of Chatkana>ga,Tensee(CARTA} .9 '2L346 Y == Y -16 City of Tacoma Wasfiingto� --:_ ?._ -=21254 :.Y _-=.Y- 17. City of Bafti [PABC} „- _._._ .- 3 --22 Y- r . =- ,675,000 18, Cityof 19 City of hasseeRxida -_ _- 3 1,8711' 20. City_of§traCu&N'e;' York _ - .-_- . . .-- _2_- - ,800 =Y . --:- JL gty_of Camb*e,ilassachusetts 2 1,468 Y _ l,45D,0� 22: City of Chattanoogar_T_enn2sse2 2 --_11373 Y Y -- 940f0� 23. City of Bangor 24. City of f-Iem is Tenn see �'* is CCC 1 1,004 _Y _ 980,000 of Bacon,Georgia =_ =r -.Y= 26. City of Alexarr1 Yrglnia - - 1 891 Y 27, Nashville f4TA 3 762 Y 28 City-of Augusta G�rq'�a _ _ _..._ t 726 _ Y $295,000 29. Hamilton County Chattanooga TN _- - 1 _ 707 Y 30 Pork of Seattle -_ 2 525 31 Rerce County,`4'dastlington 4 450 Y 270,E 32. City of Fnolulu_Halraii __. -.r_-. =2 = - 393 Y.-`- -_s_ -=- -- _-•- -:-_, 840,DOf?., 33. �C fty of Denyer,CArado 4 169 Y 290,QOD 228 101,853 33 12 5 5 $83,925,000 City of Delray Beach Page 8 of 18 April 14,2014 1 ME IEPUBLIC ARKIMG MMOMMMMEEMMEMMMIMMEMEMEM SYSTFL Executive Leadership Scott Titmus, President - Mr. Titmus has over 20 years of experience in the parking and transportation management industry. After graduating from college with a BA degree, Mr. Titmus held various positions of increasing responsibility with a large, full service parking management firm. During this time, Mr. Titmus gained firsthand knowledge of all aspects of I the parking and transportation management business including applications relating to office,'hotel, retail, airport and hospital parking. Jack Skelton,Vice President, Eastern Region Mr. Skelton has 17 years of experience in managing all types of parking operations. After graduating with a BA degree from the University of Minnesota, Mr. Skelton went on to obtain his law degree from Ham line College. Mr. Skelton has overseen the operation of parking garages in over twenty cities in the United States, as well as experience managing Republic's operations in South America. He has opened many large complex parking operations, and has been directly involved for the design of various revenue control systems and shuttle operations. Mr. Skelton offices at Republic's corporate office in Chattanooga and is our Vice President overseeing the company's Eastern Region. Benjamin D.Wolfley--Chief Financial Officer Mr. Wolfley has more than 8 years experience in the parking industry and over twenty (20) years experience in accounting and finance. His experience includes 9 years in public accounting with Price Waterhouse and eleven (11) years in several positions as a principal financial f executive. As a senior financial executive, Mr. Wolfley engineered public offerings, financing, private debt and equity placements ranging from $1 million to $400 million. Mr. Wolfley holds a Bachelor of Science degree in Accounting from the University of Utah, and is a certified public accountant. Jan Veal- Human Resources Director Jan Veal has an M.S. degree in Industrial Organizational Psychology and over 25 years of professional experience in diverse human resource settings and educational environments. In 2006, Jan joined Republic Parking System as a Human Resource Specialist; she was promoted to Director of Human Resources in March, 2011. She directs the Human Resource Department in providing human resource support, training, and consultation to over 2,600 hourly and management staff member employed in our Airport and Urban Divisions. Jan has been an adjunct professor at the University of Tennessee at Chattanooga since 1998 where she provides course instruction for junior- and senior-level courses in Human Resources Management. She received The Quality of Teaching Award from the University's College of Business Administration for her dedication and excellence in instructional design and delivery. She also co-authored; Human Resource Management: A Managerial Tool for Competitive Advantage Instructor's Manual, published by South- Western College Publishing. Page 9 of 18 REPUBLIC PARKING TEN SYS Wally Bice, District Manager, Mid-Atlantic Mr. Bice has 16 years of experience in managing all types of parking =h' operations. After graduating with a BS degree from the University of Tennessee, Mr. Bice began his career with RPS in Chattanooga, TN. After leaving RPS in the late 90's to pursue a career in real estate, Mr. Bice returned to the industry in 2000. Since that time, he has held several positions in the parking industry. Mr. Bice has overseen parking operations in Charleston, SC, Atlanta, Baltimore, Alexandria, Fairfax and Virginia Beach, VA; and Scranton, PA. Mr. Bice is our District Manager overseeing the company's Mid-Atlantic area encompassing Delaware, Maryland, Washington, DC, Virginia, West Virginia, North Carolina, South Carolina and Florida, City of Delray Beach Page 10 of 18 April 14,2014 � T Q) O Z r n' O 4 Q O 5- Z C m o W } W W LPL{ LLU LLU w > cn 0 . 0 � p � W ❑ H N LU 9 > >- >- >- ❑ in aU) ❑ J N O C17 CD a = F ti W M N cl ~ a r N N N N LU 69 69 6►} W to iM. 69 CD to C%4 a) V ❑ UJ W co 0 N O 00 Lh I- aY LIJ et r [ r co CD 0 1.. LU U o 3: �, 1* qt L6 T.3 W N W U 6T 6R 69 tf1 6F} al O E �1 m s+ M r Q 0 Liz LA Lo N! N 00 w �4 CD N Z 00 %t CO r co t- M !ti Cl) O � 41 fII (� W C) 64 T a0 r Dd T cc T C7 ❑ ~ Z Q W = N r N N N N m 7 d > O p 4 LL _ LL _ V Q 6r3 ER H7 69. ff3 bg ff-? 6F} ta tR Ha t!3 CD U Li w O 0 0 Lfi O LSD 4 N O 00 O O It 9 C7 W O C� R W N 00 00 N Y W J LL{ LSD N co ti I;r I• M U r N CO 00 co CO co T a a = Q) a> co 0 0 LO CD LO o N m co er LD o a w ca rn co CA r Co C%! p m T- V) mt co m 'T ti � 00 it -t ti a) W J r CD r N r W r W r LU co w Rfl eD n [4 ti LO rn ❑ (D N Q O N Q } 6g 63 69 f�} 6g ca 6R V3� s;t a� n O V � M ti 00 C7 G O C3 LO Cl 0 0 00 N O W CV It C? O t!7 O 6] OR C7 q 00 -: 0) y .