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01-19-16 Regular Meeting AgendaCity of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Tuesday, January 19, 2016 Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non -Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non -agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. 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 to speak, please complete the sign -in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern 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. City Commission Regular Commission Meeting January 19, 2016 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: 3.A. APPROVAL OF MINUTES Recommendation: Motion to Approve various sets of City Commission Meeting minutes as listed below: January 12, 2016 Workshop Meeting Minutes Attachments: January 12, 2016 City Commission Workshop Meeting Minutes 4. PRESENTATIONS: 4.A. SPOTLIGHT ON EDUCATION - PLUMOSA SCHOOL OF THE ARTS. CATHY REYNOLDS, PRINCIPAL, WILL PRESENT ACCOMPLISHMENTS FROM THIS SCHOOL YEAR AND OUR PARTNERSHIP ON FAMILY ENGAGEMENT Sponsors: Community Improvement 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 6. AGENDA APPROVAL 7. CONSENT AGENDA: City Manager Recommends Approval 7.A. APPROVAL OF A FINAL SUBDIVISION PLAT FOR TROPIC CAY 2, LOCATED SOUTH OF AVENUE "F", BETWEEN FREDERICK BOULEVARD AND FLORIDA BOULEVARD Recommendation: Recommended Action: Move approval of the Final Plat for Tropic Cay 2, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Sponsors: Planning and Zoning Board Attachments: Tropic Cay 2 Plat City Commission Report Final Plat P&Z Staff Report from November 16, 2015 Consent Agenda Acknowledgement Final Plat City of Delray Beach Page 3 Printed on 112112016 City Commission Regular Commission Meeting January 19, 2016 7.113. APPROVAL OF THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF TROLLEY SERVICE (DOWNTOWN ROUNDABOUT) Recommendation: Approve First Amendment to the Interlocal Agreement (ILA) between the City of Delray Beach (CITY) and the Delray Beach Community Redevelopment Agency (CRA) for Funding of Trolley Service. Sponsors: Environmental Services Department Attachments: ILA between City / CRA Funding Trolley Services First Amendment to ILA Funding Trolley Services 7.C. ANNUAL PERFORMANCE PAYMENT - JCD SPORTS GROUP, INC. Sponsors: Parks & Recreation Department Attachments: Performance Measure FY14-15 Final results Performance Measure 14-15 Final Results TC Performance Measure 14-15 Final Results LV 5 Year History 7.D. FY15-16 PROPOSED PERFORMANCE MEASURES FOR THE TENNIS FACILITIES, LAKEVIEW GOLF COURSE AND THE MUNICIPAL GOLF COURSE Recommendation: Motion to approve proposed performance measures for FY15-16 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. Sponsors: Parks & Recreation Department Attachments: Proposed Performance Measure 15-16 TC Proposed Performance Measure 15-16 LV Proposed Performance Measure 15-16 DBGC 7.E HOUSING REHABILITATION GRANT AWARD FOR 516 NW 48TH AVENUE Sponsors: Community Improvement Attachments: Bid No. 2016-033 Tab Sheet Bernard Bid Information Sheet SHIP Agreement Lien Agreement SHIP Lien Agreement RCMP Memorandum of Understanding Notice to Proceed 7.F. PROCLAMATIONS: Nw1.3W_TyIta611to] :YdLTA 167,11CIZ11Y9ZyW_1►TAMAN Ito] 01I Sponsors: City Clerk Department City of Delray Beach Page 4 Printed on 112112016 City Commission Regular Commission Meeting January 19, 2016 Attachments: Proclamation 7.G. AWARD OF BIDS AND CONTRACTS: 7.G.1 BID AWARD TO MULTIPLE VENDORS FOR SAFETY SHOES FOR CITY EMPLOYEES (BID 2016-030) Recommendation: Motion to award Bid 2016-030 for the purchase of safety shoes to the following vendors: Global Trading, Inc. for the lowest bid and as the primary vendor in an amount not to exceed $27,000. Coonerty's Sole Mate D/B/A Red Wing Shoes as a secondary vendor in an amount not to exceed $5,000. Sponsors: Purchasing Department Attachments: 2016-030 Purchasing Checklist RL 2016-030 Tab Sheet Global Trading Packet for Bid 2016-030 Red Wing 7.G.2 PURCHASE OF FIRE BUNKER GEAR FROM MUNICIPAL EQUIPMENT COMPANY, LLC Recommendation: Motion to Approve the purchase of Fire Equipment from Municipal Equipment Company, LLC. in an amount not to exceed $26,928.00. Sponsors: Attachments: Purchasing Department Itemized Quote Best Price Letter Contract Renewal 7.G.3 ANALOG ENCODER UPGRADE FOR GRANICUS, INC. FOR VIDEO/ AUDIO STREAMING Recommendation: Motion to approve analog encoder upgrade of encoder hardware, including cost and monthly managed service, to help maintain Granicus video/ audio streaming, paperless agenda and civic engagement software to Granicus, Inc. Total upfront costs are $4,700. The encoder upgrade pricing breakdown includes the following: Total Hardware Upfront: $2,625.00 Total Services Upfront: $2,075.00 Total Cost $4,700.00 The recommendation for the award is in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property." More specifically, Section 36.03(B) is applicable with multiple acuisitions of $25,000 and above from same City of Delray Beach Page 5 Printed on 112112016 City Commission Regular Commission Meeting January 19, 2016 vendor. Sponsors: Purchasing Department Attachments: Delray Beach - Analog Encoder Upgrade 2016 Bid No. 2015-27 Tabulation Purchasing Checklist 8 REGULAR AGENDA: 8.A. WAIVER REQUEST FOR 1040 SOUTH OCEAN BOULEVARD REGARDING LOT FRONTAGE (QUASI-JUDICIAL HEARING) Recommendation: Motion to Approve a waiver to LDR Section 4.1.4(C), which requires that the that the property not be developed except in accordance with the minimum frontage of the R -1 -AA zoning district, based on positive finding with respect to LDR Section 2.4.7(B)(5). Sponsors: Planning & Zoning Department Attachments: Location Map Conceptual Site Plan Aerial Survey Plat Justification Statement Support Letter Email from Bob Victorin City Commission Board Order 8.113 ROUTINE BUSINESS: (All Items Under This Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Seperate Consideration): 8.113.1 AMENDMENT TO SHI FOR MICROSOFT OFFICE 365 LICENSES Recommendation: Motion to approve a sole source amendment with SHI to migrate Microsoft Office licenses to Microsoft Office 365 licenses at a cost of $31,160.80. Sponsors: Purchasing Department Attachments: SHI Original Agreement SHI License 8.113.2 INTERLOCAL AGREEMENT - CRA- CO -TITLE TENNIS TOURNAMENT SPONSORSHIP Recommendation: Motion to appprove the Interlocal Agreement with the CRA for a term which will commence upon execution of the contract and terminate on September 30, 2016 for the Co -Title Tennis Tournament Sponsorship in the amount of $550,000. City of Delray Beach Page 6 Printed on 112112016 City Commission Regular Commission Meeting January 19, 2016 Sponsors: Parks & Recreation Department Attachments: INTERLOCAL AGREEMENT BETWEEN CITY AND CRA FOR SPONSORSHIF FY15-16 CRA Budget to City Commision 83.3 PROPOSED INCREASE TO MARINA RENTAL RATES - REVISED Recommendation: Motions to Approve: 1. Establish and charge a live -aboard rate for lessees who occupy their vessel on a full-time basis. Full-time basis would be defined as the principal/permanent domicile of the lessee. 2. Increase rental rate from $18.00 per foot per month to the following amounts (Table1): Live -aboard $21/ft./month Non -Live -aboard $20/ft./month Monthly Transient $1,350/month Daily Transient $60/day Sponsors: Parks & Recreation Department Attachments: December Marina Rates 2015 Proposed Marina Rates Per Month License Agreement for Boat Dockage 8.113.4. BID 2016-051 TO D.A.K. SECURITY AGENCY, INC. FOR PRIVATE SECURITY FOR THE TENNIS TOURNAMENT ATP CHAMPIONS/ DELRAY BEACH OPEN Recommendation: Motion to Award Bid No. 2016-051 to D.A.K. Security Agency, Inc. as the lowest responsive bidder, in the amount of $43, 055.50 for private security for the ATP Champions Tour/Delray Open by the Venetian Las Vegas. Sponsors: Parks & Recreation Department Attachments: Tab Sheet Bid No. 2016-051 Bid 2016-051 Delray Beach Open Security Match Point Agreement Amendment No 1-5 to the Match Point Agreement Quote Submittal DAK Security 12.28.15 8.C. BID AWARD TO MULTIPLE VENDORS FOR STORAGE AREA NETWORK ARRAY COMPONENTS (BID 2016-048) Recommendation: Motion to Award Bid No. 2016-048 to the following: SHI for the purchase of Pure Storage in the amount of $1,134,240. Extensible Computing LLC dba SI -Powers for the purchase of computer servers, switches and components in the amount of $306,745.92. Sponsors: Purchasing Department City of Delray Beach Page 7 Printed on 112112016 City Commission Regular Commission Meeting January 19, 2016 Attachments: Bid Tabulation Sheet City of Delray Beach End User Agmt Jan 14 2016 9. PUBLIC HEARINGS: 9.A. ORDINANCE NO. 01-16 -102 SW 12TH AVENUE, LOCAL REGISTER OF HISTORIC PLACES DESIGNATION (SECOND READING) Recommendation: Motion to approve on the first reading of Ordinance No. 01-16 that the property located at 102 SW 12th Avenue be listed on the local register of Historic Places as "Ridley Temple Church of God in Christ, Inc.", by adopting the findings of fact and law contained in the staff report, and findings that the request and approval thereof is consistent with the Comprehensive Plan and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. Sponsors: Planning & Zoning Department Attachments: HPB Memorandum Staff Report from 11-18-15 Ordinance Designation 01-16 Church Exterior -Front Facade Back and South Side Of Church Church Interior Details 1940's -1950'S Breezeblock Handrails -Architectural Details Aerial View of Church and Adjacent Lots Church Interior -Stained Glass Panel Front Facade of Church Showing Breezeblock and Original Cross North Side of Church Designation Report submitted by Applicant 9.113. ORDINANCE NO. 04-16: CONSIDERATION TO APPROVE AMENDING TITLE XI, "BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY CREATING CHAPTER 120, "OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS (SECOND READING) Recommendation: Motion to Approve an amendment to Title XI, "Business Regulations", of the Code of Ordinances of the City of Delray Beach by creating Chapter 120, "Operation and Sale of Food From Mobile Food Trucks". Sponsors: Community Improvement Attachments: Ordinance No. 04-16 9.C. ORDINANCE NO. 05-16 CONSIDERATION TO APPROVE AMENDING SECTION 37.45(Q), "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", OF THE CODE OF ORDINANCES, TO INCLUDE ASSOCIATED CIVIL PENALTIES FOR VIOLATIONS OF ORDINANCE NO. 04-16, WHICH IF APPROVED, WILL ALLOW THE OPERATION AND SALE OF FOOD FROM A MOBILE FOOD TRUCK (SECOND READING) City of Delray Beach Page 8 Printed on 112112016 City Commission Regular Commission Meeting January 19, 2016 Recommended Action: Recommendation: Motion to Approve an amendment to Section 37.45(Q), "Supplemental Code Enforcement Procedures", of the Code of Ordinances to include associated civil penalties for violations pertaining to mobile food trucks. Sponsors: Community Improvement Attachments: Ordinance No. 05-16 Food Trucks Administrative Rules and Regulations 10. FIRST READINGS: 10.A NONE 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager 11.A.1 Status of the Delray Beach Arts Garage Sponsors: Attachments: B. City Attorney C. City Commission City Manager Department Memo- Status Arts Garage- Commission City of Delray Beach Page 9 Printed on 112112016 File #: 16-096, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 APPROVAL OF MINUTES Recommended Action: 100 N.W. 1 st Avenue Delray Beach, FL 33444 Motion to Approve various sets of City Commission Meeting minutes as listed below: January 12, 2016 Workshop Meeting Minutes City of Delray Beach Page 1 of 1 Printed on 1/15/2016 powered by LegistarTM City of Delray Beach 100 NW 1 st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com �n Minutes - Draft Tuesday, January 12, 2016 6:00 PM Workshop Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz City Commission Minutes - Draft January 12, 2016 WS.1 16-103 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the City Commission Chambers at City Hall at 6:00 p.m., on Tuesday, January 12, 2016. Roll call showed: Present- Vice Mayor Shelly Petrolia Commissioner Jordana Jarjura Commissioner Mitch Katz Mayor Cary Glickstein Absent- Deputy Vice Mayor Alson Jacquet Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney, and Chevelle D. Nubin, City Clerk. Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA: Discussion Regarding the Development Application Process: Mr. Tim Stillings, Planning and Zoning Director, introduced the Planning and Zoning Department staff and conducted a PowerPoint Presentation regarding the Development Application Process. He highlighted objectives and spoke regarding what is not changing i.e. prerequisite actions. He discussed the makeup of the boards in terms of simplifying and consolidation of the Planning and Zoning Board and the Site Plan Review and Appearance Board (SPRAB). He asked that one board be established that meets twice a month. He discussed the current process for site plans (Class I-V) and approval levels for site plans and related applications. Mr. Stillings spoke regarding the proposed site plan process i.e. Class V Approval Grouping, various elements of Code Relief: waivers, internal adjustments, special provisions and administrative. Other recommendations were made for plats, establishment of a color palette and signs. He discussed next steps. Commissioner Jarjura thanked Mr. Stillings and stated she appreciates the work that staff put into this presentation. She discussed her frustrations regarding certain items that came before Commission in terms of site plan City of Delray Beach Page 1 Printed on 1/13/2016 City Commission Minutes - Draft January 12, 2016 issues. Commissioner Jarjura spoke regarding application submittals suggesting that there be a timeline. She stated she supports the combination of the boards and spoke regarding the Board of Adjustment and the way the code is currently drafted. Commissioner Jarjura stated this needs to be reviewed. She spoke regarding extensions and suggested for an initial 12 month extension, the board should be able to approve it; if the extension would be for more than 12 months, the Commission should approve the extension. She stated she agrees with staff regarding plat approvals. Commissioner Jarjura also suggested that when this is incorporated into the code, there should be set timeframes regarding historic designation applications and having form sheets/deadlines for application submittals and when the application will come before the board and the Commission. Vice Mayor Petrolia stated she has a different perspective and stated there are some really good points. She stated she is concerned about the lack of public input that this would entail. Vice Mayor Petrolia spoke regarding the flow of the boards and stated each board has a very distinct function. She asked about the flow chart for the site plan approval levels. Mr. Stillings stated the Development Services Management Group (DSMG) meetings are open to the public. Vice Mayor Petrolia reiterated her concern about public input in terms of the approvals. Mr. Stillings provided further clarification regarding what would be approved administratively if it meets the code. Vice Mayor Petrolia asked further questions in regards to the board approvals regarding site plans and the streamlining of the process. Discussion ensued regarding the site plan approvals and the board process. Vice Mayor Petrolia stated she is really concerned about the persons who are currently serving on boards and stated she feels they should be persons who live and vote in the city. Commissioner Katz thanked staff for the work they have done on this process. He stated he concurs with Vice Mayor Petrolia's comments regarding whether the two boards should be combined or are needed or not and stated he is concerned about limiting public input. He stated having to go back to the boards multiple times needs to be fixed. He commented regarding waivers. Commissioner Katz stated residents should be on the City of Delray Beach Page 2 Printed on 1/13/2016 City Commission Minutes - Draft January 12, 2016 boards and that the board qualifications should be reviewed. He stated it is important to streamline what is going before the boards and discussed the reconstitution of the boards, meeting frequency and attendance. Commissioner Katz stated he would like board member input before this process becomes final. He also stated he would like other cities compared regarding boards. Mayor Glickstein stated he would like further information regarding city comparison of boards. He spoke regarding the balance between an efficient process for applicants, staff and public input. He stated we do not want to do anything to disengage the public from the process. He spoke regarding the goal of public input. Mayor Glickstein stated he is open to the combination of boards. He asked what would be coming off of the agendas for the boards and what the board would be hearing with the new process. He gave additional comments regarding what could be occurring now. He stated he is supportive of streamlining the process. Mayor Glickstein stated the public wants predictability i.e. timeline for when the applications will appear before the City Commission. Mr. Stillings discussed the efficiency process regarding applications and current timelines for the Technical Advisory Committee (TAC) review process, etc. Mayor Glickstein asked about the pre -application review meetings. He also inquired about the combination of boards and commented about the totality of work from applicants, staff, boards, Commission and the public. Mr. Stillings provided a case example of the review process. Discussion continued regarding the combination of boards and the review process. Mayor Glickstein stated he is open to the combination of boards if that helps the process and staff feels those agendas would be manageable. He spoke regarding the quality and makeup of the boards. He commented regarding the process and how we do things. Mayor Glickstein stated he would like a color palette and commented on other aspects of the process. Commissioner Jarjura commented regarding architectural review and the division of the review between our boards. She stated it should be combined under one board versus divided. She stated this is what she is speaking of in terms of merging the boards. Commissioner Jarjura also commented regarding the workload and what is coming before the boards and stated this needs to be fixed so that the process can be clarified for all participants. City of Delray Beach Page 3 Printed on 1/13/2016 City Commission Minutes - Draft January 12, 2016 WS.2 16-105 Vice Mayor Petrolia stated it is important that there is a timeline in terms of responsiveness from applicants. She stated it is important that the city has a process that people can understand. Vice Mayor Petrolia stated there are probably cities who implement their process very well and stated she would rather have staff look at the cities that have a good reputation for being a city that is easy to move through and find out what those cities are doing. She referenced certain complaints that she has received regarding the city's process. Discussion continued regarding what the boards should be doing and the review/approval process itself. Commissioner Katz asked about an economic development policy for target industries. Mayor Glickstein spoke regarding a residency requirement for the Planning and Zoning and Site Plan Review and Appearance Boards. Commissioner Jarjura spoke regarding an incentive for re -purposing an existing structure and if it can go through a staff review versus a board. Mayor Glickstein stated the City Commission is keenly open to good ideas. Mr. Stillings stated his staff is a very hardworking group and tries very hard to work with customers of the city. Commission Comments: Commissioner Katz asked about the status emergency management contract. Mr. Pfeffer spoke regarding the contract and stated he is going to prepare an amendment. Commissioner Katz inquired about the Arts Garage and asked at what point will this come before the City Commission. Mr. Cooper stated this will be provided as part of the City Manager's report at the next meeting. City of Deiray Beach Page 4 Printed on 111312016 City Commission Minutes - Draft January 12, 2016 Mayor Glickstein asked the City Attorney to brief the City Commission regarding Costa Mesa and their legislation regarding sober homes. Commissioner Katz spoke regarding the Matchpoint contract and asked about the sponsorships. Mayor Glickstein adjourned the meeting at 8:04 p.m. City Clerk ATTEST: Mayor The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, January 12, 2016, which Minutes were formally approved and adopted by the City Commission on January 19, 2016. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. City of Deiray Beach Page 5 Printed on 111312016 File #: 16-041, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 SPOTLIGHT ON EDUCATION - PLUMOSA SCHOOL OF THE ARTS. CATHY REYNOLDS, PRINCIPAL, WILL PRESENT ACCOMPLISHMENTS FROM THIS SCHOOL YEAR AND OUR PARTNERSHIP ON FAMILY ENGAGEMENT City of Delray Beach Page 1 of 1 Printed on 1/14/2016 powered by LegistarTM venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-064, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 APPROVAL OF A FINAL SUBDIVISION PLAT FOR TROPIC CAY 2, LOCATED SOUTH OF AVENUE "F", BETWEEN FREDERICK BOULEVARD AND FLORIDA BOULEVARD Recommended Action: Move approval of the Final Plat for Tropic Cay 2, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Background: The item before the City Commission is to approve a final plat for a thirteen lot subdivision being platted as Tropic Cay 2. The subject property is located south of Avenue "F", between Frederick Boulevard and Florida Boulevard. The 1.23 -acre property consists of Tropic Cay Plat recorded in Plat Book 109, Page 43, together with Lots 51 through 56, inclusive, Block 35 of the Plat of Del -Raton Park recorded in Plat Book 14, Pages 9-10. The subject property is zoned RM (Medium Density Residential) and has a Future Land Use Map Designation of TRN (Transitional). The subject property is partially developed and contains an 8 -unit townhouse development located on the west one-half of the property which fronts on Frederick Boulevard (Tropic Cay). The Applicant proposes the construction of a 5 -unit townhome building on Lots 51 through 56 inclusive, Block 35, Del -Raton Park, fronting on Florida Boulevard (Tropic Cay Phase II). The Tropic Cay development was previously platted. By combining both development parcels as one unified development (i.e. Tropic Cay and Tropic Cay Phase II), the combined parcels will support thirteen townhome units at a density of 10.56 dwelling units per acre. A replat combining the Tropic Cay subdivision together Lots 51-56, Block 35, Del -Raton Park provided the mechanism for combining the two sites as one unified development. City Attorney Review: City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 16-064, Version: 1 Timing of Request: There is no sensitivity with respect to this item. Attachments: City Commission Report Final Plat Planning and Zoning Board Staff Report of November 16, 2015 Planning and Zoning Board Excerpt minutes of November 16, 2015 City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by LegistarTM MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald Cooper, City Manager DATE: December 15, 2015 RE: Agenda Item # - Regular Meeting of January 19, 2016 Approval of a Final Subdivision Plat for Tropic Cay 2, located south of Avenue "F", between Frederick Boulevard and Florida Boulevard. Background The Tropic Cay development has an extensive land use history beginning with the annexation of the property on July 25, 1989. On October 27, 2004, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations for an 8 -unit townhouse development on the west -half of the subject property. At its meeting of December 19, 2005, the Planning and Zoning Board certified the preliminary plat and recommended approval of the final plat to the City Commission for the existing Tropic Cay 8 -unit townhouse development. On May 16, 2006, the final plat was approved by the City Commission. On September 19, 2006, the City Commission approved a landscape maintenance agreement for the installation and maintenance of all irrigation, landscaping material, and lighting located within Tract "A" (which serves as a public access connecting Avenue "F" with Frederick Boulevard, an easement and landscape tract). At its meeting of December 13, 2006, the SPRAB approved a site plan extension request for the development with said approval to be valid until October 27, 2008. However, due the downturn of the economy the project was never built and the site plan extension approved by SPRAB expired. On September 10, 2014, a Class V site plan was approved by the SPRAB to establish the original site plan. The eight unit townhouse building has been constructed. On November 4, 2015, the Site Plan Review and Appearance Board approved a Class V site plan, landscape plan and architectural elevation plan for the construction of a five -unit townhouse building on the east one-half of the development (Tropic Cay Phase II). Project Description: The property is partially developed and contains an 8 -unit townhouse development located on the west one-half of the property which fronts on Frederick Boulevard (Tropic Cay). The Applicant proposes the construction of a 5 -unit townhome building on Lots 51 through 56 inclusive, Block 35, Del -Raton Park, fronting on Florida Boulevard (Tropic Cay Phase II). With the proposed construction of the 5 -unit townhome building (Tropic Cay Phase II), it was identified that if the parcel was developed as an independent site, the proposed 5 -unit townhouse development would exceed the allowable density of 12 units per acre. However, by combining both development sites as one unified development (i.e. Tropic Cay and Tropic Cay City Commission Documentation: Meeting of January 19, 2016 Final Subdivision Plat/Tropic Cay 2 Phase II), the overall parcel area of 53,613 sq. ft. would support the 13 units at a density of 10.56 units per acre. The proposed plat will contain thirteen townhome lots, eight existing lots under the Tropic Cay subdivision and the creation of five new lots with the approval of the proposed plat. The plat depicts each unit as a separate lot. No changes are proposed to the existing townhomes, the lot configurations or the provision of public access and utility services. Tract "A" is privately owned but is dedicated for public access and will continue to provide access for the existing townhomes. A five-foot wide concrete sidewalk is provided within Tract "A". The five new townhouse lots located on the east side of the subdivision will be accessed via Florida Boulevard. The lots will range in size from 23.92 feet to 39.12 feet wide by 115 feet deep. A five foot wide concrete sidewalk is proposed within the right-of-way along Florida Boulevard. The existing right-of-way for Florida Boulevard is 60 feet thus no additional right-of- way is required. A new 10' general utility easement is being dedicated along Florida Boulevard. Ingress -egress easements are located along the north, south and west perimeters and a 10' wide drainage easement is proposed along the west and south perimeters of the Phase II site. During the review of the final plat, it was determined by the City Attorney's Office that pursuant to the requirements of Fla. Stat. §§ 177.041(2) and 177.081(2), each individual property owner (and mortgage company) must execute the plat in order for it to be a lawful document. As F.P. Dino & Associates, Inc. (Applicant/Developer) does not have record title to all of the land within the plat (all of the existing townhouse units are individually owned), the City Attorney's office determined that the plat must be executed by each individual landowner. Thus, the dedication, mortgage consent and title certification on the plat has been revised to incorporate the acknowledgement of all record title owners and mortgage holders. FINDINGS - Malor Subdivision Platting Pursuant to LDR Section 2.4.50)(5)Findings: The Planning and Zoning Board must make findings pursuant to Chapter Three on a preliminary plat. The City Commission must make a finding that the Final Plat is consistent with the findings associated with the preliminary plat. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: ■ Delray Citizens Coalition ■ Tropic Bay Condo ■ Tropic Harbor ■ Tropic Isles Homeowner's Association F City Commission Documentation: Meeting of January 19, 2016 Final Subdivision Plat/Tropic Cay 2 To date, no letters of objection or support for Tropic Cay 2 have been received. Any future letters of support or objection will be presented at the City Commission meeting. Planninq and Zoning Board Recommendation: On October 19, 2015, the Planning and Zoning Board approved with conditions the Preliminary Plat on a 5 to 0 vote (Steve Mackey and Jay Jacobson absent). On November 16, 2015, the Planning and Zoning Board on a unanimous vote of 7 to 0 certified the final plat as consistent with the preliminary plat, and recommended approval to the City Commission of the Final Plat for Tropic Cay 2 with conditions. The City staff has reviewed the final plat and determined that all technical comments have been satisfied. 3 TROPIC CAY 2 BEING A REPLAT OF LOTS 51 THROUGH 55, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, AND A REPLAT OF THE TROPIC DAY PLAT, ACCORDING TO THE PUT THEREOF, AS RECORDED IN PLAT BOOK 109, PACE 43, DEDICATION ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MOW ALL MEN BY NESE PRESUME THAT F.P. WHO k ASWCYATEB. INC, A FLORIDA LYING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ARNAKAKIRARNA, ON (AS TO (As THA AND 9, w, G, 13, t WEINN COENTIN ANA 1T MINTY "PAW BEAM BMW ME PERSONALLY APPEARED VALMTIM M IMI WHO IS PUSSNALLY KNOW TO ` TN D SA' CATERAN G MID Se M N L 1 , ENDUANEE ttJWwxwA (As ro G, Lv E.VE SALTSMAN. CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. FOR NSMUMFMi FOR ME PUNPOCEs M.N.N. THIS PLAT VALGA, MAI ("NSI ICL I, DMM GA) AND CARRY SALIEMAN (AS TO LOT 3), M1 A. M. W. (AS TO LOT d), MW V EWHY PAAMFA$ TIL, A FLORIDA UMIM LABIUTY COMPANY (AS TO LOT 4), JACKIE JOHNSON (AS ISMANEO BY: NOTMY PUWO STAN w HAWK MY CanmbAm .I N LOT 5), MICHAEL d FARM(AS TO LOT 5), MICK WIDAUE (AS TO LOT n AD KABM THEODORE J. BUD, P,S.M., AVwyE }• � uu ARI nLmrvu e� WIM AN DAA MIAVAOU (AH TO LOT B), ONUS W ME UPON SHOWN NUMOR BENG DUN k GERCHA4 INC. j -1 L A PENTAD OF LON I T ROUGH S. TROPIC CAY. (PLAT BpM IN, PACE 4d) AND LOTS 51 GURDYMR5 AD MAPPENS hT $ MRW W 5S BLWf ]5. Od-RAPIN EARN IPLAT NEW 14. PAGES 9-10). BPHO IN SEDOW DID ICAIE OF AUMOPRA¶qV NUMBER N 0935 � � P8. NNNSHIP IB SWM. RANGE 4] EAST. AALM BEACH CWNIY, ftCRIOA, 5110NN NFPEdI 'TROPIC 13%5 N.W. 40N 5]flFET, BAY a H Fww AS BAY 2'. SEND MORE NAND TILT DESCRIBED AS FOLLOWS: 0.1 SPFINOB N_GANDA ]]055 N.) ]W-1025 . EMAN M HA o,M.d,UPr..AAn � g LOTS 51 VOWED 56, EWER 35, CR-RAPOR PARK, MELANIN TO ME PLAT THEREON, AS RECORDED IN PUT B WK 14 PAGES 9 AND 10. OF ME PUBLIC C RECORDS PALM REACH SEPIFMSG. TING ETet COUNTYmrn L1N' INIT, iLORIOA. V]IAT AWIUE SHEET 1 OF B ALL OF FUND DAY. ACCOBgNO TO THE PLAT IHENEW,, AS RECORDED IN PUT BOOK 109 PACE 4J, OF ME PUNKS P CNA M PAW MEAN CWH1T, FLORIDA MO TURN SEPTATE LVEN AND DENG IN PAW BEACH CWHTY. RAMIOA CWTAININO 'MG SWAGE FEET (1.33 ACRES) MORE ED LESS. HAW CAUSED ME SAE TO BE SURVEYED NO PUTTED AS CHOWN HEREOADD O 00 HEREBY VEN CATS AS DE LCNS: LON I MROUGH 0 ME HEREBY PLATING NR PPoVAR PURPOSES AS MOOED PURSJAT TO THE PLANNING AND ZONING REOIUOOxs OT THE CITY CE DELRAY BEAM. TRACT 'K IS HEREBY MANDATED TO ME TBWIC DAY HOMEOWNERS ASSp]ABOT AS A PRIVATE STR6T AD FOR MADE U4 As A PD91C NICHT-EP-WAY FM STREET NO PUN PURPOSES, N BE OWNED AD MAINTAINED BY SAM ASSOCIADCN W.M ME RIGHT CF THE ON OF DELRAY BEAM W ACCESS AND GUAR WATER AND SENEN MAN WTHIN SAID PACT, ME IHGHENE-E(AESS EASEMENT ASE SHOWN NFAMN IS HEREBY KNEADED TSE ME INTEND DAY HOMEOWNERS ASEOgAPON FOR IHFAESS-CORMS AND OTHER HEHC NOT COMPTEAT 'Mm MIS OmICAOCN. ME OwwAL UTUTY EMMETT IS MADE N AY PUBLIC GR MVAN UTUTY. SIM AS BUT NOT UNITED TO STORM MLNAM SANITARY SEWER, ELECIPoC P01EER, WATER SEANCES. OAS SEPNCE TELEPHONE NMS AND CABLE LEIENAON SEANCES: PRONGED HOWEAW NO SUM W C CONSISCH, IHBTAWMN RCN MMNACE AO CPERARgi OF CABLE UGXMNCF1 RANTES SHALL INTERFERE WON TME FAOUry MO SEANCES ON ELECTRIC, NONI GAS ON OFFER PICNIC LAgEIY. ALL MANAGE EAEEMMR AE DENSIMET TO ME TROPIC DAY HOMMANERS AUM ARM. IN SUCCESSORS MOMIR ARGONS. AO ARE ME PERPETUAL MAINRNACE OBLIGATION M ME SMC MOSECWHEN'S MANDARM MMWT PECWPR TO THE ON OF DELRAY EACH. TRACT "A" AND LOTS 9, 10, 11. 12 AND 13; 'M NMESS ANDREOS ME ABOVE HAW CORPORATION. HAS CAUSES NESE PHEAMN N BE MOM BY IN PRESYDAT AND IN CORPORATE SEAL TO BE ATKW NFAETO BY AD NIM THE III OF IN BOARD OF DIRECTORS, THIN ___ DAY CE 30�ATES IXC A Az. SCPAR DON KWAA BM. ____ PREAUANK Pwr°N° RANT HAL¢) WNFESS (I MANE] ACKNOWLEDGMENT STAN HY S, 1. AWA BEFORE ME PERSONALLY APPEARM MARK P. DING, WHO IS PERSONALLY MOWN RT ME AND NO IGENTET ME FMEL.IA' M INSMUM NT As PNESSENT OF F.P. 01XO k AROgAIEs. INC„ FLORIDA IORPORAINPL AD SEVERALLY ACKNOWLEDGED N AD BEFORE ME MAT HE EAGNT O EACH IHSTHMMEXT AC SUN CFRCER OF SAID FORPORAnON AND MAT ME Y.LL ATMEO TO ME MOSEASMO IXSMUMA T Is ME CONAN AM SEAL T SAD CONFORATCH AND MAF IT WAS AIMED M SAID INSTRUMENT BY WE AND PEW UR CORPORATE ADMOUTY. AND MAT SMD INSTRUMENT IS ME FREE ACT AN BEEN OF SAID COMPORIPESTMyONA E AM OH9A SM MIS __ DAY OF AD., ]0_ MGTARY WOUNS, STATL UP (PAT A_.) mmmIPUa APAIP LOT is IN AIME551MwEW.. WE CLOCK TYJWEHNOV, VALPFNN TYJWEMKOV NO sNM1AA NSLMENKOVA CO NFANNTO SET WP HAGS AD RULE PIs _ DAY N W__ ETMLn (ANI N.0 WM69 (WMT x-0 KAMA (PANT XAAQ (PANT.0 WMm MNKI HAW ACKNOWLEDGMENT ED muHaKov (aM.,�, =-W ACKNOWLEDGMENT STAR K..A MINTY "PAW BEAM BMW ME PERSONALLY APPEARED VALMTIM M IMI WHO IS PUSSNALLY KNOW TO ME W HAS PRODUCED JS IOFATMARM AO NO EXELLRT) ME FORMINNC INAN ACKNOWLEDGED BEFORE ME MAT WE EGECUGN SMO FOR NSMUMFMi FOR ME PUNPOCEs M.N.N. BF. VALGA, MAI ("NSI ICL I, DMM GA) X1m6S NY KAYO AB OFF.. II'M PIS _ DAY M __ _ AO.. M_ NOTMY PUWO STAN w HAWK MY CanmbAm .I 6M1VHA IM1WwMovA ON,., 11 . Dnge Cay) STAR CE NMDA GAMY OF PAM B4M MMG NE HAS PRWUCEO_AS WE T APPEARED EOGEHE 10 NnNcATW PUSENALLY N EMEN gIDED ME FOREGOINGN57UWMT NO ACKNOWLEDGED BEFME ME MAT HE EMEWTW SMO INSTRUMENT FON THE PURPORT MEDIA, ... MY HAW AND A.. SEA MS _ SAY fF _ A.D. n0_. NOEA¢Y PAUL. STATE W FUNPAN My NT'i.n'm.Wim: (RFI WA.) CunmWM Y,.H ACKNOWLEDGMENT CSUI AT, m. DEAD, BEFORE ME PFPSMNLY APPEARED ONhAA TTJWENKOVA NO IG PFfNONALLY SHOWN TO ME W HAS PRECANED CENTIRCAIIM AND IND UENND ME WOUGUNG INSTRUMENT AND ACKNOWLEDGED REAGAN ME MAT WE ENECUTEO BAND NSiWMwT FOR ME PGRPoSES MWEIN. MMES NY MAO AND WO. .1 M6 __ 1. S, __ IS LI_ HORNY ANI STAF OF FCPDA NY ICU.b m q N'HA M—) G K_ MY -1 0 TROPIC CAY 2 BEING A REPLAT OF LOTS 51 THROUGH 56, DEL—RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PACES 9 AND 10, AND A REPLAT OF THE TROPIC DAY PLAT, ACCORDING TO THE PUT THEREOF, AS RECORDED IN PLAT BOOK 109, PACE 43, ' ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. 1M,.ED .1 'ME J. ONE, P.SM., CAYO k GEEMAR, INC. SUPVEY0.i5 ANE MAPPERS f 111AIE CF AUMOPIDATEN NUMBER EH AMTS G1SIS X.W. IOM .11 SAY 1 CONAL SPNI RCflIDA DOOM (951f ]IS -1015 r EMAIL k1WW1YYWmdI MOM SETS LOT 2: IN WMESS WHENEp', WE NSFNE SALRMAN AND OAPCY 9AESM41 00 HUNIM. SET OJR ..ED AND BEAN$ MI9 _ DAY OF __. SO_ MM® ESSO2 HI (Pmw m, IS I q mYl PPNT HAI MHaa DAIN, EAI MfIKR DAHCY SAI (E -s b, 4 I IW DIC ACKNOWLEDGMENT M D axon . cwxrvpPADN SAa ORQ9E ME PERSOMMEY APPEANEO EUTANE 9ALMAN NO IS PWSWALLY ANON TO ME, ON HAS PRODUCED JS IEEMN HXN MD NO E4GIFED ME FOMCONO INSMUMwT AND ACIMONIFOON Ra KEENE ME MAT HE EIED SAID w SMUMENT Epi ME PURPOSES THENEN. NODDY PMMA STA2 OF MSOA My 1—..n ...Yry (FMN Xome) mrm6tlen WIMs _ AOKNOWLED6 D OMMY SE 1. uw III ME PEXSWALLY WEANED OMCY 511 MAN NO 15 PERSONALLY OHM 10 ME UR HAS PRODUCE) — �S IDEMORSADON ADD NO EXEOITED ME E11RCONNO INSTRUMENT AND ACNHOMFDOiD NEES E ME THAT SHE EXECUTED SAID INSTRUMENT FEW ME PURPDSES MMI w.. XY 1. AHD,Encu. AEAe HIS —A"DIE -- A.E. Pu_ xOTMY PW10 DADS OF RgUDA NvS-.. ngrti SHEET 2 OF B OL T 3; IN MMES9 YMFAE6. I AAHOSR M. AVM 00 HEREUNTO SET MY HARD AND SEAL THIS DAY ED m WINDS NxSm X.1. (Orae- u, u. nuPN mrl (PDS, Xw0 MMT RANO Ic�N:��UII7�i1INEliJ1 SM,MY DE vuu"S. DFfOHE ME PERSONALLY APPEARED ANNIXW M. JVAN NO 19 PERSONALLY MEN M MC OR HAS IN.. AS IDENTFlCATON AND NO EMOVTm ME N TRDMENiIKHH1.MENPUPOT ADD THEq�mEN, SEED E ME MAT HE MONMD SAD WHED MY HAW AVD EFF OO SEAL MS _ DAY OF AD., N_— "I Hung cu,INN. xunee: TROPIC CAY 2 BEING A REPLAT OF LOTS 51 THROUGH 55, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PACES 9 AND 10, AND A REPLAT OF ME TROPIC DAY PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 109, PACE 43, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 20, TOWNSHIP M SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. EPAPm BY, THEWONE J. DAND, P.S.M., DAW) n CEAOIAR, INC. SUR'EYORS ANO MAPPERS CERTIFICATE OFADMANBARROW NUMBER 0 CON& HVJRI TOURRlo� iBDATes (BBA) SM -A • All H1OA1P.Rl.or.Bom SEPPEREER, 1015 LOT 4: IN NIMESS YMEREDE, THE AGGW NAMED NMHET UA91111Y COMPANY AS CAUSED MESE PRESENTS 10 BE SIGNED BY IR MANAQHC MEMBER ANO 119 PORI SM TO DE ALI HERETO BY AND MM ME PROPER AUTHORITY THIS _ DAY CT LOT5 IN ANUS WEXECPI JAME JOHNSON GO HEREUNTO SET NY NAND AND 5Eµ MR _ SAY OF __ ED— SHEET .1 OF B LOT 6: IN MONITOR YMEAECf. 1 MICHAEL J. BFRWt DO HEREUNTO SET MY NAND ANO SEAL MI5 MAY 0E _ `1P' E." FARMERS. LIL BY. IIFA9 MXE4 UN A FLORIDAFLORIDAA UMIIFD UA&UlY COMPANY MMESB_ _____ aY: NICNAEL J. &R4p (Ovn� of bt B. I,ryO [oY) JACpE J'MX9y1 (omv b15, I'll, SO (PIOXF NAE) R, (PWNT XAME) UUMN, MAGE) MA Ml .OIAd'w NWaM MMES (0 e ! TIA C.0 XmEBs (PANT NA1't) (PWNT NAM) RRHT RAM) ACKNOWLEDGMENT Bmonn s MA HOUGH BEFORE ME PERSIXIALLY APPEARED NPO 19 PERmNALLY BNOMN GG ME, OB NAB PROOOEES __ ___AS IDENTNCA1OA ANO NPO BENITO ME POUND GRMUMEHT An ACKNOWLEDGED BELONG ME MAT IT EMOTED SND INSTRUMENT MR ME PURPOSES TUNTI .RASR .1 NANO ATE 4NOu — THIS __ OAT rc AO., ]o_ N.UU1 PIBUC, A.. DT RECUR My OMT.. gpMe: (PMR Nom) CarvnNYm Xvmeen _ ACKNOWLEDGMENT GRAM, `S,1. TWAS, GORE ME PENSd1ALLY APPEARED JAWIE JOHNSON MIO IS PPASMALLY MGM TO ME, OR HAS %iWULEO ft5 IOENTICATDN ANG AND EKESUND ME FCNEOONO INSTRUMENT AND ACKNOAAEDGED BEFORE ME MAT WE EXECUTED SMD NSTRUMFNT FOR ME MJN`.M B THEREIN. NOTARY Py. RIME G, RpDOA My GNTMIW lm u1Yax UMri T Xona) Canmmm H__ _ ACKNOWLEDGMEN SHWE R, n t.A .My BEFORE ME PEASENALLY APPEARED NPO IS PERROGALLY MORO TO ME, CR NAR PR... ___ 9 IOENHM.H.N AND MID EMPSOM ME rMEC01NC IN9TRUMPIT AND ACKNPMIDOM BEFORE ME MAT HE FOYSUTES SAID INRIRUMENT FOR ME PURPOSES MEAUN. A. NY... AND VFlEIL SAL WHO _ MAY O' AD.. NOTANY PUBLIC. STATE S, RdtOA My Cmmmilm "Ar" — (PMI N.m.I Gmmlelm Nr, .T TROPIC CAY 2 BEING A REPLAT OF LOTS 51 THROUGH 56, DEL—RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, AND A REPLAT OF THE TROPIC DAY PLAT, ACCORDING TO THE PIAT THEREOF, AS RECORDED IN PLAT BOOK 109, PACE 43, ALL OF THE PUBI-C RECORDS OF PALO BEACH COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DEtRAY BEACH, PALM BEACH COUNTY, FLORIDA. 11EPA'. BY: THEODORE J. DAVID, RSA, DAVID k PHI INC. "RVEKPS ANO MAPPERS CFRIIHCAIE CFAUMOWIATW NUMBER IH /9B]5 N.Y 10N WHEY,, BAY I COITAL WRNOS, iLgD.A DIDIS (1AI) dW—W]d WAIL Ie56ANID-O,..'— SFPTWBEA, SOM SHEET 4 OF 9 LOT 7: LOT e. ACKNOWLEDGMENT IN NITNOM VMMEOF, I YANICK VEANLL£ 00 HENEVNTO EEL MY HAND AND SEAL THIS N MYNE55 .."AS xtatN .1. AND .AHA EHIAVAHTI DO HFA.. SET WR HANDS AND SEALS THIS DAY CF N0 m�MTY _ OAY OF 10— _ D ttPAID BEFORE ME PENSPNALLY APPEMW DANA CMAVAHIXI YMO IS PERSONALLY KMAN TO ME, xN OR HAS AND WO A ME AME DY: MM[99 A..SMITHI..LAIq ImAla .0NSTINMW iM1EW NO IPININNSUMENT ANN ACHATOKEEKED ENTENTE ME THAT SHE ENECUTE 9AID WN. 1mILc (onnv inI T, i� mv) T FOR RIE INVESTS NIFAMN. DF HT RAVE) H I xAMQ MmESS MY HAND AND All. 4u D DIT _ DAY Or AD., SD_— AITTOES — --- A.., INHOE STATE C£..A uY EenmmDm N".n 6RHI NAME) (PHINT.0 ev: MTryt6 OAVA cXNVMUI (Omv uI q ieWk Ltr) MY. DAYA EonmDnlm PTA. ACKNOWLEDGMENT (I., NAN, WNM1 M PAW OI.TM MR169 B_UTHE ME HASg1puY APPEARED YANICK KANDE AHO IS PEANMALLY KNOW TO ME, OR HASPRWUCFL _.15 ICEAAFlCAVOP AND AHO EM ODDD THE (ppw5 xAHE) fC I.'. 1NSTRNAENT AND AOO:OXT P. DEFORE ME MAT HE UACID. SAID INSWOMEN1 rW ME PORPOSES MSAOH. ACKNOWLEDGMENT KNOBS MY HAND AAD EfMiAI DEAL m5_DAY M_—AD, 10_ NOTAST PAKPI STATE 0' P YDA ur OPT.,.. .mrm TTIE ME PERSONALLY AFPEAHfO KADYi q HAD —AS 0 ENY 1CAnO4 AND IMO EN..E NEPSDUCED W 1H (Prhl B—)GmmleeM Nun. FOREOgNO INSWUMMT AND AENNOAIE➢C£0 BEFORE ME THAT SITE EI£NTEO SAID HSMHMENT FM ME POHPSKES MFADN. HIT. MY NAN) AND OTTKANE DVt MS __ DAY DF .1.1 FNBU , STA rtDF E MOA Ny Cm,mleelm egYa ttnm Han.) EDmmu.m N:mew: -- TROPIC CAY 2 BEING A REPLAT OF LOTS 51 THROUGH 56, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, AND A REPLAT OF THE TROPIC CAY PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 109, PAGE 43, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. MORTGAGEE'S CONSENT TRACT "A" AND LOTS 9. 10 11. 12 AND 13 s,AR B WE UNUIXACAm NEWSY PATTEN MAT IT 15 ME MENDER OF A MOBTOADO UPON ME PROPERTY DESCRIBED HE EM AND CCL9 HEREBY JOIN IN AND CONSENT TO ME DEpOADON BE WE NAND DESCRIBED IN SND SPECIFIED BY ME OWN THEREOF AND ANEIS MAT NS MSBTS L .1. IS RECESSED IN EEE IAL REENKOS BOM PAME SHALL BE ME PTRPURIMOONEY OF PAW BEACH COUNTY, FLORIDA. — BE AUSBDENATN) TO ME WHEAT. SUSAN HEREON. IN MMES NNFAECF, ME SAND CEWtlNATON WAS CAUSED MESE PRESENTS N BE SERFS BE ITS __ AND IR DEADIATE SAW RN BE APE. NOTION BY AND TNM ME AUWONTY OF 118 BOAND OF DWEOTORS THIS PAY CT __ 30___, .MED, (EN, NANO WHO — AmEa S..'. SEAE (P@NT NMI ACKNOWLEDGMENT RIAD ST _ BEFOSE ME PERSONALLY APPEARED VMD IS PERSgULLY HNONN 10 ME OB HAS PROWCW __ AS IUENTEEATON. AND SHE EY£NTED ME FONEOOINO INSTRUMENT AS WE _ OF AND MEMERI ACNNOMF . N µ0 BUCK ME MA [NE) WEI EN FETED SEW INSTRUMENT AS SUCH UNION CF SAD CUMBEATON, AND THAT ME REAL ATYID TO ME FOREGENO INSTRUMENT IS WE WNP A" EFIL W SAID COMPO A EN AND MAT IT WAS ANDS, N SAID INSTRUMENT BY UE AND REWUMFNT LAR HERFORATE AUTHUBW AND MAT SAO INSINIS ME FREE ACT DUE DEED M BAD BORPORATON, NDTAPY ILUMI STALE HE D,OA NY EPT.P m I"... (PIl,I N—) m'rvnlnM U.— ENDEARED BY: THEODORE J, BAND, P.EM., BAND K, RAMAT LNG. NflVEYON AND MANIM5 ELWFEAIE CFAUIHORRATDN HUMBER EB III 130)5H.W. .. STREET, BAY I D" MINES,, .,BA 3.B (mp Bw-ED3s , WAw H Pn,EN mm.m SEPTEMBER, 3015 MORTGAGEE'S CONSENT LOT 1 Erns B ,MINTED WE UNDERABNE, HETNY EETEES MAT IT IS ME... BE A MORTGAGE. UPON ME PREPERtt DESCRIB) HEREON AND DEEB HEREBY AN IN AND 4YWBFHT TO WE OEOIBANNY Cf ME LOUD DEENDED IN SAID BEDICATEN BY ME OWN MEMAUF ANO WHEN VAT ITS MWIBACE .1. IS ... IN EETIOAL RE .. BOgIPANT BE THE EI SCHEME CT PAW SEA. COUNTY, RAMA, SHALL BE SUBORDINATED TO ME EDUCATION SHOW HEWER, IN MMES ANUTOOF, ME SAD CMWMATM HAS MAN NES PREFER TO E 51BNED SE ITS ___ AND ITS CgiPdiAR SELL MBE ANDER HEREON BY AHD MM ME AUWBOTY OF IIB BOARD CE DIRECTORS THIS __DAY W 30� ANNEs9 (Pax, XANU BY MANS VIE, _ MNNEsa WAUENTI AW) (PENT NAME ACKNOWLEDGMENT STAR OF SEETHE ME PERSONALLY APPEARED MHO IS PEASENALLY KNOW TO ME M HAS PRWUCO — _ AS IDENnEENO ,ANO NNO MOUTH:, WE TEND..HO INSWNMENT AS WE CF AHD EN RALLY AgM0AID0ED W AND DEPEND NE MAT [HE] LSHE1 EYELUTED MEN INSWDMENT AS WON DUMBER OF SAID CARPOSANON, AND MAT W� SEAL T 15 ME COME MANE MEAL OF MAT COHPDIATENAN E MATITTWWAS ANHNA D TO SEOUD HUT INSMUMUNT BY DUE NO REDEEM DONPORATE AUTHEATY, ABU THAT SAD INSTRUMENT IS WE MEE ACT AND DEN OF SAD CORPORATION, AMISS MY NAW AND NTB,Ai EPIC THIS _ BAY P, ____ M. ITS NOTARY.1 STALE W EWNOA MY LY nn"._ I IPMM 4—H) m.,mwe. EPTH_ MORTGAGEES CONSENT LOT 2 STATE ME _ ME UNDESSE NE NPAEBY CFP MY. AT IT IS ME NgDER B A MUMMAM UPON ME PROPERTY DESCRIBES KNEW NO DOES NOBODY JON IN AHD CONSENT EO ME DESSAMA M WE LAND DESCENT IN SAID DEDICATION BY ME OWN THEREOF AND AGREES MAT ITS MORTGAGE ANION IS RECEANDEO IN CEEIpAL..S BEOH� PABD ___, BE WE PUBUC RE0.WD5 OT PAW BEACH CWNN, FLEBSA, SMALL BE UNEHAWHATAN TO WE UEN.ADEN BHOBN NEHEEN. IN 1MME55 XN... WE SAB CBNPCRAUCN HAS CAUSW MEM PREENTS TO BE 9MDE BE ITS __ AHD ITS ENIUMR SEAL N BE REFILMED HEREON BY ON MM ME AUMpBtt OF ITS BOMD BE ERECTWB THIS BAY 0E ____. 30__ Mn[s WENT NAua) nw _ -- re s (DENT NAME) _ (D3^ASEA¢ YAJ ACKNOWLEDGME STAR B CWXtt Cf __ SHEET 5 OF B BEI ME PERSONALLY APPEARED YMO IS PERSOULLY BNOW TO ME OR HAS PRWUEEO __ AS IUFNTRCATW, AND AND ..M0.YTRU E FgWH0 INSTRUMENT AS ME OF AND SEISTALLY ADAN%NIDEID IO ANN BEFURE ME VAT [HE] [SNE] EYEGITEB SUCH INSTRUMENT AS MAN AF ON HE SAD COMPENAUGH. AND MAT T 15 ME CWIPBMAM MEAL OF SAN MECNPRE ADDA AND ATAL METHOD TO E ITTWWA.SS AT EGONO INEO NO SAID INSMUMUNT BY ANE AND REOLLM WNPNNATE AUWNNTT, AHO MAT SAD INSTRUMENT IS NE EASE AOT D h2T OF SAO CBDEORATON. .MAA NY HMD NS END, SEAL MIs _ E. A, IS, 10— MO. Nmc, STA2 LE RNOA MY Ca .m DPA. IPMI Nary TROPIC CAY 2 BEING A REPLAT OF LOTS 51 THROUGH 56, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, AND A REPOT OF THE TROPIC GAY PLAT, ACCORDING TO THE PUT THEREOF, AS RECORDED IN PLAT BOOK 109, PAGE 43, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 46 SOUT1, RANGE 43 EAST, CITY DF OE[RAY BEACH, PALM BEACH COUNTY, FLORIDA. PSwAxw SIT MEWONE J. DAND. P,S.M.. CAN d CFRNAN, Mr. iURVEYON ANO MAPPERS CETDHCAIE OFAUMOAIUPCN NUMBER TO ONN N.W. 1DN WAI MAY i COU. SP ... S. FU DOA ]MBS (954) 3b-1035 . ANM IL TI HEIAIIrtAol.m,n SEPNHEMMA. 8016 MORTGAGEES CONSENT I.OT 3 9➢rt a _ SCADY a _ ME UNSEEN MED HwwY CwnEES MAT IT IS ME HCHLFR OF A MMTCACE, UPM ME PRCPERtt DESMISED HEDEM µ0 DOES HEREBY ANN M WHO TO ME DFA'CARgI OF ME Lµ0 C.R.O IN END MnONTAN BY ME OWNER THEREOF AND AGREES MAT IN MORTGAGE YMICH IS MADEMEO IN OFFICIAL RECORDS BERM PACE OE ME PUBLIC HECNNOS CF PAW BEAN WN CTY, F.M.A. SAN, BE SONSENAIED 10 ME DSWCANIXI 91.. HEREON. IN'MMESS 'MIEREDF, ME SND CORPORATISM HAS CAUSER MESE PRESENTS TO SE SIMEO BE 119 AND IN CORPORATE SEAL TO BE N"NED HEREON BY .1 WITH ME AUTHORITY BOM CF IN B OF DIRECTORS MIB —SAY OF __ 20— MMFR (.1 WON ENNIE TMO Mm® _ (wmoxArz OMU NOW NAVE) ACKNOWLEDGMENT AD. Sr. BEFORE ME PERSMALLY APPEARED WHO IS PERSONALLY KNOWN N ME OR HAS PNCWMY AS IDEMISAIM, µ0 Wtlo EAF2V 1FO ML F.E.N. INSIRUMwT As 1X[ ______ µ0 SRE . ACKN4W.IDDEB TO µ0 BEFORE ME MAT [HE) [SHE] EXECUIEO AIM IN9MUMFNT AS RIM CHICON OF END CMPMADON, ANN MAT THE SEAL MOWED NO ME TOWSON INANDI IS DRE CM IE SEN_ OF SAID CMPORATM AND MAT IT WAS ARIbD TO SAO INSMUMwT BY SUE AHO REWLAR CORPORATE ADMARItt, AND MAT SAID FR D IHSIRUMENT IS ME EE ACT ANIS DEAN CP .0 CMPONADM. I.., 1.S, ErAR R FLOE. MY mI..".. (P.I...) Q,YTEA� NI MORTGAGEE'S CONSENT LOT 6 RArt SF _—_ mmrvm_ — ME WDERawEC THOODY LFATHES MAT IT IS ME NOON OF A MORTGAGE, UPM ME FOGS RTY OESMIBED HEREON AND DOES HE#HY.IOIN IN AND CONSENT TO ME OOICADCN OF ME IABD DESCRIBED IN SAID CESSATION BY ME AIMED MEAWF µ0 AORE£B MAI IN MCRWAEE OF ME FEASCC NECgNSFOF PNMEPA. SEAM CWNV, RMIDA, SXALL HE SUBgNINAIED 10 ME OEMCAnCH SHOWN THROW IN WITNESS NHERECF, ME SAID CORPORATOR HAS CAUSED THESE PRESENTS TO BE AMFD BE IN _ AND Its CCPPpUTE EEAL TO BE ARTITL HEREON BY AND WM RHE NIMpUTY OF IM BOARD OF DIRIONIN THIS MAY OF SO— NND9S WAID (PXNT XANEI Wmsss — caIPMAP SWO (Pnar xANEI ACKNOWLEDGMENT STAT OF _ C.O OF BEFORE ME PERSONALLY APPEARED ____ WHO IS PERSONALLY I(NOWN 19 ME pi AS PRWDCO__ As IDENMCADM. µ0 WHO E%EMIED ME ig1F.M. IWD.D..1 AS ME ___ 4 AND SETTAALLY AC%N..EDOES TO ANO WFADE ME MAT [HE] [SHE1 ENCO EO AIM INSTRUMENT A9 SUCH CHASER OF 9NO CMPOMHOD, µD MAT ME SEAL NF XN TO ME RAYMOND INSTRUMENT IS ME CpVOHATE SEAL OF SAID 6RPORANM AND AT IT WAS ... TO SAID IHSDNWI BY WE ANO NELVUR CORPORATE AUMMITY. AHD MAT SAO INSTRUMENT IS ME MCA AM AND DED CP SND CCAPMARM. AS"Al PSUD RATE Or OGnOA My Ce rn egLa (Pm .-H rn„n,mm MORTGAGEES CONSENT LOT 7 sum a _ — CMxry rc _— _ ME UNDENCI Nw®Y CATPRAD MAT T IS RHE NmER OF A MORiBAC[ UPM ME PBNENW DESCRIBE HEREdi µ0 DOES HEREBY JMN IN µ0 CONSENT TO ME DERICARM OF ME UNCI DEBCAIOED IN SAID DFgCARCN BY ME OWNER MENDW µ0 AGREES MAT IN MOTDACE WHIM IS RECORDER IN OFFICIAL RECORDS BERM( PADS � OF ME PUBLIC RECORDS M PAW BEACH COUNTY. FLORIDA. B1N1 BE SMONSINAIED TO ME C OICADM SHOWN HEREON. IN 'MMESS WHEREC£. ME SAO CMPMATM HAS CAUSES MESE PRESENTS TO BE ... BE IN ___ µD IN COSPOI SEAL TO BE AFRAID HEREON BY µ0 MM ME AUDI OF IN BOARD OF OIREDSM9 HIS DAY OF _ 10__ WME89 WANT NAVE) W M69 (CDPPMA. XEAIJ (PST HANE) CKNOWLEOGMENT ITM R. COMIY ry SHEET 6 OF B O IS MI MON TO ME ON HAS PRODUCED JS�DMNEILARM AND NO wEG. ME Epi G..N. INSWUM., As ME __ R AND SEVERALLY ACKNOYGEWED N AND AFFORD ME MAT [HE] [ME] EYLWTD SON INSTRUMENT As SUCH OFFICES OF 9NO CORPORATION. AND MAT ME SEAL AFT XED TO ME INI EMINO INSTROMENT IS THE SEPORATE SEAL OF SATO DEPORATM µ0 VAT IT WAS WnX TO END INSMUMNT BY WE AND REWLAR CORPMAM AUDI µD MAT SAO IN T MMMT IS ME MADE ACT AND Dfm OF SND CORPORATOR. W1M55 MY T. ANIS.. Y HAS _ SAY OF A➢..N� NOTARY PUBLIC, DOW p MAI OF CmmIA'E, eg4v (IMA xm�.l A -TETE, N,.x. TROPIC CAY 2 BEING A REPLAT OF LOTS 51 THROUGH 56, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, AND A REPLAT OF THE TROPIC CAY PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 109, PACE 43, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. ACCEPTANCE OF RESERVATIONS 9TAM LF N➢WA Ai 6 HUM BE. THE TROPIC CAT HWECNNENS ASEq]ADW INC. HEREBY ACEEPTE ME CE➢ICATONS OF RESONATORS TO SAID Ailloc I AS STATED AND INERECN. AND HESEBY ACCEPTS ITS MAINTENANCE WCOANN S FOR SAME AS STATED HEREON. DATED MI5 _SAY M i AOCN10� CONPOBIAMTON NERS OT HOW FROFlIic' (PNMT NAMED PNIHTEN NNAE AND T. MME69 (EENT NM1Mj I'M.. ec 'MA A DAND, P.S.M, DANS A, COMES. INC. A1RVEYOR0 AND CARRIERS OFFIF CATS CFAUMORIiAT. NDMB@ IB A90JE 10 1>5 M.W. .. SIN6T, BAY I COMAL STIENGS, RNSDA 1.1 (.NU) DNEI 'CAN. IAMBIWINENSE-1- SEPRMDG• SOM REVIEWING SURVEYOR'S STATEMENT THIS IB TO CESTtt MAT ME UNOEN9WEC PRP2SSEI S:RACKM µ0 MIAMI UNDER CDNMACT WTN ME CITY CS DE1gAY BEACH FLGWDA HAS NENENE➢ EDS PLAY M 'MONO CAY Y• AS REOUINE) BY CHARIER 177.031 (11, TIT KENNA STAES, AND ENDS MAT IT CCARMS NIM ALL THE REWIIIEMENTS Of d1AMER 171. PART 1• `_MDA STAMM% DATFi ____ BY: _ NANF: EE NO STATE CE RCWDA EMEND CERBFICAR CF AUMMIZATCN SURVEYOR' S CERTIFICATE SHEET ] OF B USEIPG uY FIEFFE Ysa i .. AI➢Ni �VIXNmIN A TSE NO IEY°S I.A.. S TD ME RI .11 Y Y YAOE .. AND e0Rq NAT PEWAN INGEIRMt MtlpMaR(M.W..1),%WAVgT¢WPU 1.1l EP.Ei AND NtluMW 151NMIgNO N SEC. II7.0G1(9A TS NAME MON NABS A9.. 6Y "I k➢, f W M. THAT US SWNY DATA MUNE Wm. W. N Mrs 0'OINRN In, U STI ETATJTE; AS NAMED,µD TIE OflpNANCH 6OM1 Cf.. BEAM, FLpYDA BXI.-, FIB N, Mills. I..1, Is. .1 DUW MUB ACKNOWLEDGMENT CITY APPROVAL SURVEYORS NOTES SWIAMIY M, Ro �� .Y M MYY ONAMI'MIPY 6 EDC .16 DEIRAI BEAa---' NDS MOAN TANDEM ANS FAMED ON INC I INE T£.1 AN B. AS NANM AN '' AiDAND, NDWEI OF N 900]SD. E DF P.WIOADGq B60PE NE PFASg1ALLY APPEARED YMO 1E PFRSdiALLV KMOYM MAYOR: CBY CLERK: i INC MIFINI SENAY. R III III ME AM1 V 1.1 FYI Mx VCY AM YAN1. 10 ME, N1 HAS PRODUCED ASDµ0 NO ENEW20 J. 0 = 9[T 1'X 9A' qW W ¢XCREIE PEPNµMi IVSNID%E MMJYN➢ WM NRA99 pW NKXED %d IB 0415. ME FORME -I INSTRUMENT AND ACWNPME EED BEFOI E ME MAT ME EXEWRD SAID NSM AS DF Ili CAY NWEOMFNS ASSWATM INC, A µN PENEXm. A[CFp1F➢, µD CERRFIED RY: A NOTISL A9 ASE O ... MM IBBIN, 1NE OFFlgAI. ceACDON CO NOT FOR UM IN. µD ENT AS SU Ap TAMER E M µU SENNBNAW ME THAT 1HE1 [ME) ANSATE➢ SIGN INSTRUMENT AS SVOI CiTICEA OF SAN COgPp1A➢gl, ME NA EFE BEs AN N NS iiOF µTEDq YVFN LA'09 BE6CX y END SCENIC µD MEA FESTAL FORM FINES 9E THE JHq[NN ANO MAY Mi SAL ANTI TO ME FQYEOdNG INSMUMENI IS ME CCRPMAT: SEAL GS SVS CORPORATOR ANO MAT IT WAS ALI TO SAID INSTRUMENT BY ME AND MOD AR BMFETCR OF PLANNING AND ZIX11NG EHNPPEREON, FLµNING µ0 .,NO F.. .1 NAY.1... RE9RSCTOAB MAT µE HOT gFCMSF➢ AN CETT MAT MAY BE FANS IN TE PLA. ".1 CF M9 MWN N AUTHORITY, AND MAT BAD INMMUMFNT IS ME FREE ACT NO AM W SAID MANN ATON. YAINE99 MY HWD µ06FlOM 9EM M9—SAY M A➢. ]➢_ A pry I s µSp... NNS E, .1 NO N W, I E9 SILL DE PAS qMN A TEDEMiM ES. 610 NET NOW WY I.E.E. M.. MT OF Ott EN6IHEFA FlflE MARSHALL . NA ANTAME DEAMAH, 4X1M "T ME F�NEEDS FE�EENNS N AM .1 A.P4µ NOTMY NINC li IF -NIAN .1—AN. µCEM IINIXMASS Au NIMM ANN S 6 ANTI A A LPWxA1.CE9 111 OF ME�TY M Mi MDUT THIN 9EIN. NEE1 OF EASEENEEME (F,F, I_U C NnTH_I_ A -B, rt1 ANNA AND SEMX 0NUB g NO.1MOi OAM'AM EAASEMENT, 1 MICATE M µY ONCI UMIY FAME WT 9WL DE ATONED ONLY AFTER cMYNT M I DTUTF CANNES 0.tl NNIS SANE '' NAT MAY BETONS1N n E NUEm°CC FEcoaDs niw1T euol MINTY aTEMBEF`. SET I. ECESTION TONS SAN -mwi Coco SHEET B OF B I GRAPHIC SEAL. LEGEND aoExons cwmwxE z P..ew mY11F1Y'nPOW P.O. OFx 01ES "T Aldi l( A P0.PANE OR71 S B. ND SOiFS OfrlpAl PE PO D. PAN. poW A1wi06FAfNR uE .¢s.TF, i wNO D. OM. !1 .OMCNYAKKD.S.P.¢ENI S. O =.4'K 1T HOLD CpI6NERAY MM BP"E"A, R t IWN 1. r6014 TROPIC CAY 2 BEING A REPLAT OF LOTS 51 THROUGH 56, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, AND A REPLAT OF THE TROPIC CAY PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 109, PAGE 43, ALL OF ME PHOTO RECORDS OF PALM BEACH COUNTY, FLORIDA, LUNG IN SECTION 2B, TOPMSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DEIRAY BEACH, PALM BEACH COUNTY, FLORIDA. 1 TSM., A OAMD,ALIKE.. DAM & oANo s QTC11AA INC.PM DEL -RAYON PARK soF•rtrags ANOMnPPms (P.B. 14, PG. 9-10, P.B.C.R.) CFAni1CA2 OF AUDN... O SN FILT. 1 IH ASB]] limb Om sORIDA 9nr 58 SA .RAE SAI RLRmp voe5 g (95l) 31O -b36 � FH4Y bOPbNOmOgrMn.eem SOPTluxR, .9 BLOCI 35 10 MrNm1s 57 xmm N6smmr. am N971°A9GYl"& 230. 00' b IIS. W'_ --F 115.OY N bgLOT ,�6-w1E66 1 I� L6•w snsm,r (4•bw SO. Fs) d W x Fan AVENUE F 6 In LOT 13 (4,w9 SO, FT) n 4i WR (v.e 1M M K P¢Wn.) 0�mm Va ala. PD. N89°S 8" I.. ey S NB090'00' E 115.OJ O a,O Peaca) " "L'OT O 'N ti Mr wR h LOT 2 12 n f (1,161 571. FT.) (2]W S0. 4TJ IF, r 22 1[2 N SOtlO'00' E TEW p ! ® Po. u...u.1LOT ' T 11 LOT 3 P (R. 50, r.) n i a r ry (11g1 FII nn( y At 21 Q o e N 90VOOC' E 115.00' e I1 (L. U ug F IYm h nt F IR LOT 10 LOT 4 (9.'/51 50. FLJ (11. 50. Fi.) aI �" LV (p I Y 20 Qd Q@ �al all pFA4up! N 809000' E 115.00 10',NnA¢ 2 P LOT 5 n� LOT 9 (9.J81 50. Fr.) n m (1.498 50. FT) �pw A Gs[Wrt YNWNS-[Ws9 n c� K 19 �IIIITL', N 0090'00 E 15.W' L LOT 6 m m J (2703 SO. Fr.) Ngovo X1" B t 173.971' 18 ED d� Mf uun NB09000 E 50 m n LOT 7 (z,ns so. ec) O N 1.a 17 .y �f N WWP0 E 115.. •^ 49 0T Y C ( Pss9 so.. eFT)wls 16 8 A.1x we.:a a-.1 DO _ MrWa 48 — HE. x�m s 5873"w y 17.f,99' 9090.' E 1,0.. 15 § w� r 20 r 47 BLOCK 35 DEL-RATON PARK T ,� p@ (P.B. 14, PG. 9-10, P.B.C.R.) o 14 3A 13 '„0 by4 SHEET B OF B I GRAPHIC SEAL. LEGEND aoExons cwmwxE z P..ew mY11F1Y'nPOW P.O. OFx 01ES "T Aldi l( A P0.PANE OR71 S B. ND SOiFS OfrlpAl PE PO D. PAN. poW A1wi06FAfNR uE .¢s.TF, i wNO D. OM. !1 .OMCNYAKKD.S.P.¢ENI S. O =.4'K 1T HOLD CpI6NERAY MM BP"E"A, R t IWN 1. r6014 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: November 16, 2015 AGENDA ITEM: vl. A ITEM: Final Plat for Tropic Cay 2, a 13 -unit townhouse development located south of Avenue "F", between Frederick Boulevard and Florida Boulevard (Quasi -Judicial Hearing). GENERAL DATA: Applicant ................. F.P. Dino & Associates, Inc. Agent ................................ Brett Foster Location .................................. South of Avenue "F", between Frederick Boulevard and Florida Boulevard Property Size .......................... 1.23 acres Future Land Use Map ............. Transitional Zoning Designation ................. RM Medium Density Residential Adjacent Zoning......... North: Automotive Commercial (AC) East: Medium Density Residential (RM) South: Medium Density Residential (RM) West: Special Activities District (SAD) Existing Land Use ................... West half is residentially developed; east half vacant Proposed Land Use ............... Combine the parcels as one unified development and construct 5 new residential townhouse units with Associated Parking and Landscaping Water Service ......................... Available via a connection to an existing 8" Water Main within the Tract "A" and a 10" main within Florida Boulevard right-of-way. Sewer Service ........................ Available via a service lateral connection to an existing 8" sewer main within Tract "A" and Florida Boulevard rights-of-way The item before the Board is certification of the final plat as being consistent with the preliminary plat for a 13 -unit fee simple townhouse development known as Tropic Cay 2 Plat. The subject property is located south of Avenue "F", between Frederick Boulevard and Florida Boulevard. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property consists of Tropic Cay Plat recorded in Plat Book 109, Page 43, together with Lots 51 through 56, inclusive, Block 35 of the Plat of Del -Raton Park recorded in Plat Book 14, Pages 9-10. The subject property is zoned RM (Medium Density Residential) and has a Future Land Use Map Designation of TRN (Transitional). On July 25, 1989, the subject property was annexed into the City via the Enclave Act (Enclave 50 — Ordinance No. 38-89) and was assigned an initial zoning designation of RM. On October 27, 2004, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations for an 8 -unit townhouse development on the west -half of the subject property. At its meeting of December 19, 2005, the Planning and Zoning Board certified the preliminary plat and recommended approval of the final plat to the City Commission for the existing Tropic Cay 8 -unit townhouse development located on the west one-half of the property. On May 16, 2006, the City Commission approved the Plat of Tropic Cay. The plat included Tract "A" which is privately owned and dedicated to the public for public access. This dedication allowed for continued (extension of) public access along Frederick Boulevard from Avenue "F" to the north to Frederick Boulevard on the south. On September 19, 2006, the City Commission approved a landscape maintenance agreement for the installation and maintenance of all irrigation, landscaping material, and lighting located within Tract "A". At its meeting of December 13, 2006, the SPRAB approved a site plan extension request for the subject property with said approval to be valid until October 27, 2008. However, due the downturn of the economy the project was never built and the site plan extension approved by SPRAB expired. On September 10, 2014, a Class V site plan was approved by the SPRAB for the establishment of the original site plan project. The development has been constructed and six of the eight units have been sold. The Applicant proposes the construction of a 5 -unit townhome building on Lots 51 through 56 inclusive, Block 35, Del -Raton Park, fronting on Florida Boulevard. As an independent site, the proposed 5 -unit townhouse development exceeded the allowable density of 12 units per acre within the RM zoning district. This portion of the site measures 17,250 sq. ft. and as such, will only accommodate 4 units (17,250sq.ft. / 43,560 sq. ft. = 0.396 acres x12 units per acre = 4.75 units). LDR Section 4.3.4(1)(2) requires that when a fraction exists it shall be rounded down. P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 — Final Plat Page 2 However, by combining both development sites as one unified development (i.e. Tropic Cay and Tropic Cay Phase II (i.e. Lots 51 through 56 inclusive, Block 35, Del-Raton Park), the overall parcel area of 53,613 sq. ft., will accommodate the proposed 5-unit townhouse unit (53,613sci t./43,560sci t. = 1.23 acres x 12 units per acre = 14.7 units). As the Tropic Cay development was previously platted and contains eight (8) townhouse lots, a replat combining the Tropic Cay subdivision together Lots 51-56, Block 35, Del-Raton Park provided the mechanism for combining the two sites. The preliminary plat was approved with conditions by the Planning and Zoning Board on October 19, 2015. On November 4, 2015, the Site Plan Review and Appearance Board approved a Class V site plan, landscape plan and architectural elevation plan for the construction of a five unit townhouse building subject to conditions including the approval of a plat. Now before the Board is certification of the final plat for Tropic Cay 2, being a replat of the Tropic Cay subdivision and Lots 51 through 56 inclusive, Block 35, Del-Raton Park. PROJECT/PLAT DESCRIPTION The proposed plat will contain thirteen townhome lots, eight existing lots under the Tropic Cay subdivision and the creation of five new lots with the approval of the proposed plat. By combining both development sites as one unified development (i.e. Tropic Cay and Tropic Cay Phase II,), the thirteen townhomes on the aggregated parcels (53,613 sq. ft.) results in a density of 10.56 units per acre. The five new townhouse lots will range in size from 23.92 feet to 39.12 feet wide by 115 feet deep. No changes are proposed to the existing townhomes. Tract "A" will continue to provide public access along Frederick Boulevard. The lots located on the east side of the subdivision will be accessed via Florida Boulevard. Pedestrian access has been accommodated via an existing five foot wide concrete sidewalk located along Frederick Boulevard. For the new units a five foot wide concrete sidewalk is proposed within the right-of-way of along Florida Boulevard. During the review of the final plat, it was determined by the City Attorney's Office that pursuant to the requirements of Fla. Stat. §§ 177.041(2) and 177.081(2), each individual property owner (and mortgage company) must execute the plat in order for it to be a lawful document, as follows: Fla. Stat. § 177.041(2): "Every plat or replat of a subdivision submitted to the approving agency of the local governing body must be accompanied by.... A title opinion of an attorney at law licensed in Florida or a certification by an abstractor or a title company showing that record title to the land as described and shown on the plat is in the name of the person, persons corporation or entity executing the dedication." Fla. Stat. § 177.081(2): "Every plat of a subdivision filed for record must contain a dedication by the owner or owners of record. The dedication must be executed by all persons, in the same manner in which deeds are required to be executed. reservations thereon." P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 - Final Plat Paqe 3 As F.P. Dino & Associates, Inc. does not have record title to all of the land within the plat (six of the eight existing townhouse units are individually owned), the City Attorney's office has determined that the plat must be executed by each individual landowner. Thus, the dedication, mortgage consent and title certification on the plat must be revised prior to scheduling and action by the City Commission to incorporate the acknowledgement of all record title owners and mortgage holders. This is noted as a condition of approval. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Transitional and is currently zoned RM. The RM zoning district is compatible with the Transitional Future Land Use Map designation and the proposed multiple family (townhouse) development is allowed as a permitted use up to a maximum of 12 units per acre, subject to compliance with the performance standards of LDR Section 4.4.6(1). Evaluation of the performance standards was undertaken by the SPRAB and a finding of substantial compliance was made. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: The addition of five multiple family units demands as it relates to this level of se states that the City's Water Treatment Treatment Plant have adequate treatment current Future Land Use Map designations. Water and Sewer: will have minimal impact on water and sewer rvice standard. The adopted Comprehensive Plan Plant and South County Regional Wastewater capacities for the City at build -out based upon the For the existing townhouse building, water service exits via connection to an existing 8" water main within Tract "A". Sewer service is provided to the site via service lateral connections to the 8" sanitary sewer main located within the Tract" A". For the proposed townhouse building, water service will be provided via connection to an existing 10" inch water main within the Florida Boulevard right-of-way. Sewer service will be provided to the site via service lateral connections to the 8" sanitary sewer main located within Florida Boulevard. P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 — Final Plat • Fire protection is provided by an existing fire hydrant located at northeast corner Tract "A" and at the southeast corner of the site on Florida Boulevard. Streets and Traffic: Traffic concurrency has been met for the existing townhouse development. The proposed five townhomes will have minimal impact on the surrounding roadway network. Due to the scale of this project (five new units), a traffic study is not required by Palm Beach County. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: Park and recreation fees were paid with the construction of the existing townhouse units. The proposed five new residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $2,500 will be required of this development for parks and recreation purposes. Solid Waste: The combined project (13) residential units will generate 25.87 tons of solid waste per year (13 units x 1.99 tons = 25.87 tons). The original townhouse building (eight units) generates 15.92 tons of solid waste per year. Thus, the addition of the five unit townhouse building will generate an additional 9.95 tons of solid waste each year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2048. Drainage: For the existing townhouse, drainage is accommodated via an exfiltration trench system within Tract "A". For the new townhomes drainage will be accommodated on site via swales and exfiltration trench system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Schools: The proposed development is subject to the Palm Beach County School Concurrency. Concurrency approval for the new units has been granted from the School District on October 22, 2015. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 — Final Plat Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 4.3.4(K) (Development Standards Matrix): The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: Requirement Standard Provided Minimum Lot Size (overall parcel) 8,000 sq. ft. 53,613 sq. ft., Minimum Lot Width (overall parcel) 60' 290' Minimum Lot Depth (overall parcel) 100' 150' Minimum Lot Frontage (overall parcel) 60' 150' Maximum Density 12 units/acre 10.56 units/acre LDR Section 4.3.3(0)(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project, and was included as a condition of site plan approval. The plat depicts each unit as a separate lot. For the existing townhomes, Tract "A", is dedicated for public access and will continue to provide access for the existing townhomes. Access to the new units is via the dedicated right-of-way of Florida Boulevard. LDR Section 6.1.3(B)(2)(Sidewalk Design Requirements): Pursuant to LDR Section 6.1.3(6)(2), five feet wide sidewalks must be constructed within the street right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way (easement or tract) line. As previously mentioned, a five feet wide concrete sidewalk exists within Tract "A" and a five feet wide concrete sidewalk will be installed along Florida Boulevard. A positive finding can be made with respect to sidewalk design requirements. • LDR Section 5.3.1(Right-of-Way Dedication): Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for a local street without curb and gutter is 60 feet. Tract "A" has been dedicated as for public access and has a total width of 60 feet. Additionally, the existing right-of-way for Florida Boulevard is 60 feet therefore no additional right-of-way dedication is required. A positive finding can be made with respect to right-of-way dedication. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted with the Site Plan and all applicable objectives or policies along with a discussion on how they are addressed is attached as Appendix "C". P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 — Final Plat Page 6 TECHNICAL ITEMS Technical comments are attached as Appendix "B", and must be addressed prior to the submittal of a Building permit. REVIEW BY OTHERS This project proposal is not within the geographical area requiring review by the Community Redevelopment Agency (CRA), Historic Preservation Board (HPB) or the Downtown Development Authority (DDA). Courtesy Notices: A courtesy notice has been sent to the following associations and civic organizations: • Delray Citizens Coalition • Tropic Bay Condo • Tropic Harbor • Tropic Isles Homeowner's Association Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The development proposal combines the Tropic Cay Plat with Lots 51 through 56 inclusive, Block 35, Del -Raton Park as one unified development in order to allow the construction of five new fee -simple townhouse units. The proposed development will be similar in layout and architectural design as the Tropic Cay development. The development is consistent with the Zoning and Future Land Use Map designations for the subject property. The analysis of the final plat remains identical to the approved preliminary plat with the exception that the final plat addresses the preliminary plat conditions of approval, and will also include the execution of all record title owners and mortgage holders. Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3 (Standards for Plat Actions). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission and certify that the final plat is in compliance with the Preliminary Plat for Tropic Cay 2, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial to the City Commission due to a failure to certify that the Final Plat is in compliance with the Preliminary Plat for Tropic Cay 2, based upon a P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 — Final Plat Pace 7 failure to make positive findings of fact and law contained in the staff report, and finding that the request and approval is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for certification of the Final Plat for Tropic Cay 2, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following conditions: 1. Prior to scheduling for City Commission approval of the Tropic Cay 2 Plat, the following revisions shall be made: a. That the dedication statement is revised to list and provide for the acknowledgement all record title owners of the land described on the plat. b. That the title certification is revised to incorporate all record title owners of the land described on the plat. c. That the mortgagee consent is provided for all mortgage holders having a record interest to the land on the plat. Attachments: • Appendix "A" • Appendix "B" • Appendix "C" • Location Map • Reduced Survey • Reduced Plat P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 - Final Plat Page 8 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable I X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Meets intent of stand Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable I X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of stand Does not meet intent P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 - Final Plat Pace 9 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Meets intent of stand Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Meets intent of stand Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of stand Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I X" Meets intent of standard Does not meet intent "The provision of these recreations facilities for this infill development is not for developments fewer than 25 units. P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 — Final Plat Paqe 10 The following technical comments are required with the submittal of a building permit. Building Permit Comments: 1. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 2. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 3. That a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 — Final Plat Pape 11 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The property is partially developed and contains an 8 -unit townhouse building on the west half of the site. The east half of the site is vacant. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family townhouse building on the vacant property. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is adjacent to a commercial development to the west (Thrifty Rental Cars) which is zoned SAD (Special Activities District), which allows vehicle sales and rental. To the north is an automobile dealership parking lot presently zoned AC (Automotive Commercial). To the east is the Tropic Bay Condominium. The adjacent development to the south is zoned RM and consists of several parcels of land with single family units. The development proposal increases the number of townhouse units from 8 to 13 units. The new townhouse development will be similar to the existing building and will mirror the architectural design and layout with respect to unit sizes, building height, architectural features and landscaping. The new units will also be three bedroom units with two -car garages. The existing development generates 56 average trips per day onto the surrounding roadway network. The new townhouse units will generate 35 trips per day for a combined total of 91 trips per day. The proposed townhouse building with paver driveways and landscaping will improve the residential streetscape along Florida Boulevard. The development will not increase noise, odor, or dust. Positive findings with respect to this level of service standard can be made. Open Space and Recreation Element Policy A-3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may P&Z Board Staff Report - November 16, 2015 Tropic Cay 2 - Final Plat Pape 12 require a monetary contribution in -lieu of the provision of on-site facilities where appropriate. The overall development will have a total of 13 units. Due to the size of the lot and its configuration it is not feasible to accommodate a larger range of recreational facilities. Because the proposed development has fewer than 25 units it is reasonable to consider this development as exempted from this standards. Based upon the above arguments, compliance with this code requirement has been achieved Housing Element Objective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B-2.2 - T within the City is discouraged. accommodate households having and shall be required to provide 3 ranging from toddlers to teens. residential developments located fewer than 25 units. ie development of new adult oriented communities Jew housing developments shall be designed to a range of ages, especially families with children, and 4 bedroom units and activity areas for children This requirement may be waived or modified for n the downtown area, and for infill projects having All thirteen townhomes will accommodate three bedrooms units. While a fourth bedroom is not provided, the residential development is designed to accommodate families with children. Such goal is accomplished by providing a townhouse product that has a two car garage, large room sizes, patio areas, and floor plans that could appeal to different age groups and household sizes. Consequently, the proposed development strives to meet this housing policy. TROPIC CAY 2 BEING A BEHEAD CK FRES 51 THROUGH 56, CEL-RATON PARK, BOARDED NO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PACES 9 AND 10, AND A REPEAT OF THE TROPIC CAY PLAT, ACCORDING TO TEE PLAT THEREOF, AS FE COR CEO IN PLAT BOOK 109, PAGE 65, DEDICATION ALL OF ME PUBLIC RECORDS HE PALM BEACH COUNTY FLORIDA. AST LYING IN BECTON zB, FORESEE a5 50UT . IAx C[ a [ wRAND HERS, P�BE '�Aw LOS 51 TEMINI A' 'NED MAN"' CITY OF DELRAY BEACH, PADA BEACH COUNTY, FLORIDA, BEI—MANRE LEAR,wA A "oglIIIIE 11 TEAL MAND A"' es ADLAND, STEMAND AH 71, TINTRATITI AI As TRPIC TAY LATE 11 TOLK TOR ARHANNIISSI I' IS PLAT THEDROT 11 VA " ..... AN LINDA e [FD AMIAl "I R 11 TEND "All' BEER",'LAVA. smTION' MOR TGACEE'5 CONSENT s WEST A -MITI All CAR NOUN DEN AN A ISELE III' —.Ay�DAIWAVIITHEI'M —m. suwA aE REVIEWING SII RVEYCR'S STATELIEVT 'DEBT i CF 2 A srm'mnw IF AIMS wsaFrwe STATER Am sell' wwsmmrvswo MNA— ANN KIDDER UNION TV AN A. 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I _ I � I I I r p C J l Ixa. oi I ra. ,m. =€ "E map• s I 7I� o� I I ___— _- ______ ev � Ip I N 90'00'00' E tt5 p �-e' pm. s,wHn xpp � amx ss rtn wq �. 5 CONSENT AGENDA ACKNOWLEDGEMENT Project Type: Final Plat Project Name: Tropic Cay 2 Plat 1. The final plat is scheduled to go before the City Commission for review and approval on January 19, 2016. 2. The City staff presented documentary evidence and testimony to the Planning and Zoning Board on November 16, 2015. The Planning and Zoning Board certified the final plat as consistent with the preliminary plat, and recommended approval of the final plat to the City Commission. All of the evidence is a part of the record in this case. THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE APPLICANT PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: LidjThe Applicant agrees with the determination and/or recommendation made by the Planning and Zoning Board on November 16, 2015. ❑ The Applicant disagrees with the determination and/or recommendation made by the Planning and Zoning Board on November 16, 2015. PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: The Applicant agrees with this item being approved on the consent agenda for the January 19, 2016 City Commission meeting and concurs with the City's position. ❑ The Applicant opposes the City's position and requests placement on the regular agenda as a quasi-judicial public hearing on January 19, 2016. 4ATURE: DATE: ,gned Representative (ap 'cant/agent/owner) (Month/Day/Year)re,Pf"-4�1 Sfcr venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-060, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 APPROVAL OF THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF TROLLEY SERVICE (DOWNTOWN ROUNDABOUT) Recommended Action: Approve First Amendment to the Interlocal Agreement (ILA) between the City of Delray Beach (CITY) and the Delray Beach Community Redevelopment Agency (CRA) for Funding of Trolley Service. Background: The CRA has provided funding for the Downtown Roundabout (trolley service) since FY 2006, allocating dollars to match County and State grants. This program, which is administered by the City, provides free transportation through the downtown area from Tri -Rail to the beach. In 2013 the City received a $375,000 grant for the program from the Florida Department of Transportation (FDOT), which funds were to be expended by May 2015. The FDOT funding required 50% local matching funds. The local match was provided through a combination of funds from the CRA ($300,000) and a $75,000 grant from the South Florida Regional Transportation Authority (SFRTA). In March 2014, the CRA and the City entered into an Interlocal Agreement (ILA) to provide the $300,000 matching funds for the FDOT grant. The ILA automatically renews annually provided the CRA includes funding for the trolley service in the CRA's budget. The ILA provides that the CRA is to reimburse the City for the actual amount expended by the City for the trolley service up to maximum amount of $300,000. The payments are made by the CRA after receipt of the quarterly reports and documentation of actual expenditures by the City. At its meeting on August 27, 2015, the CRA Board supported the City's request to increase funding for the trolley service in an amount not to exceed $400,000 for FY 2015-2016. While the anticipated cost of the trolley service for FY 2015-2016 is $475,000, the City's costs will be partially covered by an additional SFRTA grant in the amount of $75,000. The amendment to the ILA removes the current contractual limitation on the amount of funding which the CRA can provide to the City for the operation of the trolley service and ties future funding to the approved budgets for the CRA and the City. The amendment also provides for quarterly payments from the CRA based on the City's actual expenses. City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File M 16-060, Version: 1 Attachments include: ILA between City / CRA Funding Trolley Services First Amendment to ILA Funding Trolley Services City Attorney Review: Approved as to legal form and sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from Account No. 001-3151-545.49-26 City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by LegistarTM INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF TROLLEY SERVICE THIS AGREEMENT is made this,, 15-1- day of&AJV01�by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public agency created pursuant to Chapter 163, Florida Statutes, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CI'T'Y has entered into a contract for trolley service to be provided in the downtown area of the CITY; and WHEREAS, the CRA recognizes the importance of an in -town trolley system to serve Tri -Rail, the downtown and the beach, and has included in the CRA Plan the "Downtown Transit System" as a program that will receive funding from the CRA; and WHEREAS, the CRA and the CITY find that this Interlocal Agreement is consistent with the provisions of Chapter 1.63, Florida Statutes, the CRA's Redevelopment Plan, and serves a municipal and public purpose. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: The recitations set forth above are hereby incorporated herein. 2. The CRA agrees to pay the CITY an amount not to exceed _Three hundred thousand and 00/100 Dollars ($300,000.00) for the operation of the trolley service in the downtown area of the CITY. The CRA shall pay the funds to the CITY on a quarterly basis, no later than fifteen (15) days after receipt of the quarterly reports provided by the CITY pursuant to this Agreement. The amount of each quarterly payment shall be an amount equal to fifty percent (50%) of the CITY's actual expenses to operate the trolley service for the respective quarter. 3, The term of this Agreement shall commence October 1, 2013 and terminate on September 30, 2014. However, this Agreement shall automatically renew on an annual basis provided that funding for the trolley service is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the Agreement if it provides written notice to the other party, at least 60 days prior to renewal, of its intent to cancel this Agreement. 4. The CITY shall provide the CRA with a quarterly report no later than January 30", April 30Th, July 3O", and October 30" for each year that this Agreement is in effect. The quarterly report shall provide detail regarding the CITY's expenses incurred with respect to the operation of the trolley service, as well as ridership information for each route, including ridership per day, per route. 5. CITY shall insure that all publicity, public relations, advertisements and signs, related to the trolley service; including all signs placed on the exterior of the trolleys, recognize the CRA for the support of the trolley service, The use of the CRA logo is permissible; but all signs or other advertising materials used to publicize CRA funded activities must be approved by the CRA prior to being utilized. Upon request by the CRA, shall provide proof of the use of the CRA logo as required by this paragraph. 6_ The CITY shall require the contractor that provides trolley service, pursuant to an agreement with the CITY, to provide a certificate of insurance evidencing the insurance coverages required by the CITY in the agreement with the contractor. The certificate of insurance shall specifically name the CRA as an additional insured under the insurance policies 2 required pursuant to the contractor's agreement. A copy of the certificate of insurance shall be provided to the CRA. Nothing herein shall constitute a waiver of the CITY's or CRA's sovereign immunity, or consent to the imposition of any liability in excess of the statutory limitations as provided in Section 768.28, Florida Statutes. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Pahn Beach County, Florida. 11, Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Aw m np ,, _- 12. This Agreement shall not be valid until signed by the Mayor and the City Cleric. p ATTEST: CITY OF DELRJBEAC ORIDA ,I1 �ICityCleric ApT,ovod i y Attorney 19i t',Gl ATTEST: COMMUNITY REDEVELOPMENT AGENCY 3 By: � Howard Lewis, Chair Print Name: ii !1 �AQi IA /14t (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH 2013, by H Ln11X-' CI Lir agent, title of officer or agent), acknowledging), a corporation. He/She is otiya,, Y.risiyn Cox COMMI5810NIEE859793 ;F EXPIR MMAR. 23,2017 '�.,,,,,,,s• WWW.AARONNOTARY.wm was acknowledged before me this J6ay of 5 as C`i.i Y' (name of o4ficer or Of r0A CPA— (name of corporation (state or place o incorporation) corporation, on behalf of the personally known to me _ or has produced H3 GOV C1IENTSOBCRA 655\060018 DBCRA\AGMT 201 AIntedocal Agl City -CRA Shuttle Services FY13-14- fmardoc rd FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF TROLLEY SERVICE THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR FUNDING OF TROLLEY SERVICE ("First Amendment"), is made this day of , 2015, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA") WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding of Trolley Service, on March 21, 2014 (the "Original Agreement'), which provided for funding for the operation of a trolley service within the downtown area of the City; and WHEREAS, the CITY and CRA desire to amend the Original Agreement by entering into this First Amendment in order to remove the limitation on the amount of funding which the CRA can provide to the CITY for the operation of the trolley service, pursuant to the Original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY and the CRA desire to amend Paragraph 2 of the Original Agreement to read as follows: f001047321 655-0600180 ) The CRA agrees to pay the CITY an amount to be determined, and agreed to through the budgeting process, for the operation of the trolley service in the downtown area of the CITY. The CRA shall pay the budgeted funds to the CITY on a quarterly basis, following the CRA's receipt of an invoice from the CITY which documents the CITY's actual expenses for the trolley service for the quarter. 3. That except as amended herein, the CITY and the CRA ratify, approve, and reaffirm the terms of the Original Agreement, and the Original Agreement shall remain in full force and effect, except as amended herein. 4. In the event of any conflict or ambiguity by and between the terms and provisions of this First Amendment and the Original Agreement, the terms and provisions of this First Amendment shall control to the extent of any such conflict or ambiguity. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST City Clerk Approved as to Form: City Attorney ATTEST: Zda Jeff } , Executiv irector (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH (00104732.2 655-0600180 ) L CITY OF DELRAY BEACH, FLORIDA 0 Cary Glickstein, Mayor DELRAY BEACH COMMUNITY RED E LOPMENT AGENCY By: ginald A. Cox, Chair The 2015, by agent, title of acknowledging), corporation. oing instr ment was 56dr or a ent o a 6 He/She is "• Susan B. Shaw o4l1,iY ppl�i4 sCpsimiwian#PF070388 Expires: Nov 13,2017 IMFWa° ww)sdusoNNareaxc M (00I 47322655-06001 80) lowledgpA before me this ltD day of 1, , as (name of officer or (name of corporation or pla a of incorporation) corporation, on behalf of the nally known to me or has produced of identification) as identification. ,� • 16� Notary Public — State of Florida File #: 15-366, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Suzanne Fisher, Director - Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 ANNUAL PERFORMANCE PAYMENT - JCD SPORTS GROUP, INC. Recommended Action: 100 N.W. 1 st Avenue Delray Beach, FL 33444 Motion to Approve the performance fee to JCD Sports Group for golf and tennis operations as recommended by staff for FY 14-15 in the total amount of $23,205.15. Background: As per contracts with JCD Sports Group for golf and tennis operations, they could receive up to 15% of the annual base fee for meeting annual performance measures as approved by City Commission. Performance measures are weighted by points with 100 point total and the ability to receive an additional 25 bonus points for special projects such as hurricane clean-up ad other actions. Attached is the performance fee request received from JCD Sports Group for FY14-15 with point totals they feel should be assigned for each performance measure in the following amounts: JCD Sports Group Staff Recommendation Delray Beach Golf Club $13,716.00 Lakeview Golf Club $ 3,334.50 Tennis Operations $ 6,154.65 Staff concurs with the calculations and this request. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. $13,716.00 $ 3,334.50 $ 6,154.65 Funding Source: Funding is available in account 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course: Other Contractual Service) and 001-4215-575-3490 (General Fund: Operating Expenses-Miscellaneous/Other Contractual Services). Timing of Request: This is time sensitive due to the contract payment schedule. City of Delray Beach Page 1 of 1 Printed on 1/14/2016 powered by Legistar'"^ Delray Beach Golf Club FY 2014-2015 Performance Measures Points Actual Points City Staff Available Results Reauested Recommendation Conduct a customer satisfaction survey for golf operations and obtain 15 4.2 15 15 an overall average rating of 4.2 or better on a 1 to 5 scale. Conduct a customer satisfaction survey for restaurant operations 15 Conduct a customer satisfaction survey for restaurant operations and 15 4.8 15 15 obtain an overall average rating of 4.2 or better on a 1 to 5 scale. scale. Maintain a participation level of 2,850 in golf course sponsored 10 2412' 1 1 programs min 2,350 - max 2,850) Achieve a level of 63,550 rounds (min rounds 58,550 - max rounds 10 Achieve a level of 60,375 rounds (min rounds 55,375 - max rounds 10 $ 57,957 5 5 60,375) Achieve gross golf fees including Annual Permits of $1,700,000 15 $1,504,699 0 Achieve gross golf fees including Annual Permits of $1,607,310 (min 15 $ 1,567,040 10 10 $1,482,310 - max $1,607,310) $98,887 6 $110,000) Achieve gross merchandise sales of $104,500 (min $79,500 - max 10 $ 102,912 9 9 $104,500) $1,090,000) Achieve gross restaurant sales of $1,119,420 (min $1,019,420 - max 10 $ 1,195,710 10 10 $1,119,420) Maintain budgeted operating expenses below $2,869,130. 15 $ 2,695,577 15 15 Delray Beach Golf Club FY 2013-2014 Performance Measures Points Actual Points Available Results Awarded Conduct a customer satisfaction survey for golf operations and 15 4.1 0 obtain an overall average rating of 4.2 or better on a 1 to 5 scale. Conduct a customer satisfaction survey for restaurant operations 15 4.9 15 and obtain an overall average rating of 4.2 or better on a 1 to 5 scale. Maintain a participation level of 2,850 in golf course sponsored 10 2961 10 ro rams min 2,350 - max 2,850) Achieve a level of 63,550 rounds (min rounds 58,550 - max rounds 10 56,638 0 63,550) Achieve gross golf fees including Annual Permits of $1,700,000 15 $1,504,699 0 min $1,576,730 - max $1,700,000) Achieve gross merchandise sales of $110,000 (min $85,000 - max 10 $98,887 6 $110,000) Achieve gross restaurant sales of $1,090,000 (min $990,000 - max 10 $1,175,451 10 $1,090,000) Maintain budgeted operating expenses below $2,868,960. 15 $2,789,444 15 Total Points 100 80 80 Total Points 100 56 Bonus Points, at the sole determination of the City, as a result of 25 Bonus Points, at the sole determination of the City, as a result of 25 performances by JCD Sports Group that exceeded contract I I I I I performances by JCD Sports Group that exceeded contract Total Possible Points 125 80 80 Total Possible Points 125 56 Management Fee Possible 15% performance fee Performance fee with total points earned Additional performance fee points calculation TOTAL PERFORMANCE FEE 'Driving range was closed for six weeks for renovations. $ 114,300.00 $ 114,300.00 $ 17,145.00 $ 17,145.00 $ 13,716.00 $ 13,716.00 $ 13,716.00 $ 13,716.00 Management Fee $114,300.00 Possible 15% performance fee $ 17,145.00 Performance fee with total points earned $ 9,601.20 Additional performance fee points calculation TOTAL PERFORMANCE FEE $ 9,601.20 Note: Both this year and last years customer satisfaction surveys in the golf department were below the target of 4.2 due to customer dissatisfaction with the fairway grass surface, which because of it's age (over 20 years old) needs to be replaced to eliminate foreign grass encroachments. This also contributed to the number of rounds played and revenue for golf fees. 12/17/2015, 8:52 AM Delray Beach Tennis Center Delray Swim & Tennis Club FY 2014-2015 Performance Measures Points Actual Points City Staff Available Results Reauested Recommendation Conduct a customer satisfaction survey and obtain an 30 4.6 30 30 overall average rating of 4.2 or better on a 1 to 5 scale. Achieve a level of 360 memberships (min 310 - max 15 Achieve a level of 360 memberships (min 310 - max 360) 15 349 12 12 Maintain a level of 68,000 daily play counts (min 62,000 - 15 69,940 15 15 max 68,000 Additional performance fee points calculation Maintain program participation. Programs include: Maintain program participation. Programs include: Special 10 103.9% 10 10 Olympics, Parks & Recreation, Patrons, Lessons, Clinics, Lessons, Clinics, Leagues, Juniors, Seniors, and Leagues, Juniors, Seniors, and Special Events. (min 95% - Special Events. (min 95% - max 105%) max 105%) 15 $586,397 15 $510,000 - max $540,000 Achieve gross revenue for lessons of $540,000 (min 15 $ 595,014 15 15 $510,000 - max $540,000 5 $47,500 min $42,500 - max $47,500 Achieve gross revenue for Leagues & Tournament of 5 $ 59,165 5 5 $47,500 min $42,500 - max $47,500) Achieve gross revenue for General Admissions of $103,000 10 $ 107,274 10 10 min $98,000 - max $103,000 100 Bonus Points, at the sole determination of the City, as a 25 result of performances by JCD Sports Group that exceeded 125 Management Fee Possible 15% performance fee Performance fee with total points earned Additional performance fee points calculation TOTAL PERFORMANCE FEE Delray Beach Tennis Center Delray Swim & Tennis Club FY 2013-2014 Performance Measures Points Actual Points Available Results Awarded Conduct a customer satisfaction survey and obtain an 30 4.5 30 overall average rating of 4.2 or better on a 1 to 5 scale. Bonus Points, at the sole determination of the City, as a 25 Achieve a level of 360 memberships (min 310 - max 15 350 12 360 $ 42,300.00 Management Fee $ 6,345.00 Maintain a level of 68,000 daily play counts (min 62,000 - 15 67,042 13 max 68,000 Additional performance fee points calculation Maintain program participation. Programs include: 10 99% 4 Special Olympics, Parks & Recreation, Patrons, Lessons, Clinics, Leagues, Juniors, Seniors, and Special Events. (min 95% - max 105%) Achieve gross revenue for lessons of $540,000 (min 15 $586,397 15 $510,000 - max $540,000 Achieve gross revenue for Leagues & Tournament of 5 $56,443 5 $47,500 min $42,500 - max $47,500 Achieve gross revenue for General Admissions of 10 $ 91,393 0 $103,000 min $98,000 - max $103,000 97 97 100 Bonus Points, at the sole determination of the City, as a 25 result of performances by JCD Sports Group that 97 97 125 $ 42,300.00 $ 42,300.00 Management Fee $ 6,345.00 $ 6,345.00 Possible 15% performance fee $ 6,154.65 $ 6,154.65 Performance fee with total points earned Additional performance fee points calculation $ 6,154.65 $ 6,154.65 TOTAL PERFORMANCE FEE 79 79 $ 42,300.00 $ 6,345.00 $ 5,012.55 $ 5,012.55 12/17/2015,9:00 AM Lakeview Golf Club FY 2014-2015 Performance Measures Points Actual Points Points Availahle Results Awarder) Awarded Conduct a customer satisfaction survey and obtain an overall 30 4.6 30 30 average rating of 4.2 or better on a 1 to 5 scale. sponsored programs min 2,500 - max 3,200 15 95 95 Maintain a participation level of 3,200 in golf course 10 3384 10 10 sponsored programs min 2,500 - max 3,200) Achieve gross merchandise sales of $27,000 (min $23,000 - 10 max $27,000 Achieve a level of 31,400 rounds (min rounds 28,400 - max 10 32,391 10 10 rounds 31,400 Achieve gross golf fees including play cards of $574,900 (min 15 $580,781 15 15 $534,900 - max $574,900 Achieve gross merchandise sales of $26,900 (min $22,900 - 10 $33,290 10 10 max $26,900) Achieve gross Food & Beverage sales of $52,000 (min 10 $48,382 5 5 $44,000 - max $52,000) Maintain budgeted operating expenses below $586,790. 15 $491,293 j 15 15 Total Points 100 Bonus Points, at the sole determination of the City, as a result 25 of performances by JCD Sports Group that exceeded contract Total Possible Points 125 Management Fee Possible 15% performance fee Performance fee with total points earned Additional performance fee points calculation TOTAL PERFORMANCE FEE 95 95 average rating of 4.2 or better on a 1 to 5 scale. 0 Maintain a participation level of 3,200 in golf course 10 sponsored programs min 2,500 - max 3,200 15 95 95 $ 23,400.00 $ 23,400.00 $ 3,510.00 $ 3,510.00 $ 3,334.50 $ 3,334.50 $ 3,334.50 $ 3,334.50 Lakeview Golf Club FY 2013-2014 Performance Measures Points Actual Points Available Results Awarded Conduct a customer satisfaction survey and obtain an overall 30 average rating of 4.2 or better on a 1 to 5 scale. 0 Maintain a participation level of 3,200 in golf course 10 sponsored programs min 2,500 - max 3,200 15 Achieve a level of 35,000 rounds (min rounds 32,000 - max 10 rounds 35,000 Achieve gross golf fees including play cards of $643,100 (min 15 $603,100 - max $643,100 Achieve gross merchandise sales of $27,000 (min $23,000 - 10 max $27,000 Achieve gross Food & Beverage sales of $48,000 (min 10 $40,000 - max $48,000) Maintain budgeted operating expenses below $587,610. 15 4.4 3,208 31,170 $553,343 $33,360 $48,789 $510,307 30 10 0 0 10 10 15 Total Points 100 75 Bonus Points, at the sole determination of the City, as a result 25 of performances by JCD Sports Group that exceeded contract Total Possible Points 125 75 Management Fee Possible 15% performance fee Performance fee with total points earned Additional performance fee points calculation TOTAL PERFORMANCE FEE $ 23,400.00 $ 3,510.00 $ 2,632.50 $ 2,632.50 12/17/2015, 9:02 AM Delray Beach Tennis Center %change vs Delray Swim & Tennis Club Prior YR Delray Beach Golf Club Customer survey - golf operations Customer survey - restaurant Participation level Rounds Golf Fees Merchandise Restaurant Operating expenses Lakeview Golf Club 2010-11 2010-11 2011-12 2012-13 2013-14 2014-15 4.1 Customer surveys 4.3 4.4 4.3 4.5 4.6 2% Memberships 352 353 357 350 349 0% Daily play 66,279 66,147 68,163 67,042 69,940 4% Participation % to prior year 117% 99% 106% 99% 104% -4% Lessons $ 485,262 $ 564,936 $ 558,163 $ 586,397 $ 595,014 1% Leagues & Tournament $ 42,377 $ 45,596 $ 45,752 $ 56,443 $ 59,165 5% General admissions $ 94,283 $ 104,114 $ 88,590 $ 91,393 $ 107,274 17% Delray Beach Golf Club Customer survey - golf operations Customer survey - restaurant Participation level Rounds Golf Fees Merchandise Restaurant Operating expenses Lakeview Golf Club 2010-11 2011-12 2012-13 2013-14 2014-15 4.1 4.1 4.1 4.1 4.2 4.2 4.9 4.9 4.9 4.8 2,626 2,888 3,037 2,961 2,412 58,701 56,551 58,334 56,638 57,957 $ 1,559,999 $ 1,501,977 $ 1,532,665 $ 1,504,699 $ 1,567,040 $ 109,552 $ 101,701 $ 84,080 $ 98,887 $ 102,912 $ 1,069,718 $ 1,127,235 $ 1,157,207 $ 1,175,451 $ 1,195,710 $ 2,614,732 $ 2,582,821 $ 2,543,347 $ 2,789,444 $ 2,695,577 2% -2% -19% *Driving range was closed for six weeks for renovations. 2% 4% 4% 2% -3% 2010-11 2011-12 2012-13 2013-14 2014-15 Customer surveys 4.6 4.6 4.7 4.4 4.6 4% Participation level 4,081 3,591 3,680 3,208 3,384 5% Rounds 33,824 30,319 29,336 31,170 32,391 4% Golf Fees $ 594,807 $ 577,310 $ 535,327 $ 533,929 $ 580,781 9% Merchandise $ 30,960 $ 26,154 $ 25,897 $ 33,360 $ 33,290 0% Restaurant $ 40,824 $ 51,711 $ 50,680 $ 48,789 $ 48,382 -1% Operating expenses $ 580,069 $ 531,996 $ 531,235 $ 510,307 $ 491,293 -4% venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-369, Version: 1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director - Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2015 FY15-16 PROPOSED PERFORMANCE MEASURES FOR THE TENNIS FACILITIES, LAKEVIEW GOLF COURSE AND THE MUNICIPAL GOLF COURSE Recommended Action: Motion to approve proposed performance measures for FY15-16 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. Background: Attached are proposed performance measures for FY15-16 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. The attachment includes both the proposed measures and point assignments for FY14-15. Also included is a bonus point provision for tasks completed that exceed contract expectations, such as clean up after a hurricane. As indicated in the past, bond counsel has advised that if net profit should not be used as a measure, as that could result in the loss of the tax free status of the bonds. Per the agreement between the City of Delray Beach and JCD Sports Group, Inc. agreement dated October 1, 2004, paragraph 9, as amended August 15, 2008 extending the contract four (4) years with no management fee increase and as amended August 1, 2011 extending the contract four (4) years with a 10% reduction in the management fees. JCD Sports Group is eligible for up to a 15% performance payment of the base payment per year based on meeting approved performance measures. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. The Parks Department and the Finance Department are committed to working together on new performance measures for the Request for Proposals for next fiscal year. Funding Source: Funding for this contract provision has been budgeted in accounts 445-4711-572-34.90 for Delray Beach Golf Club, 446-4711-572-34.90 for the Lakeview Golf Club and 001-4215-575-3490 for Tennis Operations. City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 15-369, Version: 1 Timing of Request: This is time sensitive so that the proposed performance measures can be met for the FY15-16, which started October 1, 2015. City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by LegistarTM Delray Beach Tennis Center Delray Swim & Tennis Club FY 2015-2016 Performance Measures PROPOSED Delray Beach Tennis Center Delray Swim & Tennis Club FY 2014-2015 Performance Measures Points Available ACTUAL Conduct a customer satisfaction survey and obtain an 30 overall average rating of 4.2 or better on a 1 to 5 scale. 30 Achieve a level of 360 memberships (min 310 - max 360) 15 Maintain a level of 68,000 daily play counts (min 62,000 - 15 max 68,000 15 Maintain program participation. Programs include: Special 10 Olympics, Parks & Recreation, Patrons, Lessons, Clinics, Leagues, Juniors, Seniors, and Special Events. (min 95% - max 105%) 15 Achieve gross revenue for lessons of $580,000 (min 15 $550,000 - max $580,000 Achieve gross revenue for Leagues & Tournament of 5 $50,000 min $45,000 - max $50,000 10 Achieve gross revenue for General Admissions of $96,000 10 min $91,000 - max $96,000 100 Bonus Points, at the sole determination of the City, as a 25 result of performances by JCD Sports Group that exceeded 125 Points Actual Points Available Results Requested Conduct a customer satisfaction survey and obtain an 30 4.6 30 overall average rating of 4.2 or better on a 1 to 5 scale. Achieve a level of 360 memberships (min 310 - max 15 349 12 360 Maintain a level of 68,000 daily play counts (min 62,000 15 69,940 15 max 68,000 Maintain program participation. Programs include: 10 103.9% 10 Special Olympics, Parks & Recreation, Patrons, Lessons, Clinics, Leagues, Juniors, Seniors, and Special Events. (min 95% - max 105%) Achieve gross revenue for lessons of $540,000 (min 15 $ 595,014 15 $510,000 - max $540,000 Achieve gross revenue for Leagues & Tournament of 5 $ 59,165 5 $47,500 min $42,500 - max $47,500 Achieve gross revenue for General Admissions of 10 $ 107,274 10 $103,000 min $98,000 - max $103,000 100 Bonus Points, at the sole determination of the City, as a 25 result of performances by JCD Sports Group that 125 12/17/2015,9:10 AM 97 97 Lakeview Golf Club FY 2015-2016 Performance Measures PROPOSED Lakeview Golf Club FY 2014-2015 Performance Measures Points Available ACTUAL Conduct a customer satisfaction survey and obtain an overall 30 avera a ratinq of 4.2 or better on a 1 to 5 scale. 30 Maintain a participation level of 3,200 in golf course 10 sponsored programs min 2,500 - max 3,200 Achieve a level of 32,050 rounds (min rounds 29,050 - max 10 rounds 32,050 10 Achieve gross golf fees including play cards of $575,040 (min 15 $535,040 - max $575,040) Achieve gross merchandise sales of $30,000 (min $26,000 - 10 max $30,000 10 Achieve gross Food & Beverage sales of $50,500 (min 10 $42,500 - max $50,500) Maintain budgeted operating expenses below $570,630 15 Total Points 100 Bonus Points, at the sole determination of the City, as a result 25 of performances by JCD Sports Group that exceeded contract Total Possible Points 125 Points Actual Points Available Results Awarded Conduct a customer satisfaction survey and obtain an overall 30 4.6 30 average rating of 4.2 or better on a 1 to 5 scale. Maintain a participation level of 3,200 in golf course 10 3,384 10 sponsored programs min 2,500 - max 3,200 Achieve a level of 31,400 rounds (min rounds 28,400 - max 10 32,391 10 rounds 31,400 Achieve gross golf fees including play cards of $574,900 (min 15 $580,781 15 $534,900 - max $574,900) Achieve gross merchandise sales of $26,900 (min $22,900 - 10 $33,290 10 max $26,900 Achieve gross Food & Beverage sales of $52,000 (min 10 $48,382 5 $44,000 - max $52,000) Maintain budgeted operating expenses below $586,790. 15 $491,293 15 Total Points 100 Bonus Points, at the sole determination of the City, as a result 25 of performances by JCD Sports Group that exceeded contract Total Possible Points 125 0 12/17/2015, 9:10 AM 95 Delray Beach Golf Club FY 2015-2016 Performance Measures PROPOSED Delray Beach Golf Club FY 2014-2015 Performance Measures Points Available ACTUAL Conduct a customer satisfaction survey for golf operations and obtain 15 an overall average rating of 4.2 or better on a 1 to 5 scale. 15 Conduct a customer satisfaction survey for restaurant operations and 15 obtain an overall average rating of 4.2 or better on a 1 to 5 scale. Maintain a participation level of 2,850 in golf course sponsored 10 ro rams min 2,350 - max 2,850 15 Achieve a level of 60,375 rounds (min rounds 55,375 - max rounds 10 60,375 Achieve gross golf fees including Annual Permits of $1,609,940 (min 15 $1,484,940 - max $1,609,940 Achieve gross merchandise sales of $104,500 (min $79,500 - max 10 $104,500) 1 Achieve gross restaurant sales of $1,170,000 (min $1,070,000 - max 10 $1,170,000 Maintain budgeted operating expenses below $2,968,510. 15 Total Points 100 Bonus Points, at the sole determination of the City, as a result of 25 performances by JCD Sports Group that exceeded contract Total Possible Points 125 Points Actual Points Available Results Requested Conduct a customer satisfaction survey for golf operations and 15 4.2 15 obtain an overall average rating of 4.2 or better on a 1 to 5 scale. Conduct a customer satisfaction survey for restaurant operations 15 4.8 15 and obtain an overall average rating of 4.2 or better on a 1 to 5 scale. Maintain a participation level of 2,850 in golf course sponsored 10 2412* 1 ro rams min 2,350 - max 2,850 Achieve a level of 60,375 rounds (min rounds 55,375 - max rounds 10 $ 57,957 5 60,375 Achieve gross golf fees including Annual Permits of $1,607,310 (min 15 $ 1,567,040 10 $1,482,310 - max $1,607,310 Achieve gross merchandise sales of $104,500 (min $79,500 - max 10 $ 102,912 9 $104,500 Achieve gross restaurant sales of $1,119,420 (min $1,019,420 - max 10 $ 1,195,710 10 $1,119,420 Maintain budgeted operating expenses below $2,869,130. 15 $ 2,695,577 15 Total Points 100 Bonus Points, at the sole determination of the City, as a result of 25 performances by JCD Sports Group that exceeded contract :E Total Possible Points 125 80 *Driving range was closed for six weeks for renovations. 12/17/2015, 9:09 AM venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-055, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 HOUSING REHABILITATION GRANT AWARD FOR 516 NW 48TH AVENUE Recommended Action: By Motion, approve acquisitions of services from Built Solid Construction LLC., to allow "multiple Acquisitions from vendors exceeding $25,000 in any fiscal year; and further find that the acquisitions are in compliance with the Code of Ordinances Chapter 36, Section 36.03(8) Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year. Background: The City has been allocated $300,651 of State Housing Initiatives Partnership (SHIP) and $233,000 of Residential Construction Mitigation Program (RCMP) funds through the Florida Housing Finance Corporation and Florida Department of Emergency Management to provide for the renovation or repair as well as hurricane mitigation of existing substandard homes. The rehabilitation of homes addresses building and code violations, interior and exterior building, electrical and plumbing problems, health and safety issues, and the retrofit of special items for those with special needs. A Housing Rehabilitation Grant is being awarded to Built Solid Construction, LLC., or work being conducted at 516 NW 48th Avenue, as they are the lowest responsive bidder as detailed on the attached Bid/Quote Information Sheets. This item was bid according to Chapter 36, Section 36.02, "Methods of Acquisition" (A), (1) "Sealed Competitive Method." Approval is needed for acquisition of services by Built Solid Construction, LLC., in accordance with Code of Ordinances, Section 36.03 (B), as this purchase will result in multiple acquisitions for services in the current fiscal year and aggregately exceed $25,000. Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 16-055, Version: 1 and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: State Housing Initiatives Partnership Residential Mitigation Construction Program 118-1924-554-49.19 $ 20,895.70 118-1936-554-49.19 $ 15,000.00 Timing of Request: Grant agreement(s) have a deadline of June 30, 2016 and July 15, 2016 respectively to expend and request reimbursement of funds. City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by Legistar'"^ City of Delray Beach Neighborhood Services Division Housing Rehabilitaion Program Bid No. 2016-033 Posted 12/10/2015 Bid Opening Date 12/09/2015 Built Solid Con, LLC Leonard Graham, Inc. CJ Contracting, LLC Housing Rehabilitation Program $ 39,150.00 $ 39,657.00 $ 41,800.00 Bernard Bid Items 1 thru 18 Bid Guaranty Yes No Yes Posted 12/10/2015 Bid Opening Date 12/09/2015 CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: BID # 2016-033 SHIP RCMP BID/CONTRACT AMOUNT: APPLICANT: Lebien Bernard $ 15,000.00 5% Contingency $ PROJECT ADDRESS: 516 NW 48th Avenue 750.00 $ 20,107.50 DATE OF BID LETTERS: November 8, 2015 Lead Inspection - DATE OF BID OPENING: December 9, 2015 N/A N/A GENERAL CONTRACTORS N/A BID AMOUNT BID BOND Abisset Corporation $ $ N/A All Phase Roofing $ N/A AMR Properties Group $ $ - 19.10 Built Solid Construction, LLC $ $ 34,150.00 Yes Citywide Construction Services, Inc. $ - -769.10 CJ Contracting, LLC * $ 37,800.00 Yes Cordoba Construction Co. State Housing Initiatives Partnership $ - CSB Construction, Inc. 118-1924-554-49.19 $ JIJ Construction Corp. Residential Construction Mitigation Program $ Account # Ray Graeve & Sons Construction, Inc. $ South Florida Construction Services, Inc. $ SRJ Construction Corporation $ - Leonard Graham Inc. $ 35,625.00 No In -House Estimate: $ 27,687.70 RECOMMENDED CONTRACTOR: I Built Solid Construction, LLC Total Rehab Cost $ 35,895.70 COMMENTS: Staff recommends awarding to lowest responsive contractor. *RCMP program maximum is $15,000. Remaining allowable costs to be transferred to SHIP program. SHIP RCMP BID/CONTRACT AMOUNT: $ 19,150.00 $ 15,000.00 5% Contingency $ 957.50 $ 750.00 $ 20,107.50 $ 15,750.00 Lead Inspection - N/A Lead Clearance N/A N/A Termite Inspection N/A N/A Termite Treatment $ N/A Engineering Plans N/A N/A Recording Fees $ 19.10 19.10 GRANT CONTRACT AMOUNT $ 20,126.60 $ 15,769.10 769.10 -769.10 * 20,895.70 $ 15,000.00 FUNDING SOURCE: State Housing Initiatives Partnership (SHIP) Account # 118-1924-554-49.19 FUNDING SOURCE: Residential Construction Mitigation Program (RCMP) Account # 118-1936-554-49.19 Total Rehab Cost $ 35,895.70 COMMENTS: Staff recommends awarding to lowest responsive contractor. *RCMP program maximum is $15,000. Remaining allowable costs to be transferred to SHIP program. BID /QUOTE NUMBER: BID # 2016-033 OWNER: Lebien Bernard ADDRESS: 516 NW 48th Avenue BID ADVERTISEMENT DATE: November 8, 2015 BID OPENING DATE: December 9, 2015 1 Hurricane Clips $ 1,900.00 $ 2,500.00 $ 3,000.00 $ 2,100.00 2 Install New Roof RCMP $ 7,137.00 $ 7,500.00 $ 9,000.00 $ 7,600.00 3 Fascia&Soffit $ 418.75 $ 700.00 $ 2,000.00 $ 300.00 4 House Numbers $ 50.00 $ 50.00 $ 100.00 $ 50.00 5 Install Exterior Door $ 750.00 $ 800.00 $ 600.00 $ 700.00 6 Install Impact Glass Sliding Door $ 1,860.00 $ 2,500.00 $ 2,600.00 $ 2,100.00 7 Install Impact Windows RCMP $ 5,000.00 $ 7,500.00 $ 8,000.00 $ 8,000.00 8 Paint house Complete $ 2,126.75 $ 2,800.00 $ 1,900.00 $ 2,700.00 9 Replace gable end siding $ 1,264.00 $ 1,500.00 $ 600.00 $ 2,500.00 10 Pour Concrete Driveway $ 2,972.16 $ 5,000.00 $ 4,000.00 $ 4,032.00 11 install Condensate Pump $ 300.00 $ 600.00 $ 500.00 $ 500.00 12 Repair Drywall $ 571.20 $ 1,800.00 $ 500.00 $ 600.00 13 install Watert Heater $ 915.00 $ 850.00 $ 1,000.00 $ 800.00 14 replace Shower $ 2,300.00 $ 3,000.00 $ 4,500.00 $ 4,500.00 15 Smoke Dectors w/ Arc Fault $ 650.00 $ 700.00 $ 1,500.00 $ 1,000.00 16 Install Exhaust Fan $ 375.00 $ 250.00 $ 380.00 $ 375.00 17 Install Exterior Light Fixture $ 230.00 $ 200.00 $ 220.00 $ 300.00 18 Repair Eletrical $ 1,840.00 $ 900.00 $ 1,400.00 $ 1,500.00 19 Omit Line item 10 "Drivway" $ (2,972.16) $ (5,000.00) $ (4,000.00) $ (4,032.00) $ - $ - $ - $ - TOTAL $ 27,687.70 $ 34,150.00 $37,800.00 $35,625.00 No Bond CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP & RESIDENTIAL CONSTRUCTION MITIGATION HOUSING REHABILITATION PROGRAMS BETWEEN THE CITY OF DELRAY BEACH and Lebien Bernard BID # 2016-033 This is an Agreement ("Agreement"), made and entered into by and between: BUILT SOLID CONSTRUCTION LLC., hereinafter called the "Contractor" and LEBIEN BERNARD, hereinafter referred to as the "Owner(s)". WHOSE residence and project address is: 516 NW 48th Avenue Delray Beach, FL 33445 LEGAL DESCRIPTION: All of Lot 7, Block 6, PINE TRAIL SECTION TWO, according to the plat thereof, as recorded in Plat Book 32, Page 153, of the Public Records of Palm Beach County, Florida, less the following described Parcel of Land: Beginning at the Southwest corner of said Lot 7; thence run South 89 degrees 54' 30" East, a distance of 90.00 feet along the South line of said Lot 7, to a point of curvature of a curve concave to the Northwest, thence run Northeasterly 39.27 feet along the arc of said curve having for its elements a radius of 25 feet and a central angle of 90 degrees 00'00. To a point of reverse curvature of curve concave to the East; thence run Northeasterly 23.98 feet, along the arc of said curve, having for its elements a radius of 600 feet and a central angle of 2 degrees 17'24", to a point, thence run North 87 degrees 39'12" West, a distance of 113.46 feet to a point of Intersection with the Westernly time of said Lot 7; thence run South 2 degrees 20'48" West, a distance of 53.48 feet, along said Westernly line, to the POINT OF BEGINNING. P I D # Insert Parcel #12-42-46-12-08-006-0071 WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, between the Contractor and the Owner agree as follows: ARTH-1 F 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 11, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach Neighborhood Services Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Contractor's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. 2.3 The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTI(`.I F 'I TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by the Parties and shall end on . The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 All duties, obligations, and responsibilities of Contractor required by this Agreement shall be completed no later than . Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. The Contractor shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. ARTH-A F A COMPENSATION 4.1 City will pay Contractor, on behalf of the homeowner's approval for the program in the manner specified in Section 4.3, the total of Twenty Thousand Eight Hundred Ninety - Five Dollars and 70/100 Cents ($20,895.70) from the State Housing Initiatives Partnership Program and Fifteen Thousand Dollars and 00/100 Cents ($15,000.00) from the Residential Construction Mitigation Program for all reimbursables provided for in Section 4.2, which amounts shall be accepted by Contractor as full compensation for all such work and expenses. Contractor acknowledges that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 METHOD OF BILLING AND PAYMENT 4.2.1 Contractor may submit invoices for compensation only after the services for which the invoices are submitted have been completed. Partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. 4.2.2 City shall pay Contractor within thirty (30) calendar days of receipt of Contractor's proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. 4.2.3 Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the performance by the Contractor is unsatisfactory or unacceptable for any reason, the Contractor agrees to correct any deficiencies at no additional cost to the City. 4. The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. 4.4 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.5 Payment shall be made to Contractor at: Built Solid Construction LLC. 16822 Murcott Blvd. Loxahatchee, FL 33470 ARTICLE 5 INDEMNIFICATION Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. ARTICLE 6 INSURANCE 6.1 Contractor shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "B" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Contractor shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Contractor shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Contractor is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "B." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Contractor uses a subconsultant or subcontractor, Contractor shall ensure that each subconsultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the 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 created pursuant to Section 215.473, Florida Statutes, or if the Contractor provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Contractor shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Contractor shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 THE CONTRACT 8.1 The executed contract documents shall consist of the following: a. This Contract b. Lien Agreement * C. Signed Copy of Bid d. Memorandum of Understanding * e. Notice to Proceed * f. Payment Requests * g. Warranty Documents h. Lead Base Paint Receipt & Booklet (if required) i. Subordination Policy (if required) * pertaining to contractor signature requirement ARTIr`.I F Q LEAD BASED PAINT 9.1 In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTIrl F in NON-DISCRIMINATION 10.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Contractor shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Contractor all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTH-1 F 11 MISCELLANEOUS 11.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Contractor grants to City a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until all documents are received as provided herein. 11.2 PUBLIC RECORDS City is a public agency subject to Chapter 119, Fla. Stat. Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Purchaser agrees to: 11.2.1 Keep and maintain all records that ordinarily and necessarily would be required by the City. 11.2.2 Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 11.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 11.2.4 Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Contractor. 11.2.5 If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 11.3 INSPECTOR GENERAL. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its sub licensees and lower tier sub licensees. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 11.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Contractor and its subcontractors that are related to this Project. Contractor and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall ensure that the requirements of this Section 11.3 are included in all agreements with its subcontractor(s). 11.5 TRUTH -IN -NEGOTIATION REPRESENTATION Contractor's compensation under this Agreement is based upon representations supplied to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 11.6 PUBLIC ENTITY CRIME ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 11.7 INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. 11.8 THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 11.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 For Contractor: Built Solid Construction LLC. 16822 Murcott Blvd. Loxahatchee, FL 33470 11.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 11.11 CONFLICTS Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. 11.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 11.13 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 11.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 11.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 11.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 11.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 11.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 11.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. 11.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 11.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 11.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. The attached Exhibits A and B are incorporated into and made a part of this Agreement. 11.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 11.24 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 11.25 DISPUTE RESOLUTION All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: HOMEOWNER and CONTRACTOR, also ATTESTED BY CITY REPRESENTATIVE signing by and through its duly authorized to execute same. OWNER OWNER ATTEST: CITY REPRESENTATIVE CONTRACTOR SIGNATURE By CONTRACTOR FIRM NAME day of , 20 (SEAL) EXHIBIT A SCOPE OF SERVICES AS NOTED IN SECTION 7: ATTACHMENT B EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Contractor shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243- 7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. General liability insurance with a minimum limit of $500,000 per occurrence and $1,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. C. Motor Vehicle Liability Insurance covering all vehicles associated with Contractor operations to include all owned, non -owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $500,000.00 combined single limit per each occurrence. D. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non -renewal or cancellation. Contractor shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, upon execution of the agreement. If any of the above coverages expire during the term of this Agreement, Contractor will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1St Avenue, Delray Beach, Florida 33444 with copies to Assistant City Manager and Neighborhood Services Division 100 N.W. 1St Avenue, Delray Beach, FL 33444 Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1st Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) HOUSING REHABILITATION AGREEMENT APPLICANTIOWNER: Lebien Bernard ADDRESS: 516 NW 48th Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: All of Lot 7, Block 6, PINE TRAIL SECTION TWO, according to the plat thereof, as recorded in Plat Book 32, Page 153, of the Public Records of Palm Beach County, Florida, less the following described Parcel of Land: Beginning at the Southwest corner of said Lot 7; thence run South 89 degrees 54' 30" East, a distance of 90.00 feet along the South line of said Lot 7, to a point of curvature of a curve concave to the Northwest, thence run Northeasterly 39.27 feet along the arc of said curve having for its elements a radius of 25 feet and a central angle of 90 degrees 00'00. To a point of reverse curvature of curve concave to the East; thence run Northeasterly 23.98 feet, along the arc of said curve, having for its elements a radius of 600 feet and a central angle of 2 degrees 17'24", to a point, thence run North 87 degrees 39'12" West, a distance of 113.46 feet to a point of Intersection with the Westernly time of said Lot 7; thence run South 2 degrees 20'48" West, a distance of 53.48 feet, along said Westernly line, to the POINT OF BEGINNING. P I D # 12-42-46-12-08-006-0071 CASE NO: 13-473 I do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division State Housing Initiatives Partnership Program (SHIP) to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting, supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign -off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2031. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1s` Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) HOUSING REHABILITATION AGREEMENT I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of $20,000 to $37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Twenty Thousand Eight Hundred Ninety -Five Dollars and 701100 Cents ($20,895.70) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Date Owner Co -Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20 by personally known to me or produced identification. (SEAL) Signature of Notary 2 who is Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1st Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION AGREEMENT APPLICANTIOWNER: Lebien Bernard ADDRESS: 516 NW 48th Avenue Delray Beach, FL 33445 LEGAL DESCRIPTION: All of Lot 7, Block 6, PINE TRAIL SECTION TWO, according to the plat thereof, as recorded in Plat Book 32, Page 153, of the Public Records of Palm Beach County, Florida, less the following described Parcel of Land: Beginning at the Southwest corner of said Lot 7; thence run South 89 degrees 54' 30" East, a distance of 90.00 feet along the South line of said Lot 7, to a point of curvature of a curve concave to the Northwest, thence run Northeasterly 39.27 feet along the arc of said curve having for its elements a radius of 25 feet and a central angle of 90 degrees 00'00. To a point of reverse curvature of curve concave to the East; thence run Northeasterly 23.98 feet, along the arc of said curve, having for its elements a radius of 600 feet and a central angle of 2 degrees 17'24", to a point, thence run North 87 degrees 39'12" West, a distance of 113.46 feet to a point of Intersection with the Westernly time of said Lot 7; thence run South 2 degrees 20'48" West, a distance of 53.48 feet, along said Westernly line, to the POINT OF BEGINNING. P I D # 12-42-46-12-08-006-0071 CASE NO: 13-473 I do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division Residential Construction Mitigation Program to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting, supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign -off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for ten (10) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2026. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1s` Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION AGREEMENT I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of $20,000 to $37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of: Fifteen Thousand Dollars and 101100 Cents ($15,000.00) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Co -Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20_ by who is personally known to me or produced as identification. (SEAL) Signature of Notary 2 MEMORANDUM OF UNDERSTANDING TO: Lebien Bernard FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: State Housing Initiatives Partnership and Residential Construction Mitigation Program Housing Rehabilitation Forgivable Loan Award According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities that are approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of $35,895.70 for hurricane retrofitting of your home. All contractor draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. NOTICE TO PROCEED APPLICATION NO: 13-473 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 516 NW 48th Avenue Delray Beach, FL 33445 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Manager, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of The notice establishes that the work be completed within sixty (60) days of Issuance of permit. Please acknowledge receipt of this Notice to Proceed as provided below and return the original signed copy to the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the completion date within sixty (60) days after issuance of permit approval: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name 00 st nue City of Delray Beach 1lrayBe Beach, 34 Delray Beach, FL 33444 Legislation Text File M 16-115, Version: 1 City of Delray Beach Page 1 of 1 Printed on 1/14/2016 powered by LegistarTM WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the richness of our dynamic, multicultural society. They embody our Nation's core values, including devotion to family, commitment to hard work and pride in their heritage, and have added to every aspect of our national life; and WHEREAS, we must bear witness to the progress, richness, and diversity of African American achievement; and WHEREAS, the preservation and conservation of African American heritage and culture are important to our history; and WHEREAS, an observance of African American achievement has been recognized since 1926; and WHEREAS, it is important that we share this celebration of the human spirit as demonstrated by the traditions and legacies of our African American citizens. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of February, 2016 as: BLACKHISTORYMONTH and encourage all of our residents to join in this recognition of the accomplishments and contributions made to our community and country by African Americans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of January, 2016. CARY D. GLICKSTEIN MAYOR venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-090, Version: 1 TO: Mayor and Commissioners FROM: Steven Chapman, Interim Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 BID AWARD TO MULTIPLE VENDORS FOR SAFETY SHOES FOR CITY EMPLOYEES (BID 2016- 030) Recommended Action: Motion to award Bid 2016-030 for the purchase of safety shoes to the following vendors: Global Trading, Inc. for the lowest bid and as the primary vendor in an amount not to exceed $27,000. Coonerty's Sole Mate D/B/A Red Wing Shoes as a secondary vendor in an amount not to exceed $5,000. Background: On December 1, 2015, the City solicited bids to secure a source for purchase of safety shoes for City employees. Vendors had to be able to provide a mobile unit to serve various parts of the City, as well as provide a local representative to facilitate the purchasing process. Global Trading, Inc. submitted the lowest prices of the two submittals at a total of $2,054.71 for 22 specified shoes. Coonerty's Sole Mate D/B/A Red Wing Shoes submitted a total of $2,287.78 for 22 specified shoes. The City is estimated to purchase 200 pairs of shoes per year. Both vendors meet the City's criteria to supply a mobile unit and local representative. This bid award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method." City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from multiple accounts. City of Delray Beach Page 1 of 1 Printed on 1/14/2016 powered by Legistar'"^ Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above ✓ (1) Competitive Bid ✓ Lowest Responsive Bid (2) RFP (2) RFP Selection Committee Recommendation (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.09 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A\ $25,000 and above 4 S i lit G d ❑ 36.03(B) Multiple acquisitions $25,000 and above ( ) pec a y o0 (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes() No Proposed Two year agreement with two Contract Term: additional one year renewal periods Comments and Notes: Effective Date: Bid Award 2016-030 Safety Shoes - Multiple Vendors. 2016-030 Safety Shoes Tabulation Sheet Item Vendor # Brand Style Description Gender Size(s) Width(s) Discount Price Difference ST, EH Full grain leather, light weight direct 1 Red Wing 83608 attach Mens 7-15 M 103.99 25.59 ST, EH Full grain leather, light weight direct 21 Red Wing 83608 attach Mens 8-14 W2 103.99 25.59 ST, EH Full grain leather, light weight direct 3 Red Wing 5266 attach Mens 7-15 M 115.99 37.59 ST, EH Full grain leather, light weight direct 4 Red Wing 5266 attach Mens 8-14 W2 115.99 37.59 ST, EH, all leather, oblique toe, welt 5 Red Wing 83624 construction Mens 7-14 M 123.99 13.59 ST, EH, all leather, oblique toe, welt 6 Red Wing 83624 construction Mens 7-14 W 123.99 13.59 ST, EH, all leather, oblique toe, welt 7 Red Wing 5605 construction Mens 8-13 W2 111.99 1.59 ST, EH, 6" full grain leather, oblique toe, 8 Red Wing 83626 direct attach welt Mens 7-14 M 123.99 47.99 v 0 ST, EH, 6" full grain leather, oblique toe, 9 Red Wing 83626 direct attach welt Mens 8-13 W2 123.99 47.99 ST, EH, 6" full grain leather, oblique toe, 0 10 Red Wing 83604 direct attach welt construction Mens 7-14 M 123.99 17.04 QST, EH, 6" full grain leather, oblique toe, CO 11 Red Wing 83604 direct attach welt construction Mens 8-13 W2 123.99 17.04 ST, EH, 6" all leather, Goodyear welt 0 12 Red Wing 5335 construction Mens 7-14 M 91.99 -16.51 v ST, EH, 6" all leather, Goodyear welt L0 13 Red Wing 5335 construction Mens 8-13 W2 91.99 -1&51 >. 4-1 ST, EH Brown nubuck w/ nylon panels, a, 14 Red Wing 5169 cement construction Womens 6-11 M 103.99 18.75 c 0 ST, EH Brown nubuck w/ nylon panels, 0 15 Red Wing 5169 cement construction Womens 6-10 W 103.99 18.75 ST, EH, 6" all leather, Goodyear welt 16 Red Wing 5345 construction Womens 6-11 M 91.99 -4.89 2016-030 Safety Shoes Tabulation Sheet ST, EH, 6" all leather, Goodyear welt 17 Red Wing 5345 construction Womens 6-10 W 91.99 -4.89 ST, EH, Black leather w/ nylon panels, side 18 Red Wing 5553 zipper Womens 4-15 M 95.99 -6 ST, EH, Black leather w/ nylon panels, side 191 Red Wing 5553 zipper Womens 4-15 W 95.99 -6 ST, EH, Black leather w/ nylon panels, side 20 Red Wing 5553 zipper Womens 7-15 W2 95.99 -6 21 Red Wing 6513 1 NT, EH, 6" all leather, cement construction Womens 4-16 Im 63.99 -14.41 22 Red Wing 6513 NT, EH, 6" all leather, cement construction Womens 8-12 IW2 63.99 -14 . 4 1 TOTAL 2287.78 233.07 ST, EH Full grain leather, light weight direct 1 IronAge IA5002 attach Mens 7-15 M 78.4 ST, EH Full grain leather, light weight direct 2 IronAge IA5002 attach Mens 8-14 W 78.4 ST, EH Full grain leather, light weight direct 3 IronAge IA5007 attach Mens 7-15 Im 78.4 ST, EH Full grain leather, light weight direct 41ronAge IA5007 attach Mens 8-14 W 78.4 ST, EH, all leather, oblique toe, welt 51 IronAge IA0160 construction Mens 7-14 M 110.4 ST, EH, all leather, oblique toe, welt 6 IronAge IA0160 Iconstruction Mens 7-14 W 110.4 ST, EH, all leather, oblique toe, welt 71ronAge IA0160 construction Mens 8-13 W 110.4 ST, EH, 6" full grain leather, oblique toe, 8 IronAge K5025 direct attach welt Mens 7-14 Im 76 ST, EH, 6" full grain leather, oblique toe, 9 IronAge K5025 direct attach welt Mens 8-13 W 76 ST, EH, 6" full grain leather, oblique toe, 10 IronAge IA0160 direct attach welt construction Mens 7-14 M 106.95 2016-030 Safety Shoes Tabulation Sheet C ST, EH, 6" full grain leather, oblique toe, 11 IronAge IA0160 direct attach welt construction Mens 8-13 W 106.95 ST, EH, 6" all leather, Goodyear welt ~ 7612 Wolverine W04421 construction Mens 7-14 M 108.5 o ST, EH, 6" all leather, Goodyear welt 13 Wolverine W04421 construction Mens 8-13 W 108.5 ST, EH Brown nubuck w/ nylon panels, 14 Rocky RKK0138 cement construction Womens 6-11 M 85.24 ST, EH Brown nubuck w/ nylon panels, 15 Rocky RKK0138 cement construction Womens 6-10 W 85.24 ST, EH, 6" all leather, Goodyear welt 16 Wolverine W10181 construction Womens 6-11 M 96.88 ST, EH, 6" all leather, Goodyear welt 17 Wolverine W10181 construction Womens 6-10 W 96.88 ST, EH, Black leather w/ nylon panels, side 18 Rocky 6173 zipper Womens 4-15 M 101.99 ST, EH, Black leather w/ nylon panels, side 19 Rocky 6173 Izipper Womens 4-15 W 101.99 ST, EH, Black leather w/ nylon panels, side 20 Rocky 6173 zipper Womens 7-15 W 101.99 21 IronAge IA5007 NT, EH, 6" all leather, cement construction Womens 4-16 M 78.4 22 IronAge IA5007 I NT, EH, 6" all leather, cement construction lWomens 8-12 1W 1 78.4 TOTAL 1 2054.71 City of Delray Beach INC. CITY OF DELRAY BEACH 100 NW T' AVENUE, DELRAY BEACH, FL 33444 Safety Shoes Dec 22, 2015 2:00:00 PM EST MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA - AL JACQUET - JORDANAJARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦ (561) 243-7161 ♦ purchasing@mydelraybeach.com 2016-030 12/28/2015 BidSync P. 1 City of Delray Beach Supplier; GLOBAL TRADING, INC. CITY OF DELRAY BEACH INVITATION TO BID 2016-030 Title: I Safety Shoes Vendor Name: Addenda Enclosed thru Submission Deadline: Dec 22, 2015 / 2:00:00 PM EST Submissions Accepted Via: Electronic, Mail, or in Person Submit Paper Copies to: City of Delray Beach Time Stamped In: City of Delray Beach Purchasing Division 100 NW 1St Avenue Delray Beach, FL 33444 2016-030 12/28/2015 BiclSync p. 2 City of Delray Beach City of Delray Beach Instructions for Bidders BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync - www.bidsync.com DemandStar - www.demandstar.com Request via email purchasing@mydelraybeach.com City of Delray Beach - Hard copies are available at City Hall These are the only forms of notification authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. REQUIRED INFORMATION: The City bid packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non-responsive. Vendors may be required to complete and supply all information contained in the "supplemental information" portion of the packet at a date after bid opening. Failure to complete "supplemental information" requirements in a timely manner, prior to council award, may be used by the City in determining a vendor's responsibility. CORRESPONDENCE: The number of this bid packet must appear on all correspondence, or inquiries, pertaining to this bid. PREPARATION COST: The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any solicitation. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. ADDENDA: Any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Delray Beach Purchasing Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the "specification" or "bid form", bidders shall acknowledge receipt of all addenda or they may be declared non-responsive. SAMPLES: Any catalog, brand names, or manufacturer's reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. PRICING: bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document. BILLING INSTRUCTIONS - AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. ERROR•QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. 2016-030 12/28/2015 BidSync p. 3 City of Delray Beach WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, vendor expressly guarantees and warrants as follows: a. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. b. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor's own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. c. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations. d. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage -free shipment and storage. F.O.B./DAMAGE: Items shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Delray Beach assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. PAYMENT TERMS: Payment terms are net 45 unless otherwise specified by the City in the bid packet. ELECTRONIC BIDS: Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this Solicitation document. It is the sole responsibility of the Bidder/Proposer to ensure their bid reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a bid in response to a City of Delray Beach solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. PRESENTATION OF BIDS - PAPER SUBMISSION: Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office, 100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposer's name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). ALTERING BIDS - PAPER SUBMISSION: Bid prices cannot be altered or amended after submission deadline. Any inter -lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. LATE BIDS - PAPER SUBMISSION: Bid packets received in the purchasing division after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Delray Beach is not responsible for the lateness of mail carrier, weather conditions, etc. WITHDRAWAL OF BIDS: Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City. BID OPENINGS: All bids submitted will be read at the City's scheduled bid opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination 2016-030 12/28/2015 BidSync p. 4 City of Delray Beach as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Delray Beach purchasing guidelines, and project documents, including but not limited to the bid specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time. MINOR DEFECT: the City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award. EVALUATION: Bids will be evaluated as outlined in the bid document. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. SPLIT AWARD: the City reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The City reserves the right to take into consideration contract administration costs for multiple award contracts when determining low bid. DEFINITION: Bid shall mean a bid, proposal, or quotation. 2016-030 12/28/2015 BidSync P. 5 City of Delray Beach CITY OF DELRAY BEACH GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Delray Beach Purchasing Department. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB), Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. PART I CONDITIONS: 1.1 PUBLIC ENTITY CRIMES: Pursuant to F.S. 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. 1.2 SCRUTINIZED COMPANIES: This Section applies to any contract for goods or services of $1 million or more. The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate a contract at the City's option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 1.3 DEBARRED OR SUSPENDED PROPOSERS: The Proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. 1.4 LOBBYING ACTIVITIES: All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2- 351 of the Palm Beach County Code of Ordinances) applies to the City and this solicitation. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 1.5 COMPLIANCE WITH LAWS: Proposer shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant any order. 1.6 NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted under this solicitation. 1.7 PUBLIC RECORDS: Proposer shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Proposer agrees to: (a) Keep and maintain all records that ordinarily and necessarily would be required by the City. (b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Proposer at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Proposer. (e) If Proposer does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's 2016-030 12/28/2015 BidSync p. 6 City of Delray Beach determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 1.8 INSPECTOR GENERAL: Proposer is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of purchases and contracts, and may demand and obtain records and testimony from Proposer and its sub licensees and lower tier sub licensees. Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Proposer or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of any order. 1.9 CONE OF SILENCE: Proposer's are advised that a Cone of Silence is in effect at the time of submission. The Cone of Silence prohibits any communications, except written correspondence, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract or Bid, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting bids. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." 1.10 LOCAL PREFERENCE: In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive proposer. 1.11 LITIGATION VENUE: The Proposers waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Palm Beach County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 1.12 INDEMNITY/HOLD HARMLESS AGREEMENT: Proposer shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Proposer shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of any order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Proposer under any order may be retained by City until all of City's claims for indemnification pursuant to any order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. Part II DEFINITIONS/ORDER OF PRECEDENCE; 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS (RFP) when the City is requesting proposals from qualified Proposers. BID — a price and terms quote received in response to an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER — A person who has the capability in all respects to perform in full the contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. PROPOSER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. CONTRACT — A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. 2016-030 12/28/2015 BidSync p. 7 City of Delray Beach CONSULTANT — Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and/or RFP; Bid or Proposal; Bidder, Proposer, or Proposer; Contractor or Consultant; Contract, Award, Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this solicitation that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Bids will be publicly opened in the Purchasing Department Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.05 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.06 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Purchasing Department immediately. Such notification must be received by the Purchasing Department prior to the deadline contained in the ITB, for questions of a material nature, or prior to the deadline for questions. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.07 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Delray Beach encourages 2016-030 12/28/2015 BidSync p. 8 City of Delray Beach Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Purchasing Officer reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.16 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.17 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.18 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE CHIEF PURCHASING OFFICER, BY DELIVERING A LETTER OF PROTEST TO THE CHIEF PURCHASING OFFICER WITHIN THREE BUSINESS (3) DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED. Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of twenty thousand dollars ($20,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Delray Beach, Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by 2016-030 12/28/2015 BidSync P. 9 City of Delray Beach a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of an Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Purchasing Department original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS; 5.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 5.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Delray Beach purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 5.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 5.05 TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 5.06 PAYABLE INTEREST: Payment of Interest. The City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Bidder waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to the bid. Rate of Interest. In any instance where the prohibition or limitations herein are determined to be invalid or unenforceable, the annual rate of interest payable by the City, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 5.07 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 5.08 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 5.09 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. 2016-030 12/28/2015 BidSync P. 10 City of Delray Beach By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared, by the City as conditional. 5.10 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Proposer until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.11 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of any order must be accompanied by a completed Safety Data Sheet (SDS). 5.12 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.13 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.14 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.15 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.16 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.17 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.18 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.19 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract for the duration of the contract and for three years after the final payment any agreement as a result of the bid, or until all pending audits, investigations or litigation matters relating to the contract are closed, whichever is later. The Contractor agrees to make available to the City or designee, during normal business hours all books of account, reports and records relating to any agreement as a result of this bid. 5.20 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.21 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. 2016-030 12/28/2015 BidSync P. 11 City of Delray Beach 5.22 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.23 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. 5.24 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.25 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. 2016-030 12/28/2015 BidSync p. 12 City of Delray Beach Other Terms 1. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Proposers are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence prohibits any communications, except written correspondence, regarding this Bid, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this Bid, or any member of the Selection Committee. Failure to adhere to the Cone of Silence provisions is cause for rejection of a bid. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: "a. 'Cone of silence' means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. b. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. C. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal 2016-030 12/28/2015 BidSync p. 13 City of Delray Beach ordinance as applicable. f. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable." CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest in the bidder's firm or any of its' branches. 3. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1St Ave Delray Beach, FL 33444 2016-030 12/28/2015 BiclSync p. 14 City of Delray Beach 4. ANTI -COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 5. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 6. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 2016-030 12/28/2015 BidSync p. 15 City of Delray Beach City of Delray Beach Purchase Order Terms and Conditions 1. ACCEPTANCE: This order is for the purchase of goods ("the Goods"). The Buyer's offer to the Seller and the Seller's acknowledgement to the Buyer shall constitute Seller's acceptance of such order including all of the terms and conditions herein set out. In the absence of such acknowledgement, commencement of delivery of the Goods and acceptance of such deliveries by Buyer shall constitute a firm contract on the terms and conditions hereof. This order is subject to the following terms and conditions and no others unless there is a signed agreement between the parties providing otherwise. 2. WARRANTY -PRODUCT: The Seller expressly warrants that the Goods shall be merchantable within the meaning of Article 2-314(2) of the Uniform Commercial Code as provided by Florida Law and in effect on the date of this order. In addition to all warranties which may be prescribed by law, the Goods shall conform to specifications, drawing, and description and shall be free from defects in materials and workmanship. Seller also warrants that to the extent the Goods are not manufactured pursuant to detailed designs furnished by Buyer they will be free from defects in design. Such warranties, including warranties prescribed by law shall run to Buyer, its successor, assigns, and customers, and to users of the Goods for a period of one (1) year after delivery unless otherwise stated. 3. INDEMNITY: Seller shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend Buyer, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Seller, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against Buyer by reason of any such claim, cause of action, or demand, Seller shall, upon written notice from Buyer, resist and defend such lawsuit or proceeding by counsel satisfactory to Buyer or, at Buyer's option, pay for an attorney selected by the City Attorney to defend Buyer. The obligations of this section shall survive the expiration or earlier termination of this order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Seller under this order may be retained by Buyer until all of Buyer's claims for indemnification pursuant to this order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the Buyer. 4. INSURANCE: Seller shall procure and maintain liability insurance, including contractual liability coverage, with minimum limits of $300,000 combined single limits to be effective during period of warranty with such higher limits as Buyer shall reasonably request of Seller. Seller shall furnish to Buyer upon request a Certificate of Insurance evidencing the foregoing coverage and limits. 5. COMPLIANCE WITH LAWS: Seller shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this order. 6. LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This order shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Order, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Order shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its 2016-030 12/28/2015 BidSync p. 16 City of Delray Beach residency or other jurisdictional device. BY ACCEPTING THIS ORDER, SELLER AND BUYER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS ORDER. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS ORDER AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 7. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this order and that each is, therefore, a material term hereof. Buyer's failure to enforce any provision of this order shall not be deemed a waiver of such provision or modification of this order. A waiver of any breach of a provision of this order shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this order. 8. ALLOCATION OF RISK: This risk for any damage to or destruction of the goods shall be borne by the Seller at all times until delivery to the control of the Buyer, which shall be the point at which the Buyer actually receives the goods for use and has accepted such. 9. REPAIRS - NON ACCEPTANCE: If any of the goods are delivered in a defective or non- working condition, efforts of the Buyer to correct such defect shall not constitute an acceptance where commercially reasonable in extent and cost, so that the Buyer may still reject the goods where the attempt to repair has proved unsuccessful. 10. PLACE OF DELIVERY: The goods shall be delivered to the City of Delray Beach, Florida, at address stated on the order. 11. INSPECTION GOODS: The Buyer shall have the right to inspect all goods before accepting delivery or making payment therefore. If rejected, the goods will be returned at Seller's risk, and all handling and transportation expenses, both ways, will be borne by and assumed by Seller. When material has been rejected by Buyer and returned for replacement, it is essential that Seller receive new shipping instructions from Buyer before making the replacement. Inspection and approval for acceptance shall be made by the appropriate user department. The expense of inspection shall be borne by the Buyer except as to goods which are properly rejected as non -conforming. Inspection shall be made within fourteen (14) calendar days of the delivery of goods. 12. NOTICE OF DEFECTS: It is expressly agreed that all claims for alleged damages or defective goods, shortage, or other cause shall be deemed waived unless made in writing and sent by Buyer within twenty (20) calendar days after Buyer learns of the alleged defect, damage, shortage, or other cause giving rise to the claim. However, any defects incapable of discovery shall not be deemed waived by the provisions herein, and this provision shall not be deemed a waiver of any warranties set forth herein or in any modification of this Order. 13. FITNESS FOR PARTICULAR PURPOSE: Buyer makes no warranties except as set forth herein provided that notwithstanding any other provisions to the contrary herein, Buyer may have sought the expertise of Seller with respect to the use of such goods. In that event, Seller hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose, a reliance by Buyer upon the expertise of Seller with respect to the use of the goods, or any other similar such request or reliance shall constitute a modification to the terms of this Order which shall effect a warranty of fitness for a particular purpose. 14. TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 15. INDEPENDENT CONTRACTOR: Seller is an independent contractor under this Order. Services provided by Seller pursuant to this Order shall be subject to the supervision of Seller. In providing such services, neither Seller nor its agents shall act as officers, employees, or agents of Buyer. No partnership, joint venture, or other joint relationship is created hereby. Buyer does not extend to Seller or Seller's agents any authority of any kind 2016-030 12/28/2015 BiclSync p. 17 City of Delray Beach to bind Buyer in any respect whatsoever. 16. PUBLIC ENTITY CRIME ACT: Seller represents that the acceptance of this order will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to Buyer, may not submit a bid on a contract with Buyer for the construction or repair of a public building or public work, may not submit bids on leases of real property to Buyer, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Buyer, and may not transact any business with Buyer in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this order and recovery of all monies paid by Buyer pursuant to this Order, and may result in debarment from Buyer's competitive procurement activities. In addition to the foregoing, Seller further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Seller has been placed on the convicted vendor list. 17. THIRD PARTY BENEFICIARIES: Neither Seller nor Buyer intends to directly or substantially benefit a third party by this Order. Therefore, the parties agree that there are no third party beneficiaries to this Order and that no third party shall be entitled to assert a right or claim against either of them based upon this Order. 18. ASSIGNMENT AND PERFORMANCE: Neither this Order nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. Buyer may terminate this Order, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Seller of this Order or any right or interest herein without Buyer's written consent. Seller shall perform its duties, obligations, and services under this Order in a skillful and respectable manner. The quality of Seller's performance and all interim and final product(s) provided to or on behalf of Buyer shall be comparable to the best local and national standards. 19. SEVERANCE: In the event a portion of this Order is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless Buyer or Seller elects to terminate this Order. An election to terminate this Order based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 20. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Order and executed by the Buyer and Seller or others delegated authority to or otherwise authorized to execute same on their behalf. 21. PRIOR ORDERS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Order that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 22. PAYABLE INTEREST: Payment of Interest. Buyer shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Seller waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Order. Rate of Interest. In any instance where the prohibition or limitations of this Section are determined to be invalid or unenforceable, the annual rate of interest payable by Buyer under this Order, whether as prejudgment interest or for any other purpose, shall be .025 percent simple 2016-030 12/28/2015 BidSync p. 18 City of Delray Beach interest (uncompounded). 23. PUBLIC RECORDS: Seller shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Seller agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the Buyer. b. Provide the public with access to public records on the same terms and conditions that the Buyer would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Buyer all records in possession of the Seller at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Buyer in a format that is compatible with the information technology systems of the Buyer. All records shall be transferred to the Buyer prior to final payment being made to the Seller. e. If Seller does not comply with this section, the Buyer shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 24. INSPECTOR GENERAL: Seller is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Seller and its sub licensees and lower tier sub licensees. Seller understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Seller or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the Buyer to be a material breach of this Order. 2016-030 12/28/2015 BidSync P. 19 City of Delray Beach Supplier; GLOBAL TRADING, INC. Proposal Submittal Signature Page By signing this Proposal/Bid, the Proposer/Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Global Trading, Inc. Firm Name Viraj Wikramanayake Signature Viraj Wikramanayake, President Name and Title Dec 18, 2015 Date Global Trading, Inc. 7262 NW 33 street, Miami, FI. 33122 305-471-4455 305.471-5537 viraj@gtim.com 650300267 By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THE EXECUTION OF THIS CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL/BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL/BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL/BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL/BID. 2016-030 12/28/2015 BiclSync p. 20 City of Delray Beach Conflict of Interest Disclosure Form The award of this RFP/Bid is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Proposers/Bidders must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers/Bidders must disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest in the Proposers/Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this RFP/Bid. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: R To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. ❑ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Global Trading, Inc. Firm Name Viraj Wikramanayake Signature Viraj Wikramanayake, President Name and Title Dec 18, 2015 Date 2016-030 12/28/2015 BidSync p. 21 City of Delray Beach Drug -Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Global Trading, Inc. Firm Name Viraj Wikramanayake Signature Viraj Wikramanayake, President Name and Title Dec 18, 2015 Date 2016-030 12/28/2015 BidSync p. 22 City of Delray Beach Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub - Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Global Trading, Inc. Firm Name Viraj Wikramanayake Signature Viraj Wikramanayake, President Name and Title Dec 18, 2015 Date 2016-030 12/28/2015 BidSync p. 23 City of Delray Beach Supplier: GLOBAL TRADING, INC. Acknowledgment of Addenda 2016-030 The Proposer/Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP/Bid. The Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF TITLE OF SIGNATURE OF NUMBER RECEIVED AGENT AGENT AGENT VIRAJ VIRAJ 1 12/10/2015 PRESIDENT WIKRAMANAYAKE WIKRAMANAYAKE 12/28/2015 BidSync p. 24 Safety Shoes Pricing Discount % Shall be Based Off Vendor's List Price All Brands and Styles Shall Comply with Specifications Listed in Bid Document DO NOT LIMIT YOUR SUBMITTAL TO THE SPECIFIED DESCRIPTIONS. ALL BRANDS AND STYLES OFFERED SHALL BE SUBMITTED. IF UNABLE TO PROVIDE SPECIFIED BRAND AND STYLES LISTED, USE THE PROVIDED SHADED BOXES TO SPECIFY COMPARABLE OPTIONS. Item # Brand Style Description Gender Size(s) Width(s) List Price Discount % Discount Price ST, EH Full grain leather, light weight 1 Red Wing 5226 direct attach Mens 7-15 M ST, EH Full grain leather, light weight IronAge IA5002 direct attach Mens 7-15 M 98.00 20.00% 78.40 ST, EH Full grain leather, light weight 2 Red Wing 5226 direct attach Mens 8-14 W2 ST, EH Full grain leather, light weight IronAge IA5002 direct attach Mens 8-14 W 98.00 20.00% 78.40 ST, EH Full grain leather, light weight 3 Red Wing 5227 direct attach Mens 7-15 M ST, EH Full grain leather, light weight IronAge IA5007 direct attach Mens 7-15 M 98.00 20.00% 78.40 ST, EH Full grain leather, light weight 4 Red Wing 5227 direct attach Mens 8-14 W2 ST, EH Full grain leather, light weight IronAge IA5007 direct attach Mens 8-14 W 98.00 20.00% 78.40 ST, EH, all leather, oblique toe, welt 5 Red Wing 5525 construction Mens 7-14 M ST, EH, all leather, oblique toe, welt IronAge IA0160 construction Mens 7-14 M 138.00 20.00% 110.40 ST, EH, all leather, oblique toe, welt 6 Red Wing 5525 construction Mens 7-14 W ST, EH, all leather, oblique toe, welt IronAge IA0160 construction Mens 7-14 W 138.00 20.00% 110.40 ST, EH, all leather, oblique toe, welt 7 Red Wing 5525 construction Mens 8-13 W2 ST, EH, all leather, oblique toe, welt IronAge IA0160 construction Mens 8-13 W 138.00 20.00% 110.40 ST, EH, 6" full grain leather, oblique 8 Red Wing 5529 toe, direct attach welt Mens 7-14 M ST, EH, 6" full grain leather, oblique IronAge K5025 toe, direct attach welt Mens 7-14 M 95.00 20.00% 76.00 ST, EH, 6" full grain leather, oblique 9 Red Wing 5529 toe, direct attach welt Mens 8-13 W2 ST, EH, 6" full grain leather, oblique IronAge K5025 toe, direct attach welt Mens 8-13 W 95.00 20.00% 76.00 ST, EH, 6" full grain leather, oblique 10 Red Wing 5660 toe, direct attach welt construction Mens 7-14 M ST, EH, 6" full grain leather, oblique IronAge IA0160 toe, direct attach welt construction Mens 7-14 M 138.00 22.50% 106.95 ST, EH, 6" full grain leather, oblique 11 Red Wing 5660 toe, direct attach welt construction Mens 8-13 W2 ST, EH, 6" full grain leather, oblique IronAge IA0160 toe, direct attach welt construction Mens 8-13 W 138.00 22.50% 106.95 ST, EH, 6" all leather, Goodyear welt 12 Red Wing 5335 construction Mens 7-14 M ST, EH, 6" all leather, Goodyear welt Wolverine W04421 construction Mens 7-14 M 140.00 22.50% 108.50 ST, EH, 6" all leather, Goodyear welt 13 Red Wing 5335 construction Mens 8-13 W2 ST, EH, 6" all leather, Goodyear welt Wolverine W04421 construction Mens 8-13 W 140.00 22.50% 108.50 ST, EH Brown nubuck w/ nylon 14 Red Wing 5175 panels, cement construction Womens 6-11 M ST, EH Brown nubuck w/ nylon Rocky RKK0138 panels, cement construction Womens 6-11 M 109.99 22.50% 85.24 ST, EH Brown nubuck w/ nylon 15 Red Wing 5175 panels, cement construction Womens 6-10 W ST, EH Brown nubuck w/ nylon Rocky RKK0138 panels, cement construction Womens 6-10 W 109.99 22.50% 85.24 ST, EH, 6" all leather, Goodyear welt 16 Red Wing 5345 construction Womens 6-11 M ST, EH, 6" all leather, Goodyear welt Wolverine W10181 construction Womens 6-11 M 125.00 22.50% 96.88 ST, EH, 6" all leather, Goodyear welt 17 Red Wing 5345 construction Womens 6-10 W ST, EH, 6" all leather, Goodyear welt Wolverine W10181 construction Womens 6-10 W 125.00 22.50% 96.88 ST, EH, Black leather w/ nylon 18 Red Wing 5553 panels, side zipper Womens 4-15 M ST, EH, Black leather w/ nylon Rocky 6173 panels, side zipper Womens 4-15 M 119.99 15.00% 101.99 ST, EH, Black leather w/ nylon 19 Red Wing 1 5553 1 panels, side zipper I Womens 1 4-15 W ST, EH, Black leather w/ nylon Rocky 6173 panels, side zipper Womens 4-15 W 119.99 15.00% 101.99 ALL BRANDS AND STYLES OFFERED SHALL BE SUBMITTED. DO NOT LIMIT YOUR SUBMITTAL TO THE SPECIFIED DESCRIPTIONS. IF UNABLE TO PROVIDE SPECIFIED BRAND AND STYLES LISTED, USE THE PROVIDED SHADED BOXES TO SPECIFY COMPARABLE OPTIONS. ST, EH, Black leather w/ nylon 20 Red Wing 5553 panels, side zipper Womens 7-15 W2 ST, EH, Black leather w/ nylon Rocky 6173 panels, side zipper Womens 7-15 W 119.99 15.00% 101.99 NT, EH, 6" all leather, cement 21 Red Wing 6513 construction Womens 4-16 M NT, EH, 6" all leather, cement IronA a IA5007 construction Womens 1 4-16 1 M 1 98.00 1 20.00%1 78.40 NT, EH, 6" all leather, cement 22 Red Wing 6513 construction Womens 8-12 W2 NT, EH, 6" all leather, cement IronAge IA5007 construction Womens 8-12 W 98.00 20.00% 78.40 Vendors shall attach a list of all safety shoes offered. List shall include, but not be limited to style, list price, and discount percentage. ALL BRANDS AND STYLES OFFERED SHALL BE SUBMITTED. DO NOT LIMIT YOUR SUBMITTAL TO THE SPECIFIED DESCRIPTIONS. IF UNABLE TO PROVIDE SPECIFIED BRAND AND STYLES LISTED, USE THE PROVIDED SHADED BOXES TO SPECIFY COMPARABLE OPTIONS. Solicitation 2016-030 Safety Shoes Bid Designation: Public City of Delray Beach Bid 2016-030 Safety Shoes Bid Number 2016.030 Bid Title Safety Shoes Bid Start Date In Held Bid End Date Dec 22, 2015 2:00:00 PM EST Question & Dec 15, 2015 5:00:00 PM EST Answer End Date Bid Contact Ryan Lingholm Buyer Purchasing lingholmr@mydelraybeach.com Contract Duration 2 years Contract Renewal 2 annual renewals Prices Good for 90 days Bid Comments The purpose of this bid is to secure a source for purchase of safety shoes for the City of Delray Beach employees per the specifications listed below. The City anticipates a purchase amount of approximately 200 pairs of shoes per year. Vendor must be able to provide a local representative and a mobile shoe unit to serve employees in various parts of the City. Item Response Form Item 2016-030-01 -01 -Complete Attachment A Quantity 1 each Unit Price Delivery Location City of Delray Beach City Hall City Hall 100 NW 1ST AVENUE DELRAY BEACH FL 33444 Qty 1 Description Totals entered for this line item will be disregarded. Please complete attachment A and submit a list of ALL offered brands and styles. D'01 h W&O A 1] 4 R zT.Nd A I.X81 on � 100 NW TEt AVENUE, DELRAY BEACH, FL 33444 Safety Shoes Dec 22, 2015 2:00:00 PM EST MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA - AL JACQUET - JORDANAJARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦ (561) 243-7161 ♦ purchasing@mydelraybeach.com CITY OF DELRAY BEACH INVITATION TO BID 2016-030 Title: Safety Shoes Vendor Name: Addenda Enclosed thru Submission Deadline: Dec 22, 2015 / 2:00:00 PM EST Submissions Accepted Via: Electronic, Mail, or in Person Submit Paper Copies to: City of Delray Beach Time Stamped In: City of Delray Beach Purchasing Division 100 NW 1St Avenue Delray Beach, FL 33444 Bid 2016-030 CITY OF DELRAY BEACH ITB NO: 2016-030 TEL: (561) 243-7161 FAX: (561) 243-7166 PURCHASING DEPARTMENT INVITATION TO BID ISSUE DATE: December 1, 2015 DUE DATE: December 22, 2015 INQUIRY SUBMISSION DEADLINE: December 15, 2015 SCOPE OF WORK Bid 2016-030 Safety Shoes TITLE: Safety Shoes DEPARTMENT: Purchasing TIME: 2:00 P.M. TIME: 5:00 P.M. A. PURPOSE: The purpose of this bid is to secure a source for purchase of safety shoes for the City of Delray Beach employees per the specifications listed below. The City anticipates a purchase amount of approximately 200 pairs of shoes per year. Vendor must be able to provide a local representative and a mobile shoe unit to serve employees in various parts of the City. B. METHOD OF ORDERING: A series of Purchase Orders will be issued for this purchase. Invoice(s) for the products shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted electronically to accountspayable(a)mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Specifications" should be addressed in email to: purchasing(a)mydelraybeach.com. D. PRICE: Vendors shall submit a price list inclusive of ALL offered brands and styles. Use Attachment A as a reference. E. SPECIFICATIONS: 1) Quantity: The quantity of 200 pairs of shoes per year is only an estimate. The actual number may be greater than, less than, or equal to the estimated pairs of shoes. 2) On-site Services: Vendor shall supply a mobile shoe unit, at a preferred location designated by the City, once per month to facilitate the shoe purchasing process. The vendor shall work with the requesting department to mutually agree upon specific dates, times, and locations. Each on-site visit shall be for a minimum of four (4) hours. Mobile unit shall be stocked with basic styles used by the City, with adequate stock for each style and size. Bid 2016-030 Safety Shoes Bid 2016-030 3) Store Services (if applicable): Vendor shall provide (if applicable) store locations and hours in which City employees may visit on an unscheduled basis. 4) Mail Order Services: Vendor shall provide a method to purchase items via mail order. 5) Emergency Requests: Vendor shall provide a method to purchase items in an expedited fashion. 6) Return Policy: Vendor shall accept returned items. 7) Quality: All standard shoes must carry a manufacturer's rating of either BETTER or BEST for the following categories: a) Oil b) Water c) Slip Resistance d) Chemical Resistance e) Abrasion f) Heat g) In addition, standard shoes must meet the minimum requirements of OSHA 1910.132 and 1910.136, must have a steel toe (rated ANSI 1/75 C/75), must offer ankle support (at least 6 inches for job classifications requiring high tops), and must be rated for electrical hazards. h) All items delivered must meet the specifications herein. Items delivered that fail to meet the specified requirements will be returned at no expense to the City of Delray Beach. The City may return, for full credit, any unused items which fail to meet the City's performance standards. 8) Price: Price shall reflect a percentage discount off the list price for all items. Attachment A includes previously used styles that must be bid. In the event that the listed styles are discontinued or the exact style cannot be bid, use the shaded boxes to provide alternative style shoes for each specified style. Vendors shall also submit a complete list of offered items. Shoes included in proposal shall not exceed $125.00. 9) Shoe Specifications: All shoes shall be, at minimum, compliant with specification E.vii. herein this document. 10) Turnaround Time: Items not in stock shall be provided to the City within ten (10) business days. If the vendor is unable to meet this request, the City shall pay only 50% of the contract purchase cost for that item. 11) Personal Use: Employees who wish to purchase shoes more expensive than the contracted price shall be given the option to pay out of pocket for the cost difference. Employees shall be offered the option to purchase shoes for their personal use at the employees' expense. 12) Local Representative Duties: Local representative shall personally meet quarterly, at minimum, with the City to resolve problems, showcase new items, and provide technical assistance as necessary. Local representative must also be accessible by phone, within 24 hours, to resolve difficulties and provide technical assistance. Local representative shall provide training on the proper care and use of shoes at the request of the City. Bid 2016-030 Safety Shoes 2 Bid 2016-030 13) Subcontractors: Vendor shall not, under any circumstances, subcontract any portion of the required work or services to any other vendor. 14) Restrictions: Vendor shall restrict their personnel to the area where they are performing work. The City will designate the work area and the vendor and City will consider all other areas of the job site off limits and closed to vendor personnel with the exception to reasonable access to the nearest restrooms and vending machines. The City will not permit alcoholic beverages, illegal drugs, firearms or other weapons, as defined by law, on City property at any time. 15) Safety: a. Vendor shall be responsible for strictly complying with all applicable local, state, and federal regulations, including OSHA, concerning safety provisions for employees on this project and for all on-site occupants and the public. The vendor shall maintain the mobile unit steps and other equipment and the immediate area in a good and safe condition. b. City reserves the right to inspect the mobile unit steps and other equipment and the immediate area at any time, to require correction of any identified potential safety hazards and to issue a "cease and desist" order, if necessary, without notice. The City shall have no liability for any loss to the vendor because of any work stoppage due to safety hazards or violations. c. Before the beginning of the contract period, the vendor shall have all licenses, permits, or other requirements of the local, state and/or federal governments and shall maintain such throughout the term of the contract. 