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06-21-2016 Regular Agenda Meeting
City 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 Regular Meeting at 6:00 PM Tuesday, June 21, 2016 Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz Commissioner Shelly Petrolia 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 June 21, 2016 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRESENTATIONS: 4. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5. AGENDA APPROVAL 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. APPROVAL OF MINUTES Recommendation: Motion to Approve various sets of minutes as listed below: February 9, 2016 Special Meeting February 9, 2016 Workshop Meeting May 10, 2016 Workshop Meeting May 31, 2016 Special Meeting June 10, 2016 Special Meeting June 14, 2016 Special Meeting Attachments: February 9, 2016 Special Meeting Minutes February 9, 2016 Workshop Meeting Minutes May 10, 2016 Workshop Meeting Minutes May 31, 2016 Special Workshop Meeting Minutes June 10, 2016 Special Meeting Minutes June 14, 2016 Special Meeting Minutes 6.13. AWARD TO CALVIN GIORDANO & ASSOCIATES, INC. IN A NOT -TO -EXCEED AMOUNT OF $75,000 AND THE MELLGREN PLANNING GROUP IN A NOT -TO -EXCEED AMOUNT OF $75,000 FOR GENERAL PLANNING SERVICES Recommendation: Motion to award RFP 2016-067 to Calvin Giordano & Associates, Inc., and to The Mellgren Planning Group for general planning services for the Planning, Zoning and Building Department Sponsors: Purchasing Department City of Delray Beach Page 3 Printed on 7/21/2016 City Commission Regular Commission Meeting June 21, 2016 Attachments: Purchasing Checklist RFQ 2016-067 RFQ 2016-067 Tab RFQ 2016-067 Ranking and Sign -In Sheet 6.C. HOUSING REHABILITATION GRANT AWARD FOR 19 N.W. 11th AVENUE IN THE AMOUNT OF $59,346.26 Recommendation: Motion to approve a housing rehabilitiation grant in the amount of $ 59,346.26 to CJ Contracting, LLC and a motion to waive the $37,000 maximum grant award established for housing rehabilitation projects under the Neighborhood Services Divisions approved Policies and Procedures, funded under the Community Development Block Grant (CDBG) Program for the property located at 19 N.W. 11th Avenue, Delray Beach, FL. Sponsors: Community Improvement Attachments: Packet for Bid 2016-072 Pirl Infnrmnfinn Contract -Haynes Jr. Eddie Lien Agreement (CDBG) Memorandum of Understanding - Haynes Jr. Eddie Notice to Proceed- Haynes Jr. Eddie 6.D. SERVICE AUTHORIZATION NO. 12-08 WITH DAVID MILLER & ASSOCIATES, PA. FOR DESIGN AND GENERAL CONSTRUCTION ADMINISTRATION RELATED TO THE FIRE STATION NO.2 EMERGENCY GENERATOR PROJECT Recommendation: Motion to approve Service Authorization No. 12-08 with David Miller & Associates in the amount not to exceed $15,250 for professional engineering services and construction administration support services for the Fire Station No. 2 Emergency Generator Upgrade Project; Project No. 16-011. Sponsors: Environmental Services Department Attachments: David Miller S.A. No. 12-08 Fire Station No. 2 Location Map 6.E. PRIOR APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000 WITH SHENANDOAH GENERAL CONSTRUCTION, CO. Recommendation: Motion to approve an increase in spending limit with Shenandoah General Construction, Co., in a total not -to -exceed amount of $150,000.00 for fiscal year 2016. Sponsors: Purchasing Department Attachments: Purchasing Checklist Proposal - Sea Sage CIPP Lining 6.F. WORKFORCE HOUSING COVENANT FOR THE METROPOLITAN AT DELRAY, LLC. City of Delray Beach Page 4 Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting Motion to Approve the Workforce Housing Covenant between the City of Delray Beach and The Metropolitan at Delray, LLC ., and the Delray Beach Community Land Trust (DBCLT) pursuant to the requirements under Section 4.7 of the Land Development Regulations, Section 4.4.13(I)(1), "Central Business District - Commercial Core". Recommendation: Sponsors:Community Improvement The Metropolitan Signed CovenantAttachments: APPROVE A CHANGE ORDER TO EMERGENCY VEHICLES, INC. IN THE AMOUNT OF $2,285 6.G. Motion to Approve a change order in the amount of $2,285 for the purpose of additional accessories for the Police Mobile Command Unit. Recommendation: Sponsors:Purchasing Department Delray Beach Addendum 1Attachments: APPROVE THE MAYOR'S EXECUTION OF THE GRANT ACKNOWLEDGMENT FORM AND SUBMITTAL OF A GRANT APPLICATION FOR ALTERNATIVE WATER SUPPLY FUNDING FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR FY 2017 TO SUPPORT THE EXPANSION OF THE CITY’S RECLAIMED WATER SYSTEM. 6.H. Motion to approve a grant application and the Mayor's execution of the required Acknowledgement form for Alternative Water Supply funding from the South Florida Water Management District, for FY 2017 to support the expansion of the City’s reclaimed water system. Recommendation: Sponsors:Environmental Services Department Alternative Water Supply Grant Application A.pdf Districts receipt of Grant Application 20160519_1053.pdf SFWMD Grant Appl Acknowledgement Form for Mayor Acknowledgement by City Manager Grant Administration Policy BF-24 Attachments: GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) 6.I. Motion to approve application for the 2016 Edward Byrne Memorial Justice Assistance Grant in the amount of $35,468.00 Recommendation: Sponsors:Police Department Project Abstract Program Narrative Budget Detail Worksheet and Budget Narrative Review Narrative Applicant Disclosure Attachments: FISCAL YEAR 2016 SPENDING LIMIT INCREASE WITH INTERLINE BRANDS INC., DBA SUPPLYWORKS IN AN AMOUNT OF $25,000 6.J. Page 5 City of Delray Beach Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting Motion to approve a $25,000 spending limit increase for Fiscal Year 2016 with Interline Brands Inc., DBA Supplyworks for purchases of janitorial supplies. Recommendation: Sponsors:Purchasing Department 2016-014 Notice of Award 2016-014 Award Tab Sheet Attachments: CONTRACT WITH MUNICIPAL CODE CORPORATION FOR THE PRINTING AND MAILING OF UTILITY BILLS UTILIZING THE CITY OF SARASOTA CONTRACT 6.K. Motion to approve a contract with Municipal Code Corporation utilizing the City of Sarasota Contract No. 12-02 LKD in a not-to-exceed amount of $140,000. Recommendation: Municode Letter of intent to allow piggybacking of contract - Best Price Letter City of Sarasota RFP and Contract Attachments: FY 2014 DOMESTIC PREPAREDNESS GRANT (FEDERAL GRANT # EMW-2014-SS-00097-S01) 6.L. Motion to accept grant funding from the FY 2014 State Homeland Security Grant Program for the amount of $14,840.00 from the state homeland security grant program for the fire-rescue department. Recommendation: Sponsors:Fire Rescue Department FY14 Agreement Delray BeachAttachments: FY 2015 DOMESTIC PREPAREDNESS GRANT (FEDERAL GRANT #EMW-2015-SS-00083-S01) 6.M. Motion to Accept grant funding from the FY 2015 State Homeland Security Grant Program for the amount of $41,866.00 from the State Homeland Security Grant Program for the Fire-Rescue Department. Recommendation: Sponsors:Fire Rescue Department 2015 FDEM SubGrant Agreement-Delray Bch FR 2015 FDEM Award Letter Delray Bch FR Attachments: HOUSING REHABILITATION GRANT AWARD FOR 1621 N.E. 3rd AVENUE IN THE AMOUNT OF $29,670.70 TO COSUGAS, LLC. 6.N. Motion to approve the award of housing rehabilitation grant for 1621 N.E. 3rd Avenue in the amount of $ 29,670.70 to Cosugas, LLC . Recommendation: Sponsors:Community Improvement Packet for Bid 2016-099 Bid Information Sheet Contract - Jean-Philippe Lien Agreement Memorandum of Understanding Notice to Proceed Attachments: Page 6 City of Delray Beach Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting HOUSING REHABILITATION GRANT AWARD TO CJ CONTRACTING, LLC IN THE AMOUNT OF $26,300.60 6.O. Motion to approve the award of a Housing Rehabilitation grant to CJ Contracting LLC for housing rehabilitation services at 18 Swinton Gardens in the amount of $26,300.60. Recommendation: Sponsors:Community Improvement Packet for Bid 2016-084 Bid Information Sheet Contract - Thaddies SHIP Lien Agreement Memorandum of Understanding Notice to Proceed Attachments: APPROVAL OF PURCHASES FROM FEDERAL EASTERN INTERNATIONAL, INC UTILIZING THE STATE OF FLORIDA CONTRACT 6.P. Motion to approve purchases from Federal Eastern International, Inc. for fiscal year 2016 in an amount not-to-exceed $45,000 utilizing the State of Florida Contract No. 680-850-11-1 Recommendation: Sponsors:Purchasing Department and Webb 680-850-11 Contract State Contract - Suppliers Best_Price_DB Contractors - Point Blank Enterprises, Inc (1) Attachments: 6.Q. PROCLAMATIONS: AMATEUR RADIO WEEK - JUNE 20, - JUNE 26, 20166.Q.1. Sponsors:City Clerk Department AMATEUR RADIO WEEKAttachments: REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: REPORT OF APPEALABLE LAND USE ITEMS MAY 23, 2016 THROUGH MAY 27, 2016. 6.R. By motion, receive and file this report. Recommendation: Sponsors:Planning and Zoning Board Page 7 City of Delray Beach Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting 6-21-16 City Document Map 630 George Bush Blvd Linton Square Marketplace of Delray Delray Place Our Boat House III Attachments: 6.S. AWARD OF BIDS AND CONTRACTS: 7. REGULAR AGENDA: CONDITIONAL USE REQUEST TO ALLOW THE ESTABLISHMENT OF A VETERINARY CLINIC FOR OCEANSIDE VETERINARY CLINIC, 836 SE 5TH AVENUE (QUASI-JUDICIAL HEARING) 7.A. Approve the Conditional Use request to allow a veterinary clinic pursuant to LDR Section 4.4.9(D)(14), for Oceanside Veterinary Clinic 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(E)(5), and Chapter 3 of the Land Development Regulations with the following conditions: 1.That the applicant submit an application for Class I site plan modification which provides: i.An additional roll -out cart to ensure that overflow of trash will not occur. ii.Security cameras installed at the entrance and at the parking lot. iii.Hedge screening near the roll -out carts continues along the north side of the refuse/ storage area and a portion of the hedge screening the refuse area is cut back to allow the roll -out carts access to the curb. iv.A note be placed on the site plan stating that the hedge located along the west property line shall be maintained at a minimum height of 4 ½ feet. Recommendation: Sponsors:Planning and Zoning Board Oceanside Veterinary Clinic - Commission Report.doc Board Order Planning and Zoning Board Staff Report DRAFT Planning and Zoning Board Minutes - May 16 2016 Attachments: ROUTINE BUSINESS: (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) 7.B. Page 8 City of Delray Beach Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting Sponsors:City Clerk Department PURCHASE AWARD TO CROSS MATCH TECHNOLOGIES INC.7.B.1. Motion to award a purchase in the total amount of $22,639.99 with Cross Match Technologies Recommendation: Sponsors:Police Department Interface Quote Statement of Work Delray Beach PD SOW Tier 1 OSSI Sungard Attachments: AWARD OF A PURCHASE FOR DATA STORAGE UNITS AND SUPPORT MAINTENANCE TO KATEK SOLUTIONS 7.B.2. Motion to Award a purchase order to Katek Solutions for data storage units and one year of support maintenance in the amount of $32,679.46 Recommendation: Sponsors:Purchasing Department Tab Sheet 2016-113L Solicitation Due Diligence Attachments: CONTRACT WITH PNC BANK FOR BANKING SERVICES UTILIZING A SOUTH BROWARD HOSPITAL DISTRICT CONTRACT IN A NOT-TO-EXCEED AMOUNT OF $130,000. 7.B.3. Motion to approve an Agreement with PNC Bank for comprehensive banking services using the South Broward Hospital District contract. Recommendation: Sponsors:Purchasing Department Page 9 City of Delray Beach Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting 12-05-12_minutes Attachment C References Attachment D Memorial Healthcare Word Proposal Business Associate Agreement PNC SBHD 03292013 City of Delray Beach-PNC Letter 4.6.16 Copy of Attachment A SBHD Banking Services Questionnaire Final Copy of Attachment B SBHD Banking Services RFP Pricing Workbook Final Copy of Attachment B Supplement PNC Proforma 100% Imaged Lockbox Recommendation.xls Copy of Exhibit III Sample PNC Implementation Timeline Executed by PNC MHS and MHN Comp Agreement and 16 TC Agmts03292013 Exhibit I Certificate of Secretary of State Exhibit I PNC Tax ID W-9 Exhibit II PNC Bank Contact Exhibit III Sample PNC Healthcare Advantage Playbook Table of Contents Exhibit IV PNC-Business-Resiliency-Plan-Client-Document-ver-2012.1 Exhibit V Penn Medicine Prognosis_FINAL_949167_01 Exhibit VI PNCAdvGovernmentMM Florida Statutes on Public Entity Crimes PNC Treasury Contract - Finance Committee and Board Minutes documenting selection 2012 RFP Final Banking Services Attachments: APPEAL/SETAC DECISION 2017 GARLIC FEST CITY OF DELRAY7.C. Sponsors:City Clerk Department 2017 GF Appeal to City Manager 2017 GF NOTES AND CHANGES 06102016 - Appeal SETAC Decision 2017 Delray Beach Garlic Fest Attachments: FIRST AMENDMENT TO THE THE INTERLOCAL AGREEMENT WITH THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR FY 2015-2016 7.D. Motion to approve the First Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) for funding of construction and professional services to revise the funding amounts for projects approved in the CRA's final FY 2015-2016 Budget Amendment. Recommendation: Sponsors:Environmental Services Department 1st Amendment to the Interlocal Agreement with the CRA for Professional Services FY 15/16Attachments: FIFTH AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH FLORIDA AND OLD SCHOOL SQUARE, INC. FOR OLD SCHOOL SQUARE CAMPUS 7.E. Motion to Approve Fifth Amendment to Lease Agreement Between City Recommendation: Page 10 City of Delray Beach Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting of Delray Beach, Florida and Old School Square, Inc. (“OSS”) for Old School Square Property Sponsors:City Manager Department Proposed Amendment No 5 to OSS Lease Agreement Management Agreement - Amendment 4 Management Agreement - Amendment 3 Management Agreement - Amendment 2 Management Agreement Original - 1990 Management Agreement - Amendment 1 Lease Agreement - Original Lease Agreement - Amendments 1 - 4 Attachments: PURCHASE AWARD TO MACMILLAN OIL COMPANY, LLC FOR BULK FUEL, GASOLINE, AND DIESEL FUEL 7.F. Motion to approve a one year purchase award to MacMillan Oil Company, LLC, in an amount not to exceed $1,500,000 for bulk gasoline and diesel fuel utilizing Florida State Contract #405-000-10-1. Recommendation: Sponsors:Purchasing Department Purchasing Checklist Best Price Letter State Fuel Contract-Vendor Markup Sheets Attachments: APPOINTMENT OF AN INTERIM CITY ATTORNEY7.G. Appoint an Interim City Attorney upon the resignation of Mr. Noel Pfeffer. Recommendation: Sponsors:City Clerk Department Section 4.07, 4.08 and 4.09 re Legal CounselAttachments: NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD. 7.H. Recommend nomination for appointment for one (1) regular member to serve on the Downtown Development Authority Board for three (3) year terms ending July 1, 2019. Recommendation: Sponsors:City Clerk Department Exhibit A Downtown Development Authority Board Members List Downtown Development Authority Board Attendance List Downtown Development Authority (D.D.A.) Boundary Map Attachments: RECOMMENDATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY BOARD 7.I. Recommendation for appointment for one (1) regular member to serve on the Delray Beach Housing Authority Board for a four (4) year term Recommendation: Page 11 City of Delray Beach Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting ending July 14, 2020. Sponsors:City Clerk Department Exhibit A Delray Beach Housing Authority Board Member List Delray Beach Housing Authority Attendance List Attachments: NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD7.J. Recommend nomination for appointment for one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2018. Recommendation: Sponsors:City Clerk Department Exhibit A Code Enforcement Board Member List Code Enforcement Attachments: 8. PUBLIC HEARINGS: ORDINANCE NO. 15-16, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3, SPECIAL REQUIREMENTS FOR SPECIFIC USES, SUBSECTION (A), SELF-SERVICE STORAGE FACILITIES, TO REVISE THE ASSOCIATED SPECIAL REQUIREMENTS; AMEND SECTION 4.4.26 LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION (B), PRINCIPAL USES AND STRUCTURES PERMITTED, TO LIST SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USE; AND SUBSECTION (D), CONDITIONAL USES AND STRUCTURES ALLOWED, TO REMOVE SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE. (FIRST READING/ FIRST PUBLIC HEARING) 8.A. Approve Ordinance No. 15-16 on First Reading/FIrst Public Hearing for the amendments to Land Development Regulation Sections 4.3.3(A), Self-Service Storage Facilities, and 4.4.26, Light Industrial District, as presented. Recommendation: Sponsors:Planning & Zoning Department Ordinance No. 15-16 LI Zoning Locations LI Self-Service Storage Facilities PZSR051616 Attachments: ORDINANCE 14-16, AMENDING SECTION 4.4.29 “MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT” TO AMEND THE PURPOSE TO EMPHASIZE TRANSIT-ORIENTED DEVELOPMENT PATTERNS; TO REMOVE THE REQUIREMENT FOR A MASTER DEVELOPMENT PLAN FOR PARCELS UNDER THREE ACRES; TO REDUCE THE LANDSCAPE BUFFER REQUIREMENT FOR CERTAIN PROPERTIES; TO REDUCE THE FRONT SETBACKS FROM CONGRESS AVENUE; TO INCREASE THE REAR SETBACK REQUIREMENTS FOR PROPERTIES ADJACENT TO THE CSX RAILWAY; TO INCLUDE SELF-SERVICE 8.B. Page 12 City of Delray Beach Printed on 7/21/2016 June 21, 2016City Commission Regular Commission Meeting STORAGE FACILITIES AS A PERMITTED USE WITH SPECIFIC FLOOR AREA RATIO, BUILDING HEIGHT, FLOOR HEIGHT, SETBACK AND OTHER DESIGN REQUIREMENTS; TO INITIATE A BONUS PROGRAM FOR SELF SERVICE STORAGE FACILITIES TO ALLOW THESE FACILITIES MORE SQUARE. FOOTAGE IN EXCHANGE FOR THE PROVISION OF CERTAIN COMMUNITY BENEFITS; DELETING OUTDATED LANGUAGE, CORRECTING REFERENCES AND MAKING OTHER TECHNICAL CHANGES. (SECOND HEARING) Motion to Approve Ordinance No. 14-16 on Second Reading for the amendment to Land Development Regulation Section 4.4.29, Mixed Residential, Office and Commercial (MROC) District, as presented. Recommendation: Sponsors:Planning & Zoning Department Ordinance 14-16 MROC Self Service Storage Facilities Planning and Zoning Staff Report Congress Avenue Map MROC Attachments: ORDINANCE NO. 16-16: BUSINESS TAX RECEIPTS (SECOND READING).8.C. Motion to Approve on second reading Ordinance No. 16-16 amending Section 110.15, "Local Business Tax Schedule" of the Code of Ordinances to add new business classifications and to provide for 5% increase in the local business tax schedule. Recommendation: Sponsors:Community Improvement Ordinace 16-16 Business Tax Schedule Increase_revJR Business Tax Receipt Survey 2016 Attachments: 9. FIRST READINGS: 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager 10.B. City Attorney 10.C. City Commission Page 13 City of Delray Beach Printed on 7/21/2016 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-627,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin THROUGH: Donald B. Cooper, City Manager DATE: June 16, 2016 APPROVAL OF MINUTES Recommended Action: Motion to Approve various sets of minutes as listed below: February 9, 2016 Special Meeting February 9, 2016 Workshop Meeting May 10, 2016 Workshop Meeting May 31, 2016 Special Meeting June 10, 2016 Special Meeting June 14, 2016 Special Meeting City of Delray BeachPage 1 of 1Printed on 6/16/2016 powered by Legistar™ SPECIALMEETING FEBRUARY 9, 2016 A SpecialMeeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glicksteinin the Commission Chambersat City Hall at 5:00p.m., on Tuesday, February 9, 2016. Roll call showed: Present -Vice MayorShelly Petrolia Commissioner MitchellKatz Commissioner Jordana Jarjura MayorCary Glickstein Absent -Deputy Vice Mayor Alson Jacquet Also present were -Donald B. Cooper,City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glicksteincalled the Specialmeeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1.CLOSED ATTORNEY/CLIENT SESSIONpursuant to F.S. 286.011(8) re: Edwards CDS, LLC v. City of Delray Beach, Florida, Case No. 502015CA007155XXXXMB AE. Attendees:Mayor Cary D. Glickstein Vice MayorShelly Petrolia Deputy Vice-MayorAl Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz City Manager Donald B. Cooper City Attorney Noel Pfeffer Jamie Alan Cole, Special Counsel A certified court reporter Purpose:Discuss settlement strategy related to the above case. Mayor Glickstein gave a brief overview regarding the Closed Attorney/Client Session. He explained that the meeting would include the list of attendees as outlined above. The session would last about sixty (60) minutes. All Attendees met in the First Floor Conference Room for the Closed Door Attorney/Client Session. Mayor Glickstein reconvened the Special Meeting at 6:11p.m.and stated the Closed Session is terminated. Mayor Glicksteinadjourned the SpecialMeeting at 6:11p.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 Special Meeting of the City Commission held on Tuesday, February 9, 2016,which Minutes were formally approved and adopted by the City Commission on _________________________. ________________________________ City Clerk NOTE TO READER:If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. 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"?+ '/0!&,*+8" ,"@A=@ABC=@ 0 <+"B City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-476,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer, Purchasing THROUGH: Donald B. Cooper, City Manager DATE: June 07, 2016 AWARD TO CALVIN GIORDANO & ASSOCIATES, INC. IN A NOT-TO-EXCEED AMOUNT OF $75,000 AND THE MELLGREN PLANNING GROUP IN A NOT-TO-EXCEED AMOUNT OF $75,000 FOR GENERAL PLANNING SERVICES Recommended Action: Motion to award RFP 2016-067 to Calvin Giordano & Associates, Inc., and to The Mellgren Planning Group for general planning services for the Planning, Zoning and Building Department Background: The Planning, Zoning & Building Department requires a group of planning consultants that can assist the Department in a variety of planning functions. RFP 2016-067 was issued on February 23, 2016 for general planning services. Responses were received from two (2) consulting firms, Calvin Giordano & Associates, Inc., and The Mellgren Planning Group. The selection committee evaluated the responses based upon the criteria in the RFP. The committee agreed that both firms offered exceptional qualities and abilities that would benefit the Planning, Zoning and Building Department. Each had certain areas of expertise. Additionally, both had considerable expertise in urban design should the City require this type of service. The committee determined that with the capabilities of both firms, many of the City professional service needs could be fulfilled. This recommendation to award an agreement to Calvin Giordano & Associates Inc., in a not-to- exceed amount of $75,000 and the Mellgren Planning Group in a not-to-exceed amount of $75,000 is made in accordance with Code of Ordinances, Chapter 36, Section 36.02(A), Sealed Competitive Method for acquisition of non-real property, goods or services where expenditure is estimated to be greater than $25,000. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommnds approval. Funding Source: Funding is available from001-2511-515.31.90 (Other Professional Services). City of Delray BeachPage 1 of 1Printed on 6/16/2016 powered by Legistar™ $25,000andabove 4 4 4 AWARD TO CALVIN GIORDANO & ASSOCIATES, INC. AND THE MELLGREN PLANNING GROUP FOR GENERAL PLANNING SERVICES, IN RESPONSE TO RFQ 2016-167. City of Delray Beach Planning Services Consultant RFQ No. 2016-067 March 15, 2016 CALVIN, GIORDANO & ASSOCIATES, INC. 1800 Eller Drive Suite 600 Fort Lauderdale, FL 33316 Shelly Eichner, AICP Senior Vice President T: (954) 921-7781 F: (954) 921-8807 marketing@cgasolutions.com THE MELLGREN PLANNING GROUP 3350 NW 53rd Street Suite 101 Fort Lauderdale, FL 33309 Michele Mellgren T: (954) 475-3070 michele@floridaplanning.net RFQ Opening: March 15, 2016 @ 3:00 p.m. Posted: March 16, 2016 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-522,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 HOUSING REHABILITATION GRANT AWARD FOR 19 N.W. 11th AVENUE IN THE AMOUNT OF $59,346.26 Recommended Action: Motion to approve a housing rehabilitiation grant in the amount of $ 59,346.26 to CJ Contracting, LLC and a motion towaive the $37,000 maximum grant award established for housing rehabilitation projects under the Neighborhood Services Divisions approved Policies and Procedures, funded under the Community Development Block Grant (CDBG) Program for the property located at 19 N.W. 11th Avenue, Delray Beach, FL. Background: The City has been allocated $408,124 of Community Development Block Grant (CDBG) funds through the U.S. Department of Housing and Urban Development (HUD) to provide for the renovation or repair of existing substandard homes. The rehabilitation of these homes addresses building and code violations, interiors and exteriors of the homes, electrical and plumbing problems, health and safety issues, and the retrofit of special items for those with special needs. An Invitation to Bid 2016-072 was issued on February 18, 2016 for Housing Rehabilitation work to be conducted at 19 NW 11th Avenue. CJ Contracting, LLC., was the lowest responsive, responsible bidder.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 costs may be incurred for lead clearance test(s). Inspection of rehabilitation work will be done by the City Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the grant recipient property owner. The City remains the agent and Community Improvement monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. The grant recipient has met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the home to minimum code requirements by repairing the roof, electric and plumbing systems. All unused funds will remain with the Housing Rehabilitation Program. This motion to award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (A) (1) Competitive Bids. City of Delray BeachPage 1 of 2Printed on 6/16/2016 powered by Legistar™ File #:16-522,Version:1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Community Development Block Grant118-1963-554-49.19$ 59,346.26 Timing of Request: Grant agreement(s) have a deadline of September 30, 2016 to expend FY funds. City of Delray BeachPage 2 of 2Printed on 6/16/2016 powered by Legistar™ Solicitation 2016-072 Housing Rehabilitation Program 14-511 Bid Designation: Public City of Delray Beach Bid 2016-072 Housing Rehabilitation Program 14-511 - - $55,441.74 (This price is expected - not guaranteed) Bid Start Date Bid End Date Question & Answer End Date -243- One Time Purchase 90 days Feb 25, 2016 11:30:00 AM EST Pre- Attendance is mandatory Location: City Hall First Floor Conference Rm 100 NW 1st Avenue, Delray Beach, FL. : Housing Rehabilitation Program Bid Comments Item Response Form 2016-072--01-01- 1 job City of Delray Beach Neighborhood Services Qty 1 Expected Expenditure Description Housing Rehabilitation Program 14-511 Mar 10, 2016 3:30:00 PM EST MAYOR- CARY D. GLICKSTEIN VICE MAYOR- SHELLY PETROLIA DEPUTY VICE MAYOR- AL JACQUET COMMISSIONER- JORDANA JARJURA COMMISSIONER- MITCH KATZ CITY MANAGER-DONALD B. COOPER Purchasing Department (561) 243-7161purchasing@mydelraybeach.com Purchasing Department (561) 243-7161 purchasing@mydelraybeach.com Neighborhood Services Housing Rehabilitation Program (14-511) Vendor Name: Addenda Enclosed _______ thru ______ Submission Deadline: March 10, 2016 3:30P.M. Submissions Accepted Via:Mail or in Person Submit to: City of Delray Beach Purchasing Division st 100 NW 1Avenue Delray Beach, FL 33444 Comments:A fax or electronic copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: Bid No. 2016-072 BIDNO:2016-072TITLE:Housing Rehabilitation Program 14-511 ISSUE DATE: February 18, 2016DEPARTMENT: Community Improvement (Neighborhood ServicesDivision) DUE DATE: March 10,2016TIME: 3:30 PM 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: Housing Rehabilitation Program MANDATORY PRE-BID CONFERENCE:February 25,2016@11:30AM DUE DATE: March 10, 20163:30PMat which time all bids will be publicly opened and read. INSTRUCTIONS BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync –www.bidsync.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. Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 2 . To ensure a timely response, inquiries should March 03, 2016at 5:00 p.m be made by . 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 one hundred eighty days (180) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 5 INSPECTION OF SITE Each bidder should visit the site of the proposed work prior to pre-bid mandatory conference and fully acquaint himself with the existing conditions there relating to construction and labor and should fully inform himself as to the facilities involved, thedifficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligations under it due to his failure to received or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the City of Delray Beach will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. 2.ALTERNATIVE BIDS No alternative bids will be considered unless specifically requested by the Neighborhood Services Division. 3.BID GUARANTY a.The Bid must be accompanied by a Bid guaranty which shall not be less than 5 percent (5%) of the amount of the Bids. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bond (at par value), or a bid bond in the form attached. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of the City of Delray Beach. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. b.Revised Bids submitted before the opening of Bids, whether forwarded by mail or fax, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid guaranty adjusted accordingly; otherwise the Bid will not be considered. c.Certified check or bank drafts of the amount thereof, Bid Bonds, and negotiable U.S. Government Bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids. 4.COLLUSIVE AGREEMENTS Each Contractor accepting a contract through the City of Delray Beach for any portion of the work contemplated by the documents on which bidding is based shall execute an affidavit substantially in the form herein provided, to the effect that he/she has not entered into a collusive agreement with any other person, firm or corporation in regard to any Bid submitted. 5.NON-SEGREGATED FACILITIES AGREEMENT EachContractor accepting a contract through the City of Delray Beach shall execute an affidavit in the form herein providing to the effect that he/she will not maintain or provide for segregated facilities. Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 23 STATEMENT OF BIDDER’S QUALIFICATIONS Each Bidder shall, upon request of the Neighborhood Services Division, furnish for that purpose (a copy of which is included in the Contract Documents) a statement of the Bidders qualifications, his experience record in constructing the type of improvements embraced in the contract, his organization and equipment available for the work contemplated and, when specifically requested by the Neighborhood Services Division, a detailed financial statement. The Neighborhood Services Division shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City of Delray Beach that the Bidder is qualified to carry out properly the terms of the Contract. 7.PROJECT SITE The Project Area or Areas consists of the following: ----SeeExhibit A----- 8.TIME FOR COMPLETION a.The work which the Contractor is required to perform under this Contract shall be commenced at the time stipulated by the City of Delray Beach in the “Notice to Proceed” to the Contractor and shall be fully completed within (60) consecutive calendar days thereafter unless otherwise stated in the bid instructions. 9.COMPENSATION, BASIS FOR PAYMENT, AND LIQUIDATED DAMAGES Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows: a.Partial payments of up to 75% of the contract amount with a 10% retention of each draw at the listed percentage of work completion of the contract to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Office, where the contract amount for an individual project exceeds $7,000. b.All materials and labor used in basing percentage of work completedmust be in place and no payment shall be made for stored material. It is agreed that time is of the essence under this Contract, and in the event that the Contractor shall fail in the full performance of the entire work within the specified time limit, said Contractor shall be liable under the Contract for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day the Contract remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, the City of Delray Beach’s Neighborhood Services Division shall exercise the right to hold back this sum from compensation otherwise paid to the Contractor, for the expressed and sole purpose of authorizing the Neighborhood Services Block Grant Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions. 10.SPECIAL HAZARDS The Contractor’s and his/her subcontractor’s Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: NONE 11.CONTRACTOR’S AND SUBCONTRACTOR’S PUBLIC LIABILITY, VEHICLE LIABILITY AND PROPERTY DAMAGE INSURANCE As required under Section 127 of the General Conditions, the Contractor’s Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $100,000 for Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 24 BUILDER’S RISK INSURANCE As provided in the General Conditions, Section 127 (e), the Contractor will maintain Builder’s Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portions of the project for the benefit of the City of Delray Beach, the Contractor, and all subcontractors, as their interest may appear. 13.RESPONSIBILITIES OF CONTRACTOR Except as otherwise specifically stated in the Contract Documents and Technical Specifications, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence, temporary construction of every nature charges, levies, fee or other expenses and all other services and facilities of every nature whatsoever necessary for the performance of the Contract and to deliver all Improvements embraced in this Contract complete in every respect within the specified time. 14.COMMUNICATIONS a.All notices, demands, requests, instructions, approvals, proposals and claims must be in writing. b.Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the Office of the Contractor stated on the signature page of the Agreement (or at such other office as the Contractor may from time to time designate in writing to the City of Delray Beach), or if deposited in the United States mail in a sealed, postage-paid envelope, or delivered by fax, in each case address to such office. c.All papers required to be delivered to the Neighborhood Services Division shall, unless otherwise specified in writing to the Contractor, be delivered to the Neighborhood Services Division, City of Delray Beach, 100 Northwest 1st Avenue, Delray Beach, Florida 33444, and any notice to demand upon the Neighborhood Services sufficiently given if so delivered, or if deposited in the United States mail in a sealed, postage-prepaid envelope, or by fax to said Agency at such address, or to such other representatives of the City of Delray Beach may subsequently specified in writing to the Contractor for such purpose. d.Any such notice shall be deemed to have been given as the time ofactual delivery of (in the case of mailing when the same should have been received in due course of post, or by fax, at the time of actual receipt, as the case may be.) e.This section does not apply to decision given pursuant to Section 112 (b) of this Contract. 