- 0 � LO w co 00 'gr 00 d' t- c)) ro r W r M lqt e-° U) N 0 r V) Q et Q f- It Q R7 N i = N O In 2 LL O N Ef} 6R 69 6f} to 69 to (R4 (a 6,9- 6R Soo > A W U c c II U H w Z W u7 W N O Y J Z — J Y v H z Z Q z Q Z V }; OL ❑ ❑ W LLI :3 � � m 4 � O V7 3p � YU m Y v � O z F- a � H O cx -a � z O � � mo 7 � � aN ❑ ¢ aD U C9 CL F- LCi. r i a O Q ai LU ¢ w o a> Z u �I J � W H 'v'• w ") v � E O E a oa wl Q m H' C. uj a �• ..r N N N v z rl e 1 r�l IL 10f? N LLI � w W Z Q Z _ 2 ti J Q d Q C dc Q m ! w Lei w P m a � Q � Q Q Q ` x Z Z Z J J LLI IN 92 Z In O D d AC LL. w w w o o Q O 1- v D v V V Ci T 0 N N Z C ++ +V o LL Z yJj m d' ` J U) a, rl O C 0 Q w _ o a Q U C Q m Z H ; vi RFP 2014-25 - PARKING FACILITIES MANAGEMENT SCORE SHEET VENDOR/CATEGORY Costello Barcinski Krejcarek TOTAL RANKING REPUBLIC PARKING 92 78 70 240 SYSTEMS Mi DOUBLE PARK LLC. 84 92 56 232 3 A&ASSOCIATES 54 57 50 161 4 AMERISTAR PARKING 71 77 85 233 2 SOLUTIONS, INC. ACCURATE PARKING INC. 25 36 66 127 5 GLOBAL PARKING 34 20 32 86 6 SERVICES 28-Apr-14 Graded by:print name Signature SCORING CALCULATIONS As noted at the meeting, ranking is based on 4 categories.Your top selection for each category receives the highest number of points avaialble for that category. Subsequently ranked respondents are graded accoding to the decending formula discussed. See below for point values. GRADING PRICE VALET SERVICE GARAGE EVENT OPERATIONS PARKING 1st 30 25 25 20 2nd 25 21 21 17 3rd 20 17 17 14 4th 15 13 13 11 5th 10 9 9 8 6th 5 5 5 5 Republic Parking Default Calculations Porter Cashier Manager Valet Hours/week 60 48 24 105 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Ameristar $ 14.95 $ 14.95 $ 14.95 $ 13.95 Republic $ 16.04 $ 14.41 $ 15.27 $ 8.33 Difference/hour $ (1.09) $ 0.54 $ (0.32) $ 5.62 Weekly Differential $ (65.40) $ 25.92 $ (7.68) $ 590.10 Contract Term 39 weeks $ (2,550.60) $ 1,010.88 $ (299.52) $ 12,392.10 $ 10,552.86 VALET:WINTER STAFFING DIFFERENTIAL 18 weeks @ $ 814.90 per week= $ 14,668.20 Default total due $ 25,221.06 Assumes Republic operating through October to allow for ratification of agreements and transition totalomg 39 weeks of default rate. Includes 21 weeks of valet service of 105 hours per week and 18 weeks of high season valet coverage 145 hours per week. RESOLUTION NO. 55-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING CANCELLATION OF ITS AGREEMENT WITH REPUBLIC PARKING SYSTEM DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT REPUBLIC PARKING SYSTEM'S CONTINUED MANAGEMENT OF THE OLD SCHOOL SQUARE AND FEDERSPIEL PARKING GARAGES IS NOT IN THE BEST INTEREST OF THE CITY AND FURTHER RESOLVING THE CONTINUATION OF SERVICE IS IN THE BEST INTEREST OF THE CITY DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE TO ENTER INTO A MANAGEMENT AGREEMENT WITH THE SECOND RANKED RESPONDENT TO RFP 2014-25 IS PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Republic Parking System (hereafter Republic), in accordance with Section 36.02(A)(2) Request For Proposal Method of the City Code of Ordinances, RFP # 2014-25, has provided management services for the Old School Square and Federspiel parking garages, (hereafter Garages), since August 1, 2014; and WHEREAS, the agreement carries a 1-year term and is currently in effect through July 31, 2015; and WHEREAS, during the consideration for the award of RFP #2014-25, the inconsistent pricing by Republic was discussed, however, the scoring criteria of the RFP ranked Republic as first for the recommendation for award in management of the OSS Garage Valet and Federspiel Garage valet services;and WHEREAS, Republic, while still performing under the first three month probation period, has requested to be released from its obligations to the City for the management of the Garages; and WHEREAS, the City of Delray Beach Environmental Services Department seeks approval to cancel the agreement with Republic for management of the parking garages;and WHEREAS, the City deems Republic in default of the agreement, pursuant to Section 9, Default Provision, by not providing services commensurate with the scope of services outlined in the agreement due to high staff turnover; and WHEREAS, in accordance with the Section 9 the City Of Delray Beach, Florida would incur costs in the amount of Twenty Five Thousand Two Hundred Twenty One 06/100 dollars ($25,221.06) to offset the difference of expenses for the remainder of the first year of the agreement proposed by the second place respondent; and WHEREAS, Republic would rather continue to provide the service under the terms of the contract v. pay the costs associated with Section 9 above; and WHEREAS, the City feels that with Republic's intentions known, there is a risk of diminishing service level,therefore it is not in their Best Interest to continue services with Republic; and WHEREAS, the second place respondent, Ameristar Parking Solutions, has agreed to enter into an agreement in accordance with its submittal under RFP 42014; and WHEREAS, awarding a contract to Ameristar Parking Solutions will continue to provide uninterrupted valet services at the parking facilities; and WHEREAS, awarding the contract to Amen star Parking Solutions is in the Best Interest to the City; and WHEREAS, Section 36.02(c)(11) —Best Interest Acquisitions, of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-fifths affirmative vote, that cancelling the agreement with Republic "without cause" per Section H, page 19 of the agreement. Section 3. The City Commission of the City of Delray Beach hereby declares, by a minimum four-fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of Parking Facility Management Services from Ameristar Parking Solutions is in the City's Best Interest. Section 4: This Resolution shall take effect upon City Commission ratification. