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11-04-14 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday, November 4, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000-Fax: (561) 243-3774 www.mydelraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. Recognizing and commending Jeff and Julie Kadel for their dedication and service in the community with the Delray Beach Miracle League. 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. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH BROWN BROTHERS CONSULTING, INC.: Authorize prior approval for annual spending with Brown Brothers Consulting, Inc. in an amount not to exceed $50,000.00 for business cards, sizable print jobs, binding and finishing, brochures and poster boards with stands (design, layout and print), specialty paper products and specialty printing and mailing services. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". B. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH A&A ASSOCIATES INTERNATIONAL: Authorize prior approval of annual spendinll with A&A Associates International in an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". C. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH MANPOWER: Authorize prior approval of annual spendinll with Manpower an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". D. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH ROBERT HALF: Authorize prior approval of annual spending with Robert Half in an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02 (B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year. E. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH WELLS FARGO: Authorize prior approval of annual spending with Wells Fargo in an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". F. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH OFFICE TEAM: Authorize prior approval of annual spending with Office Team in an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". G. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH UNITED STATES POSTAL SERVICE: Authorize prior approval of annual spending with the United States Postal Service in an amount not to exceed $75,000.00 for postage. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". H. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH CDW-GOVERNMENT FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES: Authorize prior approval of spending with CDW-Government in an amount not to exceed $200,000.00 for the acquisition of hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher end PC's for engineering functions and video surveillance cameras and network cabling. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". I. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH GOVCONNECTION FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES: Authorize prior approval of spending with GovConnection in an amount not to exceed $100,000.00 for the acquisition of hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher end PC's for engineering functions and video surveillance cameras and network cabling. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". J. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH PCMG FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES: Authorize prior approval of spending with PCMG in an amount not to exceed $200,000.00 for the acquisition of hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher end PC's for engineering functions and video surveillance cameras and network cabling. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". K. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH PALM BEACH NEWSPAPERS, INC.: Authorize prior approval of spending with Palm Beach Newspapers, Inc. in an amount not to exceed $60,000 for bidding activities and to meet legal notice requirements regarding ordinances by several departments. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". L MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES: Approve a Memorandum of Understanding with the Florida Department of Highway and Motor Vehicles to give the Delray Beach Police Department electronic access to the Driver and Vehicle Information Database (D.A.V.I.D.) which allow searches for driver's license and vehicle records to aid law enforcement in investigations. M.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (C )/TENNIS CENTER SPONSORSHIP: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the sponsorship of City tennis tournament, Delray Beach Open by the Venetian Las Vegas, for FY 14-15. N. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of alternate representative Mr. David Cook for a two (2) year term ending July 31, 2016. O. APPOINTMENT OF A STAFF ASSISTANT CITY ATTORNEY: Approve the appointment of Ms. Stephanie Spritz for the position of Staff Assistant City Attorney. P. PROCLAMATIONS: 1. None Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 13, 2014 through October 24, 2014. R. AWARD OF BIDS AND CONTRACTS: 1. Bid award to ConSery Building Services (Bid No. 2014-43) for HVAC chiller maintenance and service at City Hall in the amount of$14,664.00 and the Delray Beach Library in the amount of$14,064.00 for a total cost of $28,728.00. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 001-3431-519-46.10 (General Fund: Repair & Maintenance Service/Building Maintenance) and 001- 3431-519-46.20 (General Fund: Repair & Maintenance Service/Equipment Maintenance). 2. Award to Sanders Company, Inc., a single source supplier, in the amount of $48,606.00 for the purchase of a replacement transfer pump at the Water Treatment Plant (WTP). Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/ Other Machinery Equipment). 9. REGULAR AGENDA: A. WAIVER REQUEST/SPODAK DENTAL GROUP: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(E)(7), "Design Standard Matrix", to allow the installation of a monument sign to be placed in the bio swale area for Spodak Dental Group located at 3911 West Atlantic Avenue. (Quasi-Judicial Hearina) B. RESOLUTION NO. 57-14/GRANICUS, INC.: Consider approval of Resolution No. 57-14; approving the continuation of services for video/audio streaming of Commission meetings and audio streaming of the City's emergency radio station while the City engages in a competitive bid solicitation; declaring by a four-fifths affirmative vote that the City's sealed competitive method or written quotations procurement method for the purchase is not in the best interest of the City. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(c)(11), "Best Interest Acquisition". Funding is available from 001-1316-512-46.90 (General Fund: Repair & Maintenance Service/Other Repair/Maintenance Costs). C. CONSULTANT SERVICES FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES RFP: Motion to approve a consultant services agreement with Mr. David Dee in an amount not to exceed $20,000.00 to finalize an award of the Solid Waste and Recycling Collection Services RFP. This is in compliance with the City Charter, Section 4.08(A), "Legal Counsel Appointment, Removal Compensation; Appointment". D. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH KONICA MINOLTA BUSINESS SOLUTIONS: Consider prior approval of annual spending with Konica Minolta Business Solutions in an amount not to exceed $60,000.00 via Florida State Contract #600-000-11-1 for multiyear lease agreements for the acquisition of copiers and related services from Konica Minolta Business Solutions. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". E. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH OFFICE DEPOT: Consider prior approval of annual spending with Office Depot in an amount not to exceed $150,000 via Florida State Contract #618-000-11-1 for office and educational consumables. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". F. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH RED WING SHOE COMPANY: Consider prior approval of annual spending with Red Wing Shoe Company in an amount not to exceed $35,000 via Brevard County Central Services contract P-2-12-19 for acquisitions of safety shoes. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02 (C) "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". G. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH RICOH USA, INC.: Consider prior approval of annual spending with Ricoh USA, Inc., in an amount not to exceed $60,000 via on Miami Dade contract #033KK11 for multiyear lease agreements for the acquisition of copiers and related services from Ricoh USA, Inc. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C) "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". H. PURCHASE AWARD/MUNICIPAL EQUIPMENT COMPANY, LLC (MECO): Consider approval of a purchase award to Municipal Equipment Company, LLC (MECO) in the amount of$32,331.00 for 15 sets of Firefighting Protective Equipment based on the Lake County Contract #12-0806M. This is in compliance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard" and Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is available from 001-2315-526-64.60 (General Fund: Machinery Equipment/Other Machinery/Equipment) and 001-2313-522-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment. 10. PUBLIC HEARINGS: A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT REGARDING ATLANTIC CROSSING AND RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT: Consider approval of an Amended and Restated Development Agreement ("Amended Agreement") consistent with the January 2014 site plan approved by the City Commission and the Atlantic Crossing Conditional Use and Class V Site Plan Approval Staff Letter dated February 12, 2014. (At the direction of the City Commission this item has been deferred for further review. Since this matter was previously advertised for action on November 4, 2014, this courtesy notice is included in the agenda.) B. ORDINANCE NO. 33-14 (FIRST READING/FIRST PUBLIC HEARING): Imposing a temporary moratorium on the operation of medical marijuana treatment centers and dispensing organizations within the city for a period of one (1) year. If passed, a second public hearing will be held on November 18,2014. 11. FIRST READINGS: A. ORDINANCE NO. 34-14: Consider an amendment to 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"; and by repealing Section 32.19, "Vote Necessary for Removal" in its entirety. If passed, a public hearing will be held on November 18, 2014. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne F. Davis, CPRP THROUGH: Terry Stewart, Interim City Manager DATE: October 13, 2014 SUBJECT: AGENDA ITEM 5.A.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 JEFF&JULIA KADEL PRESENTATION BACKGROUND Jeff & Julie Kadel are the founders of the Delray Beach Miracle League, a 501(c)3 non-profit organization that operates organized baseball programs for children with mental and physical challenges at Miller Park. The league began on April 28, 2007. The Delray Beach Miracle League is one of 240 Miracle League Organizations across the country including Puerto Rico, Canada and Australia. The Fall 2014 season began October 4th and will continue, on Saturdays, through November 22nd, 2014. TIMING OF THE REQUEST Mayor Glickstein requested a presentation of recognition to Jeff and Julie Kadel, before the end of the Fall 2014 season, for their continued efforts to provide quality organized baseball opportunities for children with mental and physical challenges. RECOMMENDATION Commission recognition of Jeff and Julie Kadel to honor them for their service to the community. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 21, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH BROWN BROTHERS CONSULTING,INC. BACKGROUND Acquisitions of printing and related specialty services are made directly by several departments over the course of the year directly with Brown Brothers Consulting, Inc. Examples include business cards, sizable print jobs, binding and finishing, brochures and poster boards w/stands (design, layout and print), specialty paper products and specialty printing and mailing services such as for the annual water reports. We expect FY 2015 spending to be as much as $50,000, in as many as 75 separate transactions. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under the Code of Ordinances Sections 36.02(B), "Written Quotations Method", and 36.02(C) "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for printing and related specialty services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of printing and related specialty services from Brown Brothers Consulting Inc. not to exceed $50,000, and further finds that such acquisitions are in compliance with Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at$25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 24, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH A&A ASSOCIATES INTERNATIONAL BACKGROUND Acquisitions of temporary staffing services are made directly by all departments with multiple agencies, including A&A Associates International. Temporary staffing is used to meet short term needs that arise from resignations and other vacancies or from project requirements that do not merit hiring full time employees. Requirements vary from technical/office to field laborer. No single vendor has the ability to meet all departments' requirements. We expect FY 2015 spending with A&A Associates International to be as much as $100,000. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Chapter 36, Sections 36.02(B), "Written Quotations Method", and 36.02(C) "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Chapter 36, Section 36.03 (B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year." TIMING OF THE REOUEST This request is timed to provide for the smooth continuation of City operations. FUNDING SOURCE Funding for temporary staffing is fully provided for in the approved FY 2015 budget RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of temporary staffing services from A & Associates International not to exceed $100,000, and further finds that such acquisitions are in compliance with Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at$25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH MANPOWER BACKGROUND Acquisitions of temporary staffmg services are made directly by all departments with multiples agencies, including Manpower. Temporary staffing is used to meet short term needs that arise from resignations and other vacancies or from project requirements that do not merit hiring full time employees. Requirements vary from technical/office to field laborer. No single vendor has the ability to meet all departments' requirements. We expect FY 2015 spending with Manpower to be as much as $100,000. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02 (B), "Written quotations method" and 36.02(C), "Direct acquisitions method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REOUEST This request is timed to provide for the smooth continuation of City operations. FUNDING SOURCE Funding for temporary staffing is fully provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of temporary staffing services from Manpower not to exceed $100,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple acquisitions from Vendor exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the Code including separate Commission approval for any individual transaction at$25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH ROBERT HALF BACKGROUND Acquisitions of temporary staffmg services are made directly by all departments with multiples agencies, including Robert Half. Temporary staffing is used to meet short term needs that arise from resignations and other vacancies or from project requirements that do not merit hiring full time employees. Requirements vary from technical/office to field laborer. No single vendor has the ability to meet all departments' requirements. We expect FY 2015 spending with Robert Half to be as much as $100,000. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the smooth continuation of City operations. FUNDING SOURCE Funding for temporary staffmg is fully provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of temporary staffing services from Robert Half not to exceed $100,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the Code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH WELLS FARGO BACKGROUND Acquisitions of temporary staffmg services are made directly by all departments with multiples agencies, including Wells Fargo. Temporary staffing is used to meet short term needs that arise from resignations and other vacancies or from project requirements that do not merit hiring full time employees. Requirements vary from technical/office to field laborer. No single vendor has the ability to meet all departments' requirements. We expect FY 2015 spending with Wells Fargo to be as much as $100,000. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A) , "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the smooth continuation of City operations. FUNDING SOURCE Funding for temporary staffmg is fully provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of temporary staffing services from Wells Fargo not to exceed $100,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the Code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH OFFICE TEAM BACKGROUND Acquisitions of temporary staffmg services are made directly by all departments with multiples agencies, including Office Team. Temporary staffing is used to meet short term needs that arise from resignations and other vacancies or from project requirements that do not merit hiring full time employees. Requirements vary from technical/office to field laborer. No single vendor has the ability to meet all departments' requirements. We expect FY 2015 spending with Office Team to be as much as $100,000. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REOUEST This request is timed to provide for the smooth continuation of City operations. FUNDING SOURCE Funding for temporary staffing is fully provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of temporary staffing services from Office Team not to exceed $100,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner,Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 20, 2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH UNITED STATES POSTAL SERVICE BACKGROUND Acquisitions of postage for all mailings managed through the front desk function of the City Clerk's office are made over the course of the year with the United States Postal Service. Single acquisitions over $25,000 receive Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions are approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". FY 2013 activity totaled $70,216; the FY 2014 activity was $60,091. Although the cost of most purchases is less than $10,000, this total spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of all City activities. FUNDING SOURCE Funding for postage is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of postage from United States Postal Service in an amount not to exceed $75,000 in compliance with Chapter 36, Section 36.03(B), Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year, provided that each transaction meets all other applicable provisions of the code. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Francine Ramaglia, Assistant City Manager Guy Buzzelli, CGCIO, CIO Don Marese, IT Project Manager THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF ANNUAL SPENDING GREATER THAN$25,000 WITH CDW- GOVERNMENT FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES BACKGROUND Acquisitions of technology equipment and services are managed on behalf of all departments by the City's IT Division, and by the Police and Fire departments' IT functions. Acquisitions will include hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher end PC's for engineering functions and video surveillance cameras and network cabling. Based on experience, it is highly likely that total purchases with CDW — Government will exceed$25,000. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $ 25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted progress of ongoing projects, installations, and maintenance. FUNDING SOURCE Funding for IT Equipment and services is provided for in the approved FY 2015 budget and will be charged to multiple account codes associated with the IT Division, Police Department IT and Fire Department IT. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of information technology equipment and services from CDW — Government not to exceed $200,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Francine Ramaglia, Assistant City Manager Guy Buzzelli, CGCIO, CIO Don Marese, IT Project Manager THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH GOVCONNECTION FOR INFORMATION TECHNOLOGY EQUIPMENT SERVICES BACKGROUND Acquisitions of technology equipment and services are managed in behalf of all departments by the City's IT Division, and by the Police and Fire departments' IT functions. Acquisitions will include hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher end PC's for engineering functions and video surveillance cameras and network cabling. We expect FY 2015 spending with GovConnection to be as much as $100,000. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method"and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted progress of ongoing projects, installations, and maintenance. FUNDING SOURCE Funding for IT Equipment and services is provided for in the approved FY 2015 budget and will be charged to multiple account codes associated with the IT Division, Police Department IT and Fire Department IT. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of information technology equipment and services from GovConnection not to exceed $100,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Francine Ramaglia, Assistant City Manager Guy Buzzelli, CGCIO, CIO Don Marese, Project Manager THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF ANNUAL SPENDING GREATER THAN$25,000 WITH PCMG FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES BACKGROUND Acquisitions of technology equipment and services are managed on behalf of all departments by the City's IT Division, and by the Police and Fire departments' IT functions. Acquisitions will include hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, high end PC's for engineering functions and video surveillance cameras and network cabling. FY 2015 spending could be as much as $200,000. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $ 25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted progress of ongoing projects, installations, and maintenance. FUNDING SOURCE Funding for IT Equipment and services is provided for in the approved FY 2015 budget and will be charged to multiple account codes associated with the IT Division, Police Department IT and Fire Department IT. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of information technology equipment and services from PCMG not to exceed $200,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at$25,000 or above. r MEMORANDUM r TO: Mayor and City Commissioners FROM: Jack Warner,Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 20, 2014 SUBJECT: AGENDA ITEM 8.K-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH PALM BEACH NEWSPAPERS,INC. BACKGROUND Acquisitions of advertising for bidding activities and to meet legal notice requirements regarding ordinances are made directly by several departments over the course of the year with the Palm Beach Post. Single acquisitions over $25,000 receive Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions are approved at the City Manager and departmental levels under code Sections 36.02(B), "Written Quotations Method" and 36.02(C), 'Direct Acquisitions Method". FY 2013 activity totaled $43,328; the FY 2014 activity was $46,192. Although the cost of most purchases is less than $1,500, this total spending requires prior Commission approval under Code of Ordinances, Section 36.03(B) "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of all City activities. FUNDING SOURCE Funding for advertising is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves that FY 2015 acquisitions of advertising from Palm Beach Newspapers, Inc. in an amount not to exceed$60,000 are in compliance with code section 36.03 (B), "Multiple Acquisitions from Vendor exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Police Chief THROUGH: Terry Stewart, Interim City Manager DATE: October 17, 2014 SUBJECT: AGENDA ITEM 8.L.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES BACKGROUND This is a renewal of the Memorandum of Understanding between the Department of Highway Safety & Motor Vehicles and the City of Delray Beach Police Department. This Memorandum of Understanding is required for the Delray Beach Police Department to continue to have access to the Driver and Vehicle Information Database (D.A.V.LD), a driver license database. This database allows law enforcement officers to obtain any and all driver license information including driver license photos. It is used as an investigative tool as well as to determine identity. This database also links officers to emergency contact information in the event someone has been incapacitated in some way and relatives need to be notified. The database is used daily by the Police Department and the Memorandum of Understanding is required yearly to keep the access to the database intact. OPERATING COST There is no cost to the City of Delray Beach. RECOMMENDATION The Delray Beach Police Department recommends approval of the Department of Highway Safety & Motor Vehicles D.A.V.LD. Database Memorandum of Understanding. AUM FLOR MEMORANDUM OF UNDERSTANDING •••�•••••••••••- WAW DRIVERS LICENSE AND/OR MOTOR VEHICLE RECORD DATA EXCHANGE �auw o +� Contract Number This Memorandum of Understanding(MOU) is made and entered into by and between City of Delray Beach hereinafter referred to as the Requesting Party and the Department of Highway Safety and Motor Vehicles hereinafter referred to as the Providing Agency. I. Purnosa of the Data Fxr_han" The purpose of this MOU is to establish conditions under which the Providing Agency agrees to provide electronic access to driver license and motor vehicle data to the Requesting Party as follows: Type of Data Requested Statutory Fees subject to change by the Legislature) ❑ DL/DMV transaction data B No Charge ❑ Driver license status ❑ $0.50/record,per s. 320.05 ❑ Motor vehicle status ❑ $0.50/record,per s. 320.05, F.S. ❑ Driver license transcript(3-year) ❑ $8.00/record, per s. 322.20, F.S. ❑ Driver license transcript(7-year or complete) ❑ $10.00/record,per s. 322.20, F.S. ❑ Cost recovery fee for TML, Inc.* ❑ $0.02/record(rounded to nearest$0.01 daily prior to electronic funds transfer. TML will determine fee on an annual basis 8 Motor vehicle list ❑ $0.01/record,per s. 32 0.05, F.S. • Driver license list ❑ $0.01/record, per s. 322.20, F.S. • Driver record search ❑ $0.01/record or$2.001record if no record is found, per s. 322.20, F.S. ❑ Motor vehicle record ❑ $0.50/record,per s. 320.05, F.S. ❑ Residency verification ❑ $0.01/record,per s. 322.20, F.S. Iiiii! DAVID NIA ❑ DAVE(government agencies only) NIA — El with Photos/Signatures El Motor Vehicle Insurance Data NIA Exchange/Verification * TML Information Services, Inc. owns and operates the computer hardware and software that allows remote interactive access to the databases of the Providing Agency for the Requesting Party. For each single transaction received by the system,one type driver license history will be returned. ❑ The Requesting Party is not requesting personal information and/or is not qualified to obtain personal information pursuant to the Driver's Privacy Protection Act. 0 The Requesting Party is requesting personal information and declares that it is qualified to obtain personal information under the following exception numbers, as listed in Attachment 1, authorized by the Driver Privacy Protection Act: Z . Personal information will be used as follows: For Law enforcement purposes. Motor vehicle and driver license data through DAVID and Batch/FTP. lig The Requesting Party is authorized to receive a x 9-digit social security number x a 4-digit social security number, pursuant to Chapter 119, F.S., or other applicable laws. ❑ The Requesting Party is authorized to receive insurance data on a per record basis for the purposes, pursuant to section 713.78(4)(b),F.S., or other applicable laws.The Requesting Party may only re-release this information to parties authorized to receive it under section 713.78(4)(b),F.S. Received by(Initial/Date) Data Exchange MOU (Rev. 09-08-2014) Page 1 of 7 II. IlDefloitinns A. "Driver's Privacy Protection Act" (DPPA)—18 United States Code section 2721 et seq. B. "Providing Agency"— The Department of Highway Safety and Motor Vehicles. The agency responsible for granting access to driver license and/or motor vehicle data to the Requesting Party. C. "Requesting Party' — Any entity type that is expressly authorized by section 119.0712(2), Florida Statutes and DPPA to receive personal information and highly restricted personal information that requests information contained in a driver license, motor vehicle, or traffic crash record. D. "Parties"—The Providing Agency and the Requesting Party. E. "Third Part}/' — Any individual, association, organization, or corporate entity who receives driver license and/or motor vehicle data maintained and released by the Providing Agency or Requesting Party. F. "Government Entity" — Any federal, state, county, county officer, or city government, including any court or law enforcement agency. G. "Network Provider"—A Requesting Party whose access is provided by remote electronic means through the System to request specific types of data at a minimum of 5,000 transactions per month. A six (6) month startup period will be allowed for new Network Providers, during which time, less than 5,000 transactions per month will be accepted. H. "Personal Information" — Information found in the motor vehicle or driver record which includes, but is not limited to, the subject's driver identification number, name, address, telephone number, and medical or disability information. Personal information does not include information related to vehicular crashes driving violations,and driver's status. I. "Vendor Number" — A unique number assigned to the Requesting Party by the Providing Agency that identifies the type of record authorized for release and it's associated fees. Misuse of a vendor number to obtain information is strictly prohibited and shall be grounds for termination in accordance with Section IX. J. "Driver license information" — driver license and identification card data collected and maintained by the Providing Agency. K. "Motor vehicle information"—title and registration data collected and maintained by the Providing Agency for vehicles, and mobile homes. Ill. The Providing Agency maintains computer databases containing information pertaining to driver licenses and motor vehicles pursuant to Chapters 319, 320, and 322, Florida Statutes; and The driver license and motor vehicle data contained in the Providing Agency databases is defined as public record pursuant to Chapter 119, Florida Statutes;and The Providing Agency as custodian of the foregoing records may provide access by remote electronic means and charge a fee for the direct and indirect costs of providing such access, pursuant to sections 119.0712(2), 320.05, 321.23, and 322.20, Florida Statutes, and other applicable rules and policies;and The Requesting Party might obtain via remote electronic means blocked personal information exempt from public disclosure as provided pursuant to section 119.0712(2), Florida Statutes, the Requesting Party shall maintain the confidential and exempt status of such data. Anyone accessing records obtained per this agreement must ensure that the end users of the records are complying with section 119.0712(2),Florida Statutes and DPPA. The Parties, in consideration of the promised and mutual covenants hereinafter contained, do hereby enter into this MOU. Data Exchange MOU(Rev. 09-08-2014) Page 2 of 7 iV. A. The Providing Agency agrees to: I. Provide the Requesting Party with the technical specifications required to access driver license and/or motor vehicle information in accordance with the access method being requested. 2. Allow the Requesting Party/Network Provider to electronically access driver license and/or motor vehicle data. 3. Accept the Requesting Party/Network Provider's electronic requests and respond with appropriate data. At a minimum, 90% of the responses to electronic requests from Network Providers will occur within 15 seconds of receiving the transaction. 4. Collect all fees, pursuant to applicable Florida Statutes, rules and policies for providing the electronically requested data. The fee shall include all direct and indirect costs of providing remote electronic access, according to section 119.07(2)(c), Florida Statutes. 5. Collect all fees due for electronic requests through the Automated Clearing House account of the banking institution which has been designated by the treasurer of the State of Florida for such purposes. 6. Discontinue access of the Requesting Party for non-payment of required fees. The Providing Agency shall not be responsible for the failure, refusal, or inability of the Requesting Party/Network Provider to make the required payments, or interest on late payments for periods of delay attributable to the action or inaction of Network Providers. 7. Not indemnify or be liable to the Requesting Party/Network Provider for any driver license or motor vehicle information, programs, job streams, or similar items delayed, lost, damaged, or destroyed as a result of the electronic exchange of data pursuant to this MOU, except as provided in section 768.28, Florida Statutes. 8. Notify the Requesting Party/Network Provider thirty (30) days prior to changing any fee schedules when it is reasonable and necessary to do so, as determined by the Providing Agency. All fees are established by Florida law. Any changes in fees shall be effective on the effective date of the corresponding law change. The Requesting Party/Network Provider may continue with this MOU as modified or it may terminate the MOU in accordance with Section iX., subject to the payment of all fees incurred prior to termination. 9. Perform all obligations to provide access under this MOU contingent upon an annual appropriation by the Legislature. 10. Provide electronic access for Network Providers to driver license and/or motor vehicle information 24 hours a day, 7 days per week other than scheduled maintenance or other uncontrollable disruptions. Scheduled maintenance normally occurs Sunday mornings between the hours of 6:OOAM and10:0OAM. 11. Provide an agency contact person for assistance with the implementation of this MOU. B. The Requesting Party agrees to: 1. For the Requesting Party, driver license and/or motor vehicle, information may only be used for the express purposes described herein. Information obtained from the Providing Agency by the Requesting Party shall not be retained by the Requesting Party, unless obtained for a law enforcement purpose or resold to any Third Party. 2. Be responsible for interfacing with any and all Third Party end users. The Providing Agency will not interact directly with any Third Party end users. Requesting Party shall not give Third Party end users the name, E-mail address, and/or telephone number of any Providing Agency employee without the express written consent of the Providing Agency.[This does not apply to Government Entities.] Data Exchange MOU (Rev. 09-08-2014) Page 3 of 7 3. Maintain a help desk for its Third Panty end users. Personnel assigned to this help desk shall be fully trained on all aspects of the electronic access and shall be prepared to answer all Third Party end user questions. In cases where the Requesting Party/Network Provider help desk personnel are unable to answer a question from a Third Party end user and that question must be answered by Providing Agency personnel; the Requesting Party shall obtain the answer from the Providing Agency and then relay the answer to the Third Party end user.[This does not apply to Govemment Entities.] 4. I=nsure that its employees and agents comply with Section V. Safeguarding Information procedures of this MOU. 5. Not assign, sub-contract, or otherwise transfer its rights, duties, or obligations under this MOU without the express written consent and approval of the Providing Agency. 6. Use the information received from the Providing Agency only for the purposes authorized by this agreement. 7. Protect and maintain the confidentiality and security of driver license and/or motor vehicle information received from the Providing Agency in accordance with this MOU and applicable state and federal law. B. To the extent allowed by law, the Requesting Party shall defend, hold harmless and indemnify the Providing Agency and its employees or agents from any and all claims, actions, damages, or losses which may be brought or alleged against its employees or agents for the Requesting Party's negligent, improper, or unauthorized use or dissemination of information provided by the Providing Agency, 9. Update user access permissions upon termination or reassignment of users within 5 working days and immediately update user access permissions upon discovery of negligent, improper, or unauthorized use or dissemination of information. Conduct quarterly quality control reviews to ensure all current users are appropriately authorized. 10. For all records containing personal information released to a Third Party, maintain for a period of 5 years, records identifying each person or entity that receives the personal information and the permitted purpose for which it will be used. The Requesting Party shall make these records available for inspection upon request by the Providing Agency.[This does not apply to Govemment Entities.] 11. Pay all costs associated with electronic access of the Providing Agency's driver license and/or motor vehicle information; such costs shall include all one time, recurring, and usage charges for all hardware, software, and services required to connect to and use the electronic access. Payment must be in advance of receiving any information or using electronic means as follows: • Complete and sign the appropriate document(s) to allow the Providing Agency's designated banking institution to debit the Requesting Party's designated account. • Maintain an account with a banking institution as required by the Providing Agency. • Pay all fees due the Providing Agency by way of the Automated Clearing House account of the Providing Agency's designated banking institution. Collection of transaction fees from eligible and authorized Third Party end users is the responsibility of the Requesting Party. 12, Minimum Transaction Level—In order to qualify for direct connection to a port, the Network Provider m ust agree to submit a minimum of 5,000 transactions per month for driver transcripts or 2,500 transactions for public records access program for motor vehicle/driver license status checks. A six-month startup period will be allowed,during which time less that the minimum will be acceptable. In the event the Network Provider does not maintain the minimum transaction per month beginning with the first day of the seventh month and every month thereafter,the Network Provider's direct connection to a port will be terminated. Data Exchange MOU (Rev. 09-08-2014) Page 4 of 7 V. Safegliardo-nei Information The Parties shall access, use and maintain the confidentiality of all information received under this agreement in accordance with Chapter 119, Florida Statutes, and DPPA. Information obtained under this agreement shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law. Any person who willfully and knowingly violates any of the provisions of this section is guilty of a misdemeanor of the first degree punishable as provided in sections 119.10 and 775.083, Florida Statutes. in addition, any person who knowingly discloses any information in violation of DPPA may be subject to criminal sanctions and civil liability. The Parties mutually agree to the following; A. Information exchanged will not be used for any purposes not specifically authorized by this agreement. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, and the dissemination,sharing, copying or passing of this information to unauthorized persons. B. Information exchanged by electronic means will be stored in a place physically secure from access by unauthorized persons. C. Access to the information exchanged will be protected in such a way that unauthorized persons cannot review or retrieve the information. D. All personnel with access to the information exchanged under the terms of this agreement will be instructed of, and acknowledge their understanding of, the confidential nature of the information. These acknowledgements must be maintained in a current status by the Requesting Party, E. All personnel with access to the information will be instructed of, and acknowledge their understanding of, the criminal sanctions specified in state law for unauthorized use of the data. These acknowledgements must be maintained in a current status by the Requesting Party. F. All access to the information must be monitored on an on-going basis by the Requesting Party. In addition, the Requesting Party must complete an annual audit to ensure proper and authorized use and dissemination. G. By signing the MOU, the representatives of the Providing Agency and Requesting Party, on behalf of the respective Parties attest that their respective agency procedures will ensure the confidentiality of the information exchanged will be maintained. VI. Comploance aild Control Measures A. Internal Control Attestation - This MOU is contingent upon the Requesting Party having appropriate internal controls over personal data sold or used by the Requesting Party to protect the personal data from unauthorized access, distribution, use, modification, or disclosure. Upon request from the Providing Agency, the Requesting Party must submit an attestation from a currently licensed Certified Public Accountant performed in accordance with American Institute of Certified Public Accountants (AICPA) "Statements on Standards for Attestation e=ngagement." in lieu of submitting the attestation from a currently licensed Certified Public Accountant, Requesting Party may submit an alternate certification with pre-approval from the Department. In the event the Requesting Party is a governmental entity, the attestation may be provided by the entity's internal auditor or inspector general. The attestation must indicate that the internal controls over personal data have been evaluated and are adequate to protect the personal data from unauthorized access, distribution, use, modification, or disclosure. The attestation must be received by the Providing Agency within 180 days of the written request. The Providing Agency may extend the time to submit the attestation upon written request and for good cause shown by the Requesting Agency. Data Exchange MOU (Rev. 09-08-2014) Page 5 of 7 B. Misuse of Personal Information— The Requesting Party must immediately notify the Providing Agency and the affected individual following the determination that personal information has been compromised by any unauthorized access, distribution, use, modification, or disclosure. The statement to the Providing Agency must provide the date and the number of records affected by any unauthorized access, distribution, use, modification, or disclosure of personal information. Further, the requesting party agrees to comply with the provisions of section 501.171, Florida Statutes. The Parties agree that any subsequent changes to this law will be binding upon both parties. C. The Providing Agency shall receive an annual affirmation from the Requesting Party indicating compliance with the requirements of this agreement no later than 45 days after the anniversary date of this agreement. VII. Period of Performance This MOU shall be effective upon the last signature of the Parties to this agreement and will remain in effect for three years from the date of execution, as provided on the next page. Once executed, this MOU supersedes all previous agreements for these conditions of services defined in Section 1. Vlll. Amendments A. This MOU incorporates all prior negotiations, interpretations, and understandings between the Parties, and is the full expression of their agreement. B. This MOU may be subsequently amended by written agreement between the Parties. Any change, alteration, deletion, or addition to the terms set forth in this MOU and its numbered addendums must be by written agreement executed by both Parties. C. All provisions not in conflict with the amendment(s) shall remain in effect and are to be performed as specified in this MOU. IX. Term A. This agreement may be terminated for cause by either party upon finding that the terms and conditions contained herein are not being followed. No written notice or notifying period will be required. B. This agreement is subject to unilateral cancellation by the Providing Agency without notice for failure of the Requesting Party to comply with any of the requirements of the MOU and applicable Florida Statutes, including section 119.0712(2), Florida Statutes, C. The Contract may be terminated upon thirty (30) days' notice in writing to the Contract Manager without penalty to either party. All obligations of either party under the contract will remain in force during the thirty (30)day notice period. Data Exchange MOU(Rev. 09-08-2014) Page 6 of 7 IN WITNESS HERETO,the PARTIES have executed this Agreement by their duly authorized officials. Requesting Party: Providing Agency: Delray Beach Police Department Florida Department of Highway Safety and Motor Vehicles Company/Agency Name 2900 Apalachee Parkway 300 West Atlantic Avenue Tallahassee,Florida 32399 Street Address Suite Delray Beach, FL 33444-3695 City,state Zip Code By: By: Jeffrey S. Goldman John McCarthy Printed/Typed Name PrinteWyped Name Chief of Police Chief of Purchasina&Contracts Title Title se ae policechief @mydeiraybeach.com E-Mail Address CITY OF DELRAY BEACH 561-243-7851 By Phone Number Cary Glickstein, Mayor Fax Number ATTEST: Chevelle Nubin, City Clerk Technical Contact for FTP,Program Access Approved as to form and Printed/Typed Name legal sufficiency E-Mall Address Noel Pfeffer, City Attorney Phone Number Point of contact for Web Application Access Mario Dahl Printed/typed Name dahl @mydelraybeach.com E-Mail Address 561-243-7865 Phone Number Data Exchange MOU(Rev. 09-08-2014) Page 7 of 7 DRIVER PRIVACY PROTECTION ACT EXEMPTIONS Pursuant to section 119.0712(2), F. S., personal information in motor vehicle and driver license records can be released for the following purposes, as outlined in 18 United States Code, section 2721. 1. Personal information referred to in subsection (a)shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act(15 U.S.C. 1231 et seq.),the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of title 49, and, subject to subsection. 2. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions. 3. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers. 4. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only- (a) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (b) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against,the individual, 5. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. 6. For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals. 7. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting. 8. For use in providing notice to the owners of towed or impounded vehicles. 9. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection. 10. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49. 11. For use in connection with the operation of private toll transportation facilities. 12. For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains. 13. For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains. 14. For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. 