15.JOB OFFICES a.The Contractor and subcontractors may maintain adequate facilities on the project area for a job office and storage facility as it is necessary for the proper conduct of the work, but only with prior approval from the City of Delray Beach. b.Upon completion of the Improvements, or as directed by the City of Delray Beach, the Contractor shall remove all such temporary structures and facilities from the site, same to become his/her property, and leave the site of the work in the condition required by the Contract. Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 25 PARTIAL USE OF SITE IMPROVEMENTS The City of Delray Beach, at its election may give notice to the Contractor and place in use these sections of the Improvements which have been completed, inspected and can be accepted as complying with the Technical Specifications and if in its opinion, each such section is reasonably safe, fit and convenient, for the use and accommodation for which it was intended, provided: a.The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. b.The Contractor shall not be responsible for any damaged or maintenance costs due directly to the use of such sections. c.The use of such sections shall in no way relieve the Contractor of his/her liability due to having used defective materials or to poor workmanship. d.The period of guarantee stipulated in Section 130 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 17.CONTRACT DOCUMENTS AND DRAWINGS The City of Delray Beach will furnish the Contractor without charge as many copies of the Contract Documents, including Technical Specifications and Drawings, as deemed necessary to carry out the provisions of the Contract. 18.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 fifteen thousand dollars $15,000. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decidedin 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. Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer st 100 NW 1Ave Delray Beach, FL 33444 Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 26 : Housing Rehabilitation Program B.METHOD OF ORDERING: A Purchase Order will be issued for this request. Invoice(s) for serviceshall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted to the Neighborhood Services Division, 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@mydelraybeach.com. D.TECHNICAL SPECIFICATIONS: :See Attachments E.BID FORMAT: Chapter 1Bid Cover Page (Scope of Work) Chapter 2Bid Submittal Signature PageForm 1 Chapter 3Exhibit A Chapter 4Forms 2-12 Chapter 5Form 13 Acknowledgement of Addenda Chapter 6Technical Specifications Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 27 FirmName: Street Address: Mailing Address(ifdifferentfromStreetAddress): TelephoneNumber(s): FaxNumber(s): EmailAddress: Federal EmployerIdentification Number: Firm Name Signature Name and Title(Print or Type) Date Bysigningthisdocument,theProposeragreestoalltermsandconditionsofthis Solicitation. THEEXECUTIONOFTHISFORMCONSTITUTESTHEUNEQUIVOCALOFFEROF PROPOSERTOBEBOUNDBYTHETERMSOFITSPROPOSAL.FAILURETOSIGN THISSOLICITATIONWHEREINDICATEDABOVEBYANAUTHORIZED REPRESENTATIVESHALLRENDERTHEBIDDER NON-RESPONSIVE.THECITYMAY, HOWEVER,INITSSOLEDISCRETION,ACCEPTANYBID THATINCLUDESAN EXECUTEDDOCUMENT WHICHUNEQUIVOCALLYBINDS THEPROPOSERTO THE TERMSOFITSBID. Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 29 } ss. _____________________________, being first duly sworn, deposes and says that: 1.He is_____________________of _________________________, the Bidder that has submitted the attached Bid: 2.He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3.Such Bid is genuine and is not a collusive or sham Bid; 4.Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Delray Beach or any person interested in the proposed Contract; and 5.The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)_____________________________ _____________________________ (Title) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by _____________________________________________. _______________________________ Notary Public Personally Known _______ OR Produced Identification _______ Type of Identification Produced: ____________________________________________ Seal Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 31 Signature Firm Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by _____________________________________________. _______________________________ Notary Public Personally Known _______ OR Produced Identification _______ Type of Identification Produced: ____________________________________________ SEAL Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 33 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 specifiedin 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(Print or Type) Date Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 34 Firm Name Signature Name and Title(Print or Type) Date Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 35 Firm Name Signature Name and Title(Print or Type) Date Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 39 ADDENDUM DATE PRINT NAME OF TITLE OF SIGNATURE OF NUMBERRECEIVEDPROPOSER’S PROPOSER’S PROPOSER’S AGENTAGENTAGENT Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 42 YesNo C.BID INFORMATION WAS OBTAINED FROM: BidSyncNewspaper AdCity Hall Other, please specify: _____________________________________ Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 43 EXHIBIT A Contractor BidProposal Pages (1-7) Technical Specifications Pages (1-31) Bid 2016-072Neighborhood Services Division Housing Rehabilitation Program (14-511) 44 NEIGHBORHOOD SERVICES DIVISION TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS TABLE OF CONTENTS MATERIALS AND PRODUCTS SPECIFICATION NO. GENERAL 1 Concrete - General Specifications 2 Piers - Bases 3 Steps 4 Footings/Foundations 5 Masonry Walls 6 Concrete Block Walls 7 Handrails, Columns and Posts 8 Concrete Slab FRAMING 9 Carpentry - General Specifications 10 Floor Framing 11 Wall Framing Specifications 12 New Stud Wall 13 Roof Framing - General Specifications (Rafters) 14 Roof Framing - General Specifications 15 Attic Ventilation 16 Under - Floor Space Ventilation FLOORING 17 Flooring - Repair 18 Plywood Flooring and Repairs 19 Floors, Sand and Varnish 20 Exterior Flooring 21 Oak Flooring 22 Pine Flooring 23 Floor Covering 24 Flooring Covering - Tile and Underlayment 25 Floor Covering - Sheet Vinyl 26 Floor Covering - Ceramic 27 Base and Shoe Molding 1 SPECIFICATION NO. WALL FINISH 28 Wall Finish - Plaster/Drywall 29 Wall Finish - Drywall 30 Wall Finish - Drywall over Furring Strips 31 Wall Finish - Paneling 32 Wall Finish - Ceramic Tile - Thick Bed 33 Wall Finish - Ceramic Tile - Thin Set 34 Fixture Set CEILING FINISH 35 Ceiling Finish - Drywall 36 Ceiling Finish - Drywall over Furring Strips 37 Drop Ceiling - Drywall 38 Ceiling Finish - Tile 39 Suspended Ceiling 40 Ceiling Finish - Plaster/Drywall 41 Scuttle Holes WINDOWS AND DOORS 42 Windows and Doors Repair 42a Hurricane Shutters 43 Doors - General Specifications 44 Wood Screen Door 45 Aluminum Screen Door 46 Garage Door and Framing - New 47 Window - General Specifications 48 New Window Installations (Framing) 49 Window - Wood - New Sash 50 Window Screen - Aluminum Frame 51 Screen Re-screen EXTERIOR SIDING AND TRIM 52 Exterior Siding and Trim Replacing 53 Exterior Siding and Grim - Novelty 54 Exterior Siding - Asbestos and Trim 55 Exterior Siding - Aluminum 56 Trim and Aluminum 57 Exterior Siding - Stucco 58 Soffit and Fascia - Aluminum 59 Soffit and Fascia - Framed Aluminum 2 SPECIFICATION NO. ROOFING AND TRIM 60 Eaves Repair 61 Soffit - Eaves 62 Soffit - Framed 63 Gutter, Downspouts - Aluminum Baked Enamel 64 Roof - General Specifications 65 Roofing - Selvedge Edge 66 Roofing - Built-up (Tar and Gravel) 67 Roofing - Metal 68 Roofing - Strip Shingles (Asphalt) CABINETS 69 Cabinet - Vanity 70 Cabinet - Medicine 71 Cabinet - Kitchen Base 72 Cabinet- Kitchen Upper 73 Counter Top 74 Closets 75 ELECTRICAL 76 APPLIANCES 77 HEATING 78 PLUMBING 79 FENCES 80 DEBRIS - Demolish and Remove from Premises Haul Away Debris 81 PEST EXTERMINATION 82 PAINTING - General Specification 83 LANDSCAPING (Single Family) 84 WALKS 3 SPECIFICATION NO. 85 BLACKTOP DRIVES 86 CONCRETE DRIVES 87 CARPETING 88 INSULATION 89 LANDSCAPING CONTINUED (ADDENDUM) 90 LAWN SPRINKLERS 91 WELLS FOR NON-POTABLE WATER; SPRINKLER SYSTEMS 92 ACCEPTABLE MATERIALS FOR WELL SYSTEMS 4 TECHNICAL SPECIFICATIONS Bid Proposal Work Write- Specific items on these sheets intended to be used for Write- and similar in design. All materials and workmanship shall comply with applicable codes and requirements of the International Construction Code. All necessary permits, as determined by the Building Department, are to be properly displayed and posted on the job site. The Building Inspector is to be given a copy of the approved set of plans, if any, prior to the commencement of work. Substitutions will be accepted at the discretion of the Department. MATERIALS AND PRODUCTS OBJECTIVE To provide materials of such kind and quality as to assure that the dwelling will provide: a. appropriate structure strength b. adequate resistance to weather and moisture c. reasonable durability and economy of maintenance QUALITY OF MATERIALS AND PRODUCTS All materials and products used as replacements or additions in rehabilitation construction shall be of good quality conforming to generally accepted good practice. The suitability of special materials and products not conforming to a national standard shall be determined by proper authority, after an evaluation of its properties and performance characteristics. STANDARDS FOR MATERIALS AND PRODUCTS For specific requirements of new materials and products used as replacements or additions to dwellings being rehabilitated, reference shall be made to the South Florida Building Code, International Construction Code and the standards of the American Society for Testing Materials. 1. CONCRETE - GENERAL SPECIFICATIONS These general specifications are mandatory where applicable. a. No concrete is to be placed over grass, roots or foreign material. b. All reinforcing shall be free of scale, rust or coatings that reduce concrete bond. c. All reinforcing rods shall be deformed, as per A.S.T.M. Designation A305. 5 d. - impregnated expansion joint materials. e. Fill dirt shall be clean, compacted and free of deleterious material. See Table 6. f. All materials used for concrete forms shall be removed after concrete has set. Voids in exposed concrete surfaces will be filled with cement paste and dressed smooth. 2. PIERS - BASES Piers shall be solid, one-- height equal to distance from bottom of joist or sill to existing ground surface. See Table 5. Bases shall b on firm soil below existing ground level. See Table 6. 3. STEPS a. b. Hollow Poured - Steps shall be formed and po c. Frame - -bull nose, P.T., stair d. Other - Any other type steps not listed will be written in detail on Bid Specifications. e. Minimum tread f. Supply handrails as required by any applicable codes. 4. FOOTINGS/FOUNDATIONS Footings shall be minimum 2500 psi reinforced concrete. Reinforcing steel shall be deformed 20,000 psi, minimum lap of 19 bar diameters. Footing reinforcement per Building Code, The form work shall be used when existing soil is not sufficiently firm to retain concrete pour. No concrete shall be poured over grass, roots or foreign matter. See Table 5. 5. MASONRY WALLS a. mortar bedding in a running bound, per Building Code, and any applicable local amendments. For types of mortar, see Tables 1 and 2. b. Masonry walk repair shall be finished in a workmanship like manner. 6 6. CONCRETE BLOCK WALLS rods, hung per Building Co hung and rebared per Building Code, and any applicable local amendments, and filled with 2500 psi concrete or equal. See Table 4. 7. HANDRAILS, COLUMNS AND POSTS a. Wooden posts, handrails and columns shall be equipped with metal plinth. b. Handrails shall be as specified. 8. CONCRETE SLAB No. 10/10 welded wire fabric. No concrete to be placed on grass, roots, or foreign matter. All back fill shall be well tamped and level before placing of concrete. Top of slabs poured on existing Comply to any local applicable amendments pertaining to reinforcement or design. 9. CARPENTRY - GENERAL SPECIFICATIONS These general specifications are mandatory where applicable. a. pressure treated. b. Pine or other approved materials. c. All structural timbers shall be No. 2 yellow Pine, or other approved materials. d. All studs shall be No. 2 grade Fir or No. 2 Yellow Pine, or other approved materials. e. rade Douglas Fir, Cypress, Redwood or Cedar. f. clear, ship grade pine, or other approved materials. g. d bearing stud walls shall have double top plates of equal quality to studs. 7 10. FLOOR FRAMING All new or replaced floor joists ledger or metal joist hanger. Toe nailing only will not be acceptable. No splicing of floor joists between supports will be permitted. All floors shall be properly reinforced as per building code. Remove deteriorated floor joists and replace with new joists of No. 2 Southern Pine, construction Fir or other approved materials and have same dimensions as old joists. 11. WALL FRAMING SPECIFICATIONS a. Unless plywood sheathing or other approved materials are used, new corner posts bracing on both sides of corners at a 45 degree angle. New studs in existing or b. All load bearing stud walls shall have double top plates. All headers and Lintels over doors and window openings shall be double, as per Building Code and any applicable local amendments. 12. NEW STUD WALLS Build a new stud wall centers. Sole plates shall be pressure treated if laid - 13. ROOF FRAMING - GENERAL SPECIFICATIONS (RAFTERS) All damaged or deteriorated rafters shall be removed entirely. No splicing of any rafter will be permitted, unless specified. When rafter tails are to be replaced, they shall be cut back and replaced with a new tail which extends back a distance equal to the overhang. New rafter tails shall be of same dimension as the old and attached by nails driven through roof sheathing from top side. All work to be as per code. No toe nailing will be allowed. Approved trusses may be used when specified. Collar ties in the middle third of the rafter length. All saw cuts on roof framing and rafters shall be to the line and closely fitted. 14. ROOF FRAMING - GENERAL SPECIFICATIONS When a ridge board in depth than the cut end of the rafters it joins. 8 Ceiling joists and rafters shall be nailed to each other where possible. Ceiling joists shall be continuous or joined together over a partition to provide a continuous tie across the building. Plywood sheathing sh Solid sheathing Strip sheathing centers. All end joints shall be made over rafter. Sheathing supporting verge or trim rafter shall When replacing a fascia board, its length shall be sufficient to reach a minimum of 3 rafter ends with the remaining pieces not being less than 6 feet. 15. ATTIC VENTILATION All roofs with attic space should be adequately vented as per code. by one or more of the following means: a. Gable Vents b. Soffit Vents c. Re-screening d. Roof Turbine Ventilator 16. UNDER-FLOOR SPACE VENTILATION a. Vent Covering Cover vents indicated on work write-up by covering with a corrosion-resistant wire mesh not greater than one-half (1/2) inch nor less than one-fourth (1/4) inch in any direction. b. New Vents The minimum total area of ventilating openings shall be proportioned on the basis of 1 square foot for each 150 square feet of floor plan. One such ventilating opening shall be within 3 feet of corner of said building. 17. FLOORING - REPAIR All damaged, loose or broken sub-flooring shall be repaired or replaced before installation of a finished floor. Spot repairing on existing tongue and groove flooring which shall be made so that end joints occur over floor joists. Adjacent end joints shall be staggered. Replaced flooring shall match existing in size, quality and finish unless otherwise specified. Flooring and floor covering, when repairing, shall extend into closets and storage area. 9 Three- code may be used as a substitute when underlayment of floor covering is to be applied. Interior Plywood with Exterior Glue also acceptable. Replaced Shoe Mould. When necessary to remove existing base and/or shoe mould in order to repair damaged flooring, new base and/or shoe mould shall be installed and finished to match existing base and/or shoe mould. 18. PLYWOOD FLOORING AND REPAIRS a. Replacing with New specified. End joints shall be staggered and occur over floor joists. Interior Plywood with Exterior Glue also acceptable, or other approved materials. b. Sub-Flooring Sub-flooring shall be the same as above, or other approved materials. Diagonal end joints to occur over floor joist. 19. FLOORS, SAND AND VARNISH To be sanded, apply wood filler where needed, sealed and two coats of varnish and waxed. NOTE: Replace exceptionally damaged boards and stain to match existing. 20. EXTERIOR FLOORING a. Tongue and groove flooring for exterior porches or enclosed utility rooms shall - feet or less, flooring shall extend from main body of structure to outer extremity of porch. No splicing will be permitted. When the width of an existing wooden porch is more than 9 feet, one splice per run will be permitted, provided the spliced flooring is 4 feet or more in length. Adjacent end joints in runs of flooring must be staggered. b. Exception galvanized, finished nails set and caulked. All exterior wood flooring shall be pre-primed both sides, end and edges before installation by General Contractor. 21. OAK FLOORING - tongue and groove (Select Red Oak - Select White Oak), sanded, sealed, two coats of varnish and waxed. New floors shall be completed with new shoe mould, and/or base finished to match floor, except spot repair. 10 22. PINE FLOORING grade pine, sanded, and sealed, with two coats of varnish. New floors shall be completed with new shoe and/or base mould finished as designated by Owner. 23. FLOOR COVERING a. All Vinyl Tile will be of good quality and a No-Wax finish unless otherwise specified. b. or equal. c. All floor covering shall be applied over existing floors or over 30 lb. minimum felt covering, if necessary. 24. FLOOR COVERING - TILE AND UNDERLAYMENT , standard interior3 Install with screw type nails. Over underlayment install indicated tile using adhesive recommended by manufacturer. When installing new floor covering, all shoe mould and/or base shall be removed and replaced with new mould and/or base, finished with 2 coats of paint or varnish as designated by Owner. 25. FLOOR COVERING - VINYL Over underlayment install indicated vinyl laid in stri specifications. When installing new floor covering, all shoe mould and/or base shall be removed and replaced with new mould and/or base, finished with 2 coats of paint or varnish as designated by Owner. 26. FLOOR COVERING - CERAMIC Ceramic floor tile shall equal or exceed the Standard Grade requirements of U.S. Department of Commerce Simplified Practice Recommendation R-61-62 and Federal specification SST-308b. Floor tile shall be standard grade, selected by Owner, set - base. All ceramic floors shall be finished with ceramic cove base tile and metal lath and vapor barrier if wood floor. 27. BASE AND SHOE MOULDING a. Ranch Style Base Moulding b. Vinyl Base Moulding 11 c. Shoe Moulding d. Square Cute Base Moulding e. Standard to Match Existing 28. WALL FINISH - PLASTER/DRYWALL Rake crack clean, remove loose plaster or drywall and fill with patching plaster. New repair shall be struck level with surrounding surface and finish to match existing walls. 29. WALL FINISH - DRYWALL One-half (1/2) inch sheetrock shall be taped, bedded and sanded smooth. Existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to walls or at ceiling. When installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead and imitation marble sills or other specified materials. All openings without doors shall be finished with metal corner bead. Any drywall which will be subject to moisture must be Durra Rock or Dens Shield or equal. 30. WALL FINISH - DRYWALL OVER FURRING STRIPS Walls shal reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to texture coat. When installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead and imitation marble sills or other specified materials. All openings without doors shall be finished with metal corner bead. 31. WALL FINISH - PANELING a. Over clean, smooth, flat surface in accordance with good standard practice. Nailed in the grooves with colored nails to match color of groove and adhesive as needed. All joints to be tight to eliminate crack from showing. b. the floor so that base can be nailed to it and keep the paneling from warping. At the ceiling provide horizontal strip for nailing of ceiling cove and stop panel warpage. 12 c. All trim to be prefinished wood moulding to match paneling. Installed with tight-fitting mitered cuts and nailed with matching color panel nails. 32. WALL FINISH - CERAMIC TILE - THICK BED Remove existing material on indicated walls and replace with ceramic tile using thick-bed method over wire lath. Trim edges with bullnose tile. Wall tile shall equal or exceed the Standard Grade requirements of U.S. Department of Commerce Simplified Recommendation R61-62 and Federal Specification SST- 33. WALL FINISH - CERAMIC TILE - THIN SET Apply ceramic tile on new drywall or existing drywall, remove existing material on indicated walls and replace with ceramic tile using thin-set method of drywall. Trim edges with bullnose tile. Wall tile shall equal or exceed Standard Grade Requirements of U.S. Department of Commerce. 34. FIXTURE SET Set shall include paper holder, toothbrush holder, two (2) towel bars, soap dish and grab bar. 35. CEILING FINISH - DRYWALL texture coat and ceiling textured 2 coats. Drywall shall be applied directly to existing ceiling. Three-fourth (3/4) inch to 1- wood or paneled walls. Heavy textured spray (popcorn type) finish with paint added. 36. CEILING FINISH - DRYWALL OVER FURRING STRIPS textured coat and ceiling textured 2 coats. Three-fourth (3/4) inch to 1- be used only when ceiling butts to wood or paneled walls. Heavy textured spray (popcorn type) finish with vinyl added. 13 37. DROP CEILING - DRYWALL textured coat and ceiling textured 2 coats. New ceiling shall be installed over new specified ceiling Three-fourth (3/4) inch to 1- wood or paneled walls. Heavy textured spray (popcorn type) finish with vinyl added. 38. CEILING FINISH - TILE and color as ceiling moulding. 39. SUSPENDED CEILING a. Exposed T- recommendations. b. Unexposed T-bar, as specified. Installed in strict accordance with 40. CEILING FINISH - PLASTER/DRYWALL One-half (1/2) inch sheetrock shall be taped, bedded and sanded smooth. Existing trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to textured paint. All openings shall be finished with metal corner bead or trim. 41. SCUTTLE HOLES Shall be installed in area indicated on Bid Specifications (size conform to ceiling surfaces. 42. WINDOWS AND DOORS - REPAIR When installing or repairing windows or doors, Contractor shall repair any surrounding area affected by this work. The repair work shall be finished so as to conform to the surrounding surfaces, texture and color. 14 42a. HURRICANE SHUTTERS All Hurricane shutters shall consist of Aluminum and shall meet all necessary codes and wind load ratings, Accordion shutters (sliding) or Bahamian and fixed panel shutters shall be fitted on all windows for inspection. 43. DOORS - GENERAL SPECIFICATIONS All doors specified as new shall be complete with new hardware and new lock-set. After trimming and fitting of door, all edges shall receive same finish as sides of door. A door bumper must be added to all doors. Include all trim and moulding necessary to finish both sides of the jamb. Acceptable locks only are Kwikset, Schledge or Wiser. Threshold to be included, exterior doors only. a. Interior doors shall be 1- designated by Owner, unless otherwise specified. b. Exterior doors shall be 1- and matching jamb. Pease, Therma-tru, Stanly or equal unless otherwise specified. Door to include storm chain. c. Exterior combination door shall be 1- solid lower half, with window and screen insert upper half, finished as designated by Owner. Deadbolt shall be single cylinder. d. Observer scope. e. All new exterior keyed lock shall be keyed alike. 44. WOOD SCREEN DOOR Furnish and install new screen door at indicated location. Screen door shall be wood, 2 panel, 1- complete with aluminum screen wire, closer, latch and 2 coats of paint or varnish 45. ALUMINUM SCREEN DOOR - aluminum prehung, with metal jamb, lock and closer. Model M- by Featherlite Co., or equal in quality. 46. GARAGE DOOR AND FRAMING - NEW Remove and replace all broken or cracked glass. 15 47. WINDOW - GENERAL SPECIFICATIONS When installing a new type window in an existing wooden frame, all groves, off sets and projects on the side and head, jambs and sills shall be finished flush and smooth. These windows: aluminum awning, aluminum single hung, jalousie, casement, when specified new shall include new aluminum or fiberglass screens, permanent stripping, positive lock device, nylon or stainless bushings and aluminum glazing bead. The awning window shall have a torque-bar operator. All window and frames shall be thoroughly caulked at time of installation. Replace all broken or cracked glass in all existing windows. 47. WINDOW - GENERAL SPECIFICATIONS (continued) When installed in masonry openings, windows to be set on 1 When replacing damaged headers in frame walls: See Table 7. NOTE: Bathroom windows shall be obscured tempered glass. NOTE: Clean all windows free of paint, decals, stucco, etc. 48. NEW WINDOW INSTALLATION (FRAMING) Window opening shall be framed to fit standard size windows and new casings and trim applied to match existing surfaces. 49. WINDOW - WOOD - NEW SASH New wooden sash shall be fitted to window opening so as to operate freely, lock properly and be reasonably weathertight. 50. WINDOW SCREEN - ALUMINUM FRAME Replace existing screen frames with new aluminum frames and 18 x 14 mesh screen complete with new latch and hangers. 51. SCREEN RE-SCREEN Re-screen indicated area using 18 x 14 mesh aluminum screen wire. Replace screen moulding with new matching moulding. Replace all damaged or missing hooks and hangers. 52. EXTERIOR SIDING AND TRIM REPLACING Replace damaged siding as described. New siding shall blend and conform with surrounding area. Adjacent end joints shall be staggered at a distance of at least 2 studs. 16 53. EXTERIOR SIDING AND TRIM-NOVELTY Cover indicated sections of structure with new wood novelty siding or other specified material. All joints shall be tight and adjacent end joints shall be staggered. Sidings shall be installed over vapor barrier, blend and conform with existing structure. Al horizontally applied siding shall be staggered a minimum of 2 stud spaces. 54. EXTERIOR SIDING - ASBESTOS AND TRIM Asbestos siding and trim is no longer acceptable for use. No asbestos materials of any kind is allowed for use. 55. EXTERIOR SIDING - ALUMINUM called for on Bid Specification. Siding shall be installed over a vapor barrier or reflective type insulations as recommended by manufacturer. Installation shall include window J channel, door recommendations. 56. TRIM FOR ALUMINUM 57. EXTERIOR SIDING - STUCCO Cover designated sections of structure with cement stucco finish. If stucco is to be applied over frame construction, vapor barrier must first be applied to siding. Over vapor barrier nail metal 58. SOFFIT AND FASCIA - ALUMINUM Enclose all eaves indicated. This shall be done by installing baked enamel, aluminum, ventilated soffit material to underside of rafters. Enclosing of eaves shall include installation of fascia board and application of baked enamel aluminum over same. Soffit material shall be not less than . 59. SOFFIT AND FASCIA - FRAMED ALUMINUM Build soffit under roof overhang by installing baked enamel, aluminum soffit material over wooden soffit framing. Aluminum soffit material shall be either - ventilated, ribbed or v- and trim shall be baked enamel aluminum. A fascia board shall be installed on rafter ends and covered with baked enamel aluminum with minimum t - 17 60. EAVES - REPAIR Remove deteriorated section of eaves as indicated and replace with new section of approved materials to match existing. 61. SOFFIT - EAVES Eaves: Enclose all eaves indicated on work write-up sheet. This shall be done by ation of fascia board. Soffit shall be solid, continuous vent or spot vented as indicated on work write-up sheet. Screen wire used shall be aluminum and fiberglass 18x14 mesh. 62. SOFFIT - FRAMED Build soffit under roof overhang as indicated on work write-up sheet. This shall be done at 90 degrees to wall, parallel to ground, and shall not be attached to bottom of rafters. Maximum spacing for sof with moulding strip and at end of rafter with a fascia board. Soffit shall be solid, continuous vent or spot vented as indicated on work write-up sheet. Screen wire used shall be aluminum 18/14 mesh. NOTE: All newly installed wooden soffit shall receive one coat primer and one coat of exterior oil base semi gloss. Nails used shall be galvanized type and countersunk and holes to be filled with putty. 63. GUTTER, DOWNSPOUTS - ALUMINUM BAKED ENAMEL OR GALVANIZED a. Aluminum shall be installed over existing fascia or back-stop with hangers recommended by manufacturer. Downspouts shall be placed over concrete splash box. b. Galvanized installation shall be same as above. 64. ROOF - GENERAL SPECIFICATIONS All roofing shall be applied in good workmanship-like manner and according to the work write-up and meet Southern standard Building Code, 1976 Edition and any applicable local amendments. All valleys, flashings and eave drips shall be replaced with standard galvanized metal, a All vent pipes shall be properly flashed with approved lead, sleeve type flashings, pitch pans or other approved methods. 18 All damaged or rotted sheathing boards shall be replaced with new. End joints shall be made over a rafter. Sheathing supporting verge rafters shall extend back onto the roof at least 4 feet. Any repair work on roof covering shall match existing as close as possible. Roof tile shall not be applied to the surface of roofs having an incline of less than 2-1/2 in 12. Tile shall be stacked on roof for a period of seven days before laying in setting bed. Tile is to be wet down before applied. See Table 8 for fastener schedule. Smaller size head nails may be used provided metal discs are used with them. 64. ROOF - GENERAL SPECIFICATIONS (continued) When new roofing is installed in conjunction with aluminum fascia, eave drips, gravel stops and flashing shall be matching aluminum. When new roofing is installed, sagging portions of roof shall be corrected. Purlins or sole plates shall be used when necessary. 65. ROOFING - SELVEDGE EDGE Remove existing roof, repair all damaged sheathing, rafters and related roof components. Install new flashing and eave drip and a 30-pound asphalt saturated felt. Over felt, apply Barrett SIS, or GAF Double Coverage, or equal. 66. ROOFING - BUILT-UP (TAR AND GRAVEL) Remove existing roof covering and replace damaged sheathing, rafters and related roof components. Apply one 30# layer of felt tin tacked and then apply two layers of 15# felt mopped on. Flood coat and apply gravel. 67. ROOFING - METAL Remove existing roof, repair sheathing and rafters. Install metal starting strip on verge rafters and roof indicated sections with 5-V-Crimp metal roofing and FHA type metal drip edge. 68. ROOFING - STRIP SHINGLES (ASPHALT) Remove existing roof covering and replace damaged sheathing, rafters and related roof components. Apply one 30# layer of felt and then apply one layer 15# felt mopped on. Install 240# 3-TAB self-sealing asphalt shingles. Install new flashing and eave drip. 19 69. CABINET - VANITY Base cabinets shal-B plywood. Finish shall be of imitation molded marble top and doors to self closing hinges. 70. CABINET - MEDICINE Shall be standard size, recessed, with minimum three (3) shelves, a mirror, unless otherwise specified on Bid Specifications. 71. CABINET - KITCHEN BASE a. -B plywood. Finish shall be of furn -C grade plywood. No wafer board, structural particle board or oriented sh Formica Curv-a-Top(.052) minimum thickness or -C grade plywood, self-closing hinges and side mounted drawer guides and all hardware to be included. b. Include a fixed shelf where possible. 72. CABINET - KITCHEN UPPER -B plywood. Finish -C grade plywood. Adjustable shelves in single door wall cabinets and self closing hinges. 73. COUNTER TOP -a- -C grade plywood. 74. CLOSETS Build a clothes closet in the indicated room - 0 by specified length. Closet shall be finished inside and out to conform with room. Baseboard, Louvered doors and trim out, clothes shelf and rod inclusive. 75. ELECTRICAL Electrical Contractor shall verify adequacy of existing electrical service for adding electrical devices. All electrical work shall comply to applicable codes. Contractor shall pay for all charges, for new connections or services increase by F.P.L. 20 The electrical Contractor shall notify Building Inspector of any unsafe or inadequate wiring before submission of his bid to the General Contractor. Once electrical Contractor has submitted his bid and it has been accepted by the General Contractor, the General Contractor will be held responsible for the acceptance of al the wiring by the electrical inspector. When specified, the following items shall consist of: a. Service shall include increasing capacity to indicated amps, grounding and lightning arrester. b. Service and panel box shall include increase of service as indicated, box with number of circuits as indicated, lightning arrester and ground, distribute all circuits to avoid overload of service. c. All appliance circuits shall be separate circuits and as required, G.F.C.I. outlets in bath, kitchens and exteriors. d. When light fixtures are called for, the following Hampton Bay shall be used unless otherwise specified: (1) L.R., D.R., B.R. Ceilings.......................................Model No. SL7510 (2) Kitchen.................................................................Model No. SL468-4 (3) Bath........................................................Model Nos. SL282 or SL286 (4) Hall Ceiling........................................................Model No. SL8436-8 .....Model Nos103-228 Wall and 385-589 Ceiling e. New receptacles to be duplex ivory, 15A-20 amp units as per code. 76. APPLIANCES General - All new appliances to be specified in work write-up as to model, color and location. Contractor is to provide the Department of Community Improvement with all warranties and/or guarantees. a. Electrical Ranges shall be # JPB68HK installed and tested for proper operation. b. Gas Ranges shall be connected to gas supply and tested for proper operation. Duplex receptacle shall included with range when needed for range accessories. c. Range Hoods shall match range quality. d. Refrigerator shall be installed in level position with duplex receptacle no more than one (1) foot from unit. 21 77. HEATING All heaters will conform to applicable codes. a. Gas - Indicated model shall be installed in area designated and tested for proper operation. b. Electric - Indicated model shall be installed in area designated and tested for proper operation. Individual heaters shall be on separate circuits as per Southern Standard Building Code. All electric heaters shall be equipped with forced air operation. 