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of 12014. MAYOR ATTEST: City Clerk w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: September 9, 2014 SUBJECT: AGENDA ITEM 9.J.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD BACKGROUND There is a vacancy on the Code Enforcement Board due to Mr. Stanley Brodka being appointed for regular membership at the City Commission meeting on September 4, 2014. The term is unexpired ending January 14, 2016. Nomination for appointment is needed for one (1) alternate member. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. 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 with the exception of Dennis Guy. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2) for one (1) alternate member to serve an unexpired term ending January 14, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Code Enforcement Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2016. CODE ENFORCEMENT BOARD EXHIBIT "A" Michael Caruso Certified Public Accountant(also applying to the Police Advisory Board) LeAnne DeRigne Educator(currently serving on the Police Advisory Board) Suzanne Donohue Real Estate Associate Cory Duncan Construction/Project Management(also applying to the Police Advisory Board) Pearl Elrod-Markfield Real Estate Associate (currently serving on the Affordable Housing Advisory Committee) Dennis Guy Finance/Builder Kat Kadian-Baumeyer Real Estate Associate (also applying to the Code Enforcement Board) Linda Laurence-Leib Retired Educator Noelle McIntyre Real Estate Broker Melvin Pollack Retired/Security (also applying to the Green Implementation Advancement Board) Daniel Rose Attorney (also applying to the Police Advisory Board) Richard Sachs Director/Marketing-Sales (also applying to the Police Advisory Board) Peter Sclafani Retired/Executive Director(also applying to the Police Advisory Board) Alan Siegel Attorney (currently serving on the Police Advisory Board) Kevin Warner Educator(currently serving on the Civil Service Board, also applying to the Board of Adjustment& the Police Advisory Board) Bryan Weber Attorney (also applying to the Board of Adjustment and the Police Advisory Board) 09/14 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2016 Jason Dollard Attorney Layperson Unexp Appt 4/21/11 Reappt 01/03/13 01/14/2016 Kevin Homer Insurance Layperson Appt 01/03/13 01/14/2017 Ross Freeman Retired/Sales & Business Appt 4/16/2014 Relationship Person Management 01/14/2016 Ronald Gilinsky,Vice Chair Sales/Marketing Layperson Unexp Appt 09/06/11 Reappt01/03/13 01/14/2015 Stephanie Sugar Regional Director Business Unexp Appt Person 11/01/11 Appt 01/03/12 01/14/2015 Stanley Brodka Financial Services Layperson Unexp Appt Alt 03/04/14 Appt Reg 09/04/14 01/14/2015 David Boone, Chair Attorney/Educator Layperson Unexp Appt 03/01/11 Reappt01/03/12 ALTERNATES 01/14/2016 DeAnna Longo Registered Nurse Layperson Unexp Appt 01/03/13 + 3 yr term 01/14/2016 Vacant Contact: Danise Cleckley 243-7213 S/City Clerk/Board 14/Code Enforcement Board N � / 0 A i o � W i � C° N x N ao f� ti a a ao cs fyo ao o a� aN i �"" p aao rp o � o. o. o.o �", aao Qr �OO � � �° 'rj" ° o Q; dot". 51- �, • / Z �� r� w txatx � � r� wtx � awcn � �wA � r� w ^� �w A � wcn � w w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: September 9, 2014 SUBJECT: AGENDA ITEM 9.K.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 NOMINATION FOR APPOINTMENT FOR BOARD OF ADJUSTMENT BACKGROUND There is a vacancy on the Board of Adjustment due to Ms. Brenda Cullinan being appointed for regular membership at the City Commission meeting on September 4, 2014. The term is unexpired ending August 31, 2015. Nomination for appointment is needed for one (1) alternate member. 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 nomination for appointment will be made by Commissioner Frankel (Seat#3) for one (1) alternate member to serve an unexpired term ending August 31. 2015. DISCUSSION This item is before the City Commission for nomination for an appointment to the Boad of Adjustment. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1) alternate member to serve on the Board of Adjustment for an unexpired term ending July 31, 2015. BOARD OF ADJUSTMENT EXHIBIT "A" Kat Kadian-Baumeyer Real Estate Associate (also applying to the Code Enforcement Board) 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 Code Enforcement Board) BOARD OF ADJUSTMENT 09/14 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2015 Harvey Starin Real Estate Broker Appt 08/16/11 Reappt 08/20/13 08/31/2016 Brenda Cullinan Retired Unexp Appt 11/01/11 Reappt10/01/13 Appt Reg 09/04/14 08/31/2016 Dale Miller Interior Designer Appt 08/16/11 alt Unexp Appt 09/20/11 Reappt08/21/12 Reappt 08/19/14 08/31/2016 Allen Kilik, Chair Retired-CEO Unexp Appt 05/17/11 reg Unexp Appt 10/19/10 alt Reappt08/21/12 Reappt 08/19/14 08/31/2015 Michael Park Attorney Unexp Appt 06/07/11 Appt 08/16/11 reg Reaapt08/20/13 ALTERNATES 08/31/2015 Vacant 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 Wes' a a a a a I I O 0 c / -0 O p O O O p O O O O O O W Cj w v1 � w � w � w U U / o 0 Qn Z U A x t w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: September 16, 2014 SUBJECT: AGENDA ITEM 9.L.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD BACKGROUND There is a vacancy on the Police Advisory Board due to the resignation of Mr. Matthew Manahan. The term is unexpired ending July 31, 2015. Nomination for appointment is needed for one (1) regular member. 