15. For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety. HSMV 90511—Revised 09113 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne F. Davis, CPRP THROUGH: Terry Stewart, Interim City Manager DATE: October 13, 2014 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY(CRA)/TENNIS CENTER SPONSORSHIP BACKGROUND The CRA has agreed, through their FY 14-15 budget, to contribute $550,000 to the City in order to assist in the sponsorship of City tennis tournament and to be co-title sponsor for the Delray Beach Open by The Venetian Las Vegas tournament. This will be the seventh year that the CRA has been a co- sponsor. The funds shall be given to the City within 30 days of the execution of this agreement by both parties. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. This funding is included in the approved FY 2015 budget. DISCUSSION The item before the City Commission is approval of an interlocal agreement between the City and the CRA for the sponsorship of City tennis tournament, Delray Beach Open by the Venetian Las Vegas for FY 14-15. FUNDING SOURCE Funding is available from the Community Redevelopment Agency(CRA) FY 14-15 budget. RECOMMENDATION By Motion, approve the Interlocal Agreement with the CRA for Sponsorship of the Delray Beach Open by the Venetian Las Vegas for FY 14-15. ygEVEtpp September 11, 2014 ay aE 2D N. Swinton Avenue Delray Beach, FL 33444 CRA BOARD SUMMARY -- INTERLOCAL AGREEMENT FY2014-2015 TENNIS TOURNAMENT SPONSORSHIP Attached please find the lnterlocal Agreement between the City of Delray Beach and the CRA for the CRA to be a co-title sponsor along with the City of the 2015 ITC (International Tennis Championship) tournament and the Champion Tournament at the Municipal Tennis Center for the amount of $550,000. The funding amount is the same amount funded in FY 2013-2014. If approved this will be the seventh year that the CRA has been a co-sponsor. The sponsorship of tournaments at the Municipal Tennis Center helps further the CRA mission by helping the Tennis Center remain a competitive venue for major events. These events draw thousands of visitors to downtown Delray including the West Atlantic Avenue area, and result in tangible economic benefits for downtown merchants. Recommended Action- Approve the attached lnterlocal Agreement between the CRA and the City of Delray Beach for the CRA to be a co-title sponsor along with the CITY of the 2015 ITC (International Tennis Championship) tournament and the Champion Delray Beach Open, in the amount of $550,000. Submitted By: Lori Hayward Finance and Operations Director Attachment(s): Tennis Funding Agreement FY 2014-2015 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY LEACH ANA THE DELRAY REACH COMMUNITY REDEVELOPMENT AGENCY FOR SPONSORSI ITP OF CITY TENNIS TOURNAMENTS 'n-US 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 BEACII COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY hosts tennis tournaments, including the Delray Beach Open by the Venetian Las Vegas, at its Tennis Stadium; and WHEREAS, the CRA desires to be a co-title sponsor with the CITY for this tournament; and WHEREAS, the tennis tournaments will be held at the City's Tennis Stadium from February 13, 2015 to February 22, 2015, which is located within the City's Community Redevelopment Area; and WHEREAS, the tennis tournaments attract numerous spectators to the Community Redevelopment Area who also patronize local businesses, which provides a beneficial economic impact to those businesses located within the Community Redevelopment Area; and WHEREAS, due to the beneficial economic impact of the tennis tournaments,the CRA and the CITY find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Delray Beach,including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the parties hereby agree as follows: (00034951.1655-0600150) I. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amount of Five Hundred and Fifty Thousand and 00/100 Dollars ($550,000.00) to be a cc-title sponsor for the Delray Beach Open by the Venetian Las Vegas tournament, to be held from February 13, 2015 to February 22, 2015 to help defray the costs of the 2015 International Tennis Championship Tournament, and the Champions Tournament. The CRA will share in the attendant benefits of that sponsorship, as provided in Exhibit "A", which is attached hereto, and incorporated herein by reference. Such payment shall be made to the CITY within 30 days of the receipt of the invoice from the City of Delray Beach. 3. The term of this Agreement shall continence upon execution by both parties and shall terminate on September 30, 2015. 4. 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 or other advertising materials used to publicize CRA funded activities must be approved by the CRA prior to being utilized. Upon request by the CRA.,the CITY shall provide proof of the use of the CRA logo as required by this paragraph. 5. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.0 1(11) of the Florida Statutes. 6. 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. (00039851.1 655-0600180 1 2 7. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no farce and effect upon the validity of any other part of portion hereof. 8. 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. 9. Neither the C[TY nor the CRA shall assign or transfer any rights or interest in this Agreement. 10. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney A ST: CO TY REDF, PMENT AGENCY By: Dian o o a, Secretary Herman Stevens, Chair STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2014, by , as (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 identification)as identification. Notary Public—State of Florida 18=45i.i 655-M180) 3 EXHIBIT "A" DIAMOND "C1.7 3'"PARTNERSHIP IDENTIFICATION Stadium court signage (name/logo) 2 signs on stadium court N 1 sign on the upper level 2nd show court signage(rname/logo) 2 signs on court P show court signage (name/logo) 2 signs on court Recognition as a Diamond "City" Sponsor on sponsor's board at tournament entrance* M Recognition as a Diamond "City" Sponsor on sponsor's board prominently displayed* Recognition as a Diamond "City" Sponsor in the Official Tournament Program Recognition as a box holder on box holder's board prominently displayed on-site* Recognition as a box holder in the Official Tournament Program Corporate identification at box seat entrance on stadium court *Sponsors and Box Flolders Boards are prominently displayed year-round at the Delray Beach Tennis Center & Stadium_ ADVERTISING 1 full-page advertisement in the Official Tournament Program — Name/logo included in print and promotional materials produced by Match Point, Inc. where applicable (posters, ticket brochures, etc.) Inclusion in the Official Delray Beach Oren by the Venetian I as Vegas Partner Guide, distributed to all Delray Beach ()pen by the Venetian Las Vegas sponsors, business associates, box holders and series ticket holders Right to incorporate sponsor's tournament affiliation in promotional activities PROMOTIONS A 10' x 10' exhibition booth to showcase sponsor's products and services, including 2 exhibitor credentials per session 1 parking pass per session I public address announcement per match on stadium court Assistance in designing promotions and creating tournament related marketing programs — Sponsor may supply product to spectators, players, press, and tournament VIP's, upon Match Point, Inc.'s approval TICKETS, CREDENTIALS&PASSES 2 boxes(4 seats each)per session {00004851.1 655-06001 RO 1 4 4 VII'credentials 2 VIP parking passes per session 8 reserved seats(sections A- 0)on stadium court per session 4 premier parking passes per session WEBSITE& "E"NEWSLETTER M Recognition on Official Tournament Website (approx 500,000 visits during tournament) Link to company's website from Official Tournament Website, www.YellowTennisBall.com M "Featured Introduction" to fellow sponsors, VIPs, Box Holders, and chamber members via "Official Newsletter" to approximately 6,500 recipients seven (7) times annually HOSPITALITY&ENTERTAINMENT Invitations for 8 people to join us for the Charity Players Party w Hospitality areas with catering are available for your entertainment needs OFFICIAL TOURNAMENTMERCHANDISE 8 Official Tournament Polo Shirts 8 Official Tournament T-shirts 16 Official Tournament Programs The Diamond "City" Partnership is valued at$175,000.00. (00074851.1 6554)6001 SO 5 EVE+rOp,� . � grerrpc�+ If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting,that person will need a record of the proceedings,and that,for such purpose,the person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. REGULAR MEETING MINUTES Thursday, September 11, 2014, 5:30 p.m. City Commission Chamber Delray Beach, FL 33444 STAFF PRESENT: Diane Colonna Elizabeth Burrows Earl Prizlee Jeff Costello Kristyn Cox Amy Alvarez Joan Goodrich Susan Shaw David Tolces Lori Hayward Liz Goldberg Dana Little OTHERS PRESENT: Joe Colome Jackie Fernandez Mike Campbell Richard Matos Christina Morrison Chief Jeff Goldman Mandy Robin Gavin Robin Sgt. Privatera Ron Gilinsky Noah Dupont Betty Dupont 1. Call to Order Chairman Stevens called the meeting to order at 5:30. 2. Roll Call Present: Herman Stevens, Annette Gray, Bill Branning, Paul Zacks, Cathy Balestriere, Joseph Bernadel Absent: Reggie Cox 3. Approval of Agenda Ms. Balestriere requested that Item F, Engagement Letter for Auditing Services, be pulled from the Agenda. She made a motion that the Agenda be approved as amended. Ms. Gray seconded the motion which passed unanimously. 4. Approval of the Minutes of the August 28th Regular Board Meeting Mr. Zacks made a motion to approve the minutes. The motion was seconded by Ms. Gray and passed unanimously. 5. Public Comments on Non-Agenda and Consent Agenda Items Mr. Mike Campbell, Executive Director of Habitat for Humanity at 181 SE 5th Avenue, announced that they have broken ground at 205 SW 12th Avenue, with 209 SW 12" also under construction. He also stated that the Seagate Hotel is underwriting the construction of the home at 205 SW 12th Avenue with an $87,000 sponsorship check. Ms. Christina Morrison, 2809 Florida Blvd., commented that there is $750,000 in the proposed budget for work related to a new parking garage, and she suggested part of that money could be better spent to fully fund the Clean and Safe program. She feels the existing garages are 1 171\n September 11, 2014 under-utilized, and they are dirty and need to be better maintained. Additionally, part of the $750,000 could be used for extra lighting in the West Atlantic area. She also made the suggestion regarding the line item for the Trolley of $300,000 that the CRA might consider making it a private enterprise and putting it out to bid so there would be no cost to the CRA. 6. P&Z A. West Settlers Office Building —Class V Site Plan Amy Alvarez, Senior Planner Historic Preservation, presented the petition for the construction of a mixed use building at 82 NW 5th Avenue. The building will house the Delray Beach Housing Authority on the ground floor and three 2-bedrooml2-bath units on the second floor. Staff supports the request, and the consensus of the board was to support the petition as well. B. 202 North Swinton Avenue— Class V Site Plan Ms. Alvarez presented the Class V Site Plan. The development proposal involves the conversion of a single family residence into an office and the construction of two new parking areas, with three waivers needed. Board consensus was to support the request. 7. Consent Agenda A. CRA Monthly Financials —July, 2014 B. DBMC Minutes —August, 2014 C. CRA Monthly Progress Report—August, 2014 D. A-GUIDE FY2014-15 Funding Agreements 1. Delray Beach Public Library 2. Delray Beach Center for the Arts 3. Creative City Collaborative 4. EPOCH 5. Delray Beach Community Land Trust E. ILA Agreement for FY 2014115— City of Delray Beach Tennis Tournament Sponsorship F. Engagement Letter for Auditing Services with Caler, Donten, Levine, Cohen, Porter &Veil PA G. Construction Agreement Randolph & Dewdney Construction Inc. for the Rev. J. H. W. Thomas Jr. Park (SW 9"'Avenue)] H. Modification to Amendment No. 1 — FY 13-14 Interlocal Agreement—CRA-City for Construction/Professional Services Mr. Branning has a conflict of interest with Item 7.D, A-GUIDE Funding for Delray Beach Center for the Arts (DBCA), and asked that it be moved to the regular Agenda. Both he and Ms. Balestriere are board members of the DBCA. Ms. Balestriere requested Item 7E, Agreement to Sponsor the Delray Beach Tennis Tournament, be pulled for discussion. Mr. Zacks made a motion to approve the Consent Agenda as amended. 7.D2 A-GUIDE FY 2014-15 Funding Agreement-- Delray Beach Center for the Arts A motion was made by Ms. Gray to approve the FY 2014-15 Funding Agreement for the Delray Beach Center for the Arts. The motion was seconded by Mr. Zacks and passed with Mr. Branning and Ms. Balestriere abstaining. 7.E ILA Agreement for FY 2014115— Delray Beach Tennis Tournament Sponsorship CRA Executive Director Diane Colonna noted for the board certain minor changes made to the ILA, referencing the attached Exhibit. Ms. Balestriere commented that the Tournament is vital 2 September 11, 2014 to the economic health of the City. Ms. Gray made a motion to approve item 7E which was seconded by Mr. Zacks. The motion passed unanimously. 8. Old Business— A. Clean and Safe Program Additional Information Lori Hayward, CRA Finance & Operations Director, introduced the item. Mr. Branning had a question regarding a discrepancy in numbers on the crime statistics. Chief of Police Jeff Goldman clarified that the discrepancy was due to only Part 1 crimes (non-violent acts) being highlighted so the total number of crimes is larger. Ms. Gray thinks Delray is a safe city, and she supports the additional funding but incrementally over time. Mr. Zacks stated that he has worked with many police departments, and thinks Delray Beach is one of the best. He feels that Chief Goldman is forward thinking, cares about the safety in Delray Beach, and is proactive in having his officers building relationships with the community. Mr. Branning said he would like the police to come back and describe how the CRA's funding is being implemented and how the officers are being deployed. Mr. Stevens stated he appreciates the data provided. He does not think the west side gets the same treatment as east of Swinton does, and would like to make sure the entire area is covered and treated equally. The Board Chair asked if there were any public comments. Christina Morrison commented that the Police Chief is very educated, has been on the force for 25 years, and the board should trust his judgment regarding the need for more officers. Ms. Balestriere inquired whether or not the direction for this year's budget can be changed. CRA Attorney David Tolces responded that staff would need board direction on changes tonight because the budget has to be adopted at the next meeting. Mr. Stevens stated that the board had set other priorities in the Goal Setting session and needs to implement those objectives. Mr. Zacks. thinks West Atlantic safety is more important than a new parking garage. Ms. Gray stated that this not a racial issue, but rather is about managing coverage of the CRA district, and that parking is also important. Mr. Branning favors going forward with a 19% increase, and does not think the crime rate is rising. Ms. Balestriere was not clear if the need is because of the number of incidents or just the increased difficulty in responding to complicated problems. Chief Goldman stated that the police staffing is at 1996 levels, and more officers are needed to cover the increase in activity. Ms. Balestriere noted that the Clean and Safe officers deal with different issues than regular patrols. Ms. Gray noted that some cities bring in private security details for special events. Ms. Balestriere wanted to know what the cost of one more officer would be. Chief Goldman said it would be between $90,000 and $100,000 including benefits. There was a split consensus regarding an increase in funding (above the $1.7 million amount) for another officer. Ms. Balestriere, Mr. Bernadel and Mr. Zacks would support an extra officer. Mr. Branning, Mr. Stevens and Ms. Gray were satisfied with the 19% increase and did not support additional funding for another officer. There was some discussion regarding whether or not to bring alternative options to the next meeting. 9. New Business A. Paint-Up & Signage Grant—G-Squared Ventures-- 98 SE 6th Avenue CRA Economic Development Manager Elizabeth Burrows presented the grant request for G- Squared Ventures. She stated that the company is in the process of renovating the interior of 3 September 11, 2014 the building and has exterior improvements planned as well. Exterior improvements include painting the building which will result in a significant change in the building's character. The colors have been approved by the City. The Board Chair asked if there were any public comments. There were none. Mr. Branning made a motion to approve a Paint-Up & Signage Grant for G Squared Ventures for the exterior painting and Signage project located at 98 SE 6th Avenue, for an amount not to exceed $5,000.00. Mr. Bernadel seconded the motion which passed unanimously. B. Purchase & Sale Agreement— 338 NW 5th Avenue (Davis) CRA Special Projects Administrator Kristyn Cox presented the Agreement for the CRA to purchase 338 NW 5th Avenue. The property is located within the 300 block of NW 5th Avenue beautification project area which has been identified in the CRA's Proposed FY 14-15 Work Plan. The Board Chair asked if there were any public comments. There were none. Mr. Zacks made a motion to approve the Agreement for Purchase and Sale between the CRA and Ms. Essie Mae Davis for the property located at 338 NW 5th Avenue with a purchase price of $84,000. Mr. Branning seconded the motion which passed unanimously. Mr. Branning asked what the plans for the property were. Mr. Costello stated that the home will be demolished, and the CRA will continue to acquire land in the area to ultimately be put out for bid for affordable housing. 10. Other Business A. Comments by Commissioners Mr. Stevens stated he would like to get to a point where differences between east and west no longer exist. He noted that the police survey for Clean and Safe was not distributed to businesses on the west side. He wants to be inclusive with everyone treated equally. Ms. Gray felt it was more of a policy decision, and that the police were concentrating on areas where they perceived the most risk, which was the east side. There are not the number of people and events on the west side as on the east side. She noted the CRA needs to concentrate on its own district. Mr. Stevens added that crimes have occurred on the west side as well and that area needs to be covered as well. Ms. Balestriere pointed out that if there were more officers, West Atlantic could be covered. Mr. Zacks commented that the Chief of Police has been attentive to all the CRA's comments and he believes he will follow through. B. Comments by Board Attorney - None C. Comments by Executive Director Ms. Colonna reminded the board of the upcoming FRA Conference, and that the CRA would have a booth there. Also, there will three staff members presenting in conference sessions as well as CRA attorney David Tolces. Additionally, the CRA will be receiving an award for the Eagle Nest project. Ms. Colonna updated the board that staff will be presenting the CRA Plan Amendment next Tuesday to the City Commission. She also reminded the board that the next 4 September 11, 2014 meeting will be on Tuesday, September 23 at Environmental Services, so the packet will be delivered on Thursday rather than Friday. D. Comments by Staff Mr. Costello described some of the issue with the tenants of the 700 Building on West Atlantic Avenue. He stated that staff is working on correcting them but may ultimately need direction from the board if there need to be any evictions. The consensus of the board was to enforce the provisions of the leases. 11. Adjournment There being no further business the meeting was adjourned at 6:37 Diane olonna, Executive Director erman Stevens, Board Chair i 5 September 11, 2014 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: October 20, 2014 SUBJECT: AGENDA ITEM 8.N.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD BACKGROUND On October 6, 2014, the Downtown Development Authority appointed Mr. David Cook as the alternate representative on the Parking Management Advisory Board. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AIA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. DISCUSSION The item before the City Commission is the ratification of the appointed alternate representative to the Parking Management Advisory Board. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend approval and ratification of the appointed alternate representative for a two (2) year term ending July 31, 2016. 10/14 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31/15 Gerald Franciosa P & Z Unexp Appt 10/21/13 Ratified 11/05/13 07/31/16 William Morse CHAMBERS Appt 07/21/10 Ratified 08/17/10 Reappt07/25/12 Ratified 08/21/12 Reappt08/27/14 Ratified 09/16/14 07/31/15 William Branning CRA Appt 08/08/13 Ratified 09/17/13 07/31/16 Peter Perri WARC Appt 07/12/12 Ratified 08/21/12 Reappt07/16/14 Ratified 09/16/14 07/31/16 Albert Richwagen DDA Appt 07/07/14 Ratified 09/16/14 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31/16 Mr. Bruce Gimmy, Chair Atlantic Avenue Corridor Unexp Appt 07/25/13 Between Swinton Avenue Appt reg 07/15/14 and the Intracoastal 07/31/16 Vacant Atlantic Avenue Corridor Between Swinton Avenue and Interstate 95 07/31/16 Fran Marincola Atlantic Avenue and State Appt 06/17/14 Road AIA Corridors and lying East of the Intracoastal Waterway 07/31/16 Vacant Old School Square Historic Arts District 07/31/15 Allen Huntington Citizen-at-Large Appt 07/25/13 07/31/15 Brian Rosen Citizen-at-Large Unexp Appt 04/05/11 Reappt08/02/11 Reappt07/25/13 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31/16 Christopher Davey P&Z Appt 7/21/14 Ratified 09/16/14 07/31/16 Vacant CHAMBERS 07/31/15 Reginald Cox CRA Unexp Appt 08/08/13 Ratified 09/3/13 07/31/16 Vacant WARC 07/31/16 David Cook DDA Appt10/6/14 S/City Clerk/Board14/Parking Management Advisory Board Contact: Scott Aronson—Parking Management Specialist 243-7196 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: October 22, 2014 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 APPOINTMENT OF STAFF ASSISTANT CITY ATTORNEY BACKGROUND Section 4.08 (A) of the City Charter requires that the City Attorney seek City Commission approval to appoint Assistants. As part of the reorganization of my office, I have reclassified a vacant senior paralegal positon to an entry level attorney. I believe this will be a more productive and efficient use of personnel. This position will provide legal research and support to more experienced lawyers in connection with pending litigation, drafting ordinances, contract review and other general legal services. In order to recruit for this position, advertisements were placed on the career services web site for all of the South Florida law schools. Approximately 55 persons expressed an interest. Although no specific experience was required for the position, the office received resumes from several qualified applicants with excellent academic credentials and strong interest in municipal law. Approximately ten individuals were interviewed for the position. As a result of this process, I am recommending the appointment of Stephanie Spritz for the position of Staff Assistant City Attorney. Ms. Spritz received her undergraduate degree from the University of Wisconsin, summa cum laude with a 3.95 GPA in Business Administration and Marketing. She graduated in the top 14% of her law school class from Chicago-Kent School of Law. Ms. Spritz is also a resident of Delray Beach. If approved by the City Commission, Ms. Spritz is expected to start employment with the City during the month of November, 2014. RECOMMENDATION The City Attorney recommends approval. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: October 23, 2014 SUBJECT: AGENDA ITEM 8.Q.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 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 October 20, 2014 There were no appealable items considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (5 to 0, Robin Bird arrived late), of a Future Land Use Map amendment from GC (General Commercial) to LD (Low Density Residential 0-5 du/ac) and rezoning from GC (General Commercial) District to R-1-AA (Single Family Residential) District for Delray Cottages, an existing single family residence, located on the south side of SE 4th Street, east of SE 6th Avenue at 606 SE 4th Street. B. Recommended approval (4 to 1, Christopher Davey dissenting and Robin Bird arrived late) of a conditional use request to allow a multiple family residential development up to 22 units per acre (21.936 proposed) for Delray Preserve, located on the east side of North Federal Highway, south of Gulf Stream Boulevard and between the Kokomo Key Subdivision and AutoNation Volvo Delray within the GC (General Commercial) zoning district. The development proposal involves the construction of 188 multiple family residential units within seven multiple family buildings. C. Recommended approval (6 to 0, Robin Bird arrived), of a rezoning from AC (Automotive Commercial) to GC (General Commercial) for ZNT Delray, located on the west side of SE 5th Avenue, between SE 6th Street and SE 7th Street. Site Plan Review and Appearance Board Meeting of October 22, 2014 1. Approved (6 to 1, Terra Spero dissenting), the establishment of a master sign program at the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail (14535 Military Trail). 2. Approved (7 to 0), a Class I site plan modification associated with the addition of second floor windows on the SunTrust Bank, located at the southeast corner of East Atlantic Avenue and SE 3rd Avenue (302 East Atlantic Avenue). 3. Approved with conditions (6 to 0, Jose Aguila stepped down), a reconsideration of the 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. 4. Approved with conditions (7 to 0) a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of an existing two-story 12-unit condominium development and construction of a three-story 6-unit fee simple townhouse development for 150 Oceanside, located at the southwest corner of Andrews Avenue and Thomas Street. Concurrently, the Board recommended that the City Commission approve (7 to 0), a waiver to LDR Section 4.6.14(B)(6), which requires 40' sight visibility triangles at the intersection of two (2)rights-of-way, whereas 25' sight visibility triangles are provided along Thomas Street at Luke Lane and Andrews Avenue. Historic Preservation Board Meeting of October 15, 2014 5. Approved with conditions (4 to 1, Price Patton dissenting and Angela Budano absent), a request for a Certificate of Appropriateness for the reconstruction of a contributing structure located at 214 North Swinton Avenue. 6. Approved with conditions (4 to 0, Price Patton stepped down and Angela Budano absent), a Certificate of Appropriateness for the construction of a new, two story single-family residence located at 73 Palm Square. Concurrently, the Board approved the following waivers: i. Approve (3 to 1, Samuel Spear dissenting, Price Patton stepped down and Angela Budano absent), the waiver to LDR Section 4.5.1(E)(8)(a)I., to permit the structure to encroach into the Building Height Plane. ii. Approve (4 to 0, Price Patton stepped down and Angela Budano absent), the waiver to LDR Section 4.5.1(E)(8)0)I., to reduce the additional front setback from 7' to 2'. iii. Approve (4 to 0, Price Patton stepped down and Angela Budano absent), the waiver to LDR Section 4.5.1(E)(8)0)2., to reduce the additional upper-story setback from the required length of 10'-9"to 7'. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of October 13, 2014 through October 24, 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 - 0 0.25 0.5 1 Miles APPEALABLE ITEMS I i i l i i l NORTH NOVEMBER 4, 2014 PLANNING &ZONING DEPARTMENT _ ulfstream Blvd > D m 3 8 r..� _ ; O rn Z L . ..Q .J > Q> m 1 • U_ Q ■ .� fti r� CO ; V (, z z George Bb9h'WT % Lake Ida Rd > o, ¢ 1 t I Z _ ! 3 N th St 1• 5 4 1 NW 2nd St t ..........�..�..1 my 2 1 j 1 ._.._ 1 W Atl ntic Ave W Ind St 6 c 1.. 3 1 U 1 > Q' t � a 1 m L N W > U) m 1 °o SW 10th St L Lowson Blvd (D v 0 a' U) r Q � 1 O � CCJ t 1 m W Linton Blvd 0O O Linton Blvd 1 O/ w W...J U 1 d Ger d nt m 3 0 1 owp r 2!1 q U rn m m 1 r o � 1 W U C p. ..� !.u.. (aD 03 2 1 L d N ` '0 o LL SPRAB: HPB: 1. MARKETPLACE OF DELRAY 5. 214 NORTH SWINTON AVENUE 2. SUNTRUST BANK 6. 73 PALM SQUARE �°� 3. BEACH GAZEBOS 4. 150 OCEANSIDE Document Path: S:\Planning &Zoning\DBMS\GIS\City Commission Maps\City Commission Map 11-4-14.mxd w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: October 14, 2014 SUBJECT: AGENDA ITEM 8.R.1-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 BID AWARD/CONSERV BUILDING SERVICES BACKGROUND Consider a recommendation to award Bid No. 2014-43 for a one (1) year contract to ConSery Building Services for $28,728 for chiller maintenance and service at City Hall and the Delray Beach Library. The contract may be renewed at the same terms, conditions, and pricing for two (2) consecutive terms of one (1)year. Sixty (60) bid packages were mailed and the bid was also placed on Demand Star; only ConSery submitted a bid. ConSery has held the contract with the City of Delray Beach for over nine (9) years without any issues or problems. The terms of the contract provide for a full service maintenance agreement including both repairs and preventative maintenance: all parts, material, and equipment are covered along with the labor costs. Items that are not covered under the contract are vandalism, acts of God, etc. The HVAC Chiller and Tracer Unit Maintenance and Services contract was bid using a sealed competitive bid process (Bid No. 2014-43). A recommendation for ConSery Building Services was posted on September 23, 2014; there were no protests filed. The chart below provides a bid summation of the costs. City Hall Library Year One 1$14,664.00 1$14,064.00 This request is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method". FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION This item is before Commission to approve a bid award to ConSery Building Services (Bid No. 2014- 43) for one (1) year at a cost of$28,728 for the maintenance and service of the chiller units at City Hall and the Delray Beach Library. FUNDING SOURCE Funding is available from 001-3431-519-46.10 (General Fund: Repair & Maintenance Service/Building Maintenance) and 001-3431-519-46.20 (General Fund: Repair & Maintenance Service/Equipment Maintenance). RECOMMENDATION By motion, recommend approval of an annual contract to Consery Building Services (Bid No. 2014- 43) in the amount of$28,728 for the maintenance and service of the chiller units at City Hall and Delray Beach Library. O 0 O 0 O Ci C'O c`') w CIO lqr CQ W C d �1 OCf J C cu C: IL w cc > o. 0 a�i m W a0 °i ?l 00 00 0 0 0 r O -4 -ti psi tri > ;. co Q Z 00 0 to cocO 0 O 0 .::,, :. 0 0o too r � V LOi Nr 3 ° -j c � 69- O m H V 2 W C= i Z m V E cc O E i cn O N Q := U) U v a. 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Q) O o W W F- N N a O O O r E O ~ N ti N Z O m Q N W N M � ~ O AZ � � } 0 LV ° cc cc U J CL o2 a o 0 Z U U V ° W C a ~ F- 0 Z o U U Z m H � z W = 2 F- LU 2 w > U 0 m LU U W > Q ZOO w H Q U a � a a W U Z_ N W-1 LL LU U O 0 CL N m x W W cLa > O E m H z di I o U CL mz: I -+ j ul cv �r +- T u - Im ffi m o CL 4 r w uu uU C) � ti m MQ � m Q >- z 7- U* =' ter m LijL © tU 4 0 7 Ix F3 4 .j (6 Q3 v ri LU n O d V N .(n N fA .n E g) V U) }°^ mom Ac a° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1 9/22/2014 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 - CONTACT NAME; Jeanette BOrra 0 Bowen, Miclette&Britt of FL PH°NE 407-647-1616 FAX 407-628-1635 1020 N.Orlando Avenue Arc No: E-MAIL Suite#200 ADDRESS: Maitland FL 32751 - - - - - - - INSURER 5 AFFORDING COVERAGE - NAIC# INSURER A:Amerisure Insurance Company 19488 INSURED BCHMECHAN11 INSURERB:Amerisure Mutual Insurance Company 23396 ConSery Building Services, Inc INSURERC:Mt Hawley Insurance Co 37974 6354 118th Avenue North INSURER D:Travelers Casualty&Sur Co of Amer 31194 Largo, FL 337733 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1014337408 _ REVISION NUMBER: I 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 DD 5 R POLICY EFF POLICY EXP . . LIMITS LTR INS WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y, Y GL20469051001 /1/2014 11/2015 EACH OCCURRENCE $1,000,000 X❑OCCUR - - DAMAGES(RENTE CLAIMS-MADE D PREMISES Eaoaurrence) $1,000,000 MED EXP(Any one person) $10;000 � PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY. jR�: F-1-1-06 - _ - - - - _ - ,� ., -- PRODUCTS-COMP/OP AGG $2,000,000 - - - --- OTHER::-. .. - - $ B AUTOMOBILE LIABILITY Y Y CA20469111302 /1/2014 /1/201$ _ M BINED S G E T $ Ea accident 1y000,000 Ix ANY AUTO BODILY INJURY(Per pet§on) S AUTOS NED AUTODULED BODILY INJURY(Per accident) $ HIRED AUTOS X NON-OWNED, ,. _- _. . ._ _ PROPERTY DAMAGE. $ AUTOS - .. Per accident - $ B X UMBRELLA LIAR X OCCUR Y Y CU20469100902 11/2014 !,1/2015 EACH OCCURRENCE $10,000,000 EXCESS LIA6 - - CLAIMS-MADE - - AGGREGATE - $10,000,000 DED RETENTION A WORKERS COMPENSATION _ y WC204851610 /1!2014 1112015 X PER OTH- AND EMPLOYERS'LIABILITY - -YIN - - STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FYI (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution Liability EGL0002864 /1/2014 /1/2015 Limit/AgglDed $1M/$1M/$25K D Fidelity-Employee Theft or 105608618 /16/2014 11/2015 Single Loss Limit 5,000,000 Client Property Single Loss Retention 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance.The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates @bmbinc.com When required by written contract,those Parties listed in said contract, including the certificate holder,are added as an Additional Insured, with respect to General Liability,including products and completed operations,Auto Liability,and Umbrella liability as afforded by the policy See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach, Purchasing Division ACCORDANCE WITH THE POLICY PROVISIONS, 100 NW 1st Avenue Delray Beach FL 33444 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE ;LDlq-, AGENCY CUSTOMER ID: BCHMECHANII _ LOC#: A� ADDITIONAL REMARKS SCHEDULE Page I of I AGENCY NAMED INSURED Bowen, Miclette& Britt of FL ConSery Building Services, Inc 6354 118th Avenue North POLICY NUMBER Largo, FL 337733 1 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE and/or endorsements.The General Liability,Auto Liability and Umbrella Policy certified herein is primary and non-contributory to other j insurance available to the certificate holder, but only to the extent required by written contract with the Named Insured.When required by written contract,waiver of subrogation,with respect to General Liability,Auto Liability,Workers Compensation,and Umbrella is granted in favor of Certificate Holder as afforded by the policy and/or endorsements. I ' I i I i i i I ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Mule . THIS ENDORSEMENT CHANGES THE POLICY., PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT t This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE FORM I i Policy Number Agency Number Policy Effective Date G L20469051001 07/01/2014 Policy Expiration Date Date Account Number 07101/2015 07101/2014 Named Insured Agency Issuing Company BCH Mechanical, Inc. et, al. BMB of Florida, LLC Amerisure Insurance Company 1. a. SECTION II-WHO IS AN INSURED is amended to add as an insured any person or organization: (1) -Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business;or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract,written agreement; or certificate of insurance must: 1 Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the"bodily.injury", "property.damage", or"personal and advertising injury" leading to a claim under this policy, C. If, however. (1) "Your work' began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or'written agreement within 30 days of beginning such work;and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. SECTION II-WHO IS AN INSURED is amended to add the following: If the additional insured is: a. An individual, their spouse is also an additional insured. b. A partnership or joint venture, members, partners, and their spouses are also additional insureds. c. A limited liability company, members and managers are also additional insureds. d. An organization other than a: (1) Partnership; (2)Joint venture; or (3) Limited liability company; executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. e. A trust,trustees are also insureds, but only with respect to their duties as trustees. i Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 09 13 Pages 1 of 3 I e IV No , 3. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability arising out of: (1) Premises you (a)Own; (b)Rent; . (c)Lease; or (d)Occupy;or, (2). Ongoing operations performed by you or on your behalf. If, however, the written contract,written agreement, or certificate of insurance also requires completed operations coverage, we will also provide completed operations coverage for that additional insured. j b. Premises,as.-respects paragraph 3.a.(1)above, include common or public areas about.such premises if so required i the,written contract or written agreement. c. Additional insured status.provide d.under paragraphs 3.a.(1)(b)or 3.a.(1)(c)above does not extend beyond the end of a premises lease or rental agreement. d. Ongoing operations, as respects paragraph 3.a.(2) above, does not apply to"bodily injury" or`property damage"occurring after: (1) All work to be performed by you or on your behalf for the additional insured(s)at the site of the covered operations is complete, including related materials, parts or equipment(other than service, maintenance or repairs); or (2) That portion of"your work' out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. e. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; (3) Certificate of insurance;or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. f. The insurance provided to the additional insured does not apply to"bodily injury", "property damage", or "personal and advertising injury"arising out of an architect's, engineer's,or surveyors rendering of, or failure to render, any professional services, including but not limited to: c (1) The preparing, approving, or failing to prepare or approve: j (a) Maps; (b)Drawings; (c)Opinions; (d)Reports; (e)Surveys; (f)Change orders; (g)Design specifications;and (2) Supervisory, inspection, or engineering services. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 48 0913 o g. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance.,' Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional Insured whether: - a. Primary; _ b.Excess; c. Contingent;or, d.On any other basis; unless the written contract,'written agreement, or certificate of insurance requires this insurance be primary." In That case,this insurance will be primary without contribution from such other insurance available to the additional insured.-- h. If.the written contract,written agreement, or certificate of:insurance as outlined above requires additional insured status by.use of CG 201011 85, then the term_ s of that endorsement,-shown below, are incorporated into this endorsement to the extent such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. ! SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10,11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work"for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 CG 20 10 11 85 1. If the written contract,written agreement, or certificate of insurance as outlined above requires additional insured status by use of an Insurance Services Office(ISO) endorsement, then the coverage provided under this CG 70 48 endorsement does not apply. Additional insured status is limited to that provided by the ISO endorsement. Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 0913 Pages 3 of 3 CITY OF DELRAY BEACH 51466 :BUS INESS� •ECEIPT &CONTRA TOR�REG`IS�TRATION RECEIPT NO..,14.:00050-078 RESTRICTION: CONTROL NO X3717 DATE,ISSUED OWNER/oUALIFIERBLUME DARYL WALTER rt � �T BUSINESS NAME: BCH MECHANICAL INC � � �. 9/16/13 r BUSINESS TAX FEE: .00 . LOCATION: OUTSIDE OF DELRAY BEAG�{s£�, DELINQUENT FEE; 00 CLASSIFICATION: CONTRACTOR•AIR COND }CLATSS CERT =fit TRANSFER FEE; .00 SIX!-6 ,=�`� M TOTAL AMOUNT PAID: 00 �Vtt z gg BCH MECHANICAL INC 2 y, BUSINESS TAX RECEIPT ISSUED FOR THE PERIOD 6350 118TH AVE Nt �z �� �E OCTOBER 12013 TO SEPTEMBER 30 214„ LARGO FL 33773_ ° BU-SINESS.TAX RECEIPT MUST`BE _j � � r uGO NSPICUOUSLY;DISPLAYED:,TO � UBLI�VIEWAT 8USINES'S:,L0 ATION Notice:This business tax receipt becomes NULL and VOID if ownership,business name,or address is changed. Applicant must apply.for Transfer :.. :: CITY- :OF DELRAY BEACH , BUSINESS TAX RECEIPT INFORMATION BATE ISSUED 9/16/13 BUSINESS TAX RECEIPT ISS D FOR THE PERIOD OCTOBER 1 2013 TO SEPTEMBER 30 2014 . I i Please conspicuousI (,post:this Current business axxeceiptsb.thot it.is able to be viewed by anyone uponentering your place.of business. This buslness tax receipt represents proof of payment Of your business tax fee for :the peri od October 1,to September.30 Continuous licensure can be an Important asset ;for certaln buslness. users, pl ease'exercise diligence in malntalrling this bUSIneSS tax receipt f: Once you`:have.obtained aDelray Beaeh business tax revel t, you will be sent a-.renewal notice each year 30 to 60 d.ays.'before-explratlon to the:ad e5s Indicated:on th:e face.of the:receipt }'lease check,all `bualness tax;:receipt information and of there Is.;an error, report it to us irTlmediately :The.City may impose'fines_and penalfies.for:failure to renew this business tax receipt If you change your .'bush ess name, :ownership' or location, you must make a n.ew application for the change.:and .pay a.$14 47transfer fee.. The business tax receipt must. be surrendered:prior..to issuance of,the new receipt; The back of the receipt must,.:be: . signed antl dated byahe previous owner and lndlcated that all rights; interest, and title,of the:business Is assigned toahe:new owner If„you have more than one business location, youmus:t obtain a business tax receipt for each location . , A separate business .tax receipt:is issued for each use performed within your.-buslness Please .check :with :us If:you have'any -questions';regarding the classification of your business; by visitin us at'1.00 NW 1st,.A t' our website at MyDe(rayBeach:com, or g calling us at (561)243-72094 Notice The Issuance of this business tax receipf fs a result of a payment of the bus iness tax and shall not be interpreted as permiftrng the:buslness td'supercede the toning code of the Cffy,an endorsement by the City of a business,nor certification by the City of the competence of a business. .' Ij ® - ® � W <� rJ- } � t ca £s LL C `v I LL C W �' Q CL T C� co CD OD z Co co its W C` 1 � ID .. 6. � I ORM iG r,i RS RS nl z tU tU L!1 i C c C C C co CC' dt W U- t W LIJ t3 Ry o f �M c c � c t`u `b `= c c UJ 0 [j m .7, z J C W °tn c °u, Ctd r Ct � 0 � W 6 � � W a = u W [tat m co C) 0 0 fa] tYl f� i.rt �L1 �t 6Ya � LG 4 .e ai CL j I— I- 0 In t7 t Z Y 3' ■ tl W { I MNDENNITYINOLD BID Noe 2014-43 HVAC CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE City Hail and Delray Beach Library 4, ANNUAL CONTRACT 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 j i omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone I 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 j i 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 ConSery Building Services, Inc. (� l Contractor's Name S nature Date I�I I Bid No,2014-43 H SAC Chillers&Tracer Units(City Halt and Delray Beach Public Library -Annual Contract COME OF SOLENCE 9D o® `aw- HVAC CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE ® City lull and Defray Beach Library 4, I ANNUAL CONTRACT 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 emplo.ee, artner, officer, director, consultant lobbyist, or an actual or potential subcontractor or consultant ,.Y. I? � � � � Y Y p 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 co f silence pro si ns in this section shall render the transaction voidable. ConSery Building Services, Inc. Contractor's Name Signature ate Bid No.2014-43 14VAC Chillers&Tracer Units(City Hall and Delray Beach Public Library -Annual Contract -._. ._.._ DRUG FREE WORKPLACE CERTIFMCATMON HVAC CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE ® City Hall and Delray Beach Library 0 - 'ANNUAL CONTRACT 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, aid 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 if has implemented a drug-free'worl<pl ace 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. G) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section, i l ConSery Building Services, Inc. Contractor's Name ignature ate Bid No,2014-43 HVAC Chillers&Tracer Units(City Hall and Delray Beach Public Libraty -Annual Contract I CITY OF DELRAY REACH EQUIPMENT & LOCATION HVAC CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE ® City Hall,and Defray each Library o ANNUAL CONTRACT BID # 2014-43 I CITY HALL, 100 N.W. 1s'Avenue,Delray Beach, FL 33444 1 � - Model Number Air Handler#1 MCCA012AAFOCA000OOO Order #H6XO98A B/M 5197 A. Air Handler#2 Model Number Order #H6X098A B/M 5/97 MCCA012NAGOABABOO B Air Handler#3 Model Number Order #H6XO98A B/M 5/97 MCCA012NAGOABA1300 E Air Handler#4 Model Number Order #H6XO98A B/M .5/97 MCCA012L0000A CO C j Air Handler#5 Model Number Order #H6X098A B/M 5/97 MCCAO12NAGO ABAB00 Q Fresh Air Handler 46 Model Number SER#K970U5999 4/97 - MCCA006BBGOCFAAOAOO - Chiller,Pumps& Multiple Multiple Controls CITY OF DELRAY BEACH PUBLIC LIBRARY,100 W,Atlantic Avenue, Delray Beach,FL 33444 Room#1 Model Number Serial Number Filters:9—2Ox2Ox2O Downstairs Southwest XTI—144X096- CCPMXT0162 19'/2 x 19'/2 x 1 BBNJ046A 3—24x2Ox2 23'/2 x 19'/x 1 1/ Room#2 Model Number Serial Number Filters:9—20x2Ox2 Upstairs Southeast XTI—075X117- CCPMXT0165 14'/2 x 19'/2 x 1 '/< BBKJ046A 6—20x2Ox2 23'/2 x 23'/2 x 1 % Model Number Serial Number Pumps 2-10hp Baldon Roof Chiller Carrier 30GRXR 125 AE6KJ 0805FO7699 BiT37147NCR 1 is stand by only Plus filters in overhead IT Room LG Minisplit Serial Number unit 1st Floor Model:#Isn180CE LR66048 i I Bid No.2014-43 HVAC Chillers&Tracer Units(City Hall and Delray Beach Public Library -Annual Contract Bid Hoe 20 N 4-4M HVAC CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE 4. City Hall and Delray Beach Library 4, � ANNUAL.CONTRACT i Bidder must bid on all items to be considered, Failure to bid all items shall cause bidder's bid to be considered non-responsive. Bidder should NOT reference the wards "No Charge", "N/C", "Included", etc, on any of the line items of this form. Failure to identify a monetary amount for each line item may cause bidder's bid response to be considered non responsive and rejected. I I l>Year one (1) includes all scheduled and specified maintenance and service not covered under original manufacturer's warranty (includes all parts and labor). Bidder is not responsible for breakdown repairs covered under warranty. i CITY HALL DELRAY BEACH PUBLIC LIBRARY Year One(1) 14 664.00 14 064.00 $ ' (Annual Lump Sum) $ ' (Annual Lump Sum) 0-Year two (2) and three (3) includes all scheduled and specified maintenance, service and repair including all labor, parts and equipment. CITY HALL DELRAY BEACH PUBLIC LIBRARY Year Two(2) $ 14,664.00 (Annual Lump Sum) $ 14,064.00 (Annual Lump Sum) CITY HALL DELRAY BEACH PUBLIC LIBRARY Year Three(3) $ 15)105.00 $Lump sum) $ 14,485.00 (Annual Lump Sum) i I c I Bid No.2014-43 HVAC Chillers&Tracer Units(City Hall and Delray Beach.Public Library -Annual Contract 4TOTAL LUMP SUM--YEAR ONE, TWO AND THREE CITY HALL $ 44,433.00 (Total Lump sum) Forty four thousand four hundred thirty three and 00/100 (Numbers) ($$IN WORDS) i DELRAY BEACH PUBLIC LIBRARY I $ 42,613.00 _(Total Lump Sum) Forty two thousand six hundred thirteen and 00/100 (Numbers) ($$IN WORDS) *Comments/Exceptions; _ I CORPORATIVE PURCHASING AGREEMENTS: Will extend the same price, terms, and conditions of this bid to other Palm. Beach Governmental agencies. Yes ❑ No VENDOR NAME: ConSery Building Services,Inc. { { I Bid No.2014-43 HVAC Chillers&Tracer Units(City Hall and Delray Beach Public Library -Annual Contract i pledte ca 10@ this page or attach yow L-eference page to this sheet,, BID e®2014-43 I V4C CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE 4 City ball and Delray Beach Library � ANNUAL CONTRACT _ ... Age'noy/Company City of Hialeah Address 501 Palm Avenue cif ,State,Zip Hialeah,FL 33010 Contact Person Carlos Lopez,Purchasing Director Telephone 305-883-5928 - i Dates of Service 2002-Present Type of Service HVAC Service and Maintenance Comments: Agency/Company Bralidsinart USA i Address 32-00 SW 42nd Str&f Cit State,Zip Hollywood;FL 33312 Contact Person Ed Swindell,Facilities Director Telephone 954.797.4058 Dates of Service 1994-Present T e of service HVAC Service and Maintenance i - Comments: S Agency/Company Agency/Company Bed Bath&Beyond i Address 650 Liberty Avenue City,State,Zip Union,NJ 07083 contact Person Larry Guarino -Director of HVAC Services Telephone 908-855-4660 Dates of Service 1992-Present Type of Service HVAC Service and Maintenance Comments: Over 500 locations Serviced in 8 States-all self performing i I Vendor: ConSery Building Services,Inc. Bid No.2014-43 HVAC Chillers&Tracer Units(City Hall and Delray Beach Public Library -Annual Conti-act 6 CITY OF DELRAY BID SIGNATURE FORK END no.201,,®4 HVAC CHILLERS AND TRACER UNM MAINTENANCE AND SERVICE City Hall and Delr'ay Beach'Librrcary 4 ANNUAL CONTRACT PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BECAUSE FOR REJECTION OF YOUR PROPOSAL The undersigned-bidder certifies that this bid package is stabmitted in accordance with tine specification in its entirety and with full understanding of the conditions governing this bid. NAME OF BIDDER ConSery Building Services,Inc. Name as registered with their State of origin BUSINESS STREET ADDRESS 503b NW 1Ogth Avenue,Suite A i= P.O.Box address not ermitted CITY,STATE,ZIP CODE Sunrise,FL 33351 MAILING ADDRESS: ❑ Cheek if same as Business address above. 