05-20-15 Regular Meeting Agenda
Regular Commission Meeting
Wednesday, May 20, 2015
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Delray Beach City Hall
RULES FOR PUBLIC PARTICIPATION
The City of Delray Beach welcomes public engagement during City Commission meetings
and requests that citizens adhere to the following Rules for Participation:
1. PUBLIC COMMENT
: City Commission meetings are business meetings and the right to
Generally, remarks by an individual will be
limit discussion rests with the Commission.
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.
C.
Citizens that request to do a presentation that is on a portable flash drive device or
CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day
prior to the meeting where they wish to present.
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
ROLL CALL
1.
INVOCATION
2.
PLEDGE OF ALLEGIANCE TO THE FLAG
3.
APPROVAL OF MINUTES:
4.
Motion to Approve minutes of April 3, 2014 City Commission Special Meeting,
A.
October 21, 2014 City Commission Special Meeting, November 18, 2014 City
Commission Regular Meeting and May 12, 2015 City Commission Workshop
Meeting.
PRESENTATIONS:
5.
Spotlight on Education Pine Grove Elementary
A.
Gift Presentation from Sister Cities
B.
Design Guidelines Update Anthea Gianniotes, Treasure Coast Regional Planning
C.
Council
COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM
6.
THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
AGENDA APPROVAL
7.
CONSENT AGENDA:
8. City Manager Recommends Approval
FINAL SUBDIVISION PLAT/BORDERLINE/2200 LAKE DRIVE: Motion to
A.
Approve a final boundary plat for a two lot single-family subdivision platted as
Borderline located at the northwest corner of N.W. 22 Street and Lake Drive.
ACCEPTANCE OF WATER EASEMENT DEED/CLEMENT COTE AND NANCY
B.
TESSIER/LATITUDE DELRAY LOT 6: Motion to Accept a Water Easement Deed
with Clement Cote and Nancy Tessier at Latitude Delray, Lot 6, Building No. 2
located at 222 S. Latitude Circle.
ACCEPTANCE OF WATER EASEMENT DEED/LATITUDE OASIS,
C.
LLC/LATITUDE DELRAY LOT 22: Motion to Accept a Water Easement Deed with
Latitude Oasis, LLC at Latitude Delray, Lot 22, Building No. 4 located at 227 N.
Latitude Circle.
ACCEPTANCE OF WATER EASEMENT DEED/LATITUDE OASIS,
D.
LLC/LATITUDE DELRAY LOT 7: Motion to Accept a Water Easement Deed with
Latitude Oasis, LLC at Latitude Delray, Lot 7, Building No. 3 located at 228 S.
Latitude Circle.
ACCEPTANCE OF WATER EASEMENT DEED/GARRETT AND NANCY
E.
SCHULTZ/LATITUDE DELRAY LOT 23: Motion to Accept a Water Easement
Deed with Latitude Oasis, LLC at Latitude Delray, Lot 23, Building No. 5 located at
221 N. Latitude Circle.
AMENDMENT NO. 1 TO SERVICE AUTHORIZATION 12-03.1/WANTMAN
F.
GROUP, INC./FORCE MAIN 58A REPLACEMENT PROJECT: Motion to
Approve Service Authorization No. 12-03.1 (Amendment No. 1) with Wantman
Group, Inc. in the amount of $27,492.56 for professional engineering services (RFQ
2012-06) related to the replacement of force mains at Systems 58A and 87 (Project No.
2014-039); providing design, a lift station electrical control panel and construction
administration services during project construction. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), Beyond
the Scope of Work. Funding is available from 442-5178-536.63-88 (Water and Sewer
Renewal and Replacement Fund: Improvements Other/Force Main Replacement).
SERVICE AUTHORIZATION NO. 12-06/CALVIN GIORDANO AND
G.
ASSOCIATES INC./COMMUNITY REDEVELOPMENT AGENCY (CRA)
SIDEWALKS FISCAL YEAR (FY) 2015: Motion to Approve Service Authorization
No. 12-06 to Calvin, Giordano and Associates, Inc. in the amount of $19,830.24 for
professional design services related to the CRA Sidewalks FY15, Project No. 2015-
002. Funding is available from account 334-3162-541-63.11 (General Construction
Fund: Public Works/Improvements Other Than Buildings/Bike Paths/Sidewalks).
HOLD HARMLESS AGREEMENT/DELRAY PRESERVE/FLORIDA
H.
DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY: Motion to
Approve a Hold Harmless Agreement with Delray Preserve for work in the Florida
Department of Transportation (FDOT) Right-of-Way.
PROCLAMATIONS:
I.
Omega Psi Phi, Inc. Lamba Alpha Alpha Chapter -35 Years of Service
1.
Clean Air Challenge Month May 2015
2.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: No
J.
appealable reports for the period of April 27, 2015 through May 1, 2015.
AWARD OF BIDS AND CONTRACTS:
K.
1.NONE
REGULAR AGENDA:
9.
SIDEWALK IN-LIEU FEE/962 BOLENDER DRIVE: Consider a request from the
A.
property owner of 962 Bolender Drive to pay a fee in-lieu of sidewalk installation.
(Quasi-Judicial Hearing).
SIDEWALK IN-LIEU FEE/3021 JASMINE COURT: Consider a request from the
B.
property owner of 3021 Jasmine Court to pay a fee in-lieu of sidewalk installation.
(Quasi-Judicial Hearing)
FINAL SUBDIVISION PLAT/CANNERY ROW: Motion to Approve a final
C.
boundary plat for Cannery Row Replat of Lots 11 through 13, located on the west
rdth
side of Pineapple Grove Way, between N.E. 3 Street and N.E. 4 Street.
AMENDMENT NO. 2/R.J. BEHAR AND COMPANY, INC./ FEDERAL HIGHWAY
D.
BEAUTIFICATION PROJECT NO. 2009-009: Motion to Approve Amendment No.
2 to the agreement with RJ. Behar & Company, Inc. in the amount of $151,358.00 for
Construction Engineering and Inspection Services (CEI) for the Federal Highway
Beautification Project No. 2009-009. Funding is available from 334-3162-541.68-52
(General Construction Fund: Public Works/Road and Street Facilities/Other
Improvements/Federal Highway Beautification).
E.
RESOLUTION NO. 32-15/ BEST INTEREST RESOLUTION -ELECTRIC
MOTOR OF PALM BEACH: Motion to Approve Resolution 32-15 approving FY
2015 acquisitions for repairs, rehabilitation, and parts related to submersible pumps
for raw water wells from Electric Motors of Palm Beach not to exceed $50,000.00,
declaring by a four-fifths affirmative vote that the Citys Sealed Competitive
Method, or Written Quotations Procurement Method for the purchase is not in
the Best Interest of the City. Funding is available from 441-5144-536-46.20 (Water
and Sewer Fund: Lift station Maintenance/Repair and Maintenance
Service/Equipment Maintenance). This recommendation is in compliance with the
Code of Ordinances, Chapter 36, Section 36.03(B), Multiple Acquisitions from
Vendor Exceeding $25,000.00 in Any Fiscal Year, and Section 36.02(C)(11), Best
Interest Acquisitions.
INTERLOCAL AGREEMENT AND AMENDMENT NO. 1 TO
F.
MICROENTERPRISE LOAN PROGRAM COMMUNITY DEVELOPMENT
BLOCK GRANT(CDBG)/COMMUNITY REDEVELOPMENT AGENCY(CRA)/
PROGRAM GUIDELINES: Motion to Approve an Interlocal Agreement with the
Community Redevelopment Agency nunc pro tunc October 1, 2014 until September
30, 2015 and Amendment No. 1 of the MicroEnterprise Loan Program guidelines for
the MicroEnterprise Loan Program.
BID AWARD/COMPLETE PROPERTY SERVICES OF SOUTH
G.
FLORIDA/LANDSCAPE MAINTENANCE BID NO. 2015-40: Motion to Approve a
bid award to Complete Property Services of South Florida, the third lowest bidder, in
the amount of $14,330.00 for a one-year term, with two additional one-year renewal
options, to provide landscape maintenance in the Atlantic Avenue Greenway Plan,
Vacant Lots. Funding is available from 119-4144-572-46.40 (Beautification Trust
Fund: Parks and Recreation/Beautification Maintenance). This recommendation is
in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1),
Competitive Bids.
PURCHASE AWARD/MANSFIELD OIL COMPANY: Motion to Approve
H.
utilization of Mansfield Oil Company via Florida State Contract No. 405-000-01-1, for
the purchase of fuel in an amount not to exceed $1,500,000.00 per year. Funding is
available from 501-3311-591-52-51 (Garage Fund: Operating Supplies/City Garage
(CG) Inventory-Fuel). This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(7)(a), Utilization of Other Governmental
Entities Contracts.
RESOLUTION NO. 31-15/BEST INTEREST RESOLUTION ELEV8 SPORTS
I.
INSTITUTE INC./FIELD MAINTENANCE OF POMPEY PARK:Motion to
Approve Resolution No. 31-15 approving the renewal of Contract #2013-16 with Elev8
Sports Institute Inc. for Pompey Park Baseball Field Maintenance; declaring by a
four-fifths affirmative vote that the Citys Sealed Competitive Method, or Written
Quotations Procurement Method for the purchase is not in the Best Interest of the
City. Funding is available from 001-4131-572-34.90 (General Fund: Parks and
Recreation/Parks Maintenance/Other Contractual Service). This recommendation is
in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(11), Best
Interest Acquisitions.
AGREEMENT FOR USE OF ROBERT P. MILLER PARK/SOUTH FLORIDA
J.
COLLEGIATE BASEBALL LEAGUE INC.: Motion to Approve an Agreement for
use of Robert P. Miller Park with the South Florida Collegiate Baseball League, a
501c(3) not-for-profit organization, in the amount of $1.00 per year, for a one-year (1)
term from June 1, 2015 through May 31, 2016; with the option to extend for one (1)
consecutive one (1) year period; and delegating authority to the City Manager to issue
such consent for extension.
RETROACTIVE AGREEMENT RENEWAL WITH XEROX GOVERNMENT
K.
SYSTEMS, LLC./FIREHOUSE SOFTWARE: Motion to Approve a retroactive six-
month renewal from April 1, 2015 through September 30, 2015, of the support
service agreement with Xerox Government Services, Inc. for Firehouse Software in
the amount of $14,522.50. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(6)(a), Sole Source. Funding is available
from 001-2315-526-46.90 (General Fund: Fire Operations/Ambulance & Rescue
Services/Other Repair/Maintenance Costs).
RESOLUTION NO. 30-15 MID YEAR BUDGET AMENDMENT: Motion to
L.
Approve Resolution No. 30-15, amending Resolution No. 48-14 adopted September 16,
2014, which made appropriations of sums of money for all necessary expenditures of
the City for the Fiscal Year 2014-2015 by setting forth the anticipated revenues and
expenditures for the operating funds for the Fiscal Year 2014-2015; repealing all
resolutions inconsistent herewith.
BID AWARD/ GRANICUS, INC. FOR VIDEO/AUDIO STREAMING: Motion to
M.
Approve a Bid Award (RFP 2015-27) for video/audio streaming, paperless agenda
and civic engagement software to Granicus, Inc., the second lowest bidder, for a one
year agreement with an option to renew for two (2) additional one-year periods in the
amount of $42,640.00 for the year and $33,840.00 for the renewal periods. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(A)(2), Requests for Proposals.
NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING
N.
AUTHORITY BOARD: Nomination for appointment of one (1) regular member to
serve on the Delray Beach Housing Authority Board to serve an unexpired term
ending July 14, 2016. Based on the rotation system, the nomination for appointment
will be made by Commissioner Katz (Seat #3).
RETENTION OF SPECIAL COUNSEL FOR ATLANTIC CROSSING PROJECT:
O.
Motion to approve the City Attorneys recommendation to retain Ms. Debbie
Orshefsky as special counsel in connection with the proposed Atlantic Crossing
project.
PUBLIC HEARINGS:
10.
RESOLUTION NO. 27-15: CONTRACT FOR SALE AND PURCHASE OF THE
A.
TH
PROPERTY LOCATED AT 510 S.W. 14 AVENUE: Motion to Approve
Resolution No. 27-15 authorizing the sale of the Neighborhood Stabilization Program
th
property located at 510 S.W. 14 Avenue to Patricia Green for the purchase price of
$115,000.00, or appraised value and provide subsidy up to $25,000.00 secured by
promissory note and second mortgage.
ORDINANCE NO. 07-15 (SECOND READING):Motion to Approve Ordinance No.
B.
07-15, an amendment to Chapter 51, "Garbage and Trash", of the Code of
Ordinances Section 51.70, "Regular Charges Levied", to provide for new Residential
Collection Service Rates for the remaining Fiscal Year 2015.
ORDINANCENO.09-15 (SECOND READING):Motion to Approve Ordinance No.
C.
09-15, an amendment to Land Development Regulations Section 4.6.9, Off-Street
Parking Regulations, Subsection 4.6.9 (E), Locations of Parking Spaces,
Paragraph 3, In Lieu Fee, to create two new areas.
FIRST READINGS:
11.
A. NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
12.
City Manager
A.
County Deed Transferring Lake Ida Property
1.
City Attorney
.
City Commission
.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Chevelle D. Nubin, City Clerk
THROUGH:Mr. Donald B. Cooper, City Manager
DATE:May 14, 2015
AGENDA ITEM 4.A. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
MOTION TO APPROVE MINUTES
BACKGROUND
City Commission is asked to approve the minutes of various City Commission Meetings as listed
below:
April 3, 2014 City Commission Special Meeting
October 21, 2014 City Commission Special Meeting
November 18, 2014 City Commission Regular Meeting
May 12, 2015 City Commission Workshop Meeting
RECOMMENDATION
By motion, approve the minutes of the minutes of April 3, 2014 City Commission Special Meeting,
October 21, 2014 City Commission Special Meeting, November 18, 2014 City Commission Regular
Meeting and May 12, 2015 City Commission Workshop Meeting.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Michael Coleman, Interim Director, Community Improvement
THROUGH:Donald B. Cooper, City Manager
DATE:April 29, 2015
AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
SPOTLIGHT ON EDUCATION - PINE GROVE ELEMENTARY
BACKGROUND
Principal, Joe Peccia, will be presenting the school's accomplishments.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Donald B. Cooper, City Manager
DATE:May 14, 2015
AGENDA ITEM 5.B. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
GIFT PRESENTATION FROM SISTER CITIES
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Donald B. Cooper, City Manager
DATE:May 14, 2015
AGENDA ITEM 5.C. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
DESIGN GUIDELINES UPDATE - ANTHEA GIANNIOTES, TREASURE COAST REGIONAL
PLANNING COUNCIL
City Commission 05-20-15 Regular Meeting Item 12.A.1
City Commission 05-20-15 Regular Meeting Item 12.A.1
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Planning and Zoning Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 30, 2015
AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
FINAL SUBDIVISION PLAT/BORDERLINE/ 2200 LAKE DRIVE
BACKGROUND
The item before the Commission is the approval of a Final Plat for a two lot single-family subdivision
platted as Borderline. The proposed subdivision plat is located at the northwest corner of NW 22Street
and Lake Drive.
The subject property is a replat of Lot A of Lake Shore Estates (PB 25, PG 26) and a portion of
Section 5, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The
property is zoned R-1-AA (Single Family) with a LD (Low Density Residential, 0-5 du/ac) Future Land
Use Map (FLUM) designation.
The proposal is to combine the aforenoted properties then subdivide into two (2) conforming single-
family lots. Lot 1 has a lot frontage of 112.62, a lot depth of 221.64 and contains 22,293 sq. ft. Lot 2
also has a lot frontage of 112.62, a lot depth of 221.64 and contains 22,341 sq. ft.
The plat retains an existing 10 x 220 east/west drainage easement dedicated by the Plat of Lake Shore
Estates (PB 25, PG 26). The drainage easement runs parallel to and 7 north of the south property line
of the proposed Lot 2. A new 10 x 225.24 General Utility Easement running north/south along Lake
Drive is being dedicated by this plat. In addition, a new 5 x 22.60 General Utility Easement is being
dedicated approximately 53 north of the southeast corner of the plat.
City staff has reviewed the plat and determined that all technical comments have been satisfied.
Pursuant to LDR Section 2.4.5(K)(1), Minor Subdivision (Boundary Plat, Lot Split): Rule, the platting
of a minor subdivision shall involve only the City Commission. The City Commission shall be the final
authority in this subdivision process. The City Commission may approve or deny the final plat.
Therefore, no additional Boards have reviewed the plat for recommendation.
Courtesy Notices have been provided to the following groups and neighborhood associations:
Delray Citizens Coalition
Lake Ida Homeowners Association
The Planning Department has not received any letters of opposition to the plat. Future letters of
objection or support, if any, will be provided at the City Commission meeting.
RECOMMENDATION
Move approval of the Final Plat for Borderline, by adopting the findings of fact and law contained in the
staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set
forth in LDR Section 2.4.5(K), Minor Subdivisions, LDR Section 3.2.3, Standards for Site Plan and/or
Plat Actions, and LDR Section 3.1.1, Required Findings for Land Use and Land Development
Applications.
LT-1
LT-2
NW 17th St
NE 17th St
N
BORDERLINE PLAT
Existing Subject Property
LOCATION MAP
PLANNING & ZONING
DEPARTMENT
Document Path: S:\\Planning & Zoning\\DBMS\\GIS\\Project Maps\\Borderline Plat.mxd
LT-1
NE
22nd St
LT-2
NW 17th St
NE 17th St
N
BORDERLINE PLAT
Proposed Subject Property
LOCATION MAP
PLANNING & ZONING
DEPARTMENT
Document Path: S:\\Planning & Zoning\\DBMS\\GIS\\Project Maps\\Proposed Borderline Plat.mxd
-- 05/06/2015 -- 12:40 PM -- Scale 1 : 240.0000Z:\\Data\\Drawings\\GENERAL CADD\\Gxd\\BORDERLINE SURVEY
0000HEET 1 -- 05/06/2015 -- 12:40 PM -- Scale 1 : 240.Z:\\Data\\Drawings\\GENERAL CADD\\Gxd\\BORDERLINE PLAT S
0000HEET 2 -- 05/06/2015 -- 12:41 PM -- Scale 1 : 240.Z:\\Data\\Drawings\\GENERAL CADD\\Gxd\\BORDERLINE PLAT S
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 23, 2015
AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
ACCEPTANCE OF WATER EASEMENT DEED / CLEMENT COTE & NANCY TESSIER /
LATITUDE DELRAY LOT 6
BACKGROUND
Consider acceptance of a Water Easement Deed between the City of Delray Beach and Clement Cote
and Nancy Tessier at Latitude Delray, Lot 6, Building #2, 222 S. Latitude Circle.
Latitude Delray is a Mixed-Use Development located at the northwest corner of South Federal Highway
and Lindell Boulevard. A Class V Site Plan was approved in 2004 and included construction of ten
buildings. Due to ownership changing in 2008, the project was subsequently phased.
Phase 1 was completed by Savion Holdings, LLC. and included construction of six Buildings (#1, #2,
#5, #6, #9, #10), related infrastructure, and site utilities/amenities. Phase 2 is currently under
construction by Latitude Oasis, LLC. and consist of the construction of two buildings (#3 & #4).
During Phase 1 construction, the backflow preventer for the fire line connection between Buildings #2
(Lot 6, Phase 1) and #3 (Lot 7, Phase 2) was not installed in a water easement. Since the City will be
maintaining up to the first check valve of the back flow preventer, a water easement is required.
DISCUSSION
Acceptance of a Water Easement Deed between the City of Delray Beach and Clement Cote and Nancy
Tessier at Latitude Delray, Lot 6, Building #2, 222 S. Latitude Circle.
TIMING OF THE REQUEST
High importance, developer anticipates Certificate of Occupancy for Building #3 and #4 by the end of
May 2015.
RECOMMENDATION
By motion, approve acceptance of the Water Easement Deed between the City of Delray Beach and
Clement Cote and Nancy Tessier at Latitude Delray, Lot 6, Building #2, 222 S. Latitude Circle.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 24, 2015
AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
ACCEPTANCE OF WATER EASEMENT DEED / LATITUDE OASIS, LLC / LATITUDE
DELRAY LOT 22
BACKGROUND
Consider acceptance of a Water Easement Deed between the City of Delray Beach and Latitude Oasis,
LLC. at Latitude Delray, Lot 22, Building #4, 227 N. Latitude Circle.
Latitude Delray is a Mixed-Use Development located at the northwest corner of South Federal Highway
and Lindell Boulevard. A Class V Site Plan was approved in 2004 and included construction of ten
buildings. Due to ownership changing in 2008, the project was subsequently phased.
Phase 1 was completed by Savion Holdings, LLC. and included construction of six Buildings (#1, #2,
#5, #6, #9, #10), related infrastructure, and site utilities/amenities. Phase 2 is currently under
construction by Latitude Oasis, LLC. and consist of the construction of two buildings (#3 & #4).
During Phase 1 construction, the bacflow preventer for the fire line connection between Buildings #4
(Lot 22, Phase 2) and #5 (Lot 23, Phase 1) was not installed in a water easement. Since the City will be
maintaining up to the first check valve of the back flow preventer, a water easement is required.
DISCUSSION
Acceptance of a Water Easement Deed between the City of Delray Beach and Latitude Oasis, LLC. at
Latitude Delray, Lot 22, Building #4, 227 N. Latitude Circle.
TIMING OF THE REQUEST
High importance, developer anticipates Certificate of Occupancy for Building #3 and #4 by the end of
May 2015.
RECOMMENDATION
By motion, approve acceptance of a Water Easement Deed between the City of Delray Beach and
Latitude Oasis, LLC. at Latitude Delray, Lot 22, Building #4, 227 N. Latitude Circle.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 24, 2015
AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
ACCEPTANCE OF WATER EASEMENT DEED / LATITUDE OASIS, LLC / LATITUDE
DELRAY LOT 7
BACKGROUND
Consider acceptance of a Water Easement Deed between the City of Delray Beach and Latitude Oasis,
LLC. at Latitude Delray, Lot 7, Building #3, 228 S. Latitude Circle.
Latitude Delray is a Mixed-Use Development located at the northwest corner of South Federal Highway
and Lindell Boulevard. A Class V Site Plan was approved in 2004 and included construction of ten
buildings. Due to ownership changing in 2008, the project was subsequently phased.
Phase 1 was completed by Savion Holdings, LLC. and included construction of six Buildings (#1, #2,
#5, #6, #9, #10), related infrastructure, and site utilities / amenities. Phase 2 is currently under
construction by Latitude Oasis, LLC. and consist of the construction of two buildings (#3 & #4).
During Phase 1 construction, the bacflow preventer for the fire line connection between Buildings #2
(Lot 6, Phase 1) and #3 (Lot 7, Phase 2) was not installed in a water easement. Since the City will be
maintaining up to the first check valve of the back flow preventer, a water easement is required.
DISCUSSION
Acceptance of a Water Easement Deed between the City of Delray Beach and Latitude Oasis, LLC. at
Latitude Delray, Lot 7, Building #3, 228 S. Latitude Circle.
TIMING OF THE REQUEST
High importance, developer anticipates Certificate of Occupancy for Building #3 and #4 by the end of
May 2015.
RECOMMENDATION
By motion, approve acceptance of a Water Easement Deed between the City of Delray Beach and
Latitude Oasis, LLC. at Latitude Delray, Lot 7, Building #3, 228 S. Latitude Circle.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 24, 2015
AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
ACCEPTANCE OF WATER EASEMENT DEED /GARRETT AND NANCY SCHULTZ/
LATITUDE DELRAY LOT 23
BACKGROUND
Consider acceptance of a Water Easement Deed between the City of Delray Beach and Garrett &
Nancy Schultz at Latitude Delray, Lot 23, Building #5, 221 N. Latitude Circle.
Latitude Delray is a Mixed-Use Development located at the northwest corner of South Federal Highway
and Lindell Boulevard. A Class V Site Plan was approved in 2004 and included construction of ten
buildings. Due to ownership changing in 2008, the project was subsequently phased.
Phase 1 was completed by Savion Holdings, LLC and included construction of six Buildings (#1, #2,
#5, #6, #9, #10), related infrastructure, and site utilities/amenities. Phase 2 is currently under
construction by Latitude Oasis, LLC and consist of the construction of two buildings (#3 & #4).
During Phase 1 construction, the backflow preventer for the fire line connection between Buildings #4
(Lot 22, Phase 2) and #5 (Lot 23, Phase 1) was not installed in a water easement. Since the City will be
maintaining up to the first check valve of the back flow preventer, a water easement is required.
DISCUSSION
Acceptance of a Water Easement Deed between the City of Delray Beach and Garrett & Nancy Schultz
at Latitude Delray, Lot 23, Building #5, 221 N. Latitude Circle.
TIMING OF THE REQUEST
High importance, developer anticipates Certificate of Occupancy for Building #3 and #4 by the end of
May 2015.
RECOMMENDATION
By motion, approve acceptance of Water Easement Deed between the City of Delray Beach and Garrett
& Nancy Schultz at Latitude Delray, Lot 23, Building #5, 221 N. Latitude Circle.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 28, 2015
AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
AMENDMENT #1 TO SERVICE AUTHORIZATION (#12-03.1)/ WANTMAN GROUP INC./
FORCEMAIN 58A REPLACEMENT PROJECT
BACKGROUND
Request consideration for approval of Service Authorization #12-03.1 (Amendment #1) to Wantman
Group, Inc. in the amount of $27,492.56 for providing professional engineering design services
related to the Replacement of Force Mains at Systems 58A and 87 project (P/N 2014-039). Specific
services under this authorization include upgrading a lift station electrical control panel and for
providing construction administration services during project construction.
The City utilized engineering consultants retained via RFQ #2012-06 (City Project #12-057) for our
Capital Improvement Program. The original agreement with Wantman Group, Inc. was executed on
January 24, 2012. Amendment No. 2 was executed in January 2015 extending the agreement through
January 2016.
On January 7, 2014, City Commission awarded Service Authorization #12-03 to Wantman Group, Inc.
in the amount of $79,725.00 for engineering services to replace piping and pumps at the lift stations.
Services included final design, surveying, geotechnical services, permitting, and bidding services
required in preparing a bid package for the project.
Under current consideration, additional design services to upgrade an existing electrical control panel at
Lift Station #58A to enhance the reliability of the lift stations operation, as well as providing
construction administration services for the installation of approximately 3,450 linear feet of 4 and 6
force main piping, new pumps and control panel.
This recommendation is in compliance with Code of Ordinances Chapter 36, Section 36.06(A)
(1), "Change Orders Beyond Scope of Work".
Attachments include:
- Service Authorization #12-03.1 (Amendment #1)
- Location Maps
DISCUSSION
Consider approval of Service Authorization #12-03.1 (Amendment #1) with Wantman Group, Inc. in
the amount of $27,492.56 for professional engineering services (via RFQ #2012-06) related to the
Replacement of Force Mains at Systems 58A and 87 project (P/N 2014-039), providing design of a lift
station electrical control panel and construction administration services during project construction.
TIMING OF THE REQUEST
This item is critical in keeping the overall project on schedule.
FUNDING SOURCE
Funding is available from 442-5178-536.63.88 (Water and Sewer, R & R/ Force Main Replacement).
RECOMMENDATION
Through a motion, approve Service Authorization #12-03.1 (Amendment #1) with Wantman Group,
Inc. in the amount of $27,492.56 for professional engineering services (via RFQ #2012-06) related to
the Replacement of Force Mains at Systems 58A and 87 project (P/N 2014-039), providing design of a
lift station electrical control panel and construction administration services during project construction.
CONSULTING SERVICE AUTHORIZATION
DATE: __________________________
SERVICE AUTHORIZATION NO. 12-03.1 FOR ENGINEERING CONSULTING SERVICES
CITY P.O. NO. ___________ CITY EXPENSE CODE ___________________
CITY PROJECT NO._14-039__ CONSULTANT PROJECT NO.______________
TITLE: System 58A & 87 Force Main Replacement Project
This Service Authorization, when executed, shall be incorporated in
and shall become an integral part of, the “Agreement For General
Consulting Services contract executed January 24, 2012, asAmended
November 5, 2013.”
Title: Agreement for General Consulting Engineering Services
I.PROJECT DESCRIPTION
A.Construct a forcemain from LS 58A to an existing 8”
forcemain along Germantown road near Via Verona Road.
Connect existing 4” forcemain from LS 59C (Rabbit Hollow
Drive) and the 4” forcemain from LS 55 to the proposed
forcemain (along Germantown Road). Abandon existing 4”
forcemain from LS 58A to LS 58 and existing 4” forcemain
from Rabbit Hollow Drive to valve on existing 8” forcemain
along Germantown Road.
B.Replace approximately 1,400 linear feet of deteriorating
forcemain (City of Delray Beach wastewater collection
system #87) along Military Trail discharging out of Lift
Station #87 (located at the LWDD L-33 Canal north to the
US Post Office.
II.SCOPE OF SERVICES
Phase I– Study and Report Phase
Not Applicable.
Phase II – Preliminary Design Phase
Not Applicable.
Phase III – Final Design Phase
WGI shall provide final design services in accordance with, Article
III (Duties of Consultant) Section C, Phase III-(Construction
Phase), Items 1-7 of the Agreement for Engineering Services with
the City, dated January 24, 2012.
A.Design of Lift Station No. 58A electrical control panel to
include; initial site visit, review of the City’s latest
lift station electrical details, revise the details sheets
in accordance with the requirements of the project. The
design will include the lift station control panel for the
existing lift station to control and monitor the proposed
duplex 25 HP pump station, request and coordinate
electrical service upgrade as necessary from FP&L, attend
coordination and 90% plan review meetings with City
representatives.
B.Prepare contract documents, suitable for bidding, permit
and construction.
C.Furnish AutoCAD drawings and City standard detail
drawings.
Phase IV – Bidding/Negotiation Phase
Not Applicable
Phase V – Construction Administration
WGI shall provide construction administration services in
accordance with, Article III (Duties of Consultant) Section E,
Phase V-(Construction Phase), Items 1-18 of the Agreement for
Engineering Services with the City, dated January 24, 2012.
This Service Authorization includes those services as described
above for the construction of approximately 3,442 linear feet of 4”
and 6” force mains, upgrading of the 3 lift station pumps and
upgrading of a lift station control panel (system 58A).
Other – Permitting
Not Applicable
III.COMPENSATION
The compensation for services provided shall be billed on an
hourly basis, plus reimbursable expenses for each phase of work,
in accordance with Article VII, Method II, up to the following
not-to-exceed cost for each phase.
Engineering Services Estimated Fees
Phase I – Study and Report Phase (Not Applicable) ---
Phase II – Preliminary Design Phase (Not Applicable) ---
hase III – Final Design Phase (Electrical Panel) $ 4,462.16
Phase IV – Bidding/Negotiating Phase (Not Applicable) ---
Phase V - Construction Administration Phase $22,630.40
Other Services (Not Applicable) ---
Reimbursables – $ 400.00
Total Compensation - $27,492.56
IV.COMPLETION DATE
To be completed by: See attached Project Schedule.
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous
service authorization. If the City in its sole discretion is
unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without
incurring any further liability. WGI shall commence work on any
service authorization approved by the City to be included as part
of the contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: WGI: Wantman Group, Inc.
Date ____________________ Date _______________________
_________________________ by: _______________________
Cary D. Glickstein
Mayor (Seal)
____________________________
Witness
____________________________
Witness
Attest: __________________ BEFORE ME, the foregoing instrument,
this ______day of ______________,
2015, was acknowledged by ____________
Approved as to Legal on behalf of the Corporation
Sufficiency and Form _______________________and said person
executed the same free and voluntarily
for the purpose there-in expressed.
Witness my hand and seal in the County
and State a foresaid this ______ day
of ____________, 2015.
Notary Public
State of Florida
My Commission Expires__________
Fee Estimate
4,462.16
2345.202255.728122,915.1222600.922345.20441,116.1624770.9612729,734.88Attend Progress Review and Pay application Review Meetings122,071.2021041,894.88Conduct Start-up of the System
and Testing (2 Systems)882,403.68Conduct a Semi-Final Field Review and Final Field Review481,541.922641,383.44481,713.2822,630.4027,092.56400.00$ 27,492.56
This information was completed based on the 01/24/2012 contract with Delray Beach Contract and WG
I
$ $ $ $ $ $
$
$ $ $ $ $ $ $ $ $
TOTAL
$ $ $
$ -
$
$ 542.16$ 542.16$ 542.16
$ 67.77
$
$ $
Adminisrtrative
$ -
$ 106.44$ 8,515.20$ 8,515.20$ 8,515.20
Engineer,PE
$ 127.86$ 2,045.76$ 4,091.52$ 6,137.28$ 6,137.28
Engineer
Senior Project
$ 2,416.40$ 8,630.00$ 11,046.40$ 11,046.40
$ 172.60
Manager
Senior Project
$ -$ -$ -
204.81
$ -
Engineer
Principal
Fee Estimate Construction Administration.xlsmPage 1 of 1
--
TOTAL-
-
City of Delray Beach - Lift Station 58A a& 87 Upgrades
SUBTOTAL FOR PHASE I & II
Prepare Final Certifications to the City and regulatory agencie
s
Final Design - Lift Station Electrical Control Panel Desig
n
Prepared by: Brian J. LaMotte, PE/Jimmy Richie, PE
SUBTOTAL PHASE I SUBTOTAL PHASE II
Data and Standard Detail Review Review
Meetings with City to discuss Final Desig
Prepare Final Close-Out Diocumentation
n
Conduct Pre-Construction Meeting
Compile Field Documentation
Prepare Contract Documents
BConstruction Administratio
n
Date: February 18, 2015
Electrical Panel Design
PHASETASKTASK DESCRIPTION
Testing Coordination
Field Observations
Reimbursables
Initial Site Visit
12345123456789
A
PHASE III
Phase
V
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:March 25, 2015
AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
SERVICE AUTHORIZATION NO. 12-06/CALVIN GIORDANO AND ASSOCIATES,
INC./COMMUNITY REDEVELOPMENT AGENCY(CRA) SIDEWALKS FISCAL YEAR (FY)
2015
BACKGROUND
Request consideration for approval of Service Authorization No. 12-06 to Calvin, Giordano and
Associates, Inc. in the amount of $19,830.24 for professional design services related to the CRA
Sidewalks FY15, Project No. 15-002.
The City has built a significant amount of sidewalks over the past several years and wishes to construct
the following sidewalks funded by CRA:
SE 4th Street from Swinton Avenue to SE 5th Avenue
SW 17th Avenue from SW 10th Street to SW 6th Street
The goal of this project is to provide sidewalks in high pedestrian locations and is within the scope of
services of the original RFQ for all engineering consultants.
The City utilized engineering consultants retained via RFQ No. 2012-06 for our Capital Improvement
Program as well as for other smaller projects that arise during the course of the fiscal year. Calvin,
Giordano and Associates, Inc. is retained by the City via RFQ No. 2012-06 (City Project No.12-057).