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. Membership shall include a diverse cross section of the community; business owners,religious and faith based organizations,youth, school officials and local organizations, where feasible. The following individuals have submitted an application 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 Frankel (Seat#3) for one (1)regular member to serve an unexpired term ending July 31, 2015. DISCUSSION This item is before the City Commission for nomination for an appointment to the Police Advisory Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1)regular member to serve on the Police Advisory Board for an unexpired term ending July 31, 2015. City of Delray Beach Police Advisory Board —Applicants Exhibit A 1. Alexander Christopher Resident 2. Corey Duncan Resident 3. Steven Mack Resident 4. Daniel Rose Resident 5. Richard Sachs Resident 6. Peter Sclafani Resident 7. Kevin Warner Resident 8. Brian Weber Resident • Corey Duncan (also applying to the Code Enforcement Board) • Daniel Rose (also applying to the Code Enforcement Board) • Richard Sachs (also applying to the Code Enforcement Board) • Peter Sclafani (also applying to the Code Enforcement Board) • Kevin Warner(currently serving the Civil Service Board and also applying to the Code Enforcement Board) • Brian Weber(also applying to the Board of Adjustment and the Code Enforcement Board) POLICE ADVISORY BOARD 9/14 TERM EXPIRES NAME &ADDRESS 07/31/15 Jack Chadam Unexp Appt+2 yr 05/21/13 07/31/16 Wyana Claxton Unexp Appt 08/16/11 Reappt07/17/12 Reappt07/15/14 07/31/16 Lea Anne DeRigne Appt 07/15/14 07/31/16 Robert Shell, Chair Unexp Appt 08/02/11 Reappt07/17/12 Reappt 07/15/14 07/31/15 Vacant 07/31/15 Annette Annechild Unexp Appt 11/01/11 Reappt07/25/13 07/31/16 Shelly Weil,Vice Chair Appt 07/17/12 Reappt 07/15/14 07/31/16 Ellen Major-Hanna Appt 07/15/14 07/31/16 Alan Siegel Appt 08/05/14 07/31/15 Michael Costin Appt 08/06/13 07/31/15 John Jackson Unexp Appt 12/03/2013 07/31/15 Vacant (Student) 07/31/16 Vacant (Student) Contact: Yolaina Ruiz 243-7056 S/City Clerk/Board 14/Police Advisory Board \ Q / \ z / w \ v� o / \ N / 0 ti a� o C�j o zs o � Cj / M / ^ C�j -- \ zs r. > 1 N M M N M M O M �--i M N M O M M M M M M Cj / O O O O O O O p 0 O O O O O O O O p 0 O O O \ Cj / \ u C O N I / 4. v' v' v' \ cd cd cd .0 fj U U u `� O / w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: September 16, 2014 SUBJECT: AGENDA ITEM 9.M.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 NOMINATIONS FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD BACKGROUND There are two (2) vacancies on the Green Implementation Advancement due to Mr. Bruce Bastian and Mr. Frederick Kaub being appointed for regular membership at the City Commission meeting on July 15, 2014. The terms are unexpired ending July 31, 2015. Nominations for appointment are needed for two (2) alternate members. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Implementation Advancement Board for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Implementation Advancement Board shall consist of five (5) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. 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 Frankel (Seat #3) and Commissioner Jarjura (Seat #4) for two (2) alternate members to serve unexpired terms ending July 31, 2015. DISCUSSION This item is before the City Commission for nominations for appointment to the Green Implementation Advancement Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for two (2) alternate members to serve on the Green Implementation Advancement Board for unexpired terms ending July 31, 2015. GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Anne Kingsbury Paralegal Clerk Katherine Lembovski Finance Marianne Regan Human Resources Assistant Sandy Trento Educator Melvin Pollack Retired/Security (Also applying to the Code Enforcement Board) 09/14 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME &ADDRESS OCCUPATION 07/31/2015 Giulia Pace Vice President/Investment Unexp Appt +2 yr.02/19/13 Research 07/31/2016 Bruce Bastian,Vice Chair Business Development Unexp Appt 05/20/14 Manager Appt Re g 07/15/14 07/31/2016 Frederick Kaub President—Environmental Unexp Appt 06/03/2014 Services Appt Reg 07/15/14 07/31/2015 Stephanie "Chloe" Bedenbaugh, Human Resources Unexp Appt 04/05/11 reg Chair Unexp Alt 03/02/10 Reappt06/21/11 Reappt10/15/13 07/31/2016 Nancy Richards Elder Mediation Specialist Appt 7/15/14 ALTERNATE MEMBERS 07/31/2015 Vacant 07/31/2015 Vacant S/City Clerk/Board 14/Green Implementation Advancement Board Contact: John Morgan 243-7324 wN ra zN i � NM O C�j RCDM N M M N M O MC4� N � � �CD O O O O O O O GQ \ tw tw C�j Qn C \ - C�j / MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: September 16, 2014 SUBJECT: AGENDA ITEM 9.N.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD BACKGROUND There are two (2) vacancies on the Education Board for student members to serve an unexpired term ending July 31, 2015. Nomination for appointment is needed for one (1) student member to serve an unexpired term ending July 31, 2015. Please be advised that there is only one student applicant at this time. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individual has submitted an application and would like to be considered for appointment: Name Background Nikkie Dugan Student A check for code violations and/or municipal liens was conducted. None were found. Students are not registered to vote. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4) for one (1) student member to serve an unexpired term ending July 31, 2015. DISCUSSION This item is before the City Commission for nomination for an appointment to the Education Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1) student member to serve on the Education Board for an unexpired term ending July 31, 2015. 