6350 118th Avenue North BUSINESS MAILING ADDRESS � i CITY,STATE,ZIP CODE Largo;FL 33773 AUTEIORIZED SIGNATURE(Written) PRINT NAME Bradley Mc ntire TITLE (of person sib ling fonn) Vice President DATE 954-572-8884 TELEPHONE NUMBER r 954-572-9066 FAX NUMBER bmcintire@conservonline.com EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER Nicole Graham PLACEMENT NAME TELEPHONE / CELL, NUMBER 954-572-8884 954-572-9066 FAX ngraham @conservoniivae.com OR service @conservonline.co EMAIL ADDRESS Bid No.2014-43 HVAC Chillers&Tracer Units(City Hall and Delray Beach Public Library -Annual Contract CITY OF DELRAY CHECK LIST BID 00 2024-43 HVAC CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE o City Hall and Delray Beach Library o ANNUAL CONTRACT YES ❑ NO Cheep List Forge IN YES ❑ NO Bid Signature Form ® YES ❑ NO Schedule of Pricing(check for accuracy) i ❑ YES N NO Addenda Achnowledgement(if any) ® YES ❑ NO Indemnity/Hold Harmless Agreement i ® YES ❑ NO Cone of Silence M YES ❑ NO Proof of Insurance(including Worher's Coup&Auto) N YES ❑ NO Proof of Personnel Bonding X YES ❑ NO List of Chemicals/Equipment ® YES ❑ NO Drug Free Workplace Certification � N YES ❑ NO Work References j YES ❑ NO Business Tax Receipt ❑ YES ® NO Subcontractor Information (if any) ❑ YES [X NO Statement of No Bid—(if not responding to this request) i Vendor N �: ConSery Building Services, Inc.-- - Thank you for your interest in the City of Delray Beach 1 C Bid No.2014-43 HVAC Chillers&Tracer Units(City Hall and Delray Beach Public Library -Annual Contract WENWORS MARKETING MATERNAL and I or ADDITMONAL INFORMATION BID N®.2014-43 HVAC CHILLERS AND TRACER UNITS MAINTENANCE AND SERVICE City Hall and Delray Beach Library � ANNUAL CONTRACT Please check if you are "NOT" submitting any additional information. NONE: i s i i Bid No.2014-43 HVAC Chillers&Tracer Units(City Hall and Delray Beach Public Library -Annual Contract �_....-..-.irk ..- w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: October 16, 2014 SUBJECT: AGENDA ITEM 8.R.2-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PURCHASE AWARD/SANDERS COMPANY INC. BACKGROUND Consider an award to Sanders Company, Inc. in the amount of $48,606.00 for the purchase of a replacement transfer pump at the Water Treatment Plant. During the first week of October, staff experienced malfunctioning conditions with one of three transfer pumps at the Water Treatment Plant. The pump is a 50 horsepower/5,000 gallons per minute pump manufactured by Fairbanks Morse, installed in the early nineteen eighties. The pump transfers potable water to one of two in-ground storage tanks for distribution to the system. While inquiring of a replacement pump, staff encountered that a replacement can only be acquired through a single source supplier. The regional supplier of Fairbanks Morse pumps for this area is Sanders Company, Inc. Only an original equipment replacement pump will provide the best operation and efficiency per the unit's design criteria. In addition, the exact alignment and fit to accommodate the existing configuration of the 14 inch intake and discharge ports is critical in minimizing any retrofitting work. The Fairbanks Morse pump has proven to be of good quality, with a long service life. The method of acquisition for services under this award recommendation is in accordance with Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(b), "City Standard". FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before the City Commission is to make a determination to find Fairbanks Morse Pumps as a City Standard and to consider an award to Sanders Company Inc., as a single source supplier of Fairbanks Morse Pumps, in the amount of $48,606, for the purchase of a large transfer pump at the Water Treatment Plant. TIMING OF THE REQUEST The approval of this item is of high importance to initiate timely procurement and replacement of the unit. FUNDING SOURCE Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). RECOMMENDATION Through a motion, approve by majority vote, a determination to find Fairbanks Morse Pumps as a City Standard, and by majority vote, approve an award to Sanders Company Inc., as a single source supplier of Fairbanks Morse Pumps, in the amount of$48,606, for the purchase of a large transfer pump at the Water Treatment Plant. 14:� ��� - �E-11 ,1pz� 2816 S.E.Monroe Street Stuart Fl.34997 Ph:800-247-0880 Fax:772-220-3088 To: City of Delray Beach Dept of Environmental Services 434 S.Swinton Ave Delray Beach Fl.33444 Attn: Brian Jones Phone: 561-243-7306 Fax: Email: ionesbr(ZDcJ.delray-beach.fl.us SUBJECT: City of Delray Beach Replacement Propeller Pump DATE: 10/8/2014 Sanders Company Inc.is pleased to offer the following equipment for your considertation: Qty(1)Fairbanks Morse Model 14"8312 Vertical line Shaft Propeller Pump to include: Standard Materials of construction Column Pipe OAL 13'-4" Discharge head Standard Factory Paint Note:This Pump dimensionally is the same as the existing Pump S/N K2S2-065001 NO OTHER PRODUCTS OR SERVICES ARE INCLUDED OTHER THAN WHAT IS LISTED ABOVE TOTAL PRICE: $48,606.00 Plus Tax Price Valid for 60 days FOB: Factory, Freight Allowed to jobsite via standard commercial carrier DEL: 20 to 22 Weeks ARP TERMS: Net 30 days from Invoice date subject to initial and continuing credit approval by Sanders Co. Inc.see attached additional terms&conditions which are an intergral part of this offering. Prepared By: Craig A.Welch Accepted By: Ph:561-289-2067 Fax:561-989-0607 Title: Email:welch @sanderscompany.com Date: Page 1 ® Fairbanks Morse Pentair Pump Group Jim Miller, Regional Sales Manager 3925 North 1-10 Service Road Suite 109-Q Metairie, LA 70002 Phone 504/889-2125 Mobile 504/454-7869 Fax 5041888-4594 10/15/2014 Sole Source Letter To: City of Delray Beach Dept of Environmental Services 434 S.Swinton Ave. Delray Beach,Fl.33444 Attn:Brian Jones Re: Sanders Company Inc. Sanders Company Inc.is the exclusive sole source Fairbanks Morse Pump Co. distributor for all counties east ofthe Apalachicola River in the State of Florida. Their contract covers both new Pumps,OEM repair parts and are the authorized warranty service center for this region. Only companies such as Sanders Company Inc.that are under contract with Fairbanks Morse are authorized to sell our products,and provide OEM parts,and service.Please contact Fairbanks Morse Pump Co.should you have any questions. We thank you for your confidence in Fairbanks Morse Pump Co.products and look forward to serving your requirements in the future through Sanders Company Inc. Sincerely, (76"14.. AN& Regional Sales Manager w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: October 15, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 WAIVER REQUEST/SPODAK DENTAL GROUP BACKGROUND Spodak Dental Office is located on the north side of West Atlantic Avenue, just west of Homewood Boulevard. It is a single-story medical office that includes 12,980 square feet. The applicant was before the Site Plan Review and Appearance Board (SPRAB) on September 25, 2013 seeking approval to allow three flat wall signs that did not meet code requirements - two signs did not face dedicated street frontages and all three signs were to be located above the roofline. In the justification letter, it stated that a monument sign was infeasible as the bio swale and lush landscaping prohibited its installation and the three (3) flat wall signs were needed for exposure. SPRAB agreed and recommended to the City Commission approval of the waiver requests based on the justification statement. On October 3, 2013 the City Commission granted the five (5) waivers for Spodak to install their flat wall signage. The applicant is now requesting to install a monument sign in the bio swale area. The justification states that his patients cannot locate his building heading west on Atlantic Avenue due to the fact that the frontage is very limited in relation to the depth of their lot and building size. Additionally, the applicant did not account for the "increase of trees and shrubbery placed on the part of the Delray Garden Center in an effort to form a landscaping union which obstructs the flat wall sign on the east elevation". The applicant further states this has created an unsafe experience for his patients as they have to aggressively slow down and make a quick and dangerous turn into the property. "The monument sign could have been approved administratively without City Commission action as it meets the requirements of LDR Section 4.6.7(E)(7), "Design Standards Matrix". However, because of the policy implications, staff felt it would be more appropriate for the Commission to affirm the staff recommendation before staff takes final action on this item, as the Commission was the approving body that granted the waivers and accepted the justifications provided by the applicant." Attached is the original justification letter seeking waivers, the justification letter for the new hardship and the rendering of the monument sign. DISCUSSION Consideration of approval by the City Commission to allow the installation of a monument sign to be placed in the bio swale area for Spodak Dental Group located at 3911 W. Atlantic Avenue. OPERATING COST There are no costs associated with this request. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Motion to approve the request to install a monument sign for Spodak Dental Group located at 3911 West Atlantic Avenue. Preventive,Restorative and Cosmetic Dentistry ■ 1 dak ...... ...... ................. . ............ ...................................... .........- - DFI71'CATED TO YOUR SMILE September 5, 2013 Ms. Lula Butler Director Community Improvement City of,Delray Beach 100 NW 1st Avenge Delray Beach, Ft_33444 Dear Luia: The purpose of this letter is to discuss any concerns regarding the exterior signage plans for the new Spodak Dental Group facility located at 3911 Vilest Atlantic Avenue, Delray Beach, FL 33445. Background E ak roup4aeiiity-is- , offity-tha planned to be a Gold Level LF.ED Certified building—the only facility of this-kind in southeast Florida.All LEID Certifications recognize facilities that conserve natural resources, are energy-etficient, and provide a healthier space for occupants.A key design goal for the project was to create abundant natural lighting, and indoor spaces that feel a part of the surrounding landscapes and gardens via the large window areas. To accomplish the ultimate in sustainability,our LEER Certified building will have floor to ceiling glass walls, solar panels and Solatubes,which will provide natural light for enclosed interior spaces. It will also have two cisterns for supplemental irrigation to bring water to fruit trees, herb and vegetable gardens and the tropical shade garden surrounding the building.Although this may seem more decorative than substantive to some,the end result is that we save on energy, water and create an environmentally friendly facility. in short,the building will be an environmentally sound, holistic building with lush landscape that is designed to comfort patients and provide an array of environmental benefits. it is also my sincere hope that our new Gold LEED Certified building will serve to motivate other developers to errmplate our environmentally conscious and sustainable planning and design throughout our area, Integral to the overall design of the building...its placement on the plot, its elongated shape, the environmentally friendly and lush landscaping surrounding the building(including mature trees, fruit trees, shrubs,foliage,vegetable and shade gardens, bioswales to provide drainage, a dedicated exit and pathway to the Delray Garden Center, etc.)...was the placement of the exterior signage on the building. Current Situation As you are aware, the new Spodak Dental Group facility is in the final stages of construction, with an estimated building completion date of mid-November 2013. For the past eighteen months, initially during the plans stage and now during the construction stage,we have successfully worked with the appropriate City of Delray Beach departments to ensure all requirements have•.been met. While ell of the building plans have been thoroughly reviewed and approved over the past.many months,we understand now there is concern regarding the new facility exterior signage on two points. 8)the Spodak Dental Group signage Qn the east and west facades do not face a dedicated street,and; b)The Spodak Dental Group signage pn the east,south and west facades are above the roof line. In light of these concerns, we want to plead hardship so that our exterior signage plans may proceed as designed and receive a waiver under LDR Section 2.4.7(8)(5): a)Our la ned exterior signage on the east south and west facades do not in a way adversely a ct the neighbpritia area. 4665 West Atiantic Avenue Delray Beach gorilla 33446 561.498.0050 561,499,0841 www.spodakdental.com .. The new Spodak.Dental Group facility neighbor to the ea- ast is the Delray Garden.Genter and,as mentioned above, a dedicated pathway from our new facility to the Delray Garden Center was always included in the building plans.The exterior signage designed for the east fagade of the building, does not impinge upon or adversely affect the Delray Beach Garden Center. In fact, our new facility and signage may actually assist the Garden Center In identifying its location to its prospective customers'as it will serve as a ready directional`landmark'. To the west of the building site is an undeveloped site with approximately 400 feet between our facility and the next physical structure, the Weekes&Callaway insurance company. The exterior signage on the west fagade of our new facility does not adversely affect the immediate area to our west(a vacant lot)or the Weeks&Callaway business(approximately 400 feet away), Furthermore, it should be remembered that autos enter our site from the west, through an easement on the vacant lot to the west of our building. Autos entering our site will be facing east, consequently reinforcing the need for signage on the west f- ia�auc. Significantly, no residential areas will be impacted by either the east and west exposure signage. On the south exposure,the building signage faces West Atlantic Avenue(the building set-back is approximately 50 feet).Across the street from our new facility is a hedge row approximately 25 feet high belonging to the Seagate Hamlet development. This high hedge row extends from Homewood to the ntrarrc - Dental facility lies across the street midway between Homewood and the entrance to the Seagate Hamlet entrance. Thus the exterior signage of the Spodak Dental facility does not adversely affect the immediate area across the street as there is nothing there other than the street and the high hedge row. Additionally, due to the proximity of the Spodak Dental facility close to West Atlantic Avenue, and the fact -that a bioswale is situated between the sidewalk and the building, there is really no room for a traditional monument sign at this south exposure. However, even if there were room for such a monument sign on the south exposure, the lush landscaping surrounding the building and bioswale would obscure it. b)The planned exterior.signage does not in any way significantly diminish the©rt-vision of public factilties. The exterior signage placement on the building absolutely does not impinge upon the provision, arrangement,or supply of any public facilities.The signage is on the building and away from any possible interference with the provision of public facilities. c)The planned exterior signage does.not create an unsafe situation. The building exterior signage, in all locations, is securely attached to the building and at least 50 feet away from,and does not over-hang,any pathway, sidewalk, pedestrian or motorized traffic. d)The planned signage does not constitute the gran#of a special privifene„ht tie same waiver would be . ranted under similar circumsta es on other. o f r no era iicant or owner. signage on the east and west facades of the building do not face a dedicated street. However such signage is necessary for potential customers to identify the building as they travel from east to west or west to east approaching the building. This building signage allows-travelers to identify the building from a distance and make the transition for a safe turn into the premises.Without this signage there is a definite risk those looking for the Spodak Dental Group will not see the signage on the south exposure until they are directly in front of the building, and then not have the appropriate timeldistance to make'ai safe entrance into the property. This Gould result in traffic safety issues. Due to the design of the building, its placement on the plot; and the lush landscaping surrounding the entire building (mature trees,fruit trees, shrubs, foliage, bioswales,vegetable and shade gardens), the east, south, and west facades are the only possible locations for signage that would provide any meaningful building/entity recognition of any value.We elected to plant significantly more trees, plants, and shrubs than the required landscaping, and the height of the trees and other foliage to be planted would prevent any visible signage at the rootline.These facades, with the attached signage, have always been integral to the building design and clearly shown on any plans submitted to the 04 for approval. It - is important to note that ftse facades uvere d igned to be architectural walls specifically intended to enhance the esthetics of the building and to provide signage space. They are not parapets added to visibly screen equipment from view. This signage is above the building roof line by design and by necessity. In fact, the architectural concept and design was always to extend the facades...at substantial cost...to accommodate-the building signage that would visibly clear the mature trees and foliage that will be placed around the structure. Under the current building design, including the landscaping that contributes to the building's LEED certification,there is no other location on the east, south, or wmt exposures where signage could be placed that would be seen by the public. Not allowing the signage as depicted in the building plans would cause a certain hardship to the Spodak Dental Group, as we would have a beautiful new facility, state-of-the-art Gold LEED certified building that few people would be able to identify. Based upon the above, The Spodak Dental Group respectfully requests waiver for the planned building signage under LDR Section 14.7(B)(5). 5i rlCOrely, Il c Craig Spodak, DMO -- Spr-%dak DFDICATFD TO YOUR SMILE July 9, 2014 Jennifer Buce Sign Plan Reviewer City of Delray Beach 100 N.W. First Ave. Delray Beach, FL 33444 I Dear Ms.Jennifer Buce; The purpose of this letter is to describe the hardship we are facing due to our existing signage on our newly built Spodak Dental Group facility, located at 3991 W.Atlantic Ave., Delray Beach, FL 33445. Background The recently completed 13,000 square foot facility is a Gold LEED Certified building, and is an environmentally sound, holistic space with lush landscaping that comforts patients and provides an array of environmental benefits. There are many factors that were integral to the overall design and subsequent construction of the building, including,but not limited to, placement on the plot; the elongated shape; the environmentally friendly and lush landscaping surrounding the building, including mature trees,fruit trees,shrubs,foliage, vegetable and shade gardens; bioswales to provide drainage; a dedicated exit and pathway to the Delray Garden Center; and more. Current Situation Specific attention was given to the lush landscaping surrounding the facility, and after growing into the building for the past eight months,we have found that the foliage has developed too much for our east- facing sign. We previously plead hardship(when completing construction)to receive a waiver under LDR Section 2.4.7 (B)(5)to proceed as designed with our exterior signage plans.There was concern regarding the new facility exterior signage on two points: 1.The Spodak Dental Group signage on the east and west facades do not face a dedicated street, and 2. The Spodak Dental Group signage on the east, south and west facades are above the roof line. The purpose of the waiver was to allow us to place a sign on our east-facing building fapade, due to the fact that our frontage is very limited in relation to the depth of our lot and building size_We now realize that the east-facing sign is not visible to our patients traveling from the east.Additionally, we did not account for the increase of trees and shrubbery placed on the part of the Delray Garden Center in an effort to form a landscaping union. We have had countless patients traveling from the east complain to us that the building is very difficult to see, especially when they are traveling at the speed limit of 45 mph. This causes an unsafe experience for our patients as they have to aggressively slow down and make a quick and dangerous turn into the property or cross three busy lanes of traffic to attempt to make the first available U-turn.We severely underestimated the size of the vegetation during the growing phases and propose an additional sign to ensure proper visibility from the road and a safer driving situation for all patients. In light of these unforeseen concerns,we would like to plead hardship so that we may place a monument sign at the south of the property and receive a waiver under LDR Section 2.4.7 (B)(5): a)The addition of a monument sign will not in any way adversely affect the neighboring area 3911 West Atlantic Avenue Delray Beach, FL 33445 T 561.498.0050 F 561.498.0841 www.SPODAKDENTAL.com I Spt--Ndak The Spodak Dental Group facility neighbor to the east is the Delray Garden Center and, as previously mentioned, Spodak Dental Group has made efforts to not only share a neighboring prQPPftl. j)b oy o u p s I L E also increase traffic by encouraging all patients to visit the Center before, during or after their dental appointment. To the west of the building site is an undeveloped site with approximately 400 feet between our facility and the next physical structure,the Weekes &Callaway insurance company. Furthermore, it should be remembered that drivers enter our site through an easement on the vacant lot to the west of our building. The monument sign will not impinge upon or adversely affect the neighboring businesses and, in fact,the new signage may actually assist the businesses in identifying its location to customers/clients as it will serve as a directional "landmark." The primary concern is centered around the lack of signage on the southern exposure of the building. The facility faces West Atlantic Avenue, of which it is set back approximately 50 feet. Across the street from the facility is a hedge, approximately 25 feet high, which belongs to the Seagate Hamlet development. This hedge extends from Homewood to the entrance to the Seagate Hamlet entrance, a distance of approximately a quarter of a mile.The Spodak Dental Group facility lies across the street mid-way between Homewood and the entrance to the Seagate Hamlet entrance and does not adversely affect this immediate area as there is nothing there other than the street and the hedge. When we first requested the waiver for the east and west signage, we believed that a southern signage wouldn't be possible due to the bioswale that is situated between the sidewalk and the building. We are committed to the safe driving habits of our patients and also business visibility and we are prepared to redesign the bioswale to allow for a monument sign. The monument sign would be placed in such a manner that it will be not blocked by any foliage, now or in the future, and the environmental purpose of the bioswale will remain intact. We see,on average, about 100 patients per day, and there is an extreme need for an easily visible sign. You can see from the attached photos how limited the current eastern signage is, how it is blocked by our increasingly large foliage and the Delray Garden Center landscaping, and how this creates an unsafe driving experience for patients who haven't been to the building before and aren't sure what to look for. b)The addition of a monument sign does not, in any way, significantly diminish the provision of public facilities The exterior signage placement absolutely does not impinge upon the provision, arrangement, or supply of any public facilities_The monument sign will be placed on the Spodak Dental Group property and is away from any possible interference with the provision of public facilities_ c) The addition of a monument sign does not create an unsafe situation The monument sign will be securely attached to a foundation on the bounds of the Spodak Dental Group property and will not overhang the nearby sidewalk, pathway, pedestrian or motorized traffic. In actuality, the addition of the monument sign will create a safer situation for patients looking for the entrance to the Spodak Dental Group facility, as the clearly visible sign will warn drivers of their upcoming destination and not force them to make any dangerous and abrupt turns. d) The addition of a monument sign does not constitute the grant of a special privilege that the same waiver would be granted under similar circumstances on other property for another applicant or owner Signage on the east and west facades of the building do not face a dedicated street, and the southern signage is not visible to patients who are looking for the entrance of the building, as it becomes visible only if you're directly in front of the building. The addition of a monument sign is necessary for patients to identify the building as they travel from east to west or from west to east. The monument sign will allow travelers to identify the building from a distance and make the transition for a safe turn into the property. Without this additional sign, there is a definite risk for those looking for the Spodak Dental Group as they will not see the signage on the southern exposure until they are directly in front of the building, and then 3911 West Atlantic Avenue Delray Beach, FL 33445 T 561.498.0050 F 561.498.0841 www.S90DAKDENTAL.cow Spr-ldak not have the appropriate time/distance to make a safe entrance into the property. This monument sign will minimize, if not completely remove,the probability of a traffic issue as patients will havLpdZjpp%�-gfdNP€nip6u R s r, L E for the turn and will not have to make any abrupt stops/turns. Due to the design of the building, its placement on the plot, and the lush landscaping surrounding the entire building(mature trees, fruit trees,shrubs, foliage, bioswales, vegetable and shade gardens)that will only continue to grow, the east, south and west signs are not visible to patients as they drive along Atlantic Avenue at a speed of 45 mph. The signs unfortunately do not serve the purpose for which they were originally intended, and, at the benefit of our patients, an additional monument sign is necessary to provide a building entity recognition of any value. The current signage is above the building roof line by design and fails to accommodate the building signage as it does not visibly clear the mature trees and foliage that were placed around the structure. After realizing this (as we did not take into account the expedited maturation period for the trees and shrubbery),there is no other location on the property where the signage could be placed that would be seen by the public.The Spodak Dental Group will take full responsibility for the redesign of the current bioswale so it still achieves the environmentally sound purpose initially proposed and approved. Not allowing for the addition of a monument sign would cause a certain hardship to the Spodak Dental Group as the beautiful,state-of-the-art Gold LEED certified building would be difficult to identify for all patients traveling to the office. Based on the above information,the Spodak Dental Group respectfully requests a waiver for the addition of a monument sign under LDR Section 2.4.7 (B) (5). Surely, Cra Spodak, DMD 3911 West Atlantic Avenue Delray Beach, FL 33445 T 561.498.0050 F 561.498.0841 www.S90DAKDENTAL.cow f Spr-%dak Photos:All photos were taken as the driver heads west on Atlantic Avenue, at the speed limit of 45 mph. DEDICATED TD YOUR SENILE i i T€ fa+a 2c `` M:°�,� y :, ei 1 de� ra' } 'r b '-' ,z � p k.. Approaching Homewood Boulevard 'i �. .` '' Driving through the intersection of Homewood Boulevard and Atlantic Avenue 3911 West Atlantic Avenue Delray Beach, FL 33445 T 561.498.0050 F 561.498,0841 www.SPODAKDENTAL.cow Spt-%dak DE ATED TO YOUR SMILE Approaching Delray Garden Center ff r i � 1 f f Next to Delray Garden Center, looking for Spodak Dental Group 3911 West Atlantic Avenue Delray Beach, FL 33445 T 561.498,0050 F 561.498.0841 www.S P O D A K D E N TA L.coM Spr-%dak \ r #!EO TO YOUR sR+: � 2 ? y Passing De| er y Garden Center,still looking fors odak Dental Group entrance . . yy . . , e - , », » w©� w» • w+�«© Still cannot wsu a|y| se the entrance in o Spodak Dental Group property 39: WatAtlantic e» Delray Beach, FL 33445 T 561.498.0050 E 561.498.0841 www.SRODAKOENTAL.com ° REVISED, RELOCATED J Q . maa • 0 8 .5;2 PROPOSED EAST ELEVATION z a� cl) g�o z 0 m rory / w o d $5aE W — ax dm O F- Sppdak z 39„ o � a :3 . a 0 g a 0 w 0 t� z 0 F STRUCTURAL.NOTES; ASSEMBLY PER NEC 600-3 GOVERNING CODE:THE STRUCTURAL CALCULATIONS COMPLY WITH THE PROVISIONS OF SECTION SQUARE FOOT CALCULATIONS: 1609.1.1 OF THE 2010 EDITION OF THE FLORIDA BUILDING CODE,AND IN ACCORDANCE WITH THE SIGN IS WITHIN THE SETBACK. CHAPTERS 26-30 OFASCE 7-10(2010 EDITION),USING THE ULTIMATE WIND SPEED OF 165 MPH FOR THE HEIGHT OF THE SIGN IS 5 FEET QR 60' PALM BEACH COUNTY(170 FOR BROWARD AND 175 FOR DADE COUNTIES),AND WHERE THE WIND I THE SGNAGE IS 55.25N 46.61"=17.88 SQUARE FEET MAP VALUES ARE CONVERTED TO THE ASD FORMAT USING V asd=V.Ir(SH Root of.6). THE SGN I5 DOUBLE SIDED ELECTRICAL INFORMATION PROVIDED AS REFERENCE ONLYAND ISTO BE INSTALLED BYA COLOR SCHEDULE: LICENSED CONTRACTOR,NO ENGINEERING CERTIFICATION IS OFFERED WITH ANY ELECTRICAL INFORMATION CONTAINED HEREIN. THE SIGN IS WHITE WITH A STUCCO FINISH ALL STRUCTURAL ALUMINUM IS TO BE TB OR BETTER. THE SIGNAGE FOLLOWS THE LIGHT&DARK BLUES OF ANCHORS.TO BE ITW BUILDER,ELCO TAPCON,POWERS,RAWL,OR MFR,RATED EQUAL, THE"SPODAK DENTAL GROUP"COLORATION 10-ANCHOR DIAMETER SPACING IS REQUIRED BETWEEN ANCHORS AND EDGE OF CONC.MIN, THE STREET NUMBER°3911"WILL BE DARK BLUE IF UNSPECIFIED,A 24"MAX O.C.SPACING OF ANCHORS SHALL BE USED+EACH CORNER. WOOD ANCHORS TO BE NONCORROSIVE GRADE 2 OR GRADE 5 LAG BOLTS OR EQ,q"MIN,ED, ELECTRICAL NOTES: #2 SOUTHERN YELLOW PINE MINIMUM USED IN ALL WOOD CALCULATIONS, ALL ELECTRICAL DESIGN&EXISTING PRIMARY ELECTRICAL IS BY OTHERS&IS THROUGHBOLTS SHALL BE FITTED WITH A V MIN,WASHER&DOUBLE NUT U.N.O. NOTED FOR REFERENCE ONLYAND NOT PART OF THIS CERTIFICATION.WORK MINIMUM EMBEDMENT DEPTH DOES NOT INCLUDE STUCCO,FINISHES,OR SHIM SPACING, SHALL BEAPPROVEDANDINSTALLED BYA LICENSED PROFESSIONAL. STRUCTURAL BOLTS TO BE A•325,GRADE 5.A2"MAX EXPOSED SHANK IS TO BE USED U.K.O. ALL ELECTRICAL COMPONENTS SHALL BE UIL LISTEDAND SHALLCOMPLYWITH HOST STRUCTURE IS BY OTHERS AND SHALL BE DESIGNED TO CARRY LOADS BY PROPOSED SIGN THE GOVERNING EDRION OF THE NATIONAL ELECTRIC CODE IN EFFECTAT THE TIME OF PERMITAPPLICATION.SIGN SHALL BE GROUNDED IN ACCORDANCE THIS ENGINEER HAS NOT VISITED THE]OBSITE.DESIGN IS BASED ON CONTRACTOR SUPPLIED WITH GOVERNING CODES.ALLBREAK TIMING DEVICES SHALLREIDENTIFIED DATA,IF ANY FIELD CONDITIONS THEN SPECIFIED HEREIN,THIS ENGINEER SHALL BE NOTIFIED AT TIME OF INSTALLATION. REMARKS DmN cHK0 DATE �I! on m a I INITISAUE DM MB ;1,4 SIGN*A*RA MAI STATE CERTIFIED t �o REVI IGX DM MBS 7 4 HCJM Q I(/l11 BzAHI I� D GENERAL 15894 -TB62444 264 NW g H /ACE CGC1515R94 •08E2444 �2„ B CA .A 33434 �m N 91 group � �,�. ��sass �o IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST TO INSTALL A MONUMENT SIGN FOR SPODAK DENTAL GROUP 1. This request to install a monument sign has come before the City Commission on November 4, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the monument, or "free-standing", sign request for Spodak Dental Group. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. MONUMENT SIGN: Pursuant to the Design Standard Matrix in LDR Section 4.6.7(E)(7), businesses in buildings that are zoned General Commercial (GC) may have a combination of signs including one wall sign, one directory sign, one projecting sign, one under canopy sign and one free-standing sign, all of which must meet the matrix specifications. Does the request for the monument sign meet the requirements of the Design Standard Matrix in LDR Section 4.6.7(E)(7)? Yes No 3. The City Commission hereby finds that the monument (free-standing) sign request meets the requirements of the Design Standard Matrix in 4.6.7(E)(7) of the Land Development Regulations, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 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 1 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 the monument sign request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4th day of November, 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: Rosanne DeChicchio, Public Information Relations Coordinator Francine Ramaglia, Assistant City Manager THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 RESOLUTION NO.57-14/GRANICUS,INC. BACKGROUND Granicus, Inc. is in the business of developing, licensing and offering for sale various streaming media solutions specializing in Internet broadcast and related support services. On January 16, 2007, Regular Agenda Item 9G was presented to the City Commission: GRANICUS, INC. VIDEO/AUDIO STREAMING - Consider authorizing the City Attorney to draft and the Mayor to execute an agreement with Granicus, Inc. in the total amount of$44,500.00 for video streaming of the City Commission Regular meetings and audio streaming of the Emergency Radio Station. City Commission voted to approve (4-0) and an agreement between the City of Delray Beach and Granicus, Inc. was executed on February 23, 2007. The City entered into proposal discussions with Granicus, Inc. to modify the existing Agreement to include service upgrades (Open Platform/Government Transparency). A Service Agreement was executed between the City of Delray Beach and Granicus, Inc. on November 30, 2012, which included a description of the service upgrades as well as budgetary impact to the City (see attached Granicus, Inc. Service Agreement). The current Service Agreement, which includes automatic renewals, was not brought before the City Commission for consideration/approval. After careful review by the City Attorney's Office, it has been determined that this Agreement does not comply with our current procurement code, which requires at least three (3) written quotations before entering into the Agreement. Staff is currently in the research and development phase to initiate a competitive bid solicitation. DISCUSSION The item before Commission is the approval for the continuation of services with Granicus, Inc. for video/audio streaming of City Commission Meetings, live and archived, and audio streaming of the City's emergency radio station for a period of one (1) year at a rate of $870.00 per month for a total annual cost of$10,440.00. Should Commission approve continuation of services, staff will continue its project to engage in a competitive bid solicitation for vendors that provide video/audio streaming and agenda processing. It is the opinion of staff that combining these services under one vendor will prove to be cost effective, enhance support and present a more user friendly design. Staff estimates the bid process to be completed no later than February 2015, during which time the City may terminate the Granicus, Inc. Service Agreement with or without cause upon sixty(60) days written notice to Granicus. TIMING OF THE REQUEST The Granicus, Inc. Service Agreement, which expires November 30, 2014, shall automatically renew for three (3) additional terms of one (1) year each, unless either party notifies the other in writing at least thirty (30) days prior to such automatic renewal that the party does not wish to renew this Agreement. FUNDING SOURCE Funding is available from the Public Information Office Repair & Maintenance Service/Other Repair/Maint Costs Account 001 1316 512 46.90. RECOMMENDATION Staff recommends approval for continuation of services with Granicus, Inc. RESOLUTION NO. 57-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE CONTINUATION OF SERVICES FOR VIDEO/AUDIO STREAMING OF COMMISSION MEETINGS AND AUDIO STREAMING OF THE CITY'S EMERGENCY RADIO STATION WHILE THE CITY ENGAGES IN A COMPETITIVE BID SOLICITATION; DECLARING BY A FOUR- FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach City Manager's Office seeks approval for the continuation of services with Granicus, Inc. to provide video/audio streaming software and managed services for City Commission Meetings and the City's emergency radio station for a period of no more than twelve months commencing December 1, 2014 at the current rate of$870 per month for a total annual fee of$10,440;and WHEREAS, Granicus, Inc. is in the business of developing, licensing and offering for sale various streaming media solutions specializing in Internet broadcast and related support services, providing such services to the City since 2007, and staff has determined that Granicus, Inc. is the provider to best serve the City's interests while the City engages in a competitive bid solicitation; and WHEREAS, the current Agreement currently in effect with Granicus, Inc., which commenced on November 30, 2012, expires on November 30, 2014 at which time this Agreement allows, at the City's discretion, for the automatic renewal of three (3) additional terms of one (1) year each, unless either party submits written cancellation at least thirty (days) prior to such automatic renewal that the party does not wish to renew this Agreement and also allows that the City, during the renewal period, may terminate the Agreement with or without cause upon sixty (60) days written notice to Granicus, Inc.;and WHEREAS, during the continuation of services period the City will engage in a competitive bid solicitation for vendors that provide combined services of video/audio streaming and agenda processing, with an estimated completion date no later than February 27, 2015,which will be presented to the City Commission for consideration and approval of vendor selection; WHEREAS, utilization of the City's competitive procurement methods for the purchase of video/audio streaming is not practical or cost effective due to the City's immediate need for services to maintain government transparency by providing the public with convenient access to live as well as archived video/audio streaming of City Commission Meetings and audio streaming of the City's emergency radio station; and WHEREAS, Section 36.02(c)(11) 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 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 attached Agreement between the City of Delray Beach and Granicus, Inc., which provides for the uninterrupted continuation of video/audio streaming of City Commission meetings, both live and archived, and audio streaming of the City's emergency radio station, is in the best interest of the City. Section 3. The City Commission of the City of Delray Beach hereby approves the continuation of services with Granicus, Inc., as stipulated in the current service agreement, section 8.1 TERM, at the current rate of $870 per month, attached as "Granicus, Inc. Service Agreement", The renewal period will remain in effect until such time that a competitive bid solicitation is completed and the City will exercise its option to terminate the agreement with or without cause upon sixty (60) days written notice to Granicus, Inc. 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 GRANICUS,INC. SERVICE AGREEMENT THIS SERVICE AGREEMENT (the "Agreement"), dated as of November 30, 2012 (the "Effective Date"), is entered into between Granicus, Inc. ("Granicus"), a California Corporation, and the City of Delray Beach(the"Client"). A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale various streaming media solutions specializing in Internet broadcasting, and related support services; and B. WHEREAS, Granicus desires to provide and Client desires to (i) purchase the Granicus Solution as set forth in the Proposal, which is attached as Exhibit A, and incorporated herein by reference, (ii) continue with Client's existing solution as described in Exhibit A, (iii)use the Granicus Software subject to the terms and conditions set forth in this Agreement, and (iv) contract with Granicus to administer the Granicus Solution through the Managed Services set forth in Exhibit A. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants,representations and warranties herein contained,the parties hereto agree as follows: 1. GRANICUS SOFTWARE AND MANAGED SERVICES 1.1 Software and Services. Subject to the terms and conditions of this Agreement, Granicus will provide Client with the Granicus Software and Managed Services that comprise the Granicus Solution as outlined in Exhibit A. "Managed Services" shall mean the services provided by Granicus to Client as detailed in Exhibit A. "Managed Services Fee" shall mean the monthly cost of the Managed Services,as detailed in Exhibit A. 2. GRANT OF LICENSE. 2.1 Ownership. Granicus, and/or its third party supplier, owns the copyright and/or certain proprietary information protectable by law in the Granicus Software. 2.2 Use. Granicus agrees to provide Client with a revocable, non-transferable and non-exclusive license to access the Granicus Software listed in the Solution Description and a revocable, non-sublicensable, non-transferable and non-exclusive right to use the Granicus Software. All Granicus Software is proprietary to Granicus and protected by intellectual property laws and international intellectual property treaties. Pursuant to this Agreement, Client may use the Granicus Software to perform its own work and work of its customers/constituents. Cancellation of the Client's Managed Services will also result in the immediate termination of the Client's Software license as described in Section 2.2 hereof. 2.3 Limited Warranty; Exclusive Remedies. Subject to Sections 6.1 and 6.2 of this Agreement, Granicus warrants that the Granicus Software, as provided by Granicus, will substantially perform in accordance with its applicable written specifications for as long as the Client pays for and receives Managed Services. Client's sole and exclusive remedy for any breach by Granicus of this warranty is to notify Granicus, with sufficient detail of the nonconformance, and provide Granicus with a reasonable opportunity to correct or replace the defective Granicus Software. Client agrees to comply with Granicus' reasonable instructions with respect to the alleged defective Granicus Software. Page 1 2.4 Limitations. Except for the license in Section 2.2, Granicus retains all ownership and proprietary rights in and to the Granicus Software, and Client is not permitted, and will not assist or permit a third party, to: (a) utilize the Granicus Software in the capacity of a service bureau or on a time share basis; (b) reverse engineer, decompile or otherwise attempt to derive source code from the Granicus Software; (c) provide, disclose, or otherwise make available the Granicus Software, or copies thereof, to any third party; or (d) share, loan, or otherwise allow another Meeting Body, in or outside its jurisdiction, to use the Granicus Software, or copies thereof, except as expressly outlined in the Proposal. Restriction on use by another Meeting Body shall not apply to any meeting of the staff, City Commission or Advisory Boards or Committees of the Client. 3. PAYMENT OF FEES 3.1 Client agrees to pay all costs as outlined in Exhibit A. 3.2 Monthly billing for Managed Services shall begin upon completion of deployment. For Open Platform and Government Transparency Suites, deployment is completed once the software is installed, tested, deemed by Granicus to be ready for Client's use, and good faith attempts have been made by Granicus to have Client training completed. Client will be invoiced a pro-rated amount for the new Managed Services from the deployment completion date through the end of the month. Thereafter, Client will be billed monthly. 3.3 Client agrees to pay all invoices from Granicus within thirty(30)days of receipt of invoice, provided that Client agrees to pay the Managed Services Fee to Granicus on a monthly basis,no later than the first day of each month in advance of services. Granicus, Inc. shall send all invoices to: Name: City of Delray Beach Title: City Manager's Office Address: 100 NW 1"Avenue Delray Beach,FL 33444 3.4 Upon renewal of this Agreement, Granicus may include (in which case Client agrees to pay) a maximum increase of the Consumer Price Index for All Urban Consumers (CPI- U)percentage rate for the preceding twelve (12)months as of April of the current year(as found at The Bureau of Labor and Statistics website hM://www.bls.gov/CPIs or three(3)percent a year on Client's Managed Services Fee,whichever is less. 3.5 Training Cancellation Policies. Granicus' policies on Client cancellation of scheduled trainings are as follows: (a) Onsite Training. For any cancellations within forty-eight(48)hours of the scheduled onsite training, Granicus, at its sole discretion, may invoice the Client for one hundred (100) percent of the purchased training costs and all travel expenses, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. (b) Online Training. For any cancellations within twenty-four (24)hours of the scheduled online training, Granicus, at its sole discretion, may invoice the Client for fifty (50) percent of the purchased training costs, including any incurred third party Page 2 cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. 3.6 Additions. Granicus, at its' sole discretion, may add features or functionality to existing product suite bundles for various reasons, including to enhance Granicus' offerings, or improve user satisfaction. During the initial period of this Agreement,the customer understands that the use of these additional products is included in the originally agreed upon monthly managed services fees. At contract renewal, the customer acknowledges that this added functionality may have additional monthly managed service charges associated with it and that monthly managed services rates on renewals may have a higher rate than preceding years. Customer will be provided with a minimum of ninety(90) days written notice prior to contract renewal for any increases to monthly managed service charges due to added features or functionality. 