The original agreement, with Calvin, Giordano and Associates, Inc. was executed on January 24, 2012.
Amendment No. 2 was executed in January 2015 extending the agreement through January 2016. To
date, the City has paid Calvin, Giordano and Associates, Inc. $129,558.24.
The recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(3).
The following attachments are included:
Service Authorization
Project Location Maps
DISCUSSION
Consider approval of a Service Authorization No. 12-06 with Calvin, Giordano and Associates Inc. in
the amount of $19,830.24 for professional design services (RFQ #2012-06) related to the CRA
Sidewalks FY15, Project No. 2015-002. This Service Authorization includes design and bidding
services.
TIMING OF THE REQUEST
This project is funded in the current CIP.
FUNDING SOURCE
The CRA is funding the project and is available from account 334-3162-541-63.11 (General Capital
Improvement Plan Fund/ CRA District Sidewalks FY 15).
RECOMMENDATION
By motion, approve Service Authorization #12-06 to Calvin, Giordano and Associates, Inc. in the
amount of $19,830.24 for professional design services related to the CRA Sidewalks FY15, Project No.
2015-002.
CONSULTING SERVICE AUTHORIZATION
DATE:_April 13, 2015___
CONSULTANT: _Calvin, Giordano & Associates, Inc.____________________________________
SERVICE AUTHORIZATION NO.____12-06________________FOR CONSULTING SERVICES
CITY P.O. NO.________________________EXPENSE CODE ________________________________
CITY PROJECT NO.__15-002_____________CONSULTANT PROJECT NO. __15-7627__________
thth
TITLE:_CRA District Sidewalks FY15 –SE4Street from Swinton Avenueto SE 5Avenue and SW
ththth
17Avenue from SW 10Street to SW 6Street
_____________
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the “Agreement for General Consulting Engineering Services” Contract,dated February
22, 2015.
I.PROJECT DESCRIPTION
th
The project is located in Delray Beach, Florida along Southeast4Street from Swinton Avenueto
Southeast5th Avenue and Southwest17th Avenue from Southwest10th Street to Southwest6th Street, as
shown on the attached Exhibits 1 and 2.The Scope of Services will be to prepare full construction
documents, beginning with 30%design to the final design documents, statement of probable costand
th
project specifications. The project includes new sidewalks on both sides of SE 4Street and the west side
th
of SW 17Avenue. Anyexisting sidewalks located within those limits will remain and the new
sidewalks will be tied to them horizontally and vertically.The proposed sidewalk shall be concrete in
accordance with City of Delray Beach Standards. There will be a proposed break in the sidewalks along
th
SE 4Street at the FEC Railroad Right of Way. It is anticipated that roadwaydrainage shall be
accomplishedby regarding the swales in accordance with City of Delray Beach Standards.Existing
driveway aprons will also be replaced along the sidewalks. Owing to the project budget, the south side
th
sidewalks on SE 4Street shall be bid as Alternate Bid Items. The City of Delray Beach is the property
owner.
II.SCOPE OF SERVICES
Phase I –Study and Report Phase
Study and Report Phase Services are not included in this Service Authorization
Phase II –Preliminary Design Phase
Preliminary Design Services were completed previously and are not included in this Service
Authorization
Phase III –Final Design Phase
Page 1 of 8
Consultant shall provide finaldesign phase services in accordance with Article III C of the
Agreement for Engineering Services with the City, dated February 22, 2015.
1.Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-
through will be included. In addition, potential underground and aboveground existing
utilities will be identified.
2.Coordination with utility agencies shall be performed to collect record information.
Consultant shall contact Sunshine State One Call to get the contact info for the utility
companies and send two sets of Utility Contact Plans after the Topographic Survey has been
secured. This subtask includes reconciling apparent discrepancies between record information
and existing photographic and field-verification information.Existing trees/palmsshall be
shown on the survey and a tree disposition plan developed for purposes of permitting the
removalor relocationof those trees/palmswhich are in conflict with the proposed conditions.
Existing utility information was provided on the plans provided by the City, but this
information will need to be verified by the Consultant.
3.Preparationof plansshall include: Cover sheet, General Notes, Civil Engineering plan
drawings, details and notes,and miscellaneous City detail sheets. A table of contents for the
specifications will be provided (specifications will not be prepared at this stage).
4.Consultant shall prepare base drawings of the project area using existing drawings that the
City has provided to Consultant. The drawings will be in AutoCAD 2013format.
5.Consultant shall provide internal QA/QC reviews on the 30%, and 100% plans.
6.Consultant shall attend one (1) kick-off meeting and one (1) design meeting with the City
prior to submittal of the 30% plans. A written summary of the issues discussed will be
prepared by the Consultant and provided to the City.
7.Plans shall be consistent with the current City of Delray Beach Minimum Construction
Standards. Plans shall be prepared at 1” = 20’ or larger. 30% and 100% stages of the project.
A review meeting will be held with the City to review comments from each of the
aforementioned stagesand provide a written summary of the issues discussed.
8.Consultant shall prepare at the 30%and 100% submittal stages adetailed opinion of probable
construction cost based upon thedesignlevel of the drawings and specifications approved by
the City. The cost opinion shall reflect changes in general scope, extent or character of the
design requirements incorporated during the various design review stages.
9.After approval of the 30% Construction Documents is obtained, Consultant shall prepare final
construction drawings for the project which shall include:
Cover Sheet
Sidewalk Plans
Details
Page 2 of 8
10.Contract documents consisting of “front end” documents and technical specifications shall
conform to City of Delray Beach Standards and FDOT Standard Specifications for road and
bridge work.
11.Consultant shall provide internal QA/QC reviews on the 30%and100% Design Documents
(drawings, specifications, and cost estimates, as appropriate).
12.Two (2) plan sets, four (4) copies of specifications, and two (2) copies of the opinion of
probable construction costswill be submitted to the City at the 100% stageof the project. A
review meeting will be held with the City to review comments.
13.Contract documents consisting of “front end” documents and technical specifications shall
conform to City of Delray Beach Standards. (four copies) shall be submitted for City review
at 90% and 100% stages.
14.Consultant shall,upon acceptance of the 100% plans,provide final design drawings, one (1)
mylarset and one (1) set of AutoCAD (version 2009 or lower) files in electronic format
(*.DWG and *.PDF) on CD. Specifications and Front-end documents shall be provided in
electronic (*.PDF and *.DOC) format.
Phase IV –Bidding/Negotiating Phase
Consultant shall provide Bidding/Negotiatingphase services in accordance with Article III D of
the Agreement for Engineering Services with the City, dated February 22, 2015.
1.Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for
construction (including materials, equipment and labor). It is anticipated that work shall be
awarded under a single construction contract. Consultant shall provide five(5) sets of
bidding documents to the City to issue bid package. The City shall receive and process
deposits for bidding documents and shall maintain a record of prospective bidders to whom
bidding documents have been issued.
2.Consultant shall conduct a mandatory pre-bid conference and provide a written summary of
issues discussed.
3.Consultant shall issue addenda and shall provide supplemental information or clarifications,
as appropriate, to interpret, clarify, or expand the bidding documents to all prospective
bidders during the bid period.
4.Consultant shall attend the bid opening, prepare bid tabulation sheets and assist city in
evaluating bids and proposals, and in assembling and awarding contract for construction.
Consultant shall submit to City a written recommendation concerning contract award.
5.Consultant shall furnish all bid information to the City in electronic format to be used in
conjunction with “Demand Star”.
Page 3 of 8
Phase V –Construction Administration
Construction Phase Services are not included in this Service Authorization and shall be
negotiated under an Amendment to this Authorization if requested by the City.
Other –Permitting
1.There currently is no South Florida Water Management District (SFWMD) Environmental
Resource Permit for the subject property. The sidewalk improvements will not require a
SFWMD Permit by exemption, therefore Permitting Phase Services are not included in this
Service Authorization and shall be negotiated under an Amendment to this Authorization if
requested by the City.
Other –Surveying
Survey is being provided by the City for this project therefore Surveying Phase Services are not
included in thisService Authorization and shall be negotiated under an Amendment to this
Authorization if requested by the City.
Other –Geotechnica
l
N/A
Other –Field Verification
N/A
III.TIME OF PERFORMANCE
The completion dates for the work will be as follows (starting at written notice-to-proceed). Refer
to Attachment A –Project Schedule.
Phase of Services Time per Phase Cumulative Time
Phase III –FinalDesign 12Weeks 12Weeks
Phase IV –Bidding / Award16 Weeks 28Weeks
Notes:
1.
2.Schedule is based on review meeting with City occurring within2weeksof receipt of
each submittal. The schedule will have to be adjusted if the review times are longer.
IV.COMPENSATION
Engineering ServicesNot to ExceedFees
Phase I –Study and Report PhaseN/A
Phase II –Preliminary Design PhaseN/A
Phase III –Final Design Phase$17,483.60
Phase IV –Bidding/Negotiating Phase$2,096.64
Phase V –Construction AdministrationN/A
Other –PermittingN/A
Page 4 of 8
Other –SurveyingN/A
Other –GeotechnicalN/A
Other –Field VerificationN/A
Out-of-Pocket Expenses$250.00
Total Project Cost$19,830.24
Notes:
Out-of-Pocket Expenses include the following: printing/mileage/postage.
Page 5 of 8
This service authorization is approved contingent upon the City’s acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole discretionis unsatisfied with the services
provided in the previous phase or service authorization, the City may terminate the contract
without incurring any further liability. The CONSULTANT shallcommence work on any
service authorization approved by the City tobe included as part of the contract without any
further notice to proceed.
Approved by:
CITY OF DELRAY BEACH:CONSULTANT:
Date _____________________Date ___________________
_________________________By: ____________________
Cary D. Glickstein, Mayor(Seal)
________________________
Witness (Signature)
________________________
Witness (Printed)
Attest: ______________________
Approved as to Legal Sufficiency
____________________________
City Attorney
BEFORE ME, the foregoing instrument, this _____ day of _______________, 201__, was
acknowledged by _________________________ on behalf of the Corporation
__________________________________________, and said person executed the same free and
voluntarily for the purpose there-in expressed.
Witness my hand and seal in the County and State aforesaid this _______ day of
_____________________, 201 ____.
_________________________________________
Notary Public
State of FloridaMy Commission Expires:
Page 6 of 8
EXHIBIT 1
Page 7 of 8
EXHIBIT 2
Page 8 of 8
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 27, 2015
AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
HOLD HARMLESS AGREEMENT/DELRAY PRESERVE/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) RIGHT-OF-WAY
BACKGROUND
Consider acceptance of a Hold Harmless Agreement for work in the FDOT right-of-way.
The Delray Preserve project consists of the construction of a multi-family residential community in the
City of Delray Beach, in Palm Beach County, Florida. This project is located within Section 4 of
Township 46S, and Range 43E and consists of the construction of 188 units in a proposed multi-family
community entitled Delray Preserve. The total project area is 8.57 acres and comprises of 7 buildings,
surface parking, sidewalks, and sodded areas.
This project also includes the construction of a proposed storm water management system, utility
infrastructure, pavement markings and signage. The utility infrastructure will require work to be
performed within the States right-of-way, including connections to existing water and sanitary sewer
mains and any pavement restoration associated with this work. In order to apply for a State of Florida
utility permit, the City is required to sign the application on behalf of the Developer to allow the
installation/construction to take place in the State right-of-way.
The proposed Hold Harmless Agreement shall provide that the Developer shall hold harmless and
defend the City and the State for the work performed in the aforementioned right-of-way. After the
execution of this agreement is finalized, the City will sign the permit application for the work within the
right-of-way.
Attachments include:
1) Location Map
2) Hold Harmless Agreement
3) FDOT Utility Permit
DISCUSSION
Consider acceptance of a Hold Harmless Agreement for work in the FDOT right-of-way.
TIMING OF THE REQUEST
Timing of this item is of high importance to allow the developer to move forward with the work on the
project.
FUNDING SOURCE
N/A
RECOMMENDATION
By motion, accept a Hold Harmless Agreement for work in the FDOT right-of-way.
miles1
km1
MEMORANDUM
TO:Mayor and City Commissioners
FROM:
DATE:May 13, 2015
AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
PROCLAMATIONS
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Planning and Zoning Department
THROUGH:Donald B. Cooper, City Manager
DATE:May 14, 2015
AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
MEMORANDUM
TO:Mayor and City Commissioners
FROM:
DATE:May 13, 2015
AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
AWARD OF BIDS AND CONTRACTS
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Division
THROUGH:Donald B. Cooper, City Manager
DATE:April 20, 2015
AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
SIDEWALK IN-LIEU FEE/962 BOLENDER DRIVE
BACKGROUND
The subject property, 962 Bolender Drive, is located south on Bolender Drive in the Tropic Isles
Subdivision. In February of 2015, the applicant John Bastas (owner) submitted building permit #15-
155523 to construct a single family residence. On April 10, 2015, the applicant submitted a request for a
sidewalk deferral with a preference to participate in the Sidewalk In-Lieu Fee option. The length of the
sidewalk is 105' at a cost of $4,200.00 (105' x 5' x $8.00/SF).
On April 16, 2015, the Developmental Services Management Group (DSMG) supported the sidewalk
In-Lieu Fee option based on the following criteria:
1) In the Tropic Isles Subdivision, there are no sidewalks east of Spanish Trail nor does the association
desire sidewalks in the neighborhood.
2) According to LDR Section 6.1.3 (D) (3) Payment of In-Lieu Installation: In situations where it is
inappropriate to install a sidewalk concurrent with development, the sidewalk installation requirement
may be met by the payment of funds sufficient to install the sidewalk. Such funds shall be escrowed and
used, at a later date, for the installation of said sidewalk.
3) On September 9, 2014, the City commission held a workshop to discuss alternatives to sidewalk
deferrals. Upon consideration from City Commission, in-lieu payments were deemed the preferred
alternative to sidewalk deferrals.
Attachments include:
1) Exhibit A - Location Map
2) John Bastas In-Lieu Letter
3) Sidewalk Deferral Status Map
DISCUSSION
Consider approval of the sidewalk in-lieu payment in the amount of $4,200.00 and relief of sidewalk
installation by owner of 962 Bolender Dr.
TIMING OF THE REQUEST
The timing of this request is of high importance because this is one of the items holding up the permit
issuance.
RECOMMENDATION
By motion, approve a Sidewalk In-Lieu payment in the amount of $4,200.00 and relief of sidewalk
installation by the owner of 962 Bolender Dr.
N
962 Bolender Dr.
962 Bolender Dr.
Location Map
Document Path: S:\\EngCADD\\GIS\\Projects\\Krasnoff\\Aerial_of_City.mxd
April 20, 2015
Development Services Management Group (DSMG)
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Application/Permit Number: 1500155523 Site
Address: 962 Bolender Drive, Delray Beach, Florida 33483
Dear DSMG Members:
This is a request for your consideration to waiver the required additional rightof-way dedication as
required by LDR Section 5.3.1. The above referenced project consists of demolition of existing house,
which has already been completed, and rebuilding a new house on a residential lot with an area of 9642
square feet. The property is located at the end of residential street with a dead-end (cul-de-sac
ending). The existing street right-of-way width is 50 ft. and the cul-de-sac is 50 ft. radius. We received
the following comments from City plan review:
1.Please provide right of way dedication as described in LDR Section 5.3.1.
2.Provide recorded copy of right of way dedication.
3.Provide 5' sidewalk requirement (labeled as proposed 5'concrete sidewalk) as described in LDR 6.1.3
and 6.1.3(b.l.e.3).
The require addition 5 ft. dedication will cause hardship to the property and will not serve any benefit to
the City of Delray Beach. The requested 5 ft. dedication will total 520 square feet, which is 5.5% of the
total lot area. It will require the house to be placed 5 ft. further toward the canal. As a result the designed
house will not fit on the property. The front yard landscape will have will be set back by 5 ft. and will
change the character of the existing neighborhood.
There will be no benefit to the City to 5 ft. additional right-of-way since the entire area is fully developed
and most of the 29 houses on Bolender Street are fairly new construction. A wider street right-of-way a
dead-end street with only 29 homes will service no purpose.
We will revise the plans to include a 5ft wide by 105ft long proposed sidewalk. However, we prefer
not to install the sidewalk and agree to pay a $4,200.00 fee (105x 5 x$8.00/sf) to the City in lieu of
installing the sidewalk. There are no sidewalks anywhere in the entire Tropical Isles area. A small
segment of sidewalk with no continuity will serve no purpose.
Additionally, not approving this requested waiver will cause additional hardship and financial loss to us
due to the amount of money already spent on the demolition of the original house, all the money we have
spent on the completed plans and engineering that has all already been submitted to the Delray building
department several months ago, and all the costs of the taxes, maintenance, loan payments, and fees that
continue every month as this project sits waiting for permit approvals.
Your consideration for the above requested waiver is greatly appreciated.
Sincerely,
John Bastas,
Property Owner
Robin Bastas
Property Owner
SIDEWALK STATUS MAP
ВЏЋ
.ƚƌĻƓķĻƩ 5Ʃ
LEGEND
PROPOSED SIDEWALK
EXISTING SIDEWALK
DEFERRED SIDEWALK
IN-LIEU OF FEE
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Division
THROUGH:Donald B. Cooper, City Manager
DATE:April 24, 2015
AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
SIDEWALK IN-LIEU FEE/ 3021 JASMINE CT.
BACKGROUND
The subject property, 3021 Jasmine Court, is located on Jasmine Court in the Tropic Isles Subdivision.
In February 2015, the applicant (Gold Coast Homes, Jeff Butcher, President) submitted building permit
#15-155537 to construct a single family residence. In March 2015, applicant submitted a request for a
sidewalk deferral with a preference to participate in the sidewalk in-lieu fee option. The length of the
sidewalk is 95. Therefore, the in-lieu amount is $3,800.00 (95'x 5' x $8.00/SF).
On April 2, 2015, the Developmental Services Management Group (DSMG) supported the sidewalk in-
lieu fee option. The recommendation to not install the sidewalk was based on the following criteria:
1) There are no sidewalks in the Tropic Isles Subdivision
2) According to LDR Section 6.1.3 (D) (3) Payment of In-Lieu Installation: in situations where it is
inappropriate to install a sidewalk concurrent with development, the sidewalk installation requirement
may be met by the payment of funds sufficient to install the sidewalk. Such funds shall be escrowed and
used, at a later date, for the installation of said sidewalk.
3) On September 9, 2014, the City commission held a workshop to discuss alternatives to sidewalk
deferrals. Upon consideration from the City Commission, in-lieu payments were deemed the preferred
alternative to sidewalk deferrals.
Exhibits provided:
A) Location Map
B) Sidewalk Status Map
C) Jeff Butcher Email
DISCUSSION
Consider approval of the sidewalk in-lieu payment in the amount of $3,800.00 and relief of sidewalk
installation by owner of 3021 Jasmine Ct.
TIMING OF THE REQUEST
The timing of this request is of high importance because this is one of the items holding up permit
issuance.
RECOMMENDATION
By motion, approve sidewalk In-Lieu payment in the amount of $3,800.00 and relief of sidewalk
installation by owner 3021 Jasmine Ct.
N
3021 Jasmine Ct.
eL
Av
3021 Jasmine Ct.
Location Map
Document Path: S:\\EngCADD\\GIS\\Projects\\Krasnoff\\Aerial_of_City.mxd
Lugo, Ralph
From:
Sent:
To:
Cc:
Subject:
1
SIDEWALK STATUS MAP
ЌЉЋЊ
WğƭƒźƓĻ
/Ʒ͵
LEGEND
PROPOSED SIDEWALK
EXISTING SIDEWALK
DEFERRED SIDEWALK
IN-LIEU OF FEE
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Planning and Zoning Department
THROUGH:Donald B. Cooper, City Manager
DATE:May 4, 2015
AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
FINAL SUBDIVISION PLAT/ CANNERY ROW
BACKGROUND
Cannery Row-Replat Of Lots 11-
The item before the Board is that of approval of a Final Plat named
13
for a portion of an approved 82 unit townhouse development named Cannery Row. The replat is in
conjunction with replacing the unbuilt community facility building that was to be located at the
northwest corner of NE 3 Street and NE 2 Avenue (aka Pineapple Grove Way) with a pocket park. The
Cannery Row townhouse development is located between NE 3 Street and NE 4 Street and between NE
1 Avenue and Pineapple Grove Way.
The property contained the former Publix shopping center and U.S. Postal Service building, which were
subsequently demolished. At its meeting of December 13, 2006, the Site Plan Review and Appearance
Board approved a Class V site plan for the subject property. The development consists of 82
townhouses, a three-story structure to be utilized as a community facility, a 1,490 square foot
th
neighborhood park at the corner of Pineapple Grove Way and NE 4 Street, and recreational facilities.
The purpose of the community facility was to provide art incubator space for artist to work and/or
display art and conduct their business.
At its meeting of September 4, 2014, the City Commission approved a modification to the Development
Agreement to allow the replacement of the community facility with a pocket park. The reasoning
behind this change was, (i) there no longer appears to be a high level of interest in acquiring the
community facility unit for city/community purposes,(ii) the CRA has amended its budget to eliminate
financial support to acquire the condominium unit, (iii) the established and successful popularity of
Artists Alley as a destination for local artists, thus reducing the need for the condominium unit, and (iv)
the ability to obtain an additional pocket park within the development at no expense.
At its meeting of January 28, 2015, The Site Plan Review and Appearance Board approved a Class II
site plan modification to replace the unbuilt community facility building with a pocket park.
DISCUSSION
The proposed modification to convert the proposed unbuilt community facility building to a passive
pocket park involves the reconfiguration of Lots 11 and 13 while eliminating Lot 12 and replacing it
with a dedicated park parcel shown as Tract O. A five (5) foot wide Florida Power and Light Easement
(ORB 22136, PG 1955) has been carried forward and has been shown along the south side of Lot 13
and along the east side of Lot 11 and Tract O. A new ten (10) foot wide General Utility Easement is
being dedicated along the northern boundary of Tract O to accommodate other utility service providers.
Plat Analysis:
City staff has reviewed the plat and determined that all technical comments have been satisfied.
LDR Section 3.1.1
Pursuant to , prior to approval of development applications, certain findings must be
made in a form which is part of the official record. This may be achieved through information in the
application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the
development application. As shown in the attached Site Plan Review and Appearance Board report,
positive findings can be made with respect to Future Land Use Map Consistency, Concurrency,
Consistency with the Comprehensive Plan and compliance with the Land Development Regulations.
Courtesy Notices:
Courtesy Notices have been provided to the following groups and neighborhood associations:
* Chamber of Commerce
* Delray Citizens Coalition
* Del Ida Park HOA
The Planning Department has not received any letters of opposition to the plat. Future letters of
objection or support, if any, will be provided at the City Commission meeting.
RECOMMENDATION
Cannery Row-Replat Of Lots 11-13
Move approval of the Final Plat for , by adopting the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3
(Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and
Land Development Applications) of the Land Development Regulations.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:May 1, 2015
AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
AMENDMENT NO. 2/ R.J. BEHAR AND COMPANY, INC./ FEDERAL HIGHWAY
BEAUTIFICATION PROJECT NO. 2009-009
BACKGROUND
Request consideration for approval of Amendment #2 in the amount $151,358.00 to the Agreement with
R.J. Behar & Company, Inc. for Construction Engineering and Inspection Services (CEI) for the Federal
Highway Beautification Project #2009-009. The original agreement was in the amount of
$1,203,419.25, Amendment #1 was $16,050.00.
On January 3, 2013, City Commission approved the agreement with R.J. Behar & Company, Inc. for
Construction Engineering and Inspection Services (CEI) for the Federal Highway Beautification
Project. On June 4, 2013, City Commission approved Amendment #1 to the agreement for verification
testing during construction.
Cumulative approved construction change orders to date with Sealand Contractors Corporation total a
net forty-eight (48) days of contract time extensions. It is estimated that an additional thirty-two (32)
days are anticipated, thus additional CEI services are required for the additional total of eighty (80)
days.
Therefore,the item for consideration is Amendment #2 to the agreement between the City and the
Construction Engineering and Inspection firm of R.J. Behar and Company, Inc. It is for professional
Construction, Engineering and Inspection (CEI) services for the additional total of eighty (80)
construction days.
DISCUSSION
Consider approval of Amendment #2 in the amount $151,358.00 to the Agreement with R.J. Behar &
Company, Inc. for Construction Engineering and Inspection Services (CEI) for the Federal Highway
Beautification Project #2009-009.
TIMING OF THE REQUEST
This item is highly time sensitive.
FUNDING SOURCE
Funding is available from account #334-3162-541.68-52 (General Capital Improvement Plan Fund).
RECOMMENDATION
By motion, approve Amendment #2 in the amount $151,358.00 to the Agreement with R.J. Behar &
Company, Inc. for Construction Engineering and Inspection Services (CEI) for the Federal Highway
Beautification Project #2009-009.
Geo Bush Blvd
Location Map
9/16/2009Delray Beach GIS
St
St
St
th
th
th
SE 4
NE 4
SE 10
Atlantic Ave
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:February 25, 2015
AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
RESOLUTION NO. 32-15/BEST INTEREST RESOLUTION -ELECTRIC MOTORS OF PALM
BEACH
BACKGROUND
Request consideration to approve FY 2015 acquisitions for repairs, rehabilitation, and parts related to
submersible pumps for raw water wells from Electric Motors of Palm Beach in an amount not to exceed
$50,000.
The Citys water treatment plant and 30 well fields are maintained by the Public Utilities
Division/Utility Maintenance Group. This procurement is for the parts, repairs, and rehabilitation work
related to submersible pumps for raw water wells and larger turbine pumps used at the water treatment
plant. Pumps and motors range in size from 2 to 250 horsepower. The frequency of failures is
unpredictable, and the cost of each repair varies. For example, in FY 2014 there were five failures, with
total cost of $ 6,292. To date in FY 2015, there have been six failures with total expenditures of
$23,636.15.
Historically, the division has followed the Citys purchasing ordinance by seeking quotes for each repair
and then awarding the work to the lowest bidder. Due to superior price, Electric Motors of Palm Beach
have been the lowest responsive bidder on several bids this year. Due to the increasing volume,
Purchasing is currently preparing a procurement that will award a contract based on labor rates and
markup for parts. This request is to insure compliance with the Code of Ordinances during the interim.
Disapproval of this agenda request could result in the City paying more for these services by awarding
future work to other than the lowest bidder.
FINANCIAL DEPARTMENT REVIEW
Finance recommends approval.
DISCUSSION
Approval of this request is not a waiver of any provision of Code of Ordinances, Chapter 36: the Citys
purchasing code adopted in November 2013. When single acquisitions over $25,000 occur, they will be
submitted for Commission approval under the 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, 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 the 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 Utility operations.
FUNDING SOURCE
Funding for repairs, rehabilitation, and parts related to submersible pumps will be from the Utility
Maintenance account 441-5144-536-46.20.
RECOMMENDATION
Approve by majority vote the following motion:
By motion, the Commission approves FY 2015 acquisitions for repairs, rehabilitation, and parts related
to submersible pumps for raw water wells from Electric Motors of Palm Beach in an amount 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 of Ordinances,
Chapter 36, including separate Commission approval for any individual transaction at $25,000 or
above.
$25,000andabove
State of Florida
Electric Motors of Palm Beach - Multiple purchases under $10,000 each. Bid solicitation upcoming.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Michael Coleman, Interim Director, Community Improvement
THROUGH:Donald B. Cooper, City Manager
DATE:May 8, 2015
AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
INTERLOCAL AGREEMENT AND AMENDMENT NO. 1 TO MICROENTERPRISE LOAN
PROGAM COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)/COMMUNITY
REDEVELOPMENT AGENCY(CRA) PROGRAM GUIDELINES
BACKGROUND
The City Commission at the May 7, 2013 meeting approved the Community Development Block Grant
Revolving Loan Fund (CDBGRLF, hereafter known as the MicroEnterprise Loan Program) guidelines
and application. At its July 15, 2014 meeting, Commission approved to modify its current scope of
service to include technical assistance and training to businesses and residents within the Community
Development Block Grant (CDBG) and Community Redevelopment Agency (CRA) target areas to be
provided by Business Loan Fund of the Palm Beaches, Inc. d/b/a Center for Enterprise Opportunity
(CEO).
The intended result of implementing this program is to provide funding and technical assistance training
for small businesses in the community that might otherwise have difficulty raising necessary capital for
business expansion through traditional lending channels. This will be accomplished through budgeted
allocation of $100,000 of CRA Economic Development Incentive funds. The CRA funds will be
complemented by $125,000 of Community Development Block Grant funds. The aggregate amount of
$225,000 will be divided between actual loan funds, technical support services and administrative
expenses as follows:
CDBG CRA
Loan Funds 100,000 50,000
Technical Assistance 25,000 25,000
Administration 25,000
FINANCIAL DEPARTMENT REVIEW
No funding associated with this request.
DISCUSSION
Request is to approve the Interlocal Agreement with the Community Redevelopment Agency nunc pro
tunc October 1, 2014 until September 30, 2015 and Amendment #1 of the MicroEnterprise Loan
Program guidelines for the MicroEnterprise Loan Program.
TIMING OF THE REQUEST
There is time-sensitivity to this request.
FUNDING SOURCE
Community Redevelopment Agency (CRA) 118-1930-559-49.59 $100,000
RECOMMENDATION
Motion to approve Interlocal Agreement with the Community Redevelopment Agency nunc pro tunc
October 1, 2014 until September 30, 2015 and Amendment #1 of the MicroEnterprise Loan Program
guidelines for the MicroEnterprise Loan Program.
-¨¢±®%³¤±¯±¨²¤ ,®
0±®¦± ¬
0±®¦± ¬ '´¨£¤«¨¤²
May 5, 2015
{00064811.1 655-0600180 }
TABLE OF CONTENTS
Program Goals & .2
Eligible Loan Applicants 3
Ineligible Loan Applicants
..4
Eligible Loan ..
Ineligible Loan
.4
Loan Application Review..5
..7
Filing of Loan Documents
Payment and Collection ...9
Sub-
..10
ΐ
¤
¦
0
{00064811.1 655-0600180 }
PROGRAM MISSION
The mission of the Delray Beach MicroEnterprise Program is to help businesses develop, so that they can create or
retain jobs that will benefit low to moderate-income persons. The program provides technical and financial
assistance to microenterprises that commit to the creation or retention of jobs.
Definitions
screening, expected to be actively working towards developing a business that is expected to be a microenterprise
at the time it is formed.
PROGRAM GOALS AND OBJECTIVES
The objectives of the Delray Beach MicroEnterprise Loan Program are to:
A.Create/Retain new permanent jobs forlow- and moderate-income persons by providing low interest
loans to Delray Beach-based microenterprises
B.Increase the per capita income and tax base of the City of Delray Beach
C.Encourage private and public investment that will expand local business activity
D.Redevelop and/or recycle blighted or vacant land and facilities
E.Assist businesses owned and/or operated by women, minorities, or persons economically
disadvantaged
F.To encourage entrepreneurship and improve long-term viability by providing technical assistance to
the MicroEnterprise Loan Program clients in several areas including, but not limited to, the following:
Business Planning and Operations Management
Feasibility and Market Development
Performance Analysis
Financial Projections and Cash Flow Analysis
Preparation of Budget Reports
Examination of Pricing Structures
Sales Analysis
Personnel/Staffing
Corporate Structure
Payment of Payroll and other Taxes
Business Networking, Marketing and Branding
Bonding and Insurance; and
Self-esteem
SCOPE OF SERVICES
Through the MicroEnterprise Loan Program, technical and financial assistance will be offered to microenterprises
located throughout the City of Delray Beach (City), and within the CityCommunity Development Block Grant
(CDBG) and Delray Beach Community Redevelopment Agency (CRA) target area(s). All technical assistance, loan
application assistance, and underwriting services will be provided by a third-party Business Development and Loan
Servicing Consultant (Consultant), contractually employed by the City of Delray Beach. Business owners will be
required to complete a series of technical assistance courses before making an application for loan funding, though
Α
not all businesses that receive technical assistance are required to seek loan funding through the MicroEnterprise
¤
Loan Program.
¦
0
{00064811.1 655-0600180 }
Loan funds fund and CRA may only be disbursed to qualified businesses within the
boundaries of each respective target area. Business owners will also agree to participate in required technical
assistance courses.
ELIGIBLE LOAN APPLICANTS
Generally, any for-profit sole proprietorship, partnership, corporation, or other legal entity that is organized or
operating as a microenterprise within the established City, CDBG and CRA target area(s) may be eligible.
Additional eligibility criteria shall include, but not be limited to, the following:
Creditworthy microenterprises whose owners have completed the required technical assistance courses.
A demonstrated need for financing and/or financing gap, demonstration and that receiving this assistance
will create, expand or improve the business.
A minimum 10% cash equity injection.
MicroEnterprise Loan Program customers may receive up to a maximum of three (3) loans over the business
lifetime.
Applicant can be an on-site or absentee owner/manager if he/she is a city of Delray Beach resident; if absentee,
owner must demonstrate that the selected manager has managerial skills to effectively manage the business. The
Loan Committee has the discretion to decide if the applicant will be required to be an on-site manager.
INELIGIBLE LOAN APPLICANTS
A loan will not be made to businesses or persons with unsatisfactory credit, delinquent taxes, or other liens.
Ineligible applicants also include:
Nonprofit organizations.
Religious or religious-sponsored institutions.
Restaurants that have been in operation for less than three years.
Businesses that do not have appropriate operating licenses, including a Delray Beach business tax receipt.
City Neighborhood Services Division (NSD) staff, CRA employees, loan committee members and their
immediate family members.
Previous NSD and CRA employees are required to wait a minimum of two years from the last day of
employment before becoming eligible for loan assistance through this program.
policy on conflict of interest.
FUNDING SOURCE & PUBLIC BENEFIT STANDARDS
The MicroEnterprise Loan Program is funded through the City of Delray Beach, Delray Beach Community
Redevelopment Agency (CRA) and Community Development Block Grant (CDBG) Program sponsored by the United
States Department of Housing and Urban Development (HUD). Loans are subject to the availability of funds made
available by each respective funding partner.
70.209 (b) (1) (i) indicates the standard for activities in the aggregate. Activities covered
by these guidelines must, in aggregate, either:
Create or retain at least one full-time equivalent, permanent job per $35,000 of CDBG funds used
Β
¤
¦
0
{00064811.1 655-0600180 }
LOAN TERMS
Maximum Loan Amount $35,000
Minimum Loan Amount: $2,500
Repayment Terms cannot exceed 7 years; and
Interest Rate is variable between 2% and 4%, as determined by the Loan Committee
Loan must be fully secured.