16) Insurance Requirements: Second Party shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. 17) The following insurance coverage shall be required. a. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Second Party further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. b. General liability insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. c. Motor Vehicle Liability Insurance covering all vehicles associated with Second Party operations to include all owned, non -owned and hired vehicles. d. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. Bid 2016-030 Safety Shoes 3 Bid 2016-030 e. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. f. Second Party shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above. If any of the above coverages expire during the term of this Agreement, Second Party will provide a renewal certificate at least ten (10) days prior to expiration. g. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 with a copy to Assistant City Manager, 100 N.W. 1st Avenue, Delray Beach, FL 33444. Bid 2016-030 Safety Shoes 4 City of Delray Beach Instructions for Bidders BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync - www.bidsync.com DemandStar - www.demandstar.com Request via email purchasing@mydelraybeach.com City of Delray Beach - Hard copies are available at City Hall These are the only forms of notification authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. REQUIRED INFORMATION: The City bid packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non-responsive. Vendors may be required to complete and supply all information contained in the "supplemental information" portion of the packet at a date after bid opening. Failure to complete "supplemental information" requirements in a timely manner, prior to council award, may be used by the City in determining a vendor's responsibility. CORRESPONDENCE: The number of this bid packet must appear on all correspondence, or inquiries, pertaining to this bid. PREPARATION COST: The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any solicitation. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. ADDENDA: Any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Delray Beach Purchasing Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the "specification" or "bid form", bidders shall acknowledge receipt of all addenda or they may be declared non-responsive. SAMPLES: Any catalog, brand names, or manufacturer's reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. PRICING: bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document. BILLING INSTRUCTIONS - AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. ERROR•QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, vendor expressly guarantees and warrants as follows: a. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. b. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor's own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. c. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations. d. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage -free shipment and storage. F.O.B./DAMAGE: Items shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Delray Beach assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. PAYMENT TERMS: Payment terms are net 45 unless otherwise specified by the City in the bid packet. ELECTRONIC BIDS: Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this Solicitation document. It is the sole responsibility of the Bidder/Proposer to ensure their bid reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a bid in response to a City of Delray Beach solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. PRESENTATION OF BIDS - PAPER SUBMISSION: Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office, 100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposer's name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). ALTERING BIDS - PAPER SUBMISSION: Bid prices cannot be altered or amended after submission deadline. Any inter -lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. LATE BIDS - PAPER SUBMISSION: Bid packets received in the purchasing division after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Delray Beach is not responsible for the lateness of mail carrier, weather conditions, etc. WITHDRAWAL OF BIDS: Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City. BID OPENINGS: All bids submitted will be read at the City's scheduled bid opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Delray Beach purchasing guidelines, and project documents, including but not limited to the bid specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time. MINOR DEFECT: the City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award. EVALUATION: Bids will be evaluated as outlined in the bid document. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. SPLIT AWARD: the City reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The City reserves the right to take into consideration contract administration costs for multiple award contracts when determining low bid. DEFINITION: Bid shall mean a bid, proposal, or quotation. CITY OF DELRAY BEACH GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Delray Beach Purchasing Department. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB), Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. PART I CONDITIONS: 1.1 PUBLIC ENTITY CRIMES: Pursuant to F.S. 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. 1.2 SCRUTINIZED COMPANIES: This Section applies to any contract for goods or services of $1 million or more. The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate a contract at the City's option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 1.3 DEBARRED OR SUSPENDED PROPOSERS: The Proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. 1.4 LOBBYING ACTIVITIES: All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2- 351 of the Palm Beach County Code of Ordinances) applies to the City and this solicitation. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 1.5 COMPLIANCE WITH LAWS: Proposer shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant any order. 1.6 NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted under this solicitation. 1.7 PUBLIC RECORDS: Proposer shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Proposer agrees to: (a) Keep and maintain all records that ordinarily and necessarily would be required by the City. (b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Proposer at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Proposer. (e) If Proposer does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 1.8 INSPECTOR GENERAL: Proposer is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of purchases and contracts, and may demand and obtain records and testimony from Proposer and its sub licensees and lower tier sub licensees. Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Proposer or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of any order. 1.9 CONE OF SILENCE: Proposer's are advised that a Cone of Silence is in effect at the time of submission. The Cone of Silence prohibits any communications, except written correspondence, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract or Bid, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting bids. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." 1.10 LOCAL PREFERENCE: In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive proposer. 1.11 LITIGATION VENUE: The Proposers waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Palm Beach County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 1.12 INDEMNITY/HOLD HARMLESS AGREEMENT: Proposer shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Proposer shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of any order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Proposer under any order may be retained by City until all of City's claims for indemnification pursuant to any order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS (RFP) when the City is requesting proposals from qualified Proposers. BID — a price and terms quote received in response to an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER — A person who has the capability in all respects to perform in full the contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. PROPOSER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. CONTRACT — A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. CONSULTANT — Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and/or RFP; Bid or Proposal; Bidder, Proposer, or Proposer; Contractor or Consultant; Contract, Award, Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this solicitation that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Bids will be publicly opened in the Purchasing Department Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.05 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.06 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Purchasing Department immediately. Such notification must be received by the Purchasing Department prior to the deadline contained in the ITB, for questions of a material nature, or prior to the deadline for questions. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.07 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Delray Beach encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Purchasing Officer reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashiers check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.16 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.17 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.18 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE CHIEF PURCHASING OFFICER, BY DELIVERING A LETTER OF PROTEST TO THE CHIEF PURCHASING OFFICER WITHIN THREE BUSINESS (3) DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED. Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of twenty thousand dollars ($20,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Delray Beach, Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of an Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Purchasing Department original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS; 5.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 5.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Delray Beach purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 5.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 5.05 TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 5.06 PAYABLE INTEREST: Payment of Interest. The City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Bidder waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to the bid. Rate of Interest. In any instance where the prohibition or limitations herein are determined to be invalid or unenforceable, the annual rate of interest payable by the City, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 5.07 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 5.08 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 5.09 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared, by the City as conditional. 5.10 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Proposer until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.11 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of any order must be accompanied by a completed Safety Data Sheet (SDS). 5.12 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.13 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.14 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.15 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.16 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.17 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.18 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.19 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract for the duration of the contract and for three years after the final payment any agreement as a result of the bid, or until all pending audits, investigations or litigation matters relating to the contract are closed, whichever is later. The Contractor agrees to make available to the City or designee, during normal business hours all books of account, reports and records relating to any agreement as a result of this bid. 5.20 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.21 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. 5.22 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.23 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. 5.24 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.25 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. Other Terms 1. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Proposers are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence prohibits any communications, except written correspondence, regarding this Bid, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this Bid, or any member of the Selection Committee. Failure to adhere to the Cone of Silence provisions is cause for rejection of a bid. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: "a. 'Cone of silence' means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. b. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. C. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. f. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable." 2. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest in the bidder's firm or any of its' branches. 3. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1St Ave Delray Beach, FL 33444 4. ANTI -COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 5. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 6. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. City of Delray Beach Purchase Order Terms and Conditions 1. ACCEPTANCE: This order is for the purchase of goods ("the Goods"). The Buyer's offer to the Seller and the Seller's acknowledgement to the Buyer shall constitute Seller's acceptance of such order including all of the terms and conditions herein set out. In the absence of such acknowledgement, commencement of delivery of the Goods and acceptance of such deliveries by Buyer shall constitute a firm contract on the terms and conditions hereof. This order is subject to the following terms and conditions and no others unless there is a signed agreement between the parties providing otherwise. 2. WARRANTY -PRODUCT: The Seller expressly warrants that the Goods shall be merchantable within the meaning of Article 2-314(2) of the Uniform Commercial Code as provided by Florida Law and in effect on the date of this order. In addition to all warranties which may be prescribed by law, the Goods shall conform to specifications, drawing, and description and shall be free from defects in materials and workmanship. Seller also warrants that to the extent the Goods are not manufactured pursuant to detailed designs furnished by Buyer they will be free from defects in design. Such warranties, including warranties prescribed by law shall run to Buyer, its successor, assigns, and customers, and to users of the Goods for a period of one (1) year after delivery unless otherwise stated. 3. INDEMNITY: Seller shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend Buyer, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Seller, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against Buyer by reason of any such claim, cause of action, or demand, Seller shall, upon written notice from Buyer, resist and defend such lawsuit or proceeding by counsel satisfactory to Buyer or, at Buyer's option, pay for an attorney selected by the City Attorney to defend Buyer. The obligations of this section shall survive the expiration or earlier termination of this order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Seller under this order may be retained by Buyer until all of Buyer's claims for indemnification pursuant to this order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the Buyer. 4. INSURANCE: Seller shall procure and maintain liability insurance, including contractual liability coverage, with minimum limits of $300,000 combined single limits to be effective during period of warranty with such higher limits as Buyer shall reasonably request of Seller. Seller shall furnish to Buyer upon request a Certificate of Insurance evidencing the foregoing coverage and limits. 5. COMPLIANCE WITH LAWS: Seller shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this order. 6. LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This order shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Order, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Order shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ACCEPTING THIS ORDER, SELLER AND BUYER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS ORDER. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS ORDER AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 7. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this order and that each is, therefore, a material term hereof. Buyer's failure to enforce any provision of this order shall not be deemed a waiver of such provision or modification of this order. A waiver of any breach of a provision of this order shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this order. 8. ALLOCATION OF RISK: This risk for any damage to or destruction of the goods shall be borne by the Seller at all times until delivery to the control of the Buyer, which shall be the point at which the Buyer actually receives the goods for use and has accepted such. 9. REPAIRS - NON ACCEPTANCE: If any of the goods are delivered in a defective or non- working condition, efforts of the Buyer to correct such defect shall not constitute an acceptance where commercially reasonable in extent and cost, so that the Buyer may still reject the goods where the attempt to repair has proved unsuccessful. 10. PLACE OF DELIVERY: The goods shall be delivered to the City of Delray Beach, Florida, at address stated on the order. 11. INSPECTION GOODS: The Buyer shall have the right to inspect all goods before accepting delivery or making payment therefore. If rejected, the goods will be returned at Seller's risk, and all handling and transportation expenses, both ways, will be borne by and assumed by Seller. When material has been rejected by Buyer and returned for replacement, it is essential that Seller receive new shipping instructions from Buyer before making the replacement. Inspection and approval for acceptance shall be made by the appropriate user department. The expense of inspection shall be borne by the Buyer except as to goods which are properly rejected as non -conforming. Inspection shall be made within fourteen (14) calendar days of the delivery of goods. 12. NOTICE OF DEFECTS: It is expressly agreed that all claims for alleged damages or defective goods, shortage, or other cause shall be deemed waived unless made in writing and sent by Buyer within twenty (20) calendar days after Buyer learns of the alleged defect, damage, shortage, or other cause giving rise to the claim. However, any defects incapable of discovery shall not be deemed waived by the provisions herein, and this provision shall not be deemed a waiver of any warranties set forth herein or in any modification of this Order. 13. FITNESS FOR PARTICULAR PURPOSE: Buyer makes no warranties except as set forth herein provided that notwithstanding any other provisions to the contrary herein, Buyer may have sought the expertise of Seller with respect to the use of such goods. In that event, Seller hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose, a reliance by Buyer upon the expertise of Seller with respect to the use of the goods, or any other similar such request or reliance shall constitute a modification to the terms of this Order which shall effect a warranty of fitness for a particular purpose. 14. TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 15. INDEPENDENT CONTRACTOR: Seller is an independent contractor under this Order. Services provided by Seller pursuant to this Order shall be subject to the supervision of Seller. In providing such services, neither Seller nor its agents shall act as officers, employees, or agents of Buyer. No partnership, joint venture, or other joint relationship is created hereby. Buyer does not extend to Seller or Seller's agents any authority of any kind to bind Buyer in any respect whatsoever. 16. PUBLIC ENTITY CRIME ACT: Seller represents that the acceptance of this order will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to Buyer, may not submit a bid on a contract with Buyer for the construction or repair of a public building or public work, may not submit bids on leases of real property to Buyer, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Buyer, and may not transact any business with Buyer in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this order and recovery of all monies paid by Buyer pursuant to this Order, and may result in debarment from Buyer's competitive procurement activities. In addition to the foregoing, Seller further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Seller has been placed on the convicted vendor list. 17. THIRD PARTY BENEFICIARIES: Neither Seller nor Buyer intends to directly or substantially benefit a third party by this Order. Therefore, the parties agree that there are no third party beneficiaries to this Order and that no third party shall be entitled to assert a right or claim against either of them based upon this Order. 18. ASSIGNMENT AND PERFORMANCE: Neither this Order nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. Buyer may terminate this Order, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Seller of this Order or any right or interest herein without Buyer's written consent. Seller shall perform its duties, obligations, and services under this Order in a skillful and respectable manner. The quality of Seller's performance and all interim and final product(s) provided to or on behalf of Buyer shall be comparable to the best local and national standards. 19. SEVERANCE: In the event a portion of this Order is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless Buyer or Seller elects to terminate this Order. An election to terminate this Order based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 20. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Order and executed by the Buyer and Seller or others delegated authority to or otherwise authorized to execute same on their behalf. 21. PRIOR ORDERS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Order that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 22. PAYABLE INTEREST: Payment of Interest. Buyer shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Seller waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Order. Rate of Interest. In any instance where the prohibition or limitations of this Section are determined to be invalid or unenforceable, the annual rate of interest payable by Buyer under this Order, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 23. PUBLIC RECORDS: Seller shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Seller agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the Buyer. b. Provide the public with access to public records on the same terms and conditions that the Buyer would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Buyer all records in possession of the Seller at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Buyer in a format that is compatible with the information technology systems of the Buyer. All records shall be transferred to the Buyer prior to final payment being made to the Seller. e. If Seller does not comply with this section, the Buyer shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 24. INSPECTOR GENERAL: Seller is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Seller and its sub licensees and lower tier sub licensees. Seller understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Seller or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the Buyer to be a material breach of this Order. Proposal Submittal Signature Page By signing this Proposal/Bid, the Proposer/Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Sianature Name and Title Date By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THE EXECUTION OF THIS CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL/BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL/BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL/BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL/BID. Conflict of Interest Disclosure Form The award of this RFP/Bid is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Proposers/Bidders must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers/Bidders must disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest in the Proposers/Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this RFP/Bid. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ❑ To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. ❑ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Firm Name Signature Name and Title Date Drug -Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name Signature Name and Title Date Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub - Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title Date Acknowledgment of Addenda The Proposer/Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP/Bid. The Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME OF AGENT TITLE OF AGENT SIGNATURE OF AGENT F F F r F F- City of Delray Beach Safety Shoes Pricing Discount % Shall be Based Off Vendor's List Price Bid 2016-030 All Brands and Styles Shall Comply with Specifications Listed in Bid Document DO NOT LIMIT YOUR SUBMITTAL TO THE SPECIFIED DESCRIPTIONS. ALL BRANDS AND STYLES OFFERED SHALL BE SUBMITTED. IF UNABLE TO PROVIDE SPECIFIED BRAND AND STYLES LISTED, USE THE PROVIDED SHADED BOXES TO SPECIFY COMPARABLE OPTIONS. Item # Brand Style Description Gender Sizes Widths List Price Discount % Discount Price 1 Red Wing 5226 ST, EH Full grain leather, light weight direct attach Mens 7-15 M 2 Red Wing 5226 ST, EH Full grain leather, light weight direct attach Mens 8-14 W2 3 Red Wing 5227 ST, EH Full grain leather, lightweight direct attach Mens 7-15 M 4 Red Wing 5227 ST, EH Full grain leather, light weight direct attach Mens 8-14 W2 5 Red Wing 5525 ST, EH, all leather, oblique toe, welt construction Mens 7-14 M 6 Red Wing 5525 ST, EH, all leather, oblique toe, welt construction Mens 7-14 W 7 Red Wing 5525 ST, EH, all leather, oblique toe, welt construction Mens 8-13 W2 8 Red Wing 5529 ST, EH, 6" full grain leather, oblique toe, direct attach welt Mens 7-14 M 9 Red Wing 5529 ST, EH, 6" full grain leather, oblique toe, direct attach welt Mens 8-13 W2 10 Red Wing 5660 ST, EH, 6" full grain leather, oblique toe, direct attach welt construction Mens 7-14 M 11 Red Wing 5660 ST, EH, 6" full grain leather, oblique toe, direct attach welt construction Mens 8-13 W2 12 Red Wing 5335 ST, EH, 6" all leather, Goodyear welt construction Mens 7-14 M 13 Red Wing 5335 ST, EH, 6" all leather, Goodyear welt construction Mens 8-13 W2 14 Red Wing 5175 ST, EH Brown nubuck w/ nylon panels, cement construction Womens 6-11 M 15 Red Wing 5175 ST, EH Brown nubuck w/ nylon panels, cement construction Womens 6-10 W 16 Red Wing 5345 ST, EH, 6" all leather, Goodyear welt construction Womens 6-11 M 17 Red Wing 5345 ST, EH, 6" all leather, Goodyear welt construction Womens 6-10 W 18 Red Wing 5553 ST, EH, Black leather w/ nylon panels, side zipper Womens 4-15 M 19 Red Wing 5553 ST, EH, Black leather w/ nylon panels, side zipper Womens 4-15 W 11/25/2015 6:50 AM p. 31 City of Delray Beach Bid 2016-030 20 Red Wing 5553 ST, EH, Black leather w/ nylon panels, side zipper Womens 7-15 W2 21 Red Wing 6513 NT, EH, 6" all leather, cement construction Womens 4-16 M 22 Red Wing 6513 NT, EH, 6" all leather, cement construction Womens 8-12 W2 Vendors shall attach a list of all safety shoes offered. List shall include, but not be limited to style, list price, and discount percentage. ALL BRANDS AND STYLES OFFERED SHALL BE SUBMITTED. DO NOT LIMIT YOUR SUBMITTAL TO THE SPECIFIED DESCRIPTIONS. IF UNABLE TO PROVIDE SPECIFIED BRAND AND STYLES LISTED, USE THE PROVIDED SHADED BOXES TO SPECIFY COMPARABLE OPTIONS. 11/25/2015 6:50 AM p. 32 Question and Answers for Bid #2016-030 - Safety Shoes Overall Bid Questions 9W There are no questions associated with this bid. City of Delray Beach Solicitation 2016-030 Safety Shoes Bid Designation: Public City of Delray Beach Bid 2016-030 12/1/2015 6:06 AM P. 1 City of Delray Beach Bid 2016-030 Safety Shoes Bid Number 2016-030 Bid Title Safety Shoes Bid Start Date Dec 1, 2015 8:01:52 AM EST Bid End Date Dec 22, 2015 2:00:00 PM EST Question & Dec 15, 2015 5:00:00 PM EST Answer End Date Bid Contact Ryan Lingholm Buyer Purchasing lingholmr@mydetraybeach.com Contract Duration 2 years Contract Renewal 2 annual renewals Prices Good for 90 days Bid 2016-030 Bid Comments The purpose of this bid is to secure a source for purchase of safety shoes for the City of Delray Beach employees per the specifications listed below. The City anticipates a purchase amount of approximately 200 pairs of shoes per year. Vendor must be able to provide a local representative and a mobile shoe unit to serve employees in various parks of the City. Item Response Form Item 2016.030-01-01 - Complete Attachment A Quantity 1 each Unit Price I Delivery Location City of Delray Beach City Hall City Hall 100 NW 1ST AVENUE DELRAY BEACH FL 33444 Qty 1 Description Totals entered for this line item will be disregarded. Please complete attachment A and submit a list of ALL offered brands and styles. 12/1/2015 6:06 AM p. 2 City of Delray Beach CITY OF DELRAY BEACH 100 NW 15' AVENUE, DELRAY BEACH, FL 33444 Safety Shoes Dec 22, 2015 2:00:00 PM EST MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA - AL JACQUET JORDANA JARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦ (661) 243-7161 ♦ purchasing@mydelraybeach.com Bid 2016-030 12/1/2015 6:06 AM P• 3 City of Delray Beach CITY OF DELRAY BEACH INVITATION TO BID 2016-030 Title: Safety Shoes Vendor Name: <00P.CRT"s 0'.. Addenda Enclosed thru Submission Deadline: Dec 22, 2015 / 2:00:00 PM EST Submissions Accepted Via: Electronic, Mail, or in Person Submit Paper Copies to: City of Delray Beach Purchasing Division 100 NW 1st Avenue Delray Beach, FL 33444 City of Delray Beach Time Stamped In: Bid 2016-030 12/112015 6:06 AM P. 4 City of Delray Beach CITY OF DELRAY BEACH ITB NO: 2016-030 TEL: (561) 243-7161 FAX: (561) 243-7166 PURCHASING DEPARTMENT INVITATION TO BID TITLE: Safety Shoes Bid 2016-030 ISSUE DATE: December 1, 2015 DEPARTMENT: Purchasing DUE DATE: December 22, 2015 TIME: 2:00 P.M. INQUIRY SUBMISSION DEADLINE: December 15, 2015 TIME: 5:00 P.M. SCOPE OF WORK Bid 2016-030 Safety Shoes A. PURPOSE: The purpose of this bid is to secure a source for purchase of safety shoes for the City of Delray Beach employees per the specifications listed below. The City anticipates a purchase amount of approximately 200 pairs of shoes per year. Vendor must be able to provide a local representative and a mobile shoe unit to serve employees in various parts of the City. B. METHOD OF ORDERING: A series of Purchase Orders will be issued for this purchase. Invoices) for the products shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted electronically to accountspayable(&-mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Specifications" should be addressed in email to: Purchasing4mydelraybeach.com. D. PRICE: Vendors shall submit a price list inclusive of ALL offered brands and styles. Use Attachment A as a reference. E. SPECIFICATIONS: 1) Quantity: The quantity of 200 pairs of shoes per year is only an estimate. The actual number may be greater than, less than, or equal to the estimated pairs of shoes. 2) On-site Services: Vendor shall supply a mobile shoe unit, at a preferred location designated by the City, once per month to facilitate the shoe purchasing process. The vendor shall work with the requesting department to mutually agree upon specific dates, times, and locations. Each on-site visit shall be for a minimum of four (4) hours. Mobile unit shall be stocked with basic styles used by the City, with adequate stock for each style and size. Bid 2016-030 Safety Shoes 12/1/2015 6:06 AM p• 5 City of Delray Beach l 4 (S�) Store Services (if applicable): Vendor shall provide (if applicable) store locations and hours in which City employees may visit on an unscheduled basis. �A) Mail Order Services: Vendor shall provide a method to purchase items via mail order. 5) Emergency Requests: Vendor shall provide a method to purchase items in an (/ expedited fashion. 6) Return Policy: Vendor shall accept returned items. Bid 2016-030 7) Quality: All standard shoes must carry a manufacturer's rating of either BETTER or BEST for the following categories: a) Oil b) Water c) Slip Resistance d) Chemical Resistance e) Abrasion f) Heat g) In addition, standard shoes must meet the minimum requirements of OSHA 1910.132 and 1910.136, must have a steel toe (rated ANSI 1/75 C/75), must offer ankle support (at least 6 inches for job classifications requiring high tops), and must be rated for electrical hazards. h) All items delivered must meet the specifications herein. Items delivered that fail to meet the specified requirements will be returned at no expense to the City of Delray Beach. The City may return, for full credit, any unused items which fail to meet the City's performance standards. 8) Price: Price shall reflect a percentage discount off the list price for all items. Attachment A includes previously used styles that must be bid. In the event that the listed styles are discontinued or the exact style cannot be bid, use the shaded boxes to provide alternative style shoes for each specked style. Vendors shall also submit a complete list of offered items. Shoes included in proposal shall not exceed $125.00. 9) Shoe Specifications: All shoes shall be, at minimum, compliant with specification E.vii. herein this document. 10) Tumaround Time: Items not in stock shall be provided to the City within ten (10) business days. If the vendor is unable to meet this request, the City shall pay only 50% of the contract purchase cost for that item. 11) Personal Use: Employees who wish to purchase shoes more expensive than the contracted price shall be given the option to pay out of pocket for the cost difference. Employees shall be offered the option to purchase shoes for their personal use at the employees' expense. 12) Local Representative Duties: Local representative shall personally meet quarterly, at minimum, with the City to resolve problems, showcase new items, and provide technical assistance as necessary. Local representative must also be accessible by phone, within 24 hours, to resolve difficulties and provide technical assistance. Local representative shall provide training on the proper care and use of shoes at the request of the City. Bid 2016-030 Safety Shoes 12/1/2015 6:06 AM P. 6 City of Delray Beach 13) Subcontractors: Vendor shall not, under any circumstances, subcontract any portion of the required work or services to any other vendor. 14) Restrictions: Vendor shall restrict their personnel to the area where they are performing work. The City will designate the work area and the vendor and City will consider all other areas of the job site off limits and closed to vendor personnel with the exception to reasonable access to the nearest restrooms and vending machines. The City will not permit alcoholic beverages, illegal drugs, firearms or other weapons, as defined by law, on City property at any time. Bid 2016-030 15) Safety: a. Vendor shall be responsible for strictly complying with all applicable local, state, and federal regulations, including OSHA, concerning safety provisions for employees on this project and for all on-site occupants and the public. The vendor shall maintain the mobile unit steps and other equipment and the immediate area in a good and safe condition. b. City reserves the right to inspect the mobile unit steps and other equipment and the immediate area at any time, to require correction of any identified potential safety hazards and to issue a "cease and desist" order, if necessary, without notice. The City shall have no liability for any loss to the vendor because of any work stoppage due to safety hazards or violations. c. Before the beginning of the contract period, the vendor shall have all licenses, permits, or other requirements of the local, state and/or federal governments and shall maintain such throughout the term of the contract. df/ 16) Insurance Requirements: Second Party shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. j17) The following insurance coverage shall be required. a. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Second Party further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. b. General liability insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. c. Motor Vehicle Liability Insurance covering all vehicles associated with Second Party operations to include all owned, non -owned and hired vehicles. d. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. Bid 2016-030 Safety Shoes 12/1/2015 6:06 AM P• 7 City of Delray Beach e. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. f. Second Party shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above. If any of the above coverages expire during the term of this Agreement, Second Party will provide a renewal certificate at least ten (10) days prior to expiration. g. Mail to: City of Delray Beach, Attn. Beach, Florida 33444 with a copy Avenue, Delray Beach, FL 33444. Bid 2016-030 Safety Shoes Risk Manager, 100 N.W. 1st Avenue, Delray to Assistant City Manager, 100 N.W. 1st 4 Bid 2016-030 12/1/2015 6:06 AM P. 8 City of Delray Beach City of Delray Beach Instructions for Bidders BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync - www.bidsync.com DemandStar - www.demandstar.com Request via email purchasing@mydelraybeach.com City of Delray Beach - Hard copies are available at City Hall These are the only forms of notification authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. REQUIRED INFORMATION: The City bid packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non-responsive. Vendors may be required to complete and supply all information contained in the 'supplemental information" portion of the packet at a date after bid opening. Failure to complete 'supplemental information" requirements in a timely manner, prior to council award, may be used by the City in determining a vendor's responsibility. CORRESPONDENCE: The number of this bid packet must appear on all correspondence, or inquiries, pertaining to this bid. PREPARATION COST: The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any solicitation. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. ADDENDA: Any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Delray Beach Purchasing Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the "specification' or "bid form',bidders shall acknowledge receipt of all addenda or they may be declared non-responsive. SAMPLES: Any catalog, brand names, or manufacturer's reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. PRICING: bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document. BILLING INSTRUCTIONS - AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. ERROR -QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees Bid 2016-030 12/1/2015 6:06 AM P. 9 City of Delray Beach and warranties provided by law, vendor expressly guarantees and warrants as follows: a. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. b. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor's own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. c. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations. d. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage -free shipment and storage. F.O.B./DAMAGE: Items shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Delray Beach assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. PAYMENT TERMS: Payment terms are net 45 unless otherwise specified by the City in the bid packet. ELECTRONIC BIDS: Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this Solicitation document. It is the sole responsibility of the Bidder/Proposer to ensure their bid reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a bid in response to a City of Delray Beach solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. PRESENTATION OF BIDS - PAPER SUBMISSION: Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office, 100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposer's name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked `ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). ALTERING BIDS - PAPER SUBMISSION: Bid prices cannot be altered or amended after submission deadline. Any inter -lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. LATE BIDS - PAPER SUBMISSION: Bid packets received in the purchasing division after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Delray Beach is not responsible for the lateness of mail carrier, weather conditions, etc. WITHDRAWAL OF BIDS: Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City. BID OPENINGS: All bids submitted will be read at the City's scheduled bid opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Delray Beach purchasing guidelines, and project documents, including but not limited to the bid specifications and Bid 2016-030 12/1/2015 6:06 AM P. 10 City of Delray Beach required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time. MINOR DEFECT: the City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award. EVALUATION: Bids will be evaluated as outlined in the bid document. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. SPLIT AWARD: the City reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The City reserves the right to take into consideration contract administration costs for multiple award contracts when determining low bid. DEFINITION: Bid shall mean a bid, proposal, or quotation. Bid 2016-030 12/1/2015 6:06 AM P. 11 City of Delray Beach CITY OF DELRAY BEACH GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Delray Beach Purchasing Department. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB), Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. PART I CONDITIONS: 1.1 PUBLIC ENTITY CRIMES: Pursuant to F.S. 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. 1.2 SCRUTINIZED COMPANIES: This Section applies to any contract for goods or services of $1 million or more. The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2011), as may be amended or revised_ The City may terminate a contract at the City s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 1.3 DEBARRED OR SUSPENDED PROPOSERS: The Proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. 1.4 LOBBYING ACTIVITIES: All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2- 351 of the Palm Beach County Code of Ordinances) applies to the City and this solicitation. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 1.6 COMPLIANCE WITH LAWS: Proposer shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant any order. 1.6 NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted under this solicitation. 1.7 PUBLIC RECORDS: Proposer shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Proposer agrees to: (a) Keep and maintain all records that ordinarily and necessarily would be required by the City. (b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Proposer at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Proposer. (e) if Proposer does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Any language contained in the Proposers response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws'), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or Bid 2016-030 12/1/2015 6:06 AM p. 12 City of Delray Beach entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 1.8 INSPECTOR GENERAL: Proposer is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of purchases and contracts, and may demand and obtain records and testimony from Proposer and its sub licensees and lower tier sub licensees. Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Proposer or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of any order. 1.9 CONE OF SILENCE: Proposers are advised that a Cone of Silence is in effect at the time of submission. The Cone of Silence prohibits any communications, except written correspondence, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commissions staff, any City employee authorized to act on behalf of the City to award the contract or Bid, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting bids. Section 36.13 of the City Code provides `[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." 1.10 LOCAL PREFERENCE: In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive proposer. 1.11 LITIGATION VENUE: The Proposers waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Palm Beach County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Fkxida. 1.12 INDEMNITYtHOLD HARMLESS AGREEMENT: Proposer shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Proposer shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of any order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Proposer under any order may be retained by City until all of City's claims for indemnification pursuant to any order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. Part 11 DEFINITIONSIORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS (RFP) when the City is requesting proposals from qualified Proposers. BID — a price and terms quote received in response to an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER — A person who has the capability in all respects to perform in full the contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. PROPOSER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. CONTRACT — A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. CONSULTANT — Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. Bid 2016-030 12/1/2015 6:06 AM p. 13 City of Delray Beach The following terms may be used interchangeably by the City: ITB and/or RFP; Bid or Proposal; Bidder, Proposer, or Proposer, Contractor or Consultant; Contract, Award, Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this solicitation that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City: These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Bids will be publicly opened in the Purchasing Department Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the Citys requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to be any item or items contained in the ITB with any other business with the City. 3.04 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.05 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidders responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.06 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Purchasing Department immediately. Such notification must be received by the Purchasing Department prior to the deadline contained in the ITB, for questions of a material nature, or prior to the deadline for questions. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.07 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Delray Beach encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers Bid 2016-030 12/1/2015 6:06 AM p. 14 City of Delray Beach packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONSIINSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidders ability to perform. The Purchasing Officer reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashiers check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3A6 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.16 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City s interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidders financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.17 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shalt govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.18 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE CHIEF PURCHASING OFFICER, BY DELIVERING A LETTER OF PROTEST TO THE CHIEF PURCHASING OFFICER WITHIN THREE BUSINESS (3) DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED. Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of twenty thousand dollars ($20,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Delray Beach, Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Bid 2016-030 12/1/2015 6:06 AM P. 15 City of Delray Beach Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of an Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Purchasing Department original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS. 6.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractors expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidders name being removed from the City s bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 6.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 6.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Delray Beach purchase order number that is associated with the shipment. Failure to provide a detailed_ packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 6.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 6.06 TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 6.06 PAYABLE INTEREST: Payment of Interest. The City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Bidder waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to the bid. Rate of Interest. In any instance where the prohibition or limitations herein are determined to be invalid or unenforceable, the annual rate of interest payable by the City, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 6.07 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 6.08 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 6.09 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid Bid 2016-030 12/1/2015 6:06 AM p. 16 City of Delray Beach conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared, by the City as conditional. 6.10 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Proposer until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.11 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of any order must be accompanied by a completed Safety Data Sheet (SDS). 6.12 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100°% asbestos free. 6.13 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 6.14 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 6.15 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 6AG TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.17 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 6.18 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.19 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract for the duration of the contract and for three years after the final payment any agreement as a result of the bid, or until all pending audits, investigations or litigation matters relating to the contract are closed, whichever is later. The Contractor agrees to make available to the City or designee, during normal business hours all books of account, reports and records relating to any agreement as a result of this bid. 5.20 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.21 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract_ 6.22 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the Bid 2016-030 12/1/2015 6:06 AM p. 17 City of Delray Beach contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 6.23 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. 6.24 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 6.26 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. Bid 2016-030 12/1/2015 6:06 AM p• 18 City of Delray Beach Other Terms 1. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Proposers are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence prohibits any communications, except written correspondence, regarding this Bid, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this Bid, or any member of the Selection Committee. Failure to adhere to the Cone of Silence provisions is cause for rejection of a bid. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: "a. 'Cone of silence' means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. b. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. C. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other'competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. Bid 2016-030 12/1/2015 6:06 AM P. 19 City of Delray Beach f. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable." 2. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof, or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest in the bidder's firm or any of its' branches. 3. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1St Ave Delray Beach, FL 33444 Bid 2016-030 12/1/2015 6:06 AM p• 20 City of Delray Beach 4. ANTI -COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 5. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 6. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 7. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Bid 2016-030 12/1/2015 6:06 AM p. 21 City of Delray Beach City of Delray Beach Purchase Order Terms and Conditions 1. ACCEPTANCE: This order is for the purchase of goods ('the Goods"). The Buyer's offer to the Seller and the Seller's acknowledgement to the Buyer shall constitute Seller's acceptance of such order including all of the terms and conditions herein set out. In the absence of such acknowledgement, commencement of delivery of the Goods and acceptance of such deliveries by Buyer shall constitute a firm contract on the terms and conditions hereof. This order is subject to the following terms and conditions and no others unless there is a signed agreement between the parties providing otherwise. 2. WARRANTY -PRODUCT: The Seller expressly warrants that the Goods shall be merchantable within the meaning of Article 2-314(2) of the Uniform Commercial Code as provided by Florida Law and in effect on the date of this order. In addition to all warranties which may be prescribed by law, the Goods shall conform to specifications, drawing, and description and shall be free from defects in materials and workmanship. Seller also warrants that to the extent the Goods are not manufactured pursuant to detailed designs furnished by Buyer they will be free from defects in design. Such warranties, including warranties prescribed by law shall run to Buyer, its successor, assigns, and customers, and to users of the Goods for a period of one (1) year after delivery unless otherwise stated. INDEMNITY: Seller shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend Buyer, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Seller, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against Buyer by reason of any such claim, cause of action, or demand, Seller shall, upon written notice from Buyer, resist and defend such lawsuit or proceeding by counsel satisfactory to Buyer or, at Buyer's option, pay for an attorney selected by the City Attorney to defend Buyer. The obligations of this section shall survive the expiration or earlier termination of this order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Seller under this order may be retained by Buyer until all of Buyer's claims for indemnification pursuant to this order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the Buyer. 4. INSURANCE: Seller shall procure and maintain liability insurance, including contractual liability coverage, with minimum limits of $300,000 combined single limits to be effective during period of warranty with such higher limits as Buyer shall reasonably request of Seller. Seller shall furnish to Buyer upon request a Certificate of Insurance evidencing the foregoing coverage and limits. 6. COMPLIANCE WITH LAWS: Seller shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this order. 6. LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This order shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Order, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Order shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ACCEPTING THIS ORDER, SELLER AND Bid 2016-030 12/1/2015 6:06 AM p. 22 City of Delray Beach BUYER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS ORDER. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS ORDER AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 7. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this order and that each is, therefore, a material term hereof. Buyer's failure to enforce any provision of this order shall not be deemed a waiver of such provision or modification of this order. A waiver of any breach of a provision of this order shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this order. 8. ALLOCATION OF RISK: This risk for any damage to or destruction of the goods shall be borne by the Seller at all times until delivery to the control of the Buyer, which shall be the point at which the Buyer actually receives the goods for use and has accepted such. 9. REPAIRS - NON ACCEPTANCE: If any of the goods are delivered in a defective or non- working condition, efforts of the Buyer to correct such defect shall not constitute an acceptance where commercially reasonable in extent and cost, so that the Buyer may still reject the goods where the attempt to repair has proved unsuccessful. 10. PLACE OF DELIVERY: The goods shall be delivered to the City of Delray Beach, Florida, at address stated on the order. 11. INSPECTION GOODS: The Buyer shall have the right to inspect all goods before accepting delivery or making payment therefore. If rejected, the goods will be returned at Seller's risk, and all handling and transportation expenses, both ways, will be borne by and assumed by Seller. When material has been rejected by Buyer and returned for replacement, it is essential that Seller receive new shipping instructions from Buyer before making the replacement. Inspection and approval for acceptance shall be made by the appropriate user department. The expense of inspection shall be borne by the Buyer except as to goods which are properly rejected as non -conforming. Inspection shall be made within fourteen (14) calendar days of the delivery of goods. 12. NOTICE OF DEFECTS: It is expressly agreed that all claims for alleged damages or defective goods, shortage, or other cause shall be deemed waived unless made in writing and sent by Buyer within twenty (20) calendar days after Buyer learns of the alleged defect, damage, shortage, or other cause giving rise to the claim. However, any defects incapable of discovery shall not be deemed waived by the provisions herein, and this provision shall not be deemed a waiver of any warranties set forth herein or in any modification of this Order. 13. FITNESS FOR PARTICULAR PURPOSE: Buyer makes no warranties except as set forth herein provided that notwithstanding any other provisions to the contrary herein, Buyer may have sought the expertise of Seller with respect to the use of such goods. In that event, Seller hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose, a reliance by Buyer upon the expertise of Seller with respect to the use of the goods, or any other similar such request or reliance shall constitute a modification to the terms of this Order which shall effect a warranty of fitness for a particular purpose. 14. TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 15. INDEPENDENT CONTRACTOR: Seller is an independent contractor under this Order. Services provided by Seller pursuant to this Order shall be subject to the supervision of Seller. In providing such services, neither Seller nor its agents shall act as officers, employees, or agents of Buyer. No partnership, joint venture, or other joint relationship is created hereby. Buyer does not extend to Seller or Seller's agents any authority of any kind to bind Buyer in any respect whatsoever. Bid 2016-030 12!1!2015 6:06 AM p. 23 City of Delray Beach 16. PUBLIC ENTITY CRIME ACT: Seller represents that the acceptance of this order will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to Buyer, may not submit a bid on a contract with Buyer for the construction or repair of a public building or public work, may not submit bids on leases of real property to Buyer, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Buyer, and may not transact any business with Buyer in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this order and recovery of all monies paid by Buyer pursuant to this Order, and may result in debarment from Buyer's competitive procurement activities. In addition to the foregoing, Seller further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Seller has been placed on the convicted vendor list. 17. THIRD PARTY BENEFICIARIES: Neither Seller nor Buyer intends to directly or substantially benefit a third party by this Order. Therefore, the parties agree that there are no third party beneficiaries to this Order and that no third party shall be entitled to assert a right or claim against either of them based upon this Order. 18. ASSIGNMENT AND PERFORMANCE: Neither this Order nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. Buyer may terminate this Order, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Seller of this Order or any right or interest herein without Buyer's written consent. Seller shall perform its duties, obligations, and services under this Order in a skillful and respectable manner. The quality of Seller's performance and all interim and final product(s) provided to or on behalf of Buyer shall be comparable to the best local and national standards. 19. SEVERANCE: In the event a portion of this Order is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless Buyer or Seller elects to terminate this Order. An election to terminate this Order based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 20. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Order and executed by the Buyer and Seller or others delegated authority to or otherwise authorized to execute same on their behalf. 21. PRIOR ORDERS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Order that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 22. PAYABLE INTEREST: Payment of Interest. Buyer shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Seller waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Order. Rate of Interest. In any instance where the prohibition or limitations of this Section are determined to be invalid or unenforceable, the annual rate of interest payable by Buyer under this Order, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). Bid 2016-030 12/1/2015 6:06 AM P 24 City of Delray Beach 23. PUBLIC RECORDS: Seiler shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Seller agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the Buyer. b. Provide the public with access to public records on the same terms and conditions that the Buyer would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Buyer all records in possession of the Seller at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Buyer in a format that is compatible with the information technology systems of the Buyer. All records shall be transferred to the Buyer prior to final payment being made to the Seller. e. If Seiler does not comply with this section, the Buyer shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 24. INSPECTOR GENERAL: Seller is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Seller and its sub licensees and lower tier sub licensees. Seller understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Seller or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the Buyer to be a material breach of this Order. Bid 2016-030 12/1/2015 6:06 AM p• 25 City of Delray Beach Proposal Submittal Signature Page By signing this Proposal/Bid, the Proposer/Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm a Signat e 1 01 i G W6f. L C'0 0/N V, , Name and Title 12-r �{ �2di5 Date Bid 2016-030 cQotje(vt 5 Sole ncA-e 2,50 G - �-r--1 LI-: I i G 1 411 -034-� Sk teri cm iZw e� a l- • c -o-, O -0S l q V By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THE EXECUTION OF THIS CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL/BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSALIBID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSALIBID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSALIBID. 12/1/2015 6:06 AM p. 26 City of Delray Beach Conflict of Interest Disclosure Form The award of this RFP/Bid is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Proposers/Bidders must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers/Bidders must disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest in the Proposers/Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this RFP/Bid. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: �To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 12, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. ❑ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: fn WVG- 5�0e5 Firm N mql Signatu e ill "tots CO o N P��`� - Name and Title Date Bid 2016-030 12/1/2015 6:06 AM p. 27 City of Delray Beach Drug -Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Fir Na e 11661) 41 SignVture Name and Title 12-4 Lt -[30 Date Bid 2016-030 12/1/2015 6:06 AM p. 28 City of Delray Beach Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub - Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Date Bid 2016-030 12!1/2015 6:06 AM p. 29 ADDENDUM NO. 1 BID 2016-030 Safety Shoes December 10, 2015 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the specifications which in accordance with the Bid Documents shall become a part of and have precedence over anything shown or described otherwise. QUESTIONS AND ANSWERS Q The return policy is very vague. If the boot is not defective but worn and cannot be sold as new do you expect us to take this back? A The return policy applies to defective and unworn items only. However, the City must be able to return worn items within 5 days of purchase. Q If the vendor is unable to meet the turnaround time request, the bid states that the City shall pay only 50% of the contract purchase cost for that item. What if the item is back ordered from the manufacturer? A The turnaround time clause applies to in stock items only. Proper documentation of back -ordered items must be supplied to the City upon request. Q Is there any preference for a Certified Small Business? A There is not a Certified Small Business preference. Q Is this a new policy to just sell 6" boot or higher to all departments? A Please disregard this clause. BID 2016-030 Addendum No. 1 Safety Shoes December 10, 2015 City of Delray Beach Acknowledgment of Addenda Bid 2016-030 The Proposer/Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFPBid. Th( Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF SIGNATURE OF TITLE OF AGENT NUMBER RECEIVED AGENT AGENT __________ r____ _._� 12/1/2015 6:06 AM p. 30 City of Delray Beach Bid 2016-030 Disco" % Slmd be Based 00 Ve mkez Lai Pima AN Brands and Styles Shag Comply with Spedmtians listed in Bid Dommard DO NOT LIMIT YOUR SUBMITTAL TO THE SPECIFIED DESCRIPTIONS. ALL BRANDS AND STYLES OFFERED SHALL BE SIIBM ITTED, IF UNABLE TO PROWDE.SPECIFIED BRAND AND STYLES LISTED, USE THE PROWDED SHADED BOXES TO SPECIFY COMPARABLE OPTIONS. Item If Brand Style Rne!p--OnGunder Sime(s) s) List Price Discount % Disomunt Price ST. EH Fug grain leather, light vreight 1 Red Wing 5228 directaf ac h Mens 7-15 m A6 1 ST, EH Full grain leather," weight 2 RedWing 5226 diredattach Mens 8-14 W2 23606 Q-61 ) 03. 'iq ST, EH Ftp grain teacher, light weight 3 Red Wing 5227 direct attach Merl 7-15 M ST. EH Full grain leather. fight weight 4 Red Wing 5227 direct attach Mors 8-14 W2 Sato (a c - L -I ST. EH, all leather. olMigere ens, welt 5 RedWing 5525 construction Mens 7-14 M ST- EH, all leather, oblique toe, welt 6 Red Wing 5525 construction Mens 7-14 W ST, EH, all fealher, oblique toe, weft 7 Red Wing 5525 construction Mens 8-13 W2 ®�lq 2� f.9� ST, EH, W fullgram leather. oblique 8 Red Wing 5529 toe, direct attach welt Mens 7-14 M ST, EH. 6` tug grain leather. oblique 0 Red Wmg 5529 toe, direct attach welt Mens &13 W2 (oZ S'" -q Zoo z q9 ST, EH. 6' full grain leather. oblique 10 Red Wing 5660 toe, direct attach wet construction Mens 7-14 M i Z3 ct ST. EH, 6' fug grain feather, oblique 11 Red Wing 5660 toe, direct attach mak construction Mere 8-13 W2f ST. EH, Wall leather. Goodyear weft 12 Red Wing 5335 construction Mens 7-14 M ST. EH, Wall leather, Goodyear Belt �`„ C�j611 i of ] p 61 I LI 13 Red Wing5335 construction legis 8.13 W2 7 aO / - ST, EH Brown oubuck V. nylon ST, 14 Red Wing .00 5175 cememconstruction Wornens 6-)1 M loci L., jq c 10!1-11 ST, EH Brown nubuck w! nylon 15 Red)Ninq 5175 panels, camaMconstruction Womens 6-10 W IZ _y j6 i 103=52 ST, EH. Call treather. Goodyear welt us f IT) �/y 16 Red W' 5345 construction Women 6-11 M 1 cy ST, EH, 6' all leather, Goodyear welt [, �j 17 Red Wmg 5345 consbucbon Womens 6-i0 W �'T- - 7 ST. EK Bfm* leather ad now 'zipper ( 18 Red Wing 5553 panels, side Wortnns 4-15 M - ( 1 ST, EH. Black leather col nylon C# 4 ( r% A9 19 Red W' 5553 panels.SWe zipper 4-15 W (' t /Ci 77p 1211/2015 6:06 �,-v p. 31 City of Defray Beach Bid 2016-030 20 Red Wing 5553 ST. EH, Eh Black ieaer M nylon panels, side zipper Wornens 7-15 W2 �` 4I 21 Red Wing6513 NT, EH, Wall leather, aemem cmtsum ion Worsens 416 M •� c� 22 Red W� 6513 NT. EH. Wall IeaO+er, cement ow�ructmn Wonlens &12 W2 -79 .`l ol h U �t3f>dOIE 13�i8� eiser� a � of 8� t�etylb�lOB$ t►fkBted. (;� �t1Clt1d8, b� nat be itni6ad firs styiB. est price. and dllsmaxlt pt�loge, rumu o i . Lao ,rammu annLL of ounml i i tu. UU IYU I LIMI I YUUK SUt3MI I IAL I Q I HE SPECIFIED DESCRIPTIONS. IF UNABLE TO PROVIDE SPECIFIED BRAND AND STYLES LISTED, USE THE PROVIDED SHADED BOXES TO SPECIFY COMPARABLE OPTIONS. 12/1/2015 6:06 AM p 32 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-091, Version: 1 TO: Mayor and Commissioners FROM: Steven Chapman, Interim Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 PURCHASE OF FIRE BUNKER GEAR FROM MUNICIPAL EQUIPMENT COMPANY, LLC Recommended Action: Motion to Approve the purchase of Fire Equipment from Municipal Equipment Company, LLC. in an amount not to exceed $26,928.00. Background: On February 1, 2016, the Fire Department will hire eighteen new Firemen. Each Fireman requires one set of the following items upon hire: v -force coat, pant with belt, suspenders, emblems, express coat, and express pant. The total purchase amount of $26,928.00 has been quoted to the City for purchase of such items. With time of the essence, the Fire Department would like to utilize Lake County Contract 12-0806M, in accordance with Ordinance No. 29-13, Section 36.02(C)(7), " Utilization of Other Governmental Entities' Contracts." Lake County Contract 12-0806M commenced on June 12, 2012 and had an initial term of one year. Modification Number 1 took effect on June 12, 2013 and extended the contract to June 30, 2014. On July 1, 2015, Modification Number 5 took effect to extend the contract to June 30, 2016. Municipal Equipment Company, LLC. has confirmed that pricing offered to the City of Delray Beach is the lowest pricing offered to any municipality or governmental agency within the State of Florida. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 001-2315-526.64-90 City of Delray Beach Page 1 of 1 Printed on 1/14/2016 powered by Legistar'"^ QUOTE Municipal Equipment Company, LLC ' " 2049 West Central Boulevard, Orlando, FL 32805 f Phone: (800) 228-8448 Fax: (877) 775-2448 plumber 074803 COMPANY -LLC sales@mecofire.com Date 12/17/2015 Page 1 of 5 Ship -to: 1 Bill -to: 4170 DELRAY BEACH FIRE DEPARTMENT CITY OF DELRAY BEACH 501 W. ATLANTIC AVENUE SENT VIA EMAIL DELRAY BEACH, FL 33444 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 Reference # Expires Slsp Terms Wh Freight Ship Via - 02/17/16 85 JOE FOX NET 10 DAYS 01rpnE PAID FEDX Quoted By DW Quoted To MIKE BOYD Item Description Ordered UM Price UM Extension CV -FM -32 JANESVILLE ISODRI V -FORCE COAT 18 EA 1325.00 EA 23850.00 32" LENGTH 7.25 OZ. PBI MAX, NATURAL OUTERSHELL K7 LINER CLW209 EVER -DRI WATERWELLS CLW753 8" ISODRI OVER -THE -HAND KEVLAR/NOMEX/SPANDEX WRISTLETS SF245 2.5" STORMFLAP WITH TWO LAYER SELF FABRIC AND ONE LAYER GORE RT7100 PTFE, THERMOPLASTIC ZIPPER IN, 1.5" HOOK AND LOOP OUT EB513 BLACK POLY -COATED ARAMID ELBOW REINFORCEMENT WITH LITE N DRI CUSHIONING SC715 6" OUTERSHELL SHOULDER CAP REINFORCEMENT CC711 BLACK POLY -COATED ARAMID CUFF REINFORCEMENT CR236 3" SPLIT SELF FABRIC COLLAR WITH TWO PIECES .75"X3" LOOP ON THE MOISTURE BARRIER, MULTIPLE PIECES .75"X2" LOOP TO EDGE FOR ATTACHMENT TO SHELL (NO THROAT TAB) BHS020 DRAG RESCUE DEVICE FBP651 10"X10"X2" FULL BELLOWS POCKETS WITH KEVLAR TWILL FULLY LINED ALL 4 SIDES, ONE PIECE 1"X10" LOOP ON THE POCKET AND THREE PIECES 1 "X3" HOOK ON THE FLAP Continued on next page QUOTE Municipal Equipment Company, LLC ' " 2049 West Central Boulevard, Orlando, FL 32805 f Phone: (800) 228-8448 Fax: (877) 775-2448 plumber 074803 COMPANY -LLC sales@mecofire.com Date 12/17/2015 Page 2 of 5 Ship -to: 1 Bill -to: 4170 DELRAY BEACH FIRE DEPARTMENT CITY OF DELRAY BEACH 501 W. ATLANTIC AVENUE SENT VIA EMAIL DELRAY BEACH, FL 33444 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 Reference # Expires Slsp Terms Wh Freight Ship Via - 02/17/16 85 JOE FOX NET 10 DAYS 01rpnE PAID FEDX Quoted By DW Quoted To MIKE BOYD Item Description Ordered UM Price UM Extension MT548 1 "X3" SELF FABRIC MIC TAB WITH POLY -COATED ARAMID INSIDE, LEFT CHEST CT504-RPY 3" VENTILATED LIME YELLOW REFLEXITE TRIM IN A VIZ -A-V TRIM PATTERN HL02 STANDARD 5/8" X 5-1/2" SELF FABRIC HANGERLOOP LTRP3YNS 3" LIME YELLOW REFLEXITE LETTERS SEWN ON THE YOKE "DELRAY" LTRP3YIS 3" LIME YELLOW REFLEXITE LETTERS 'BEACH" UNDER "DELRAY" FLS554 FLASHLIGHT STRAP, 1.25'X8.5" WITH 1"X2" VELCRO CLOSURE, #703 HOOK WITH SELF FABRIC HOLDER BARTACKED 5" ABOVE THE STRAP, X -STITCHED TO THE SHELL, RIGHT CHEST, WITH THE HOOK AND STRAP ABOVE THE CHEST TRIM MT548 1 "X3" SELF FABRIC MIC TAB WITH POLY -COATED ARAMID INSIDE, LOCATED HALF WAY BETWEEN THE #703 HOOK AND THE 1.25" X 8.5" VELCRO STRAP LP34 5"X18" ONE LINE HANGING LETTER FOR PLACEMENT ON THE HEM LPS6 TWO SNAP ATTACHMENT FOR LP34 LPV13 VELCRO ATTACHMENT FOR LP34 Continued on next page QUOTE Municipal Equipment Company, LLC ' " 2049 West Central Boulevard, Orlando, FL 32805 f Phone: (800) 228-8448 Fax: (877) 775-2448 plumber 074803 COMPANY -LLC sales@mecofire.com Date 12/17/2015 Page 3 of 5 Ship -to: 1 Bill -to: 4170 DELRAY BEACH FIRE DEPARTMENT CITY OF DELRAY BEACH 501 W. ATLANTIC AVENUE SENT VIA EMAIL DELRAY BEACH, FL 33444 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 Reference # Expires Slsp Terms Wh Freight Ship Via - 02/17/16 85 JOE FOX NET 10 DAYS 01rpnE PAID FEDX Quoted By DW Quoted To MIKE BOYD Item Description Ordered UM Price UM Extension LTRP3YNS 3" LIME YELLOW REFLEXITE LETTERS SEWN ON THE LP34 FOR THE PERSON'S LAST NAME LIST PRICE $2289.00 PVFM JANESVILLE ISODRI V -FORCE PANT 18 EA 899.00 EA 16182.00 WITH BELT 7.25 OZ. PBI MAX, NATURAL OUTERS14ELL K7 LINER BHS013 2" WIDE KEVLAR BELT WITH 2" SELF-LOCKING THERMOPLASTIC BUCKLE WITH QUICK RELEASE MECHANISM BL007 3 BELT LOOPS, 4" WIDE X 3.5" HIGH, 2 -LAYER SELF FABRIC, DOUBLE STITCHED TO THE PANT SHELL, BARTACKED ALL FOUR CORNERS FLY233 SEWN ON PANT FLY WITH PJ CROSSTECH AND SEMPER DRI, THERMOPLASTIC ZIPPER CLOSURE INSIDE WITH 1.5" HOOK AND LOOP, 3/4" HOOK UNDERNEATH PJ CROSSTECH FOR LINER ATTACHMENT KP214 BLACK POLY -COATED ARAMID CONTOURED KNEES WITH 2 -LAYER GIC E-88 FOAM PADDING PC504 BLACK POLY -COATED ARAMID CUFF REINFORCEMENT BDP903 10"X10"X2" SPLIT BELLOWS POCKETS WITH 2 -LAYER Continued on next page QUOTE Municipal Equipment Company, LLC ' " 2049 West Central Boulevard, Orlando, FL 32805 f Phone: (800) 228-8448 Fax: (877) 775-2448 plumber 074803 COMPANY -LLC sales@mecofire.com Date 12/17/2015 Page 4 of 5 Ship -to: 1 Bill -to: 4170 DELRAY BEACH FIRE DEPARTMENT CITY OF DELRAY BEACH 501 W. ATLANTIC AVENUE SENT VIA EMAIL DELRAY BEACH, FL 33444 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 Reference # Expires Slsp Terms Wh Freight Ship Via - 02/17/16 85 JOE FOX NET 10 DAYS 01rpnE PAID FEDX Quoted By DW Quoted To MIKE BOYD Item Description Ordered UM Price UM Extension KEVLAR TWILL FULLY LINED ALL 4 SIDES INSIDE POCKET & BLACK POLY -COATED ARAMID 5" UP OUTSIDE ON THE POCKET, ONE PIECE 1"X10" LOOP ON THE POCKET AND THREE PIECES 1 "X3" HOOK ON THE FLAP LGT000 2 LEATHER LEG TABS PER LEG WITH NON -LOGO FEMALE SNAPS PTC4-RPY 3" VENTILATED LIME YELLOW REFLEXITE TRIM AROUND THE CUFFS PM0542 BOOT CUT PANT LEGS RP848 KLEIN TOOL POCKET LOCATED ON THE SIDE OF THE RIGHT LEG, WITH THE BOTTOM OF THE POCKET AT THE TOP OF THE TRIM AND THE TOP OF THE POCKET TILTED 2" FROM CENTER TOWARD THE BACK OF THE PANT LIST PRICE $1496.00 SR842M JANESVILLE 42" V -BACK QUICK 18 EA 55.35 EA 996.30 ADJUST SUSPENDER WITH METAL LOOPS IN THE FRONT AND BACK, RED WITH BLACK PADDING LIST PRICE $96.00 SEW ON EMBLEM SEW "343" EMBLEM ON THE 18 EA .00 EA .00 OPPOSITE SHOULDER FROM THE ISODRI EMBLEM Continued on next page QUOTE Municipal Equipment Company, LLC ' " 2049 West Central Boulevard, Orlando, FL 32805 f Phone: (800) 228-8448 Fax: (877) 775-2448 plumber 074803 COMPANY -LLC sales@mecofire.com Date 12/17/2015 Page 5 of 5 Ship -to: 1 Bill -to: 4170 DELRAY BEACH FIRE DEPARTMENT CITY OF DELRAY BEACH 501 W. ATLANTIC AVENUE SENT VIA EMAIL DELRAY BEACH, FL 33444 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 Reference # Expires Slsp Terms Wh Freight Ship Via - 02/17/16 85 JOE FOX NET 10 DAYS 01rpnE PAID FEDX Quoted By DW Quoted To MIKE BOYD Item Description Ordered UM Price UM Extension ERGGB5005P GEAR BAG, RED, 600D POLY 18 EA .00 EA .00 ONE FREE GEAR BAGE WITH EVERY SET OF GEAR PURCHASED FOR PROPER STORAGE. PER LAKE COUNTY CONTRACT# 12-0806M. PRICES QUOTED INCLUDE FREIGHT Merchandise 41028.30 .00 .00 41028.30 THIS QUOTE IS VALID FOR 60 DAYS ... Last Page QUOTE Municipal Equipment Company, LLC ' " 2049 West Central Boulevard, Orlando, FL 32805 f Phone: (800) 228-8448 Fax: (877) 775-2448 plumber 074813 COMPANY -LLC sales@mecofire.com Date 12/17/2015 Page 1 of 3 Ship -to: 1 Bill -to: 4170 DELRAY BEACH FIRE DEPARTMENT CITY OF DELRAY BEACH 501 W. ATLANTIC AVENUE SENT VIA EMAIL DELRAY BEACH, FL 33444 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 Reference # Expires Slsp Terms Wh Freight Ship Via - 02/17/16 85 JOE FOX NET 10 DAYS 01rpnE PAID FEDX Quoted By DW Quoted To MIKE BOYD Item Description Ordered UM Price UM Extension CCHX-41 JANESVILLE JV EXPRESS COAT 18 EA 936.00 EA 16848.00 7.0 OZ. GOLD FUSION OUTERSHELL K7 LINER 3" NYC LIME YELLOW SCOTCHLITE TRIPLE TRIM 3" CONTOURED COLLAR SEMPER DRI SYSTEM IN THE WATERWELLS AND THE YOKE BI -SWING BACK GOLD POLY -COATED ARAMID BELLOW ELBOW AND CUFF REINFORCEMENTS GOLD POLY -COATED ARAMID SHOULDER CAP REINFORCEMENT 8" OVER -THE -HAND NOMEX/KEVLAR ISODRI WRISTLETS 3.5"X9"X2" RADIO POCKET ON THE LEFT CHEST 8"X8"X2" SEMI -BELLOWS POCKETS, LINED ALL 4 SIDES WITH KEVLAR TWILL 8.5'X8.5' LINER POCKET ZIPPER COAT CLOSURE WITH FR VELCRO STORM FLAP CLOSURE DRAG RESCUE DEVICE LP S 4" X 18" ONE LINE LETTER PATCH SEWN ON THE YOKE LTSL3YNS 3" LIME YELLOW SCOTCHLITE LETTERS SEWN ON THE LP IS "DELRAY BEACH" LP34 5" X 18" ONE LINE HANGING LETTER PATCH WITH VELCRO AND TWO SNAP ATTACHMENT AT THE HEM LTSL3YNS 3" LIME YELLOW SCOTCHLITE LETTERS SEWN ON Continued on next page QUOTE Municipal Equipment Company, LLC ' " 2049 West Central Boulevard, Orlando, FL 32805 f Phone: (800) 228-8448 Fax: (877) 775-2448 plumber 074813 COMPANY -LLC sales@mecofire.com Date 12/17/2015 Page 2 of 3 Ship -to: 1 Bill -to: 4170 DELRAY BEACH FIRE DEPARTMENT CITY OF DELRAY BEACH 501 W. ATLANTIC AVENUE SENT VIA EMAIL DELRAY BEACH, FL 33444 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 Reference # Expires Slsp Terms Wh Freight Ship Via - 02/17/16 85 JOE FOX NET 10 DAYS 01rpnE PAID FEDX Quoted By DW Quoted To MIKE BOYD Item Description Ordered UM Price UM Extension THE LP34 FOR THE PERSON'S LAST NAME FLS521 1" X 10" 2 -LAYER SELF FABRIC STRAP X -STITCHED TO THE SHELL, 1" X 3" VELCRO CLOSURE, RIGHT CHEST M17003 701 REVERSE SNAP, RIVETED TO THE SHELL WITH LEATHER, RIGHT CHEST, 3.5" DISTANCE BETWEEN THE BOTTOM OF THE M17003 AND THE TOP OF THE FLS521 FLASHLIGHT STRAP MT503 1 "X3" TRIPLE LAYER SELF FABRIC MIC TAB BARTACKED ON EACH END, RIGHT CHEST, HALFWAY BETWEEN THE FLS521 AND MF003 LIST PRICE $1914.00 SEW ON EMBLEM LION TOTAL CARE SEW ON "343" 18 EA 10.00 EA 180.00 EMBLEM ON THE OPPOSITE SHOULDER FROM THE ISODRI EMBLEM PCHX-41 JANESVILLE JV EXPRESS PANT 18 EA 550.00 EA 9900.00 7.0 OZ. GOLD FUSION OUTERSHELL K7 LINER 3" LIME YELLOW SCOTCHLITE TRIPLE TRIM AROUND THE CUFFS LOW-RISE WAIST FREEDOM KNEE WITH LITE -N -DRI CUSHIONING AT THE KNEE BETWEEN THE THERMAL LINER AND THE MOISTURE BARRIER Continued on next page QUOTE Municipal Equipment Company, LLC ' " 2049 West Central Boulevard, Orlando, FL 32805 f Phone: (800) 228-8448 Fax: (877) 775-2448 plumber 074813 COMPANY -LLC sales@mecofire.com Date 12/17/2015 Page 3 of 3 Ship -to: 1 Bill -to: 4170 DELRAY BEACH FIRE DEPARTMENT CITY OF DELRAY BEACH 501 W. ATLANTIC AVENUE SENT VIA EMAIL DELRAY BEACH, FL 33444 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 Reference # Expires Slsp Terms Wh Freight Ship Via - 02/17/16 85 JOE FOX NET 10 DAYS 01rpnE PAID FEDX Quoted By DW Quoted To MIKE BOYD Item Description Ordered UM Price UM Extension GOLD POLY -COATED ARAMID KNEE AND CUFF REINFORCEMENTS FULLY BANDED CROTCH FOR FREE AND NATURAL MOVEMENT SEMPER DRI SYSTEM IN THE LOWER LEGS ZIPPER PANT CLOSURE WITH FR VELCRO STORMFLY CLOSURE EXTERNAL SELF FABRIC TAKE-UP STRAPS 8"X8"X2" FULL BELLOWS POCKETS ON EACH THIGH LINED WITH KEVLAR TWILL EZH H -BACK SUSPENDER QUICK ADJUST SUSPENDER LIST PRICE $1089.00 PER LAKE COUNTY CONTRACT# 12-0806M. PRICES QUOTED INCLUDE FREIGHT Merchandise 26928.00 .00 .00 26928.00 THIS QUOTE IS VALID FOR 60 DAYS ... Last Page Serving Professional Firefighters December 17, 2015 Ryan Lingholm City of Delray Beach Purchasing 100 NW 1st Ave Delray Beach, FL 33444 Ryan, This letter is intended to confirm that the pricing offered to the Delray Beach Fire Department by Municipal Equipment Company, LLC is the lowest price offered to any municipality or government agency within the state of Florida. The pricing is established in the Lake County contract # 12-0806M. Please feel free to contact me if you have any questions. Sincerely, "Ie7-�(> Mathew Fenneman President 800-228-8448 matt@mecofire.com 2049 W Central Blvd. • Orlando, FL 32805 • 1-800-228-8448 •407-843 3071 • FAX 877-775-2448 • www.mccofire.com Solutions & Services for the Professional Firefighter : !- - "W-�k LAKE COUNTY F L O R I D A MODIFICATION OF CONTRACT 1. Modification No.: 1 2. Contract No.: 12-0806M Effective Date: June 12, 2013 Effective Date: June 12, 2012 3. Contracting Officer: Barnett Schwartzman 5. Contractor Name and Address: Telephone Number: 352 343-9424 Municipal Equipment Company, LLC 2049 West Central Blvd. 4. Issued By: Procurement Services Orlando, Florida 32805 Lake County Administration Building 315 W. Main St., Suite 441 Attn: Dale West, Vice President Tavares, Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10) days after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend one (1) year expiring June 30, 2014. 8. Contrfctorls Signature REQUIRED 9. Lake County, Florida Name: By:<7 1 I / Title: U f C'g /,o l4) C- N Pro cur ent Services Manager O2 (3 Date: *14/ Date 1 10. Distribution: Original - Bid No. 12-0806M Copies - Contractor Contracting Officer APR - 4. RECTI FISCAL AND ADMINISTRATIVE SERVICES/PROCUREMENT SERVICES P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473 Board gfCount), Commissioners • uvwtirdakecountyftgov TIMOTHY I. SULLIVAN SEAN M. PARKS; AICAQEr JIMMY CONNER LESLIE CAMPIONE WELTON G. CADWELL LAKECOUNTY IF 1 e} R l r? ,A CONTRACT NO. 12-0806M For Fire Equipment and Supplies LADE COUNTY. FLORIDA, a political subdivision of the state of Florida, its successors and assigns through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the Bid of Municipal Equipment Co_, LLC (hereinafter "Contractor") to supply Fire Equipment and Supplies to the County pursuant to County Proposal Number 12-0806 (hereinafter "ITB"), -closing dated March 21, 2012 and Contractor's (arch 14, 2012 ITB response thereto with all County ITB provisions governing, Special Clauses: Public Records All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the CONTRACTOR for or on behalf of the COUNTY shall be the property of the COUNTY and will be turned over to the COUNTY upon request. Irl accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public records available for inspection by any person even if the file or paper resides In the CONTRACTOR's office or facility. The CONTRACTOR shall maintain the flies and papers for not less than three (3) complete calendar years after the project has been completed or terminated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of the Contract, the CONTRACTOR shall appoint a records custodian to handle any records request and provide the custodian's name and telephone number(s) to the COUNT`. Prohibition against Contingent Fees The CONTRACTOR warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. This Contract shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns_ This Contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. The failure of any party hereto at any time to enforce any of the provisions of this Conti -act will in no way constitute or be construed as a waiver of such provision or of any Bather provision hereof, nor in any way affect the validity of, or the right thereafter to enforce, each and every provision of this Contract_ During the term of this Contract the CONTRACTOR assures the COUNTY that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the CONTRACTOR does not on the grounds of race. color, national origin, religion, sex, age, disability or marital status, discrimination in any form or manner against the CONTRACTOR employees or applicants for employment. The CONTRACTOR understands and agrees that this Contract is conditioned upon the veracity of this statement of assurance, A copy of the Contractor's signed Proposal is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. The alttachments noted below (if any) are attached hereto and are also made a part of this Contract. No financial obligation shall accrue against the County until Contractor shall make delivery pursuant to order of the County Procurement Services Director. The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from June 12, 2012 through June 30, 2013 except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for two (2) one (1) year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director. LAKE COUNTY, FLORIDA Senior Contractin fficer Date:�— Distribution: Original -Bid File Copy -Contractor Copy -Public Safety LAKE COUNTY FL0It1DA INVITATION TO BTI (ITIS) FI RF F 1JIP SENT AN 1) SUPPLIES ITB Number: 1.2-08f)6 Co11trsictijig tltficer. 