3.7 Customer Sup op . At no additional fee, Granicus will use commercially reasonable efforts to provide Client with reasonable telephone or e-mail technical support•twenty- four(24) hours a day, seven (7) days a week, via the office and after hours customer support lines and email address. Support information is listed in Exhibit B. Additional support of software enhancements or modifications may be requested by Client subject to Client's payment to Granicus of additional fees. 4. CONTENT PROVIDED TO GRANICUS 4.1 Responsibility for Content The Client shall have sole control and responsibility o-,er the determination of which data and information shall be included in the Content that is to be transmitted, including, if applicable, the determination of which cameras and microphones shall be operational at any particular time and at any particular location. However, Granicus has the right (but not the obligation) to remove any Content that Granicus believes violates any applicable law or this Agreement. 4.2 Restrictions. Client shall not provide Granicus with any Content that: (i)infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii)violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control and e-mail/spam; (iii)is defamatory or trade libelous; (iv)is pornographic or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes unlawful content or activity; (v) contains any viruses, or any other similar software, data, or programs that may damage, detrimentally interfere with, intercept, or expropriate any system, data, information,or property of another. 5. TRADEMARK OWNERSHIP. Granicus and Client's Trademarks are listed in the Trademark Information exhibit attached as Exhibit D. 5.1 Each Party shall retain all right, title and interest in and to their own Trademarks, including any goodwill associated therewith, subject to the limited license granted to the Client pursuant to Section 2 hereof. Upon any termination of this Agreement, each Party's right to use the other Party's Trademarks pursuant to this Section 5 terminates. 5.2 Each party grants' to the other a non-exclusive, non-transferable (other than as provided in Section 5 hereof), limited license to use the other party's Trademarks as is reasonably necessary to perform its obligations under this Agreement,provided that any promotional materials Page 3 containing the other parry's trademarks shall be subject to the prior written approval of such other party,which approval shall not be unreasonably withheld. 6. LIMITATION OF LIABILITY 6.1 Warranty Disclaimer. Except as expressly provided herein, Granicus' services, software and deliverables are provided"as is"and Granicus expressly disclaims any and all express or implied warranties, including but not limited to implied warranties of merchantability, non- infringement of third party rights, and fitness for a particular purpose. Granicus does not warrant that access to or use of its software or services will be uninterrupted or error free. In the event of any interruption, Granicus' sole obligation shall be to use commercially reasonable efforts to restore access. 6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law, Granicus and its suppliers and licensors shall not be liable for any indirect, special, incidental, consequential, or punitive damages, whether foreseeable or not, including but not limited to: those arising out of access to or inability to access the services, software, content, or related technical support; damages or costs relating to the loss of: profits or revenues, goodwill, data(including loss of use or of data, loss or inaccuracy or corruption of data); or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages and even in the event of the failure of any exclusive remedy. In no event will Granicus' and its suppliers' and licensors' liability exceed the amounts paid by client under this agreement regardless of the form of the claim (including without limitation, any contract, product liability, or tort claim (including negligence, statutory or otherwise). 7. CONFIDENTIAL INFORMATION&OWNERSHIP. 7.1 Confidentiality Obligations. Each party agrees to keep confidential and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information, subject to applicable Florida public record laws. 7.2 Exceptions. The obligations of this Section 7 shall not apply with respect to any particular portion of the Confidential Information if receiving party can prove by appropriate documentation that such Confidential Information (i) was known to the receiving party as shown by the receiving party's files at the time of disclosure thereof, (ii)was already in the public domain at the time of the disclosure thereof, (iii) entered the public domain through no action of the receiving party subsequent to the time of the disclosure thereof, or (iv) is required by law or government order to be disclosed by the receiving party. 7.3 Contract Use Disclosure. The terms and conditions of this Agreement may be used by either party to disclose the terms and conditions to other local agencies in an effort to exhibit the following: the terms and conditions as fair and reasonable, or to determine the best value, or for marketing purposes, or to further business development. 8. TERM 8.1 The term of this Agreement shall commence on the date hereof and shall continue in full force and effect for twenty-four (24) months after the date hereof. This Agreement shall automatically renew for an additional three (3) terms of one (1) year each, unless either party notifies the other in writing at least thirty (30) days prior to such automatic renewal that the party does not wish to renew this Agreement. Page 4 After an initial one(1)year period,Client may terminate this Agreement with or without cause upon sixty(60)days written notice to Granicus. 8.2 Rights Upon Termination Upon any expiration or termination of this Agreement, and unless otherwise expressly provided in an exhibit to this Agreement: (a) Client's right to access or use the Granicus Solution, including Granicus Software,terminates and Granicus has no further obligation to provide any services; (b) Client has the right to keep any purchased hardware, provided that Client removes and/or uninstalls any Granicus Software on such hardware. However, if Client has received hardware as part of a Granicus Open Platform Suite solution("Open Platform Hardware"), Client understands that upon termination of this Agreement, Client shall immediately return the Open Platform Hardware to Granicus, Inc. The Open Platform Hardware must be returned within fifteen (15) days of termination, and must be in substantially the same condition as when originally shipped, subject only to normal wear and tear, and (c) Client shall immediately return the Granicus Software and all copies thereof to Granicus, and within thirty (30) days of termination, Client shall deliver a written certification to Granicus certifying that it no longer has custody of any copies of the Granicus Software. 8.3 Obligations Upon Termination. Upon any termination of this Agreement, (a) the parties shall remain responsible for any payments that have become due and owing up to the effective date of termination; (b) the provisions of 2.1, 2.4, 3, 4, 5, 6.1, 6.2, 7, 8.3, and 10 of the agreement, and applicable provisions of the Exhibits intended to survive, shall survive termination of this Agreement and continue in full force and effect; (c) pursuant to the Termination or Expiration Options Regarding Content, as described in Exhibit E, Granicus shall allow the Client limited access to the Client's Content, including, but not limited to, all video recordings, timestamps, indices, and cross- referenced documentation. The Client shall also have the option to order hard copies of the Content in the form of compact discs or other equivalent format; and (d) Granicus has the right to delete Content within sixty (60) days of the expiration or termination of this Agreement. 9. PATENT, COPYRIGHT AND TRADE SECRET INFRINGEMENT 9.1 Granicus' Options. If the Granicus Software becomes, or in Granicus' opinion is likely to become, the subject of an infringement claim, Granicus may, at its option and sole discretion, (i) obtain for Client the right to continue to use the Granicus Software as provided in this Agreement; (ii) replace the Granicus Software with another software product that provides similar.functionality; or (iii) if Granicus determines that neither of the foregoing options are reasonably available, Granicus may cease providing the applicable services or require that Client cease use of and destroy the Granicus Software. In that event, and provided that Client returns or destroys (and certify to such destruction of) all copies of the Granicus Software in Client's Page 5 possession or control, if any, Granicus will refund to Client all license fees paid by Client under the current Agreement. 10. MISCELLANEOUS. 10.1 Amendment and Waiver. This Agreement may be amended, modified, waived or canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Any failure by either party to strictly enforce any provision of this Agreement will not be a waiver of that provision or any further default. 10.2 Governing Law. The laws of the State of Florida shall govern the validity, construction,and performance of this Agreement,without regard to its conflict of law principles. 10.3 Construction and Severability. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect. 10.4 Independent Contractors. The parties are independent contractors, and no other relationship is intended by this Agreement. 10.5 Force Majeure. Other than payment obligations, neither party is responsible for any delay or failure in performance if caused by any event outside the reasonable control of the party, including without limitation acts of God,government regulations, shortage of supplies, act of war,act of terrorism, earthquake, or electrical,internet or telecommunications outage. 10.6 Closed Captioning; Services. Client and Granicus may agree that closed captioning or transcription services will be provided by a third party under this agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such independent third party. [The remainder of this page left blank intentionally] Page 6 This Agreement consists of this Service Agreement as well as the following exhibits,which are incorporated herein by reference as indicated: Exhibit A: Proposal and Current Solution Exhibit B: Support Information Exhibit C: Hardware Exhibit Exhibit D: Trademark Information Exhibit E: Termination or Expiration Options Regarding Content IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, GRANICUS,INC. Y Approved as to form and Legal sufficien Ed Roshitsh By: .: Its: President C' Attorney f Address: 600 Harrison Street, Suite 120 San Francisco, CA 94107 CITY OF, ,hIELRAY BEACH - J -77 k���� Name: David T_ Harden Its: Cify Manager Address: 100 NW I'Avenue Delray Beach,FL 33444 Date: Page 7 EXHIBIT A PROPOSAL AND CURRENT SOLUTION [The remainder of this page is left blank intentionally.] Page 8 granicus. Proposal for the rity of 1%0 Delray Beach, Ftorida .V Granicus Open Platform and Government Transparency Suites - I r n j Proposal presented to: Dc Bias Smith Assistant City Manager City of Delray Beach, Florida November 2012 P ) granicus. _ _ _ P1 a tJosc.i _ CC:11SA i,ihlF gp V.:f.T i[? 7i i_ November 30th, 2012 Dear Mr. Smith, Thank you for considering Granicus, we're excited to support your equipment replacement needs and your mobile streaming initiatives. It has been a pleasure to work with the City of Delray Beach over these past five years and we look forward to continuing our rewarding, long-term relationship with you. This project is going o... • Replace existing equipment with a fully managed Granicus Encoding Appliance Enable live and on demand mobile streaming architecture e Increase overall video quality with increased bit rate streaming F Offer downloadable media formats • Provide Enterprise licensing for the Granicus iLegislate application Provide the latest Granicus technology with a conversion to the Open Platform and Government Transparency Suites • License the City of Delray Beach for unlimited content and indefinite retention On the following few pages, you will find a breakdown of the proposed solution, some of our key differentiators, detailed pricing, and a checklist that outlines our next steps. Most Sincerely, Cl11_ri s- Christopher D. Voorhees Account Manager 415 357 3618 x 1166 Granicus, Inc. 2 600 Harrison Street,Suite 120,San Francism, 0' _ V! -C it o o Q E E D Q a r- 0 0 o 0 ci Q o m r+ co (D �t ` o L L a�i f o °o, p L6 0 U 'a � ni O a) � aj v an �` a- bD Q Q O c-i N L 41 X +' '. ;.4 r a] c O m p m 0 ru sn (II U p O L o � 3 a M U Q 0 Ln `n o U �, _U i Q C > o u N LA v N ai tio i a) C n v +' a ai C O m + O �_ Y O [Ca O cu O O _fu 4- aJ -a ° a c ° O m >- O w y E O G s +- N (O ` m tw \ DD E + N ? u O O b N m CL y \ 'n O I7 O -6 O c ta 4° m o00 `n O E u +' ai ho C C ° i Op � N Ll Q1 E 0. f fa C 4- a Q M 4-J [6 — m 2 fNO -C Q 1 E � $ O J n A 4.1 C14 LA Ln r_ aD P O of N i tv� a c = = a O ru C +J d u ,Q a f° E ai m w m w c x am x Q V n CJ u Q v1 aJ > 'a u 3 vOi m v O y O n O i aJ Q Q al 7 aJ O 4-1 -� CU . +t a� o E O U u .2 O a rn O a a Q cn E �y E a C o c CL L o W y 0 V � x�, granicus. � Granicus 10, Open PI(atform The Granicus® Open Platform is the cloud-based foundation for all Granicus applications. It allows government organizations to manage and store an unlimited amount government public meeting data. It is the core of our content management, administration and distribution tools and includes free access to our APIs and SDKs, helping you seamlessly connect your Granicus solution to systems in place. The Granicus Platform includes the ability tc upload and publish content including videos and documents. Click here for more ini'ormation on the Granicus Open Platform. • Unlimited content storage and distribution • Open architecture and SDK • Archived video editing and indexing • CiL-;zen web portal • Live and on-demand streaming to mobile devices Granicus@ MediaManager MediaManager is the cloud-based foundation for all Granicus applications. It allows government organizations to manage and store an unlimited amount of public meeting data. This foundation also includes the core of our content management, administration and distribution tools that are leveraged in each of our suites. The Granicus infrastructure includes free access to our APIs and SDKs to help you seamlessly connect your Granicus solution to systems in place at your organization. Granicuso Open Flatfol m Encoding Appliance The Granicus Encoding Appliance is designed and built to provide government organizations with a complete streaming solution. Each pre-configured appliance is delivered ready to stream. Simply connect power, network and an audio/video source. Full appliance control is available through a web browser or locally installed client application. The Granicus Encoding Appliance can be configured to store up to 500 GB of your most recent archived content. Standard encoding bit rates use approximately 1 GB of disk space for every 4 hours of content. Granicus Cloud Storage is unlimited. 4 WWW._RMMM5.CaM Mrarrisan Stjtet, Suite 120,San Francimca. CA 94107 a (415)357-3618 granicus. Proposca t Granicus uses pull streaming which requires a routable static public IP address and an inbound conrection over TCP port 8080 (configurable) that gets forwarded to the Ap !iance. Streaming at standard bitrates requires 60GKbps upstream. In addiion to a single stream to Granicus for unlimited public vie-wing, the Appliance is capable of providing local live and ors-demand Unicast streaming for up to 50 internal viewers. All initial viewing requests are made on a Granicus hosted web page which examines the public IP address of the request. Viewers that are determined+ to be public, or outside the local network, are served the stream directly by Granicus and internal viewers are transparently redirected to the Appliance on the local network. For organizations that need t_- support more than 50 concurrent streams, Granicus offers the Performance Accelerator which moves the local distribution components on to a dedicated to internal streaming device. G ovei~nme,�t TransparenIcy Suite The Government Transparency Suite gives your citizens greater access to public meetings and records online. Take the next step towards transparency and stream meetings and events live, link related documents to your video and provide advanced searching of archives. The Government Transparency Suite gives you unlimited cloud bandwidth and storage as well as local live and on-demand streaming for up to 50 concurrent viewers. This Suite also allows you to connect agenda data to the Wad to review agendas and supporting documents,take notes and more through the iLegislate application. Click here for more information on the Government Transparency Suite. ■ Stream unlimited meeting bodies and events live M • Intelligent media routing '�"'"vtueKvu •- > ,.�,._... ■ Index video in real-time and link to relevant materials • Build reports and analytics on visitor trends ■ Electronic agenda syncing to the Wad Offer downloadable media formats v� 5 .W Harrisun Weet,Suite 12D.San Frarxism,M94107 granicus. __._. _ r c p o s a� iv, j I vV Granicus provides a comprehensive Managed Services package with every solution to ensure long- lasting success with our tech,iologies while maxi,nizing your solution's performance. Our full! managed and hosted infrastructure offers unlimited bandwidth, storage and the highest security standards of your data through a cloud-based platform. Our remote, proactive systems monitoring gua antees faster response L'ime, predicts problems before they arise, and helps reduce the cost of IT support and maintenance. The Granicus 'earn works around-the-clock to ensure your applications are protected and operating smoothly. You also receive continual access to advanced learning tools and the Bands-on support, knowledge, and expertise of our skilled Support Engineers and Customer Advocacy professionals. 6 600 - ti)granicus. o saa ' C y 1 E R j E nl 00 u o` C ° c .a c act _ m Professional Services 0 o d a Oa 01= ua Zu"a a2 Elir 1 Encoding Appliance • • • One-time installation of an on-premise unified encoding and storage appliance. Hosted Web-Based Application • • ~• —• + Activation of a hosted media and content management application. Agenda Parser • • • Installation of the agenda parser to read and M parse documents autom,.tically. eeting Softw_ _are �^ • — -� Local installation of software in meeting 1 chambers to boost minutes efficiency. + Application installation to live broadcast text Public Display • displays of meeting actions In-person, ! online,or over TV. Touch-screens Local installation of touch-screen monitors • and applications in meeting chambers . Workflow Assessment i • ! • Careful workflow review and software -- — -. — configuration. Workflow Implementation • • Hands-on guidance and support to ensure - -- — — smooth and successful user adoption. - j Onsite Training and Meeting Support f Y Day/ s Day/ On-premise support and^mentorship to 1 MB* Sys Admin guide users during a live meeting. Self-Paced Online • • • 1 • • On-demand online training courses accessible anytime,anywhere. iInstructor-led Online TrainingSeries ! 6 hrs/ _ 12 hrs/ 5 Day Live online training led by a training 8 Users 1 MB Combo w, professional in a classroom environment: I Onsite Training and Meeting Support 1.5 Day/ S Day Intensive hands-on training at the clients' 1 MB" ;:o;noo w/ location to address unique user needs. Online v Standard Website Integration + Standard media player and media portal embedded into customer's branded website. Customized Website Integration Custom design and integration of a media • • • player and media portal to match the look + _ _- -_---.— .__-_. —_ and feel_ofthe customer's branded website. Legislative Portal Website Integration ? Standard portal for legislative information i i • that matches the look and feel of customer's branded website. Document Assessment Analysis of current document layouts to F • • • ensure content importing and management I is successful. Customized Agenda Template _ Development of an HTML agenda template • ! • to support indexing, search, and electronic I comments. Customized Minutes Template Development of a minutes template in • HTML or Microsoft Word to support video I ' Standard Reports • Standardized report tem latP agendas for a ndas and minutes. Public Display Template — • Configuration including graphics, colors, fonts,and standard text elements. 7 600 HarriSan r ■ CA 94107 i granicus. !I�1- ! • World's most experienced provider of government t,•ansparency, citizen participation, meeting efficiency, and legislative management solutions with: • Over 9C0 cleni:s in all 50 states,at every level of government • Over 31 million government webcasts viewed • More than 265,350 government meetings online • First fully integrated legislative workflow management system for local government • Open API architecture and SDK alloy for seamless integrations with systems already in place r Certified integrations provide flexibility and choice of agenda workflow solutions • Exclusive provider of a native Pad application that alloys users to review agendas and supporting materials, bookmark and take notes on items, as well as stream archived videos • Only government webcastin service to provide encoding, minutes annotation, transcription, end closed captioning services • Truly unlimited storage and distribution for all meeting bodies and non-meeting content • Indefinite retention schedules for all archived meeting and non-meeting content • Only provider of both government webcasting and citizen engagement services • 24/7/365 customer service and support • 97%customer satisfaction rating, 98,5%client retention rating • One of the 100 companies that matter most in online video by Streaming Media magazine • Ranked 185 on Deloitte 500 fastest growing companies ■ Ranked 419 on Inc 500 fastest growing companies s Client Success stories are available here: http://www.granicus.com/Clients/Case-Studies.aspx 8 www-grar�cus.com a 600 Harrison SLreeL,Suite In,San Frandsco, CA 9-4107 v (415)357-3618 EXHIBIT B SUPPORT INFORMATION 1. Contact Information. The support staff at Granicus may be contacted by the Client at its mailing address,general and support-only telephone numbers,and via e-mail or the Internet. (a) Mailing Address. Mail may be sent to the support staff at Granicus headquarters, located at 568 Howard Street, Suite 300, San Francisco, California,94105. (b) Telephone Numbers. Office staff may be reached from 8:00 AM to 7:00 PM Pacific time at(415)357-3618 or toll-free at(877) 889-5495. The technical support staff may be reached at(415)357-3618 opt 1 from 5:00 AM to 6:00 PM Pacific time. After hours or in case of a technical support emergency, the support staff may be reached at (415) 655-2414, twenty-four (24)hours a day, seven(7)days a week. (c) Internet and E-mail Contact Information. The website for Granicus is htlp://www.w-anicus.com. E-mail may be sent to the support staff at sgpl2ort@granicus.com. 2. Recognized Client Representatives. Granicus strives to provide unparalleled support to its Clients by ensuring that Client staff is properly educated and is prepared to maximize its Granicus Solution. Any Client Representative who wishes to participate and receive Granicus customer advocacy services shall participate in and complete the training program that is suited for the Granicus Solution. Once a Client Representative completes the training, that Representative will be recognized in Granicus' internal system as qualified to receive support and ongoing education services. All Client Representatives are eligible to receive technical support services,regardless of participation in the training program. 3. Support Policv. When Granicus receives notification of an issue from Client, a Granicus account manager or technical support engineer will respond directly to the Client via phone or e-mail with (a) an assessment of the issue, (b) an estimated time for resolution, and (c) will be actively working to resolve the issue as appropriate for the type of issue. Notification shall be the documented time that Granicus receives the Client's call or e-mail notifying Granicus of an issue or the documented time that Granicus notifies Client there is an issue. Granicus reserves the right to modify its support and maintenance policies, as applicable to its customers and licensees generally, from time to time,upon reasonable notice. 4. Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will not be counted as downtime. Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance. Granicus will provide the Client with at least two (2) days prior notice for any scheduled maintenance. All system maintenance will only be performed during these times, except in the case of an emergency. In the case that emergency maintenance is required,the Client will be provided as much advance notice, if any, as possible under the circumstances. Every effort shall be made to arrange scheduled maintenance so that it does not interfere with Client's live streaming events. 5. Software Enhancements or Modifications. The Client may, from time to time, request that Granicus incorporate certain features, enhancements or modifications into the licensed Granicus Software. Subject to the terms and conditions to this exhibit and the Service Agreement, Granicus and Client will use commercially reasonable efforts to perform all tasks in the Statement of Work ("SOW"). Upon the Client's request for such enhancements/modifications, the Client shall prepare a SOW for the specific project that shall define in detail the Services to be performed. Each such SOW signed by both Page 9 - parties is deemed incorporated in this exhibit by reference. Granicus shall submit a cost proposal including all costs pertaining to furnishing the Client with the enhancements/modifications. 5.1 Documentation. After the SOW has been executed by each party, a detailed requirements and detailed design document shall be submitted illustrating the complete financial terms that govern the SOW, proposed project staffing, anticipated project schedule, and other information relevant to the project. Such enhancements or modifications shall become part of the licensed Granicus Software. 5.2 Acce tance. Client understands that all work contemplated by this exhibit is on a"time- and-materials" basis unless otherwise stated in the SOW. Within ten (10) business days of Granicus' completion of the milestones specked in the SOW and delivery of the applicable enhancement/modification to Client, Client will provide Granicus with written notice of its acceptance or rejection of the enhancement/modification, based on the acceptance criteria set forth in the SOW. Client agrees that it will not reject any enhancement/modification so long as it substantially complies with the acceptance criteria. 5.3 Title to Modifications. All such modifications or enhancements shall be the sole property of the Granicus. 6. Limitation of Liability;Exclusive Remedy. IN THE EVENT OF ANY INTERRUPTION, GRANICUS' SOLE OBLIGATION,AND CLIENT'S EXCLUSIVE REMEDY, SHALL BE FOR GRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS AS SOON AS REASONABLY POSSIBLE. [End of Support Information] Page 10 EXMBIT C GRANICUS,INC. HARDWARE EXHIBIT THIS HARDWARE EXHIBIT is entered into by Granicus and Client, as an attachment to the Service Agreement between Granicus and Client, for the hardware components of the Granicus Solution (the "Hardware")provided by Granicus to Client. This exhibit is an additional part of the Service Agreement and is incorporated therein by reference. Capitalized terms used but not defined in this exhibit have the meanings given in the Service Agreement. 1. Price. The price for the Hardware shall be the price specified in the Proposal. 2. Delivery. Any scheduled ship date quoted is approximate and not the essence of this exhibit. Granicus will select the shipment method unless otherwise mutually agreed in writing. Granicus retains title to the Hardware. Granicus retains title to and ownership of all Granicus Software installed by Granicus on the Hardware,notwithstanding the use of the term"sale"or"purchase." 3. Acceptance. Use of the Hardware by Client, its agents, employees or licensees, or the failure by Client to reject the Hardware within fifteen (15) days following delivery of the Hardware, constitutes Client's acceptance. Client may only reject the Hardware if the Hardware does not conform to the applicable written specifications. 4. Service Response Time. For Hardware issues requiring replacement, Granicus shall respond (via written or verbal acknowledgment) to the request made by the Client within twenty-four (24) hours. If confirmed by Granicus that Hardware requires replacement, Granicus will deliver replacement hardware directly to the Client after such confirmation via overnight shipping. The Hardware and software will be configured to the original specs of the client. Once the Hardware is received Client's responsibilities will include: a. Mount server on client rack(if applicable) b. Connecting original network cables. c. Connecting original audio and video cables(if applicable). 5. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING THE MAINTENANCE PROVIDED UNDER SECTION 7 BELOW, GRANICUS DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT, WITH RESPECT TO THE HARDWARE. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF GRANICUS. 6. LEMTATION OF LIABILITY. GRANICUS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS EXHIBIT INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT WILL GRANICUS' LIABILITY TO CLIENT ARISING OUT OF OR RELATING TO THIS EXHIBIT EXCEED THE AMOUNT OF THE PRICE PAID TO GRANICUS BY CLIENT FOR THE HARDWARE. Page 11 7. Managed Hardware. In the event of malfunction for Managed Hardware provided by Granicus, Granicus Hardware that is maintained as part of a managed Open Platform service will be repaired or replaced as part of the managed services as long as Client is current with Client's monthly subscription payment. The key features of the Managed Hardware are as follows: • Robust support for hardware, O/S, and applications • 7x24x365 phone, chat and email support from certified experts • In the event of Hardware failure, Granicus will deliver overnight replacement hardware directly to the Client. Escalation management. Granicus provides the above mentioned services under Client's acknowledgment that all Granicus tools, and systems will be installed by the manufacturer chosen by Granicus within the Managed Hardware,provided to the client. These software tools have been qualified by Granicus to allow the highest level of service for the client. While it is Granicus' intention to provide all Clients with the same level of customer care and warranty, should the Client decline these recommended tools, certain levels of service and warranty may not be guaranteed. S. Purchased Hardware Warranty. For Hardware purchased from Granicus by Client, Granicus will provide to Client any warranty provided by the manufacturer with respect to the Hardware. Granicus shall repair or replace any Hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials as long as such Hardware is then under the manufacturer's warranty. 9. Use of Non-Approved Hardware. The Granicus platform is designed and rigorously tested based on Granicus-approved Hardware. In order to provide the highest level of support, Granicus requires the use of Granicus-approved Hardware in your solution. While it is Granicus' intention to provide all clients with the same level of customer care and continuous software upgrades, Granicus does not make any guarantees whatsoever in the event Client uses non-approved hardware. 10. Client Changes to Managed Hardware Prohibited. In the event changes are made by Client to the managed hardware without the approval of Granicus, Granicus may charge Client a one-time fee of two hundred fifty ($250.00) dollars to restore the system back to standard settings. Such changes may include, but are not limited to: operating system level changes;third party software installations; changes to Granicus software, and/or configurations; and/or changes to third party system and/or network monitoring tools. [end of Hardware Exhibit] Page 12 EXMBIT D TRADEMARK INFORMATION Granicus Registered Trademarks granicus- Granicus logo as a mark Granicus® MediaVaule Mobile Encoder® Outcast Encoder® StreamReplicatoe Granicus Trademark Names TM Integrated Public RecordTm Intelligent Routing' LinkedMinutesTM LiveManager"m MediaCenter MediaManager,. MeetingMemberTm MeetingServerTm Simulcast Encoder" VoteCast"" VoteCast"m Classic VoteCastTm Touch Client Trademarks Page - - 13 EXHIBIT E TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT In case of termination by Client or expiration of the Service Agreement, Granicus and the Client shall work together to provide the Client with a copy of its Content. The Client shall have the option to choose one (1) of the following methods to obtain a copy of its Content: • Option 1: Video/Audio files made available through optional media: data CD, external hard drive, or Granicus provided FTP site. A CSV, XML, and/or database file will be included providing clip information, and/or legislative content. If Client supplies the external hard drive, this option shall be provided free of charge. • Option 2: Provide the Content via download from MediaManager or from a special site created by Granicus. This option shall be provided free of charge. • Option 3: Granicus shall provide the means to pull the content using the Granicus Application Programming Interface. This option shall be provided free of charge. The Client and Granicus shall work together and make their best efforts to transfer the Content within the sixty(60) day termination period. Granicus has the right to delete Content from its services after sixty(60) days. Page 14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: October 23, 2014 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 CONSULTANT SERVICES FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES RFP BACKGROUND The City Commission previously authorized the engagement of David Dee to assist with drafting the RFP and Franchise Agreement for the Solid Waste and Recycling Collection RFP. Mr. Dee is a recognized expert in the State of Florida on solid waste issues and respected industry wide. In addition to drafting the RFP and Franchise Agreement, the City Manager and this office asked Mr. Dee to be present at the pre-bid conference and assist in reviewing responses to vendor questions. The City Manager and staff have requested that Mr. Dee remain available as a consultant to the City as the procurement process is fmalized. Next steps include bid opening and vendor selection. Mr. Dee provides both expertise and impartiality as the RFP progresses. The mandatory pre-bid conference was held on October 15, responses to vendor questions are due October 22, and vendor proposals are due November 7. The selection committee is expected to meet soon thereafter with contract award in December or January. Mr. Dee has exhausted his initial budget which was established for the drafting and review of the RFP and Franchise Agreement. The additional services for the pre-bid conference, vendor questions, and vendor selection are not expected to exceed$20,000. The City Attorney and City Manager are recommending the City increase Mr. Dee's budget to include these additional services. FINANCIAL DEPARTMENT REVIEW The Finance department concurs with the City Attorney's recommendation. DISCUSSION The item before you is to approve a budget not too exceed an additional $20,000 for Mr. David Dee to fmalize the award of the Solid Waste and Recycling Collection Services RFP for the reasons discussed. RECOMMENDATION The City Attorney recommends approval. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH KONICA MINOLTA BUSINESS SOLUTIONS BACKGROUND The City currently acquires copiers and related services using multi-year lease agreements managed by the City's purchasing department. The underlying pricing is based on Florida State Contract#600-000- 11-1 which guarantees the lowest price that meets specific equipment and service specifications. FY 2015 spending is budgeted at$60,000, comprised of 25 transactions with average amount of$2,500. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for copier services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of copiers and related services from Konica Minolta Business Solutions not to exceed $60,000, and further fmds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supp... Page 1 of 3 Department of Management Services Florida Department of Management Services > Business Qperations > State Purchasing > Vendor Znformati_on > State Contracts and Agreements > State Term Contracts > Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services << Return Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services600-000-11-1 Effective Period 08/04/2010 through 08/03/2015 Contract Type State Term Contract Contract Contractors Information Price sheets Microsoft Word '' 623.00 KB) PDF (: 1.79 MB) Amendments and Memorandums Contract Farms and Other Information Documents TIPS - Product Change Request:(.:::_; 15.83 KB) TIPS - Reseiler Add Request (ir' 15.48 KB) Product Chan-q.e-Request form ( '' 634.00 KB) Reseller Add Request (:.iii 27.50 KB) Contract Brian Leger • 850-410-0978 Administration. Brian,IeaerCms.myflorida.c.om 600-340, 600-350, 600-360, 600-380, 600-580, 600-761, 600-762, 600-763, Commodity 600-765, 600-766, 600-772, 600.774, UNSPSC-44101503, UNSPSC-44101500, Codes UNSPSC-44102106, UNSPSC-43212100, UNSPSC-43212110, UNSPSC- 43211700 Description Contract vehicle for the lease or purchase of multifunction copiers, multifunction printers, and printers, and for the purchase of scanners and facsimile (fax) machines. Benefits Greater selection in products and maintenance plan over previous State Terre Contract. Monthly, bi-Monthly, or quarterly billing options. Document reader download links • '', MS Word Viewer • = Adobe PDF Reader • i0!'MS Excel Viewer http://www.dms.myflorida.com/b4siness_operations/state�u:chasing/vendor_informatio... 10/24/2014 Contractors / Multifunction Products, Printers, Facsimile Equipment, Scanners, Related S... Page I of 3 A Department of Management Services Florida Department of Management Services > Business D erations > State Purchasing > Vendor Information > State Contracts and Agree_ments > State Term Contracts > Multifunction Products, Prir_ters,_ Facsimile Equipment, Scanners, Related Software, Supplies, and Services > Contractors << Return Multifunction Products,, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services600-000-11-1 Contractors Florida CBE Climate Recycled Utilizes Coverage Name Code Friendly products Authorized Area Preferred Resellers Products Canon U.S.A., Inc. IA - Non- Yes No I Yes Statewide Minority Konica Minolta Business A - Non- Not Specified Not Yes Statewide Solutions USA, Inc. Minority Specified Kyocera Document A - Non- Not Solutions America. Inc, (Minority Not Specified I Specified Yes Statewide Lexmark International, A - Non- Not Inc. Minority Not Specified Specified I Yes Statewide Oc6 North America Document Priniin_q A - Non- Not Specified Not No Statewide Systems Minority Specified PCMG Inc. fformerly PC A - Non- Not Mall Gou,..I,nc.) (Minority Not Specified I Specified No Statewide Oualpath, Inc. IMinority A - Non- Not Specified Not No Statewide Specified Shams Electronics A - Non- Not Cor-poration Minority I Not Specified I Specified Na Statewide Toshiba America Business A - Non- Not Salutions. Inc. (Minority Not Specified Specified Yes Statewide United .Snleations A - Non- Yes No I No Statewide : a;ny Minority Xerox Corporation 1 A - Non- Not Specified Not No I Statewide `Minority Specified http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_informatio... 10/24/2014 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH OFFICE DEPOT BACKGROUND Acquisitions of office supplies and equipment are made directly by all departments with Office Depot under a contract based on the State of Florida Department of Management Services Contract 618-000- 11-1 covering office and educational consumables. In FY 2014, there were approximately 1,250 transactions with total spending of $100,733. The average transaction was for less than $80.00; the highest single transaction was for approximately $3,200. We expect a similar pattern in FY 2015, with total spending of as much as $150,000 as we take advantage of the favorable pricing and terms under the State of Florida contract. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REOUEST This request is timed to provide for the smooth continuation of all City activities. FUNDING SOURCE Funding for office supplies and equipment is fully provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of office supplies and equipment from Office Depot in an amount not to exceed$150,000 are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the Code including separate Commission approval for any individual transaction at$25,000 or above. Contractors / Office and Educational Constunables/ State Term Contracts/ State Contract... Page 1 of 2 Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > State Term Contracts > Office and Educational Consumables > Contractors << Return Office and Educational Consumables618-000-11-1 Contractors Florida Climate Utilizes ecycled Name Code Friendly product Authorized Coverage Area Preferred Resellers Products Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Gulf Coast Office A - Non- Holmes, Jackson, Jefferson, Products Minority Yes Yes NO Leon, Liberty, Okaloosa, Santa Rosa, Wakulla, Walton, Washington ©ffice []epot, Tnc A - Non- Yes Yes No I Statewide Minority Staples Contract & Commercial, Inc. A - Non- Yes Yes No Statewide o eras Minority Staples Advantage http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 10/24/2014 Office and Educational Consumables / State Term Contracts / State Contracts and Agree... Wage 1 of 3 Department of Management Services Florida Ike artment of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > State Term Contracts > Office and Educational Consumables << Fetufrl Office and Educational Consumablesf 18-000-11-1 Effective 10/17/2010 through 10/17/2016 Period Contract Type State Term Contract • Contract • Contractors Information How to use this Contract Frequentiy Asked questions Contract Microsoft Word ( `,' 381.93 KB) Documents PDF (''n' 1.06 MB) Amendments and Memorandums Contract ' Christopher MCMulien • 850-922-9867 Administratioq chLis >hor.rncinullen@dms.myflorida.com 645-120, 645-200, 618-500, 645-140, 618-720, 618-280, 618-160, 600-680, 618-400, 618-790, 645-160, 618-060, 618-680, 618--900, 618-380, 618-820, 600-020, 645-220, 618-585, 618-600, 618-440, 618-740, 618-300, 618-860, 618-540, 618-100, 645-180, 650-250, UNSPSC-14111500, UNSPSC-44122000, Commodity UNSPSC-55121600, UNSPSC-44121600, UNSPSC-44121700, UNSPSC-44111501, UNSPSC-44111513, UNSPSC-44101600, UNSPSC-44122000, UNSPSC-44102100, Codes UNSPSC-14111519, UNSPSC-44122000, UNSPSC-44121700, UNSPSC-24102200, UNSPSC-44111515, UNSPSC-44121613, UNSPSC-44102900, UNSPSC-14111515, UNSPSC-44111900, UNSPSC-46182200, UNSPSC-44122000, UNSPSC-44121611, UNSPSC-44121621, UNSPSC-44121620, UNSPSC-44121900, UNSPSC-44111500, UNSPSC-14111600 Description This state term contract provides office and educational consumables, including toner (e.g. OEM and remanufactured printer cartridges, ribbons, drums, fusers), copier and computer paper (less than 10 cartons), non-printed envelopes, office supplies (e.g., pens, pencils, markers, highlighters, staplers, staples, folders, files, binders), art supplies (e.g., crayons, construction paper), office equipment (e.g., shredders, calculators, laminators, hole punches) and IT peripherals (e,g., CDs, DVDs, keyboards, mouse, computer bags). Document reader download link • silMS Word Viewer • - .Adobe PDF Reader http://www,dms.myflorida.com/business_operations/state_purchasing/vendor_informatio... 10/24/2014 EXECUTION COPY AMENDMENT NO.:4 FINAL_RENEWAL Office and Educational Consumables Contract No.: 618-000-11-1 This Amendment No.4("Amendment"), is effective upon execution to Office and Educational Consumables No.618-000- 11-1 ("Contract")between the State of Florida, Department of Management Services("Department")and Office Depot,Inc. ("Contractor"). The 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 Department entered into a Contract with Office Depot, Inc. on October 18, 2010, which was renewed for one year effective October 17,2013 and is scheduled to expire on October 17, 2014; and WHEREAS the Parties agree to renew the Contract, in accordance with its terms; 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 Renewal. Pursuant to section 4.26, the Contract is renewed for a period of two years effective October 17, 2014 and will expire October 17, 2016. 2.0 Contract Amendment. Pursuant to.section 4.42, Paragraphs 5.14 and 5.15 are added to this Contract as follows: "5.14 Scrutinized Company List Pursuant to subsection 287.135(5), F.S.,by submitting a response to a procurement to which this clause is attached or by signing a contract or renewal of a contract where the value exceeds$1 million to which this clause is attached, the Respondent or 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 section 215.473, F.S. Pursuant to subsection 287.135(3)(b), F,S, Department may immediately terminate any contract for cause if the Contractor is found to have submitted a false certification under subsection 287.135(5), F.S., 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. 5.15 Contractor-Public Records If, under this contract, the Contractor is providing services and is acting on behalf of the Department as provided under section 119.011(2), Florida Statutes, the Contractor, subject to the terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies,shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public.records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. The Department may unilaterally cancel this Contract for refusal by the Service Provider to comply with this section by not allowing public access to all documents, papers, letters,or other material made or received by the contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Art. I of the State Constitution and s. 119.07(1)." EXECUTION COPY 3.0 Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. 4.0 Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract,the terms of this Amendment shall control. 5.0 Scrutinized Companies. 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". 6.0 Warrant of Authority. Each person signing this Amendment warrants that he or she is duty authorized to do so and to bind the respective Party. 7.0 Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto. 8.0 Entire Agreement. Except as expressly modified by this Amendment, the Contract shall be and remain in full farce and effect in accordance with its terms and shall constitute the legal,valid, binding and enforceable obligations to the Parties. This Amendment and the Contract(including any written amendments thereto), collectively, are the complete agreement of the Parties and supersede any prior agreements or representations,whether oral or written, with respect thereto. State of Flo ida, Depart nt of Management Office Depot, Inc,• Services, By: BY Name: Kelley .Scott Name: Jim Pollman Title: Director of State Purchasing and Title: Vir p Pre-,ident Chief Procurement Officer f / Date: a 0 Date: /t)f o- �ffic_e f ftev�vrzd 8 JSW CONTRACT BETWEEN FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND OFFICE DEPOT CONTRACT 618-000-11-1 This Contract is by and between the State of Florida,Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee,Florida 32399-0950,and Office Depot(Contractor). Whereas, the Contractor replied to the Division's Invitation to Negotiate (ITN), No.: 618-001-10-1 — Office and Educational Consumables and Whereas, the Division negotiated and accepted the best terms and conditions for Office and Educational Consumables pursuant to Section 287.057(1)(c). Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract. 1.0 NAME OF PROJECT Office and Educational Consumables. 