ELIGIBLE LOAN ACTIVITIES
Loans made under the MicroEnterprise Loan Program are intended to fund activities that are essential to the
operation and/or expansion of microenterprises. Loan proceeds can be used for the following:
Purchase machinery, equipment, supplies and inventory
Purchase business or franchise
Make capital or leasehold (tenant) improvements
Promotion/Advertising
Legal/Accounting; and
Other working capital needs related to business startup or expansion
INELIGIBLE LOAN ACTIVITIES
The following activities/purchases are ineligible:
Finance existing debt such as payroll expenses, taxes, etc.
Finance accounts receivables.
Legitimate business activity when more than 10 percent of the annual gross revenue is derived from
legalized gambling activity.
Any project that is in violation of either a Federal, State, or Local environmental protection law or
regulation.
The transfer of ownership, unless the loan will keep the business from closing or prevent the loss of
employment opportunities.
Debt consolidation.
Finance political activities.
Start-up restaurant enterprises. Existing restaurants must be in operation for at least three (3) years prior
to submitting a loan application.
Any other unspecified business activity or use of funds not in keeping with the program goals, as
determined by the City, CRA or Consultant.
ADMINISTRATIVE PROCEDURES
Initial Screening/Technical Assistance
When a potential applicant makes initial contact with the Office of Economic Development or Neighborhood
Services Division, staff will send their contact information to the Consultant, who will follow up with the program
description and advise them to attend any required training session. An assessment will be conducted by
Consultant following the initial training to determine loan eligibility and technical assistance needs. The applicant
assessment will be used to determine the viability and eligibility of project, financial condition of business and
owner, management experience and expertise, and level of commitment of the business owner. Businesses
Γ
determined currently non-eligible for funding may remain eligible to receive additional technical assistance in the
¤
form of coaching sessions.
¦
0
{00064811.1 655-0600180 }
Assessment/Interview Process
During the assessment, services offered by the program are discussed with the client; the Consultant will review
the business plan and financial data together. It is explained that no loan commitment of any kind (at this point)
and no presumptions are to be made as to the receipt of funds until the loan review process is completed.
Additionally, Consultant must inform the potential clients of any applicable deadlines for completed loan packages,
and that the complete process can take thirty (30) to sixty (60) days from initial interview to final approval or
disapproval of loan. In situations where applications are received after program funds have been depleted for the
current fiscal year the process time will be communicated accordingly to applicant.
All loan applications must be accompanied by a business plan and cash flow projections, at which time the
Consultant will obtain a credit report. The Consultant will prepare a loan package for review by the Loan
Committee, with a copy made available to the Neighborhood Services Administrator for filing purposes.
If other information is needed to supplement the application, the client will be notified in writing by the
Consultant.
General Follow-Up Procedures
The Consultant will make an on-site visit to the business prior to approval of funds in order to evaluate and verify
the following:
Condition of fixed assets
Recordkeeping; and
Business location
The Consultant
financial institution. The business owner must commit to providing a drug-free workforce and a handicap
accessible environment. If at any point, unfavorable information is discovered that would make the project
ineligible or less viable, the process ceases and a denial letter is sent to the applicant, citing reason(s) for the
declination.
LOAN APPLICATION REVIEW
Staff Review
The Consultant will transmit completed loan application packages to staff for review prior to packages being
scheduled for review by the Loan Committee. Staff will review the package to make the following determinations:
Whether the proposed business location is within either the CDBG or CRA target area, or both;
Whether the proposed loan expenditures are consistent with the MicroEnterprise Loan Program
guidelines;
Which funding sources should be used to fund the loan, should it be approved; and
Whether the funding request would exceed the funding that is available in the allocated budget of any of
the respective funding sources.
If staff determines that any loan proposal will exceed the available funding or ,
the proposal will not be prepared for committee review. Staff will issue a written notice summarizing the reasons
Δ
for disqualification and transmit it to the Consultant and applicant.
¤
¦
0
{00064811.1 655-0600180 }
Loan Committee
The Consultant shall provide the City and CRA with a Loan Committee, which shall be responsible for reviewing
loan packages, business proposals and approving/disapproving loan funds. While the primary duties
are to evaluate business proposals and loan packages, the
may recommend changes, which
could strengthen the loan request to the benefit of the City, CRA and applicant.
All information related to Loan Committee meetings, including documents related to funding requests, is subject
to the Florida Public Records Law, Section 119.07, Florida Statutes, and unless exempt from disclosure, shall be
produced upon request. If a conflict of interest exists between applicants being reviewed and a committee
member, the committee member must recuse him/herself from voting on the application.
Project cost reasonability
Sources of project financing committed
To the extent practicable, CDBG funds are not substituted for non-federal financial support;
Overall financially feasible of project
to the extent practicable, CDBG funds are disbursed on a pro-rata basis with other finances provided to
the project.
Loan Committee meetings will be held as often as necessary as determined by the consultant, but not less than
twice a year. When program funds have been depleted for the current fiscal year, Loan Committee meetings will
be on an on-call basis as needed, as determined by City, CRA and Consultant. Loan Committee meetings shall
Florida Statutes, and shall be properly noticed, open to the
public, and minutes shall be taken.
The Loan Committee shall exercise impartial judgment in making loans. When an applicant meets the minimum
criteria for obtaining a loan, the committee is allowed, but not compelled to approve the loan.
Loan amount and interest rate
Collateral
Terms
Conditions
The City or CRA can reverse a decision under the following circumstances:
a.Information is received that may affect the repayment of loan;
b.The decision may affect program funding received from the U.S. Department of Housing and Urban
Development
c.If the customer appeals decision in writing within two (2) weeks from the date of denial letter. The letter
must be sent directly to the Director of Community Improvement and the applicant must include
additional information to supplement their denied proposal.
After an appeal or new information is received, the Community Improvement Director will transmit the
information to the Consultant. If the Director determines that the new information has an impact on the
Ε
evaluation of the loan package, then the funding request may be scheduled for review by the CRA Board and City
¤
¦
Commission for a final decision.
0
{00064811.1 655-0600180 }
QUALIFYING FACTORS
Microenterprises
1.Provide benefit for low and moderate-income persons (job creation or retention);
2.Aid in the prevention or elimination of slums or blight; or
3.Alleviate urgent need
Loan applicants and their business ventures must also meet all of the following criteria:
Venture must create new full-time or equivalent permanent jobs for low- to moderate-income persons
Must evidence a financing gap
Must evidence sufficient collateral and security
or loan related endeavor
Must demonstrate ability to repay as agreed
Must have good personal and/or business credit
Must not have Local, State, Federal tax liens or back taxes due
Must have a sound existing or proposed business enterprise, i.e., available cash flow must be evident to
service the proposed debt and the outlook for continued ability must be evident
Agreement to complete courses, workshops, seminars if person has not evidenced formal education and
training or experience in business
Good character and integrity
Established commercial checking account for the business
Valid business license and insurance verification
SECURITY AND COLLATERAL
The following is the collateral policy for the Delray Beach MicroEnterprise Loan Program. This policy will be used to
determine the amount of collateral required and establish the value of collateral being offered. All loans must be
fully secured.
Types of Assets Acceptable as Collateral
Liquid assets (cash and marketable securities)
Real estate (commercial and/or residential)
Machinery and equipment
Furniture and fixtures; and
Both personal and business guarantees (other guarantees may be considered)
Value of Collateral
The City of Delray Beach will require that loans include an assessment of the value of the collateral and must use
the following methods, where possible;
Appraisal/Fair Market Value (real estate)
IRS Valuation Tables (machinery, equipment and vehicles)
The security interest (collateral position) of the MicroEnterprise Program Loan may be made subordinate to the
interest of other lenders such as banks and the U.S. Small Business Administration in order to secure total project
financing. Each applicant receiving financial assistance through the MicroEnterprise Loan Program must maintain
Ζ
appropriate amounts and type(s) of insurance necessary to cover the maximum principal loan amount
¤
outstanding. The insurance policy must designate the City of Delray Beach as loan loss payee.
¦
0
{00064811.1 655-0600180 }
LOAN CLOSING PROCEDURES
Before a loan closing is scheduled, the following should be in place:
Executed agreement between the City of Delray Beach specifying loan purpose and amount
Signed document from borrower(s) committing to create or retain job to benefit low to moderate-income
persons
In cases where a loan recipient is receiving gap financing through the Delray Beach MicroEnterprise Loan
Program, a copy of the commitment letter from the primary financial institution must be provided.
Commitment letter from the Loan Committee chairperson to the borrower(s) specifying the terms and
conditions of the loan
Verification of ownership of collateral must be conducted before closing of loan. In cases where property
is used as collateral, a title opinion must be completed. There must be a sworn statement of ownership if
entity is a sole proprietorship or partnership. If it is a corporation there must be a corporate resolution
and bylaws must be provided.
Copies of invoices that include business name, address and fully delivered cost must be submitted prior to
loan closing. Checks will not be made out to the applicant; and
is responsible for all
closing costs.
The following legal documents are necessary to close all program loans:
a.Promissory Note A written promise to pay a certain amount of money at a certain time in a certain
number of installments. It also provides for payment of interest.
b.Deed to Secure Debt (Security Deed) Document, which conveys the land, secures payment of the
specified indebtedness. It is recorded in the real properties records in the county in which the land is
located. The purpose of recording the instrument is to put third parties on notice of conveyance. It
should contain a due-on-sale clause. This provision one to control the person making payments on the
debt by giving the option of calling the debt due if the borrower sells the property. (Only used if real
property is pledged as collateral).
c.Loan Agreement Document that specifies the term and conditions upon which the lender makes the
loan to the borrower.
d.Security Agreement Document that creates or provides for a security interest in personal property; for
example, equipment or inventory. (only used if personal property is pledged as collateral)
e.Uniform Commercial Code (UCC) Financing Statement Document that protects security interest which
is created by the security agreement. It is filed in the Courthouse at the county where the borrower
describing the tangible and intangible assets should be attracted to this document,
f.Loan Closing Statement A written analysis of the loan closing transaction which sets forth the loan
amount, less any deductions for items such as recording cost and attorney fees. It should also include any
credits to arrive at a net amount due to the borrower.
g.Loan Commitment Letter - Written commitment by the lender to the borrower that it will lend a specific
amount of money at a certain interest rate to be secured by certain collateral. The commitment is limited
to a specific time period which is based on the estimated amount of the time it will take to close the loan.
Η
The commitment letter used by the Community Development Block Grant Revolving Loan Fund should be
¤
signed by the borrower to show acknowledgement and agreement to the terms of the loan.
¦
0
{00064811.1 655-0600180 }
h.Notification Letter to Lender Written communication to the Delray Beach City Commission authorizing
agency to extend loan to borrower. This letter includes the terms and conditions of the loan.
i.Personal Guarantee Letter A document signed by the borrower that commits them to repayment of the
loan if the business dissolves.
FILING OF LOAN DOCUMENTS
After the proper documents have been prepared, a loan closing is scheduled with the borrower(s), the City of
Community Improvement Director or Neighborhood Services
Administrator.
After all documents have been fully executed by the proper authorities they are disbursed and filed appropriately
are executed a recorded copy is provided to the Neighborhood Services Administrator for filing. The recording
process should be completed within sixty to days (60) days after the loan closing. Copies of these documents are
maintained in the NSD/MicroEnterprise Loan Program files along with all supporting documentation.
PAYMENTS AND COLLECTIONS PROCEDURES
After loan closing a statement is provided to the customer. The statement reflects the following information:
Customer name
Loan balance before payments
Monthly payment and Late fee payment
Remaining payments
Breakdown of principal and interest
Payment date; and
Payment number
Payments are to be paid by the schedule due date. All payments received more than 10 days after the due date
will be assessed a 10% late fee. Payments that are not made on time will be handled in the following manner:
Letters are written to the customers whose accounts are delinquent, requesting that their accounts be
made current.
Fifteen (15) days are allowed after payment due date before the account is considered delinquent and
fifteen additional are allotted to bring account current. The letter also contains a statement reflecting
should contact the Neighborhood Service Administrator regarding this matter. The Director can approve
extensions or changes in payment schedules.
The standard delinquency notice will be sent to the customer after 45 days from the due date and no
arrangements have been made to become current or to modify the loan. A certified letter is mailed from
the City to the borrower notifying of any additional collection and/or legal action.
If no response to the delinquency notice is received within seven (7) days, the Neighborhood Services
to pursue.
Θ
¤
¦
0
{00064811.1 655-0600180 }
SUB RECIPIENT MONITORING
Each applicant will be monitored by City staff until the loan is paid in full. However, when serious problems arise,
more frequent on-site visits will be scheduled. At that time, the file will be documented as to the status of the
Monitoring will be conducted in the following areas:
General performance
Recordkeeping
Creation of New Permanent full-time Low/Moderate Income Jobs
Public Benefit
Personal property management; and
Accountability/Financial (i.e. timely payment of debt services)
Based on the review of the Monitoring Report and other appropriate documents pursuant to the Loan Agreement
executed between the borrower and lender, the need for additional technical assistance may be determined.
REPORTING REQUIREMENTS
The Consultant shall be responsible for the following:
Review applicant proposals and prepare loan packages for Loan Committee
Prepare applicants intake activity report
Collection activity on past due accounts
Prepare presentations for workshops and seminars for program
The Neighborhood Services Administrator is responsible for the following:
Prepare monthly loan status report which consist of the following;
a.Program income
b.Number of loans
c.Approved/denied loans
d.Job creation/retention
e.Delinquent report
f.Balance of all grant funds
g.Technical assistance referrals
HUD sub-recipient monitoring
Monitor handicap accessibility for businesses; and
City and CRA staff is responsible for the following:
Update program guidelines and applications.
Ώ
ΐ
¤
¦
0
{00064811.1 655-0600180 }
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tim Simmons, Parks Superintendent
Suzanne F. Davis, Director of Parks and Recreation
THROUGH:Donald B. Cooper, City Manager
DATE:April 28, 2015
AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
BID AWARD/ COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA/ LANDSCAPE
MAINTENANCE BID NO. 2015-40
BACKGROUND
Staff recommends a motion to approve:
The award of Bid 2015-40 for the annual landscape maintenance contract for the Atlantic Avenue
Greenway Plan, Vacant Lots to Complete Property Services of South Florida for a one (1) year
term with two (2) additional one (1) year renewal periods.
Annual spending to Complete Property Services of South Florida not to exceed $44,500 in
accordance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000
in Any Fiscal Year".
The specifications for this bid award consists of mowing/weeding, trimming/edging, pruning, litter
control, chemical application, and mulching. Additional cost are included for sod replacement,
plant and tree installation, fertilization, pest and fire ant control, and hurricane debris removal.
Four landscape companies submitted bids on April 21, 2015:
Batallian Enterprises, Inc. d/b/a Propertyworks - $13,749.00
Gator Landscaping - $13,389.00
Complete Property Services of South Florida - $14,330.00
Earthly Designs & Resources d/b/a Mobile Lawn Service - $21,650.00
Parks and Recreation recommends Bid No. 2015-40 be awarded to Complete Property Services of
South Florida the third lowest bidder in the amount of $14,330.00 for a one year term with two
additional one year renewal options.
Gator Landscaping Inc., and Batallian Enterprises Inc. d/b/a Propertyworks, the two lowest bidders, did
not meet all the bid criteria and therefore are deemed non-responsive. The bid submitted by Batallan
Enterprises, d/b/a Propertyworks, was deemed non-responsive due to the fact that the surety
performance and payment bond was not included in the bid submission. The bid submitted by Gator
Landscaping was deemed non-responsive due to the fact that addendums 1-3 were not included in the
bid submission, several pages submitted were incorrect (including the pricing page) and the surety
performance and payment bond was not included as requested in the bid document.
The recommendation for award is in compliance with the Code of Ordinances, Chapter 36 Acquisition
of Goods and Services and Disposal of City Property, Section 36.02 Methods of Acquisition (A)
Sealed Competitive Method (1) Competitive Bids.
Complete Property Services performs landscape maintenance on Atlantic Avenue as a result of Bid
2013-33. The total annual spending to date with Complete Property Services is $16,678. Anticipated
annual spending would be approximately $44,500. By approving the recommended motion, the
Commission is not waiving or overriding any provisions of the Citys 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".
DISCUSSION
City Commission is requested to approve Bid No. 2015-40 , Landscape Maintenance Contract - Atlantic
Avenue Greenway Plan, Vacant Lots, to Complete Property Services of South Florida in the amount of
$14,330.00.
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
Landscape Maintenance Services for the Atlantic Avenue Greenway Plan, Vacant Lots, are highly
visible areas and maintenance is essential in keeping with high level maintenance standards. Therefore
the timing of this request is of high importance.
FUNDING SOURCE
Funding is from the Beautification Fund account # 119-4144-572-46.40 (Beautification Maintenance).
RECOMMENDATION
Staff recommends Commission approve:
The award of Bid 2015-40 for the annual landscape maintenance contract for the Atlantic Avenue
Greenway Plan, Vacant Lots to Complete Property Services of South Florida for a one (1) year
term with two (2) additional one (1) year renewal periods.
Annual spending to Complete Property Services of South Florida not to exceed $44,500 in
accordance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000
in Any Fiscal Year".
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 24, 2015
AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
PURCHASE AWARD/MANSFIELD OIL COMPANY
BACKGROUND
Consider approval of expenditures not to exceed $1,500,000 annually, per fiscal year, with Mansfield Oil Company for the purchase of fuel, utilizing Florida State Contract
#405-000-10-1.
The City currently utilizes Florida State Contract #405-000-10-1 for Bulk Fuel, Gasoline, and Diesel Fuel from Macmillan Oil Company and would like to add Mansfield Oil
Company as an alternative supplier. The current contract was renewed on July 1, 2014 and is effective through June 30, 2016.
The contract divides the State of Florida into four districts: North, Western, Central, and Southern. Each district has vendors to whom the contract is awarded, as shown.
Mansfield Oil Company is an awarded vendor within the Southern District, which includes Palm Beach County. The State Contract price sheet stipulates the vendor markup
allowed per gallon for fuel deliveries. Each and every fuel delivery invoice is carefully reviewed by Fleet staff to assure that the pricing is correct and matches the daily price
index and contract allowed markup price.
The City of Delray Beach maintains three fuel sites that are used for the majority of vehicle refueling. Site 1 is located at Public Works where we have capacity for 10,000
gallons of gasoline and 5,000 gallons of diesel fuel, and this site is used by every department in the City; Site 2 is located at Fire Station #3 with a capacity for 2,000 gallons of
diesel fuel and is used primarily to refuel Fire Rescue Apparatus and Ambulances; and Site 3 is located at the Police Department with a capacity for 11,000 gallons of gasoline,
and is used exclusively by the Police Department for refueling their vehicles. Historically, the City has purchased between $1,270,000 and $1,450,000 annually on fuel.
This request is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (C) (7) (a). Contract is valid July 1, 2014 through June 30, 2016.
Attachments Include:
1. The Certification of Contract Document 405-000-10-1, which confirms that it was competitively bid.
2. State Contract 405-000-10-1 Vendor Price Markup Sheet
3. District Map
4. Mansfield Oil Company letter with lowest pricing assurance for Fiscal Year 2015 5. Purchasing Compliance Checklists
The Florida Department of Management Services maintains a website with the complete contract information, and publishes a daily fuel pricing index report at:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_and_agreements/state_term_contracts/bulk_fuel_gasoline_and_diesel
Includes:
a)Complete Contract (PDF and MS Word)
b)Pricing
c) District Maps
d)Price Sheets
e)Daily Pricing
f)Contractors
g)Complete Contract and Bid Support Documents
DISCUSSION
A request for the City Commission to approve expenditures not to exceed $1,500,000.00 annually, per fiscal year, with Mansfield Oil Company for the purchase of fuel through
June 30, 2016 utilizing Florida State Contract #405-000-10-1.
OPERATING COST
TIMING OF THE REQUEST
Timing of this item is extremely critical to insure uninterrupted delivery and supply of fuels to the Citys three fuel sites.
FUNDING SOURCE
Funding is available from 501-3311-591.52-51 (Garage Fund: Operating Supplies/CG Inventory Fuel.
RECOMMENDATION
By motion approve utilization of Mansfield Oil Company, via Florida State Contract #405-000-10-1, for the purchase of fuel on an fiscal year basis, through June 30, 2016 in an
amount up to $1,500,000.00.
DISTRICT MAP
WESTERNNORTHERNCENTRALSOUTHERN
ESCAMBIAGILCHRISTCITRUSGLADES
SANTA ROSAALACHUASUMTERMARTIN
OKALOOSAUNIONLAKEHENDRY
WALTONBRADFORDHERNANDOPALM BEACH
HOLMESBAKERSEMINOLECOLLIER
WASHINGTONNASSAUORANGEBROWARD
BAYDUVALPASCOMONROE
JACKSONCLAYPINELLASDADE
CALHOUNPUTNAMHILLSBOROUGH
GULFST. JOHNSPOLK
LIBERTYFLAGLEROSCEOLA
FRANKLINVOLUSIABREVARD
GADSDENMARIONINDIAN RIVER
WAKULLALEVYMANATEE
LEONHAMILTONHARDEE
JEFFERSONCOLUMBIAHIGHLANDS
TAYLORSUWANNEEOKEECHOBEE
MADISONST. LUCIE
LAFAYETTESARASOTA
DIXIEDESOTO
CHARLOTTE
LEE
9
CERTIFICATION OF CONTRACT
TITLE: Bulk Fuel, Gasoline and Diesel
CONTRACT NO.: 405-000-10-1
ITB NO.: 21-405-000-X
EFFECTIVE: July 1, 2014 through June 30, 2016
CONTRACTOR(S):
American Homegrown Fuel Corporation (A)
,
G. W. HunterInc. (A)
J. V. Gander Distributors, Inc. (A)
L. V. Hiers. Inc. (M)
Macmillan Oil Company. (O)
Mansfield Oil Company LLC. (A)
Petroleum Traders Corporation (A)
A. AUTHORITY Upon affirmative action taken by the State of Florida Department of Management
Services, a contract has been executed between the State of Florida and the designated
contractors.
B. EFFECT This contract was entered into to provide economies in the purchase of Bulk Fuel,
Gasoline and Diesel by all State of Florida agencies and institutions. Therefore, in compliance
with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under
the terms, prices, and conditions of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS All purchase orders shall be issued in accordance with the
attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all
Federal, State, and local taxes.
All contract purchase orders shall show the State Purchasing contract number, product number,
quantity, description of item, with unit prices extended and purchase order totaled. (This
requirement may be waived when purchase is made by a blanket purchase order.)
D. CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform
according to the requirements of this contract on Complaint to Vendor, form PUR7017. Should
the vendor fail to correct the problem within a prescribed period of time, then form PUR7029,
Request for Assistance, is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS Special and general conditions are enclosed for your
information. Any restrictions accepted from the supplier are noted on the ordering instructions.
_________________________________________
Authorized Signature (date)
CONTRACT ADMINISTRATOR
NAME: Karla Dixon
TELEPHONE: (850) 487-2304
E-MAIL: Karla.Dixon@dms.myflorida.com
AMENDMENT NO. 1
Renewal No. 1
State Term Contract 405-000-10-1
Bulk Fuel, Gasoline & Diesel
This Amendment No. 1
(Amendment), is effective July 1, 2014, to the State Term Contract for
Bulk Fuel, Gasoline & Diesel, No. 405-000-10-1, effective between the State of Florida,
Department of Management Services (Department) and J. V. Gander Distributors, Inc.
capitalized terms used herein shall have the meaning assigned to them in the Contract, unless
otherwise defined herein.
WHEREAS
the Contract was originally entered on July 1, 2009 with the Contractor for
the provision of gasoline and diesel, and is scheduled to expire on June 30, 2014; and
WHEREAS
upon mutual agreement, the Department and the Contractor agree to amend
4.26 Renewal
the Contract, in accordance with section ; and
THEREFORE,
in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the
Parties agree to the following:
1.0 Contract Amendment:
Pursuant to sections 4.26 and 5.2 of the State Term Contract,
Contract No. 405-000-10-1 is renewed for a period of two years at the same terms and
conditions, with a new contract expiration date of June 30, 2016.
2.0 E-Verify
: Pursuant to State of Florida Executive Order Number 11-116, Contractor is
-Verify system to
verify the employment of all new employees hired by the Contractor during the
Contract term. Also, Contractor shall include in related subcontracts a requirement that
subcontractors performing work or providing services pursuant to the Contract utilize
the E-Verify system to verify employment of all new employees hired by the
subcontractor during the Contract term.
3.0 Scrutinized Company List:
Contractor certifies that it is not listed on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473,
F.S. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may
immediately terminate this contract for cause if the Contractor is found to have
submitted a false certification or if Contractor is placed on the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List during the term of the Contract.
4.0 Best Pricing Affidavit Requirement:
The Department will provide the Best Pricing
Affidavit for completion by an authorized representative of the Contractor attesting that
the Contractor is in compliance with the best pricing provision in section 4(b) of the
PUR 1000 form. The Contractor agrees to submit to the Department, at least annually,
the completed Best Pricing Affidavit attached hereto as Attachment 1 to this
Amendment No. 1.
5.0 Warrant of Authority:
Each person signing this Amendment warrants that he or she
is duly authorized to do so and to bind their respective party.
6.0 Effect:
Unless otherwise modified by this Amendment, all terms and conditions
contained in the Contract shall continue in full force and effect.
State of Florida, J. V. Gander Distribution, Inc.
Department of Management
Services:
By: __________________________ By: __________________________
Name: Kelley J. Scott, Name: _______________________
Director of State Purchasing
Title: and Chief Procurement Officer Title: ________________________
Date: ________________________ Date: ________________________
State Term Contract No. 405-000-10-1
Amendment No. 1 Renewal
Attachment 1 - Best Pricing Affidavit
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk
Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All
Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: American Homegrown Fuel Corporation (A)
Organization FEID Number: 06-1711629
MFMP / SPURS Vendor Number: 06-1711629-001
Street Address: 13852 Waterchase Way
City, State, and Zip: Jacksonville, FL 32224-0806
E-mail Address: john@fcbio.com
Internet Address: http://www.fcbio.com
Telephone Number: 904-525-3835
Toll-Free Number: n/a
Fax Number: 309-415-9093
Remit Address:
Organization Name: American Homegrown Fuel Corporation
Remit-To Street Address: 13852 Waterchase Way
Remit-To City, State, Zip: Jacksonville, FL 32224-0806
Contract Administrator:
Name: John Magwood
Title: President
Street Address: 13852 Waterchase Way
City, State, and Zip: Jacksonville, FL 32224-0806
E-Mail Address: john@fcbio.com
Telephone Number: 904-525-3835
Toll-Free Number: n/a
Cell Phone Number (Optional): n/a
Fax Number: 309-415-9093
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk
Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All
Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: G. W. Hunter, Inc. (A)
Organization FEID Number: 59-1615975
MFMP / SPURS Vendor Number: 59-1615975-001
Name: Terry L. Hunter
Title: President
Street Address: PO Box 958
City, State, and Zip: Lake City, FL 32056
E-mail Address: tlhunter@gwhunterinc.com
Internet Address: n/a
Telephone Number: 386-752-5890
Toll-Free Number: n/a
Fax Number: 386-755-5510
Remit Address:
Organization Name: G. W. Hunter, Inc.
Remit-To Street Address: PO Box 958
Remit-To City, State, Zip: Lake City, FL 32056
Contract Administrator:
Name: Terry L. Hunter
Title: President
Street Address: PO Box 958
City, State, and Zip: Lake City, FL 32056
E-Mail Address: tlhunter@gwhunterinc.com
Telephone Number: 386-752-5890
Toll-Free Number: n/a
Fax Number: 386-755-5510
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk
Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All
Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: J.V. Gander Distributors, Inc. (A)
Organization FEID Number: 59-1986161
MFMP / SPURS Vendor Number: 59-1986161-004
Name: Jim Gander
Title: Vice President
Street Address: 319 Water Street
P. O. Box Address: P. O. Box 70
City, State, and Zip: Apalachicola, FL 32320
E-mail Address: jim@jvgander.com
Internet Address: http://www.jvgander.com
Toll-Free Number: 866-653-8889
Telephone Number: 850-653-8880
Fax Number: 850-653-9818
Remit Address:
Organization Name: J.V. Gander Distributors, Inc.
Remit-To Street Address: P. O. Box 70
Remit-To City, State, Zip: Apalachicola, FL 32320
Contract Administrator:
Name: Jim Gander
Title: Vice President
Street Address: 319 Water Street
P. O. Box Address: P. O. Box 70
City, State, and Zip: Apalachicola, FL 32320
E-Mail Address: jim@jvgander.com
Toll-Free Number: 866-653-8889
Telephone Number: 850-653-8880
Fax Number: 850-653-9818
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk
Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All
Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: L.V. Hiers, Inc. (A)
Organization FEID Number: 59-2011260
MFMP / SPURS Vendor Number: 59-2011260-001
Name: Andy Stone
Title: Vice President
Street Address: 253 East Florida Avenue
P. O. Box Address: P. O. Box 1229
City, State, and Zip: Macclenny, FL 32063
E-mail Address: astone@lvhiers.com
Internet Address: http://www.lvhiers.com/
Telephone Number: 904-259-2314
Toll-Free Number: n/a
Fax Number: 904-259-4518
Remit Address:
Organization Name: L.V. Hiers, Inc.
Remit-To Street Address: P. O. Box 1229
Remit-To City, State, Zip: Macclenny, FL 32063
Contract Administrator:
Name: Andy Stone
Title: Vice President
Street Address: 253 East Florida Avenue
P. O. Box Address: P. O. Box 1229
City, State, and Zip: Macclenny, FL 32063
E-mail Address: astone@lvhiers.com
Telephone Number: 904-259-2314
Fax Number: 904-259-4518
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk
Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All
Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Macmillan Oil Company of Florida, Inc. (O)
Organization FEID Number: 59-0648243
MFMP / SPURS Vendor Number: 59-0648243-001
Name: Eduardo Rodriguez
Title: General Sales Manager
Street Address: 2955 East 11th Avenue
City, State, and Zip: Hialeah, FL 33013
E-mail Address: eduardo@macmillanoil.net
Internet Address: n/a
Telephone Number: 305-283-8580
Toll-Free Number: n/a
Fax Number: 305-691-7817
Remit Address:
Organization Name: Macmillan Oil Company of Florida, Inc.
Remit-To Street Address: 2955 East 11th Avenue
Remit-To City, State, Zip: Hialeah, FL 33013
Contract Administrator:
Name: Eduardo Rodriguez
Title: General Sales Manager
Street Address: 2955 East 11th Avenue
City, State, and Zip: Hialeah, FL 33013
E-mail Address: eduardo@macmillanoil.net
Telephone Number: 305-283-8580
Fax Number: 305-691-7817
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk
Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All
Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Mansfield Oil Company (A)
Organization FEID Number: 58-1091383
MFMP / SPURS Vendor Number: 58-1091383-001
Name: Bill Hammond
Title: Customer Service Supervisor
Street Address: 1025 Airport Parkway, S.W.
City, State, and Zip: Gainesville, Georgia 30501
E-mail Address: BHammond@MansfieldOil.com
Internet Address: www.mansfieldoil.com
Toll-Free Number: 800-255-6699 ext. 2082
Telephone Number: 678-450-2135
Fax Number: 800-283-3835
Remit Address:
Organization Name: Mansfield Oil Company
Remit-To Street Address: P. O. Box 934067
Remit-To City, State, Zip: Atlanta, GA 30501
Contract Administrator:
Name: Ginger McDaniel
Title: Government Sales Analyst
Street Address: 1025 Airport Parkway, S.W.
City, State, and Zip: Gainesville, Georgia 30501
E-Mail Address: GMcDaniel@MansfieldOil.com
Toll-Free Number: 800-255-6699 ext. 2135
Telephone Number: 678-450-2135
Fax Number: 678-450-2280
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405-000-10-1, Bulk
Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All
Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Petroleum Traders Corporation
Organization FEID Number: 35-1462227
MFMP / SPURS Vendor Number: 35-1462227-001
Name: Gayle Newton & Contract Sales Staff
Title: Contract Sales Manager
Street Address: 7120 Pointe Inverness Way
City, State, and Zip: Fort Wayne, IN 46804-7928
E-mail Address: gnewton@petroleumtraders.com
Internet Address: www.petroleumtraders.com
Toll-Free Number: 800-348-3705 x1002
Telephone Number: 260-432-6622 x1002
Fax Number: 260-207-6347
Remit Address:
Organization Name: Petroleum Traders Corporation
Remit-To Street Address: 7120 Pointe Inverness Way
Remit-To City, State, Zip: Fort Wayne, IN 46804-7928
Contract Administrator:
Name: Gayle Newton
Title: Contract Sales Manager
Street Address: 7120 Pointe Inverness Way
City, State, and Zip: Fort Wayne, IN 46804-7928
E-mail Address: gnewton@petroleumtraders.com
Toll-Free Number: 800-348-3705 x1002
Telephone Number: 260-432-6622 x1002
Fax Number: 260-207-6347
CERTIFICATION OF CONTRACT
TITLE: Bulk Fuel, Gasoline and Diesel
CONTRACT NO.: 405-000-10-1
ITB NO.: 21-405-000-X
EFFECTIVE: July 1, 2009 through June 30, 2014
CONTRACTOR(S):
American Homegrown Fuel Corporation (A)
Eli Roberts and Sons, Inc. (A)
G. W. HunterInc. (A)
,
Jim Hinton Oil Company, Inc.
J. V. Gander Distributors, Inc. (A)
L. V. Hiers. Inc. (M)
Macmillan Oil Company. (O)
Mansfield Oil Company LLC. (A)
Petroleum Traders Corporation (A)
Port Consolidated, Inc. (A)
SMF Energy Corporation (A)
Terrell Industries, Inc. (H)
A. AUTHORITY Upon affirmative action taken by the State of Florida Department of Management Services, a
contract has been executed between the State of Florida and the designated contractors.
B. EFFECT This contract was entered into to provide economies in the purchase of Bulk Fuel, Gasoline and Diesel
by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes,
all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and
with the suppliers specified.
C. ORDERING INSTRUCTIONS All purchase orders shall be issued in accordance with the attached ordering
instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State, and local taxes.
All contract purchase orders shall show the State Purchasing contract number, product number, quantity,
description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when
purchase is made by a blanket purchase order.)
D. CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform according to the
requirements of this contract on Complaint to Vendor, form PUR7017. Should the vendor fail to correct the
problem within a prescribed period of time, then form PUR7029, Request for Assistance, is to be filed with this
office.
E. SPECIAL AND GENERAL CONDITIONS Special and general conditions are enclosed for your information.
Any restrictions accepted from the supplier are noted on the ordering instructions.