1lnseann Johnson Hid Due Date: March 21, 2012 Pre -Bid Conf, Date. Not applicable Did .Uric Time. :3;00 Dill ITIS Issue Date. February 16, 2012 TABLE OF CONTENTS ENTS SECTION 1: Special Terms und. Cimditlom, Pages 2-16 SECTIONl 1 Stativi nQat to f Work Pages 17-19 SCCTTON1 3: P;jg(cs1!im22 SP'C'.'I ION 4; I kLges 23-91 SECTION 5; Attacllnitmt3 Pages 92-93 PEC"IFIC SC1MCI<TATt[WI Proposal aii(Vor Performance Band Cc1-0lica1c orCompeleilcy/License: Lisdciifiylfcatioiiflrtsiiri�nr~c; Pr -e, -Bid CopifQi,QricclW lk-Thru. ARE AS NC]'iED BELOW, NO appl criblc to this ITB Not applicable to this ITB See Section 1 _K Idol applicable to this ITB At the date Wid time specified above, At Mels that have been received in a timely manner will be opened, recorded, find accepted for consideration. The itamQs, of the bidders submiiiing bids will be road aloud and recon od. Tlic bids will be available for inspection dining normal bushicss hours in the Office of Procuruinum[ ScrviQi;q thirty (30) calendiir clays tartar the official bid due data. When Minter - signed by an atil.horizcd County relx.esenta€ivc, ibis doomnent and ally spectflco.11y idcntitied attachments may form the crant.raci docriment binding the panties to all performance spr:ciiicd h0cin_ Velldfli'N Miall conDpltte 1111d return the cntiret'y of this 1T13 Imeument, and mtach all other infcrrnirrfscus-egUestc:cl in this ITB doctunent (See Provisian 1,13). Failure to sign the hit] respuitsre, or to subinit the hid imc9ponse by the specified time and thtte., ukay because for rejection of I lie bid. NO -RESPONSE, REPLY 1f any velulor clues 11pt Ivant to respond to t191ti Sell ICItation at this trine, or, %yould I ike to be reanoyed fi'ottt Lake County's Vendor List, pkcaisc mark the appropriate spzwc,,, complete mime below nuid rol urn this page only. ❑ Not inteivstccl ail Iles time; keep crus• firm oil I. ikc County's Vendors hist for lhture solicititions for this p�odl lcl f Service ❑ Please remuvc our I irm From Lake County's Vcmlor°s hist for this product ! sl:rvicc VENDOR IDENTIFICATION Corripauy lanae: , 1�J1�1{'t�,$� � 'irr,rie Number: �� T-m;iil Adrtre4s: E`'`ita .[9.�4'i Contact Prfair: 1 SECTION h — PRI:C'ING/ CERTIFI CATIONS/ SIGNATURE S LTD %11 mbcr; 12-0806 ITBTITLE. FUZE EQUIPMENT& SUPPLIES bake Counly is exit pl from all taxes (Feckml, State, Local), flvl6rt should lie less all laaxc:s. A 'Flix 1lxenlplioif CL�rciticate wiII be fLlriiislwd : Dori request. * The vcrldor shall Lica aillcr of amend ally ()l'tile iiifoi-illa.tiCon (including, but not Iimited to statod imits of imealsure, item (1 sc:1'iptjoii-. or gMllllity) stated ill the ISric.ing Scuiorl, If any gUillltlLiCS ori stated rrl thc. priciiig siYctioil as being -'estirtl>la wd" quantities, vendors are advised to rovickv the "Estimarwd Kralrititieq- ckiiise conlatinod iri Section 3 of this sol ieitaxti01l, * latch price offal—od iii your bid shall bu al Iii'ill-tixeft price, of any to L. Any bid coiltaining ar modifying or "csealaAOF" ChRlsc laot ,pecifica [ly arllowod for urider ilia: soliuiialioil will noL be a All pricing simlI be 1013 DeStinatioil URICS'., othel-%ViNC Spf-'CiFILA iia thiS sol icita.Lion doollinclit. ■ All pl"ILing ?11bm fitted shall i`eina in vat id for a 90 Clare pct-iod, By signing and sLabmilting a response lir this salicitaltion, the vcndor has specifically a grecd to this Condition. Vendors iirc itdvised to visit our website at and register as a potentitil vendor, Vendors thitt have registercd on -lime r•eeeive aar c -until motire when the Comity issues. a :solicihition rtrxtehirrg the eonunOtlity codes selected by a vendor during the regis.trsction process. AC KNOWLFI]GENIE, NT OF ADDENDA INSTRUCTIONS: C:or.rll)lete Part l or Parl Il, %yllichever appiics Part I: The bicddei- must list below tho dates of issue for each addondum received in conrioction with this ITB: Addend[Al'i 41, Hated- Aclticttdum H2, Dated! Adi~lcili tum ata, Dated- Addendum 44, Liattcd; Part fl. li o Addcrsidunl was recuived iri r�uai;ctioii with this ITCH. 23 SECTION 4 — PRICING/ C:FRTIF1CATIONS/ SIGNATURE S I'M Ntombur: 12-080 PRTiC:ING1 SECTION (Note'. Not in alphabctical order.) if mitn ul'actit rer listed i* no Ionger iu btes iaic ss, please maxrk atn X thoitgh the uan is twf the firm, If manufacturer listed lies had a n.,Imc chain e, please crust through vendor nawc and write in correct name. if you rcpresent manufacturcr,� that are not lista!, plesxw add additional sheets. Disc6ut7t 1~i�-rem pricLu Ii.q °ln Trice List L"o. SlockIng Uistribtjtor? Yes T.cad lime: No Date. or Price List Hourly rate for repair awl serviec (per hour) Minimum order (ifimy) $ [Iand Iing rr:e ifless roan minimum order NuiTLc?'t'ck.phune/Celill3cepu tpl' Emerge"cy Contac:! l-T;rvc. YOU Supt>licd the reqt_airc:cl Qatulop-s and Lig 1'a ico 9h�Ll', 2. ABLE SHO ME Di%.L urlL rresnr current I)ricC H-4 C?C {1 %o Price list No. Date, of Price Liss Warr itty Stocking Distriburor? Yus _ No l ,cert! time, Hourly iAtc for repair and suvitc S (per !tour) 1 511imum ordu (if arty) $— I hindling _I.iandling Inc. ifless than minimum ordur 1 T ilqtic?Tticpl�r�rrcl e]IfJC eeper or F.magoitcy Contact 1larvc. IML tiulrtxlied the t e an` cl -'j tralstgs and List Prjw Shrc��s't 4 YES YES NO NO SECTION 4 -- PRICINGI rCFRT1'Ia i{CA'rIOXS/ SIGi,VA'1 URE S ITB i+lumbex: 12-0806 3- ACTION Discount from f;tJ17:nr ]UiCC list A) o Price List No. Dow ref Price List Warranty Blocking Disfribittol ! Yc s No_ Lead tiine: Hourly rate for repai,- ar,d w -vice S 11011r) Mi]1i1 ium order (if any) S Harsdling fee if less chn mi iilinium order _ NalTjc: J'cicpltone/Cell/HQQpQ1-of Emergency CoiitwL Have you supplied file 1-9quir4d Catalogs and ],ist T'-iqu Meets? YRS _ N0 4. AH STOCK Diwouati from Current priw IitiL Pric:c L.ki No. f-�- Date oF1'ricc List { u 9wtkirig Distributor? Yki's _ No L•` l.ctrd ti1110: �3 !.Al fE�JZJ Hourly rREC for repair and scrvicc % IVIA- - (per liom) Minimum order ffany) S- 14. 1111nclliatg FCC if Iess rktan 11tiriiML1111 Urdu $ I�rf •- LNan3e rQ1cplinnocell/Beeper ui'Finurgency Contact 7- 4ol- 1.I',iVU.Y0 xu0Vliecl the repired. C awlo ggs aid List Priv ..Shc0L5`? 'YFS NO S. AIM r Disceaultt froin current price 11%L Mrw LisL No. Late of Prig I ,ist _ W,,j1-r.t11LV 2 Stucking Distributor? `its Nu ixeld tiiitc._ Hourly date for repair and strvke S (per hot Ir) UTinirnum order (if my) S IIand ling ice iI'Icss than ininimum order Name:1'I-cicplao9aciC cili }eepe.r of 1;umgvrwy C oriLtaCt I lays }cru suppIicd the rewired Catalo gs and i.isL_Price Sheets? YES N0 6. A„!AX Discount iron Lurrmt price list 1` 0 Price U-4 N o- Fhatt ol`]'r-icc List W -MT-M LY Stoc,kiny, Distributor'? Yes No Lead time-, I Iourly raw ror i-cpair and service $ (pCF lyoaLa') lalinillaum ordvi- (iia,ty) $ I landlijig tet if Ie sw duirl stliniAW111 orrier a I iai�atdTelclat�uncl{;cllfE3ccl cr of L mergency Coma d I Iave xou supl)fiQj IItc rcxluirad Catalogs andI.iat Pri" ShuC1.,,`? YES NO' 7. AKRON BRASS Discoutit liom citrre:ial priec list Price List No, DaaLu of` i"rice L.ist Warranty StockingDistrillUtasr'? YcsNo Lewd tamp: IIourly rsale for repair and service $ (per 1101.11') Mininyum a rdQr (i f any) $ /V& 20 SECTION 4 -- PIZIC:'[I' G/ C'l;lEalFIC ATIONS/ SIGNATURE 8 TTR Numbo': 12-0906 S. Ijafldllfig fCC if JOSS tlian 1111ntn,9L11, 01ACY S TNirit10'1"tic I1011eleeIIlBeeper of FnlergcIicy Contact lave y:kLLj__.jLipD Ited the requirgd Caw Iogs and List Price Shmts7 _ YEs A F j.VN SYSTEMS 63iw+uulkt li's}111 Current Juice list No % Prig: LiSL No- Date ol"Price List studing Ditiiriburor'? Yes LSIu Lead tinge; Hourly r'Me tear rcpuir alid sorvice S _ (per hour) Njiniillitil1 order (if rtrly) S IftLildling fec i I` Itss than minknuin order n NaanelT�lephonOC'cI11 3ecper of Lmergency ConuiL.1 NO I lave yga supplT,iq Price Sheets? 't H —NO 9- ALOCOLl'TT DiSGomit lrum cur-rc1Lt price list _Ufa Price List No.— DaWol'Price List VsWarranty —A—VA- 11- D C 0 C T�I_ Stocking Disir11711tor? Yes No Lead time: I ioarly rate. loll- repair and Service � _ (per holur) Minimum Ordix (if any) AZ d 1k._ Hand Iing tee if less ill kin i1iinjinu m order $ N1tet Name?Teloplic nu/C'cI I113ceper of Emergency Can LacL �- GU � f t_12 - Have you stipstipprl l thc..rgyuired C atalaes-anal T.ist Pl_icc ;S11ceIs? YFS ;alt? 7 SECTION 4 —PRICING/ C EWFII+'l<CATIO S/ S1GNA'1`U ITB Nunllaev: 12-0906 10- I2, AMCREX Discount ftwii curruil price list " f 6( 1) % Price List No, wal-rarity _ locking DistribuLur? Yes No Dair of Price List Lead time: Rourly Fate for uepair and su'vicc (per hoar) M initmlin ordu (i I` my) S 1-landling ice i I' Icss [Ilan winimuln order S _ Nalne relephomiC:e111Beeper of Emergency Con Have you suppl.iud thc.ruLlUi'ed C atalog jul d Iasi Price Sheets? YES AME R1 CAN F'1R6:W EAI Discount from Current price list ' 'C-' "/n Price List No. lakei+l`Prict Lis[ / 12 Warraltty Stsick ing Distributor? Yeo. V No Load time. 1 — *A— A !y Hourly Fate for repair acid suvit o S `4f 1A (pLcr 11011.r)' M initIln111 OrdeJ' (if Rily) Handling fee if luso than nlilki3nau11 order � Nmnt•. `l'eleplloile�CeIIIBQcpt.r or 1Siricrgencu COMdull ['- t i�� { (J_ f r y, I is •� �i Have you lied #lye rccluired Catalogs and I,is# Price Shoots? YES AMERICAN LAf RANC'G Discount froin eurrvit price lis! It%' r' %- � �!�' % Prit u Lim No. Date. of T'ricc [.isL W;trrarity 28 NO NO ST.C:Ti<0N 4-- PRICING/ CERTif ICA'i'IONS/ SIGN,ATURT+N ITB Nmnbor: 12-0806 Stocking Distribuwl}' Ycs _ No Lead dnw Hourly rate ibr rrq)-, it Anti scrvicc S Minimum order (if airy) Handling fee if less than mirliillum oiydcr S, NarrletTeleplioiiQ Ce-II/Recper of Emergeacy Con#aci (])Ql. 11(mr) Have you supplied the requil-Qd C'atalom alld List Price Sheets? Y S 1x10 13- ANGUS 1)isrou11t fi'olti Current prig: l isi 4 % Ilricc. [Ai,L No. DaLe orPrice List WarrarlLy StoL!,kirig 1)istributor? Yes_ No Hourly rac Cor repair and service S (per hour) Milli311Ull1oi, Lr(lfAny) Handling fee if less than minilnum (11 -del - Nn rnclTeJ ophotie/Cell/B eepu a F Fm ur 1l-del-NnrnclTelophorie/Cell/BeeperaFFmur eiicyContact Hayq YOU nLQ�) ied the required Catalogs and hist Price Sheets?� YFS NO 14. ANSUL FOANIS f � I i cr�unL l'1 rrm current }rice list _ /t, G frier; List No. Date of Price List -- Warranty StockiUg Dis[ribk1Lor`' Yes No 1.c ad tinic_ HOLY[} roti; for repair and service S (per hour) [llliTllllln in -der (if any) S 29 S> -i'.0 TION 4—PIUCINGI C:`EIZTIEI.CATIONS/ SIGNAT'13RES ITIS NUMIRX_ 12,0800 II�ar�cl[inicc iI' IONt, tlLEI II minimuin order N,iuielTeiepllcanc /(,'clllBeeper of Emergency c}m4u[ IIave Y-pu miPPIicd the requ[rec[ t atalaLIs fJlj(j 1.iPrice SIrUts`:' YES N0 15. APPL);CROFT Discount from uurrciA price list c) ! Price List No. -Date of PviQQ Lisl Warranty Stock[ng Distributor? Ycs No Lead lime: Ho4rr[y rate for repair pand scrvicc S (Im. hour) k*vI[illrnum order (if any) % 171andling fee if fess than mininlarlrl orc[er S Namo/ I`elephojie/Cell/Rcupur cap I--'mcrgeacy C`.ontaet Have tau supplied the rcgl!ircd Catalogs rrracl List Price WOW? _ YES No ICS, B & B ENTERPRISES s Ill I scount froln current price I i'it AL °fo Price List No. Date of Price List - Warranty :Stockirfg Distributor? Yes No Load lisle; Hourly rate for repair incl sorvic:v S (Per hour) W)ireuun carder (if zany) 5 Harfdling fee if less thorn n-kinirrrurrt Drder Name)'Felephone/CQ I I IR Qcper of 1. atatrgciacy Contact Have you supplied the i-c:clarirul C'alalogS and Ust Price .Shmt5? ` FS N0 30 SECTION 4 — I'1110 LNG/ CERTIFICATIONS/ SIGNA'T'URE, S 11,13 Num b6-: i2-�s�cx 17- B10 SYSTEMS Discouikt From carrent prive Iisf %L( C L (%1 % Price Lis[ No. Date of Price List € TranLy Swuking Distributor? Yes_ No T,cad Limu'. Hourly rale for repair and service S (per !tour) Miiiimnm oudor (if my) S — TTandling fcc it less dull minianum order S Nal,ticiTcicpltcrne.JC ell/Beeper of Emergency {'uMa L is, 19. 1Taue you supplied the required Catalop and l.isf Price Sheets? BLACKINTON 13ADCL+';S Discount born um-1-citt Price losr % Price List No- rajAd- Trate: ol'I'riQc List Stock 1JU I]i�,tril3uft)e? Yes No 1_wd time: Ilourly 1 -ate lur repair and service $ AjI A(Pcr llorir) Minitiiuia1 ol-d r (if,aloy) ,y 1.4 IIancll.ing, fix il`Icss Moan adniamin order _ hTaaneFTelcl I,{mcJ{'cllJl3eclacr of Emergency C onmQk IIawyotj supplied the req uired Cquil ogs arncl I, iit Pricc Sheets,' BOUTON CO Discount f -ow curreilL price list g Price Lisl No. Date of-' PriQQ List Warranty 31, YlIS NO � - YIDS NO SECTION 4 — PRICING/ (:l,RTHOI(::ATIONS1 SIG"NA"I'URES ITB Number: 12-0806 ;tockiltg Distributor Yes_ Nu Lead time: 110ur1y rate for 1-e1)"Mir and service -S (Pa Hour) Ivlinimkmi order (if any) $ Handling fee if less than minimum order Nai)icl'1'elepitonerLell/Beel)er oI-Ein rgeny C ,ionic' Havc frau sullied the required Catalwgs and Li:,,;t Prim Shcfcls? YF',S _ N0 20_ BULLARD Di"Counl from currew price list k C. /5l Pricy. LisL No. Date of Price List. arrauEy 84icking Di.5tributor'? Yes No I'm] 0111c: n,c: Hourly file for repair and service S (per 11011r) M inin,uilt c rdcr (irwiy) S Kincllilwg Ice if Icss Ihan iniiyi num order 3 dn,t+ ]'cic�il�t nc![ c91113ccper of Emergency Contact 1-1-,ivu yLL sjgppI ied tire. required Catalogs and List Price Sheen"? -- YES NO 21, CARNS & BROTHER Diwcoum Imam current price list F! C % Price List No- Date of Price List warmilty Stacking D slribuEfli'? Yes v'� No 1.c s�cl 0131c: ?' — ! L•0 1-1001.1 rxtc for repair and service S (}ger hater) Miiiiniun, order (Wany) A) 32 SECTI[}N 4—PI IC."INN/CFIZTIFICA')t'YONS/STGN TIJIZLS 1TR Number, 12-08061 I handling Icc i less, Lhali jujohmim order S A!11"4 NamelTeleplhcrnc C cIIIL cclaer of Emergency C un(iic-t Have YOU SUj)pliccl Ilio Catalog gnd List Prif.s Sliocts? --Yrs NO 22- CALIFORNIA MOUTE Discount fi-cnr currmL price list % Price List No. 17-7 Do to of Price: E.isL Warranty Stocking �- Stocking Distributor? Yt�.q V No Lead time; H[aurl}= r�ste foi' rep{�ir aitch scr aec S rlf� - (per hour) Mininumi order (if any) "IV 1,4 Handling fee if less 111,111 ininimurn order S iNanlc.?'i°cicpl�ane(C'eIUL eep� r cel' F.inagency Contact: Have: you supplied the VC(ItlirMl {';ilalQV and List Price SI3tcls? 23- CAST IARC DUCTS 1)iLim wit froin current pricQ Iiia ,fit/ C' P>' " /) Pricc List No. Waarrauly SLuL kiii,g DjStribLOW 'k Qs No. Hourly rate for repair and suviuc $ MIIIi1llkun ORION' (ifany) S _ Lute of Price List (PON' hm]I-) HanuMug fee if less than minimmv order Narlic? FeleplionefCell/Beepu of Filic%clicy C"olttact i-i,ive you suu)lied the re€Itlire I CataIm ,—, and List Price Shoots? _ YES N0 .33 SECTION 4 - P RICIN G/ CERTI F1 CATIONS/ SIGNATURES f T5 N u i i-kher - 12-0 8 0 6 'If, 24. c LlmijA'rT Discount t' olrL ctirrWiL Kriel; list 014) Price List No. Date ofilricu Lill W arri my Stocking Distributor'? Yes No Lead lime: 11rruri rate for repair a i)(I urvite S ( r 11{ILII') M i ii i m u i n Order (if any) S Handling fee if less than milkimum order S NLiliio?'l'elophoneiC'eiLlBe-ebur col' Hincrgcncy Contact H�tVC r )Lr SLiI)]lietl the requil-od Q'Aalnj�_s and List Price hcut,"..'? , Y LAS NO 25 CHIJ13I3QFQAJM) Discinjirl from Current price list ire, % Price List No. Date of Pricu I,itiI Warranty Stocking Distributor? Yew Alio I,ud—d LiIrrc; I-Ttru ly rate for repair and service S (per hour) N4inimLim order (if any) UjiflLlllTlg lcc if less tlum llll[I11mum nrcicr 8 1�Lit�e,''TclePlrt�rLclt .ell:°iSeej�er (if F.mixgQricy Contact Il ve )'{}�� u a lic[I Lite regL�irecl C'a11aI459', MLd List Price Sheets? Y H -NO 26CHURCHVILLE obsolete? DiSCULITlt FI -011) CUrl'e91t pfkiG li' L C > d % Price I,i�q No. Date of Price List Way lnin ty 34 S k C.TION 4 -- PRICING,/ CL+'WrIFI T'IONS1 SIGNATURE S ITB Numb} 12-0906 tQeking Di"Iributor'? Yes— No _ Lead dinki: Iloutly= 1 --mu for repair and service S (}ger Baur) Minimum or(kc r (i I'm y) Handling ire if lcws thaai minkinim order _ NamelTelel�l�fa��c� 'c ll l cclxcr of I merlPncy C-miluEL. Have you suIjlaecl tate rcipuirul Catalogs and UEst Prif;q-811ct s'? 27_ CIRC UL AIR DiscaUnt ii'oiii Qui ivit. price Iis[ % Price List No. Date ol' Price I ist Warrant -v Stocking Distributor? Ycs o I.scacl time; Hourly rate for 1-upair and xCrv!cc (per IL our) Mi[aultwn order (if,ally) Handling Im if less than minimuin order i x��a�cl`I'elephone1Ce111Ficcfacr taf IsitycL'gency Colitili:t Hay(,. V0jj sn lied the 3'0(jkLiT-Ud Qitalogs and List Prate ShM,"'? 28_ CODE 3 Di5COUIlt from current britt EA. % Price List Flo, Date of [ ries I.isL Warranty Stocking Distributor? Ycx _ No— Lead Hourly rate for repair anal tiervicc. S (leer hour) tt kimum order(if any) S 35 YES-- NO Y LS NO SECTION 4 — PRICING/ C_L++ N.`lI ICTIONS/ SIGNATURES 1113 Number: I2-0806 34. 1-1widling fee if less than minianum order Nuilictl'cicplioileJCcll/Beeper of Elnert epwy Ctnaluct 4;,k c_vou supplied the re€ uIred Catllog iitid 1.i"'t Pricc Jlcets7 YES NO Diwouwat from current price list _A1 u P-) Pricc i.ist Nita. Dutc oaf Price List WKarrmaty Sttrckhtg Distributof? yes_ Nu i.Qad lima:= I iourly rKatc Ii m- rcpair and service S (per Dour) Mill inlum ur-cicr (i f tori}') I Iancl1ing I�,u i I" Ium, t1-kari milliallum order S_ , Name+TelepJra�ac?('cull cclaer of Linergency Contact I have you sLipp, ud tlrc req aired Catalogs and.l.,ist Price Sllce '? Discoont Jrt}ua mrrcart price list Price hist No- Date (}f Puiw I.isl _ Warranty Stocking Distrilautor,2 Yes No � Lead time: I Iourly vatc liar rcpair atrial .service lurur) millimuL11 ord r (if Billy) S J 4J 1 4 l Ialldlilit; tee iI-Icss Haran ntiraira11.1111 OrCier S A � Nar1lelTelepholiLQI(.'QIIIBceFacr of Emergency C:ontavc Have you supplied the .vtyuirod Catalogs and List Price._She4ls? 6 SE I'I ON 4 — YIUCING/ +CERT1 H IC:A`l"SONS/ SI NATU R ES ITR Number, 12-0806 31, COUNCTI,T( OLS Discou It fi-ow Qw-rvnl price I ist N C; Price List No. Date ol'Tricx List Wail'allty Stocking Disfributur? Yes No Lead time: Nourly rate for vep} tir and sCrvico S (pu Itic ur) Minilllllin order (if any) handliug fee if less flltca1 111iliinirull order $ Nailldi'ele.pllone Cell/BQQl)cr ol'l incrgcilcy olitaCt Halveo,su lied file 1-Qtpircd Catalogs and List PriceSheets',? 32- CUTTERS EDGE DiSCunalC fL0111 Current price WiL Price List leo. Date of Price l,isl Warranty SSuacking Distributor? Vc" No Hruuiy rate far repair and serviCc: (PCr hour) 74M iii iniuin order (if any) _ HaudMig fcc if less than minimum ord ;r S l aati��+'] cic hoilt'C elElL�eeper o1' F111C1-g0ru;Y C011tatct YES NO Havc you supplied the requirod 'CULUIMUS wid List Price Sheets? YL1125 NO 33 CW NEI Diwount from current pi`iQQ Iisl % Price List No. �`' _ Date sof Price List- ) ti, -C Warranly /A- 1) 37 SEC:'"1ION 4 -PRICING/ CERTIFICATIONS/ A't'IONS/ SIG A'1'URES 1-113 Number: 12-0800 Stouking, Distributor? Yes V N o Lead time; } ' I Iourly raw Cin- rcpair and service S____jW(por loth j Minim m rordur (if any) S g Handling tee if Ics,; than LIrininlunL order S r NamcI Telepkme/C'QI I/Bocper ofEmergency C;onlud .f lave you auppIiLd the rgcltLircd Catalogs and hist Prive ShLxIN'± `f YIDS N0 34 CORMAN RUPI" PUMPS Uiscou It fl"om Curri'.frt taricL` Ilst ' i / L/ % Price List No. Date of Price I,i.I Warranty Stocking Distributor'? Ycs No Lead [isle; Hourly rate for repair and urvice S (per how.) L'4l inimital Order (Lf aily) Handling fee if less than minimum cutler Naitleffe1ep11oiLelCQIIJRQePcr (Il' 1, 111ergetlCy Contact ljrLV0 VOLI Slipplied the retlLIiri:dC�LIUlogs and List Price lle�1 ' , YLIS NO 35- DARLEV & CO A Discount from current 171'iUQ Ii%L ¢ J "' ? / /-) % Price List No. Date ofPrke Liwt Warranty _ Stocking DistrlbUtor? Yes No Lead tlNile: Hourly rate for repair anti wrvicc S (per ] oul) MililnlLllll order (If any) 3 SECTION 4 —PRICING/ (:ER11FICA'FTONS/ SIGNATURES ITR Number: I2-0806 1.}unc6ling fi:e it fess t[mn nlirtirnrnu order S I s�� cdT�l�l3liur cl e111'L#ee er # EmcrgCncy Contact II; v }cru ;ut,plicd the required CaWk s and List Price liwis? YES _ NO 36. DAVID CLARK Discouni 1 -rum came A price list . /L., Price Lisl Nil. ])tits. of Price List Warranty Stocking, Iii,LIihuL0C! Yes Nu Lead time; Hourly rate tier rcpair and service S _ (per 110Th) Minimum order (if alNY) S I lairdlir�g tet, it legs, Lhan ntinirmun ordw- S Nance,�Telephuj3cr`C'ul]iB:Lcpej• ofEmerg;eliey C'.i viact FlAy you sula} lie.kl 111C.rucluired Catalogs am.] fist Price Sheets'? YES NO 37_ DO SMITH INDIAN •rANK Discount ti -ow CLUTCH IVIC0 list 0 C % Price List No. Frere ofl'ricc List W flrrant} Stocking; DistribuLoi? Yes MD Lead tithe: I-lourly rate to]' i-Lpuir and service $ _ (per hour) ,minim Order(iI'm ky) Handling fee iticsw Lhan jniniininnorder N,tme)Telrrphcinc/(,ell/Beopei' ofEmer!rQncy C miiact Have You Sul l�Fed the a-equired catalog pail I A -A Pric:c. Sheets? _ YM NO 39 SEC"I'ION 4 — PRIC:1NG/ C Fa RTI FICA: F[ClNS/ S1 NATURES I TB Nuplibu: 12-006 38, DIC:1 E TOOL Discomit rrom +current priec 11,;L L 1 . % Prick List bio. Du1Q, of llriec List_ WwTarfty Sticking Distributor? Yeti e No— [.V Ulf of.VUlf (mi)e= f lourly ralc rbia repair and nrvicc (rci hour) Ttflinilnuni order (if any) S 1-ftalidling fee if less ft -in mininium carder S 1�ltantcJ'1'r Is ItorielCel]fDeel er (if Vincrgency Contacl I i fc You UR xlied the regcrir-cd Catalogs and List i-ic:c Sheets'? YF..S , NO 39, I. RF r1. DismiM Iria111 UTCatt Price IESt NO � / °fo Price I,iwT N[t_ Date of Price: List Warranty Stocking MMribtator? Yes— -No i Lead thus: I Dourly rate 16- repajr and service $ (per h(aur) Minimum order (ifany) S— I Imid H ug IImidHng Icc if Icss than minimum iardcr S' _ NamelTeIQp11 ri UcH/Beeper o I- Fmergc i icy Contact f 1,1ve yotb s,,Lpplicd the required Q11alowi and List Price ShtLA-0 YES NO 4d1. DUO SAFFITY I3isc; unt Ifinik current price list � % / Price List 1d t). I 'a Date of Price TJ Warranty 40 SECTION d -- PRICING/ CC'Effi'IFIC Tic NS1 SIGNATURES ITB rvwnber• t2-0800 Stacking DititribULor' Yes— Nu t'{ Lead time; Hourly rate for repair and service S (pvr hour) Millimilin 01-dcr{iiaity) $—Al. ' A- 11tll1Ciil11�; t�L" df Icss titian It11111tllllln Clrtit:r � � � : ,+ �1irtLs�Telel,hcar�cl{ eilll3eeper of F% wi-goll`7cy Contact J Have fou Stpplictl Lhe rccluired Qatalogs and hist Price Sheet.? + YES NO 41. EDIS N Discount ftow 4UrrunL price list Price List No. Dulc of Price List Warranty Stockin , Distributor? Yes No Lcad lime - JI OLLrly inc-JIaLLrly rate for repair wid wi-vicc S (per hour) minilnuat ager (il'any) 1�rutctling fee if less than winintum order S Na niefFelephonvfC uIllk3eeper ofEmergwwy C'.nntact HaVC yacL SURRJiCd 1110 rccladred Catalogs and Last l'a'ke Sheets? YES NO 42. EEl1'VARDS ANT) C'Ft[)MWELL Dintount €'rant can-ont price list I / 11ricc List :tae Dow of Ili -ice List_ Warranty Stocking Distributor? Ycti No Ltcad ti Nile: HotLrly rate for relhiir and gcrvice $ _ (per 110111') lvtinilLaum order (ii -:illy) S 41 SECTION 4 u- PRICINICI CE.WtIFICATIOWSI SlGNATURES 1113 TYt mbar: I2-0806 Flatidliijg tie i r leas than minimum order S 1V tttieiTelel lu�3�c�C:ell±i eeper of Fmcrgency Coutao Have you st pplied 1Itc required C utalc}s and List Prig YF.S N0 43. EDWARDS NTR Discount from cutrcnL price list _A1 y}'" 1 % Price List No, 1)Me ofPl'ice Liwl arralit Snacking Uistributonfa fes cr Lead time. I lourly mic for repair aild scl- rice S (}ger hour) Iviirtiinum order (if any) HL9T1dIi1tg fee if less than winimum order antis J'I'cic liouef ell!I c cr of Gtnergelwv C'oiltact I-lnve yo L, su lied_the i. cluired Catalog and Lim Price Sheets? YES _ NO 44. PJAHART BRASS DisctauiA frottr current peke list a "� Pricy. 1 AU No: 1 — Ti'ajte oC Price list 5tooking Distributor? Yt s v- No— Lead Liifkc' I — 4s— t,1 1-1nur[y rate for repair irnd service S—AL1, {Per ]tour} Minimum order (if any) 11.an(mrig ree ifless thali miriiinum order S - lama'l'e.loplione?CellIBccpor of Emergewy Contact L a i 4 7 1_[41ve yLnL w�lieci tl�e rmjllircd Qata[ogs q1 1.iq Price Sleets? ` _ YL.s No 4 SECTION 4-PRICING/CERTIFICATIONS/ lGrNAI URES ITH Nullli}:e0: 12-090.6 Disco�int fra�rri curiere# l�ricc Iisl C,7 Price f JA No. Date ul` Fricc List Wuranty Blocking DistribMoll ye: -No Lead time: Hourly rats: for repair and Survittc S (per hour) Min imilln ord . (if ally) $_ I landliiit; Ica; it lass than minimum order S Name/TelcphonclC:ell/Beeper{si'F'1llcrgency olit'd lilays you -,upplic-A —le renuil-e<I Catakogs and List Pricu Sheets? YH'S NO 46, 9N VI'I:ND,4 I.1I { ttrou I)iscomit tkorn cunont price list— 2) % Price List No, �+ — Date ofPricc 1.isi �5 Warranty _/ ek eL SIS Gking Distributor? Yes No Lead time; Hourly "rale Cor repair and service $��. * (per haiur} Minimum order (il'any) $ I17 1-1and] ing fee i I' Iess tharl ininimum order Najrte!TelephoiwiC'eIWeeper of" F.ircrgclicy C01AR0 Have yolu sm}7}71 M the. required Catulogs and Lisl-Pric.�::4hcets? ` YFS NO 47. FEIDLR.4LSICNALCORP Discount from current price li-A Price List No- 1 - _ Date ofPriue I,im 43 SECTION 4 — PRICING/ C'FRTTF1C:A,r10NSJ SIGNATURES FFB Numhcl': 12-8806 Stocking Dislril iaor? Ycs "' No Leal flune. ! — k kt(, 3 l lourly rate for rqwdr w1ri service $ +� +'� (per hour) MinInium order (if ally) S .I Handling fee if less than lnimmum order S Namel'relephc1n Cc.11!Br uper ol'Emergency Cont;lit Ic Hat" ; �QU suppiied th,q. i-Qg1 iires and List Prictk,Shcejxj? YES N0 49. FIRE HOOKS UN1,1MITED DkuounL From current pricu li�,L Z % Pricc List Nobate of Price List- Warranty 44f , t ;a... Y� .��j �✓ f�� Stocking Uistr[buroO YQ.,Nig T gad lime, 1— y— - Hourly rate for repair and suvicu $ (per lkouI-) h Minimum order (if ally) �� AJ r } Handling 1'cu iCIeS5 thall 11311111n.lJlll ordcl. A— Nu1n&Telcphone/Ce1VBeeper (W FnicjLgcncy Contact b c Orr H,'jVC_-«« su) )lied the required C:11W10 god List Price Slieets? "` y1:S NO 49. FIR6:I)EX Dk-counI 1'rom cm -rent price. Iisl +� % Priru Dist No. Uatc of Price List Warranty Ste} king Distributor? Yes— No I,.cad Lillie'. Hourly ratu for repair and service S (leer houl.) Minimum order (If tally) 44 SECTION 4 — PR IC :1N G/ CERTIFT CA T 10 NS/ SIGNATURFS ITL Numbix; 12,M6 6 HalidIitlg fee if less thiln mininnlIIi order S lYa�� c� l' .l� lslf lel el�t'Lie � e� ol` Fiklurga ocy Contact HHvc yott supplied the re€IOrd ('11wk?s wird List Price Slues? so. FIRE 130WER Disumlr l l't�0111 current l)riW list + G' % Price list No. Lute of Price List Wirrailty _ Stocking Dislributor? Yes No 1 ,Qad 61nc" I lourly rate for rcpalr acid service S" (per hour) iMinin1uln w-dcr (ira3ty) $ I lankiiiiig rc, i r Icss Iliad ininilnum oj-d :r S N oils+TclLl?I�t�lticfC'cll�"i CC }CI' of EinergE;my C outact IIave you supplied the required Catalog., wid hist Price Sheets? 5L FIREQUIP Disctrunl li-oni ctwretlt price list --A' v 9 Prig List No. Dalt of Price List arrailly Stmking Di4tributor'? Yes No Lwid time: 1"Icruri}' rAU for repair acid service S (per hour) Minimum ordor (if city) $ Handling 1Cc i Hct n titan miniinum order $ Nalnu?TeielilkollelC:ell.?i3eeper of Emuguoy Cullact IIaw YO , Lipp Iiud the teyuir'ed C:ataloga viii Us Price Sheets? 45 ACLS NO YFS _ NO YFS No SECTIO 4- PRICING/ CERTIFICATIONS/ SIGNATURES ]TRnumber= 12-0806 52, FOLD A TANK DiSUDI-1111 CLUE cMeut PTi€ Q li%t J e: °n Trico List No. IAGate of Pricey' List ! f / _ WLtri-wity kt M"u r i) Stocking Distributor? yes No L aid Ome: � 4i 11041rly talc for repair and survirw S (]qtr hour) Miatimurn ordu (if 011y) i ,VIA- --I IandIing, ree if less than 111inin1ur11 ander Nante�T l hnrfclCclifL#ee}�er cif Fmcrgency Contact IlaVeyoat �jqp slie,l the feclajieed Cat4k3wi send List Price Sheets"? 4— YLS NO 53- GEMTOR Discou[it Ito In current price list _ � �7 % Price List No- Date of Price Dist Stocicilrg r*iLrihutor? Yes_ No � Lead I i mu: I Iot,rly rartc l )r repair atjd service A_ (per 11011r) Iland ling fcc if Ices thkin mininttuu ul-Ok:r`flA- Name!'felophuric/Co 1113ceper of Grneromcy C'mklact I Ia ve t sdippiicti t170 required Catalogrs Price Sheets? �-` YES NO 54- GLA,SSMAST ERWL1-1It Discoum Ii-oant cI-u-rcitt price list— Price List No, Thite of Price List -„/z"vc--, f ol1 'W'arranty . i'� G' ,V `C -T-0 :1- 46 SECTiON 4 - 1})«KING/ CERTIFICATIONS/ SIGNATURE Stacking Distributar? YQ% �' No Lcad bine: 1, 1 -?1- fJ A- j 5 ,. Hourly rate for repair and :servim S (pU 110111.) MhIi1tlLIM order (if any) S— A)/,A- Hal md I +/,A-Handl ing fee if less dum minunkma t)vdu S N�nrtLl'l"ulel itottel elllL3eel�er of 1~,ntc guru :y Coalucl. H�JVL 'tru sup, xlicd the required Cats kip,aild List 1'i..ceLficcw 55, CLOBE Discouni from curretif price list " Pricc. I,ist. No. F)irtL.` 0 PricL LiU wpirralay Smkirig Distributor? Yes N47 hud linic: Hourly raLe for repair and service S� (lacr Iif) ur) ivIiiiilnum order (if any) Il;1i1clling dQc itlives (Laic rnlnimum order $ Nanlio!TvIuplio rL,cIIlBeeper of Emergcncy Contaci YE. ITB Number, 12-UiS 6 NO flaw°e }'cIqi supplied (lie.. required Catalans aii ld 1, t frits �� c��'x YL.S NC) 56, CFII1'k 0Rp w pi�ctimml I'l-olli Current Price list ° 7 Prit u List No. P.11C oi-price list warraltly .Slacking 1)isti-ibalor'? Yes Na_ i,,C',Lci trini;. Hourly rata for rg)air mid service S (pa hour) ivliiaimmun order (i I' any) 7 SECTION 4 PRICING/ CEWr1 1CXr10NS/, SIGNATURE S 1'FB Number: 12-08W 11"lrtdling fru if Icsw lhall nliilit111in1 order 3 N�t3rieTelepl�ol� 1{=u11113cc#�cr offinergenev C'oiEiicl Have you stat?1)1iQd fhe required Catalogs 91d Li s1.I'1'iCc Sheets' Y F, S NO 57- HALL DIRE PUMI'S Discount. fi-o 1 culTCCA Pl'jCC list - - Price List No, >�att �lI` Pric.0 Llst ► �' � `� 'arranty4=14 l'A, 4 r r�:rC,5 ` 7 Stocking Distributor? Ycs No Load time; � — L7 Hourly rate f€sr 1.e1ai3. and wcrvicc $ 'V14 (Pu hour) M iuit)1unl order (if ally) S I'/ +- Handling fee if less t11,111 WirlilnUM order N oiler`7`cple phone/Cel I/BeevpQr o Fiinergen(cy Con act 0 y Huvo you supplied the recltrir�,d C a(aJt3j:_,:s and List Pricehvu. _Lti`? 6_� 'YIDS NO 58, HANNAY REEL 1)hwoLint Froin current. price. Iist °/P / Price List No,_L4 – b 1 071 — _ L_ Date of Prig f ,iwl Wan-ailly 961,446d -r— )) Stocking Distributor? Yuw No v Hourly rata for repair olid service. IAA (pur Maur) i Minimum order (if any) S Handling lee if less than minimum urdcr Nail ict1`elephonelCeIU13ceput-.vl' Fmorgency Contact I lave yUu 4 upV IJcd the req uuired C'cwi IU �uttd LJst Price Sheets'? � YI.?ti No 48 SEG'7l'ION 4 — RRICING1 CEWFIFIC'A'I'IC>f i S/ SI fy NATU RES I'l'13 TVUMbOr; 12-0806 59. HARRING'I"ON Dis-uukmL 1'rotn current Trice list a Pric u List No. TILtU of Price List Warranty _ twking 17imrillutor? Yes_ Nil Load Limc: Hourly nitc liar rcpair and service S_ (per hour) miC1a1111n11 {11-da(ira«y) - Ihand Iilig Ise i r leas IIian anininuun order NaaneiTelelalxi)nc!{:e.11Jl3cel)or of Emergency Contai;L 60. bl Have ypo sopl}.lied [11e required Catala.g0,sjmd TAM Price Shcets'? HAZARD CONTROL Discount 1Toa11 curr nL priec i1St ;. L %n Price LiM Tlcs_ Tate of fPfluc list Warramy Sracking DiwlrihutorY Yes No_ Lead Banc: I lourly nate Ful- repair and service $ {I,ur JLOUr) Miahnam ordu (il'Uny) S I landling Lee if Icss [Maui minimum order a_ Name/Tel ephonafCcI I/lecher of Linergency C;ontinl lave yoti., aupplitti [hc rcy�aia d C:�atalo fs iCl{j I,,isi Price Sheuts`' I I Is BERT Di5COLInt f1"0111 aurruiit prico Iist /� �' � � f Price List Nu. Date of Pricc l.ixl Warranty 4 YES NO YE -NO SECTION 4—PRIC"ItNG/ CERTIFICATIONS/ IONS/ SJ[. NATURE Stockilig Distributor? Yes No Lend fine; Ilou rly raw ror rcpajr and service $_ (I)cr hour) Minimum c)j-cler (if any) S I landling tpc ii-Icsh than rniniminn order S_ — Naive?'felrr.phc ile/('ulJ/B epos' OfSniergeltcy Contact I t�-JVC voK�_ 1°crlrurcd Cguiloes and TJ;( Pt-icu 4hccts? 62. HOLMA,TRO Discount tom currcnt price Iist IV i Ili -ice List No, Date of Pricc I.isL Warranty _ Stocking Distributor? Yus No Lead Lime. H urly rate for i-opair and %trvicc (J)Cl- hour) N1 inirnunl order (if any) Handling fee if lass thmi minimum uiAcr S Najnef'l'elep]Joatie�C erlIIRCCPCI; of L'mergency Contact ITB Number: l2-0806 YES NO Haul you supplied tl}e rccictirCd Catalogs and List Brice Shcets? YES NO 6'i- HUMAT Discomfit from mini -Q It pri4c IisI A11(+' b d) % Price List No. Unte of Price last Warranty Swuking Distributor? i'es Nu Lead. t11110: Hmirly r-tto for repair ,Anel servitu S (per flour) mifllmmili dreier (ifa 11 50 SFCTION 4 - P ICING/ CERTIFICATIONS/ SIGNA URE S ITL3 Number: I2 -MI5 llancllilig I'cc irks% thutn minilnuni (mlcr" NainelTelcpltir)lociCelill3eeper of Earn-gucy ColllacL I ave you soppl icd IIIc «glairecl Cate lop and 11,1 Price Sheets? _ YES No fro. HUSKY Discomfit Rom current price list V u % Price List.Nu. Daic ol'Price List a rranty _ Stocking, Dislrihutcar"? Yes No - Lead time; Hourly rate for rel ;tir and service S (lace Irour) mininutin order (if arty) ti _ Handling fee 11 lt.ti c 111kin iniiihnum order fi__ NameffelephonulC'cllfl3ccper ofLinergeacy Contac fry -lave. you sttpplicO.hu requlrcd Catitl4g'S a1lCl I,itit Pr icc. Aieets? 1.1YDRAS111rLD Discount Iron) f'ur-rcul Pl'it.c. list Price List No. Date o1 Pricc List Warranty Stocking. Distributor'? Yc5 No Lead tune: Hourly rate far rcliair and �crvice S (por 11 our) lvliallnum order (iF amy) S Handling fee if less than mirlilntutl order anye�'1'eleplianelf`tllJlicnPcr ol'Emergency f-'ontacl YES NO Have you suapIied. (hv requircd Calalo s a� nd List Price Sllccts`? YES _ NO 51 SECTION 4— PRICING/CERTIFICATIONS/ SIGNATURES 1TR Number, 12-0806 Disc.LKu1t from current price I is Priuc list No. Date of Price l,i-;t war-rallty Stocking Di�,tribkttor? Yes No ].cad tirnoc 1- OL11-ly rate for repair and survicc S (per houl.) Mill1113L1lli Lkrder (rt any) $__ I-I,tndllrlg I012. if JOSS tllilll t1lilli r1L1111 order S Nalnc.o'1`cicplloilefC:ell/Beepel- (fl' Fmcrguney Contact I la c ytau s uppiied the rec iirpcl Ca(aloft: aIId List price Sheets? Disci-iunt frc:n) current price list _ ori Pricc List No- Dale of Price List 8rl-all t y St.wking Dimrihutor? 'des_ No Lead LilnL: f Iotwa y rate~ fur repair and service $ (per hour) t+lini11 uin order (ifarly) S II,lndling Icc if Icss than inininlum ol-d r 11allle Tc Ic ilc>r�o: L'cllll3eepei of Cmc:L-rrcnCy C:irrltact _ Y LI S NO I11ve-ypL, s+tPtrii d the required Catalog and hist Price Sheets? _ FS IN 0 68. JANES'VILLE Uiwotrnl Ifs m t.urront price list %u Price List No, AIIA Dmc of Price List A l % 5 SECTION 4-- PRICING/ C'F.11TIVICATIONSI SIGNATURES ITH Number: 12-0806 Leadtime: I4ourly rare for repair find service S -N1--4--.(gaer 11CUT Phi iaairiiuin order (ii`,uay) $,� 1-landling fee it' lees dim minianum order S Nztane, Telelalac�n �C'cIlJi�eepei 0f l muguluY C 011tact a / Have you suppliod flu, ret sired Catalogs rtij{j: [AsL Price Sheers? YES N0 69. JUSI'MTE Dkts unt from cuarc,nk price list % Prier. List No, DaLe orPrice List Warimmy - Stucking Distributor? yes No_ l.cad (i tile: Hourly rate for repair and wrylee _ _ (per 110111) Miikiinum order ( i F any) Handling fee if 1wis Lhan aaainimum or€Mor TY�r�racl'I'cleplioiae+C lllF3cu c3 of Emergency Contact Have you supplied the TQQUined Catalogs Saki I:iLit Price Sheets? YL`I e l(l 70. ,1V MM, f}iCbu�lt I'ron� currant PriKC lis[ C} V "u Price Lis[ No. DsaW cif l'a'ic List locking Distributor? Ycs No— Lead Lime: 1-I«ur[y date for repair and service S _ (er 1101ar) 53 SECTION 4 - PRICING/ CERTIFICAMONS1 SJGNATURES ITD Nunib . 12-0806 minimum order (il- my) HuiidIi,7g fee if less th4in m irniniuiii order. S_ NiuriCPl'eleplione/ ell/Rccper of Emergency Contact 11;LVU. yQu su QlfliQd the retlUired C'gtOLIIQand List PriuQ S'Iice IS? YF —NO 71- K T{}{ i 'VC Di.scotisit frinrk crureit't priee list % Pricc [,KL No- Date of Price 1.isl — Stwking Distributor? Yes No Ilourly rat fix• repair and servic:c S Minim4Gm ordLcr (if any) 11jirttlling fcc if less than miniEli urn order° Nillllt;`Tcicl)liUne, CelliDMINI- fIf F:111ergcncy Collt lCt Have you w _ p plied tine regiiirecl C ilaltr-s aiid List price .SYES No 72- KAPPLER Discomfit ii-mii currciit lance list N 0 � °lu Price list Nor- Date of Price List Warranty — Stocking DisirihutUr? Yes No Lead time; hourly rate for repair and service (leer hoar) Animum oi-d °r (i Fatly) S I tandIing tee i I' less than miiiiinui11 Order' }t NamefTelepbouQlC'.c:lllBeeper of)lntergmuY ('011t,-tct 54 SECTION 4 - PRICING/ CE, RTIFIC'.ATlt NS/ S IGNATURES 1713 Number: 12-0.806 IIavO yo L! su VI ied the 1equir —d Catalogs and TAL ]]rice SheetA YES i N 7:3. KENRAI,1, 111.10 DCfC:TS Discount 1'n Pin current price Inst .(0 Price fist No. Date of" I'ricc List— Warrailly Stacking Di:;tHbUrar7 Yc� _ Jo Lead Time= I Ioudy i-atQ l'or rcpair and suv'icc S (por hour) Minimum order (if any) S- Handling 1oc if Icss than minimum order $_ Z arJle� Ic Iclilurr7c.'Gel]}IIee1�c�' of Emergency Contact Helveyo1l. slip lied the ve,Iuirp6 C.ritaky s and List Pricc Shcets7 _ Y LS No 74.KOC-111M Discount b-om ctiErrcnt price list Price List Noy — Date of Price List } ,! 12— Warranty 2— Steck-ill" DiSh-ilILLIM' Yes N€� Lead time; ±`—t i4I tloudy Taw Iur vcpair and servic;c'I' (per hokir) millimum ordcr (lfally) 8i _ 4— HandUng foe if icsx than minimum urder f ari "VeIophorlL /Cc 11/13eeper of Fill ergcMY C'011t''KI Hgve you strppli clLhc required 1C uta-] ig� and List PriQc S'hcots? �'` YES NO 75. KOEHLER NIM CO DiSCO unt trc}m c uri-ciiI price list 0 VAT -4- W j' I'rice List No, �. -- Unte of price [.ist 2 55 SECTION 4 - PRTCI IAC ,/ CERTIFICATIONS/ SIGNATURES warranty Stoding DistributojI Yes_ No V' Hourly rite 1 -or rMa[r gild service: S (pm- himr) Minit7nnn orcicr (il`my) $ 4-- I1a-mdIing liar i [" Iem than minimum order S Affk ITI3 Nti ebur: I2-{IH06 NaiifiOTe#e1}hoitc/CcI[/Beeper of F,magency Contact t iave voia gippl.icd tIic required Catt loW� acid List Price Slimtx', YES 1?l ] 7(a.. KLISSMAIII, Discount from cLaren I price list _ f % Pride List No. DaLe orPrice List Warranty el: AIST �� L Stocking Disti-ibuLiar? Yes Na Lead ti ae: e r [' J Hourly rate for rr pair anal :service $ f (Per hour) Miniinum order(iFmi } f Handling fee if fess than iiunivnim Order S /I Naiibel i'elepllone1C,,u1I/Re-eper of Einergenq Cc in tact Hive you supplied 1h+:,. ��cluircd CatafwTs.and HA Price Sheets?`` ` YLiS NO 77, K IK RAZE Discount tom currcnt pa° s:o list % Price List No. T -Mu of Pr! cc List // 0 1 Warranty SLocking Distributor? Ycs No_ lam` Hm rly rate for repair tract wrvic.c (per how.) 56 SECTION 4 —PRICING/ C ERTI I+IC AlIf NS/ SIG TURES Minimum order (if any) 3 � 11,9ndlili Jcc if IOSS t1la11 Millililuut order _ { Naaliel-]'cicl)Jione�C=oelUReepa of Umergency CoIlluct II vs: YDLI..W,' plied the requircd Catalogs and T.i-g Price Sheets`' 79. LACROSSE BOOTS []istounl [moil curl+eilt pritu IisL +� % Price List No. Date sof Price List_. Warmly Stocking Diswibtttor? YC _ No Lead time: I Iow ly rute Cur repair and wrvicc S (I�ei' halrrj l laudlin!r. Icc i I' less than mini inuiik order Nalrlel`T IcJ71�t�lica'C cllf eeper s. i His7ergerlcy {-'(mtaeL 112ue Vu l'l�12lied the renuird € atalo s� and NA Price Sheets � 79- Ll FE1,11NF.It4 Uiscouut frilrkl CLINVrlt price list + d`0 Price List No. Date of ilricc List_ Stacking DWributor? Yes No Lead time; Hourly rate kir repair and service loin.) Mir)inu m order (i I'm ) Hand Iing fee. i Hctis than ininimkim order TxJa�rte l`ele��h nc�C',cil?Ltee er of Flnur9crlcy Contact 57 YES JTL` Nlur7>bur:12-OE06 NO YES NO SECTION 4—P111CIN C:1C.'ERT1E'I[:'A:IIDNS!SIGNATURES I laye yQu 1,Ll[)plied fhe'U�gfihCd Catalog mid.l. st Price heefs? 80, LIONS flNlli'ORM Discow,olt rrolgl cun•eilt l�ri�c list '��+� PriQu kill t~lrr. Datc. dFrice List warr;111[yk-1,.4 LU I T C,e--C- 6 } SbDcking Dkilribu#cal'? Yts No t" Lead tinw-. — 5 Cl A-V 110111'1y I.Mu for repair alld wry ice S)) (I)er hath) Mitlll]1111T1 urdcr (if ally) + ',I f� Hand Iing fee.: iC ICES I[ML1 kninllnllm order S, Na1ntlTele-pht nc/C+elUB"per aaf Emergency C olilnt C-:- Have vats X11}}dial the required Caw ags and List Pi: :iSJS1tie6S? - 81- LOUIS Pi VER i)lscottjlt frtrllti t LMIlt l)rice lust /V U & Price List No. Date oi' I'riuc List Warranty Stocking Distributor? Yes leo Lead thile: HOUrly fate for repair and service. S (Por hour) kmill 1t1111lll order (i r ally) Handling fee it Ices IIhall ininilnuoil (Wiler S~ Nanlu+"Ielepht111clt:e]IJL3ee er r)f F,mcrgcncy Contact Hiiv[ VOIL stistlP�11itri the rccluired Catalogs and List Pi is cSiteers? 82. LOWELL 1]iscotult ti'0111 currcm price list Price. List No, Date. of Price: List_ 58 ES r . "YLS YES ITB Ntirnbur; 12-0806 NO N() NO SECTION 4 — PRICING -1 CERTIFICATIONS/ SIGNATURES 1'I'B i i1mber; Warranty Stocking Disiributol"? Yes- No Leel time; 1 tottrly rtqc 1 -or rupal r and service S (pur hour) fMinimurn + rdc r (if any) S 1-1andIing lei: i I' loss than minimum order rV it7ae '`4 etelal�c}nc C.c1U13eePei' of l~morgCncy+ Contact 11 -lama : oppI ied the req uired Call ijgg& ritici List Price 5bcut�L? �3- MVAC INSTRUMENTS � J Uiscolillt ti -nn, current price list Price List No. D, ato of Price list _ Warranty _ Stocking f)istrihuL(ar"? "Yes_ Nu Lead L LM: Hourly rate for 1-Qpuir wid service _ (per ]tarn) Minitnum ordu f aiky) S Handling fee if icss Lhtu1 Witriffltun order N -Li ieiur' l elephone/C uII/ icopff of Emergency C'.cenntrtct FiElve votivoti �;kjp,licd (lie required.C„atato and List Price S1 cl '� �4- MA 1I rL C )tsoount fE0111nurrC1111 pfiC.e list 6 �U Price List No. Date of Price L,isl Warranty _ SLocking Distributor? Yes No Lead fume.; Hourly rate for repair and service S _ (Per hour) 59 YES YES —NO NO, SECTION 4 — PRICING CERTIFIC"A'I`IOMr-id SIGNATURES A"TTJRES 1TB Number: 12-0806 Mioinmm order (il any) S ].Isrndling fee if less then mini) ain order 3_ — Narnc 't'elepl�anefCelllf �r per of ElnergcLWY CGIN[Rct I-lxvUrs_� u supplied thu r_ quired Catalogs and i,ba Price Sheets? _ yLI'S N 85. 11'iARS IJC;IF T Disu ourrt from current price JisL % Pricc l.isL No. f.7aw 4)f Price List Warrun Ly Stocking Distributor? Yts — Na Lo -P0 lime: Ilo[11.1Y rate for repair and 'sorvicc S (Vcr hour) Mini.nnin cit ler l ifi ny) — IIanciling ler: if less than 111iilimw11 order S NaanelT0clsljt)iiclCo1l/Be+eper tai Fri-lergencyr Covitacl I Iaye YQ11_�urxplied the requii-0 Caw Icogs mid List Price Sheets' YF;S NO 86. IYY cpRontim's Discount frulit ULU CIA pl-ROOIist 0110 Price: U.41 u- Aj — Date. oi,Prirc Li Stocking; Distributcor? YesNo Lead time:; % — Z of Hourly rate 1 -or rrrpair and servicc $ � (per- Imur} IN-Iinimm 01-der(iI'ally) $ J Iand Iing iec i I' Ics.s tjjan iniliiill uiii order s Ad f AName "felep holic.CcII/Beeper of 1?murgency Contact 60 SECTION 4 - PRICING/ C'F RTIFIC'ATIONS1 SIGNATURES ITU U Mimbel ; 12-II9.06 H-avc You sup pliQd. jh%rcqulre�l Catalu" P and List Price 5hectg? r yFS N0 DiSL'OUNIL tram r urrcnt price fist_ ;Yn Pricc List No. I)aLe OfPriee [.,i�JL SI -ticking Distributor? Ycs rNu — jV'.itl Libre; [lourIy I -ate for repair and scrvicc $ (per hoar-) Minimuiii order (ifialiy) -$. I [an(I ling fie if loess than Ini11irnui111 order S 1�lan,c:�"l'uir hot7e, �'.ell�`I3r cerci' of Emergency Contact IIave,.yc}u'iu)aiied the roquired Catalogs. and T,isl Price Sheets? _ YES _ NO 88. IMC}RAN FLASlil Diss Vunl from current pric c list c.o Price T.i%L No. DaLc or Price List.- warranty Swking Distributor? Yes No— Lead timc= llonrly rdlc I'or repair and scrtficc S _ (per hour) MiniIli urn ordcr (irally) 1I-Illd ing Icc if less t[um ll,inimuill order ',S_ Nanwn'uIcphone/ eliIRQQ rcr of Lmeggency C uiktact Have yOu.�urrraIied the red oired C kitalo.�,and List Pricc Sheets? YES N0 89- MORNINC PRIDE, Diseaunl I1'Critl currellt pr-rcv Ilst Price [,iwd Nil. Datc ol`Price List_ 61 SECTION 4— PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 arruilly 5wking Distributor? Yes IN Lead Liirte: Hourly rule for repaiar and scfviec $ (per holIr) NlirliTlILnIl 01-dCf (if ally) $_ 1-I4indliikg 1'cc if less than ill inimunf order NalyVT:Ic pllcmc?Ce1VBeepvr ofTnicracrlcy Contact I lave you qup xl ik cd tlic reclu rQd rued List PriYES NO 90- MSA Discs unf from cm -rent Price list r L if:J l Price Liwt No- Data of Price List Warrality Stocking Iii sLrihutiaf'? Yes Nu Lead lime; I lourly rate Rm vc puir and service � v (Icer flour) Milli ti) u11i order (i I' ally) 1kuldling f�c i I' Iuss thrall lnill ilaluill order NamelTe1el)honQ1C1 IVBccper ofEmergeucy Coil I laveycxi suppl icd IIic required CatR1pgs ni id_lJM Price Sheets? _ YF S N0 91- NATALF (CIRCI�F, Di5COUIlt ii'o'n currulL price list ,{ � Price List No. I aLe ul' Price List Stocking Distribulur? y0; v_ mo Hourly rate tbi- l-Qpair uld service S LVA (per hour) 62 SECTION 4 ^ PRICING/ {'EM'll+"ICATIONS1 SIGNA GNATURE S tTL; Number: 12-0806 92 3, Mil}imL1111 order (ifany) S N14. I lancing Rx if less Eli an i1iininumi order S Lll NKalil i'Felepliti[)C/Collli3eeper cri-Ty,mcrgcrIcy C011tact. Iavey_tru sial.}1}lied th g requiE . C:�fidlup wid l.isI I'd rc Sheets? " YRS NATIONAL FIRE L-10SE Discouilt fivevi un-rcnt Price list 0 / Price List hats.. ,�i r� Dal cif 1'rice List i� I/ / � Stocking L iMfibutoel Ycs �/ No_ Lead tine. ! -- 5 C, AY I am rate for i-Qpail-ani suvice S A' /AJ (per hour) 14andling fee if les:; Lhan nimil inn order S_ .,L Name+Telel}I�cr�tic;(:cllll3cc l�cr of 1 inert enc y C ontuct k -lave YOU stap IhiVcl tIW_rcc`uircd Catalogs Rncl I ALA Price. Sh7ccts'; YES NOVA Discount from ccnrernk price list % Price List No. Date of Price T.kL Warranty Slockiitg Distributor? Ycx No Lead time: HOUrly rate for repair and scrwit c S' M iIdIII iidi Order (if ally) S Handling fee if less than miniawin order Name1l ehephone/CelFBcupL�r or Emergency Contac (l?tr IWUr) Have �'OLI sLIp])hiech,the riquircd Catalogs and List Piiw Sliccls? YES 3 NO NO. Na vcr10N a-1'lUCI NG/ CFRT[ 11CATIONS/ STGN A,rURES I`I'13 Number. 12-0806 94. NUPLA Discount fr0111 cul -runt price. list Price List No,- ' 1 - Warr1rnty t I F -1 _T f A" r - Stocking Distributor? Ycs 1, ` No. Lcid time: �` ±� �' � :� v_1 Paijo o1'PrIc;c List ;2 HCALrly rate for repair aril service 1r I (pCr Iuour) Milli III LlM order (ifmiy) Handling fee if less than minfilluidl order 5 Narrtell'elcphonefCeIIJFIc der of 13morgency Contact Havc �fju supplied the rLytired Catalogs and List Pais., Shuc(-_.? `� yL 95, PACIFIC REFLEX ni:sunm[ rrnnrcurrent price lisp t'_vS _jam u' 1/10 Price List Ido.- Date of Price List I Warranty Stwkiilg Distributor? Yes No I'Qud Lurks: //]- _0 '-vI 1 Imirly r atc for repair- alld Euvic $ A21(per houl) Minimum Larder (if airy) $_ Hail rllinv fee irless than Ili inhnum orcicr $ _ - Nur<icjTdcphonelC:e1UBeepur of Rinugcncy Curstacr 1, v }uu sup} lied the res air cl C lfls> s aisd List Price Sheets? 96, PAIRATECH Disa;c mil 1roitr current pries list ' 2 O. Y'I,s €gib Price bast No, - Dots of Price List 2W2_ Wamully —I D 6,- S1",CTION 4 — Pit ICING/ CER.'T TF1C ATI0 N S1 S1 C. N AT I J I Z 10 S r rri Number: 12-0800 Stocking* Distributor? Yes No bead Lirlli:= / , A J ('l i 1-1rru1-1y ruts far iTP.lil- Jancl urvicc Si '�,l��. � (per hour) M inirtlral)k order (if any) S /V I A I Iun(rlirig ree ifless rhan minimum corder S_ ,_ NumoTdopl>one/Cell/11 ccpcr«fLinergency Con NO I Iftyc: you supplied tine rec oirucl Catalogs and LJst Price 4lrccl;'' `' YI:S N( ) 97, PARTNER DiwounL ti- m) Current price IJA i? Price i.isi No. / Date of Price I,i;;t Warranty I v � Stocking Distributor? Yes_ No Lead time; IIourly ruic rur rcpalr and service IySininium order (ifany) S_ IV I Irrndfin lec if lass than minimum nrdcr S t'/,v I 1 ;Jrnc'?'I'cicpltntteJ eli?Deel�e� 111"9 31fcrgencyContact Ihave ,yuu s+-pplicd tile required ClItAut S Mid List Price hecr�'k `j YLS NO 98- PAUi, CONWAY SHIELDS J)ikoJ111t 1i'(Inl UUrrcJyi price list Price 1 rir4 I' o- Date of P ice warranly A Stocking Diwiribu1u,7 Yes No Lead time; A ffe j / l lorrrly lino liar repair and service: $ l (per hoar) iy9inin>uJrJoi-der(irtnr ) IA - 65 SECTION 4 — PRICING/ C'EkfIFICATIONS/ SIGNATURES ITB Nipinhar: I2-0806 I Iaudling fee if fess than minlmimi order S /V 14 Nairne/Tclephtliie/Collf 3ceper of Frnu1-gcucy Contact Ilfove.yc>u xupplied the required CK1talogs and I,:ost Price S9teets? 4 `YI NO 99. PELICAN Discount film cuiTCNtt price list Price List TNo. 1p .j— Dulu of Trice Lis A - Stocking DiMribuliW2 Yes i�`~ No - Lead time: a� C ) t4-1/ HOUrly rate for repair and Service �± (Pcr hour) Handling fee it le^sw Maxis winiuu m order S— NIA Naiii.;1'1'elephane,fC'=elltRccper o[`Emergency Contact Have you suplAW the rUlui«d C'gualop and T,ig Price ;Sheets? —fYF, NO' [00, PGG PROTEAL], IAScorurt from cun-um lance fist I 13 Io Pricc List No. Date of Price I,iSL warrolity Siocking Distributor? Yc5 _ 1 I.Gad dnhce Ho►Lrly rate for repair and scrvicc S (pir IIULI0 M iniinum order (if my) S Hwidling Pee if less thaia minhilunn order $, _ Nantcl'l'elephone,+Cel11Bc:ma of Emergency ContaU Have you soplied ffie requii-cd Calalogs and List Pricv, ShcutS') YES NO 66 SECTION 4—PRIC WT/ CERTITICATI( NNI SIGNATURE S ITU Number: 12-M6 101. PFIOFNIX DiscourA rroil1 current price list e Priee List No, Date ofl'rice List Wan,aray Slacking DisiribuLor? 'Yes— N, Ixud Lime._ I-Tourly rate for repair and servkv S KIir3i3,71nY3 (31 -der (iFally) S 1-LindIing Cc e if less than ininimum ordcr- N,,in,c?"1`cic1)Ii0r1e,'C.elliBeep .r Of Hill[-urlu C011t6ct (per hour) l,Nvu yqp .umVl3etl the retlrlkl-ed + i;,iir3gz,,..;jncl List Price Beets? ' F� S N0 102. PITRCF,, Discount traill (urI-C11t price li5t �! � t+ % Price J.isl Ncr_ Date ul`1131ce List Warranty Stocking f]istriillutor? Yes NL)- Lead limc_ Ilou rly ratu 16- i-cparir amid service S (1,er 1101,117) Minimum ordvi— (ifuny) S IJandlijig 161 if Icss IIwt7 n3itiinu in order S NamelIticlah 3>acl(`clllL3ceper of Emergency C crnlud Ii laveyc�u 9uppIi A Ll required Catalo�nt�.i i�;Hlricc: Slleois,2 YES _ N0 1U3. PIC EON iV1i]UNTA IN1NQUSTRIIC Discoc3[It fl,-Olrr curret)L price lis# C, Price List No. Bate 0I Pricc l.isi Warranty _ 7 SECTION 4 — PRICCINCI CERTIFI ATIONSI SICNATlaRES IT13 Number; 12—G806 Stocking DiMvibulor'? Yes No— Load time: Hourly rate foa- rpuir and scrvire S (Por (tour) imill ianuin order (ir ally) S. Handling fee if less than minimum order S Name1Telephone!CeiIJFlc{per rrf Linergency Contnt Havc you supplied the rcgui,_ecC and List Price Shooltr? YLS N0 104, PLANO Discount from current priuc li-st I'TiLX I.Jsl No. Date of Price List Warranty .Stockiiig Distributor? Yea No Ixad LIIrIC; E[taul'ly 1`00 for repair and wrvicc S . (per hour) Minimum order (if atny) S_ [ jundlirrg ]'cc if Iess than miniCumi (11-dcr Nuns tfcle}'IhonelCe IJBee )e]" {]1 win rgciicy Contact IIave Yuu LaiyoIJed the required _c ata10a9ad List 1'r[ce Sleets? _ Y1 S M() E45, R & R FABit [C'.r' TORS DisQo11a11 Irom ourreant price list M. Z// 7// Z Pricc [.i.-iLNo. Date of Price List WarrunLy"At A)ikFt�g;+ St[11�hing Disiributor°? Yes Nu t� [.ead linlc. - •—I- I L % [ Tui v raLe Carr repair and service , ? (per hour) minianalm order (if any) S NIA - 68 SECTION 4 - PRICING/ CERTIFTCATIONSI ,SIGNATURES ITB Number: l2-tl8tu) fi-,inclling I: e irless than nlutinnuin order S NainelTeWphunclC:eRIBeeper of Fincrgency Contact have_}'cru sAipphcd the required C it;ilo -s anis List Price Shucts ' `SES 106. RANCIF 1iBER Discount h- om a urrctat price Iisl % Fhice List NU. Date of Priice Diss Warranty StockinE; DiSITihtator'? Yes— No Lead time: -Iaurly rate for repair aild .service S— (per hour)" Minimum ter&v (i r airy) S Handling fee if Ices tlwai niiniinum ordor Naiitcl'Telephone/Ce.ilIE3cepur of Emergenq CoIlluc.E Have you suuial_iQd 111c required C atalot.-s minis I.i L Price Sheets? Y E? NO 107 RAWH IDE F1Rf.H(}4F Discount fi-ani curreril price list /v �a a�% Ince List o. Pac ol`Frice List_ Warranty Stocking Distributor? Yes No Lead [line: Hourly rate for 1 -pair and service S _ (per how) M lniinum order (if any{) S. Hwidling Fee if less than ininil sum order S_ Naritci'l'elepkio-nelCtlllE cc.I�cr of Eniergreiwy Crmlacl Haut: yotL supplied tlje rrtluircd Catalogs �ind_T rist Prier. Shoots? YES _ No 6 SECTION 4 — PRICING/ C'EIV11FIC'ATIONI S/SI(aNATURES 1'1'11 M n ber; 12-4'06 108- REDHEAD BRASS IN coapt from ulirrent price list / �' u % Fric e List Nor.-. 14 Date of Price Last Warranty—"A—MI' G t ai`: Stocking Distributor'? 'acs No Lead time: /-71 A_ S HULIJ'IY rate for repair aurid ;crvice A-_ (]ger hour) Mininimn order (if aiiy) $ A114 Handling fee if less Win minimum order $ iV ii�,t l'e Ici lac nelCel I/BQ xr of Emergency Caplet:[ i-lay... irLL supplied flip_i-vgsiircd Catalpas and List Priu Sheets? Y HS NO 109. REFLHMTE Di5i imil from current prlcc Iisl 41, 12 14) Vdcc List No. ]Cate of Pricc List Wurrsinty Stocking Disc-ilautor? Yts _filo LQud tinge: IIW1I-IV rate for repair and service S (per hour) 0inirt,urn uL6dci' (if any) f 1t1n(flirig rcc i l' iess #1}{111 n, ill in,illtr ovdt r $ Nainto,',rLit iit)i}ciceivBeeper or Fticrgcncy contao have yo 1,LLI)pEed the requirW Catalogs amid List I'vieu 4ltccts? YFS N4 1 W. RICE HYDRO CO. Diswunl from current prig: list � Nn Price' I JA INO.5 Date tii-Pi-iuc List Warral,Ly A -i 11 ' 70 SECTION PION 4 — PRICING/ CERTI F1CATIONS/ SIGNATURES ITB Milnhcr: 12-0800 Stocking Distribut.oO Yes No Lead Ii I IciuHy rate for rep aia- and service $_ (per hxrur) Mill iwum order (if {ally) f ! II andling fee if less thnn mininmill ordel' 3 I I 1ai111e+Tc I l�lloltefC elll ccPcr of Emergency t:rMMOt I lave.y su_xtrr�nliecl tits rec]�rir cl (:.atalop aliO I. xt Pricc Sheet's'? � YES _ O M. SCHAS Uiscomit kroll I current pric u l i st +0 % Price Lisl Nu_ D aLe or IIrice List__ Miry;ality. tockilig Distributor? VC" _ o_ Lead time: t101111 mic I"taf repair El Lid Sur vicc S _ (Pel' haul-) h'liLiimuill carder (iifany) S- Hand Iilig tcC i f less Illal1 ill 1111ill u1a'E order S_ Name, 7`QIcI)lrcoILUIC CII/Beel)er 0I' } nterg ucy {intact Have you sjippl jest tlye leauirgd ( akalos� and List ]'rice: Sheets? _ YIDS _ NO 112. SCOTT AVIATION L7isc04111t h-0111 CLUTel7t pride list Ll c 1-12,1,, Price List No. I uLe of Price List warntalit-y Stocking; Di-;Lrihtuul'' Yep _ No Lead time: Hourly rate for repair Ind service S (per 110m.) N]iiii C umn ordf—Ir (iFaoy) $_ _ 71 EC:'TION 4 —PRICING/ CERTIFICATIONS/ SIGNATURES ITR NLimber '. 12-0900 1hand Iing Jcc iJ,less titan 111111 i Pil u I I I Corder S NaineiTuWphoiIOC:cU. heeler 0I' FI"crgcrlcY Co11WvI I -lave yill] Lmpjj[jL1 [lie r grlir.d Cutalo s and List Pr-icc Shce s7 _ Y LSY N 113. SL•"CURiTEX Discount from current price list Price List No. Date of rice {.gist 1 alTarity Stocking DistribuLot`7 Yes- No Lead fime; Hourly rate fbi,roupair and service Miiiihnuin order (il Arty) S Harldlirig fee if less than ininimum ordtn- Name4eiephone/CCI II}3ccpct of Emergency Contact Havo you supplied tl�q rcquired Cata pg!1 ;jnd List Price ShVrL'' YFS _ NO 114. SrNSIBLL;PU[OUNT.S I)isccauut 1i-oin Qurreiri orrice list--A" c) ! % Price List No, Dato of Price T.i%L W rrar}ty Stocking Distril}ulcrr? Yes Na I.exril tiille, Hourly rate for 1 -chair and service $_ (Per 11MLr) pAillil iam order (iFaany) Vlandling fee if less than inininmin order: Name4eieplloneiCol I/ eclier of Eiyturgi, ,nty C olitact Tiuvr you supplied tljQ i? squired CaFal[rand List Nrice Shceh? YES - NO 72 SECTION 4—PIUC:INGI (`H:M'IFIC'ATION S/ SIGNATl R.LeS 1TRNumba: 1 -CaGO a 9 5, 411tV [�T4 Discouat from currtrlt INke list. Ili -ice List No. Date of - Price UsE Warranty Stocking Distributor'? Yes_ No [.cad tune: How ly rate fcIV rpjiI- Mid service S (pu- houd') MinilrtUuM order (il'any) $- 1- ILM-llillg fee if lew thalk minimum order S Nanit? l'elei hone1C€;II F3ceper of Irt7wr-Unuy CGntact Have You Supplied lllq rirlrurecl �jpgs'�'_'Ld List Prkc Shccts'? YPS NO 116, SFIPL Y WOLVERINE /pf D iwourSt rl'0311 current I3a'liU list Pi-icc list No. -A//4, Date of Price List i i ,+ r r Stockin'g Distrib toO Yuw No— l,cud tinct:: / --- A+ _ I-Tuurly rate for repair imid service _ (per htnnT) Mininwin order (if any) % --------- IV /4-- 1 jundl ingif less than rniikimum order S A)/k N,irlicJ'1'tleplioltelCell, ccper of EnlergenuY ('011MG1 j)u supplied t1jC rPquircd C'atalo s marl IIA Price ShwtsY f`'S YFS � NO 117. SNAPTITE 1-li-wounL Cram current price list "a TSriQQ I.i:st No. 1 Date of Price Lis# WarruriLy 73 wur][ON 4 - PRICIN G/ C ERTIFI CA`1`IONS/ S I(,iNA' URE 1TL3 Number: 12-0806 Studing Distributor? yc. No Lewd tnnc: Hourly rate for repair and mcrvicc �� _ (per hour) ;N'IiaLinIann Under (if any) $ 1, Ilaiadling rix if Cess than winirnuin order _. 11L_ ;atne�Tcl��,Crt lrc ellr`f3ccl c� Of L•'.ItlergeLlc}' (70311act { r1 2-f` II"Cave _9p xeippiied (lie regjPivcd., 'g1g1cgs fan€I 11i t 1'�'ice 4l�ee[s? _ �` YLiS iVt� 118- SNORKEL Discount Frum current price lint Price List No, Date sof'Pricc I -isI Stocking Disiribuitv'? Yes_. No Lco-ad untie: murly rate tior repair and ser%If;o $ (pUr ILour) m [Ili inunt ordkir (i r rally) S Handling fee iF"lc�s ihan inininnian order NanLelTelephunelC.`e 11BCeper orFiliergeney Contact F1 ave you supplicc] tCi{ required Gta#ri1{ €clad List Prl_ce S11eCLS'? YFS l 1 19- SoUTI I PARK DiSCOUnt from Cul"rcltt price Ilst � % 0 % Price List Nu" gate ofPricc Lis[ Stocking Distributor? Yes d,""- No. Lead time: _ / —l4- HOLLrly rate for r[: air wid service S. (Per luau`) Mililmuinorder iraiiy)Si 74 SEC"TION 4 - PRICING/ Cll RTIFiC'A'1 ON51 SIGNATURES 1'M ua-Lb r' 12-D806 Hati ling Nu ik Icss than Ininil,Euflt ander S- N amoffeleph u i wiC 011/13 CCPQ'- _Namoffelephuiae?t_'eil/13eepe:r uI'Emorggency C'OIktact Have yat[ supplii d tile reckuirc:rl jjgalags and List Price S17"(W? YES NO 120.. SIGNAL VPHI('LE 1'F{C1.f,#FIC'F4 1Disco1131t fi'Lim current price Iist -(% Price Lis4 No. Date cel` 1'ric:e List_ — Warranty Stocking Distribului? Yes— No T,.e-md lime: I lourly rate for rep;6- wid service S (per 1101.1r) Ix+Mininukln order (K auy) — Iland Iing fee if less 11kaII in ill ilnalm order S NamvfFc:lephonefCc111Beeper sof F111QUR LCL Contact Iiav �'la�k suulsll c.3 L11t ]'ccllkil"ecl _�7aq1c+ZS and Lest Priec Sheets? — YES— NO. 121, CLA4ti+UN E SEAN IN '1'RUIViFN"14 Diaccuutt rrorll mm-Qllt price list_ Price 1.6l No, A) Date ofPricc List I toc:king Distributor?? 'Yes � NO — Lead time _ /— /*-- /) t -f — llowdy feet for repair anis service S. j�l .'-� (Per Dour) Mini Ili unkander(ifany)�`�1 f�1� 1It111c1ling rcc if less than I Tk i Ili Ill U111 Llr&r �} 1 i1k11171`I'Clcl�l>ofleJCc 1ldk3i cper of Elyl gc1ley Contact I itvr~.ytiu sullied t}3c rc. ckired C�ktal g-rlrlil List I'k ice shuce- ' YLS 1VCl 75 SECTION 4 — PRICING/ C.L+ RTIFI['A'1'1ONS/ SIGNATURES ['113 Nuthber; 12-0K06 122- SPLIMIFFM Discount Ji.0111 current price lisl Price List No. r1mQ ceI'll rIce List l e .gid 6� S Warranty Slacking Distributor? Yes, No L-' l.cadtiane: t{ [s How -lye rate for ngmir Mid service, S ) /A4- (por hour) MiisiinuinordQu(il'any.+) ,+ l 44 - Handling fee if Ir ,;s tlian aninimum calor $ NIA- NaiijejJ'elepiatsnc/ :c.JI/Beeper of Finagoncy Contact Have y'ou su )IaIiccJ I11C reclauRd Caatalc.) s find List Price L cots'? _ YLS A1C 123. SUVERVAC Diwounl from currQnt price Iist `1' % Pricc Li�l No._ f v I)aate of Price l.isl � U ` , waarra flty / Stocking Distributor? 1'kn� No-, IIourly rade for repair aild service S__ A) _4 (Pc1' Ikour) Minimum order (itany) d Handling fee if testi th�ua inia7ia7tiafaxa 01-dUr S NvicJ'I'e.leplionefCcII/Hccper ofEmvvgcncy Ccilltxt 1-I.Ljy g saa�ci ilic rcciulred Catalog,; aaacl List Iiia Shicts`? 'a'F..S NO 124- T N T TOOLS Diuvount 171-0111 current Price list �- � % Price: List iso, A Dilte.. of Price lAsL 76 SECTION 4 — PIZICING1 CERTIFICATIONS/SIGNATURE' 1TB Nui1 ber: 12-006 Sticking Dislri>_11itor? Yes_ No Lead tinlu; ? ' -5 4 -)45' " � IIolurly rae for re air al kd service ZF (Por liour) Niinilnum carder (if sM i ) $ - handling f'cc iFless hall 1111nil>luurl ul-dcr A�L4- hisMane+"I'.lcplwonel el1lF3cctwr�'ofCmargcticyContact 1)4- (.cam �, 0-I i `-7 — 2 '- ll-tye.yclu : u�aJwliewd the l uircd CataLu �d List Prier; S,hcots? Y h.5 NO 125_ 'TASK FORCE, E, TIPS Discomfit I will cul'rent prit:a_`. I i;st N t ° o Price List No. Date orYrice list Warranty Stocicin!,* Disiributor? Yc% No Lead time: l [01EI]y rAe for repair and mL rvice _ Qicl- hour) Minimum order (if ally) 5 1-1 and IingI'Qc. it iaSs t1>12911 ill i111111LIM Order $ — Nalne/TellephoneiCelVl3ec pur of Emergomy Conrad Have votl suwlied thew recl94irC11 Catalogs alld. LLA Price l)QCl.L2'? YD'S NO 126, TF10ROGOOD BOOTS [)j.WO111it 1T(1111'C'LYrrCllt PriCC 195E % Price List No Datc or Price T.isL -z'// Warranty A-6 A-a'r'1)A-r— Stockin . [)i$Lril R0r" Yes No— Lead time: I — HOLu'ly rata liar rgmjr and 5crvicc (newt' Maur) M inini u>;1 oulcr (if any) 77 SECTION 4 — PRIC'ING/ CEIC11TIC ATIONS/ SICNATURES ITR Nurnlrcr: E -tl806 Hondling fee ii 14xs than minitntlm order 1N1 ane r7'elephonerC CII/Beeper of Emerguncy Contact. Ilavi tii a sul l li cl k1,c rctluit°ed t,tat;alogx and List Price Shcets? YNS NO 127° STREAMLIGHT niwmmt from runvilI pricc lista 4 ./.- qlf Pric:c 1A,,L No. y1A- Date of Price [.i -;L WitrrwiLy ,A-trt„d.I e- r_ Stilt%kirig Distributor? Yes t o Leud Litrtc: I 2- /- b A— I[ourly ratc for repair ane[ se". ice $—Al t. A_- (per hour) NJimiinunt order (if any) I1,11161irlg fee if less thrall tniIIiitittm oak -'l. S N,-a191t;l'1'cl.ephone/Cel 11Bmper of Lltiergelicy C'olttact [laveyc?u set lied tlie_re��uiri r1 {�Lta[o14s: fan�I 1.i�,L Price Sheot '? '' YES 128_ SUI'li1R F`L 'tai'1[Ji11CI-1Tr1 Discount 11.0111 current price list % price Litit Mo. nakc of Price List �^ Warranty tockilig Distributor? Yox No_L--`. Lead time -'5C-- I Iourly raLc ror repair and xcrvice � � ` (per hour) it1im+kill order (if ILIV) S��- Iland Iing Ice i f fess than minimum order NatneTclepilolteiCeiliBQclicr of Emergerwy Contact —NO Have you supplied the req tiirccl Cat€tlogs n IJ8 Price Sheets`' "_ YES � NO 7 SECTIO 4- PRICING/ CERTIFICATIONS/ Si(,,NAFtJR '* ]TIS Number: 12-0800 129, ,SUP1R 1QR YI+EUMATI Discolml from cu reatpricc li-d price i.ist No- l atc of Price List_ Warranty Stacking M41l'ibUtar? Yc, _ No Lead tilltie: I Iourly ra[Q 169- repair and servicc S (per hour) ;Ulill]Inulll ordcr (ifany) S_ _ khand] ing Icy; if lugs than ininiEliuin order.$_ Nat]ielTelephoue Ccl]/Beel)er 411`F'.tilorgertcy C:[rnlaU Have yoll sljppl itd the �rc°cl ('aialog:5 and LIST Price. Sheets' _ NO 130. TASKMASTER }� Discount frolrl Qljrrc'l)l price list i�r I J` % Ili -ice List No. Date vl' Pvitu List Warranty Slockillg DhitribULLIl` Yes` No Lead time: Hourly rate fir ixpair and servirze S (per Ik0UL) Millialum order (if idly) Handling fee if lcsti t11all tlllillnitlnt Drdcr o la�tle�'1'elel ]lcrnc C;c11113eeper of Fmcrgency Contact Havc. yell suppliQd IIlc re4luired. CwOpgt and Llst Prl�e S,1 -1c S7 YFS NO 131. T1i:rll' EQUIPWIFN 1' Discount ftom cturetlt 131'k4e list /0 1'1-icc List No. I 'r ,tom Date of Price 1.int Warranty 79 SECTION 4 ^ PRICING/ CUt'MICATI[ NS1 SIGNATURES ITIS Nurnhcr, 1.2-0806 Stocking Digriliutor? Yes__ Nu +� Lead time: f _ uo I lowly raw for repair and service S 1-2L— (per hour) M in himin ordQr (irWly) Handling fee il'lesr thaii tniniaruin order FinainefrelephonOCcII/13ceper of Einci-patcy Contact HaVe yoU Sill l?lied [110 rcuuired QataloQataloi&s aped 1,61 Price Sheets? v �' YFS NO 132- TELELITE Discount tram Qlkrrcirl price list ✓- `f4 Price List No. /V d Duw of Price List uk- 4_ 5tockiiig 1.1iSta'ii:Fut0T? Yes N. o—'-, Load untie; rC 0.:! ( v,4;4 f Hourly rate for ropair and service _ (per hour) M initnum -order (if any) S Handling fee if less timi-i whihimin order $ 'IA- Naiitcl'i`eleplioiielCelliBccpk.r of Emergency Contaal Havc yog supplied the. requircd C atalogs and List Privy S1tcct l r-- YES NO 13J. TEMPEST FANS Distount from corrent Pricu lift Price List No.— ' l Ltw of Price List F-fw Warranty A 66 t2i--9 :Sluckiiig Distributor? Yes No Lulit ti Nile: Hourly rate for rep;ail- and scl-vice � c f ,,l (per hour) 1Vtini111U111 Order (if aily 80 SECTION 4 PRICING/ CERTIFICATIONS/ IGNA►'1t'UR -E, I'M Number: 12-0806 134 Handling fee if less ihmn niininwin order S ivamefl'etephone1CeIIIB spur o F11icrgency 0)nta+ct r +b- S 4-u 7-- 26�-.mc) 7" a Have you sttpplied tie recl4ki �cd CataIugs rind List Price Sleets? YRS 'ro tui Uiscount tom currw- 1I price list _ 11 iii t J % Price List lila. Late of Price List Warranty Stocking Distrii utor? Yc:€ IUs, Load tine; Hourly rate for repair and servics $ _ (pu hour) in i m Lim ogler (if any) $__ HandIirkg fco if less than inininuun orcicr S Nmli&I-cicphon IC:elVikeper of Emergeiiq Con WL 1 -law you suualJed the required C'atti.logn; wid I jxi -Price Sjiccts'1 W3 TOPPS Discowit from current price list Nf,, (j ( lei _%, Price List No, DREU orllri t Lisp Warranty _ Sluckiiig Uisiriburor? Yes— N I Load line. - Hourly mats; for repair and service S_ Mi iiinauin i rdcr (I f ally) I[asulling I'cc iCls ss IJkalI inill imxiu7 order S Na)ln JTc:lcplir}rrciC eil?l3ceper of Emergency C031iacl (per 110LIF) i law you ,,uVnI ied the rcilRired QRtalc+gs an€I list P0vo R.ULN? 81 NO YES A1C] YES NO SECTION 4 - PRICING/ CERTIFICATIONS/ NS/ SIGNA'i'UIWI ITB Ntunber: 12-0806 136- TURTLE PLASTICS Di,SC autt from current price list -" �% ]'rice List No. bate of Price List- .° I Slocking Distributor? yes No t._ Hourly ratc for repair and scryiQc S (Pei- hour) Minimum truer (ifany) S A1f 7 Handling roc if less thaq lnirJimum ordu S r Nabil ; Tcicplu)iief[: SECTION 4 — PRICING/ C URTI FICA'1'ION S/ SIGNATURES 1TR Nlumber_ 12-0806 Stocking Distribulur? yCs No Load lime. Hourly vete for 1—Qpair wid service $ per 11OLII ) M111 i 11aum order (i F smy) I-Infi liieg fee it less than 111iniilivan ordor Nailloffelephalee C.tjVRuepor u Lmergency Contaa Fldvc you supplied the required �.: �ltEl�,�s and List Price Sh.e ts? YES N0 139,V NILE DIRl:oum fi-oi11 current price Iis( C' f !) % Pric:% List No. Date of Price List Warralay Slorzking Distributor? yes No I x; d Lin1c: Hourly rale for repair and wrvicc S, (per 11011r) Minn1>.um order (Jt any) $_ 1 hold I ing fed: i t less ll1anIIe11111111111i [11 -du l int I'cIc1191o1rcJ ell.fBeeleer of Fnlerbcocy Contact Have yt?q supplied the resluired catalt��w.,Kild I.isl Price Sheets? � YES _ NO 1,10. VIETTER Diwount from current price list Price List No. Ualc of Price List Warramly Stocking DklribuloO Yes M) kv4d lint.: I it?urly mic Cbit repair and service T (per hour) lvlinimull I order ff aiey) S 83 SECT ION 4 r PRIONGM/ C ERl IFIC ATIONSl Sl (7NXPURE S FrB Nlrmhcr: 12-0806 I Ian.d1ing fiQ if Ic: q than minimum mhw -S Name/Telephunc:/Cel1!Beeper of Blim"ni u C011 [act I lave yc�u.suiilali A 1I5c required Qatal�)g,: and [Al Price. Slteets? YES NO 141. WARR[l1l{s'> ON PRO Discoullt fi:c)rrl CL11'rt:nl lance list ` r, % Price iLisl No. Dulc or Price List Warranty` Stocking I)isi1'ibWLu1-? Yes No Lead time: Hncrrly rate for repair and scivic.e S (per liour) iImi11imun> order (ifsmny) . Hmidlir7g feu if IeSS t1N111 111illilllllll1 01 -der S Nalncl'1'cleplianefCeli [ c l,er of Emergel>cy Cannot Have you supl)hO (lac rt_tluircd C atalogs�lnd i. sl f'ricc. Sllccts? YFS NO 142, WA'l E ROU Discount from C11r1unt price IN( Ili -ice List No. ,+U AL Gate oI Prlcc List , A/ 4—AC t7 W a r r a i i t y / y_ P _ Stocking Distributer? Ycs No Lcad Lillie: I — 3 t,'t S Hourly rate fear ropair and Scrvice (per hour) Illllnuni order (1f arly) % H -milling fce if less tlial) millif UM order S A/ Name/ 1'eleplitalielCcIIIBccpLi r of Emergency Con laia Have YOU supplied. thQ rcqu.irUd CRIJ02s incl l,_i.st Pricc �11cots`? lL"' 'YES NO 84 SECT10N 4 - PRICING/ CERTIFICATION' SIGNAIURES ITIS Numbcr- t2-0806 1143. V4+T.1 DON Discoum frmi current price lisL % Pi -ice LM No, / ' , _ Date of Price Lisl +� � Sto-uh-ing Di..gributoll Yesi -No v - Lead 0111c.= 1-5to f IIotirly rale lin- r-cpair mid service $ All, � (Per hour) Minimum order (ifany) S AIIA- I hand Iipig flat. if Icss lilait 111illi11111111 ol-del- S Nanle.70vphunc/Cc:I1/13eopero,¢fP,ntergrwwy/CcPiaact dIave Yc>'.0 Sul}lrlicd thc, required Catal.up ;incl, l_.ist PricC. Sheets? L-- YES No 144. 'W141LLEN ENGIN FERING Discount fi-onl eLlrrcnt Pric:c: list -- % Price List No. � � l � � rr AL1_.? L- DnLis cif Frice List Warranty—/ Stock ing I_}istribtjtoi � YoL-e No L c a d rime; - I*- D ,+ FIOL1171Y rate fo )'rc�1}airarid sc;rvice S d A- iiuuo NliIli millia order (if - al IV) $ / 1,4--- 4--1laIldIb 1 land I t" e i F Ic:+s IIIA l miniil1um orderA- )game/TeiephonulCclMcc-p r of Lnlergenq Cull I=L have yoll s oppIiQo_ Iic Fur uired CLitalo%.Ijj)d ]Js l,,1Iriuc Shuts"? fir YF, _ NO Ids_ WILL BURT Disco lillt fl'i3111 c:lirrinL price IisL —Ahj—& d Price List No, Date oI'Pricc LLL Warranty 85 ECTION 4—PRICING/ CE 11FIC:ATiONS/ SIGNATURES FFB Number, l2-0806 146 Slucking Distributor? 1'CV, Net f,c;icl �ilrlC' Hourly rate for repair and service (per Mid) PvIiikimum ordor (ifany) Handling foe if less than mininntlrl order S aiiicl'['ciclaltntte Coll/Beeper of Fmcl-gcncy C:cmlact ljnve yc>:ki 5rI1nlied [he required Caft&ygn, and, [,i E k'riet. Sltcets? Disc(itjnl rrow cw-rent price list price Lisl No. Date of Price Lkl Stocking Di4lribuluv'? Ycs No Lead time; IIotirly mw liar repair aad service_ (per Irani') Minimum vrkr (i I' any) Handling fcc: i f Jcxx MMI inJelirlaivaz order _ NamOTQIuplicisiulC.cIJ113coper of Emergency Coni acI YES NO Ilave yr u ,tupp! i.cd [lie req ktired Catatog s and List P0 u, S1t=Lt? YIDS NO 147. WEN DSO , 1Discout .t fivai current price l ist ? .(r % price IJ'A Nu. Date of Price 1.15E Warnalaty Stocking Di:trihuk)r? Yes No Lead tila c;; Ilourly rsalc I i w i-Qpair and sexv ice S (pur liour) Minimum orcle.r (i I arly) S.. 86 SECT ii]N 4 -- I'RIC'INC/ CERTJF[CATI[IP+S/ SIGNATURES f'f]3`Numbur 12-0806 Handling 1'cc i t Ll i than minimum or -du $ Name/Te[p1mnc,+C'cII113eeper ofErrrergeinv Col ilaC L J laveyou suppI ictl the required C'ataloga aId List Price Sheets? Y1 S i�U 148_ WILLIAMS FOAM Disc unt ti-om (mnukt pricc list p 'f ) Price List No. Date of Pricc I,i�t -- Warrant} _ SLocking Distributor? Yes _ No (acrid time: Hourly rate for repair and sv-vicc S (]ger Imur) Miiihnum order (if any) S Hanrliing fee if less than minimuln order S _ ] r�i,�eJ'I'i 1c ItonelCel]lCieepe� Of Fmcrgeuey Contact Have you supplied tlie_requircd C malogs and List Price Slicghi? YES O I=19• WORDEN Disco wit rrom current priuo list /V /3 i % PTicc List No_ Daae of Price Liat WKrraraly Stacking Uimrlbutor? Yes alta Lad lime= Hourly rate for repair and saviuc S (Per hour) Mininruisk order (if iny) $_ Handling Ccc if less than ininimu,n order $ T�lainc� f'cllrlf anefCellfLer of• Fnrei•gelicy Contact l la�vc >G�u sir , �Ilcd tl�e require l utalc 5 acrd List Price Sheets? — YES NO 87 SECTION 4 —PRICING/ CERTIFICATI NSI SIGNATURES lscr_ > R Discount from eurront pricc lisL _"lu Price List No, Dplc ol'llriee List Warranty Slacking Distributor? Yc No Lead time; Hardy rage for repair rinrvice S (por hour) Minimum order (if any) S _ Harndling fee jloess (hul 111i11iu1u111 order l unci l elel l�one.rCe111fScc Pc r of E'mergeney CoijkacL ITD N rnnbcr 12,:0305 Have you SUPPI d fho rt gjdred Cattaloes and list Rr cc Slicers? 'YF5 N0 1:51. 7IAN1A' IC DiscuLijA frOill eurfent price Iisl "� Date of Price List Prici. IrISL No. AJ � — WOTrunly -.(:).f 'ice r 7--f SLnLking Distributor? YQS J No - [.cud litre. J HOLIrly rate forrepairand survicc S (vrcr hoar) Miriimkurr order (if any) S Hu odling fee if less than minimum order $ , 1 l [tircl'I'clepltonei el]#f QpLr j) 1' 1211jerger7cy Cont;Wt 17 WOT 1 brie: you supplied the. iv(ptivul Catalogs and List Price _Shcc '? 'YF.S _Thi) 152. ZICO T)i.tics)uett frorrj current pricy; lisL L "f Price. Lisl No- A) Date of PriQQ List 88 SECTIO 4 — PRICING/ CEIZ [FIC, TIi NS/ SIGNATURES I'I'13 Numben l -0RD6 Slocking Distril iwir? Yes No ,r to Hourly rate for rvpuir wid service S , % _ r (pQr hour) Minimutn order (iI-,iny) $ A- Hunrlling fee if less tlrnk ntinitnum order .5 NtiJiitwsTelephoneICQIII Beeper of EmergemL!y Contact T�€ ac_yi]�J sullied tlrc TCLILJ t'i ci atalo s and TJA Price Sheets, t� 'Y1. S _ NO Replacement pmts, repAir and service 111A previously Imled tlm( your firm may wish to bid (attach additional .. iOts if ttc.ecsstlry). f'ai1� Tic.��irrrSel'trice F3iclditEg= DisQcmLn[ frt)trr current pi-juc lisL Price T,i,al No- Date O' Price List_ WarruriLy Stm,king Disiributor'? Yc:� o_ Leud liana: 1l'oli ly aLLC for repair and "irviee S _ (per hour) N ininauin order (if any) $ — 11a11dAing Ice; if less tlr�jrk 111illinIL1111 under $� Na1t�r T'cic��lyonc.�C.ell�Iieeptr trl` L°ntergenoy CvilacL 1Iaveu s l?� l iccl tl�e recataia:ecl C`xtfrlu s and List Price Sheets'? _ YF:S NO Will Your tirni accept Visa! Yes L,`. _ No 89 Slk(vTIO 4—PRICING/ CERTIFICATIONS/ 'IONS/ IGN TURF 1-1t3Number: 12-M0 Additional Sheet EASC ulit fi-errr culrent price list— Price List Ni u- IWA- -20(l Warranty a� rr11JI � � Stocking Dis€a-tbutW? Yes + No Leiid time, i / 6 N9--V-!r - 1-101117y rate ftlr VCIMir• �rn11 SM iCe _ (per hoop.) Minimum order (i1 miy) I-fanciliatg ti:c iI-It:ss tfran ntiatimum ordu l< Nan e?'Telepltone/C(. I1/13ecper of Emargenf:y [.'uAlaCt Have you suppli cl.lhw ragvfrecf Catalcs ,td list ]'rice Slee f ? i,---YLS NO maalluraacturer= 11,-Av - Discowtt from ourrQnt price list Price List No.- .&� Daw (Pr1'r1ce List_ �A f Z- arr"aarty A—t V j D r, Stacki ng f}is#ribulor7 Yes No Lead time: - — -Z- i(J Hourly rate for repair and nervice V (per Hour) [VI inimum order (ii':iny) $_ 14V GA — Handling fee if less illair rikilllanum order S f 14 Nr,mu+Telephone/CQiIMccper of lnc mergey Cumla�:t ai Have you siiPpliml llic m. uired CRtglo. _flricl_I. %L 90 SECTION 4 —PRIC CNG/ CERTIFICATIONS/ SIGNATURFS rrB r;umbur: 12-0806 Additional Sheet Mamifacturer: F-3 Cr�i bwL .f .r Discomfit From current price ti sr � fo Prim Lis[No..+ bile of Price List r Warranty Stocking Dialrilsulor! Hourly rate for repair and scrviui T f V (per ho,r) Minimurrr order (if any) 5 ,r 4�- Handling feu it less thaIi ill inirttiunt order $ -/Y/ f Namo'''Tc[cphow/Cel'l/Be per of Emergency Contacl ) — C? 5 - rb Z-1 ha��Aied the required Catalogs rand L, q -'rice heetc? YC5 Manufacturer: F-1 p e -F Di&uoum 11vn current price tist _� % Price. List -No. Data of Price Lisl + Warranty_ Smoking UistributorY Yes +r o Lead time: t - J 1 )_) A -q I [oudly ra It If)r repair and service $ (Icer hour) Miuirrlom order (if any) ._,._ Handling fcc if less than minimunti order $ ` /`4- Nan-LdTcicphon0CwllYlieeper of Emergency Contad Have tua sop Lsl erJ tltie rewired Catalogs and I ji ► 90 N SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Additional Sheet Man Manufectur$rr$r: � 7 �- ,• `�{' Viscount from current price Iist 1� % Price Lis; 1 o- /V Fete of Price List- VWarranty Stocking Distributor? Yes No is- LEad bine; / - A- _tom 0114-1 140 urly rate for repair- and service _ (per hctar) Minimum order (if any) $ Handling fee Muss than minimum orders ,f '. NamerVeIephonclCclUBDopa of Emergency Con [Re t Have you sgpplied the regOmd Catalogs and List Price Sliat§ YES — CHID Discount ffnm current price � %rce list / Prim List 34+0. {b 4- Dtatc of Price List f r Warranty �/ toeking Distributor? Yes No bead lime; ,l - ( L W Hnurly rate for repair and service $ (per hour) Minimum order {if any} $. 44) Handling fee if less than minimum order $ 11,14 Nanw/TelephnnelCellllleepor ofEmcrgcncy Contact Haavc YOU SUI) alied the re iq irecl C 9RJog-s .and List 0 ECTION 4 — PRICING/ CEAMI ATI( NS/ SIGNATURES ITB Number: 12-0806 Additional Shut Manuketurer: 7'A ) S f �/UC , Discount from current price lis# I % Price Lict No- 4z AZ Date ofPrict List Warranty A -I rk` S -f— )) CFCC rf Stocking Disrributor? Yes N4)—J.::- Lead o^ ' Lead time, -4 - Hourly rate for repair and servioe (per hour) Minimum Order (if any) $ t4+ ` Handling fcrj if Icss than minimum order S A//4 - N] a 1e1'relephoncjCc11?Beeper of Emergency++ Contact WD Have you Cutalggs and List Price Shgets:P 41'' YLS -No Manufacturer-, foe-°l-(f}'ivcc V1a.E Discount from current price list % Pricc List No.— Datc of Price List FF VI—LIA-rtY Zcj Warranty { Y�1_ Stocking DisHbumr7 Yes No I,— Lead time: ,7 4- Hourly WC for rcPair and service (por hour) Minimum order (if any) $ Handling fee if less than minimum order l Nameff elephoneJCel.I/Beeper of Emorgmey Contact Wim; 07 —z'bw Haw You suppLzed the requir d_QA1A1ogs and List 90. SFC'TTON d—I'M[:ING/ CURTMCATIONSi SIGNATURES ITB Number! 12-03300 Additional Sheq Manufecturex: %14-P- X16. to-eE: I P`' tAec- Discount fixsm current price list C -WT ---t-. ' '—v, l t1i+r Price List No, ,ids% Date of Price List Warranty r` e t f Stocking Distributor? Yes -�-' No Load Iirnc; — 14- O,.+ S Hourly rate For repair and service: $ .-4- (per haur) Minimum order (if any) $ Handling fcc if loss than minimum order $ l+ famu/l'nlephune/Cell/Beeper of Emergency Cottlact D*g: tofu r_4 g 3 -- y o .Y i. Have you sunnlied the recauired Catlogs and List Price Sheets? YIS NO 1111Wyc arta: e4w- C-4?:vu.'.*'- i Discount from current price list _ + Price List No. %, bate of Pricc List 11111 Warranty [ � � �(CiEA .�J Stocking Disarihutor 'les V" No Lcad time. / — 0 1)a4-t/J- 1lourly rate for repair and service S A)14- (I) or hour) Minimum order (if any) S' } / Handling kc if Icss than ntinimuan order $ %yL- NamePPelephonelCelVBeeper raI Emergency corataut Have you Euarnl i0 Ilie recauiretf Qglalous aritl List 90 ECUON A — PRICING/ CERTNICATIONS/ SIGN A TURES IT13 Numbezr: 1 �-0806 AWL) Sheet Mnnufneturer.-P—,gPFS — V' 'L) Discount from ourrtnt price list a Price List Na. , Date of I'ric c List LIA YIL / Warranty e r Stocking Distribvturf Yes No C Lead time: 4 - 6 tAi f Huurly rate for repair and service $ { (per hour) Minimum order (if any) $ I'land]ing fea if less than minimum arder$�,� Natne/Telephone/C;elUBeeper of Emergency Contatt Have _y2iis�irliliud the re uir s and List Pr' s? YES NO Discount kom currant price Iist Price List No I/ 1A Bate of Price List Warranty .4-(,41I T- 1)gov '-t_rj Stocking Distributotl Yes No d-' Lcad tune: I - * ue, }} Iluurlyrate for repair and service $ .'�'�/. (Per hf)w-) Minimum order (i f kiny) i-[andiing fca if less than tninimLIM ardor $ NawelTeJephonclCell/Beeper of Ivtmergumoy Contac# Have you sunnlJtd the required CatgIOR$ and List I � �+ e 90 SECTION 4 — MIMG1 CERTIRCATI+ NS/ SIGNATURES 1TB Nunn ber: 12-006 Additional Sheet T�nnufaet�Yer� { �f[- Discount from current price list Price List No, bate of Price List ( A Warra[4ty-1 -=,r"L Stockuig Distributor"? Yes No i,e�d lime• � � �`• =- Hourly rate for repair and service S r (Pei- hour) Minimum order (if any) $ Handling fee if less than minimum order NamcfTetephone1Co1VBccper of Emergency Contact Fl,m,you sgRplied th Cataio s and lArri Price Sheets? Ll� YES NO ManyNclnfer: Discount from current price list Price I,ist No,_ Date of Price I Warranty _ Stocking Distributor? Yefi No Lead tinie: Hourly rate for repair and service $ (per hour) Minimum order (if any) Handling fee if less than minimum order NamelTc1cphonB1Cellf13eeper of Emergency Contact F� v . a su lied tl�e re i `atalci sand Lis 90 SECTION 4 — PRICINCY CERTIFICATIONS/ ONSI :SIGNATURES 1'I'13 Number: 12-0806 By Signing tltis Bid the Bidder Attests wid Certifies (hat; • It satisrly-s till iogal 1-cquirt.nle s (as all 01ldL ) to do bushiess with the County. • The: undorsignod voldor tick no w icilges that award of a contract inay be contingent upon a determination by the Count} drat thQ VC11{Jill- liais, Clic: c ApuviLy Mid UL[Mbility Cca SUCt CSJUlly P01-f0rin the contract. • T'he bidder hereby L=Lifies 11ULL it {uiclerstands all requirements of this solicitation, and that the tlnclenigned individual is duly au.Lhurizcd Lcl CXCCUlc: Ilii% bid tIfl iniclit and any contracts) and/or other transactions required 1)v aw1jrtl ()f 11>is staliuiLa Li{gin. Certilicatiair Regarding Ae.ceptance of Comity Clectronic Payable Prueess Vendor will accept payinQnt using (Ile CounLy'S V[SA- bil�ud tlectroriic palynicni system: 0�ycs ❑ No Purchasing Agrecinents With Other Gover•nrnent AgCF1Cies This section is olitioilal and will nut. alrl`ecl Lmillraict a,,"rd. Jf Lake County awankil you clic proposed contract, Wotlld YOU sell Mader the U111: M'lli,% and conditions, Car (lie sainc pritu, to either ,govcninlerillal agencies ill the State of Florida? Each governlalelatall agvne.y desiring Lo :juuc.p1 to ut&Z-C ClriS c 01111`al:t hki.11 be resl)onsiblc ror its own prlrch:�ses salad slrrll be Iirtl> 14 asnly liar 1n�rtc ritLls {1L scrw'ici s {artl%rctl Fuld I'ecci +cd by' it. OYes ❑ No (C'lieck one) Certification Regarding Felony Conviction Has any officer, director, or ail exumtivc perliornling ciluivalcut cltrLics, of titc bidding cl{uLy been convicted of a felolay clurilag the past tell (10) yeLlrs? r] Yew ['Mi ({'.hLS k rite) C'orafflct of Interest Disdhrsure. Curtlfitation Except ars listed below, no enaployce, officer, or agent of the firm has lny Qonllicts uFinlcrewl, read or apparenL, due: Lo {anvi eisbip, other clients, contracts, Gi' interests assc%:hited witla this pro.jc cl; ;incl, 111is bid is lila dlL WiLlK)LI( 131'1Lir uliderstanding, agreement, of colitlection wvith Lily COrpor:.ttion, lit-na, 01` Por -son MJbillil ling Il }}I-oposall f{n- the rcalllc services, and is in all fespecrs fair and without colILis ion or ti;wd. Dl1CVS Number (Insert if this action i11 vol aes a federal funded 0 0` r General Vendor Information and Bid Sign:atuiv: Firni Nunn,: i'l) VA) if.' 106 L-- LJ I -+I- c - Street Address:y- W g� ofuawaci_ 1 -3',LJ'an C i,jiIilli Addruss (i f€iiflclv.ra(}` 5 Z 0 -7 - To I opliono No.: 14 "0 0 - "ToIoplionoNo.:14"00- -d`—A+ Fax No r-f-�-Z-441 F-lai(til;LWet, r—fat , FEIN No, - � �� ` ProllIP1 PayllICIA ['c6-rlts: 'fid days, net 1 r1kLLul•f:.� mate. flint1Naine: 'Y)A-62 W071 -r- TiLIC: yxc�e- illigrWfi r1ward of Contract b, The Cott : {CtJt°tir.ilal Use O By signature. Wow, the: C:irunty [:ern I irnl� award Lu Olt ubovc-identified vendor under rhe abovo identified solicitation, A sc1?yrLrtc purchase, ardor will be generated by the County to support the contract. Vendor rlwardvil as; Sine vendor [] Pre-tlu;r l i I icti paid vo idol (spot bid) El Sec{andary vendor for items: [J�re-qualified pool vendor lased on price ❑ Primary vendor for ireins: 0"6tller status: _ Signature of Fith'zed County official: 51`�44r�� ,i jl?Lrtc:4 —1 —lam Printed naarlae; , Qseaaa l i �. ��,rx�7?� } = Put-chasc; Order Nuuilacr assigned to this contract for bitting purposes: �Q liCTION 5 —ATTACHMENTS 'T 144 FOLLOWING DOCUMENTS ARE ATTACHED Attachment 1: Work des -clues 92 ITIS Nuitibtr. 12nt]€k06 SECTION 5 — ATTACHMENTS WORK REFERENCES ITB Number: 12-0900 Agincy PA4-M [�i�,A-C44 (-C.-L-))JrY F114�: Address ,)- � 0— / � '/I x -F,-4 2 4 Z— w Cily'SLUAC/lp 4- CcmiLivut ilvrs6n L/4 u F- c L-A-Yvl 6 f A -Y-;L- 7elcplwne -53 — 6,�'L+ Stuvicu V14 -A J' T�°lv of %M.iL,c Fi(L& C--7CkUiPAA0A1r— COMMV1315; . Agency ✓Fliti ge-ccu& Address bno -C, Y,2 --FI A City"Slatc,ZEP km Fz- 3' -,� 1 -7 3 CcmiLivut ilvrs6n IA 0 L� Sr 7elcplwne 1 -2 J1 74 Daw(q) or Suvim V14 -A J' Type of svviog — F� (L 6�JCAlf— Ccunl5kmm! . Agency ✓Fliti ge-ccu& Address g0k-AJ146 S;TX�I-F-T- City"Slatc,ZEP CrinlacL Prman e 1417- WA C Teleph,one -7-12 -41 [)IL , tc(S) fli- Suvic,D TAw, u I' ScFvjcc 93 MUNIC-1 ISP ID. ME RATEIMMIQor"M - CERTIFICATE F LIABILITY INSURANCE OW06112 THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRC.ATE DOES NOT AFFIRMATIVELY OR N€GAiIVEI_Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE GOES NOT CONSTITUTE A CONTRACT SETINFEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROiDUCVR, AND THE CERTIFICATE HOLDER. IMPORTANT; if the ceTtlfIcate holder Is an A0131TIONAL INSURED. the pollcy�Ias) Inuet he endorsed, If SUBROGATION IS WAIVED, subf"t til the torms and candltions of the policy, certain pollofela may requIra an andomemRnt. A statement on this, corl3ffema does not confer rights to the cerliffeate holder In lieu of such endoreeme s). PRODUCER 407-42.5-3411 KASE T Malin da Cerio 6 5 E. Robinson St., Suit$ 32U 407-843-2632 jPN$� a I*,F .407 25-3411 IAIC, jRQ1; 4117- 3-2632 Orlando, 1'L 32801 "AIL,6�:; mCedo olwinc.cwn MatthRw West _ INSLIPIE'RIS9 AFFOR{HNQ CflYERAIiIc HA1B N _ INSURER A; ldraurll IndurmMy Company INSURED Municipal EgUIpMnentCC, LLC INSURERB;ThOI-Iart#*M Bob F61111`10anen 2049 West Central Boulevard INSURERC; Orlando. FL 32US INSURERo; COVERAGES CERTIFICATE NUMBER,, REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCF L,1$TEt3 BELOW HAVE BEEN ISSUEO 70 THE INSURED NAMED ABOVE $fOR THE POLICY PER40D INDICATE -D, NOTWITHSTANDING ANY REQUIREMENT, TERN OR CONDITION OF ANY CONINRACT OR OTHER [30rUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO Ati- THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAICW CLAIMS. POLICY EFF LTIRTTA@ QP IN6GRAHCE _ 0sk PQLW4Y NUMBER kIMA - (� _ LIAtIX1p eENEnALI-JABILITY EACH0C0UJ4AFKr I 1,4gg,gg A X CflkiMERCIA.L OENERA,L LIARLITY -X GLP600903!964 41114+ 12 07M4113 PIE.NkL ES Cs 000elrrelmaa S _ _E �'U'Q_ CLA:IM8-MA0E Fx-1 C7CCUA _ ME6_E%P{ 'orw po sa . P€RSh'{AL &AUV INJURY S 1,009,00 GENERALAGGREOATF. i 3,444,U4 GEPdLA.CQRE6ATELIMIT Alln.IE&PER PRODUCTS -G4iAWOPAGG S . PDLOCY Fi3Px too Emp gen. 3 1,t}Ofl,i14 AUTY�MORII..E LIABWTY CDME�INE+ IN Lt 1. 1,t}04,U4 8 X ANYAUTO 2JUECKK5978 02114112 42f14I13 BON IYINJURY per peraanj # EO SH ULED ROD LYINJURY'(Per acddWr # ALLU AUTOS '6rr PROPER # HIRED AIJTQ$ Alt 3 CCUR LkMBRPILA LIARRLAIM5,MADC EACH-OCCUKRENOF # EXCESS LIAR AOCTFLE'OATt _... S [YFn RETLNTI1M$ - - WORKERS COhiPENSATIAN — - STAT I -y F7 19 AND EMPLOYERS' LIA®ILUTeN AVP}Rt)PRICTOR,PARTNErVE%ECLFTIV.Y 2"IVYecvx2881; 65122111 a512W12 E.L. EACH ACCIDENT � �I�I,C Q 100,000 i _ _ ()FtIC'6RIAIEPxpEREXCLUDED? iMpFidaloryin NH) N+A -' ""�— E. L. _DISEASE- AEMPLOV i 1010000 _ r IPggeS ifgsn1)n un der LxE$U`RIPTi(1NQFOPERAT E.L. DISEASE- POLICY UTAT S 540,40 ASCRIPTION OF OPERATIONS ei-OCATFONSf V9HIC1.96 tllklauhACORD 16i.Additi" RemsMe Sch4duF4, If mow apace Ip rllqulradl Lake County, A Polit.,oa1 atd;€diuision of the State of rlorida4 and the Board of County G=iM;p eai.oner® has ]amen added axe adda.tional 1neurad. 2TB Humber 12-0806 C Lake County, A Political Subdivision of Rio State of FL PO Box 7800 Tavares, FL 32778 SHOULD ,ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED HE FORE TIME ENPIRATPON DATE THEREOF, KOTICE WILL AE DELWVERI L) IN ACCORDANQF WITH THE POLICY PROVISIONS. AwHoRQEO REFRESENTATFVE 0 1008-2810 ACORD CORPORATION. All rights reserved. AOORD 25 $2D101136) Tho ACORD name and logo mire registered marks of ACORD LAKE C 0 -U -N T Y X /rnr'%rr'lrl A 'PT(')M n>~ (n7\T T'P A r -r 1, Modification No,: 5 2, Contract No.: 12-0806M Effective Date: July 1, 2015 Effective Date: June 12, 2012 3. Contracting Officer: Donna Villins 5, Contractor Name and Address: "fele hone Number: 352 343-9765 Municipal Equipment Company, LLC 2049 W, Central Bled, 4. Issued By: Orlando ISL 32805 Procurement Services Lake Count= Administradon Btdlding Attn: Dale West 315 W, Main St., Suite 441 Tavares, Florida 32778-7800 6, SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Blocic 4 within ten ( 0) days, after receipt, preferably by certified mail to ensure a system of positive receipts. Retaui a photocopy of the signed copy of this modification and attach to original of contract, which wasrovided. .previously 7. DESCRIPTION OF MODIFICATION: Contract modification to extend contract at current pricing discounts, terms and conditions, for twelve (12) adclitional mon(hs, expiring June 30, 2016, 8. Contra tar`s S{' Iture REQUIRED � 9, Lake County, Florida Name: r� � ��,� By:. t ; r _ _. _... Setnior Contracting Officer Title: iii ! C� �i�� r' i ! t„�� Date: % 3 //j _ Date 10, Distribution: Original: Bid File No, 12-0806 Cc: Vendor, Department PISCAI, ANP ADMINIS"I RATI\T' SfiR \ICfiSh'RUCUlit2;11F.Nr SCRYIC'CS P.O. IMX 7800 315 W. MAIN ST,JAVARBS, 1'1.32778 -11352.W,9939 • !:352.343,9173 Bow d ojC.'on'10 C'onarrissiarcrs a +ru'.lndreounr}Jl.�ov 'lIhK3711)' I, SLJI.jIVAN SLAM ,til. PARK5..ucr',g1r 11hibly CONN[a l I.SLII: CAMHON1: %V1...I.'IUN G. CA MYI'l.I 01ifrit I I 01stritl 2 DISI lCt 3 Alshricr 4 M.51110 .S File #: 16-121, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Mr. Steven Chapman, Interim Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 ANALOG ENCODER UPGRADE FOR GRANICUS, INC. FOR VIDEO/ AUDIO STREAMING Recommended Action: Motion to approve analog encoder upgrade of encoder hardware, including cost and monthly managed service, to help maintain Granicus video/ audio streaming, paperless agenda and civic engagement software to Granicus, Inc. Total upfront costs are $4,700. The encoder upgrade pricing breakdown includes the following: Total Hardware Upfront: $2,625.00 Total Services Upfront: $2,075.00 Total Cost $4,700.00 The recommendation for the award is in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property." More specifically, Section 36.03 (B) is applicable with multiple acuisitions of $25,000 and above from same vendor. Background: This amount to Granicus, Inc. is to the same vendor that the City issued the RFP 2015-27 for Video/ Audio Stream, Paperless Agenda and Civic Engagement in February 17, 2015. The City awarded the initial video/ audio streaming contract to Granicus, Inc. on May 20, 2015. The initial amount with Granicus, Inc for a one year agreement with an option to renew for two one year period in the amount of $42,640 for the first year and $33,840 for the renewal periods. The analog encoder upgrade presently being considered for Granicus was not a part of the preliminary bid award but is an essential component of the Granicus video/ audio streamlining software platform and encoding format. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding for future budgeting. City of Delray Beach Page 1 of 2 Printed on 1/21/2016 powered by Legistar'"^ File M 16-121, Version: 1 City of Delray Beach Page 2 of 2 Printed on 1/21/2016 powered by LegistarTM PRESENTED BY: William Nesbitt, Granicus PRESENTED TO: Delray Beach, FIL DELIVERED ON:January 14, 2016 EXPIRES ON: February 29, 2016 0 eisvmicn2 x Executive Summary: This revised proposal reflects the encoder hardware cost and the monthly managed service fee ($1200) upfront. X Managed Services Granicus provides a comprehensive Managed Services package with every solution to ensure long-lasting success with our technologies while maximizing your solution's performance. Our fully managed and hosted infrastructure offers unlimited bandwidth, storage and the highest security standards of your data through a cloud -based platform. Our remote, proactive systems monitoring guarantees faster response time, predicts problems before they arise, and helps reduce the cost of IT support and maintenance. The Granicus team works around-the-clock to ensure your applications are protected and operating smoothly. You also receive continual access to advanced learning tools and the hands-on support, knowledge, and expertise of our skilled Support Engineers and Customer Advocacy professionals. x Pricing Breakdown for your Solution Granicus Encoding Appliance Hardware - (GT) 1.0 Unit(s) $2,500.00 $2,500.00 Shipping - Large Item 1.0 $125.00 $125.00 Total Hardware Upfront: Custom Product Upfront 1,200.0 Hour(s) Encoding Appliance Hardware 1.0 Service(s) Configuration - (GT) Total Services Upfront: $1.00 $1,200.00 $875.00 $875.00 Total Upfront Cost: Total Monthly Cost: $2,075.00 $2,625.00 $4,700.00 $0.00 (j) GRANICUS The Granicus Analog Encoding Appliance supports Granicus' current and future software platforms and encoding formats. It has been rigorously tested and certified to work with Granicus technology. Device pre -configurations allow customers to get up and running quickly while maintaining the highest level of service at a low monthly cost. The Granicus Customer Care team leverages a suite of tools that allow us to proactively monitor, maintain and support the appliance. Full patch management of Granicus software and the operating system eliminates any maintenance burden placed on government IT staff, including contacting multiple vendors for support. As a fully -managed solution, Granicus will provide customers with all necessary upgrades, repairs or replacements to ensure that the appliance works effectively on the Granicus platform. To help maintain ADA compliance, the Granicus Analog Encoding Appliance supports extraction and display of embedded closed captions. 1/3 r� G Granicus Analog Encoding Appliance Local distribution & storage The Analog Encoding Appliance can be configured to support local live and on - demand streaming for up to 50 concurrent users. For organizations that require enterprise -class distribution, Granicus' Performance Accelerator distributes hundreds of simultaneous local streams with minimal network impact. Each device is equipped with 2 TBs of local storage, or roughly 4,000 hours at standard bit rates. Granicus provides unlimited cloud content storage and retention. The Granicus Analog Encoding Appliance is lightweight and small enough to fit in any server rack. Encoder noise has been addressed as well. With a sound output less than 65db, the Granicus Analog Encoding Appliance is considerably quieter than standard off the shelf encoding hardware. Gwww.granicus.com © 2015 Granicus, Inc. 70717th Street, Suite 4000, Denver, CO 80202 (j) GRANICUS 3/3 Adobe Flash Player Switchable Input Live Streaming Encoding Formats oComposite (BNC A) oS-Video (Includes BNC to mini -DIN adapter) oComponent (BNC x 3) oNTSC & PAL supported oBalanced stereo (XLR x 2) oUnbalanced stereo (RCA x 2) oStereo & mono supported oStatic public IP address oinbound pull over TCP Port 8080 (port changed upon request) 0650 Kbps upstream ** oUnlimited viewers oMicrosoft® Windows Media® (Silverlight®) aH.264 for Adobe® Flash® Player oH.264 in HTML (iOS and Andriod devices) oLive and on -demand (directly from Granicus Local Distribution Encoding Appliance) 050 maximum concurrent streams Additional charges may apply Higher bitrates available, requires additional bandwidth 7 X Granicus Differentiators • World's most experienced provider of government transparency, citizen participation, meeting efficiency, and legislative management solutions with: • Over 1,000 clients in all 50 states, at every level of government • Over 31 million government webcasts viewed • More than 265,350 government meetings online • First fully integrated legislative workflow management system for local government • Open API architecture and SDK allow for seamless integrations with systems already in place • Certified integrations provide flexibility and choice of agenda workflow solutions • Exclusive provider of the iLegislate iPad application that allows users to review agendas and supporting materials, bookmark and take notes on items, stream archived videos, and review community feedback • Only government webcasting service to provide encoding, minutes annotation, transcription, and closed captioning services • Truly unlimited storage and distribution for all meeting bodies and non -meeting content • Indefinite retention schedules for all archived meeting and non -meeting content • Only provider of both government webcasting and citizen engagement services • 24/7/365 customer service and support • 97% customer satisfaction rating, 98.5% client retention rating • One of the 100 companies that matter most in online video by Streaming Media magazine • Ranked 185 on Deloitte 500 fastest growing companies • Ranked 419 on Inc 500 fastest growing companies • Client Success stories are available here: http://www.granicus.com/customers/case-studies/ X Proposal Terms and Conditions • Sales tax may apply depending on your organization's tax status and the tax laws unique to your state, county and/or municipality • Fifty percent (50%) of all up -front fees for all products are due upon Granicus' receipt of an executed agreement or purchase order, as appropriate. The remaining fifty percent (50%) of up -front fees for each product are due upon delivery of that product. Annual billing for Managed Services for associated products shall begin upon completion of delivery as defined below. Client Shall be invoiced for a twelve (12) month period commencing upon delivery of the configured product(s). Thereafter, Client will be billed annually in advance. Client agrees to pay all invoices from Granicus within thirty (30) days of receipt of invoice. Client acknowledges that products may be delivered and fully operational separate from the other purchased products. For Granicus Hardware, delivery is complete once the Client receives Hardware components with the configured Granicus Software. For Granicus Software, delivery is complete once the Software is installed, configured, tested and deemed by Granicus to be ready for Client's use, irrespective of any training services provided to Client by Granicus. Granicus oftentimes sells multiple software suites in one transaction. For Clients that have purchased multiple suites, Granicus reserves the right to start invoicing on a per suite basis when considered delivered. For existing clients, the costs associated with this proposal or purchase order are in addition to client's existing services. • If Client's solution requires any onsite training, Client agrees to pay travel expenses for Granicus employees (including but not limited to airfare, lodging, meals) not to exceed two thousand dollars ($2,000.00) per trip. City of Delray Beach Video /Audio Streaming, Paperless Agenda, Civic Engagement, File Conversion VENDOR - AV CAPTURE, GRANICUS INC. NOVUSOLUTIONS PACKAGE 1: FREE PACKAGE 2: $6,000. 1 PART 1: VIDEO AUDIO STREAMING OF MULTIPLE MEETINGS $ 14,228.00 $570.00/ PER MONTH PACKAGE 3:$9,000. PACKAGE 4:$8,995. PACKAGE 5:$ 11,995 2 PART II: PAPERLESS AGENDA SOLUTION $ 2,400.00 $8,800.00 UPFRONT $1,550.00/ PER MONTH $5,036.25 /PER YEAR 3 PART III: CIVIC ENGAGEMENT $ 800.00 7 $400.00 /PER MONTH ry/q PART IV: CONVERSION OF EXISTING FILES FOR 4 ARCHIVAL PURPOSES $ 8,400.00 $200.00 / PER HOUR $ 1,500.00 The total bid price is for the 1st year, and contains one time cost for Installation & file conversion. subsequent years annual cost for Parts 1, II and III Is $7,188, this can be looked in for up to 3 years on a single subscription contract. This proposal includes the hardware needed for audio -video recording and live streaming only. Your existing sound Please refer to the detailed pricing 5 ADDITIONAL COMMENTS and camera systems are assumed to provide the av source sfgnals. Idetailed table in the following page for more information. IPlease refer to detailed pricing pages. 6 ADDENDUM 1 NO YES NO $8,800 / UPFRONT $2,820 TOTAL BID PRICE 1 $ 25,828.00 PER MONTH BID 1#2015-27 - Opening Date: 02.17,2015 a�Ii 2:00 P.M, Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid ✓ (2) RFP (2) RFQ ✓Selection Committee Recommendation (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract State of Florida (10) Resale Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Yes(:) Noe Proposed Contract Term: Comments and Notes: RFP Award 2015-27 to Granicus Effective Date: venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-106, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 WAIVER REQUEST FOR 1040 SOUTH OCEAN BOULEVARD REGARDING LOT FRONTAGE (QUASI-JUDICIAL HEARING) Recommended Action: Motion to Approve a waiver to LDR Section 4.1.4(C), which requires that the that the property not be developed except in accordance with the minimum frontage of the R -1 -AA zoning district, based on positive finding with respect to LDR Section 2.4.7(B)(5). Background: The City has received a request from the property owner seeking relief from the minimum lot frontage dimension requirement for two existing platted lots. The properties are located on the west side of South Ocean Boulevard (State Road A -1-A), 225 feet north of Lewis Cove (1040 South Ocean Boulevard) and is described as follows: Lots 33 and 34, Block 5, Seagate Extension, according to the plat thereof, as recorded in Plat Book 24, Page 67, of the public records of Palm Beach County, Florida. The property is zoned R -1 -AA (Single Family Residential), which requires a minimum lot frontage of 75 feet. The Seagate Extension plat (which includes Lots 33 and 34, Block 5) was recorded in August, 1953. The two lots where platted with a frontage of 72.84 feet. The required lot frontage in the R -1 -AA zoning district is 75 feet. Thus, the lots are considered non -conforming with respect to lot frontage. The property contains an existing 5,193 square foot house that straddles both lots. In accordance with LDR Section 4.1.4(C), [Uses of Lots of Record], if two or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. The owner wishes to demolish the existing structure and build two separate single family homes on each of the existing platted lots. Waiver Request: Per LDR Section 4.1.4, the City Commission may waive this requirement per LDR Section 2.4.7(B). The applicant has submitted a waiver request to allow the construction of two single family homes on the non -conforming lots. It is noted that the subject lots conform to the minimum lots size of 9,500 square feet (15,041 square feet and 14,859 square feet) and the lot depth of 100 feet (200 feet for Lot 34 and 207 feet for Lot 33). The relief would result with each lot short of the required frontage by City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 16-106, Version: 1 2.16 feet. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. It is noted that 14 of the 17 lots that front on South Ocean Boulevard in the Seagate Extension plat have a lot frontage of 100 feet or greater. Lots 33 and 34 have a lot frontage of 72.84 feet and lot 36 has a lot frontage of 95.68 feet. The granting of the waiver would allow the construction of two single family homes on lots that are undersized in relation to the remaining lots along South Ocean Boulevard, which will disrupt this streetscape. Conversely, not allowing the proposed waiver would result in essentially an oversized lot, which could allow the demolition of the existing single family residence and construction of a relatively oversized residence that would also be inconsistent with the streetscape. It is noted that the vast majority of the lots in the Seagate neighborhood have a 100 foot or greater frontage. The exceptions to these are mostly those that front on the curvilinear part of the adjacent streets. The applicant has submitted the attached correspondence from the Beach Property Owners Association (BPOA) and neighbor in support of the proposed waiver. The lots are located in the Seagate Overlay District, which requires a higher level of architectural and site review. Based on the support from the BPOA, the neighbor and heightened review of the Seagate Overlay District, the P&Z Department supports the waiver. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by Legistar'"^ SE 8th Ct Azalea Rd .m L D s 3E 9th St M N 10) CO) -9th Ct L o m a� rn eo Hibiscus Rd m y SE 1 Oth St m Poinsettia Rd �a m O FF Lewis Cv Brooks Ln White Dr Rhodes Villa Ave ' 1040 South Ocean ^� y NORTH Boulevard Q Subject Property J PLANNING & ZONING DEPARTMENT LOCATION MAP Date: 1/8/2016 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\1040 S. Ocean Boulvard.mxd 0 N W Z_ ryJ ry W 0- 0 ry 0- C14 N r - 2. BULK YACHT BAS Lot Coverage = 28.2% Lot Width = 72.8' % Impervious = 55.0% Lot Depth = 210.96' % Pervious = 45.0% Lot Frontage = 72.8' %Open Space = 45.0% Building Height = 28'-0" AA26001617 IB26001056 W W W.RJARCHITECTURE. COM Total Building Floor Area = 7,400 SQ.FT. Lot Coverage = 29.2% Lot Width = 72.8' % Impervious = 55.0% Lot Depth = 197.00' % Pervious = 45.0% Lot Frontage = 72.8' %Open Space = 45.0% Building Height = 28'-0" AA26001617 IB26001056 W W W.RJARCHITECTURE. COM Total Building Floor Area = 7,400 SQ.FT. "NOTE: OUTLINE OF RESIDENCE IS FOR SQUARE FOOTAGE CALCULATIONS ONLY AND EACH HOUSE WILL HAVE UNIQUE DESIGN Site Plan 0' 5' 10' 15' 20' NORTH Scale: 1 "=10' [07 RICHARD JONES ARCHITECTURE 10 S.E. FIRST AVENUE I SUITE 102 DELRAY BEACH, FLORIDA 33444 V 561.274.9186 F 561.274.9196 AA26001617 IB26001056 W W W.RJARCHITECTURE. COM • l� W ^ 06� Mw w rO O1� 0 FLORIDA LICENSURE AA26001617 IB26001056 0 COMMISSION # 15-027 DESIGNER: RJ/JS DRAWN BY: JS PLAN REVIEW: RJ SUBMITTALS: REVISIONS: SITE PLAN SP -1 [07 k �� - •. 4 Ilk1 J � � e 0. i t - r LEWIS COVE LEGEND F = CENTERLINE CONC. = CONCRETE I.R. = 5/8" IRON ROD WITH CAP #LB 353 W.M. = WATER METER = OVERHEAD UTILITY LINES = CHAIN LINK FENCE = WALL FLOOD ZONE- AE (EL 7) & X DESCRIPTION.• LOTS 33 AND 34, BLOCK 5, SEA GA TE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 67, OF THE PUBLIC RECORDS OF PALM BEACH COLNVTY, FLORIDA. MAP OF BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES PAUL D. ENGL EV NOT VALID WITHOUT THE SIGNATURE AND SURVEYOR & MA #5708 THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. N � Q MAP OF BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES PAUL D. 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O o 126.49 I IID.A oI Q -25 I I 30 4 g l 8 0 (n 1 115__ _ I 31 mI _ So 25 �l pq�.r S^ yye n 25 109.% 11 All S+rce+In+er: •� I •C 5 6 m 7q _ ry 1 Q -unless o+herms( Ls3o - so, I in+ersec+ion. 09 _125 _35 ' 4.�• 45�. t I .09 ° so R io3.91' 'b; 23 ii I 32 S z3. m I I °ry9� x3.o r Eleva+ions are 0 x2520' POINSETTIA ROADS > 1 125' +hus�x8.61 ano +3.9 u°i 0 �_ 20.51_ J IPP' 150.69' d=%'2520 P' 22 ° 16 5250' n 70 100' 100 _N 8979 "s -" ` 33 I m U) 6 -_ n 1094 / �w \0h h m 8°ilding Lined 'g m 203.99 Y� 17 _ IB _ 19 20 N 21 22 a 1a 9mldiny_ L�n�_m 3°. 34 Io r- -Iso=r--�6- wo-_ � _; __ _____________ n__lo9 �-.1 117' - 10' Easemen4 15 173.43 I� o YAC147' BASIN 01 s. IO'Easemerr/ 163,79 $1$ _______L__ ________ 'e• COs^ x6.o' xas x3.a Bunding Lined - x3.o App movea 1p 4.4 = 43 42 41 40 39 38 37 36-01 2,%z145 e•S-f39,TY Bvldin Lne , PT Rs, 45 -- °----- h---�- -- - °- - ---- e-at'opos' 508 °p 100 1 �0unsco'�Ei�I-S sz6.3e'nom' ra JUSTIFICATION STATEMENT Owner/Applicant: The South Ocean Group 1040 LLC, a Florida limited liability company Subiect Parcel: 1040 South Ocean Boulevard (A1A) Delray Beach, Florida Legal Description Lots 33 and 34, Block 5 of Seagate Extension, according to the Plat thereof recorded in Plat Book 24, Page 67 of the Public Records of Palm Beach County, Florida. Zoning District. Single Family R-1-AA—City of Delray Beach. Subject Matter: The Subject Parcel consists of two adjoining lots of record, Lot 33 and Lot 34 as platted of record pursuant to the Plat of Seagate Extension, recorded April 17, 1958. Each Lot fronts along South Ocean Boulevard (A1A). Lot 33 is 73 feet in width (frontage) x 220 feet in depth and consists of 16,060.00 square feet and Lot 34 is 72 feet in width (frontage) x 197 feet in depth consist 14,184.00 square feet) The parcels are owned in common ownership. No unity of title has been filed of record'. Each lots is an interior Lot. Currently there is an existing single family home with separate residential dwelling structure on both Lots. Waiver Request: Pursuant to the City of Delray Beach Land Development Regulations (LDR) Section 4.3.4(K), as adopted and amended under Ordinance 42-79 10/7/1997 and Amendment Ordinance 16-93 2/9/ 1997, the Minimum Lot Frontage for interior lots and corner lots in the Single Family R -1 -AA Zoning District is 75 feet. Which respect to each Lot 33 and Lot 34 described above, the Owner/Applicant is requesting a waiver of LDR Section 4.3.4(K) as follows: (1) Lot 33: A 2 foot reduction in the required Minimum Lot Frontage from 75 Feet to 73 Feet: and, (2) Lot 34: A 3 foot reduction the required Minimum Lot Frontage from 75 Feet to 73 Feet. This Waiver Request is authorized and being made pursuant to the City of Delray Beach Land Development Regulations (LDR) Section 2.4.79(B) which allows the granting of partial or total relief from a specific development regulation. Pursuant to LDR Section 2.4.79(B)(1)(a) a waiver may be granted to the procedural and substantive provisions of these development regulations and pursuant to LDR Section 2.4.79(B)(1)(b). Further, the City Commission may grant a waiver to any provision of these regulations when there is no other avenue for relief available in these regulations. ' Since the recording of the Plat of Seagate Extension, no unity of title has been filed. The absence of filing of a Unity of Title when one single family homes was constructed on both Lots suggests that it was contemplated that in the future, and as requested by this Waiver each lot would be developed with a single family home similar to all other Lots in the neighborhood and Plat. Pursuant to LDR Section 2.4.79(B)(5), prior to Granting a waiver, the granting body (in this case the City Commission) shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner Approval of the Waiver Request will allow the replacement of the existing single family home and existing separate residential dwelling structures covering both Lots 33 and 34 with two (2) residential single family homes, each constructed on the separate record Lots 33 and 34 in accordance with the Regulations and Design Guidelines as adopted by the Beach Property Owners for the "Seagate Neighborhood", the current City of Delray Beach Land Development Regulations, the Comprehensive Plan as well as current building, energy and life safety codes. The following supports the granting of the waiver pursuant to LDR Section Section 2.4.79(B)(5); (a) THE GRANTING OF THE WAIVER SHALL NOT ADVERSELY AFFECT THE NEIGHBORING AREA: The subject Parcel, consisting of Lot 33 and Lot 34, were lots as originally planned, approved, and platted pursuant to the Plat of Seagate Extension as recorded on recorded April 17, 1958. The neighborhood, as defined by the plat, contains 46 separate lots with at least 10 lots are similarly nonconforming in terms of lot frontage2, other lots are also non -conforming in terms of lot size3, each one being situated in this residential beach district to provide access to a public right of way and contributes to the established character of the neighborhood. There is no known adverse condition that affects the neighboring area as a consequence of these circumstances. The clear purpose and intent of the Plat of Seagate Extension was to establish a community of single family homes whereas a separate single family dwelling structure would be constructed on each Lot within the Plat. Except for the subject Parcel consisting of two lots as currently improved with a single family home and a separate residential dwelling structure, each lot located within the Plat of Seagate was or has been developed with one single family residential home. The minor reduction in the lot frontage for each of the subject Lots 33 and 34 pursuant to this Waiver Request will z See Lots 1,2, 15, 16, 17,18, 33, 34 44, and 45, Plat of Seagate Extension (having Less than 75 FEET of Lot Frontage) 3 See Lots 13, 14, 15 ,17, 18, 37, Plat of Seagate Extension, (having less than 9500 Sq.Ft in Lot Size) 2 allow a single family home to be constructed on each respective Lot furthering the purpose and intent of Plat and compatible with all other lots in the neighborhood. As a result, no adverse condition will result in granting the Waiver Request. Additionally, the minor reduction in lot frontage for Lots 33 and 34 will have no impact on the required Lot size for the development of the Lots with single family homes under the current development standards as the Lot size for Lots 33 and 34 (being 16,060.00 square feet and 14,184.00 square feet respectively) far exceed the minimum 9500 Lot Size for development in this neighborhood. Further the separation with adjoining and neighboring lots will not be affected by the reduction in the frontage as the Lots will still be able to maintain side and rear setback requirements as permitted under the Land Development Regulations. Finally the Granting of Waiver will also not adversely affect the neighboring area since the approval of the waiver will allow the future development of each Lot reasonably compatible with the size and character of other single family homes in the neighborhood. Further, such development of each Lot would be consistent with the intent of the Beach Property Owner's Design Manual in preserving and perpetuating the unique residential character of the Seagate Neighborhood by preventing the "mans ionization" issues facing this neighborhood.^ (b) THE GRANTING OF THE WAIVER SHALL NOT SHALL NOT SIGNIFICANTLY DIMINISH THE PROVISION OF PUBLIC FACILITIES; The Requested Waiver shall not significantly diminish the provision of public facilities. Each of Lots 33 and 34 has ingress and egress access for public services, and there is no known condition or circumstances pertaining to the separate lots that would in any way diminish the provision of public services from the level at which such services presently are available. Additionally, there are no public facilities existing or adjacent to the subject Parcel or Lots and as a result the requested reduction in Lot frontage on each Lot will not affect, impair or impact any public facilities. It should be further noted that upon the development of a single family structure on each of the subject Lost 33 and 34, there are sufficient existing public utilities located along A1A to serve such Lots ° See, Introduction to Beach Property Owners Design Manual prepared by Urban Design Studios age (i). It should be noted that without this Waiver, the current structure on the Parcel can be torn down, the subject Lots combined by Unity of Title and a much larger structure can be constructed on the Parcel that would be inconsistent with neighbor single family homes existing or constructed west of A1A in the Seagate neighborhood.. 3 (c) THE GRANTING OF THE WAIVER SHALL NOT SHALL NOT SHALL NOT CREATE AN UNSAFE SITUATION; The requested waivers shall not create an unsafe situation. Developing Lots 33 and 34 separately has no rational bearing on the creation of any known unsafe situation. Development of these lots separately is consistent with the original planning intent and approved plat for this neighborhood. Furthermore, The reduction of the lot frontage of each Lot is minor and minimal and does not negatively impact ingress, or egress to each Lot from a public Right of way (A1A). The Public right of way remains unaffected and no safety hazard or condition will result. Further other Lots on the Plat of Seagate Extension have similar lot frontage to that of which is requested by this waiver and no unsafe condition has been created or resulted. (d) THE GRANTING OF THE WAIVER DOES NOT RESULT IN THE GRANT OF A SPECIAL PRIVILEGE IN THAT THE SAME WAIVER WOULD BE GRANTED UNDER SIMILAR CIRCUMSTANCES ON OTHER PROPERTY FOR ANOTHER APPLICANT OR OWNER The requested waivers do not result in a grant of special privilege in that the same waivers would be granted under similar circumstances on other property for another applicant or owner. LDR Section 4.1.4(C) expressly includes the possibility of these waivers and, as such, the City's Code anticipates the likelihood of such requests and by not prohibiting them as is the case with other kinds of requests, makes specific, express allowance for them, which on its face indicates that granting the waivers would not be a grant of special privilege but an anticipated mode of relief for City property owners. 1001 S OCEAN BLVD DELRAY BEACH, FL 33483 Director of Planning and Zoning City of Delray Beach 100 NW 1SrAvenue Delray Beach FL 33444 15 November 2015 Dear Sir 1040 S Ocean Blvd, Delray Beach, Fl 33483 I live at 1001 S Ocean Blvd and have a frontage of approximately 300Ft. I have been approached by the owners of 1040 S Ocean Blvd with reference to their application to the City where they are seeking to have the two platted lots developed individually into single residences. Their application requires a Waiver because under the new Code, minimum frontage should be not less than 75ft per lot. They have explained to me they are missing 2.Sft per lot and in all other regards, they fully comply. I understand that were the City Commission unwilling to grant this waiver, the existing lots, which total approximately 30,000 sq ft, would then be developed with a single residence with up to 12,000 sq it which would in effect "mansionise" this site with a single monolithic building which is certainly not in keeping with the west side of AIA. Therefore, I write to support the principle of two single residences because I believe that visually, in town planning terms, this would be better and with the required setbacks between the two properties, these areas will be landscaped which will soften the impact of the new residences. I am a keen gardener and would love to see as much foliage as possible when any sites are being developed. EY SWARTZ From: Akastron <akastron@aol.com> Sent: Tuesday, December 22, 2015 4:31 PM To: Ijclegal@aol.com Subject: Fwd: Home at 1040 South Ocean Here is what Bob Victorin sent on behalf of the BPOA to the city commissioners and P&Z. Regards, Andy Begin forwarded message: From: Robert Victorin <bjvic & ac.co > Date: December 7, 2015 at 7:44:27 PM EST To: DRB -Mayor <C,lickstein( mydelxaybeach.com>, DRB-AJacquet <lacquetnmydelraybeach .com>, DRB-JJarjura <j'rGl ra(_mydehaeach.com>, DRB-MKatz <jnkatz DRB-SPetrolia<petrolia(r)naydelraybeach.com>, DRB-P&Z Dir <pzinail &my_delra�h.coin> Subject: Home at 1040 South Ocean Mr. Mayor, City Commissioners, B&Z Director Stallings The Beach Property Owners' Association Board of Trustees has been informed of a request to the City of Delray Beach for the property located at 1040 South Ocean Blvd. We understand that the property consists of two platted lots that are each 72.5 feet in width, 2.5 feet short of the new building codes which require 75 feet. Currently a single residence exists at this location straddling the two lots. We also have been informed that the owner wishes to build one single-family home on each of these platted lots and is requesting a waiver from the City since these are existing non -conforming lots. If two individual homes had been located on the property, new construction would normally be allowed within a grandfather provision. If the applicant does not receive this waiver of 2.5 feet per existing lot, the only reasonable development option would be to build a very large single home on the 145 feet wide lot. Over the years a recurrent complaint we have received from our members is that too many new homes are being built on too large a scale for the residential neighborhoods in the beach area when the lots are large or when several lots are aggregated together. in fact, one of the main suggestions we have recently made to the City for changing the Design Guidelines in the beach area was to indeed reduce the massive nature of large homes being built on aggregated lots by requiring upper floor setbacks. By building two smaller homes on the two separate non -conforming lots the owner would be more in tune with the Design Guidelines recommendations. This would also produce less intense use of space since the side setbacks between the two homes would be air and landscaping rather than filled-in building volume as would be the case for a single large home. The two homes would be more in line with the rest of the beach area single-family homes. 2016. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 1040 SOUTH OCEAN BOULEVARD 1. This waiver request came before the City Commission on January 19, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 1040 South Ocean Boulevard. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.1.4(C) Per LDR Section 4.1.4(C), [Uses of Lots of Record], if two or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. The owner wishes to demolish the existing structure and build two separate single family homes on each of the existing platted lots. The relief would result with each lot short of the required frontage by 2.16 feet. Should the waiver to allow the two lots to be developed separately with the construction of two separate single family homes be granted? 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19th day of January, 2016, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor File #: 16-128, Version: 1 City of Delray Beach Legislation Text 100 N.W. 1 st Avenue Delray Beach, FL 33444 ROUTINE BUSINESS: (All Items Under This Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Seperate Consideration): City of Delray Beach Page 1 of 1 Printed on 1/14/2016 powered by LegistarTM venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-098, Version: 1 TO: Mayor and Commissioners FROM: Steven Chapman, Interim Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 AMENDMENT TO SHI FOR MICROSOFT OFFICE 365 LICENSES Recommended Action: Motion to approve a sole source amendment with SHI to migrate Microsoft Office licenses to Microsoft Office 365 licenses at a cost of $31,160.80. Background: On September 14, 2014, the City Commission approved a three year licensing agreement with SHI for Microsoft Office licenses. The agreement expires on August 31, 2016. The City currently owns 725 Microsoft Office user licenses. The proposed amendment does two things, it increases the total licenses to 852 and provides the most updated version by moving all the licenses to Microsoft Office 365. The Information Technology Department would like to amend the agreement to update the City's Microsoft Office products to Microsoft Office 365. Microsoft Office 365 is cloud based software which will allow the City to maintain updated Microsoft Office products. The cost to add additional licenses, migrate 530 full version licenses and migrate 322 email only licenses is $31,160.80. This purchase is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source". SHI is the sole distributor of microsoft enterprise suite in the State of Florida. Microsoft provides licensing through distributors by state. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 001-1811-513-46.90 - Software Maintenance City of Delray Beach Page 1 of 1 Printed on 1/14/2016 powered by Legistar'"^ 00 Microsoft Program Signature Form MBA/MBSA number U0275474 Agreement number 01E73214 Volume Licensing 000-kfuqua-S-839 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number.. - <Choose Agreement> <Choose Agreement> <Choose Agreement> <Choose Agreement> <Choose Agreement> Enterprise Enrollment X20-02113 (K451) <Choose Enrollment/Registration> <Choose Enrollment/Registration> <Choose Enrollment/Registration> <Choose Enrollment/Registration> Amendment CTM (New) By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)* City of Delray Beach Signature* Printed First and Last Name* Printed Title* Signature Date* Tax ID * indicates required field ProgramSignForm (MSSign)(NA,LatAm)ExB RA, MLI(ENG)(Oct2012) Page 1 of 3 Microsoft Licensing, GP Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title* Signature Date* * indicates required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title* Signature Date* * indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm (MSSign)(NA,LatAm)EXBRA,MLI(ENG)(Oct2012) Page 2 of 3 Prepared By: ProgramSignForm (MSSign)(NA,LatAm)EXBRA,MLI(ENG)(Oct2012) Page 3 of 3 Microsoft I Volume Licensing Enterprise Enrollment — Custom State and Local Enterprise Enrollment number Proposal ID K451 (Microsoft to complete) Previous Enrollment number Earliest expiring previous (Reseller to complete) 4586079 Enrollment end date8/31/2013 This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrollment Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact information form or Previous Agreement/Enrollment form that may be required, (5) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. If renewing Software Assurance, the Reseller will need to insert the previous enrollment or agreement number and end date in the respective boxes above. Term. This Enrollment will expire on the last day of the month, 36 full calendar months from the effective date unless otherwise renewed. Any reference in this Enrollment to "day" will be a calendar day. Product order. The Reseller will provide Enrolled Affiliate with Enrolled Affiliate's Product pricing and order. Prices and billing terms for all Products ordered will be determined by agreement between Enrolled Affiliate and the Reseller.The Reseller will provide Microsoft with the order separately from this Enrollment. Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number and end date must be identified in the respective boxes above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN details, the Previous Agreement/Enrollment form must be used. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product List and chosen by Enrolled Affiliate under this Enrollment. EA2011 EnrGOv(US)SLG(ENG)(Jul2011) Page 1 of 14 Document X20-02113 r►licrosoft..I Volume Licensing "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products may only be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Qualified Device" means any personal desktop computer, portable computer, workstation, or similar device that is used by or for the benefit of Enrolled Affiliate's Enterprise. It does not include: (1) any computer that is designated as a server and not used as a personal computer, (2) any Industry Device, (3) any device running an embedded operating system (e.g., Windows Phone 7) that does not access a virtual desktop infrastructure, or (4) any device that is not managed and/or controlled either directly or indirectly by Enrolled Affiliate's Enterprise. Enrolled Affiliate may include as a Qualified Device any device which would be excluded above (e.g., Industry Device). "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product List. "Reserved License" means for an Online Service identified as eligible for true -ups in the Product List, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "Transition" means the conversion of one or more License to or from another License(s). Products eligible for Transition and permitted Transitions are identified in the Product List. "Transition Period" means the time between the Transition and the next Enrollment anniversary date for which the Transition is reported. 2. Purpose. This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise Products, Enterprise Online Services, and Additional Products. Enrolled Affiliate may choose between on -premise software and Online Services as well as the ability to transition Licenses to Online Services while maintaining Enterprise -wide coverage. Additionally, Enterprise Online Services may be purchased without Enterprise -wide coverage. 3. Product Use Rights, Qualifying Systems Licenses and Transitions. In addition to applicable terms of the Enterprise Agreement, the following terms apply to this Enrollment: EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 2 of 14 Document X20-02113 4. r►licrosoft..I Volume Licensing a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use of that Product during the term. b. Qualifying systems Licenses. The operating system Licenses granted under this program is upgrade Licenses only. Full operating system Licenses are not available under this program. If Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects to run the Windows Desktop Operating System Upgrade must be licensed to run, and have installed on them, one of the qualifying operating systems identified in the Product List. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of the order. That list is more extensive at the time of the initial order than it is for some subsequent orders and system refreshes during the term of this Enrollment. Exclusions are subject to change when new versions of Windows are released. For example: The following are not considered qualifying operating systems: (1) ANY Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are examples of exclusions only and may change. Please see Product List for all current qualifying operating systems. c. Transitions. The following requirements apply to Transitions: (i) Licenses with active Software Assurance or Subscription Licenses may be Transitioned at any time if permitted in the Product List. While Enrolled Affiliate may Transition any time, it will not be able to reduce Licenses or associated Software Assurance prior to the end of the Transition Period. (ii) If a Transition is made back to a License that had active Software Assurance as of the date of Transition, then Software Assurance will need to be re -ordered for all such Licenses on a prospective basis following the Transition Period. Software Assurance coverage may not exceed the quantity of perpetual Licenses for which Software Assurance was current at the time of any prior Transition. Software Assurance may not be applied to Licenses transferred by Enrolled Affiliate. (iii) If a device -based License is Transitioned to a user -based License, all users of the device must be licensed as part of the Transition. (iv) If a user -based License is Transitioned to a device -based License, all devices accessed by the user must be licensed as part of the Transition. d. Effect of Transition on Licenses. Transition will not affect Enrolled Affiliate's rights in perpetual Licenses paid in full. (i) New version rights will be granted for perpetual Licenses covered by Software Assurance up to the end of the Transition Period. (ii) For L&SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have perpetual Licenses for a proportional amount equal to the total of installments paid versus total amounts due (paid and payable) for the Transitioned Product. (iii) For L&SA not paid in full or granted a perpetual License in accordance with the above or Subscription Licenses, all rights to Transitioned Licenses cease at the end of the Transition Period. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment are subject to Section 2(e)(i) of the Enterprise EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 3 of 14 Document X20-02113 r►licrosoft..I Volume Licensing Agreement, as amended, throughout the term of the Enrollment. Price Level's will be captured in the Product Selection Form. b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller. Microsoft's prices for Resellers are fixed throughout the Enrollment term based upon current prices at the time of the initial order for the Product. This includes the following: (i) Any future pricing (if applicable); and (ii) Prices for Transitions, including any prices related to the use of a Product during the Transition Period (if applicable). 5. Order requirements. Minimum Order Requirements. Except as may be otherwise agreed to in writing, Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. (i) Initial Order. Initial order must include at least 250 Licenses from one of the four groups outlined in the Product Selection Form. (ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. (iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. b. Adding Products. (i) Adding new Products not previously ordered. Enrolled Affiliate may add new Enterprise Products by entering into a new Enrollment or as part of a renewal. New Enterprise Online Services may be added by contacting a Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products must be included in the next true -up order. Enrolled Affiliate must Licenses for Online Services prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product List or (2) included as part of other Licenses (e.g., Enterprise CAL). True -up orders. Enrolled Affiliate must submit an annual true -up order that accounts for changes since the initial order or last true -up order, including: (1) any increase in Licenses, including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2) Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted). Microsoft, at its discretion and as permitted by applicable law, may validate the customer true -up data submitted through a formal product deployment assessment, using an approved Software Asset Management (`SAM') Partner. The true -up order must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The third -year anniversary true -up order is due within 30 days prior to the Expiration Date. Enrolled Affiliate may true -up more often than at each Enrollment anniversary date except for Subscription License reductions. (i) Enterprise Products. Enrolled Affiliate must determine the current number of Qualified Devices and Qualified Users (if ordering user -based Licenses) and order the License difference (if any), including any Enterprise Online Services. EA2011 EnrGov(US)SLG(ENG)(Jul2011) Page 4 of 14 Document X20-02113 r►licrosoft..I Volume Licensing (ii) Additional Products. For Products which have been previously ordered, Enrolled Affiliate must determine the Additional Products used and order the License difference (if any). (iii) Online Services. For Online Services identified as eligible for true -up orders in the Product List, Enrolled Affiliate must first reserve the additional Licenses prior to use. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the prior year based upon the month in which they were reserved. (iv) Late true -up order. If the true -up order is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered. 2) Transitions and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). (v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an increase in Licenses to be included on the true -up order and a reduction of Licenses for prior orders. Reductions in Licenses will be effective at end of the Transition Period. Associated invoices will also reflect this change. (vi) Subscription License Reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses on a prospective basis if permitted in the Product List as follows: 1) For Subscription Licenses part of an Enterprise -wide commitment, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices identified on the Product Selection Form. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services not a part of an Enterprise -wide commitment, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (vii)Update statement. An update statement must be submitted instead of a true -up order if, as of the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. The update statement must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The last update statement is due at least 30 days prior to the Expiration Date. d. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 5 of 14 Document X20-02113 r►licrosoft..I Volume Licensing (iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product and wants to step-up to an Enterprise Online Service eligible for a Transition, the step-up may be reported as a Transition. (iv) If Enrolled Affiliate Transitions a License, it may be able to further step-up the Transitioned License. If Enrolled Affiliate chooses to step-up and the step-up License is separately eligible to be Transitioned, such step-up Licenses may result in a License reduction at the Enrollment anniversary date following the step-up. 6. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 7. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal Option. At the Expiration Date, Enrolled Affiliate can renew Products by renewing the Enrollment for one additional 36 full calendar month term or signing a new Enrollment. Microsoft must receive a Product Selection Form and renewal order prior to or at the Expiration Date. The renewal term will start on the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make a change to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new Agreements and Enrollments. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring L&SA. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product List, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Government Partner must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Government Partner must submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Online Services not eligible for an Extended Term. If Online Services are not identified as eligible for an Extended Term in the Product List, the Licenses will be EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 6 of 14 Document X20-02113 r►licrosoft..I Volume Licensing cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. (iv) Customer Data. Upon expiration or termination of a License for Online Services, Enrolled Affiliate must tell Microsoft whether to: 1) disable its account and then delete its Customer Data ("Data Deletion"); or 2) retain its Customer Data in a limited function account for at least 90 days after expiration or termination of the License for such Online Service (the "Retention Period") so that Enrolled Affiliate may extract its Customer Data. 3) If Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract its Customer Data. If Enrolled Affiliate indicates it wants a Retention Period, Enrolled Affiliate will be able to extract its Customer Data through Microsoft's standard processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any applicable costs to the extent allowed by applicable law. If Enrolled Affiliate does not indicate either Data Deletion or a Retention Period, Microsoft will retain Enrolled Affiliate's Customer Data in accordance with the Retention Period. 4) Following the expiration of the Retention Period, Microsoft will disable Enrolled Affiliate's account and then delete its Customer Data. 5) Enrolled Affiliate agrees that, other than as described above, Microsoft has no obligation to continue to hold, export or return Enrolled Affiliate's Customer Data. Enrolled Affiliate agrees Microsoft has no liability whatsoever for deletion of Enrolled Affiliate's Customer Data pursuant to these terms. d. Termination. (i) Termination for cause. Either party to an Enrollment may terminate it if the other party materially breaches its obligations under this agreement, including any obligation to submit orders or pay invoices (even if such non-payment is caused by non -appropriation of funds). Except where the breach is by its nature not curable within 30 days, the terminating party must give the other party 30 days notice and opportunity to cure.. (ii) The parties acknowledge and agree that the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event funds are not appropriated by the Legislature, the State of Florida will provide 30 days written notice to Microsoft of such non -appropriation and intent to terminate any applicable Enrollments. (iii) (iii) Early termination. If (1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non - appropriation of funds, or (4) Microsoft terminate an Enrollment for non-payment due to non -appropriation of funds, then the Enrolled Affiliate will have the following options: It may immediately pay the total remaining amount due, including all installments, in which case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or ■ It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for: 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term) for which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term) that is proportional to the total of EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 7 of 14 Document X20-02113 r►licrosoft..I Volume Licensing installment payments paid versus total amounts due (paid and payable) if the early termination had not occurred. Nothing in this section shall affect perpetual License rights acquired either in a separate agreement or in a prior term of the terminated Enrollment. (iv) Effect of termination or expiration. When an Enrollment expires or is terminated, ■ Enrolled Affiliate must order Licenses for all copies of Products it has run for which it has not previously submitted an order. Any and all unpaid payments or any order of any kind, including subscription services, remain due and payable. Except as provided in the subsection titled "Early termination," all unpaid payments for Licenses immediately become due and payable. ■ Enrolled Affiliate's right to Software Assurance benefits under this agreement ends if it does not renew Software Assurance. (v) Modification or termination of an Online Service for regulatory reasons. Microsoft may modify or terminate an Online Service where there is any current or future government requirement or obligation that: (1) subjects Microsoft to any regulation or requirement not generally applicable to businesses operating there; (2) presents a hardship for Microsoft to continue operating the Online Service without modification; and/or (3) causes Microsoft to believe these terms or the Online Service may be in conflict with any such requirement or obligation. For example, Microsoft may modify or terminate an Online Service in connection with a government requirement that would cause Microsoft to be regulated as a telecommunications provider. (vi) Enterprise Agreement Program updates. Microsoft may make a change to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments.For Subscription Licenses, in the event of a breach by Microsoft, Microsoft will issue Reseller a credit for any amount paid in advance that would apply after the date of termination. 6 4k. EA2011 EnrGOv(US)SLG(ENG)(Jul2011) Page 8 of 14 Document X20-02113 r►licrosoft..I Volume Licensing Enrollment Details 1. Enrolled Affiliate's Enterprise. Identify which Affiliates are included in the Enterprise. Check only one box in this section: ® Enrolled Affiliate ❑ Enrolled Affiliate and the following Affiliate(s): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. Name of entity (must be legal entity name)* City of Delray Beach Contact name* First Guy Last Buzzelli Contact email address* buzzelli@mydelraybeach.com Street address* 150 NW 1St Ave City* Delray Beach State/Province* FL Postal code* 33444-2612 (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* USA Phone* 561-243-7149 Fax 561-243-7188 Tax ID b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 9 of 14 Document X20-02113 Microsoft I Volume Licensing grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses, step-up, and initiate Transitions prior to a true -up order. ❑ Same as primary contact Name of entity* City of Delray Beach Contact name* First Jennifer Last Reynolds Contact email address* reynoldsj@mydelraybeach.com Street address* 150 NW 1St Ave City* Delray Beach State/Province* FL Postal code* 33444-2612 (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* USA Phone* 561-243-7192 Fax 561-243-7188 Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning personally identifiable information of the Customer and its Affiliates. This contact receives c. Microsoft Account Manager. Microsoft Account Manager for this Enrolled Affiliate is: Microsoft account manager name: Alicia Salmeron Perez Microsoft account manager email address: alsalm@microsoft.com d. Media delivery contact (DO NOT COMPLETE IF ATTACHING MEDIA ELECTION FORM). This is the contact at the ship to/electronic delivery address. ® Same as notices contact and Online Administrator Name of entity* Contact name: First* Last* Contact email address (required for online access)* Street address (no PO boxes accepted)* City* StatelProvince* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Fax e. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses, step-up, and initiate Transitions prior to a true -up order. ® Same as notices contact and Online Administrator Name of entity* Contact name*: First Last Contact email address* Street address* City* StatelProvince* Postal code* Country* Phone* Fax ❑ This contact is from a third party organization (not the receives personally identifiable information of the entity. entity). Warning: This contact f. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State/Province* NJ Postal code* 08873 Country* USA Contact name* EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 10 of 14 Document X20-02113 r►licrosoft..I Volume Licensing Phone* 888-764-8888 Fax 888-764-8889 Contact email address* msteam@shi.com The undersigned confirms that the information is correct. Name of Reseller* SHI International Corp. Signature* Printed name* Printed title* Date* Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. g. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. • Additional notices contact • Software Assurance manager • Subscriptions manager • Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 11 of 14 Document X20-02113 Microsoft I Volume Licensing Enterprise and Enterprise Subscription Enrollment Product Selection Form — Amendment ID CTM-SplitCC The following Amendment replaces the standard Enterprise and Enterprise Subscription Enrollment Product Selection Form and Amends the "Order Requirements" Section of the Enrollment. This Amendment enables the Enrolled Affiliate the ability to meet the initial Enrollment Order requirements with Products other than Enterprise Products and Enterprise Online Services Products. These Products are captured under the Platform Option of "Enterprise Product Components" specified in Step 1 below. Enrolled Affiliate may select "Enterprise Product Components" for all Qualified Users/Devices without the requirement of also having Enterprise Products or Enterprise Online Services specified on this Amendment. Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise Online Services on the initial enrollment order. Choose both if applicable. ® Enterprise Products. Choose platform option: Professional Desktop with MDOP Qualified Devices: 725 Qualified Users: 725 ❑ Enterprise Online Services Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional future use, or to which it is transitioning or stepping up within enrollment term. Products for which the Enrolled Affiliate has an option to transition or step-up should be listed in Step 3. .. UCtS2 Quantity Office Professional Plus Office Pro Plus 725 Office Pro Plus for Office 365 Office Standard Office 365 Plans Office 365 (Plan E1) Office 365 (Plan E2) Office 365 (Plan E3) Office 365 (Plan E4) EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 12 of 14 Document X20-02113 Microsoft I Volume Licensing .. UCtS2 Quantity Client Access License (CAL). Choose 1 option for either Core CAL or Enterprise CAL ® Core CAL, including Bridge CAL's (if applicable) Core CAL 725 Core CAL Bridge for Office 365 Core CAL Bridge for Windows Intune Core CAL Bridge for Office 365 and Windows Intune ❑ Enterprise CAL (ECAL) ECAL ECAL Bridge for Office 365 ECAL Bridge for Windows Intune ECAL Bridge for Office 365 and Windows Intune The Client Access License selection must be the same across the Enterprise. Specify whether licensing CAL per Device or User: User Enterprise Product Components. Choose 1 or multiple Components ❑ Windows CAL ❑ Exchange Standard CAL ❑ SharePoint Standard CAL ❑ Lync Server Standard CAL ❑ System Center Configuration Manager Client ML ❑ Forefront End Point Protection ❑ Windows Remote Desktop Services CAL ❑ Exchange Enterprise CAL ❑ SharePoint Enterprise CAL ❑ Lync Server Enterprise CAL ❑ System Center Client Management Suite ML ❑ Forefront Protection Suite ❑ Forefront Unified Access Gateway CAL The Client Access License selection must be the same across the Enterprise. Specify whether licensing CAL per Device or User: <Choose One> Windows Desktop Windows OS Upgrade 725 Windows VDA Windows Intune Windows Intune Windows Intune Add-on Other Enterprise Products Microsoft Desktop Optimization Pack MDOP 725 SQL Server Device CAL SQL Server User CAL 725 If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges the following: The Windows Desktop Operating System Upgrade licenses offered through this Enrollment are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying operating system licenses for all devices on which the Windows Desktop Operating System Upgrade or Windows Intune licenses are run. b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses. See the Product List for details. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 13 of 14 Document X20-02113 r►licrosoft..I Volume Licensing Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for optional future use where not selected on the initial enrollment order (above): .. ❑ Office Pro Plus for Office 365 ❑ Office 365 (Plan E1) ❑ Office 365 (Plan E2) ❑ Office 365 Plan E3 ❑ Office 365 Plan E4 ❑ Enterprise CAL (ECAL) Step-up, including Bridge CALs ❑ Windows Intune ❑ Windows Intune Add-on Step 4. Establish the Enrolled Affiliate's Price Level. Enrolled Affiliate must first count the quantity of Software Assurance and Licenses in each of the groups as described below by using the quantities entered in the above table. If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "D" throughout the term of the Enrollment. Do not include Bridge CALs, as License quantities are determined by the corresponding Enterprise Online Service(s). Enterprise Products and Enterprise Online Services: Set price level using the D highest quantity from Groups 1 through 4 Additional Product Application Pool: Set price level using quantity from Group 1 D Additional Product Server Pool: Set price level using the highest quantity from D Group 2 or 3 Additional Product Systems Pool: Set price level usinq quantity from Group 4 D ' Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. 2 Additional Products may be included on the order, but are not selected on this form. 3 Windows Intune Add-on requires purchase of Windows OS Upgrade or Windows VDA. n MDOP requires purchase of Windows OS Upgrade, Windows VDA, or Windows Intune. This form must be attached to a signature form to be valid. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 14 of 14 Document X20-02113 ProductsPrice Group Qty from above Level 250 and Office Professional Plus + Office Professional Plus for Office 365 + 1 725 Above D Office 365 Plans E2—E4 Client Access License + Office 365 (Plans E1 -E4) + Enterprise 2 725 Product Components Client Access License + Windows Intune Add-on + Windows Intune + 3 725 Enterprise Product Components 725 Windows Desktop Upgrade + 4 Windows VDA + Windows Intune Enterprise Products and Enterprise Online Services: Set price level using the D highest quantity from Groups 1 through 4 Additional Product Application Pool: Set price level using quantity from Group 1 D Additional Product Server Pool: Set price level using the highest quantity from D Group 2 or 3 Additional Product Systems Pool: Set price level usinq quantity from Group 4 D ' Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. 2 Additional Products may be included on the order, but are not selected on this form. 3 Windows Intune Add-on requires purchase of Windows OS Upgrade or Windows VDA. n MDOP requires purchase of Windows OS Upgrade, Windows VDA, or Windows Intune. This form must be attached to a signature form to be valid. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 14 of 14 Document X20-02113 Microsoft Volume Licensing Enterprise Enrollment Amendment ID CTM 000-kfuqua-S-839 This amendment ("Amendment") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. The parties agree that the Enrollment is amended by adding the following new section: 1. The following term is added under the Section entitled "Definitions." "Entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. 2. The following section entitled "Termination & Rewrite" is added. Termination & Rewrite a. Customer has informed Microsoft that their current Enterprise Enrollment was not authorized by the City Commission and was not executed properly as required by the City Charter. Therefore, Enrollment No. 7031324 between Entity and Microsoft (the "Terminated Enrollment") shall be deemed terminated upon full execution and delivery of this Amendment and the new enrollment ("New Enrollment") being signed in connection with the Agreement identified above. b. The termination date will be one day prior to the Effective Date of the New Enrollment. c. The Effective Date of the New Enrollment shall be September 1", 2013. d. Upon such termination, Microsoft shall void any billings to Entity or its Reseller that are or will be invoiced on or after the Effective Date of termination of the Terminated Enrollment. Any quantities for Online Services not included under the New Enrollment will expire upon termination. e. Any of Entity's obligations to place any true -up orders under the Terminated Enrollment shall be deemed waived. Within 45 days of the effective date of the New Enrollment, all copies of Products installed under the Terminated Enrollment must be removed from the devices on which they were installed, except for those copies included under the New Enrollment. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. This amendment must be attached to a signature form to be valid. EAEnrAmend(WW)(ENG)(Oct2008) Terminate and replace invalid Enrollment BD CTM Page 1 of 1 �hv City of Delray Beach FL Jennifer Reynolds 100 NW 1st Ave Palm Beach, FL 334442612 UNITED STATES Phone: (561) 243-7192 Fax: Emai: ReynoldsJ@mydelraybeach.com All Prices are in US Dollar (USD) Pricing Proposal Quotation #: 10776670 Created On: 12/17/2015 Valid Until: 1/29/2016 Account Executive Thomas Naelon 18069 SW 152nd Ave. Miami, FL 33187 Phone: 305-971-5266 Fax: 305-971-5283 Email: momas_naelon@shi.com Product City Your Price Total 1 Microsoft Office 365 Plan E3 for Gov Subscription -Add-On to Existing Office/Core 530 $46.40 $24,592.00 CAL - Per User - 8 Months Microsoft - Part#: AAA -10764 Note: Period through end of current enrollment 8/31/2016 2 Microsoft Office 365 Plan K1 for Gov Subscription - Per User - 8 Months 322 $20.40 $6,568.80 Microsoft - Part#: TPA -00001 Note: Period through end of current enrollment 8/31/2016 Shipping $0.00 Total $31,160.80 Additional Comments SHI Fed ID# 22-3009648 The Products offered under this proposal are subject to the SHI Return Policy posted at wwwshicom/returnoolicv, unless there is an existing agreement between SHI and the Customer. Microsoft Program Signature Form MBA/MBSA number U0275474 Agreement number 01E73214 Volume Licensing 002-shancock-s-517 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document <Choose A reerri Number or Code Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose EnrollmenURe istration> Document Number or Code <Choose EnrollmenURe istration> Document Number or Code <Choose EnrollmenURe istration> Document Number or Code <Choose Enrollmen URe istration> Document Number or Code Amendment CTM M306 5608347 Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)' City of Delray Beach Signature* Printed First and Last Name* Printed Title Signature Date' Tax ID ProgramSignFonn(MSSign)(NA,LatAm)EXBRA,MLI(ENG)(Aug2014) Page 1 of 2 Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 20° Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form (s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation COPY. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm(MSSign)(NA, LatAm)ExBRA, MLI(ENG)(Aug2014) Page 2 of 2 Microsoft Enterprise Enrollment (Indirect) US Government Community Cloud Amendment ID CTM M306 Enrollment Number Mlcrowlt to complete formiea/ term 5608347 Partner to complete for renewal Volume Licensing 002-shancock-s-517 This amendment ("Amendment") is entered into between the parties on the attached program signature form. It amends the Enrollment identified above. All terms used but not defined in this Amendment will have the same meanings provided in the Enrollment. The parties agree that the Enrollment is amended as follows: 1. Section 1 ("Definitions") of the Enrollment is hereby amended by adding the following: "Azure Government Services" means one or more of the services or features Microsoft makes available to Enrolled Affiliate under this Enrollment and identified at hdo://azure.microsoft.com/en- us/regions/#services, which are Government Community Cloud Services. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's mufti -tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product List. "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customers state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally -recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights," means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Use Rights. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means httl)://www.microsoft.com/licensing/contracts or a successor site. 2. The following sentence is added to the end of Section 7(d) of the Enrollment ("Termination for cause"): In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise fails to meet and maintain the conditions of membership in the definition of Community. AmendmentApp 0.0 CCTM CCTM BD Page 1 of 2 3. The following new Section 8 is hereby added to the Enrollment: 8. Government Community Cloud a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non -Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights and this Amendment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (it) Additional European Terms, as set forth in the Use Rights, will not apply (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. e. Notwithstanding the Data Processing Terms section of the Online Services Terms, Azure Government Services are not subject to the same control standards and frameworks as the Microsoft Azure Core Services. The Microsoft Azure Trust Center describes the control standards and frameworks with which Azure Government Services comply. Except for changes made by this Amendment, the Enrollment identified above remains unchanged and in full force and effect. If there is a conflict between any provision in this Amendment and any provision in the Enrollment identified above, this Amendment shall control. This Amendment must be attached to a signature form to be valid Internal Use CTM-OTH I BD AmendmentApp v3.o CCTM CCTM BD Page 2 of 2 File #: 16-048, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Suzanne Fisher, Director Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 INTERLOCAL AGREEMENT - CRA - CO -TITLE TENNIS TOURNAMENT SPONSORSHIP Recommended Action: Motion to appprove the Interlocal Agreement with the CRA for a term which will commence upon execution of the contract and terminate on September 30, 2016 for the Co -Title Tennis Tournament Sponsorship in the amount of $550,000. Background: On September 8, 2015, the City Commission was presented the Community Redevlopment Agency (CRA) FY 2015-2016 Work Plan and Budget. Included in this Work PLan and Budget was Co -Title Tennis Tournament Sponsorship (line item 7470) in the amount of $550,000. City Attorney Review: The item should be fully vetted with legal for adherence with existing ordinances and laws. Finance Department Review: Finance recommends approval. Funding Source: N/A - funding is provided by CRA. Timing of Request: This is time sensitive as the Delray Beach Open is February 12 - 21, 2016. City of Delray Beach Page 1 of 1 Printed on 1/14/2016 powered by LegistarTM INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR SPONSORSHIP OF CITY TENNIS TOURNAMENTS THIS AGREEMENT is made this day of , 2015 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY hosts tennis tournaments, including the Delray Beach Open by the Venetian Las Vegas, at its Tennis Stadium; and WHEREAS, the CRA desires to be a co -title sponsor with the CITY for this tournament; and WHEREAS, the tennis tournaments will be held at the City's Tennis Stadium from February 12th through February 21, 2016 which is located within the City's Community Redevelopment Area; and WHEREAS, the tennis tournaments attract numerous spectators to the Community Redevelopment Area who also patronize local businesses, which provides a beneficial economic impact to those businesses located within the Community Redevelopment Area; and WHEREAS, due to the beneficial economic impact of the tennis tournaments, the CRA and the CITY find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Delray Beach, including the Community Redevelopment Area. [00041625.] 655-0600180 I NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows - 1 . ollows: 1. The recitations set forth above are hereby incorporated herein. 2. The GRA shall provide funding to the CITY in the amount of Five Hundred and Fifty Thousand and 00/100 Dollars ($550,000.00) to be a co -title sponsor for the Delray Beach Open by the Venetian Las Vegas tournament, to be held from February 12th through February 21, 2016 to help defray the costs of the 2016 International Tennis Championship Tournament, and the Champions Tournament. The CRA will share in the attendant benefits of that sponsorship, as provided in Exhibit "A", which is attached hereto, and incorporated herein by reference. Such payment shall be made to the CITY within 45 days of the receipt of the invoice from the City of Delray Beach. 3. The term of this Agreement shall commence upon execution by both parties and shall terminate on September 30, 2016. 4. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs or other advertising materials used to publicize CRA funded activities must be approved by the CRA prior to being utilized. Upon request by the CRA, the CITY shall provide proof of the use of the CRA logo as required by this paragraph. 5. This interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 6. PUBLIC RECORDS. CITY is a public agency subject to Chapter 100691625.1 655-06{IQlfl6 f 2 119, Fla. Stat. the CRA shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CRA agrees to: 6.1 Keep and maintain all records that ordinarily and necessarily would be required by the CITY. 6.2 Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 6.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 6.4 Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CRA at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the CRA. 6.5 If CRA does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 7. INSPECTOR GENERAL. CRA is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from the CRA, and its sub licensees and lower tier sub licensees. The CRA understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the CRA or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General 109491625.1 655-0600 180 } 3 when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 8. Governing Law. Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST.- City TTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA 500041623.1 E53-0600180 } 4 Bv: Cary Glickstein, Mayor ATTEST: ' J ' Je7r€�j�O stello, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Re inald A. Cox, Chair (SEAL) Th foregoing instrument was at16.�; wledged before me this day of 2015, by .' as i 4 __ (name of officer or ent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ype o i entification) as identification. aaaau�rrrp Susan B. Shaw � A U � Nota Public — State of Florida ' e�'. - CammiMon # FF 070388 '11`Expires: Nov. 13,2017 iy/lp: WWW.AAkiDNNOTARY--cam X00091625.1 655-0600180 J 5 EXHIBIT "A" DIAMOND "CITY" PARTNERSHIP IDENTIFICATION Stadium court signage (name/logo) 2 signs on stadium court 1 sign on the upper level 2nd show court signage (name/logo) 2 signs on court 3rd show court signage (name/logo) 2 signs on court Recognition as a Diamond "City" Sponsor on sponsor's board at tournament entrance* Recognition as a Diamond "City" Sponsor on sponsor's board prominently displayed* --- Recognition as a Diamond "City" Sponsor in the Official Tournament Program - Recognition as a box holder on box holder's board prominently displayed on-site* w Recognition as a box holder in the Official Tournament Program Corporate identification at box seat entrance on stadium court *Sponsors and Box Holders Boards are prominently displayed year-round at the Delray Beach Tennis Center & Stadium. ADVERTISING 1 full-page advertisement in the Official Tournament Program Name/logo included in print and promotional materials produced by Match Point, Inc. where applicable (posters, ticket brochures, etc.) Inclusion in the Official Delray Beach Open by the Venetian Las Vegas Partner Guide, distributed to all Delray Beach Open by the Venetian Las Vegas sponsors, business associates, box holders and series ticket holders - Right to incorporate sponsor's tournament affiliation in promotional activities PROMOTIONS A 10' x 10' exhibition booth to showcase sponsor's products and services, including 2 exhibitor credentials per session - 1 parking pass per session 1 public address announcement per match on stadium court - Assistance in designing promotions and creating tournament related marketing programs 100091625.1 655-0600180 6 M Sponsor may supply product to spectators, players, press, and tournament VIP's, upon Match Point, Inc.'s approval TICKETS, CREDENTIALS & PASSES 2 boxes (4 seats each) per session 4 VIP credentials - 2 VIP parking passes per session 8 reserved seats (sections A - 0) on stadium court per session 4 premier parking passes per session WEBSITE & "E" NEWSLETTER Recognition on Official Tournament Website (approx 500,000 visits during tournament) Link to company's website from Official Tournament Website, www.YellowTennisBall.com --- "Featured Introduction" to fellow sponsors, VIPs, Box Holders, and chamber members via "Official Newsletter" to approximately 6,500 recipients seven (7) times annually HOSPITALITY& ENTERTAINMENT Invitations for 8 people to join us for the Charity Players Party - Hospitality areas with catering are available for your entertainment needs OFFICIAL TOURNAMENT MERCHANDISE 8 Official Tournament Polo Shirts 8 Official Tournament T-shirts - 16 Official Tournament Programs The Diamond "City" Partnership is valued at $175,000.00. 10009i.e2s.l 655-060(17Rf7 } 7 - - DELF.Y BEACH CR COMMUNITY REDEVELOPMENT l:.f':: ', DRAFT PROPOSED Budget FY 15-16 CRA Delray Beach Y Proposed Budget FY 2015-16 NOTES Revenue from Activities 4000 • TAX INCREMENT FINANCING (TIF) 4005 TIF - City of Delray Beach 8,814,103 Proposed millage rate 7.0611 4010 TIF - County 5,968,565 Proposed millage rate 4.7815 Total 4000 • TAX INCREMENT FINANCING (TIF) 14,782,668 4050 • CRA ADMINISTRATION SOURCES 4060 Land Sales 3,800,000 Sale of Old Library Site/Chamber & 203 NW 5th Ave 4216 Green Market Booth & Other 65,000 4240 Property Revenue (Rents) 76,000 4500 General Fund Carry forward 8,091,924 xxxx• LOC (to be established) 2,228,210 4700 - Reimbursement - City 120,000 Economic Development positions -shared expenses 4800 • Loans Receivable Interest 63,000 Chamber, DBCLT & Fairfield Inn loans 4900 • Interest Earned 15,000 Total 4050 • CRA ADMINISTRATION SOURCES 14,459,134 Total Revenue from Activities 29,241,802 Expenditures for Activities 5001 • AREAWIDE & NEIGHBORHOOD PLANS 5110 West Atlantic Redevelopment Plan 125,000 5115 Land Acquisition 1,600,000 Acquire/improvement of blighted property 5120 • Project Develop/ Implementation 25,000 5122 - SW 10/9th Ave Improvements (CIP) 200,000 Pedestrian linkages & on -street parking 5123 - Block 8 Alley (CIP) 120,000 Construction of alleys 5130 • NW 12th Ave- Atlantic to MILK (CIP) 700,000 Beautification of 2 block area, including alleys 5132 - SW 6th, 7th, 8th, & 9th Ave (CIP) 200,000 Pedestrian linkages 5140 • Legal Fees -W. Atlantic Redevelop 50,000 Total 5100 • West Atlantic Redevelop 3,020,000 5200 • DOWNTOWN- DB -MASTER PLAN - 5201 - DBCFA Facility (CIP) 1,200,000 Phase 1 construction 5202 - DBCFA Building Maintenance (CIP) 300,000 Deferred maintenance 5205 - Old Library Site Redevelopment 25,000 Dumpsters for area business - will be eliminated with redevelopment 5210 • SE 1st Street 2 way conversion (CIP) 250,000 Conversion to 2 way traffic between US1 and Swinton w/ traffic signal 5215 - E Atlantic Ave Pedestrian Improvements (CIP) 30,000 Analysis and design 5225 • Gateway Feature (Signage) 50,000 Design and installation of signage & markers 5230 • Downtown Trolley 400,000 Continued operation of downtown trolley 5235 • Parking Management Projects (CIP) 400,000 Funding to assist implementation of 2010 Parking Master Plan 5239 - Project Develop / Implementation 20,000 5242 - Veterans Park 200,000 Phasel playground 5251 - NE 3rd St/Ave Alley Improvements (CIP) 1,000,000 Construction drawings & improvements 5253 - Swinton & Atlantic Intersection (CIP) 200,000 Design and construction 5255 - Downtown Core Parking Analysis (CIP) 50,000 Update parking utilization section 5276 • MILK Jr. Drive Phase II (CIP) 320,000 Landscape nodes, sidewalks and art feature 5278 • SE 4th Avenue Beautification (CIP) 600,000 Design and construction drawings 5295 • Legal Fees -DB Master Plan 10,000 Total 5200 • DOWNTOWN- DB -MASTER PLAN 5,055,000 5300 • SW Neighborhood Plan 5306 - Village Square Elderly Loan 2,700,000 Construction loan- Village Square Elderly Apartments 5325 • Project Develop/Implementation 5,000 5330 - Block 32 Alley (CIP) 100,000 Construction of alley - SW neighborhood 5340 • SW 12th Avenue 200,000 Acquire/improvement of blighted property 5341 • SW 12th Ave Duplex 150,000 5345 • SW 14th Avenue 300,000 Acquire/improvement of blighted property 5350 • SW 2th Street Beautification (CIP) 200,000 5355 - Merritt Park (CIP) 450,0001 Upgrades to park and install additional parking - - DELF.Y BEACH CR COMMUNITY REDEVELOPMENT A(":: '. DRAFT PROPOSED Budget FY 15-16 CRA Delray Beach Y Proposed Budget FY 2015-16 NOTES 5360 - Block 63 Alley (CIP) 100,000 5395 • Legal Fees -SW Neighborhood Plan 40,000 Total 5300 • SW Neighborhood Plan 4,245,000 5400 • N. Federal Highway Area 5412 - Federal Highway Plan Update 50,000 5495 - Legal Fees N Fed Hwy Redv 1,000 Total 5400 • N. Federal Highway Area 51,000 5500 • Osceola Park Neighborhood Plan 5510 • Alleys (CIP) 175,000 Construction of 3 alleys 5520 - Business Area Revitalization (CIP) 800,000 Construction of parking, streetscape, on -street parking and alley improve 5595- Legal Fee - Osceola Plan 3,000 Total 5500 Osceola Neighborhood Plan 978,000 5600 • OTHER - 5610 • Land Acquisition - Other 200,000 Acquire/improvement of blighted property 5640 - Neighborhood Enhancement 2,500 Identification signs 5650 - Sidewalks - Other (CIP) 200,000 Includes pedestrian improvements at rail road crossings 5660 - NW/SW Neighborhood Alley (CIP) 100,000 Design and construction 5685 • Misc. Pre -Development Costs -Other 5,000 5695 • Legal Fees -Other 2,500 Total 5600 • OTHER 510,000 5700 • Seacrest/ Del Ida Neighborhood Plan - 5710 • NE 2nd Ave/Seacrest Blvd. Beautif. (CIP) 800,000 Streetscape improvements Total 5700 • Seacrest/Del Ida Neighborhood Plan 800,000 Total 5001 • AREAWIDE & NEIGHBORHOOD PLANS 14,659,000 6000 • REDEVELOPMENT PROJECTS 6200 • NW/SW-5th Ave Beautification - 6203 • NW 5th Avenue Entrance Feature 100,000 Design and construction of entry feature at Lake Ida Rd and NW 5th Ave 6206 • NW 5th Avenue (CIP) 400,000 Acquire/improvement of blighted property 6213 - Block 20 Alley Improvements (CIP) 75,000 Construction of an alley within Block 20 6214 • Project Development 5,000 6215 • Legal Fee-NW/SW 5th Ave -Beautification 10,000 Total 6200 • NW/SW-5th Ave Beautification 590,000 6300 • Redevelopment Sites 6303 • Maintenance 135,000 Properties under CRA ownership 6304 - Business Relocation 30,000 Related to property acquisition 6305 - Project Develop/Implementation 2,500 6310 -Property Insurance 100,000 6315 - Property Taxes 75,000 6320 - Utilities 20,000 6330 - Block 60 Parking Lots 8,000 Block 60 condo fees - parking lot behind CRA office 6350 - West Settlers Condo Association 14,000 West Settlers condo fees 6395 - Legal Fees 5,000 Total 6300 • Redevelopment Sites 389,500 6500 • Affordable/Workforce Housing Program - 6505 • Resident Relocations 15,000 6506 - Subsidies 150,000 Subsidies to assist buyers of affordable housing 6513 • Land Acquisitions- Affordable Housing 300,000 6535 - A -Guide Funding - DBCLT 6555 • Housing Study 175,000 50,000 A -GUIDE funding to support Delray Beach CLT Collaborate with City to determine needs for area 6595 • Legal Fees -Afford Housing 10,000 Total 6500 • Affordable/Workforce Housing 700,000 6600 • Carver Square Neighborhood - 6600 - Carver Square Neighborhood 10,000 6630 - SW 2nd Terrace Reconstruction (CIP) 65,000 Street reconstruction 6650 • Legal Fees -Carver Square 6,000 Total 6600 • Carver Square Neighborhood 81,000 - - DELA' Y BEACH CR COMMUNITY REDEVELOPMENT A(":: '. DRAFT PROPOSED Budget FY 15-16 CRA Delray Beach Y Proposed Budget FY 2015-16 NOTES Total 6000 • REDEVELOPMENT PROJECTS 1,760,500 7000 • COMMUNITY IMP & ECONOMIC DEVELOP 7300 • Grant Programs 7305 - Curb Appeal Assistance Grant 35,000 7306 • Site Assistance Grant 339,490 7307 • Business Assistance Startup 40,000 7308 • Paint -Up Assistance Grants 27,275 7310 • Community Activities 3,000 7312 • Historic Facade Grants 75,000 Total 7300 - Grant Programs 484,765 7320 • Downtown Marketing & Promo 7321 - DBMC 351,510 Support downtown marketing and events Total 7320 • Downtown Marketing & Promo 351,510 7330 • City Contractual Services 7331 - Planning, IT, and Parking Manager 110,000 Interlocal Agreement (ILA) 7333 • Housing Rehab 38,470 ILA 7335 • Clean & Safe 2,324,280 ILA 7336 • Streetscape Maintenance 60,000 ILA 7337 • Project Engineer 97,557 ILA 7338 • Neighborhood Planner/Resource Ctr 41,060 ILA Total 7330 • City Contractual Services 2,671,367 7375 • Community Resource Enhancement 7375 - Community Resource Enhancement 25,000 WARC staffing assistance 7376 • A -GUIDE Funding 1,225,200 A -GUIDE funding 7375 - Community Resource Enhancement 1,250,200 7380 • Green Market 7381 • Personnel & Staff -Green Market 87,400 Green Market Manager & seasonal part time help 7382 • Entertainment/Vendors 11,100 7383 • Supplies & Materials 3,495 7384 • Administration & Operations 13,500 Park rental, purchase of golf cart & equipment rentals 7385 • Signs/Banners/Ads-Green Market 12,500 Total 7380 • Green Market 127,995 7400 • ECONOMIC DEVELOPMENT INITIATIVES 7415 - Economic Development Incentives 100,000 Incentives and programs to attract new businesses 7416 - Micro -Lending Programming 100,000 Revolving loans/funds to assist small business 7425 - Economic Development Marketing 25,000 Promotion of programs, sites, plans, etc. 7440 - Warehouse / Arts Incubator 2,800,000 Construction drawings and beginning elements of the construction project 7470 - Tennis Tournament Sponsorship 550,000 Co -title sponsor along with City 7490 • Legal Fees 10,000 Total 7400 • Economic Development Initiative 3,585,000 Total 7000 • COMMUNITY IMP & ECONOMIC DEV 8,470,837 8000 • ADMINISTRATION 8010 • PERSONNEL ITEMS 8011 - Salaries & Wages 980,000 2.5% increase 8013 • Payroll Taxes 80,000 Medicare, social security, unemployment and workers comp 8014 • Travel Allowance 7,020 8015 - Ins-Health/Dental/Life 125,000 Health, dental, life and long term disability 8016 • Cell Allowance 7,000 8018 • Retirement Contributions 70,000 457 retirement plan Total 8010 • PERSONNEL ITEMS 1,269,020 8100 • SUPPLIES & MATERIALS 8105 • Office Supplies 6,000 8109 • Postage/Express 2,500 Total 8100 • SUPPLIES & MATERIALS 8,500 8200 • EQUIPMENT/PROP/MAINTENANCE 8210 - Computer Equipment & Supplies 8211 • Equipment Rentals 4,700 Copier, postage meter Page 3 of 4 - - DELF.Y BEACH CR COMMUNITY REDEVELOPMENT!'C:: '. DRAFT PROPOSED Budget FY 15-16 CRA Delray Beach Y Proposed Budget FY 2015-16 NOTES 8213 Repairs/Maintenance 1,000 8214 Furniture & Fixtures 1,000 8215 • Office Equipment (Assets) 15,500 Total 8200 • EQUIPMENT/PROP/MAINTENANCE 22,200 8300 • OFFICE SPACE 8305 • Storage 3,000 Warehouse for records storage 8307 • Maintenance 30,000 8309 • Telephones 6,500 8311 Utilities 5,500 8315 Security 2,000 Total 8300 • OFFICE SPACE 47,000 8400 • ADMINISTRATION/OPERATIONS 8401 • Accounting 24,000 8403 • Legal - Administration 50,000 8405 • Capital Outlay 400,000 Office expansion 8409 • Contractual Services 70,000 Annual Report, social media, web site upgrade and other 8411 • Printing 4,000 8413 • Publications/Subscriptions 1,000 8415 • Advertising 7,000 8419 • Bank Services 2,000 8423 • Organization/Member Dues 7,500 AICP, IEDC, ULI, FGFOA, FRA, Chairman's Club etc. 8425 • Public Relations/Communications 3,000 8430 • Insurance (D&O,Veh,Workers Comp, Bldg.) 17,000 8434 • Meetings 2,500 8436 • Seminars & Workshops 9,000 FRA, IEDC, FAPA, FAU-IOG, ULI etc. 8445 • Travel 9,000 FRA Board Mtgs (Ex Dir.), IEDC, FRA Conf. etc. Total 8400 • ADMINISTRATION/OPERATIONS 606,000 Total 8000 - ADMINISTRATION 1,952,720 8600 • DEBT SERVICE 8605 - City - Former Chamber Parking Site 628,596 Payment for property acquisition 8606 - City - US1 Corridor Improvements 420,149 Payment toward City financing 8608 - City National Line of Credit 100,000 Original limit - $4 million 8610 • Debt Bond Interest -Taxable Int 1,050,000 BOA - Bond Issue 8620 • Debt Bond Interest -Tax Exempt Int 200,000 BOA - Bond Issue Total 8600 • DEBT SERVICE 2,398,745 Total Expenditures for Activities Revenue • .• Expenditures 29,241,802 Page 4 of 4 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-368, Version: 1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director - Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 PROPOSED INCREASE TO MARINA RENTAL RATES - REVISED Recommended Action: Motions to Approve: 1. Establish and charge a live -aboard rate for lessees who occupy their vessel on a full-time basis. Full-time basis would be defined as the principal/permanent domicile of the lessee. 2. Increase rental rate from $18.00 per foot per month to the following amounts (Table1): Live -aboard $21 /ft./month Non -Live -aboard $20/ft./month Monthly Transient $1,350/month Daily Transient $60/day Background: Parks & Recreation originally brought this item to Commission on November 3, 2015. Commission requested additional information, including the rental rates of nearby for-profit marinas. The requested information is included in this agenda item. The City of Delray Beach Marina has been in continual operation since the 1950's. As of September 29, 2015, the YTD operating expenses totaled $77,800.60 and the YTD revenue totaled $223,079.99. The revenue includes transient fees, late fees, and waiting list fees. The Marina has twenty-four slips that are affixed to ten (10) fingers piers and the dock that is adjacent to the seawall, that are leased out to boat owners on a yearly or transient basis. Boats measuring between 30 feet and 55 feet are allowed to enter into a License Agreement for use of dock/slip spaces at the marina. Currently 100% of the slips are leased. Eighteen slips of the marina are on a year lease and pay monthly. Six slips at the marina are on a year lease where as they pay the annual fee up front which provides a discount amounting to one/last month free. The current rate is $18/ft./month and no fee for living aboard the vessel. Currently, eleven are full-time live -aboard and the remaining thirteen utilize the slips at their discretion. There is currently a waiting list of seventy applicants who pay a $50 registration fee and $10 annual fee to stay on the list. The turnaround rate is approximately one slip every two months. Once on the list it can take roughly one year and a half to two years to be able to lease a slip at the marina. City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 15-368, Version: 1 A marina survey was done September 2015 to compare rates with other municipalities located within Palm Beach County, Broward County and Martin County. The attached survey, completed in November and December, includes private for-profit marinas in areas nearby to Delray Beach. Out of the eleven municipal marinas surveyed in September, eight (8) allowed live -aboard rentals and only one included electric in their base fee. Most marinas have a seasonal and non -season rate however those marinas have over 50 slips available for rent. The average rental rate for the municipal marinas surveyed is $18.08 per foot per month. The average rental rate for the private marinas is $28.44 per foot per month. The private marinas all charge an additional fee or have metered electric per slip. Based on the surveys completed, Parks and Recreation department proposes the following changes to the Marina Rental Rates: 1. Establish and charge a live -aboard per foot per month rate for lessees who occupy their vessel on a full-time basis of $21/ft./month 2. Increase rental rate from $20/ft./month to the amounts noted in the chart below. 