2.0 SUMMARY OF THE CONTRACTUAL SERVICES (SCOPE OF WORD) The scope of products for this Office and Educational Consumables contract are described in section 1.2 of the ITN document and are summarized in the table below. The Product Categories listed below refers to categories covered under this agreement. Product Categories in Scope ■ Consumables ■ Breakroom& Cleaning Supplies ■ Folders, Binders&Accessories ■ Paper—Other ■ Paper-20# White(Recycled and Virgin) ■ Toner HP Toner Non HP ■ Toner Remanufactured ■ IT Peripherals ■ Equipment 3.0 DELIVERABLES The ITN identifies all the performance requirements and expectations to be satisfied by the contractor throughout the term of the contract. However, included below are the primary deliverables related to the scope of work above. Also included below are the required minimum level of service and criteria for evaluating successful completion of each deliverable. The Contractor will provide the following Deliverables: 3.1 Monthly Service Level Agreement Metrics and Reports: Contract No.: 618-000-11-1 Page I of 6 A. Delivery Timing — The Contractor shall maintain an on-time delivery rate of 95% or greater. On-time delivery will be defined as delivery of order within two (2) business days of placement of order. This SLA supersedes Section 4.11 Transportation and Delivery of the General Conditions. The contractor shall submit to the Department this monthly service level agreement report in Microsoft Excel that details the on-time delivery rate. Specifically, the report shall include the number of orders delivered complete within the 2 business day requirement divided by total number of orders delivered. B. Order Accuracy - The Contractor shall maintain an order accuracy rate of 98% or greater. Order accuracy rate is defined as the number of items delivered as ordered divided by the total number of items ordered. The contractor shall submit to the Department this monthly service level agreement report in Microsoft Excel that details the order accuracy rate. Specifically, the report shall include the number of orders with order accuracy rate of more than 98%divided by total number of orders. C. Order Completeness /Fill - The Contractor shall maintain an order fill rate of 95% or greater. Order fill rate is defined as a number of items on an order filled completely as ordered divided by to the total number of lines on an order.The contractor shall submit to the Department this monthly service level agreement report in Microsoft Excel that details the order fill rate. Specifically, the report shall include Number of orders with order fill rate of more than 95% divided by total number of orders. D. Price Accuracy - The Contractor shall maintain a price accuracy rate of 99.5% or greater. Price accuracy is defined as the number of audited items each month where the net price (calculated by multiplying the list price by 1 minus the discount % for that product category) is equal to or less than the contract price (calculated by multiplying the list price, outlined in Section 3.2, by 1 minus the discount % for that product category). The Contractor shall obtain a third party firm at no additional cost to the State to conduct external price audits on this contract. The Contractor shall contract with a third party firm (to be approved by the Department) to conduct a monthly random sampling (a minimum of 570 items per month) of contract items to confirm the accuracy of list price, discount % and net price. Specifically,the third party firm will confirm the prices displayed on the Contractor's website are equal to or less than the contract terms. The third party firm shall provide a monthly report to the Department indicating the Price Accuracy Rate (Price Accuracy Rate = the number of audited items each month where the net price (calculated by multiplying the list price by I minus the discount % for that product category) is equal to or less than the contract price (calculated by multiplying the list price, outlined in Section 3.2, by 1 minus the discount % for that product category) divided by the number of audited items). Also, at a minimum, the monthly report shall identify items not in compliance with the contract terms, provide the date of the audit, and screenshots of the Contractor's on-line catalog of all items in the random sample that were not in compliance with the contract terms. E. Backorder Fill — The contractor will ship backorders within five (5) calendar days of original order, unless special circumstances apply. The contractor will submit to the Department at the customer or the Departments request a report in Microsoft Excel that details the item name and product ID, reason for shortage. and plan of action when delivery may be expected or suggested replacement). 3.2 Quarterly Sales Report Data: The Contractor shall report sales data to the Contract Manager on a quarterly basis using the Contract Quarterly Reporting Form in Attachment G — Quarterly Reporting Form. Contract No.: 618-000-11-1 Page 2 of 6 The following summary data must be reported to the Contract Manager on a quarterly basis: o Total purchases on the contract for the quarter ® Total purchases on the contract for the quarter by Eligible User o Total purchases for the quarter made using the State's Purchasing Card ® Total Certified Vendor (including Minority, Women, and Service-Disabled Veteran)purchases for the quarter by Eligible User. The following detailed data must be reported to the Contract Manager on a quarterly basis in Excel spreadsheet format: ® Eligible User(Customer) Entity Name • Product Category ® Item Description ® Manufacturer Name ® Manufacturer Part Number ® UPC • Unit of Measure ® Quantity Shipped ® Date Shipped Q List Price ® Invoice Price ® Core Item Flag(indicates if item is on Core Items list) ® P-Card Flag(indicates if transaction was paid for using a P-Card). ® Flag Purchases made within the stores (if applicable) 3.3 Annual Service Level Agreement Metrics and Reports: A. Price Accuracy - The Contractor shall maintain a price accuracy rate of 99.5% or greater. Price accuracy is defined as the number of audited items each month where the net price (calculated by multiplying the list price by I minus the discount % for that product category) is equal to or less than the contract price (calculated by multiplying the list price, outlined in Section 3.2, by 1 minus the discount% for that product category). The Contractor shall Contract with a third party firm (to be approved by the Department) to conduct an annual (on each anniversary of the contract effective date) sampling of Customer invoices (a minimum of 600 customer invoices for the 12 month period) to confirm accuracy of list prices and discount %, and that net prices of invoiced items are equal to or less than the contract terms. Specifically, the third party firm will confirm the price charged to the Customer is equal to or less than the contract terms during that time period. The third party firm shall provide an annual report to the Department indicating the Price Accuracy Rate (Price Accuracy Rate = the number of audited items each year where the net price (calculated by multiplying the list price by 1 minus the discount % for that product category) is equal to or less than the contract price(calculated by multiplying the list price, outlined in Section 3.2, by 1 minus the discount % for that product category) divided by the number of audited items). Also, at a minimum, the annual report will include copies of the invoices in the random sample that were not in compliance with the contract terms. Contract No.: 618-000-11-1 Page 3 of 6 4.0 SUMMARY OF PEANALTY FOR FAILURE OF CONTRACTOR TO MEET DELIVERAL)BES The Contractor is required to meet the performance standards as described in Section 3.0 above. Contractor is required to meet performance standards for Delivery Timing, Order Accuracy, Order Completeness/Fill and Price Accuracy on standard contract orders only, special/custom orders can be excluded from the calculations of these performance standards. Failure to meet the performance standards specified will result in the specified damages to the State as shown in the chart below. On the 15th of the month following the month being reported, the Contractor shall submit a report to the Contract Administrator containing the information required in Section 3.0 above. Performance Assurances, if applicable, will be paid via check or money order made out to the Department of Management Services in US Dollars within 30 days after report submission. These damages are assessed for failures over each 12 month period beginning with the first full month of contract performance and every 12 months thereafter. Item First Second Third Fourth Fifth Each Failure Failure Failure Failure Failure* Additional Failure Submit Report $0 $500 $500 $1,000 $2,000 $3,000 Delivery $0 $0 $1,000 $1,000 $2,000 $3,000 Timing—less than 95% on time Order $0 $0 $1,000 $1,000 $2,000 $3,000 Accuracy— less than 98% of items delivered are accurate Order $0 $0 1 $1,000 $1,000 $2,000 j $3,000 Completeness/ Fill—less than 95% Price Accuracy $0 $0 $2,000 $3,000 $4,000 $5,000 —Iess than 49.5% *Note: If respondent fails to meet the performance standards 5 or more times in a 12 month contract period,the State shall have grounds to initiate contract breach and termination proceedings. 5.0 EFFECTIVE DATE This Contract shall begin on October 18, 2010, or on the last date in which it is signed by all parties,whichever is later. 6.0 EXPIRATION DATE This Contract shall expire three years from the effective date of the Contract, unless cancelled earlier in accordance with its terms. 7.0 RENEWAL Upon mutual written agreement, the Department and the Contractor may renew the Contract for up to three (3) years as allowed by Section 287.057 (13)(a), Florida Statutes and pursuant to the provision of PUR 1000 Section 26. Contract No.: 618-000-11-1 Page 4 of 6 8.0 INTELLECTUAL PROPERTY The parties do not anticipate that any intellectual property will be developed as a result of this contract. Any intellectual property developed as a result of this contract will belong to and be the sole property of the state. This provision will survive the termination or expiration of the contract. 9.0 PREFERRED PRICE The Contractor agrees to submit to the Department at least annually an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 5.14 Best Pricing Comparison of the ITN. 10.0 CONTRACT DOCUMENTS This Contract, together with the following attached documents, set forth the entire understanding of the parties with respect to the subject matter. In case of conflict, the terms of this Contract shall control. If a conflict exists among any of the attached documents, the documents shall have priority in the order listed: A. ATTACHMENT I: Office and Educational Consumables ITN No.: 618-001-10-1,as amended. B. ATTACHMENT II: Contractor's Response to the ITN. C. ATTACHMENT III: Contractor's Best and Final Offer Pricing. 11.0 CONTRACT MANAGEMENT A. Contract Manager The Department employee who is primarily responsible for overseeing the Contractor's performance of its duties and obligations pursuant to the terms of this Contract. The Contract Manager shall be as follows: Mark Hernandez Division of State Purchasing Department of Management Services 4050 Esplanade Way Tallahassee, FL 32399-0950 Telephone: (850)414-6741 Fax: (850)414-6122 E-mail: mark.hemandez@,dms.mvflorida.com The Department may appoint a different Contract Manager, which shall not constitute an amendment to the Contract, by sending written notice to Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Manager. B. Contractor's Representative Morrie Norwood Office Depot 4300-1 Tennessee Street Tallahassee,FL 32034 [city, state, zip] Telephone: 850-575-0255 Fax: 850-575-1581 E-mail: morrie.norwoodaa officedepot.com Contract No.: 618-000-11-1 Page 5 of 6 State of Florida Approved as to form and legality Department of Management Services by the Department General Counsel's Office By: Linda H. South Date Date Contractor: *no re /KA Print Name Ito Date Rem;wmwid Or 7"! ` ` Contract No.: 618-000-11-1 Page 6 of 6 Attachment 11: Contractor's Response to the ITN. Attachment III: Contractor's Best and Final Offer Pricing Product Category BAFO Office Depot Discount%oft List Core Breakroom & Cleaning Supplies 40% Consumables 66% Folders, Binders &Accessories 70% Toner- HP 35% Toner- Non HP 32% IT Peripherals 34% Equipment 30% Non-Core Breakroom & Cleaning Supplies 40% Consumables 66% Folders, Binders&Accessories 70% Paper-Other 60% Toner- HP 35% Toner- Non HP 32% Toner- Reman 63% IT Peripherals 34% Equipment 30% Generic Core and Non-Core Consumables 79% Folders, Binders &Accessories 75% Equipment 36% IT Peripherals 32% Paper-Other 71% Breakroom & Cleaning Supplies 55% Paper-20#White (Recycled and Vir in 79% Toner- Non H P 61% Toner— Remanufactured 63% BAFO Office Depot Volume Discounts Proposed When Annual Spend Level Exceeds... Additional Discount Off List Price Offered $5,000,000 0.00% $10,000,000 0.00% $15,000,000 0.00% $20,000,000 0.00% $25,000,000 0.00% $30,000,000 0.00% $35,000,000 0.00% $40,000,000 0.00% $45,000,000 0.00% $50,000,000 0.00% $55,000,000 0.00% $60,000,000 0.00% $65,000,000 0.00% $70,000,000 0.00% AMENDMENTI TO OFFICE AND EDUCATIONAL CONSUMABLES CONTRACT NO.: 618-000-11-1 This Amendment 1 ("Amendment") to OFFICE AND EDUCATIONAL ,.CONSUMABLES CONTRACT NO.: 618-000-11-1 dated October 18, 2010, (the "Contract") is made and entered into as of December , 2010, ("Amendment Effective Date") between Office:Depot, Inc., ("Contractor") and the State of Florida, Department of Management Services ("Department"), Division of State Purchasing, an agency of the State of Florida. The parties hereby agreed to amend that certain Contract between the Department`and Office Depot, including any schedules and exhibits thereto, as amended. Capitalized terms not otherwise defined in this Amendment will have the same meaning as set forth in the Contract. Any provision not specifically modified by this Amendment shall remain in full force and effect. Should there be a conflict between the terms and conditions of this Amendment and the terms and conditions of the Contract, the terms and conditions of the Amendment shall control The parties hereby amend the Contract as follows: 1. In addition to the Core,.Non-Core, and Generic Core and Generic Non-Core commodities available for purchase from the Contract, ("Contract Items"), the parties agree that Contractor may offer items that are not available for purchase from the Contract ("Non-Contract Items") on Contractor's Business Solutions Department website located at hn2s:flbusiness.officedet)ot.com. i 2. Contract Items shall be clearly designated as "Contract Items" in the online catalog. Non-Contract Items shall have no designation. This distinction shall be plainly identified on the Contractor's online bulletin board. 3. Non-Contract items may be purchased off the Contract at market competitive prices. 4. Individual purchasing entities may elect to exclude Non-Contract Items on the online catalog for their respective purchases. WHEREFORE, the parties have caused their duly authorized representatives to.execute this Amendment as of the date of last signature below. OFFICE DEPOT, INC. STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES By: —_—� _ By: . Print Name: Print Name: Title: Title: R" ay _ I EXECUTION COPY AMENDMENT 2 TO OFFICE AND EDUCATIONAL CONSUMABLES CONTRACT NO.: 618-000-11-1 This Amendment 2 ("Amendment") is effective as of April 11, 2011, or on the last date in which it is signed by all parties, whichever is later, to the OFFICE AND EDUCATIONAL CONSUMABLES CONTRACT NO.: 618-000-11-1 Contract ("Contract") effective as of October 18, 2010 between the State of Florida, Department of Management Services ("Department") and Office Depot, 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 Agreement, unless otherwise defined herein. WHEREAS,the Parties wish to amend certain terms and conditions of the Contract;and WHEREAS,the Parties consent to and approve the amendment of the Contract as set forth herein. NOW, THERETORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1.0 Non-Contract Products. The Parties agree that Contractor may offer items that are not available for purchase from the Contract("Non-Contract Items") on Contractor's ordering platform located at https:Hbusiness.officedepot.com. 2.0 Contract Items. Contract Items shall be clearly designated as such in the online catalog on Contractor's ordering platform (referenced in Section 1.0 above). 3.0 Required Users. Mandatory State of Florida agencies are permitted to purchase office consumable items from the online catalog displaying the Contract items only; therefore only Contract Items shall be visible on the online catalog for mandatory State of Florida agencies. If it is necessary for a mandatory State of Florida agency to purchase a Non-Contract Item, the agency's internal purchasing policies and procedures shall be utilized. Non-Contract Items are not part of the Contract, and they are therefore not subject to the audit provisions of the Contract, however,other laws or agency procedures may impose audit requirements on such purchases. 4.0 Exceptions,Rights of Other Purchasing Entities. A. Any purchasing entity may elect to exclude Non-Contract Items from Contractor's ordering platform (referenced in Section 1.0 above) for its purchases. Individual purchasing entities that choose not to exclude Non-Contract Items will have the ability to order both Contract and Non-Contract Items on a single account, pursuant to the entity's own procedures and applicable laws. B. The Parties acknowledge and agree that any entity electing to purchase Non-Contract Items pursuant to the Contract will be purchasing products that have not been competitively procured nor established by the Department as part of the original Contract. Therefore, any purchase of a Non-Contract Item will be made pursuant to the entity's own procedures and applicable laws. Non-Contact Items are not part of the Contract and they are therefore not subject to the audit provisions of the Contract, however, other audit requirements may apply. Prices for Non-Contract Items, as determined by contactor, shall be clearly displayed on Contractor's ordering platform(referenced in Section 1.0 above) at the time of purchase. 1 of 2 Pages 5.0 Employment Verification. Contractor agrees that it will enroll and participate in the federal E-Verify Program for Employment Verification under the terms provided in the "Memorandum of Understanding" governing the program. Contractor further agrees to provide to the Agency, within thirty (30) days of the effective date of this Amendment, documentation of such enrollment in the form of a copy of the E-Verify"Edit Company Profile"screen",which contains proof of enrollment in the E-Verify Program (this page can be accessed from the"Edit Company Profile" link on the left navigation menu of the E-Verify employer's homepage). Contractor further agrees that it will require each subcontractor that performs work under this Contract to enroll and participate in the E-Verify Program within ninety(90)days of the effective date of this Amendment or within ninety (90) days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E-Verify Program and make such record(s) available to the Agency upon request. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Agency or other authorized state entity consistent with the terms of the Memorandum of Understanding. 6.0 Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 7.0 Warrant of Authority. Each person signing this Amendment warrants that lie or she is duly authorized to do so and to bind the respective party. 8.0 Effect. This Amendment shall supersede and entirely replace Amendment I of this Contract. Unless otherwise modified by this Amendment 2, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Office Depot, Inc. Departme o Mai a ent Services: By: By: _ Name: John P.Miles Name: Steve Schmidt Title: Secretar Title: President, Business Solutions Date: ao4 Date: 3 3d h/ Q�{q BESOT RL V I�LYL'C� Hv JCrLA' Approv d as to form and legality By: �c Office of the General Counsel bate - 2 of 2 Pages EXECUTION COPY AMENDMENT NO.3—FIRST RENEWAL Contract No.:618-000-11-1 Office and Educational Consurnables This Amendment No. 3(Amendment), is effective as of October 17, 2013, to the Office and Educational Consurnables contract No.: 618-000-11-1 Contract (Contract) between the State of Florida, Department of Management Services (Department) and Office Depot, 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 October 18, 2010 with the Contractor and is scheduled to expire on October 17,2013; and WHEREAS upon mutual agreement the Department and the Contractor agree to amend the Contract in accordance with the its terms; 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 section 4.26 of the Contract and section 287.057(13)Florida Statutes, Contract No. 618-000-11-1 is renewed for a period of one year effective October 17, 2013 and will expire October 17,2014. 2.0 Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. 3.0 Conflict To the extent any of the terms of this Amendment conflict with the terms of the Contract,the terms of this Amendment shall control. 4.0 Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 5.0 Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto. 6.0 Entire Agreement. Except as expressly modified by this Amendment,the Contract shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations to the parties. This Amendment and the Contract(including any written amendments thereto), collectively, are the complete agreement of the parties and supersede any prior agreements or representations,whether oral or written,with respect thereto. State of!Igrida,De tment of Management Office Depot, Servi BV: 71&7;A By: - Name:'Kelley J.Scott Name: James Pollman Title:Director of State Purchasing and Title: Vice President Chief Procurement officer Date:A//D//2) Date: ADDENDUM NO. 10 State of Florida Department of Management Services INVITATION TO NEGOTIATE (ITN) No. 618-001-10-1 Office and Educational Consumables August 3, 2010 Please Note: This Addendum No. 10 does not need to be returned with the Response. 1.2 Scope The language below replaces Section 1.2 Scope. The scope of products for this Office and Educational Consumables solicitation are described in the table below. The Product Categories listed in the column "Covered by another statewide agreement" refers to categories covered by another State Term Contract, Alternate Contract Source, or State Purchasing Agreement. Respondents may exclude, but are not required to exclude, the items included in the column "Covered by another statewide agreement" from their product catalog. State agency users are encouraged to use the existing State Term Contracts for these items, but Eligible Users are permitted to purchase these items from the resulting Office and Educational Consumables contract. All users are encouraged to compare statewide agreements for best pricing. In Scope Covered by another statewide agreement • Office Consumables ■ IT Hardware/ Software • Educational Consumables ■ Printers • Art Consumables ■ Copiers • Paper(fewer than 10 cartons per order) ■ Bulk Paper (10 or more cartons per order) • Envelopes ■ Furniture • Toner(OEM and Remanufactured) ■ Safety Supplies • IT Peripherals ■ Cleaning Products • Office Equipment ■ Lab Supplies Examples of Product Categories contained in the scope of this solicitation are included in the table below. The table below is not meant to provide a comprehensive list of in scope items; it describes the most common types of items (Product Sub-Categories) contained within each Product Category. Please note that calendar related items will be replaced yearly with the next calendar year's version within the same product category. The Department and the Contractor during the contract period may mutually agree to align any missing or new Product Sub- Categories or services into the Product Categories listed below. The Department may use the S.P. Richards Product Categories as a point of reference during this process. Product Product Sub-Categories Category Consumables • Adhesives, Glues, Gluesticks, Adhesive Removers • Appointment Books, Phone Message Books, Statement Books, Fax Message Books, While You Were Out Books, Forms, Dictionaries, Thesaurus, Diaries, Tickets, Reference Sets • Archive Boxes, Cardboard Boxes, Storage Containers • Award Frames, Displays, Plaques, Certificates • Badges, Badge Holders, Lanyards • Batteries, Chargers, • Binder Clips, Paper Clips, Panel Clips, Pushpins, Thumbtacks, Safety Pins, Rubber bands, Scissors, Shears, Cutters, Trimmers, Hole Punches (non-electric) • Book Cases, Book Ends, Book Shelves • Bulletin Boards, Cork Boards, Easels, Easel Pads, Poster Boards ITN No.618-001-10-1;Office and Educational Consumables:Addendum No.10 2 Product Product Sub-Categories Category • Calculator Ink, Calculator Spools, Adding Machine Tape, Cash Register Tape • Calendars, Desk pads, Refills, Planners • Camera Film, Photo Paper • Chair mats • Clocks, Hooks, Lamps • Correction Fluid, Correction Tape, Correction Pens • Envelopes • Erasers, Dry-Erase Erasers, Chalk, Crayons • Ink Pads, Refills, Stamps • Labels, Label Holders • Mailing Tubes, Mailing Tubs, CD Mailers, Packaging, Fingertips, Letter Openers, Moistener • Markers, Highlighters • Notebooks, Notepads, Pads of Paper, Post it NotesOffice Organizers, Inboxes, Copyholders, Pen and Pencil Holders, Wastebaskets, Drawers, Desktop Shelves, Shredder bags, Extension Cords • Pencils, Pencil Erasers, Lead Refills, Pencil Sharpeners, Pens, Pen Refills • Protractors, Rulers, Yardsticks, Compasses, Engineer Triangles • Index Cards, Business Cards, Card Holders, Tags, Sheet Protectors, Letters, Numbers, Fasteners, Fastener Bases, Clipboards, Flag Tape • Science, Art and Teaching Supplies • Signs, Sign Holder, Flyer Holders, Racks, Literature Displays, Name Plates • Staplers, Staples, Staple Removers • Tape, Tape Dispensers, Embossing Tape, Velcro Products • Transparency Film, Transparency Paper, Laminating Supplies, Laminating Pouches Breakroom & • Coffee, Condiments, Food, Beverages Cleaning . Cups, Spoons, Forks, Plates, Bowls Supplies . Dusters, Air Dusters, Computer Dust-off, All Wipes, Lysol, Clorox, Hand Soaps, Hand Sanitizers, Windex, Air Freshener, Dust Pans, Cleaning Supplies • Gloves • Knives, Cutters, Blades, Scrapers • Safety Supplies • Tissues and Towels • Wastebasket Bags Folders, Binders . Binders, Combs, Rings, Spines &Accessories . Files, File Folders, Pocket Files, Portfolios, Jackets, Inserts, Folder Frames, Dividers, Wallet Files, File Guides, Report Covers, • File Indexes, Tabs, Ledgers, Tab Reinforcement Paper- Other . Art Paper, Construction Paper, Crepe Paper • Colored Paper • Computer Paper • Specialty Paper Paper-20# . 20#, White Copy Paper, minimum 92 bright (recycled and virgin) White (Recycled and Virgin) Toner . Ribbons • Toners, Cartridges, Fusers, Kits, Drums, and Related Accessories (OEM and Remanufactured IT Peripherals • CDs, DVDs, Cassette Tapes, Tape Cartridges, CD and DVD Cases, CD and DVD Storage, VHS Tapes, Computer Disks and Diskettes, Computer Bags and Cases, Mouse, Keyboards, Keyboard Pads, Mouse pads, Camera Bags, Camera Cases • Headsets, Headset Accessories, Headphones • IT Hardware/ Software • Sure Protectors, UPS Power Supply 3 Product Product Sub-Categories Category • USB Drives, Flash Memory, Zip Disks Equipment • Calculators • Carts, Hand trucks • Digital Voice Recorders • Fans, Heaters • Furniture • Hole Punches (electric) • Label Makers • Laminators • Printers • Shredders • Typewriters 3.2 Use of S. P. Richards The language below replaces Section 3.2 Use of S.P. Richards. The Department is using Quarter 1, 2010 S.P. Richards' retail list price as a consistent reference point for pricing analysis and comparison across Respondents during this solicitation and will use S. P. Richards' retail list price to provide a mechanism to manage pricing throughout the contract period. S.P. Richards' Quarter 3, 2010 retail price list will be used to establish the list prices for the effective date of the contract through Quarter 4 2010. Beginning Quarter 1 2011, S.P. Richards' published quarterly list prices will be used to update contract pricing for non-generic items, where available. This does not mean that a Respondent must use S.P. Richards as their wholesaler. For the items contained in the Core Items and Generic Core Items worksheet, Respondents shall submit discounts off of the Quarter 1 2010 List Price by provided Product Category. Respondents are required to submit with their response an electronic copy of their complete product list that they intend to provide Customers under the awarded contract. This product list will not be used in the evaluation of the Respondent's Proposal. This price list will serve as the Contractor's catalog and list prices until Quarter 1 2011 of the awarded contract. Respondents must indicate the Quarter 3 2010 S.P. Richards' list price for all products. Where there is no S.P. Richards' list price available (i.e., a product is not available through S.P. Richards), the product manufacturer's MSRP shall be listed. If the item is a generic item (e.g., private label), then the Respondent is considered the product manufacturer and the Respondent's established, reasonable list price shall be listed. 5.1 Punch-out Catalog and Electronic Invoicing The language below replaces Section 5.1 Punch-out Catalog and Electronic Invoicing, Paragraph 4. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor, but only to the extent such third party provider of MFMP is working directly on behalf of the State a non-exclusive, non-transferable, limited license to use, reproduce, transmit, distribute, and publicly display within the MFMP the Contractor's punch-out catalog-site. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider, but only to the extent such third party provider of MFMP is working directly on behalf of the State, a non-exclusive, non-transferable, limited license to reproduce and display within the MFMP the Contractor's trademarks, service marks, logos, trade dress, or other branding designation of Contractor that identifies the products made available by the Contractor under the Contract. 5.5 Performance Assurance The sentence below is added to Section 5.5 Performance Assurance last updated in Addendum No. 5 to include clarification that this performance assurance applies to standard contract orders and not special orders. 4 Contractors are required to meet performance standards for Delivery Timing, Order Accuracy, Order Completeness/Fill and Price Accuracy on standard contract orders only. Special/custom orders can be excluded from the calculations of these performance standards. 5.6 Liability Insurance and Worker's Compensation The language below replaces Section 5.6 Liability Insurance and Worker's Compensation. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, as a minimum, shall be: workers' compensation and employer's liability insurance per Florida statutory limits (currently$100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of$500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured as its interest may appear; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of$500,000, including hired and non-owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. Upon request, the Contractor shall provide certificate of insurance. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. 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 to write policies in Florida. 5.11 Price Changes. The language below replaces Section 5.11 Price Changes. The discount proposed for each Product Category of Core Items, Non-Core Items, Generic Core Items, and Generic Non-Core Items shall remain the same throughout the contract period unless the vendor offers additional volume discounts as outlined in their Best and Final Offer Pricing Proposal. Respondents are required to submit with their response an electronic copy of their complete product list that they intend to provide Customers under any awarded contract. The product list must include Quarter 3 2010 S.P. Richards' list price for products where available. Where there is no S.P. Richards' list price available, the product manufacturer's MSRP shall be listed. If the item is a generic item (e.g., private label), then the Respondent is considered the product manufacturer and their established, reasonable list price shall be listed. The list prices contained on this initial product list along with the final awarded discount % off list price for Core Items, Non-Core Items, Generic Core Items, and Generic Non-Core Items will be held fixed until January 21s'201 1. The discount proposed for each category shall remain the same throughout the term of the contract and all renewal options. All pricing must be verifiable and auditable from the effective date of the contract. Starting with Q1 2011, January 2011, Contractors shall submit quarterly to the Department for approval an updated product list with list prices that reflect any updates to S.P. Richards' list prices, or product manufacturers' list prices if S. P. Richards is not available, or the Contractor's list price for generic items. Contractors shall submit updated price lists with requested list price increases and decreases to the Contract Administrator on a quarterly basis by January 1, April 1, July 1, and October 1 of each calendar year. The Department shall have at least 15 days to review and approve or deny the requested list price update forms and may request supporting documentation for any price changes. Once approved, the Contractor shall update all systems to reflect the list price increases and decreases by the 21 s'of the first month in the quarter. There will be no retroactive price increases allowed. 5.12 Non-Core Items Revised, Contract Anniversary Pricing (Non-Core to Core Discount) The language below replaces Section 5.12 Non-Core Items Revised, Contract Anniversary Pricing (Non- Core to Core Discount). Upon each anniversary of the effective date of the contract, the Department will calculate the aggregate spend of all non-generic items across all Contractors. Non-generic items that have aggregated sales of$10,000 or more that are not already on the Core Items list will be added to the Core Items list for all Contractors. Existing Core Items that do not meet the minimum 5 threshold of$10,000 will be removed from the Core Items list. If a Contractor does not carry an item designated on the new Core Item list in their full line catalog, the Contractor is not required to provide this item under the contract. 5.14 Best Pricing Comparison The language below replaces Section 5.14 Best Pricing Comparison. Contractor represents that the Customer's pricing under this contract as offered for its aggregate spend with Contractor during the prior twelve month period is less than the annual aggregate spend under any other state, regional or local government contract or public sector national or multi-state cooperative agreement or program held by the Contractor("Comparison Contract"). For purposes of this Best Pricing Offer, "Comparison Contract" is defined as a contract that does not exceed 120% of the annual aggregate spend of this contract with Contractor and has substantially similar items or services that are purchased under similar terms and conditions to this contract. If during the term of this contract, Contractor becomes aware that its pricing for Customer's aggregate spend under this contract with Contractor is higher than it would be under a Comparison Contract, the pricing structure of the Comparison Contract will be offered to the Customer. If during the term of this contract the Customer becomes aware of or has a concern that its pricing for Customer's aggregate spend with Contractor under this contract is higher than it would be under a Comparison Contract, the Customer may request an aggregate price comparison analysis of this contract against the Comparison Contract. 5.16 Preferred Price A new section is added to Section 5.0 as Section 5.16 Preferred Price with the language below. The Contractor agrees to submit at least annually an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 5.14. 5.17 Contractor Termination for Convenience Section 5.17 Contractor Termination for Convenience is herby added. The Contractor, with 12 months advanced written notice to the Department, may terminate their Contract in whole or in part when the Contractor determines in its sole discretion that it is in the Contractor's interest to do so. 5.18 Third Party Audits and Reporting Requirements A new section is added to Section 5.0 as Section 5.18 with the language below. The Contractor shall obtain a third party firm at no additional cost to the State to conduct external price audits on this contract. The Contractor shall contract with a third party firm (to be approved by the Department) to conduct a monthly random sampling (a minimum of 570 items per month) of contract items to confirm the accuracy of list price, discount % and net price. Specifically, the third party firm will confirm the prices displayed on the Contractor's website are equal to or less than the contract terms. The third party firm shall provide a monthly report to the Department indicating the Price Accuracy Rate (Price Accuracy Rate= the number of audited items each month where the net price (calculated by multiplying the list price by 1 minus the discount %for that product category) is equal to or less than the contract price (calculated by multiplying the list price, outlined in Section 3.2, by 1 minus the discount %for that product category) divided by the number of audited items). Also, at a minimum, the monthly report will identify items not in compliance with the contract terms, provide the date of the audit, and screenshots of the Contractor's on-line catalog of all items in the random sample that were not in compliance with the contract terms. The Contractor shall also Contract with a third party firm (to be approved by the Department)to conduct an annual (on each anniversary of the contract effective date)sampling of Customer invoices (a minimum of 600 customer invoices for the 12 month period) to confirm accuracy of list prices and discount %, and that net prices of invoiced items are equal to or less than the contract terms. Specifically, the third party firm will confirm the price charged to the Customer is equal to or less than the contract terms during that time period. The third party firm shall provide an annual report to the Department indicating the Price Accuracy Rate (Price Accuracy Rate= the number 6 of audited items each year where the net price (calculated by multiplying the list price by 1 minus the discount %for that product category) is equal to or less than the contract price (calculated by multiplying the list price, outlined in Section 3.2, by 1 minus the discount%for that product category) divided by the number of audited items). Also, at a minimum, the annual report will include copies of the invoices in the random sample that were not in compliance with the contract terms. 5.19 Volume Discounts A new section is added to Section 5.0 as Section 5.19 with the language below. On each anniversary of the contract effective date, the Department will evaluate the total Contractor reported sales for the previous 12 month period. The Department will then review the Contractor's proposed volume discount table submitted in their best and final offer to determine if any additional volume discounts need to be added to their contracted discount percentages for all Product Categories for the next 12 month period. This may include lowering or removing volume discount percentagess based on the Contractor's reported sales for the previous 12 month period and the Contractor's proposed volume discount schedule. Updated prices reflecting volume discount changes shall be effective 21 dates after each anniversary of the contract effective date. 6.3.1 Qualification Question — Mandatory Requirement Question #2 The table below replaces Qualification Question #2 in its entirety. The Department has revised the Service Level Agreement definition of Price Accuracy below. Q2. Do you agree to maintain the following service level agreements measured on a monthly basis: • Delivery Timing - Maintain on-time delivery rate of 95% or greater. On-time delivery will be defined as delivery of order within two (2) business days of placement of order. This SLA supersedes Section 4.11 Transportation and Delivery of the General Conditions. • Order Accuracy - Maintain order accuracy rate of 98% or greater. Order Accuracy rate is defined as "the number of items delivered as ordered divided by the total number of items ordered." • Order Completeness / Fill - Provide order fill rate of 95% or greater. Order Fill rate is defined as a number of items on an order filled completely as ordered divided by to the total number of lines on an order." • Backorder Fill - Ship backorders within five (5) calendar days of original order, unless special circumstances apply. The following information about the backorder(s) may be requested by the Customer or the Department: item name and product ID, reason for shortage, and plan of action (when delivery may be expected or suggested replacement). • Price Accuracy- Maintain a price accuracy rate of 99.5% or greater. Price Accuracy is defined as the number of audited items each month where the net price (calculated by multiplying the list price by 1 minus the discount% for that product category) is equal to or less than the contract price (calculated by multiplying the list price, outlined in Section 3.2, by 1 minus the discount% for that product category). 6.4.2 Respondents Offering Regional Coverage: The following sentence is added to Section 6.4.2 Respondents Offering Regional Coverage. Respondents offering regional coverage will be limited to delivering to Customers with ship-to addresses in the region(s) proposed. 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. r MEMORANDUM r TO: Mayor and City Commissioners FROM: Jack Warner,Chief Financial Officer THROUGH: Terry Stewart,Interim City Manager DATE: October 21,2014 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH RED WING SHOE COMPANY BACKGROUND Acquisitions of safety shoes are made directly by several departments over the course of the year with the Red Wing Shoe Company,under provisions of Brevard County Central Services contract P-2-12-19. Single acquisitions over $25,000 receive Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions are approved at the City Manager and departmental levels under Chapter 36, Sections 36.02(B), "Written quotations method" and 36.02 (C), "Direct acquisitions method". FY 2014 activity was $29,690, comprised of 140 transactions with average amount of$212. FY 2015 spending could be as much as $35,000. Although the cost of most purchases is less than$500,this total spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of all City activities. FUNDING SOURCE Funding for safety shoes is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves that FY 2015 acquisitions of safety shoes from Red Wing Shoe Company in an amount not to exceed$35,000 are in compliance with code section 36.03 (B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code; including separate Commission approval for any individual transaction at$25,000 or above. i reyard �. r Gr,trah Setvlees I lurid i's't)aw C ou ittit Yu rchr�smu,Services (dq)hone 272± fudge Fran Jamieson Way,WreOU-, (;2-1}617-759 Vier, 171, 32940 Mai 20,2014 Mr, Lewis Bouth Red Winc Shoe C�mipan� 31 1 %1aiII Street Redwing, MN 55066 Email: iewis,aroth�Uredsvingshoes_cdm Dear Mr. Bcotlt: -'t'Itjs letter is tanotily you of the intent to rends'OPv P-2-12-19,Safety tiho_es, The efrecti�,_e climes ofth7,s renewal wiIi be 09411/14 to{18!31115, tf Rrd W n-Shoe Company is intueslcd in c:owintiiag this Nd ti:r nn additioniO orir 1)yeirr lender the ,,rime trams,price--, Mid condiu©ns,please respond b),sironin,to the understanding oftlie renewal fnr 1�-2-1 -19,Salcty S7:c7es. A❑ew purchase ordi;r wi11 bee issucxt to you ECG cover the resin gal period, fPso agreed upnt3. o f ` -�'s�_,I�` �' '4 , agree ft)extend snbjr,ct tOntrac! tftr,n,h _ rincler the sure terms,pr IO,ng tttti3 caaaditiOil 1 TRed Wing Shot Company j�,,not interested in emciidilig this contract,plene comptete,and sign the rohowing stflrernent, do riot agree to extend suh'Ieet GontrejCt. 3 r (�J � Audi Xi"',V;mi•)r,r SianalWe - i�menoin,-you are lel,-_.-._ _____ur€� mgd ntsmm�uc certirIC01 sn5 twain~ Ole Bnar.t st C:r=liluv note [usu_3nitvo,_,__-- �__ �._ � -_ _ Cour!tris Jo t s,rs the ulhvi Insirred These certifiCatts are reiluired to be I-elL rgwd %v-di four i1cct,Ial Ce rf lhk notice. Bi-card Counr:, reserves tare right to re-laid at[ it,its on this bid if erttnsions are not recci%ed or. E II itumu_ 3rev,trd Ca unry to k5 farwnrd'to cotatinuirrg this relationship� ith your compmy. As if you have any questions. please feel free to contact Sherry Collett, PA at(321)6 i 7-739L). You cull fax yu.ir respallse to(321)61;-7 i9l or email KHren DiNatale nt karen.di,i,%atrl��E.hrevardca�n .ts_ your attetiticm to this matter is neatly appreciated. S i ncere€y, Leslie (�r>flreritlg:Mantrier Purchalsi37g�envlces f';ti XCII O Form L �LQ1S1V, July 10, 2014 Coonerty's Sole Mates, Inc, dba Red Wind Shoes Company rurclZas�." Department Michael Coonerty, Vice President :a ,.�.�rli stti+iar4 �r il.�siEtr. III 2505-G-Okeechobee Blvd h,:,-h. r,L� 4;9-3 1 q 9 West Palm Beach, FL 33409 TERM CONTRACT#750662B Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for Safety Shoes, Purchase of based on: [ ] SOLICITATION # [ ) RENEWAL OF CONTRACT based on SOLICITATION # in accordance 11akm Reach cnunry with all original terms, conditions, specifications and prices with no board or County deviation, 1•Q111mi s.ione r5 EXTENSION OF CONTRACT based on SOLICITATION # = [ ] SOLE SOURCE SOLICITATION # vendor shall notify Purchasing immediately if the sole source status changes. [X] PIGGYBACK BREVARD COUNTY CONTRACT#P-2-12-19 [X] OTHER: Form H executed by Michael Coonerty dated 6/1012014 The term of this contract is 09/01/2414 through 08131/2015 and has an estimated dollar value of$190,000• The obligations of Palm Beach County under this contract are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. C:aunty nclniinistratar Palm Beach County Departments will issue individual hard copy orders against this l«,r....; contract as your authorization io deliver. All invoic^a must reference a unique document number (e.g., CPO ! DO 680 XY030305000000001111 or CPO 1 CEO 680 XY0303M1111). Failure to provide an order number with each invoice will result in a delay in processing payment. If you have any questions, please contact Marva Brown, Buyer at mbrown @pbcgov.org or(561) 616-6815, Sincerely, .,°71--j p J �-1Kafhleen 1`iJfi.IS��ri�tt ���'�`� Director c: Countywide File B R E VAR►R HOARD Of COuN7-Y CommiSSIONERS fl 'f Q FLQHIpA'S SPACE COAST a L' 4 Z � Y oair�P Central Services Group Phone (321)617-7390 Purchasing Services Facsimile (321)617-7391 2725 Judge Fran Jamieson Way,Suite 0303 Facsimile (321)637-5302 Viera,FL 32940 NOTICE OF AWARD August 21, 2012 P-2-12-191 Safety Shoes PURCHASING AGENT: Juliet Miscol Cl MINIMUM�. MEETS'' ESTIMATEDANNU LAMOUNT LOCAL 6 F PRIEFEREIII ,Y Red Wing Shoes Yes ALL 1 $53,000 per year I Category'I Patricks Uniforms No Statement of No Proposal Elite Fire&Safety No Statement of No Proposal Safety&Boot Center No Statement of No Proposal Safeky Shoe Distribufars No Statement of No Proposal ❑ BOARD AWARD—AGENDA ATTACHED ® APPROVED AWARD(NON-BOARD AGENDA): (Per Sections III.E-&III_I &J.,BCC-24,PROCUREMENT) Steve St Itz cior ❑ Award to Overall Lowest,most Responsive,minimum three bids received ❑ Award tc other than low,with low bid being non-responsive: (copy to Manager) REASON FOR(JON-RIrSPONSIVENESS: [Z] Award to low bid,less than three responses received (copy to Manager) REASON FOR LESS THAN THREE RESPONSES: One-hundred and seven(107)companies were notified of this RFP with sixteen (16)requesting the RFP documents.Awarded vendor is incumbent from previous solicitation. ------------------ ------------------------ ------------------------- AWARDED BY A COMMITTEE CONSISTING OF Leslie Rothering, Purchasing Manager;Juliet Mrsconl, Purchasing Agent; Michael Malavolta, Utility Services;Charlie Al Public Works; Dominick DeAngelis, Parks &Recreation;Phyllis J. Kinzalow, Solid Waste;Gwen Helmintoller, Mosquito Control FOR PURCHASING USE ONLY. ❑ ONE TIME PURCHA5E ® ANNUAL BID: EFFECTIVE DATE:September 11 2012 ENDING DATE:August 31,2013 RENEWAL OPTION❑One year Z Other:Two(2), 12-month renewals ❑ RELEASF_BID DEPOSIT ON BIDS _ SPECIAL INSTRUCTIONS TO AWARDED VENDOR: ❑ Please provide certificate of insurance. ❑ Please provide performance and payment bands as required. ❑ OTHER: LR w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 9.G.