_________________________________________
Authorized Signature (date)
CONTRACT ADMINISTRATOR
NAME: Mina Barekat
TELEPHONE: (850) 488-1985
E-MAIL: mina.barekat@dms.myflorida.com
TC
ABLE OF ONTENTS
1.0 I
NTRODUCTION
2.0 GIR\[PUR1001(10/06)\]
ENERAL NSTRUCTIONS TO ESPONDENTS
3.0 SIR
PECIAL NSTRUCTIONS TO ESPONDENTS
4.0 GCC\[PUR1000(10/06)\]
ENERAL ONTRACT ONDITIONS
5.0 SC
PECIAL ONDITIONS
6.0 TS
ECHNICAL PECIFICATIONS
7.0 F
ORMS
\[The remainder of this page is intentionally left blank (other than footer information)\]
S1.0
ECTION
I
NTRODUCTION
C:
ONTENTS
1.1 PS
URPOSE AND COPE
1.2 T
IMELINE
\[The remainder of this page is intentionally left blank (other than footer information)\]
1.1 Purpose and Scope
vendors, including suppliers of Bulk Fuel, Gasoline and Diesel, to submit responses in accordance with
these solicitation documents. The purpose of the solicitation is to establish a State Term Contract for
the acquisition of Bulk Fuel, Gasoline and Diesel. By submitting a response, each bidder certifies that it
satisfies the following criteria, in addition to any other specified in the solicitation documents.
The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per
Section 2.17, and to end June 30, 2014, with potential options to renew per Chapter 287, Florida
Statutes.
1.2 Timeline (REVISED 5/29/2009)
Event Event Date
Issue solicitation within MyFloridaMarketPlace Sourcing Tool
May 12, 2009
(Provide notice within Vendor Bid System).
MyFloridaMarketPlace (MFMP) training (not mandatory)
May 19, 2009
10:00 11:30 conference call
Questions from Respondents due via Q&A Board within
May 21, 2009
MyFloridaMarketPlace Sourcing Tool (No later than 4:00 pm
ET).
Post answers to vendor requests for approved equivalents
June 1, 2009
and questions within MyFloridaMarketPlace Sourcing Tool
REVISED
and Vendor Bid System.
Solicitation responses due within MyFloridaMarketPlace
June 5, 2009
Sourcing Tool (Some documents in hard copy) (No later than
REVISED
4:00 pm ET).
Post Notice of Intended Award within Vendor Bid System (Per
June 16, 2009
Section 2.13, Electronic Posting of Notice of Intended Award).
REVISED
Per Section 2.17,
Contract award.
Contract Formation
CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION
1.2, TIMELINE.
The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this
submission date and time deadline, it is intended only to approximate the solicitation closing and may
require periodic adjustments.
It is strongly recommended to submit your Response as early as possible. You should allow
time to receive any requested assistance and to receive verification of your submittal; waiting
until the last hours of the solicitation could impact the timely submittal of your Response
.
\[The remainder of this page is intentionally left blank (other than footer information)\]
Section 2.0
GIR\[PUR1001(10/06)\]
ENERAL NSTRUCTIONS TO ESPONDENTS
C:
ONTENTS
2.1 D.
EFINITIONS
2.2 GI.
ENERAL NSTRUCTIONS
2.3 ESR.
LECTRONIC UBMISSION OF ESPONSES
2.4 TC.
ERMS AND ONDITIONS
2.5 Q.
UESTIONS
2.6 CI.
ONFLICT OF NTEREST
2.7 CV.
ONVICTED ENDORS
2.8 DV.
ISCRIMINATORY ENDORS
2.9 RRA.
ESPONDENTS EPRESENTATION AND UTHORIZATION
2.10MNAE.
ANUFACTURERS AME AND PPROVED QUIVALENTS
2.11PQ.
ERFORMANCE UALIFICATIONS
2.12PO.
UBLIC PENING
2.13EPNIA.
LECTRONIC OSTING OF OTICE OF NTENDED WARD
2.14FR.
IRM ESPONSE
2.15C/R.
LARIFICATIONSEVISIONS
2.16MI/RR.
INOR RREGULARITIESIGHT TO EJECT
2.17CF.
ONTRACT ORMATION
2.18CO.
ONTRACT VERLAP
2.19PR.
UBLIC ECORDS
2.20P.
ROTESTS
2.21LVCADSP.
IMITATION ON ENDOR ONTACT WITH GENCY URING OLICITATION ERIOD
\[The remainder of this page is intentionally left blank (other than footer information)\]
2.1 Definitions.
The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following
additional terms are also defined:
(a)
defined in the PUR 1000 if that entity meets the definition of both terms.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions.
(d) "Response" means the material submitted by the respondent in answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.
2.2 General Instructions.
Potential respondents to the solicitation are encouraged to carefully review all the
materials contained herein and prepare responses accordingly.
2.3 Electronic Submission of Responses.
Respondents are required to submit responses electronically.
For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments
hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol
or process) attached to or logically associated with the response created by the respondent within
MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response
constitutes:
An electronic signature on the response, generally,
An electronic signature on any form or section specifically calling for a signature, and
An affirmative agreement to any statement contained in the solicitation that requires a definite
confirmation or acknowledgement.
2.4 Terms and Conditions.
All responses are subject to the terms of the following sections of this solicitation,
which, in case of conflict, shall have the order of precedence listed:
Technical Specifications,
Special Conditions and Instructions,
Instructions to Respondents (PUR 1001),
General Conditions (PUR 1000), and
Introductory Materials.
The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent,
a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently,
shall have no force or effect. Failure to comply with terms and conditions, including those specifying
information that must be submitted with a response, shall be grounds for rejecting a response.
2.5 Questions.
Respondents shall address all questions regarding this solicitation to the Procurement Officer.
Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO
LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with
the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be
able to view. Respondents shall not contact any other employee of the Buyer or the State for information with
respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for
new or changing information. The Buyer shall not be bound by any verbal information or by any written
information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's
contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute
formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these
Instructions.
2.6 Conflict of Interest.
This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall
disclose with their response the name of any officer, director, employee or other agent who is also an
employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or
indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.
2.7 Convicted Vendors.
A person or affiliate placed on the convicted vendor list following a conviction for a
public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being
placed on the convicted vendor list:
submitting a bid on a contract to provide any goods or services to a public entity;
submitting a bid on a contract with a public entity for the construction or repair of a public building or
public work;
submitting bids on leases of real property to a public entity;
being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and
transacting business with any public entity in excess of the Category Two threshold amount ($25,000)
provided in section 287.017 of the Florida Statutes.
2.8 Discriminatory Vendors.
An entity or affiliate placed on the discriminatory vendor list pursuant to section
287.134 of the Florida Statutes may not:
submit a bid on a contract to provide any goods or services to a public entity;
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work;
submit bids on leases of real property to a public entity;
be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract
with any public entity; or
transact business with any public entity.
In submitting a response, each respondent
understands, represents, and acknowledges the following (if the respondent cannot so certify to any of
following, the respondent shall submit with its response a written explanation of why it cannot do so).
The respondent is not currently under suspension or debarment by the State or any other governmental
authority.
To the best of the knowledge of the person signing the response, the respondent, its affiliates,
subsidiaries, directors, officers, and employees are not currently under investigation by any
governmental authority and have not in the last ten (10) years been convicted or found liable for any act
prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any
public contract.
Respondent currently has no delinquent obligations to the State, including a claim by the State for
liquidated damages under any other contract.
The submission is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive response.
The prices and amounts have been arrived at independently and without consultation, communication,
or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual
or approximate, have been disclosed to any respondent or potential respondent, and they will not be
disclosed before the solicitation opening.
The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as
defined in section 287.133(1) (a) of the Florida Statutes), and all directors, officers, and employees of
the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for
violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This includes disclosure of the names of current
employees who were convicted of contract crimes while in the employ of another company.
Neither the respondent nor any person associated with it in the capacity of owner, partner, director,
officer, principal, investigator, project director, manager, auditor, or position involving the administration
of federal funds:
Has within the preceding three years been convicted of or had a civil judgment rendered against
o
them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state,
or local government transaction or public contract; violation of federal or state antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property; or
Has within a three-year period preceding this certification had one or more federal, state, or local
o
government contracts terminated for cause or default.
The product offered by the respondent will conform to the specifications without exception.
The respondent has read and understands the Contract terms and conditions, and the submission is
made in conformance with those terms and conditions.
If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the
Contract that is formed with the State.
The respondent has made a diligent inquiry of its employees and agents responsible for preparing,
approving, or submitting the response, and has been advised by each of them that he or she has not
participated in any communication, consultation, discussion, agreement, collusion, act or other conduct
inconsistent with any of the statements and representations made in the response.
The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any
cost, damage, or expense which may be incurred or be caused by any error in the
preparation of its bid.
All information provided by, and representations made by, the respondent are material and important
and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as
fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A
misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the
Florida Statutes.
names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not
applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog
materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a
product is acceptable as an equivalent.
2.11 Performance Qualifications.
The Buyer reserves the right to investigate or inspect at any time whether
the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent
shall at all times during the Contract term remain responsive and responsibl
responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to
the solicitation and the contract.
Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and
financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the
production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the
solicitation documents are not complied with, or that the product proposed to be furnished does not meet the
specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that
performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be
ment, has previously failed
to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply
that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but
should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements.
2.12 Public Opening.
Responses shall be opened on the date and at the location indicated on the Timeline.
Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release
other materials pursuant to s. 119.071(1) (b), Florida Statutes. Any person requiring a special accommodation
because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation
opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at
(800) 955-8771 (TDD).
2.13 Electronic Posting of Notice of Intended Award.
Based on the evaluation, on the date indicated on the
Timeline the Buyer shall electronically post a notice of intended award at
http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu. If the notice of award is delayed, in lieu of posting the
notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of
intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of
protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award
by telephone.
2.14 Firm Response.
The Buyer may make an award within sixty (60) days after the date of the opening,
during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty
(60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from
the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration
may, in the Buyer's sole discretion, be accepted or rejected.
2.15 Clarifications/Revisions.
Before award, the Buyer reserves the right to seek clarifications or request
any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible
for Contract award. Failure to provide requested information may result in rejection of the response.
2.16 Minor Irregularities/Right to Reject.
The Buyer reserves the right to accept or reject any and all bids, or
separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer
submitted in the manner specified by the solicitation documents.
2.17 Contract Formation.
The Buyer shall issue a notice of award, if any, to successful respondent(s),
however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract.
The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or
for any work performed before the Contract is effective.
2.18 Contract Overlap.
Respondents shall identify any products covered by this solicitation that they are
currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor
authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its
best interest.
2.19 Public Records.
Article 1, section 24, Florida Constitution, guarantees every person access to all public
records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all
responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that
its response contains information that is exempt from the public records law shall clearly segregate and mark
that information and provide the specific statutory citation for such exemption.
2.20 Protests.
Any protest concerning this solicitation shall be made in accordance with sections 120.57(3)
and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the
Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that
specifications are written to obtain the best value for the State and that specifications are written to ensure
competitiveness, fairness, necessity and reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of
the solicitation documents shall be made within seventy-two hours after the posting of the solicitation.
Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a
protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes."
Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation:
"Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the
bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of
2.21 Limitation on Vendor Contact with Agency during Solicitation Period
. Respondents to this
solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the
end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays,
Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any
aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation
documents. Violation of this provision may be grounds for rejecting a response.
Section 3.0
SITR
PECIAL NSTRUCTIONS O ESPONDENTS
C:
ONTENTS
3.1 CP
ONTACT ERSON
3.2 TC
ERMS AND ONDITIONS
3.3 D
EFINITIONS
3.4 WMR
HO AY ESPOND
3.5 MFMPSO
YLORIDAARKETLACE OLICITATION VERVIEW
3.6 AASD
MENDMENTS OR DDENDUMS TO THE OLICITATION OCUMENTS
3.7 EQ
STIMATED UANTITIES
3.8 SR
UBMITTAL OF ESPONSE
3.9 EC
VALUATION RITERIA
3.10BA
ASIS FOR WARD
3.11SO
TATE BJECTIVES
3.12L
OBBYING
\[The remainder of this page is intentionally left blank (other than footer information)\]
3.1Contact Person:
Refer ALL Inquiries to:
®
David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP
PA
URCHASING NALYST
DSP
IVISION OF TATE URCHASING
DMS
EPARTMENT OF ANAGEMENT ERVICES
4050EW,S360
SPLANADE AY UITE
T,FL32399-0950
ALLAHASSEE
(850) 921-4072 (voice)
(850)414-6122 (facsimile)
David.Bennett@dms.myflorida.com
Please Note: All solicitation related Questions must be submitted through the MyFloridaMarketPlace
Sourcing Tool Q&A Board per Section 2.5; MyFloridaMarketPlace System questions may be answered in
the solicitation document, Section 3.5. Any additional technical questions related to the
MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at
866-FLA-EPRO (866-352-3776) or vendorhelp@myfloridamarketplace.com.
3.2 Terms and Conditions
Potential Respondents are encouraged to carefully review all the materials
contained herein and prepare Responses accordingly.
All Responses are subject to the requirements, specifications, terms, and conditions of the following
sections of this solicitation, which, in case of conflict, shall have the order of precedence listed:
Section 1.0, Introduction
Section 6.0, Technical Specifications
Section 5.0, Special Conditions
Section 4.0, General Contract Conditions \[PUR 1000 (10/06)\]
Section 3.0, Special Instructions to Respondents
Section 2.0, General Instructions to Respondents \[PUR 1001 (10/06)\]
Section 7.0, Price Sheet and Forms
The Department objects to and shall not consider any additional terms or conditions submitted by a
submitting its Response, the Respondent agrees that any additional terms or conditions, whether
submitted intentionally or inadvertently, s
Response for any offers associated with the additional terms or conditions. Failure to comply with the
solicitation requirements, specifications, terms, and conditions, including those specifying information
that must be submitted with a Response, shall be grounds for rejecting a Response.
This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions.
3.3 Definitions
The Definitions found and referenced in the General Instructions to Respondents
\[PUR1001 (10/06)\], Section 2.1, and General Contract Conditions \[PUR1000 (10/06)\], Section 4.1, shall
apply to this Section. The following additional terms are also defined:
(a)
(b) Florida Department of Management Services.
(c)
contracting personnel, as identified in Section 3.1 or as amended by the Department.
(d) 60A-1.005, F.A.C. The following entities are eligible users:
1.
All governmental agencies, as defined in Section 163.3164, F.S., which have a physical
presence within the State of Florida;
2.
Any independent, non-profit college or university that is located within the State of Florida
and is accredited by the Southern Association of Colleges and Schools. Specific Authority
287.042 (12) F.S. Law Implemented 287.012 (12) F.S. History New 8-24-04.
of the Contract. Others may
seek Department approval under section 287.042(2)(a) as an eligible user of the Contract.
(e)
Commodity and / or contractual service similar to those within the solicitation, and may or may
not respond to the solicitation.
(f)
Commodities and / or contractual services, which meet the requirements, specifications, terms,
and conditions herein, to an Eligible User.
(g)
and service specific Commodities such as gasoline and diesel.
(h) tangible good, which may or may not meet the specifications herein.
(i)
Commodities and contractual services which meet specific requirements, specifications, terms,
and conditions herein.
3.4 Who May Respond
The Department will accept Responses from capable suppliers, who are in good
standing with the State of Florida, satisfying the requirements, specifications, terms, and conditions of
the solicitation documents. To be eligible for award, a Respondent shall have the demonstrated
capability to perform a Contract in the State of Florida. Full-service office with business hours of 8:00
A.M. E.S.T. to 5:00 P.M. E.S.T. weekdays (minimum) and with staff capable of handling inquiries and
orders on-location during those business hours (including lunch hour).
By submitting a Response, each Respondent certifies that it satisfies all criteria specified in the
solicitation documents. The Department may request, and the Respondent shall provide, supporting
Failure to supply supporting information and / or
information and / or documentation.
documentation as required and / or requested will result in disqualification of the Response
.
3.5 MyFloridaMarketPlace Solicitation Overview
The Department uses the MyFloridaMarketPlace
3.5.1 MyFloridaMarketPlace Vendor Registration Application
Vendors must have a revised,
current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace
Vendor Registration System at: https://vendor.myfloridamarketplace.com/. If you have not
registered, please be advised that a minimum of forty-eight (48) hours will be required for
access to the Sourcing Tool. Completion of this registration is mandatory for those vendors who
wish to submit a Response.
3.5.2 3.5.2 MyFloridaMarketPlace Sourcing Tool Training
This solicitation will be conducted
using the MyFloridaMarketPlace Sourcing Tool at: http://sourcing.myfloridamarketplace.com/.
Optional training on how to respond to this solicitation electronically is offered at:
http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm.
For all technical questions about the Sourcing Tool, Vendors should contact the
MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or:
vendorhelp@myfloridamarketplace.com.
For additional information or assistance on using the Sourcing Tool, please visit the
MyFloridaMarketPlace website at the following link:
http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm.
This site includes:
a. Solicitation User Guides
b. On Demand web-based Sourcing training link
c. WinZip FAQs
d. Vendor FAQs
.
3.5.3 MFMP Sourcing Tool Training for Respondents
An optional conference call training
session on how to use the MyFloridaMarketPlace Sourcing Tool for this ITB is scheduled on the
date indicated on the Timeline at 10:00AM EST. The Conference Call number is (888) 808-
6959. Conference Code 9214072.
Please go to:
http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/mfmp_v
endors/vendor_toolkit/mfmp_sourcing_solicitations
Contractor
and review the vendor training link and download the document titled
Training_ITB.ppt.
Please have this document open on your desktop while participating on the
call. To participate in the conference call, please call in to the number provided approximately 1
minute before the scheduled time.
No questions regarding the scope and specifications of this solicitation will be answered on this
conference call!
Additionally, an On-Demand web-based interactive training application to learn how to respond
to an event using the MyFloridaMarketPlace sourcing tool is also available. This is another
opportunity to receive training on how to use MyFloridaMarketPlace Sourcing tool if you cannot
attend the Optional training conference call or want additional guidance. The link is
http://marketplace.myflorida.com/vendor/vendor_training.htm click on Responding to Sourcing
Event.
3.5.4 MyFloridaMarketPlace Sourcing Tool Tips
When working in the Sourcing Tool, be aware of
the twenty (20) minute time-out function in the Tool. This means that you should save your work
(click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since
you last saved are not lost.
Please note that clicking the SAVE button within the Sourcing Tool only saves your solicitation
The SAVE button does not transmit your solicitation Response to the State
Responses. .
In order to transmit your solicitation Response to the State, you must click the SUBMIT button
on the SUMMARY page of the solicitation Response.
After clicking the SUBMIT button, it is th
e
submitted Response within the Sourcing Tool to verify that the Response is accurately
and completely captured within the Sourcing Tool. Respondents must do this while
there is sufficient time remaining in the solicitation period in the event you discover an
error and need to resubmit a revised Response.
To validate your Response, you should do the following before the solicitation period
ends:
submitted your Response.
Click on the Response ID number of your last submitted Response.
Review entire Response to make sure all responses are complete, accurate, and
as you intended to submit.
Minimum areas to check are:
Text boxes Is your entire answer viewable?
Yes/No questions Is the displayed answer correct?
All uploaded document files Can you open attached document(s) and clearly view
entire content? Does the content of the file(s) match your Response within the Tool
(e.g., not an earlier version, incomplete copy, or working copy)?
Pricing and Other Information Are all Prices and other information you intended to
submit visible and accurately captured within Sourcing Tool?
Required Items - Are all items listed in the solicitation completed as required within the
Sourcing Tool?
REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS
REFLECTED IN SECTION 1.2, TIMELINE.
The response deadline(s) shall be as reflected in
remaining clock is not the official submission date and time deadline, it is intended only to
approximate the solicitation closing and may require periodic adjustments.
It is strongly recommended to submit your Response as early as possible. You should
allow time to receive any requested assistance and to receive verification of your
submittal; waiting until the last hours of the solicitation could impact the timely submittal
of your Response
.
3.5.5 MyFloridaMarketPlace and Vendor Bid System Email Notification
Vendors are reminded that
tesy. The State of Florida is not
under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the
Vendors are responsible for checking the
posting, amendment, or close of solicitations.
MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System for information and updates
concerning solicitations.
3.6 Amendments or Addendums to the Solicitation Documents
The Department reserves the right to
issue Amendments or Addendums to the solicitation. Notice of any Amendment or Addendum will be
posted within MyFloridaMarketPlace and / or the Vendor Bid System. Such notice, if required, will
contain the appropriate details for identifying and reviewing the formal notices and / or changes to the
solicitation. Each Vendor is responsible for monitoring the MyFloridaMarketPlace Sourcing Tool and
the Vendor Bid System sites for new or changing information concerning the solicitation.
3.7 Estimated Quantities
To assist Respondents in the solicitation process, average estimated annual
historical spend information is provided. Spend information is based on FY 07/08 data. This figure
shall not be construed as commitments.
Estimated Annual Usage: 10 million gallons
The above figure reflects estimated annual spend generated by Eligible Users of past contracts for
similar Commodities and / or contractual services and is not a commitment.
Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be
provided by the Department in the solicitation documents. The figures provided are to assist
Respondents in the solicitation process and / or to assist the Department in evaluating, measuring, and
/ or scoring Responses to the solicitation and shall not be construed as commitments.
3.8 Submittal of Response
3.8.1 Submittal of Offer
Respondents will submit their offers via the MyFloridaMarketPlace Sourcing
Tool (https://sourcing.myfloridamarketplace.com/). The Response shall include all appropriate
pricing, discounts, documents, forms, files, question responses, and information responses
located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or
requested pricing, discounts, documents, forms, files, question responses, and information
responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this
solicitation as indicated.
In the event the Respondent submits more than one Response in the MyFloridaMarketPlace
Sourcing Tool, only the last Response received by the system shall be considered for award.
Previous Responses will not be visible to the State of Florida. Responses not submitted within
the MyFloridaMarketPlace Sourcing Tool shall be rejected. The System will require
Respondents to review the Solicitation Preparation Checklist (Section 7.1) and confirm that they
have completed all required activities before receiving the offer. The Solicitation Preparation
Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of
the solicitation are included with the solicitation Response. The Solicitation Preparation
Checklist does not have to be provided with the Response.
Each Respondent is responsible for ensuring that their offer is accurately and completely
submitted before the Solicitation Responses Due Date and Time noted on the Timeline in
Section 1.2 of the solicitation. The Department shall not consider late offers and the System will
NOT accept offers after the Solicitation Responses Due Date and Time specified in the
The Response must be accurate, complete, and submitted in the
Timeline.
MyFloridaMarketPlace Sourcing Tool, or as otherwise provided in the solicitation
documents, by the date and time specified on the Timeline or the Response shall be
deemed non-responsive
.
3.8.2 Price Sheet
Responses will be submitted in Pricing Section in the Sourcing Tool Sheet, .
3.8.3 Savings / Price Reductions
Respondent shall submit one (1) accurately completed Savings /
Price Reductions form (Section 7.3) entered electronically in the MyFloridaMarketPlace
Sourcing Tool with their Response containing the required savings information for each
Commodity offered and a method(s) for the Department to verify the savings information
Failure to provide the Savings / Price Reductions form with the Response may
provided.
result in the Respondent being deemed non-responsive.
3.8.4 Ordering Instructions
Respondent shall submit one (1) completed Ordering Instructions Form
(contained within Section 7.2, Price Sheet) with their Response identifying persons responsible
for answering questions about the Response and administering the Contract, if awarded, and
shall provide information necessary for placing orders under the Contract, if awarded. The
Ordering Instructions Form will be submitted with their response, to the Department
electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.8.1 of the
Failure to provide the Ordering Instructions Form with the Response will
solicitation.
result in the Respondent being deemed non-responsive.
3.9 Evaluation Criteria
The Department shall evaluate eligible responsive offers. Responses that do not
meet all requirements of the solicitation or fail to provide all required information, documents, or
materials may be rejected as non-responsive. Respondents whose responses, past performance, or
current status do not reflect the capability, integrity or reliability to fully and in good faith perform the
requirements of a Contract may be rejected as non-responsible. The Department reserves the right to
determine which Responses meet the requirements of this solicitation, and which Respondents are
responsive and responsible.
3.10Basis for Award
The Department intends awards to one or more (not to exceed three) responsive low
bidders on a county by county basis for each item number listed on the Price Sheets.
3.11State Objectives
Within thirty (30) calendar days following award of the Contract, if awarded, the
successful Respondent shall submit plans addr
below, to the extent applicable to the items / services covered by this solicitation.
3.11.1 Diversity
The State of Florida is committed to supporting its diverse business industry and
population through ensuring participation by minority-, women-, and service-disabled veteran
business enterprises in the economic life of the State. The State of Florida Mentor Protégé
Program connects minority-, women-, and service-disabled veteran business enterprises with
private corporations for business development mentoring. We strongly encourage firms doing
business with the State of Florida to consider this initiative. For more information on the Mentor
Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.
The State is dedicated to fostering the continued development and economic growth of small,
minority-, women-, and service-disabled veteran business enterprises. Participation by a
diverse group of Vendors doing business with the State is central to this effort. To this end, it is
vital that small, minority-, women-, and service-disabled veteran business enterprises participate
-Contractors in this solicitation.
Small, minority-, women-, and service-disabled veteran business enterprises are strongly
encouraged to contribute to this solicitation.
The Contractor shall submit documentation addressing diversity and describing the efforts being
made to encourage the participation of small, minority-, women-, and service-disabled veteran
business enterprises.
Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled
Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:
http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.
Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents
or Sub-Contractors) as a result of any award shall be provided to the Agency Purchasing Office
by the Prime Contractor on an Agency by Agency (or other Eligible User) level.
3.11.2 Environmental Considerations
The State supports and encourages initiatives to protect and
plan to support the procurement of products and materials with recycled content, and the intent
of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and
-
730.160, Florida Administrative Code. It is a requirement of the Florida Department of
Environmental Protection that a generator of hazardous waste materials that exceeds a certain
threshold must have a valid and current Hazardous Waste Generator Identification Number.
ion of its
waste.
3.11.3 Certification of Drug-Free Workplace Program
The State supports and encourages initiatives
and Contractors drug free. Section 287.087 of the
Florida Statutes provides that, where identical tie responses are received, one preference shall
be given to a response received from a Respondent that certifies it has implemented a drug-free
workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free
workplace program using the Certification of Drug-Free Workplace form included in Section 7.6
of the solicitation. The Contractor shall describe how it will address the implementation of a
drug free workplace in offering the items of the solicitation.
3.11.4 Products Available from the Blind or Other Handicapped (RESPECT)
The State supports
and encourages the gainful employment of citizens with disabilities. It is expressly understood
and agreed that any articles that are the subject of, or required to carry out, this Contract shall
be purchased from a nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same
procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this
Contract the person, firm, or other business entity carrying out the provisions of this Contract
shall be deemed to be substituted for the state agency insofar as dealings with such qualified
nonprofit agency are concerned. Additional information about the designated nonprofit agency
and the products it offers is available at http://www.respectofflorida.org.
The Contractor shall describe how it will address the use of RESPECT in offering the items of
the solicitation.
3.11.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
The State
supports and encourages the use of Florida correctional work programs. It is expressly
understood and agreed that any articles which are the subject of, or required to carry out, this
Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the
same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.;
and for purposes of this contract the person, firm, or other business entity carrying out the
provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings
with such corporation are concerned. Additional information about PRIDE and the products it
offers is available at http://www.pridefl.com.
The Contractor shall describe how it will address the use of PRIDE in offering the items of the
solicitation.
3.12Lobbying
Please reference Section 2.21 Limitation on Vendor Contact with Agency During Solicitation
Period.
Respondents are advised that the following will be included in the Contract for these services: In
accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not
expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive
branch, or any State Agency.
\[The remainder of this page is intentionally left blank (other than footer information)\]
S4.0
ECTION
GCC\[PUR1000(10/06)\]
ENERAL ONTRACT ONDITIONS
C:
ONTENTS
4.1 D.
EFINITIONS
4.2 PO.
URCHASE RDERS
4.3 PV.
RODUCT ERSION
4.4 PCATC.
RICE HANGES PPLICABLE ONLY TO ERM ONTRACTS
4.5 AQ.
DDITIONAL UANTITIES
4.6 P.
ACKAGING
4.7 ICS.
NSPECTION AT ONTRACTORS ITE
4.8 SS.
AFETY TANDARDS
4.9 ADA.
MERICANS WITH ISABILITIES CT
4.10L.
ITERATURE
4.11TD.
RANSPORTATION AND ELIVERY
4.12I.
NSTALLATION
4.13RL.
ISK OF OSS
4.14TF.
RANSACTION EE
4.15IP.
NVOICING AND AYMENT
4.16T.
AXES
4.17GR.
OVERNMENTAL ESTRICTIONS
4.18LI.
OBBYING AND NTEGRITY
4.19I.
NDEMNIFICATION
4.20LL.
IMITATION OF IABILITY
4.21SW.
USPENSION OF ORK
4.22TC.
ERMINATION FOR ONVENIENCE
4.23TC.
ERMINATION FOR AUSE
4.24FM,ND,NDD.
ORCE AJEURE OTICE OF ELAY AND O AMAGES FOR ELAY
4.25C.
HANGES
4.26R.
ENEWAL
4.27POD.
URCHASE RDER URATION
4.28A.
DVERTISING
4.29A.
SSIGNMENT
4.30AA.
NTITRUST SSIGNMENT
4.31DR.
ISPUTE ESOLUTION
4.32E,S,A.
MPLOYEES UBCONTRACTORS AND GENTS
4.33SC.
ECURITY AND ONFIDENTIALITY
4.34CE,S,OA.
ONTRACTOR MPLOYEES UBCONTRACTORS AND THER GENTS
4.35IR.
NSURANCE EQUIREMENTS
4.36WA.
ARRANTY OF UTHORITY
4.37WAP.
ARRANTY OF BILITY TO ERFORM
4.38N.
OTICES
4.39LIP.
EASES AND NSTALLMENT URCHASES
4.40PRIDE,I.(PRIDE).
RISON EHABILITATIVE NDUSTRIES AND IVERSIFIED NTERPRISES NC
4.41PABOH.
RODUCTS VAILABLE FROM THE LIND OR THER ANDICAPPED
4.42MT.
ODIFICATION OF ERMS
4.43CP.
OOPERATIVE URCHASING
4.44W.
AIVER
4.45AA.
NNUAL PPROPRIATIONS
4.46EC.
XECUTION IN OUNTERPARTS
4.47S.
EVERABILITY
\[The remainder of this page is intentionally left blank (other than footer information)\]
4.1 Definitions.
The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following
additional terms are also defined:
s the legally enforceable agreement that results from a successful solicitation. The parties
to the Contract will be the Customer and Contractor.
commodities or contractual services pursuant to a contract or that orders commodities or contractual services
UR 1001 if it meets the definition of both terms.
or software.
der the Contract (e.g.,
a formal written purchase order, electronic purchase order, procurement card, contract or other authorized
means).
4.2 Purchase Orders.
In contracts where commodities or services are ordered by the Customer via purchase
order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All
purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with
the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and
confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A
purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to
incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate
a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the
Florida Statutes.
4.3 Product Version.
model or version of the product at the time of the order, unless the Customer specifically requests in writing an
earlier model or version and the contractor is willing to provide such model or version.
4.4 Price Changes Applicable only to Term Contracts.
If this is a term contract for commodities or services,
the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single
orders. Customers should seek to negotiate additional price concessions on quantity purchases of any
products offered under the Contract. State Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the
Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the
same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall
be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in
market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser
period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting
and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall
provide conspicuous notice of the promotion.
(d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall
be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair
market value when trading equipment, and to keep accurate records of the process. For State agencies, it
may be necessary to provide documentation to the Department of Financial Services and to the agency
property custodian pursuant to Chapter 273, F.S.
(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the
Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in
the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes
particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the
volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.
4.5 Additional Quantities.
For a period not exceeding ninety (90) days from the date of solicitation award, the
Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not
to exceed the threshold for Category Two at the prices submitted in the response to the solicitation.
4.6 Packaging.
Tangible product shall be securely and properly packed for shipment, storage, and stocking in
appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra
charge for packing materials, cases, or other types of containers. All containers and packaging shall become
The Customer reserves the right to inspect, at any reasonable time with
prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with
Contract requirements and to determine whether they are adequate and suitable for proper and effective
Contract performance.
4.8 Safety Standards.
All manufactured items and fabricated assemblies subject to operation under pressure,
operation by connection to an electric source, or operation involving connection to a manufactured, natural, or
LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector.
Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard
organization, where such approvals of listings have been established for the type of device offered and
furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters
American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all
applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating
to clean air and water pollution.
4.9 Americans with Disabilities Act.
Contractors should identify any products that may be used or adapted
for use by visually, hearing, or other physically impaired individuals.
4.10 Literature.
Upon request, the Contractor shall furnish literature reasonably related to the product offered,
for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
4.11 Transportation and Delivery.
Prices shall include all charges for packing, handling, freight, distribution,
and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after
the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify
the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for
Contract cancellation and Contractor suspension.
4.12 Installation.
Where installation is required, Contractor shall be responsible for placing and installing the
product in the required locations at no additional charge, unless otherwise designated on the Contract or
pur
additional installation charges. All materials used in the installation shall be of good quality and shall be free of
defects that would diminish the appearance of the product or render it structurally or operationally unsound.
Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the
product in the proper location. Contractor shall protect the site from damage and shall repair damages or
injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling,
excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to
its original condition. Contractor shall perform installation work so as to cause the least inconvenience and
interference with Customers and with proper consideration of others on site. Upon completion of the
installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed
condition, with everything in satisfactory repair and order.
4.13 Risk of Loss.
Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance,
risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing,
processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer
shall: record any evidence of visible damage on all co
and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the
premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or
non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor
within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to
dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in
storing or effecting removal or disposition of rejected product.
4.14 Transaction Fee.
The State of Florida has instituted MyFloridaMarketPlace, a statewide
payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay
to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall,
when possible, be automatically deducted from payments to the Contractor. If automatic deduction is
not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By
submission of these reports and corresponding payments, Contractor certifies their correctness. All
such reports and payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of
any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the
Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is
specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and
CONTRACTORS
recovering reprocurement costs from the Contractor in addition to all outstanding fees.
DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE
DEPARTMENT OF MANAGER LIST AS PROVIDED IN RULE 60A-1.006, F.A.C.
4.15 Invoicing and Payment.
Invoices shall contain the Contract number, purchase order number if
applicable, and the appropriate vendor identification number. The State may require any other information
from the Contractor that the State deems necessary to verify any purchase order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the
Department of Management Services. Current guidelines require that Contractor supply electronic invoices in
lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be
submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms
EDI 810, cXML, or web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which
govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation
errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire
about the status of payments by State Agencies. The Customer is responsible for all payments under the
shall not relieve the Contractor of its obligations to the Department or to other Customers.
4.16 Taxes.
The State does not pay Federal excise or sales taxes on direct purchases of tangible personal
property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied
on employ
special contract conditions section of the solicitation or in the Contract or purchase order.
4.17 Governmental Restrictions.
If the Contractor believes that any governmental restrictions have been
imposed that require alteration of the material, quality, workmanship or performance of the products offered
under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific
restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to
cancel the Contract at no further expense to the Customer.