78. PLUMBING General - All plumbing shall comply with the Southern Standard Plumbing Code in effect as well as any local amendments. All work consisting of 50% or more of existing value must be brought up to present code and conditions. Contractor to be responsible for all permits and inspections necessary. Before submitting his bids, the plumbing Contractor shall verify the adequacy of existing water and sewer mains. Once the contract is let, the General Contractor will be responsible for the passing of all plumbing by the plumbing inspector. All tubs, sinks, lavatories, water heaters and/or water closets, when provided new, shall be chrome trim and fittings as specified. This includes, but is not limited to, faucets, traps, supply and return pipes, stops, and diverter valves. When a shower head and supply lines are called for, they shall be accompanied by separate shut-offs and shower rod. All work shall include vents, clean-outs, trap and other items required by local codes. a. Electric Water Heaters shall be installed complete with separate 220 volt circuit. Unit to be a 220 volt double element energy efficient model with high limit safety cut-off and a pressure relief valve run to the outside or drained into a over flow pan. with a minimum 5-year guarantee. b. Gas Water Heaters shall be installed complete with gas lines and properly vented. c. Washing Machine Connection - Install vent and drain with all necessary waste lines, hot and cold water supply lines, bibs, and one (1) grounded duplex 110V electric outlet within 2 feet of washer location. (NS does not provide washer/dryer units). d. Tub - Remove old bathtub and replace with a new 5-foot porcelain on steel bathtub. 22 e. Tub Fixtures Faucet - Remove old tub fixtures and replace with Moen model # L8283 single lever valve, shower head and tub down spout. f. Vanity Lavatory - ll hanger with all necessary fittings and plumbing (American Standard Cadet Model #8115 or equal) when replacing wall hung sink. When replacing cabinet style use cultured marble (All cabinets to be all wood in construction). g.Water Closet - Replace with new Kohler Well Worth Model # 99-146 or equal with water saver tank, complete with supply, and all plumbing necessary to install new toilet. This includes a new seat new seat. h. Kitchen - Replace with two compartment stainless steel sink with ledge mounted swing spout faucet, stainless steel strainer and stops as well as necessary fittings. Faucet to be American Standard Cadet Model # 8410 or equal. i. Sewer - Trench and lay PVC schedule 40 sewer pipe as per code. Make complete connections at street stub-up and house outlet complete with clean-outs as per local code. j. Water Line - potable PVC Schedule 40 or copper line, and connect to meter and house line as per local code. k. Septic Tank - Completely pump out tank, knock holes in the bottom and fill with sand or approved material. 79. FENCES a. Shall consist of the chain link variety. Hot dipped galvanized #11 minimum be surveyed. b. As specified. 80. DEMOLISH AND REMOVE FROM PREMISES, HAUL AWAY DEBRIS All items listed under this specification shall be removed from the premises before calling for final inspection. Remaining areas shall be left clean. 81. PEST EXTERMINATION a. When termite treatment is specified, all structures on property are to be treated. exterminator to rid the structures of any and all types of termites and shall carry a minimum guarantee of one (1) year. 23 b. Other treatment as specified. Chemicals used shall be those that will cause the least inconvenience to the property owner (moving of foam rubber articles, plants, etc..). Any damage to the structure, interior or exterior, or to the property (plants, etc.) caused by termite treatment, shall be repaired or replaced by the exterminating contractor. 82. PAINTING - GENERAL SPECIFICATIONS No interior or exterior painting is to be done without a painting inspection and written approval to proceed. All painting including prime coat, second coat and final coast shall be done only by licensed Contractor. The first paint inspection is to be made after surface preparation. Second inspection after application of first coat. The final inspection is to be made after application of final coat. Painting shall be done at such times when dust free and heat work may be achieved. All painting, including prime coat, second coat and final coats, shall be done only by a licensed Contractor and the workmanship shall be of professional quality. The painter shall apply each coat at the rate recommended by the manufacturer, smoothly without runs, sags or holidays and be applied in strict accordance with manufac All paint and other finished materials shall be M.A.B., Bear, Porter, Pittsburgh, Sherwin Williams or Benjamin Moore only. All paint shall be mildew resistant. No lead based paint will be authorized. Any painting over dirt, loose, scaling or peeling paint will be rejected. All joints in trim, siding and frames shall be caulked by gun method before application of paint. Prepare surfaces by scraping loose paint, point up all cracks and holes and sand smooth both exterior and interior surfaces. Paint colors shall be selected by Owner only. No paint shall be applied until all nail holes have been puttied and all defects in woodwork have been eliminated. All surfaces to receive paint, number of coats and special applications are indicated. All surfaces including floors, walls, ceilings, trim, doors and windows shall be cleaned out and excessive paint removed from same upon completion of painting. Reasonable care shall be exercised in moving ladders and scaffolding about dwelling to avoid damage to shrubbery and premises. The painting out of a room shall include all walls, ceilings, base trim, windows, window and door trim, interior and exterior of all closets and kitchen cabinets and both sides and edges of doors. 24 All newly installed wood shall receive one coat of primer or undercoat and two coats of semi gloss paint. All paint is to be removed from both sides of window, trim and door glass by painting Contractor. All paint shall be delivered to the job site in unopened containers. a. Exterior Paint Wood - All exterior wood, siding, soffits, fascia, trim, etc., shall be painted using an exterior oil based penetrating undercoat and one or two coats alkyd enamel semi gloss paint or equal. Stucco - All stucco shall be painted using an oil based penetrating sealer and flat acrylic latex house paint. b. Interior Paint Kitchen and bath walls and ceiling shall be painted using an alkyd enamel, high or semi gloss. All other rooms shall be painted using a latex, acrylic, water-based, semi gloss paint. (Equal to Sherwin Williams, Hi-Hide, and latex acrylic semi gloss.) Ceilings shall be painted white using a latex water-based flat paint. (Except in kitchens and baths where a white high or semi gloss oil-based enamel is to be used.) Doors and Trim - Existing doors and trim to receive one (1) coat oil-based penetrating sealer and semi gloss alkyd enamel on sides, top, bottom and edges. New Doors and Trim - Prime One (1) coat oil-based penetrating sealer and paint as needed with high or semi gloss alkyd enamel on sides, top, bottom and edges. c. Aluminum - High gloss alkyd enamel over prime coat equal to Sherwin Williams Kem Lustra Enamel. d. The Contractor will supply extra paint to the homeowner to match in color and brand that which was used as the final coat; amounts as follows: Exterior - one gallon Exterior Trim - one quart Kitchen and Bath - one quart Bedrooms - one quart Living and Dining Room - 1/2 gallon 25 83. LANDSCAPING a. Fill - Provide and install clean sand or fill in designated low areas. b. Sodding - Level designated area and clean free of all debris. Sod with St. Augustine or Bahia as specified in smooth uniform manner. Water all grass upon application. c. Tree Removal - Remove rotted trees or shrubs. Leave no exposed roots. Fill hole and patch area with sod where applicable. 84. WALKS Sidewalks to be formed and poured as shown on write- thick, broom finish, edged and lined. To be graded to allow all water to run off. 85. BLACKTOP DRIVES Install blacktop drive as per work write-up. Include necessary grading to receive base and Finish grade adjoining areas. 86. CONCRETE DRIVES - 87. CARPETING All carpet and pad shall meet HUD FHA requir certification must be submitted or carpet shall be labeled per U.S. 44C. a. Colors shall be selected and approved by the Owner prior to installation. b. Carpet shall not be installed until all interior work is completed. 88. INSULATION Insulation indicated in the work write-up shall include: insulation, preparation of existing areas to receive insulation, cleanup and protection of work and certification of material. a. lown rock wool, rock wool batts and fiberglass batts, Johns-Manville or equal. Batts shall be a full ___ thick and blown wool shall be a minimum thickness to provide an R-19 rating. Provide on baffle around perimeter of attic. 26 b. shall comply with Florida State Energy Code. LAND DEVELOPMENT REGULATIONS SECTION 4.6.16 LANDSCAPE REGULATIONS SECTION F 89. LANDSCAPING CONTINUED (ADDENDUM) 1. Irrigation Requirements: All landscaped areas shall be provided with a sprinkler system, automatically operated, in order to provide complete coverage of all plant material and grass to be maintained. Systems shall be designed to permit all zones to be daylight watering as established in the South Florida Water Management District Guidelines. Exceptions to be the requirements to provide irrigation are noted below: 2. Irrigation of Existing Plant Communities: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form. 3. Re-established Native Plant Areas: Native plant areas that are supplements to existing plant community or newly installed by the developer may initially require additional water to become established. The water required during the establishment period shall be applied from a temporary irrigation system, a water truck or by hand watering from standard hose bib source. 4. Irrigation Design Standards: The following standards shall be considered the minimum requirements for landscape irrigation design: a. All landscaped areas shall be provided with an irrigation system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. The source of water shall be pursuant to Section 6.2 10 (B) (5). The use of recycled water is encouraged. b. Wherever feasible, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas. c. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from law water requirement areas. d. Sprinkler heads shall be installed and maintained so as to minimize spray upon any public access, sidewalk, street or other non-pervious area. e. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. f. The use of low volume or drip systems is encouraged. g. The technology for moisture sensing devises improved, their use is encouraged. 27 h. The use of pop-up sprinkler heads is required in the swale area between the property line and the edge of pavement of the adjacent right-of-way to minimize pedestrian hazard. LAND DEVELOPMENT REGULATIONS ARTICLE 7.6 PLUMBING CODE, SECTION 7.6.2 90. LAWN SPRINKLERS: (1205) a. Lawn sprinkler systems shall be equipped with an approved backflow preventer on the discharge side of each of the last valves. the backflow preventer shall be at least six (6) inches above the highest head, and at no time less than six (6) inches above the surrounding ground. Where combination control valves and backflow preventers are installed, the bottom of the valves shall constitute the bottom of the backflow preventer. b. The following work must be performed by a person holding a current Florida state registered or certified plumbing license and registered with the City of Delray Beach, Florida. The plumber shall cut the tee in the line for the sprinkler line take-off. The sprinkler firm may take it from there provided they follow the code and have the proper inspection. c. An approved check valve shall be installed in the main supply line on the meter side before the first sprinkler circuit take-off. d. All sprinkler systems shall also comply with the State sanitary code and any current revisions. e. Sprinkler heads will be installed so that no water shall spray on a public street or sidewalk. If after they are installed the plumbing inspector shall find such a condition exists at any time, the contractor who installed same, shall correct the condition after being notified by the plumbing inspector. LAND DEVELOPMENT REGULATION ARTICLE 7.7 WELLS AND SPRINKLER SYSTEMS 91. WELLS FOR NON-POTABLE WATER; SPRINKLER SYSTEM Section 7.7.9 Permit Required: It shall be unlawful for any person or his agents or employees to drive or drill any water well for non-potable uses or to install any sprinkler system within the city without first having obtained a permit from the City Building Department to do that work. Section 7.7.10 Application of State Sanitary Code: All sprinkler systems shall be installed in accordance with Chapter 4, Section 10-D of the State Sanitary Code and current revisions. 28 Section 7.7.11 Duties of City Building Official; Inspections: (A) Before a permit shall be issued, the Building Official or his designee, shall ascertain whether or not the well or sprinkler system is to be connected with the public water supply of the city in any way and shall see that the requirements of all ordinances, rules and regulations protecting the health and safety of the citizens of the city are met. (B) The Building Official shall inspect all work, including any sprinkler system that be supplied by the well, before the well is covered and final connection is made. Section 7.7.12 Location of Well from Septic Tank or Drain field: No well shall be permitted within a distance of 75 feet from any septic tank or drain field. Section 7.7.13 Work to be Done by Licensed Plumber: The following work must be performed by a person holding a current state registered or certified plumbing license and registered with the city. Nothing herein shall prohibit the homeowner from performing this work in accordance with Section 7.7.2 of this Article. (A) The main water line shall rise a minimum of six inches above the highest sprinkler head with gate valve installed in line to control each sprinkler circuit. (B) An approved backflow preventer shall be installed on the discharge side of the gate valve controlling the circuit. (C) An approved check valve shall be installed in the main supply line on the meter side of the first sprinkler circuit takeoff. (D) The house or building water supply shall be connected to main supply pipe between meter and check valve. ACCEPTABLE MATERIALS FOR WELL SYSTEMS WELL SYSTEM 1 1/2 ZONE LINES PIPE - WELL PVC 29 TORO SPRINKLER HEAD WITH SWING JOINTS INTERMATIC 220 TIMER STAYRITE - PUMP (2HP) 30 Question and Answers for Bid #2016-072- Housing Rehabilitation Program 14-511 Overall Bid Questions CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 2016-072 Eddie Haynes Jr. APPLICANT: PROJECT ADDRESS: 19 NW 11th Avenue BID START DATE: February 18, 2016 BID END DATE: March 10, 2016 GENERAL CONTRACTORSBID AMOUNTBID BOND C J Contracting, LLC$ 54,965.87 $ - $ - In-House Estimate:$ 55,441.74 RECOMMENDED CONTRACTOR: C J Contracting, LLC BID/CONTRACT AMOUNT :$ 54,965.87 5% Contingency$ 2,748.29 $ 57,714.16 Lead Inspection 425.00 Lead ClearanceN/A Termite InspectionN/A Termite Treatment 1,188.00 Recording Fees 19.10 GRANT CONTRACT AMOUNT 59,346.26 FUNDING SOURCE:Community Development Block Grant (CDBG) Account # 118-1963-554-49.19 COMMENTS:Staff recommends awarding to lowest responsive bidder. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAMS BETWEEN THE CITY OF DELRAY BEACH and Eddie Haynes Jr. BID # 2016-072 CJ This is an Agreement ("Agreement"), made and entered into by and between: CONTRACTING, LLC., Eddie Haynes Jr., hereinafter th WHOSE residence and project address is: 19 NW 11 Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 31, Block 2, ATLANTIC PINES, a subdivision on the City of Delray Beach, Florida, according to the plat thereof, recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 13, Page 77. P I D # 12-43-46-17-17-002-0310 WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, between the Contractor and the Owner agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: Agreement 1.1 - This Agreement includes Articles 1 through 11, the exhibits and documents that are expressly incorporated herein by reference. Board 1.2 - The City Commission of Delray Beach, Florida. Contract Administrator 1.3 - 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. City Manager 1.4 - The administrative head of City appointed by the Board. City Attorney 1.5 - The chief legal counsel for City appointed by the Board. Project 1.6 - 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 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. ARTICLE 3 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. ARTICLE 4 COMPENSATION 4.1 Cit Fifty-Four Thousand Nine Hundred Sixty manner specified in Section 4.3, the total of -Five and 87/00 Cents (54,965.87) from the Community Development Block Grant 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 compensate Contractor for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of 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 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 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, expense 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: CJ Contracting, LLC. 11924 Forest Hill Blvd. Ste 10A-267. Wellington, FL 33414 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 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, 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 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 ARTICLE 9 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. ARTICLE 10 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. ARTICLE 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, 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 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 st 100 N.W. 1 Avenue Delray Beach, Florida 33444 For Contractor: CJ Contracting, LLC. 11924 Forest Hill Blvd. Ste 10A-267. Wellington, FL 33414 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 udgment and care related to its performance under 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 BY ENTERING INTO THIS AGREEMENT, CONTRACTOR other jurisdictional device. 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 11.21.1 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. 11.21.2 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 CONTRACTOR SIGNATURE ____________________________________ By____________________________ OWNER CONTRACTOR FIRM NAME ATTEST: _____________________________ CITY REPRESENTATIVE ____ 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 Contractorshall 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. covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Contractorfurther 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, Contractorwill provide a renewal certificate at least ten (10) days prior to expiration. st Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1 Avenue, Delray Beach, Florida st 33444 with copies to Assistant City Manager and Neighborhood Services Division 100 N.W. 1 Avenue, Delray Beach, FL 33444 Return to: City of Delray Beach Neighborhood Services Division st 100 N.W. 1 Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION AGREEMENT APPLICANT/OWNER: Eddie Haynes Jr. ADDRESS: 19 NW 11 Avenue th Delray Beach, FL 33444 LEGAL DESCRIPTION:: Lot 31, Block 2, ATLANTIC PINES, a subdivision on the City of Delray Beach, Florida, according to the plat thereof, recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 13, Page 77. P I D # 12-43-46-17-17-002-0310 CASE NO: 14-511 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 Community Development Block Grant 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 _________. The anniversary date shall be the first day of _________ in each year following the completion of activities financed by the forgivable loan. 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. Return to: City of Delray Beach Neighborhood Services Division st 100 N.W. 1 Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION AGREEMENT 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 Fifty-Nine Thousand Three Hundred Forty-Six Dollars and 26/100 Cents ($59,346.26) 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 ______________________ ______________________________ Date 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: Eddie Haynes Jr. FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: Community Development Block Grant 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 $ 59,346.26 for the rehabilitation 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 Housing 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: 14-511 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 19 NW 11 Avenue th Delray Beach, FL 33444 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 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-549,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH:Donald B. Cooper, City Manager DATE:June 21, 2016 SERVICE AUTHORIZATION NO. 12-08 WITH DAVID MILLER & ASSOCIATES, PA. FOR DESIGN AND GENERAL CONSTRUCTION ADMINISTRATION RELATED TO THE FIRE STATION NO.2 EMERGENCY GENERATOR PROJECT Recommended Action: Motion to approve Service Authorization No. 12-08 with David Miller & Associates in the amount not to exceed $15,250 for professional engineering services and construction administration support services for the Fire Station No. 2 Emergency Generator Upgrade Project; Project No.16-011. Background: The Fire-Rescue Department is responsible for responding to all fire, medical, hazardous materials and technical rescue calls within the City of Delray Beach. Fire Rescue Station No. 2 which is located at 35 Andrews Avenue just north of East Atlantic Avenue, responds to all areas east of the Atlantic Intracoastal Waterway. Originally built in the early nineties, the auxiliary power generator at Station No. 2 met the standards for that period, providing a limited amount of electrical power to the facility. The current generator has reached its serviceable life cycle and is in need of complete replacement. David Miller will provide professional engineering, electrical and design services, specifically a construction set of plans, which comply with City Land Development Regulations for permanently installed generators. The architect will also provide limited construction administration services and assist the City with bidding, permitting and project closeout. David Miller & Associates, P.A. was retained by the City via RFQ #2012-05 which resulted in an annual consulting contract that is valid through February 2017. Negotiations regarding the hourly rates relating to the scope of services for this project were finalized at a publicly noticed meeting held on May 4, 2016. This recommendation for award is in compliance with Code of Ordinances, Section 36.02 (C) (3) “Professional Services”. City Attorney Review: Approved as to form for legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray BeachPage 1 of 2Printed on 6/16/2016 powered by Legistar™ File #:16-549,Version:1 Funding Source: To date (FY16), the City has paid David Miller & Associates P.A. $4,972 for professional architectural services. Funding is available from 334-2311-522-64.90 (General Construction Fund/Fire/ Machinery/Equipment). City of Delray BeachPage 2 of 2Printed on 6/16/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-550,Version:1 TO:Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:June 21, 2016 PRIOR APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000 WITH SHENANDOAH GENERAL CONSTRUCTION, CO. Recommended Action: MotiontoapproveanincreaseinspendinglimitwithShenandoahGeneralConstruction,Co.,ina total not-to-exceed amount of $150,000.00 for fiscal year 2016. Background: Shenandoah General Construction Co. frequently provides services to the Environmental Services Department for various projects. Projects include, pipe lining, storm drainage and sanitary sewer line cleaning and video inspections, and lift station cleaning. To date in fiscal year 2016, Commission has awarded Shenandoah General Construction Co. the total amount of $98,230.00. Additionally, fiscal year-to-date small project expenditures with this firm total $2,075.00 and there is currently one outstanding small project with an estimated cost of $20,215.00. Therefore, a total not-to-exceed amount of $150,000.00 is being requested to expedite the approval process for these and other small projects with Shenandoah General Construction, Co. By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions are likely to occur over the course of the year that will total over $ 25,000. This amount of spending requires prior Commission approval under code section 36.03(B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: FInance recommends approval. Funding Source: Various operating accounts in the approved FY 2016 budget. City of Delray BeachPage 1 of 1Printed on 6/16/2016 powered by Legistar™ $25,000andabove 4 4 4 AWARD TO CALVIN GIORDANO & ASSOCIATES, INC. AND THE MELLGREN PLANNING GROUP FOR GENERAL PLANNING SERVICES, IN RESPONSE TO RFQ 2016-167. Page 1 of 1 DATE: May 23, 2016PROPOSAL #P3012 SUBMITTED TO: Delray Beach, City of STREET: 434 S. Swinton Avenue CITY, STATE & ZIP: Delray Beach, Florida 33444 PHONE: (561)243-7338 FAX: (561) 243-7314 EMAIL: krane@mydelraybeach.com JOB NAME: 1040 Seasage Dr CIPP lining ATTENTION: Begona Krane We propose to furnish a crew and all necessary equipment to pre-clean and Install 150LF of 18" CIPP liner from catch basin to outfall. Cut off liner at outfall, post CCTV inspection upon completion. Prior to lining, divers will need to clean barnacles off outfall pipe, at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: Mobilization/Demobilization(at $1,500.00 Each)1 Each$1,500.00 TV/Vac Combo(at $305.00 Per Hour)8 hour(s)$2,440.00 18" CIPP(at $94.50 LF)150 LF$14,175.00 Clean outfall prior to lining/and cut out(at $2,100.00 Fixed Cost)1 Fixed$2,100.00 Estimated Total:$20,215.00 Note: Shenandoah is relying on information provided by others on pre-existing condition of the existing drainage line. In the event conditions are different at the time of lining, any required changes will be discussed with the client. NOTE: Due to the fragile condition of the existing pipe(s), the possibility of the pipe collapsing exists during the construction phase. If this unlikely event occurs, we will provide you with an additional estimate for a necessary point repair to complete the lining process. Due to the poor condition of the original host pipe, residual setteling may appear at the surface grade, post lining. This condition is not covered under warrantee. This proposal may be withdrawn if not accepted within 60 days. Payment terms net 30 days. (If we encounter an Insurance compliance fee requirement, this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Unless noted above engineering, permits, testing and bonds are not included in the pricing. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. SIGNATURE: SHENANDOAH GENERAL CONSTRUCTION CO.TITLEDATE Anthony GuglielmiEstimator05/23/2016 ACCEPTANCE OF PROPOSAL / SIGN & RETURN The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: ____________________________________________________________________ COMPANY NAME:DATE: REPRESENTATIVE:TITLE: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-552,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director of Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 WORKFORCE HOUSING COVENANT FOR THE METROPOLITAN AT DELRAY, LLC. Recommended Action: MotiontoApprovetheWorkforceHousingCovenantbetweentheCityofDelrayBeachandThe MetropolitanatDelray,LLC.,andtheDelrayBeachCommunityLandTrust(DBCLT)pursuanttothe requirementsunderSection4.7oftheLandDevelopmentRegulations,Section4.4.13(I)(1),"Central Business District - Commercial Core". Background: TheMetropolitanatDelray,LLC,(Developer)oftheMetropolitanprojecthadrequestedtheCity enterintotheattachedWorkforceHousingCovenant,pursuanttoSection4.7.4oftheLDR’sthat grantstotheDevelopercertaindensitybonusunitsbeyondthebasenumberallowed,perthe existingZoningOrdinance,afterperformancestandardshavebeenmet.Inaddition,theordinance requiresaminimumof20%workforceunits,consistingoflowtomoderate-incomehouseholdsat rentalrateswhichdonotexceedacertainpercentageoftheDepartmentofHousingandUrban Development-determined fair market rent for the area. TheDeveloperhasagreedtoconstructatotalof5workforcehousingunitsdividedbetweenLowto ModerateIncomeHouseholdsonlotsownedbyDBCLTasdescribedonExhibitB.Eachunitwill haveaminimumofthree(3)bedroomsandtwo(2)bathrooms.Afullyexecutedcovenantisrequired priortotheissuanceofabuildingpermit,pursuanttoSection4.7.2b.Theconstructionschedule shallbeconsistentwithorprecedetheconstructionofmarketrateunits.Theagreementfurther providesforrulesgoverningtherightsoftheCitytoreviewandenforcecompliancewithallprovisions ofthecovenant.Completionofall5Homesandissuanceofcertificatesofoccupancyforeachshall be a condition precedent to the issuance of the first certificate of occupancy for the Project. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 1Printed on 6/16/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-562,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 APPROVE A CHANGE ORDER TO EMERGENCY VEHICLES, INC. IN THE AMOUNT OF $2,285 Recommended Action: Motion to Approve a change order in the amount of $2,285 for the purpose of additional accessories for the Police Mobile Command Unit. Background: On April 19, 2016, Commission approved the purchase of a Mobile Command Center vehicle for the Police Department utilizing the General Services Administration (GSA) contract in the amount of $581,334. Slight modifications to the audio/video equipment, electrical, warning lights, storage and other accessories were later determined necessary to ensure the Command Center was fully functional to meet the emergency needs it is intended for. Negotiations with the supplier for the modifications resulted in an increase in costs. Recommendation to approve the change order is in accordance with the Code of Ordinances, Chapter 36, Section 36.06(A), “City Commission Approved Contracts. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 501-3312-591.64-25 Police Machinery and Equipment Timing of Request: The current equipment is not working properly resulting in significant operational issues. City of Delray BeachPage 1 of 1Printed on 6/16/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-566,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services Department THROUGH:Donald B. Cooper, City Manager DATE:June 21, 2016 APPROVE THE MAYOR'S EXECUTION OF THE GRANT ACKNOWLEDGMENT FORM AND SUBMITTAL OF A GRANT APPLICATION FOR ALTERNATIVE WATER SUPPLY FUNDING FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR FY 2017 TO SUPPORT THE EXPANSION OF THE CITY’S RECLAIMED WATER SYSTEM. Recommended Action: Motion to approve a grant application and the Mayor's execution of the required Acknowledgement form for Alternative Water Supply funding from the South Florida Water Management District, for FY 2017 to support the expansion of the City’s reclaimed water system. Background: The South Florida Water Management District (SFWMD) typically opens the application period for the Alternative Water Supply (AWS) funding program during the spring months. The program provides supplemental funding for the construction of alternative water supply projects, such as reclaimed water. The next phase for expansion of the City reclaimed water system is Reclaimed Water Area 12C, encompassing the area on the barrier island south of Atlantic Ave, from Lewis Cove to Del- Haven Drive, and the area along A1A from Casuarina Road south to Hibiscus Road. On April 5, 2016, City Commission approved a Service Authorization #12-21 to Mathews Consulting, Inc. (MCI) in an estimated not to exceed $5,380 for the preparation of the AWS Funding application. The application packages detailed the project’s background, provided a project summary, construction cost breakdowns, schedule, related maps, funding commitments, and addressed required permits. The application deadline was Friday, May 20, 2016, via electronic submission only. On May 19, 2016, MCI successfully completed and submitted the grant application to SFWMD as part of the AWS funding opportunity. Per City Grant Administration Policy and Procedures, Policy Number BF-24, June 30, 2015 revision, departments are not authorized to “…submit the online grant application to the grantor without the City Commission Approval”. Furthermore, in the event that the application deadline precedes a Commission meeting, the initiating department “…is responsible for placing the item on the first subsequent Commission meeting for approval”. Due to the timing of the application deadline, staff requested the City Manager to execute the required acknowledgement form as a provisional authority. Therefore, in addition to the retroactive approval of the grant application submittal, staff is requesting authorization for the Mayor to execute the attached Acknowledgement form as provided by the SFWMD application package. City Attorney Review: City of Delray BeachPage 1 of 2Printed on 6/17/2016 powered by Legistar™ File #:16-566,Version:1 Approved as vto form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray BeachPage 2 of 2Printed on 6/17/2016 powered by Legistar™ COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION Applicationsarelimitedto25pagesincludingfigures,ReductionofMatchingFunds(ifapplicable),andthe Acknowledgmentletter.Applicationsubmittalsmustuploadedathttp://www.sfwmd.gov/coopfundingby May20,2016at6:00PM.PriortocompletingthisApplication,itisrecommendedyoureadtheCFPGuidelines. ThisapplicationisforprojectswhichwillbeconstructedbetweenOctober1,2016andSeptember30,2018. PROJECTSUMMARY ProjectName:CityofDelrayBeachArea12CReclaimedWaterSystem Applicant:CityofDelrayBeach AuthorizedRepresentative:VictorMajtenyi ProjectManager(ifdifferent):Entertext. Address:434SouthSwintonAvenue Address:Entertext. City/Zip:DelrayBeach/33444 City/Zip:Entertext. Telephone:5612437328 Telephone:Entertext. Email:Majtenyi@mydelraybeach.com Email:Entertext. FederalIDNumber:596000308 ProjectLatitude/Longitude:26°ЋЏЌБͼN/80°ЉЌ ЍЏͼW ConstructionCost(10/1/169/30/18):$1,182,611.17 TotalProjectCost(10/1/169/30/18)$1,486,583.17 N/A RequestedFunding:$591,305.58 LocalFunding:$591,305.59 SFWMDPlanningRegion:LowerEastCoast County:PalmBeach AWSProjectType(reclaimed,brackish,ASR,etc.):Reclaimed Multiyearproject?:YesNo PhaseCompletionDate(10/1/169/30/18):93018 TotalProjectCompletionDate(AllPhases):812025 PhaseCapacityinMGD:0.163 TotalCapacityinMGD:5.1 ArethereotherDistrictprogramsorotheragenciescontributingfundingtothisproject?YesNo Ifyes,source(s):Entertext. Ifyes,amount(s):Entertext. DoesanySFWMDemployee,GoverningBoardmember,contractor,orotheraffiliateoftheApplicanthavea financialinterestinthisproject,thepropertyassociatedwiththisprojectorwithanypartythatmayprofit financiallyfromthisproject?YesNo Ifyes,listthepartiesandinterests:Entertext. IstheprojectpartofyourźƓƭƷźƷǒƷźƚƓƭcapital/facilitiesworkprogram?YesNo Thisisareimbursementprogramwiththeentireprojectscopeexpectedtobecompletedwithinthefunding period,regardlessofamountawarded.ThereisnoguaranteetheApplicantwillbeawardedtheamount requested.Arebudgetedfundsavailabletopayfortheentirescopeoftheproject?YesNo Doestheapplicantunderstandthatifforanyreason,theprojectscopeisnot100%completedasoutlinedin thestatementofwork,thefundingamountmaybereducedtomatchtheoriginalpercentageoffundingin thecontractthatwasbasedontheestimatedconstructioncostprovidedintheapplication?YesNo Doestheapplicantunderstandthatfundsareonlyforexpensesincurredorobligatedduringthefunding period(October1,2016ΑSeptember30,2018)?YesNo Page1of9 COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION IstheApplicantaREDICommunity?YesNoN/A HasthisprojectreceivedpreviousSFWMDfunding?YesNo Ifyes,providethefollowinginformation: YearAwardedContractNumberAmountAwardedAmountSpent 20144600002967$100,000$100,000 20134600002741$170,000$170,000 20114600002307$210,910$130,600 20094600001677$1,118,000$832,900 SHORTDESCRIPTION Intheboxbelow,providetwotothreesentencesdescribingtheprojectforwhichfundingisbeingrequested. Constructionofreclaimedwaterdistributionsystemconsistingof3,015LFof4inch,2,120LFof8inchand2,500 andgeneral LFof10inchreclaimedwaterpipingandassociatedvalves,pipingappurtenances,roadwayrepair conditionstoservetheArea12C,reclaimedwaterserviceareas. PROJECTFIGURES Note:EachfigureshouldfitonasheetofБ͵Ўͼ×11"paperandincludeaNortharrow. Figure1:ProjectLocation.Cityortownmapclearlyshowingtheprojectlocationinrelationtothenearestmajor streetorroadintersection. SeeFigure1mapattached. Page2of9 COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION Figure2:ProjectDetails.Projectlevelmapshowingsufficientdetaildepictingtheproposedproject(e.g.,showa proposedpipelinebetweentwointersectionsboundingtheproject;showaplantlayoutwiththeproposedproject phasecomponentshighlighted,suchasstorage/chlorinationtank,etc.). SeeFigure1mapattached. Page3of9 COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION PROJECTDETAILS StatementofWork Thissectionwillbeusedtocreatethecontractdocumentiftheprojectisselectedforfunding.Providedetailon yourprojectasfollows: A.Introduction/Background(4Α6paragraphs) TheCityofDelrayBeachhasestablishedalternativewaterresourcegoalsinconjunctionwithrenewalofthe/źƷǤƭ WaterTreatmentPlantSFWMDWaterUsePermit.Implementationofareclaimedwatersystemwillreducethe demandsonboththesurficialaquiferandonthe/źƷǤƭpotablewatersystem. The/źƷǤƭreclaimedWaterMasterPlancompletedinNovember2003identifiesͻ!