3. No change in rate for daily transient rentals. 4. Establish a monthly transient rate. Live -aboard $21 /ft./month Non -Live -aboard $20/ft./month Monthly Transient $1,350/month Daily Transient $60/day Other area marinas have additional amenities, such as a pool, meeting rooms, wifi, and access to fuel, that the Delray Beach Marina does not offer. These additional amenities increase the value of the slip. Attached are the following: • Current lease agreement which states that the rate of the slips are set by City Commission and can be changed with as little as ten (10) day notice to the owner. • Comparison chart depicting different per foot per month rates • December rental rate survey results City Commission is requested to approve a change in fee structure for the city marina slips. Proposed change includes an increase to the current rate per foot price, as well as a rate for live - aboard lessees. City Attorney Review: Finance Department Review: Finance recommends approval. Timing of Request: This is not time sensitive. City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by Legistar'"^ MARINA SURVEY DECEMBER 2015 Marinas O \ a10e C d N in T O aE Q u w C z d ?� j o a o' ^ O 0 z d 3 W) C Cm G u E E N cu g U Y M C Municipal Marinas Delray Beach $18.00 $60/dy 24 yes Included Included X no X X X Free 58 Boynton Beach Marina Independent Management Co. Boynton Harbor -Commercial $16.00 19 no Metered Metered X X X X X Marina Village - Private Owned $14.00 38 Transient $2/ft/dy 3 yes Lake Park Marina Annual $17.00 103 no Metered $30/mo 2 X X X X chg X Season -Nov -Apr $24.00 Monthly -non -season $17.00 Monthly -season $24.00 Transient $2/ft/dy Ocean Inlet Marina 20' minimum -45' maximum $10.00 20 no Metered Included no X X X chg X Rivera Beach Season -Nov -Apr $24.50 162 no $.11/kwh $40/mo X no X X X $3/bag Non -season $17.70 Transient $1.75/ft/dy Hollywood Marina Live -Aboard Annual $20.67 55 yes Included Included X X X X X chg Annual $15.80 Monthly -season $20.67 Monthly -non -season $19.15 Transient -season 1.25/ft/dy Transient -non -season 1.04/ft/dy Ft. Lauderdale Municipal Marinas* New River $21.28 1.30/ft/dy 100 yes Metered Included X X X no no chg Las Olas $30.40 1.90/ft/dy 60 yes Metered Included no X X X X chg x Cooley's Landing $20.64 1.20/ft/dy 30 yes Metered Included no X X X X chg *$50 security for comfort stationkey;; Fees are base on 40'-49' vessel. Sandpipr Marina -Port St. Lucie Annual $13.00 $2.00/ft/dy yes Metered included X X X chg Fort Pierce Annual $11.00 $2.00/ft/dy yes Metered included X X X X X chg Sunset Bay -Stuart Annual $14.00 150 yes 30-$70;50-$11C included X X X X X chg X X May -October $14.00 November - April $15.00 Transients $2.50/ft/dy Average per foot Price $18.08 MARINA SURVEY DECEMBER 2015 Marinas L O N y a —„ �°0 ¢a w c u w y c"o ?� E CL v O o H -o d C " u £ m g M m �c ,on R 3 Private Marinas Briny Breezes Marina 24'-36' max (monthly rate) $341.87 68 no X X X X 45 Delray Harbor Club 31'-39' $25.00 40'-50' $26.00 61' -up $29.00 $2.25/ft/dy 43 yes X X X X X pay 20 30/50/100 amp $15/$25/$50 Annual contractfees reduced $2/ft and receive 1 month free dockage -Amenities include pool& WiFi Marina Delray $22.00 $100 min. 5 no X X x yes 30/50 amp $7.50/$12.50 Loggerhead Marina 50' $31.80 $2.00/ft/dy 135 yes X X X X pay yes 30/50 amp $9.00/$12.00 Amenities -new building August 2016 will include pool/meeting room/fitness room/restaurant Lighthouse Point Marina Annual $29.00 Summer Season $37.50 Winter Season $45.00 105 yes metered X X X X X X X X X yes Wait list depends on size of boat Palm Beach Yacht Center $18.00 n/a 44 no metered metered X X X X pay yes Seagate Yacht Club (under contruction) Annual -paid in full in advance $24.00 Annual -paid monthly $26.00 Fee $28.00 $3.00/ft/dy X X X X X X X X X 14 30/50/100 amp $.12/kilowatt Amenities include -pool and WiFi Average per foot Price $28.44 MARINA RATES PER MONTH September Monthly total for different rates per foot. Footage $22.00 $21.50 $21.00 $20.50 $20.00 $19.00 $18.00 NORTH 1A 53 $1,166.00 $1,139.50 $1,113.00 $1,086.50 $1,060.00 $1,007.00 $954.00 1 40 $880.00 $860.00 $840.00 $820.00 $800.00 $760.00 $720.00 2 30 $660.00 $645.00 $630.00 $615.00 $600.00 $570.00 $540.00 3 39 $858.00 $838.50 $819.00 $799.50 $780.00 $741.00 $702.00 4 40 $880.00 $860.00 $840.00 $820.00 $800.00 $760.00 $720.00 5 44 $968.00 $946.00 $924.00 $902.00 $880.00 $836.00 $792.00 6 30 $660.00 $645.00 $630.00 $615.00 $600.00 $570.00 $540.00 7 41 $902.00 $881.50 $861.00 $840.50 $820.00 $779.00 $738.00 8 32 $704.00 $688.00 $672.00 $656.00 $640.00 $608.00 $576.00 9 49 $1,078.00 $1,053.50 $1,029.00 $1,004.50 $980.00 $931.00 $882.00 10 37 $814.00 $795.50 $777.00 $758.50 $740.00 $703.00 $666.00 11 30 $660.00 $645.00 $630.00 $615.00 $600.00 $570.00 $540.00 12 30 $660.00 $645.00 $630.00 $615.00 $600.00 $570.00 $540.00 13 46 $1,012.00 $989.00 $966.00 $943.00 $920.00 $874.00 $828.00 14 48 $1,056.00 $1,032.00 $1,008.00 $984.00 $960.00 $912.00 $864.00 15 50 $1,100.00 $1,075.00 $1,050.00 $1,025.00 $1,000.00 $950.00 $900.00 16 44 $968.00 $946.00 $924.00 $902.00 $880.00 $836.00 $792.00 17 32 $704.00 $688.00 $672.00 $656.00 $640.00 $608.00 $576.00 18 33 $726.00 $709.50 $693.00 $676.50 $660.00 $627.00 $594.00 19 36 $792.00 $774.00 $756.00 $738.00 $720.00 $684.00 $648.00 20 34 $748.00 $731.00 $714.00 $697.00 $680.00 $646.00 $612.00 21 32 $704.00 $688.00 $672.00 $656.00 $640.00 $608.00 $576.00 S1 51 $1,122.00 $1,096.50 $1,071.00 $1,045.50 $1,020.00 $969.00 $918.00 S2 43 $946.00 $924.50 $903.00 $881.50 $860.00 $817.00 $774.00 $20,768.00 $20,296.00 $19,824.00 $19,352.00 $18,880.00 $17,936.00 $16,992.00 Monthly total for different rates per foot. City of Delray Beach 50 N.W. 1 st Avenue Delray Beach, Florida 33444 Slip # Dated LICENSE AGREEMENT FOR BOAT DOCKAGE This Agreement, made the day of , 20 , by and between the City of Delray Beach, Florida (Marina) as Licensor, and the undersigned owner (Owner) jointly and individually, as Licensees. Name of Vessel Beam Draft Owner(s) Residence Address City Overall Length Power Sail State Zip Home Telephone ( ) Cell. Email address: Business Address City Work Telephone State Zip 1. The term of this License Agreement shall commence the day of , 20 _ and shall terminate one year later unless the Agreement is terminated earlier upon one of the following conditions: a. By breach or forfeiture of any of the covenants or conditions of this Agreement. b. By written notice of termination by the Marina. C. By written notice of at least thirty (30) days by the Owner, accompanied by tender of unpaid fees or charges, if any. d. By the dock or mooring facility becoming unserviceable for any reason whatsoever, including maintenance of dock area by Marina. e. In accordance with Paragraph 5 of Agreement. S:\Parks 6 Recreation\Shared Files\MARINA\MARINA LICENSE AGREEMENT WITH $18.00 PER FT PER MONTH.docx 2. The current annual rate in effect is $18.00/ft/month. Monthly payments are due on the first of the month. Payable at time of signing and not applicable at renewals are: Monthly dockage Security Deposit Last month's dockage Total fee Total at Signing If this Agreement is terminated by the Owner prior to the expiration of the Agreement, or any renewal thereof, Owner will forfeit 50% of the security deposit, as provided above. 3. The current annual pre -paid rate is $18.00/ft/month less one month fee. If payment is made at time of signing for the entire year, there is a discount of one month's dockage. The following rates will be applied: 11 Months' Fee Security Deposit Total at Signing If this Agreement is terminated by the Owner prior to the expiration date, Owner will be charged the full monthly rate from the beginning of the lease up to the time of termination and also will forfeit 50% of the security deposit, as provided above. The dockage rate shall be at the rate established by the City Commission from time to time. The City Commission reserves the right to change the rates at any time during this Agreement, subject, however, to giving ten (10) days' notice to the Owner prior to the time any such increase shall be effective as to such Owner. 4. Owner's liability insurance coverage must be of a form applicable to watercraft and approved by the City's Risk Manager, with per occurrence or per accident limits for protection and indemnity coverage of at least $500,000.00 (or as an equivalent, a $500,000.00 combined single limit). Fuel/oil spill liability coverage will also be provided in these same limits by the Owner. The Owner shall also provide hull insurance in an amount that is comparable to the value of the boat. The City of Delray Beach must be named as an Additional Insured as respects to Marina occupancy by the Owner and watercraft. A valid copy of the current insurance certificate must be on file with the City at all times. 5. The intention of the parties is dock space only, with Marina as Licensor and lease -hold interest, and is revocable at any without cause, upon notice posted aboard addresses listed above. to create a license for a non-commercial use of Owner as Licensee. This Agreement confers no time by Marina, in its sole discretion and with or the boat or sent to the owner at either of the - 2 - 6. Marina reserves the right to exclusive control over the use of dock space. Use of dock space is the personal privilege of the Owner and is not assignable nor may dock space be sublicensed. Any attempt to assign or assignment of or attempt to sublicense the dock space under this License Agreement by Owner is void, terminates this Agreement, and excuses the Marina from further performance of this License Agreement. The Marina reserves the right to sublicense the dock space during Owner's absence from the dock space. Owner shall not substitute another vessel for the above described boat without the prior written consent of the Marina. 7. In the event Marina, or its agent or contractor, deems it necessary, in its sole discretion, to perform maintenance or repair functions on the dock space or area, Owner shall immediately comply with the request of the Marina. Failure of Owner to immediately comply with Marina's request may result in termination of this Agreement or the removal of the boat by Marina. In the event Marina deems it necessary, in its sole discretion, to remove Owner's boat from a dock space, Marina shall not be responsible for any damage that may result to Owner's property and Owner shall be responsible for any and all costs incurred by Marina for the removal of the boat. 8. All dockage fees are due by the fifth of each month. A late fee of fifty dollars ($50.00) shall be imposed for those payments not postmarked by the fifth of each month. Failure to pay an outstanding balance shall constitute a breach of this License Agreement and authorizes Marina to sell the boat at a non -judicial sale or to take any other legal action or remedy available pursuant to Florida law. The marina shall have a lien and security interest in the above described boat, its appurtenances and contents for unpaid sums due it for dockage fees, damage caused to any docks, property or persons at the Marina. If suit is brought to enforce said lien, to perfect and/or collect on said security interest or to collect any amount due under this Agreement, the Owner shall have an additional liability for reasonable attorney's fees and all other costs incurred in connection herewith. 9. This Agreement is for the use of dock space only. Such space is to be used at the sole risk of the Owner. The Marina shall not be liable for the care or the protection of the boat including its gear, equipment, appurtenances or contents. Owner represents and warrants that Owner maintains adequate hull insurance, including protection and indemnity insurance (see paragraph 4), on the boat, its contents and equipment of whatever nature. 10. Per Florida Statute Section 327.59, Owners will not be required to remove their boats from the Marina following issuance of a hurricane watch or warning. Owners are required, however, to take reasonable steps to secure their boats for the protection of their property and the property of others following a hurricane watch or warning. These may include, but are not necessarily limited to, using extra tie lines, replacing worn tie lines, etc. After a tropical storm or hurricane watch has been issued, the Marina may take reasonable actions to further secure any boat within the marina to minimize damage to a boat and to protect marina property, private property, and the environment and may charge a reasonable fee for such services. The Marina may also remove a boat from its slip or take whatever reasonable actions are deemed necessary to properly secure a boat to minimize damage to a boat and to protect marina property, private property, and the environment and may charge the boat owner a reasonable fee for any such services rendered. In the event fees or costs are owed to the Marina under this Agreement, the Marina may collect those fees from the security deposit and from the last month's dockage. If the security deposit or last month's dockage retained by the Marina falls below the amount set forth above, the Owner must give sufficient funds to the Marina in order to achieve the deposit amounts set forth above within 20 days of the Marina sending written notification to the Owner. The failure of the Owner to comply with this requirement may result in the immediate termination of this Agreement. - 3 - 11. Owner for himself, heirs, personal representatives, successors, and assigns, as the case may be, releases and holds harmless and indemnifies Marina, the City of Delray Beach, Florida, and its officers, agents, and employees from any and all liability for loss or damage to the boat, its Owner, and Owner's agents, employees, or guests, or negligence or conduct of Marina, and from any and all loss, damage, liability, legal action or claim of whatsoever nature, rising out of the Owner's use of the facilities of the marina, the presence of the owner's boat, car, or personal property at marina, or the moving of the boat, whether loss or damages to the property owned by the Marina, or any other personal property and whether loss or damage is the result of the negligence or conduct of the Marina. Marina disclaims all express or implied warranties, and Owner, on behalf of himself, his heirs, personal representatives, successors, and assigns, as the case may be, releases Marina from any and all liability arising out of any such warranties. 12. The Owner agrees to comply with all laws, rules and regulations pertaining to Marina operations. Failure of the Owner to comply with any such laws, rules or regulations or to pay the dockage fee prescribed within this Agreement shall result in termination of the Agreement, and the Marina may remove the vessel from its mooring at the Owner's risk and expense and may take possession of the space and may enter into a License Agreement with another party. The rules and regulations governing the Marina are incorporated herein. 13. Breach of this License Agreement by Owner, Owner's guests or agents, including but not limited to the violation of the rules and regulations governing the Marina, terminates this Agreement, excuses Marina from further performance and permits Marina to immediately cause the removal of the boat at the Owner's risk and expense. The Marina shall not be deemed a bailee of a vessel removed pursuant to this section. 14. No modifications to this License Agreement shall be enforceable unless in writing and executed by the City. Marina's failure to require strict performance of this License Agreement or waiver of any conditions herein shall not act as a waiver of rights hereunder nor be deemed a continuing waiver. 15. Owner warrants and represents that the boat will be presented for dockage and maintained throughout free of hazards that may cause danger, damage or expense to Marina or to others. The boat shall be maintained in an operable condition at all times, must be in a seaworthy condition and under its own power, or be removed from the premises. 16. The Owner represents and warrants that the Owner shall comply with the Federal Water Pollution Control Acts (33 U.S.C. Section 1231 - prohibiting discharge of oil or oily water, 33 U.S.C. Section 1322 - prohibiting discharge of untreated sewage) and all other applicable Federal, State, County and Municipal laws and regulations. 17. This License Agreement shall be interpreted in accordance with the laws of the State of Florida and the laws of the United States and venue shall be in Palm Beach County, Florida. If any portion of this License Agreement is found null and void, the remaining portions of this License Agreement shall continue in full force and effect. 18. The Owner, jointly and individually, shall be obligated to pay and shall pay all costs, including reasonable attorney's fees, incurred by Marina in non -judicial proceedings or judicial proceedings and appeals therefrom to enforce any and all provisions of this License Agreement, including any sums due Marina. - 4 - 19. Owner hereby acknowledges that Owner has read and fully understands this License Agreement for boat dockage as well as the rules, policies, and regulations currently governing the use of dock space attached hereto and incorporated herein. Further, Owner agrees to comply with current rules, policies and regulations or as hereafter amended during the term of this License Agreement for boat dockage. A failure to comply with such rules, policies, and regulations shall be deemed to be a breach of this Agreement, and Marina may seek whatever appropriate remedies are provided for hereunder. The person or persons signing below does or do certify that he/she or they are the lawful owner or owners of the vessel herein above described or are authorized to subject such vessel to the provisions of this License Agreement. WITNESSES: (Witness 1 -Signature) (Print or type name) (Witness 1 -Signature) (Print or type name) CITY OF DELRAY BEACH MARINA Director of Parks and Recreation Date - 3 - OWNER(S) Owner Signature) (Print or type name) Owner Signature) (Print or type name) (Date) venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-095, Version: 1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 BID 2016-051 TO D.A.K. SECURITY AGENCY, INC. FOR PRIVATE SECURITY FOR THE TENNIS TOURNAMENT ATP CHAMPIONS/ DELRAY BEACH OPEN Recommended Action: Motion to Award Bid No. 2016-051 to D.A.K. Security Agency, Inc. as the lowest responsive bidder, in the amount of $43, 055.50 for private security for the ATP Champions Tour/Delray Open by the Venetian Las Vegas. Background: The City of Delray Beach hosts the ATP Champions Tour/Delray Beach Open the Venetian Las Vegas ("tournament") each year, pursuant to an Agreement between the City and Match Point, Inc. dated October 12, 2005. According to Section 10.7 of the Agreement, titled "City's Responsibility to Control Premises," the City is required to provide security services during the tournament dates, which this year are February 8, 2016 through February 22, 2016. That section specifically provides, "[t]he City shall be responsible for the security and crowd control at the tennis center and at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the tennis center or any City, County, State or Federal laws." A Sealed Competitive Bid 2016-051 was sent out on December 14, 2015 in an effort to obtain the greatest value to the City and due to be received by the Procurement Division on December 28, 2015. Four (4) quotes were received by the Procurement Division on December 28, 2016. Parks & Recreation would like to obtain the services of D.A.K. Security Agency, Inc, as the lowest responsive bid at $43,055.50. Two other vendors did provide lower cost proposals but their responses were considered unresponsive due to lack of documentation of qualifications and/or references. D.A.K. Security Agency, Inc., has successfully provided security services for this event in the past and other competitive athletic events. Attached are copies of the contract with Match Point, Inc., Quotation Request No. 2016-051, Bid Tab, proposal submitted by D.A.K. Security Agency Inc., and the ATP "Best Practices for Tournament Security." City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 16-095, Version: 1 Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 001-4210-575-55.40 (General Fund: Recreational Supplies/Tennis Tournament). Timing of Request: This item is time sensitive, as the ATP Champions Tour/Delray Beach Open by the Venetian Las Vegas, takes place February 12 - 21, 2016. City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by LegistarTM Opening: 12.28.2015 @ 5:00 P.M. CITY OF DELRAY BEACH Delray Beach Open (Security) Bid No. 2016-051 Vendor -> TOTAL South Florida Elite One Shield D.A.K. Security Andy Frain Date of Services: Monday, February 08, 2016 HOURS Security Agency, Inc. Security, LLC Agency, Inc. Services, Inc. thru Monday, February 22, 2016 $17.88 $2,196.00 4 jAdditional Guards if Required: 1 1 $12.00 1 $15.25 1 $17.00 1 $17.88 5 1 Exception and/or CommentsSee page 9 for comments $26,316.00 $33,443.25 $37,281.00 $39,210.84 2 Bag Checkers 183 $12.00 $15.25 $16.50 $17.88 $2,196.00 $2,790.75 $3,019.50 $3,272.04 3 Supervisor 145 $12.00 $16.50 $19.00 $20.88 $1,740.00 $2,392.50 $2,755.00 $3,027.60 $30,252.00 $38,626.50 $43,055.50 $45,510.48 GRAND TOTAL --> 4 jAdditional Guards if Required: 1 1 $12.00 1 $15.25 1 $17.00 1 $17.88 5 1 Exception and/or CommentsSee page 9 for comments CITY OF DELRAY BEACH 100 NW V AVENUE, DELRAY BEACH, FL 33444 Bid 2016-051 Delray Beach Open (Security) MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA -ALJACQUET -JORDANAJARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦(561) 243-7161 ♦ purchasing(a mydelraybeach.com CITY OF DELRAY BEACH INVITATION TO BID BID 2016-051 Title: Delray Beach Open (Security) Vendor Name: Addenda Enclosed thru Submission Deadline: December 28, 2015 3:00 P.M. Submissions Accepted Via- [Mail or in Person Submit too Cott' of neDra y Reach pub -c hasiflg Division Wo NW 2.s� Awenue Deiray C eacha CSL 334C Comments: A fax or electronic copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: Bid No. 2016-051 CITY OF DELRAY BEACH Did 2016-051 Delray Beach Open (Security) Contents INVITATIONTO BID ............................................ ..................................................... .......... -.......... .......................... 2 SECTION 1: TERMS AND CONDITIONS.................................................................................................................4 SECTION2: SCOPE OF WORK...............................................................................................................................11 SECTION 3: FORMS FOR BID.................................................................................................................................13 BidSubmittal Signature Page..................................................................................................................................14 PublicEntity Crimes...............................................................................................................................................15 Drug -Free Workplace..............................................................................................................................................16 Conflict of Interest Disclosure Form.......................................................................................................................17 Acknowledgmentof Addenda.................................................................................................................................18 Scheduleof Pricing.................................................................................................................................................19 AttachmentA.....................................................................................................................20 Bid 2016-051 Delray Beach Open — Security 1 CITY OF DELRAV BEACH TEL: (561) 243-7161 FAX: (561) 243-7166 PURCHASING DEPARTMENT INVITATION TO BID ITB NO: 2016-051 TITLE: Delray Beach Open (Security) ISSUE DATE: December 14, 2015 DEPARTMENT: Parks and Recreation DUE DATE: December 28, 2015 TIME: 3:00 P.M. INSTRUCTIONS ELECTRONIC BIDS: Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this Solicitation document. It is the sole responsibility of the Bidder/Proposer to ensure their bid reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a bid in response to a City solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. PRESENTATION OF BIDS — PAPER SUBMISSION: Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office,100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposer's name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, Two (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). BID OPENINGS: All bids submitted will be read at the date and time specified for this bid. BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync — www.bidsync.com DemandStar — www.demandstar.com Request via email purchasinc(o)mvdelravbeach.com City of Delray Beach — Hard copies are available at City Hall These are the only forms of notification authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. Bid 2016-051 Delray Beach Open — Security !9 1 le (11 Delray Beach Open (Secu0ty) December 14, 2015 This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. SCOPE OF SERVICES: The City of Delray Beach is seeking competitive bids from qualified firms for private security services and bag checking for the Delray Beach Open to be held at the City of Delray Beach Tennis Center, from February 08, 2016 through February 22, 2016 at the locations and times indicated on the pricing proposal. Bids will be deemed non-responsive if materials or quality does not comply with the requirements in this solicitation. DUE DATE: December 28, 2015 at 3:00 P.M. at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall, 100 N.W. 1s` Avenue, Delray Beach, Florida, first floor Conference Room. Bidders and the general public are invited and encouraged to attend. The following forms must be included in the sealed bid package: Form 1. Proposer's Submittal Form 2. Public Entity Crimes Form 3. Drug -Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda Form 6. Cost Proposal All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1sT Avenue, Delray Beach, Florida 33444. Bids time -stamped at 3:01 P.M., or later, will not be considered for award and will be returned to the Bidder. INQUIRIES: Questions regarding this solicitation must be sent through email to purchasing, purchasing(aDmvdeiravbeach.com. To ensure a response, all inquiries shall be made by December 21, 2015 and 5:00 P.M. Information in response to inquiries may be published as an Addendum. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety (90) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City. Bid 2016-051 Delray Beach Open - Security SECTION 1: TERMS AND CONDITIONS Bid 2016-051 Delray Beach Open (Security) SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. TERM OF CONTRACT: Not applicable 4. PRICING/PERIOD OF CONTRACT: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from the date of opening unless otherwise stated by the City or bidder. B. Unit prices bid of listed items shall be held firm for the duration of the contract. C. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 5. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 6. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. Bid 2016-051 Delray Beach Open — Security 4 7. INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Contractor shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor party under this Agreement may be retained by the City until all City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 8. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Proposers are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence prohibits any communications, except written correspondence, regarding this Bid, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this Bid, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: ,,a. 'Cone of silence' means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. b. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. C. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and Bid 2016-051 Delray Beach Open — Security 5 shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting; presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. f. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable." 9. LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful proposer is required to enter or go onto City of Delray Beach property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful proposer will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful proposer shall be liable for any damages or loss to Delray Beach occasioned by negligence of the successful proposer (or agent) or any person the successful proposer has designated in the completion of the contract as a result of the proposal of this Bid. 10. CERTIFICATE OF INSURANCE: The successful proposer(s) will submit to the City current certificate(s) of insurance with the following limits: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: Bid 2016-051 Delray Beach Open — Security a. Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Premises and/or Operations. c. Independent Contractors. d. Products and/or Completed Operations. e. No exclusion for Underground, Explosion or Collapse hazards. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a. Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. c. Hired and Non -Owned Vehicles. d. Employer Non -Ownership. The City prefers the insurance and bonding companies to have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. 11. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12. BILLING INSTRUCTIONS - AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountsoavable(d-)mvdelravbeach.com or mailed to Accounts Payable, 100 NW 15` Avenue, Delray Beach, FL 33444. 13. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 14. EXCEPTIONS TO CONDITIONS, 1 THRU 13 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 15. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 16. ANTI -COLLUSION: Bid 2016-051 Delray Beach Open - Security A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 17. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest in the bidder's firm or any of it's' branches. 18. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 19. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 20. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 21. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any Bid 2016-051 Delray Beach Open — Security 8 element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1st Ave Delray Beach, FL 33444 22. PUBLIC RECORDS: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: A. Keep and maintain all records that ordinarily and necessarily would be required by the City. B. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. E. If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 23. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bid 2016-051 Delray Beach Open — Security 9 24. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter -local Agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 25. LOCAL PREFERENCE: In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. Bid 2016-051 Delray Beach Open — Security 10 SECTION 2: SCOPE OF WORK Bid 2016-051 Delray Beach Open (Security) A. PURPOSE: The City of Delray Beach is seeking competitive bids from qualified firms for private security services and bag checking for the Delray Beach Open to be held at the City of Delray Beach Tennis Center, from February 08, 2016 through February 22, 2016 at the locations and times indicated on the pricing proposal. Bids will be deemed non- responsive if materials or quality does not comply with the requirements in this solicitation. B. METHOD OF ORDERING: A series of Purchase Orders will be issued for this purchase. Invoice(s) for the products shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted electronically to accountspavable(<Dmvdelravbeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Specifications" should be addressed in email to: purchasingemvdelravbeach.com D. SPECIFICATIONS: 1. Licensed with State of Florida (attach copy) 2. Bonded (attached copy) 3. Certificate of Liability Insurance (attach copy) 4. Provide a detailed evacuation plan 5. Must have neat polo or dress uniform shirt with badge indicating private company name and tag with uniform pants or shorts (no blue jeans or t -shirts) 6. Guards to have radio or cell phone for contact with Supervisor 7. Supervisors to be in logo polo shirts with identification 8. Supervisors to be on site at all times scheduled 9. Must show proof of experience and references for providing similar services for similar event type 10. If the weather delays the event for more than 15 minutes, the Director of Parks and Recreation has the authority to release the security guards for that day. 11. The City agrees to compensate the contractor a minimum of 14 hours per day for a total of 58 hours. 12. Schedule subject to change based upon revised scheduling and weather. Bid 2016-051 Delray Beach Open — Security 11 E. BID F0RMAT: Chapter 1 Letter of Intent and Form 1 Chapter 2 Proposer's Statement of Organization Chapter 3 Qualifications Chapter 4 References Chapter 5 Form 2, Form 3 and Form 4 Chapter 6 Form 5 Acknowledgement of Addenda Chapter 7 Form 6 Proposed Cost Bid 2016-051 Delray Beach Open — Security 12 SECTION 3: FORMS FOR BID Each Proposer must complete and submit the forms included in this Section 3 of the Bid. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1. Proposer's Submittal Form 2. Public Entity Crimes Form 3. Drug -Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda Form 6. Cost Proposal Bid 2016-051 Delray Beach Open — Security 13 Form 1 Bid Submittal Signature Page By signing this Bid, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Signature Name and Title(Print or Type) By signing this document, the Proposer agrees to all terms and conditions of this Solicitation. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BIDDER NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS BID. Bid 2016-051 Delray Beach Open — Security 14 Form 2 Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub -Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date Bid 2016-051 Delray Beach Open — Security 15 Form 3 Drug -Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Signature Name and Title(Print or Type) Date Bid 2016-051 Delray Beach Open — Security 16 Form 4 Conflict of Interest Disclosure Form The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest in the Proposer's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this proposal. Acknowledged by Signature Name and Title(Print or Type) Date Bid 2016-051 Delray Beach Open — Security 17 Form 5 Acknowledgment of Addenda The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this Bid. The Proposer acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF TITLE OF SIGNATURE OF NUMBER RECEIVED PROPOSER'S PROPOSER'S PROPOSER'S AGENT AGENT AGENT Bid 2016-051 Delray Beach Open — Security 18 Form 6 Schedule of Pricing Bid 2016-051 Delray Beach Open (Security) A. COST PROPOSAL "ATTACHMENT A" Additional Guards $ per hour Additional Comments: B. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? ❑ Yes ❑ No C. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ BidSync ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Bid 2016-051 Delray Beach Open — Security 19 Attachment A Bid 2016-051 Delray Beach Open (Security) Schedule Bid 2016-051 Delray Beach Open — Security 20 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 MONDAY, FEBRUARY 08, 2016 POST DECRIPTION HOURS # OF GUARDS 1 # OF GUARDS GUARD HOURS Guard Rate Per Hour Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 7:00 am - 7:00 pm 1 12 $ $ $ Overnight Overnight 7:00 pm - 7:00 am 1 12 $ $ $ TOTAL: 24 TOTAL: 2 24 $ $ TUESDAY, FEBRUARY 09, 2016 POST DECRIPTION HOURS # OF GUARDS 1 # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 7:00 am - 7:00 pm 1 12 $ $ Overnight 7:00 pm - 7:00 am Overnight 7:00 pm - 7:00 am 1 12 $ $ TOTAL: 24 TOTAL: 2 24 $ $ WEDNESDAY, FEBRUARY 10, 2016 POST DECRIPTION HOURS # OF GUARDS 1 GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 7:00 am - 7:00 pm 12 $ $ Overnight 7:00 pm - 7:00 am 1 2 12 $ $ TOTAL: 24 $ $ Page 5 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 THURSDAY, FEBRUARY 11, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 7:00 am - 7:00 pm 1 12 $ Overnight 7:00 pm - 7:00 am 1 12 $ N. Staduim Gate TOTAL: 2 24 $ FRIDAY, FEBRUARY 12, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 1:00 pm - 11:00 pm 1 10 $ S.W Gate / CH 1:00 pm - 11:00 pm 1 10 $ N. Staduim Gate 5:00 pm - 11:00 pm 1 6 $ S. Stadium Gate 5:00 pm - 11:00 pm 1 6 $ NW Entrance 1:00 pm - 11:00 pm 1 10 $ Main Gate 12:00 pm - 12:01 am 1 12 $ Gym W Entrance E. Comm. Center 12:00 pm - 12:01 am 1 12 $ 12:00 pm - 12:01 am 1 12 $ S. Comm. Center 12:00 pm - 12:01 am 1 12 $ Medical 1:00 pm - 11:00 pm 1 10 $ Gym 1:00 pm - 11:00 pm 1 10 $ Locker Room 1:00 pm - 11:00 pm2 20 $ Overnight 11:00 pm - 7:00 am 1 8 $ Relief 1:00 pm - 8:00 pm 1 7 $ Supervisor 4:00 pm - 11:00 pm 1 7 $ Bag Checker 5:30 pm - 9:30 pm a e $ 8 $ TOTAL: 15 145 Is 1 2 1 8 $ 1 1 7 $ QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 S-11 MIME E� SATURDAY, FEBRUARY 13, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 8:00 am - 11:00 pm 1 15 $ S. W Gate / CH 8:00 am - 11:00 pm 1 15 $ N. Sladuim Gate 11:00 AM - 10:00 PM 1 11 $ S..Staduim Gate 11:00 AM - 10:00 PM 1 11 $ NW Ply Entrance 8:00 am - 11:00 pm 1 15 $ Main Gate 8:00 am - 11:00 Pm 1 15 $ Gym W Entrance E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 8:00 am - 11:00 pm 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 8:00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 pm 2 30 $ Overnight 11:00 pm - 8:00 am 1 9 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ Bag Checker 10:00 am - 9:30 pm 2 23 $ TOTAL: 16 221 $ 2 1 23 $ 1 16 $ Page 7 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 �CGHJ��J�� U SUNDAY, FEBRUARY 14, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 8:00 am - 11::00 pm 1 15 $ S.W. Gate/CH 8:00 am -11:00 pm 1 15 $ N. Staduim Gate 11:00 am - 5:00 pm 1 6 $ S. Staduim Gate 11:00 am - 5:00 pm 1 6 $ NW Ply Entrance 8:00 am - 11:00 pm 1 1 15 $ Main Gate 8:00 am - 11:00 pm 1 15 $ Gym W Entrance E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 8:00 am - 11:00 pm 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 8:00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 pm 2 30 $ Overnight 11:00 pm - 8:00 am 1 9 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ Bag Checker 11:00 am - 4:00 pm 2 2 10 $ 1 TOTAL 16 211 $ 10 $ 16 $ Page 8 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 MONDAY, FEBRUARY 15, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 8:00 am - 11::00 pm 1 15 $ S.W Gate/CH 8:00 am -11:00 on 1 15 $ N.Stadium Gate 10:00 am - 11:00 rm 1 13 $ S. Stadium Gate 10:00 am - 11:00 pm 1 13 $ NW Ply Entrance 8:00 am - 11:00 pm 1 1 15 $ Main Gate 8:00 am - 11:00 pm 1 15 $ Gym W Entrance E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 8:00 am - 11:00 pm 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 12:01 am 1 15 $ Gym 8:00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 Pm 2 30 $ Overnight 11:00 pm - 8:00 am 1 9 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ Bag Checker 10:00 am - 9:30 pm 2 2 1 23 $ 1 TOTAL 16 225 Is 23 is 16 Is Page 9 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 TUESDAY, FEBRUARY 16, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS Bag Checker HOURS Rate Per Hour # OF SUPERVISORS SUPERVISOR Supervisor Rate HOURS Per Hour North Gate / TC 8:00 am - 11::00 pm 1 15 $ S. W Gate / CH 8:00 am - 11:00 pm 1 15 $ N. Stadium Gate 10:00 am - 11:00 pm 1 13 $ S. Stadium Gate 10:00 am - 11:00 pm 1 13 $ NW Ply Entrance 8:00 am - 11:00 pm 1 1 15 $ Main Gate 8:00 am - 11:00 pm 1 15 $ Gym W Entrance 8:00 am - 11:00 pm E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 8:00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 pm 2 30 $ Overnight 11:00 pm - 8:00 am 1 9 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ Bag Checker 10:00 am - 9:30 pm 2 23 $ TOTAL 16 225 Is 2 23 $ 1 16 $ Page 10 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 SJQ- H'jURJ` U WEDNESDAY, FEBRUARY 17, 2016 POST DECRIPTION HOURS # OF Guard GUARDS GUARD HOURS Rate Per Hour BAG # OF BAG CHECKERS Bag Checker CHECKERS HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate / TC 8:00 am - 11::00 pm 1 15 $ N. Stadium Gate 10:00 am - 11:00 pm 1 13 $ S. Stadium Gate 10:00 am - 11:00 pm 1 13 $ S.W Gate/CH 8:00 am -11:00 pm 1 15 $ NW Ply Entrance 8:00 am - 11:00 pm 1 1 15 $ Main Gate 8:00 am - 11:00 pm 1 15 $ Gym W Entrance E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 8:00 am - 11:00 pm 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 8:00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 pm 2 30 $ Overnight 11:00 pm - 8:00 am 1 9 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ Bag Checker 10:00 am - 9:30 pm 2 23 $ TOTAL 16 225 $ 2 23 $ 1 16 $ Page 11 �jC-'HJ QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 THURSDAY, FEBRUARY 18, 2016 POST DECRIPTION HOURS # OF Guard GUARDS GUARD HOURS Rate Per Hour BAG # OF BAG CHECKERS Bag Checker CHECKERS HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate / TC 8:00 am - 11::00 pm 1 15 $ N. Stadium Gate 10:00 am - 11:00 pm 1 13 $ S. Stadium Gate 10:00 am - 11:00 pm 1 13 $ S W Gate / CH 8:00 am - 11:00 pm 1 15 $ NW Ply Entrance 8:00 am - 11:00 pm 1 15 $ Main Gate 8:00 am - 11:00 pm 1 15 $ W Gym Entrance 8:00 am - 11:00 pm E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 8:00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 pm 2 30 $ Overnight 11:00 pm - 8:00 am 1 9 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ Bag Checker 10:00 am - 9:30 pm 2 23 $ TOTAL 16 225 $ 2 23 $ 1 16 $ Page 12 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 �J��HJWjj §11- U FRIDAY, FEBRUARY 19, 2016 POST DECRIPTION HOURS # OF Guard GUARDS GUARD HOURS Rate Per Hour BAG # OF BAG CHECKERS Bag Checker CHECKERS HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate I TC 8:00 am - 11::00 pm N. Stadium Gate 10:00 am - 11:00 pm 1 15 $ 1 13 $ S. Stadium Gate 10:00 am - 11:00 pm 1 13 $ S.E Gate / CH 8:00 am - 11:00 pm 1 15 $ NW Ply Entrance 8:00 am - 11:00 pm 1 1 15 $ Main Gate 8:00 am - 11:00 pm 1 15 $ Gym W Entrance 8:00 am - 11:00 pm E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 8:00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 pm 2 30 $ Overnight 11:00 pm - 5:00 am 1 9 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ Bag Checker 10:00 am - 9:30 pm 2 23 $ TOTAL 16 225 $ 2 23 $ 1 16 $ Page 13 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 SATURDAY, FEBRUARY 20, 2016 POST DECRIPTION HOURS # OF Guard GUARDS GUARD HOURS Rate Per Hour BAG # OF BAG CHECKERS Bag Checker CHECKERS HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate / TC 8:00 am - 11:00 pm N. Stadium Gate 12:00 pm - 11:00 pm 1 15 $ 1 11 $ S. Stadium Gate 12:00 pm - 11:00 pm 1 11 $ S. W Gate / CH 8:00 am - 11:00 Pm 1 15 $ NW Ply Entrance 8:00 am - 11:00 pm 1 15 $ Main Gate 8:00 am - 11:00 pm 1 15 $ Gym W Entrance 8:00 am - 11:00 pm E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 8:00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 Pm 2 30 $ Overnight 11:00 pm - 8:00 am 1 9 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 S Bag Checker 12:00 pm - 9:30 pm 2 19 $ TOTAL 16 221 $ 2 19 $ 1 16 $ Page 14 QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 �C�HHJIjJJ� E! SUNDAY, FEBRUARY 21, 2016 POST DECRIPTION HOURS # OF Guard GUARDS GUARD HOURS Rate Per Hour BAG # OF BAG CHECKERS Bag Checker CHECKERS HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate / TC 8:00 am - 11:00 pm 1 15 $ N. Stadium Gate 12:00 pm - 6:00 pm 1 6 $ S. Stadium Gate 12:00 pm - 6:00 pm 1 6 $ S. W Gate / CH 8:00 am - 5:00 pm 1 9 $ NW Ply Entrance 8:00 am - 5:00 pm 1 9 $ Main Gate 8:00 am - 5:00 pm 1 9 $ Gym W Entrance 8:00 am - 5:00 pm E. Comm. Center 8:00 am - 5:00 pm 1 9 $ i 1 9 $ S. Comm. Center 8:00 am - 6:00 pm 1 10 $ Medical 8:00 am - 5:00 pm 1 9 $ Gym 8:00 am - 5:00 pm 1 9 $ Locker Room 8:00 am - 6:00 pm 2 20 $ Overnight 11:00 pm - 7:00 am 1 8 $ Relief 8:00 am - 8:00 pm 2 24 $ Supervisor 8:00 am - 6:00 pm i 1 1 10 $ Bag Checker 12:001 -4:00 pm 8 $ QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 ,.Jca��j�j��It r ITOTAL I 16 I 152 I$ 11 2 I 8 I$ 11 1 I 10 Is MONDAY, FEBRUARY 22, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 7:00 am - 7:00 pm 1 12 $ Roving 7:00 am - 5:00 pm 1 10 $ TOTAL: 2 22 $ GRAND TOTALS1 1 169 1 2193 $ 11 20 1 183 $ 11 10 1 145 $ Page 16 SjQ H'Ll EP Vendor Name: QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 Page 17 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT. INC. THIS AGREEMENT, made and entered into this day of O�Z�IQSZr 6, by and between the CITY OF DELRAY BEACH, FLORIDA ("CITY"), a Florida municipal corporation, and Match Point, Inc. ("MP"), a Florida corporation. WITNESSETH: WHEREAS, MP desires to promote an annual professional tennis event sanctioned by the ATP Tour, Inc. ("ATP") (the "Event") to be held at the Delray Beach Municipal Tennis Center; and WHEREAS, the CITY is desirous of having the Event take place at the Tennis Center and will fully support and cooperate with MP In conducting a first class, professional sanctioned ATP event; and WHEREAS, the Event will be part of the ATP Tour, which is a series of men's professional tennis tournaments played over a period of approximately nine to ten days; and WHEREAS, it is the intent of both the CITY and MP that MP will stage the Event annually at the Tennis Center during the term of this Agreement; and WHEREAS, the CITY has designated JCD Sports Group, Inc. ("Designee") as its authorized representative for the purpose of implementing this Agreement and JCD or its successor designee is authorized to act as liaison on behalf of the CITY, provided however, the City may choose any successor designee; and WHEREAS, MP understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has exclusive pouring rights at the Tennis Center and MP shall not enter Into any agreements that would be counter to Coca-Cola's pouring rights in the City; and WHEREAS, MP understands that the CITY has entered into an agreement with Ticketmaster -Florida, Inc. for the sale of tickets for events held at the Tennis Center; and WHEREAS, the parties understand that this Agreement shall take the place of the current Agreement and any amendments thereto. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: Grant of License 1.01. GRANT AND TERM, The foregoing recitals are hereby incorporated. CITY hereby grants to MP an exclusive and transferable license for professional tennis events under the terms and conditions set forth herein (the "License"). Transfers shall require the consent of the CITY which may be given or withheld for any reason or no reason. MP hereby accepts such License from CITY under the terms and conditions set forth herein to use, manage and operate the Tennis Center for the staging of a nine or ten day (Including qualifying rounds) ATP Event beginning In 2006 to occur on dates determined by the ATP Tour provided such dates occur during the months of November through and including April for the years 2006 through 2030 and for the year round occupancy and use of office space as described below In Section 1.05 (M) and (G1). No later than September 30 of the year proceeding the date of the Event, MP will notify the CITY of the precise date of the Event for any particular year of the Event. The Term of the License Is for approximately twenty-five (25) years and shall specifically be from the date of execution of this Agreement until sixty days (60) days following the conclusion of the Event In the year 2030, unless earlier terminated as provided in this Agreement. This Agreement is not a purchase agreement and should be construed by a court of competent Jurisdiction to be a license agreement only, except for the rights of occupancy and use of real property as set forth herein. The License does not grant, nor is MP receiving, any rights to any real property owned by the CITY nor any property Interest except as set forth in this Agreement. 1.02, EXCLUSIVE LICENSE TO MP The license Is exclusive for the purpose of the Event which means that the City shall not hold any other women's or men's professional tennis event or exhibition with professional tennis players ninety (90) days before or ninety (90) days after the Event provided, however, the CITY shall not be prohibited from holding: (i) a Chris Evert Charity Event so long as it occurs in December; (ii) a Davis Cup or Federation Cup event ; (iii) amateur tennis events; (iv) another charitable tennis event In the CITY°s sole discretion or any other event as long as it is not held within 90 days before or after the Event. This exclusive use provided shall not prohibit the CITY from using or licensing the Tennis Center for other purposes, except as prohibited above. 1.03. CORPORATE REPRESENTATIONS AND WARRANTIES. MP hereby represents that it is a corporation, duly organized and in good standing under the laws of Florida and that It has the corporate power and authority to carry on its business as contemplated by this Agreement. This Agreement constitutes a legal, valid and binding obligation of MP, CITY hereby represents and warrants that it is a municipal corporation in good standing under the laws of Florida and that it has the power and authority to grant this license and conduct its business as contemplated by this Agreement. This Agreement constitutes a legal, valid and binding obligation of CiTY. 1.04. EVENT STRUCTURE CITY acknowledges that MP is a member of ATP and desires to assist in the successful and professional production of the Event in Delray Beach, Florida at the Tennis Center. CITY agrees to use its best efforts to promote and assist in the organization and promotion of the Event in a first class, professional manner. Notwithstanding the foregoing, the Parties agree that MP shall ultimately be responsible for the management and operation of the Event. The Event shall comply with all applicable ATP standards. 9.05. FACILITIES PROVIDED BY CiTY. CITY represents and warrants that the Tennis Center complies with all applicable laws and regulations, Including without limitation the American with Disabilities Act ("ADA!'), and agrees to provide the Tennis Center and surrounding parking under the terms and conditions of the License at no cost to MP, unless otherwise specified, including without limitation, the following: A. The Tennis Center and Stadium Court. The current stadium tennis hard court has permanent seating for approximately 8200 seats, and the CITY shall provide and install seat covers for up to approximately 4,000 seats at MP's direction, and the parties acknowledge up to 4,000 seats may be unused during the Event. MP agrees that at some point in the future the maximum seating may be reduced to approximately 5000 and hereby consents to that reduction, if so determined by the CITY. MP acknowledges that it has toured the Tennis Center and that no further changes presently are required to be made to the stadium or Tennis Center except as otherwise provided in this Agreement. CITY shall prepare and maintain the tennis courts, buildings and grounds of the Tennis Center seven (7) days prior to and during the Event, including landscaping, in accordance with or the then existing ATP Standards, specification or rules as applicable. B, On the stadium court, a quality public address system (to include a multiple cd player, 2 cordless microphones and microphone stand), solid vinyl backdrops, sealing for photographers, adequate color corrected lighting for a professional Event and television needs as they may exist from time to time, with a minimum of 100 candle power evenly distributed according to ATP- standard measurements, a T.V. tower and platform for a 5 -camera production and adequate electricity for television broadcast production. MP has inspected the foregoing systems or equipment and same are provided but maintenance by CITY is expected by the parties hereto. In addition, CITY shall at its expense design, construct and Install a DrawlSponsor Board substantially similar to and approximately three quarters (3/4) of the size of the picture attached hereto as Exhibit "A" and placed at a mutually agreed upon location andyapdated each year. C. Two show hard courts with public address systems for each court, solid vinyl backdrops, adequate seating for photographers and temporary seating for approximately 100 and 500 persons, respectively. D. Four (4) practice hard courts, in accordance with the then existing ATP standards, specifications or rules. All tennis courts to have sufficient cold water supply, electrical outlets, tables, chairs and sufficient gate access. E. Two extra substitute nets, net posts, ten pairs of single sticks and six umpire chairs with umbrellas; plywood boards (court color): (1) for support of all umpire's chairs (6 @ 4' x 4'), and (11) lines person's chairs (60 @ 2' x 2'); and twelve (12) solid vinyl dark green windscreens for qualifying courts; five (5) manual scoreboards for qualifying courts and show courts; In the stadium court, end court and side court signage attachments; and an end court barrier 5 -feet high and a side court barrier 3 -feet high. Side court barriers should be based on sight lines. Clearly numbered seating and sufficient dividers for box seats and sufficient room dividers for gymnasium. G. installation and maintenance of approximately 75 international flags selected throughout the Tennis Center, including in the stadium court, food court and entrance to Tennis Center, if same Is permitted by City ordinance. To the extent the placement and location of any flags requires a waiver from the City ordinance, the CITY will annually seek such a waiver as may be allowed by City ordinance. H. Sufficient short term parking for ticket purchasers and drop-off/pick-up of public, traffic control immediately adjacent to ticket office at the Tennis Center. Sufficient parking for VIP box holders, media, players, sponsors, ticket holders, public and volunteers. The City will administer the parking and pay costs associated with such parking as well as transporting persons to and from remote parking lots to the Tennis Center and will use its best efforts to obtain adequate parking for the Event. MP shall administer valet parking and incur all costs involved. The area(s) to be used for valet parking shall be approved by the CITY, o Electrical power, water supply and space sufficient for the Event including, but not limited to, two (2) television tracks and space for related personnel tent (20' x 20'), area lighting and parking for television trucks, tents, hospitality and concessions. The construction of two (2) program sales stands (the "Stand") (to be designed by MP and approval by the CITY) and sufficient space for tents, food, and beverage concessions, merchandise sales and other vendors, based on specifications or layout submitted by MP unless objected to by the CiTY. if the CITY objects to any layout or the design of the Stand, the parties shall mutually agree upon the location for or the design of same as the case may be. If the CITY fails to object to any layout or the design of the Stand as submitted by MP within five (5) days of the date any layout or the design of the Stand is received at the CITY, then any such layout or design of the Stand shall be deemed approved by the CITY. K. Restroom facilities for the general public and VIPs. CITY shall supply adequate supplies for the restroom facilities, including without limitation paper, soap and cleaning supplies. MP shall utilize said supplies and maintain the restroom facilities during the Event. L, Use of the Tennis Centers professionally maintained courts for practice, clinics, a pro -am Event, junior event and sponsors during the Event. Reasonable additional use by MP's staff during the year will be allowed upon CITY's approval. M. Use of the air conditioned Community Center described hereinafter adjacent to the Tennis Center at least five (5) days before the Event through two (2) days after the Event by members of the press, radio and television representatives, umpires, ball persons, volunteers, players, MP staff and/or as a hospitality area for sponsors and VIP's. The specific areas available for use in the Community Center are cross hatched on the diagram attached as Composite Exhibit "S" N. Use of locker rooms and players lounge providing adequate hot showers, relaxation areas, masseuse and training room with lockable top cabinets and hand sink for the players before and after matches, said facilities to include sufficient lighting and air conditioning. In addition, an area in the gymnasium facility will be designated for volunteers, officials and ball persons. O. Necessary signage within the CITY to direct the general public to the Tennis Center. This shall include directional pole signage for traffic with name and logo of the title sponsor included. Also, CITY shall provide on-site directional signage for parking, restrooms, hospitality, tents and other amenities, The CITY agrees to assist in. seeking Florida Transportation Department permission for temporary signage on 1-95 to direct persons to the Event and the CITY will use its best efforts to obtain Palm Beach County's cooperation and assistance with respect to 1-95 signage for the Event and signage on County roads to direct persons to the Event. P. A ticket sales office at the main entrance to the facility. 0. Year round exclusive access, use and occupancy by MP of the existing air-conditioned event office/ticket building (the "Office"), pre -wired for telephones, Internet, fax and electricity, so long as the Event is held at the Tennis Center and MP has the ATP sanction for the Event. The Office is identified In Exhibit "C" attached hereto and Incorporated by reference. CITY shall install and maintain painted sign of the name of the Event upon reasonable notice from MP designating the office on the outside of the office as mutually agreed upon by the parties. The CITY shall have the right to temporarily use the east portion of the Office consisting of the ticket area and the east room immediately adjacent to the ticket area for other tennis events described in Section 1.02 or for other non tennis events herein upon prior thirty (30) days written notice to MP. In the event the CITY seeks use of the Office (except as provided in the foregoing sentence), the CITY shall provide written notice to MP to vacate the Office provided, however, the vacancy shall not occur until ninety (90) days after written notice from the City to MP and there shall not be any such notice later than one hundred twenty (120) days before any Event. From the date of any CITY required vacancy by MP, the City shall pre -pay on an annual basis to MP for the remainder of the Agreement so long as the Event is held at the Tennis Center the fair market value of 1,500 square feet of Class B office space located within Delray Beach, plus real estate taxes and common area maintenance associated with any such lease as follows: (i) as mutually agreed upon between the parties, or (ii) by the CITY selecting an appraiser, MP selecting an appraiser, and each of those appraisers selecting a third person to determine the reasonable value of the aforesaid costs of such space. CITY further agrees to pay MP on the date of the start of any MP vacancy as described above from the office a sum not to exceed $10,000.00 for printing, moving and advertising costs expected to result due to the change in location or address of MP. R. CITY shall provide suitable flooring for exhibition booths on each side of the entrance of the Event with a distance of approximately 160 linear feet and with a width of approximately 10 feet. S. Provide reasonable access to golf tee times and a reasonable number of carts at the Delray Beach Golf Club for professional tennis players and sponsors selected by MP throughout the term of this Agreement with such persons as may be approved by golf course manager, and during the Event, three (3) utility golf carts for use by MP during the Event. T. During the Event, personnel to recruit and manage the ball person program in association with MP, one (1) liaison person designated by the CITY to assist in and Implement the CITY°s administrative duties during the Event. CITY to pay MP within thirty (30) days of the submission of any Invoice to the CITY of MP's actual cost, but not to exceed $9,785.00 and increasing 4.3% annually thereafter, for MP's operations personnel during the Event, to be hired and supervised by MP in Its sole discretion. U. One licensed electrician and one licensed plumber available for temporary wiring; electrical outlets; 220v in retail and vending areas; installation and provision of hot water heaters, sinks and holding tanks for water disposal at hospitality areas, exhibition booth areas, vendor compound and for concessionaires as needed per MP's request, if required by law, rule or regulation and at CITY's cost, and thereafter as needed during the Event and following the Event for necessary tear down of temporary electric and plumbing installations. The electrician shall be available on site during the Event, V. Teaching tennis professionals to assist with the organization of clinics, Kid's Day and the Pro Am, W. All necessary CITY permits. X. Approximately fifty (50) 1 F telephone lines where needed by MP, with dial -tone and ready for plug in use one (1) week before the Event and a sufficient number of pay phones for general public use during the Event. Y. Flooring for tents, appropriate for a first class reception/food court area, covering two unused tennis courts at the Tennis Center. Z. Two (2) industrial vacuums, six (6) fire extinguishers or more as required by any code or the fire marshail and a storage area consisting of approximately 800 square feet located at the Tennis Center. AA, in the event the Tennis Center is not In compliance with the ADA, the CITY shall be responsible for bringing the Tennis Center Into compliance with the ADA at no expense to MP. 1313. CITY shall collect and dispose of all refuse and garbage including, without limitation, water and grease In holding tanks on a daily basis or as needed, if required by any applicable laws, ordinances and health codes. CC. The CITY covenants and warrants that the Tennis Center shall remain and be maintained in as good a condition as the Tennis Center is as of the date of this Agreement, normal wear and tear excepted. II,°�iq.7z - 2�ifl 1.06. CiTY MARKETING SUPPORT. A. CITY will at no cost to MP assist In the promotion of the Event by using its available marketing resources which may include advertising, newsletters to tennis center members, brochures, and other printed materials, such as authorized by MP. The CITY is not required to create new advertising programs. B. MP shall provide a revocable license to CITY for the use of the Event name and logo, including photographs for the purpose of promoting its association with the Event, but shall have no ownership Interest in any intellectual property rights which may arise from the Event, including without limitation the Event name and logo. All advertising and promotional materials pertaining to the Event must be preapproved in writing by MP for purposes of quality control, which shall not be unreasonably withheld. The CITY may not use photographs, biographies, or any Event materials in any way which could be interpreted as an endorsement of the Tennis Center or CITY by a player, without such player's prior written consent or MP's consent as the case may be. C. CITY shall be the Co -Title Sponsor, as provided by Exhibit "D", and shall have the right and responsibility to be the designated originator of three Emerald and three Diamond City Sponsorships as provided In the Composite Exhibit "E". The CITY may request changes to items listed in Exhibit "E" provided that MP consents to the change, which consent shall not be unreasonably withheld, and the proposed change represents a similar dollar value. The Emerald Sponsorship has an original value of $75,000.00 and the Diamond Sponsorship has an original value of $175,000.00. These values may be changed in the future by the CITY in Its sole discrection. MP shall not give, transfer or sale any sponsorships to any other Co- T We Sponsor during the term of this Agreement. if for any reason the Event Is not televised, MP shall pay CITY $30,000.00 (which will Increase by the same percentage each year as the CITY's payment to MP as set forth in Paragraph 3.01(A)) as a Lefund toward lost advertising. Notwithstanding the foregoing, MP shall not be obligated to pay the CITY the $30,000.00, including any applicable increase, sum where any such failure or inability to televise the Event was caused by casualties, acts of God, material shortages, war, weather, utilities blackout, water shortages, governmental regulation, strikes or labor disputes, or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits, if any. 1.07. CiTY'S RESPONSIBILITY TO CONTROL PREMISES. CITY shall be responsible for the security and crowd control at the Tennis Center and at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws. ARTICLE 2 MP's Rights. Responsibilities and Obligations 2, 01 ORGANIZATION. MP shall retain full control over the Event including, without limitation, the presentation, structure, quality and all other elements of the Event other than those items specifically reserved to CITY in this Agreement MP is responsible for the following elements which shall be Included as expenses of the Event: A. Turn -key management of the Event; B. Securing the professional players to play In the Event; C. Developing and implementing MP's Marketing Plan, including but not limited to the following (i) print and electronic advertising; (ii) promotional materials; (iii) direct mail; (Iv) telemarketing; (v) merchandising; and (vi) licensing; D. Contracting with the umpires and lines people; Scheduling of matches; F. Soliciting sponsors both on an area and local basis which may Include national and regional sponsors; G. Development of the Hospitality Program; H. Ticket sales; Development of a Volunteer Program; J. MP shall spend at least $150,000.00 annually for player appearance fees and such fees shall increase by the same percentage as the CITY's payment to MP as set forth In Section 3.01(A). In the event that MP fails to pay a fee of $150,000.00, or as it may be increased, which fee shall not include any prize money awarded, for player appearance fees in a given year, MP shall, within 30 days, refund the amount that it did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable shall endeavor to secure players the CITY and MP agree will be most beneficial for the Event; K. Television production and distribution; L. Public relations; M. License merchandise safes; N. Medical services; ®. Box office; P. Tennis clinics and Pro Am schedule; Q. All other elements required to present a first class, professional Event and not Identified as a CITY responsibility; R. Professionally managed food concessions, catering and VIP entertaining, subject to Section 2.03 of this Agreement, 2.03. CONCESSION RIGHTS OF MP. MP or any person, firm or corporation with whom It contracts (together for purposes of this paragraph "Concessionaire") may sell food, beverages, alcoholic beverages, confections, refreshments, products, items sold at retail and Event related novelties (together the Concession Items). With prior approval from the CITY, Concessionaire may provide temporary structures for the sale of Concession Items at the expense of the Concessionaire. In providing the concession service, Concessionaire shall comply with the following provisions provided, however, that MP shall remain ultimately responsible to CITY for all obligations required of the Concessionaire: A. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses, including any liquor licenses, that may be required in connection with the sale of Concession Items. Required CITY licenses and permits shall be granted at no cost to Concessionaire. B. All Concession Items sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. C. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of CITY may cause undue litter. D. Concessionaires shall have the option to sell beer and wine at the Tennis Center and all afcohollo beverages, if such permission is obtained from the CITY. Sale of beer and wine must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly 10 licensed by the State of Florida. All alcohol licenses shall be displayed In a conspicuous place at the Tennis Center. MP and/or Concessionaire shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. MP and/or Concessionaire shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations, E. Concessionaire may, at Its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit pians and specifications concerning fixtures and equipment to CITY for approval prior to installation of any items, which shall not be unreasonably withheld. Within five (5) days of delivery of any Concessionaire plans and specification to the City, the City will inspect such plans and specifications for City code and regulatory compliance. If the CITY objects to any such plans and specifications, the parties shall mutually agree upon same, If the CITY fails to object to any such plans and specifications as submitted by Concessionaire within five (5) days of the date any such plans and specifications are received at the CITY, then any such plans and specifications shall be deemed approved by the CITY. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. F. The Concessionaire shall provide all maintenance, repair and service required on all equipment used in each concession. G. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, In a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever necessary to do so under the applicable legal standards. All janitorial services necessary In concession area shall be provided by Concessionaire at Concessionaire's expense. H. CITY agrees to supply at its expense a sufficient number of decorative ashtrays and refuse containers, with plastic waste bags, throughout the Event, MP shall provide personnel to maintain the Tennis Center during the Event and to empty said refuse containers as needed in the Tennis Centers central waste depository. If the concession is operated by a person, firm or corporation other than MP, such person, firm, or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, Its officers, agents and employees as additional insured. All contracts with Concessionaires shall contain the requlrements set forth In section 2.09. 2.04, REPAIR. REPLACEMENTAND MAINTENANCE. During the term of this Agreement, MP shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which its employees and/or vendors are directly responsible, ordinary wear and use thereof only excepted, In order to restore the Tennis Center to a condition equal to the condition at the time MP occupies the Tennis Center. MP shall be responsible for cleanup of the Tennis Center during and after the Event, except as otherwise provided herein. If at any time CITY determines that the ciean-up services provided by MP are not adequate or that said services endanger public health and safety, CITY shall provide these services after providing MP with -forty-five (45) days written notice of any such failure by MP and MP shall reimburse CITY for the costs of providing these services. 2.05. INSURANCE. MP shall provide CITY with proof of insurance covering MP's activities, including its operation of the Event. MP agrees to carry full insurance coverage for the Event and all other activities connected with this Agreement and the types and at the minimum amounts listed below. Comprehensive General Liability including: Broad Form Contractual, Automotive, Personal Injury, Advertising Liability, Spectators Liability; Five Million ($5,000,000) Dollars combined single limit per occurrence, Employer`s Liability; Five Million ($5,000,000) Dollars per occurrence; Workers' Compensation Insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement; Liquor Liability Insurance with limits of at least Five Million ($5,000,000.00) Dollars; Fire Legal Liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the CITY's Risk Manager. CITY, its officers, agents and employees shall be named as an additional insured on the policies. 12 ARTICLE 3 Payments and Other Financial Richt$ and Resoonsibllltles 3.09 PAYMENTS AND REVENUE A. Payment to MP by the CIN shall be as follows: $875,000.00 to MP minus $180,250.00 (previously paid by the CIN) or $694,750.00 paid in four equal installments of $173,687.50 payable November 1, 2005; December 1, 2005; !anuary 1, 2006 and February 1, 2006. 2. $35,000.00 to MP payable on March 1, 2006 and on the first day of each month thereafter up to and including September 1, 2006. $134,750.00 to MP payable on October 1, 2006 and on the first day of each month thereafter up to and including February 1, 2007. Thereafter, the monthly base payment amounts provided above shall be Increased by the percentages listed below for the applicable year of the Agreement, 3. Beginning on March 1, 2006 and continuing for 10 years the base fee shall increase by 5% each year. 4. Beginning on March 1, 2016 and continuing for 4 years the base fee shall increase by 4.5%. 5, Beginning on March 1, 2020 and continuing for 3 years the base fee shall increase by 4%. 6. Beginning on March 1, 2023 and continuing for 4 years the base fee shall increase by 3.5%. 7. Beginning on March 1, 2027 and continuing for 3 years the base fee shall increase by 3%. B. The CIN shall retain all proceeds from Palm Beach County regarding this Event, however, excluding any proceeds from the Convention Business Bureau and excluding any funds that area result of an application made diractly by MP to Palm Beach County. The CITY shall also retain any revenue received from parking, excluding valet service offered by MP. C. Naming Rights - The CITY may sell the Naming Rights to the Tennis Stadium, Center or any other part of the facility, without the permission of MP and shall retain all proceeds from such sale. 13 D. CITY Sponsorships - The CITY may sell 3 Diamond and 3 Emerald sponsorships pursuant to Exhibit "E." The CITY shall retain all proceeds. 3.02. TAXES. MP shall be liable for any and all taxes which are or may be imposed on MP and CITY, as a result of this Agreement. Taxes shall be paid to the appropriate authority and Including but are not limited to sales and use tax. The City will cooperate and assist MP in any revisions to this Agreement which may reduce or eliminate such taxes. 3.03. OTHER SERVICES AND SUPPLIES. MP further agrees that all services and supplies which it requires to operate the Event and which are not specifically identified herein as CITY responsibilities shall be provided by or through MP at its sole cost and expense. 3.04. POLICE AND EMERGENCY PERSONNEL CITY agrees to provide, at is sole expense, 24 hour police and/or security and emergency personnel for the Tennis Center beginning the preceding Monday before the Event and ending one (1) day after the Event ends. MP agrees to work with the CITY Police Department to provide for additional CITY police personnel which the CITY determines, In its sole discretion and at its sole cost, may be necessary for security at the Tennis Center during the Event. MP shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee to determine the proper scheduling of security for the Event. Also, MP shall contact the CITY Fire Department to make arrangements for emergency medical technician personnel to be present at the Event as reasonably necessary to be provided by CITY at its sole expense. The number of personnel to be supplied by the CITY shall be determined by the CITY. 3.05. TICKETS FOR ADMISSION. MP shall not oversell the Event. All tickets for admission shall contain language approved by CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, MP shall provide CITY with the established selling price of each type and kind of ticket for CITY's review and approval. Said approval shall not be unreasonably withheld. The CITY shall have three (3) business days to review, approve or reject the form of the tickets. In the event the CITY does not object In writing within three (3) business days from the date the tickets were submitted to the CITY for approval, then the tickets shall be deemed to be approved by the CITY in terns of form. In the event of any cancellation of any Event, MP agrees to reimburse ticket holder who duly present tickets to MP for reimbursement, reimbursement for the face amount of any such ticket. ARTICLE 4 Termination and Default 14 4.01. TERMINATION, A. Termination of this Agreement for any reason provided herein shall not relieve either party from its obligation to perform under the terms and conditions of this Agreement. B. In addition, CITY shall have the right to terminate this Agreement upon default by the other party, as defined pursuant to Paragraph 4.02. 4.02. DEFAULT BY MP. A. The following shall constitute default by MP: (1) failure to perform any of the non-financial terms and conditions of this Agreement, when such failure In performance is not remedied by MP within thirty (30) days after receiving notice In writing of such default or In cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S Intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth In the notice from the CITY; (i1) failure to hold an Event, unless such failure is waived by the City or except for any force ma}eure, shall result In an automatic termination and notice shall not be provided; (iii) failure of MP to own the ATP sanction or fails to have the right to hold the Event when failure is not a result of any voluntary act or inaction by MP; (Iv) bond limitation is exceeded pursuant to paragraph 5.11. Upon the occurrence of these events the City may declare that this agreement be terminated and in such event MP shall in addition to the requirements set forth in this Agreement, and any other remedy the CITY may have at law or equity, shall refund all monies paid by the CITY for the period after the Event last held and up to the date of the anticipated Event. As a further remedy that the CITY shall have in the case of a default, under items (1), (11) or (Til), by MP and where the Event Is moved from the CITY within a 2 year period of such default, the CITY shall be entitled to a fee of five million dollars if the default occurs during the first five years of the Agreement; the CITY shall be entitled to four million dollars if the default occurs during years six through ten; the CITY shall be entitled to three million dollars If the default occurs during years eleven through fifteen; the CITY shall be entitled to two million dollars if the default occurs during years sixteen through twenty; and the CITY shall be entitled to one million dollars if the default occurs after year twenty. These amounts are in addition to the refund of the funds that the CITY would receive based upon its payments to MP from the date of the last Event up to the date of default, 15 B. Notwithstanding anything to the contrary contained herein, this Section 4.02 shall not apply and MP shall not be in default of this Agreement where MP's failure or inability to perform was caused by casualties, acts of God, material shortages, war, weather, water shortages, utilities blackout, governmental regulation, strikes or labor disputes or MP's Inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits. 4,03. DEFAULT BY CITY. The following shall constitute default by CITY: (i) CITY'S failure to perform any of the nonfinancial terms and conditions of this Agreement and such failure in performance Is not remedied by CITY within thirty (30) days after receiving notice In writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and MP's intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from MP; (ii) failure by CITY to pay to MP any sums due under this Agreement within fifteen (95) days of required date for payment, Notwithstanding anything to the contrary contained herein, this Section 4.04 shall not apply where CITY'S failure to perform in a timely manner was caused by casualties, acts of God, material shortages, war, weather, water shortages, utilities blackout, governmental regulation, strikes or labor disputes, or CITY'S inability to secure necessary governmental permits after a reasonable effort by CITY to so obtain said permits. Waiver of any breach of a term or condition shall not constitute a waiver of any other terms or conditions unless in writing signed by the parties. 4,04 RELOCATION OR SALE OF THE EVENT This Event may not be moved from the City of Delray Beach. If the Event is transferred, sold or assigned to another entity, that transferee or assignee shall assume this obligation subject to the consent of the CITY that may be granted or withheld, in its sole and absolute discretion. Furthermore, MP shall grant to the City a second right of refusal, behind the ATP, to purchase the sanction for the Event from MP. 4.05. NOTICES. Any notices shall be effective when submitted or required by this Agreement placed in the U.S. Mail and sent by registered or certified mail and addressed to the parties as follows: To the CITY: David Harden, City Manager IL City of Delray Beach 100 N.W. 1 at Avenue Delray Beach, Florida 33444 With a copy to: Susan A. Ruby, Esquire City Attorney City of Delray Beach 200 Northwest 1 st Avenue Delray Beach, Florida 33444 To MP: Mr. Mark Baron Match Point, Inc. 30 N.W. 1st Avenue Delray Beach, FL 33444 or to such other addresses as either party may designate in writing. ARTICLE 5 Miscellaneous Provlslons 5.01. NON-DISCRIMINATION. A. That MP for itself, its personal representatives, successors in Interest, assigns subcontractors, agents, and sublessees, as a part of the consideration hereof, does hereby covenant and agree that: (i) no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination In the use of said facilities; (ii) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation In, be denied the benefits of, or otherwise be subject to discrimination; and that MP shall use the Tennis Center in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Nondiscrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare ® Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That In the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the License and to take possession of the Tennis Center and hold the same as if the License had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including, exercise or expiration of appeal rights. 17 C. MP shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, agencies or the retainage by MP of subcontractors, agents, volunteers or concessionaires or any matter directly or indirectly related to employment or agency because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 5.02. CHANGE IN LAIN During the Term, the CITY reserves the right to restate and/or re -negotiate with MP such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the Tennis Center. In the event that the CITY and MP are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services Involved In the addition, deletion or change shall be terminated or eliminated. 5.03. IND EARNIEICATION. MP agrees to indemnify, save and hold CITY, its officers, agents and employees, harmless from any and all suits, claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the actions of MP or its officers, agents and employees, Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Section shall survive the execution, delivery and performance of this Agreement. 5.04. DESTRUCTION OF EVENT SITE. In the event the Tennis Center, or major part thereof, shall be destroyed or substantially damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence shall render the fulfillment of this Agreement by MP or the CITY impossible, then this Agreement may be canceled and voided unless the parties agree to reschedule the Event or temporary facilities are available for the Event and both parties agree that the Event may be held in the temporary facilities. The City in its sole discretion may determine that it will not rebuild the Tennis Center. In the event of rescheduling of the Event, all other terms and conditions of this Agreement shall remain in full force and effect unless because of such destruction the Event is not held in any given year, the payments to be made by the CITY or MP shall abate provided, however, if monies are received under this Agreement by the CITY or MP as specified in Section 3.01, then such monies shall be_disbursed in accordance with Section 3.01, If the CITY determines to rebuild the Tennis Center, CITY agrees to rebuild the Tennis Center or 18 any part thereof at least to the condition of the property before any such destruction or substantial damage. 5.05. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any personal property located at the Tennis Center by MP, its agents, employees, representatives, independent contractors or invitee. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Tennis Center under this Agreement, unless such damage, loss or liability Is caused by CITY'S (including employees and agents) negligence or misconduct. 5.06. INDEPENDENT CONTRACTOR STATUS. MP and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of Joint undertaking or venture between the parties hereto. 5.07. ASSIGkMENT. A. MP shall not assign or transfer this Agreement nor otherwise convey any privilege granted hereunder or sublease/license any part of the Tennis Center unless the written consent of the CITY Is first obtained, except as otherwise provided herein, Such consent shall not be unreasonably withheld. Neither this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of the law or by any process or proceeding of any court. B. Assignment as referred to above shall include, but not be limited to, any and all sales, assignment, transfer, collateralization, or other disposition of a controlling interest in stock certificates, right, title and/or interest in and to MP to any person or entity other than Mark Baron and/or his immediate family. C. This section shall not be applicable to any transaction wherein: (1) MP remains the owner and managing entity of the Event, and (ii) the controlling interest or majority interest in any successor to or assignee of MP remains with Mark Baron and/or his immediate family. 5.08. GOVERNING LAWAN® l/ENUE The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of 19 this Agreement shall be litigated In the Fifteenth Judicial Circuit In and for Palm Beach County, Florida. 5.09, SEVERABILITY Should any part, term or provision of this Agreement be deemed by a court of competent Jurisdiction to be illegal or in conflict with any law of the state, the validity of the remaining portions or provisions shall not be affected thereby. 5.10. NO REPRESENTATiONS SY CITY Neither the CITY nor the CITY'S officers, agents and/or employees have made any representations or promises except as expressly set forth in this Agreement. 