9/14 EDUCATION BOARD TERM EXPIRES NAME &ADDRESS OCCUPATION 07/31/2015 Mitchell Katz, Chair Development Appt 07/05/11 Representative Reappt07/25/13 07/31/2016 Lisa Paolo Director of Academy Appt 07/01/14 O erations 07/31/2016 Jeremy Office Certified Financial Planner Appt 4/01/14 07/31/2016 Michelle Quigley Educator Appt 4/01/14 07/31/2016 Mercie Alcindor Educator Appt 07/15/14 07/31/2016 Angela Burns Educator Unexp Appt 11/15/11 Reappt07/17/12 Reappt 07/01/14 7/31/2015 Julia Kadel Director of Admissions Unexp Appt 12/06/11 Reappt07/25/13 07/31/2015 Cathy DeMatto Development Consultant Appt 08/06/13 07/31/2015 Daryl Pauling Educator Unexp Appt 10/01/13 07/31/2015 Joyce Warner Educator Appt 07/25/13 07/31/2015 Margarita Kaufman Educator Appt 08/06/13 STUDENT MEMBERS (one term limit) 7/31/2015 Vacant 2 YEAR TERM Student 7/31/2014 Vacant 1 YEAR TERM Student Contact:Janet Meeks 243-7231 S/City Clerk/Board 2014/Education Board \ U / zM i w � \ N / O W a a 1 a 1 a a a a ' N Mi Vl ,M� 77irl W \O � CL CL CL CL W CL CL W CL CL CL CL CL r� U C.0 �u / v ^a C.0 / w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: October 2, 2014 SUBJECT: AGENDA ITEM 9.0.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 ADOPTION OF RESOLUTION NO.54-14/ESTABLISHING ZONING IN PROGRESS AS OF OCTOBER 7,2014 WITH RESPECT TO ADOPTION OF NEW LAND DEVELOPMENT REGULATIONS FOR THE CENTRAL BUSINESS DISTRICT AREAS(ADDENDUM) BACKGROUND During the course of the past year, at the direction of the City Commission, the City has been actively engaged in a process to undertake a thorough review and extensive update of the existing Land Development Regulations (LDRs) for the Central Business District (CDB) areas. Among the reasons for revising the LDRs is to clarify existing regulations, make them more understandable to landowners and easier for the City to administer. This process formally commenced in November of 2013 when the City and the Community Redevelopment Agency (CRA) engaged the Treasure Coast Regional Planning Council (TCRPC) to prepare an update of the CBD area LDRs for City Commission review. Over the past several months, the draft LDRs prepared by the TCRPC have been presented conceptually to the City Commission and informally to several interested stakeholder groups. Most recently, on October 6, 2014, the draft LDRs were presented to the Planning and Zoning Board for review as required by LDR Section 1.1.6. This section provides that no action may be taken with respect to any text amendment to the LDRs unless first presented to the Planning and Zoning Board for recommendation. The current timeline for adoption of the LDRs by the City Commission is scheduled for November, 2014. In order to provide for an orderly transition from the existing LDRs to the new regulations, and because of possible uncertainty in the timing and substance of the final LDRs, staff is suggesting the City Commission consider the adoption of a resolution establishing zoning in progress. Florida law recognizes the "pending ordinance" or "zoning in progress doctrine", which provides that a development application submitted on or after the date when a local government declared its intent to change its LDRs may be denied or deferred until after the enactment of the new LDRs. Such a resolution would eliminate a "race of diligence" where developers submit applications in order to try to obtain approvals or permits before a local government can complete its LDR amendment process. Resolution No. 54-14 provides notice that the City of Delray Beach is considering amendments to the LDRs for the CBD areas and invokes the zoning in progress doctrine effective as of the date of the adoption of the Resolution. By invoking zoning in progress, this Resolution declares that City policy shall be to defer all applications for development, permits or uses in the CBD areas that are inconsistent with the proposed LDR amendments, effective upon adoption of Resolution No. 54-14. The zoning in progress will be in effect until the amended LDRs are adopted by the City Commission, or until the passage of 180 days, whichever occurs first, though that timeframe may be extended by subsequent City Commission Resolution. RECOMMENDATION City Commission discretion. RESOLUTION NO. 54-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THAT THE CITY OF DELRAY BEACH IS CONSIDERING AMENDMENTS TO THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR) FOR THE CENTRAL BUSINESS DISTRICT AREAS; INVOKING THE ZONING IN PROGRESS DOCTRINE WITH RESPECT TO THE LDR AMENDMENTS; PROVIDING THAT, FROM THE DATE OF ADOPTION OF THIS RESOLUTION AND DURING THE PENDENCY OF THE CITY'S CONSIDERATION OF THE LDR AMENDMENTS, THE CITY WILL DEFER THE PROCESSING AND APPROVAL OF ALL APPLICATIONS FOR ANY DEVELOPMENT OR USES INCONSISTENT WITH THE LDR AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida ("City") has been actively engaged in the process of undertaking a thorough review and extensive update of the existing Land Development Regulations (LDRs) for the Central Business District (CBD) areas, and as a part of this review, in November 2013 the City and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the City's LDRs for the CBD areas; and WHEREAS, among the purposes of the Delray Beach Comprehensive Plan is to seek to enhance the City's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95, while retaining the distinctive character of each district; and WHEREAS, the existing LDRs for the CBD areas need to be reorganized and substantially modified to make these regulations understandable to the public, predictable to landowners, and easier for the City to administer;and WHEREAS, in accordance with these considerations, the