4.18 Lobbying and Integrity.
Customers shall ensure compliance with Section 11.062, FS and Section
216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly
or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State
officer or emp
known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction
or request of, any State officer or emplo
more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of
information may
or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for
the longer of (1) three years after the expiration of the Contract or (2) the period required by the General
Records Schedules maintained by the Florida Department of State (available at:
http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for
the reasonable costs of investigation incurred by the Inspector General or other authorized State official for
or any other agreement between the
Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall
include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses;
and expert witness and documentary fees. The Contractor shall not be responsible for any costs of
4.19 Indemnification.
The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their
officers, agents, and employees, from suits, actions, damages, and costs of every name and description,
including
property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or
subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or
damages proximately caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any
suits, a
relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right,
provided, however, that the foregoing
by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the
procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the
Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the
product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for any royalties.
contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened
action,
cost, expense, or compromise incurred or made by the State or Customer in any legal action without the
4.20 Limitation of Liability.
For all claims against the Contractor under any contract or purchase order, and
re
for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase
order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not
apply to claims arising under the Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to
another for special, indirect, punitive, or consequential damages, including lost data or records (unless the
contract or purchase order requires the Contractor to back-up data or records), even if the party has been
advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost
institutional operating savings. The State and Customer may, in addition to other remedies available to them
at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be
necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The
State may set off any liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
4.21 Suspension of Work.
The Customer may in its sole discretion suspend any or all activities under the
Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall
provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for
suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such
circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the
Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or
(2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any
additional compensation.
4.22 Termination for Convenience.
The Customer, by written notice to the Contractor, may terminate the
to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as
necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to
recover any cancellation charges or lost profits.
4.23 Termination for Cause.
The Customer may terminate the Contract if the Contractor fails to (1) deliver
the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus
endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory,
regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of
default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors
at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises
from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure
to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely
beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either,
the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products
were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.
If, after termination, it is determined that the Contractor was not in default, or that the default was excusable,
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any
other rights and remedies provided by law or under the Contract.
4.24 Force Majeure, Notice of Delay, and No Damages for Delay.
The Contractor shall not be responsible
for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its
employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor.
In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause
that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could
occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor
THE FOREGOING SHALL CONSTITUTE THE
first had reason to believe that a delay could result.
Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for
an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an
increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency,
arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is
suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer
determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or
to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the
Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products
subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the products that are the subject of the delay, which
purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.
4.25 Changes.
The Customer may unilaterally require, by written order, changes altering, adding to, or
deducting from the Contract specifications, provided that such changes are within the general scope of the
Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change
affects the cost or time of performance. Such equitable adjustments require the written consent of the
Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer
may solicit separate bids to satisfy them.
4.26 Renewal.
Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole
or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any
renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing
and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to
availability of funds.
4.27 Purchase Order Duration.
Purchase orders issued pursuant to a state term or agency contract must be
received by the Contractor no later than close of business on the last day of the contr
conditions. Purchase orders received by the contractor after close of business on the last day of the state term
or agency cont
Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid
through the performance by the Contractor, and all terms and conditions of the state term or agency contract
shall apply to the single delivery/performance, and shall survive the termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted
schedule even when such extended delivery will occur after expiration of the state term or agency contract.
For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order
specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the
Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office
within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended
delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended
state term contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of services shall not
exceed the expiration of the state term or agency contract by more than twelve months. However, if an
extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the
contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting
such pricing plans and renewals.
Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all
terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as
provided herein, and shall survive the termination of the Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the
underlying contract expires prior to the effective date of the renewal.
4.28 Advertising.
Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any
information concerning the Contract without prior written approval from the Customer, including, but not limited
to mentioning the Contract in a press release or other promotional material, identifying the Customer or the
name of the State or the Customer in any material published, either in print or electronically, to any entity that
is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service
representative.
4.29 Assignment.
The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under
the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of
the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the
contract, unless the Customer expressly waives such secondary liability. The Customer may assign the
Contract with prior written notice to Contractor of its intent to do so.
4.30 Antitrust Assignment.
The Contractor and the State of Florida recognize that in actual economic
practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida.
Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to
goods, materials or services purchased in connection with the Contract.
4.31 Dispute Resolution.
Any dispute concerning performance of the Contract shall be decided by the
Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the
Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of
receipt, the Contractor
on the petition shall be final, subject to the right to review pursuant to Chapter 120 of the Florida
Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability
to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative
dispute resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates
to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law
shall apply and the parties waive any right to jury trial.
4.32 Employees, Subcontractors, and Agents.
All Contractor employees, subcontractors, or agents
performing work under the Contract shall be properly trained technicians who meet or exceed any specified
training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of
qualification. All employees, subcontractors, or agents performing work under the Contract must comply with
all security and administrative requirements of the Customer and shall comply with all controlling laws and
regulations relevant to the services they are providing under the Contract. The State may conduct, and the
Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor,
or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any
personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in
security status, or non-
relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may
4.33 Security and Confidentiality.
The Contractor shall comply fully with all security procedures of the United
States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third
parties any confidential information obtained by the Contractor or its agents, distributors, resellers,
subcontractors, officers or employees in the course of performing Contract work, including, but not limited to,
security procedures, business operations information, or commercial proprietary information in the possession
of the State or Customer. The Contractor shall not be required to keep confidential information or material that
is publicly available through no fault of the Contractor, material that the Contractor developed independently
under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to
its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract.
4.34 Contractor Employees, Subcontractors, and Other Agents.
The Customer and the State shall take all
actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees
of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees,
subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations,
and unemployment) from an employer other than the State of Florida.
4.35 Insurance Requirements.
During the Contract term, the Contractor at its sole expense shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and
maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide
certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as
shall be through insurers
authorized or eligible to write policies in Florida.
4.36 Warranty of Authority.
Each person signing the Contract warrants that he or she is duly authorized to
do so and to bind the respective party to the Contract.
4.37 Warranty of Ability to Perform.
The Contractor warrants that, to the best of its knowledge, there is no
pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would
in any way prohibit, restrain, or diminish he
Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant
to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal
government. The Contractor shall immediately notify the Customer in writing if its ability to perform is
compromised in any manner during the term of the Contract.
All notices required under the Contract shall be delivered by certified mail, return receipt
4.38 Notices.
requested, by reputable air courier service, or by personal delivery to the agency designee identified
in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall
be delivered to the person who signs the Contract. Either designated recipient may notify the other, in
writing, if someone else is designated to receive notice.
4.39 Leases and Installment Purchases.
Prior approval of the Chief Financial Officer (as defined in
Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-
purchase agreement in excess of the Category Two amount established by section 287.017 of the
Florida Statutes.
4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
Section 946.515(2), F.S.
requires the following statement to be included in the solicitation: "It is expressly understood and agreed that
any articles which are the subject of, or required to carry out, the Contract shall be purchased from the
corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the
same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the
Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed
to be substituted for the agency insofar as dealings with such corporation are concerned." Additional
information about PRIDE and the products it offers is available at http://www.pridefl.com.
4.41 Products Available from the Blind or Other Handicapped.
Section 413.036(3), F.S. requires the
following statement to be included in the solicitation: "It is expressly understood and agreed that any articles
that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the
Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same
manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for
purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract
shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency
are concerned." Additional information about the designated nonprofit agency and the products it offers is
available at http://www.respectofflorida.org.
4.42 Modification of Terms.
The Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions between the Customer and the Contractor. The
Contract may only be modified or amended upon mutual written agreement of the Customer and the
Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the
Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid
or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by
affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms,
Contractor for payment. The Customer's acceptance of product or processing of documentation on forms
furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed
modification to terms and conditions.
4.43 Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the
Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein.
Non-Customer purchases are independent of the agreement between Customer and Contractor, and
Customer shall not be a party to any transaction between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the provisions of s.
287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the
requestor's use of the contract is cost-effective and in the best interest of the State.
4.44 Waiver.
The delay or failure by the Customer to exercise or enforce any of its rights under this Contract
any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of
any other right.
4.45 Annual Appropriations.
contingent upon an annual appropriation by the Legislature.
4.46 Execution in Counterparts.
The Contract may be executed in counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
4.47 Severability.
If a court deems any provision of the Contract void or unenforceable, that provision shall be
enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other
provisions shall remain in full force and effect.
\[The remainder of this page is intentionally left blank (other than footer information)\]
S5.0
ECTION
SC
PECIAL ONDITIONS
C:
ONTENTS
5.1 D
EFINITIONS
5.2 PA
ERIOD OF GREEMENT
5.3 CD
ATALOG ATA
5.4 OII
RDERING NSTRUCTIONS NFORMATION
5.5
TRANSACTION FEE REPORTS
5.6 SS
ALES UMMARY
5.7 CL
OMPLIANCE WITH AWS
\[The remainder of this page is intentionally left blank (other than footer information)\]
5.1 Definitions T
he Definitions found and referenced in the General Contract Conditions \[PUR1000
(10/06)\], Section 4.1, and the Definitions found and referenced in Section 3.3, Definitions, shall apply to
this Section.
5.2 Period of Agreement
The State Term Contract shall be in effect beginning on the Contract Formation
date, per Section 2.17, and end June 30, 2014. This agreement has the option to renew in accordance
with Section 287.057 (13), F.S.
Renewal is contingent upon satisfactory performance by the Contractor and final approval by the
Department.
5.3 Catalog Data
-party service provider is responsible for
converting Contract catalog information into a format supported by the System. To accomplish this
conversion, the Contractor shall provide certain information in electronic format directly to the Service
Within ten (10) business days of written notice from the Service Provider, Contractor shall provide all
information necessary to facilitate electronic purchases from this Contract. Such information may
include, but is not limited to, Contractor Name, Commodity Description (using complete Contract Price
Sheet Description), unit of measure, and Contract Price. Contractor shall provide this information in the
format required by the Service Provider. No costs or expenses associated with providing this
information shall be charged to the Department, Eligible Users, or Service Provider. With the
y assistance, the Service Provider shall create and maintain web-based placement of
the requested Contract information.
5.4 Ordering Instructions Information
Completed Ordering Instructions shall be uploaded into Section
7.2, Ordering Instructions.
The Ordering Instructions contained within Section 7.2, Ordering Instructions, will contain current
information relevant to the acquisition of Commodities under the Contract. This information shall
entifying number with their contact
Remit-To Address, and a list of Department maintained instructions to assist Eligible Users in placing
orders under the Contract.
The Contractor shall notify the Department of a requested change to the Ordering Instructions in writing
and received by the Contract Administrator no later than five (5) business days prior to the effective
date of the proposed change. The Department may accept or reject any proposed change, or may
unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or will
best assist Eligible Users.
5.5 Transaction Fee Reports:
The Contractor is required to submit monthly Transaction Fee Reports in
electronic format. For information on how to submit Transaction Fee Reports online, please reference
the detailed fee reporting instructions and Vendor training presentations available online at the
Transaction Fee Reporting and Vendor Training subsections under Vendors on the
MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also
available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service
Desk at feeprocessing@myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the
hours of 8:00 AM to 5:30 PM Eastern Time.
5.6 Sales Summary Reports
In addition to the MFMP Transaction Fee reporting requirements the following minimum data shall be
reported by the Contractor to the Department on an annual Contract basis:
The report shall be in MS Excel (version 2003 or later)
name
Reporting period
Format shall include columns for the following information:
State Agency Name or Eligible User Name
1. Type of fuel
2. Number of gallons
3. Total dollar value of purchases
Failure to provide quarterly reports, including no sales, within thirty (30) calendar days following the end
of each Contract year may result in the Contractor being found in default and the subsequent
cancellation of the Contract by State Purchasing.
Contractor shall report to the Department its Contract-associated spend with both certified and non-
Reports must include the period covered;
the name, minority code, and Federal Employer Identification Number of each MBE utilized during the
period; commodities and services provided by the (C)MBE; and the amount paid to each (C)MBE on
behalf of each purchasing agency ordering under the terms of this Contract.
Submission of Contract Sales Summaries is the responsibility of the Contractor, without prompting or
notification by the Purchasing Analyst. The Contractor will submit the completed Contract Sales
Summary forms by email to the Contract Manager. The Department shall distribute, in electronic
format, the Contract Sales Summary forms to be used by the awarded Contractor upon Contract
signature.
5.7 Compliance with Laws
The Contractor shall comply with all laws, rules, codes, ordinances, and
licensing requirements that are applicable to the conduct of its business, including those of Federal,
State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter
287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract.
By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the
Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against
discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or
of such laws shall be grounds for Contract termination.
\[The remainder of this page is intentionally left blank (other than footer information)\]
S6.0
ECTION
TS
ECHNICAL PECIFICATIONS
Contents
6.01Definitions
6.02Deliverables
6.03Scope of Work
6.04Fuel Sites and Accessibility
6.05Delivery of Fuel
6.06Fault and Responsibility
6.07Measurements
6.08Fuel Terminals
6.09Minimum Delivery
6.10Prices
6.11Markup
6.12Allowable Charges
6.13Invoicing and Payment
6.14Maintenance
6.15Taxes
6.16DTN FastRacks
6.17Fuel Permits
6.18Schedule and Damages
6.19Federal and State Standards
6.20Specifications
6.1 Definitions:
The Parties agree that capitalized terms shall have the meaning ascribed below:
shall mean an alternative Fuel consisting of an ultra low sulfur no. 2 diesel fuel and a
requested blend of soybean oil.
-9000
a cooperative and voluntary program for the accreditation of producers and marketers of
biodiesel fuel created by the National Biodiesel Accreditation Program.
DTN FastRacks Averages
shall mean the fuel pricing service provided by the Data Transmission
Network, an industry benchmark for pricing Fuel and other commodities. This Contract shall use the
daily rack averages as established by the DTN FastRacks Averages. Fuel prices are listed for
terminals by regions in reports called PAD Reports. The State of Florida uses terminals listed in the
PAD 1 Report (DTN Fastracks). Fuel terminals are more particularly detailed in section 6.08.
shall mean any Fuel product obtained through this Contract. Fuel product shall include
unleaded E10 gasoline, Ultra Low Sulfur no. 2 diesel, Ultra Low Sulfur no. 2 off road, dyed diesel and
biodiesel to be delivered to State and Customer facilities as defined in section 6.09.
and Customer facilities as more particularly detailed in section 6.10. Markup will mean both positive
and negative numbers. Markups may differ based on where the Fuel is obtained according to the Fuel
terminals and actual type of Fuel ordered. Markup for Fuel shall be on a price per gallon basis. The
Contractor shall assess no other fees associated with the delivery of Fuel except as more particularly
detailed in section 6.12.
shall mean a delivery by a transport truck with a minimum delivery of 8,000
gallons for gasoline, 7,200 gallons for diesel and 7,200 gallons for a combination load of gasoline and
diesel.
.
6.2 Deliverables:
The Contractor shall deliver the following product, as more particularly detailed in
sections 6.03 to 6.20.
6.3 Scope of Work:
This Contract is to provide Fuel for the State and Customers in the State of Florida.
The Department seeks to improve quality and efficiency of services delivered, improve Customer
services and reduce cost. The Contractor must efficiently provide Fuel to meet the requirements of the
Customer. The bidder must meet the following requirements:
Fuel will be available to all eligible Customers in the State of Florida. (It is anticipated that
Customers will use approximately 10,000,000 gallons annually under the resulting Contract, if any.)
Fuel costs will be determined based on the daily DTN FastRacks Averages from the closest
ter
distributed each morning. Biodiesel costs will use the above plus the published Monday price for
soybean oil in the Tuesday edition of the Wall Street Journal. Price is more particularly detailed in
section 6.10.
Markups will be established for each type of Fuel for each county based on the minimum delivery
requirements as detailed in section 6.09. Customer facilities, located in each county, will use the
same Markups based on their requirements. Markup for Fuel shall be based on a price per gallon
basis.
Fuel costs shall exclude any taxes and/or fees that the Customer is exempt from paying. All Fuel
costs will include the DTN FastRacks Averages, the Contract
and/or petroleum associated fees allowed. Other service/delivery charges may apply as detailed in
sections 6.10 and 6.12.
The invoice price shall reflect the actual date of delivery.
6.04Fuel Sites and Accessibility:
All Customer tanks shall be properly equipped to enable Contractor to
safely deliver Fuel. The Contractor shall notify Customer of all situations that may be deemed unsafe.
A Contractor may refuse to deliver Fuel to an unsafe Fuel site until the safety issue is resolved. A back
haul charge may apply if a Contractor attempts to deliver Fuel and the Fuel site is deemed unsafe. The
Customer shall be responsible for having proper equipment installed. Customer shall work with
Contractor making a delivery to assure that the Contractor has proper accessibility to all tanks being
fueled. Customer may be subject to an excessive delay charge if Contractor has to wait more than 30
minutes to begin Fuel delivery. These charges are listed in section 6.12.
6.05Delivery of Fuel:
notification is received unless specified otherwise by the Customer. For new accounts, the Contractor
will be allowed additional time to enter all required account information into their ordering/billing system
to establish the new account. This time will be agreed upon by the Customer and the Contractor. The
State prefers that vehicles equipped with meters make delivery. If non-metered vehicles are used, the
driver shall leave a metered loading report from the terminal with the Customer. If temperature
corrected billing is used, the loading report shall give all pertinent information. Customer may be
subject to a service charge if request is for same day delivery. This charge is listed in section 6.12.
Before unloading of Fuel begins, Customer personnel and Contractor personnel shall measure the
be sub
hold upon delivery and a portion of the Fuel ordered has to be returned. This charge is listed in section
6.12.
Scheduled delivery service is for delivery of Fuel
time frame as agreed upon by the Contractor and Customer.
6.06Fault And Responsibility:
The party at fault will be responsible for all direct costs incurred to correct a
problem. Problems may include but not limited to misorders by Customer, Fuel spills, delivering wrong
Fuel to Customer by Contractor, cross-
6.07Measurements:
Customary measurements appearing in these specifications are not intended to
preclude bids for commodities with metric measurements.
6.08Fuel Terminals:
Price will be determined using the DTN FastRacks Average price for the closest
appropriate terminal, on the date of delivery to the Customer, regardless of when or where the
Contractor actually obtained Fuel. The following terminals are used to refer to the DTN FastRacks
Average prices:
Jacksonville
Miami
Orlando
Panama City
Pensacola
Tampa
Bainbridge, GA
6.09Minimum Delivery:
Minimum delivery on this Contract shall 8,000 gallons for a Transport Delivery for
gasoline; 7,200 gallons for a Transport Delivery for diesel; and 7,200 gallons for a combination load
Transport Delivery of gasoline and diesel.
6.10Prices:
Prices shall be submitted on Customer invoices as follows:
Fuel Cost shall be determined by the date and county in which delivery of Fuel is made. Fuel cost
shall include:
Gasoline and Diesel: Prices will be calculated using the following information:
o
DTN FastRacks Average daily price as determined by the closest appropriate terminal for
Fuel.
Fuel is made.
All applicable Fuel taxes and/or petroleum associated fees as determined by the county in
which delivery of Fuel is made.
All applicable delivery and/or service charges as allowed.
Biodiesel: Biodiesel prices shall be determined by the date and county in which delivery of Fuel is
made. Biodiesel prices will be calculated using the following information:
DTN FastRacks Averages daily price as determined by the closest appropriate terminal for
Ultra Low Sulfur no. 2 diesel. This daily price will be used to calculate the diesel portion
charged by the Contractor for Biodiesel.
The published Monday closing price for soybean oil, as printed in the Tuesday edition of the
Wall Street Journal weekly price will
be used to calculate the bio portion of the total charged by the Contractor for Biodiesel.
This price is listed in pounds and will be converted to gallons using the following conversion
equivalence:
7.35 lbs = 1 gallon
This weekly price will be used to make up the remainder of the total charged by the
Contractor for Biodiesel.
Sample Calculations:
B20 whole sale price = 0.80 times the price for ultra low sulfur no. 2 diesel plus 0.20 times
the price for soybean oil.
B10 whole sale price = 0.90 times the price for ultra low sulfur no. 2 diesel plus 0.10 times
the price for soybean oil.
B5 whole sale price = 0.95 times the price for ultra low sulfur no. 2 diesel plus 0.05 times the
price for soybean oil.
Price will be in effect on the published date through the next published date. If no Monday price
is published, then the next available published price will apply (Tuesday, Wednesday, etc.).
Fuel is made.
All applicable Fuel taxes and/or petroleum associated fees as determined by the county in
which delivery of Fuel is made.
All applicable delivery and/or service charges as allowed.
While it is anticipated that 90+% of the Biodiesel purchased by the State will be B20, the
vendor must be willing to delivery any requested blend. The Customer and the Contractor
agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds
the stated prices included in the Contract. The Contractor agrees that the price charged to
the Customer shall be subject to audit, and the Contractor shall make any and all records
supporting the invoiced prices available for inspection, upon written request by the
Customer
The Customer and the Contractor agree that the Contractor is prohibited from negotiating or billing in a
manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price
charged to the Customer shall be subject to audit, and the Contractor shall make any and all records
supporting the invoiced prices available for inspection, upon written request by the Customer.
6.11Markup:
The Markup shall be noted on the Price Sheet as follows:
Discount Markup -
-
Markup All other prices will be construed as a positive number for the Markup.
The Markup or Discount Markup may include the Contractor's profit and any other costs the Contractor wishes to
include. The Transaction Fee required by section 4.14 shall also be included in the Markup or Discount Markup.
Prices shall be per gallon for the Markup or Discount Markup.
6.12Allowable Charges:
The Contractor may assess the following charges on the invoice:
Delivery charge as allowed as described in section 6.09.
Freight charges will apply on all Transport Deliveries. Charge will apply to Transport Delivery as
defined in section 6.09 or to the actual gallons delivered.
Pump off charge for Transport Delivery, $20.00. May be charged more than once if Transport
Delivery truck is required to relocate to deliver to additional tanks. Maximum pump off charge,
$50.00 per Transport Delivery.
Excessive delay charge if Contractor has to wait more than 30 minutes to begin Fuel delivery. Will
be charged $5.00 per 15 minute increment past the initial 30 minutes.
Back haul charge if Customer orders more than tanks can hold. Charge will vary per incident.
6.13Invoicing and Payment:
The Contractor agrees to be paid upon submission of properly certified
invoices to the Customer for Fuel purchased as defined in section 6.10 of this solicitation document.
Invoices shall be submitted to the Customer for each delivery made. The Contractor shall submit
invoices for Fuel in sufficient detail for a proper preaudit and postaudit thereof, pursuant to section
287.058 of the Florida Statutes. The Customer agrees that payments to the Contractor will be made in
accordance with section 215.422 of the Florida Statutes, and chapter 55 of the Florida Statutes.
6.14Maintenance:
The Customer shall maintain all tanks and dispensing equipment associated with their
facility in good working order for the duration of the Contract.
6.15Taxes:
Invoice Fuel prices are not to include any State of Florida and/or Federal taxes from which the
State and/or Customer is exempt. Any questions regarding applicable Fuel taxes may be directed to
the Department of Revenue at (850) 488-2900.
6.16DTN FastRacks:
The Contractor and Customer may subscribe to the DTN FastRacks Averages by
at 1-800-779-5775, option 2. Ask for the State of Florida Contract
subscription.
6.17Fuel Permits:
The State and/or Customer will be responsible for all facility required permits pertaining
to Fuel storage and handling in accordance with all local, state and federal laws.
6.18Schedule and Damages:
The Contractor agrees to pay any and all actual damages in the event of a
default by Contractor due to late completion of services. The Contractor shall reimburse the Customer
for any and all reprocurement
well any and all out-of-pocket expenses the Customer directly or indirectly incurs related to the late
delivery and/or completion of the services.
6.19Federal and State Standards:
It is the intent of the Department that all specifications herein are in full
and complete compliance with all Federal and State of Florida laws and regulations applicable to the
type and class of Commodity being provided. This includes, but is not limited to, Federal Motor
the type and class of Commodity being provided. In addition, any Federal or State legislation that
should become effective during the term of the Contract, including any renewals, regarding equipment
safety or emissions shall immediately become a requirement of the Contract. The Contractor must
meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the
Delivery of non-conforming product
Contractor must contact the Contract Administrator immediately.
shall be cause for Contract termination and possible Contractor suspension
.
6.20Diesel and Gasoline Specifications:
The Contractors will provide gasoline, diesel and/or Biodiesel
per the following specifications:
6.20.1 405-120-250-0600 Biodiesel Fuel, Blend
Blend of biodiesel and a percentage percent ultra-
,
low sulfur petroleum diesel, for use in over the road diesel enginemeeting the A.S.T.M
specification D6751 for pure biodiesel shall consist of mono-alkyl esters of long chain fatty acids
derived from new and used vegetable oils and animal fats, designated B100, before blending
with grade no. 2-D low petroleum diesel per A.S.T.M. specification D975, final product shall
comply with Florida Department of Agriculture and Consumer Services inspection laws. Certified
under the BQ9000 quality program. To be delivered as ordered via transport truck in full loads,
minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F. temperature on
transport delivery. The freight charge will apply to the difference in gallons, between the
minimum gallons listed and the gallons actually delivered.
.
Freight charges will not be included in the Transport Delivery Markup
6.20.2 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel
, grade no. 2-D (.0015 mass % sulfur, 40
cetane min.), for use in over the road diesel engine, per A.S.T.M. specification D975,
complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001.
To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 gallons.
Billing to be adjusted to 60 degrees F. temperature on transport delivery.
.
Freight charges will not be included in the Transport Delivery Markup
6.20.3 405-120-270-0030 Ultra Low Sulfur Fuel Diesel Fuel, Red Dye, Grade No. 2-D
for use in off
the road diesel engine, per A.S.T.M. specification D975, Grade # 2 S15 complying with Florida
Department of Agriculture and Consumer Services standards 5F-2.001. It shall have a
minimum cetane number of 40 using ASTM D613. To be delivered as ordered via transport
truck in full loads, minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F.
temperature on transport delivery.
.
Freight charges will not be included in the Transport Delivery Markup
6.20.4 405-220-930-7800 Gasoline E10, Unleaded 87 Octane:
, Conforming to Florida Administrative
Code 5F-2.001, Florida Department of Agriculture and Consumer Services. To be delivered as
ordered via transport truck in full loads, minimum delivery 8,000 Gallons.
.
Freight charges will not be included in the Transport Delivery Markup
S7.0
ECTION
F
ORMS
C:
ONTENTS
7.1 SPC
OLICITATION REPARATION HECKLIST
7.2 OI
RDERING NSTRUCTIONS
7.3 S/PR
AVINGS RICE EDUCTIONS
7.4 CSP
ONTRACT IGNATURE AGE
(PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT
REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE. HOWEVER,
SHOULD THE DEPARTMENT DETERMINE TO MAKE AWARD, SUBMITTAL OF THIS
DOCUMENT SHALL BE REQUIRED. ANY SUBMITTED ORIGINAL(S) SHALL BE
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES)
7.5 CD-FW
ERTIFICATION OF RUGREE ORKPLACE
\[The remainder of this page is intentionally left blank (other than footer information)\]
7.1 Solicitation Preparation Checklist
The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their
response. The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of
ensuring that all requirements of this solicitation are included with submittal of their response. Check off each
of the following as you comply:
The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting
and payment requirements as specified in the requirements, terms, and conditions of all
previous or existing agreements with State of Florida agencies.
Download, read, and understand the entire solicitation, including all attachments (ITB No. 21-
405-000-X; Bulk Fuel, Gasoline and Diesel: Sections 1.0 through 7.5 of the solicitation, and the
MyFloridaMarketPlace RFX Info tab contents).
Reviewed the Timeline, Section 1.2 of the solicitation.
If necessary, reviewed the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or
received assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO
(866-352-3776) or vendorhelp@myfloridamarketplace.com.
Submitted any questions to the MyFloridaMarketPlace Q&A Board (no later than as specified in
the Timeline, Section 1.2 of the solicitation).
Viewed answers to submitted questions as posted in any Addendum or Amendment to the
solicitation on the MyFloridaMarketPlace Sourcing Tool and / or Vendor Bid System.
Responded and submitted ITB response in MyFloridaMarketPlace sourcing tool in accordance
with Solicitation Timeline.
Provided answers to all required questions within the MyFloridaMarketPlace Sourcing Tool.
Submitted response using the MyFloridaMarketPlace Sourcing Tool.
®
David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP
PA
URCHASING NALYST
DSP
IVISION OF TATE URCHASING
DMS
EPARTMENT OF ANAGEMENT ERVICES
4050EW,S360
SPLANADE AY UITE
T,FL32399-0950
ALLAHASSEE
The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all
requirements of this solicitation are included with submittal of their response. See the complete requirements,
specifications, terms, and conditions of the solicitation for details.
7.2 Ordering Instructions
Bulk Fuel, Gasoline and Diesel
ITBN.21-405-000-X
O
VENDOR NAME:
VENDOR TAX ID NUMBER:
Ordering Information:
must
Please provide the following information about where Customers should direct orders. You provide a
regular mailing address and email address. If equipped to receive purchase orders electronically, you may
also provide an Internet address.
Name:
Title:
Street Address or P.O. Box:
City, State, Zip:
Email Address:
Phone Number:
Toll Free Number:
Ordering Fax Number:
Internet Address:
Federal ID Number:
Remit Address:
City, State, Zip:
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name:
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Please identify the person who will be responsible for maintaining your electronic catalog information through
MyFloridaMarketPlace.
Name:
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Please be advised that vendors are responsible for verifying and maintaining the correct contact and address information within their
MyFloridaMarketPlace vendor registration account. Failure to do so may result in the vendor being deemed ineligible to conduct
business with the State of Florida.
7.3 Savings/Price Reductions
Bulk Fuel, Gasoline and Diesel
ITBN.21-405-000-X
O
DATE
required
The Respondent is to furnish the percent (%) savings in prices offered compared to retail, list,
published or other usual and customary prices that would be paid by the purchaser without benefit of a contract
resulting from this bid.
COMPETITIVE PRICES OFFERED PROVIDE THE FOLLOWING PERCENTAGE OF SAVINGS:
HOW CAN WE VERIFY THE CLAIMED SAVINGS
(example: retail or other usual and customary prices
published at \[URL\], or other source of benchmark prices)?
AUTHORIZED SIGNATURE:
TELEPHONE NUMBER:
BIDDER/RESPONDENT NAME:
IF CONTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOLLOWING STEPS
TO VERIFY SAVINGS:
WHAT WERE THE RESULTS?
PURCHASING ANALYST/SPECIALIST:
PUR 7064 (Rev 2/04)
7.4 C O N T R A C T
Bulk Fuel, Gasoline and Diesel
ITBN.21-405-000-X
O
This Contract, effective the last date signed below, is by and between the State of Florida,
4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor
The 21-405-000-X, Bulk Fuel, Gasoline and
Diesel.
accordance with the terms and conditions of the solicitation. The specific products awarded to Contractor, and
the maximum rates Contractor may charge Eligible Customers, are identified on the attached Price Sheets.
Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department
and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section
287.042(2)(a) of the Florida Statutes (2001). The term of the Contract begins on the Effective Date, with the
initial contract term ending June 30, 2014. The Contract consists of the following documents, which, in case of
conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth:
Any written amendments to the Contract
This document, including Price Sheets
Technical Specifications
Special Conditions
General Contract Conditions (PUR 1000)
Special Instructions to Respondents
General Instruction to Respondents (PUR 1001)
Any Purchase Order under the Contract
___________________________________________
State of Florida, Date
Department of Management Services
By: Linda H. South, Secretary
Contractor Name: (Seal)
Street Address or P.O. Box:
City, State, Zip:
___________________________________________
By:Date
Its:
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: American Homegrown Fuel Corporation (A)
Organization FEID Number: 06-1711629
MFMP / SPURS Vendor Number: 06-1711629-001
Street Address: 13852 Waterchase Way
City, State, and Zip: Jacksonville, FL 32224-0806
E-mail Address: john@fcbio.com
Internet Address: http://www.fcbio.com
Telephone Number: 904-525-3835
Toll-Free Number: n/a
Fax Number: 309-415-9093
Remit Address:
Organization Name: American Homegrown Fuel Corporation
Remit-To Street Address: 13852 Waterchase Way
Remit-To City, State, Zip: Jacksonville, FL 32224-0806
Contract Administrator:
Name: John Magwood
Title: President
Street Address: 13852 Waterchase Way
City, State, and Zip: Jacksonville, FL 32224-0806
E-Mail Address: john@fcbio.com
Telephone Number: 904-525-3835
Toll-Free Number: n/a
Cell Phone Number (Optional): n/a
Fax Number: 309-415-9093
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Eli Roberts and Sons, Inc (A)
Organization FEID Number: 59-3232755
MFMP / SPURS Vendor Number: 59-3232755-001
Name: Elaine Lawrence
Title: Dispatcher
Street Address: 2195 Lake Bradford Road
City, State, and Zip: Tallahassee, Florida 32310
E-mail Address: elaine@eliroberts.com
Internet Address: n/a
Telephone Number: 850-576-3145
Toll-Free Number: n/a
Fax Number: 850-574-3788
Remit Address:
Organization Name: Eli Roberts and Sons, Inc
Remit-To Street Address: 2195 Lake Bradford Road
Remit-To City, State, Zip: Tallahassee, Florida 32310
Contract Administrator:
Name: Fonda Neel
Title: Account Manager
Street Address: 2195 Lake Bradford Road
City, State, and Zip: Tallahassee, Florida 32310
E-Mail Address: fonda@eliroberts.com
Telephone Number: 850-576-3145
Toll-Free Number: n/a
Cell Phone Number (Optional): n/a
Fax Number: 850-574-3788
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: G. W. Hunter, Inc. (A)
Organization FEID Number: 59-1615975
MFMP / SPURS Vendor Number: 59-1615975-001
Name: Terry L. Hunter
Title: President
Street AddressPO Box 958
:
City, State, and ZipLake City, FL 32056
:
E-mail Address: tlhunter@gwhunterinc.com
Internet Address: n/a
Telephone Number: 386-752-5890
Toll-Free Number: n/a
Fax Number: 386-755-5510
Remit Address:
Organization Name: G. W. Hunter, Inc.
Remit-To Street Address: PO Box 958
Remit-To City, State, Zip: Lake City, FL 32056
Contract Administrator:
Name: Terry L. Hunter
Title: President
Street Address: PO Box 958
City, State, and Zip: Lake City, FL 32056
E-Mail Address: tlhunter@gwhunterinc.com
Telephone Number: 386-752-5890
Toll-Free Number: n/a
Fax Number: 386-755-5510
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Jim Hinton Oil Co., Inc. (A)
Organization FEID Number: 59-1275843
MFMP / SPURS Vendor Number: 59-1275843-011
Name: Bill Bozeman
Title: Operations Manager
Street Address204 North East Haines St.