ƩĻğЊЋ/ͼastheninthphaseof the/źƷǤƭtotalreclaimedwatersystem,whichwillprovideupto0.163mgdofadditionalreclaimedwaterusefor thisphase.TheCityplanstoimplementotherphasesoftheMasterPlanonacontinualbasisoverthenext9years, andthetotalprogramwillprovideupto5.1mgdofreclaimedwateravailablefortheentiresystem.TheReclaimed WaterMasterPlanisconsistentwiththe/źƷǤƭcomprehensiveplan,whichspecificallyencouragesmorereuseof effluentfromthewastewatertreatmentplanttoreducethedemandsonthepotablewatersystem. B.Objectives(1Α2paragraphs) TheobjectiveofthisprojectistoimplementtheninthphaseofthereclaimedwatersystemwithintheCityof DelrayBeachandtopromoteupto0.163mgdofadditionalreclaimedwateruse. C.DetailedScopeofWorkforFY20172018(3Α6paragraphs) Thisprojectconsistsofconstructionofreclaimedwaterdistributionsystemconsistingof3,015LFof4inch,2,120 LFof8inchand2,500LFof10inchreclaimedwaterpipingandassociatedvalves,pipingappurtenances,roadway repairandgeneralconditionstoservetheArea12C,reclaimedwaterservicearea. Thisprojectwilltiedistributionmainsintotheexisting10inchreclaimedwatertransmissionpipingalongHibiscus Roadand6inchdistributionpipingalongCasuarinaRoad,whichwaspreviouslyinstalledundertheArea12B project.DistributionmainswillextendalongthestreetsofBrooksLane,WhiteDrive,RhodesVillaAvenueand DelHavenDrive.Aconnectionpointwillbeprovidedforfuturephases. Table1ΑProjectBreakdown FY2019and 11 FiscalYearFY2017FY2018ProjectTotal 1 Beyond Areas6,8,10 Area12C and14 Entertext.Reclaimed ProjectPhase(e.g.,Phase1/I,etc.)Notapplicable ReclaimedWater WaterSystem Systems. Entertext.InstallInstall approximatelyapproximately 2,500LFof3,900LFofЊБͼͲ ЊЉͼͲ2,120LF15,800LFofЊЋͼͲ Majordeliverables(briefdescription Notapplicable ofБͼͲand4,700LFofЊЉͼͲ ofmajortaskstobecompleted) 3,015LFofЍͼ9,150LFofБͼͲ reclaimed3,600LFofЏͼͲ waterpipeand200LFofЍͼ Page4of9 COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION reclaimedwater pipe Entertext.1,182,611.175,390,0006,572,611.17 ConstructionCost($) $$$$ Planning/Design/Engineering/Other Entertext.303,972.00730,0001,033,972 $$$$ Costs($) Entertext.1,486,583.176,120,0007,606,583.17 TotalCost($) $$$$ 2 Entertext.0.1631.8091.972 CapacityMadeAvailableinMGD 1 Includewatermadeavailableonlyinyearprojectbecomesoperational. Table2ΑDeliverablesSchedule ConstructionCost Deliverable(s) TaskNo.ExpectedCompletionDate ($) ΛğķķƌźƓĻƭğƭƓĻĻķĻķΜ Electronicsubmittaloffinalprojectbidamountand/or 1UponcontractexecutionN/A vendorestimatesforalltaskstobecompleted. 2Exhibitͻ/ͼΑStatusReportDecember31,2016N/A 3Exhibitͻ/ͼΑStatusReportMarch31,2017N/A 4Exhibitͻ/ͼΑStatusReportJune30,2017N/A 5Exhibitͻ/ͼΑStatusReportSeptember30,2017N/A Constructapproximately2,500linearfeetof10inchUponTaskCompletion$424,726.64 diameterpipelinebetweenHibiscusRoadandDel HavenDrive,includingallvalves,fittings,piping 6 appurtenancesandrestoration/Reimbursement RequestPackage. Constructapproximately2,120linearfeetof8inchUponTaskCompletion$334,451.64 diameterpipelinebetweenHibiscusRoadand CasuarinaRoad,includingallvalves,fittings,piping 7 appurtenancesandrestoration/Reimbursement RequestPackage. Constructapproximately3,015linearfeetof4inchUponTaskCompletion$423,432.89 diameterpipelineonBrooksLane,WhiteDrive, RhodesVillaAvenueandDelHavenDrive,includingall 8 valves,fittings,pipingappurtenancesandrestoration/ ReimbursementRequestPackage. Exhibitͻ5ͼΑFinalProjectSummaryReport/Final N/A 9August31,2018 ReimbursementPackage 2 $1,182,611.17 Total 2 Totaldeliverablecostsshouldmatchtheinformationin Table1 and PartC(DetailedScopeofWork)above.Deliverables shouldbedescriptive(e.g.numberandsizeofpumps,length,diameterandlocationofpipelines,etc.)toidentifywhatworkis beingcompletedandfundingrequested.StatusReportsareduewithinten(10)daysofduedate.SeeSampleApplicationat www.sfwmd.gov/coopfunding . PROJECTBACKGROUNDANDSUPPORTINGINFORMATION Pleaseclearlyandbrieflyanswerthefollowingquestionsandprovidesupportinginformation. Hastheprojectdesignandbiddrawingsbeencompleted?YesNo Ifyes,date:Entertext. Ifno,anticipateddate:March31,2017 Hasthecontractorbeenselected?YesNo Ifno,when:June30,2017 Page5of9 COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION Havealllandpurchases,agreements,rightofways,etc.beenexecuted?YesNo Ifno,explain:N/A Haveallothernecessaryitemstostartconstructionbeencompleted?YesNo Ifno,explain:TheprojectisscheduledtobidbetweenApril2017andJune2017.Thecontractorwillbegiven noticetoproceedpriortoJuly1,2017. Listallrelevantpermitsrequiredtostartorcontinueconstructionin Table3 below. Table3ΑPermits Permit PermitObtained? PermitType Date(expected AgencyPermitNo.(Water/WW,ERP, dateifnot YesNo CUP,Building) obtainedyet) NONEREQUIREDEntertext.Entertext.Entertext.Entertext.Entertext. Entertext.Entertext.Entertext.Entertext.Entertext.Entertext. Entertext.Entertext.Entertext.Entertext.Entertext.Entertext. Entertext.Entertext.Entertext.Entertext.Entertext.Entertext. Entertext.Entertext.Entertext.Entertext.Entertext.Entertext. 1.Ifapplicable,providethenameoftherelatedprojectintheWaterSupplyPlan(WSP)associatedwiththe proposedwork.ProjectscanbefoundintherelevantWSP.IftheprojectisnotincludedinaWSP,indicateif CapitalImprovementScheduleinthe źƷƭincludedintheWaterSupplyFacilitiesWorkPlanand/or applicablelocalŭƚǝĻƩƓƒĻƓƷƭComprehensivePlan: ReclaimedWaterArea12C(intheCityofDelrayBeach10yearWaterSupplyFacilitiesWorkPlan, February2015) NameofWaterSupplyPlanProjectTitleorLocalGovernmentProjectTitle 2.PleaseaddressthefollowingfactorsdescribedinSection373.707,F.S.(alternativewatersupply development): a.Describehowtheprojectprovidessubstantialenvironmentalbenefitsbypreventingorlimiting adversewaterresourceimpacts. ImplementationofareclaimedwatersystemintheCityofDelrayBeachoffersmanysignificantand lastingbenefits.Firstandforemost,thereclaimedwatersystemwillreducethedemandsonboththe SurficialAquiferandonthe/źƷǤƭpotablewatersystem.Secondly,thereclaimedwatersystemwill reducethequantityofeffluentdischargedtotheAtlanticOceanviatheSouthCentralRegional WastewaterTreatmentPlant(SCRWWTP)oceanoutfall.Therearelongtermfinancialbenefits associatedwiththeprojectaswell.Waterusedforreclaimedwaterirrigationresultsinanequal amountofwaternotrequiringtreatmentatthe/źƷǤƭwatertreatmentplant,atatreatmentcost savingsrateofapproximately$0.43/1,000gallons. b.Describehowtheprojectreducescompetitionforwatersupplies. UsePermit.Additionally,the Theprojectfulfillswaterresourcegoalsofthe/źƷǤƭSFWMDWater projectreducesdependenceonatraditionalwatersource(SurficialAquifer)identifiedbySFWMDas sourcesoflimitedavailability,andreducescompetitionwithotherwaterusersforthesamesource. TheProjectalsoincreasestheefficientuseofreclaimedwaterasasource,andfromaregional perspective,contributestotheuseofreclaimedwaterwhereitiscurrentlyunderutilized.Thisproject facilitatesSurficialaquiferprotection,andprovidesanalternativewatersupplythatisconsistently availableyearround. Page6of9 COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION c.Identifythetraditionalsourcebeingreplacedand/oranyminimumflow,level,orreservationthe alternativesourceutilizedthatthisprojectishelpingtoimplement.Explain. ThetraditionalwatersourcebeingreplacedistheSurficialAquifer.Bysupplyingreclaimedwaterfor irrigation,itreplaces/reducestheneedforwaterwithdrawsfromtheSurficialAquifer. d.Iftheprojectisgoingtobeimplementedbyaconsumptiveusepermitteethathasachievedthe targetscontainedinagoalbasedwaterconservationprogramapprovedpursuantto Section373.227F.S.,pleaseprovidedetails.Ifnot,brieflydescribeyourconservationprogram. TheCityimplementsmanywaterconservationmeasureswithinitsservicearea,including implementationandenforcementofaXeriscapeOrdinance,partneringwiththeDistricttoimplement aWaterConservationHotelandMotelPrograminitiativethroughouttheCity,andwaterrate structurethatpromoteswaterconservation. e.Describethequantityofwatersuppliedbytheprojectascomparedtoitsconstructioncost. Provideacalculationshowingtheaverageannualdailyquantityofwatersuppliedbytheproject (expressedinmillionsofgallonsofwater),dividedbytheannualizedcapitalcostoftheproject.If theprojectwillnotbeusedcontinuously,pleaseprovidetheannualamountofwaterthatwillbe suppliedbytheproject.AnAnnualizedCapitalCostcalculatorhasbeencreatedforyouandcanbe downloadedviathisLINK͵ Theannualaveragedailywatersuppliedbythisprojectis0.163mgd.Usingthetotalprojectcostof $1,182.611.17andaprojectlifeof30years,theannualizedcapitalcostforthisprojectis$.99per 1,000gallons(usingtheSFWMDcalculator). f.Istheconstructionanddeliverytoendusersofreclaimedwateramajorcomponentoftheproject? Whatportionofthereclaimedwaterwilloffsettheexistingusepotableuse? Yes,thedeliveryofreclaimedwatertoendusersisamajorcomponentoftheproject.The/źƷǤƭtotal waterproducingcapacityis26.0mgd.Thisphaseoftheproject(0.163mgd)represents0.63%ofthe potablewatersystemcapacity.Thetotalprojecttodateincludingthisproject(3.856mgd)represents 14.8%ofthepotablewatersystemcapacity. g.Istheprojectgoingtobeimplementedbyamultijurisdictionalwatersupplyentityorregional watersupplyauthority?Ifyes,pleaseprovidenameofentity. Yes.ThisprojectispartoftheSouthCentralRegionalWastewaterTreatmentPlant(SCRWWTP) RegionalReclaimedWaterSystemwhichservesboththeCityofDelrayBeachandtheCityofBoynton Beach. h.Doestheprojectimplementreusethatassistsintheeliminationofdomesticwastewaterocean outfalls,asprovidedinSection403.086(9),F.S.? Yes.ThisprojecthelpstoeliminatetheamountofwastewatereffluentdischargedthroughtheSouth CentralRegionalWastewaterTreatmentPlantoceanoutfallduringemergencyconditions. i.Hasthecountyormunicipality,orthemultiplecountiesormunicipalities,inwhichtheprojectis located,implementedahighwaterrechargeprotectiontaxassessmentprogram,asprovidedin Section193.625,F.S.? No Page7of9 COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION j.Isthisprojectpartofaplantoimplementtwoormorealternativewatersupplyprojects,allof whichwillbeoperatedtoproducewateratauniformratefortheparticipantsinamulti jurisdictionalwatersupplyentityorregionalwatersupplyauthority?Ifyes,describetheplanand itsgoals. TheSCRWWTPRegionalReclaimedWaterSystemgoalistoprovide100%reclaimedwatertreatment capacityandupto100%reclaimedwateruseinthedistributionsystemsservingtheCityofDelray BeachandtheCityofBoyntonBeach. usersthatwillhelp Thisprojectprovidestransmissionanddistributionsystemtoreclaimedwater utilizethe100%reclaimedwaterproducedatthetreatmentplant. k.Identifythesource(s)andpercentageofprojectcoststobefundedbythewatersupplierorwater user.Listanyotherfundsbeingsoughtandtheexpecteddateofapproval. TheCityproposestofund50%oftheproject,with50%costsharefromSFWMD.TheCityisnota REDIcommunity.Noothergrantsarebeingsoughtatthistimerelatedtothisproject. l.Doestheprojectproposalincludesufficientpreliminaryplanningandengineeringtodemonstrate thattheprojectcanreasonablybeimplementedwithinthetimeframesprovidedintheregional watersupplyplan?IsthisprojectasubsequentphaseofanAWSprojectunderway? Yes,sufficientpreliminaryplanningandengineeringhasbeenconductedforreasonableassurances thattheprojectwillbeimplementedwithinthetimeframesprovided.Acopyofthe/źƷǤƭCapital ImprovementSchedulewhichincludestheArea12Cprojectcanbeprovideduponrequest.This projectistheninthphaseofthe/źƷǤƭoverallReclaimedWaterProgram,andissubsequenttothe eighthphase,Area12B,whichiscurrentlyunderconstruction. m.Forlocalgovernmentutilities:Describewhetherandinwhatpercentagetheutilityistransferring watersupplysystemrevenuestothelocalgovernmentgeneralfundinexcessofreimbursements forservicesreceivedfromthegeneralfund,includingdirectandindirectcostsandlegitimate paymentsinlieuoftaxes. TheCitymaintainsaCapitalImprovementProgramforvariousutilityprojects,includingreclaimed waterprojects.Acopyofthe/źƷǤƭCIPprogramidentifyingtheArea12CReclaimedWaterProject canbeprovideduponrequest. n.Indicatethepercentageofthetotalwaterproducingcapacityofthesystemthatthisprojectwill provide. Thisphaseoftheprojectwillincreasethecapacityofthereclaimedwatersystemby0.163mgd.The existingcapacityofthesystemis3.118mgd.Thisphasewillincreasethecapacityofthesystemby 5.2%. FORREUSEPROJECTS 3.PursuanttoSection373.707(9)(ad),F.S.pleaseshowthatreclaimedwatermadeavailablethroughyour projectismeteredforalluses,andthatratestructuresareimplementedbasedonactualuseofreclaimed water.Also,verifythateducationprogramsareinplacetoinformthepublicaboutwaterissues,water conservation,andtheimportanceandproperuseofreclaimedwater. TheCityofDelrayBeachherebyconfirmsthatreclaimedwateruseismeteredateachuser,thatthe reclaimedwaterratestructureisbasedonactualuseofreclaimedwater(e.g.$/1000gallons). TheCitymaintainseducationprogramstoinformthepublicaboutwaterissues,waterconservationandthe importanceofproperuseofreclaimedwater.Educationprogramsinclude,butarenotlimitedto: Page8of9 COOPERATIVEFUNDINGPROGRAM ALTERNATIVEWATERSUPPLYPROJECTAPPLICATION Publicmeetingsspecificallyaddressingthereclaimedwaterprogram PowerPointpresentationsforthereclaimedwaterprogram Reclaimedwaterbrochures Waterconservationbrochures 4.Inthetablebelow,listtheanticipatedreclaimedwaterusersthatwillconnecttotheproposedreclaimed waterproject. Users Table4ΑReclaimedWater Hasanagreement UserDemandEstimated Name beenexecuted? (MGD)ConnectionDate ΛğķķƌźƓĻƭğƭƓĻĻķĻķΜ (Y/N) Area12Cresidentialcustomers0.163N*83118 *TheCitymaintainsaReclaimedWaterOrdinanceinEntertext.Entertext.Entertext. lieuofAgreements. **Includesexisting,proposedandfuturephases.Entertext.Entertext.Entertext. Entertext.Entertext.Entertext.Entertext. Entertext.Entertext.Entertext.Entertext. 0.163 TotalUserDemand N/AN/A 5.1Total** ProposedProjectCapacity N/AN/A SUBMITTALCHECKLIST TheAcknowledgmentForm,onApplicantletterhead,hasbeencompletedandnotarizedanduploadedas apdf Projectmapshavebeenincludedintheapplicationoruploadedseparately Costcalculations,asrequestedin2e,havebeenincludedintheapplication Ifapplicable,hastheReductionofMatchingFundsbeencompleted(onletterhead)and uploaded/attachedasapdf? Page9of9 Cooperative Funding Program Alternative Water Supply Annualized Capital Cost Calculator City of Delray Beach Applicant Agency/City Name Reclaimed Water Distribution System 12C Project Title Annualized Total Phase Phase Capacity Service Life AWS Project Type Capital Cost Project Cost(MGD)(in years) ($/kgal) Reclaimed Distribution System Expansion$1,182,6110.230$0.99 $0.00 $0.00 $0.00 $0.00 $0.99 Discount Rate 2.85%(Default value) Alternative Water Supply Notes: 1) Enter data only in YELLOW cells; blue cells are calculated for you. 2) Total Phase Project Cost should match the amount listed in the Project Summary (page 1) and Table 1 - Project Breakdown 3) Phase Capacity (MGD) listed in the Project Summary (page 1) and Table 1. 4) For service life, see the table below. 5) Enter this Cost Effectiveness information under question 2 (e). Service life Item (Commercial) in years All AWS projects will assume a service life of 30 years for the annualized capital cost 30 calculation Majtenyi, Victor From:noreply@sfwmd.gov Sent:Thursday, May 19, 2016 10:53 AM To:Majtenyi, Victor Subject:Your Request To The South Florida Water Management District Follow Up Flag:Follow up Flag Status:Flagged Categories:Red Category Thank you for your submission for the Cooperative Funding Program on May 19, 2016, 10:52 am. 8017118 Confirmation Number: * Please note: This e-mail was sent from an auto-notification system that cannot accept incoming e-mail. Do not reply to this message. If you need additional information please email coopfunding@sfwmd.gov. We value your opinion. Please take a few minutes to share your comments on the service you received from the District by clicking on this link. 1 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-567,Version:1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Police Department THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) Recommended Action: Motion to approve application for the 2016 Edward Byrne Memorial Justice Assistance Grant in the amount of $35,468.00 Background: The Police Department is asking approval to apply for the 2015 Edward Byrne Memorial Justice Assistance Grant in the amount of $35,468.00. If awarded, these funds will assist in funding police overtime for the annual Holiday Robbery Task Force. This is an annual renewal of a grant we have received for the last several years, and there is no match requirement. Funding eligibility is based on a formula, and the Delray Beach Police Department is requesting the full allocation available to us this year. The Holiday Robbery Task Force has been in operation since 1997 and runs annually from Thanksgiving through December 26 to provide saturation of patrol units in shopping centers within the City. This patrol effort has reduced crime during the holiday season, when crimes of opportunity tend to increase, and has historically been funded through this JAG award. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: The reimbursable overtime for FY 16/17 will be funded in 001-2115-521-14.20 account. Reimbursement is provided through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Timing of Request: This request is time sensitive due to application deadline of June 30, 2016. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2016 Local Solicitation CFDA#16.738 Delray Beach Police Department Project Abstract Attachment #1 Applicant Name: City of Delray Beach Implementing Organization: Delray Beach Police Department Project Title: Holiday Robbery Task Force In order to support the operational plan for the Holiday Robbery Task overtime Force, we are requesting funding for the cost of for officers who will be crime prevention deployed in the targeted areas. These officers will work to provide community policing through high visibility patrols and strategies. The goal of the project victimization is to reduce crime and the risk of as well as to make citizens and visitors feel more secure. If a crime should occur, officers are on site and available to intervene. Based on prior years, we anticipate the program will cost over $35,000 in overtime and FICA. We are requesting the full allocation of $35,468 to support this program. Of that, $32,755 would directly fund overtime costs and $2,713 would support the cost of FICA. All additional costs, including other benefits, will be funded by the City. Overtime Community Policing Crime Prevention Victimization Task Forces Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2016 Local Solicitation CFDA#16.738 Delray Beach Police Department Program Narrative Attachment #2 The has been operational since 1997. This Task Force runs annually from Thanksgiving through December 26 and provides a saturation of patrol units in all shopping centers within the crime prevention purposes City of Delray Beach for . The Police Department provides high profile visibility, utilizing over 100 different officers in marked patrol vehicles throughout the holiday season. During the course of the program in 2015, over six hundred and thirty-five hours were dedicated to this project. The Holiday Robbery Task Force serves as an important deterrent, reducing the number of serious crimes during the Holiday Season when crimes of opportunity tend to community policing increase. In addition, the presence of officers, employing techniques, is expected to make citizens and visitors feel more secure. If a crime should occur, officers are on site and available to intervene. During the 2016 holiday season, we expect the Holiday Robbery Task Force to be deployed in the following commercial areas: Delray Crossings Plaza (with the anchor stores of Target, Outback, and Steak-n-Shake restaurants), Super Walmart, Delray Square, Boca/Delray Plaza, Delray West Plaza, Pines West Plaza, and Plaza Delray (with the anchor stores of Publix Supermarket, LA Fitness, Marshalls, TJ Maxx, and Alta Beauty Salon). 1 In recent years, the City of Delray Beach has faced economic hardships, similar to other municipalities nationwide. Each year, the City faces increasing costs and funding restrictions. Funding through this JAG award is necessary to continue operating the Holiday Robbery Task Force at its current level. The projected cost to continue the Holiday Robbery Task Force for 2016 is anticipated to remain on par with the prior year, and the number of officers needed for this project will remain approximately the same. total cost was $35,142, with $34,516 funded through the FY 2015 JAG and the remainder being funded by the City. For the upcoming FY 16/17, we are requesting that the full JAG allocation of $35,468 go towards funding this important program. All additional program costs, including other benefits, will be funded by the City. The accountability measures that will be implemented by the Delray Beach Police Department to gather data during the deployment of the Holiday Robbery Task Force will be as follows: The Delray Beach Police Department is a strong advocate of social media and electronic forms of communication. We currently utilize Facebook, Instagram, and Twitter, to reach our citizens and keep them informed on the latest crime trends and preventive tips; educating our citizenry on how to avoid becoming a victim of a crime. The initiative will continue to be used during the holiday season along with disseminating information across media outlets and the Departments website. The Delray Beach Police Department prides itself on creating a clean and safe environment for its citizens to live, work and play within our city. Community policing is the forefront of our mission and vision for our agency. Community involvement is our 2 forte; remaining visible, approachable, and helpful to our citizens is paramount. During the holiday season, our pedestrian traffic increases in and around our Downtown area and within our shopping centers. These core values are essential to address the fear of crime in providing a clean and safe environment for our citizens and visitors to enjoy. The following are the performance measures that we will implement during the Holiday Robbery Task Force deployment: Document the number of Part I crimes committed within the Holiday Robbery Task Force deployment area Document the number of Part I crimes committed outside the Holiday Robbery Task Force deployment area. Document the number of social media followers to include; Facebook, Twitter and Instagram. Document the number of public service documents disseminated through local media outlets. We will also track the number of business contacts the Officers have with retail merchants, HOA and Civic meetings attended by our Officers educating the public on crime trends occurring and informing them of preventive measures they can implement to avoid them. 3 Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2016 Local Solicitation CFDA#16.738 Delray Beach Police Department Budget and Budget Narrative Attachment #3 Budget Narrative: In order to support the deployment plan for the Holiday Robbery Task Force, we are requesting funding for the cost of overtime for officers who will be deployed in the targeted areas. These officers will provide high visibility patrols and serve as a crime deterrent. In addition, the presence of officers is expected to make citizens and visitors feel more secure. If a crime should occur, officers are on site and available to intervene. We anticipate the cost to be on par with the prior cost, with the number of officers needed for this project remaining approximately the same. We are requesting the full allocation of $35,468 to support this program. Of that, $32,755 would directly fund overtime costs and $2,713 would support the cost of FICA. See below for a budget summary. Budget: The following is an outline of estimated project expenses needed to support the Delray Beach Police Holiday Robbery Task Force. Requested JAG Funds PERSONNEL Overtime for officers assigned to the Holiday Robbery Task Force and deployed in targeted areas as crime prevention tool $ 32,755 FRINGE BENEFITS FICA (7.65% of salary) $ 2,713 TRAVEL $ 0 EQUIPMENT$ 0 SUPPLIES $ 0 CONSTRUCTION $ 0 CONSULTANT FEES $ 0 CONSULTANT EXPENSES $ 0 CONTRACTS $ 0 OTHER COSTS $ 0 INDIRECT COSTS $ 0 Total federal funding requested from JAG: $35,468 Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2016 Local Solicitation CFDA#16.738 Delray Beach Police Department Review Narrative Attachment #4 The Delray Beach Police Department, City of Delray Beach, made its Fiscal Year 2016 JAG application available to the City Commission for its review, comment, and formal approval on June 21, 2016 Regular Commission meeting. In addition, the Delray Beach Police Department made its Fiscal Year 2016 JAG application available to its citizens for comment prior to application submission by posting the application on the City web site on June 3, 2016. This can be viewed at the following link: http://www.mydelraybeach.com/departments/police/index.php. Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2016 Local Solicitation CFDA#16.738 Delray Beach Police Department Disclosure Statement Attachment #5 The City of Delray Beach Police Department does not have pending applications submitted within the last 12 months for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation that would cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-569,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 FISCALYEAR2016SPENDINGLIMITINCREASEWITHINTERLINEBRANDSINC.,DBA SUPPLYWORKS IN AN AMOUNT OF $25,000 Recommended Action: Motion to approve a $25,000 spending limit increase for Fiscal Year 2016 with Interline Brands Inc., DBA Supplyworks for purchases of janitorial supplies. Background: OnJanuary5,2016,CityCommissionapprovedanawardforjanitorialsuppliestoInterlineBrands, Inc.DBASupplyworksinanamountnottoexceed$70,000forFY2016.Todate,theCityhasspent $66,965.97withInterlineBrandsInc.Itisanticipatedthatspendingwillremainconsistentfortherest ofthefiscalyearandexceedtheapprovedamount.Thereforeanapprovaltoincreasethespending limit by $25,000 for a not-to-exceed amount of $95,000 for FY 2016 is requested. This request is in compliance with the Code of Ordinances, Chapter 36, Section 36.03 (B),Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is provided in various operating accounts in the approved FY 2016 budget. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-570,Version:1 TO: Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE:June 21, 2016 CONTRACTWITHMUNICIPALCODECORPORATIONFORTHEPRINTINGANDMAILINGOF UTILITY BILLS UTILIZING THE CITY OF SARASOTA CONTRACT Recommended Action: MotiontoapproveacontractwithMunicipalCodeCorporationutilizingtheCityofSarasotaContract No. 12-02 LKD in a not-to-exceed amount of $140,000. Background: OnAugust20,2013,theCityCommissionawardedacontracttoMunicipalCodeCorporation (Municode)utilizingaCityofSarasotacontract(12-02LKD)withMunicodeforprintingandmailingof utilityinvoices.ThecurrentCitycontractwithMunicodewillexpireonSeptember11,2016. Municodehasperformedsatisfactorilyduringthecontractperiod.TheUtilityDepartmentis requestingcontinuedservicesfromMunicodeforprintingandmailingofutilitybillsbyenteringintoa newagreementutilizingtheCityofSarasotaContractNo.(12-02LKD)whichexpiresonAugust3, 2017. StaffrecommendsapprovalofanewcontractwithMunicodefortheperiodofSeptember11,2016 through August 3, 2017. This request is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(7), Utilization of Other Governmental Entities' Contracts. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommeds approval. Funding Source: FundingwillbefromWaterUtilitiesFundaccount441-5112-536-3490andUtilitiesCustomerService Account 441-5112-536-4210. Timing of Request: City of Delray BeachPage 1 of 2Printed on 6/17/2016 powered by Legistar™ File #:16-570,Version:1 Current agreement expires 09/11/2016. City of Delray BeachPage 2 of 2Printed on 6/17/2016 powered by Legistar™ Monday, May 09, 2016 City of Delray Brach Attn: Lisa Hartman Re: Bill Printing, Inserting and Mailing Services RFP Thank you for providing us with an opportunity to continue our relationship. The Municode team is driven by the desire to serve you and your citizens. We believe that quality client relationships and exceptional service are what have set us apart in the local government industry since 1951. This letter will serve as Municode’s statement of intent to extend the city of Delray Beach the same terms, conditions and volume tiered pricing per our agreement with the City of Sarasota in performing the task of utility bill printing, inserting and mailing services and is made without collusion with any other person or entity in its submission. We certify that the contract price is the lowest price or rate for the agreed upon non-real property, goods or services of any contract between the vendor and any other governmental entity within the state based on the specific scope of work and production volume. I am authorized to negotiate contract terms and render binding decisions on contract matters. Please let me know if you have any additional questions, comments or concerns. Sincerely, Woody Estep | General Manager Office | 850.576.3172 ext 1410; Cell | 850.545.9345 westep@mccadvantage.com City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-572,Version:1 TO: Mayor and Commissioners FROM: Neal R. de Jesus, Fire Chief THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 FY 2014 DOMESTIC PREPAREDNESS GRANT (FEDERAL GRANT # EMW-2014-SS-00097-S01) Recommended Action: Motion toaccept grant funding from the FY 2014 State Homeland Security Grant Program for the amount of $14,840.00 from the state homeland security grant program for the fire-rescue department. Background: TheFire-RescueDepartmenthasbeenawardedaHomelandSecurityDomesticPreparednessGrant intheamountof$14,840.00toprovidesustainmentofequipmentandtrainingforhazardous materials incidents and incidents involving weapons of mass destruction (WMD). Delray Beach Fire-Rescue Department is a state funded Hazardous Materials Response Team within Florida’s Regional Domestic Security Task Force (Region 7). The team is funded through the State Homeland Security Grant Sub-Recipient Funding Agreement. This Grant provides for the sustainment and repair of state funded equipment for responses to hazardous materials and WMD incidents. Additionally, the Grant provides for training of our personnel in hazardous materials response and domestic preparedness courses. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: This is a cost-reimbursement agreement of federally awarded funds from the Department of Homeland Security/FEMA and serviced by the Florida Division of Emergency Management (FDEM). Timing of Request: The date of execution for the FY 2014 Domestic Preparedness Grant is August 31, 2016. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ Contract Number: 16-DS-P4-10-60-02-_______ FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT including an agreement that the pass- --Federal entity that provides a subaward to a Sub- -Recipie-Federal entity that receives a subaward from a pass- - Federal entity receives directly from a Federal awarding agency or indirectly from a pass- -through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub- Delray Beach Fire Rescue Sub-Recipient's unique entity identifier (DUNS): _________________________ Federal Award Identification Number (FAIN): EMW-2014-SS-00097-S01____ Federal Award Date: _09/01/2014_______________ Subaward Period of Performance Start and End Date: Date of Execution 08/31/2016 Amount of Federal Funds Obligated by this Agreement: $14,840.00________________ Total Amount of Federal Funds Obligated to the Sub-Recipient: _________________________ Total Amount of the Federal Award: _$21,382,116.00____________ Federal award project description (see FFATA): See Article I, Agreement Articles: EMW-2015-SS-00083 Name of Federal awarding agency: Dept. of Homeland Security/FEMA Name of pass-through entity: FL Div. of Emergency Management Contact information for the Pass-through entity: 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 CFDA Number and Name: 97.067 Homeland Security Grant Whether the award is Research & Development: No (N/A)_________________ Indirect cost rate for the Federal award: 32.78%__________________ THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, Delray with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Beach Fire Rescue , (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. ith federal or state (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Audit Requirements for b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment D. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the following Division employee shall serve as the grant manager for this agreement, shall be responsible for enforcing Sub-Recipient: Carolyn L. Coleman MSW 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone:(850)413-9974 Fax: (850) 922-8689 Email:Carolyn.coleman@em.myflorida.com b. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: _______________________ _______________________ _______________________ Telephone:______________ Fax:___________________ Email:__________________ c. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Attachment A, Budget and Attachment B, Scope of Work, of this Agreement. (8) PERIOD OF AGREEMENT. August 31, This Agreement shall begin upon execution by both parties and shall end on 2016 , unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. o- new obligations to carry out 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreement only f -Recipient may expend the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. The Sub-Recipient shall be reimbursed for allowable costs incurred in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A, Budget and Attachment B, Scope of Work, of this Agreement. c. The maximum reimbursement amount for the entirety of this Agreement is $14,840.00 . d. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment B, Scope of Work, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. e. The performance measure required by section 215.971(1)(b), Florida Statutes, level of performance expressed as a tangible, measurable objective, against which actual §200.301, that the Division and the Sub-ial data to performance accomplishments f. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub- -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines addition to regular sa the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431 (b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. If the Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub- ii. Participation of the individual in the travel is necessary to the Federal award. h. Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. i. i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub- Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub- personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub- purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of three (3) years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: i. If any litigation, claim, or audit is started before the expiration of the three (3) year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (11) AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub- Accounting Standards Bo c. When conducting an audit of the Sub- As defined by 2 C.F.R. §2 government auditing standards issued by the Comptroller General of the United States, which are d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, c accountant applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-cal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF- SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. All close-out reports shall be due no later than August 31, 2018, regardless of the time extensions or other exceptional circumstances. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Attachment A (Scope of Work). (13) MONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub- Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. If material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. If the Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17) TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18) SUBCONTRACTS If the Sub-Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Sub-Recipient. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub- Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Sub-Recipient shall Agreement. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A Budget iii. Attachment B Scope of Work iv. Attachment C Deliverables and Performance v. Attachment D Program Statutes and Regulations vi. Attachment E Justification of Advance Payment vii. Attachment F Warranties and Representations viii. Attachment G Certification Regarding Debarment ix. Attachment H Statement of Assurances x. Attachment I Reimbursement Checklist xi. Attachment J Monitoring Guidelines xii. Attachment K Environmental Planning & Historic Preservation Guidelines xiii. Attachment L Mandatory Contract Provisions (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. b. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Sub-Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. c. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Sub- made in accordance with conditions of the Division agreement and payment is due and has not been previously requested fo documentation requirements contained in 2 C.F.R. Part 200. The final invoice shall be submitted within forty-five (45) days after the expiration date of the agreement or forty-five (45) days after completion of the activities contained in this Agreement, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Sub-Recipie shall be due no later than August 16, 2018, regardless of time extensions or other exceptional circumstances. d. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. In addition, the Sub-Recipient shall send to the Division (by email or by h. facsimile transmission) th - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) \[Section 274A(e) of the Immigration and Nationality Act of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. l. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. c. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (25) LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26) ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: DELRAY BEACH FIRE RESCUE By:______________________________________ Name and Title: ____________________________ Date:_____________________________________ FID# _____________________________________ Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By:______________________________________ Name and Title: ____________________________ Date:____________________________________ EXHIBIT 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: U.S. Department of Homeland Security, Federal Emergency Management 97.067 Catalog of Federal Domestic Assistance Title and number: : $14,840.00 Award amount THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCESAWARDED UNDER THIS AGREEMENT: Chapter 215, 252 and 473 Florida Statutes Rule Chapters 27P -6, 27P-11 and 27P-19. Florida Administrative Code 2 CFR Part 200 Federal Program: List applicable compliance requirements as follows: First applicable compliance requiremente.g., what activities/services/purposes the federal resources must 1. ( be used for ): Sub-recipient is to use funding to perform eligible activities as identified FY2015 Department of Homeland Security Notice of Funding Opportunity (NOFO). Second applicable compliance requirement (e.g., eligibility requirements for Sub-Recipients of the 2. resources: Sub-recipient is subject to all administrative and financial requirements as set forth in this Agreement or will not be in compliant with the terms of the Agreement. 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal NOTE: Programs and State Projects included in Exhibit 1 be provided to the Sub-recipient. ATTACHMENT A PROPOSED PROGRAM BUDGET Below is a general budget which outlines eligible categories and their allocation under this award. The Sub- The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub-categories, tertiary categories, and then individual equipment items. The AEL can be found at http://beta.fema.gov/authorized-equipment-list. The transfer of funds between the categories is permitted. However, the transfer of funds between Issues is strictly prohibited. Sub-recipient Amount Grant Category Agency Allocated $14,840.00 FY 2015 - Homeland Delray Beach Fire ISSUE 7 - Sustainment of Security Grant Program Rescue US&R and HazMat Teams Total Award $14,840.00 BUDGET DETAIL WORKSHEET The Sub-recipient is required to provide a completed budget detail worksheet, to the Division, which after the execution of this agreement, contact the grant manager listed in this agreement via email or letter. FY2014 Issue 7 Budget Detail Worksheet Eligible Activities (Not limited to activities below) Eligible Equipment Acquisition Costs The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment categories, and specific equipment eligible under each category, are Quantity Unit Cost Total Cost listed on the web-based version of the Authorized Equipment List (AEL) http://beta.fema.gov/authorized-equipment- at Issue list . Number Personal protective equipment Explosive device mitigation and remediation equipment CBRNE operational search and rescue equipment Information technology Cyber security enhancement equipment Interoperable communications equipment Detection Equipment Decontamination Equipment (HSGP only) Medical supplies Power equipment CBRNE reference materials CBRNE incident response vehicles Terrorism incident prevention equipment Physical security enhancement equipment Inspection and Screening systems Agriculture Terrorism Prevention, Response, and Mitigation Equipment (HSGP only) CBRNE Prevention and Response watercraft CBRNE Aviation Equipment CBRNE logistical support equipment Intervention equipment Public Alert and Warning Equipment Disability Access and Functional Needs Other authorized equipment costs (include any construction or renovation costs in this category; Written approval must be provided by FEMA prior to the use of any funds for construction or renovation) $14,840.00 TOTAL EXPENDITURES FOR ALL CATEGORIES ATTACHMENT B SCOPE OF WORK Funding is provided to perform eligible activities as identified in the Domestic Homeland Security Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2015 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Issue and Project Description Issue 7 Sustainment of US&R and HazMat Teams This project funds the sustainment of specifically identified items from the equipment caches of Regional Hazardous Materials Response teams and Urban Search & Rescue. Funding provides the capability to maintain, repair and/or service specific high end technological equipment purchase with Federal grant funds. II. Categories and Eligible Activities FY2014 allowable costs for this agreement are for the Equipment Category. Allowable costs have been listed in the Budget Detail Worksheet Attachment A. A. Equipment Acquisition The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the http://beta.fema.gov/authorized-equipment- Authorized Equipment List (AEL) on list . Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period. provided under this agreement are Equipment purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. The sub-recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. The Florida Division of Emergency Management (FDEM) must approve any purchases of equipment not itemized in a The sub-recipient will, in accordance with the statewide mutual aid agreement or other emergency respo to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The sub-recipient shall notify the FDEM Office of Domestic Preparedness at 2555 Shumard Oak Blvd., Tallahassee, Florida 32399 one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy or when it has been expended. The sub-recipient shall notify the FDEM immediately if the equipment is destroyed, lost, or stolen. The sub-recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the FDEM. All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: 2 C.F.R. Part 200; Chapter 287, Florida Statues; and, any local procurement policy. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally, the sub-sub-recipient shall not execute a piggy-back contract unless the Division has approved the scope of work contained in the original contract that forms the basis for the piggy-back contract. Also, in order to receive reimbursement from the Division, the sub-sub-recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the sub-sub-recipient shall provide copies of solicitation documents including responses and justification of vendor selection. A. Procurement All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: 2 C.F.R. Part 200; Chapter 287, Florida Statues; and, any local procurement policy. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally, the sub-sub-recipient shall not execute a piggy-back contract unless the Division has approved the scope of work contained in the original contract that forms the basis for the piggy-back contract. Also, in order to receive reimbursement from the Division, the sub-sub-recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the sub-sub-recipient shall provide copies of solicitation documents including responses and justification of vendor selection. B. Piggy-backing The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The existing contract must contain language or other legal authority authorizing third parties to The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goods or services. An agency may not use the preexisting contract merely as a Unallowable Costs (SHSP, UASI and OPSG) Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP. C. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Sub- If a report goes two (2) consecutive quarters without Sub-recipient reflecting any activity and/or no expenditures will likely result in termination of the agreement. Programmatic Reporting Schedule Reporting Period Report due to FDEM no later than January 1 through March 31 April 30 April 1 through June 30 July 30 July 1 through September 30 October 30 October 1 through December 31 January 30 2. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements must be requested within 90 calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within 90 calendar days of expenditure shall result in denial of reimbursement. This is separate from the final claim which is due no later than forty-five (45) days after termination of the agreement or completion of project activity. The Sub-recipient should include the number is to b 3. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60) calendar days after the agreement is either completed or the agreement has expired. D. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Coleman Felicia Pinnock FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 413-9974 (850) 410-3457 carolyn.coleman@em.myflorida.com felicia.pinnock@em.myflorida.com E. Contractual Responsibilities The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. ATTACHMENT C DELIVERABLES AND PERFORMANCE State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven, capabilities-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability levels are assessed in the State Preparedness Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL). For the purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on the http://llis.gov/ Lessons Learned Information System at . In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Minimum performance: Costs for allowable items will be reimbursed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment B of this agreement. ATTACHMENT D PROGRAM STATUTES AND REGULATIONS 1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8) Copyright notice 17 U.S.C. §§ 401 or 402 9) Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10) Debarment and Suspension Executive Orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12) Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S.C. § 6201 14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C. § 3801-3812 15) Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16) Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17) Lobbying Prohibitions 31 U.S.C. § 1352 18) Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20) Terrorist Financing Executive Order 13224 21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794 24) USA Patriot Act of 2001 18 U.S.C. § 175-172c 25) Whistleblower Protection Act 10 U.S.C. § 2409, 41US.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. § § 4304 and 4310 26) 53 Federal Register 8034 27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: ______________________________________________________________ If you are requesting an advance, indicate same by checking the box below. \[ \] ADVANCE REQUESTED Advance payment of $ _____________ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20___-20___ Anticipated Expenditures for First Three Months (90 (list applicable line items)days) of Funding Agreement For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the Funding Agreement term. Supporting documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the Funding Agreement term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Management The Sub- with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part DPost Federal Award RequirementsProcurement Standards (2 C.F.R. §§200.317 through 200.326). Codes of conduct. The Sub-recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Sub-recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Sub-recipient. Business Hours The Sub-recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: ______________________________________________________ ___________________________________________________________________________________ Licensing and Permitting All subcontractors or employees hired by the Sub-recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-recipient. ATTACHMENT G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, ____________________________, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub- prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: ______________________________ By:____________________________ __________________________________ Signature Sub- ________________________________ __________________________________ Name and Title FDEM Contract Number ________________________________ __________________________________ Street Address Project Number ________________________________ City, State, Zip ________________________________ Date ATTACHMENT H STATEMENT OF ASSURANCES All sub-recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipient will acknowledge their use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 2. Sub-recipient mute ensure that project activities carried outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits or approvals are obtained. 3. Sub- Labor Standards Act. 4. Sub-recipient will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. Sub-recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy records, accounts, and books, papers, or documents related to the grant. 6. Sub-recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 7. Sub-recipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. Sub-recipient must cooperate with any compliance review or compliant investigation conducted by DHS. 9. Sub-recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support reports. Sub-recipients should also comply with all other special reporting, data collection and evaluation requirements, as prescribes by law or detailed in program guidance. 10. If, during the past three years, the sub-recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the sub-recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to FDEM for forwarding to the DHS awarding office and the DHS Component. 11. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a sub-recipient of funds, the sub-recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. ATTACHMENT I REIMBURSEMENT CHECKLIST Use this checklist as a tool for completing reimbursement packages PLANNING 1. Does the amount billed by consultant add up correctly? 2. Has all appropriate documentation to denote hours worked been properly signed? 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note - If a meeting was held by sub-recipient or contractor/consultant of sub-recipient, an agenda and signup sheet with meeting date must be included). 4. Has the invoice from consultant/contractor been included? (Note grant agreement must be referenced on the invoice.) 5. Has proof of payment been included? ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 6. Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? 7. Has proof of purchase methodology been included (Form 5 Procurement)? ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under ) Organization TRAINING 1. Is the course DHS approved? 2. Is there a course or catalog number? If not, has FDEM approved the non-DHS training? 3. Have Sign-In Sheets, Rosters and Agenda been provided? 4. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? n provided as proof attendees were paid? ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 5. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? 6. Has any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment must be submitted. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 7. Has proof of purchase methodology been included (Form 5 Procurement)? ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) EXERCISE 1. Has documentation been provided on the purpose/objectives of the exercise? ______ Situation Manual ______ Exercise Plan 2. If exercise has been conducted are the following included: ______ After-action report ______ Sign-in sheets ______ Agenda ______ Rosters 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? attendees were paid? ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? 5. Have any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be included. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be included. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 7. Has proof of purchase methodology been included (Form 5 Procurement)? ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) EQUIPMENT 1. Have all invoices been included? 2. Has an AEL # been identified for each purchase? 3. If service/warranty expenses are listed, are they only for the performance period of the grant? 4. Has proof of payment been included? ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 5. If EHP form needed, has a copy of the approval DHS been included? 6. Has proof of purchase methodology been included (Form 5 Procurement)? ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) TRAVEL/CONFERENCES 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? ______ Airplane receipts ______ Proof of mileage (Google or Yahoo map printout or mileage log) ______ Toll and/or Parking receipts ______ Hotel receipts (is there a zero balance?) ______ Car rental receipts ______ Registration fee receipts ______ Note: Make sure that meals paid for by conference are not included in per diem amount 2. If travel is a conference has the conference agenda been included? 3. Has proof of payment to traveler been included? ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement ______ Copy of paycheck if reimbursed through payroll MATCHING FUNDS 1. Contributions are from Non Federal funding sources identified? 2. Contributions are from cash or in-kind contributions which may include training investments. 3. Contributions are not from salary, overtime or other operational costs unrelated to training. SALARY POSITIONS 1. Has a signed timesheet by employee and supervisor included? 2. Has proof for time worked by the employee been included? Is time period summary included? ______ Statement of Earnings ______ Copy of Payroll Check ______ Payroll Register ______ Time and Effort Log (Form 6) ______ For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? ORGANIZATION 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? attendees were paid? ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? FOR ALL REIMBURSEMENTS - THE FINAL CHECK 1. Have all relevant forms been completed and included with each request for reimbursement? 2. Have the costs incurred been charged to the appropriate POETE category? 3. Does the total on all Forms submitted match? 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? 5. Has the reimbursement package been entered into sub-sub-recipients records/spreadsheet? 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? 7. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? 8. Do all of your vendors have a current W-9 (Tax Payer Identification) on file? Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. ATTACHMENT J MONITORING GUIDELINES Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and statutory regulations. The monitoring process is designed to assess a sub-le state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the sub-recipient agencies by a Division representative who examines records, procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will conduct monitoring for up to 50% of their sub-grantees. It is important to note that although a given grant has been closed, it is still subject to either desk or on-site monitoring for a three (3) year period following closure. Areas that will be examined include: Management and administrative procedures; Grant folder maintenance; Equipment accountability and sub-hand receipt procedures; Program for obsolescence; Status of equipment purchases; Status of training for purchased equipment; Status and number of response trainings conducted to include number trained; Status and number of exercises; Status of planning activity; Anticipated projected completion; Difficulties encountered in completing projects; Agency NIMS/ICS compliance documentation; Equal Employment Opportunity (EEO Status); Procurement Policy FDEM may request additional monitoring/information if the activity, or lack there of, generates questions from the region, the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Sub-recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the FDEM determines that a sub-recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant sub-recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance. Examples of TA include but are not limited to: Equipment selection or available vendors Eligibility of items or services Coordination and partnership with other agencies within or outside the region or discipline Record Keeping Reporting Requirements Documentation in support of a Request for Reimbursement On-Site Monitoring will be conducted by the FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance with the sub-recipient agency POC designated in the grant agreement. The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. On-site Monitoring Protocol On-site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to the sub-recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. On-Site Monitoring Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per sub-recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capital expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Monitoring Visit FDEM personnel will review the on-site monitoring review worksheets and backup documentation as a team and discuss the events of the on-site monitoring. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub grant Agreement. The On-Site Monitoring Worksheets, the monitoring report and all back up documentation will then ATTACHMEMT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project: New Construction, Installation and Renovation, including but not limited to: Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying communication towers) o Waterside Structures (such as dock houses, piers, etc.) o Placing a repeater and/or other equipment on an existing tower Renovation of and modification to buildings and structures that are 50 years old or older Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security Physical Security Enhancements, including but not limited to: Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements o interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS I. Submit the Final Screening Memo to the SAA for review prior to funds being expended. II. The SAA will review and notify the sub-recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, page 2. II. The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPD) for an EHP regulatory compliance review. III. Complete the attached National Environmental Policy Act (NEPA) Compliance checklist IV. Prepare maps indicating the location(s) of proposed project (Guidance provided) V. Take photographs of the location(s) of proposed project (Guidance provided) VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the Centralized Scheduling and Information Desk (CSID) at askcsid@dhs.gov. VII. CSID will send an email confirming receipt of the project description. VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies sub- decision. IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation. ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Provisions as described in Appendix II to Part 200: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-574,Version:1 TO: Mayor and Commissioners FROM: Neal R. de Jesus, Fire Chief THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 FY 2015 DOMESTIC PREPAREDNESS GRANT (FEDERAL GRANT #EMW-2015-SS-00083-S01) Recommended Action: Motion to Accept grant funding from the FY 2015 State Homeland Security Grant Program for the amount of $41,866.00 from the State Homeland Security Grant Program for the Fire-Rescue Department. Background: TheFire-RescueDepartmenthasbeenawardedaHomelandSecurityDomesticPreparednessGrant intheamountof$41,866.00toprovidesustainmentofequipmentandtrainingforhazardous materials incidents and incidents involving weapons of mass destruction (WMD). Delray Beach Fire-Rescue Department is a state funded Hazardous Materials Response Team within Florida’s Regional Domestic Security Task Force (Region 7). The team is funded through the State Homeland Security Grant Sub-Recipient Funding Agreement. This Grant provides for the sustainment and repair of state funded equipment for responses to hazardous materials and WMD incidents. Additionally, the Grant provides for training of our personnel in hazardous materials and domestic preparedness courses. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: This is a cost-reimbursement Agreement of federally awarded funds from the Department of Homeland Security/FEMA and serviced by the Florida Division of Emergency Management (FDEM). Timing of Request: The date of execution for the FY 2015 Domestic Preparedness Grant is December 31, 2016. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ Contract Number: 16-DS-T9-10-60-02- FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a“subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.” As defined by 2 C.F.R. §200.74, “pass-through entity” means “a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program.” As defined by 2 C.F.R. §200.93, “Sub-Recipient” means “a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program.” As defined by 2 C.F.R. §200.38, “Federal award” means “Federal financial assistance that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity.” As defined by 2 C.F.R. §200.92, “subaward” means “an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity.” The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient’s name:Delray Beach Fire Rescue____ Sub-Recipient's unique entity identifier(DUNS):_________________________ Federal Award Identification Number (FAIN):EMW-2015-SS-00083-S01____ Federal Award Date:9/1/2015__________________ Subaward Period of Performance Start and End Date:Date of Execution –12/31/2016 Amount of Federal Funds Obligated by this Agreement:$41,866.00________________ Total Amount of Federal Funds Obligated to the Sub-Recipient:_________________________ Total Amount of the Federal Award:$10,068,475.00____________ Federal award project description (see FFATA):See Article I, Agreement _____ Articles: EMW-2015-SS-00083 Name of Federal awarding agency: Dept. of Homeland Security/FEMA Name of pass-through entity: FL Div. of Emergency Management Contact information for the Pass-through entity:_ 2555 Shumard Oak Blvd.______ Tallahassee, FL 32399-2100_____ CFDA Number and Name: 97.067 Homeland Security Grant_Program 1 Whether the award is Research &Development:No (N/A)__________________ Indirect cost rate for the Federal award:_32.78%__________________ THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Delray Beach Fire Rescue, (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THEFOLLOWING REPRESENTATIONS: A.The Sub-Recipientrepresents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B.The State of Floridareceived these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipientupon the terms and conditions outlined below; and, C.The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipientagreeto the following: (1)APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: “Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds.” Therefore, section 215.971, Florida Statutes, entitled “Agreements funded with federal or state assistance”, shall applyto this Agreement. (2)LAWS, RULES, REGULATIONS AND POLICIES a.The Sub-Recipient's performance under this Agreement issubject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” b.As required by Section 215.971(1), Florida Statutes, this Agreement includes: i.A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii.A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii.A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv.A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. 2 v.A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi.A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c.In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment D. (3)CONTACT a.In accordance with section 215.971(2), Florida Statutes, the following Division employee shall serve as the grant manager for this agreement, shall be responsible for enforcing performance of this Agreement’s terms and conditions, and shall serve as the Division’s liaison with the Sub-Recipient: Carolyn L. Coleman MSW 2555 Shumard Oak Boulevard Tallahassee, FL 32399______ Telephone:(850)413-9974___ Fax:(850) 922-8689________ a.Email:Carolyn.coleman@em.myflorida.com The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: _______________________ _______________________ _______________________ Telephone:______________ Fax:___________________ Email:__________________ b.In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be providedto the other party. (4)TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5)EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6)MODIFICATION 3 Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shallbe valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7)SCOPE OF WORK. The Sub-Recipientshall perform the work in accordance with the Attachment A, Budget andAttachment B, Scope of Work, of this Agreement. (8)PERIOD OF AGREEMENT. 