City of Delray Beach Department of Planning and Zoning ("Department") has proposed amendments to the City's LDRs for the CBD areas; and WHEREAS, the Department has previously presented its proposed amendments to the City's LDRs for the CBD areas conceptually to the City Commission, informally to stakeholder groups, and most recently to the City of Delray Beach Planning and Zoning Board at a public meeting on October 6, 2014; and WHEREAS, as required by LDR Section 1.1.6 the Delray Beach Planning and Zoning Board on October 6, 2014, voted to to recommend of the Department's proposed amendments to the City's LDRs for the CBD areas; and WHEREAS, all persons or entities that may want to build, develop or otherwise apply for any approvals in the CBD areas are on notice that the City is considering the adoption of amended LDRs, that the amended LDRs should be considered zoning in progress, and that any expenditure of funds and development efforts in reliance on the current LDRs by any party, until the final LDRs are adopted or determined not to be adopted, is not reasonable and that any such actions by any party are at their own risk;and WHEREAS, the City Commission finds that the acceptance of any development applications, issuance of any permits for development or any uses inconsistent with the proposed LDR amendments is detrimental to the best interests of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals above are true and correct and incorporated into the findings of this Resolution as if set forth in full herein. Section 2. Zoning in Progress. That pursuant to the pending ordinance doctrine and Florida law, the City Commission hereby acknowledges that the City of Delray Beach is preparing and considering the adoption of ordinance amendments to the LDRs for the CDB areas and that, if adopted, such LDR amendments would substantially and materially amend the City's LDRs for the CBD areas. Section 3. That the City process currently ongoing and in effect with regard to the creation, development and consideration of amended LDRs for the CBD areas constitutes zoning in progress. Section 4. That the acceptance and processing of applications for development, permits or any other approvals or uses in the CBD areas that are inconsistent with the proposed amendments to the City's LDRs for the CBD areas shall be deferred from consideration by the City beginning on the effective date of this Resolution and ending as set forth in Section 5 below. Complete applications for development or uses in the CBD areas that were submitted on or before the effective date of this Resolution, or that are otherwise consistent with the proposed amendments, shall be processed normally pursuant to the City's LDRs currently in effect. Section 5. That this zoning in progress shall remain in effect until new or amended LDRs for the CBD areas are adopted by the City Commission or until the passage of 180 days, whichever occurs first. This policy may be extended by Resolution of the City Commission for additional periods of time in order to complete the tasks outlined herein. Section 6. That this Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of 2014. MAYOR ATTEST: City Clerk 2 Res No. 54-15 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: September 25, 2014 SUBJECT: AGENDA ITEM I I.A.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014 ORDINANCE NO.28-14 BACKGROUND During the City Commission discussion regarding the nomination process for City advisory board members on September 4, 2014, the Commission directed the City Attorney to amend the current rules to provide that all appointed City board members serve at the pleasure of the City Commission. The removal procedures for appointment of members to City boards are established by Chapter 32 of the City Code of Ordinances. The City Attorney's office has prepared a proposed ordinance amendment which provides that all future appointed City board members will now serve at the pleasure of the City Commission. The amendment specifically excludes certain City boards whose membership and removal are governed by state statute or special law (e.g. Code Enforcement Board, Community Redevelopment Agency, Downtown Development Agency, and the Delray Beach Housing Authority). Also, appointed board members currently serving on a City board are legally entitled to complete their term under the current City rules (i.e. removal for cause). All City board members appointed after the effective date of the ordinance shall serve at the pleasure of the majority of the City Commission and may be removed without cause at any time. Elected members of City boards (e.g. Civil Service Board, Police and Fire Pension Board) may only be removed for cause, after notice, and a hearing before the City Commission. DISCUSSION The ordinance was prepared at the direction of the City Commission. RECOMMENDATION City Commission discretion ORDINANCE NO. 28-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF ORDINANCES; AMENDING THE RULES FOR REMOVAL FOR MEMBERS OF CITY BOARDS; AMENDING SECTION 32.15, "DEFINITIONS", AMENDING SECTION 32.17, "GROUNDS FOR REMOVAL"; PROVIDING FOR A TRANSITION PERIOD FOR EXISTING MEMBERS OF CITY BOARDS; REPEALING SECTION 32.18 "PROCEDURE" IN ITS ENTIRETY; AND BY REPEALING SECTION 32.19, "VOTE NECESSARY FOR REMOVAL" IN ITS ENTIRETY, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify its Code of Ordinances relating to the procedure for removal of appointed Members to City Boards, and WHEREAS, appointed Members of City Boards serve in a largely advisory capacity, as unpaid volunteers, without compensation, and as such should not have any property rights to their position, and WHEREAS, the purpose of this