:
Street Address: P O Box 39
City, State, and ZipLive Oak, FL 32064
:
E-mail Address: bbozeman@hintonoil.com
Internet Address: n/a
Telephone Number: 386-362-2935
Toll-Free Number: 800-361-2935
Fax Number: 386-362-5961
Remit Address:
Organization Name: Jim Hinton Oil Co., Inc.
Remit-To Street Address: 204 North East Haines St
Remit-To City, State, Zip: Live Oak, FL 32064
Contract Administrator:
Name: Garry Vann
Title: Sales Manager
Street Address: 204 North East Haines St
City, State, and Zip: Live Oak, FL 32064
E-Mail Address: gvann@hintonoil.com
Telephone Number: 386-590-6231
Toll-Free Number: 800-361-2935
Fax Number: 386-362-5961
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: J.V. Gander Distributors, Inc. (A)
Organization FEID Number: 59-1986161
MFMP / SPURS Vendor Number: 59-1986161-004
Name: Jim Gander
Title: Vice President
Street Address319 Water Street
:
P. O. Box Address
: P. O. Box 70
City, State, and ZipApalachicola, FL 32320
:
E-mail Address: jim@jvgander.com
Internet Address: http://www.jvgander.com
Toll-Free Number: 866-653-8889
Telephone Number: 850-653-8880
Fax Number: 850-653-9818
Remit Address:
Organization Name: J.V. Gander Distributors, Inc.
Remit-To Street Address:
P. O. Box 70
Remit-To City, State, Zip: Apalachicola, FL 32320
Contract Administrator:
Name: Jim Gander
Title: Vice President
Street Address319 Water Street
:
P. O. Box Address
: P. O. Box 70
City, State, and ZipApalachicola, FL 32320
:
E-Mail Address: jim@jvgander.com
Toll-Free Number: 866-653-8889
Telephone Number: 850-653-8880
Fax Number: 850-653-9818
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: L.V. Hiers, Inc. (A)
Organization FEID Number: 59-2011260
MFMP / SPURS Vendor Number: 59-2011260-001
Name: Andy Stone
Title: Vice President
Street Address253 East Florida Avenue
:
P. O. Box Address: P. O. Box 1229
City, State, and ZipMacclenny, FL 32063
:
E-mail Address: astone@lvhiers.com
Internet Address: http://www.lvhiers.com/
Telephone Number: 904-259-2314
Toll-Free Number: n/a
Fax Number: 904-259-4518
Remit Address:
Organization Name: L.V. Hiers, Inc.
Remit-To Street Address: P. O. Box 1229
Remit-To City, State, Zip: Macclenny, FL 32063
Contract Administrator:
Name: Andy Stone
Title: Vice President
Street Address253 East Florida Avenue
:
P. O. Box Address: P. O. Box 1229
City, State, and ZipMacclenny, FL 32063
:
E-mail Address: astone@lvhiers.com
Telephone Number: 904-259-2314
Fax Number: 904-259-4518
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Macmillan Oil Company of Florida, Inc. (O)
Organization FEID Number: 59-0648243
MFMP / SPURS Vendor Number: 59-0648243-001
Name: Eduardo Rodriguez
Title: General Sales Manager
Street Address2955 East 11th Avenue
:
City, State, and ZipHialeah, FL 33013
:
E-mail Address: eduardo@macmillanoil.net
Internet Address: n/a
Telephone Number: 305-283-8580
Toll-Free Number: n/a
Fax Number: 305-691-7817
Remit Address:
Organization Name: Macmillan Oil Company of Florida, Inc.
Remit-To Street Address: 2955 East 11th Avenue
Remit-To City, State, Zip: Hialeah, FL 33013
Contract Administrator:
Name: Eduardo Rodriguez
Title: General Sales Manager
Street Address2955 East 11th Avenue
:
City, State, and ZipHialeah, FL 33013
:
E-mail Address: eduardo@macmillanoil.net
Telephone Number: 305-283-8580
Fax Number: 305-691-7817
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Mansfield Oil Company (A)
Organization FEID Number: 58-1091383
MFMP / SPURS Vendor Number: 58-1091383-001
Name: Bill Hammond
Title: Customer Service Supervisor
Street Address1025 Airport Parkway, S.W.
:
City, State, and ZipGainesville, Georgia 30501
:
E-mail Address: BHammond@MansfieldOil.com
Internet Address: www.mansfieldoil.com
Toll-Free Number: 800-255-6699 ext. 2082
Telephone Number: 678-450-2135
Fax Number: 800-283-3835
Remit Address:
Organization Name: Mansfield Oil Company
Remit-To Street Address: P. O. Box 934067
Remit-To City, State, Zip: Atlanta, GA 30501
Contract Administrator:
Name: Ginger McDaniel
Title: Government Sales Analyst
Street Address1025 Airport Parkway, S.W.
:
City, State, and ZipGainesville, Georgia 30501
:
E-Mail Address: GMcDaniel@MansfieldOil.com
Toll-Free Number: 800-255-6699 ext. 2135
Telephone Number: 678-450-2135
Fax Number: 678-450-2280
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Petroleum Traders Corporation
Organization FEID Number: 35-1462227
MFMP / SPURS Vendor Number: 35-1462227-001
Name: Gayle Newton & Contract Sales Staff
Title: Contract Sales Manager
Street Address7120 Pointe Inverness Way
:
City, State, and ZipFort Wayne, IN 46804-7928
:
E-mail Address: gnewton@petroleumtraders.com
Internet Address: www.petroleumtraders.com
Toll-Free Number: 800-348-3705 x1002
Telephone Number: 260-432-6622 x1002
Fax Number: 260-207-6347
Remit Address:
Organization Name: Petroleum Traders Corporation
Remit-To Street Address: 7120 Pointe Inverness Way
Remit-To City, State, Zip: Fort Wayne, IN 46804-7928
Contract Administrator:
Name: Gayle Newton
Title: Contract Sales Manager
Street Address7120 Pointe Inverness Way
:
City, State, and ZipFort Wayne, IN 46804-7928
:
E-mail Address: gnewton@petroleumtraders.com
Toll-Free Number: 800-348-3705 x1002
Telephone Number: 260-432-6622 x1002
Fax Number: 260-207-6347
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Port Consolidated Corporation (A)
Organization FEID Number: 59-1173292
MFMP / SPURS Vendor Number: 59-1173292-001
Name: Fay Francisco
Title: Customer Service
Street Address3141 SE 14th Ave.
:
P. O. Box Address: P. O. Box 350430
City, State, and Zip Fort Lauderdale, FL 33335-0430
:
E-mail Address: ffrancisco@portconsolidated.com
Internet Address: http://www.portconsolidated.com
Toll-Free Number: 800-683-5823
Telephone Number: 954-522-1182
Fax Number: 954-527-1191
Remit Address:
Organization Name: Port Consolidated Corporation
Remit-To Street Address: P. O. Box 350430
Remit-To City, State, Zip: Fort Lauderdale, FL 33335-0430
Contract Administrator:
Name: Don Carlton
Title: Vice -President
Street Address3141 SE 14th Ave.
:
City, State, and Zip Fort Lauderdale, FL 33316
:
E-Mail Address: dcarlton@portconsolidated.com
Toll-Free Number: 800-683-5823
Telephone Number: 954-522-1182
Fax Number: 954-527-1191
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: SMF Energy Corporation
Organization FEID Number: 65-0707824
MFMP / SPURS Vendor Number: 65-0707824-002
Name: James Almeida or Melanie Marauszwski
Title: Inside Sales
Street Address200 West Cypress Creek Road, Suite 400
:
City, State, and ZipFort Lauderdale, Florida 33309
:
E-mail Address: jalmeida@mobilefueling.com or mmarauszwski@mobilefueling.com
Internet Address: www.mobilefueling.com
Toll-Free Number: 800-383-5734
Telephone Number: 954-308-4198
Fax Number: 954-308-4221
Remit Address:
Organization Name: SMF Energy Corporation
Remit-To Address: P. O. Box 932640
Remit-To City, State, Zip: Atlanta, GA 31193-2640
Contract Administrator:
Name: Steve Leavitt
Title: Vice-President of Marketing and Sales
Street Address: 200 West Cypress Creek Road, Suite 400
City, State, and Zip: Fort Lauderdale, Florida 33309
E-Mail Address: sleavitt@mobilefueling.com
Telephone Number: 954-308-4183/954-308-4200
Fax Number: 954-308-4219
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Ordering Information:
Organization Name: Terrell Industries Inc. (A)
Organization FEID Number: 65-0530148
MFMP / SPURS Vendor Number: 65-0530148-001
Name: Grady Terrell, III
Title: President
Street Address2067 1st Avenue North
:
City, State, and Zip St. Petersburg, FL 33713
:
E-mail Address: gterrell@verizon.net
Internet Address: http://terrellindustries.com/
Toll-Free Number: n/a
Telephone Number: 727-823-4424
Fax Number: 727-823-3977
Remit Address:
Organization Name: Terrell Industries Inc.
Remit-To Street Address: 2067 1st Avenue North
Remit-To City, State, Zip: St. Petersburg, FL 33713
Contract Administrator:
Name: Grady Terrell, III
Title: President
Street Address2067 1st Avenue North
:
City, State, and Zip St. Petersburg, FL 33713
:
E-mail Address: gterrell@verizon.net
Telephone Number: 727-823-4424
Fax Number: 727-823-3977
$25,000andabove
State of Florida
July1,2014toJune30,2016
Mansfield Oil Company - State Contract.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Suzanne F. Davis, CPRP, Parks and Recreation Director
THROUGH:Donald B. Cooper, City Manager
DATE:May 1, 2015
AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
RESOLUTION NO. 31-15: BEST INTEREST RESOLUTION ELEV8 SPORTS INSTITUTE INC.
FIELD MAINTENANCE OF POMPEY PARK
BACKGROUND
Parks and Recreation recommends approval of Best Interest Resolution 31-15 for ELEV8 to continue
maintenance at the City's baseball fields.
On January 8, 2013, pursuant to Bid Award #2013-16, the City entered into a contract with ELEV8
Sports Institute Inc. to provide baseball field maintenance at Pompey Park at a rate of $38,400.00
annually. The contract provided for a term of one (1) year, with two (2) consecutive one (1) year
extensions at the discretion of the City Manager. The contract initially expired on or about January 29,
2014 and, by letter dated December 10, 2013, the City Manager exercised the right to extend the
contract for a one (1) year period from February 1, 2014 through January 31, 2015. Pursuant to the
terms of the contract, the City Manager was authorized to extend the contract for one (1) additional,
final year from February 1, 2014 through January 31, 2016, however, through inadvertence, the City
failed to extend the term of the contract prior to its expiration on January 31, 2015. The City plans to
competitively procure the services for baseball field maintenance at Pompey Park to after January 31,
2016.
Baseball field maintenance is essential at Pompey Park until such time that any competitive
procurement for the services is complete. Parks and Recreation feels that it is in the Citys best interest
to have familiarity and continuity of service until such time as the competitive procurement process is
complete.
City staff requests that the City Manager be authorized to enter into a new contract with ELEV8 Sports
Institute Inc. at the same terms and conditions of Bid Award #2013-16, for a term to retroactively begin
on February 1, 2015 and to expire on January 31, 2016, as was intended by the City Commissions
approval of the contract extension terms of the originally approved Bid Award #2103-16.
DISCUSSION
It is staff's intention to competitively bid the ball field maintenance of Pompey Park at the expiration of
this contract, January 2016 in preparation for the 2016 Little League season.
TIMING OF THE REQUEST
This request is time sensitive as parks maintenance has been performing these tasks since February
2015. Unfortunately they are not able to continue these additional duties as the year progresses and
grass/maintenance of parks increases significantly due to weather and turf growth.
FUNDING SOURCE
Funding is available and budgeted in account# 001-4131-572-34.90 (Parks Maintenance)
RECOMMENDATION
Parks and Recreation recommends approval of Best Interest Resolution 31-15 for ELEV8 to continue
maintenance at the City's baseball fields until January 31, 2016.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Alberta Gaum, Recreation Superintendent
THROUGH:Suzanne Davis, Parks & Recreation
Donald Cooper, City Manager
DATE:April 24, 2015
AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
AGREEMENT FOR USE OF ROBERT P. MILLER PARK/ SOUTH FLORIDA COLLEGIATE
BASEBALL LEAGUE, INC.
BACKGROUND
Representatives from the South Florida Collegiate Baseball League, a 501c(3) not-for-profit
organization approached Delray Beach Parks and Recreation during the spring of 2014 to make
arrangements to utilize Little Fenway at Miller Park on a game-by-game basis for their 2014 season.
Known as the Boca Raton Lightning in 2014, the league utilized Little Fenway for their home field
for 20 games. The league has changed their name to the Delray Beach Lightning for the upcoming 2015
season.
Upon conclusion of the 2014 season, Parks and Recreation representatives met with the president and
CEO of the South Florida Collegiate League, Vincent J. Farfaglia, to discuss the 2015 season and how
the City and the League could work together to promote baseball within Delray.
The attached Agreement for Use of Robert P. Miller Park was drafted by the City Attorneys Office and
includes the terms and provisions that were discussed by both Parks & Recreation and Mr. Farfaglia. In
exchange for priority usage of Little Fenway from June 1 August 1, the League will replace, at its own
expense the windscreen at Little Fenway, raise funds to replace the scoreboard at Little Fenway, provide
all game day field preparation and maintenance and ensure that all league home games are presented
free of charge to all participants. In 2014, the league donated $850 to American Little League, donated
$350 to Atlantic High School, and provided over 100 hours of community service to various non-profit
and civic groups in Delray. The league will continue their efforts in volunteerism and community
support throughout the terms of the attached Agreement.
The proposed term of the agreement shall be for one year (June 1, 2015 May 31, 2016) and may be
extended for one consecutive 1 year period upon prior written consent of the parties. The rate of the
agreement is $1.00 for each year of the agreement. The Leagues use of the field must not conflict with
any other properly-scheduled use of Miller Park/Little Fenway by any other party.
FINANCIAL DEPARTMENT REVIEW
Finance is cautious about recommending approval. According to their 2013 Form 990 filing, this
organization had $ 19 in the bank at December 31, 2013. Their net income for the year was less than $
6,000. This lack of financial resources means that Agreement Article 9 requiring the League to repair
any damage resulting from their use is not a practical protection for the City.
DISCUSSION
Parks & Recreation worked collectively with the South Florida Baseball League in 2014 for individual
field rentals and fostered a positive relationship with the team. The South Florida Baseball League has
made a commitment to contribute to the Delray Community by sponsoring instructional workshops for
area youth, assisting (financially and through volunteer opportunities) local schools and youth leagues,
attending Parks & Recreation events, and providing over 100 hours of community service to various
civic and non-profit groups. The South Florida Baseball League has joined the Delray Beach Chamber
of Commerce.
Since 2013 the South Florida Collegiate Baseball League has solely funded Project ACCESS which is
an employability program for impoverished youth in the Boynton Beach/Delray Beach area. The goal
of the program is to provide resources, training and financial support for these 18/19 year old youth that
do not have the means to get a stable job or go to college. 12-15 students from June-August enroll into
the program and the SFCBL provides a yearly cash donation to fund it. In three years, SFCBL has
placed over 30 students into competitive paying jobs in the community. SFCBL players also work
hands on with the students to help them along the way.
TIMING OF THE REQUEST
This item is time sensitive, as league play will begin in June.
RECOMMENDATION
Parks & Recreation recommends approval of the Agreement for Use of Little Fenway at Robert P.
Miller Park with the South Florida Collegiate Baseball League Inc. per the terms and conditions set
forth in the agreement.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Fire Chief
THROUGH:Donald B. Cooper, City Manager
DATE:April 28, 2015
AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
RETROACTIVE AGREEMENT RENEWAL WITH XEROX GOVERNMENT SYSTEMS,
LLC/FIREHOUSE SOFTWARE
BACKGROUND
FH Web is the primary records management system for the Delray Beach Fire-Rescue Department
(DBFR). Within FH Web DBFR houses all of its incident reports and training records. Also included
are staff, occupancy, public education, and inventory records. CAD Monitor is the component that
integrates with our OSSI CAD system. This allows data to flow from our dispatch system into FH Web
in order to provide more accurate incident reports. FH Medic is cloud-based software that requires an
active support service agreement to operate properly. FH Medic is DBFRs primary EMS Patient Care
Reporting (PCR) system that is currently used by our staff in the field.
DISCUSSION
The Fire Department is presenting this before the City Commission due to the total cost of annual
service surpassing the mandated threshold allowance of $25,000 per vendor, per the Purchasing Code.
However, this case yields special circumstances. First, EMS is the lifeblood of the DBFR and account
for more than 80% of service request. Second, properly documenting patient care is required by State
Statue and departmental protocol. Finally, the transportation of patients to area hospitals is a revenue
stream that offsets the Fire Departments budget by returning some cost of operation into the Citys
general fund. When transfer of patient takes place, the electronic patient care reporting technology and
capability assists with the seamless transition of patient care from DBFR to the receiving facility.
Therefore, the Fire Department requests that the Commission grant the purchase of the FH Medic
Software Support Service Agreement Extension.
Last October, DBFR planned to renew all Firehouse products for 1 year except for the FH Medic
product. We are planning on replacing the FH Medic component with SafetyPAD starting 10/1/2015.
This move will allow for better operability, enhanced interaction with our CAD system, ease of use, and
adaptive quality analysis and management of EMS reports. Firehouse Software claims they are unable
to track two separate renewal dates for the same client so we will renew all for 6 months and adjust our
renewal in October 2015.
This purchase is being made in compliance with Section 36.02 (C) (6) (a) Sole Source of the
Purchasing Code, Acquisitions of Goods and Services that states: The City may acquire or contract for
non-real property, goods, or services that are available to the City from only one source without
utilizing the Sealed Competitive Method or Written Quotation Methods. The department is seeking the
City Commissions consideration and approval to renew its service agreement with FH Medic for
patient care documentation and reporting in the amount of $14,522.50 for April 2015 through
September 2015.
TIMING OF THE REQUEST
This request is timed to provide for the uninterrupted continuation of City operations.
FUNDING SOURCE
Funding is available from 001-2315-526-46.90 (Operations Maintenance).
RECOMMENDATION
Approve by majority vote the following motion:
That the City Commission approves the Delray Beach Fire-Rescue Departments request to renew its
support service agreement with Firehouse Software for the period of 4/1/2015 through 9/31/2015 (6
Months) at a cost of $14,522.50. This purchase request is in compliance with Section 36.02 (C) (6) (a)
Sole Source of the Purchasing Code, Acquisitions of Good and Services, which states, The City may
acquire or contract for non-real property, goods, or services that are available to the City from only one
source without utilizing the Sealed Competitive Method or Written Quotation Methods.
th
July 25, 2014
Delray Beach Fire Department
To Whom It May Concern:
FIREHOUSE Software develops, markets and supports FIREHOUSE Software® (FH). We are
the sole retailer and maintenance / support provider for the FH Software.
Thank you for your interest in FH.
Best Regards,
Sanjay Kalasa
Vice President
FIREHOUSE Software, A Xerox Solution
$10,000tounder$25,000
Firehouse software - sole source software maintenance renewal.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jack Warner, Chief Financial Officer
Lisa Herrmann, Planning, Budget and Control Manager
THROUGH:Donald B. Cooper, City Manager
DATE:May 1, 2015
AGENDA ITEM 9.L. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
RESOLUTION NO. 30-15: MID YEAR BUDGET AMENDMENT
BACKGROUND
This is the mid year budget amendment for FY 14/15. Overall expenses in the general fund will be
increasing by $1,767,182 and revenues will be increasing by $2,137,008. The manager's contingency
account will increase by the difference of $369,826.
Detailed explanations of the changes in the revenues and expenses are attached.
DISCUSSION
The Commission is requested to consider Resolution No. 30-15 which amends the FY 14/15 budget.
RECOMMENDATION
Recommend approval of Resolution No. 30-15 amending the FY 14/15 budget.
Exhibit A
Budget Summary As Amended
DOWNTOWNSPECIAL
General Fund
AmendedDEVELOPMENTENTERPRISEREVENUE
FY 14/15FUNDFUNDSFUNDSTOTAL
327,2527,653,71866,5057,720,223
CASH BALANCES BROUGHT FORWARD
0
ESTIMATED REVENUES:
TAXES0
Millages
AD VALOREM TAXES49,778,46000049,278,460
7.1611
AD VALOREM TAXES2,084,2600002,084,260
0.3028
AD VALOREM-DELINQUENT50,000000350,000
AD VALOREM - DDA0612,74800612,748
1.0000
Sales & Use Taxes1,400,0000001,350,000
Utility Taxes6,070,0000005,740,000
Other Taxes3,980,0000004,079,000
Franchise, Licenses & Permits10,345,78001,80009,661,080
Intergovernmental7,896,152067,7501,601,3819,430,101
Charges for Services10,958,042042,787,398053,714,358
Fines & Forfeitures1,013,35000114,2501,022,750
Miscellaneous Revenues8,309,53461,000250,840317,5238,255,503
Other Financing Sources3,571,2300109,0001,024,6204,689,850
0
TOTAL REVENUES AND OTHER
105,456,808673,74843,216,7883,057,774150,268,110
FINANCING SOURCES
0
TOTAL ESTIMATED REVENUES
105,784,060673,74850,870,5063,124,279157,988,333
AND BALANCES
EXPENDITURES/EXPENSES:
General Government Services11,126,97700010,443,130
Public Safety60,886,45000114,25059,404,580
Physical Environment566,140031,615,830032,181,970
Transportation3,819,1100003,571,030
Economic Environment8,035,110634,12302,121,60410,790,837
Human Services47,75000059,750
Culture & Recreation13,166,87503,819,256875,69017,647,396
Debt Service3,603,17202,728,51506,928,355
Other Financing Uses2,281,15008,158,120010,478,640
103,532,734634,12346,321,7213,111,544151,505,688
TOTAL EXPENDITURES/EXPENSES
0
Reserves2,251,32639,6254,548,78512,7356,482,645
105,784,060673,74850,870,5063,124,279157,988,333
TOTAL EXPENDITURES AND RESERVES
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Holly Vath, Chief Purchasing Officer
THROUGH:Donald B. Cooper, City Manager
DATE:April 29, 2015
AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
BID AWARD/ GRANICUS, INC. FOR VIDEO/AUDIO STREAMING
BACKGROUND
Staff recommends a motion to approve an award for video/audio streaming, paperless agenda and civic
engagement software to Granicus, Inc. for a one year agreement with an option to renew for two
additional one year periods in the amount of $42,640 for the first year and $33,840 for the renewal
periods. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36
Acquisition of Goods and Services and Disposal of City Property, Section 36.02 Methods of
Acquisition (A) Sealed Competitive Method (2) Requests for Proposals.
The City issued RFP 2015-27 for Video/Audio Streaming, Paperless Agenda, and Civic Engagement.
The RFP solicitation was sent to 55 vendors and the City received three responses on February 17, 2015
from the following:
AV Capture
Granicus, Inc.
Novusolutions
The selection Committee met three times. The three vendors presented their solutions at the second
selection committee meeting. After the presentations by all three vendors, the selection committee
determined AV Capture's proposal and products only provided the Video/Audio streaming component
of the RFP. AV Capture was then deemed non-responsive. The remaining vendors were ranked as
follows:
Rank Vendor
1 Granicus, Inc.
2 Novusolutions
Staff recommends the City award the contract to the top ranked firm, Granicus, Inc. They provided a
software solution which is easy to use and enhances the functionality of the meeting agenda preparation
and review. Their proposal includes an implementation fee of $8,800 and a monthly managed service
fee of $2,820 per month. The term of the award is a one(1) year agreement with an option to renew at
the same terms, conditions and prices for two (2) additional one year terms, subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best interest of the
City. The RFP is attached which contains the standard form of the contract.
FUNDING SOURCE
Funding is available in account 001-1811-513.46-90.
RECOMMENDATION
Motion to approve an award for video/audio streaming, paperless agenda and civic engagement
software to Granicus, Inc. for a one year agreement with an option to renew for two additional one year
periods in the amount of $42,640 for the first year and $33,840 for the renewal periods.
$25,000andabove
State of Florida
RFP Award 2015-27 to Granicus
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Donald Cooper, City Manager
DATE:May 1, 2015
AGENDA ITEM 9.N. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
BOARD
BACKGROUND
There is a vacancy on the Delray Beach Housing Authority Board, due to the resignation of Mr. Joseph
Hepp. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 14,
2016. Nomination for appointment is needed for one (1) regular member.
Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The
following individuals have submitted applications and would like to be nominated for appointment:
(See Exhibit A attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered. According to Florida Statutes, members
are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting
of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and
according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority
appointees.
Based on this system, the nomination for appointment will be made by Commissioner Katz (Seat #3) for
one (1) regular member to serve on the Delray Beach Housing Authority an unexpired term ending July
14, 2016.
DISCUSSION
This item is before the City Commission for nomination for an appointment to the Delray Beach
Housing Authority Board.
TIMING OF THE REQUEST
This item is not time sensitive.
RECOMMENDATION
Recommend nomination for appointment for one (1) regular member to serve on the Delray Beach
Housing Authority Board for an unexpired term ending July 14, 2016.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Noel Pfeffer, City Attorney
DATE:May 13, 2015
AGENDA ITEM 9.O. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
RETENTION OF SPECIAL COUNSEL FOR ATLANTIC CROSSING PROJECT
BACKGROUND
During Commission comments at the May 12 workshop, the Commission again raised the issue of
retaining special counsel in connection with the proposed Atlantic Crossing project. The Commission
requested that the City Attorney recommend special counsel for the task of reviewing the amended
development agreement and any proposed settlement agreement with respect to this project.
For this engagement, I am recommending Debbie Orshefsky, a partner with the law firm of Holland &
Knight, a large, full service, Florida based law firm. Ms. Orshefsky has a statewide reputation as a
leading land development lawyer. She has extensive experience representing parties in sophisticated,
complex South Florida real estate developments and is a recognized land use and zoning law expert.
Finally, she has substantial experience negotiating, drafting, and reviewing complex land use and
development agreements.
Ms. Orshefsky practices exclusively in the area of land development and environmental law with
specific experience in planning, land use, land use financing, zoning, subdivision controls and
community development, as well as state regional and local roles in land use decision making. Prior to
joining Holland & Knight, Ms. Orshefsky was a senior level partner at Greenberg Traurig where she
was employed for 32 years.
Ms. Orshefsky is performing an internal conflict check to confirm there are no current conflicts of
interest with the firm representing the City.
The City Attorney will negotiate a discounted hourly fee from the normal firm rates. The initial budget
for this engagement will not exceed $15,000.
RECOMMENDATION
City Commission discretion
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Michael Coleman, Interim Director, Community Improvement
THROUGH:Donald B. Cooper, City Manager
DATE:May 8, 2015
AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
RESOLUTION NO. 27-15: CONTRACT FOR SALE AND PURCHASE OF THE PROPERTY
LOCATED AT 510 S.W. 14TH AVENUE
BACKGROUND
The City of Delray Beach has received$1,905,005 under the Neighborhood Stabilization Program
(NSP) award through the Florida Department of Community Affairs by the U. S. Department of
Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a
result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the
purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in
order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low,
Moderate and Middle Income Households (LMMI). LMMI households are defined as those with
incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by
HUD.
th
The City of Delray Beach desires to sell the property located at 510 SW 14 Avenue to Patricia Green
for the purchase price of One Hundred Fifteen Thousand Dollars and 00/100 cents ($115,000) or
appraised value and provide subsidy up to $25,000 secured by promissory note and second mortgage.
Lot 23, Block 3, CARVER PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 27, PAGE 55 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA
FINANCIAL DEPARTMENT REVIEW
No funding approval associated with this request.
DISCUSSION
th
Request is to approve sale of NSP property located at 510 SW 14 Avenue, Delray Beach, FL 33444 to
Patricia Green for the price of One Hundred Fifteen Thousand and 00/00 cents ($115,000) and provide
subsidy up to $25,000 secured by promissory note and second mortgage.
TIMING OF THE REQUEST
Sales contract authorizing closing within 60 days to be signed by Seller (City) and Buyer (Ms. Green).
RECOMMENDATION
th
Motion to approve the sale of the Neighborhood Stabilization Program property located at 510 SW 14
Avenue, Delray Beach, FL 33444 to Patricia Green for the purchase price of One Hundred Fifteen
Thousand and 00/00 cents ($115,000) or appraised value and provide subsidy up to $25,000 secured by
promissory note and second mortgage
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lisa Hartman, Utilities Financial Services Manager
Jack Warner, Chief Financial Officer
THROUGH:Donald B. Cooper, City Manager
DATE:May 7, 2015
AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
ORDINANCE NO. 07-15 (SECOND READING)
BACKGROUND
At the May 5, 2015 Regular Commission meeting, the City Commission approved on first reading
Ordinance 07-15, amending Chapter 51, "Garbage and Trash", of the Code of Ordinances Section
51.70, "Regular Charges Levied", to provide for new residential and commercial collection service rates
for the remainder of Fiscal Year 2015.
Staff will submit at a future meeting a recommended approach to refund excess cart replacement fees
collected by the City during the period 1997 through 2013.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:May 1, 2015
AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF MAY 20, 2015
SUBJECT:
ORDINANCE 09-15 SECOND READING
BACKGROUND
At its meeting of May 5, 2015, the City Commission, approved on first reading Ordinance 09-15
amending Land Development Regulations, (LDR) Section 4.6.9(E)(3) relating to the In-Lieu Parking
Fee Program, creating a new Area 4 - Artist's Alley and Area 5 - Osceola Neighborhood incentive areas.
Given the need for development incentives in these areas the fee per space is proposed is $4,600 per
space.
Furthermore, the ordinance corrects the area descriptions and fees for areas 1, 2, and 3 which
were inadvertently repealed with Ordinance 19-14 amending the LDR Central Business District.
Attachments:
May 5, 2015 City Commission Memorandum
Draft Ordinance 09-15
PMAB Draft Minutes
DDA Minutes
DISCUSSION
The City Commission is being asked to approve on second reading Ordinance 09-15 amending Land
Development Regulations Section 4.6.9(E)(3) relating to the In-Lieu of Parking Fee Program.
TIMING OF THE REQUEST
This is an urgent request as it corrects the inadvertent repealing of Ordinance 19-14 which occurred
with the approval of Ordinance 03-15.
RECOMMENDATION
By motion, approve on second reading Ordinance 09-15 amending Land Development Regulations
4.6.9(E)(3) relating to the In-Lieu of Parking Fee Program.
Coversheet
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Environmental Services Department
THROUGH:Donald B. Cooper, City Manager
DATE:April 17, 2015
AGENDA ITEM11.B.- REGULAR COMMISSION MEETING OF MAY 5, 2015
SUBJECT:
ORDINANCE NO. 09-15 (FIRST READING)
BACKGROUND
Ordinance No. 19-14, approved by the City Commission in August 2014, amended Land
Development Regulations (LDR), Section 4.6.9(E)(3), the In-Lieu of Parking Fee Program by
combining Area 1 (Beach Area), and Area 2 (Downtown Core Area), renumbered
the remaining areas and increased fees in accordance with the chart below.
AREAORIGINAL FEEAMENDED FEE
1-Beach Area$18,200
$23,600
2 1 – Core Area$15,600
3 2 – OSSHAD/PGW$7,800$10,140
4 3 – West Atlantic$4,000$4,600
In addition to creating the new incentive areas, Ordinance No. 09-15 corrects Ordinance No.
03-15 which, with its adoption, inadvertently repealed Ordinance No. 19-14 in its entirety,
reverting LDR Section 4.6.9(E)(3) to its previous fees and area boundaries. During
these deliberations, the Pineapple Grove Main Street Board suggested that the Artist's Alley
and Osceola neighborhoods are in need of development incentive similar to Area 3 (West
Atlantic Area). The City Commission, unable to change the ordinance before them, approved
Ordinance No. 19-14, directing staff to bring back an ordinance creating these two new
incentive areas. The Community Redevelopment Agency has invested in small parking lots in
these areas which will support any in-lieu of parking fee requests that may come forward in
these areas.
Ordinance No. 09-15 is before the City Commission for approval creating Area 4 (Artist’s
Alley) and Area 5 (Osceola Neighborhood) priced similarly to Area 3 at $4,600 per space.
LDR Section 2.4.5(M)(5) (Findings):
Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=9083&MeetingID=565\[5/1/2015 11:48:57 AM\]
Coversheet
Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was
conducted. While the In-Lieu of Parking Fee Program is not specifically mentioned in the
Comprehensive Plan, it does not contradict the stated Goals, Objectives and Policies of the
plan. In accordance with the attached minutes, the Parking Management Advisory Board, at
its meeting of February 17, 2015, unanimously recommended approval of proposed LDR
Modifications. Pursuant to the attached minutes, consensus of the Community
Redevelopment Agency, at its meeting of March 12, 2015, was support of proposed LDR
Modifications. In accordance with the attached minutes, the Downtown Development
Authority, at its meeting of March 9, 2015, unanimously recommended approval of the
proposed LDR Modifications. Minutes for the Pineapple Grove Main Street Board meeting of
February 25, 2015 were not available at the time of this writing. However, the
board unanimously recommended approval of the proposed LDR Modifications. Minutes for
the Planning & Zoning Board meeting of March 16, 2015 were not available at the time of this
writing. However, the board unanimously recommended approval of the proposed Ordinance
No. 09-15. It is noted, the Public Parking Fee, LDR Section 4.6.9 (E)(4), was also impacted
by the adoption of Ordinance No. 03-15. However, given the popularity of the In-Lieu of
Parking Fee program, staff felt compelled to move this item forward outside the
comprehensive parking plan scheduled for the May workshop. The rarely utilized Public
Parking Fee program will be corrected through the Planning & Zoning Department with other
"housekeeping" issues that will be brought forward at a later date. In consideration of the
aforementioned, staff is recommending approval of Ordinance No. 09-15.
Attachments:
Draft Ordinance No. 09-15
DDA Minutes
CRA Minutes
PMAB Draft Minutes
DISCUSSION
The City Commission is being asked to approve Ordinance No. 09-15 creating incentive areas
within the In-lieu Of Parking Fee program and correcting the inadvertent nullification of
Ordinance No. 19-14.
TIMING OF THE REQUEST
This item is critical as it corrects LDR Section 4.6.9(E)(3) effecting the cost per space of in-lieu
of parking fee spaces.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 09-15, creating the Artist's Alley and
Osceola Neighborhood in-lieu incentive fee areas and correcting LDR Section 4.6.9(E)(3) - In-
Lieu Of Parking Fee program.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=9083&MeetingID=565\[5/1/2015 11:48:57 AM\]
PARKING MANAGEMENT ADVISORY BOARD MINUTES
TUESDAY, FEBRUARY 17, 2015, 5:30 P.M.
FIRST FLOOR CONFERENCE ROOM
MEMBERS PRESENT:MEMBERS ABSENT:
Bruce Gimmy William Branning
Fran Marincola Gerald Franciosa
William Morse Allen Huntington
Peter Perri Albert Richwagen
Brian Rosen
David Cook
STAFF PRESENT:STAFF ABSENT:
Scott Aronson, Parking Management
GUESTS/OTHERS:
I.CALL TO ORDER:
The meeting was called to order by Chairperson, Mr. Bruce Gimmy, at 5:30 p.m.