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH RICOH USA, INC. BACKGROUND The City currently acquires copiers and related services using multi-year lease agreements managed by the City's purchasing department. The underlying pricing is based on Miami Dade contract#033KK11, which guarantees the lowest price that meets specific equipment and service specifications. FY 2015 spending is budgeted at$60,000, comprised of 25 transactions with average amount of$2,500. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $ 25,000. This amount of spending requires prior Commission approval under code section 36.03(B) Multiple acquisitions fi°om vendor exceeding$25,000 in any Fiscal Year TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for copier services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of copiers and related services from Ricoh USA, Inc. not to exceed $60,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the Code including separate Commission approval for any individual transaction at $ 25,000 or above. Lenny Gialanella CO H R_anrh RICOH USA,INC: 1655 Palm Beach Lakes Blvd,Suite 200 West Palm Beach,F133401 561-719-0167 _: iP� ?*d.Q;aianeilafc ricoh-Usa.com October 23, 2014 Patsy Nadal Purchasing Citv of D&av Beach 100 N.W. 1st Avenue Delray Beach,FL 33444 Dear Ms. Nadal: Thank you for your recent request regarding contract information as it relates to the ongoing proposals submitted by The Ricoh-USA Corporation here in Palm Beach County for government entities(and specifically for The City of Delray Peach). Please be advised that the current available contracts that Ricoh provides for in our government proposals arc: Miami Dade School Board#MD033KK11 and/or US Communities#4400003732 Both of which are available to all government entities(State,Local,and County)to"piggy-back" off of and each proposal that Ricoh provides cites the referent contract accordingly. As per the explicit terms and conditions of each contract,the pricing is specific to the particular contract cited and there are no "discounts"or provisions available. Simply put, the pricing,Terms, and Conditions that are provided to The City of Delray Beach are consistent with and available to all Florida Government entities without exception. If you have any questions,please feel free to contact me or the Ricob-USA Government Account Manager for Palm Beach County Ron Phillips Sincerely, Leonard alanella Branch Manager Ricoh-USA LG/rbp Ricoh Contract U.S. Communities Page I of 1 Aoout Nr,,v-. FvQms (.1s PRO I)UC'V,9&-SOIA31ON55 CONTRACT S-11011 REGISTER Ricoh Contract REGISTER -or sign 10- Multifunction Devices/Managed Print Services Contract Documents: Lead Agency: Solutions �aIi fax COLmr),VirZna 3 ye,ar, m,),)tn initial zClfi-n,?(1117-013 @0 W'3012016 nt �Y pt;kj,, tU renetn3 for(6)a ci d i t I c n a (1)y ea a cAj s FadlitiLs RIFIP Documents: orfke&School Specialty Postings Technology No of 5LppIjFrs vviio respondea m RTPr3, Main Menu U.S.Cummunik5:Current 5011CAM10FIS May 11,2012'o Jone I n.,2012 JUMP T0 Capadlon IME�X PublicT-rdars rylEly 11,Z6!?W 11111p I L�'2"11� Soliritaelons Onvia Dorixid Star Vciv 11,2U12'Q IL1110 1'j,2rjl 7 AbaLit &Event� �a;11!a'A Couwty rA-Y 1 ?01 1-),2-012 IN Resources Counties Ma}�11,ZOT?LC 19,2"" Shop Stale of HovvEfli and Oregon ( r 1'1,7 01 2 to June I f,?017 Solutions Contact Us Education Purchasing Government Purchasmg Go Green Prugrajrr Innovation Exchange U.S. COMMUNITIES I NATIONAL COOPERATIVE PURCHASING PRC)GPAM Getting Started Why Use U.S,communities ..L-, Discounts on Brands Over 55,000 agencies trust U.S. ir,r� 'Jei UI.S.(L.„nut I-I'm k Work:, CONTACT US BECOME A SUPPLIER ABOUT US LEGAL PRIVACY NAI(FA AH R—"L http://www.uscommunities.org/suppliers/ricohlricoh-contract/ 10/24/2014 0 (9, County of Fairfax , Virginia 111 Dats: FEB 112013 CONTRACT TITLE: Multi-Function Devices and Belated Services RFx NUMBER: RFP2000000264 CONTRACT NUMBER: 4400003732 COMMODITY CODE: 98559, 96661, 92031, 92037, 6044, 60072, 20880, 92045, 83885 CONTRACT PERIOD: Date of award through June 30,2016 RENEWALS: Six(6) One-Year or Any Combination Thereof SUPERSEDES: 4400002543 CONTRACTOR: VENDOR CODE: Ricoh Americas Corporation 1000011520 5 Dedrick Place West Caldwell, NJ 07006 Contact: Stu Parker Telephone: 720-344-5566 Fax: 973-882-2000 E-mail: Stuart.Parker @ricoh-usa,com TERMS: Net 30 Days FOB: Destination PRICES: Reference Attached Pricing Schedule DPSM CONTACT: Teena L Stewart,CPPB, Contract Specialist If Telephone: 703-324-3227 Fax: 703-324-3228 E-mail: teen a.stewart @fa irfaxcounty.goy Department of Purchasing&Supply Management I2060 Government Center Parkway,Suite 427 Fairfax,VA 22035-6013 Website: www.fairfaxcoun[ ovld sm Phone(703)324-3201,TTY; 1-800-82R-1 I40,Fax:(703)324-3228 I Notice of Award 440003732 Page 2 ORDERING INSTRUCTIONS: Any county department may enter into FOCUS (Fairfax County Unified Systems) a shopping cart indicating the item/service required, the quantity, the payment terms and the delivery date, The shopping cart must be annotated with the contract number. Requests exceeding the small purchase threshold ($10k) will be routed to DPSM and a purchase order will be executed, 1 Teena L Stewart,CPPB Contract.Specialist it I I DISTRIBUTION; Dept.of f=inance--Accounts Payable/e Contract Specialist---T,Stewart blT—Afsaneh Tfbbsle ACS,Team 1 —J.Waysome-Tomlin DIT—David Foechterle/e OJT—Mike Daily/e DDT—Tom Rose/e FOPS OPS—Michelle Hoilman/e FCPS—Kim Dickinson/e FOPS—Jean Welsh/e I € I I I i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Terry Stewart, Interim City Manager DATE: October 16, 2014 SUBJECT: AGENDA ITEM 9.H.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 PURCHASE AWARD/MUNICIPAL EQUIPMENT COMPANY,LLC. (MECO) BACKGROUND Currently the Fire-Rescue Department has seven (7) employees using bunker gear that has reached or is reaching the maximum recommended life span set forth by the National Fire Protection Association (NFPA 1851 Ch.10.1.2) Additionally, eight (8) new employees (November 2014) will need a set of bunker gear. Delray Beach Fire Rescue currently has many employees that have been issued one (1) set of bunker gear. It is recommended by NFPA that all contaminated gear be taken out of service and sent out for specialized cleaning (NFPA 1851 Ch. 7.1.4.1). It is the goal of the department to issue two (2) sets of bunker gear to each operational member of the department. This will allow each member of the department to have a backup set of bunker gear so that in the event a member's gear is contaminated, they have another set to wear while their contaminated gear is being cleaned and tested. The Janesville coats and pants have a built in protective system, fusion outer shell of Kevlar/Nomex, AraFlo thermal liner with Crosstech moisture barrier and are resistant to blood-borne pathogens and common chemicals. The suit is designed to shed water and other liquids and will dry quickly. It is designed to minimize firefighter fatigue and heat stress, and is less restrictive than other comparably priced gear. The Fire Department personnel would like to remain with the Janesville bunker gear for quality, built-in protection and to remain consistent with current bunker gear being utilized. This purchase is being made in compliance with Code of Ordinances, Chapter 36, Section 36.02(C)(6) (b), "City Standard". The price quoted from Municipal Equipment Company is based on the Lake County Contract#12-0806M. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Fire-Rescue is in the process of filling open positions with new recruits who will need structural bunker gear, replacing expiring gear per NFPA Standard 1851, and also continuing the process of providing two (2) sets of gear for each employee. Funds were allocated within the FY 14-15 budget for the purchase of bunker gear, per the background statement above. OPERATING COST The total cost for the bunker gear is $32,331.00. This is for fifteen (15) sets of bunker gear, at $2,155.40 per set. This purchase is being made in compliance with Chapter 36, Section 36.02(C)(6)(b), "City Standard". The price quoted from Municipal Equipment Company is based on the Lake County Contract#12-0806M. TIMING OF THE REQUEST Fire-Rescue is in the process of hiring eight (8) new employees to fill open positions with a projected start date of November 2014. Bunker gear is an essential component of their orientation program, and the procurement can be completed in a timely manner pending City Commission's approval. FUNDING SOURCE Funding is available from 001-2315-526-64.60 (General Fund: Machinery Equipment/Other Machinery/Equipment) and 001-2313-522-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment. RECOMMENDATION Recommend a determination that Janesville Firefighting Protective Equipment is a City Standard pursuant to Code Section 36.02(C)(6)(b); and recommend approval of a purchase award to Municipal Equipment Company, LLC (MECO) for $32,331.00 for fifteen (15) sets of Janesville Firefighting Protective Equipment utilizing the current contract #12-0806M between MECO and Lake County pursuant to Code Section 36.02(C)(7)(a)". COMPANY-LLC Serving Professional Firefighters August 15, 2014 Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FI 33444 To whom it may concern, This letter is to insure that the price of the.Zanesville bunker gear quoted to Delray Beach Fire Department is not being offered at a lesser price to other Municipalities in the State of Florida. Attached is quote # 068984 showing the specifications of the Janesville bunker gear, The price is based on the Lake County contract 412-0806M. If there are any questions please call our office at 1-800-228-8448. Sincerely, N/lathew 1-'enneman 2049 W Central Blvd. •Orlando, FL 32805 • 1-800-228-8448.407-843 3071 -FAX 877-775-2448 • wwiv necofirexoni Solutions&Services for the Professional Firefighlei- MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE . 2049 West Central Boulevard, Orlando, FL 32805 .—Customer Copy 800-228-8448 Fax: 877-775-2448 C©Iti &n MvlRLLC www.MecoFire.com -- MunicipalEquip @MecoFire.com Number 069523 Smti�Rz,4sn'nvl fSe,6w4rtrs Date 10/01/14 Page 1 Ship To: DELRAY BEACH FIRE DEPT Bill To: CITY OF DELRAY BEACH I 4170 ACCOUNTSPAYABLE @MYDELRAYBEACH. 501 W.ATLANTIC AVE 100 N.W.1ST AVENUE COM DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 REFERENCE# EXPIRES SLSP TERMS WH FREIGHT SNIP VIA 12/31/14 85 NET 10 DAYS 01 PREPAID UPS QUOTED BY: DW' QUOTED TO: CHIEF WETZEL ITEM DESCRIPTION ORDERED UM PRICE UM EXTENSION CVFM JANESVILLE ISODRI V-FORCE 42 EA 1245.000 EA 52290.00 COAT,32"LENGTH 7.25 OZ. PBI MAX,NATURAL OUTERSHELL K7 LINER CLW209 EVER-DR]WATERWELLS CLW753 8"ISODRI OVER-THE-HAND KEV LAR/NOMEX/SPANDEX WRISTLETS SF245 2.5"STORMFLAP WITH TWO LAYER SELF FABRIC AND ONE LAYER GORE RT7100 PTFE, THERMOPLASTIC ZIPPER IN, 1.5" HOOK AND LOOP OUT EB513 BLACK POLY-COATED ARAMID ELBOW REINFORCEMENT WITH LITE N DRI CUSHIONING SC715 6"OUTERSHELL SHOULDER CAP REINFORCEMENT CC711 BLACK POLY-COATED ARAMID CUFF REINFORCEMENT CR236 3"SPLIT SELF FABRIC COLLAR WITH TWO PIECES .75"X3"LOOP ON THE MOISTURE BARRIER,MULTIPLE PIECES .75"X2"LOOP TO EDGE FOR ATTACHMENT TO SHELL (NO THROAT TAB) BHS020 DRAG RESCUE DEVICE FBP651 10"X10"X2"FULL BELLOWS POCKETS WITH KEVLAR TWILL FULLY LINED ALL 4 SIDES,ONE PIECE 1"X10"LOOP ON THE POCKET AND THREE PIECES 1"X3" HOOK ON THE FLAP MT548 1"X3"SELF FABRIC MIC i CONTINUED MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE A 2049 West Central Boulevard, Orlando, FL 32805 Customer Copy COMPAIVY•LLC 800-228-8448 Fax: 877-775-2448 www.MecoFire.corn -- MunicipalEquip @MecoFire.com Number 064523 Date 10/01/14 Page 2 Ship To: DELRAY BEACH FIRE DEPT Bill To: CITY OF DELRAY BEACH 1 4170 ACCOUNTSPAYABLE @MYDELRAYBEACH. 501 W.ATLANTIC AVE 100 N.W.1ST AVENUE COM DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 REFERENCE# EXPIRES SI.SP TERMS Wl I FREIGHT SNIP VIA 12/31/14 85 NET 10 DAYS 01 PREPAID UPS QUOTED BY.- DW QUOTED TO: CHIEF WETZEL ITEM DESCRIPTION ORDERED UM PRICE UM EXTENSION TAB WITH POLY-COATED ARAMID INSIDE,LEFT CHEST CT504-PTY 3"VENTILATED LIME YELLOW SCOTCHLITE TRIPLE TRIM IN A VIZ-A-V TRIM PATTERN HL02 STANDARD 518"X 5-1/2" SELF FABRIC HANGERLOOP LTSL3YNS 3"LIME YELLOW SCOTCHLITE LETTERS SEWN ON THE YOKE"DELRAY" LTSL3YIS 3"LIME YELLOW SCOTCHLITE LETTERS"BEACH" UNDER"DELRAY" FLS554 FLASHLIGHT STRAP, 1.25"X8.5"WITH i"X2"VELCRO CLOSURE,#1703 HOOK WITH SELF FABRIC HOLDER BARTACKED 5"ABOVE THE STRAP, X-STITCHED TO THE SHELL, RIGHT CHEST,WITH THE HOOK AND STRAP ABOVE THE CHEST TRIM MT548 1"X3"SELF FABRIC MIC TAB WITH POLY-COATED ARAMID INSIDE,LOCATED HALF WAY BETWEEN THE#703 HOOK AND THE 1.25"X 8.5"VELCRO STRAP LP34 5'X18"ONE LINE HANGING LETTER FOR PLACEMENT ON THE HEM LPS6 TWO SNAP ATTACHMENT FOR LP34 LPV 13 VELCRO ATTACHMENT FOR LP34 LTSL3YNS 3"LIME YELLOW SCOTCHLITE LETTERS SEWN ON CONTINUED MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE qj 2049 West Central Boulevard, Orlando, FL 32805 Customer Copy COMPANY-11C 800-228-8448 Fax: 877-775-2448 Smicr n*w«vrRm,6,;,ftn www.MecoFire.com — MunicipalEquip @MecoFire.com Number 069523 Date 10/01/14 Page 3 Ship To: DELRAY BEACH FIRE DEPT Bill To: CITY OF DELRAY BEACH 1 4170 ACCOUNTSPAYABLE @MYDELRAYBEACH. 501 W.ATLANTIC AVE 100 N.W.1ST AVENUE COM DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 REFERENCE# EXPIRES TERMS WH FREIGHT SHIP VIA = NET 10 DAYS 01 PREPAID UPS QUOTED BY: DW QUOTED WETZEL ITEM DESCRIPTION ORDERED UM PRICE UM EXTENSION THE LP34 FOR THE PERSONS LAST NAME PVFM JANESVILLE ISODRI V-FORCE PANT 42 EA 858.000 EA 36036.00 WITH BELT 7.25 OZ.PBI MAX,NATURAL OUTERSHELL K7 LINER BHS013 2"WIDE KEVLAR BELT WITH 2"SELF-LOCKING THERMOPLASTIC BUCKLE WITH QUICK RELEASE MECHANISM BL007 3 BELT LOOPS, 4"WIDE X 3.5"HIGH,2-LAYER SELF FABRIC,DOUBLE STITCHED TO THE PANT SHELL,BARTACKED ALL FOUR CORNERS FLY233 SEWN ON PANT FLY WITH PJ CROSSTECH AND SEMPER DRI, THERMOPLASTIC ZIPPER CLOSURE INSIDE WITH 1.5"HOOK AND LOOP,314"HOOK UNDERNEATH PJ CROSSTECH FOR LINER ATTACHMENT KP214 BLACK POLY-COATED ARAMID CONTOURED KNEES WITH 2-LAYER GIC E-88 FOAM PADDING PC504 BLACK POLY-COATED ARAMID CUFF REINFORCEMENT BDP903 10"X 10"X2"SPLIT BELLOWS POCKETS WITH 2-LAYER KEVLAR TWILL FULLY LINED ALL 4 SIDES INSIDE POCKET&BLACK POLY-COATED ARAMID 5"UP OUTSIDE ON THE POCKET,ONE PIECE 1"X 10"LOOP ON THE CONTINUED MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE R. 2049 West Central Boulevard, Orlando, FL 32805 Copy auPAN 1.LC 800-228-8448 Fax, 877-775-2448 smtrV �fkxrA,krm www.MecoFire.com ~ MunicipalE=quip @MecoFire.com Number 069523 Date 10/01/14 Page 4 Ship To: DELRAY BEACH FIRE DEPT Bill To: CITY OF DELRAY BEACH 1 4170 ACCOUNTSPAYABLE @MYDELRAYBEACH. 501 W.ATLANTIC AVE 100 N.W.1ST AVENUE COM DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 REFERENCE# EXPIRES SLSP TERMS WH FREIGHT SNIP VIA 12/31/14 85 NET 10 DAYS 01 PREPAID UPS QUOTED BTDIV QUOT ED TO: CHIEF WETZEL ITEM DESCRIPTION ORDERED UM PRICE UM EXTENSION POCKET AND THREE PIECES 1"X3" HOOK ON THE FLAP LGT000 2 LEATHER LEG TABS PER LEG WITH NON-LOGO FEMALE SNAPS PTC4-PTY 3"VENTILATED LIME YELLOW SCOTCHLITE TRIPLE TRIM AROUND THE CUFFS PM0542 BOOT CUT PANT LEGS RP848 KLEIN TOOL POCKET LOCATED ON THE SIDE OF THE RIGHT LEG 1"ABOVE THE CUFF AND THE TOP OF THE POCKET TILTED 2"FROM CENTER TOWARD THE BACK OF THE PANT SR842M JANESVILLE 40"V-BACK QUICK 42 EA 52.400 EA 2200.80 ADJUST SUSPENDER WITH METAL LOOPS IN THE FRONT AND BACK, RED WITH BLACK PADDING SEW ON EMBLEM SEW"343"EMBLEM ON THE 42 EA .000 EA .00 OPPOSITE SHOULDER FROM THE ISODRI EMBLEM ERGGB5005P GEAR BAG,RED,600D POLY 42 EA 000 EA .00 ONE FREE GEAR BAGE WITH EVERY SET OF GEAR PURCHASED FOR PROPER STORAGE. PRICES QUOTED INCLUDE FREIGHT PER LAKE COUNTY CONTRACT#12-0806M. MERCHANDISE M1SC TAX FREIGHT TOTAL 90526.80 .00 .00 .00 90526.80 THIS QUOTE IS VALID FOR DAYS Quotation rate`°fz Witmer Public Safety Group 104 Independence Way i� �flrfl Coatesville,PA 19320 Quote ID: 184196 it i. / Date: 10/1/2014 Phone:(800)852-6088 Sales Person: JEFFREY C Fax:(888)335-9800 — Proposal To: Delray Beach Fire Rescue Proposal ID 184196 501 W.Atlantic Avenue Date 101112014 Attn:Division Chief Wetzel Sales Person JEFFREY C Delray Beach,FL 33444 Phone: (561)573-2027 Fax: (561)243-7461 Quantity Item ID Description Unit Amount JANESVILLE TFS SPEC GEAR 40.00 CVFM-4232S-B Janesville V-Force"TheFireStore"Spec C 1,255.00 50,200.00 Black,Spec ID#PSGQ4358-B Various Sizes **This Is TheFireStore Spec,Gear Can Not Be Altered** 40.00 LTSL3YNS SPO Janesville 3"Lime/Yellow 3M Scotchlite 25.00 1,000.00 Name Lettering,6-12 Letters "DELRAY" "Across Yoke,Line l** 40.00 LTSL3YNS SPO Janesville 3"Lime/Yellow 3M Scotchlite 25.00 1,000.00 Name Lettering,6-12 Letters "BEACH" **Across Yoke,Line 2** 40.00 LPS6 SPO Two Snap Attachment for LP34 Hanging Patch 3.50 140.00 40.00 LP34 SPOLion Apparel 5""x18" 1-Line Hanging Letter Pat 24.00 960,00 for Placement on Hem For Fusion,Advance,or Nomex-BLACK ***MUST BE USED WITH LPV 13&LPS6*** 40.00 LTSL3YNS SPO Janesville 3"Lime/Yellow 3M Scotchlite 25.00 1,000.00 Name Lettering,6-12 Letters "VARIOUS NAMES" 40.00 PVHM-40XS-B Janesville V-Force"TheFireStore"Spec P 865.00 34,600.00 Black,Spec ID#PSGQ4358-B **This Is TheFireStore Spec,Gear Can Not Be Altered** 40.00 TFS-JGB-R Jumbo Firefighter Gear Bag w/Reflective Trim 45.00 1,800.00 &Maltese Cross,Red 1.00 FREIGHT Shipping&Handling 70.00 70.00 *** To accept this quote into a sales order,sign and return this document via fax to 888-335-9800. You may also email your acceptance to quotes @WPSGIne.com. Product prices shall remain firm for 30 days barring any manufacturer price increases. Freight pricing may change without notice. Please note sizes,colors and shipping address before sending your order. *** *** Custom information(shields,badges,plates etc)should be faxed or emailed with your acceptance,if this information has not been provided during your initial quote request.If you have any questions regarding this quote, call 800-852-6088 or email quotes @wpsginc.com.Canadian customers: Shipping&Handling does not include US Customs and Border Fees into Canada and is to be paid by the customer. Orders shipped into Canada will only be shipped via the customer's freight account which must be provided before placing an order.WPSG does not export; therefore if the requested shipping address is to a domestic freight forwarder,the customer is responsible for filling out any forms related to exporting. *** Continued on Next Page Quotation Nee 2 of 2 Witmer Public Safety Group 104 independence Way j 4 •�rn �r Coatesville,PA 19320 Quote 1D: 184196 i6f f Date: 10!112014 Phone:(800)852-6088 Sales Person: JEFFREY C Fax:(888)335-9800 —Proposal To: Delray Beach Fire Rescue Proposal lD 184196 501 W.Atlantic Avenue Date 10!1/2014 Attn:Division Chief Wetzel Sales Person JEFFREY C Delray Beach,FL 33444 Phone: (561)573-2027 Fax: (561)243-7461 Quantity Item ID Description Unit Amount JANESVILLE TFS SPEC GEAR -;K al ACCEPTANCE OF PROPOSAL Subtotal 90,770.00 The above prices,specifications,and conditions Signature Tax 0.00 are satisfactory and are hereby accepted. Proposal is valid until October 31,2014 Date Total 90,770.00 Creniedby Eagle Business M-agemenl Spicros Proposal is Valid until October 31,2014 NAF6CQ ^ 1515 West Moulton Street Q U O T EI Decatur,AL 35601 Phone: 800-628-6233 Fax: 256-355-0852 Quote Number: 809422 info @nafeco.com Date: 10/01/14 Quote Expiration: NET 30 To: DF-L040 DELRAY BEACH FIRE DEPARTMENT 501 W.ATLANTIC AVE. DELRAY BEACH,FL 33444 F.O.B. Point: United States of America Salesperson: John Hogan(FL) Quote Prepared By: Charity Griffith Qty. UIM Item No. Description Each Amount 1 EA CVFM-K7-809422 JANESVILLE V-FORCE COAT PBI MATRIX 1280.25 1,280.25 1 EA PVFM-K7-809422 LION V-FORCE PANT WITH BELT PBI MATRIX 908.25 908.25 PRICE INCLUDES SHIPPING AND A 343 PATCH SWEN TO SLEEVE 1 EA N-107 Firefighter Turnout Gear Bag Red, 31"L x 14"H x 16"D 40.00 40.00 Sub-Total : $2,228.50 Quote Total : $2,228.50 If you have any questions concerning this quote,please contact our office Thank you for your business. Visit Us On The Internet At: www.nafeco.eom page: 1 Copyright 2013 National Fire Protection Association(NFPA). Licensed,by agreement,for individual use and single download via NFCSS All Access on January 2,2013 to VICTOR WILLIAMS for designated .user Kevin Green.No other reproduction or transmission in any form permitted without written permission of NFPA.For inquires or to report unauthorized use.contact licensing @nfpa.org.This NFCSS All Access subscription expires on 1 012112 01 3. NFPA® 1851 Standard on Selection , Care , and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting 2008 Edition Z : Customer Ill _ 28782467 NFP ,P� if E AGf C!ttTIFtEO {� NFPA NFPA, 1 Sattelymarch Park,Quincy, MA 02169-7471 An International Codes and Standards Organization Copyright 2113 National Fire Protection Association(NFPA). Licensed,by agreement,for individual use and single download via NFCSS Ad Access on January 2,2013 to VICTOR WILLIAMS for designated ,user Kevin Green.No other reproduction or transmission in any form permitted without written permission of NFPA.For inquires or to report unauthorized use,contact Ircensing@ntpa.org.This NFCS$All Access subserlption expires on 10121!2013. CLEANING AND DECONTAMINATION 1851-17 6.3.6 Additional Advanced Inspection Criteria for Proximity quired to perform complete liner inspections. The garment Fire Fighting Protective Ensembles and Ensemble Elements. element manufacturer or verified ISP shall provide written 6.3.6.1 Proximity fire fighting garment elements shall be in- verification of training. spected for the following: 6.4.3*Complete liner inspection of all garment elements shall (I) Loss of radiant reflectivity be conducted at a minimum after 3 years in service and annu- (2) Loss of radiant reflective coating(s) ally thereafter or whenever advanced inspections indicate that a problem might exist. The liner system shall be opened to 6.3.6.2 Proximity firefighting helmet overcover components expose all layers for inspection and testing. shall be inspected for the following: 6.4.3.1 A complete liner inspection of all garment elements (1) Loss of radiant reflectivity shall be conducted after 2 years in service and annually there- (2) Loss of radiant reflective coating(s) after following replacement of the moisture barrier,the CBRN (3) Damaged or missing reflective trim,if applicable barrier,or both. (4) Helmet attachment system for damage and functionality 6.4.4 The findings of the complete liner inspection shall he 6.3.6.3 Proximity fire fighting shroud components shall be documented. inspected for the following: 6.4.5 The complete liner inspection shall include,as a mini- (1) Loss of radiant reflectivity mum,the inspection specified in 6.4.5.1 through 6.4.5.3. (2) Loss of radiant reflective coating(s) (3) Helmet attachment system,if applicable,for damage and 6.4.5.1 The moisture barrier and the thermal barrier shall be functionality inspected for the following: (4) Distortion of face opening resulting in gaps around the (1) Physical damage to all layers and sides of each layer such faceshield as the following: 6.3.6.4 Proximity fire fighting helmet elements shall be in- (a) Rips,tears,cuts,and abrasions spected for the following: (b) Thermal damage (charring, burn holes, melting, or (I) Loss offaceshield radiant reflectivity discoloration ofany layer) (2) Loss ofshell radiant reflectivity,ifapplicable (2) Loss of seam integrity, broken or missing stitches, and loose or missing moisture barrier seam rape 6.3.6.5 Proximity fire fighting glove elements shall be in- (3) Material physical integrity;UV or chemical degradation as spected for the following: evidenced by discoloration, significant changes in mate- (1) Loss of radiant reflectivity rial texture, loss of material strength, loss of liner mate- (2) Loss of radiant reflective coating(s) rial,or shifting of liner material (4) Delamination as evidenced by separation of film from 6.3.6.6 Proximity firefighting footwear shall be inspected for substrate fabric,flaking,or powdering the following: 6.4.5.2 The moisture barrier shall be tested using the hydro- (1) Loss of radiant reflectivity static test to evaluate the water penetration barrier, as speci- (2) Loss of radiant reflective coating(s) fled in Section I2.3 and shall show no leakage. 6.3.7 Additional Advanced Inspection Criteria for Ensembles 6.4.5.3 The result of each water penetration barrier e—ilua- with Optional CBRN Protection. tion shall be recorded. 6.3.7.1* CBRN protective ensembles shall be inspected ac- cording to the manufacturer's instructions. 6.3.7.2 Complete liner inspection of all garment elements Chapter 7 Cleaning and Decontamination shall he conducted at a minimum after 2 years in service and annually thereafter or whenever advance inspections indicate 7.I General. that a problem may exist. 7.1.1* Organizations shall provide a means for having en- 6.3.7.3* CBRN protective ensembles shall be inspected for semble elements cleaned and decontaminated. loss of integrity,including but not limited to: 7.1.2 Ensembles and ensemble elements shall be evaluated (1) Loss of interface functionality by the wearer for application of appropriate cleaning level (2) Excessive material or component shrinkage or stretching after each use. 6.4 Complete Liner Inspection. 7.1.3 Ensembles and ensemble elements contaminated by 6.4.1 Complete liner inspection of all garment elements shall CBRN terrorism agents shall be immediately retired after be performed by a verified ISP or the organization's trained confirmed exposure and shall not be subjected to cleaning personnel. or decontamination. 6.4.2 The member(s) of the organization who has received 7.1.4* Ensembles and ensemble elements that are known or training in the complete liner inspection of the garment element suspected to be contaminated with hazardous materials shall shall be responsible for performing or managing the complete be evaluated on the incident scene by members of the organi- liner inspection. zation authorized by the organization to conduct a prelimi- nary assessment of the extent of contamination and the need 6.4.2.1 The garment element manufacturer or a verified ISP for ensemble or ensemble elements to be isolated,tagged,and and the organization shall determine the level of training re- bagged on scene. 2008 Edition 10 Copyright 2013 National Fire Protection Association(NFPA). Licensed,by agreement,for individual use and single download via NFCSS All Access on January 2,2013 to VICTOR WILLIAMS for designated .user Kevin Green.No other reproduction or transmission in any form permitted without written permission of NFPA.For inquires or to report unauthorized use,contact licensing @nfpa.org.This NFCSS AIi Access subscription expires an 1 012 11201 3. 1851-18 SCIuM OF PROTECTIVE ENSEMBLES FOR STRUCTURAL FIRE FIGHTING AND PROXIMITY FIRE FIGHTING 7.1.4.1 Contaminated ensembles and ensemble elements 7.2.3.4 Other debris shall be gently rinsed off with water. shall be isolated during the incident personnel decontamina- Heavy scrubbing or spraying with high-velocity water jets such tion process and removed from service until the contaminant as a power washer shall not be used. or suspected contaminant is identified and the elements can 7,2.3.5 Where necessary,a soft bristle brush shall be used to receive specialized cleaning as necessary to remove the spe- gently scrub,and the ensemble or element shall be rinsed off cific contaminant(s). again. 7.1.4.2* Where possible and where the contaminant and its 7,2.3.6 Where necessary,elements for routine cleaning shall source have been identified,the organization shall consult the be cleaned in a utility sink.designated for personal protective supplier of the contaminant and the manufacturer of the en- equipment (PPE) cleaning and decontamination using the semble and ensemble elements for an appropriate decontami- following procedures: nation agent and process. member(s) o A f the organization who has received (1)*Heavily soiled or spotted areas shall be pre treated.Chlo- 7.1.4.3 A member(s)cleaning f ensembles and ensemble elements rine bleach,chlorinated solvents,active-ingredient clean- training e shall be responsible for performing or managing specialized e agents,mble or ele ment manufacturer's approval. l s cleaning of elements contaminated with hazardous materials. * e solvents shall not be used without the en- {2) Water temperature shall not exceed 40°C (105°F). 7.1.5 Ensembles and ensemble elements that are known or (3) Mild detergents with a pH range of not less than 6.0 pH suspected to be contaminated with body fluids shall be evalu- and not greater than 10.5 pH as indicated on the product ated on the incident scene by members of the organization MSDS or original producL container shall be used. authorized to conduct a preliminary assessment of the extent (4)*Protective gloves and eye/face splash protection shall be of contamination and need for the ensemble or ensemble el- worn. ements to be isolated, tagged, and bagged at the incident (5) Element(s) shall be gently scrubbed using a soft bristle scene. brush. (6) Element(s) shall be thoroughly rinsed. 7.1.6* Organizations shall have written procedures detailing (7) Element(s)shall be inspected and,where necessary,shall the decontamination and cleaning processes for ensembles be rew-ashed or submitted for advanced cleaning proce- and ensemble elements contaminated with body fluids. Uni- dures. The manufacturer shall be consulted if stronger versal precautions shall be observed at all times by members cleaning agents are required. handling elements known or suspected to be contaminated (8) Elements shall be dried in accordance with Section 7.4. with body fluids. (9) Following the routine cleaning procedure,the utility sink 7.1.7 Soiled or contaminated elements shall not be brought shall be rinsed. into the]ionic,washed in home laundries,or washed in public 7.2.4 Additional Requirements for Routine Cleaning of Gar- laundries unless the public laundry has a dedicated business ment Elements. to handle protective ensembles and ensemble elements. 7.2.4.1 Routine Cleaning procedures for cleaning garment 7.1.8*Commercial dry cleaning shall not be used as a means elements shall be used only for spot cleaning of the element of cleaning or decontaminating ensembles and ensemble ele- and shall be performed in a utility sink. ments unless approved by the ensemble or ensemble element manufacturer. 7.2.4.2 To avoid cross contamination, garment element lay- ers shall be isolated whenever possible. 7.1.9*When contract cleaning or decontamination is used,the ISP shall demonstrate,to the organization's satisfaction,that the 7.2.4.3 Cleaning of the entire garment element shall be ac- procedures for cleaning and decontamination do not compro- complished using advanced cleaning procedures. mise the performance of ensembles and ensemble elements. 7.2.5 Additional Requirements for Routine Cleaning of Hel- 7.2 Routine Cleaning. met Elements. 7.2.1* The end users shall be responsible for the routine 7.2.5.1 If it is necessary to totally immerse the helmet, the cleaning of their issued ensemble and ensemble elements. impact cap shall be separated from the helmet shell. Each element component shall be washed and dried separately be- 7.2.2 Organizations shall examine the manufacturer's label fore reassembly. and user information for instructions on cleaning and drying 7.2.5.2 Solvents shall not be used to clean or decontaminate that the manufacturer provided with the ensemble or en- semble element. In the absence of manufacturer's instruc- helmets or helmet components. The manufacturer shall be tions or manufacturer's approval of alternative procedures for consulted if stronger cleaning agents are required. the ensemble or ensemble element,the routine cleaning and 7,2,5.3 Helmets shall not be machine dried using equipment drying procedures provided in this section shall be used. that produces mechanical action from tumbling or agitation. 7.2.3 Routine Cleaning Process. 7.2.6 Additional Requirements for Routine Cleaning of Glove 7.2.3.1* Where possible, the contamination levels shall be Elements. Glove elements shall not be machine dried using evaluated and cleaning shall be initiated at the emergency equipment that produces mechanical action from tumbling scene. or agitation. 7.2.3.2 Ensembles and element layers shall be isolated when- 7.2.7 Additional Requirements for Routine Cleaning of Foot- ever possible to avoid cross contamination. wear Elements.Footwear elements shall not be machine dried using equipment that produces mechanical action from tum- 7..22.3.3 Any dry debris shall be brushed off. bling or agitation. F-0 1— 2008 Edition Copyright 2413 National Fire Protection Association(NFPA). Licensed,by agreement,for individual use and single download via NFCSS All Access on January 2,2013 to VICTOR WILLIAMS for designated maser Kevin Green.Na other reproduction or transmission in any form permitted without written permission of NFPA.For inquires or to report unauthorized use,contact licensing@nfpa.org.This NFCSS Alt Access subscription expires on 1012112013. 1851-22 SCAM OF PROTECTIVE ENSEMBLES FOR S'T'RUCTURAL FIRE FIGHTING AND PROXIMITY FIRE FIGHTING 9.1.2* Ensembles and ensemble elements shall be clean and elements that were not in compliance with the edition of the dry before storage. applicable NFPA standard that was current when the en- 9.1.3 Ensemble and ensemble elements shall not be stored in sembles and ensemble elements were manufactured shall be airtight containers unless they are new and unissued. retired in accordance with 10.2.1. 9.1.4* Ensembles and ensemble elements shall not be stored 10.1.6 Structural fire fighting ensembles and ensemble cle- at temperatures below-32°C (-25°F) or above 82°C (1807). meats and proximity fire fighting ensembles and ensemble elements that are contaminated to the extent that the orgam- 9.1.5 Ensembles and ensemble elements shall not be stored zation deems it not possible or cost effective to decontaminate or transported in compartments or trunks with sharp objects, them shall be retired in accordance with 10.2.1. tools, or other equipment that could damage the ensembles or ensemble elements. Where ensembles or ensemble ele- 10.1.7 Structural fire fighting ensembles and ensemble ele- ments must be transported or stored in such environments, menus and proximity fire fighting ensembles and ensemble the ensemble or element(s) shall be placed in a protective elements that are contaminated by CBRN terrorism agents case or bag to prevent damage. shall be immediately retired as specified in 10.2.1 after con- firmed exposure and shall not be reused. 9.L6* Soiled ensembles and ensemble elements shall not be stored in living quarters or with personal belongings or taken 10.1.8* Structural fire fighting ensembles and ensemble ele- or transported in the passenger compartment of personal ve- ments and proximity fire fighting ensembles and ensemble hicles.Where ensembles or ensemble elements must be stored elements that are no longer of use to the organization for or transported in such environments, the ensembles or en- emergency operations service but are not contaminated, de- semble element(s) shall be placed in a protective case or bag fective,or damaged shall be retired in accordance with 10.2.I to prevent cross contamination. or 10.2.2. 9.1.7*Ensembles and ensemble elements shall not be stored 10.2 Disposition of Retired Elements. in contact with contaminants such as,but not limited to,oils, solvents,acids,or alkalis. 10.2.1 Retired structural fire fighting ensembles and en- semble elements and proximity fire fighting ensembles and 9.1.8 Proximity fire fighting protective coat and trouser ele- ensemble elements shall be destroyed or disposed of in a man- menu shall be stored by hanging to limit the damage caused ner ensuring that they will not be used in any fire fighting or by creasing and shall not be stored folded. emergency activities,including live fire training. 9.1.9 Ensemble and ensemble element storage areas shall be 10.2.2 Retired structural fire fighting ensembles and en- clean,dry,and well ventilated, semble elements and proximity fire fighting ensembles and ensemble elements as determined in 10.1.8 shall be permitted to be used as follows: Chapter 14 Retirement,Disposition,and (1) For training that does not involve live fire, provided the Special Incident Procedure ensembles and ensemble elements are appropriately l O.I Retirement< marked as being for non—live fire training only (2) As determined by the organization 10.1.1*The organization shall develop specific criteria for re moval of structural fire fighting ensembles and ensemble ele- ments and proximity fire fighting ensembles and ensemble 10.3.1*The organization shall have procedures for the han- elements from service, which includes, but is not limited to, dling and custody of structural fire fighting ensembles and issues that are specific to the ensembles or ensemble elements ensemble elements and proximity lire fighting ensembles and being used by the organization, the manufacturer's instruc- ensemble elements that were worn by fire fighters who were tions,and the experience of the organization. victims at incidents where serious injuries or fatalities to the 10.1.2* Structural fire fighting ensembles and ensemble ele- fire fighters occurred. ments shall be retired in accordance with 10.2.1,no more than 10.3.2 In the absence of any other prevailing rules of evi- 10 years from the date the ensembles or ensemble elements dente,the organization's procedures shall include at least the were manufactured. following: 10.1.3 Proximity fire fighting ensembles and ensemble ele- (1) Provisions shall be made for the immediate removal from ments shall be retired in accordance with 10.2.1,no more than service and preservation of all structural fire fighting en- 10 years from the date the ensembles or ensemble elements sembles and ensemble elements and proximity fire fight- were manufactured. ing ensembles and ensemble elements utilized by the in- 10.1.3.1*In all cases,the radiant reflective outer shell shall be jured or deceased fire fighter, replaced at a maximum of 5 years. (2) Custody of such ensembles and ensemble elements shall 10.1.4* Structural fire fighting ensembles and ensemble ele- be maintained at a secure location with controlled,docu- ments and proximity fire fighting ensembles and ensemble mented access. elements that are worn or damaged to the extent that the (3) All such structural fire fighting ensembles and ensemble organization deems it not possible or cost effective to repair elements and proximity fire fighting ensembles and en- them shall be retired in accordance with 10.2.1. semble elements shall be nondestructively tagged and stored only in paper or cardboard containers to pre- 10.1.5* Structural fire fighting ensembles and ensemble ele- vent further degradation or damage. Plastic or airtight ments and proximity fire fighting ensembles and ensemble containers shall not be used. n2008 Edition I S' LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1. Modification No.: 4 2. Contract No.: 12-0806M Effective Date: July 31,2014 Effective Datc:June 12,2012 3. Contracting Officer:Donna Villinis 5. Contractor Name and Address: Telephone Number: 352 343-9765 Municipal Equipment Company,LLC 4. Issued By; W.Central Blvd. y: Orlando FL 32805 Procurelnetit Services Lake County Administration Building Attn:Dale West 315 W. Main St.,Suite 441 Tavares,Florida 32778-7800 G. SPECIAL INSTRUCTIONS:Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within hin ten 10 s after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was Previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to add following manufacturer to current contract, 8. Cantrac or's Si nature REQUIRED 9. Lake County,Florida Name id _ By: i Title: �7G�' /V 1�--//j` Senior Contracting Officer Date: ! 31 —`7_ ^ J 1 Date 10. Distribution: Original:Bid File No. 12-0806 Cc Vendor RSCA[.A'ti D ADMINISTRATIVE 3FRVICFSIPR0CLIRFI,fE-v. rsERVICFS P.O.BOX 7900-315W.MAIN ST.,TAVARCS,1.1.32778.11352.343.9839.F352.343.9473 boaral of(.'ornrtV Commissioners•vs,,,,y.lufiecomrtyJi.gpr iwo- IY 1.SULI WAN SI'AN M. I'ARK5..In:r.Qr:r- IIMMY CONN[R LESLIE CAMHONI 14'I11ON G.CADWELf. Distrief t District 2 vistrici 3 District 4 Dt.viricl 5 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 12-0806 Additional Sheet Manufacturer: �f l C� N4 p L Discount from current price list 1 � % Price List No. —A/�t ` A• Date of Price List / Warranty, f_ r",.A,ct Stocking Distributor? Yes ✓ No Lead time: Hourly rate for repair and service$ (per hour) r Minimum order(if any)$ Handling fee if less than minimum order$ Name/Telephone/Cell/Beeper of F,mergency Contact Have you supplied the required Catalogs and List Price Sheets? YES t° No Manufacturer: Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service$ (per hour) Minimum order(if any)$ Handling fee if less than minimum order$ Name/Telephone/Cell/Beeper of Emergency Contact Have you stgolied the required Catalogs and List 90 LAKE COUNTY F L0111 DA MODIFICATION OF CONTRACT 1. Modification No.: 3 2. Contract No.: 12-0806M Effective Date: June 23,2014 Effective Date:June 12,2012 3. Contracting Officer: Donna Villinis 5. Contractor Name and Address: Tele hone Number: 352 343-9765 Municipal Equipment Company,LLC 4. Issued B 2049 W. Central Blvd, Y Orlando FL 32805 Procurement Services Lake County Administration Building Attn:Dale West 315 W.Main St.,Suite 441 Tavares,Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return fl-ii form to address shown in Block 4 within ten (10) days after rec i t preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was reviousl provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to add following manufacturer to current contract. 8. ContZ;�- ignature REQUIRED 9. Lake County,Florida �( Name: .. Byi!)�f j �'_ Title: C t Il D /V � Senior Contracting Officer Date: - Date 10. Distribution: Original:Bid File No. 12-0806 Cc:Vendor FISCAL AND ADMINISTRATIVE SERVICESIPROCUUMENT 5ERVI(TS 11.0.BOX 7800'515 W.MAIM ST.,TAVA1z ES.1=1.32778-1'352.343,9939-1-352.343.9473 Doorrl afC orufly Commissioners•1c1VuV.1ukecofu)hf7.gov I IMOTVY 1.SULLIVAN 5FAN M. PARKS,A1tR(jPP JIMMY CONNER IESLIE CAMPIONE WUTPN U.CADWEII. Ai�7rh!1 1)1410'irl 2 14%trirl 4 Dkrrirr 4 Dkirict 5 SECTION 4--PRICING/CERTIFICATIONS/SIGNATURE'S ITB Number: 32-0806 Additioua] Sheet 1blfniyfacturer: VaTX Discount from current price list 36) % ��11 Price List No, &%/A Date of Price List Warranty ,EGA I Al-f 2- Stocking Distributor? Yes No Lead time: 2 V`)r-ut'—( Hourly rate for repair and service$��(per hour) I Minimurn order(if any) i I Handling fee if less than minimum order$ E i Name/Telephone/Cell/Beeper of Emergency Contact �A-C.�t,�.'�;l•y 1��7� �G a .;tea � s�" i Have you supplied the required Catalogs and List Price Sheets? YES NO Ma n ufaetu rer: Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead lime: Hourly rate for repair and service$ (per hour) Minimum order(if any)$ Handling fee if less than minimum order$ Name/Telephone/Cell/$eeper of Emergency Contact Nave oy u supplied the required Catalogs and List 90 LAKE COUNTY I= 1. 01kILEA MODIFICATION OF CONTRACT 1. Modification No,: 2 2. Contract No.: 12-0806M Effective Date: July 1,2014 Effective Date,June 12,2012 3. Contracting Officer,Donna Villinis 5. Contractor Name and Address: Telephone Number: 352 343-9765 Municipal Equipment Company,LLC 2049 W.Central Blvd. 4. Issued By: Orlando FL 32805 Procurement Services Lake County Administration Building Attn:Dale West 315 W Main St.,Suite 441 Tavares,Florida 32778-7800 6. SPECIAL INSTRUCTIONS:Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in B1gzk 4 within ten (10) days after recgipc preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed cop),of this modification and attach to original of contract, which was Previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend contract one(1)year,expiring Jane 30,2015. 8 Contra or s Signature REQUIRED 9. Lake County,Florida Name:_��k 1 By. ..._.. _ U Title: �l(C%t r/lr1(7t✓/ _ Senior Contracting Officer Date: 17 Z1$.'LD k4 Date 10. Distribution: Original:Bid File No. 12-0806 Cc:Vendor 1;IKAL AND AD IINISTRA1 IVI`.31TVICFS'I'IiUCI RFNIF.NT SFRVICFS 110.Iiox780fl•315W \1AINS'I','I'AVAItfiS.F1.12778•it352.34,t.9939-F.;525.139471 nwado.tUnwr .(C'"111BSS,omys•,ru'.r.Il,decO,IxlJfl.gm' 114101'11V I.5111IIVAN 11An M. rAI(i:c• (1,rlvlr 11.mMY CONN'IR I1%111 CAMVIONI %V1IIIIN G.CAnit'I I I Ai Hwh 11 Morh 12 bi.[rlrl I lWark(d Pl[N$[t 5 er LAKE_ COUNTY FLORIDA MODIFICATION OF CONTRACT 1. Modification No.: 1 2. Contract No.: 12-0806M Effective Date:June 12,2013 Effective Date:June 12, 2012 3. Contracting Officer;Barnett Schwartzman 5. Contractor Name and Address: Telephone Number: 352 343-9424 Municipal Equipment Company,LLC 4. Issued B : 2049 West Central Blvd. Y Orlando,Florida 32805 Procurement Services Lake County Administration Building Attn:Dale West,Vice President 315 W. Main St.,Suite 441 Tavares,Florida 32778-7800 G. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and&Mjrn this form to address s own in Block 4 with en 10 days after receipt preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend one(1) year expiring June 30,2014. 8. Co n ctor's Si/gna��ture IREC�UIRED 9. Lake County,Florida Name: By: <- IT 4 4)!N F_ Procurc ment Services Manager Date: /� / �3 _ Aoe (3 Date 10. Distribution: Original-Bid No. 12-0806NI Copies- Contractor Contracting Officer APR - R10 111! V 11.I+ 'I KII' ltill:11111 v}Ir11[k S E'lff 11 I }ILAfI•I l!f!lli I 1'filifl\ ;801- ,I�1% \1'\IN I i11',%RI ik 07",A-P 2 A3QA1'I.1 1;'71 li.nrl„ra uw[!, ! 4W,MLA tilulh'P.i•a��l�.hi�r��gwr117,�.,- ll .;. E 111 ! II IIC1 `I I';.E,r.