5.11. BOND LIMITATIONS. A. It Is recognized by MP that the Tennis Center has been financed with proceeds of tax exempt debt and may be refinanced from time to time in the future and that the Internal Revenue Code of 1988, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to finance the same. B. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate, without any required notice by the CITY, if any payment required to be made under the provisions of this Agreement to the CITY would, together with any other private use payments made or required to be made by any other entlty(tes) or person(s) for the use of the tennis center or 'elated facilities, adversely affect the exclusion from gross income for federal Income tax purposes on any Interest obligation (herein "negative tax consequences`) of the CITY issued to finance or refinance the tennis center or any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, It is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the CITY'S bond counsel, would not have negative tax consequences. 5.12 TICKETvIASTER AGREEMENT. 20 The CITY has entered into an agreement with Ticketmaster -Florida, Inc. in which Ticketmaster has the exclusive right to sell all tickets for any attraction made available to the public at the Delray Beach Tennis Center and this Agreement shall be subject to the terms and conditions of that agreement. 5.13. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit; and sections headings are for convenience only and shall not be deemed to modify, explain, qualify or restrict any of the provisions of this Agreement. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 5.14 EFFECTIVE DATE OF AGREEMENT. This Agreement shall only be effective if signed by the Mayor of the City and MP. IN WITNESS WKERE®F, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: CITY `', By'-� City Clerk Approved as to For City Attorney WITNESSES: MATCH POINT, INC. By:.� i { ' t or Ty�p/e NaTe) Sl sail GmInas (Print or Type Name) 21 FLORIDA STATE OF COUNTY OF The foregoing instrument was acknowledged before me this Irdayof ®C,�ohe.C_ _, 2005 by Mark S. Baron as President of MATCH POINT, INC., a Florida Corporation, on behalf of the corporation. He is personally known to me er-has .. _ _ _R �J _�itC.��61.....1 14 I ature of Notary Public — State Florida Joanna M. Weaver Commission # OD285036 Expires February 6, 2008 SOF laMfdPfgFW •MSIaW,tree ✓pOd6bT078 22 8 gT4FqxH I V Y 0 u ' • 1 1 firi� I V Y 0 u f -t�m MOW, 9 � r all 1111111:111111111111111. 11111111 If 111111 IIh�Ij M � .v �_1111i It M' 1111111 �r c �nlunm a�F w I QQ INTERNATIONAL ZONAL Delray Beach • falm Beach County The premier tennis experience In Broward, Palm Beach and the Treasure Coast January 28- February 5, 2006 at the Delray Beach Tennis Center & Stadium CITY OF DELRAY BEACH CO -TITLE SPONSORSHIP `J.G.. ATP IDENTIFICATION Namehogo It r ilded in the "Official Tournament Title" 15 i gntatton of trophy or check to singles and doubles champions - Stadium Court signage (name and/or logo) 1 sign on each of the north and south backdrops, court level 1 sign on each of the east and west sides " 1 sign on each of the two on -court scoreboards ` 1 sign on the upper level Veranda S100age on Canopy 2nd show court signage (name and/or logo) 1 sle ply,04 IS of the nD . Eipq 0ulh I%bkdrops, court level 1 grg Qn tpf�tt�Mlontfs -poueorgboafls .., ._. %.c .,✓.<rFd,.d'§i, t��Y rJs ..-'� t.-sri�2::.. d, :1 ��, .. -. �.., .. i . •ep v 4' r .. .. the qicial 7ol{�n mefit ro�ra ti x1 box hQider s bba Rrominentl dl y8d pn.slt'Y v >1iF �ffiaal Tournament Program .' �.� t � �ti�g w�� IboardH 39 s7Cdtt >iclaidi4es8{o�n9.Qf to $v ` t M.e?a *.-.... t z, B pk oove�n'�i1iull pageFelertdemirit,,l�ts 1 full"{Mage "�%Ve�lcome" in the Official Tournament Qrogram l Nim 'tlo� ipcluded in all {i {nt 9.� pr�olpDjkggz! m tenals pro, y C ;, whet {Spl Cab (po�tofp„bl`bplat! es, print ads et'.),, i n the t#icldJ.ITd,p>tttC(' • Suide,Als((�k7 to all I7'Cr:0onson5, Midi ess. box holders and series ticket holders Right to incorporate sponsor's tournament affiliation in promotional activities PROMOTIONS An exhibition booth to showcase sponsor's products and services, including - exhibitor credentials parking passes 2 public address announcements per session on stadium court Page 2 of 2 City of Delray Beach Co -Title Sponsorship PROMOTIONS (continued) " Featured "Sponsor Session" devoted to the promotion of sponsor, including Signage at tournament entrance naming sponsor as "Session Sponsor" Right to distribute product at tournament entrance Assistance In designing promotions and creating tournament related marketing programs Sponsor may supply product to spectators, players, press and tournament VIP's, upon Match Point, Inc: s approval WEBSITE & "E" NEWSLETTER " Recognition on Official Toumament Website (approx. 500,000 visits during tournament week alone) Link to company's website from Official Tournament Website, www.YellowTennisBall.com -"Featured Introduction'to fellow sponsors, VIPs, Box Holders, and chamber members via "Official Newsletter" to approximately 6,500 recipients TICKETS, CREDENTIALS & PASSES " "Stadium Veranda" seating on stadium court for 4 people per session " 4 VIP credentials - 2 valet parking passes per session " 10 box seats per session 5 VIP parking passes per session 24 reserved seats (section A - O) on stadium court per session " 12 premier parking passes per session 100 grandstand seats per session HOSPITALITY & ENTERTAINMENT One 60 -minute tennis clinic for 12 people, including On -court beverages and towels Shower facilities „ Invitations for 10 people to Join us for the "Players/Sponsor Charity Party OFFICIAL TOURNAMENT MERCHANDISE 10 Official Tournament Polo Shirts 10 Official Tournament T-shirts 20 Official Tournament Programs "•""".M.f.w.rr1•.►1r;QR+'�-.1.�! ..�:lam"�"u " ""I. * 0"...""" a""."1, rS;t,"—.1,"o*""" Delray Beach ' Palm Beach County EMERALD "CITY" PARTNERSHIP 2006-2008 Quit_ signage (namellogo) g,n on stadium court ign on the upper level Court signage (name/1090) ign on court enwrtMnnaoe (name/ion-0) UATP - A 10' x 10' exhibition bootn to snowcase sponbui o ptuuu, ka a, ,- ��. •• •-•- " 2 exhibitor credentials per session " 1 parking pass per session ` 1 public address announcement per session on stadium court " Assistance In designing promotions and creating tournament related marketing programs Sponsor may supply product to spectators, players, press, and tournament VIP's, upon Match Point, Inc.'s approval Page 2 of 2 Emerald "City" Partnership TICKETS, CREDENTIALS & PASSES " 2 boxes (4 seats each) per session "4 VIP credentials " 4 VIP parking passes per session 6 reserved seats (sections A - O) on stadium court per session " 3 premier parking passes per session WEBSITE & "Ell NEWSLETTER " Recognition on Official Tournament Website (approx 500,000 visits during tournament) " Link to company s website from Official Tournament Website, www.YellowTenn!sBall.com " "Featured Introduction" to fellow sponsors, VIPs, Box Molders, and chamber members via "Official Newsietter" to approximately 6,500 recipients seven (7) times annually HOSPITALITY & ENTERTAINMENT " Invitations for 4 people to join us for the Charity Players Party " Hospitality areas with catering are available for your entertainment needs OFFICIAL TOURNAMENT MERCHANDISE 4 Official Tournament Polo Shirts " 4 Official Tournament T-shirts " 8 Official Tournament Programs The Emerald "City" Partnership is available for $75,000 e a °(fi:'�'R+.4•Sk�d!{PRRQ}➢.¢.o:o.e e s s o o ®• ®• r a e• a a s a.•.• s.e.b®1.M, .�.:%�'st!;�:E��!P$ao oe T. (569) 330-6000.30 Northwest 1st Avenue, Delray Beach, FL 33444 • R (561) 330-6009 Ab INh�p�� Delray Beach DIAMOND "CITY" PARTNERSHIP 2006-2008 StadiuCn court signage (namellogo) "2 sigtls:on stadium court 1� sign on the upper level 2nd.sh6W court signage (namellogo) 2 signs on court " 3rd show court signage (namellogo) 4'sians.on.W.UA ATPil 61— ,�x nla ;�� •� �V stems' t�ok�L'�r��hur��p�t�'1'"%`�, ,a .. .r ,�=:." �(�ncluslo Ill tRs� fii'clalsk (33Rattr[ _ �� t�e� lad ut�'d tb aA Its spgnsor§� tiu _.•i_s..c1n8; hnx htSldLr� �1:1E� S�n¢� .., _ v...., . ....:.7;.„;;iinlal ac �V1tie8; I._.ip a�oNst iy' " ase sponsors products and services, including A 10' x 10' exhibition booth to showc 2 exhibitor credentials per session 1 parking pass per session 1 public address announcement per match on stadium court " Assistance in designing promotions and creating tournament related marketing programs " Sponsor may supply product to spectators, players, press, and tournament VIPs, upon Match Point, Inc: s approval Page 2 of 2 Diamond "City" Partnership TICKETS, boxes xxes®4 sePASSES seats each) persession ., 4 VIP credentials 2 VIP parking passes per session 8 reserved seats (sections A - 0) on stadium court per session " 4 premier parking passes per session WEBSITE 8, "E" NEWSLETTER rox 500,000 visits during Recognition on Official Tournament Website (app tournament) Link to company's website from Official Tournament Website, www.YellowTennisSall.com Featured introduction" to fellow sponsors, VIPs, Sox Holders, and lly ers via "Official Newsletter" to approximately 6,500 recipients seven (7) l mes annua HOSPITALITY & ENTERTAINMENT Invitations for 8 people to join us for the Charity Players Party " Hospitality areas with catering are available for your entertainment needs OFFICIAL TOURNAMENT MERCHANDISE " 8 Official Tournament Polo Shirts " 8 Official Tournament T-shirts " 16 Official Tournament Programs The Diamond ,City" Partnership is available for $175,000 •• o s.•.4:R' .� •.'.�`'w.4.�,�.A4..w0 ®+ o o• e o o e c a e e o 0 0 0 0 0 o a s a e e_o+,0:+ 4l 4`4"x''9®'• 0. 0 e 9st Avenue, Delray Beach, FL 33444 • F: (569) 330-6001 T. (561) 330-6000.30 Northwest FY 2015 Purchasing Plan 10 17 14 Referring to FY 2013 or 2014 Venders over $ 25K worksheet 1. Review each vender NAME and insure that DEPT is correct. 2. After identifying all your venders, look at each and fill in the 5 right hand columns: 3. If you have a Commission approved contract currently in force: a. Authorized by is COMM. b. Date authorized is contract start date. c. Date authorization expires in contract end date. d. Pts include a copy of the Commission memorandum and the contract when you submit this completed material. 4. If there is a contract, but it is not Commission approved, a. Authorized by is City Manager (CM) or Department Head (DH). b. Date authorized is contract start date. c. Date authorization expires in contract end date. 5. If there is no contract, all three columns are NA. 6. Develop your Plan a. If you have a Commission approved contract that expires on or after Sep 30, 2015 you are OK for now. Monitor City-wide spending throughout the year; when you get close to the annual spending authorized in the contract, schedule a Commission item to increase your limit. b. If you have a Commission approved contract that expires before Sep 30, 2015, schedule a Commission item to authorize a new contract, which will require you to follow all purchasing code rules. c. If you have no contract, monitor City-wide spending throughout the year; when you get close to $ 25K, schedule a Commission item to increase your limit. Caveat The purpose of code section 36.03 (B) is to identify opportunities for bids that were not immediately apparent. We might have been acquiring small amounts of the same / similar products or services in several departments and from multiple venders. When we look City - wide we see that we have sufficient volume for a formal procurement that could result in significant savings or increases in quality. Please be open to such opportunities. EXHIBIT "F" EXHIBIT "G" A.4at.cliftint Exhlbit G he Each contract requires a specla, "sponsorship needs" document to be created corresponding to the the s used o convey to tspecific$ of each ournament will Item ied lnthe Spon p property fuNidtl the sponocument isorsh pt Deadlines and proper forsponsor mals for each item are included. This document is sent to the sponsor within a few days of the agreement being signed. r to review each section of the The tournament!s partnership. Aftersponsor retios personnel contacts the sponso a omplete review of the agreement he sponsorship needs document will be discussed in detail with the sponsor. This process helps to alleviate any miscommunication about applicable requirements on the part of the tournament and the sponsor, The following sections convey the tournaments administration of each sponsorship: but not limited to: In-house staff contacts new sponsor for general company information. Including, point of contact and contact information Name and contact information of any relevant company name a$ it should appear in print fn on tournament website Web Address to link to www.yeliawTertnisBall.com company logo (vector -based EPS format) company tag line -Corporate mailing address -The above ascertained information is utilized as follows: identification - court signage • Tournament can use company's corporate logo identification or sponsor may choose to create something unique. Artwork must be provided in a vector -based EPS format. - Once logos are received, 90 percent of the time they are )pegs which are not vectorited (reproducible in scale while maintaining integrity) so clarity is generally an issue. Logos must be edited, sometimes even rebuilt, to turn them into vector art to ensure clear images regardless of scale. Some sponsors will use different logos or branding pending the signage location and dimensions so the process is then elongated, - Once logos are vectorized and made ready for use, we work with a local Delray Beach vendor for design, printing, delivery and installation of signage, On -court signs are ue panels (to tch center theme) that customized large are shipped from K ntucky othe Delray Beach asign makercourt s aquatic Sign maker presents multiple layout options for us to review and send sponsor. Some sponsors prefer vertical layouts, some prefer horizontal layouts, allll pending the application. Upon tweaking the design to the sp°n pint thees ipleceien we will give the official -OK to print" to the vendor so that he can p - This process is repeated for each and every piece of court signage that has the sponsor's identification on it, i.e. on -court signs, upper level stadium signs, court 1 and court 4 signs. Sponsors boards - Same as with on -court signage, must go through process of vectorizing logos. Sometimes multiple logos pending the sponsor's desires, which lengthens the process. - Different than on -court signage which features Individual logos on a single piece of substrate, sponsors boards Include multiple logos and the design part of the Job Is more timely. For this process we have to work with a 3'd party graphic designer. - At the same time we accumulate the required logos and go through the vectorizing process, we also work with the designer on the header, framework and theme for the sponsors boards. This overall look must be conducive to not dust the two sponsors boards, but also the singles draw board, doubles draw board, Patrons board and box holders board so everything has a cohesive appearance. - Once we receive the multiple logos that will be featured on the sponsors boards, we work closely with the designer to ensure that the size, layout and pattern of the logos properly represents the level and value of the featured sponsors. - Before the design of the sponsor boards is officially signed off on to print, the draft goes through a process of checks and balances amongst office staff to ensure accurate listing of sponsors has been assigned. - The large files are then sent from the designer to the local printer for production, delivery and installation. Box Holders Board - Similar to the sponsors boards, but featuring the name listing of the sponsor rather than the logo Identification. The official name of the company Is confirmed to ensure that proper identification is given, Le. with or with "Inc,", full name compared to common abbreviations, etc. - Also like the sponsors boards, the detailed graphics require the work of the same 3rd party designer. Once the tournament accumulates the hundreds of names for listing on the box holders board we then forward the list to the designer for layout. It Is important that each and every name is accurate therefore the list goes through the system of checks and balances to ensure all names are represented and correct. - Upon reviewing the draft of the sign, going through a 2"d process of checks and balances and signing off on the approved piece, the designer sends the large file to the local printer for production, delivery and Installation. Official Tournament Program - Similar to the Sponsors Boards In that the sponsors page In the program Includes multiple logos and names. For this purpose, we must again go through process of vectorizing logos as many on this page will not have been vectorized yet as the sponsor didn't have signage for which we would've tended to the logo previously, or some of the sponsors may choose to use a different logo for this page as It's a hand-held publication rather than a visual representation on a sign. • For those sponsors who receive name recognition, not logo Identification, the official name of the company is confirmed to ensure that proper Identification is given, i.e. with or with "Inc.", full name compared to common abbreviations, etc. - Once we receive the multiple logos and names that will be featured on the sponsors page In the program, we work closely with the designer to ensure that the site, layout and pattern of the logos and names properly represents the level and value of the featured sponsors. - Before the design of the page is officially signed off on to print, the draft also goes through a process of checks and balances amongst office staff to ensure accurate listing of sponsors has been assigned. Box Seat E ntra nce - The official name of the company Is confirmed to ensure that proper identification Is given, i.e. with or with "Inc.", full name compared to common abbreviations, etc. - Once the full IIsi of box holders is accumulated, with their seating assignments, the detailed list Is sent to the sign maker for design of the individual signs. - Sign maker will produce drafts of each individual sign, including the name of the box holder with their seating assignment. We will then review each piece for accuracy before giving the OK to print, produce, deliver and Install. Advertising .Off Icial Tournament Program -Receive the sponsor's advertisement from In-house staff and review ad for size accuracy and to make sure there are not any obvious technical Issues. Specifications; - PDF, TIFF, OXD, PSD, FH, CDD, 300 DPI JPG (PLEASE NOTE — We prefer to receive a 300 DPI PDF. If you can convert the fonts please do so. If not, have them embedded Into the PDF document.) - All flies need to be converted to grayscale -With bleed Full-page 8.75 Inches (wide) x 7.25 inches (tall) 1/2 page, horizontal 8.75 Inches (wide) x 3.75 inches (tall) 1/2 page, vertical 4,50 Inches (wide) x 7.25 Inches (tall) No bleed (there will be a .25 inch border around ad) Full-page 8 inches (wide) x 6.5 inches (tall) 1/2 page, horizontal 8 inches (wide) x 3 Inches (tall) 1/2 page, vertical 3.75 Inches (wide) x 6.5 Inches (tall) Trim size is 8 X x 7 - if obvious problems exist, we return the ad to the sponsor who can fix the problems or we can assess the cost from tournament's graphic artist • Advertisement Is then forwarded to program designer for thorough Inspection, including margins, line screen, resolution, etc. Once individual ad is approved, It is filed as "ready for print". - Once all advertisements and editorial are compiled, the book is laid out with special attention paid to positioning of sponsors advertisements. Consideration is given to the size of the sponsor, location relative to Intriguing editorial content, right side or left side page, cover or internal placement, depth, etc. . Draft of book Is program is then created for review, checks and balances. Upon confirming all ads and editorial are placed, accurate and clear, the book is ready for printing, binding and delivery. Name/logo Inclusion in Promotional Materials Pending level of sponsorship, sponsors Identifying trademark is included In tournament's marketing and promotional materials, Le. ticket brochures, posters, print ads, billboards, TV spots, etc. For this purpose, vectorized logos are crucial and that same process Is followed for any logos Incorporated Into the tournament's campaign. - Placement of logos within campaign is strategic in order to maximize the branding effort of the sponsor and event alike, so they nurture each other. - Before promotional and marketing materials are signed off on for production, they go through a system of checks and balances to make sure all required sponsor identification is apparent and accurate. - Right to incorporate Affiliation -Tournament works with sponsor Individually to tie-in their affillatlon with the event in their advertising and branding efforts. Promotions Exhibition Booth - Tournament will work with sponsor on times for pre -tournament setup and post - tournament breakdown, schedule of tournament sessions and hours the exhibition booth Is expected to be open, staffing of the ex ibition boothenhancements during booth are also tournament with proper credentials and parking passes. reviewed. - Tournament pays special attention to sponsor's exhibiting opportunity. As a key interactive element to the sponsorship, care Is taken when placing the sponsor on the property In an effort to maximize their experience—Is It a product, Is It a service, are they retail, are they display, is it relative other exhibitors whereby they can aid each other's exhibiting and the fans' interactive experience? -Operationally, the tournament tends to the electric, phone, lighting, structural and security needs relative to the exhibit booth. - Signage is also included and therefore the signage process then comes into play, I.e. correct Identification, checks and balances, production process, etc. Public Address Announcements - Tournament works Individually with sponsor on the creation of their personalized 40 - word public address announcement. Tournament provides well-received examples from other sponsors and Input regarding a rewarding announcement. -Assistance In Designing Promotions -Tournament works one on one with sponsor to help them best use the tournament and their affiliation with the event to maximize their gain. This includes pre -event, during -event and post -event. supplying product - The tournament knows who Is on property, when they re on property, the demographic make-up of these people and when and how best to engage them. applicable, With this knowledge the tournament works with each sponsor individually, If app creating an interactive experience, even facilitating Introductions personally If beneficial. - Tickets, Credentials & Passes -Tournament works with sponsor on any special requestre regarding dpgaeservedseot ng and stribution of box seats, VIP credentials, sponsor credentials, VIP parking, premier special event passes. Explanation for the proper use of each type of ticket and pass is reviewed with the sponsor. Because of the diverse seating, tickets and passes, an explanation of the stadium and venue Is beneficial. Web Site & E-Newsletter -Tournament's web site, YelloWTennisBall.cOm, is iconic in the industry; Time and resourced are continuously devoted to making It a viable year-round marketing tool for sponsors and partners. Reciprocal linking on sponsor pages, within news stories and in on-site features includes obtaining sponsor's desired URL and hyper-linking to it wherever the sponsor is addressed on Mello WTennlsBail.co m -Tournament works with sponsors to create a provocative corporate introduction to feature In the ). Tournament CO the named ogo)picture y and short release that links ton the full s ll story Ye i wTe nisBall.comles The e-newsletter database Is opt-!n and continuously updated with new followers. Hospitality & Entertainment -Tournament takes the lead with selected staff at sponsor organization regarding Invitations and RSVP's for tournament functions. - if the sponsor requires hospitality area with catering for entertainment, the tournament reviews the available schedule with sponsor and makes accommodations for the number of quests, catering/menu, d6cor, entertainment, etc. official Tournament Merchandise - official ITC logo apparel Is part of all sponsorships and the tournament Is responsible for making sure that each sponsor receives their specified merchandise vouchers In the sponsorship package This process is repeated six times, once for each of the six sponsorships that the City has at its disposal to sell. Additionally, Match Point, Inc. works with City's sales agency to aid the process !n advance of the sale, during the sale and throughout fulfillment of the sale rented V -Ma) -69 Mff� M An `� I IDENTIFICATION Name logo included in the "Official Tournament Title" Presentation of trophy to finalist Stadium Court signage (nameAogo) "Identification each hbackdrops Featusignage placement on north and south backdrops in slghtlin¢ Jrorn camera positions as well as having ere naim a visibility by all stadium spectators 1 sign on each of the east and west sides Featured walls / i On sss rid west side sightllne from camera positionsa inwell as having premia"nuous/y visibility by all stadium spectators - I sign on each of the two on -court scoreboards Featured signage placement on scoreboards In line with camera positions and highly vlslble for all patrons ` I sign on the upper level premium signage placement on the upper level is visible to all north, south and east side patrons - Signage on Stadium Veranda VIP canopy Exclusive signage placement on the Vlp canopy is visible to all south, east and west side patrons - 2nd show court signage (namei'logo) Identification on each ofthe north and south court level backdrops I sign on each of the two on -court scoreboards `3rd show court signage (name/logo) ` Identification on each of the north and south court level backdrops t y I sign on the on -court scoreboard " Recognition as the Co -Title Sponsor on Sponsor's Board at tournament entrance Recognition as the Co -Title Sponsor on Sponsor's Board prominently displayed on-site * Recognition as the Co -Title Sponsor In the Official Tournament Program - Recognition as a Box Holder on Box Holder's Board prominently displayed on-site " Recognition as a Box Holder in the Ofticlai Tournament Program ` Corporate identification at the Box seat entrance in Stadium Court Sponsors & Box Holders Boards are prominently displayed year-round at the Delroy Beach Tennis Center &Stadium ADVERTISING ' ATP Champions Tour Event featured in internationally televised ATP Highlight Program " ATP Champions Tour Event highlights featured during national and international coverage of ATP World Tour event �yFuTrcllvr /conilnuation) 2 Public address announcements per session an Stadium Court Recognition in print and promotional materials produced by Match Point, Inc. (i.e, 90,000 ticket brochures, Official Tournament Posters distributed regionally to 100+ country clubs, newspaper advertisements, etc.) "Right to incorporate sponsor's tournament affiliation in promotional activities PROMOTIONS " "Featured Sponsor Session" devoted to promotion of sponsor, including Signage at tournament entrance naming sponsor as "Session Sponsor" Right to distribute product at tournament entrance es A lo' x 10' exhibition booth to showcase sponsor's products obtained during including fITC bitor credentials an 1 parking pass per session, Sponsor to provide copy f Preferred ticket pricing for an employee appreciation outing andfor client entertainment (10 %on Box Seats, 20 %discount on Reserved Seats); ITC will create custom email and landing page on YelloWTennisBall-com featuring promotion and ordering mechanism Assistance in designing promotions and creating tournament related marketing programs ems.. vnr mAv minty product to spectators, players, tournament VIPs, upon Match Point, lnc.'s approval TICKETS CREDENTIALS &PASSES 4 seats In the Stadium Veranda per session '2 valet parking passes per session ' 10 box seats each per session '4 VIP credentials 5 VIP parking passes per session ' 24 Reserved seats (sections A - O) on stadium court per session ' 12 Premier parking passes per session - 100 grandstand seats per session WEBSITE & E -NEWSLETTER Recognition on Official Tournament Website (13,000,000+visits during tournament) - Link to company's website from Official Tournament Website, www.YellowTennisBall.com , "Featured Introduction" to 9,000 -plus fellow sponsors, VIP's, box holders and patrons via YellowTenniSBall.com B -newsletter HOVP7 —M. Access throughout the tournament week to the private Box Holders Lounge featuring full -bar, complimentary 'drink of the day', snacks and live TV coverage of the matches in an indoor/outdoor oasis overlooking the event " Invitations for 10 people to join us for the Sponsorstplayers Parry " Hospitality areas with catering are available for your entertainment needs This City of Delray Beach Co -Title Sponsorship for the ATP C ho nplons Series evert is s37s o00peryeor far 21 years. increasing 3 %annually. Yetlo6wTeonnlsBalLcome ItFacebook, M sPace &e7WItter: DelravBeach a x AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT INC. THIS AMENDMENT NO. 1 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this IT"L— day of t_laa* e,- 200_8. WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement dated October 12, 2005 (the Agreement); WHEREAS,.the Agreement currently allows for the Chris Evert Charity Event to be held in the month of December; WHEREAS, the patties wish to amend the Agreement to allow for the Event to take place in the months of November or December of each year. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: herein. 1. The recitations set forth above are hereby Incorporated as if fully set forth 2. Section 1.02 Exclusive. License to MP is hereby amended to provide that the Chris Evert. Charity Event shall not be prohibited by this Agreement so long as it is held in the months of November or December of each year. 3. The original agreement dated October 12, 2005 and this Amendment No. 1, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. 1 Y A 4. This Amendment No. 1 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS, WHEREOF, the parties hereto have executed this Amendment No. 1 the day and•year first above written. ATTEST: // B x 4e1°"�7 - ItyClerk,• !Q OS Appreve,d as to legal sufficiency M City WITNESSES: Print Name:. Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH as CI F RAY BEACH, FLORIDA By: Rita Ellis, Mayor MATCH POINT, INC. By. Mark Baro Title: A'ezil'n The foregoing Instrument was acknowledged before me this day of NA&V 200k by &MO (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of Incorporation) corporation, on behalf of the corporation. He he is personally known to me or has produced (type of Identification) as Identification. No ary Public — State of Florida �. Susan Kiminas 2 J7aLc . commlWon # 003895M Expires February i, 2009 � BaMaTiA'►i+•Yu,ruµ Te lOPEE6}01/ AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC. THIS AMENDMENT NO. 2 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this D day of —TkKN2 200g WITNESSETH: WHEREAS, the CITY and MP entered Into an Agreement dated October 12, 2005 (the Agreement); and WHEREAS, MP has offered to provide an "ATP Champions Tour" event at the Tennis Center as well as manage sponsorships that are sold; and WHEREAS, the "ATP Champions Tour" event shall run concurrently with the current ATP World Tour event held at the Tennis Center; and WHEREAS, the CITY Is the Co -Title Sponsor for the ATP World Tour event and shall now be a Co -Title Sponsor of the ATP Champions Tour event; and WHEREAS, MP shall administer (management and handling of sponsorship) all CITY sponsorships sold, which sponsorships shall include both tour events and MP shall receive a 5% fee of each sponsorship sold; and WHEREAS, the parties wish to amend the Agreement to allow for the "ATP Champions Tour' event as well as the administration of the sponsorships and to clarify the payments due for both events. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: -7 I . The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 1.01. GRANT AND TERM, is hereby amended to provide that an event currently called "ATP Champions Tour" event shall also be Included in the term "Event". The "ATP Champions Tour" shall be a three to five day event, plus additional days for a rain delay, and shall run concurrently with the ATP World Tour event. The start of the "ATP Champions Tour" event shall coincide with the start of the qualifying rounds of the ATP World Tour event. The initial term of the ATP Champions Tour event shall begin upon the execution of this Amendment and conclude on March 31, 2014. The ATP Champions Tour event shall be renewed for two five year and one six year period, (2015-2019, 2020-2024, 2025-2030), unless, either party, by April 1 of the year preceding the start of a renewal period [April 1, 2014; April 1, 2019; April 1, 2024] provides notice to the other party of its intent to, not provide the event in MP's case, or of Its wish to not fund the event in the case of the CITY. This cancellation provision only applies to the actual holding and funding of the ATP Champions Tour event and not to any other provisions of this Amendment or the underlying agreement. 3. Section 1.06. CITY MARKETING SUPPORT is amended as follows: A. CITY will at no cost to MP assist in the promotion of the Event by using its available marketing resources which may Include advertising, newsletters to tennis center members, brochures, and other printed materials, such as authorized by MP. The CITY is not required to create new advertising programs. B. MP shall provide a revocable license to CITY for the use of the Event name and logo, including photographs for the purpose of promoting Its association with the Event, but shall have no ownership interest in any intellectual property rights which may arise from the Event, including without limitation the Event name and logo. All advertising and promotional materials pertaining to the Event must be preapproved in writing by MP for purposes of quality control, which shall not be unreasonably withheld. The CITY may 01 not use photographs, biographies, or any Event materials in any way which could be interpreted as an endorsement of the Tennis Center or CITY by a player, without such player's prior written consent or MP's consent as the case may be. C, CITY shall be the Co-Title Sponsor for the ATP World Tour event, as provided by Exhibit "D", and shall have the right and responsibility to be the designated originator of three Emerald and three Diamond City Sponsorships as provided in the Composite Exhibit "E". The CITY may request changes to items listed in Exhibit "E" provided that MP consents to the change, which consent shall not be unreasonably withheld, and the proposed change represents a similar dollar value. MP shall not give, transfer or sale any sponsorships to any other Co-Title Sponsor during the term of this Agreement. If for any reason the Event is not televised, MP shall pay CITY $30,000.00 (which will increase by the same percentage each year as the CITY's payment to MP as set forth in Paragraph 3.01(A)) as a refund toward lost advertising. Notwithstanding the foregoing, MP shall not be obligated to pay the CITY the $30,000.00, including any applicable increase, sum where any such failure or inability to televise the Event was caused by casualties, acts of God, material shortages, war, weather, utilities blackout, water shortages, governmental regulation, strikes or labor disputes, or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits, if any. 4. Section 2.01. ORGANIZATION, Subsection (A is hereby amended as follows: J. MP for the ATP World Tour event, shall spend at least $150,000.00 annually for player appearance fees and such fees shall increase by the same percentage as the CITY's payment to MP asset forth in Section 3.01(A). In the event that MP fails to pay a fee of $150,000.00, or as it may be increased, which fee shall not include any prize money awarded, for player appearance fees in a given year, MP shall, within 30 days, refund the amount that it did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable shall endeavor to secure players the CITY and MP agree will be most beneficial for the Event MP shall provide proof of payment of the appearance fees to #ke r ;,,,,.,ahr., ds nays of the conclusion of the event; and World Tour event. Section 2.01. ORGANIZATION, Subsection (S), is hereby added as follows: Section 3.01. PAYMENTS AND REVENUE, is hereby amended as follows: 3.01 PAYMENTS AND REVENUE A. Payment to MP by the CITY for the ATP World Tour event shall be as follows: 1. $875,000.00 to MP minus $180,250.00 (previously paid by the CITY) or $694,750.00 paid in four equal installments of $173,687.50 payable November 1, 2005; December 1, 2005; January 1, 2006 and February 1, 2006. 2. $35,000.00 to MP payable on March 1, 2006 and on the first day of each month thereafter up to and including September 1, 2006. $134,750.00 to MP payable on October 1, 2006 and on the first day of each month thereafter up to and including February 1, 2007. Thereafter, the monthly base payment amounts provided above shall be increased by the percentages listed below for the applicable year of the Agreement. 3. Beginning on March 1, 2006 and continuing for 10 years the base fee shall increase by 5% each year. 4. Beginning on March 1, 2016 and continuing for 4 years the base fee shall increase by 4.5%. 5. Beginning on March 1, 2020 and continuing for 3 years the base fee shall increase by 4%. 6. Beginning on March 1, 2023 and continuing for 4 years the base fee shall increase by 3.5%. 7. Beginning on March 1, 2027 and continuing for 3 years the base fee shall Increase by 3%. B. The CITY shall retain all proceeds from Palm Beach County regarding this Event, however, excluding any proceeds from the Convention Business Bureau and excluding any funds that are a result of an application made directly by MP to Palm Beach County. The CITY shall also retain any revenue received from parking, excluding valet service offered by MP. C. Naming Rights - The CITY may sell the Naming Rights to the Tennis Stadium, Center or any other part of the facility, without the permission of MP and shall retain all proceeds from such sale. D. CITY Sponsorships - The CITY may sell 3 Diamond and 3 Emerald pursuant to Exhibit "E." Th seeds: MP shall _I ._- __.. t.. -J_-......6,...11 E Payment to MP by the CITY for the ATP Champions Tour Event shall be as follows: 1 $375,000.00 by October 1 2010 (this amount shall increase by 3% each year thereafter and shall be due on October 1 of each year) which is payment for the 2011 event. 7. Section 4.01. TERMINATION is amended by adding the following: 8. Section 4.02. DEFAULT BY MP, is hereby amended by amending Subsection (A) to provide that the language listed in Subsection (A) referring to funds v payable to the City if MP moves the Event shall not apply to the ATP Champions Tour event. 9. A new Section 4.06. RELOCATION OF THE ATP CHAMPIONS TOUR BY MP, is hereby added as follows: related to the ATP World Tour event. 10. All terms and conditions contained in the Agreement, dated October 12, 2005, between the parties will apply to the "ATP Champion Tour" event unless otherwise provided for in this Amendment. 11. The original agreement dated October 12, 2005, amendment no. 1 dated June 19, 2008 and this Amendment No. 2, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 12. This Amendment No. 2 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 the day and year first above written. 7 ATTEST: �\ ByY` • \Z �1� City Clerk Approved as to legal sufficiency and form: By: (), City Attorney MESSES: !�--am J Print Name: Susan k+'m�hns Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH MATCH POINT,,IINC. Mark S. Baron Title: tL/f14.vV� The foregoing instrument was acknowledged before me this %-7 day of jtc49 e 200q by Ma- r/C GO in as res fPirw% (name of officer or agent, title of officer or agent), of % Ah -A b1}2{4 TnC . (name of corporation acknowledging), a rh y -f a- (state or place of incorporation) corporation, on behalf of the corporation. Hef&ke is personally known to me •or--tras"—¢Rldnced ype s i en i icaion. - N4� � �Lt Public -Stale of Florida JOANNA M. WEAVER CommtssimD0750089 '� r�rFi«�a8w�otm2imn AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT INC. THIS AMENDMENT NO. 3 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (NIP) is made this day of .2011. WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement dated Oclober 12, 2005 (the Agreement) for the World Tour; and WHEREAS, the Agreement was amended on June 17, 2009 to provide for [lie "ATP Champions Tour" event at the Tennis Center; and WHEREAS, the parties wish to amend the Agreement to provide for a change in the term regarding the ATP Champions Tour, clarification regarding televising and appearance fees of the event and a reduction in the annual payment to NIP by the City for the event. NOW. THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 1.01. GRANT AND TERM, is hereby amended to provide that the start of the "ATP Champions Tour" event shall coincide with the start of the qualifying rounds of the ATP World Tour event or on the preceding Friday. The initial term of the ATP Champions Tour event shall begin upon the execution of this Amendment and conclude on March 31, 2030. 1 3. Section 1.06. CITY MARKETING SUPPORT is amended as follows Q. CITY shall also be the Co -Title Sponsor for the "ATP Champions Tour' event, as provided by Exhibit "F". The CITY may request changes to items listed in Exhibit "F" provided that MP consents to the change, which consent shall not be unreasonably withheld, and the proposed change represents a similar dollar value. If for any reason the Champions Tour E -event is not produced and televised via a highlight urogram (which, for the Champions Tour, means a production of the finals and highlights aired nationally via the Tennis Channel, or comparable cable channel, a minimum of two times and internationally via a worldwide satellite feed), MP shall pay CITY $100,000.00 (which will increase by the same percentage each year as the CITY's payment to MP as set forth in Paragraph 3.01(E)) as a refund toward lost advertising. Notwithstanding the foregoing, MP shall not be obligated to pay the CITY the $100,000.00 sum, including any applicable increase, sum where any such failure or inability to televise the Champions Tour €event via a highlight program was caused by casualties, acts of God, material shortages, war, weather, utilities blackout, water shortages, governmental regulation, strikes or labor disputes, or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits, if any. MP and the ATP Champions Tour was televised. If funds are required to be refunded to the City, they will be refunded within 60 days of the conclusion of the event. If such funds are not returned to the CITY within the 60 day period, the CITY shall have all legal remedies at law as well as the ability to withhold the amount due to the CITY from MP from future payments made to MP related to uae ATP World Tour event. 4. Section 2.01. ORGANIZATION, Subsection (J), is hereby amended as follows: J. MP, for the ATP World Tour event, shall spend at least $150,000.00 annually for player appearance fees and such fees shall increase by the same percentage as the CITY's payment to MP asset forth in Section 3.01(A). In the event that MP fails to pay a fee of $150,000.00, or as it may be Increased, which fee shall not include any prize money awarded, for player appearance fees In a given year, MP shall, within 30 days, refund the amount that it did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable shall endeavor to secure players the CITY and MP agree will be most beneficial for the Event. MP shall provide proof of payment of the appearance fees to the City within 45 days of the conclusion of the event; and 2 MP, for the ATP Champions Tour, shall spend at least $250,000.00 annually for player appearance fees and such fees shall increase by the same percentage as the CITY's payment to MP as set forth in Section 3.01(E). In the event that MP fails to pay a fee of $250,000.00, or as it may be Increased, which fee shall not include any prize money awarded, for player appearance fees in a given year, MP shall, within 30 days, refund the amount that It did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable shall endeavor to secure players the CITY and MP agree will be most beneficial for the Event MP shall provide proof of payment of the appearance fees to the City within 45 days of the conclusion of the event; and If the total amount of annearance fees paid by MP exceed the amounts recut fired above for both events MP shall not be required to refund any amount to the CITY. The provision shall apply retroactively to the 2010 and 2011 Events. If funds are required to be refunded to the City, they will be refunded within 30 days of the conclusion of the event. if such funds are not returned to the CITY within the 30 day period, the CITY shall have all legal remedies at law as well as the ability to withhold the amount due to the CITY from MP from future payments made to MP related to the ATR World Tour eEvent. 5. Section 3,01. PAYMENTS AND REVENUE, is hereby amended as follows: 3.01 PAYMENTS AND REVENUE E. Payment to MP by the CITY for the ATP Champions Tour Event shall be as follows: 1, $3-75;000:00—by—October--1 20-40 $3350,000 by October 1, 2011, (this amount shall increase by 3% each year thereafter and shall be due on October 1 of each year) which Is payment for the 244 2012 event. 2. $93,750.00 by January 15, 2011, (this is Y, of $375,000.00 and shall be paid over 4 years, three other payments of $93,750.00 shall be made on January '15 for the 3 following years), which is payment for the 2010 event. L Section 4.01. TERMINATION is hereby amended by deleting Section 3 7, Section 4.02. DEFAULT BY MP is hereby amended to provide that this Section shall apply to the ATP Champions Tour event and is further amended as follows: 4.02. DEFAULT BY MP. A. The following shall constitute default by MP: (i) failure to perform any of the non-financial terms and conditions of this Agreement, when such failure in performance Is not remedied by MP within thirty (30) days after receiving notice in writing of such default or In cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice In writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY; (ti) failure to field an Event, unless such failure is waived by the City or except for any force majeuro, shall result in an automatic termination and notice shall not be provided; (iii) failure of MP to own the ATP sanction or fails to.have the right to hold the Event when failure is not a result of any voluntary act or inaction by MP; (iv) bond [Imitation is exceeded pursuant to paragraph 5.11. Upon the occurrence of these events the City may declare that this agreement be terminated and in such event MP shall in addition to the requirements set forth in this Agreement, and any other remedy the CITY may have at law or equity, shall refund all monies paid by the CITY for the period after the Event last held and up to the date of the anticipated Event. As a further remedy that the CITY. shall have In the case of a default, under items (t), (it) or (iii), by MP and where the Evert ATP World Tour is moved from the CITY within a 2 year period of such default, the CiTY shall be entitled to a fee of five million dollars if the default occurs during the first five years of the Agreement; the CITY shall be entitled to four million dollars if the default occurs during years six through ten; the CITY shall be entitled to three million dollars if the default occurs during years eleven through fifteen; the CiTY shall be entitled to two million dollars if the default occurs during years sixteen through twenty; and the CITY shall be entitled to one million dollars if the default occurs after year I twenty. Also. as a further remedy that the CITY shall have in the case of a default. under Items (i) (ti) or (iii) by MP and where the ATP Champions Tour is moved from the million dollars. These amounts are in addition to the refund of the funds that the CITY would receive based upon Its payments to MP from the date of the last Event up to the date of default. 4 BC. Notwithstanding anything to the contrary contained herein, this Section 4.02 shall nat apply and MP shall not be in default of this Agreement where MP's failure or inability to perform was caused by casualties, acts of God, material shortages, war, weather, water shortages, utilities blackout, governmental regulation, strikes or labor disputes or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits. Furthermore^a Fdefa h!a P�j �Af Fvent�fforin sexamolo ion Oif U e 8. Section 4.06, gELOCATION OF THE ATP CHAMPIONS TOUR BY MP, Is hereby deleted in its entirely. 9, The original agreement dated October 12, 2005, Amendment No. 1 dated June 19, 2008 , Amendment No. 2 dated June 17, 2009 and this Amendment No. 3, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 10. This Amendment No. 3 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 the day and year first above written. t\ ATEST' sy. City Clerk 5 CIT`t'OF biELRAY BE*CH, Nelson S. McDuffie, Approved as to legal sufficiency and form: By: City Attorney Attorney MATCH POINT, INC. Mar ar Title:{%Z/"I.��, – STATE OF FLORIDA COUNTY OF PALM BEACH A The foregoing instrument was acknowledged before me this day of TJ'n l 2011, by r / aeon — as �'reSi d C a i (name of officer or agent, title of officer or agenl), of i7 RG� (name of corporation acknowledging),a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me �r +gas predtieed (type-eHdentifieatiott)-as td-nttitcaTion. Not4Pu– State of FI a °�'hfti �arn� X15 r,i; QDfS t�1 22,_20 .a 5i1 6 AMENDMENT NO.4 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC. THIS AMENDMENT NO. 4 to the Amended and Restated Agreement between the qITY OF DELLR`AY� BEACH (CITY) and MATCH POINT, INC. (MP) is made this X day of 2012. WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement dated October 12, 2005 (the Agreement); and and WHEREAS, MP provides an 'ATP Champions Tour" event at the Tennis Center; WHEREAS, the parties wish to amend the Agreement to allow for a change in the required number of players for the "ATP Champions Tour" event. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: herein. 1. The recitations set forth above are hereby incorporated as if fully set forth 2. Section 2.01. ORGANIZATION, Subsection (S), is hereby amended as follows: S. The standards of the ATP Champions Tour shall apply to this Agreement regarding the quality of the players and the format of the play. There will be a minimum of 8 players to participate in the ATPChampions Tour event and 6 of the 8 players must meet one of the following criteria: (1) must have been ranked no. 1 in the world, (2) champion or finalist of a grand slam event, (3) must have been a participating member of a Davis Cup team that won the Davis Cup for a particular year; or (4) must have achieved "marquee" status." MP shall provide a list of the proposed players to the CITY at least 2 months prior to the event. However, for the 2013 Champions Tour Event, MP 1 3. All terms and conditions contained in the Agreement, dated October 12, 2005, between the parties, and any amendments thereto, will apply to the "ATP Champion Tour' event unless otherwise provided for in this Amendment. 4. The original agreement dated October 12, 2005, Amendment No. 1 dated June 19, 2008, Amendment No. 2 dated June 17, 2009, Amendment No. 3 dated May 10, 2011 and this Amendment No. 4, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 5. This Amendment No. 4 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 the day and year first above written. ATTEST: (� �, \ p By:T'+, uJ \�Jy City Clerk Approved as to legal sufficiency and form: By: I City Attorney WITNESSES: % nAn A min dD Pnnt Name: SLLS Ct!! Ki m rn tl C JJoanna i �2u V`« 2 CITY OF DELRAY By: 31 Vl Nelson S. N MATCH POINT, INC. By� Mark S. Baron Title: Print Name: M A & S Baron STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 10 day of 0c-hDber , 200z, by M gr- k S Bct,e n as Presid en `i __ (name of officer or agent, title of officer or agent), of nn. 4cL Por,,+ Tnc • (name of corporation acknowledging), a F%ori d0.- (state or place of incorporation) corporation, on behalf of the corporation. Her$hs is personally known to me oF— has—' ed - - I Icaton as Ien I kation. syr �,z NotaryL-220 lic — State londa wm__ EINGLESEn # DD 995516ly 22, 2014YvSnl�earne80Wb5d�fe k] AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC. THIS AMENDMENT NO. 5 to the Amended and Restated Agreement between \the CITY OF DELR\AY BEACH (CITY) and MATCH POINT, INC. (MP) is made this y� ay of%tS2 12013. WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement dated October 12, 2005 (the Agreement); and and WHEREAS, MP provides an "ATP Champions Tour' event at the Tennis Center; WHEREAS, the parties wish to amend the Agreement to allow for a change in the required number of players for the "ATP Champions Tour" event as well as the qualifications of some of the players. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: herein. 1. The recitations set forth above are hereby incorporated as if fully set forth 2. Section 2.01. ORGANIZATION, Subsection (S), is hereby amended as follows: S. The standards of the ATP Champions Tour shall apply to this Agreement regarding the quality of the players and the format of the play. There will be a minimum of 8 players to participate in the ATP Champions Tour event and 6 of the 8 players must meet one of the following criteria: (1) must have been ranked no. 1 in the world, (2) champion or finalist of a grand slam event, (3) must have been a participating member of a Davis Cup team that won the Davis Cup for a particular year; or (4) must have achieved "marquee" status." MP shall provide a list of the proposed players to the CITY at least 2 months prior to the event. However, for the 2014 Champions Tour Event 3. All terms and conditions contained in the Agreement, dated October 12, 2005, between the parties, and any amendments thereto, will apply to the "ATP Champion Tour" event unless otherwise provided for in this Amendment. 4. The original agreement dated October 12, 2005, Amendment No. 1 dated June 19, 2008, Amendment No. 2 dated June 17, 2009, Amendment No. 3 dated May 10, 2011, Amendment No. 4 dated October 22, 2012 and this Amendment No. 5, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 5. This Amendment No. 5 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 the day and year first above written. ATTEST: By City Clerk Approved as to legal sufficiency and form: By. -- City Attorney 2 CITY OF pEt"Y BEACH, FLORIDA rVWNd: WITNESSES: STATE OF FLORIDA I MATCH POINT, INC. By. Mark S. Baro Title: COUNTY OF PALM BEACH L The foregoing instrument was acknowledged before me this I day of Se r24-c,g her2011-1, by Li L SePL2/-, as r�nSr dQn (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She- is personally known to me er--has--pforduced Notary Public — State off lorida CATHERINE iNGLESE I% Commission # DD 995516 �. I Expires July 22, 2614 ?„ waNasjLiiy 2,20.wweaio5 3 City of Delray Beach Proposal Submittal Signature Page By signing this Proposal/Bid, the Proposer/Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: 7H-fe. slaw✓ Tif #'GZV'z4 10VC. I so fl.&VZ P m PAO Name and Title 5 -Tib -co, Date jD.9' K.jls-C!taj `4 lin i ( lid G. �4-ima jzt, 3 31 't 2 ,165-ciy I SS -0Liq 539 By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THE EXECUTION OF THIS CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAUBID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAUBID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL/BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL/BID. Bid 2016-051 12/11/2015 6:45 AM p. 24 D.A.K. Statement of Organization: D.A.K. Security Agency, Inc. An Event Security Industry Leader. A Complete Entertainment Services Provider. D.A.K. Security Agency, Inc. is an acknowledged leader in South Florida concert, sports, entertainment, movie and tv production, trade show and large festival security logistics, management and staffing. D.A.K.'s expertise includes pre and post event security planning and logistics, professional parking and valet, alcohol and beverage management, and VIP/Executive/Celebrity security staffing and logistics. All D.A.K. employees complete mandatory training and licensing at D.A.K.'s Florida State Licensed Security Training Facility, and once hired, are held to the strictest employee performance and conduct policies in the industry. D.A.K.'s client list includes major national and regional event promoters, as well as the top public, private and municipal event venues throughout South Florida. A snapshot of D.A.K.'s comprehensive entertainment security services includes: Pre and Post Event Security planning, budgeting and logistics. Patron drug and alcohol screening. Ticket Taking, Ushering, V.I.P./Suite Staffing V.I.P./Executive/Celebrity escort logistics and staffing Equipment and staging security. Backstage security and Barricade security. Pre/post-event vendor load-in/out vehicles General Admission Parking management, staffing and logistics Professional Valet Parking management and staffing D.A.K. Security Agency, Inc. is fully bonded, and, maintains a premium insurance rating. For more information about D.A.K., visit us online at www.dakcompanies.com D.A.K. Statement of Qualifications: D.A.K. Security Agency, Inc. Qualifications Incorporated in 1993• Company President: Robert P. Middlebrook Year incorporated: 1993 (Employees: ego+ IDB category: 1-10 million Florida B Security Agency License B9300109 Florida Dept. of State Security School License DS200034 DAK. provides the most comprehensive event security solutions in South Florida to concert producers, movie and tv productions, college and professional sports teams and large festivals. The following is just a partial list: Musical Acts: range from Bob Dylan to Paul McCartney, Stevie Wonder, Aerosmith, Elvis Costello, Steely Dan, B.B. 'ng and many more. Celebrity Security: from Paul McCartney to Brian Wilson, Ringo Starr, Jennifer Lopez, Kelly Preston, Marc Anthony, George Clooney, Johnny Depp, Robin Williams, Harrison Ford, Rafael Nadal and many more. Executive Team: include Hard Rock Live, Hotel Karu and Y, Foutainbleau, Ritz Carlton, Billboard Live, more. Events: range from New Year's Eve at Bayfront Park and Miami Beach to Fashion Week of the Americas and Music Conference (ULTRA). Sports: Delray Tennis Tournament 2014; Lipton International Tennis Tournament 1988-89; Miami C 2007-11; Strikers 2011 -Present rm: nclude The Sopranos, CSI Miami, Man vs Food (Live), B.E.T. Awards and the Latin Billboard Awards. include True Lies, Bird Cage, and There's Something About Mary. EVENT SECURITY DELRAY BEACH OPEN Agency/Company i `( �'F ri( 61,K,44H Of.L AH �Dtkt �Zdcy Address t7P �a O wa A v City, State, Zi q (.).1�� " c ' rij Contact Person �c��/ - / 5 0 -t /�' - Cr 13 VT(=E 330 ^ U f Telephone Dates of Service Type of Service c -cjtKi7t Comments: L U vy ! S C� Agency/Company Y j L 6, Et, i c, K i;4z Address -,*, 1350 bw, a s- y nA T City, State, Zi �,J v Q i 1 Contact Person .564--y7Iviv V �' � + C7 " �� l V11 K ; 0 v ii' — %J i i j'Vi � Gia L- , P J j1 — Tele hone Dates of Service T e of Service T 1 L411 -r ' -PG A itt ria S 3 C C E3'(1i �' it d Comments G A p vj 0 A enc /Com any L V i^ f'/J TI c% Address W 4-s rt�,v 17 4 .+ vf,-. Cit , State, Zi rn ' AMI 134;,f ,11 FL, 3211 - Contact Person G Al EL 4- It I C U EA Telephone -- A t7 0 — LF4-2-0 Dates of Service zoo p ;12 $ i?.V Type of Semice F'GrfLl[OL Comments: C/U t4 Q j % J . J U U Vendor: City of Delray Beach Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.) for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: 1 P77 Fir ame Signa vre Dan i P. 1n 109"4 0o6, n e n v/;7? g5i49apr Name and Title 15717 SIS Date Bid 2016-051 12/11/2015 6:45 AM p. 25 City of Delray Beach Drug -Free Worrkpp ace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. 10+9- SiPcoW-i ft�gwcl WC, Firm e Signature 00"T A MIf)9rLR9ftZh C6I,7y_irasrea4r Name and Title Date Bid 2016.051 12/11/2016 6:45 AM p. 26 City of Delray Beach Conflict of Interest Madosure Form The award of this RFP/Bid is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Proposers/Bidders must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers/Bidders must disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest in the Proposers/Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this RFP/Bid. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: $To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 12, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. El The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: �.J3�-df-Sv��unlT°] di-G2z�,r�Y /IV G. F'��am Signature 14913 -AT P, M 1 Q 0 rra 130)J K 'cAd MAJ16. lyr- Name and Title 1l- )1/14 J 5 Date Bid 2016-051 12/11/2015 6:45 AM p, 27 City of Delray Beach Acknowledgment of Addenda Bid 2016-051 The Proposer/Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP/Bid. The Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME OF AGENT TITLE OF AGENT SIGNATURE OF AGENJ 044ono,N 7777 7— 1 I— F— I I I-- — F— I F- r�-- 12/11 /2015 6:45 AM p 28 City of Delray Beach Form 6 Schedule of Pricing Bid 2016-051 Delray Beach Open (Security) A. COST PROPOSAL "ATTACHMENT A" Schedule Additional Guards $ , a d per hour Comments: 1 I iwwa 1 ice/ / s � l/ ,.. ♦ �/ ri F Bid 2016-051 B. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? ❑ Yes % No C. BID INFORMATION WAS OBTAINED FROM: Bid 2016-051 ❑ DemandStar ❑ Newspaper Ad ❑ Other, please specify: ❑ BidSync (X City Hall Delray Beach Open (Security) K 12/11/2015 6:45 AM P. 9 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 MONDAY, FEBRUARY 08, 2016 Bid 2016-051 POST #OF Guard #OFBAG BAG CHECKERS Bag Checker #OF SUPERVISOR Supervisor Rate DECRIPTION HOURS GUARDS GUARD HOURS Rare Hour CHECKERS HOURS Rate Per Hour SUPERVISORS HOURS Per Hour North Gate/TC 7.00 am -7:00 pm1 GUARDS 12 $ 'Per 7-b; CHECKERS HOURS Rare Per Hour SUPERVISORS HOURS Per Hour Overnight 7:00 pm -7:00 am 1 12 $ y $ TOTAL: 2 24 It+J Overnight TOTAL: 2 24 $ �,)t TUESDAY, FEBRUARY 09, 2016 WEDNESDAY, FEBRUARY 10, 2016 BAG BAG # OF Guard # OF BAG CHECKERS Bag Checker POST SUPERVISOR Supervisor Rate #OF GUARDS GUARD HOURS Rate)Per Hour Guard #OFBAG CHECKERS Bag Checker #OF I SUPERVISOR Supervisor Rate DECRIPTION HOURS GUARDS GUARD HOURS Rare Per Hour CHECKERS HOURS Rare Per Hour SUPERVISORS HOURS Per Hour North Gate / TO 7:00 am - 700 pm 1 12 Is t ) $ TOTAL: 2 24 It+J Overnight 7.00 pm - 7.00 am 1 12 Is TOTAL: 2 24 Is Lio v , ,. , WEDNESDAY, FEBRUARY 10, 2016 Page 5 12/11/2015 6'.45 AM F . 10 BAG POST # OF Guard # OF BAG CHECKERS Bag Checker # OF SUPERVISOR Supervisor Rate DECRIPTION HOURS GUARDS GUARD HOURS Rate)Per Hour CHECKERS HOURS Rate Per Hour SUPERVISORS HOURS Per Hour North Gate/TC 7'.00 am -7:00 pm 1 1 12 Is $ Ovami ht 7:00 pm -7'00 am 1 12 $ .+/ $ TOTAL: 2 24 It+J $ Page 5 12/11/2015 6'.45 AM F . 10 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 06, 2016 - February 22, 2016 1! U, JC. U. t2fI iii i THURSDAY, FEBRUARY 11, 2016 Bid 2016-051 FRIDAY, FEBRUARY 12, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour BAG BAG CHECKERS Bag Checker HOURS Rate Per Hour POST North Gate I TO #OF 1 Guard #OF BAG CHECKERS Bag Checker #OF SUPERVISOR Supervisor Rate DECRIPTION HOURS GUARDS GUARD HOURS Rale^Per Hour CHECKERS HOURS Rate Per Hour SUPERVISORS HOURS Per Hour North Gate/TC 7:00 am -7:00 pm 1 12 $ T -+J 1 6 Overnight 7:00 pm -7:00 am S. Stadium Gate 5:00 pm - 11:00 pm 1 6 TOTAL: 2 24 NW Entrance 1 1:00 pm -1100 pm FRIDAY, FEBRUARY 12, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS Bag Checker HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate I TO 1:00 on -11:00 pm 1 10 $ S. W Gate / CH 1:00 on - 11:00 pm 1 10 $ N. Sladuim Gate 5:00 pm - 11:00 pm 1 6 $ S. Stadium Gate 5:00 pm - 11:00 pm 1 6 $ q NW Entrance 1 1:00 pm -1100 pm 1 10 Is I, Main Gate 12:00 pm -12:01 am 1 12 $ Gym W Entrance 12:00 pm -12:01 am 1 12 $ 1 E. Comm. Center 12:00 pm -12.01 am 1 12 $ S. Comm. Center 12:00 pm -12:01 am 1 12 i !,11 Medical 1:00 pm -11:00 pm 1 10 11. $ t Gym 1'.00 pm -11'.W pm 1 10 Locker Room 1'.00 pm -11'.00 pm 2 20 Overnight 11:00 pm -7.00 am1 8 $ Relief 1'00 pm -8:00 pm 1 7 Is 11, I, Supervisor 4.00 pm -1100 pm ago 1 7 $ 1 211112 01 5 6: 45 AM p 11 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 SATURDAY, FEBRUARY 13, 2016 Bid 2016-051 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate/TC 8:00 am -11:00 pm 1 15 $ rt S.W Gate/CH 8:00 am -11:00 pm 1 15 $y n N. Staduim Gate 1190 AM -10:00 PM 1 11 $ , S-Staduim Geta 1190AM-1090PM 1 11 $1 NW Ply Entrance 1 8:00 am -11:00 pm 1 1 15 $ Main Gate B:00 am -11:00 m 1 1 15 is Gym W Entrance 6:00 am - 11:0) pm 1 15 n $ ' E. Comm. Center 8:00 am -1100 pm 1 15 $� S. Comm. Center 8:00 am -12:01 am 1 16 $ Medical 8:00 am -11:00 pm 1 15 $ Gym 6:00 am -11:00 prn 1 15 $ t Locker Room 8:00 am -11:00 pm 2 30 $ Overnight 11:00 pm - 890 am 1 9 $ 1 Relief 8:00am-890pm 2 24 $^ q Supervisor 800 am -1201 am 1 16 $ Bag Checker 10:00 am -930 pm TOTAL: aas�18 221 is MIT", .y 2 2 23 23 $ E. $ J E 1 _ 16 S. 12/11/2015 6:45 AM F. 12 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 SUNDAY, FEBRUARY 14, 2016 Bid 2016-051 P BAG POST #OF Guard OOFBAG CHECKERS Bag Checker #OF SUPERVISOR Supervisor Rate DECRIPTION HOURS GUARDS GUARD HOURS Rate Per Hour CHECKERS HOURS Rate Per Hour SUPERVISORS HOURS Per Hour North Gate I TC 8:00 am -1100 on 1 15 $ �. �a S.W. Gate I CH 8.00 am -11:00 pm 1 15 $ „ N. Staduim Gate 11:00 am - 5'00 pm 1 6 $ S. Staduim Gale 11:00am-5:00pm 1 6 $ y�... NW Ply Entrance 8'00 am -11'.00 pm 1 15 $ Main Gate 8'00 am -11.00 pm 1 15 $ '1 Ij Gym WErdnh. 800 am -11.00 pm 1 15 $ E Comm. Center 800 am -11'.00 pm 1 15 $ ,p S. Comm. Center 8:00 am - 12'.01 am 1 16 $ . dT Medical 800.m -11:W pm 1 15 $ Gym 8:00 am - II Mpm 1 15 $ /.. Locker Room 8:00 am -11:00 pm 2 30 1$-13.11 1 Overnight 11'00 pm - 8:00 am 1 9 $ Rel,.l 8:00 am - 8.00 pm 2 1 24 $ P I ria1 ji��Jd 8.00 am -12'.01 am 11:00 am - 4'.00 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 f f•)•iif �kflSiRawO � i�iGl MONDAY, FEBRUARY 15, 2016 Bid 2016-051 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guartl Rale Per Hour # OF BAG CHECKERS SAG CHECKERS Sag Checker HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate I TC 8:00 am -11:'.00 pm 1 15 $ J 5 W Gate I CH 8:00 am -11'.00 pm 1 15 $ N. Stadium Gate 10:Mam-11:00pm 1 13 $ S. Stadium Gate 10:00 am -1100 pm 1 13 $ NW Ply Entrance 1 8'.00 am -11'.00 pm 1 15 $ Main Gate 8'.00 am -1100 pm 1 15 $ Gym W Entrance 8'.00 am -11'.00 pm 1 15 $ E. Comm. Center 8:00 am - 11'.00 pm 1 15 $ S. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 800 am - 1201 am 1 15 Gym 8:00SM-11:00pm 1 15 $ Locker Room 8:00 am - 11 BIDpm 2 30 $ l Overnight 1100 pm-B:CO am 1 9 $ 14. �l a0e 1211112015 6:45 AM p. 14 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 Z Jlr Lilt �I i�1's � Bid 20164351 Relief 8:00 am -8:00 pm 2 24 $ 1 .+ ✓ #OF GUARDS GUARD HOURS Supervisor 8:00 am -12:01 am ftOFBAG CHECKERS BAG CHECKERS Bag Checker HOURS Rate Per Hour 1 16 $ ✓a Bag Checker 10'.00 am - 9:30 pm 800 am -1100 pm c 2 23 is ✓ 15 TOTAL 16 1 226 $ j � 5,. 2 1 23 Is ,$ 1 16 $ r TUESDAY, FEBRUARY 16,2016 POST DECRIP nON HOURS #OF GUARDS GUARD HOURS Guard Rate Per Hour ftOFBAG CHECKERS BAG CHECKERS Bag Checker HOURS Rate Per Hour NOF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate f TC 800 am -1100 pm 1 15 $ S.WGateICH 8000m-11'.00pm 1 15 $ N. Stadium Gate 10.00 am - 11.00 pm 1 13 $ 5. Stadium Gate 10:00 am - 11'.00 pm 1 13 $ NW Ply Entrance 8:00 am - 11:00 pm 1 15 $ Main Gate 8:00 am - 11'.00 pm 1 15 $ Gym W Entrance 18:00 am - 11'00 pm 1 15 is E. Comm. Center 8:00 am -11:00 pm 1 15 $ S. Comm. Center 8:00 am - 12.01 am 1 16 $ J, Medical 8.00 am - 1100 pm 115 $ rage Gym 8.00 am - 11:00 pm 1 15 $ Locker Room 8:00 am - 11:00 pm 2 30 $ -, Ovemight 11:00 pm -8'.00 am 1 9 $ 12/1112015 6:45 AM Pr 15 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 Bid 2016-051 Relief 8:00 am - 8:00 pm 2 24 $ I +0 NOF GUARDS GUARD HOURS Supervisor 8:00 am -12:01 am NOF BAG CHECKERS BAG CHECKERS Bag Checker HOURS Rate Per Hour 1 16 $� Bag Checker 10:00 am - 9.30 pm 800 am -11::00 pm 2 23 $ ) 15 TOTAL 16 1 225 IS 3 2 1 23 is 7 H. S (/ 1 18 $..� WEDNESDAY. FEBRUARY 17. 2016 POST DECRIPTION HOURS NOF GUARDS GUARD HOURS Guard Rate Per Hour NOF BAG CHECKERS BAG CHECKERS Bag Checker HOURS Rate Per Hour NOF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour NOUN Cate / TC 800 am -11::00 pm 1 15 N. Stadium Gate 10.00 am -11:00 pm 1 13 $ S. Stadium Gate 10.00 am - 11'.00 pm 1 13 $ S Gate/CH 8:00 am -11:00 pm 1 15 $ NW Ply Entrance 8:00 am - 11:00 pm 1 15 $ 1 Main Gate 8:00 am - 11:00 pm 1 15 $ ' Gym W Entrance 8:00 am - 11:00 pm 1 15 E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 5. Comm. Center B:00 am - 1201 am 1 16 $}, 00 age 11 12/1112015 6:45 AM p. 16 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 SJ[�°HJRDJU1t E� Bid 2016-051 Medical 8.00 am - 1100 pm 1 15 is BAG # OF BAG CHECKERS Bag Checker CHECKERS HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate I TC 8:00 am -11 00 pm 1 Gym 8:00 am -11W pm 1 15 $ 10:00 am -11:00 pm 1 13 $ _ n Locker Room 8:00 am - 11:00 pm 2 30 $ $ S.W Gate I CH 8'00 am -11:00 pm OvemigM 11:00 pm - B.W am 1 9 $ NW Ply Entrance 8:00 am -11:00 pm 1 15 $ �• Relief 8:00 am - 8.00 can 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ ) _ Bag Checker 10:00 am - 9'.30 pm 2 23 $ S TOTAL 16 225 $ s> 2 1 23 $ 1 16 THURSDAY, FEBRUARY 18, 2016 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour BAG # OF BAG CHECKERS Bag Checker CHECKERS HOURS Rate Per Hour # OF SUPERVISOR Supervisor Rate SUPERVISORS HOURS Per Hour North Gate I TC 8:00 am -11 00 pm 1 15 $ N. Stadium Gate 10:00 am -11:00 pm 1 13 $ _ n $. Stadium Gate 10:00 am - 11:00 pm 1 13 $ S.W Gate I CH 8'00 am -11:00 pm 1 15 $ NW Ply Entrance 8:00 am -11:00 pm 1 15 $ �• 1211112015 5'.45 AM p. 17 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 Bid 2016-051 Main Gate 8'.00 am -11:00 pm 1 15 $ - , a CHECKERS HOURS Bag Checker Rate Per Hour W Gym Entrance E. Comm. Center 800 am -11 Wpm 800 am -11'.00 pm 1 1 15 15 $ $ 14. '7 Is a e 13 S. Comm. Center 8:00 am -12'.01 am 1 16 $ Medical 8:00 am -11:00 pm 1 15 $ ' Gym 8.00 am -11:00 pm 1 15 $ Locker Room 8.00 am - 1'v 00 pm 2 30 $ Ovemight 11:00 pm -890 am 1 9 $ Relief 8'00 am - &Wpm 2 24 $ Supervisor 800 am - 12.01 am t 1 16 $ I'1 a'J Bag Checker 10:00 am - 9:30 pm TOTAL 16 225 $ tt11 Y I .l 2 23 Is 6 3 2 1 23 $ 11 1 1 1 16 s FRIDAY, FEBRUARY 19, 2016 POST DECRIPTION HOURS #OF GUARDS GUARD HOURS Guard Rate Per Hour #OFBAG CHECKERS CHECKERS HOURS Bag Checker Rate Per Hour #OF SUPERVISOR SUPERVISORS HOURS Supervisor Rate Per Hour North Gate / TC N. Stadium Gate 8:00 am - 1100 pm rm 1 1 15 13 Is a e 13 10.00 - 11'00 pm s 1 21111201 5 6'.45 AM p. 18 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 Bid 2016-051 5. Stadium Gate 10:00 am - 1100 pm 1 13 $ S Gate I CH 800am-11 Wpm 1 15 $ sa NW Ply Entrance 8:00 am - 11:00 pm 1 15 $ Main Gate 8.00 am - 11:00 pm 1 15 $ - Gym W Entrance 8.00 am - 11:00 pm 1 15 8 _ E. Comm. Center 8:00 am - 11:00 pm 1 15 $ 5. Comm. Center 8:00 am - 12:01 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 800 am - 11:00 pm 1 15 $ Locker Room 1 8:00 am - 11.00 pm 1 1 2 30 $ Overnight 11:00 pm -8:00 am 1 9 $ Relief 8.00 am -8 '.00 pm 2 24 $ Supervisor 8:00 am - 12:01 am 1 16 $ Bag Checker 10.00 am - 9.30 pm 2 23 Is TOTAL 16 226 S .. �j y 2 23 $ o If. s� SATURDAY, FEBRUARY 20, 2016 Page 14 12/1112015 6:45 AM p. 19 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 Bid 2016-051 POST DECRIPTION HOURS MOF GUARDS GUARD HOURS Guard Rate Per Hour MOF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour #OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate I TC 8.00 am -11:00 pm 1 15 $ IT 3 N. Stadium Gate 1200 pm - 1100 pm 1 11 $ t n S. Stadium Gale 1290 pm - 11:00 pm 1 11 $ S WGate /CH 8:00am-11:wpm 1 15 $ NW Ply Entrance 8:00 am - 1100 on 1 15 $ Main Gate 8:00 am -1100 pm 1 15 $ Gym W Entrance 800 am - 11:00 pm 1 15 $ E. Comm. Center 8:00 am - 11'.00 pm 1 15 $ S. Comm. Center 800 am - 1201 am 1 16 $ Medical 8:00 am - 11:00 pm 1 15 $ Gym 8:00 am -11:00 pm 1 15 $ Locker Room 8:00 am - 11'.00 pm 2 30 $ Overnight 11:00 pm - 8:00 am 1 9 $ Hi's Relief B:00 am - 8:00 pm 2 24 $, Supervisor 8:00 am - 12:01 am i 1 16 $ Bag Checker 12:00 pm - 9.30 pm 1 $ TOTAL 16 221 Is s 1 j. S 1 1 1 16 s q a✓ Page 15 1 21111201 5 6:45 AM p. 20 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 SUNDAY, FEBRUARY 21, 2016 Bid 2016-051 POST DECRIPTION HOURS # OF GUARDS GUARD HOURS Guard Rate Per Hour # OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rate Per Hour # OF SUPERVISORS SUPERVISOR HOURS Supervisor Rate Per Hour North Gate / TC 8'.00 am - 11:00 or 1 15 $ N. Stadium Gate 12:00 pm -6:00 pm 1 6 $ S. Stadium Gate 1200 pm - 600 pm 1 6 $ ;} e S.WGate/CH 8:00 am -5:00 pm 1 9 g NW Ply Entrance 8:00 am -5'.00 pm 1 9 $ Main Gate 8:00 am - 5'.00 pm 1 9 $ Gym W Entrance 1 8:00 am - 5'.00 pm —.M5 1 9 is E. Comm. Center FBw 00 pm 1 9 Is S. Comm. Center 8.00 am - 6.00 pm 1 10 $ t Medical 800am-500 pm 1 9 $ _ Gym 800 am - 500 pm 1 9 $ Locker Roam 8:00 am - 6:00 It. 2 20 $ - t Ovemlght 11:00pm-7.00am 1 8 Relief 8.00 am - 8.00 pm 2 24 $ Supervisor 8.00 am -6:00 pm 1 10 Bag Checker 12.00 pm 4:00 pm 2 8 $ 6 TOTAL 18 152 $ - J r� �y 2 8 )i $ p a 1 102 Page 16 12/11/2015 6:45 AM p. 21 City of Delray Beach QUOTE NO. 2026 SECURITY PRICING PROPOSAL Delray Beach Open by The Venetian Las Vegas February 08, 2016 - February 22, 2016 MONDAY, FEBRUARY 22, 2016 BM 2016-051 POST DECRIPTION HOURS #OF GUARDS GUARD HOURS Guard Rate Per Hour #OF BAG CHECKERS BAG CHECKERS HOURS Bag Checker Rale Per Hour #OF SUPERVISOR SUPERVISORS HOURS Supervisor Rate Per Hour North Gate/TC 7:00 am -7 0 pm 1 12 $ Roving 7:00 am - 5:00 pm 1 • r. Z7 '7.;, _ _. TOTAL: 2 22 $- r GRAND TOTALS1 1 169 1 2193 1$33,,234.; 11 20 1 183 $ 301,4 So I 1 10 1 145 $ Vendor Name: P AA 5 fJ I`ll i riKJia & Page 17 12/11/2015 6:45 AM p. 22 City of Delray Beach 12/11/2015 6:45 AM Bid 2016-051 p. 23 j *> <§ / \ { \ \ \ % / / @ / \ » z 'Q o \\ \ / >R ~ )\ K= / > / \ 7 / \ o \ § \ \ �r$ / m@0 > tzi > » § - &2\\ x 2 m @ C)De§� m. \ 3 /®@�� g c 4 a \ \ § K § 2 \ \ \ f } / \ /W C \% \� §7 Travelers Casualty and Surety Company of America Hartford, Connecticut (A Stock Insurance Company, herein called the Company) wrap '4- CRIME ITEM 1 NAMED INSURED: D.A.K. SECURITY AGENCY INC. D/B/A: Principal Address: 676 NW 34TH STREET MIAMI, FL 33127 ITEM 2 POLICY PERIOD: Inception Date: October 20, 2015 Expiration Date: October 20, 2018 12:01 A.M. standard time both dates at the Principal Address stated in ITEM 1. ITEM 3 ALL NOTICES OF CLAIM OR LOSS MUST BE SENT TO THE COMPANY BY EMAIL, FACSIMILE, OR MAIL AS SET FORTH BELOW: Email: BSiclaims@travelers.com FAX:(888) 460-6622 Mail:Travelers Bond & Specialty Insurance Claim 385 Washington St. — Mail Code 9275-NB03F St Paul, MN 55102 ITEM 4 COVERAGE INCLUDED AS OF THE INCEPTION DATE IN ITEM 2: Crime CRI -2001 Ed. 01-09 Printed in U.S.A. Page 1 of 4 ©2009 The Travelers Companies, Inc. All Rights Reserved DAKSE-1 OP ID: CM 4�� CERTIFICATE OF LIABILITY INSURANCE DATE(M 12/2812015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wilson, Washburn and Forster 16505 N.W. 13th Avenue Miami, FL 33169-5719 Sarah J. Washburn Cartora CONTACTSarah J. Washburn Cartora PHONE305-666-6636 FAX VC No E#: ac No: 305-662-7778 E-MAIL swashburn Ins.com ADDRESS: INSURERS AFFORDING COVERAGE NAICO 10120/2015 INSURER A: Everest Indemnity Insurance Co EACH OCCURRENCE $ 1,000,00 INSURED DAK Security Agency, Inc. 2666A NW 21st Terrace Miami, FL 33142 INSURER B: Massachusetts Bay Insurance Co 22306 INSURERC:Atlantic Specialty Ins Co. INSURER D: GENT AGGREGATE LIMIT APPLIES PER: X POLICY a PET_ LOC OTHER: INSURER E: PRODUCTS -COMPIOPAGG $ 1,000,00 INSURER F : IS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE LTR OF INSURANCE YIVD POLICY NUMBER POLICY EFF MWD POLICY EXP MWD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE T OCCUR SIGL1005131-151 10120/2015 10/20/2016 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 50,00 MED EXP (Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,0 GENT AGGREGATE LIMIT APPLIES PER: X POLICY a PET_ LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS -COMPIOPAGG $ 1,000,00 $ IS AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS ADJ 970728403 10/1312015 10/1312016 CEaOMBINED SINGLE LIMIT ecddent $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE $ Per accident $ AEXCESS X UMBRELLA LIAR LIAS OCCUR CLAIMS -MADE I 51EO01215-151 10120/2015 10/20/2016 EACH OCCURRENCE $ 9,000,00 AGGREGATE $ 9,000,00 DED RETENTION$ I$ C WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERMEMSER EXCLUDED? F—] (MarWMory in NH) I(yes, desaibe unser DESCRIPTION OF OPERATIONS below N/A BSJH26623 1211812015 12/16/2016 PE H- STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEABE-EA EMPLOYE E E.L. DISEASE- POLICY LIMIT $ C Marine Employers Liability BSJH26623 12/18/2015 12118/2016 Employee 1,000,00 Accident 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddMonal Remarks Schedule, may be attacher) X more space Is required) DAKSECU DAK Security Agency, Inc. Proof of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A4144� © 1988-2014 ACORD CORPORATION. All rinhrc ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD If you are not prepared for an emergency evacuation you are in big trouble! The situation causing an evacuation is enough of a major concern_ Additional problems should not be created by inefficient or dangerous evacuations. The major cause of injury during emergency evacuations is panic. There will be a higher likelihood of people pushing and running. lhese may be an increased number of traffic collisions. 0 Pre -planning for evacuation is extremely important. 0 All event personnel should receive a copy of the policy and procedures for evacuations. 13 All personnel should become familiar with routes used only for emergency purposes. RVACUATITN DIRMIS Evacuation drills are important for the following reasons: I. Knowledge and practice will reduce the tithe it takes to get everyone out of the venue in an actual evacuation. 2. Evacuation drills will allow event personnel to be clear on the safest and quickest flow of people out of the venue. 3. They reduce the risks caused by confusion and Patric during an actual evacuation_ C® iPHAra mcAuIon r-QIJItIVERPL^i During an evacuation communications equipment, emergency radio frequencies and special telephone lines are extremely importaut because the normal lines of communication may get overloaded. i I;VACUATIOlq FRoCEBDilP.ES Key parsmtnel for declaring an evacuation should be identified prior to the event. A close working relationship between people in charge is extremely important: senior fire Official, police official and venue manager. 0 All vehicle gates should be opened. C3 Senior traffic and parking officials should be notified immediately. Preparations for search and rescue operations should begin. A prisoner control area and a mass casualty medical center may need to be established. EVACUATION PROCEDURES Evacuation announcements should be madeby an experienced announcer only. That person makes the announcement only upon request of key personnel. People may more readily panic if someone else makes the announcement. Announcements should be repeated in the same tone of voice. Various scripts must be prepared in advance. There should be a sequence of announcements depending on the immediacy and severity of the emergency situation. Participants, officials and event staff tend to set the mood for the crowd. If these people react in a professional and calm manner this will seduce the likelihood of panic. An event should not resume once it is cancelled 0 In the short time between the decision to evacuate even when it is learned that an incident will not and the public announcement staging areas for occur. The reverse flow of pedestrian and police, fire, medical and helicopter landing vehicle traffic could cause chaos which may should begin to be established_ result in accidents and injuries. Admissions and C All eat doors leading to the parking lots should access control may be difficult to manage. be opened. Q The public should be directed to leave the El Event personnel should be stationed at various stadium and the parking areas. exits and immediately open all designated gates or doors at their locations. No one should be A policy regarding admission refunds should be allowed to re, -enter - prepared before the event. Box offices and ticket booths should be closed and locked immediately As many as needed should be assigned to assist to avoid people requesting refbnds during an in the evacuation of the disabled especially those evacuation who have mobility impairments. EVACUATION SCIRMS There should be several different scripts prepared in advance and modified according to the particular situation. Each script should state the reason(s) for the emergency evacuation and provide clear directions for the public. Announcements should be repeated several times in the same tone and mood. The first type of ennotme meat should be a code name public announcement that will notify key Personnel to report to a preestablished location (usually a press box or command post). It is usually in the form of an announcement for a fictitious individual to report to a particular area. The second type of announcement should info, -m the public that a security search is taking place but that the event will continue. The event should continue as announced. People can be notified that they will be assisted to leave if they prefer - ❑ The third type of announcement will involve an interruption of the event. People should be told that there is no certain immediate danger and that the situation is being resolved. People who would prefer to leave should be o=ven the 0 Event personnel should remove all obstructions to exits and/or aisles or hallways leading to exits. ❑ Event personnel should be stationed near all hallways, ramps, aisles, escalators, etc. instructing the crowd to walk and remain calm. They should repeat instructions continually. 0 Event personnel in seating areas should direct people to the nearest eat. Security should be stationed at each elevator preventing people from using them. Elevators should not be used except by emergency personnel. Event personnel should be assigned to assist the disabled and senior citizens. — Personal protection security for V.I.P.'s, dignitares, key officials, per:'omers, participants should be increased. What happens on the outside of the venue is very important. - .. opportunity and assistance to do so. The event Pg);- ng attendan[s and additional event personnel should be interrupted. _ " ;a i = ` -should hoe stationed in the parking lots requesting people to stay calm and drive safely. 0 The fourth type of announcement is one -v; ra ap;, .. . = •" Official evacuation is amounted to the.Security pagols should not allow anyone basic They should be assured that there is no into:.t_hementie. .;immediate danger but that the venue must b�. ' evacuated in an orderly fashion.❑ _. Bar icades and access controls should be planned. Records should be kept of all authorized EVENT PERSONNEL EVACUATION::,,`:: personnel entering the area- No exceptions A55E�iitV{ N3�u -`.: should'beallowed. Event staff should mow exactly what is expected of y i a,�. There should be a location for media reports them at the moment that an emergedey evacuation,js .. qutside,the venue area. This will require pre- announced. This requires advaneed planning and planned electrical and lighting arrangements. - `:� . .. - ,. O2/SCC4]22+ Stadium p \ t , � T tai Accessi <wgefin; East Bo |P | q � Club &@_k wAccessible I West Smf I E , G §� <� c \ E « 2 K -z y\ HH p, `GG� »• Club &@_k wAccessible I West Smf I E , G � . E _ ( && F� S EE \ File #: 16-003, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Steven Chapman, Interim Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 BID AWARD TO MULTIPLE VENDORS FOR STORAGE AREA NETWORK ARRAY COMPONENTS (BID 2016-048) Recommended Action: Motion to Award Bid No. 2016-048 to the following: SHI for the purchase of Pure Storage in the amount of $1,134,240. Extensible Computing LLC dba SLPowers for the purchase of computer servers, switches and components in the amount of $306,745.92. Background: A bid was issued on December 1, 2015, with a due date of December 23, 2015. The bid is for storage area network array components needed to stablize and expand the City's data storage. The bid was sent to 1,647 suppliers through BidSync and 51 suppliers reviewed the specifications. One supplier bid on the Pure Storage components and two suppliers bid on the computer servers, switches and other components. SHI is the only bidder for the Pure Storage. Extensible Computing LLC DBA SLPowers is the lowest bidder for the computer servers, switches and other components. The bid award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: By approving the purchase of this SAN, the City Commission understands that Information Technolgy (IT) will spend a million dollars greater than budgeted. If nothing else changes, a budget amendment for this purchase will be included in our next mid -year amendment. City of Delray Beach Page 1 of 1 Printed on 1/15/2016 powered by Legistar'"^ Storage Area Network Array BID No. 2016-048 City of Delray Beach Group Extensible Computing, LLC DBA SLPowers Received 12/23/15 @1:04PM Gray Matter Systems Received 12/22/15 @2:15PM SHI Received 12/26/15 @12:27PM Pure Storage - - $ 1,134,240.00 10 GB ISCISI Switches 74,182.12 78,470.60 - Dell FX2 Chassis 21,201.72 21,914.08 - Dell Server Nodes 141,269.12 162,093.92 - SFP+Cables & Modules 8,379.44 15,280.00 Dell VDI Servers 61,713.52 66,414.72 Total 306,745.92 344,173.32 1,134,240.00 Opening Date: 12.23.2015 Posted 01.06.2016 DocuSign Envelope ID: B1A27111-1491-4DA7-A2FA-3CC441BC2275 0 PURESTORAGE END USER CONFIRMATION THIS END USER CONFIRMATION (this "Agreement") is made and entered into as of the date identified as the "Effective Date" below, by and between PURE STORAGE, INC. a Delaware corporation having a principal place of business at 650 Castro Street, Suite #400, Mountain View, CA 94041 ("Pure Storage" or "Pure"), and the legal entity identified below as "End User". Capitalized terms not otherwise defined in this cover section document have the meaning set forth in the Pure End User Agreement. End User Name: City of Delray Beach Address: 100 NW 1st Avenue Delray Beach, FL 33444 Contact: Melissa Thorn Phone: 561-243-7129 Email: thornm@mydelraybeach.com - The Pure Storage F1ashArray and all associated software - 7x24 product support and hardware maintenance Effective Date: January 14, 2016 This Agreement incorporates by reference the Pure End User Agreement as of the Effective Date, which is attached. This Confirmation and the Pure End User Agreement together constitute the entire agreement between Pure Storage and End User. By signing this Agreement, End User hereby acknowledges that it has reviewed, and agrees to be legally bound by the Pure End User Agreement. IN WITNESS WH 6i"parties' authorized representatives have executed this Agreement as of the Effective Date. ,het, PURE STORAGE END USER: 60D9B776960C415... Name: Joe FitzGerald Title: Vice President & General Counsei Date: 1/14/2016 Pure Storage End User Confirmation — 08-20-2015 Pagel of 5 Name: Title: Date: IU: C5 IHL/-I-I-I-14y11-4UH/-F1Lr/i-31.1.441 C1.LL/D 0 PURESTORAAGE END USER AGREEMENT (04-30-2015) IMPORTANT: PLEASE READ THIS END USER AGREEMENT ("AGREEMENT") BEFORE INSTALLING OR USING THE PURE STORAGE FLASHARRAY PRODUCT, INCLUDING THE HARDWARE AND SOFTWARE COMPONENTS THEREOF ("PRODUCT"). THIS AGREEMENT APPLIES TO THE PRODUCT THAT YOU OR THE ENTITY THAT YOU REPRESENT ("END USER") OBTAINED EITHER DIRECTLY FROM PURE STORAGE, INC. ("PURE") OR FROM AN AUTHORIZED PURE RESELLER. BY INSTALLING OR USING THE PRODUCT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND END USER AND AGREE THAT END USER IS BOUND BY THIS AGREEMENT WITH PURE (UNLESS A SEPARATE WRITTEN AGREEMENT IS IN EFFECT THAT SPECIFICALLY GOVERNS THE SUBJECT MATTER HEREOF). IF END USER DOES NOT HAVE A SEPARATE WRITTEN AGREEMENT WITH PURE AND DOES NOT AGREE TO THIS AGREEMENT, THE END USER MAY, WITHIN 30 DAYS OF INITIAL RECEIPT OF THE PRODUCT, RETURN THE UNUSED PRODUCT FOR A REFUND. 