Ordinance is to revise the City policy with respect to appointed City Board Members to provide that any Member of a City Board appointed after the effective date of this ordinance shall serve at the pleasure of the City Commission and may be removed for any reason, or no reason, by a majority vote of the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions", Section 32.15, "Definitions", of the Code of Ordinances of the City of Delray Beach be amended to read as follows: Sec. 32.15. DEFINITIONS. For the purposes of this Section, the following definitions shall apply: City Board. AU of the Regulatory or Advisory Boards Committees and Commissions of the City Member. Any person who is a member of any of the mguate a y or advisefy beards, Commiftees- and . City Board, whether they are appointed by the City Commission or elected Abandonment of Office. Includes, but is not necessarily limited to, failure to attend three (3) consecutive regular meetings of a Cily Board, Committee or Conuni Section 2. That Chapter 32, "Departments, Boards and Commissions", Section 32.16, "Application", of the Code of Ordinances of the City of Delray Beach be amended to read as follows: Sec. 32.16. APPLICATION. (A) A Mmember of any City Board, G^m mit4ee ^r Gemmi sio appointed by the City Commission to serve for a fixed term may be removed during the term of office in accordance with the provisions of this subchapter. This subchapter shall apply to any City Board, Gemmittee ^" C operating under the auspices of the City, whether created by Charter, special act, ordinance or resolution, except as provided in [subsection] (B)below. (B) (1) The Code Enforcement Board shall be governed by F.S. Chapter 162.05(e) and (fl which provides that if any MiRember of a Code Enforcement Board may be removed for cause or if a Member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman;. Upon the occurrence of anv of the nreceeding events the Enforcement Board shall declare the Mmember's office vacant, and the City Commission shall promptly fill the vacancy. (2) The Community Redevelopment Agency shall be governed by Florida Statutes Chapter 163.356(4) which provides that the City Commission may remove a Community Redevelopment Agency Commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if the member has been given a copy of the charges at least ten (10) days prior to such hearing and has had an opportunity to be heard in person or by counsel. (3) The Downtown Development Authority shall be governed by Special Act which is codified as Chapter 71-604, Laws of Florida, as amended. The Special Act provides that the City Commission may remove a Mmember of the authority for good cause upon a vote of four-fifths of its entire membership, authorizes removal after notice which specifies the charges, and after a hearing. Good cause in the Special Act is defined as willful neglect of duty, incompetence, or unfitness to perform one's duty or conviction of an offense involving moral turpitude. Members so removed shall be entitled to review by the circuit court of the action taken. (4) The Delray Beach Housing Authority shall be governed by F.S. Chapter 421.07 which provides for the removal of Commissioners for inefficiency or neglect of duty, or misconduct in office. A Commissioner may be removed by the Mayor with concurrence of the governing body, but a Commissioner shall be removed only after the Commissioner has been given a copy of the charges at least ten (10) days prior to the hearing thereon and after an opportunity to be heard. (C) The provisions of this subchapter shall be cumulative to such other procedures as specified in other applicable provisions of law concerning a specific board, Committee or Commission. Section 3. That Chapter 32, "Departments, Boards and Commissions", Section 32.17, "Grounds for Removal"be amended to read as follows: 2 ORD. NO. 28-14 Sec. 32.17. GROUNDS FOR REMOVAL. in addition to siieh other gretmds for the removal of members of a paftieulaf board, Ceffffnittee of c.,,..,,.,ii* .� .. , to p o r-ibed by law, , ber- be removed 1 +1, City r� for- the �� YM � , �',, .,, v� u� �aay t 112 (Pai4 14) of the Here;,]., Statutes, tw;,.+ie in emy ,,,.+ for- ,.1.,+;,. of 1, iiwelviag moral VaT4ude, ineffleieney, neglee4 of duty, eenduet which reader-s the member- inegaetive in dealing wi these members of the publie interested in the work of the member's bear-d, CeffHnit4ee or- Ce i i , effi-ial dies,or-fo otherjust eau' ; . (1) Abandonment of Office. Except as may be otherwise provided by law, special act or City ordinance, in the event of Abandonment of Office by a Member of a City Board a notice of removal shall automatically be issued by the City Manager or designee The removal shall be effective as of the date of the notice. (2) Except as otherwise provided by City ordinance general or special law, an appointed Member of a City Board shall serve at the pleasure of the City Commission notwithstanding that their appointment may be for a specified term. No Member derives any property rights in his or her position (3) The City Commission may remove a City Board Member appointed by the City_ Commission for any reason or no reason by a majority vote of the membership of the City Commission. The removal shall take effect immediately or u on any later date which the City Commission may specify, (4) The City Commission may remove an elected City Board Member for: (i) violation of any provision of the applicable Statute, County or City code of ethics governing the conduct of officials (ii) malfeasance; misfeasance; neglect of duty or inability to perform his or her official duties or (iii) conviction of a felony or misdemeanor. The City Commission may suspend