`. rr+;r IIA7 X75tU1'N I it Ifti I I I f A 1'Ic 1,1 I-.A K E COUNTY CONTRACT NO. 12-0806M For Fire Equipment and Supplies LAKE COUNTY. FLORIDA, a political subdivision of the state of Florida,its successors and assigns through its Board of County Commissioners(hereinafter"County")does hereby accept,with noted modifications,if any, the Bid of Municipal Equipment Co-, LLC (hereinafter "Contractor') to supply Fire Equipment and Supplies to the County pursuant to County Proposal Number 12-01306 (hereinafter"ITB"), -closing dated March 21, 2012 and Contractor's March 14, 2012 IT6 response thereto with all County ITB provisions governing. Special Clauses: Public Records All electronic files, audio andlor video recordings, and all papers pertaining to any activity performed by the CONTRACTOR for or on behalf of the COUNTY shall be the property of the COUNTY and will be turned over to the COUNTY upon request. In accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public records available for inspection by any person even if the file or paper resides In the CONTRACTOR's office or facility, The CONTRACTOR shall maintain the files and papers for not less than three (3) complete calendar years after the project has been completed or terminated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of the Contract, the CONTRACTOR shall appoint a records custodian to handle any records request and provide the custodian's name and telephone nurnber(s) to the COUNTY. Prohibition against Contingent Fees The CONTRACTOR warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. This Contract shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns. This Contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. The failure of any party hereto at any time to enforce any of the provisions of this Contract will in no way constitute or be construed as a waiver of such provision or of any other provision hereof, nor in any way affect the validity of, or the right thereafter to enforce, each and every provision of this Contract. During the term of this Contract the CONTRACTOR assures the COUNTY that it is in compliance with Title VI I of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the CONTRACTOR does not on the grounds of race: color, national origin, religion, sex, age, disability or marital status, discrimination in any form or manner against the CONTRACTOR employees or applicants for employment. The CONTRACTOR understands and agrees that this Contract is conditioned upon the veracity of this statement of assurance. A copy of the Contractor's signed Proposal is attached hereto and incorporated herein,thus making it a part of this Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. No financial obligation shall accrue against the County until Contractor shall make delivery pursuant to order of the County Procurement Services Director. The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from June 12, 2012 through June 30, 2013 except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty(30)day written notice for the convenience of the County. This Contract provides for two (2) one (1) year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director. LAKE COUNTY, FLORIDA By: Senior Contracting fficer Date: Distribution: Original-Bid File Copy-Contractor Copy-Public Safety s LAKE COUNTY FL0ItIL) A INVITATION TO BID (ITB) FIRR EQUIPMENT AND SUPPLIES ITT Noniiier: .12-0806 contracting wricer: I2osennn Johnson Bid Due Date; Malrch 21.2012 Pre-laic!Caonf. Date: Not alpplieable Rid Due Tinie: 3:00 pm t7'l3 Issue Date: Fcbruavy 1 G,2012 TABLE OF CONTENTS - - SI IrTION I-. Special feria~and Conditions Pages 2-16 SECTION 2: +taawnicnl of Work Pages 17.18 SECTION 3: General Ternis and Colwlitions Pages 19-22 SFC'TION 4: Pricing/Ceilifcaltiowls"Signattires Puges 23-91 SECTION S: Attachmcnts Pages 72-93 SPECIFIC Sf)UCITAT1ON REC�lU1REN[GN'TS_ARr AN NOTED BELOW- Proposti aandlor Performance Bond: Not a;)pIicarblc to this ITCi Ccrtilic:ale of Coltapetellcyr/License: Not applicable to this ITH lndcnmicatia[allnsuraanc4: See Section 1.8 Pre-Bid Couli wum/Walk-'l'hrw Nol 3pplit%hlc to this 1TB Al the elate: aiud tinge siveified above, aill bids that have been re-ceived in a timely munucr will be opened, lcconled, and accepted for considea itiun. The imines of the hiddlrrs submitting bids will be vend aloud and recorded. The bids will be available for inspcelion dtn'irlg normal businrs5 lacaurs i[a the Office of Procurement Services thirty (30) calendar clays at'ter the official bid due date_ Wheal G01.1311.01'- signed by an authorized County representative, lhiS dMIn11clit 811d mily Specifically identified attachments may form [lie L: (grad doctiment binding the parties to;ill perfornimice specified herein_ Vendors shall cumllleles mill return the entirely of this ITB Dneunlent, and attach all other informailion requested in this ITI3 docinneul (See Provision 1.13). Failure In sign the bid respome, or to sullmil the bid ivspouse by (lie specified time and elate, uuly be cause for rejection of Ilse laid. NO-RESPONSE REPLY If tiny vendur does not want to respond to Ill i,%cctilicitatinn at this time, or, would like to he removed from Lake County's Vendor List, please marls the appropriate. Space,compicte name below and rc:hirn this page only. ❑ Not lnlerestcd at Ibis timc; keep our lil-111 ur1 LAC C'cxulty's Vendors List 16r future SolicitittiMLS fur illis p.rodtict r Service ❑ Please remove our kraal from hike C,mmly's Vendor's I.Ist for this product/scrvicu. VENDOR IDENTIFICATION Company Name: t ), r ()'dJ 1.[('''T 1 J(1'lmnc Number: [ F-mailAddivi%: r� slC t��s=�i" (.,2_' Gi+_ i f=;i�.� , << '• i Contact Permoij: M i SECTION A — PRICING/ CERTIFICATIONS/S1(',NA'I'LfltLS ITT Number: 12.0806 ITB TITLE: FIRE EQUIPMENT & SUPPLIES NOTES; • Lake C:ounly is exempt from all luxes(Federal. State, Local). Pricing Should he leas all lakes. A Tax Exemption Certificate tifcate will be furnished upon request, • The vendor shall not :alter or amend any of the information (including bill not limited to slated ullits Of measure, iluln (lcscrilltion, or quantify) z4ated in the Pricing; Scction. It'ally quantities are Slatted ill the pricing section as being; "estimated" quantities, vendor, are advised Ice review the "Estinlatud Quanlities"clause containcd in Section 3 of this svlicilalion. • Bach jarice o1krCd in your bid shall bL; a firm-fixed price,exclusive of any tax. Any bid containing;a modifying or "escailalor" clalusc not specifically allowed for under the solicilalion Nvill not be CDnsidercd. • All pricing sliall be I''013 Destlnaii(Ill nthel'lvise Speei lud ill t111S.90kililti011 dUCtillivil. • All pri6ng mtbmitted Shall remain valid fora 90 day perlod. I3y Sig iiing atii(l suboiilltiiig a 1'espoiisu to tllis solicitation, the vell(lor Itas specifictllly agreed to this condition. • Vendors are advised to visit our ;>ebsile at sind register as a puten ini vendor. Vendors Had have registered un-line receive an c-mail notice when the Comity imues a solicitation matching the commodity codes selected by a vendor during the registration prommi. ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: Complete Part I or Pad 11, whichever apptics fart I: Tl1L fll(ICICi'llllltit list bClu14' tliC d0e5 of ISslle fol-ca ell a(Idendum received in conneatloll with tlliS ITB; Addendum 111, Dale& Adticndunl it2, Darted: Addendum 43, Dated; _ Addenctulii 44,Dated; Part Ili: [�KNo Addendum was received in connortion with this ITB. 23 SECTION 4—PRICING/C'I-:RTIFICA`I'IONSI SIf.1fA'1'UHLS I B Number; 12-0806 PRICING SECTION (Note: Not in alphahelicid urdei%) If ill ski)ul'acturer listed is n,i longer ill business, please marls an X though the Bailie of the firm. if manufacturer listed has had a name clatinge,please cross through vendor nanic and write in correct name. If you represent manufacturers that are nut listed, please add additional shco.s. I, 3M CM MPAN.Y I}iscouitt from ctnieiit price:list Price List No, Daleof•Pricc List ��iil7'c�ilt}' Stocking Distributor? Yes No I.Cad thile: Hourly rate for repair oral service.S (per hour) Minimum order(if any) 1land1hig 1'ru if less than minimum order S Naiiid'I'cici)liuueaColl/rieeper ol'Emergency Contacl Have yiaL-im )lied the required i_atalams and List Price sheds? YGS NO 2. ABI,F Sl-)O ME Discount From current price list Price list No. Vate of Price List WurrEinty - Stocking,Distritnitel-? Yes _No - ].Call Lillie: Hourly rate for repair and service S (per hour) 1Vliniinuni urdet'(if tatty)$_ 1landling tee if less than minimum order$ Nai3ic:'Ccicl;liinie.fCellilieeper of Frncrguncy(:otitact I lave ecru r;ulililied the reopi-W Ccat:i tjgi Ind List Price Sheets? YES NO 24 SECTION 4-- PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 12-0906 3_ ACTION Discount from Current price list 11 Price List No. Date of Price List- Wa11'anty Mocking Distributor'? Yes No Lead time: Hourly rate for repair and service S (per Hour) Miriimuna older(i any)S Handling fee if less than udoinwm Order - Naaraeti'cleplaone1Cell/Rcclacr ul Emergency Contact Have you supplied the nvaquired Catalogs and List Pricy Shcets7 YFS NO 11. AH STOCK r� DiSCOMIL fr0111 Ctlrr @Ili pries list a % Pricy: List No. � Date of Pride Lis ill u warrant}' Stocking Distributor" Yes —No Lend time: F-Ioirrl)'rruc for repair.anti service:S /0,� (ncr Illllll') IvIlin Mum order(if my)S_ /V Iaalnlliaag FCC if less t11111 tninurauul order S Nranic?"I'cicphorrciC;elliBeeper o f Emergency Contact ilaave you suullied the mWflred Cululo s and List Price Shc;els7 ' YI=S NO 5. AIM Discount from current price list Price List No_ Uate nf'Price I.itil _ Warrawy 25 SECTION 4-- PRICING/("EK'FIFICATIONS1 SIGNATURES I'M Nambec I2-0806 Slockiug Distributor? Yes No I.aad thuc_ Hourly rate for repair ind service S (per hour) minimum order(many)$ I Mandling Icc W less than minimum order S Nttmc?'1's lcl�i+oncr'C.cll?lyccl3et`o1'I mergeticy Contact I lave you supplied flit required C'atalpu�s and List Trice Sheets? YFS NO G. AJAX Discount *om current price list /j U ► P % Price I,iSt No. Date 01`11ricc last 1'�'airunly Stocking DimributuO Yes Na Lead time: I Iourly rate Im rclm4 and service$ (per hour) Minimum order(if Any)S I landling tee if lm than minimum order S` NatnelTcicl�lxmclt'clltLicc#>er crf L nfergency Conlwl i Dive you supplicd tlic required Catalogs and list Price-Sheels`? YES� NO 7. AKRON BRANS 'i�S Discount liom current price list + ( % Price list No. Av Date or Price list r b-. Warranty S~ °�r '.11L.1 Stocking Distributor'! Ycc ?": No Lead time; lourly rate li►r repair autd service S i 1. (per hour) Minimtun order(iI'ally) 26 h SECTION 4— PRICING/CERTIFICATIONS/SIGNATURES I'M Number: 12-11806 Handling fee if less than ininimum order S { Nt+mef'1 cicpltoneJC:eIVBeeper of•Pnicrguicy Contact lave y)u supplied the required Catulm;s and List Price Sheets? _YL•'S NO 8. AIXFN SVS"I'LMS Dimlint from cltrrcnt price list Alc, ' 1 Il "/a Price List No- Date of Price List Wan-anty Stocking Dixfrihutor'; Yes Nu Lead tithe; I lourly rate for repair and service (per hour) Minimum order(ifaoy)$ Handling Ji v if Icss than minimum order$ Natne.+'felelyhnnc,t',cIIJE3ccl}er of Emergency Contact ll7ve t stippliccl he ixyu'trccl Ctttaloe,s:tncl List Price Shcets7 YES NO 9" ALCICOLITIR Discount frc m current price list —`ye Price List No." tul 'A Dwc of Prise list C ! (.1 Wnr+'anty -t 6A/4 t Stocking Distributor? Yes No Lead time: fourly ruic tier repair and service$_IVA (lxr how.) Minitttum order(if any)!s I landling fee if less Ilium it►inimttnt order s V:ts3tc:7'clephoncf('clit13L-cl)cr ofLinergency Contact Have you supplied tl,r required Catalous and I Jsf Pricc Sheels'l YES NO 27 SECTION 4 --PlUCINGI CV111 llF IC:ATIONSI SIGNATU1CS ITB Number; 12-0800 10. AMEREX Discount ihmn current price list l i 6 r Price List Nm Dale of Price List- _.. - � Stocking Distribulor? YeS No Lead time: Hourly rate for rcptsir.and service$ (per ltiour) Minilututt order(il"Illy)$. - - Handling iee it ICSS than ntilriilnann order S Nalnc?1'elep]►onef('c1UE3ccper of L?tne'rgency C induct Have you supplied the required Catalogs and List Price Sheets? YES _ NO 11. AMERICAN FIREWF.Ali Di%Wallt froln ctu•re111 price I ist Price List'No,,__ A IA- Daw of Price list �Il 111 i Wurru►uy fi l,�ir� 1� _ 1J F f z r _i flocking Distrilkutor? / Yes. + No Lead this: I — �f-�� )-A"E,,-�l i Hourly role for repair and service S A`/ 1 (per Dour) ,M iniitnutn order(if tally)S -61 Hfurdliag fee if less than iniuinu►tnt order Nalliel I Clephonel CelIJRccpcl-or unlergency Callum Ha+e 'lll3 3 Slil)1)tled IhL rc:cLiked Catalogs I.IS3 Brice Sheets? YF.S NO 12. A149EAUC N LAFRANCE Discount fmin Current price list /i % Price Lisl No, Date of Pricc List Warranty 28 SECTION a — PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 12-11806 Stocking Distributor? Yes--No I Lead tillte: 1401.311y fate for repair and service (per haler) Minimum order(if ally)S 1-iauulliug fee if less lban minimum order 5 Name�1'elelr1tio11e,Cc lltEicc per of l�mergeacy Contaci Have you supplied the reEpired Crltulogs mul List Price Sheets? YIIS NO 13, ANGUS Iliscunalt from clnfrent price IiS1 /L/ l_) % Price IAA No. Dale of Price List Warrunly Stacking Distributor? Yes— No Ix,id time: Hourly rate Cor repair and service S (per 110111') Minimum order(if any)S Handling fee if less than minimum older Nalslc/'I'clephaneJCell/Beeper offinurgency Contact H11vc_y0u gom ied the required f amliTs and List Price Sheets? YPS NO 14, ANSUL FOAMS DiNcot111t iroal currelit price list_ �I' % Price list No. hale of Price List will-i•an ly stocking Disirihutclr", Yes No Lead(line: I nurly rate for repair and service:S �(per hoterl Millllllnlll order(irally) 29 E SECTION 4--PIUC INCf CERTI N ICATI©NSI SIGNATURES ITR Numher_ 12-0806 Ila ndling Isc i I'Im,tlum minimum order S _ NanEe/TclephurivIC'cllil3ecl)er of Emergency Contact l I.iveyOU suppliCd IIIQ aCyuired Catalogs-pEjd List Price Sllceis? YES_ NO 15. APPLECROFT Discount Isom eurrenl price list A), i % Price List NO. Date of Price list W ntra illy Stocking Distributor? Yes No Lead time: Hourly rate for repair anti survicc$. (per hour.) A4iltirtttun Order(if ally)S flalndling fee if less than miniacum order S Name+FelepbonefCell/Reeper of Emergency Comm I 1aatFc b� a sup ILI ie4_thc required Cattalo s attcl,List Price SF+cct ! Y E ? O 16, 13& B 1,11 FERPRISES Discount li-om Current price IisE �_, it % Price List No. Date of Price List tTJnr.rnnly Mucking Distributor? Vats No Lead time: Hourly rite for repair mid set-vice S (lxr hoar) Minimum order 01'aEny) Handling fee if less than rnininium urrlcr 5 Na mc,'Telepltone.+Cell/13ccper of Linergency Contact Have you supplied the retlnired Calalobs and List Price Sheets? YIPS NO 30 SECTION 4— PRICING/CERTIFICATIONS/SIGNATURES ITIJI Number: 1?.-0806 17. RIO 5Y5' TWIS Discuulit fro:n current price list %i Price Lint No. Date of Price List Stocking Distributor? Yes_ No I.cad lime: I lourly rate for repair and service S _(per hour) milllmn111 urdel'(ifraly)$ ilandlinb fac if less than minimum order$ Nalncll'elcphtlnelY'cIUl3eel,er of Emergency Cualact Ilaw you Stipplied the required Cigalogs and.l,isl Price Sheets? YES NO 18. BLACKINTON BADGES Discount front Uirrent price list Price I_.ist No. /� Dale of Price List 1111i J '-- - Warranty /"# t f,;. Y I'i i:.= Stocking DbAl-ihutnr? Yes Lend link: -% - ". p Hourly risk: fin"repair and service$ I' A (pur 11OLIr) Minimum cn4lcr(iI'ally)$ I I[uldlinlE fee if Icss than minimum order�i Nis�lte Telcphunr!(:cllfl3ccller of Emergency Contact Ilave you supplied 111e required Catalog and List Price Sheets? YES _ NO 14, BOtITON CO 1 3 Discouni li-om current price list /1 r lJ % Price List No. Dale ell'price List Warranty. :31 SECTION 4— PRICING/C.LeR'1'MCATION'Sf SIGNATURES 11'13 Number: 12-0806 Stocking Distributor? Yes No Lead tine; lourly rate for repair and service S (per hour) n'tilliatuln order(if any)$_—_ Handling fee if less than minimum order Namel'I'elephonelCellJBeelaer of rmcrgency Contact Have}uu supplied the required Catalogs and.List Pricc Sheets? Yl:s NO 20. IJULLA14D ��i Dimuount from current price list /`[:'i 6 % Price Fist No. Date of Price List WarrWlty_ Slacking Distributor" Yes No Lead lime: Hourly rune for repair and service$ (pet'hour) Imillimum Iwdcr(ifally)S I landling lie iflcss than minimum order� Numu/TcicphojWCcJVBccper of Emergency Contact I hsve yt►au Supplied lha WILliere(011a10gS and List Price Sheets? YES NO 2L CARNS& BROTHER Discount frum current priec list l C lv Price IASI. Nu._ f /4- r Date of Price List_ Warralily Slocking MsIribuLor? Yes No I.Mnd tithe; 1' i InurlV relic for repair and service� f+%.'^�: (1>er Mettle) Minimum order(Wu ny) SECTION 4 -PiIUCINCI CERTIFICATIONS/STCNA'ruims I'm Number: 12-0806 Handling five if lem than 111h1411111li circler S k1d Nanle;TelephcfncfCcllfl3ccper of Emergency Contact ILave YOU stipplivil the reclr111'ed Cola fts and I.isi Price Shceta? EYES NO 22_ CALIFORNIA m quN'rAIN Discount from current price list r °{ Price List No. f ~�� Date ol-Priee List Warranty P C°E* Stocking Distributor? Yew t' No Lead time: I J Hourly rate for relmir and service-S (per hour) Minimum order(if any)$ l Hkindling ree if less than minimum order iVumcr I cicjlltc�lterC'e11113eepci°of Pmerginicy Contact I 140VC yJAu stIR,pi ed the required Cut4logss and List Price Sheets? YES NO 23. CAST FROBUC TS Discount from curreni price list %� ��'' Le v Pricy: List No. Date of Price hsl _ Warranty Stlocking Distributor? Yes No Lend lime: Hourly rate for repair and wi-vice$ (per haul) Minimum order(if any)S Hantlliug fee if less than minimum order S N2rnrc?'I'elelahotrefC'el]JBeepci-of Emergency Conitrc( -Inveyouu'amplied llle required Cala logs and List Price sheels? YF;S NO 33 SECTION 4— ll itiCI NG/C'TRTIFIt1A'I'IONS/SIGNATI]RI+S ITB Number- 12-0806 r 24. j ATT Discount from current lu•ive list % Price List No, Date of f'rice List Warranty i ;Mocking Distributoj': Yus ,No Lead time: HOUrly rate for repair mid service S (per hour) Miniinunt order(if any)$ Havclling fee if less Than miniuuun order S N:imc!'l'cicpiloi�e?C'ell?13etl,er of [i'mc gclicy Contact Have you supplied the requircd Cattdogs and List Price Sheets? � YLS NO 25. CHI IIM(FOAM) Discount rrom current Brice list /I./o f J r!� % Price List loo, Date of Price List wrtrrunly Slacking Distributor? Yeti No Lead blue: I lowly rate for repair and service$ (per hour) Miniinani order(if any)S__ I landiing Ice if less than minimum order S NamciTcict7ltanc?C'c11.13aelzer of rmcrgcncy Contact 1 Lave U. lied 111e re aired 01ta#094 and List Price Sheets? Yl's NQ 26_ C'NIIRCHVILLF: obsolete.' Discount from current price list �� r 1� r /? % Price List No. Date of Price List Warnal t v 34 SECTION 4—PRICING/ CEli71FICA`1'I(INSf SIGNATURES I'I'13 Number: 12-0806 Slocking[distributor? Yes No Lead time; Hourly rate for repair mid set-vice S (per 110111.) minimum order(il'my) handling fee il' eNs Ilmn minimum order fi_ Namej7 eie111u,nc1(:cll/i3eeper of Emergency Contact Have Vu staa111icd tIIC rcquireil Catalogs and List Prim Slrct ts? YES_ NO 27_ CIRCLIL.AIR Miscount from uttrrc+tit pries: list �, t' r�fJ t 1� % Price List No._ pate of 1'rlec Lim Warranty— Stacking Distribulor? Ycs No I Lead time: Hourly rate tar t'epair and scrwice$ _ (per luiur) Minimum order(if any)S Handling Ice if less than minimum order S _ Naiiietl'cleplioue/Celifficeper of fintergency Contact Have You supplied the re(I11ired.0 utalogs and List Price_SlIMS+ �YLS NO 29- CODE 3 Discount f►X+rn eurrr~m trice list /L• Price List No. pate of Prim List warranty Stocking Vistfibutor? Ycs _Igo Lead time: Hourly,rare for repair and urvice S- (jwt hout.) Minitnmu otAer(if any)S 35 SLc,rION 4— PRICING/ CERTIFICATIONS/SIGNATURES I'I'13 Number, 12-0806 11andling rce if less t1111 minimum order$ N.a1,a1'I'elcpllunelCcI1/13cel1er of EmergTney Contact 1-111v you supplied the regtliretl C'.11;lltr};r and I A%I Pricc Shects? YES No 29. COL IAN AXES Discount fruit currelu price list +;' r _°fn Price List No. Date of Price List warranty Stuaking Distributor? Yes_ Na Lund 6111c: I lourly rate Im rcpalir and service 5 (par how.) ir11111n1II1I1 ardCl'(Irany)S lianclling Ice if Icss than minimum order$__ Namer"Telclibullc?i:clllRcc}ICr of Lmergency f'ontnct I Inve you supplied the rcyuired Catalogs and Usl Pricc Sects? YES NO 30. COLLINS DYNA1MICS f Roll] Car lorntion D.isconul ii-0111 current Pricc list % Price i.ist No. k/ Date of-Pricc list Warranty Stocking Distributor! Yes No— c Lead time; / - 'j o ' t t' / t I lourly rate row mpair and Service$_ ... "k�/ iI (per Iu1ur) Minimum order(if auy)4;_ /j1i A I handling tee if less than minhown order NaoleTTelclnc�mc..+t;a111liea}rer orEmer'sency Contact r t I lave you st pplied the reyuircd catalog5 and List Price Sheels? V LS NO 36 SECTION 4—PIUCING/CERTIFICATIONS!SIGNATURES 11-13 NulllhCr: I2-0806 31, COUNCI 1,TOO LS UI5C4ttt ti'U1 Gnt-etil price list Al ' ' °lo Price List No. Date ul'Priuc List Wau'atity_ Stocking Distribulor? Yeti No Lead time; Hourly rate fur rep sir and service (per hoq) Minimum order(irrrny) Handling fee if less Than minimum order$ Naiiidl'elepitoneiCelllRceper of Fdrnergency Contact Have job u supplied plied II c roquirid CaLaalogs and Dist Price Sheets! J YES NO 32. CUTTERS EDGE DiscounL from current price list % Price List loo. Date of Price list Warranty Stocking Distributor? Yvs iglu Lead lime; HOUrIy rata for repair,1113 service S (per hour) Minimum order(if an y)$_ Handling fee if less Ilmn minimum Order$ Nau,ef'l'ciclahonclCellll3eeper olTmugericy Contact Hove tio�t supplied the rcclunrd{;rtlulus+,s nnct list Price Sleets? YES Ntl 33 CW NFALSEN Iliscuum from current price 1W 1 i % trice 1AM No.- Date of Price List_ Warrtrnly 37 SECTION 4—PRIC IN[:1 CERTIFICATIONS/SIGNATURES H'13 Number: 12-0800 Stocking Distributor? Yes v No. Lead time: f 1•u` =E. I Iourly rate [or repair and services ! / (per hour) Minimum order(ifany)S A- I landlitib fee ifless than mitsiutttui oiler S — NarnelTelephonclC`clllBcclser of Lmergency C0111=1 6 live you sup}died(lit: __E�cuired Catalogs and U t Price Muds'; ��YES NO � 34 CORMAN ItUPI'PUMPS n Discount from current price list d/Z) I>F % Price List No. Date of Price List W armaty Stocking Distributor:' Yes No Lead lime; Hourly rate for repair and service S (per hour) Minimum order(if any)$ Handling fee if less than minimum order'4 Natncl7'clel�J�one?Cc li'Recper al'Emergency_mergency Contact Haveyou sit relied th i_e ,,irc(t cittidoys aitd List Price showlti? �YliS NO 35_ IDARLL•'Y & C:4 Discotuit froth current pric:c list ' ; !; L) % Price list No. Date of Price List Warranly _ Stocking Distributor? Yes Nil_ Lead tiulc: Hourly rate for repair and savice$ (per hoa) Minimum order(if any)S 38 SECTION 4—PRICING/Cl:IC11FICATIONS/SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S NamciTeleplitjne/ColYBeeper of Emergency Contact hive you supplied_the rectuirecd Cwakys and List PriceShmN.? YES_ N(7 36. DAVID CLARK Discount fhmi current price list /�:'4 ' [ !� % Price USI Nil. Date of Price mist Warranty Stocking Distributor? Yes No Lead tinge: Hourly rate for repair and service$� (per Hour) Minimum caner(if any)S I Imidling tee if less than minijumn order S Hanle.°Ielephl�ne!('�It+liccpea of Emergency Contact lace tiygu Supplied tilt required Catalogs and i._ist Price Sheets? YlsS NO 37. DU SMITH INDIAN TANKS J Discount t1-3111 Current price list rU c I 0 f 1-) % Price List No. Dwe of Price List Warranty - Stocking Distributur') Yes No_- head[file: Hourly rate 16-rcpair ruiel service$_ _(tier hour") Minimum order(if uny)S. Handling fee if less dum rniiiinium order S IJaEne+'T el ephcnlci(;cliillcoperafEmergency f'untact Have you st pplied thc_rcc uired C'atalop and List Price Sheets?_ Yeti NO 39 SECTION 4— PRICING/CERTIFICA'T'IONS/SIGNATURES I I'13Number: 12-0806 38, TACT L T001, r DiSCUL1111 rium current price Ilst ' s �� / /.1 % Price list too. Dule of 1'ricc 1A Wcurunly Stacking Distributor? Yes No I.tad tine: I lourly rate for repair and Service S Llicr Itntlr) Mil>,inMnn order(if any)S I Imulling five if less than lniniilluni ()rder S_.. Nallre?'I"elaphanrfCelltDeel�er of Emergency ColUfitci I lave y U%upA)icd the rec uircd Calulmgs and Lisl_Pricc Sheets'? YFS —NO 39. DR XEL '1 Discount from turrent price list % Price i.iSt N1r_ Dale of Price List _ Warranty Stocking Distributor? Yes_ No Lead time- Hourly 1 atc [br repair and service 8 (lxr hour) Minimum order(if any)S Ilandling Icc if less dean ininintiilm tirder'S hi;lt»efTelcpllE}nefC cl]?lieej�er of inergenCy C'antact I lve- wupplied the required C;oglotrti and List Price 5hcuts? YES NO 411. DUO SAFETY Discount trunk CUrrclll price list ' % Price list No. /+ 0,11C of Price I.ist r Wafrillt}' Ft, I 40 SECTION 4--PRIC'INC/C.'I+,It'I1FIC:ATIO NSI SICGNATURrfi I'M Numbev 12-0800 StockinL,Distributor"? Yes_ No Lettd time; Ilourly rate I-or repair and service S fti scour} Miuitnum order(i I*ally)S V t iT I landliug lire if'Icas shalt minimum Order S r ' ."1 NameF7'ele1,iic)tw!(.'ell?Beeper of F.mergeucy Contact have you supplied-the renuired Catalpgs.ind List Price Sheets? YLS� NO 41, EDISON {(11 Discomfit fiotn cmrcr tt!price list A) t-, i1 G 0 % }rice List No, Date or Price List_ Warranty Stocking DistributGe? Yes No- Lend tithe: Hourty rate for repair and service S (per!tour) Minimum order(if any)S Hundling fee if less than miuimuen order S Nantel"i'elephul�elf'eillliccper of l:tltergency Contact Have you supplied the rccluircci C'alalo s and Li--Price 4lteets? YES NO 42, FDWARDS AND C RQMWL:LiL �1 }iscottitt from cun-ent price list Price List No. Data of Price Lisi_ Wan-omy _ Slicking Distributor? Yes _No — Lead.caul lime: Hourly rate for repair and service S_ (per hours Miuiulunt order(if my)S — 41 SECTION 4-- PRICING./ CEWFIFIC:ATIONS/SIGNATURES 1 I D Number: 12.41806 I-landling leer iC Icss illlan minimum ruder Nalne±'Telel)li4)iiciCclllBeeper o]'Emergency Contact 1lttve,tiot4 strpplit l�.11te rcaulred Catalta laud List Brice SfEC4ts'? YES _NO 43. 1:OWARDS MFG Discount fl'om current Price list_ A/f ;rJ /R) % Price List No, Date of Price List Warranty Slucking Distributor? Yes No Lead time: I lourly rate for repair and service� _(per hour) Minimum order(ii'any)S_ Handling Ibe if less than minimum order S _ A'anaC1 l'cicplione'Cc11.rF34epLr of Emergency Contact l'IYVi'-YCrot!Sil�lll]ieC�tllc required 01tillogS Mid List Price Sheets? _YES_ NO 44. ELKHART URASS Discombi fi-L)E[]Cllrrelil pri= H&L 9 Price List No. /' 4 & Date of Price List` Waixanly :f 1 -l"Al r Aj t /)c` =r. r 1 Stocking DistribUto7'? Yes L ` No_ I.etid tinEC: 1 - 41-- I1 A `1 lourly rate for repair trail service S N i4 _(per 110th) Miidmum order(ifalty)S ltindling fee if less than minimum order S 1VoalECr'I'elcplloneli^ell:RCUl�4t of Emorgemy Contact 1 Ettvc yqu xu)]ietl tllc rmluircd Catalogs otter Lisi Pr]ct:Sheets? YES NO 42 SECTION 4—PRICING/ CERTIFICATIONS/SIGNATURES ITR Number: 12-0806 45. ETI EMERGENCY TECHNOLOCY Discount trolls current price list i 1 % Price list No. Date o1"11rice List— Wal7-,lnty Stocking Distrihutol''? Yes No Lead time: sourly rltty for repair and service S (per hpur) minirnoln ordel'(I rally)$_ llandiing Ice it less than minimum order S_ lwtamelTcicnh„llclC;cll/Beeper 4W F?mergency Conlad I aye-you Stipp iccl the retlllii-Cd C'ialo�s mid List Prig Shcets?_ YFS NO 4$, EXTE;NDA IXIF (Akron Discount from culrunt price list _ f 1 % Price List No. N rte. Late of Price List_ W-irranty_ I �-eL Stocking Dislributo ? Yes— No i-- Lead time: '! t•vF-4 �S hlourly rate Cor repair and service,S )p4 (tier how') minilllttili 01-der(i f ally)$i A'1,4— Handling 1Ee if less tilall millnlium ogler NanlelTelel)hullc?('elilLiceper of Fmcrgency Conttlel Have you stlpp liccl[Ile renuire41 f'alaIous and List Price.Sheets?� YES NO 47. 1-%DI-,RALSIC;Ir)AL 'ORP Discount Iron),:urrctlt price list 1 �' Price List No. /t.' Date oi'Prico List { 1 1 tirarthtlty i. yi A r ,t•i t �'+ 43 SECTION d-PRICING/CERTIFICATIONS/SIGNATURES ITR Number: 12-0806 Stocking Disiribiatw? Yes �� No i Lend time; l lourly rate hir repair anti service$ Z+[ (per hour) Mill imum order(if any)S ;I) Z'A Handling liee if less thin tniatina{ant ogler$ Nntatel l'elePhan ['cll.rRecrcr of Emergency CoMMI Have you supplied the required Catalog,and List Price:Sheets? YES NO 49, FIRE I10OKS UNIAMIT_ED Discount from current price Iixt % Price list hlu— Date of Price List //1—b Warranty r{z::A.a,tlf f" �`f[=�Yr7–S Stocking Dis(ributor? Yes t/ No i.Cad tiiue: ! ] i.)r --v Hourly rate for repair awl service S A) (Per hour) Wflintmt ruler(if any)$ A/I A I landling 11ce if less than minimum order S 111^f A NauiOT06pltonefCell/Beeper of F.:ntergency Contact litj Ve. t)LIM11)A W the required[tatnlcti�;ti aintl list Price Sheets? Yh:S NO $9• EIIRFI)EX f)isetanal Ir0111 curMnt Price list % Pricc List No. Date of Price List Wuranly _ Stocking Distributor? Yes— Na Lead time: I lotarly rate for repair and service$ (leer 130 ur) Milaintuue order(if any)$ 44 SECTION 4— 1'ItICING/CERTIFICATIONS/SIGNATURES 1Tfi Number: 12-0806 Handling fee if less than minimum order$ Nalllc l'l'elcPitane/C.ellrBeeper of Filler-,ency Contact HUvc YOU supplied the required Catalogs and List Price Sheets? _ Y IBS NO 30, FIRF POWER Discount from current price list Price list No. Date of Price Lisl WRn.tnty Stockiug Distributor? Yes No l.earl time: I lourly rate far repair and service$ (Per hour) �V l ill llllmn urdcr(i l'any)$ handling Wo il'less than Ininilutun order S NamerTcicphoucK.elltBeeper of Emergency Contact I love you tiultplicd laic 1-eq�iircc! last Price Sheets?_ YES NO 51 FIREUUIP DiSCM1111 11-0111 Current price list_��?o 19 r A `fQ Price List No. Date of Price List _ Warranty Stocking Disirihutor? Yes_ No Lead lime: Iolnfly rift I?jr repair and service S (per hour) Minimum order(if any)$ panelling 1cc il'less than mininttim order Nim3c.'fckphrrucrC'ell,'Beeper of Emergency Contact I l�ve_�^clu slllsl)lied the rccluired Catalogs saki List Price sheets? YES NO 45 SECTION 4— PRICING/ CERTIFICATIONS/SIGNATURES ]I Ii Namber: 12-0806 52. FOLD A TANK Discount fram current Brice fist -I % Price List No. l 14 Date 0,Price r-isI I l Stocking Distribu100 Yt:s No Lead tithe: i]ourly rate ror repir tint]service (I)Cr hoar) Minimum order(if any)S— VIA ]antll ing fee if less than ininimtun order$ r - Naiii o/TelephnnefC:ell,`Lieepei,of Rimergency Contact I Iave you stipplicd the re aired Catolt pumid List Price Sheets? v y i-s NO 53. GEMTQR 7 Discount froln vurre:llt lVice list 1 / % Price List No--- Elate of Price List Warranty �[:,}i:ti..l i /�C '^Vie-f-% Stocking Distrihtuor? Yes— No i! Lead time: g- � I Hourly ratt: ror repair and service$ (leer hour) Miirilnum kmler(fraily) landling Ice irless tllan minintuln nrdc:r�; _,ry[� _ Cr ante?Teicpha«c�(:cl llt3eeper of Gmyrl c nc} C(Mloci I late a supp]icd the re=quired Catalop Fwd List Price Sheets? yHS NO 54_ GLASSMASTER WHIR Discount front turretlt price list -�� % Price List No. ?` /It r)utc of Price List— 17c •;,e r Warranty lilt' 46 SECTION 4— PRICING/CERTIFICATIONS/SIGNATURES ITH Number: 12-0806 Stocking Distributor? Yes + Nri Lead time: / 1.11 15 ..; `/ S Houdy rate for repair find slrrivc 8 :s`f L� (per hour) Minimum order(if any)$— AYA Handling fcc if less than minimum order N uiial'E'cicphnne.,Ce14'l3r'eper of Fmorgenay C unlacl %1. ". s t, � i . H,i , mu suullied file required Cat 1v alld List Price Sheds? YL•'S NO 5i. GUM DiSUM1111 from Clrrrelit price list % Price 1A-%t No. Dole ul'Pricu List Warra ly Stucking Distributor? Yes No 1.1mil lade` Hourly ralc fur repair and service S_ (11cr hotor) Minimum orda(if any)$ I1i111d1ili'g lM WICSS thrill miiliiDuln order NumclTclephonelC:cl Weeper of Emergency Conlacl Ii;lvc}ctu.surplied the required Catalogs and List Price liccls'? YLS NO 545, Glbv-� _UHY Discuum from Current price list % Price List No. Date of Price List WalTanly Slockinb Disirihulnr? Yes No Lead lime; lourly rata for repair and service S (PC]'liuur) MinimRtm order(iCally) 47 SECTION 4 -PRICING/r.��,>IITiFic.ATIONS/SIGNATURES ;TIJ Number: I2-0806 I kindling fee if less 111811111ininum order-5 Nanlc,'Telephtlnc/(:ell�'13L,,cper of Emergency Contact l lav ou sgpplicd the required Catalogs and I.ist Price Sheets? YES NO S7_ NALLP FIRC PUMPti Discount 6'011 Galreml price list Price List No, r IV Date of t'rice Dist Stockin,Distrilsutur? Yes I- No Lead tine: Hourly tale for repair;tmf%ervire S } a�� (per hour) 1Ainitl um older(if any)S Flurldling tree if less than,minimum order S_r Naliici'l-elcllllollelt'elllBceper of Villergellcy Cotltact H_ave�'_ou supplied the reclidred(_tllak,gand List Price Shct;W1 L-' YL;S NO 58. HANNAY REELS Discount iron current price list Price Lis[ No. - L=i-0 Z Late of Price I Aiq S Socking Distributor? Yi:ti _No Lead lime: Hourl.v rate for repair and sury ice S A4,A (per Uttar) Minilllu;n order(if arty)S A jA4 1 l anilliitg fee if less 1}lan tninillu�ni circler!k /u t Ni milu I cicpll011etC'ell1ficepur ot,la11crv'et1c)-Contact 1).�E v i� tit .-_ ,/ 1 {_ , r t" lave}ou_suptlicd the required(at;tluys anti Ust Priice Sheets? YES NO 49 SEC TION 4 —PRICING/C1,R' 'IFIC'ATIONSJ SIGiNA'1 URES 1'1'13 Number: 12-0806 59. "ARRING ON i Discottnr from current price list_ '' �:l f f� aka Price List No. T}alc of 1'rice List Warranty Slocking Disirihutor'? Yes _ No Least Lime: Ilourly Talc litr repair and service S__ (per hour) Minimum oWe:r(if any)$ l landling tic if less than minimum order S NarncfTelt:phonclt;ull?liccper of Lntergent:y ContaCL Have v u supp.licd the wouired Cataloas and Lki fries:shee(s'? YES NO 60. HAZARD CONTROL Discount lFoll)Curl-Cot price ilst u I� �r� % Price List No_ Dale of'Price List warranty Stocking Dislrihulor? Yes No_ Lend tune: I lourly rate Cur repair and service S (peer(tour) Mirrirnuna vriict-(if:aty)S - - I landling fee if lcsx lituo minimum order S— _ Name?Teleplun a/Ccl I/Becim,of Emergency Contrset lave YOU st1141-11i4ci_01r roc ttiNd Catalo ES and List Price Sheets' YES NO 61. IILuERT Discount t-om cm-rent price list Price List No. Date of Price List Warranty 49 I l3 Number: 12-O�OG SrM ION 4—PIUCING/CERT]FICA11ONS1 SIG1EE Stocking DistribLA01'? Yes No Lead 11111['.; I lourly rate for repair and service ` (per 11011r) Minimum order(if uny)S lattdling*e il-lcss 1hun minimum order S_ NoniciTeleplinncf('.ell/Beeper of Emerl ency C onluel 1.11ve r�oir�ou supplied the required Catalogs and List Price,Sheets? YES_ NO 62. 1 IDI,N-TATIZO Discount from current price list fV O Price List No. Date of Price Lisa %larranty— Stocking Distribulm? Yts _,No Lcad time: l4orlrly rate for repair and wrvice S (pur hour) Mfnilnum order(lf any)S Haaldiing fee if less than minimum under Nantell'elepilone?Cell/BCCPCr of I�mcrgency Contact Have you suDplierl the inquired Catalogs and List Price S]_leets? yI"S NO 0. If U N1 AT Discount from Current price 1111 A % I1riee List No. Date of Price I.ist warranty _ ;lucking Dislriflt1100 Yes Nu , I.c€ld Iirne: Hourly rate for repail and service S (per horn) Minimum order(if any) 50 SECTION 4 PIUC.ING/CERTIFICATIONS/SIGNATURES ITB Number: P-MI10 landlin. Ice it less than minimum order Narrle Feicl�hunclt,'cII/llccper of Emerpney Contact lLrve ypu supplied the required Ci9talo Is anal list Price Sheets?_ YI?S ,NO 64_ 1 USKY Discount iron current price list /Ali Price List No. Dale of Price List Wirranty_ Stocking;Dislrihlrtor? Yes No_ Lead time; Hourly fate for repair rid service S (per hour) Minimum order(irony)S_ I landling tee if icss than minhmun order S_ Namelfeieplirmi&C'cl Ililecper of Unerg,ency Coulact I-lave you supplicd(bl required Catafts and List Pricc Sheets? YI:S NO 65_ HYDRA SHIELD Discount from current Brice list /1,JL, % Price List No. Dwe or Price List Warranty Stocking Distributor'? Yes No Lead time: Hourly rate for repair and service S (per IIIAII') Minimum order(irony) Handling tee if less than minhimm order N1mef'I'elephcrr}cl[`c1111i{cper or Emergency Contact Have you supplied the retloired C_rualui?s and List Price SlicutsY YES NO 51 SECTION 4— 11RICING/CE RTTFI CATIONS/SIGNATURF,S ]TR Number: 12-0806 GG, I,M114,It1 10sf Disumn, from current price list -_% Price List No. Date of Price List warrairty 5tockilig Bistributor? Yes Nu Lcad time: Hourly rate for repair and service S (per hcu».) ml 4141](111)order(if any)$_- Handling fee if less than minimum order S N-,nnei-i'cicphonelCelUBeeper ol'Fmcrgency Contact Have)VU suuDEied the required Caw]() s and List Price Sheets`' YES NO r 67. IOW -'RI A Discoid 1'row current price list % Price List No. Date of Price List Wmranly Stacking DitrtribUtor? Yes__ No _ Lead lima: lourly rate liar repair and service$ (per hour) Minimum order(ifnny)S_-- I I;jrxlling let if less than minimum order S _. Vanie,'Tcbplroncl('ell,rllceper of Emergency Contact Have you sup lied the reQuired Ca—alogm and Ust Price Sheets? YFS NO .68. JANESVILLE Discount li-41119 Lurrunl price list �~ % Price List No. All Mac ofl?rice List I /{ // 52 SECTION 4— PRICINGI C:l;RTI lei CATIONS/SIGNATURES IT13 Nomber: 12-0806 Stocking Distribulor? Yes It' No _ Lead time:j o Hourly rate for repair and service S A'/A� (Per hour) Miuinztun order(ff all ') . �- Handling fee if Icss tlffin minimum order S � Nai�iiv"Feelelih/oncl(;clltllceper ofFmcrgericy Contact Huve you srlttplied the Vic,quired Catalogs rind List Price sheets? .-�._YES_ NO 69. J11:i'l'JttITE Discount fiom cturvit price list Price fist No. Dade or Price List wurrusity Stocking Distributer? Ye4 No_ i.cad time: Hourly rate for relmir and service S� (Per how) Miuiuiuni order(il'any) Handling tee it°less than mininiutn order S Nsnac!'I'clephonclC cllfRccper of L inergency Coulact Huve Wjj supplied the.rcyuire(l Catalogs jrnci List Price Sheets? YES 70. .IV m FG -r Discount from curreul price list :5 C Pries List No. Daic cif Price List warrigno. Slacking Distributor? Yes No_ -Mica lints' lourl, rate for repair and service S _(per hour) 53 I f SECTION 4— PRICING/CERTIFICATIONS/SICNATURES I ONumber: 1?-0806 minimum order(ifuny)S Handling fee if less thmi minimain order S_ :Vanier I'elcpiiotie,�CelU13e cper of Emergency Conluct i 111vc yOu su olicd the required 011ttkoes and List Price Shecta•'? YRS f NO 71. K T()( l 41 vc S t d 1. 4-1 Di.wount firo r current price list % Price: List Ncr_ Date of Price I-im WurrunLy Stooking Distributor? Yes No Lead teems: I[curly rate fir repair and service S Qwr 114)111.) Minimum under(if any)S_ I I1111giling fcc if less than minimum order I; Nanxll'clephancfCellfiieeper crfl mcr'gency Contact I lave you mippl ed the re aired rajalugs and LIST Price Shcet—V YES NO 72_ KAPPLER Discount them current price list 4,1, f'? f % Ili-ice list Nu_ Datc of Price IJSI Warranty Stocking;Distrilmtor? Yes No Lead time; I lourly rule her rcpair and service S (per hour) ,bi hrinrum order(i I'any)S Handling ]cc il'lcmthan minimum order i Name Telephcrncl('cll�l3cepee of Emergency Contact 54 SECTION 4— PRICING/CERTIFICATIONS/SIGNATURES ITIJ Number: 12-M06 Ilaw you su talied the YE'S NO 73. KENDAL PRODUCTS •I DisCautit li•crnt ctuYrrit PI-jCC lixi Price List No. Date cif"Price List_ Warrant y Stocking Ristrbutor? YLS No—_ Lead dint: I lourly rile lint rcpiir and service$ (per hour) Minimum order(many)S_ I landlin„Ice if less thin minim am order$__ 1:9liierTl Icptu,n+lCell,'Beelicr of liniergency Cts"laul -lave yoti supplied [lie required Catulo s and list Price Sheets?_ Y Vs NO 74. KOCIlrK Discount ftmn currem price list °10 Price List No. _ _ UIItB Df Price I.1$t I Watranl Stocking DiSh-ibL11011 Yes i�-Nn Lead tune: I - 2– / ),} t[1 Hourly Tale lur repair and service$ :tl + (per(tour) Minimuim ardt:r(if any)S_ I landling fee if Ies',tlialt niiliilnum order S NanielTelephc)ne:/(:cll!lleeper(WEi icrgeucy Contact Wave yoti supplied the required Cimilogs rind List Price Sheets? ' YES NO 75. KOEIILF.IIMFG(A) Discount fi-om currein[price list i'rice Lis[No. + j' d Date of Price I.isl 55 SECTION 4—PRICING/C'L+IMFICATIONS/SIGNATURES I l B Number: 12-11806 Warranty LA Stocking Disirihulor`P Yes- No t' Lead lime: — !�' '{err Itourly rate I'm repair and service S / (per Imar) I Minimum Order(il'ally)$ P� =} Handling Icc if less titan minimum(n-der Name!Telcpinntci(,'ell/1.Ieeper of F.ntert envy Contact I Iave you supplied tits re uired Catalogs and List Price Shcellc7 YES NO 70. KUSSMAU1, Discount ttom curre,111 price list— � � % 1'der.List iglu. / 1_r Mae or Price List Wat'ranty c= T _ Stocking Dish-ihutnr? Yeses Ntf _ Und time: / _LL' I r4-V,j Hourly rate far repair and service$_A 1A _(per]tour) A+li i1mum ordtn'(i F any)S 61 fly. Handing fee if less than minintum order$ Nuntc/'l'elepttone/CclUl3eepel•of Emergency Coidact Have yousttpuiitA the required Catalta-s.and List Price Sheets? YES NO 77 KWIK 14AZE Discount from cun'enl price list Price List No._ &V4 Date oCIli-lee List_ &bl / Stocking Distributor? Ycs No _ i I.eud time: ! '� 1) fa Hourly rate for repair and service S 1' (per hom.) 56 SECTION 4—PRICING/CERTIFICATIONS/IC;ATIONS/SKY' NATURES ITI)Number: 12-0806 Minimum order(if any)$ ' Handling li:c if less than minimum order$_ Nan3c?-#'cicpltone/Cell/Butper of Lmergency Contact Ilhvc you yuinlied the required Cuialoas and I.ist Price Sheets? ``y YES NO 78. LACROSSE BOOTS Discount 1'rEant curtut price Iist _/Lf t, r=ay Price List No. Date gal•Price List_ Warranty Stocking Distributor? Yes No Lead time: I lourly°rote for repair and strvice S (per hom) Minimum Order(if arty)$� Handling lee if less than minimum order$_ NamelTelcphonc?tvcllll3eeper of tintergency ConDicl I lave pki sktplIied the recluirccl Catalogs and I A.51 Price Sheets? ,YES� NO 79 LIFE LINERS i Discount ti-cmm current price list r' I-V I d Price list Nu. Dgle of Price List Warr inty Stocking Distributor? Yes No Lead tines; I lourly rate fin•repair and service S (per hour) Minimum order(ifutty)5 -landling fec iI'less bean minimum artier$ Najne?feleplionc?0:1V.leeper ofFmerginey C011t;tct 57 SEf:"HON 4 —PRICING/C'ERTIFIC'ATIONS/SIGNATURES 1113 Ntultber: I? 4)lit)G I Jave you suLip lied the repaired Catalogs micl List Price Sheri%? YES NO 90. LIONS UNIFORMS Diwouut Trout current price list 1'c % Price List No.--&/ Datc of Price List I r warrailly Stocking Distributor? Ycs No—V Lead 1imc; I lourly ruic tar repnlr and servicc S;t Qier Itt)tir) Mininillin order(If any) l-landliug l'ce if less than miniinum order S ,V/i- Name Telephtiiic,'CeillBeeper ti[`E:mcrgency Couluct Have you supplict]the reguired Catalogs and Lisl Price Sheets?_ i `YES NCl 81. LOUIS PRYER Discount frond current price list << i' 6 % Price List No. _ Dale of Price List Warranty Stocking Distributor? Yes No I._cad time: Hourly rate itir repair and service Sa (per hour) iMinimum vrdcr(ii'any) Handling tee it le%,,]halt mittuiuun otdur S Mali twl'1'ele}tihonclt'uilll#eeper nl'F,incrocn�� C.ontaci Htive you stlsuplilicti the retgl#l—etl Cnialog%and List 1Priec SliertS?_ Y FiS NO $2. LC)V4'1iLL lAscount from current price list J Price List No, bale a#'Price 1.ist 58 SECTION 4—PRICING1 CLK`I'IETC.'ATIONS/SIGNATURES 1111 Ni mlxr: 12-118116 Warranty Stocking Dimributur? Yes No Lean Iimc: I lourly rate Itrr repair and service Qlur huill.) i Minimum Order(irmly)S Hindiing lire i['less than minimum order lauterl'elelylrnnc!['c11113eel�er of rmerlcucy contact 1Ia►�e yoil supplied the mquired Culahms aut List Price Shectti? YFS NO 83, MAC INSTRIJMEDITS Discount ti'c►rr7 current price list Price List No. Date of Price I.W Warrmly Stocking Dislrihutol'> Yes_ No Loud lime: Hourly rate for repair and service'-q_ (per]lour) Minimum order(if any)S }dandling Fee if less llulq ruiliiuitEm order S Naulcf l'elepltoneiVe11113celsel'of Emerltiency('(Slit:tct HOW YOU 5tlppliell lilt'rNtltlll'ed C.it IMP 11ild List price Shec4�? YES NO 84. MA IWVAxr Discount trout current lu•ice list Price List No. Date of Price Lim Warranty Slocking Distribulor? Yes No Lead lime: Hour)}.rate for repair and service S _(per hour) S9 SECTION 4— PRICING/CERTIFICATIONS/ICATIONS/SIGNATURES ITR Numbir: 12-0800 minitaaaun order(if any)S - I I;unlliug fee if less than minianum order S i N.an�ct'l'cicpllana'CelliBeeper of Emergency Contact laavL!_yuu se!}>Erlie[f flee a_cquiagd cataloes alx! I.isl I'ricc Slteets? YES NO $5, MARS 1V ..111C:H7' Dj%ccaluat fr0111 ctirrem price list —0/u Pricc List No. Tutu of Price Gish Warnanty Stocking Distributor? Yes _No — Lead time: lourly rate for repair and suvice S (Per]tour) Minimum afiYler(irany)$_ l lancllirag Ice if less thala minimum order S- — Name/Tclephone/Cell/Beet>er of Fmcrteucy(onirael II Iayc ycaa uiI)I)lied the t•etluired cumings and List Price Sheets? NO 116. MC PRODUCTS Discount lrum current lsrice list 1711(4'I.lsl Nu. Date ol'Priee List Warranty Stocking,Distributor? Yes No_ !' Lead time; / ' i ' -;' ii-1 1-lourly rate liir repair and service S r +`f (per hued IVlininaulla onlcr{ii'uaay)S /l,ipl 1-itandlitig iee it Iris than minimum order$ .!'d A A NaameJelephu vICeli(Beeper offmcrguaacy Contact 60 SECTION 4— PRICING/CERTIFICATIONS/SIGNATURES I'l B Ntnnbm 12-0906 I-E:ivc yott supplied the required Catalogs and List Price Sl cuts`( t/ YFS _NO oe 87, Al I L�1A llKEE STRAY •� �y Dis oust front CtmTent price tilt % Price List No. Dale of Price List Warranty Sleeking Disiributor? Yes No _ I,tad Lillie: 1 lourly ruts for repair and service S _(per 110110 Mininuun ruder(if any)S llanaliing fix if less tliati miniamm order Nan��r'I'ctepttone•`C.t31;l3ccperof 13-mergency t'taittact I t,tvt yon sate►)lied ttae rectuircd Cat, and I Asl Price Sheets? _YES_ N() 99• 1•iORAN FLASH Discumil fi•[xu current Brice list^A�'( /3 `ya Price I.isl No. Date of Price List WinYanty Simking I)iS11'ibL1t0].? Yep No_ Lead lime: I lourly rate 11or repair and service$ _(Per NXII-) Minimum ureter(if any)S I landtino Ice if less than minimtim order S_ Nance?1'cicpltune+'i'e11113eptticr of t:tnergency Contact II lave you xur��l ittl the required('awdoes and I Ast..Price Sheets? YES 3�1(.l 89. A ORNINC PRIDE Discount Vrom current prim list Price I,isl No. Date ol'Price List_ 61 SECTION 4— PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 12-0806 Warranty _ Stocking Distributor? Yes No Lead tittle: Hourly rate for repair and service S _ (per Imur) Minimum order(if any)$_ _ 1l;uitiliug L'ce if less than minimum order S Namci l ciuphatiolCe1l113eeper of F.rrnr�;encp Contact 1 have you.YU>)lied the required QAulObI find Lisi Price Sheets" YES NO 90. MSA DiSGtltntl Imm ctureal price list All' Price Us(No. Dsite of Price List_ Warranty Stockim., DWTihulor'? Yes No Lead time, I lourly rate for repair and service S_ w(per Ieour) M inimnm order(i f tiny) I lattdling lei if lem than minimum order�± NamefTelclihoncl('.slilL3ccperofl-niergeuey CO"I'Let ILjve ytxl strpphcd lllc required Catalogs and List Price Sheets?_ YI:S NO c)1. NA'I'AD(CIIRCL D 1 Discount li-orn carrc of price list Price List No. mite.of Price List Warranty.A-vi r,1'1, -i Stocking Distribulo ;' Yes I. No- Lead time; 1 j4 J) F Hourly rate t'or repair and service S Al//¢ (per Hour) 62 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES IT13 Number: 12-0800 Minimum ar€ier(ifany)S— A,1.4 1 land ling Icc if less than minimun,order L � Namcil-clephtltle!Celll.Beeper of l?ntergeucy Contact Lv 44. - rf(,� �l t 11ave pti sutlplicd the required Catalogs anti list Price Sheets? YES _NO 92• NATIONAI, Filth 110SL•• Discount fi°om cun•cm price list Price list Teo, �� Dale of Price Warranty Stocking Disiributnr"t Yes +,'' No Lead time. f - 5 C D.+,1 y -f 1 burly rate lur repair und scr>rice$ //l (per hour) Minimum order(ifany)S- Al 14 Handling fee if'lesh Iha n III it)iutltnt order S_ Na ttte+Telel�ltot►c/(.ellfl3coper of El"er9c1X •f'ontuct I-lave you stlpplic(l thi,l-�cltjired.Catalogs all List Pries Sheets? YES NO 93. NOVA Discomfit from current price list i' 0!1) % Price List No. Unte of Price List Warranty" Stocking Distributor? Ycs _No Lead time; knurly rate for repair Pint service S (Per hour) Nliuitnuttl order(if any)$ - Handling fee if less than nutlinlutll order S_.. Names l'elepltotlelCelle'Bccpercll'Emergency C0111a0 Have�IDu stIppiled tl}e required Catalogs and List.Pricc Shccts? YL.S NO 63 SECTION 4— PIUCING/CERTIFICATIONS/SICNA'1'lJmes ITT Number: I2-0806 94, NUPLA visc011tlt frorn cul-rcut 171.11:0 list �J % Price List No. �' Date ol'Price List it Stocking Distributor? Yes` No Lend time, t/ l OLirly fate for repi111-and service S !;'l. (PCI.holly) M inimum order(if i111y)S '��l .4 Handling fee if less than lnininlultl 017def S Nanlef'l'elepllone/Cell/Rcel)cr 011-mergency Contact fir} 1. Hay-q y ll stipplied the required C atalogs and List Price Shea~? Yus NO i 95, PACIFIC REFLEX f7iSt:ou111 froln current price list ( t_�1 �c 'Y+' % Price List No.— Drac ofYrice list Stocking Distributor? Yes—t-"' No l.Wd LilTIC: J1/ _J): "Sf _ Iourly rate;for repair and serviec$ (per flour) Minimum order(1f any)$ /1/1 A Handling]be if less than miniamm order$ Nalnci7'cicllhuac,'Ccll{Ekcl)er of Finergenry Contact I lave you Su D alie-d the renllired C'atallws and List Price Sheets' YFS- NO 96, PARATF.0 H Discount front current price list % Price list No. i nj J` I)atc of Price List_= will-nolty l 64 SECTION 4- PRICING/CGRTIFICATiOISSI SIGNATURES rrl3 Number: 12-0800 Sloaiug Distributor? Yes Lend Lillie_ i A I-Inurly rite for repair and-wi-viec I� A (pc+•ltottr) Uiinimunf order(if any)S AIA I lanclling ree if less tium minimum order S ie Nf+nic t'1'elelilione.Cell!Rc c lx r of Emergency iv onlad IisiVC y[r{i Supplied the required Catalogs and List Price"heels? YES N0 97, PARTNhR I Discount fire l Currenl price list ! % Price List No-. 1 ,4- hate of Price list L2.� wall-inty Stocking. Distributor? Yes- No .y Lead time.- / — f l)elky-.1 I Iouriv rite Por vepair and service!♦r `� (per hour) Minimum order(ifany)S_. 041/A- I landllrig 1ec if less than millet um orders - Namct'I'cicph«iiclCell.tDeel7er ol'1 niergcncy Contacl l laveyc u srrpl)lied_tile regilirecl Ca112il0j,s fuid List Price Shccfs? ,YLS_ NO Q8. VAU1,CON VAY SIIIELDS Discoual Rom current price list % Price List No. Date of Price List wirrarily A-o',i-tiLl:!4 '/ b !-F f- ( ( Stocking Distributor'? Yes` No Lead time; j ' ( ---rs i lourly rate for ruptfir and service S /� ' (per limr) Minimum order(irany)$_ A tf � 6-5 SECTION 4-PRICING 1 CERTIFICATIONS1 SIGNATURES ITCH Nowher: 12-0806 1 hurdling Ice if less than minirnirm order S Nlitie?Tcleplwrre/Coll/Beel)er of lilcr-gencv C0,11E10 Have you Supplied tile required Ca talogs grid gist Price Sheets? -'YliS NO 9tJ• %LICAN Uiscat»tt frcnn current Brice list Price List No. /L'�N Dake of Price List Wgeranty 1 ?f b- Stockinl;flistril3utnr? Yes "+ No_ Lead time: / >f' L)`+ y s Hourly rate far MIMir o-,rrtl SCl'Occ S_ii/44 (per hour) A4iniinimti order(il'any) - Handling fee if IeSS thai1 miniuttittt order rGf Namel l'elepltotte/Cell•+Hccper of limergency Contgct 1 arc 1L Have you sup pied the required Ca aloes and 1.41 Price Shee ? YES NO 100. I'GI PItOTEXALI. INscount float current,price list A) 0 % Price List No. Date of Price I JA Warranty Sloc:king Distributor? Yes —No I.Qad tinic, Hourly rate for repair and Survice S (per Iluul•) Minimum order(if any)S Handling fee if less than minimum order$ Naivel l'elepUone/Ce11?He4lrcr orlimergency Contact F{a4t}c►u su lied the.requirecl('t ift :end List Price Sheol~? YES_ NO 66 SECTION 4—PRIC'ING1 CEI1TII+IC:ATIONS1 SIGNATURES ITB Number: 12-0806 101. PHt)1'NIX Discuunt froal current price list J{' f�'r % Price List No, Bate of Price List Warranty Slacking Distributat'? Yes.. Nu ,cud 61110: I laurly rate for ropair and service S _(per hour) Mit humn order(i F any)S - 1-jandliug fee if less than minimum order Num fI'cicpllon&C:ell/Beeper of Flnergency Couttict i JjlVV ytyt!