12/31/2016 This Agreement shall begin upon execution by both parties and shall end on, unless terminated earlier in accordance withthe provisions of Paragraph (17) of this Agreement. Consistent with the definition of “periodof performance” contained in 2 C.F.R. §200.77, the term “period of agreement” refers to the time during which the Sub-Recipient “may incurnew obligations to carry out the work authorized under” this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreementonly for “allowable costs incurred during the period of performance.” In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement “only for allowable costs resulting from obligations incurred during” the period of agreement. (9)FUNDING a.This is a cost-reimbursement Agreement,subject to the availability of funds. b.The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance witheitherChapter 216, Florida Statutes,or the Florida Constitution. c.The Division will reimburse the Sub-Recipient onlyfor allowable costs incurredby the Sub-Recipientin the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement(“Budget and Scope of Work”). The $41,866.00. maximum reimbursement amount for the entirety of this Agreement is d.As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” e.The Division will review any request forreimbursement by comparing the documentation provided by the Sub-Recipient againsta performance measure,outlined in Attachment B, Scope of Work,that clearly delineates: 4 i.The required minimum acceptable level of service to be performed;and, ii.Thecriteria for evaluating the successful completion of each deliverable. f.The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a“performance goal”, which is defined in 2 C.F.R. §200.76 as “a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared.”It also remains consistent withthe requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient“relate financial data to performance accomplishments of the Federal award.” g.If authorized by the Federal Awarding Agency, then theDivision will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 (“Compensation—personal services”) and 2 C.F.R. §200.431 (“Compensation—fringe benefits”). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as “allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages.” Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i.They are provided under established written leave policies; ii.The costs are equitably allocated to all related activities, including Federal awards; and, iii.The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h.If authorized by the Federal Awarding Agency, then theDivision will reimburse the Sub-Recipient for travelexpenses in accordance with 2 C.F.R. §200.474. If the Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i.The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient’s written travel policy; and, ii.Participation of the individual in the travel is necessary to the Federal award. i.The Division’s grant manager,as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period 5 and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j.As defined by 2 C.F.R. §200.53, the term “improper payment” means or includes: i.Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii.Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a.As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoythe right of access to any documents, papers, or other records of the Sub-Recipientwhich are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient’spersonnel for the purpose of interview and discussion related to such documents.Finally, the rightof access isnot limited to the required retention period but lastsas long as the records are retained. b.As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief InspectorGeneralof the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoythe right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access alsoincludes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of interview and discussion related to such documents. c.As required by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well asthe compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of three(3) years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: i.If any litigation, claim, or audit is started before the expiration of the three (3) year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii.When the Division or the Sub-Recipientis notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. 6 iii.Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. iv.When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the three (3)yearretention requirement is not applicable to the Sub- Recipient. v.Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi.Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d.In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipientwhen it determines that the records possess long-term retention value. e.In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreementinformation to and from the Sub-Recipientupon request. If paper copies are submitted, then theDivisionmust not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f.As required by 2 C.F.R. §200.303, the Sub-Recipient shall takereasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Divisiondesignates as sensitive or the Sub-Recipientconsiders sensitive consistent with applicable Federal, state,local, and tribal laws regarding privacy and obligations of confidentiality. g.Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates 7 the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h.Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i.The Sub-Recipientshall maintain all records for the Sub-Recipientand for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -Attachment Aand B-and all other applicable laws and regulations. (11)AUDITS a.The Sub-Recipient shall complywiththe audit requirements contained in 2 C.F.R. Part 200, Subpart F. b.In accountingfor the receipt and expenditure of funds under this Agreement, the Sub-RecipientshallfollowGenerally Accepted Accounting Principles(“GAAP”).As defined by 2 C.F.R. §200.49, GAAP “has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).” c.When conducting an audit of the Sub-Recipient’s performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards (“GAGAS”).As defined by 2 C.F.R. §200.50, GAGAS, “also known as the Yellow Book, means generally accepted government 8 auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.” d.If anaudit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty(30)days after the Division has notified the Sub-Recipient of such non- compliance. e.The Sub-Recipient shall have all audits completed by anindependent auditor, which is defined in section 215.97(2)(g), Florida Statutes,as “an independent certified public accountant licensed under chapter 473.”The independent auditorshall state that the audit complied with the applicable provisions notedabove. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient’s fiscal year. f.The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g.The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h.The Sub-Recipient shallsendany management letter issued by the auditorto the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a.Consistent with 2 C.F.R. §200.328, theSub-Recipientshall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipientand all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. 9 b.Quarterly reports are due to the Division no later thanthirty (30)days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c.The close-out report is due sixty (60)days after termination of this Agreement or sixty (60)days after completion of the activities contained in this Agreement, whichever first occurs.All closeout reports shall be due no later than August 31,2018, regardless of the time extension or other exceptional circumstances. d.If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e.The Sub-Recipientshall provide additional program updates or information that may be required by the Division. f.The Sub-Recipientshall provide additional reports and information identifiedin Attachment A(Scope of Work). (13)MONITORING. a.The Sub-Recipientshall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment Atothis Agreement, and reported in the quarterly report. b.In addition to reviews of audits, monitoring procedures may include, but not belimited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipientis appropriate, the Sub-Recipientagrees to comply with any additional instructions provided by the Division to the Sub-Recipientregarding such audit. The Sub-Recipientfurther agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipientthroughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a.Unless Sub-Recipientis a State agencyor subdivision, as defined in section 768.28(2),Florida Statutes,the Sub-Recipientis solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipientshall 10 hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipientagrees that it is not an employee or agent of the Division, but is an independent contractor. b.As required by section 768.28(19), Florida Statutes, any Sub-Recipientwhich is a state agency or subdivision, as defined in section 768.28(2),Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes.Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipientto which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shallterminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a.If any warranty or representation made by the Sub-Recipientin this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipientfails to keepor perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b.If material adverse changes occur in the financial condition of the Sub-Recipientat any time during the term of this Agreement,and the Sub-Recipientfails to cure this adverse change within thirty days from the date writtennotice is sent by the Division; c.If any reports requiredby this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information;or, d.If the Sub-Recipienthas failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipientand upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a.Terminate this Agreement, provided that the Sub-Recipientis given at least thirty(30) days prior written notice of the termination. The notice shall be effective when placed in the United 11 States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b.Begin an appropriate legal or equitable action to enforce performance of this Agreement; c.Withhold or suspend payment of all or any part of a request for payment; d.Require that the Sub-Recipientrefund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e.Exercise any corrective or remedial actions, to include but not be limited to: i.request additional information from the Sub-Recipientto determine the reasons for or the extent of non-compliance or lack of performance, ii.issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii.advise the Sub-Recipientto suspend, discontinue or refrain from incurring costs for any activities in question or iv.require the Sub-Recipientto reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f.Exercise any other rights or remedies which may be available underlaw. Pursuingany of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by theSub-Recipient. (17)TERMINATION. a.The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipientto permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119,Florida Statutes, as amended. b.TheDivision may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipientwith thirty calendar days prior written notice. c.The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d.In the event that this Agreement is terminated, theSub-Recipientwill not incur new obligations for the terminated portion of the Agreement after the Sub-Recipienthas received the notification of termination. The Sub-Recipientwill cancel as many outstanding obligations as possible. 12 Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipientshall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipientfor the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipientis determined. (18)SUBCONTRACTS If the Sub-Recipientsubcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Sub-Recipient.The Sub-Recipientagrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub- Recipientharmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Sub-Recipientshall document in the quarterly report the subcontractor’s progress in performing its work under this Agreement.For each subcontract, the Sub-Recipientshall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,Florida Statutes. (19)ATTACHMENTS a.All attachments to this Agreement are incorporated as if set out fully. b.In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c.This Agreement has the following attachments: i.Exhibit 1 -Funding Sources ii.Attachment A –Budget iii.Attachment B –Scope of Work iv.Attachment C -Deliverables and Performance v.Attachment D –Program Statutes and Regulations vi.Attachment E –Justification of Advance Payment vii.Attachment F –Warranties and Representations viii.Attachment G –Certification Regarding Debarment ix.Attachment H –Statement of Assurances x.Attachment I –Reimbursement Checklist xi.Attachment J –Monitoring Guidelines xii.Attachment K –Environmental Planning & Historic Preservation Guidelines xiii.Attachment L –Mandatory Contract Provisions (20)PAYMENTS 13 a.Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16),Florida Statues.All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. b.After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Sub-Recipientagrees to expend funds in accordance with the Attachment A, Budget and Attachment B, Scope of Workofthis Agreement. c.Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Sub-Recipientcertifying that “all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts.” The supporting documentation must comply with the documentation requirements containedin 2 C.F.R. Part 200. The final invoice shall be submitted within forty-five(45) days after the expiration date of the agreementorforty-five (45) days after completion of the activities contained I this Agreement, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part ofthe Sub-Recipient’s quarterly reporting as referenced in Paragraph 7 of this Agreement.All invoices shall be due no later than August 16, 2018, regardless of time extensions or other exceptional circumstances. d.If the necessary funds are not available tofund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b.of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipientshall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a.All refunds or repayments due to the Division under this Agreement are to be made payable to the order of “Division of Emergency Management”, and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 14 b.In accordance with Section 215.34(2),Florid Statutes, if a check or other draft is returned to the Division for collection,Sub-Recipientshall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a.The validity of this Agreementis subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipientin this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials areincorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b.This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c.Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d.The Sub-Recipientagrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e.Those who have been placed on the convictedvendor list following a conviction for a public entity crime or on the discriminatoryvendor list 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f.Any Sub-Recipientwhich is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 15 ii.Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii.Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and, iv.Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g.If the Sub-Recipientis unable to certify to any of the statements in this certification, then the Sub-Recipientshall attach an explanation to this Agreement. Inaddition, the Sub-Recipientshall send to the Division (by email or by h. facsimile transmission) the completed “Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion” (Attachment G) for each intended subcontractor which Sub- Recipientplans to fund under this Agreement. The form must be received by the Division before the Sub-Recipiententers intoa contract with any subcontractor. i.The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipientrefuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,Florida Statutes, which the Sub-Recipientcreated or received under this Agreement. j.If the Sub-Recipientis allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division’s obligation to pay the contract amount. k.The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) \[Section 274A(e) of the Immigration and Nationality Act (“INA”)\]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-Recipientof the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. l.All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION 16 a.2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b.No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. c.The Sub-Recipientcertifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i.No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipientshall complete and submit Standard Form-LLL, "Disclosure of LobbyingActivities." iii.The Sub-Recipientshall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv.This certification is a material representation of fact uponwhich reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a.If the Sub-Recipienthas a pre-existing patent or copyright, the Sub-Recipientshall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 17 b.If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipientshall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipientshall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipientto the State of Florida. c.Within thirty (30) days of execution of this Agreement, the Sub-Recipientshall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipientshall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (25)LEGAL AUTHORIZATION. The Sub-Recipientcertifies that it has the legal authorityto receive the funds under this Agreement and that itsgoverning body has authorized the execution and acceptance of this Agreement. The Sub-Recipientalso certifies that the undersigned person has the authority to legally execute and bind Sub-Recipientto the terms of this Agreement. (26)ASSURANCES. The Sub-Recipientshall comply with any Statement of Assurances incorporated as Attachment H. 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT:DELRAY BEACH FIRE RESCUE By:______________________________________ Name and Title: ____________________________ Date:_____________________________________ FID# _____________________________________ Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By:______________________________________ Name and Title: ____________________________ Date:____________________________________ 19 EXHIBIT –1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENTUNDER THIS AGREEMENT: Federal Program Federal agency:U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance Title and number: CFDA 97.067 Award amount: $ 41,866.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCESAWARDED UNDER THIS AGREEMENT: Chapter 215, 252,473Florida Statutes Rule Chapters 27P=6, 27P-11 and 27P-19. Florida Administrative Code 2 CFR Part 200 Federal Program: List applicable compliance requirements asfollows: First applicable compliance requiremente.g., what activities/services/purposes the federal resources must 1.( be used for ): Sub-recipient is to use funding to perform eligible activities as identified FY2015 Departmentof Homeland Security Notice of Funding Opportunity(NOFO). Second applicable compliance requirement (e.g., eligibility requirements for Sub-Recipients of the 2. resources: Sub-recipient is subject to all administrative and financial requirements as setforth in this Agreement or will not be in compliant with the terms of the Agreement. 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal NOTE: Programs and State Projects included in Exhibit 1 be provided to the Sub-recipient. 20 ATTACHMENT A PROPOSED PROGRAM BUDGET Below is a general budget which outlines eligible categories and their allocation under this award. The Sub-recipient is to utilize the “Proposed Program Budget” as a guide for completing the “Budget Detail Worksheet” below. The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA’s preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub-categories, tertiary categories, and then individual equipment items. The AEL can be found at http://beta.fema.gov/authorized-equipment-list. The transfer offunds between the categorieslisted in the “Proposed Program Budget” ispermitted. However, the transfer offunds between Issues is strictly prohibited. GrantSub-recipient AgencyCategoryAmount Allocated HazMat Sustainment –Issue 6 $14,226 Delray Beach Fire Rescue FY 2015-State Homeland Security Grant Program HazMat Critical Needs –Issue 7 $11,640 HazMat/MARC Training–Issue 18 $16,000 TotalAward$41,866 21 BUDGET DETAIL WORKSHEET The Sub-recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the “Proposed Program Budget”. If any changes need to be made to the “Budget Detail Worksheet”, afterthe execution of this agreement, contact the grant manager listed in this agreement via email or letter. FY2015 Budget Detail Worksheet–Eligible Activities (Not limited to activities below) Issue Allowable Training CostsQuantityUnit CostTotal Cost Number Developing, Delivering, and Evaluating Training Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes. Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities Full or Part-Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Tuition for higher education Other items $ TOTAL TRAINING EXPENDITURES Eligible Equipment Acquisition Costs The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment QuantityUnit CostTotal Cost categories, and specific equipment eligible under each category, are listed on the web-based version of the Authorized Equipment List (AEL) http://beta.fema.gov/authorized-equipment-list. at Issue Number Personal protective equipment Explosive device mitigation and remediation equipment CBRNE operational searchand rescue equipment Information technology Cyber security enhancement equipment 22 Interoperable communications equipment Detection Equipment Decontamination Equipment (HSGP only) Medical supplies Power equipment CBRNE reference materials CBRNE incident response vehicles Terrorism incident prevention equipment Physical security enhancement equipment Inspection and Screening systems Agriculture Terrorism Prevention, Response, and Mitigation Equipment (HSGP only) CBRNE Prevention and Response watercraft CBRNE Aviation Equipment CBRNE logistical support equipment Intervention equipment Public Alert and Warning Equipment Disability Access and Functional Needs Other authorized equipment costs (include any construction or renovation costs in this category; Written approval must be provided by FEMA prior to the use of any funds for construction or renovation) $ TOTAL EXPENDITURESFOR ALL CATEGORIES 23 ATTACHMENT B SCOPE OF WORK Sub-recipients must comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funding is provided to perform eligible activities as identified in the Domestic Homeland Security – Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2015Homeland Security Grant Program (HSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I.Issue and Project Description Issue 6- Supports the sustainment of equipment for the 19 approved Type I CBRNE Capable Hazardous Materials Teams across the state. Issue 7 - Supports the build out of critical needs equipment for 8 of the approved Type I CBRNE Capable Hazardous Materials Teams across the state. Issue 18- Project supports training and exercises for the specialized Type I CBRNE Hazardous Materials and MARC teams. II.Categories and Eligible Activities Training and Equipment FY2015allowable costs are divided into the following categories: are allowable cost. Each category’s allowable costs have been listed in the “Budget Detail Worksheet” above. A.Allowable Training Related Costs Allowable training-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI programs and/or in conjunction withemergency preparedness training by other Federal agencies (e.g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an AAR/IP or other assessments (e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training gaps, including those for children, older adults, pregnant women, and individuals with disabilities and others who also have or access and functional needs, should be identified in the AAR/IP and addressed in the state or Urban Area training cycle. Sub-recipients are encouraged to use existing training rather than developing new courses. When developing new courses, sub-recipients are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation model of instructional design using the Course Development Tool. Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved trainingclasses Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Training workshops and conferences Activities to achieve training inclusive of people with disabilities 24 Full-or part-time staff or contractors/consultants Travel Supplies associated with allowable approved trainingthat are expended or consumed during the course of the planning and conduct of the exercise project(s) Instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training exercises Interoperable communications training Additional Training Information Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-1,Review and Approval Requirementsfor Training Courses Funded Through Preparedness Grants, issued on September 9, 2013, states, territories, Tribal entities and urban areas are no longer required to request approval from FEMA for personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by the state, territory, Tribal or Urban Area Training Point of Contact (TPOC) and falls within the FEMA mission scope and the jurisdiction’s Emergency Operations Plan (EOP). The only exception to this policy is for Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DHS/FEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, sub-recipients will be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center (RTDC) website. DHS/FEMA Provided Training.These trainings include programs or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for Domestic Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and Education Division’s (NTED) training partner programs including, the Continuing Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal sponsored courses that fall within the DHS/FEMA mission scope, and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at http://www.firstrespondertraining.gov. Training Not Provided by DHS/FEMA.These trainings includes courses that are either state sponsored or Federal sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the DHS/FEMA mission scope to prepare state, local, Tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. State Sponsored Courses . These courses are developed for and/or delivered by institutions or organizations other than Federal entities or FEMA and are sponsored by the SAA or their designated TPOC. 25 Joint Training and Exercises with the Public and Private Sectors . These courses are sponsored and coordinated by private sector entities to enhance public-private partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. Overtime pay for first responders and emergency managers who participate in public-private training and exercises is allowable. In addition, States, territories, Tribes, and Urban Areas are encouraged to incorporate the private sector in government-sponsored training and exercises. Additional information on both DHS/FEMA provided training and other federal and state training can be found at http://www.firstrespondertraining.gov. Training Information Reporting System (“Web-Forms”). Web-Forms is an electronic form/data management system built to assist the SAA and its designated State,territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web-Forms is not required under FY 2015HSGP, however, the system remains available and can be accessed through the FEMA Toolkit located at http://www.firstrespondertraining.gov/admin in order to support grantees in their own tracking of training. FDEM State Training Office conditions : For the purposes of this Agreement, any training course listed on theDHS approved course catalog qualifies as an authorized course.The Sub- recipientcan successfully complete an authorized course either by attending or conducting that course. In order to receive payment for successfully attending an authorized training course, the Sub-recipientmust provide the Division with a certificate of course completion; additionally, the Sub-recipientmust provide the Division with all receipts that document the costs incurred by the Sub-recipientin order to attend the course. In order the receive payment for successfully conducting an authorized course, the Sub-recipientmust provide the Division with the course materials and a roster sign-in sheet; additionally, the Sub-recipientmust provide the Division with all receipts that document the costs incurred by the Sub-recipientin order to conduct the course.” For courses that are non-DHS approved training, sub-recipientmust request approval to conduct training through the use of the Non-TED Form and provide a copy, along with email, showing approval granted for conduct. For the conduct of training workshops, sub-recipientmust provide a copy of the course materials and sign-in sheets. 15 The number of participants must be a minimum of in order to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. Unless the sub-recipientreceives advance written approval from the State Training Officer for the number of participants, then the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any training with less than 15 participants. The Sub-recipientmust include with the reimbursement package a separate copy of the page(s) from the State (and County or Regional) MYTEP reflecting the training. 26 B.Equipment Acquisition The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on http://beta.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS- adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year’s the period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period. The equipment, goods, and supplies (“the eligible equipment”) purchased with funds provided under this agreement are for the purposes specified in “Florida’sDomestic Security Strategy”.Equipment purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards.The sub-recipient shall place the equipment throughout the State of Florida in sucha manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. The Florida Division of Emergency Management (FDEM)must approve any purchases of equipment not itemized in a project’s approved budget in advance of the purchase. The sub-recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the “FloridaDomestic Security Strategy,” ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect.Prior to requesting a response,the FDEM will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The sub-recipient shall notify the FDEMOffice of Domestic Preparedness at 2555 Shumard Oak Blvd., Tallahassee, Florida 32399 one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy or when it has been expended.The sub-recipient shall notify the FDEM immediately if the equipment is destroyed, lost, or stolen. The sub-recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the FDEM. Allprocurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: 27 2 C.F.R. Part 200; Chapter 287, Florida Statues; and, any local procurement policy. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally, the sub-sub-recipient shall not execute a piggy-back contract unless the Division has approved the scope of work contained in the original contract that forms the basis for the piggy-back contract.Also, in order to receive reimbursement from the Division, the sub-sub- recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement.Furthermore, if requestedby the Division, the sub- sub-recipient shall provide copies of solicitation documents including responses and justification of vendor selection. C.Procurement All procurement transactions will be conducted in a manner providing full and open competitionand shall comply with the standards articulated in: 2 C.F.R. Part 200; Chapter 287, Florida Statues; and, any local procurement policy. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally, the sub-sub-recipient shall not execute a piggy-back contract unless the Division has approved the scope of work contained in the original contract that forms the basis for the piggy-back contract.Also, in order to receive reimbursement from the Division, thesub-sub- recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement.Furthermore, if requested by the Division, the sub- sub-recipient shall provide copies of solicitation documents including responses and justification of vendor selection. D.Piggy-backing The practice of procurement by one agency using the agreement of another agency is called piggybacking.The ability to piggyback onto an existing contract is not unlimited.The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor’s consent.The terms and conditions of the new contract, including the scope of work, must be substantially the sameas those of the existing contract.The piggyback contract may not exceed the existing contract in scope or volume of goods or services.An agency may not use the preexisting contract merely as a “basis to begin negotiations” for a broader or materially different contract. Unallowable Costs (SHSP, UASI and OPSG) Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP. E.Reporting Requirements 1.Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Sub-recipient’s reporting is current. 28 If a report goes two (2) consecutive quarters without Sub-recipientreflecting any activity and/or no expenditures will likely result in termination of the agreement. Programmatic Reporting Schedule Reporting PeriodReport due to FDEM no laterthan January 1 through March 31April 30 April 1 through June 30July 30 July 1 through September 30October 30 October 1 through December 31January 30 2.Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at anytime during the contract period. Reimbursements must be requested within ninety (90)calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety (90) calendardaysof expenditure shall result in denial of reimbursement. This is separate from the final claim which is due no later than forty-five (45) days after termination of the agreement or completion of project activity. The Sub-recipient should include the category’s corresponding line item (or Issue) number in the “Detail of Claims” form. This number can be found in the “Proposed Program Budget”. A line item number is to be included for every dollar amount listed in the “Detail of Claims” form.For equipment items, the AEL must be listed on the “Detail of Claims” form. 3.Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60)calendar days after the agreement is either completed or the agreement has expired. F.Programmatic Point of Contact Contractual Point of ContactProgrammatic Point of Contact Carolyn ColemanOwen Roach FDEMFDEM 2555 Shumard Oak Blvd.2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100Tallahassee, FL 32399-2100 (850) 413-9974(850) 410-1599 carolyn.coleman@em.myflorida.comowen.roach@em.myflorida.com G.Contractual Responsibilities The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. 29 ATTACHMENT C DELIVERABLES AND PERFORMANCE State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven, capabilities-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability levels are assessed in the State Preparedness Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-recipientfor the actual cost of successfullycompleting a training course listed on the Department of Homeland Security (DHS) approved course catalog. For non-DHS approved courses the sub-recipientshall obtain advance FDEM approval using the Non-TED form by contacting their grant manager. The DHScourse catalog is available online at: http://www.firstrespondertraining.gov. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course.The Sub- recipientcan successfully complete an authorized course either by attending or conducting that course. Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL).For the purposes of this Agreement, any item listed on the AELqualifies as an authorized item.The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on the Lessons Learned Information System at http://beta.fema.gov/authorized-equipment-list.In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Minimum Performance: Costs for allowable items will be reimbursed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment A of this agreement. 30 ATTACHMENT D PROGRAM STATUTES AND REGULATIONS 1)Age Discrimination Act of 197542U.S.C. §6101 et seq. 2)Americans with Disabilities Act of 199042U.S.C. §12101-12213 3)Chapter 473, Florida Statutes 4)Chapter 215, Florida Statutes 5)Chapter 252, Florida Statutes 6)Title VI of the Civil Rights Act of 196442U.S.C. §2000et seq. 7)Title VIII of the Civil Rights Acts of 1968 42 U.S.C. §3601 et seq. 8)Copyright notice 17 U.S.C. §§401 or 402 9)Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10)Debarment and Suspension Executive Orders 12549 and 12689 11)Drug Free Workplace Act of 1988 41 U.S.C.§701 et seq. 12)Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13)Energy Policy and Conservation Act 42 U.S.C. §6201 14)False Claims Act and Program Fraud Civil Remedies 31 U.S.C.§3729 also 38 U.S.C. §3801-3812 15)Fly America Act of 1974 49 U.S.C. §41102 also 49 U.S.C.§40118 16)Hotel and Motel Fire Safety Act of 1990 15 U.S.C. §2225a 17)Lobbying Prohibitions 31 U.S.C.§1352 18)Patents and Intellectual Property Rights 35 U.S.C. §200 et seq. 19)Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20)Terrorist Financing Executive Order 13224 21)Title IX of the Education Amendments of 1972(Equal Opportunity in Education Act) 20 U.S.C. §1681 et seq. 22)Trafficking Victims Protection Act of 2000 22 U.S.C. §7104 23)Rehabilitation Act of 1973 Section 504, 29 U.S.C. §794 24)USA Patriot Act of 2001 18 U.S.C. §175-172c 25)Whistleblower Protection Act 10 U.S.C. §2409, 41US.C. 4712, and 10 U.S.C.§ 2324, 41 U.S.C. §§4304 and 4310 26)53 Federal Register 8034 27)Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 31 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT:______________________________________________________________ If you are requesting an advance, indicate same by checking the box below. \[ \] ADVANCE REQUESTED Advance payment of $ _____________ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS20___-20___ Anticipated Expenditures for First Three Months (90 (list applicable line items)days) of Funding Agreement For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION(For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the Funding Agreement term. Supporting documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the Funding Agreement term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 32 ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Management The Sub-Recipient’s financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Codes of conduct. The Sub-recipientshall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Sub-recipientshall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Sub-recipient. Business Hours The Sub-recipientshall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from:______________________________________________________ ___________________________________________________________________________________ Licensing and Permitting All subcontractors or employees hired by the Sub-recipientshall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-recipient. 33 ATTACHMENT G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, ____________________________, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2)Where the Sub-recipient’s subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: ______________________________ By:____________________________ __________________________________ SignatureSub-Recipient’s Name __________________________________________________________________ Name and TitleFDEM Contract Number __________________________________________________________________ Street AddressProject Number ________________________________ City, State, Zip ________________________________ Date 34 ATTACHMENT H STATEMENT OF ASSURANCES All sub-recipientsmust acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipient will acknowledge their use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 2. Sub-recipientmute ensure that project activities carried outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits or approvals are obtained. 3. Sub-recipient will comply with the minimum wage and maximum hour’s provisions of the Federal Fair Labor Standards Act. 4. Sub-recipient will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselvesor others, particularly those with whom they have family, business, or other ties. 5. Sub-recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy records, accounts, andbooks, papers, or documents related to the grant. 6. Sub-recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 7. Sub-recipientwill ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. Sub-recipient must cooperate with any compliance review or compliant investigation conducted by DHS. 9. Sub-recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support reports.Sub-recipients should also comply with all other special reporting, data collection and evaluation requirements, as prescribes by law or detailed in program guidance. 10. If, during the past three years, the sub-recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the sub-recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to FDEM for forwarding to the DHS awarding office and the DHS Component. 11. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a sub-recipientof funds, the sub-recipientwill forward a copy of the finding to the Office for Civil Rights,Office of Justice Programs. 35 ATTACHMENT I REIMBURSEMENT CHECKLIST Use this checklist as a tool for completing reimbursement packages PLANNING 1.Does the amount billed by consultant add up correctly? 2.Hasall appropriate documentation to denote hours worked been properly signed? 3.Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note -If a meeting was held by sub-recipientor contractor/consultant of sub-recipient, an agenda and signup sheet with meeting date must be included). 4.Has the invoice from consultant/contractor been included?(Note –grant agreement must be referenced on the invoice.) 5.Has proof of payment been included? ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 6.Has Attachment G(found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? 7.Has proof of purchase methodology been included(Form 5 Procurement)? ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under ) Organization TRAINING 1.Is the course DHS approved? 2.Is there a course or catalog number? If not, has FDEM approved the non-DHS training? 36 3.Have Sign-InSheets, Rosters and Agenda been provided? 4.If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? ______ Have documentationfrom entity’s financial system been provided as proof attendees were paid? ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 5.Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? 6.Has any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment must be submitted. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 7.Has proof of purchase methodology been included(Form 5 Procurement)? ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) EXERCISE 1.Has documentation been provided on the purpose/objectives of the exercise? ______ Situation Manual ______ Exercise Plan 2.If exercise has been conducted are the following included: ______ After-action report ______ Sign-in sheets ______ Agenda ______ Rosters 3.If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? ______ Have documentation from entity’s financial system been provided to prove attendees were paid? 37 ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 4.Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? 5.Haveany expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be included. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 6.Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be included. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 7.Has proof of purchase methodology been included(Form 5 Procurement)? ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) EQUIPMENT 1.Haveallinvoices been included? 2.Has an AEL # been identified for each purchase? 3.If service/warranty expenses are listed, are they only for the performance period of the grant? 4.Has proof of payment been included? ______ Canceled check ______ ElectronicFunds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 5.If EHP form needed,has acopy of the approval DHS been included? 6.Has proof of purchase methodology been included(Form 5 Procurement)? ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) 38 ______ Competitive bid results (e.g. Quotewire, bid tabulation page) TRAVEL/CONFERENCES 1.Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? ______ Airplane receipts ______ Proof of mileage(Google or Yahoo map printout or mileage log) ______ Toll and/or Parking receipts ______ Hotel receipts(is there a zero balance?) ______ Car rental receipts ______ Registration fee receipts ______ Note: Make sure that meals paid for by conference are not included in per diem amount 2.If travel is a conference has the conference agenda been included? 3.Has proof of payment to traveler been included? ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement ______ Copy of paycheck if reimbursed through payroll MATCHING FUNDS 1.Contributions are from Non Federal funding sourcesidentified? 2.Contributions are from cash or in-kind contributions which may include training investments. 3.Contributions are not from salary, overtime or other operational costs unrelated to training. SALARY POSITIONS 1.Has a signed timesheet by employee and supervisor included? 2.Has proof for time worked by the employee been included? Is time period summary included? ______ Statement of Earnings ______ Copy of Payroll Check ______ Payroll Register ______ Time and Effort Log (Form 6) 39 ______ For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? ORGANIZATION 1.If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? ______ Have documentation from entity’s financial system been provided to prove attendees were paid? ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? FOR ALL REIMBURSEMENTS -THE FINAL CHECK 1.Have all relevant forms been completed and included with each request for reimbursement? 2.Have the costs incurred been charged to the appropriate POETE category? 3.Does the total on all Forms submitted match? 4.Has Reimbursement Form been signed by the Grant Manager and Financial Officer? 5.Has the reimbursement package been entered into sub-sub-recipients records/spreadsheet? 6.Havethe quantity and unit cost been notated on Reimbursement Budget Breakdown? 7.If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? 8.Do all of your vendors have a current W-9 (Tax Payer Identification)on file? Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 40 ATTACHMENT J MONITORING GUIDELINES Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds.The Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and statutory regulations. The monitoring process is designed to assess a sub-recipientagency’s compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits.There are two primary areas reviewed during monitoring activities -financial and programmatic monitoring.Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts.Programmatic monitoring is the observation of equipment purchased, protocols and other associated records.Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and telephone.On-Site Monitoring are actual visits to the sub-recipientagencies by a Divisionrepresentative who examines records, procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will conduct monitoring for up to 50% of their sub-grantees. It is important to note that although a given grant has been closed, it is still subject to either desk or on-site monitoring for a three (3)year period following closure. Areas that will be examined include: Management and administrative procedures; Grant folder maintenance; Equipment accountability and sub-hand receipt procedures; 41 Program for obsolescence; Status of equipment purchases; Status of training for purchased equipment; Status and number of response trainings conducted to include number trained; Status and number of exercises; Status of planning activity; Anticipated projected completion; Difficulties encountered in completing projects; Agency NIMS/ICS compliance documentation; Equal Employment Opportunity (EEO Status); Procurement Policy FDEM may request additional monitoring/information if the activity, or lack there of, generates questions from the region, the sponsoring agency or FDEM leadership.The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process.Sub-recipients will be required toparticipate in desk top monitoring on an annual basis and as determined by the FDEM.This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the FDEM determines that a sub-recipientis having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.Information will include the grant sub-recipient agency name, year and project description and the nature of the issue in question.Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance.Examples of TA include but are not limited to: Equipment selection or available vendors Eligibility of items or services Coordination and partnership with other agencies within or outside the region or discipline Record Keeping 42 Reporting Requirements Documentation in support of a Request for Reimbursement On-Site Monitoring will be conducted by the FDEM or designated personnel.On-site Monitoring visits will be scheduled in advance with the sub-recipientagency POC designated in the grant agreement. The FDEM will also conduct coordinated financial and grant file monitoring.These monitoring visits will be coordinated with the capability review visits.Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. On-site Monitoring Protocol On-site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for thatfederal fiscal year (FFY).Site visits may be combined when geographically convenient.There is a financial and programmatic on-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent tothe sub-recipientagency Point of Contact (POC) outlining the date, time and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. 43 On-Site Monitoring Visit Once FDEMpersonnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation.Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item should be visually inspected whenever possible.Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per sub-recipientagency requirements.The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capital expenditures in excess of $1,000. per item). If an item is not available (being used during time ofthe site visit), the appropriate documentation must be provided to account for that particular piece of equipment.Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Monitoring Visit FDEM personnel will review the on-site monitoring review worksheets and backup documentation as a team and discuss the events of the on-site monitoring. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations.Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub grant Agreement. The On-Site Monitoring Worksheets, the monitoring report and all back up documentation will then be included in the grantee’s file. 44 ATTACHMEMT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCEGUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirementsprior to initiation of the project: New Construction, Installation and Renovation, including but not limited to: Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying communication towers) o Waterside Structures (such as dock houses, piers, etc.) o Placing a repeater and/or other equipment on an existing tower Renovation of and modification to buildings and structures that are 50 years old or older Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security Physical Security Enhancements, including but not limited to: Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements o In addition, the erection of communications towers that are included in a jurisdiction’s interoperable communications plan isallowed, subject to all applicable laws, regulations, and licensing provisions.Communication tower projects must be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS I.Submit the Final Screening Memo to the SAA for review prior to funds being expended. II.The SAA will review and notify the sub-recipientof its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA I.Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements,page 2. II.The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPD) for an EHP regulatory compliance review. III.Complete the attached National Environmental Policy Act (NEPA) Compliance checklist IV.Prepare maps indicating the location(s) of proposed project (Guidance provided) V.Take photographs of the location(s) of proposed project (Guidance provided) VI.Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the Centralized Scheduling and Information Desk (CSID) at askcsid@dhs.gov. VII.CSID will send an email confirming receipt of the project description. VIII.FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies sub-recipientof FEMA’s final decision. IX.THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation. 45 ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Provisions as described in Appendix II to Part 200: 46 47 48 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTTBRYAN KOON GovernorDirector GRANT AWARD DelrayBeachFireRescue SUB-RECIPIENT :______________________________________________ StateHomelandSecurityGrantProgram PROJECT TITLE: _______________________________________________ 09/01/2015to08/31/2018 FEDERAL GRANT PD:_______________________________________________ $41,866-Issues6,7&18 AWARD TOTAL:_______________________________________________ EMW-2015-SS-00083-S01 FEDERAL GRANT NO: _______________________________________________ In accordance with the provisions of Federal Fiscal Year 2015 State Homeland Security Grant Program(HSGP), the Florida Division of Emergency Management(FDEM)who serves as the State Administrative Agency (SAA)hereby awards to the foregoing Sub-recipient a grant in the amount shown above. Payment of Funds: The Award Letter must be signed by the OfficialAuthorized to Sign in the space below and the original returned to the FDEM before execution of your agreement. The sub-recipient should not expend any funds until a fully executed agreement has been received from FDEMand all Special Conditions are satisfied. Grant funds will be disbursed to sub- recipients (according to the approved project budget) upon receipt of evidence that items have been invoiced, deliverables have been received and that funds have been expended (i.e., invoices, contracts, itemized expenses, canceled checks, etc.). Non-Supplanting Requirement: Requires that sub-recipients provide assurance that sub- grant funds will not be used to supplant or replace local or state funds that have been budgeted for the same purpose through non-federal sources. In compliance with that mandate, I certify that the receipt of federal funds through FDEM shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. Conditions: I certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions governing these funds and all other federal laws; that all information is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to the period of performance end date stipulated in thefunding agreement. DIVISION HEADQUARTERSSTATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak BoulevardFLORIDA RECOVERY OFFICE Tallahassee, FL 32399-21002702 Directors Row Tel: 850-413-9969 • Fax: 850-488-1016 Orlando, FL 32809-5631 www.FloridaDisaster.org GRANT AWARD PAGE TWO Conditionscontinued: I certify that I understand and agree that once grant funding agreement has been sentto sub-recipient,the funding agreement will be executedwithin six (6) months of the letter date. I understand if the funding agreement is not executed in that time frame, the awarded amount is considered declined and funds will expended on behalf of locals by the SAA. Deployable Capabilities : It is also understood that all assets and capabilities achieved or sustained with HSGP grant funds are deployable and shareable at the direction of the SAA, with cost potentially reimbursable in conformance with Emergency Management Assistance Compacts (EMAC) or other Statewide Mutual Aid/Assistance (SMAA) agreements.Assets should be availableto utilizein multiple jurisdictions, regions, and the Nation; any asset that is physically mobile can be used anywhere in the United States and territories via EMACor other mutual aid/assistance agreements. DelrayBeachFireRescue ACCEPTANCE FOR THE SUB-RECIPIENT:_________________________________ __________________________________________________________ Signature of Official Authorized to SignSignature of Director, Division of for Recipient Emergency Management, SAA _________________________________________________ DateDate ___________________________________________________________________________ POINT OF CONTACT INFORMATION Point of Contact (POC) Name: __________________________________________________ Physical Address of Sub-Recipient:______________________________________________ City:___________________________State:_____________________________________ POC Phone No:________________ Email Address:______________________________ GRANT AWARD NOTICE: THIS AWARD IS SUBJECT TO THE GRANT SPECIAL CONDITIONS AND FINAL APPROVAL OFSUB-RECIPIENT’S PROPOSED BUDGET BY FLORIDA DIVISION OF EMERGENCY MANAGEMENT. City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-576,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 rd HOUSING REHABILITATION GRANT AWARD FOR 1621 N.E. 3 AVENUE IN THE AMOUNT OF $29,670.70 TO COSUGAS, LLC. Recommended Action: Motion to approve the award of housing rehabilitation grant for 1621 N.E. 3rd Avenue in the amount of $ 29,670.70 to Cosugas, LLC . Background: The City has been allocated $300,651 of State Housing Initiatives Partnership (SHIP) funds through the Florida Housing Finance Corporation to provide for the renovation or repair of existing substandard homes. The rehabilitation of homes addresses building and code violations, interior and exterior building, electrical and plumbing problems, health and safety issues, and the retrofit of special items for those with special needs. Total rehabilitation cost may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. An Invitation to Bid No. 2016-084 was issued on April 13, 2016 for Housing Rehabilitation Grant(s) rd for work to be conducted at 1621 N.E. 3 Avenue. Cousugas, LLC was the lowest responsive, responsible bidder. Inspection of work is done by the City Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the grant recipient property owner. The City remains the agent and Community Improvement monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowners signatures. The grant recipient home owner has met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the home to minimum code requirements by repairing the roof, electric and plumbing systems. All unused funds will remain with the Housing Rehabilitation Program. This motion to award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (A) (1), "Competitive Bids". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray BeachPage 1 of 2Printed on 6/17/2016 powered by Legistar™ File #:16-576,Version:1 Funding Source: State Housing Initiatives Partnership118-1924-554-49.19$ 29,670.70 Timing of Request: Grant agreement(s) have a deadline of June 30, 2017 to expend FY funds. City of Delray BeachPage 2 of 2Printed on 6/17/2016 powered by Legistar™ CITY OF DELRAY BEACH st 100 NW 1 AVENUE, DELRAY BEACH, FL 33444 Bid 2016-099 Neighborhood Services Division Housing Rehabilitation Program (14-507) MAYOR - CARY D. GLICKSTEIN VICE MAYOR - SHELLY PETROLIA DEPUTY VICE MAYOR - AL JACQUET COMMISSIONER - JORDANA JARJURA COMMISSIONER - MITCH KATZ CITY MANAGER - DONALD B. COOPER Purchasing Department (561) 243-7161 purchasing@mydelraybeach.com CITY OF DELRAY BEACH INVITATION TO BID BID 2016-099 Neighborhood Services Title: Housing Rehabilitation Program (14-507) Bidder Name: Addenda Enclosed _______ thru ______ Submission Deadline: May XX, 2016 2:00 P.M. Submissions Accepted Via: Mail or in Person Submit to: City of Delray Beach Purchasing Division st 100 NW 1 Avenue Delray Beach, FL 33444 Comments: A fax copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: BID No. 2016-099 CITY OF DELRAY BEACH Bid 2016-099 Neighborhood Services Division Housing Rehabilitation Program 14-507 Contents INVITATION TO BID ..................................................................................................................................... 2 SECTION 1: GENERAL CONDITIONS ........................................................................................................ 7 SECTION 2: SPECIAL CONDITIONS ........................................................................................................ 24 SECTION 3: SCOPE OF WORK ................................................................................................................ 29 SECTION 4: FORMS FOR BID................................................................................................................... 30 Form 1 ......................................................................................................................................................... 31 Form 2 ......................................................................................................................................................... 32 Form 3 ......................................................................................................................................................... 33 Form 4 ......................................................................................................................................................... 34 Form 5 ......................................................................................................................................................... 35 Form 6 ......................................................................................................................................................... 36 Form 7 ......................................................................................................................................................... 37 Form 8 ......................................................................................................................................................... 38 Form 9 ......................................................................................................................................................... 39 Form 10 ....................................................................................................................................................... 40 Form 11 ....................................................................................................................................................... 41 Form 12 ....................................................................................................................................................... 42 Form 13 ....................................................................................................................................................... 44 SECTION 5: WRITE UP .............................................................................................................................. 45 SAMPLE AGREEMENT .............................................................................................................................. 46 SECTION 6: ATTACHMENTS .................................................................................................................... 66 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 1 CITY OF DELRAY BEACH TEL: (561) 243-7161 FAX: (561) 243-7166 PURCHASING DEPARTMENT INVITATION TO BID BID NO: 2016-099 TITLE: Housing Rehabilitation Program 14-507 ISSUE DATE: May XX, 2016 DEPARTMENT: Community Improvement (Neighborhood Services Division) DUE DATE: May 23, 2016 TIME: 2:00 PM This Invitation to Bid (ITB), 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: Housing Rehabilitation Program OPTIONAL PRE-BID CONFERENCE: May XX, 2016 @ 11:00 AM DUE DATE: May XX, 2016 2:00PM at which time all bids will be publicly opened and read. INSTRUCTIONS BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync www.bidsync.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 those listed. REQUIRED INFORMATION A. : The City ITB contains various sections requiring completion. The bid form sections and all other requested information in this ITB must be completed prior to the Due Date and Time set for bid opening and included with the ITB or the bidder may be found non-responsive. Bidder may be required to complete and supply supplemental information at a date after bid opening. Failure to complete supplemental information requirements in a timely manner, prior to Commission award, may be used by the City in determining a responsibility. CORRESPONDENCE: B. The number of this ITB must appear on all correspondence, or inquiries, pertaining to this ITB. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 2 PREPARATION COST: C. 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: D. 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: E. Any interpretations, corrections or changes to this ITB 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 ITB, 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: F. ITB is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Bidders must quote as listed or give equal. If item offered is other than as indicated, bidder must state the 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 G. : Bid proposal submitted on Exhibit A, must be held firm for one hundred eighty (180) days to allow for evaluation unless otherwise stated in this ITB. BILLING INSTRUCTIONS AWARDED FIRM: H. Invoices must be delivered to City of Delray Beach, Neighborhood Services, 100 NW 1st Avenue, Delray Beach, FL 33444. TAXES: I. The City 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: J. 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.The unit price for each of the several items in the proposal of each Bidder shall include its pro-rata share of overhead so that the sum of the products obtained by multiplying the quantity for each item by the unit price Bid represents the total Bid. WARRANTY/GUARANTEE LAWS AND REGULATIONS: K. By submittal of this bid in response to this ITB, in addition to the guarantees and warranties provided by law, Bidder expressly guarantees and warrants as follows: i. 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 Bidder will bear the cost of inspecting and/or testing articles rejected. ii. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the Bidder will, at Bidder 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 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 3 from any and all claims, losses, liabilities and suits arising there from. iii. 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. iv. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. PACKAGING: L. 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: M. Items shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City 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: N. Payment terms are net 45 unless otherwise specified by the City in the ITB. ELECTRONIC BIDS: O. Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this ITB. 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: P. Completed bids 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 st (local time) at the City, Purchasing Office, 100 Northwest 1 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 name, return address, ITB number, ITB 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 ITB and to ensure their bid reaches the Purchasing Office on/or before the Due Date and Time (local time). Included in the container shall be ONE (1) unbound original, TWO (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on ® must be identical to the original and the file format on the CD should be in Adobe Portable Document Format (pdf). ALTERING BIDS PAPER SUBMISSION: Q. 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: R. Bids received in the purchasing division after submission deadline shall be returned unopened and will be considered void and unacceptable. The City is not responsible for the lateness of mail carrier, weather conditions, etc. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 4 WITHDRAWAL OF BIDS: S. 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: T. 