II. APPROVAL OF THE AGENDA:
Mr. Marincola made a motion to approve the agenda, seconded by Mr. Morse. Said motion
passed unanimously.
III. APPROVAL OF THE MINUTES:
Mr. Morse made a motion to approve the minutes of September 23, 2014, seconded by Mr.
Marincola. Said motion passed unanimously.
Mr. Rosen made a motion to approve the minutes of October 28, 2014, seconded by Mr. Morse.
Said motion passed unanimously.
Mr. Morse made a motion to approve the minutes of November 25, 2014, seconded by Mr.
Marincola. Said motion passed unanimously.
IV. OLD BUSINESS:
Mr. Aronson stated that the City Commission approved the in lieu for Sopra Centre, located at 110
East Atlantic Avenue on September 9, 2015. The City Commission approved the in lieu for
nd
Sonoma Grill on February 3, 2015. In addition, the SE 2 Avenue Valet Queue has been relocated
and expanded to five configurative spaces.
V. COMMENTS BY CITIZENS: (non-agenda items)
Parking Management Advisory Board
February 17, 2015 Meeting Minutes
Page 2
None
VI. NEW BUSINESS:
A.Recommend Approval of Text Amendment Modifying Land Development Regulations
Section 4.6.9 (E) (3) In Lieu Parking Fee.
Mr. Aronson stated that during an amendment of the Land Development Regulations LDR,
Section 4.6.9 (E)(3) in July 2014. The City Commission approved modifications including but not
limited to reassessing in lieu of parking fees and area configuration. One notable change was the
combining of areas one (1) and two (2) and the associated per space price increase.
During presentation to various advisory boards, it was recommended that two (2) small areas
within the new area one (1) be changed to pricing schedules the same as current area three (3), at
$4,600 per space, as these areas are still in need of incentives to entice development.
thrd
The Artist Alley incentive area boundary is NE 4 street to the North; NE 3 Avenue to
rd
the West; FEC Railway corridor to the East and NE 3 street to the South.
rdst
The Osceola Park incentive area boundary is SE 3 street to the North; SE 1 Avenue to
th
the West; FEC Railway corridor to the East and just shy of SE 7 street to the South.
At the City Commission meeting of August 5, 2014 the Commission supported the
recommendation. However, as it was not included in the first reading of the Ordinance, the
recommended change could not be included as additional public notice would be required.
Therefore, staff is bringing the item forward to incorporate these changes providing much needed
development incentive to these two 2 small areas and recommending they be noted simply
.
The items will be presented to the Community Redevelopment Agency, the Downtown
Development Authority, the Pineapple Grove Main Street Board, and the City Commission at their
upcoming respective meetings.
Staff recommends approval of the proposed modifications to LDR Section 4.6.9 (E)(3) in lieu fee
creating the Incentive Area in the Osceola Park and Artist Alley areas, pricing spaces at $4,600 per
space.
Mr. Marincola moved to approve the proposed modifications to LDR Section 4.6.9 (E)(3) in lieu
fee. The motion was seconded by Mr. Morse and passed 6-0.
B.2015 Meeting Date.
Board members accepted the meeting dates as presented by staff. The meeting in November will
be held on November 17, 2015, and the meeting in December will be held on December 15, 2015
due to the holidays.
Parking Management Advisory Board
February 17, 2015 Meeting Minutes
Page 3
VII. COMMITTEE REPORTS ON PARKING RELATED ISSUES:
Board members presented a brief status report of items taking place on their respective Boards.
Mr. Peter Perri stated that Equity Group is modifying the proposal to accommodate a grocery
store.
Mr. David Cook stated that the Merchant meeting is February 24, 2015 at the Fairfield Hotel
starting at 8:30 a.m. In addition, there is a Merchant Association. One of the main goals of the
Downtown Development Authority is to promote safe programs; rules are in place but are not
being enforced.
At this time, the board had a discussion regarding sidewalk café, parking enforcement, promotion
of the upcoming Bacon and Bourbon Festival and parking being waived, etc. Mr. Aronson stated
he will look into the upcoming festival and will get with the Police Department. Mr. Gimmy
requested to have the citation report included for the next meeting.
V. NON-AGENDA ITEMS:
None.
A.Comments by Staff
None.
There being no further business, Mr. Gimmy, declared the meeting adjourned at 6:25 p.m.
________________________
Advisory Board Liaison
The undersigned is the Secretary of the Parking Management Advisory Board and the information
provided herein is the minutes of the meeting of said Parking Management Advisory Board on February
17, 2015, which minutes were formally approved and adopted by the Board on ________________, 2015.
ATTEST:
_________________________
CHAIR
_______________________________
Advisory Board Liaison
NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the Parking
Management Advisory Board. They will become official minutes only after review and approval, which may involve some amendments, additions or
deletions.
S/City Clerk/Boards/Parking Management Board/minutes
MINUTES
DOWNTOWN DEVELOPMENT AUTHORITY BOARD MEETING
Monday March 9, 2015 12:00 Noon
First Floor Conference Room, Delray Beach City Hall
1. Call to order/Roll Call 12:00 Noon
Members Present: Bonnie Beer, David Cook, Ryan Boylston, Mark Denkler, Frank Frione, Albert
Richwagen, Seabron A. Smith
Staff: Marjorie Ferrer, Laura Simon, Gail-Lee McDermott
Others: Andrea Blade, Shawn Butters, John Ellis, Gene Fisher, Joan Goodrich, Henry Handler,
Stephanie Immelman, Richard Jones, Julen Key, Jim Knight, Tu, John Morgan, Bradley
Morton, Francine Ramaglia
Ms. McDermott pronounced the requirements of the Sunshine Law
Beach County Commission on Ethics Antitrust, Conflict of Interest compliance requirements.
All Board Members confirmed compliance.
Chairman invites guests to introduce themselves.
2. Agenda: Changes & Additions
nd
ACTION Motion to approve the Agenda as presented: M. Denkler; 2: B. Beer.
Motion carried unanimously.
3. Minutes for February 9, 2015
nd
ACTION Motion to approve the Minutes as presented: Frank Frione; 2: R. Boylston.
Motion carries unanimously.
4. Financial Report of February Bonnie Beer
Operation account: $16,086
Money Market account: $349,695
Discussion ensued concerning payroll, staff raises, and the need to be watchful of the line item.
nd
ACTION Motion to approve the Financial Report as presented: M. Denkler; 2: A. Richwagen.
Motion carries unanimously.
5. Public Comments
There were no public comments.
th
85 Southeast 4 Avenue, Suite 108, Delray Beach, FL 33483
Tel: 561-243-1077 Fax: 561-243-1079
6. DDA Staff and Progress Report for February Marjorie Ferrer & Laura Simon
M. Ferrer:
Placemaking
Highway construction is on schedule paving and plants will come in quickly
o
th
Working with merchants 5 Avenue, North and South will still be an issue
o
SOFA
o
do the City developments; Isaac Kovner has his arms around the construction and lets me
know about issues
Clean & Safe
Michael Coleman sends weekly updates this Saturday the sidewalk tables are moved
o
back one (1) foot Code Enforcement has a night-time person who is handling this
The sidewalks are going from five (5) feet to six (6) feet for open space when the
o
restaurants renew their licenses
M. Denkler: Rather than six (6) feet from the street, it should be six feet from any obstruction.
M. Ferrer: I sent a picture from Lakeland as to how they handle their cafes.
M. Denkler:
M. Ferrer:
Economic Development
Video on Christmas Tree maintenance on April Commission Workshop
o
F. Frione: Send that video back to me. Has everyone seen the supplement report? Did we send it?
M. Ferrer: Packet. We are just beginning to learn what it would
cost to buy the tree new. Kimley-Horn has a cost figure that does not match our tree. We will have
all the information by the City
Recruitment and Retention
Meeting with developers who are proposing the Sundy House redevelopment
o
No recent meeting with Jeff Edwards Atlantic Crossing development
o
As people come to us requesting information we meet with them
o
Savor the Avenue at this point
o
Data Base Management working hard to update Cluster 4 data requested, Joanne
o
doing a great job
Community Meetings we attend all that we should and more
o
Marketing
February had the heart-lighted displays up
o
Understand February was a good month for the merchants
o
Website performance still over 50,000 visits and it keeps growing
o
Social Media picked up 2,300 more fans, up to almost 40,000 fans; Instagram not quite
o
as strong
The Guidebook is out we think Delivery Dudes will be our system to deliver the
o
guidebooks Downtown
L. Simon:
website has a button to go to the site to vote so that we can track the votes that came
through the DDA efforts. Please vote. This is a community effort.
Included analytics (in report) for Social Media with actual numbers
2
DDA Board Meeting Minutes for Monday, March 9, 2015
Copy of the Newsletter
F. Frione: DDA Facebook Page (on your report) got 1,100 new fans in one month?
L. Simon: Yes. January was all fashion focus. February was merchant focused. Postings are
integrated into conversations touching the entire District. RealTime Marketing monitors and handles
analytics.
7. Committee Reports
A.Public Safety Sgt. Russ Mager, DBPD
No report of given.
B.PGAD Pineapple Grove Arts District Ryan Boylston
th
Gateway feature on 4 Avenue is moving along quickly
Prospect of a pocket park in the future with two benches and artwork
Banner poles need to be replaced or repaired every pole is missing the lower arm that holds
that banner out
Banner installations will begin on April 1
G. Fisher: We (PGAD) are willing to subcontract the work out (to repair the poles).
C.Economic Development Joan Goodrich, CRA/City
Update report submitted for DDA Board packets
Thank you to the DDA for their involvement and generosity in procuring speaker Peter
Kageyama
th
Special events meeting will be held next Wednesday, March 18 at 9AM
The DDA has grown and nurtured Fashion Week Kudos
A round table of featured Delray designers is scheduled growing the economy
D.PMAD Parking Management Advisory Board Albert Richwagen
Albert Richwagen was unable to attend the meeting; David Cook, alternate, sat in at the
meeting.
We looked at the in lieu and incentives
I stated that we have rules and they need to be enforced; there is no enforcement on
Sundays, legal holidays, Delray Affairs
Enforcement in Cluster 4 Thursday and Friday, asked for beefed up Police patrols
Discussion ensued: statement that the parking garages are not free to employees during the tennis
tournaments; statement that garages charge all day during special events; opinion that with the
construction there are construction workers taking up street space; two years ago we discussed
employee passes; statement there will be a single purpose meeting not at a Commission Meeting.
E.Downtown Merchant Advisory Board Mark Denkler
th
Meeting was February 24 at the Fairfield Inn
We were caught off-guard about no left-turns on Atlantic Avenue
Most businesses had a good month
L. Simon: There will be a special events survey.
M. Ferrer: Joan Goodrich is preparing a matrix for all event.
3
DDA Board Meeting Minutes for Monday, March 9, 2015
F.Greater Delray Beach Chamber of Commerce u
Celebrating our 1,000 mem
working with Stephanie Immelman and
Joan Goodrich for destination
ADA Seminars revised fliers are coming out; seminar teaches ADA compliance for
businesses
The Delray Affair distributing posters to the businesses
There will be a rolling close
o
Vendors at Old School Square setting up on Thursday
o
The 400 Block set up change of last year does not have enough space for Fire
o
Department; the vendors were unhappy, the traffic flow was bad going back to both
sides of the street but making large 20-ft wide gaps
M. Denkler: When you hand out the posters you should hand out a trouble-shooting phone
number as well.
D. Cook: There are four (4) new stores and managements they have no idea what is going to
happen.
G.DBMC Delray Beach Marketing Cooperative Stephanie Immelman
WARC Wesley Plaza: May Music Month
o
PGAD Grove Week in October
o
th
City is planning for July 4 thinking about no closure
Destination Marketing: Happiest Seaside Town in Coastal Living
Moving Delray to California and LA to Delray as sister cities
M. Ferrer: Marketing meeting at Spady brought up what the DDA does.
H.City Committees Construction Updates Marjorie Ferrer
Federal Highway
th
Brick sidewalks along 5 Avenue have been scheduled with underground utilities for
o
Atlantic Crossing
Met with Police and Isaac Kovner Police are expanding the area and want to know about
o
new construction
The right turn at Walgreens (north Federal Highway) is clear again the drain has been
o
cleaned
SOFA
There is nothing new to report
o
8. City Reports
A. Parking Management Advisory Board Scott Aronson
1.Recommend Approval of Ordinance 09-15 amending Land Development Regulation Section
4.6.9(E)(3) In-Lieu Fee Creating The Artists Alley and Osceola Park Incentive Areas
Presented at a later time during the meeting.
4
DDA Board Meeting Minutes for Monday, March 9, 2015
B. Planning & Zoning Mark McDonnell
The Planning and Zoning Department is processing the following petitions, which pertain to
properties located within the Downtown Development Authority Area. Pursuant to LDR Section
2.4.2(C), this is your notice of our receipt of the applications.
1.The Fran Building, Class V Site Plan, 104-106 Delancey Realty, LLC
rd
The property is located on the north side of East Atlantic Avenue between NE 3 Avenue and NE 4th
Avenue (321 East Atlantic Avenue). The property is zoned CBD (Central Business District) and contains
an existing 3,589 sq. ft. one-story retail building which is occupied by Delray Art and Framing and part
.
The development proposal involves the demolition of the existing retail building and
construction of a one-story 4,332 sq. ft. new building to accommodate two retail bays. The building
will be designed with new impact resistant Window/door storefront along the front elevation which
includes significant architectural design elements consistent with neighboring retail stores. Other site
improvements include the installation of paver bricks along the front entrance of the building to
match the existing sidewalk; the installation of a street tree and ground cover planted within the 5'
wide curb zone which is part of the required 15' wide sidewalk; and the installation of loading access
and a screened trash and recycle bin refuse removal area located at the rear of the proposed
building.
Lighting and Refuse Collection:
wĻŅǒƭĻ /ƚƌƌĻĭƷźƚƓʹ The development proposal includes an area located at the rear of the building and
adjacent to the public parking lot where the refuse trash and recyclable rollout bins will be kept. This
area will be screened with a 5' high concrete block wall and a metal gate.
\[źŭŷƷźƓŭʹ Pursuant to LDR Section 4.4. 13(F)(4)(f)(2), building and site design shall incorporate Crime
Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. With
respect to lighting, the applicant has provided wall mounted light fixtures details. The photometric
plan submitted complies with all Foot Candle illuminations standards requirements.
David Cook recused.
358 sq ft
Building will be razed
Future building will have two (2) bays
Future building will be 19.4 ft. high
Property instrumental in LDR changes
Will have brick pavers
Impact glass
Set back 15 feet
Loading will be in the back
13.6 vested spaces allowed need 8 ft.
Staff supports the plan
nd
ACTION Motion to approve the Class V Site Plan as presented: R. Boylston; 2: F. Frione.
David Cook recused.
Motion carries unanimously.
5
DDA Board Meeting Minutes for Monday, March 9, 2015
2.The Metropolitan, Conditional Use and Class V Site Plan, Richard Jones
fdst
The project is located at the northeast corner of SE 3 Avenue and SE 1 Street and measures 0.929
acres and will accommodate a mixed-use building. The site comprises two (2) existing parking lots
currently utilized by SunTrust Bank which will be demolished. The proposal includes the following
actions:
Conditional use requests:
(i) To allow an increase in density in excess of thirty (30) units per acre (51.67 units per acre
proposed); and
(ii) To allow the building height to exceed 48 feet (57 feet proposed).
A Class V Site Plan development proposal involves a proposed mixed-use commercial/residential
development consisting of a 57 foot high, 5-story building with forty-eight (48) "for sale"
condominium units on the upper floors and .5,059 sq. ft. of retail/office bays the ground floor. The
retail bays are located along SE 3rd Avenue and an air conditioned bicycle storage area is located on
51
SE 1 Street. The proposed building includes a parking garage on the first and partial second story.
Additionally, seven (7) parallel parking spaces will be provided off the rear alley and eight (8) parking
spaces will be provided off-site to accommodate required parking for SunTrust Bank which is being
removed with the Metropolitan development proposal. A subsequent Class II Site Plan Modification
will be submitted for the eight-space off-site parking lot for SunTrust Bank.
Pertaining to the site design the applicant has provided the following narrative "The proposal
shows a modernistic style of architecture that includes design elements such as cantilevered
overhangs, aluminum details, large windows, a feature spiral stair projected balconies and a large
plaza. Additionally, the applicant has chosen to incorporate varying heights, step backs and
recesses on the building to avoid the perception of a large mass. Street trees will be added along SE
rdst
3 Avenue and SE 1 Street to further break down the mass and add
The narrative further states that the developer has chosen to include some of the suggestions for
better downtown development presented by the Treasure Coast Regional Planning Council. "These
items include the public accessible plaza (±3,143 sq. ft. (open to sky) measured from the new
property line will be maintained by the developer and will be accessible to the public. The plaza will
incorporate a fountain and sitting area and be ±8.3 of the post dedication developable site area. In
addition, the Architect is providing for much wider sidewalks, and less than 8' wide at its narrowest
point. The right-of-way will also be lined with street canopy trees which will have ample room to
grow based on the generous building setbacks provided at ground level. The project will also seek to
achieve Green Design Certification and incorporate (2) electric car charging stations and ample air
conditioned bike storage for the residents.
Perhaps one of the most significant contributions this project will bring is the "completion of
rd nd
the streetscape" along SE 3 Avenue from Atlantic Avenue down to SE 2 Street. Residents and
visitors to the downtown would be able to walk from Osceola Park to Atlantic Avenue and back along
well lit, wide sidewalks providing for a safer downtown experience.
Vernacular access points are proposed for the development along the alley to the east (rear)
st
as well as from SE 1 Street via a ramp. Pedestrian access is proposed via a lobby centrally located
off the plaza area. The lobby is accessible from the ground floor garage parking area and the
rd
pedestrian sidewalk system along SE 3 Avenue".
6
DDA Board Meeting Minutes for Monday, March 9, 2015
Lighting and Refuse Collection:
\[źŭŷƷźƓŭʹ The proposal will be evaluated as a part of the staff's CPTED (Crime Prevention
Through Environmental Design) review. The Police Department will consider the lighting along
rd
the sidewalk along SE 3 Avenue as well as sufficient lighting for the doors to the stairwells in
the parking garage. A photometric plan has been submitted and is under evaluation.
wĻŅǒƭĻ /ƚƌƌĻĭƷźƚƓʹ The proposal indicates the provision of a trash room, with recycling
facilities which will be accessed from the alleyway.
Will connect Osceola Park to Atlantic Avenue final link
Garage for parking
Trash room interior of building
M. Ferrer: Is project required to street lighting?
R. Jones: We will be using standard city poles.
A. Richwagen: How many studio apartments?
R. Jones: There are 50% one-bedrooms, all of which also have powder rooms and are up to 1,500
square feet. There are no efficiencies.
B. Beer: Are pets allowed? How is the pet waste handled? Is there green-space for walking dogs?
Are there refuse containers and bags?
R. Jones: There is 5% green space; the urban plaza is 8% of the space - twice what is required. We
could accommodate refuse containers.
F. Frione: Does staff support this?
M. McDonnell:
M. Denkler: There are 48 units, is there additional parking?
R. Jones: SunTrust has multiple parcels. The developers will build 15 spaces for SunTrust; 63 are
included.
D. Cook:
ACTION Motion to accept the Class V Plan and the Conditions to the LDRs for the plans: F. Frione;
nd
2: R. Boylston.
Roll Called.
Motion carried unanimously.
9. New Business
A.Downtown Trolley Grant Support Letter Scott Aronson
This item was placed in an earlier DDA Board approved letter.
Board consensus approves a separate letter if it is needed.
B.Fashion Week 2016 Laura Simon
Request for Board approval for DDA Staff to move forward on Fashion Week 2016 now rather
than wait for Goals Setting Meeting approval
Overall Goal for enhancement over achieved
90% increase in sponsors
o
Attendance was up
o
Media exposure
o
7
DDA Board Meeting Minutes for Monday, March 9, 2015
23,000 in-kind volunteer models
o
Participation 30% merchant increase; 11 designers
o
Establishment of a fashion district
o
Survey:
30% increase of sales
o
99% responses were positive
o
Budget:
$18,000 income in sponsorship
o
$24,000 Expenses
o
$71,000 in-kind donations
o
$5,000 Final Cost
o
nd
ACTION Motion to approve Fashion Week 2016: M. Denkler; 2: A. Richwagen.
Motion approved unanimously.
C.DDA Annual Report Marjorie Ferrer
The draft is being passed about for your review
Mailing is first class so that we get address changes
The comment from Commissioner Petrolia about the Palm Beach County Appraisers most
current list - survey
M. Denkler: I think the results speak for themselves.
M. Ferrer:
that includes city properties the Community Center and City Hall are not included and that data is
important.
D.Twinkle Lights Marjorie Ferrer
Working with Francine Ramaglia
Met with Pete Brandano
RFP will be around $50,000
o
City funds set aside for a new electrician that was never hired
o
Light needs to match all the way through
o
We need a total redo of rope and twinkle lights on trees
o
10. Old Business
A.Draft RFQ for Website- Laura Simon and Ryan Boylston
Draft version of Request for Quotes included in packet
Great deal of research and feedback on social integration
E-mail any updates, recommendations or changes or may want
Integrated into this were a company profile and location of business that the DDA Board
requested local business preferred
Discussion ensued concerning setting up a grading system; decision on specific criteria; cost
factors regarding future maintenance and support; future decision by collaborative committee;
discussion using a grading system; process a re-design of the custom back end of current website;
Maas Media welcome to apply not unhappy with them; cost is close enough to reach the
procurement policy requirements.
8
DDA Board Meeting Minutes for Monday, March 9, 2015
B.Special Event Plan Update Marjorie Ferrer
First meeting was last week; we will meet next week regarding the matrix
The second part: how we work together
All DDA tasks that involve the City
Marketing hardly any
City Goals setting meeting recorded please look at it; the first several comments regarded
the DDA
C.Tree Rust Plan June Workshop Presentation Marjorie Ferrer
We are waiting for the edited film
It will be on a future Commission workshop
If there is no care it will not last
F. Frione: The storage is a mess. It can be preserved and has many more years of service left.
Item 8A. Parking Management Scott Aronson
i.In-Lieu Fee Regulation Amendment
Recommend Approval of Ordinance 09-15 Amending Land Development Regulations Section 4.6.9 (E)
(3) In-Lieu Fee Creating the Artists Alley and Osceola Park Incentive Areas
Background & Analysis
During an amendment of Land Development regulations (LOR), Section 4.6.9(E)(3) in July
2014, the City Commission approved modification including but not limited to reassessing in-lieu of
parking fees and area configurations. One notable change was the combining of Areas 1 and 2 and
the associated per space price increase.
During presentations to various advisory board that two areas within
the new Area 1, Artists Alley to the north and the Osceola Park neighborhood south of Atlantic
Avenue, be changed to pricing schedules similar to the new Area 3 - West Atlantic Avenue, as these
areas are still in need of development incentives.
At the City Commission meeting of August 5, 2014 the commissioners supported the
recommendation. However, as it was not included in the first reading of the ordinance, the
recommended change could not be included s additional public notice would have been required.
Therefore, staff is bringing the item forward to incorporate these changes providing much needed
development incentive to these two areas,
4. The Artists Alley incentive area boundary is properties zoned CBD south of NE 4th Street;
ndrd
east of the north/south alley between SE 2 and NE 3rd Avenues; north of NE 3 Street;
and west of the FEC Railroad.
nd
5. The Osceola Park incentive area boundary is Properties zoned CBD, south of SE 2 Street
rd
and west of SE 3 Avenue.
Attached for your review is a map of the areas described above. Although the
recommendation is to price the areas the same as current Area 3, $4,600 per space, given their
physical separation they are being numbered Area 4 and 5 respectively on the map listed in LDR
Section 4.6.9(E)(3).
The Community Redevelopment has been investing in the construction of parking lots in these
areas to accommodate vehicles generated by local businesses, which will support in-lieu of parking
requests in these In-Lieu incentive areas.
9
DDA Board Meeting Minutes for Monday, March 9, 2015
Review by Others
The Parking Management Advisory Board, at its meeting of February 17, 2015 recommended
approval of the request, although the area boundaries were slightly different.
The Pineapple Grove Main Street Board, at its meeting of February 25, 2015 unanimously
recommended approval of the proposal
Staff Recommendation
By motion, recommend approval of Ordinance 09-15, amending Land Development
Regulations Section 4.6.9(E)(3) creating Incentive Areas in the in-lieu of parking program, making
spaces in the areas $4,600 each, by adopting findings of fact and law contained in the staff report,
and finding that the request and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations.
PGAD Members commented that Artists Alley and Osceola Park are the same as West Atlantic
The areas will be referred to Areas 4 and 5 respectively
The In-Lieu was approved by PGAD
This will go to CRA this Thursday, March 12th
This will go to the City Commission for the next meeting
Discussion ensued concerning the foreclosure in Artists Alley and any future ramifications; opinion
that it will probably turn to residential in the future; statement that the CRA built parking lots in the
areas; statement that the CRA parking lots are filled with employee parking; query if Osceola Park
rd
area is the entire piece going to SE 3 Avenue.
ACTION Motion to approve the In-Lieu Fee Regulations Amendment as presented: M. Denkler;
nd
2: R. Boylston.
Motion carried unanimously.
11. Non-Agenda Items
M. Ferrer: Going back to the situation with the DDA 1 Mil we need to close the loop. Mike Listick,
our pro-bono attorney, said to just write a letter advising the intent with no history. You have a copy
of the proposed letter.
DDA Board consensus to send the letter as is.
th
L. Simon: Savor the Avenue is March 26. We would like some DDA Board members to be available
to do some meet and greet with the patrons. It would be 5:30-6:00PM to mingle.
M. Ferrer: This event gives approximately $100,000 additional monies to restaurants.
12. Board Comments
No Board comments.
13. Adjournment
Meeting adjourned at 1:55PM.
Respectfully submitted, ____________________________________
Gail-Lee McDermott Albert Richwagen, DDA Secretary
____________________________________
DATE
10
DDA Board Meeting Minutes for Monday, March 9, 2015
y.
AFEW
1
,.
.
— ' J d ���.
��iiy ,Mal
I{ �,
1
;�
_ ` � r� ,_
•. .
� � ��.. �.
-o
,�,�
a
s
ae. ,-�"
�.w� �
•".
� `1
.�
. . � ��. r
�� - i
�.
r
_ '
SPEED
LIMIT
Page 1 of 2
Subj: Invocations at Commission Meetings
Date: 5/1812015 4:07:48 P.M. Eastern Daylight Time
From: EFMCDONALDa,aol.com
To: commissioners mayor(a ci.delray-beach.fl.us
Mayor and Commissioners,
Fallowing regards the City Attorney's proposal during his May 5, 2015 Comments to
abandon Invocations from future Commission meetings.
You know invocations have been voted to be legal---see Town of Greece v.
Galloway : SCOTUSblog, by the US Supreme Court on May 5, 2414 in their Docket
12-306. As invocations are obviously legal, it appears you have been frightened by
what one man has threatened to do. And yes, he may well be given an opportunity
to briefly spear and express views many find objectionable within a rotation
system of local clergy. bet us assume there are 24 commission meetings in one
year and 23 God-honoring members of the clergy invoke the guidance of God for
each of 23 meetings, and then in one meeting this man does not. Who wins here?
We, the residents of the City, lose.
The founders of this great country fought and died to assure we have freedom to
speak and express our views. What is freedom of speech? First it is guaranteed by
the First Amendment through our US Constitution and supported by the case
referred to above. This freedom allows one to say what is on his or her mind. Maybe
another person disagrees with that speech but it is allowed. Your and my loved ones
have fought and died for just such a right whether they died in Baghdad or
Kandahar or Iwo Jima or Normandy or Gettysburg or even New Amsterdam.
As our City Leaders, I am gravely disappointed to see you surrender so quickly by
ceasing pre-meeting invocations. You have surrendered to a ranter.
I ask that the Commission put this proposal on the agenda for discussion and
ultimately list this issue on the agenda for subsequent public vote by all
Commissioners: "All future Commission meetings will continue to permit
invocations and follow a rotations stem overseen by the Mayor whereby a different
member of the clergy is Rermitted to issue an invocation once in any calendar year.
Tuesday,May 19, 2015 AOL 1 J„
i
Page 2 of 2
There shall be no repetition among this group of clergy--only one person in any
calendar year. I leave it to you to parse the words to suit the legal system. Please
bring us back to what was good, and legal, and right for the people of the City of
Delray Beach.
Thank you for reading my words and feeling my passion. This is the United
States and we respect other's right to express their views even when we disagree
Wthn
Ned Mconal
Tuesdav, May 1.9, 2015 AOL
W
7777
VIVO
SPIN
still
oil;00 ANNE: All w, ."ar;
40,
BotenTIMES
derr
riAMR
7 11
NM mmki WAIT
HKn
Rillmm
WE
��eti WE
am' 'An a Jr-'_
WE
ARM
: " ..'r' s.•r �.
�."x,"' €
962 Bolender Dr.
SO,
Location Map
SIDEWALK STATUS MAP
Twopic Blvd A 962
Bolender Dr
•16
�w4. Bolender Dr ws► t k'• 16
� tnl�BeP
_a�•�� M M '� I� ��: -s � r- spy r- � ..,. � - _ 1� {`' l-. `31 .
wwAga
Y. „• m --- - M.
LEGEND
PROPOSED SIDEWALK
EXISTING SIDEWALK
DEFERRED SIDEWALK
IN-LIEU OF FEE
April 20, 2015
Development Services Management Group (DSMG)
City of Delray Beach
100 NW 1 st Avenue
Delray Beach,FL 33444
Application/Permit Number: 1500155523 Site
Address: 962 Bolender Drive, Delray Beach,Florida 33483
Dear DSMG Members:
This is a request for your consideration to waiver the required additional right—of-way dedication as
required by LDR Section 5.3.1. The above referenced project consists of demolition of existing house,
which has already been completed, and rebuilding a new house on a residential lot with an area of 9642
square feet. The property is located at the end of residential street with a dead-end (cul-de-sac
ending). The existing street right-of-way width is 50 ft. and the cul-de-sac is 50 ft. radius. We received
the following comments from City plan review:
1. Please provide right of way dedication as described in LDR Section 5.3.1.
2. Provide recorded copy of right of way dedication.
3. Provide 5' sidewalk requirement (labeled as proposed 5'concrete sidewalk) as described in LDR 6.1.3
and 6.1.3(b.l.e.3).
The require addition 5 ft. dedication will cause hardship to the property and will not serve any benefit to
the City of Delray Beach. The requested 5 ft. dedication will total 520 square feet,which is 5.5% of the
total lot area. It will require the house to be placed 5 ft. further toward the canal. As a result the designed
house will not fit on the property. The front yard landscape will have will be set back by 5 ft. and will
change the character of the existing neighborhood.
There will be no benefit to the City to 5 ft. additional right-of-way since the entire area is fully developed
and most of the 29 houses on Bolender Street are fairly new construction. A wider street right-of-way a
dead-end street with only 29 homes will service no purpose.
We will revise the plans to include a 5'ft wide by 105'ft long proposed sidewalk. However, we prefer
not to install the sidewalk and agree to pay a$4,200.00 fee (105'x 5' x$8.00/sf) to the City in lieu of
installing the sidewalk. There are no sidewalks anywhere in the entire Tropical Isles area. A small
segment of sidewalk with no continuity will serve no purpose.
Additionally, not approving this requested waiver will cause additional hardship and financial loss to us
due to the amount of money already spent on the demolition of the original house, all the money we have
spent on the completed plans and engineering that has all already been submitted to the Delray building
department several months ago, and all the costs of the taxes,maintenance,loan payments, and fees that
continue every month as this project sits waiting for permit approvals.
Your consideration for the above requested waiver is greatly appreciated.
Sincerely,
John Bastas,
Property Owner
Robin Bastas
Property Owner
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 FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS
FOR 962 BOLENDER DRIVE
1. This request for relief from sidewalk construction requirements came
before the City Commission on May 20, 2015.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the request for relief from the sidewalk
construction requirements for 962 Bolender Drive. All of the evidence is a part of the
record in this case.
L RELIEF
Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the
issuance of a certificate of occupancy for the property upon which they abut. In
situations where it is inappropriate to install a sidewalk concurrent with development,
the applicant may obtain relief from sidewalk construction requirements.
Should the relief from the sidewalk construction requirements of 6.1.3(C)
for 962 Bolender Drive be granted?
Yes No
If relief is not granted, no further action is required by the City Commission and
the applicant is hereby required to construct a sidewalk in conformity with the
requirements of the L.D.R. 6.1.3(C).
If the City Commission grants relief to the sidewalk construction requirements,
relief may be granted by only one of the following forms:
a) Sidewalk deferral
Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential
subdivision may be deferred pursuant to an agreement which provides for the
installation of the sidewalk at a given time.
Should a sidewalk deferral be granted?
Yes No
b) Waiver
Pursuant to LDR 6,1.3(D)(1)(b), where it is clear that the installation of the
sidewalk system will not serve its intended purpose, a waiver to the sidewalk
requirements may be granted.
Should a complete waiver to the sidewalk requirements be granted?
Yes No
Should a partial wavier to the sidewalk requirements be granted?
Yes No
c) Payment in lieu of installation
Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to
install a sidewalk concurrent with development, the sidewalk requirements may
be met by payment of funds in lieu of installation.
A fee of $4200.00 may be paid in lieu of installing 105 linear feet of sidewalk in
the right of way adjacent to 962 Bolender Drive. The fee shall be due upon
issuance of a building permit
Should an in-lieu sidewalk installation fee of $4200.00 for 962
Bolender Drive be charged to the applicant?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original application was submitted and finds
that its determinations set forth in this Order are consistent with the Comprehensive
Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
2
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
5. Based on the entire record before it, the City Commission approves
denies the request for relief from the sidewalk construction requirements for 962
Bolender Drive and hereby adopts this Order this 20th day of May, 2015, by a vote of
in favor and opposed.
ATTEST: Cary D. Glickstein, Mayor
Chevelle Nubin, City Clerk
3
i
Coversheet Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Environmental Services Division
THROUGH: Donald B. Cooper, City Manager
DATE. April 20, 2015
SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MAY 20 2015
SIDEWALK IN-LIEU FEE/962 BOLENDER DRIVE
BACKGROUND
The subject property, 962 Bolender Drive, is located south on Bolender Drive in thl
Tropic Isles Subdivision. In February of 2015, the applicant John Bastas (owner
submitted building permit #15-155523 to construct a single family residence. On Apr'
10, 2015, the applicant submitted a request for a sidewalk deferral with a preference ti
participate in the Sidewalk In-Lieu Fee option. The length of the sidewalk is 105' at
cost of$4,200.00 (105' x 6' x $8.00ISF).