_yupolied the required C italugs and List Price Sheets? YES NO 102. PIERCE miscount iron►curwtit price list tV 6 % Price I.isl No. Bale W'Price List warranty Stocking nisiributor? Ycs No— Lud limc: I ourly rate 1bu mpair and service$__ (per llotu) Millllllum(lydu(if any)S I landfin; 11ce if less 111M mLliltnIn3 order$ I�lAillt'�l lcpi�{1114/L'L`1l�llcepel'of Elllert;ency Contact Iaveyit!supplied the required Catalogs and I.is1 l'ricr Sheets'? YES NO 103, PIGEON MOUNTA.114 INDUSTRIES Dismint from current price list ,l.' Price list Nu. malt ol•Prim List N'irranty 67 I SECTION 4 —YIUCING1 CERTIFICATIONS/SIGNATIIRES FIB Number; t2-0846 Stocking Disu-ihutor! Yes No Lead time: 1 sourly race titr repatir and service S (pr:r hour) ,blinknum arder(ifany)$ ._ Handling fee if less than minimum order S Numet'1'elephonc!CelilRcctacr or Emergency Contacr Have you supp ied the rt 1oirccl Cutalogs and List Price Sheds? YES NO 104. PLANO Discount from current price list /0 t' 6 % Price List No. Date of Price List Warranty Stocking Distributor? Yeti No Load time: I-k,urly rate for repair and service S (pur hour) Minimum order(if any)S_ landling Ice if less than minimum order S Nrimc tl'cicpltone/Cel111.3ee17er cif imrgcrtcy Contact I lave yo."soutlied the rec riretl_C talit};H and List Price Sheets? Y1:S NO 105. R& B FABRICATORS Diwouart from current price fist ,'( % / Price List No. Date of Price List Warranty /4 �.,•> ;,l.-s f f c.`� �_ Stocking Distributor? Yes_ Nil Lead time: '—) -- `f_ l 1),4 t/J lourly mile fin•repair and service S /t./"+' {leer]lour} ilrtininuun crrdir(if'any)S /���-- 68 SECTION 4—PRICING/ CEWHFICATIC)NS/SIGNATURES ['I'll dumber: I2-0900 ILIndling lcc if less tltan mininn m w1cr$ Nttine Tcicphunc;(cll!i3eeper()I'FJjjCrgcnCy Contact tave_Ycni 44Eppliccl the required Calulop and List Price Slttils`? YES_ NO 106, lCkING ER`I IB R Discoimi from current price list % Mce List No. Date of Yfice l.isl Warranty Stocking Distributor? Yes-- No Lead time: Hourly rate I'm repair and service S_ (jeer hour) Mininnnn of-du(if Lilly)S Handling fee if'less Visa winimuni order S Name/I'elepholie,fCOI/Rceper of Unsergeney 01111W Have joU su}j)ltCd and I J.1d Price Sheets? YL•S NO 107 RAWHIDE I+IRE.Ht}SF'. Discount fi-am current price list /i: c Jam' 0 % Price List No. Dade ol'Price List_ Warranty Stocking Distributur? Yes No Lend time: Hourly rate for repair and service S` _(per hour) Minimum order(if any)S. Handling fee if less than mitubuun]order S_ NsmCt'i'cleplto��erCe11113rclrCr of L niergency C'cuAmd May vc►u stippliet]the requircd Catalogs and Lim Price Sheets? YFS NO 69 SEC71ON 4-- PRICING/CERTIFICATIONS/ICATIONS/SIGNATURES ITIA Number: 12-0806 105- REDHEAD BRASS I)iwoujlt from current price list Price list No. A' .4+- Date of Price I.iSl / f � ! Warranty r�'t,�'.� '7y G'3 C rf F�C r I Stucking Disiribulor? Yes No Lead time: j— Z l .E s Huurly rate for repair and service$--A'/A _(Per hour) Minimum order of any)S J�llf� Handling fee if less 1hun mkiimum order S ;U/j- Namcf'I'cicltLonefC;ellfReeper of Emergency Ciml"el l l�lY( 'lllk supplied tlie_regini-ed Cataloi!s and I.ist Prie SI oDW.' YVS NV 109. RF.FIIFXI"IIL i Discounl from current price list price I Ast No. Date of Price List warrunly Shacking Distributor? Yes _No 1-cat]tinge: lourly rate for repair and service S (1wr hour) Minimum urdcr(irany)$_ 11an:lling rce if less than minimum order$ NamclTefelilinnclC:cli,'Bceper cal'Hinergency Contact I IaVc ycrn.sLIaciliCd the required Caialogs and Lisl Price.Sheets? YFS NO 110, RICI?HYDRO CO. discount li-uui current price list % / Price I.isl Nei. A 1A Date ot'Price List 70 SECTION 4—PRICING/CER'E I F1 CATION4/SIGNATURES l�'f�l�uuEbcr: I?-0$tJla Stocking Distrilnutor? Yes No Lead time:—�_ � (�'t.: •"�) - I lourly rate for repair wid service$_ { (per h+gym') Minimumoider(ifany)S AI/ f ' r lIammng fee if less than niinintum order S A/ iV,tntr+"t'c lq�hnnc.'Cellll�ccper of Lmergency Coillact lltive you-mipnlied the re<lnirccl(.atttloes.tEncl List Price Sheets? YES _NO t I. SCRAS Uiscounl 1i•cmti current price Iist % Price List No. Date of Price List_ warr:tnly Stocking Di ildbutor? Ycs No-- Lead time: I lourly rate fin'repair and service$ ,(per Iwt[r) MiniEUUn,wder(if ally)S_ Handling Ilse if less than nlminui[t2 OMICV$` NnEne.+Telephcinc.'E.clli 1�eC1]CI't1I 1Snli'.t'geucy Cantact Have you styp st•Price Sheets? YES NO 112. SCOTT AVIATION Discount licaui cur[rnt price 1itiE /t� f / -12�10 Price l.ist No. i7;[Ec oEPrice List Warrawy Stocking,flistrihtuar? Yes _No Lead time: Hourly°rate Ikir repair and service$_ (u;r hour) 1-tininnun Order(if any)$� 71 SECTION 4—PRiCING1 CEAC FIC.ATIONS/SICNATURES 1T13 Numtxr: 12-0806 1latldl}ng; 1CC If less than nlininuan order$ NttineiTelclzhu�tclf cll.'Lieel�er of Villcrge"cY Ca»lael !.lave you sulipfled the required 0ARlogs and LisI Prig Sheets`' _ YL S NO 113. SLCURITEX i Discount liven current price list ?t. { 1) % i Price List No. late of Prig List Warranty _ Stocking,Distributmol Yes. No Lead time: Hourly rate f'or repair and service$_ (per!)our) Minirumn order(if roy)S Handling fee if less than m1ohi um order$ Nuiiie!t'cicpltone/Ccl l/beeper of Lmergeney CO"tact H IyALy a suppiircl WP-Le eguirec[Cataiop.md list Price Slxets'? YES �NO SENSIBLE MOUNTS Discount from current price list � tl /!) % Price List Igo, Date of Price I-ist Warranty Stocking Distributor? Yes N❑ _ Lend tinge: Hourly rate for repair uud service$_ {Per]lour) 1VU1111nLI111 order(if any)$ Handling fee if less th,m minitimm order ,;Nujj1C1 I cieplionc!Ccll/l3ecl)cr of Emergency C0111aet low you su )beet thu ret aired C atalons and fist Price sheets? YES NO 72 SECTION 4 —PIUC:ING/Ch",Jl FIFIC:ATIONS/SICNATURLS ITR NumIvr: 12-0800 115. SENV , OTS UISCOU11t ti•Unsrcnt l)ricc list Price List Nu. Date of Pricc List WBITanty_ Stacking Uistributur? Yes— No ._ Lead time: Hourly rate for re1)air tuner service S (Im.hour) Minima n order(if any)$. Handling fee it'less than minimum order — Name/I'ctepllonciComceper of Cmargency Contact Ha1rc Volt sut�ulicc! illct required Cat jogs and List Price Slicer~? YFS NO 116. SHELBY WOLVERINE DiSCOL111t 1`1'0111 C1.118-BI)t 1)1'iCe list _ % Price list No. All 1):ltc of Price I.ixt X / � I Stocking Distributor? 1 �rc5 1,� No.- Lvad 01110= f - Z 1 _ ) /—j I lourly rrlte for repair-and service S_ - (per hllur) Minimum order(if any)`i< _NIA I Imidliug fee if less Man nlillinlunl order•$ } I Nan,ctl'cicpliollelCelill3cepe2•of Emergency Culliact 1 13V yInu sumlied the recE d red Catalogs and Liss Price Sheets" 1, _NO 1 I SNAPTITt: Dist mint font current I)1'icu list 5 % Price �' '/ Date of Price t'isl 1 l r 1 rice i.i,t 1tiO, t. r;( -- • r 73 SECTION 4—PRICING:/C'ERTI ICA'I'IUNS/SI(vNA'I'URI�.S I"fl3 Number: 12-(}806 Stocking Distributor? Yeti �' No_ Lead lime: I lourly cute for repair snd service$--AI L 4 (Per hour) Minimum order(if awry)S llandhng Ice if less than nriarirnuul order S_N Name!Telephone/Cell/Beep er Of Ftnergenc}'Cnutul!cl I Save yon stgtnlied the required Q galogs and List Price sheets?_ " Y LS NO I l ti. SNORKEL Discount from um-rent price list ��� (1i /!} % Price List No. Date of Price List Warranty- Stocking Distributor'? Yes_ No Lead time: )IuLIrly rate fur repair and service$ (per hour) minitnum order(if any) Handling tee if less tha❑ nlininrraan urdcr S NamelTelephnaic!CdI Beeper of I-.uicrgency Contact H:IVe you StappliCd 111t rcclt{iced Catalogs and List C'rice Sheets'? YFS NO 1 (9. SOUTH PARK Discount from current price list � C % I'ricc List No. n•` �"- Date ot'Price List :7 •t-A; .At• t �z .�. Warranty Alt/4 11A_I 7 SLOcking Distributor? Yes i%` No f Lead time:_ 1 -�.4);4 r,/ Huurly torte for repair and service S I�.�r� (per hour) Minimum order 01'any)S rj 74 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES FIT Number 12-0806 Handling icu if less 111pli inin111mum order S. NaltlelTeiephumWel1113eePar ul`iAllergencY('02111:lcl t� Have Yotl Sljppiiul tlie.regiii .1 c ataloes m d I-is, Price S11cels"! YFS NO i 120. SIGNAL VEHICLE PRODUC'CS 1)Iscount ti-mn current price list A) V Prise List No. _ Utlte of-Price List_ Warranty Stocking Dist ributw'7 Yes— No 143,11 tillic: 1 sourly rare for reluir:uld service$ (per flour) Minimum order(Wary)$ _ 11a11tlling fee. if less ilian rninitnunr order S Namcf'I'ciclahonefCclitticcper Of E'110_90ney Contllel f lave you sill�ulicd l,l1c rc aired Ca14 c,_P,s and List Price Sheets? _YES_ NO 121. C.-LASS ON SPAN 1NSTRUM1FN"-S Disccuu►l from curimil price list �7_T_ % Price List No. AI f , late of Prim List j I t Stacking Dish lmtor`f Yes No Lead tinic: 1 " 1• - I?:� T- _ I burly rate for repllir and Service S /i. (Pcr hour) Minimum order(ifunv)S A llaild ing fee if less lhaul millimillm 61-Jer S_ Nllmce•I'clepliollefec III l3ceper of Cnlurgulcy Contact ���� t.k l,Llt=y� r•- - l lave YOU xu Aied the rccluired Catalogs wad List Price Sheets'? Yl :i NO 75 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES 1 113 Number; 12-0900 122- SPUlw'lIFER Discount ii-om curreltt Price list :� 7 _�Jo I','ice List No. /J L>titc nI Nricc List f) Warrinty Stocking Uistribulm! Yes_. No I xad time: 7- ---'5 to HOW-ly rite fix•repuir and service S AJ/A- (1wr(tour) Minimum orrier(iI`ully) A/1A Handling five if les, Ilia[)nlinimlun order S Nalitc/felepljOnel{'ell/Beeper of mcrguitcy Contact lr�e i 1,0 L 4-f' 1- i [: ?.r' Nllvr you sul)plicd the regllired Cata[%. j fllld List Pt ice 4heuls7_ YES NO 123. ,Sjt 1'r YAC Dimmed from curreni price list_ � �� °x+ Price List No.^ {I,f,+� Mile of'Price List Stocking;Distributor? Yes No =f` Lead timc: j i rS�1 /— 11(Illrly Pale t0l')'epilll'}111d service 8_ N ,4- (Per 114mle) '0611 mum order(if any)$ _/I/A 1-1;ludling fee if less 1,111u; mininium order S NalllcJ l'clrpllonerCc11+13LCl�cr of Emergency COJIUM Al I I;ivL yjjLMW&l l Ills lti wired C'.jt.jjogs and List Pr cc Sheets" WS NO 12.1. '1'IN T TOOLS LS Distmunt from current Price list_ (` °fin Price List No. /� .�- 1)jue Of Price HIL 76 SECTION 4—PRICING/C ERTIFICATIONSi SIGNATURES ITR Nitmbu- 12-0806 Stocking Distributor? YCS No i i 1lourlti rate tot•repair;grad service S hr (per Hour) minimmil order Orally) !landling Ice if less than minintutn ardor$ I N;t€nR?l Llcpltone.?CL I!?IiCCt1c€'OI 1 aticrlllCy C'onteci lave yatr:u> i d the rcyuired CaC.ilogs ant!list Price Shoots'? YES NO 125. TASK FORCE'rips Discolmt lion€cffltitt price I lst a z�_ _f L) Price fist No. Date of Price I.ist tiff arranl y — Stocking Distributor? Ycs. No- Lead tinge: Hourly rate for repair will service S_ (per hour) Minimum ardor of arty)S Handling Ica:if less than minimum order$ Natne/T"elcpltt rue?'C:ell?ficeperofEmergency('unlace I-I ve you supnlittl the reeluirtid[aittlo rncl List Price Shcc1s? _ YES _NO 126. '1'1I0ROGO OD BOOTS Discount front current price list % Price List No. D.ac o['Price I.is1 r Warranty Stocking DistribiktoO Yeti No__ Lead time: A Hourly rate for repair and service !i (per blame) Minimum carder(ifttuy)g s� 1,4- 77 `I V i SEC'1'I()N 4—PRICING/ (TIC'i MCATIONSl S1C'NA"1 URES ITB NUM IM" 12-0806 Handling tee if less than minimum order$� , Ntur lei,releplioneiceII111ceper of F.mcrMuncy Corttarct ftasvc c)tt su a liQd thq rerluired Cadalogs ttiud List Price Shee O YFS NO 127 STREAMLIG11T f)isemlilt from current PTicc list QN, Price list No.�G't/r Dale of Trice List Warranty - •6-1-AV, e- Stocking Distributor? Yes tt No _ Lead t.imc:_ I /- 1_ 1) t !t!Z I f I lourly,..Ile fm.repair and service /tJ r , (per hotir) Minimum order(if any)$ -Ali I A 11,111ft14ng fee if less than minimum m order S Nan1c:lTelcphottc!Cel JIB ccper of Emergency Contact lave you sttpoiccl the Tequirec Catalogs.and list Price Sheets? YES NO 129. SVI'P.R q jML'j 1G1lT1=11 Discount li•csnl cttrrent price list A> % Price I Am Nil. Date of Price List L- Warranty Stocb-ing I)i.w1butor? Yes- No .. Lead tiulc. '�/- = 4-- 1.0 - I1ocn-ly ruts for repnir;lnd novice Millinnnl,order(if anyl S I landling Ice if less than III i Flit,lull'Order S Nariu+Telcpltotter'CelllRcclier of Emergency Contact Af have yon supplied(lie requirccl(::tlalO K�illil List Pricc sheels7 _YES— NO 79 SECTION 4--PRICING/CURTIi<ICATIONSI SI(:NA'I'URT.S ITN; Number: 12-0800 129. SUPERIOR PNEUMATIC Discount Bahl current Price Iixt Price I.ist No. ante of Price List_ Stocking Disiribtaor? Yc,, _No__ Lead tithe: Hourly rare Im repair and service$ (per hour) Minimum order(if any)S_ t landl ing I=if ICSS til,111 Millilltnlll order Nau1e.tTelePh€N,c/Ccll!Beeper €Cl:,ucrgency ContmA Have you stlPp ki the lean ivd(:1€tnlog5 and L sl Price Sheets``_ YES NO 130. TASKMASTER Dixeollnt froth c,n7rnt price list !� ' l l.). % Price List Nu. Lute ni'[Tier I,iSt Warranty Stocking Distrihuti,r? Yes_ No Lead time: Hourly rate ftir repair tend service$ (per hour) Minimum order(if ally)S Handling fee,il'leso thflll Milllt111,11€ under Name;felephonQ1CclI/Beeper of Fmerl ency Contact HaVC you Su 3AHCCI-tl Shtels? YF.S _CVO M. TEAM LQllli'MEN'l" Disaxult froth current p,•ice list l.. % Price List No.. A'.IA __ Date of r'riec I.is[ 79 SECTION 4--PRICING/CE11 ' 1 IC'ATIONS/SIGNATURE'S ITR Number: 12-0806 Stocking!Dimribular? Yes No Lead time: 1 - A C— I lourly rile fur repair and service S A (per hour) Minimum order(i1`any) f,� Handling fee ff letis than minimum order$ IVI-, iameaelepi,onefcclIiBeeper of Emergc:rtcy 01111RU 1ul Huye)'ou sui plied the LcLqttired Cnuiggs aild I,ist["'ice Sheets?� `' YFS NO 132. TELEL1TI L, t)iscotnit f-pill curr1 w price list ✓r `� Price List No._ � �►- _ Maw of Price List _J LA-.A-y Warranty�:�f}t;i�.�� 11 C-.`- Stocking Distributor? Yes No-_ ✓ Lead time: J � t.o f 1-101.1 fly rate for repair and Service 4.4 (per hour) Minimum order-Ofauy)S A/ 44 Handling fee if less thin minimum order 5 ��F Namet'relcphonefCel11Beeper of Emergency Cnntact Flaw t)tl su J)bed the regtlirgd Catalogs and 1.0 Pricc_SheetV YES NO 133• T1:xVl1yEST FANS Discount from current price list / „�Y % Price List No.� �!�f=# Dale of Price List l,�►�}�-'�`n '� f r,;/ '1_ Stocking Distributor ' Yes No t I.aatl tithe: i' { A.v t- f-, j - Hourly rate for repair rind service (per hour) Minimum order(if any) •�' .= - 80 SECTION 4— PRIC1NG1 CERTIFICATIONS/SIGNATURES 1 113 Number: 12-0806 Imidling fee rf less llmi minnnnm order S Name!releplionelCell.'F roper aif F.nrcrgency Contact I-lave you supplie(I the required CutalUg.s mid List Price Sheets?_ � YF.S NO 13+3. 1'U1IAlt Uiscomit front current price list . /il L /j 1] % Price List No. _ Date of Price Lisi_ Warranty _.._ Stocking Distributor'? Yes No Lead time; Hourly rate for repair and service S _(per hour) Mininuuii ardor(if tiny)fi _ Handling ree it less than ininimmin order$ _ NumufI'clephonelCelliBeeper of Emergency('oniacl Hav_cyou su i flied the rc uired Catalogs and List Prim Sltcets7 YES NO 135. TOPPS Discount from current price list No f) ! 1? _"!o Pricc List No. (Date of Price Lim Warruniv Sluckiug Distributor? Yes_ No 1.Vad 6111.. Hourly rate for repair and service S (per Irrnir) Minim"m order(if any)s I landling lbu if less than mininium order$� NfnnclTelcplrunc,+( s'11?Beeper of Emergency C011fil t ilitvL yarn surPlied 1114 r-equired Callous And list Price Shed ? YEs NO 81 SECTION 4— PRICING/CERTIFICATIONS/SIGNATURES I113 Number. 12-0906 136- TURTLE PLASTICS Discoum from current price list > % Price List No. Alm _ Bate of Price Lisl Warranty t: l - i Sloeking Distributor? Yes No t� Lead time: U, re Hourly Yale for repair and service f� f - - (Per]lour) Minimum order(Ifany)s Handling rue if less thall winimmil orders A Nrrlltr?Y-clephiluc:/C CII/Beeper of rnlerl;ency l:'ontact I lave y(m su nl ied the mquired Catalogs and. List Price ShcetO YES NO ) 07. LJNDF-,RWA,m'It KINETICS Discount Crum current price list Price List No. if Dutc of Pricc List ! J / Stocking;DiNtrilndor7 Yes No ✓ Vend lime: .) -- 4L 1.� ,i: 3 Ilourly rate for repair and service$_,4'1:'4 (per horn) Minimum order(irany)S 4-f_%A Handling I'm iflcss than 11fluinium 01-der 5 Ay z,; - Nam0Teiephtr11cl{ VII/Mvper of Emergency Contact Il.lvc you skipplied[lie required Calalogs.111d List l'rictz Sheds? '` YES NO 138. LI I'f Y LIGHTS Discount fram curivill price list / Price Um No. Daw cal'Pricc list Wmrranly 82 SECTION 4- PRICINC I CI:RTIFIt:ATIONSI SIGNATURES ITR Number. 12.0806 Stocking Distributur? Yes No Lead time: Hourly rate for repair Hall titmice S _ (per hour) Minimum order(iI any)$ Handling fee if less than minimum order iunme/Telephone/Cell taper of l"Mcfgcctcy Contact Hove pout sul abed the requirctl C uti►lirgs and List Price Skeels? YES N0 139, VANNER 1 I)iscoilot from current prier litit �,I t; f J � 1) % Price List No. Dale of Price List Warfunly - Slooking Distributor? Ycs No Lund lime: _ Hourly rule for repair and service (per flour) Minimum order(if any)$_ - larndling ice i I Ins than millitlwntt nl-tler S NHI114+'I'elcphanc'C'e[l.f3eelter of Emergency Conlact II'M ypu sul)pliCd 1110 i'C uireci C:ulalogs quid I.isl Price Sheets?i YM.S _NO H0. VET'rEg Discount from currerit price list k r fli /Q % Price List No. Vale OfNrice List elf arras 1l if Stocking DistrlbllloO Yes 1`41 I,call livac: i lourly rule Isar repair and service$ _(per halo') Miltimum order(if filly)$ 83 SECTION 4 —1'MCIN(./CERTIFICATIONS/SIGNATURES IT13 Number: 12-11806 I lotacllinl,ice if less than mininium order s N,,iizte/Telt:ilhoncl(:c1111 ccpet•of Fmer€,envy Cnnlilct I.lave You sttppl. d the rca�red Catalogs nlrtl.I isl Price Sheets? YFS No 141. WARRINGTON 11140 Discount f-ow t:i rmsil price list V i 6 % Ili-ice Usl No. Rule of 1'rict List_ Warranty Slocking Distrituitor? Yes No Lead tithe; Hourly Pate for repair and service S (per hour) it lnitt:um order(if tiny)$ Handling fee if less Man mininuuu order NriniUTelepllonelCell/RcUpt:r of Emeigmicy Contact Have YOU SLID Aied Illc reLitilred Catiloas and-11•i"l I'.ricl'shoot O _ YES NO 142, WATI;ROUS Discount ffoin c invitt price list __ t % I'Piev List No,_ f l l.4- Dille of i'rice List Warranty f ?_4i L Stacking Distributor? Ycs No t' Hotirly rate for repair and service ` %t (per hum) Wnimum order(if any)$ '1.'/,-3 Handling fee if less than mioinium order S 4V 4 Niune�1'elepllonclCelllHeeper of Lnrergency Contact N�ivc t�spliecl the rctluired Catalogs and List Price Sheets? YES NO 84 SECTION 4— PRIC.ING/CERTITICATIONSI SIGNATURES 1TB Number: 12-0806 143. VI°F:l.DON Discorurt lrenr current price list ! -1 % Price list No. mate of Price List 3 Wall-anty f = '► t Stocking Diso•ibulor? Yes_ No Lead tune: Hourly rate lur repair find service$ A114 (Pet']tour) Minimum order(if any)5_ J1A I Iandling Ice if less than miuirnYnn order 5 Na�nelTilc}�hrmciCcll;ltceperOfLmelTrmcy C:untttct If.rve-ycni supplicd tilt re�cttired Catalogs tune!.lj' price Sheets?_ �" YES NO 144. W1JELTN ENG.INEV,RINC; Uiswunt from current price I isl ;1 % Price List No. t�- „i L+ CU[ Datc of Price List warrailly- Stocking Distributull Yes No HOWly rate fOl'rapail Rld SC:1'YICC 5 /11._x- (per hour) ivlitzitntrtn order(if'ally)$ 1111,4-_. ]imtdlit34 tee if'lass tllsul aninintum order s Ai I /r Nance>'7'elel�ltioncl('clllF3cclnt r of Emergency Conlact Ilave you sA.slzpliVd ills NMI ited CAMIOsrs alld List 111 icc Sheets? YFS N0 14-5, WILL BURT Discotiltt fi'trrn current price list . % t'r'ice List No, Dale of Price list Warranty _ 85 SECTION 4—PRION(T1['EIV11FICATIONS/SICNATURES 11 13 Number: I2-0800 Sturking Distributor? Yes No 1'ead lime. Hourly ratc for repair and service$ (per hour) Minimum order(if any)$_- Handling;fee if less than minimum order S Namc1'I'clrlyhnne?Ce11:L3eeper of F,rncrgcncy Contact lave}`c}tl supplied tlu required Cala logs anO Lis( Prwe Sheets? YES NO 146. WINCO c.t NERATORS Discultnl from(:uncut price list 6 1 d % Price List No. Date cif Price List will-auly Stacking;Distrihulur? Yes No_ Lead tinie; I lourly rite inr repair Enid service S (Iscr Imur) Minimum order(Wuoy)S I handling;lie if less than ininin um order S Nanlc�Tcicl>hcrncfC'►IIll3ceper of L'meq envy Coutael I have you supplied tilt rogiIii-ed Price S cc s? YES N(7 117. WINDSOL Discount from crrrreia price Iist 1 r' /.1 d % Price List No. Date of price List Warramy _ Stocking;Distrihutur? Yes No P I lourly rote fir repair and service (puler hour) Min111 um 01-dur(iI'any)S.. } 86 SECTION 4—PIUCINCI C'F.IZ'1'11+ICA'l'IONS/SI[IrNA'1'Ultl:S 11')3 Number: 12-118))6 handling 1ec ii'less than minimum order Nall3e?Telcp}ronu/(.'cll/13ccper of p.mergenvy Contact r lave yott Supplier)-the raquilVI 011110'L S Mid LNI Price Sheets? YES NO 148. WiLLIAMS FOAM A ,} 1 Discoma)Toni current 171'icu list l P 0 e �� % Price List No, Dale elf Pricc List Warranty Stocking Distributor? Ycs _No Lead time: Hourly rate for repair and Novice _ (per hour) Minimum order Of;uiy)S Handtiiig fee if less than minimum order S Nalncl'I'cicl�hone.+'C.elUf3ecper of Emergency Contact Have you supplied the l_equircil Calatogs and List Price Sheds? YES NO 149, W[1RIMM Discount From current pace ti,,[ AJ / i r l) % Price Lill No. llatc of 1'6ce hSt Wtirraltty Stocking Distributor? Yes No Lend Lillie: Hourly rate for repair:}nd scivice"l (per hour) Imillinxml trader(if ally)S_ _ hHandling Ice if less#hall Ililnllnulrt ordor S N,:nlc.''I'elcptlone?C'ell?Eieeper of F iliergency Contact ll,lvc y0u stipplied the_renairecl Catalolv.ulcl List Nl-ice Sheets? YL:S NO 87 SECTION 4--PRICING/C ERTIFIC:A'I'IONS/SIGNATURES I'M Ni mbur: 12-0806 150. 'LIT R Discount f3'oln CI11'rent Price list Price List No. DaLC of I'dec List_ Warranty Stacking Distributor? Yes No Lead tune, How-ly rate for repair and servic u S (per 110111') M ininium order(i#iniy).S, Handling fee if less thun minimum ogler S_ _ lr�ulncll'clephonr?C'cllfl3ccper of l.:ntergency Contact Have y-cm—silppLied_Ilic 1'{:illllmd Catillops and list Price Shects7 YE% NO 151. 7,I A Iii A'I'IC Diseclulil from current price list __ 1 odd l Price List No.l%f.'�- Date of Price I A%I Stocking Distributor? rYes 1� No I.Cud lime. ! /1 4- PI Hourly mate for repair and sc,-vice s (Peer liuur) milliilnnn Order(If any)$ Hwidling fee if less them minimum order$./I/ - N\ L iii c?'I'elep lione;Cel]"RcQpcl-ofEfflergency('0111,10 IC Have.'o� a mx)lied the reyniixEI Catalogs and List Pricc Sheets"? YES NO 152. ZICO Diwimmit from Current Inicc Iisl ` % Price List No.-z 4- Date of Price List W',IITHnly 88 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURFS IT13 Number: 12-08M Stocking Distribalor? Yes � No Egad tithe: Hourly state for repair and service$ �1/� (per Dour) Miiiinwin order(if any)$ 1�.1 Hwidling fee if less Man tnlnLnwn order$ lj! A Namc�l'clephone+'CcNli3ceper of Emerg4=y Contact Have YOU supplied tlie ri:quired Catalup and List !'rice Sheets`' YES_ NO Replacement parts,mpair ntid service nal previously noted flint your firm may wish to bid(nituch naditlonal sheets if nceessar)). P;u-Irltclauir,'Scrvice Bidding. DiSCiHlnt from clu'reut price list Price i.isa No_ Dale of Price List__ wHrrmity Stocking Distributor? Yes., No_ Lead limo; I lourlp rate For IVP',Iir Rnd urvicc S _(per hour) N-f ininunn order(if any)$ landling lie if less dean niiviinum nrder$_ Naiiic,+Teieplione/Cell./Beeper ol'l.ntergeucy Contact l"ay"u�.upplicd the ren�iirccl('ataLlogsand List price Sheets?_ YES NO Will your firm accept Vka? Yea 4 _ No 89 SECTION 4—PRICIN(;/C'EICTIFICATION5/SIGNATt)]ZES 1-1 B Number: 12-0806 Additional Sheet f 143auul'�cfurct� 141 /k L)iscount from current price list (' % Price List No. /U 1A Dale of Price list Warranty StockingDistributur? Yes ,/ No Lcad time: I C' b q-c f c I lourly rate fur repair and set-vice$ /IV�J_ (per lhom') Minimum order(il'any)S. landlitlg fee il•Icss than minimum order$ !i- :Vnme.+'i'elephctnefrCcll;liccl�cr of Ejuergcncy Coulrct Have vast suppliccl.(hc rcyaired Catalogs m)(I List Price Sheets? ✓ _YL:S NO 1)!%cowtt from Currant price list Price List No. — Date of Price List_ Stocking Uislribolor? Yes No_4'r' Ixad tithe: -� — -- / /) ;t' f- _f Hourly rate for repair mold service S /U/,4- _firer hoar) tit ininwm order(if tarty)$ /t,l i A Handling fee if lum than.minimum order$ Nume?1 elephone/CeII/BccIxr of Lntergeticy Contact ')rl 1' C 14,#--�'r 4L ( f� �; � } C l Have aeon supplied ihc_rcimired Cutalogs aml U t g{l SECTION d—PRICTNQ CERTI FICA'TIONS/SIGNATLTRF�S JTB Number: I2-0806 Additional Sheet Manufacturrr: S_i= A!<,,f itf A,t't .- Discount from current price list_ ) % Price List\u. IV A- (late of Price List z� 1 ` Warranty A-6Ai-L �- D f'E' e r-S. Stocking Disiributor? Yes No 1.! .uatl time. A- I'>?-- -10 Hourly rate for repair and scrvicv (per hour) i N4 inimtun order(if any)5 / d-,, I/- Handling fec if less than mininturr order$ IU 4 A-.. Namcl°TulephonclC'el lllleeper of Fmergeucy Contact A 74 r f lave yOm. ldllnGed the required Caistly s tncl I i&�}'rice Sheets? y YES NO Manufacturer: f- ' fl 1 —� F rq.0(ce PL-V_( Diw9tuu rovivi current price list 0 % Price List An-_ Dam of Price List -/ 0 1 -2— Warranty __14 /4 t•fi! { T~ } 1: ;,' 7 .{ Stocking Distributor? Yes ='` No Lead time; t lutu'ly rate tar repair and service 5 (Tier hour) mitnmum order(if any)S /,61. Hat,dling fee if less thin miuirrium order$ NamclTe1cphoululCul1111ceper of Emergency CUrttael 14arc run suuy>!ied IIIe required Catulous and I j 1 90 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITD Number: 12-0806 Additional Sheet Manu[acturer: Discount from current price list f % I Price List No. Al A_ Date of Price List_ ! Z Wan,anty % Vc- i Stocking Distributor? Yes No L.- Lead time; �- A Hourly rate for repair and services—A L'4 (per hour) Minimum order(if any)$ 1101 A Handling fee if loss than minimum order$ A,f :j Namen'elephonc/Ccli/Bceper of Emergency Contact Have ov i suo j 1 ed dir testttircd Catalogs and List Price Sheets? i�` YES_ _ NO Manufacturers �I t� f,cE- -c=hi Discount Prom current price list _ %r- % /! Price Lis(No.. /�/1- Dntc of Pricu Ust Warranty Stocking Distributor? Yes No Lead lime• / � •� (4.l c�c:-�.c f Hourly rate for repair and service$ {� +y (per hour) Minimum order(if any)S 10z.A_ Handling fez if less than minimum order$ NaniclTelepltnne/Cel III ItTper of Bracrgcncy Contact flavc ,ou sppphed the required Camloys and List 90 SECTION 4—PRICING/CERTIIS'ICATIONS/SIGNATURES 11'13 Numb= 12-0806 Additional Sheet Manufacturer: U ifS " "t- Discount from current price list. f % Price List No.___f�,!_f hate of Price List Warranty 1.l,` �) c &t T S Stocking Distribu No--I,-tor? Yes No Lead time: It Hourly rate for repair and service$--V/.-I (per hour) Minimum order(if any)$ V A Handling fix if less than minimum order S A/ 4 Namerl"clephonc/Ccll/Bcepor of Emergency Contact Have you supi,iied the required Gatalop and List Price Sltggls YL'S NO i - Mimufacturet; A-[./:�_,y1 e-C Vt it f- �[' c L,t Discount from current price list % n Price List No. Datc of Price List Warranty / a -- , L. a_ Stacking Distributor? Yea No 6— Lead time: Hourly ralc fbr tcpair and service S (per hour) Minimum order(if any)S L� Handling fee il'less than minimum order S / '+ Namel'l'elephonefC:ell/lIceper of Emergency Contact At C ��' Have you suu11ied tike required Catalogs and List `�r1 90 SECTION 4--PRICING CERTIMCATIONS/SIGNATURES ITB Number: 12-M06 Additional Sheet_ M17anut'sact#a Car Y: ��1�J�'� t'�C �t L�-� f�.��►'�-/1,C–^� Discount from current price list3'L'e`- '��' Price Ust No. A)l ,L Date of Price List Warranty - `Fc Stocking Distributor? Yes ✓ No Lead tittle: � I)AV t Hourly rate for repair and service$,, /L�Z,4– (per hour) Minimum order(if arty) A- Handling fco ifless than minimum orders 1+orao/Tciephone/CellfBeeper of Emergency Contact �,;�cC /�..1�3�_ �o �'� Via`. j S�t✓ - ; Have you sunttlied the recauircd Culalogs and List Price Sheets? YUS NO Mmoufacivar: P14j-`t Discount from current price list! J °1 Price List No.— Date of Price List /Zz Warranty ! L%: 4-12 S Stocking Distributor? Yes ✓ No Lead time: I lourly note for repair and service S '�/^# (per hour) Minimum order(if any)S _�i f /4 Handling 1'ce if less than minimum order Nametl'elephone/C V1UBCVPrr of Cmcrgcncy Contact Have you supplied the required Cetaloaas and List f 90 SECTION d— PRICING/CERTIFICATIONS/SIGNATURES ITH Number: 12-0906 Additional Sheet Manufacturer: Ti5-,A1/9£'S-r— n A�;Ll Discount from current price list ��I % Price List No, dA Date of Price List Lk" !CIA lei 2�1-J Stocking Discrlbutoe?II Yes No Cf` I-cad time; 14 • L, L.k l ' Hourly rate for repair and service$ 1I (per hour) Minimum order(if any)S N/4- Hundling fee if less than minimum order$4l Zk7- Narne/Tclephone/Cell/Beeper of Emergency Contact —i�44_ UJ 5_—i jo:7 to 3 • 6 --r— Have y2o,4upplicd the re uir and List pr' s'1 ✓ YLfi NO Manufacturer: XC;If}-,V 1j 'r/VI)t [/� l t Discount from current price Iist t,14-r-4,2 S CIc' C/-t,1 Price List No. 1V ZA Date of Pncc List Warranty ' to- J I-r N--rez-r-j Stocking Distributoel Yes No L° Lead time: laurly rate for relralr and service$ �L�/• (per hour) Minimum order(ifariy)S ' /14- Handling fee ifless than minimum order$ Narne/TelephonelCell/Sceper of Emergency Contact Have you supplicd the required Catplors and List Vi-3 90 SECTION 4--I'RICWG/CERTIRCATIONS/SIGNATURES JTB Number: 12-itl06 Additional Sheet Manufacturer: Discount from current price fist °!a Price List No, ,,_ Datc of Price List.� ! Warraut c. Stocking Distributor? Yes No_ L- Lead time: I ` 4- it,e Hourly ralc for repair and aervicc 5 ' i (per hour) Minianum order -/ Handling fee If less than minimum order S. A,//, Namcf r-lephonc/CclVBceper of Emergency Contact t IOE 4 y I- / 13 G J )-LkU You supplied the rmaitirW- Catalogs gnd List Prico Sheets? [ YES NO Manufacturer: Discount from current price list % Price I.ist No, bate of Price List Warranty_, Stocking Distributor? Yes No Lead time: Hourly rate for reptur and service$ (per hour) Minimum order(if any)S I landling fee if less than minir;tiwn arder$ _ Naamcfrcicplaonelcellllleeper of Emergency Contact HavLvQka supplied the requiretE_C-aRlslogs-and Lis 90 SECTION 4 —PRICING/CERTIFICATIONS/SICNATUR S FIT Number: 12-0806 fly Signing this Bid the Bidder Attests and Certifies that; • It siitioies all legal requirements(us an entity)to do busisiess wills the County. • The undersigned vendor acknuwlcdges that award ora contract may be contingent u13011 a deternlirk•ltiorl by the Coualty that the vendor has the ex,piruity and Capability to successfully Perform the contract. • The bidder Iiiauhy certifies that it ailder'stands till requirements of this solicitation, and that the undersigned individual is dilly authorized to cl ccute this bill document and any con€rict(s)anti at'other transactions required b award of this%olicitaLioll. Certification ltegardu1g Asecptsince of County Electronic Payable Pr imess Vendor will accept paylimit using;the(`ainit}''ti VISA-bkvwd electronic payment system: ❑ryes ❑ No Purchasing Agreements with Oilier Covernruent Agencies This section is aplimial and will not :sheet emilruci award. If Lake County awardled YOU the proposed colltraCt, would you sell udder the stoic leans and cundiliuns, ror the tid111C pr,CC, to tltllCr gO W-1lnlCtttal agel)ClCS ill 111c State of Florida? Each gover'nincMal ateiley desiring to accept to Utilize tllis contract shall be rcypolisfble for its own purchases and snail be liable only lirr materials or services ordcred and received by it. .- Yes E] No(Check one) Certification Regarding felony Conviction His any officer, director, ,;tar all exemilive nerlorming equivalent duties, or the bidding comfy hcen convicted of a felony during the past ten(10)years? ❑Yes [D'No(Meck imc) Colinict or Iulere.st Disclosure Curlific.ation Except as listed below,no employee, officer, or agent of the firm has uoy can Ilic:ts ot-interesi. read or apparent,clue to ownership, other clients, coittt-acts, or interests asset+ iated with this proJect; ;slid, this bill is i adtc w°ithuul prior understanding, agreement, or connection with any corporation, firm, or person subinilling a propomal lilr the mill+c services,and is in all respects fair and v+itllotit cc+llusion or fi-dud, DUNS Number(Insert trthis action involves,a federal firllded pro eel): -3 3 Cenct•al Vendor Information and Sid ,Signatlim. Firin Manic: ll'j blt y a s. i= V_U I LAii;1J 17 Cc), Street Address: v4 { L� Mailing Address(irdiflcrcat): y5-knl C Telcpfimic No.: I--StO..Zi4'- 34ej i- Fax No.:i- 1'VM'--Z*4 f F-nmi1J)wjt4 FEIN No. - LZ4fit- ` I. Prompt Payment'J orals: "Rb 1, days, net 3(-, Signature: ';t ''c Date: j4 Z1 G Print Name: y]A-I ' L'I Titic: V r i C­ �/L-F 1 o it G x-l" Award of Conti-act by tllc Ct1un! 0firacittl Use Only) By signattim below,the(;+only confirms award to the above-identified vendor under lie above identified solicitation. R tiel):il'atC pul'Clli4tic iTi'dl l'{4'lll hL'gCnCl'aled b} the County to suf)port llle contrt�ct, Vendor awardeit m;: ❑ Stile vendor Q-wre-qualified pool vendor based on price C] Plc-qualilicd pull vendor(spat bid) E] Primary vendor for items: j ❑ Smindary vendor for items: 0 hiller status: 1 Signature Ofaathfuzed County official: 12—!2 .— Printed name: K-aseaI71—� CI�it7SAiT 7'itdu' C-1�it rC7{ -- � Ptirchaw Order Number assigned to this cotliract for billing purposes: 91 SECTION 5—ATTACHMENTS ITR Number: 12-0906 THE FOLLOWING DOCUMENTS ARE ATTACHED Attachment 1: Work References 92 SECTION 5-ATTACHMENTS ITB Number 12-ON06 WORK REFERENCES PA-LAJ l C-A (Aty,lsAalc,ZJP Wo'-f- YA-)E_ Tyjv of s wi U e-A" mct Agency C oco Av6�c -7 Conlact ilmon -3174, Savicc J, T)VU uf V t 4 f & U 6& Alivicy zJ 2TV£i.: -7 -7:1' ma, IJ m«4 93 MUNIC-1 OP 10:ME CERTIFICATE OF LIABILITY INSURANCE DATE rYYYYI 0 31061aaf12 THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE: DOE=S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE" DOES NOT CONSTITUTE A CONTRACT SETIMEEN THE ISSUING INSURERjS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT, If the certificate holder Is an ADDITIONAL INSURED,the policyjles)must he andomed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,cartaln poltclea may require an endorsement, A statement on this carllfic-ste does not confer rights to the certificate holder hl lieu of such endoramani(s). PRODUCER 407-425-3411 NqW6; r Melinda Cerlo -_. OLW 407-843-2632 PN°";��,:407-425-3411 IIV„lI.407-843-2632 $O5 E.Robinson St.,Suite 320 -- — Odando,FL 32801 ADORgvs5 mcerlo64lwinc.com Matthew West INSURER(Sj AFFORDING cOV_ERA0E_ _ RAID 0 INSURER A:MIIIwm Ino•mnkr Ccmp+np 26743 INSURED MunicipalfigoIpment CD,LLC INSURER The Hartford -- 38261 Bob Fonuornan 2048 West Central BCL11Ovard INSURER C; Orlando.FL 32806 R15URERU uIl ER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY TI4AT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THF.INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT,TERM OR CONDITION Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THF INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI- THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS-. POLICY EFF LPTR TYPE OF INSURANCE {NSrI kflJ(L P044CYNUMDEfl MM_1Vw-fr) low= _LIMITS DENBRALUAMILITY EACHUCCUNAF.KF 3 1,000,00 rwIvA'.rTnrRCNrru— A X CDMMeHQALGE:NERALL1A9iIITV X GLI3&DO9Q3004 02!14;12 OW14113 pREMwSi 5(Ca3ooaamarsce) s 50,00 CLAIMS-Mikot IX-1 OCCUR M ED EXP 1a4j am Porto”) s a,aD PER504NAL aA.GV INJURY 5 1,ODD,9D — Grfr ft LAagKtGAIF s 3,000,00 GENL AGGREGATE LIMIT APPI.IF.S PER PROOSICT5-COMP/OP AGC s _3.000,00 _ POLlCY PRO. +rlc _ ,Emp Ban. s 1,000,00 --- - FR iN Lk L AUTONIOSILE LA UTY ( gigq_rd 9 - 1100010D 13 X A14YAUTO 21UECKK687& 02114!12 02114113 PAr11tYINJURY(Perperaon) s hll�l ,wen AIir'ULEU ROITLY(NJURY(PeracG tYkk s HIFiE4Akli0fi NOW)�FO } ( dOA1<A t Aulos e UMBRELLA LIAN OCCUR EAp;ti'y,_CURWNCF S - EXCESSLIAa CLAIksmAor Ar1C3HtClAIt 6 - DFn nETENT42td4 5 WORKERS COMPENSATION I I'M KTTATk1- I}TRH AND FMPLOYOWLIABILITY _ 100,00 B ANY PRQPR1[TOR,PARTNERILXECU7IVC Y NIA ZIWBCVX2948 06122111 ON22112 E.L.EA_CH_ACCiOEIII d I)FHC.FRIMCMBERFRCLIIDCD7 L J warndoarylnNH) C.L.DISEASE-E4 EMPLOYEE ! 1000 WsIr yyes,a%mba,�a E.L.DISrA`3E PoLiCV Lllkir s 500,000 Ot OPERATIONS W11* —-_-- OESORIPYION OF OPERATIONS 1 LOCATIONS)VEHI4LES(Attach ACORD lei,AdatUMMF RAW0*1 SCh,/duM,lIt mom•1140111 m4ulr44) Lake County, A Political Subdivision Of the State of !r1orida and the Board of County Commieeioner" has been added as additional insured. ITS NUV1b4r 12-4806 CiERTIPECATEe HOLDER CANCELLATION SHOULD ANY OF 711E ABOVE DESCRIBED POLICIES BF CANCELLED BEFORE 714E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN LRke Comity, APolitical ACCORDANCEWITH THE POLICY PROVISIONS. Subdivision of t1ju State of F IL PO Hox 7800 AUTHORIZEDREPRESERTATAWE TdYRI'@9, FL 3277$ 4 0 1989.2010 ACORD CORPORATION. All rights reserved. AGORA 76(2D10105) The ACORD narne and logo are registered marks of ACORD w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: October 8, 2014 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 ORDINANCE NO.33-14(FIRST READING/FIRST PUBLIC HEARING) BACKGROUND The purpose of this ordinance is to provide the City adequate time to craft meaningful regulation to properly study and consider the myriad of unknown effects that will result from; (i) the recently legalized use, production, and distribution of medical marijuana for compassionate use, and (ii) the potential impacts of the proposed November 2014 constitutional amendment which provides for the legalization of medical marijuana. During the 2014 legislative session, the Florida Legislature enacted the "Compassionate Medical Cannabis Act of 2014," which authorizes a limited number of approved nurseries in the State of Florida to cultivate, process, and dispense low-THC cannabis to qualified patients, and operate as "dispensing organizations" as approved by the Florida Department of Health. The Act was codified in Section 381.986, Florida Statutes. Similarly, on November 4, 2014, Florida voters will consider an amendment to the Florida Constitution entitled "Use of Marijuana for Certain Medical Conditions," otherwise referred to as "Amendment 2." Amendment 2 would legalize the medically certified use of marijuana throughout the State of Florida, and would further authorize the cultivation, processing, distribution, and sale of marijuana by "Medical Treatment Centers" licensed by the Florida Department of Health. Both Amendment 2, if passed, and the Compassionate Medical Cannabis Act of 2014 permit land to be used in a way that has historically been prohibited under Florida law. Accordingly, the City currently has no land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana. This ordinance imposes a one year temporary moratorium on the operation of Medical Treatment Centers and dispensing organizations, as those terms are defined in the ordinance. During the moratorium the City will not accept, process, or approve any application relating to the operation of a Medical Treatment Center or a dispensing organization. The stated purpose of the moratorium is to allow the City a sufficient period of time to review and determine what zoning and land development regulations would be appropriate to govern the use of real property as authorized by Amendment 2 and the Compassionate Medical Cannabis Act of 2014. RECOMMENDATION City Commission discretion. ORDINANCE NO. 33-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4, 2014, Florida voters will consider an amendment to the Florida Constitution entitled "Use of Marijuana for Certain Medical Conditions" ("Amendment 2");and WHEREAS, if approved by Florida voters, Amendment 2 would legalize the medically certified use of marijuana throughout the State of Florida and authorize the cultivation, processing, distribution, and sale of marijuana, and related activities, by licensed "Medical Treatment Centers;" and WHEREAS, the Florida Legislature recently enacted a separate but significantly more narrow medical marijuana law, the "Compassionate Medical Cannabis Act of 2014," which authorizes a limited number of nurseries to cultivate, process, and dispense low-THC cannabis to qualified patients and operate as "dispensing organizations;" and WHEREAS, due to the historical prohibition of marijuana, the City of Delray Beach does not currently have any land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana, or related activities, and such uses are not permissible within the City; and WHEREAS, in order to promote effective land use planning if Amendment 2 passes, or if a dispensing organization should seek to operate within the City, the City Commission wishes to preserve the status quo while researching, studying, and analyzing the potential impact of Medical Marijuana Treatment Centers and dispensing organizations upon adjacent uses and the surrounding area, the effect of Medical Marijuana Treatment Centers and dispensing organizations on traffic, congestion, surrounding property values, demand for City services, and other aspects of the general welfare;and WHEREAS, the City Commission finds that a temporary moratorium on the operation of Medical Marijuana Treatment Centers and dispensing organizations will allow the City a sufficient period of time to determine what uses are best-suited to particular zoning categories and how best to formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana, or related activities; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitals above are true and correct and are incorporated into the findings of this Resolution as if set forth in full herein. Section 2. A temporary moratorium is hereby imposed on the operation of Medical Marijuana Treatment Centers and dispensing organizations within the corporate limits of the City of Delray Beach, Florida. While the temporary moratorium is in effect, the City shall not accept, process, or approve any application relating to the operation of a Medical Marijuana Treatment Center or dispensing organization. Nothing in the temporary moratorium shall be construed so as to prohibit the medical use of marijuana or low-THC cannabis by a qualifying patient as determined by a licensed Florida physician, pursuant to Amendment 2, Fla. Stat. § 381.986,or other Florida law. Section 3. For purposes of the temporary moratorium, the term "Medical Marijuana Treatment Center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their professional caregivers, and is registered by the Florida Department of Health. The term "dispensing organization" means an organization approved by the Florida Department of Health to cultivate, process, and dispense low-THC cannabis pursuant to Fla. Stat. � 381.986. Section 4. This ordinance shall take effect immediately upon adoption. The temporary moratorium shall terminate one (1) year from the effective date of this ordinance, unless the City Commission rescinds or extends the moratorium by subsequent ordinance. In the event that Amendment 2 is not approved by Florida voters on November 41 2014, the temporary moratorium on the operation of Medical Marijuana Treatment Centers shall terminate immediately, but the temporary moratorium on the operation of dispensing organizations shall remain in effect in accordance with this section. Section 5. If any section, subsection, clause, or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. 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 2 ORD. NO. 33-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: October 15, 2014 SUBJECT: AGENDA ITEM 11.A.-REGULAR COMMISSION MEETING OF NOVEMBER 4,2014 ORDINANCE NO.34-14 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 a less rigorous method for removing City board members. More recently, at the October 7, 2014 City Commission meeting, the Commission requested the City Attorney to further revise the proposed amendment from "removal for no cause" to removal for "conduct unbecoming". Conduct unbecoming has been defined in the proposed ordinance to mean any conduct by a Member, which in the opinion of the City Commission, is inappropriate or unsuitable and which has a tendency to adversely affect, lower, or destroy City Commission respect or confidence in the ability of the Member to perform his or her duties as a Member of the City Board or conduct which brings disrepute or discredit to the City Board. 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). Except for those boards specifically excluded, all City board members appointed after the effective date of the ordinance shall be subject to removal for conduct unbecoming, in addition to the other stated reasons for removal. Board members 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. 34-14 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"; 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. Any of the Regulatory or Advisory Boards, Committees and Commissions of the C� Member. Any person who is a member of any , CCU Board,whether the):are 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 C4 Board, r-e ffi. itte,. ev r-..~.~ iss ~. Conduct Unbecoming a Member. Any conduct by a Member,which in the opinion of the City Commission, is inappropriate or unsuitable and which has a tendency to adversely affect, lower, or destroy City Commission respect or confidence in the ability of the Member to perform his or her duties as a Member of the City Board or conduct which brings disrepute or discredit to the City Board. 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 Mfember of any City Boar d,Geffi fate ev ~ ~ ~ appointed by the City Commission to serve ~L�~ ' Geffiffiittee ef Geffiffiissien 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 C4 Board, r-e ffi. itte,. ev r-..~.~ iss ~ 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 which provides that if any Mfnember 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 any of the preceeding events, the Enforcement Board shall declare the Mfember'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 Mfember 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. 2 ORD. NO. 34-14 Section 3. That Chapter 32, "Departments, Boards and Commissions", Section 32.17, "Grounds for Removal" be amended to read as follows: Sec. 32.17. GROUNDS FOR REMOVAL. > > (1) Abandonment of Office. Except as may be otherwise provided b,T�, special act or City ordinance, in the event of Abandonment of Office b: a Member of a City Board, a notice of removal shall automatically be issued by the Ci , Manager or designee. The removal shall be effective as of the date of the notice. (2) The City Commission may remove a City Board Member for: (i) Conduct Unbecoming a Member (ii) violation of an):provision of the applicable Statute, Count,: or Cit,v code of ethics governing the conduct of officials (iii) malfeasance, misfeasance, neglect of duty; or inabili , to perform his or her official duties or (iv) conviction of a felon,: or misdemeanor. The City Commission ma,T� suspend an elected City Board Member for: (i) Conduct Unbecoming a Member (ii) an arrest for a felon, or arrest for a misdemeanor related to the duties of office, or (iii) an indictment or information regarding the commission of a misdemeanor, or felony. The City Board Member shall be advised of the basis for his or her removal or suspension, provided reasonable notice, and an opportune , for a hearing in accordance with the procedures provided in Section 32.17. (3) 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: Sec. 32.18. PROCEDURE. (A) Notice of Removal. Except as provided in subsection (C) 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. (B) 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 3 ORD. NO. 34-14 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. (C) 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 (D) below shall not be applicable, but the person removed may request reappointment at any time. (D) 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. (E) Effective Date of Removals. (1) Except as provided in subsection (E)(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 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. 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: 4 ORD. NO. 34-14 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: Geffiffi4+ee ef Geffiffiissien ffieffibef fe fill the ttne--�pifed peffien ef the tefffi if-, upen geed effuse 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. 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 5 ORD. NO. 34-14