an elected City Board Member for: (i) an arrest for a felony, or arrest for a misdemeanor related to the duties of office-, or (ii) an indictment or information regarding the commission of a misdemeanor, or felony. The elected City Board Member shall be advised of the basis for his or her removal or suspension provided reasonable notice, and an opportunity for a hearing in accordance with the procedures provided in Section 32.18 (5) The vacancy of either an appointed or elected City Board Member shall be filled in the same manner as the original selection. Section 4. That Chapter 32, "Departments, Boards and Commissions", Section 32.18, "Procedure", of the Code of Ordinances of the City of Delray Beach be amended to read as follows: 3 ORD. NO. 28-14 Sec. 32.18. PROCEDURE. (A) Transition Rules. A Member of a City Board appointed prior to the effective date of this ordinance shall be subject to the following procedures for the remainder of the Member's current term: (B) Grounds for Removal. In addition to such other grounds for removal of Members of a City Board as may be prescribed by Ordinance or law during the transition period described in subsection (A) above an appointed City Board Member may, in the discretion of the City Commission be removed by the City Commission for the violation of any provision of Section 32.17 (4) (CA) Notice of Removal. Except as provided in subsection (EE) below, a notice of removal shall be served upon the Member sought to be removed upon the direction of a majority of the City Commission. The notice of removal shall be prepared by the City Attorney and signed by at least one member of the City Commission, and shall specify the grounds for removal. (DB) Service of Notice. The notice of removal shall be served by personal delivery or by ordinary first class mail. Service shall be accomplished as soon as is practicable after the City Commission directs service of the notice of removal. The notice shall include a statement that the Member has the right to request a hearing before the City Commission, and that the request for a hearing must be received by the City Clerk on or before a date to be specified in the notice, which shall be seven (7) days from the date of service if the notice is personally served, or ten(10) days from the date of mailing if the notice is served by mail. (EE) Grounds for Automatic Removal. If the ground(s) for removal is Abandonment of Office, the notice of removal shall automatically be issued by the City Manager or his designee. In such cases, subsection (FD) below shall not be applicable, but the person removed may request reappointment at any time. (FD) Hearing; Decision of City Commission. (1) Upon the timely request of the Member for a hearing before the City Commission, the Commission shall set a date, time and place for a hearing and direct the City Clerk to give the member notice of the hearing. (2) At the hearing, the Member will have an opportunity to respond, to present evidence and arguments on all issues involved, and to conduct cross-examination. The Member may appear in person at the hearing or be represented by legal counsel or some other representative as the member chooses. (3) The decision of the City Commission may be to either remove, to suspend, to reprimand or to absolve the Member. (GB) Effective Date of Removals. (1) Except as provided in subsection (GE)(2) below, the effective date of removal of a Member shall be immediately after the expiration of the time in which the Member has the right to request a hearing before the City Commission, or any later date which the City Commission may provide, unless the Member timely requests a hearing before the City Commission. If the Member timely requests a 4 ORD. NO. 28-14 hearing, and if the City Commission decides to remove the Member upon the conclusion of the hearing, the removal shall take effect immediately unless the City Commission specifies a later date. If a Member timely requests a hearing but withdraws the request prior to the hearing, the effective date shall be the date on which the request is withdrawn. (2) If the ground(s) for removal is Abandonment of Office, the removal shall take effect immediately upon issuance of the notice by the City Manager or his designee. (IT) The City Clerk shall notify the City Commission in writing at such time that the date of appointment or election of all Members is subsequent to the effective date of this Ordinance. Upon such notification the transition rules provided in Section 32.18 shall be deemed repealed without any further action by the City Commission and all Members shall be governed by the remaining sections of Chapter 32 of the Code of Ordinances. Section 5. That Chapter 32, "Departments, Boards and Commissions", Section 32.19, "Vote Necessary for Removal", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety as follows: Removal of ,i J Beafd, V uuassavu shall require fouf (4) votes ef the City 7 f of itwe of a fflee Section 6. That, Chapter 32, "Departments, Boards and Commissions", Section 32.20, "Reappointment", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety as follows: f.,,,,, r-eappeipAing the City B a 7 upon good eause she Commission,to the City that member- has requested and demens&E"d geed eause for- sue.h. �t. Section 7. 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 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective immediately upon passage on second and final reading and shall also apply to all appointments made at the Commission meeting where this was heard during first reading. 5 ORD. NO. 28-14 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST: MAYOR City Clerk First Reading Second Reading 6 ORD. NO. 28-14