On April 16, 2015, the Developmental Services Management Group (DSMG) supporter
the sidewalk In-Lieu Fee option based on the following criteria:
1) In the Tropic Isles Subdivision, there are no sidewalks east of Spanish Trail no
does the association desire sidewalks in the neighborhood.
2) According to LDR Section 6.1.3 (D) (3) Payment of In-Lieu Installation: In situation.
where it is inappropriate to install a sidewalk concurrent with development, th,
sidewalk installation requirement may be met by the payment of funds sufficient ti
install the sidewalk. Such funds shall be escrowed and used, at a later date, for th
installation of said sidewalk.
3) On September 9, 2014, the City commission held a workshop to discus
alternatives to sidewalk deferrals. Upon consideration from City Commission, in-lie+
payments were deemed the preferred alternative to sidewalk deferrals.
Attachments include:
1) Exhibit A - Location Map
htt„-//avPnriac mvdP1rnvhPawh r-nmlRlrnesheet a-,nx?ltemlD=9088&MeetinalD=599 5/18/2015
Coversheet Page 2 of 2
2) John Bastas In-Lieu Letter
3} Sidewalk Deferral Status Map
DISCUSSION
Consider approval of the sidewalk in-lieu payment in the amount of $4,200.00 and relic
of sidewalk installation by owner of 962 Bolender Dr.
TIMING OF THE REQUEST
The timing of this request is of high importance because this is one of the item;
holding up the permit issuance.
RECOMMENDATION
By motion, approve a Sidewalk In-Lieu payment in the amount of$4,200.00 and relief c
sidewalk installation by the owner of 962 Bolender Dr.
http://agendas.mydelraybeach.com/Bluesheet.aspx?Item1D-9088&Mectin2lD=599 5/18/2015
9#N Teeii
aV4
iructural Restoration Corp.
3822 S.Lancewood Pl. Delray Beach,Fl. 33445 phone 561-637-2222 Fax: 561-865-7047
Email: bbrewer(r�ict-be.com web: www.ct-bc.com
Florida license#COC-062808
Tuesday,May 19,2015
Acca: Suzanne Davis
Delray Parks & Recreation
Re- Delray Dag Beach
Suzanne,
We keep missing each other. As a group we are trying to put together a proposal..Fran from Luna Rosa and
Lawton Martin said you're the best one to talk to.
We the 'T'riends of Delray Dog Beach" would tike to make a small seetion of our public beaches clog friendly.
The "Friends of Delray Dog Beach" Would like to make this a Win, Win for both the City and the dogs. Friends
of Delray Dog Beach presently has just shy of 300 members. A petition has been circulating with over 1,800
signatures.
We as a group have been studying what has worked in other municipalities surrounding us, example Boca,
Jupiter and several others.
Monthly our volunteers would do a major cleanup of the dog area.
The poop bags, which the City now supplies, we would sell advertising on them to defray the cast the city
currently has.
We would purchase an annual permit, addition fee for non-residents, only dogs current on their tags would be
allowed to be permitted. I his wilt increase the registration of dogs.
Based on 250 local dogs @ $25 and 50 non-resident dogs @ $75,this would give the city
$10,000 additional income.
Dog owners normally go to the beach early morning or late in the day. Based on 40 dogs per day at one and a
half average hourly visit, this would increase parking meter revenue by $32,550.
Many of us, after a romp on the beach, have breakfast downtown with our furry friends,thus bringing in
additional revenue.
As a group, friends of Delray Dog Beach will work with the City to make this a great part of an" All American
City" and we ask Delray Beach to support us.
Sincerely,
,t
Bob Brewer
,� n r l�D\ L f .,,u LO, .
Woof, woof I
UUP wat)t to Pla y !
g,upport our Local community
our 4 Legged children need
a beach they can play on
Delray residents sign our Petition Your signature counts!
Wryo4 �1`�e' "'a�1 Ever bit
Please �e/pp t� �`aycountsll
1 t �
The friends of DeiraY Dog 13each
needs Your support to maKe this happen,
Every little�it�2lPSrr�All rd A
Please help us in our effort to allow dogs
on the said of the public beach.
Contact our local city owicials to lend their support
Follow us on FacebooK - Friends of pelrav Doi Beach
r
a
User: JONESC DELRAY BEACH POLICE DEPARTMENT 05/14/2015
Field Contact
Agency Case#
DELRAY BEACH PD 15-007460
Contact ID Date 1 Time Reason
12949 05/13/2015 11:02 TRESPASS WARNING
Location Tract
196 NW 8TH AVE DELRAY BEACH
Officer Supervisor
LUNSFORD, HOWARD C Gi.`ERRIERO NICOLE
Name SSN
Moody, Pauline
Race Sex DOB Age DL#IState
B F 02/16/1972 43 M300660725560 FL
Address Telephone#
609 SW 8TH AVE
561-856-271$
DELRAY BCH FL 33444
Property In Possession
Weapon In Possession
Admitted Record
• - Lei I
Year Make Model Color
0
Conversation, Abusive Language
Build, HEAVY
On this date I responded to The Caring Kitchen located at 196 NW 8th Ave in reference to a
trespass.
Upon arrival, I spoke with The Caring Kitchen Program Director and Client Advocate, April Hazamy.
Hazamy wished to trespass warn Pauline Moody, Hazamy advised Moody has continually caused
disturbances and other problems at this location.
Hazamy issued the trespass warning in my presence on the property. Moody then left the area
without further incident.
Moody was clear three ways via Teletype with history for FIRS and trespass.
Moody was last seen wearing a gray t-shirt which read "too blessed to be stressed", gray shorts,
white sandals and a gray hat.
r fldc5 Page 1
l.. 1. 1`1(1 7 r� `� �r�-r � I ` I •F-� ,,-, j „ �.
i
CRIME ANALYsm.
Moody was clear three ways via Teletype with history for FIRs and trespass.
Moody was last seen wearing a gray t-shirt which read "too blessed to be stressed", gray shorts,
white sandals and a gray hat.
Field Contact
Page 2
i
• 4[.s C.C00e4M rQRSr FiA r\\D FORM to
1
ts
l
.lfridr This of cc
cc li �J t o �D 4E�1QEn CITY OF DELRAY BEACH,FLORIDA
r•- i
heroin replied Me lrssar and AMP-RICAN LEGION POST
I
I
IN
hr-r�in n?!Pd lar lessee
m
u ft1E`$$Qfh,Thrrf in ronsidNraliolt of the ruurrrpon/.r'herrill roriininrd, peer !hr perp! SFt the said
h•s,'rv" la be kept Aped perforated,thr eald lrsa'r.r do es hereby tense to the snid!rata
the fallurnirig deserihed property:
Lots 23 and 24,Block B,West Side Heights Subdivision
N r
66
IE Subject to the terms,Condltions and agreements set forth In Appendix
A,which is attached hereto and expressly made a part of this Lease.
m
'T0 %Vt and TO 1101d the sarnr forlhe leapt of SIXTY-FOUR(64)YEARS
/rrrnrlhr �!-� day - -p A.1).1982 ,if,0 said lesSPe prel/irrg
1 there,ftrrthr annual rrWt of Dollars.
Awl Mr said fesser ctprrrrirnls alfa far wrid lensur la pall the acid rrid lri annual lump
Lim pnllnu nfx of Obe Dol lar rtrr'1+nu the first day of rnr li lrnd every OCtober,
Jur lb,�.arid Jr•rm,llrr firsi paymi,ift to he weleir air lite first Appy r:f October,1982,and
�? E annually thereafter for the term of the Lease=
to rt ik"ern urfal4l i.r'rnpruprrOroffr nsfew rrsr of !hr prrnzises; not rep irxsillrr this trayr or lir suh-
Ir1 riny frr,rf r,f.caid pre'ruisr'x Inr'lhurrl!hr rnri?lrrr r rn,tr rzt ref tflrr lr'BS(rr ; fit)[to rrsr sold prertiisry
1 fur wiy oilier parNrrxr Hparr cps arneeting hall for American Legion Post ,trial fu gree!ant!detrurr
S rip .caid premfaoix elf lfrp rird of.+nid lerni in cis eluod cmdffiem er.a !aryl arr Wane (epr'diuurrf wenr nod
1 dr,-(+f rrrrd drrmorlr hrl the eleinrirl,l only e.rrrelrlr•(f),Aird Iho"afd trasre lu'rr'hil r•rarrrzrrlll S
Wirt rrgrrr's Ihrtl if drfanit Sher!?be, made, ?ri 11rr• pnfa rat n/ !hr mit aa" afnr•rsaifl, or if!hr gaid
! ,carr .Tarr!!riolatr nlry ref lhr roveiwi tx of Ibis L',r.ar, their soil lr.eerr rholl herome le°narll
Wt xwflrranrP,Irrrr$rl rrafuiny all right of nolfrr,nerd fire losnor shrril be, enlifled intnwaliulely Fu
re-entrr rrrrd re-take, poxsrs,tion of the drwitrc'peen i_zes.
�ulfii@SS nnr lrrrrrdy and aeufa fins den of PI-el-N. A.D.ISI P�
igar ,SrrrfP rid D'4'rrr d in 1';r enr :
STATE OF FWRInA, L
COUNTY OF PALM BEACH J '
I HEREBY CERTIFY that on phis day, hcfnre me,m
effLur duly luehtu{?ed in tth^^e Stale aforesaid and In the County aferesxid to take arknawltdg-tots, Pt»onally appeared r
UU to nr knpi+ to be the wy n dutrihed in and wbo cuted rhe loregving ifogrumcnr and aeknowle6ged
lx lfl re and thap .??rvptd the:amt. £
Q7 WITN'ESS my hand and offiti,l n-al is the County and state Ln alarnaid thip «Ta day of C
.. ._. ... ..
urt`
erre rf .?et. ....................._.
U' MUTs� hfw4C SIA �stOtlAa rT LAA7hY•Herhe:t
.,
.,.,...............
Thiele ) "sc0aa :'ti10',(L". .:siva
>.4• IQQ
74,7.,J. 1St Ave, i ��ora Ir+xre I.A112,1 red.V-""WtrTFr4$
M
Delray 3each, Fla, 33444
i
I
I
APPENDIX A
ADDENDUM TO LEASE DATED Gt�t?ir+ F J ,1982,13Y AND BETWEEN
CITY OF DELRAY BZAClit FLORAL AND AMERICAN LEGION POST NO.
That the Lessee, American Legion Post No. hereby covenants and
agrees,as a part of the Lease between the parties regarding Lots 23 and 24,Block B, West
Side Heights Subdivision,as follows:
1. That the Lessee shall maintain in full force and effect for the entire term
of said Lease, comprehensive liability Insurance in the arnount of $500,004.00 for bodily
Injury and property damage combined, each occurrence, which said insurance shall
specifically name City of Delray Beach, Florida as additional Insured under said po)icy,
and that thirty (30) days' written notice shall be provided to the City of Delray Beach,
Florida upon any cancellation or modification of this insurance policy
2. That either party to said Lease may cancel same at any time,and for any
reason, upon sixty (60)days,written notice provided by hand delivery to the President of
the American Legion Post in case of cancellation by the Lessor,and to the City Manager
of the City of Delray Beach,Florida,in case of cancellation by the Lessee.
3, That this Lease Is made expressly contingent upon the Lessee using the
leased premises for a meeting hall for the American Legion Post No. , and its
attendant activities, and for no other purpose, No other use may be made of the leased
premises by the Lessee, Its officers, agents and assigns, nor may the premises be
subleased, without the express written permission of the Lessor. In the event the Lessee
shall fall to obtain the necessary written permission, or In any other manner not fully
comply with the terms and conditions set forth herein, then the Lessor shall have the
right,at its option,to consider said Lease terminated,which termination shall take effect
sixty (0) days subsequent to the date of notification of such termination given to the
Lessee.
4. That nothing herein, nor the act of leasing said property to the Lessee,
shall be construed as a approval of or participation In any of the actions, functions or
' programs of the Lessee,
wit esses:
AMP-RIC LEGION POST NO. �$
By
G� r
o STATE OF FLORIDA
ad
rn
p COUNTY OF PALM BEACH
R..
cn BEFORE MF, an officer duly authorized to take acknowledgments, personally
e.- I
to
»
LEASE AMENDMENT AGREEMENT
THIS AGREEMENT, made this -`qday of , �C. , 2006, between American Legion Dost
1B6 . ('Sublessor") and Christians Reaching Out to Society, Inc., a Florida nonprofit corporation ;
("Sublessee').
WITNESSETH_
WHEREAS, Sublessor and Sublessee are parties to a lease agreement (which lease
agreement, together with all modifications and extensions thereof, is hereinafter referred to as
the "Lease"), for a building located at 800 N.W. 2"d Street Delray Beach FL 33444 (the
"Demised Promises")-
WHEREAS, said Lease expired the 31 st day of August, 2006; and,
WHEREAS, both parties hereto desire to extend the lease far a period of Ten (10) years with a
single Ten (10) year option to renew.
NOW,THEREFORE, in consideration of the mutual covenants and promises exchanged hereln
and other good and valuable consideration, the adequacy of which is hereby acknowledged,
Sublessor and Sublessee agree to amend the Lease as follows, effective on the execution of
this Amendment. This Lease Amendment Agreement shall be upon the same terms, covenants
and conditions provided in the Lease, except as the same are hereby modified and
supplemented. Wherever there is any conflict between this Lease Amendment Agreement
(hereinafter referred to as this "Agreement") and the Lease, the provisions of this Agreement
are paramount and the Lease shall be construed accordingly:
1) Perrnittod hours of operation shall be amender{ to include: 7am-2pm Monday through
Friday and Monday, Wednesday and Thursday, 2pm – 6prn. Additional hours of
operation are permitted with the consent of both parties.
2) Repairs and improvements shall be amended to include Sublessee's maintenance of
the landscaping including, but not limited to, trimming, mowing and planting without
consent of Sublessor.
IN WITNESS WHEREOF, Sublessor and Sublessee, by their respective officers and/or
authorized representatives, have caused this Agreement to be signed in quadruplicate as of the
day and year first above written.
Sublessor:
Witnesse Sublessor:
Signatur American Legion Post 188
Printed Name: .-_
-_ Name: fi,4� .;
i
appeared '-, 'S-cRl-,.:�t4. 1A,111tM
to me known to be the persons described in and who executed the foregoing instrument
and "tikk,- acknowledged before me that -NA-mA executed the same.
SWORN TO AND SUBSCRIBED before me this Xck day of
'1982.
Notary Public, State of Fior da at Large
My Commission Expires: J.""%.HJUK SIAM d Ptoeloa Ay urr
Al CT*k A1%WyN(0113 ?1 1107 "
. �' IC7'LfC1 1hRU QYtj,^! iAS.Vi'Iw1'T�q`
witnesses: r i
ITX OF DELRA,Yr SEAGii ;• .
B fJ tis.-ter'
M A Y O
ATTEST:
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized to take aaknowledcMtnts,
personally appeared t v G• and
to me known to be the persons descrioad in and who execute t e orego ng
insturment and they acknowledged before me that they executed the same.
5WORk7 TO, AND SUBSCRI$ED before me this�day of July, 1982, -
otary Pub*a a
'Y PuSfic,$late d F7or.ak
MY(6=1!117,"R F:.ra,,':,Iri?77, 19:0
co
C"
Q
u1
A.
ao WORD VEWFIED
PA
.14 BEAC)i COV,%jry,FLA
JOHN S.DUNXLE
2 CLERK C RCUIT COURT
1
I
I
1
w
Si natur
9 _
Printed
C
Sublessee:
Witnesses:
Sublessee:
Signature:—
Christians Reacting Out To Society,Inc,
Printed Name: 9Q`_1 It ft 6F-/fit BY:
Name: d�
Signature: jj
Printed Name: s1 all)aK-)
i
� i
Message Page 1 of 1
Community Foots Pantry
From; Shutt, 1363n{Shutt@ci.delray-beach.fl.us]
Sent: Tuesday, December 05, 2006 8:45 AM
To: Community Food Pantry
Ca: Ruby, ,Susan
Subject: RE.,Caring Kitchen lease re-newal with American Legion
Juanita,the agreement looks ok. Thanks,
Brian Shutt
From: Community Food Pantry [mailto:communityfoodpan@bellsouth.net]
sent:Tuesday, November 28,2006 10,33 AM
To; Ruby, Susan; Shutt, Brian
Subject: Caring Kitchen lease re-newal with American Legion
I thought it would be best for us to run the lease renewal by you before we sign.
Let me know if it Is okay with the City.
Thanksl
Juanita Bryant, South County Coordinator
Caring Kitchen/Community Food Pantry
CROS Ministries
www.crosministri es.org
+ * e6afe scanned this email for malicious content ***
*** ImPoRTAl`T t Do not open attachments from unrecognized senders ***
12/512006
I
I
SUBLEASE
AGREEMENT OF SUBLEASE, ' made this day of , 1996,
between AMERICAN LEGION POST 188 ("SUBLESSuRl' and CHRISTIANS
REACHING OUT TO SOCIETY, INC., a Florida nonprofit corporation
("SUBLESSEE') .
1,O pgQXISS-TERM, SUBLESSOR is currently the holder of a
leasehold interest in the premises located at 800 N.W. 2nd Street,
Delray Beach, Florida ' 33444 and the adjacent parking lots
(hereinafter referred to as "PREMISES") , pursuant to a Lease
Agreement entered Into,on April 19, 1982 between the City of Delray
Beach, Florida and American Legion Post No. 188, also known as
Sherman Williams Post, which Lease was further amended on December
27, 1984 by Amendment to Lease Agreement Between the City of Delray
Beach, Florida and American Legion Post 188, also known as Sherman
Williams Post (collectively the "LEASE") . SUBLESSOR hereby
subleases to SUBLESSEE the PREMISES for a term commencing on the
15th day of June, 1996 and ending on the 30th day of ,Tune, 2D06.
The PREMISES is more particularly described as follows:
Lots 21, 22, 23 and 24, Block B, WESTSIDE HI�IGHTS SUBDIVISION.
2.0 RENT, SUBLESSEE agrees to pay to SUBLESSOR rent as
follows: ONE AND DOIDO ($1.00) DOLLARS per year shall be payable
commencing on Jure 15, 1996 and continuing to be payable on the
first day of June of each subsequent year through and including
,lune 1, 2006, Rent shall be paid at the address of SUBLESSOR
hereinabove set forth or such other place as SUBLESSOR may
designate. During the term of the lease SUBLESSOR acknowledges
SUBLESSEE'S permitted hours of operation as Monday through Friday,
7:40 A.M, to 2:00 P,M, and Tuesday, Wednesday and 'Thursday, 4:00
P.M. to 6:00 P.M. Additional hours of operation are permitted with
the consent of both parties,
3.0 REPAIRS AND IMPROVEMENTS. SUBLESSEE shall take good care
of the PREMISES and shall maintain it in good order and Condition,
ordinary wear and tear excepted, SUBLESSEE shall be entitled to
make such improvements and renovations to the PREMISES as SUBLESSEE
shall deem , appropriate and beneficial to the PREMISES, In
SUBLESSEE'S sole discretion. SUBLESSEE shall be res.pcnsible for
all costs of any such renovations or improvements and SUBLESSEE
shall be responsible for payment of all workmen, labormen or
materialmen providing labor or materials to improve the PREMISES.
SUBLESSEE shall not allow any lien to attach to the PREMISES. Any
such improvements or renovations shall require the consent of
SU&LESSOR, such consent not to be unreasonably withheld. SU5LESSEE
shall complete the improvements in a good and workmanlike manner.
4.0 UTILITIES. SUBLESSEE agrees to pay for one hundred
(l00%) percent of the expense for all utilities, including
electricity, water (if any), gas (if any) and telephone.
.SUBLESSEE'5 obligation will include four (4) meetings each month of
American Legion Post #188. For any additional functions (excepting
funerals) , SUBLESSOR will reimburse SUBLESSEE for its utility
expenses at a rate of $25.00 per each two (2) hours. &L4bBG6NB is
SUBLESSOR shall continue to
-11tmaintain all such utilities in SUBLESSORS name, and upon
SUSLESSOR'S receipt of utility invoices, SUBLESSOR shall.
Immediately forward same to SUBLESSEE, and SUBLESSEE shall make
payment for the utilities herein within the time frames required by
any such utility company.
5.0 OBLIGATIONS OF SUBLESSEE. SUBLESSEE, at all times during
the term of this SUBLEASE, SHALL;
5.1 Clean and Sanitary. Keep the PREMISES clean and
sanitary, remove all garbage in a clean and sanitary manner,
Page 1 of 4
I
and keep all plumbing Fixtures clean and sanitary and in
repair.
5,2 Use of Appliances. Use and operate in a reasonable
manner all electrical, plumbing, sanitery, heating, cooking,
ventilating, air--conditioning and other such facilities,
appliances and equipment.
5.3 NeiahboEs. Conduct himself or herself, and require
Persons on the PREMISES with SUBLESSEE's consent to conduct
themselves, in a manner that does not unreasonably disturb
SUBLESSEE's neighbors or constitute a breach of the peace.
5.4 CompXiance with Law. Comply with all present and
future laws, orders and regulations of Federal, State, Countlr
and municipal authorities which affect the use or occupation
of the PREMISES,
6.0 DEFAU
6.1 If ,SUBLESSEE fails to perform any of SUBLESSEE's
obligations mentioned in the SUBLEASE, other than SUBLESSEE's
obligation to pay rent, or if SUBLESSEE engages in
objectionable conduct, or if the PREMISES are damaged because
of negligence or misuse by SUBLESSEE, SUBLESSEE's members,
agents or representatives, or other person on the PREMISES
with SUBLESSEE's consent, then, in any one or more of such
events, SUBLESSOR may, Serve upoUBLES ��rda Statutes and
n S the Seven ( day
notice referred to in Section 83.55(2),
if such default of SUBLESSEE has not been cured and corrected
or objectionable conduct stopped within said seven (7) day
period, then at the and of said seven (7) days, SUBLESSOR may
at SUBLESEOR'S Option, either (i) terminate the SUBLEASE by
serving upon SUBLESSEE a three (3) day notice of SUBLESSOR'S
election to do so, and upon the expiration of said three (3)
days the SUBLEASE shall terminate and SUBLESSOR shall retake
possession of the PREMISES for its own account, or (ii) retake
possession of the PREMISES for the account of SUBLESSEE, who
shall remain liable to SUBLESSOR, and in either event
SUBLESSEE shall give up the PREMISES to SUBLESSOR.
6.+2 Notwithstanding anything contained herein to the
contrary, SUBLESSEE shall be entitled to all remedies
available under Chapter 83, Florida Statutes, without
limitation,
7.0 DESTRUCTION OF PREMISE .
7.1 If the PREMISES are damaged or destroyed in whole,
by no fault of SUBLESSEE, so that the enjoyment of the
PREMISES is substantially impaired, then the rent shall be
proportionately paid up to the time of the casualty and
henceforth shall abate until the date when the PREMISES have
been repaired or restored, provided, however, that in the
event of such substantial impairment, SUBLESSEE shall have the
right to terminate the term of the SUBLEASE by giving notice
to the SUBLESSOR of its exercise of such right at any time
within tMrty (30) days after the occurrence of such damage
and destruction. If this notice is given, the term of the
SUSLEA5E shall terminate on the date specified in the notice,
(which shall be not more than fifteen (15) days after the
giving of such notice) , as fully and completely as if such
date were the date set forth in the SUBLEASE for the
termination of the SUBLEASE. If SUBLESSEE has not given the
notice of termination as herein provided, SU13LESSOR shall
proceed to repair the PREMISES, and the SUBLEASE shall not
terminate.
- -,.. . ... ...7...2. ...,x.f. the ..PREMISES shall be partially damaged or
partially destroyed, without substantial impairment of
SUBLESSEE'S enjoyment of the PREMISES, the damages shall be
Pages 2 of 4
repaired by and at the expense of SUBLESSOR, with SUBLESSDR'S
obligation only to use the proceeds of any insurance covering
the PREMISES to effectuate any such repairs, with due
diligence and expediency. SUBLESSOR shall not be liable for
any inconvenience or annoyance to SUBLESSEE resulting in any
way frodl such damage or the repair thereof.
8.0 END OF TERM ABAXDDNED PROPERTY. At the and of the
term, SUBLESSEE shall vacate and surrender the PREMISES the
SUBLESSOR, broom clean, and in as good condition as they were at
the beginning of the term, ordinary wean and fear excepted, and
SUBLESSEE shall remove all of SUBLESSEE's personal property. Any
improvement attached or affixed to the property shall be deemed
"real property".
9,0 NOTICE. All notices due hereunder and required by
Statute shall be sent by certified mail, return receipt requested
to the SUBLESSOR and SUBLESSEE at the address set forth horein.
i
10.0 INSURANCL. It shall be the 5UBLESSOR'S responsibility
to insure, at its own expense, comprehensive liability insurance in i
the amount of $500,Q00-OD for bodily injury and property damage
combined, each occurrence in accordance with the provisions of
Appendix A, baragraph 1 of the LEASE dated April 19, 1982 between
city of Delray Beach, Florida and American Legion Past No. 189.
Property damage insurance shall be maintained in at least the value
of the PREMISES, including all improvements therein. SUBLESSOR
shall name SUBLESSEE as an additional insured in aforementioned
polici6s and SUBLESSEE will name SUBLESSOR as an additional insured
on its liability policy for this location.
11.0 WAIVER OF TRIAL BY JURY. SUBLESSOR and SUBLESSEE hereby
waive trial by jury and in any action, proceeding or counterclaim
brought by either party against the other pertaining to any matters
whatsoever arising out of or in any way connected with the SUBLEASE
or SUBLESSEE's use and occupancy of the PREMISES, other than an
action for personal injury.
� I
12.0 QUIET ENJOYMENT, SUBLESSOR agrees with SUBLESSEE that
upon SUBLESSEE paying the rent and performing all of terms,
covenants and conditions of the SUBLEASE on SUBLESSEE' part to be
performed, SUBLESSEE may peaceably quietly enjoy the PREMISES.
13,0 GOVERNING LAW. This SUBLEASE shall be governed and
construed in accordance with all Laws of the State of Florida, as
may be amended from time to time, and venue shall be in Palm Beach
county, Florida.
i
14.0 CONSENT. SUBLESSOR does.hereby acknowledge and agree
that the City of Delray Death, Florida has given its consent as
required pursuant to the Codes and Charter of the City of Delray
Beach for the SUBLEASE of the PREMISES from SU&LESSOR to SUBLESSEE,
5UBLESSEE'S use thereof, and to the terms and conditions contained
In this SUBLEASE. The City of Delray Beach, Florida does hereby
attorn to and consent to this SUBLEASE AGREEMENT, and a copy of the
written consent is attached hereto a5 Exhibit "A" and made a part
of hereof.
IN WITNES1 WHEREOF, the parties have executed the SUBLEASL as
of the day and year first above written.
i
witnesses; SUBLESSOR:
'
RMERIFW LEGION POST 188
B C
FilTted Hump .� Haney
1' Tltle: <om
1
s
I PrSnt Hamus j
Page 3 of 4
i
CHRISTIANS REACHING OUT TO
SOCIETY, INC-, d Florida
nonpro ' corporation
Sy
ezinrad,ra,r�r C Sd!`) xamaf
_. �Cr�• . �
By, L
–" •Tfl.i�a OJt} xame• � X.lJ3J.��tl[L,SX++�
printed Nxm9:
=-G'i Name# £ arV! f�•1
S'T'ATE OF FLORIDA )
5s:
COUNTY Off' PALM BEACH )
I HEREBY CERTIFY that on this day, beforo me, an officer duly
authorized in the State aforesaid and in the County aforesaid, to
take acknowledgements, personally appeared Awr ST ',PnI 6-,
in hig/mss-capacity as Cdr1 JV of AXERfC—pN LEGION POST
188,
[ _ personally known to me, or as identification
[�} has produced
and who, being duly sworn, executed the foregoing instrument and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this e rq- day of AU6- 1996"
� iSignxtu=e� .
to=intvd Name)
My C o=i s s i ors Expires: 4�tS4tiS4S4ti4ti5544444444�444444ti15S441ES44�44444\44
My Commission No, is, �y,y ).mmBoyd
° Not SmteorFWt�i:6 <
Cammisil6nNn. SSAi7.1 t
�+o,na MYCQrtaaIstiaoEYV.o72
STATE OF FLORIDA
} 9 S:"irterr�rK�Nrrrrrrura(rre�taNu�rerrrrenutn
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the state aforesaid and in the C unt a�Qresa'id, to
take kno ledge en d s, personals appeaxean arc o
and owl as 5. of CHRIS`TIA4 REACHING
CUT TO sOCIETY, INC.,
[V] personally known to me, or
[�) has produced as identification
and who, being duly sworn, executed the foregoing instrument and
14'ac�knowledged before me that he executed the same.
- WITNES& my hand and offi-ial s ai in the County acid State last
afbresaid this day of v a,5 , 1946. f
�Slgnatsstej
JeG•,,,� e�v�l�1
iPxintad game
My Commis sion..Expire s:
My Commission No. is: .�H;,� JEaJiNE YIoLIN
a65EXPIRES
�f 6AV C�111si4S5lG'{+�'
If Juno 21,5397 rv�.lhc.
8 NUE6IHNU ShVY F1L4�U'>a'1�"
aeVjyhOeL entVmcklnney4ohrl etia,l.oa "�"�
Rov. 6/11/96
Sar,
1
/29/96
Rav, 6/62/9d
ReV 8166/46
Page 4 of 4
i
i
- �
Ordinance 05-15
My name is Ron Nobili, a member of a discriminated elass of residents living within the
Marina Historical District ( MHD). The discriminated Blass consists of widows, widowers, never
marrieds,snowbirds, ( especially City Marina seasonal live aboards) and divorcees,those most
likely not possessing a second vehicle in Florida,oonsequentiy unable to utilize a third available
on-street parking space as those with a second vehicle are able to.
At the last Commission meeting discrimination was highlighted. On Easter Sunday the
adult children of my significant other nor my uncle and his wife were able to conveniently visit us
beoause my significant other was utilizing my one and only guest pass. An identical illustration
of discrimination manifested itself on Mothers' Day exhibiting 22 vacant on- street parking
spaces at 8:30 ANC, 20 at 1:45 PNS and 17 at 8:30 PM.
Further highlighting the inequity of Ordinance 05-15, recently l had a friend from
Connecticut stay with me for a week. My significant other could not visit me because my visitor
was utilizing my one and only obtainable guest pass.
Recently ( had a computer specialist assist me. My significant other had to leave. if I had
required the services of a medical professional/physioal therapist, my significant other would
have to leave.
On Friday last, my only vehicle, ( permit attached to windshield) required extensive service
over days. Which vehicle would you suggest ( subject to risk and park at the Publix
shopping plaza so that ( might enjoy the company of my significant other with only one guest
pass? The rental ear or my significant other's car? There were on average z* vacant on-
street parking spaces on Marine Gray each day my vehicle was incapacitated. In each of the
former situations illustrated, married couples, some who do not live in Delray Beach with two
permitted vehicles and a guest pass do not suffer such diminished quality of life as they are able
to utilize up to three on-street parking spaces. In each of the situations illustrated, there were
several vacant on-street parking spaces available.
A rM , ni-i-m Q9D i VAS r;'�
Virtually every primer utilized in City planning 101 courses encourages promising City
Administrators and planners to effectuate maximization of utilization of the municipalities'
assets (provided parking spaces are Municipal assets ) within it's boundaries simultaneously
promoting the highest obtainable quality of life for residents. Nowhere do those primers suggest
that City Administrators allow themselves to become influenced by self-serving HOA's
promoting their private property interests over PUBLIC entities at the expense of other
residents within a municipality.
The evidence attached clearly indicates that consistently almost half of the 38 parking
spaces on Marine Way are not utilized, nor are they able to be utilized by certain Delray
residents who have a need to use them. Ordinance 05-15 selectively, unfairly and
unnecessarily adversely impacts the quality of life of certain residents of Delray Beach, 24 /7,
355.
Delray Beach is a City, not a gated community. It is indisputable that no- parking signs
be installed to enable the free flow of emergency vehicles on narrow streets. Questionable is the
implementation of a discriminatory vehicle permitting system of a PUBLIC street with suitable
regulation sized parking spaces based on vehicle/ property ownership criteria and the
capitulation to 140A's and community organizers for political expediency. Again, the timing of
the first reading of Ordinance 05-15 speaks volumes!
On-street parking analysis
am a resident within the Marina Historical District( M14D), 159 Marine Way_On Marine
ay there are 38 on-street parking spaces,including 2 that are designated handicap parking
paces. What follows is disclosure reflecting vacant on street parking spaces on the date and
me indicated_For this purpose,vacant on-street parking spaces do not include the two
signated handicap parking spaces,Consequently the number of vacant on-street are those
t of 36 on-street parking spas s,on Marine Way,the widest street within the UND.
No
ate: �/& Time G:3 o Time 0 Time Time Permit
want spaces > 7 1 /
ate: 5/7_ Time /tt.°s Time J.',P Time ':I; Time
avant spaces 12,10 ,2 3 /`f
ate: S/S Time 7•' Time Time.
/ 7
scant spaces �7
ate: Time 9�`3`� Time 1.2"-- Time 7:3'time
avant spaces / 7
-7 J
ate: �/'/0 Time 9::3(2 Time / 4Slime S,'36Time
avant_spaces 2 2- '20 17 ?o
ate: ,//1 Time �,:3,v Time. A- o o Time Time
aeant spaces "7_ / 2- 0
ate: -!5-Il z Time 47 a Time-Al"'-( Time 9 Time
aeant spaces �` '.20 q
C'L `, )
On-street parking analysis
I am a resident within the Marina 141storioal District(MI40), 159 Marine Way.On Marine
lay there are 38 on-street parking spaces,including 2 that are designated handicap parking
paces. What follows is disclosure reflecting vacant on-street parking spaces on the date and
me indicated_For this purpose,vacant on-street parking spaces do not include the two
esignated handicap parking spaces. Consequently the number of vacant on-street are those
at of 36 on-street parking spao1pon Marine Way,the widest street within the MHO.
p No
'ate: —5711� Time 9' Time nto,01Y Time 9,'-3 Jime permit '
'aaant spaces /�► / /9
'ate: Time 7-'SAO Time ,/ : m Ac;, Time 4?'3 crime
!aoant spaces Ae / 7 7- 0
'ate: Time '= Time 4.',00 Time_ Time 19
"acant spaces / .20 19'
'ate: h� Time 9 0 o Time 4:-,o Time¢'.� Time
'scant spaces 19
ate: TimeTime ._;5: -9 Time ``0 Time
'scant spaces .Z3 � Z o
ate: -1f Time 7.:a-o Time. 'Time 9:`w"°Time
acant spaces 071/
ate: I Time 9- a Time W°aA' Time '7 "-Time
acant spaces .zl - ,•' .-? /