1. GUARANTEE PROGRAM. Unless End User has completed a free trial "proof of concept" for the Products, the first Product purchased by End User comes with a 30 day "money back" guarantee. End User may receive a full refund for the Products (and applicable support services) if it notifies Pure, or the applicable authorized Pure reseller, of its intent to elect for a refund within 30 days of receipt, provided that End User has performed a good -faith installation of the Product that allows the Product to "phone home" to Pure (share diagnostic and performance data with Pure). End User must return such Products within 10 days of such notice and in like new condition (other than normal wear and tear) in original packaging to receive a full refund, except as noted below. Pure will pay the shipping costs for returns shipped in accordance with Pure's reasonable instructions. Pure reserves the right to charge refurbishing fees for Products that are returned damaged. Refunds will be processed within 30 days following Pure's receipt of the returned Products. 2. SOFTWARE LICENSE. 2.1 Software License. Subject to the terms and conditions of this Agreement, Pure grants to End User, and any contractors that End User authorizes to perform services involving the Product solely for End User's benefit, a nontransferable (except as permitted in Section 11.5), nonexclusive, perpetual (subject to termination in accordance with the terms of this Agreement) license (without the right to sublicense) to use and execute the software provided with or incorporated in the Product (the "Software"), in executable object code format only, and solely to the extent necessary to operate the Product in accordance with the applicable Product documentation. 2.2 Termination of Software License. The license in Section 2.1 and all of End User's rights to use the Software will terminate immediately in the event that End User returns the Product to Pure in exchange for a refund or in the event that End User materially breaches any provision of this Agreement. Upon termination, Sections 2.2, 3, 4.2, 5.4, 7, 8, 9 and 11 will survive and End User shall promptly discontinue all use of the Software. 2.3 Limited Capacity License. If the Products are subject to a specified capacity limit, End User is only authorized to use the Software at or below the limit paid for by End User. Pure or its reseller partner may invoice End User, and End User shall pay, for the additional capacity in the Product after End User's usage exceeds the specified capacity limit three times in a 30 day period, even if usage subsequently falls below that limit. End Pure Storage End User Agreement — v08-20-2015 2 User shall enable the Product's phone home feature to allow Pure to monitor capacity usage. If End User disables or blocks the Product's phone home feature, Pure shall have the right to invoice for the additional capacity. Pure reserves the right to inspect or otherwise verify compliance with this Section. 3. PRODUCT RESTRICTIONS AND TITLE. 3.1 Restrictions. End User will not directly or indirectly (i) reproduce, modify, distribute, rent, lease, sublicense, assign, disclose or make available any portion of the Software (or any related documentation) to any third party; (ii) reverse engineer, decompile, or disassemble any portion of the Software, or otherwise attempt to decrypt, extract or derive source code for, or any algorithms or data structures embodied within, any portion of the Software (except to the extent the foregoing restriction is expressly prohibited by applicable law); (iii) use the Product or Software to develop a similar product or service; (iv) transfer, copy or use the Software to or on any other product or device; or (v) publish or disclose to any third party any performance or benchmark tests or analyses relating to the Product or the Software, except for internal use by the End User or as may be authorized by Pure in writing. End User will remain fully and primarily responsible to Pure for compliance with this Agreement if End User permits any contractors of End User to access the Product. Any future release, update, or other addition to functionality of the Software made available by Pure to End User, shall be subject to the terms and conditions of this Agreement, unless Pure expressly states otherwise. End User shall preserve and shall not remove, obscure or alter any copyright or other proprietary notices in the Software, its documentation and all copies thereof. 3.2 Title to Software. Pure and its suppliers shall exclusively retain all right, title and interest, including without limitation all patent, trademark, trade name and copyright, whether registered or not registered, in and to the Software and related documentation. Pure and its suppliers reserve all rights not expressly granted herein, and no license or other implied rights of any kind are granted or conveyed except for the limited license provided herein. In the event that items of software code provided with the Product are subject to "open source" or "free software" licenses, nothing herein limits End User's rights under, or grants rights that supersede, the applicable license therefor. 3.3 Excluded Uses. End User acknowledges that the Product is not designed or intended for use in life sustaining, IU: C5 IHL/-I-I-I-14y11-4UH/-F1Lr/i-31.1.441 C1.LL/O nuclear or other applications in which failure of the Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. 4. PRE-RELEASE SOFTWARE AND FEEDBACK. 4.1 Pre -Release Software. Pure may make available to End User a beta or pre-release version of the Software ("Pre - Release Software"). End User acknowledges that the Pre - Release Software (i) is not at the level of performance or compatibility of final, generally available Software; (ii) may not operate correctly; (iii) may be modified prior to being made generally available; and (iv) is not to be used in a production environment. End User agrees to notify Pure of any bugs or problems in the Pre -Release Software. 4.2 Feedback. End User may provide feedback to Pure regarding the use, operation, performance, and functionality of the Products and Pre -Release Software, including identifying potential errors and improvements (collectively, "Feedback"). End User hereby grants to Pure a perpetual, irrevocable, worldwide, sublicenseable and royalty -free right to use the Feedback in any manner; provided that Feedback is anonymized and will not include End User's Confidential Information. 4.3 References. For the sole purpose of indicating End User as a user of the Products, Pure may use End User's name and logo, subject to End User's then -current trademark usage guidelines, in Pure's marketing materials or communications presented alongside and in a manner similar to other Pure customer names and logos. 5. WARRANTY AND DISCLAIMER. 5.1 Limited Warranty. Subject to Section 5.2, Pure warrants that the hardware in the Products will perform in substantial accordance with the corresponding Product documentation for three years from the date of shipment by Pure and that the Software will perform in substantial accordance with the corresponding Product documentation for 90 days from the date of shipment by Pure. The additional benefits under Maintenance and Support extend beyond the limited warranty. 5.2 Limited Warranty Process. End User may contact Pure via email at support@purestora eg com or phone at +1 (866) 244-7121 for warranty service. End User must obtain a return material authorization number from Pure and return the Product in secure packaging, freight prepaid, as instructed by Pure. Under the hardware warranty, Pure, at its option, either (i) will repair or replace any defective Product with a new or refurbished Product or components of equal or greater functionality as the returned Product, or (ii) will refund the purchase price paid to Pure for such Product, reduced on a straight-line basis over a three-year life. Replacement Products or components will continue to be warranted for the remainder of the applicable warranty term. Repair, replacement or refund is the sole and exclusive remedy for breach of this warranty. Under the Software warranty, Pure will provide End User access to bug fixes and emergency patches. This warranty is extended to the original End User only and is not transferable. This warranty does not cover defects or damages resulting from: (a) use of Products other than in a normal and customary manner in accordance with Pure's documentation; (b) physical or electronic abuse or misuse, Pure Storage End User Agreement — v08-20-2015 accident, or neglect; or (c) alterations or repairs made to Products that are not authorized by Pure in writing. Pure will use reasonable efforts to destroy (but have no liability for any loss or inadvertent disclosure of) data stored or remaining on a Product returned to Pure. Under this Agreement, all returned Products and components become the property of Pure. 5.3 No Warranty or Support for Pre -Release Software. Pure provides Pre -Release Software for evaluation only on an "AS IS" basis (without warranty), for use at End User's own risk. Maintenance and Support (as defined below) are not available for Pre -Release Software. Pure will, at its discretion, use reasonable efforts to resolve problems identified in Pre -Release Software. 5.4 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 5.1, PURE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. PURE DOES NOT WARRANT AGAINST LOSS OR INACCURACY OF DATA OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY STATED IN SECTION 5.1, PURE PROVIDES THE PRODUCTS (INCLUDING ANY SOFTWARE) ON AN "AS IS" BASIS. 6. MAINTENANCE AND SUPPORT. Pure or its designated support partners ("Support Partners") will provide the generally available Product maintenance ("Maintenance") and technical support ("Support") services set forth in Exhibit A, during the term for which End User has purchased Maintenance and Support. Maintenance and Support are provided without any additional warranties, express or implied. 7. INDEMNIFICATION. Pure will defend at its own expense any action against End User brought by a third party to the extent that the action is based upon a claim that the Product directly infringes any copyrights or U.S. patents or misappropriates any trade secrets, and Pure will pay those costs and damages finally awarded against End User in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. If End User's use of the Product is, or in Pure's opinion is likely to become, enjoined as a result of an infringement claim, Pure will, at its option and expense, either (i) procure the right to continue exercising the rights licensed herein; (ii) replace or modify the Product so that it becomes non -infringing and remains functionally equivalent; or (iii) if, despite its commercially reasonable efforts, Pure is unable to do either (i) or (ii), accept return of the Product, terminate the rights licensed herein, and pay to End User a prorated refund of money paid to Pure for the purchase of such Product, reduced on a straight-line basis over a three-year life. Notwithstanding the foregoing, Pure will have no obligation with respect to any infringement claim based upon (a) any use of the Product that is not in accordance with this Agreement or the corresponding Product documentation; (b) any use of the Product in combination with other products, equipment, software, or data not supplied by Pure if such infringement would not have arisen but for such combination; (c) the use of any release of the Software other than the current and immediately preceding Major IU: C5 IHL/-I-I-I-14y11-4UH/-F1Lr/i-31.1.441 C1.LL/O Release (as defined below); or (d) any modification of the Product by any person other than Pure where such infringement would not have occurred absent such modification. This Section 7 states Pure's entire liability, and End User's sole and exclusive remedy, for infringement claims and actions. The foregoing obligations are conditioned on End User notifying Pure promptly in writing of such action, giving Pure sole control of the defense thereof and any related settlement negotiations, and cooperating and, at Pure's reasonable request and expense, assisting in such defense. 8. LIMITATION OF LIABILITY. OTHER THAN PURE'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PURE'S AGGREGATE LIABILITY UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY END USER FOR THE PRODUCTS THAT GAVE RISE TO SUCH CLAIM. IN NO EVENT WILL PURE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, IN CONNECTION WITH THE USE OF THE PRODUCT OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF PURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. CONFIDENTIALITY. "Confidential Information" means any non-public information relating to, or derived from, the Products, including Feedback, technical features and benchmark or performance results. End User shall not use or disclose any Confidential Information except as expressly authorized in this Agreement and shall protect the Confidential Information using the same degree of care that it uses with respect to its own confidential information, but in no event with safeguards less than a reasonably prudent business would exercise under similar circumstances, subject to Florida Public Records laws. 10. PRODUCT DIAGNOSTIC REPORTING. End User acknowledges that the Product will store certain diagnostic information about the routine operations of the Product (including, without limitation, its performance, data reduction ratios, configuration data, and hardware faults) and will periodically transmit this diagnostic information to Pure. No actual user data of End User is accessed, transmitted or provided to Pure as part of this process, and no interruption of service is required to gather such detailed diagnostics. End User will control Pure's physical access to the Product. End User agrees that Pure has a perpetual, irrevocable, sublicenseable, and royalty -free right to use this diagnostic information in any manner (provided that information does not identify End User as the source of such information). The collection and transmission of such information to Pure is necessary to facilitate the provision of Maintenance and Support. 11. GENERAL PROVISIONS. 11.1 Governing Law and Venue. This Agreement will be governed and interpreted by and under the laws of the State of Florida, without giving effect to any conflicts of laws principles. Pure Storage End User Agreement — v08-20-2015 Each party hereby expressly consents to the personal jurisdiction and venue in the state and federal courts in Palm Beach County, Florida for any lawsuit filed there arising from or related to this Agreement. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 11.2 Notices. Except as specifically stated, all notices or other communications required or permitted under this Agreement shall be in writing and shall be delivered by personal delivery, certified overnight delivery such as Federal Express, or registered mail (return receipt requested) and shall be deemed given upon personal delivery or upon confirmation of receipt. 11.3 Severability; Waiver. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 11.4 Export. The Product, its Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. End User agrees not to export, reexport, or transfer, directly or indirectly, any technical data acquired from Pure, or any products incorporating such data, in violation of applicable export laws or regulations. 11.5 No Assignment. This Agreement, and End User's rights and obligations herein, may not be assigned by End User without Pure's prior written consent, which consent will not be unreasonably withheld, and any attempted assignment in violation of the foregoing will be null and void. 11.6 U.S. Government End Users. The Product, its software and related documentation, are "commercial items" as defined in 48 CFR 2.101 and their use is subject to the policies set forth in 48 CFR 12.211, 48 CFR 12.212 and 48 CFR 227.7202, as applicable. 11.7 Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause that is beyond the reasonable control of the party. 11.8 Entire Agreement; Modification. This Agreement constitutes the entire agreement between the End User and Pure and supersedes in its entirety any and all oral or written agreements previously existing between End User and Pure with respect to the subject matter hereof. Any varying or additional terms relating to the subject matter hereof in any purchase order or other written document will be of no effect. This Agreement may only be amended in a writing signed by duly authorized representatives of the parties. IU: C5 IHL/-I-I-I-14y11-4UH/-F1Lr/i-31.1.441 C1.LL/O 0 PURESTORAGE EXHIBIT A MAINTENANCE AND SUPPORT TERMS AND CONDITIONS 1. SCOPE OF COVERAGE. During the term for which End User has paid for Maintenance and Support, Pure or its Support Partners will provide Product Maintenance and Support as described herein. An "Error" means any reproducible defect in the Product that causes it not to perform substantially in accordance with the corresponding Product documentation. 2. SERVICES. Subject to the terms of this Agreement, Pure or its Support Partners will provide the following services: 2.1 Hardware Maintenance. Pure or its Support Partners will use commercially reasonable efforts to correct any Errors in the Product's hardware. Hardware Maintenance may include on-site installation of field replaceable units (FRUs) by certified personnel or providing End User with customer replaceable units (CRUS) for End User's own installation. Pure reserves the right to repair or replace the entire Product or a component thereof with a new or refurbished part of equal or greater functionality. End User will be allowed, for an additional charge, to retain drives installed in the Products that are required to be returned to Pure. 2.2 Software Support. Pure or its Support Partners will use commercially reasonable efforts to correct any Errors in the Software. Software Support may include bug fixes, emergency patches, workarounds and new software releases. In order to receive Support for a given Major Release, the Product must be updated to the most recent or two preceding Minor Releases applicable to that Major Release. As used herein, a "Major Release" is any version of the Software that is denoted by a change in the version number to the left of the first decimal (i.e., #.1.2). A "Minor Release" is any version of the Software denoted by a change in the version number to the right of the first decimal and left of the second decimal (i.e., 1.#.2). Major Releases and Minor Releases are collectively referred to as "Releases." Pure will provide Support for the current Major Release and for the two immediately preceding Releases, in accordance with the corresponding Support documentation, unless Pure elects to support additional Releases. End User will only have access to generally available Releases compatible with such Product. 3. SERVICE LEVELS. Pure or its Support Partners will provide web portal, email and telephone support to up to five designated contacts at End User. Maintenance and Support (including service levels, severity levels and support options) are further described in the corresponding Pure Storage Customer Support Guide. If the location of the Products has changed and Pure has not received and acknowledged such change in writing, Pure will use commercially reasonable efforts to meet the applicable service levels if the Product is located in a current service area. End User will cooperate with Pure to the extent reasonably necessary to facilitate the provision of Maintenance and Support. 4. SERVICE LIMITATIONS. Maintenance and Support does not include, nor will Pure be obligated to provide, services required as a result of: (i) any modification, reconfiguration or maintenance of the Product not performed in accordance with Pure's instructions; (ii) any use of the Product in a configuration or on a Pure Storage End User Agreement — v08-20-2015 system that does not meet Pure's minimum standards for such Product, as set forth in the applicable documentation; or (iii) any errors or defects in third party software or hardware. 5. FOREVER FLASHTM. Where Pure offers Pure -branded Maintenance and Support and as long as End User has maintained eligible Maintenance and Support since the initial Product purchase (and for not less than three years), Pure offers the following program: 5.1 Free Every Three. If End User purchases three additional years of eligible Maintenance and Support for the entire Product, Pure will, at the beginning of the three year renewal, upgrade the controllers for the applicable Product to the then - current controllers that most closely match, in Pure's reasonable discretion, such Product's existing controllers. As a condition to the controller upgrades, End User must take receipt of the upgraded controllers within 90 days from notice (via electronic means to End User's designated contact) that a controller upgrade is available, and return the existing controllers to Pure within 45 days from receipt of the upgraded controllers. End User may receive upgraded controllers not more than once every three years with respect to a given Product; and 5.2 Flat & Fair. Pure will not increase the renewal rate offered to an authorized Pure reseller for eligible Maintenance and Support above the rate for the initial Maintenance and Support for the applicable Product purchased by End User (after applying the same Maintenance and Support term and applicable pre -renewal in -rack configuration for the applicable Product), provided that such Maintenance and Support remains generally available for the applicable Product at the time of renewal. Rates are in U.S. dollars. Notwithstanding the foregoing, in the event of a severe inflation event (defined as annual inflation in excess of seven percent 7% as measured by the Producer Price Index), the parties will negotiate, in good faith, reasonable adjustments to the renewal rate in an amount not to exceed the inflation over the period since the last renewal. This Section 5.2 imposes no obligation to renew Maintenance and Support. 5.3 Program Modifications. Pure may modify the program under Section 5 from time to time. If Pure makes substantive modifications that have a negative impact on End User, an existing Product will be governed by the terms in effect immediately prior to such modification until the later of: (i) the date the End User next receives upgraded controllers under Section 5.1, or (ii) the expiration of the original or last renewal Maintenance and Support term, with respect to the applicable Product, after which the modified program terms will apply to such Product. Pure may terminate the program under Section 5 with respect to future Product purchases. venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-111, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 ORDINANCE NO. 01-16 -102 SW 12TH AVENUE, LOCAL REGISTER OF HISTORIC PLACES DESIGNATION (SECOND READING) Recommended Action: Motion to approve on the first reading of Ordinance No. 01-16 that the property located at 102 SW 12th Avenue be listed on the local register of Historic Places as "Ridley Temple Church of God in Christ, Inc.", by adopting the findings of fact and law contained in the staff report, and findings that the request and approval thereof is consistent with the Comprehensive Plan and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. Background: The subject property is located at 102 SW 12th Avenue at the SW corner of SW 1st Street and SW 12th Avenue. The property contains a significant example of masonry vernacular religious architecture in the Atlantic Park Gardens Neighborhood of Delray Beach, Florida. The property is zoned RM, multiple family residential (medium density). The subject property that the church owns consists of three lots, the building lot measures 57' x 138', the adjacent lot to the south measures 50' x 138' and the lot behind the church fronting SW 13th Avenue measures 57'x 138'. To qualify as a historic structure, individual properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria in LDR Section 4.5.1(B), Criteria for Designation of Historic Sites or Districts. The subject structure meets the following criteria, detailed in the staff report attached: (B)(2) Historical or cultural significance: (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; (13)(3) Architectural or aesthetic significance: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 16-111, Version: 1 represented, in its time, a significant innovation or adaptation to the South Florida environment. The unique architectural design and presence of this two-story masonry vernacular style emanating from the 1940's -1950's is significant to the Atlantic Park Gardens community and Delray Beach for the its design, detail, material, and craftsmanship. The request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed the subject local designation at their November 18, 2015 meeting and unanimously recommended approval. City Attorney Review: Ordinance No. 01-16 was advertised in the Sun -Sentinel on January 11, 2016. Approved as to form and legal sufficiency. City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by Legistar'"^ HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: "Ridley Temple Church of God in Christ, Inc." Property Address: 102 SW 12th Avenue HPB Meeting Date: November 18, 2015 File No: 2016-003 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a privately initiated request for individual local designation of "Ridley Temple Church of God in Christ, Inc." located at 102 SW 12th Avenue, pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject property is located at 102 SW 12th Avenue on the west side of the SW 12th Street at the corner of SW 1St Street. The property contains a significant example of masonry vernacular religious architecture in the Atlantic Park Gardens Neighborhood of Delray Beach, Florida. The property is zoned RM, multiple family residential (medium density). The subject property that the church owns consists of three lots, the building lot measures 57' x 138', the adjacent lot to the south measures 50' x 138' and the lot behind the church fronting SW 13th Avenue measures 57'x 138'. The founding Pastor of the church Elder Andrew W. Ridley along with members from the community designed and built the church as you see today. The original building was one story and was completed in the year of 1949. The original one-story building was 18' feet wide x 24' long. The design concept of the church was influenced and inspired by AM Cohen Temple Church of God in Christ in Miami, Florida. The second floor (Sanctuary) was added to the building in the year of 1956. The construction of the church is a combination of wood frame and concrete block. In 1962, a small one story kitchen was added to the north side building. The local historic designation is now before the Board for consideration. ANALYSIS LDR Section 4.5.1(13), Criteria for Designation of Historic Sites or Districts: Pursuant to Section 4.5.1(13)(1), to qualify as a historic structure, individual properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below;. The subject structure meets the following criteria: (13)(2) Historical or cultural significance: (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; "Ridley Temple Church of God in Christ" Designation; 2016-003 HPB Meeting November 18, 2016; Page 2 of 4 STAFF COMMENT: The church at 102 SW 12th Avenue meets the above criteria in that since the 1940s it is the first church in this community to support the African American community by assisting migrant workers with a place of worship and a place of refuge for their families in a time of need. Elder Andrew Ridley spent his time traveling to the western farm areas ministering and providing religious leadership to those families who needed transportation, clothing, and food by bringing them to the church for fellowship with the congregation. In the early 1960s the lower level of the church was utilized as a daycare to assist working mothers with a place to house their children while they worked. The daycare became a place to nurture, feed and teach children about the bible and the need to have God in their lives. Today, "the main mission of the church is to enrich all involved by presenting the Word of God and exploring African American worship experience with all cultures and nationalities in a way that will inspire others to want to make significant changes in their life and well-being, be it spiritually, mentally or physically". (113)(3) Architectural or aesthetic significance: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. STAFF COMMENT: The unique architectural design and presence of this two-story masonry vernacular style emanating from the 1940's -1950's is significant to the Atlantic Park Gardens community and Delray Beach for the its design, detail, material, and craftsmanship as outlined below: The stucco covered building features a low pitched front gable roof with wall projections at either side of the gable and the roof is covered in shingles. The wooden brackets under the roof eaves follow the perimeter of the building with the exception of the front facade. The front fagade wall projections appear straight, but as you turn the corner to the sides of the building, there is an interesting triangular form that covers a recessed entryway on the ground level. The dual entries (at the front and the back of the church) are graced by two story double staircases with elaborately patterned with cast concrete breezeblock hand rails and balcony rails leading to the main upper level. The worshippers enter at the rear of the sanctuary on the second level through two large recessed red doors. In between those doors is an original glass block cross which brings a subdued light into the sanctuary. At the west (rear) side of the exterior of the church building there are double staircases with similar breezeblock hand rails which lead to interior offices flanking the altar. The double staircases are indicative of earlier "Caribbean" style architecture from the islands. See the examples from Barbados, Jamaica, Antilles (figures 1, 2, and 3) attached at the end of this report. In addition, the modular breezeblock material found in the railings is commonly found in the Miami Modern, mid -Century style of architecture from the World War II era, 1945-1960's, and consists of concrete block styles ranging in several sizes and patterns. The modular breezeblock found on the frontal church railings are of two different styles, an "X" pattern, and stacked rectangular concrete blocks arranged in an offset pattern on the both levels. The "X" pattern is found on all railings at the rear elevation of the church. "Ridley Temple Church of God in Christ" Designation; 2016-003 HPB Meeting November 18, 2016; Page 3 of 4 The church sanctuary is flanked by five arched multi -colored stained glass windows. Two additional stained glass windows are located at the altar. The stained glass scenes depict various bible scenes. The original coved ceiling is covered in Dade County Pine wood planks and the walls are plaster. Recent additions are the partial wood wall paneling application and enlargement of the altar. Several future improvements to the church are planned such as replacing the damaged lower level windows, painting the church, and the addition of an elevator. At the current time many members of the congregation are elderly and can no longer climb the stairs to participate in the services. An additional enhancement would be re -illumination of the neon cross, along with the name of the church painted on the front building as it originally appeared in documented photographs (see front cover of designation report). Comprehensive Plan Future Land Use Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines" Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as it will provide for the preservation of the subject structure, thereby ensuring the protection of an example of this type of style and building. Further, the comments above illustrate that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Commission have been tentatively scheduled for January 5, 2016. COURTESY / PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500' radius of 102 SW 12th Avenue. Courtesy notices will be provided to Delray Citizens Coalition, Atlantic Park Gardens, North/South Alliance, Gateway, Carver Memorial Park, and Lincoln Park. Letters of support or objection, if any, will be presented at the Historic Preservation Board (HPB) meeting. "Ridley Temple Church of God in Christ" Designation; 2016-003 HPB Meeting November 18, 2016; Page 4 of 4 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that "Ridley Temple Church of God in Christ, Inc." be listed in the Local Register of Historic Places at 102 SW 12th Avenue, 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 Sections 4.5.1(8) and 4.5.1(C) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission that "Ridley Temple Church of God in Christ, Inc." not be listed in the Local Register of Historic Places at 102 SW 12th Avenue, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. RECOMMENDATION Move a recommendation of approval to the City Commission that "Ridley Temple Church of God in Christ, Inc." be listed in the Local Register of Historic Places at 102 SW 12th Avenue, 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 Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. Attachments: "Ridley Temple Church of God in Christ" Designation Report Location Maps Photographs Ordinance document Staff Report Prepared by: Lynn Van Duyne, Historic Preservation Planner c:7 0 4 I �,! 1 Ridley Temple Church of God in Christ, Inc. 102 S W 1216 Avenue Delray (Beach, Florida 33444 For The Historic Preservation Board Delray Beach, Florida 1 i Designation Report Table o Contents I. General Information II. Location Map III. Historical and Cultural Significance IV. Statement of Significance V. Architectural Significance VI. Bibliography and Sources VII. Appendix A: Photographs VIII. Appendix B: City of Delray Site file 2 3 I. General Information Location: Date of Construction: Builder Founders: Present Owner: Present Use: Legal Description: Property Control #: 102 S. W 12th Avenue Delray Beach, Florida 33435 '1949 ' Elder Andrew Ridley Elder Andrew & Annie Ridley Ridley Temple COGIC Inc. Church Services Lot 13 Blk 3, Atlantic Gardens 12-43 -46-17-18+003 -0310 3 r m Ln 'BUBASVBLOCK LOT _Improved HGIHOMESTEADEXEMPTIQN Atlr Park TF.ARs Par I_ �Exemnt CITY OF DELRAY BEACH FLORIDA Gardena 7 � _Vacant 3 11a '..lDgh .,Hilly ....i"lautee P,G. Sto. Frt.. DEac. ..!!Fore ....Port HIP ....ILII" 1942 1943 1944 19461946 i', ' 94 " -..,Fail ....Flet _ LAND & 60. ....Du Bu:lralaw •,,.Dlrt Floor OWNER r �'` l% err t/ e ,.�tia t t.. 9' a�n, .�''...9 .h.t%/x/ sLDG9. .... Cnnlut Fleo 'DOTAL LAND VALUATION ADDRESS Hard Elev. PORCHM TOTAL ....Flnioh •••• Panels ,... 111,eEacamu; DESCRIPTION OF BUILDING ` f BUILDING PLAN BUILDING DIMENSIONS SIZE lH1gUE1T STORIES 'TYPE BI+AG. BASEMENT ROOF INT. FINISH MISC. REMARKS:l�fy .i '••. • /rt „ : + , H-�& 14E-::rll�arsr t ^//vfFc// Bts`�'. pCr1'M�r 7a "(-'!!•'�. n'r7 E;^?• 3•!~-7'- LOTS ACREAGE 9T. IMPROVEMENTS Garner Factor .1—Paved '..lDgh .,Hilly ....i"lautee P,G. Sto. Frt.. .... Doubt Dwlg. Duuhle Dwlg. ..!!Fore ....Port HIP ....ILII" .,,,Deesra#d ...•Plus (Etre) .... tex DwIr. -..,Fail ....Flet ....lhu nwund —Pmlink ....run. Elev. ....Du Bu:lralaw •,,.Dlrt Floor .... Nalu,,rd h`[nl [. E14 V. ,,.. .... Cnnlut Fleo 'DOTAL LAND VALUATION ....Marble S Tile Hard Elev. PORCHM ....Cottage Apartment ....Flnioh •••• Panels ,... 111,eEacamu; .., Refliveratom HEATING ,,,Store store&ufHce X FrontFLu"W1 —V.I.. C.. Sy.,. ...store & Apt / .V.Wood do9ols .•. Skylight, \ 61 .. .... ldg ..Soves ,hit i ,launersta ra.Bunk Air X Rea .,...UII R.].IfCooc. .,.,.,FlrplreWien Sul. W. Sy .. ....ftte ..Hat ..Strom X sieeP .. Relnf. Tile ,..Alr Con. 8ro. • .,.Theatre .... Fnctary ....Hot Water .. ..Vapor ....Dlrt EXT, W'AI.LS FLOORING FACTORS �.Fo. Roume ,.. GnmrL (Apt.} .,..fill Humor ,...Gnrage (Serv} Wood 8ldlncHurlhvoo[I •�,1"1110 of ... Apartamt. ...Gar. .,.Goo Stu9lon ' CpNBTRUCT. / {Vaud Lrramr " :rick .. ' ...Rooms & Apt. ....Chure}i .. ,,Steel Frame ••• Brlek Cased ...,Cbtnrnl ,Tlle .•�.FI u. Attle R. .,,.School „•,Rr•hd. Collo..... Ftucns ... ,Afarhle .... Fix. Babe. H. ....!tecta. Bldg. ... MITI .... bistnl ,. ao .... Dato Cmuplt. ....Lurch. 8hed0 Brisk ••..Slone Llsol ...,Llroleuu[ •... Are ,,,, :Tile ••••BkingEe .... Remodeled ROOFING pj.Uh[BING FOUNDATIONS $XT. TRIM Nane ....shingle &Gruv..., .Stone !..FIAIa ,,.Fixtures Ellrotrio .✓„Cooarete .,,Ornamonta] ...Totlsta .,.LIGHTING Go. �/Metal C.Compneitlm[ ....Brick ....wood Buthroum: ....We .—. stono ,...Tae Floor ....slate ....Tile -Flat or ... Pimre ....Terra Culla •••,6111110• built Ornamental ..,.Pouts ..,Metal ht Shower. REMARKS:l�fy .i '••. • /rt „ : + , H-�& 14E-::rll�arsr t ^//vfFc// Bts`�'. pCr1'M�r 7a "(-'!!•'�. n'r7 E;^?• 3•!~-7'- LOTS ACREAGE 9T. IMPROVEMENTS Garner Factor .... Level .1—Paved '..lDgh .,Hilly ,..Dirt ..Rocks ...81dewalk ...Loin ,.ttochy .. swanmY ..Curb ..Srvnlupy ...Farm ... water X ..Wooded ...Sewer ',Elce. Light Enh.noing Factor esu Detracting Factor ACRES .GAF X X X S X X X X X X d It HAD I COND. 11 VALUATION RECAPITULATION MAIN BLDG. I rSr/�"i 1' IVTILITY LEBCENOEI II $ GARAGE SHED LAND APPRAISAL Front and Depth Unit Depth FACter Garner Factor FrontVol-fl.”Pri. Foot Value X X Enh.noing Factor esu Detracting Factor ACRES 'DOTAL LAND VALUATION ADDITIONAL BUILDINGS TOTAL � — -- BUILDINGS $ TOTAL LAND TOTAL LAND AND BLDGS. $ H Kai DISTRICT CITY OF DELRAY BEACH, FLORIDA SUBDIVISION CN __NLG ROOF LOT Improaced --_-Single Dwip. DWNER Mae % Annie Ridley Ltlantic Fark' Garden 3 .,__pantile Owla• 13 Yaaent __Ping ADDRESS — $OR 793pit Exempt OWNER , . r, / DESCRIPTION: ni :ei.adL-1 t0 'old �3 ',�'0-ri1„trc � J ADDRESS -_- Marhte A Tit, OWNER __ store ADDRESS Panels YEAR— 1949 r 1950 ., 1951 .v 1952 z` ,, 1954 1954 205 1956 1951 1950 1959 1960 EXEMPTION X Side _T -MITI ---- Svidr W. Sys. ._,Hone X Boar Stoat Bea -- ms .-- 0.3. Can. Sys. _Theatre ---..Stoves LAND �._ !!"s>� r l'1 <" r, '�t'e,� r .� �; I, .✓ �" / �/,� / ! .ri � 7 ✓ D)rt r~...- ..,_.-.Ournoe (son.) ___Garage (Frvt) � J• BLDGS. —Mo. a1 Rooms ,.Gat Station ._..�-- CONSTRUCTION Brick .... Plna .__Apartments Church •__Wand FNme __ Brlc1 Cased •-••••• Hardwaad Concrete TOTALS Svhoel --_._ Lumaer Stade —.Steel France ._... Print. Claude ---•--Kill .._. Stu cc _-_- Metal -_.- Block Srdaoie ._..._- __. Tile .__. Mcrbta ---Torra:r° Linoleum ----- Fin. Attie a. _--, Fin. Rasa. R. --- —pato Complt. HOOFING . BrIck Caner etg TlM - EXT. TRIM PLUMBING Rove PER. PRRP. - LIGHTING _� Metal -_CamposHloa FOUNDATIONS --Slane Plain ornamental .--.. — . Flxtxroa —_._Toliets Cancvett _..... Wood ___Eathreom: DESCRIPTION OF BUILDING TYPE RLCC. BASEMENT ROOF INT. FINISH MISCELLANEOUS --_-Single Dwip. .—._Nark ..—.Gabbs ---Plaster _._Decorated _—_Sprtnk. (FIN) .,__pantile Owla• --Part ._.Hip __Ping __FIN Escapes to Owl g• —._.Full --. Fiat -... Hardwood — Motel —Refrlparatars _A. rt _—.Dlrt Floor MAneard -_- Marhte A Tit, _-_Yea. G. 5Ya __ store �..,Cmnent Floor Panels Skyllyhts POACHES FLOORS .Stare A Office FlIde Fireplaces _Store A Apt. X Front —. Wood Joists.... Incinerator. HEATING INAae X Side _T -MITI ---- Svidr W. Sys. ._,Hone X Boar Stoat Bea -- ms .-- 0.3. Can. Sys. _Theatre ---..Stoves X Sleep. —. 1101.1, Concrete _ Saint. TIG - EFT. WALLS FACTORS __....Garage (Apt.) ----1111 Burner D)rt FLOORING ..,_.-.Ournoe (son.) ___Garage (Frvt) - - Flraple_N ---. Wood Shl mis —Mo. a1 Rooms ,.Gat Station ._..�-- CONSTRUCTION Brick .... Plna .__Apartments Church •__Wand FNme __ Brlc1 Cased •-••••• Hardwaad Concrete —Rooms A Alct. Svhoel --_._ Lumaer Stade —.Steel France ._... Print. Claude ---•--Kill .._. Stu cc _-_- Metal -_.- Block Srdaoie ._..._- __. Tile .__. Mcrbta ---Torra:r° Linoleum ----- Fin. Attie a. _--, Fin. Rasa. R. --- —pato Complt. HOOFING . BrIck Caner etg TlM - EXT. TRIM PLUMBING Rove Shlallo _-Pitch A Gravel ----Ape Remvdeiad LIGHTING _� Metal -_CamposHloa FOUNDATIONS --Slane Plain ornamental .--.. — . Flxtxroa —_._Toliets Cancvett _..... Wood ___Eathreom: ..._.Electric — ._....._Brigk __.__StNuo -------- Tits Fiver __._TII�-Flat at QNamentel Plers _ Terra Cattle Metal Baths, Bailt-In ShcweN ----Gas Lamps LAND APPRAISAL Front and Depth Dolt Prloe Depth CoNar Factor Fader Front Fact Value ya1u811bB '% f. • x � � v :� ST. IMPROVEMENTS `� Nig . t ' [ —. Level x --'dam lab .-.---Hilly ----L--Dirt Enhancing Factor alG Detredfini Faatar / pCRE3 _. Rocky - TOTAL LAND VALUATION -_.. Dacky TOTAL BUILDINGS S TATAL LANG TOTAL LAND AND CLOGS. $ IFLDING DIMENsioNs Ng. SIZE HEIGHT STORIES x x x x CONDITION GOOD FAIR BAD, SB. FT. Y. P. TOTAL APTUATRECLON ADDITIONAL 30ILDINGS 0 LOTS ACREAGE ST. IMPROVEMENTS l_. L."I —. Level ---raved --'dam lab .-.---Hilly ----L--Dirt ._. Law _. Rocky --Sidewalk -_.. Dacky —.... Swarapy --_... Curti ----- Swama r .m.....Form _IWater _._WadJed ---.Sewer -ALL Eleoll is Light Co. TOTAL BUILDINGS S TATAL LANG TOTAL LAND AND CLOGS. $ IFLDING DIMENsioNs Ng. SIZE HEIGHT STORIES x x x x CONDITION GOOD FAIR BAD, SB. FT. Y. P. TOTAL APTUATRECLON ADDITIONAL 30ILDINGS 0 7 III. Historical And Cultural Significance In early 1946 Andrew W. Ridley and his wife Annie Mae Ridley moved from Miami, Florida to Delray Beach, Florida in the Atlantic Park Gardens Division. Andrew Ridley had a divine inspiration to come to Delray Beach and establish a place of worship in the African American Community. His vision was to build a church, a place of refuge for the residence of the community in their time of need. The principles and philosophies of the Pentecostal Movement during that era of an oppressed segregated south, was to bring not only to a place of worship, but also hope and stability to the community. Today those founding principles and philosophies still remain along with providing an understanding and developing an appreciation for the African American Pentecostal worship experience. The name of the organization was chosen in honor of the founders Elder Andrew Ridley and his wife who were respected leaders in the community. The church is located in the heart of the African American community, and is playing a fundamental role in the rebirth and revitalization of the surrounding communities including providing cultural awareness and a better appreciation for the importance of preserving historical structures which are directly linked to the rich heritage and a better appreciation for the importance of preserving historical structures. The area during the 1940's was of a struggling community and church was being held in a small house next door to where the sanctuary stands today. As the people came Andrew Ridley organized the church and began to have services in that small house. 7 M As the church membership grew Andrew Ridley and the men of the church planned a church house (which it was called in that day) and acquired the necessary permit in 1948 from the City of Delray Beach to get started in building the sanctuary. The men of the church gathered after work in the evening to build the church. The original church was the lower level for about 5 or 6 years. The members decided to add a second level to the church in which the owner wanted to develop and start a daycare for the community which was well needed at that time. They worked tirelessly at night in order to complete the sanctuary upstairs. The sanctuary was completed in the year of our Lord 1956, services are still being held upstairs to this day. In 1989 under the leadership of Elder Thomas Moore the sanctuary was renovated to include new paneling, extension of the pulpit, and Pulpit furniture, new lighting, and carpeting, pews in the choir stand, and stained glass windows that enhanced the church. The stained glass windows are rectangular weigh round top complete faceted glass depicting the following scenes, Annunciation, Nativity, Child Jesus teaching in the temple, Baptism of Jesus w/John the Baptist, Jesus teaching the Children, Agony in the Garden, Crucifixion, Resurrection from the Tomb, Ascension of Our Lord, the Pentecost, Good Shepherd and Lambs. Over the years Ridley Temple has been and continue to be a church that is therefor the up building of the community. Spiritually we are there to help in the community needs. Our prayers and hope is that we will be able to continue what our forefathers considered as the focal point in enabling the community to grow. 0 M OIV. Statement of Significance Thanks to the determination of Elder Andrew Ridley to maintain the church he built, this building has remained a place of worship and fellowship consistently over the years. As the first church in this community it is the sanctuary for the Church of God in Christ in Delray Beach, Florida. Elder Ridley had a vision and mission to serve the African American community by assisting Migrant workers with a place of worship and a place of refuge for their families in a time of need. He spent his time traveling to the western farm areas ministering and providing religious leadership to those families who needed transportation, clothing and food by bringing them to the church for fellowship with the congregation. The vision and mission of the church along with its historical character has remained a pillar of this community. The outer design and construction has not been altered except for the illumination cross that stood tall as a beacon of light for the community. The cross could be seen throughout the city of Delray and served as a drawing point to lead others to the church for worship. There have been updates to the Windows to add beauty and character to the building. In the early 1960s the down stairs area was utilized as a daycare to assist working mothers with a place to house their children while they worked. The daycare became a place to nurture, feed and teach children about the bible and the need to have God in their lives. The majority of the children that attended the daycare were also members of the church along with their Parents. Although the daycare no longer exists the vision continues to serve the children in the community by teaching them morals and respect for others and provide a place of worship. 0 10 The sanctuary stands today as an example of the type of construction typical in Florida and in Delray Beach in the 1940s. The Masonry Vernacular design of architecture and materials used are signatures of that era. The downstairs was constructed first to allow the members to have a place of worship until the completion of the entire structure. Worship services were held in this area along with feeding of those in need. The architectural design and structure were started and completed by the male members of the church in the early 1950s. The men of the church along with Pastor Ridley worked tireless hours and days to build the church utilizing their money to purchase materials needed to construct the foundation and building. Current Members continue this ritual with assisting with finances for the up keep of the inside and outside of the building with a vision to continue to bring hope and a place of worship to the community. Our main vision and mission is to enrich all involved by presenting the Word of God and exploring African American worship experience with all cultures and nationalities in a way that will inspire others to want to make significant changes in their life and well-being, be it spiritually, mentally or physically. Currently the church has opened its doors to the Haitian community in fellowship and worship on Sunday mornings, by bridging the gap between language and religious beliefs. Our mission will continue to be a service to the community by meeting the needs of others through fellowship and a place for healing. 10 11 V. Architectural Significance The Architectural Style: Masonry Vernacular The original church of (Ridley Temple Church of God in Christ), meet within a small house on the now churches property. Years later the church was removed to make way for an edifice dedicated to God, which stands today. The founding Pastor of the church Elder Andrew W. Ridley along with members from the Community designed and built the church as you see today. The one story building was completed in the year of 1949. The original one-story building was 18"feet wide x 24" long. There are several other small enlargements were added over the years such as the tiling, windows, and pulpit area. The second floor (Sanctuary) was added to the building in the year of 1956 and the entire building is currently 52' feet tall. The construction of the church is a combination of wood frame and concrete block. The foundation is made up of concrete pillars which stand on a concrete foundation. There are stairs which are located in the front of the building which leads you up into the sanctuary. A small one story kitchen was added to the building (North Side) during the year of 1962. The design concept of the church was influenced and inspired by AM Cohen Temple Church of God in Christ in Miami, Florida. The two-story masonry vernacular building with its illuminated cross, stood tall as a beacon of light to the area, provided a sense of pride and dignity to the community. The stucco covered brick building features a low pitched front gable roof with wall projections at either side of the gable. The wooden brackets, under the roof eaves, run the perimeter of the building with the exception of the front facade. The front facade the wall projections appear straight, but you turn the corner to the side of the building, the architect has designed an 11 12 interesting triangular shape that forms a covered entryway on the ground level. The second floor consist of dual entry doors, which the worshipper would enter after walking up a double stair case. The church is graced to have a stair case in the front as well the back. The stair case has elaborately patterned concrete trellis hand rails and balcony rails. Two large(wood and metal)doors on the second level allows the community of believers to enter to them as the Sanctuary or Place of Worship were they would sing songs and hymns, and worship a higher power. In between the doors still sits to this day an original glass block shaped cross. The church sanctuary is flanked on each side with arched stained glass windows displaying pictures in chronological order of their Christian Faith. When entering the sanctuary there are two identical isles which lead to the altar area. The altar consist of the pulpit where the ministers will proclaim the Sunday morning sermon, and also where the choir would sing the Sunday Morning hymn or song. Both sides of the altar area has offices one for the Pastor to study and another for the Church clerk or secretary. The ceiling has been constructed of cedar and pine wood which hold ceiling fans and houses an AC unit for the worshipping services. Outside of the sanctuary are the originally restrooms. One being for the Men and the other for the Women. The ground or lower level is located directly under the sanctuary. A large set of double doors allow you to enter what was once a nursery for children of the local congregation and the community, many generations have graduated from this nursery over the years. Now, the once nursery is being used as a clothing pantry to help clothed less fortunate families in the community, and offend used to feed individuals in the same community. The ground level has three rooms covered in plaster walls, and tiled floors with a 14'ft ceiling. In the north corner of the lower 12 13 level is a storage closet for cleaning items such as mops, brooms, and etc. Chairs and Tables are also located within this lower level. Chairs and table are here if there is to be some type of church event such as a feeding of the community so people will have proper sitting and able to eat at a table. Towards the very back of the lower level about 10 or I1 ' ft from the door is where the nursery was located. Young children from the ages of infants to toddlers would come to learn. Several improvements to the church are planned for the future such as an elevator. At this current time many members of the congregation are elderly and can no longer climb the stairs to hear and participate in the services. Sadly, many elderly saints sit alone downstairs while the services are being conducted upstairs. A second enchantment would be re -illumination of the neon cross, along with the name of the church painted back on the front building under the cross as it was originally designed. Even mentioned was a church marque or display sign to tell others about upcoming events taking place at the church. 13 14 VI. Bibliography and Sources Record Books: Church records and Ridley Temple Members, Leroy Gant (deceased) and Ruby Williams and Thomas Moore. Permit reports: City of Delray Beach site files Florida Master Site Files: April 2015 Delray Historical Society: 14 15 VII. Appendix A: Photographs Elder Andrew Walter Ridley s Fs Superintendent Charles Ridley T V Mother Annie Mae Ridley 4 � i ir"4tl E 15 16 Church Mothers Mother Della I«nom.. Maudemgand ma. Mabelma Elder Thomas yme \� \\ > .-40. 16 _ ORDINANCE NO 01-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING RIDLEY TEMPLE CHURCH OF GOD IN CHRIST, INC., LOCATED AT 102 SW 12TH AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2016" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and, WHEREAS, RIDLEY TEMPLE CHURCH OF GOD IN CHRIST, INC., as property owners, have nominated the property described herein to be designated as a local historic structure; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic structure; and, WHEREAS, on November 18, 2015, the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that the property described herein be designated a local historic structure; and, WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum Staff Report; and, WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan; and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic structure. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1 That the recitations set forth above are incorporated herein. Section 2 That the structure on the described property is hereby designated as a local historic structure in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to -wit: Lots 1 and 13, Block 3, Atlantic Park Gardens, a subdivision of the City of Delray Beach, Florida as per Plat recorded in Plat Book 14, Page 56, of the Public Records of Palm Beach County, Florida together with Lot 14, Block 3, Atlantic Park Gardens, Delray, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 56. Section 3 That the Planning and Zoning Director of said City shall, upon the effective date of this Ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4 That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 5 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 2016. ATTEST: City Clerk First Reading Second Reading - MAYOR 2 Ord No. 01-16 Alpw p1p] IN IAL� RM I (N V# Xo, I I i AW WAMAW __ - r' / C/ fir. 1 .ANNE=% i 9 wAF i 4 5 Iftbw —. eir -'ate•.- ._ _ 1 OW a _ - '4are- Lill� 4 r- SOW I a&! V um �i� 0 I -MMEW - - 41 - ---------- It venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-109, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: January19, 2016 ORDINANCE NO. 04-16: CONSIDERATION TO APPROVE AMENDING TITLE XI, "BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY CREATING CHAPTER 120, "OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS (SECOND READING) Recommended Action: Motion to Approve an amendment to Title XI, "Business Regulations", of the Code of Ordinances of the City of Delray Beach by creating Chapter 120, "Operation and Sale of Food From Mobile Food Trucks". Background: The City Commission authorized a pilot program regulating mobile food trucks for a six- month time period that commenced in September 2014 and was extended twice and expires on February 28, 2016. Food Truck Vendors have been issued a temporary permit to operate under the pilot program. Ordinance No. 04-16 will amend the Business Regulations of the Code of Ordinances by creating a Chapter that sets minimum regulatory standards of conduct for the "Operation and Sale of Food from Mobile Food Trucks". The pilot program regulations were discussed at the June 9, 2015 City Commission Workshop meeting and there was consensus by the Commissioners to move forward with the following recommendations: 1) expand the zoning districts where mobile food trucks can operate to include General Commercial (GC) and Planned Commercial (PC); 2) extend the hours of operation to midnight; and 3) decrease the processing fee and increase the penalty fees. These recommendations have been incorporated into the proposed Ordinance. One regulation that was not discussed during the pilot program was "Canteen Trucks" better known as "lunch trucks". Currently, lunch trucks are observed roaming the City but they are not regulated. Given the magnitude of construction activity in the City, Canteen Trucks have been added as a permitted use under this Ordinance. They will only be allowed to sell pre-packaged foods (see definition Section 120.01(A)(1)(b) in Ordinance No. 04-16)) and vend food to persons engaged on construction sites. As construction occurs throughout the City and is not limited to certain zoning districts, Canteen Trucks will be exempt from Section D: Permitted Zoning Districts for Operation of a Mobile Food Truck, thus allowing them to vend food in residential neighborhoods and in the CBD City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 16-109, Version: 1 zoning districts. However, they have a 15 -minute parking limitation. Administrative Rules and Regulations have been added to Ordinance No. 04-16 and will cover the Mobile Food Vendor permit application requirements, permit fees and the permit renewal procedure, which may be modified from time -to -time. The "Penalty Section" allows a Code Enforcement Officer or Law Enforcement Officer to issue a civil citation for a violation of this Chapter. If multiple violations occur within a one-year time frame, the following fines will be imposed: the first offense is a maximum fine of $325.00, second offense a maximum fine of $500 (if contested) and upon the third offense, the Mobile Food Vendor permit may be revoked. Ordinance No. 05-16 will amend Section 37.45(Q), "Supplemental Code Enforcement Procedures" of the Code of Ordinances to include the associated civil penalties for violations which is being considered under a separate action item. City Attorney Review: Ordinance No. 04-16 was advertised in the Sun -Sentinel on January 11, 2016. Approved as to legal form and sufficiency. Finance Department Review: Finance recommends approval. Finance will work with implementing departments to establish proper accounting and permit issuance and payment procedures. Funding Source: There are no costs associated with this request. Timing of Request: In order for this Ordinance to be approved prior to the expiration date of the pilot program on February 28, 2016, action on this item is somewhat time -sensitive. City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by Legistar'"^ ORDINANCE NO. 04-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING CHAPTER 120, "OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS", PROVIDING REGULATIONS FOR MOBILE FOOD TRUCKS OPERATING WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the food truck industry has expanded over the past five years as consumers have increasingly favored unique, gourmet cuisine at budget -conscious prices; and WHEREAS, the City Commission authorized a pilot program regulating Mobile Food Trucks for a six month time period that commenced in September 2014. The pilot program was extended twice and expires on February 28, 2016; and WHEREAS, approximately 14 Mobile Food Trucks have been issued temporary permits under the pilot program to operate within the City of Delray Beach; and WHEREAS, the people have a right to and should be ensured that food purchased from a Mobile Food Truck is safe for consumption; and WHEREAS, the City Commission has determined that it is in the interest of the health, safety and welfare of the residents of Delray Beach that minimum regulatory standards of conduct be enacted to permit Mobile Food Trucks to continue operating within the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XI, "Business Regulations", of the Code of Ordinances of the City of Delray Beach is amended by creating Chapter 120, "Operation and Sale of Food From Mobile Food Trucks", to read as follows: Sec. 120.01 — OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS. (A) Definitions. For the purpose of this Chapter: (1) Mobile Food Truck means a vehicle which is used to vend food and beverage products and is classified as one of the following_ (a) Class I — Mobile Kitchens. These vehicles may cook, prepare and assemble food items on or in the unit and serve a full menu. These vehicles may also vend the products permitted for Class II Mobile Food Trucks. (b) Class II — Canteen Trucks. These vehicles vend pre-cooked foods, pre-packaged foods, pre-packaged drinks and incidental sales of pre-packaged frozen dairy or frozen water-based food products, fruits and vegetables. No preparation or assembly of food or beverage may take place on or in the vehicle, however, the heating of pre-cooked food is permitted. (2) Mobile Food Vendor means a person who prepares, dispenses or otherwise sells food from a Mobile Food Truck. (13) Administrative Rules and Regulations. The City Manager shall adopt, enact and amend Administrative Rules and Regulations for Mobile Food Trucks. These Administrative Rules and Regulations shall cover the Mobile Food Vendor permit application requirements, permit fees and the permit renewal procedure. (C) Permit Requirements. An -person engaged in the selling, preparation or dispensing of food from a Mobile Food Truck must purchase a Mobile Food Vendor permit in accordance with this Chapter and the Administrative Rules and Regulations promulgated bythe City Manager. An aplicant for a Class I Mobile Food Vendor permit shall make their Mobile Food Truck available for inspection by the City of Delray Beach Fire Department at a location determined by the Fire Department. The City of Delray Beach Fire Department shall ensure compliance with all applicable federal, state and local fire safety statutes regWations, ordinances and codes. Subsequently, every Class I Mobile Food Truck must undergo an inspection by the City of Delray Beach Fire Department every six months. All Mobile Food Vendors must display the Mobile Food Vendor permit issued by the City in a prominent and visible manner. (D) Permitted Zoning Districts for Operation of a Mobile Food Truck. Mobile Food Trucks will be permitted to operate in the following zoning districts: (1) Automotive Commercial (ACS (2) General Commercial (GCS (3) Planned Commercial (PC) (4) Planned Office Center (POCK Planned Commerce Center (PCC (6) Mixed Industrial & Commercial (MICS (7) Planned Office District (POD (8) Mixed Residential Office & Commercial (MROC) () Light Industrial (LI� (1 Q) Industrial (E) Prohibitions. Mobile Food Vendors are prohibited from the following. Selling or distributing alcoholic beverages; (2) Operating in a City park or City parking lots, municipal beach, state road A -1-A and public rights-of-way, municipal cemetery or residentially zoned neighborhoods unless pursuant to a separate agreement with the City; (3) Operating outside of the permitted zoning districts listed in Section 120.01(D) above unless pursuant to a separate agreement with the City or this Chapter; (4) Operating on unimproved surfaces, vacant lots and abandoned business locations; Providing or allowing a dining area, including but not limited to tables, chairs, booths, bar stools, benches and standup counters; (6) Selling or dispensing food to customers in a moving vehicle or otherwise engaging in drive -up sales; (7) Parking a Mobile Food Truck: (a) Within 20 feet of a crosswalk; (b) Within 200 feet of any brick and mortar restaurant or outdoor dining area; (c) Within 15 feet of any fire hydrant or storm drainage structure (F) Food Truck General Regulations. (1) Mobile Food Vendors shall remove all waste and trash at the end of each day. (2) Under no circumstances shall grease be released into the City's sanitary sewer system. No liquid waste or grease is to be disposed in tree Fits or onto the sidewalks, streets or other public spaces. (3) In accordance with the Florida Department of Business and Professional Regulation guidelines, all necessary control measures shall be used to effectively minimize, or eliminate when possible, the presence of rodents, roaches and other vermin and insects on the premises of all Mobile Food Trucks. Each Mobile Food Vendor shall maintain a log containing a written record of the control measures performed by exterminators or other pest control businesses on the Mobile Food Truck. This log shall be open to inspection by City Code Enforcement Officers. (4) Mobile Food Vendors must not engage in food preparation if the vehicle does not provide water and waste systems as required by the Florida Department of Business and Professional Regulation or otherwise fails to meet sanitation and safety requirements. All food service equipment utilized by the Mobile Food Vendor shall be maintained in good repair and a clean condition. ( A Mobile Food Vendor shall use only single -service food utensils. All single -service food utensils such as cups, straws, knives, forks, spoons and stirrers shall be individually wrapped, kept in a clean place, properly handled and shall be used only once. All cups and containers for bulk drinks shall be stored in closed cartons and served from dispensers which protect their rims from contamination by customers, dust, dirt or flies. (7) All pre-packaged food must be individually wrapped and must comply with the labeling requirements provided in 21 CFR Part 101, as amended. No person shall keep or offer for sale individual portions of perishable food products which have been rewrapped or repackaged or portions of which the identifying date on the wrapper has been altered, disfigured or changed in any manner. (G) W erating Requirements. (1) Mobile Food Trucks shall be permitted to operate between 9:00 a.m. and midnight each day of the week. (2) Mobile Food Trucks shall not be parked at one location for longer than six hours. 3) A Mobile Food Truck may overate at a single location up to a maximum of four days per week but no more than three consecutive days. (4) Mobile Food Trucks shall not exceed ten feet in width, including any side extensions of awnings. 24 feet in length, including the length of anv trailer hitch. the trailer or other extensions. (5) Mobile Food Trucks must be self-contained when operating, except for the required trash and/or recycling receptacles, which must be attached to the Mobile Food Truck, and shall not impede free movement of automobiles or pedestrians. The Mobile Food Vendor shall keep all areas within five feet of the Mobile Food Truck clean of grease, trash, paper, cups or cans associated with the vending operation. (6) No more than one Mobile Food Truck shall operate on any property at any one time, except as may be permitted by a special event or special use permit issued by the Ci . Mobile Food Trucks operating at a site for a duration of more than three hours shall have a written agreement, available upon request, which confirms that employees have access to a flushable restroom within 150 feet of the vending location during the hours of operation. (8) Mobile Food Trucks shall be operated only the Mobile Food Vendor permitee or by an authorized employee of such permitee. (H) Befr,geration and HeatingEgui�rnent. All Mobile Food Trucks shall have adequate mechanical refrigeration equipment that is capable of maintaining food or drink at a temperature of 40 degrees Fahrenheit or less, if any food or drink is required to be kept cold. (2) All Mobile Food Trucks shall have adequate mechanical heating equipment that is capable of maintaining food or drink at a temperature of 140 degrees Fahrenheit or more, if any food or drink is required to be kept hot, or capable of heating food or drink to a temperature of 165 degrees Fahrenheit or more, if any food or drink is required to be heated. (3) All mechanical refrigeration and heating equipment shall be equipped with a thermometer. (I) Food Service Provided to Persons Enganed in Construction. Class II Mobile Food Trucks that are being used to provide food and drink to persons engaged in construction in the City of Delray Beach are exempt from the provisions of Section 120.01(D) above, provided such vehicles are only parked for a maximum of 15 minutes. a) Penalty. (1) A Code Enforcement Officer or a Law Enforcement Officer may issue a civil citation for a violation of this Chapter pursuant to the procedures and amounts listed in Section 37.45 of this City's Code of Ordinances. Each violation shall constitute a separate instance for which a separate penalty may be imposed in accordance with the penalties listed below: (a) If the offense is the first offense, a maximum fine of three hundred twenty-five dollars ($325.00) may be imposed. (b) If the offense is the second offense within the preceding 12 months, a maximum fine of five hundred dollars ($500.00) may be imposed. (c) If the offense is the third offense within the preceding 12 months, the Mobile Food Vendor permit may be revoked. (2) For the purposes of this section, "offense" shall mean a finding of violation by the Code Enforcement Board or payment of the noncontested civil penalty in Section 37.450 of this City's Code of Ordinances. An offense shall be deemed to have occurred on the date the violation occurred. An offense occurring 12 months after the last offense shall be treated as a first offense for purposes of incurring new fines and penalties. (3) If, at any time, the Florida Department of Business and Professional Regulation revokes or suspends the Mobile Food Vendor's license, the City's Mobile Food Vendor permit shall be deemed to have been simultaneously revoked or suspended. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 6 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2016. ATTEST: City Clerk First Reading Second Reading - 7 MAYOR venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-110, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: January 19, 2016 ORDINANCE NO. 05-16 CONSIDERATION TO APPROVE AMENDING SECTION 37.45(Q), "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", OF THE CODE OF ORDINANCES, TO INCLUDE ASSOCIATED CIVIL PENALTIES FOR VIOLATIONS OF ORDINANCE NO. 04-16, WHICH IF APPROVED, WILL ALLOW THE OPERATION AND SALE OF FOOD FROM A MOBILE FOOD TRUCK (SECOND READING) Recommended Action: Motion to Approve an amendment to Section 37.45(Q), "Supplemental Code Enforcement Procedures", of the Code of Ordinances to include associated civil penalties for violations pertaining to mobile food trucks. Background: The City Commission authorized a pilot program regulating mobile food trucks for a six-month time period that commenced in September 2014 and was extended twice and expires on February 28, 2016. Food Truck Vendors have been issued a temporary permit to operate under the pilot program. Ordinance No. 04-16 will amend the "Business Regulations" of the Code of Ordinances by creating a Chapter that sets minimum regulatory standards of conduct for the "Operation and Sale of Food from Mobile Food Trucks". Within this ordinance, it sets forth a "Penalty" section, which allows a Code Enforcement Officer or a Law Enforcement Officer to issue a civil citation for non-compliance. If multiple violations occur within a one-year time frame, the following fines will be imposed: the first offense is a maximum fine of $325.00, second offense a maximum fine of $500 (if contested) and upon the third offense, the Mobile Food Vendor permit may be revoked. Ordinance No.05-16 will amend Section 37.45(Q), "Supplemental Code Enforcement Procedures" of the Code of Ordinances to include Mobile Food Trucks fees for the civil penalties, which is the action being requested of the City Commission. City Attorney Review: Ordinance No. 05-16 was advertised in the Sun -Sentinel on January 11, 2016. Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 2 Printed on 1/14/2016 powered by Legistar'"^ File #: 16-110, Version: 1 Finance Department Review: Finance recommends approval. Finance will work with Community Imrovement to develop invoicing and payment procedures for the permits and fines. Funding Source: There are no costs associated with this request. Timing of Request: In order for this Ordinance to be approved prior to the expiration date of the pilot program on February 28, 2016, action on this item is somewhat time -sensitive. City of Delray Beach Page 2 of 2 Printed on 1/14/2016 powered by Legistar'"^ ORDINANCE NO. 05-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37 "DELRAY BEACH CODE ENFORCEMENT"; 37.45 "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES"; SUBSECTION Q "CIVIL PENALTIES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING PROVISIONS PERTAINING TO MOBILE FOOD TRUCKS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City amended Title XI, "Business Regulations", of the Code of Ordinances of the City of Delray Beach by creating Chapter 120, "Operation and Sale of Food From Mobile Food Trucks"; and WHEREAS, the City Commission of the City of Delray Beach desires to amend the civil penalties section of its Code of Ordinances to provide for civil penalties for violations of Chapter 120. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 37 "Enforcement Procedures"; Section 37.45 "Supplemental Code Enforcement Procedures"; Subsection Q "Civil Penalties" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Q) Civil penalties. Code Civil Penalty Code Section Description of Violation Noncontested Contested CITY CODE OF ORDINANCES GARBAGE AND TRASH 51.02 Dumping on private property is prohibited 200.00 275.00 51.03 Garbage placed in containers 150.00 225.00 51.20 (A) and (B) Removal of building materials—Owner's responsibility 100.00 175.00 51.22 Vegetative waste collection 100.00 175.00 51.23 Bulk trash collection 100.00 175.00 51.35- 51.40 Required and approved trash containers, roll- offs, maintenance, replacement 100.00 175.00 51.41- 51.44 Garbage preparation; use of containers 50.00 125.00 51.45 Construction receptacles 150.00 225.00 51.55- 51.59 Special refuse; recycling 100.00 175.00 All other violations of Section 51 100.00 175.00 ABANDONED PROPERTY JUNK, TRASH & DEBRIS 90.02 Allowing wrecked, dismantled, unlicensed or inoperable vehicles or vessels on public property 150.00 225.00 90.03 Allowing wrecked, dismantled, unlicensed, inoperable vehicles or vessels on private property 150.00 225.00 90.07 Allowing repair work outside an enclosed building; storage of dismantled vehicles 150.00 225.00 90.16 Operating junk yard without obtaining required permits 250.00 325.00 All other Section 90 violations 100.00 175.00 FIRE SAFETY 96.02 Inspection required 100.00 175.00 96.04 Open burning prohibited 200.00 275.00 96.05(c) Objects within 5 feet of fire hydrant 150.00 225.00 96.08(B), (C) Storage, discharge or release of hazardous wastes 100.00 150.00 96.16 Adoption of N.F.P.A.-Any other violation of N.F.P.A. 150.00 225.00 GARBAGE ON PRIVATE PROPERTY 98.03(A) Unlawful deposit of garbage 150.00 225.00 98.03(B) I Unlawful accumulation of garbage 150.00 225.00 LITTER ON PRIVATE PROPERTY 98.04(A) Unlawful deposit of litter 150.00 225.00 98.04(6) Unlawful existence of litter 150.00 225.00 98.04(C) Property to remain free of litter 150.00 225.00 LITTER ON BUSINESS 98.05(A) Unlawful deposit of litter in business 150.00 225.00 98.05(B) Unlawful existence of litter in business 150.00 225.00 LITTER IN PUBLIC PLACE 98.06 Unlawful to throw or deposit litter in a public place 250.00 325.00 LITTER ON STREET 98.07(A) Unlawful deposit of litter on sidewalk, parking area, right-of-way or street 250.00 325.00 98.07(B) Unlawful existence of litter on sidewalk, parking area, right-of-way, or street 150.00 225.00 LITTER ON VACANT LOTS ORD. NO. 05-16 98.08(A) I Unlawful deposit of litter on private property 150.00 1 225.00 98.08(B) I Unlawful existence of litter on private property 150.00 225.00 LITTER IN WATER 98.10 Unlawful to deposit litter in water 150.00 225.00 98.20 Unlawful to throw or scatter litter on street, sidewalk, alley, public or private property 150.00 225.00 THROWING LITTER FROM VEHICLES 98.21 Unlawful for driver or passenger to throw or 150.00 225.00 325.00 deposit litter on any street, public place, or 325.00 98.23(A) Waste tire dumpster required to register 250.00 325.00 private property 325.00 98.23(C)(1) Transporting tires without license 250.00 VEHICLES TRANSPORTING REFUSE OR LOOSE MATERIALS 98.22(A) Loose materials blowing or dropping from 200.00 vehicles 275.00 98.22(C) Required watertight vehicle to prevent odors 250.00 and spillage 325.00 98.23 Unlawful dropping litter from aircraft 250.00 325.00 98.23(A) Waste tire dumpster required to register 250.00 325.00 98.23(B) License required for waste tire collection 250.00 325.00 98.23(C)(1) Transporting tires without license 250.00 325.00 98.23(C)(2) Giving false identification 100.00 175.00 98.23(C)(3) Unlawful subcontracting 200.00 275.00 All other sections of Chapter 98 100.00 175.00 NOISE CONTROL 99.03 Unlawful for a person to make unreasonably loud, excessive, or unnecessary noise 250.00 325.00 GENERAL REGULATIONS 100.01(A)(1) Unlawful existence of weeds, undergrowth, brush trash or garbage on property 150.00 225.00 100.01(A)(2) Unlawful existence of weeds, grass, plant life over 12 inches high 150.00 225.00 100.01(A)(3) Unlawful existence of vegetative trash mixed with other refuse 150.00 225.00 100.01(A)(4) Unlawful accumulations of bulky, heavy, unbundled or uncontainerized items 150.00 225.00 100.01(B) The existence of vegetation trees and shrubs that impair traffic safety is prohibited 250.00 325.00 100.01(C) The existence of any vegetation, trees or shrubs that interferes with street lights, signs, sidewalks or other public improvements is prohibited 200.00 275.00 100.01(D) The adjoining public right-of-way must be maintained 150.00 225.00 100.01(E) Pyramid or similar type markers are prohibited 150.00 225.00 100.02 Unlawful debris, vegetation, or structure on property which may create a hazard in times of hurricane 250.00 325.00 100.03 Unlawful accumulation of sand, rock, debris, or spoil on lot 100.00 175.00 3 ORD. NO. 05-16 100.04 Seawall repair is required on all properties 150.00 225.00 101.27(B) adjacent to sand, stream, or body of water 50.00 125.00 100.05(A), Unlawful to maintain standing water where 150.00 225.00 (B) mosquitoes may breed 102.40 Standards for movable newsracks 100.06(A), Unlawful excavation which is in dangerous or 250.00 325.00 (B) unsafe condition; declared a nuisance 50.00 125.00 100.07(A) Any portion of a lot not covered with a 100.00 175.00 250.00 building, structure, parking area, or walkway 102.46 Abandonment 150.00 shall be sodded or covered with appropriate All other violations of Section 102 100.00 ground cover LOCAL BUSINESS TAX RECEIPT 100.07(B) All landscape materials shall be maintained in 100.00 175.00 100.00 a healthy condition 110.08 State license required EXTERIOR BUILDING WALLS 100.08(A) All building walls shall be maintained in a 100.00 175.00 175.00 secure and attractive manner. All defective Failure to get preinspection required for new business 75.00 150.00 material shall be repaired. All loose materials, All other violations of Section 110 100.00 175.00 cornices, trim and window frames shall not be deteriorated, shall be structurally sound, and exposed materials shall be painted. PETS ON THE BEACH, PARKS OR RECREATIONAL FACILITIES STREETS AND SIDEWALKS -CONSTRUCTION, EXCAVATION, AND REPAIR All sections of Chapter 101 except 101.27(B) and 101.36(E)(1) 100.00 175.00 101.27(B) No person shall bring into any park or 50.00 125.00 100.00 municipal beach site, any cat, dog or other 102.20 Construction standards for public r -o -w 100.00 animal without a permit from the Parks and 102.40 Standards for movable newsracks 100.00 Recreation Department 102.42 Certificate of compliance for newsrack 101.36(E)(1) No person shall bring into any recreational 50.00 125.00 100.00 facility any cat, dog, or other animal 102.44 Prohibited locations/site triangle requirement STREETS AND SIDEWALKS -CONSTRUCTION, EXCAVATION, AND REPAIR 102.01(A), (B) Construction in right-of-way (permit required) 100.00 175.00 102.17 Construction on street (permit required) 100.00 175.00 102.20 Construction standards for public r -o -w 100.00 175.00 102.40 Standards for movable newsracks 100.00 175.00 102.42 Certificate of compliance for newsrack 50.00 125.00 102.43 Newsrack standards 100.00 175.00 102.44 Prohibited locations/site triangle requirement 250.00 325.00 102.46 Abandonment 150.00 225.00 All other violations of Section 102 100.00 175.00 LOCAL BUSINESS TAX RECEIPT 110.02 Local Business Tax Receipt required 100.00 175.00 110.08 State license required 100.00 175.00 110.113 Commercial vehicles -Required name (4 inches) to be displayed 100.00 175.00 110.116 Failure to get preinspection required for new business 75.00 150.00 All other violations of Section 110 100.00 175.00 ALARMS ORD. NO. 05-16 112.21 Failure to get alarm registration 50.00 125.00 112.23 Failure to display alarm decal 50.00 125.00 112.26 Failure to respond/verify alarm malfunction 75.00 150.00 112.27 Multiple malfunction violations 1 st offense 0.00 0.00 2nd offense 0.00 0.00 3rd offense 0.00 0.00 4th offense 25.00 50.00 All other violations of Section 112 100.00 175.00 HANDBILLS/SOLICITING 118.02 Unlawful distribution of handbills 100.00 175.00 118.03 Unlawful soliciting and peddling 100.00 175.00 118.06 Failure to pay a business tax for soliciting 100.00 175.00 All other violations for Section 118 100.00 175.00 MOBILE FOOD TRUCKS 120.01 Unlawful operation of a mobile food truck 1 st offense 250.00 325.00 2nd offense 425.00 500.00 SKATEBOARDING 132.09 Unlawful skateboarding/roller skating on sidewalk along Atlantic Avenue between State Road A-1 -A and 1-95 50.00 100.00 All other sections of City Code not mentioned 100.00 175.00 CITY LAND DEVELOPMENT REGULATIONS 4.3.2(A) -(C) Use Determination -Allowed and incompatible uses 200.00 275.00 4.3.3(A) -(Z) Special Uses/District Regulations 200.00 275.00 4.3.4(A) -(K) Development Standards Setbacks; lot coverage; density; zoning matrix 100.00 175.00 4.4.2- 4.4.28 Permitted Uses 250.00 325.00 SIGNS 4.6.7(D)(2) Garish signs 100.00 175.00 4.6.7(E)(1) Permits required for signs 100.00 175.00 4.6.7(F) Sign area, height, setbacks 100.00 175.00 4.6.7(J) Prohibited signs 150.00 225.00 All other violations of Section 4.6.7 100.00 175.00 LIGHTING 4.6.8(A)(1)- (4) Lighting requirements, height, lighting illumination standards 100.00 175.00 PARKING 4.6.9(B)(1)- (5) Parking required 150.00 225.00 4.6.9 (C)(1) Parking design 150.00 225.00 4.6.9 (C)(2) Residential uses (spaces req'd) (a) Single-family 50.00 125.00 ORD. NO. 05-16 ORD. NO. 05-16 (b) Duplexes 75.00 150.00 (c) Multifamily 100.00 175.00 (d) Guest parking 50.00 125.00 4.6.9 (C) (3) Commercial uses 150.00 225.00 4.6.9(C)(4) Office uses 150.00 225.00 4.6.9(C)(5) Industrial uses 150.00 225.00 4.6.9(C)(6) Recreational/Community Facilities 150.00 225.00 All other violations of Section 4.6.9 150.00 225.00 4.6.10 Off loading requirements 150.00 225.00 4.6.11 Outside storage of materials, supplies, products, and vehicles shall only be allowed if specified in the district 250.00 325.00 4.6.13(A) Parking and storage of commercial vehicles, boats, trucks, and similar vehicles in a residential district 250.00 325.00 4.6.13(B) Truck parking -Residential zones -Prohibited boat, trailer, RV storage in residential zones 250.00 325.00 4.6.14 Site triangle visibility of intersections 250.00 325.00 4.6.15 Pool enclosures, requirements 250.00 325.00 LANDSCAPING 4.6.16(A) General requirements 100.00 175.00 4.6.16(B) Applicability 100.00 175.00 4.6.16(C) Compliance, review 100.00 175.00 4.6.16(D) Site plan requirements 150.00 225.00 4.6.16(E) Design standards 100.00 175.00 4.6.16(F) Irrigation requirements 100.00 175.00 4.6.16(G) Prohibited species 150.00 225.00 4.6.16(H) Minimum requirements (1) Single Family (new) 50.00 125.00 (2) Duplex (new) 75.00 150.00 (3) Multi -Family, Commercial, Industrial (new) 150.00 225.00 (4) Multi -Family, Duplex, Commercial, and Industrial(existing) 100.00 175.00 (5) Sight distance req'd (ref. Section 4.6.14) 250.00 325.00 4.6.16(1) Minimum requirements (1) General 100.00 175.00 (2) Pruning/hatracking 200.00 275.00 4.6.17 Soil erosion all sections 100.00 175.00 5.1 Subdivision Regulations all sections 100.00 175.00 5.3 Right -of -Way Dedication all sections 100.00 175.00 WORK IN PUBLIC RIGHT-OF-WAY 6.3.2 Permit required for work in public right-of-way 100.00 175.00 SIDEWALK CAFE REQUIREMENTS 6.3.3(A) Permit required 100.00 175.00 6.3.3(F) Design Guidelines 6.3.3(F)(1)- (13) Path of egress, no table zones, hours of operation, cleanliness, etc. 150.00 225.00 ORD. NO. 05-16 BUILDING REGULATIONS 7.1.2 Required plans and permit 100.00 175.00 7.1.3 Florida Building Code (all sections) 100.00 175.00 7.1.3(B)(1)- (4) Florida Building Code Standards 100.00 175.00 7.1.4 Property Maintenances; Building Standards 7.1.4(C)(1) Buildings 150.00 225.00 (a), (b) Safety 150.00 225.00 7.1.4(C)(2) Debris/Storage on partially vacant lot 150.00 225.00 7.1.4(D)(1) Hurricane precautions (a) Required canvas awnings, tents to be removed 150.00 225.00 (b) Construction materials to be secured 250.00 325.00 (c) Outdoor furniture and materials to be secured 250.00 325.00 7.1.4(D)(2)(b Required repairs after hurricane (unsafe structure) 250.00 325.00 7.1.5(B)(1)(2 Required numbers on buildings 100.00 175.00 7.1.5(C) Required display and size of numbers- Visible from street 50.00 125.00 7.1.7 Seawalls required to be in good repair 100.00 150.00 ELECTRICAL CODE 7.2.1(A)(1), 2) Required electrician for work 100.00 175.00 7.2.1(A)(1), (3) Required sign electrician for work 100.00 175.00 7.2.1 (B) National Elec. Code and National Fire Code adopted by reference violations 100.00 175.00 7.2.1(C) Allowing another person to obtain permit or do work under your license 200.00 275.00 7.2.2(A)(1)- (3) Required plans and installation methods 100.00 175.00 7.2.2(B) Concealing work before final 150.00 225.00 7.2.2(C) Using non -approved apparatus/fixtures 200.00 275.00 7.2.5(C) Interfering with enforcement 150.00 225.00 All other Section 7 violations 100.00 175.00 BUILDING MAINTENANCE 7.8.3 1 Buildings shall be maintained by Owner 100.00 175.00 STANDARD HOUSING CODE THROUGH LDR SECTIONS 7.4.1 AND 7.8.3 101.4.1- 101.4.4 Repairs required on existing buildings 100.00 175.00 101.6 Maintenance of buildings; safeguards; owner responsible 100.00 175.00 103.2 Unsafe residential buildings to be repaired or demolished 250.00 325.00 301 Occupying or allowing occupation of a substandard building 150.00 225.00 ORD. NO. 05-16 302.1- 302.4 Required sanitary & plumbing facilities 100.00 175.00 302.5.1- 302.5.6 Required heating facilities 100.00 175.00 302.6 Required kitchen facilities 100.00 175.00 303.1 Required windows 100.00 175.00 303.2 Required ventilation 100.00 175.00 303.3 Required bathroom ventilation 100.00 175.00 303.4 Required electrical outlets 100.00 175.00 305.1- 305.23.2 Doors, windows and screen requirements 100.00 175.00 306.1- 306.4 Minimum space requirements 100.00 175.00 307.1- 307.6 Sanitation requirements for multi -family 150.00 225.00 308.1- 308.7 Rooming house requirements 150.00 225.00 309.1- 309.6 Dangerous dwellings 250.00 325.00 All other sections of Standard Housing Code not mentioned 100.00 175.00 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of )2016. ATTEST City Clerk First Reading Second Reading MAYOR 8 ORD. NO. 05-16