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 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 Agreement and, according to state law all bids received will be available for inspection at that time. MINOR DEFECT: U. 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 V. : Bids will be evaluated as outlined in the ITB. AWARD OF BID: W. The City reserves the right to accept any Bid or combination of Bid 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: X. the City reserves the right to award a separate Agreement to separate Bidders for each item/group or to award one agreement for the entire bid. The City reserves the right to take into consideration agreement administration costs for multiple award contracts when determining low bid. EXECUTION OF AGREEMENT: Y. The Successful Bidder will be required to execute the Agreement, a sample of which is attached hereto and made a part hereof. The Agreement will incorporat requested from the Successful Bidder by the City during the evaluation process. The City will transmit the Agreement to the recommended bidder for execution. Bidder agrees to deliver two duly executed copies of the Agreement to the City within five (5) calendar days of receipt SEALED BIDS: Z. 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 st the established closing time and date, at City Hall, 100 N.W. 1Avenue, Delray Beach, Florida, first floor Conference Room. Bidders and the general public are invited and encouraged to attend. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 5 AA. All bids shall be submitted in sealed container, mailed or delivered to the City of Delray st Beach, Purchasing Department, 100 Northwest 1 Avenue, Delray Beach, Florida 33444. Bids time-stamped at a time later than the Due Date and Time, will not be considered for award and will be returned to the Bidder INQUIRIES: BB. Questions regarding this solicitation must be sent through email to purchasing@mydelraybeach.com. purchasing, To ensure a timely response, inquiries May XX, 2016 at 5:00 p.m should be made by . Information in response to inquiries may be published as an Addendum. CC. : Unless otherwise specified herein, the bidder will allow a minimum of one hundred eighty days (180) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 6 SECTION 1: GENERAL CONDITIONS Bid 2016-099 Housing Rehabilitation Program Whenever used in any of the Agreement Documents, the following meanings shall be given to the terms herein defined: DEFINITION: Bid shall mean the Bidders response to this ITB. Agreement means the Agreement executed by the City and the Contractor, of which these GENERAL CONDITIONS, PARTS I and II form a part. Contractor means the person, firm or corporation entering into the Agreement with the Homeowner to construct and install the Improvements embraced in this Agreement. Engineer means the City of Delray Beach, Community Improvement Department, serving the Local Public agency with architectural or engineering services, his successor, or any other person or persons employed by said Local Agency for the purpose of directing or having in charge the work embraced in this Agreement, the said engineer acting, directly or having in charge the work embraced in this Agreement, the said Engineer acting directly or indirectly through any Assistant Engineer having immediate charge of a portion thereof limited by the particular duties entrusted to him. Local Government means the City (town, borough, or political subdivision) within which the Project Area is situated. Agreement Documents means and shall include the following: Executed Agreement, Addenda (if any), Invitation to Bid, Instructions to Bidders, Signed Copy of Bid, General Conditions; Parts I and II, Special Conditions, Technical Specifications and Drawings. Technical Specifications means that part of the Agreement documents which describes outlines and stipulates; the quality of workmanship required; and the methods to be used in carrying out the construction work to be performed under the Agreement. Addendum or Addenda means any changes, revisions or clarifications of the Agreement Documents which have been duly issued by the Neighborhood Services Division to prospective Bidders prior to the time of receiving Bids. Secretary means the Secretary of Housing and Urban Development, or other persons who may be at the time acting in the capacity or authorized to perform the functions of such secretary, or the authorized representative thereof. SUPERINTENDENCE BY CONTRACTOR a. Except where the Contractor is an individual and gives his/her personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the City, on the work at all times during working hours with full authority to act for him/her. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his/her work. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 7 b. The Contractor shall lay out his/her work and he/she shall be responsible for all work executed by him/her under the Contract. He/she shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his/her failure to do so. SUBCONTRACTORS a. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in the Agreement until he/she has submitted a non- collusion affidavit from the subcontractor in substantially the form as shown elsewhere in these Agreement Documents and has received written approval of such subcontractor from the City. b. No proposed subcontractor shall be disapproved by the Neighborhood Services Division except for cause. c. The contractor shall be as fully responsible to the Neighborhood Services Division for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by them, as he/she is for the acts and omissions of persons directly employed by him/her. d. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the Agreement. e. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and the City. OTHER CONTRACTS The City may award, or may have awarded other contracts or agreements for additional work, and the Contractor shall cooperate fully with such other Contractors, by scheduling his/her own work with that to be performed under other contracts or agreements as may be directly by the City. The Contractor shall not commit, or permit any act which will interfere with the performance of work by any other Contractor as scheduled. FITTING AND COORDINATION OF WORK a. The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractor or material men engaged upon the Agreement. Contractor shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work. b. Pre-Construction Conference. At the awarding of the Agreement and the issuance of -construction conference will be held between the Contractor, a representative of the Neighborhood Services Division and any other persons designated by the City to have a material interest in the work. The time and place of this conference will be set by the Neighborhood Services Division. The Contractor shall bring with him to this conference a copy of his proposed work progress schedule for the job. c. Notice to Proceed. For Agreements bearing a specified number of calendar days to BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 8 complete, as stated in the bid form, effective date for starting the work shall be so stated in d Services Division. The effective than ten (10) calendar days after the date of execution of the Agreement Documents, unless otherwise mutually agreed by the Contractor and the Neighborhood Services Division. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the City on account of any damage alleged to have been so sustained, the City will notify this Contractor who shall defend at his own expense any suit based upon such claim and, if any judgment or claims against the City shall be allowed, the Contractor shall pay or satisfy such judgment or claims and pay all costs and expenses in connection therewith. PAYMENTS TO CONTRACTOR Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows: Partial payments of up to 75% of the Agreement amount with a 10% retention of each draw at the listed percentage work completion of the Agreement to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Division Office, where the Agreement amount for an individual project exceeds $7,000. All material and labor used in basing percentage of work completed must be in place and no payment shall be made for stored material. It is agreed that time is of the essence under this Agreement, and in the event that the Contractor shall fail in the full performance of the entire work within the specified time limit, said Contractor shall be liable under the Agreement for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day the Agreement remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, The City Neighborhood Services Division shall exercise the right to hold back this sum from compensation otherwise paid to the Contractor for the expressed and sole purpose of authorizing the Neighborhood Services Division to transfer this sum to the appropriate Neighborhood Services Block Grant Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions. CHANGES IN THE WORK a. The Neighborhood Services Division may make changes in the scope of the work required to be performed by the Contractor under the Agreement of making the Agreement, and without relieving or releasing the Contractor from any of his/her obligations under the Agreement or any guarantee given by him pursuant to the Agreement provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Agreement unless it is expressly provided otherwise. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 9 b. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Agreement, unless in pursuance of a written order from the Neighborhood Services Division authorizing the Contractor to proceed with the change. No claim for an adjustment of the Agreement Price will be valid unless so ordered. c. If applicable unit prices are contained in the Agreement (established as a result of either a unit price bid or a Supplemental Schedule of Unit Prices), the Neighborhood Services Division may order the Contractor to proceed with desired united prices specified in the Agreement; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five percent (25%) in accordance with the Section entitled Unit Prices, under SPECIAL CONDITIONS. d. If applicable unit prices are NOT contained in the Agreement or if the total net change increases or decreases the total Agreement Price more than twenty-five percent (25%), the Neighborhood Services Division shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows: (1) If the proposal is acceptable, The Neighborhood Services Division will prepare the change order in accordance therewith for acceptance by the Contractor and (2) If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Neighborhood Services Division may order the Contractor to proceed with the work on a cost-plus limited basis. A cost-plus limited basis is defined as the net cost of the overhead and profit, the total cost not to exceed a specified limit. e. Each change order shall include in its final form: (1) A detailed description of the change in the work, (2) (3) A definite statement as to the resulting change in the Agreement price and/or time, and (4) The statement that all work involved in the change shall be performed in accordance with Agreement requirements except as modified by the change order. CLAIMS FOR EXTRA COST a. If the Contractor claims that any instructions by Drawings or otherwise, involve extra cost or extension of time, he/she shall within ten (10) days after the receipt of such instructions and in any event before proceeding to execute the work, submit his/her protest thereto in writing to the Neighborhood Services Division, stating clearly and in detail the basis of his/her objections. No such claims will be considered unless so made. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 10 b. Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and Maps shall at once be reported to the Neighborhood Services have been received by him/her from the Neighborhood Services Division. c. If, on the basis of the available evidence, the Neighborhood Services Division determines that an adjustment of the Agreement Price and/or time is justifiable, the procedure shall be as provided in Section 108 thereof. TERMINATION OF DELAYS In the event that any of the provisions of the Agreement are violated by the Contractor, or by any of his/her subcontractors, the Owner, with the approval of the City Neighborhood Services Division, may serve written notice upon the Contractor of his/her intention to terminate the Agreement and said notices will contain the reasons for such intention to terminate the Agreement. The Agreement shall, upon the expiration of a ten (10) day period, cease and terminate, unless within said ten (10) day period after serving of notice upon the Contractor, such violation or delay shall cease and satisfactory arrangements for correction be made. In the event of any such termination, the Owner, may, for the purpose of completing the work, take over the work by entering into a subsequent Agreement. In this event, the Contractor shall be liable to the Owner, as represented by the Neighborhood Services Division, for any costs in excess of the Agreement amount stipulated herein or as amended by subsequent change orders, which are incurred in the completion of the defaulted work. The Contractor agrees to relieve this liability by providing an amount equal to the excess costs incurred. Payment shall be made to the City for the expressed and sole purpose of depositing this amount in the appropriate Neighborhood Services Account as a reimbursement to the Program. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any excusable delays due to the following: 1. Acts of the Government restricting labor, equipment or materials by reason of national emergency. 2. Acts on the part of the Owner or the Neighborhood Services Division. 3. Causes beyond the control and without the fault or negligence of the Contractor including but not restricted to the following: Acts of God, acts of the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather. (This does not include stop work orders for code violations.) It shall be the responsibility of the Contractor to notify the City in writing of any such delay within ten (10) consecutive days. Upon receipt of such notification the Neighborhood Services Division will evaluate the cause and extent of delay. If upon the basis of the facts and the terms of this agreement, the delay is found properly excusable, the City Neighborhood Services Division shall extend the time for project completion for a period of time commensurate with the period of the excusable delay. In the event of Agreement termination, the provisions of the Agreement pertaining to: Conflict of Interest, Governmental Audit; and Record Retention shall remain in full force and effect until such time as the provision regarding record retention has elapsed. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 11 ASSIGNMENT OR NOVATION The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under the Agreement without the written consent of the Neighborhood Services Division, provided, however, that assignments to banks, trust companies, or other financial institutions may be made without the consent of the Neighborhood Services Division. No assignment or novation of the Agreement shall be valid unless the assignment or novation expressly provides that the assignment of any of the Agreement is subject to a prior lien for labor performed services rendered materials, tools and equipment supplied for the performance of the work under this Agreement in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools or equipment. DISPUTES a. All disputes arising under this Agreement or its interpretation except those disputes covered by FEDERAL LABOR-STANDARDS PROVISION under GENERAL CONDITIONS, PART II, whether involving law or fact or both, or extra work and all claims for alleged breach of Agreement shall within ten (10) days of commencement of the dispute be presented by the Contractor to the Neighborhood Services Division for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt by the Neighborhood Services Division of notice thereof. b. The Contractor shall submit in detail his claim and his proof thereof. Each decision by the Neighborhood Services Division will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to his/her last known address. If the Contractor does not agree with any decision by the Neighborhood Services Division, he shall in no case allow the dispute to delay the work but shall notify the Neighborhood Services Division promptly that he is proceeding with the work under protest and he may then exempt the matter in question from the final release. TECHNICAL SPECIFICATIONS AND DRAWINGS Anything mentioned in the Technical Specifications and not shown in the write-up, or shown in the write-up and not mentioned in the Technical Specifications, shall be of like effect as if shown on or mentioned in both. In case of difference between write-up and Technical specifications, the write-up shall govern. In case of any discrepancy in write-up or Technical specifications, the matter shall be immediately submitted to the Neighborhood Services Division, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 12 SHOP DRAWINGS a. All required shop drawings, machinery details, layout drawings, etc., shall be submitted to the Neighborhood Services Division in duplicate for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking, if necessary. The contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc., until they are approved and no claim, by the Contractor, for extension of the Agreement time will be granted by reason of his failure in this respect. b. considered and will be returned to him/her for proper resubmission. If any drawings show variations from the requirements of the Agreement because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his/her letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of Agreement price and/or time otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Agreement even though the drawings have been approved. c. If a shop drawing is in accord with the Agreement or involves only a minor adjustment in the interest of the City not involving a change in Agreement price or time, the Neighborhood Services Division may approve the drawing. The approval shall be general, shall not relieve the Contractor from his responsibility for adherence to the Agreement or for any error in the drawing and shall contain in substance the following: The modification shown on the attached drawing is approved in the interest of the City and the Neighborhood Services Division to effect an improvement for the Project and is ordered with the understanding that it does not involve any change in the Agreement Price or time; that it is subject generally to all Agreement stipulation and covenants; and that it is without prejudice to any and all rights of the City under the Agreement and surety bond or bonds. REQUESTS FOR SUPPLEMENTARY INFORMATION It shall be the responsibility of the Contractor to make timely requests of the Neighborhood Services Division for any additional information not already in his possession which should be furnished by the Neighborhood Services Division under the terms of this Agreement and which he/she will required in the planning and execution of the work. Such requests may be submitted from time to time as the need is approached, but each shall be filed in amply time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing and list the various items and the latest date by which each will be required by the Contractor. The first shall be submitted within two weeks after Agreement award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Neighborhood Services Division may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his/her work or to others arising from his/her failure to comply fully with the provisions of this Section. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 13 MATERIALS AND WORKMANSHIP a. Unless otherwise specifically provided for in the Technical Specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or standard, the Neighborhood Services Division shall decide the question of equality. b. The Contractor shall furnish to the Neighborhood Services Division for approval the ial equipment, as to type, performance characteristics, and all other pertinent information as required and shall likewise submit for approval as required full information concerning all other materials or articles which he proposes to incorporate the work. (See Section 117 thereof.) c. Machinery, mechanical and other equipment, materials and articles installed or used without such prior approval shall be at the risk of subsequent rejection. d. Materials specified by reference to the number or symbol of a specific standard such as an A.S.T.M. Standard, a Federal Specification or other similar standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation to Bid, except as limited to type, class or grade or modified in such reference. The standards referred to, except as modified in the Technical Specifications shall have full force and effect as though printed therein. e. The City may require the Contractor to dismiss from the work such employee or employees as the City or the Neighborhood Services Division may deem incompetent or careless or insubordinate. SAMPLES, CERTIFICATES AND TESTS a. The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the Agreement documents or required by the Neighborhood Services Division, promptly after award of the Agreement such material or equipment shall be manufactured or delivered to the site, except at the the Neighborhood Services Division. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the Agreement time. b. Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate of letter from the Contractor shall state that the sample complies with Agreement requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Neighborhood Services Division in passing upon the acceptability of the sample promptly. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. c. Approval of any materials shall be general only and shall not constitute a waiver of the CityAgreement requirements. After actual deliveries, the Neighborhood Services Division will have such check tests made as it deems necessary in each BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 14 instance and may reject materials and equipment or accessories which for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Neighborhood Services Division will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. d. Except as otherwise specifically stated in the Agreement, the cost of sampling and testing will be divided as follows: (1) The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Neighborhood Services Division. (2) The Contractor shall assume all costs of retesting materials which fail to meet Agreement requirements. (3) The Contractor shall assume all costs of testing materials offered in substitution for those found deficient. (4) The City will pay all other expenses. PERMITS AND CODES a. The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawings, Bid Proposal Work Write-up and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancies to the Neighborhood Services Division. Where the requirements of the Drawings, Bid Proposal Work Write-Up and Technical Specifications fail to comply with such applicable ordinances or codes, the Neighborhood Services Division will adjust the Agreement by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Agreement Price or stipulated unit prices. Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installations is in compliance with the Drawings, Bid Proposal Work Write-Up and Technical Specifications), the Contractor shall remove such work without cost to the City but a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive, if the change had been made before the Contractor commenced work on the items involved. b. The Contractor shall at his/her expense, secure and pay to the appropriate department of the Local Government the fees or charges for all permits for street paving, sidewalks, sheds, removal of abandoned water taps, sealing of house connection drains, pavements costs, buildings, electrical, plumbing, water, gas and sever permits required by the local regulatory body of any of its agencies. c. The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus, excavation material, debris and rubbish on or off the Project Area and commit not trespassing on any public or private property in any operation due to or connected BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 15 with the improvements embraced in this Contract. CARE OF WORK a. The Contractor shall be responsible for all damages to person or property that occur as a result of this fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the City. b. In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the City and/or Neighborhood Services Division, is authorized to act at his/her discretion to prevent such threatened loss or injury and he shall so act. He shall likewise act if instructed to do so by the City. Any compensation claimed by the Contractor on account of such emergency work will be determined by the local Public Agency as provided in Section 109 thereof. c. The Contractor shall avoid damage as a result of his/her operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he/she shall at his/her own expense completely repair any damage thereto caused by his/her operations. d. The Contractor shall store up, brace, underpin, secure, and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations of other operations connected with the construction of the improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the City from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the City may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. ACCIDENT PREVENTION a. No laborer or mechanic employed in the performance of this Agreement shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. b. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the City may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. c. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the City with reports concerning these matters. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 16 d. The Contractor shall indemnify and save harmless the City from any claims for damages, resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. SANITARY FACILITIES The Contractor shall furnish, install, and maintain ample sanitary facilities for the workers. As the need arises, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. USE OF PREMISES a. The Contractor shall confine his equipment, storage of materials, and construction operations to the Agreement Limits as shown on the Drawings and as prescribed by ordinances or permits, or as may be desired by the Neighborhood Services Division and shall not unreasonably encumber the site or public rights-of-way with his materials and construction equipment. b. The Contractor shall comply with all reasonable instructions of the City and all existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. REMOVAL OF DEBRIS, CLEANING, ETC. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights-of-way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities debris and unused materials provided for the work, and put the whole site of the work and public rights-of-way in a neat and clean condition. Trash burning on the site of the work is prohibited. INSPECTION a. All materials and workmanship shall be subject to inspection examination, or test by the City at any and all times during manufacture or construction and at any and all placed where such manufacture or construction is carried on. The City shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material or specified quality without charge therefore. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the City may, by or otherwise, have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any monies which may be due the Contractor, without prejudice to any other rights or remedies of the Neighborhood Services Division. b. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. (See Section 117 hereof.) All tests by the City will be performed in BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 17 such a manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. c. The Contractor shall notify the Neighborhood Services Division sufficiently in advance of backfilling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Neighborhood Services Division, the Contractor shall uncover for inspection and recover such facilities all at his own expense, when so requested by the City. d. Should it be considered necessary or advisable by the Neighborhood Services Division at any time before final acceptance of the entire work to make an examination of work already completed by uncovering same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15 percent of such costs to cover superintendence, general expenses and profit shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Agreement has been delayed thereby be granted a suitable extension of time on account of the additional work involved. e. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this Agreement may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or part will be made at the Project Site. f. Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the City or its agents shall relieve the Contractor or his/her sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. REVIEW BY THE CITY OF DELRAY BEACH The City, its authorized representatives and agents and the Representative for the Secretary, shall, at all time, have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however, that all instructions and approval with respect to the work will be given to the Contractor by the City of Delray Beach through its authorized representatives and agents. DEDUCTION FOR UNCORRECTED WORK If the Neighborhood Services Division deems it not expedient to require the Contractor to correct work not done in accordance with the Agreement Documents, an equitable deduction from the Agreement Price will be made by agreement between the Contractor and the City and subject to settlement, in case of dispute, as herein provided. INSURANCE BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 18 The Contractor shall not commence work under this Agreement until he/she has obtained all the insurance required under this paragraph and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on his/her subcontract until the insurance required of the subcontractor has been so obtained and approved. a. Compensation Insurance: The Contractor shall procure and shall maintain during the life of this Agreement territorial law for all his employees to be engaged in work at the site of the project under this Agreement and, in case of any such work sublet, the Contractor shall require the subcontractor engaged in such work unless such employees are covered by the protection afforded by the sation Insurance. In case any class of employees engaged in hazardous work on the project under this Agreement Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate e are not otherwise protected. b. Insurance: The Contractor shall procure and shall maintain during the life of the Contract, Liability Insurance in the amounts specified in the Special Conditions. c. e Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his subcontractors to procure and to Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Special Conditions specified in subparagraph (b) thereof. d. Scope of Insurance and Special Hazards: The Insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him/her and, also against any of the special hazards which may be encountered in the performance of this Agreement as enumerated in the Special Conditions. e. Proof of Carriage of Insurance: The Contractor shall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City PATENTS The Contractor shall hold and save the City, its agents, its officers, and employees harmless from liability of any nature or kind, including costs and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Technical Specifications. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this Agreement shall be BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 19 purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or in any part thereof is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him/her to the City free from any claims, liens, or charges. Neither the Contractor nor any person, firm or corporation furnishing any material or labor for any work covered by this Agreement shall have any right to a lien upon any improvement of appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the Contractor for their protection of any rights under any law permitting such persons to look to funds due the Contractor in the hands of the City,. The provisions of this paragraph shall be inserted in all subcontracts and materials contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal Agreement is entered into for such materials. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the Agreement nor partial or entire use of the improvements embraced in this Agreement by the City of the public shall constitute an acceptance or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting there from which shall appear within a period of twelve (12) months from the date of the final acceptance of the work. The City will give notice of defective materials and work with reasonable promptness. COMPLIANCE WITH AIR AND WATER ACTS In compliance with the Clean Air Act, as amended, 42 U.S.C. 1857 et. seq., The Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part, as amended from time to time, the Contractor agrees that: (1) No facility to be utilized in the performance of this Agreement or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. (2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1251) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) He will promptly notify the Owner of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA), indicating that a facility utilized or to be utilized for the Agreement is under consideration to be listed on the EPA List of Violating Facilities. (4) He will include or cause to be included the provisions of paragraph (1) through (4) of this section in every nonexempt subcontract and that he will take such action as the Government may direct as a means of enforcing such provisions. EQUAL EMPLOYMENT OPPORTUNITY BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 20 (1) If the Agreement amount is $10,000 or less, the following shall apply: a. The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Owner setting for the provision of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts, for any work covered by this Agreement so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to Contracts or subcontracts for standard commercial supplies or raw materials. (2) If the Agreement amount exceeds $10,000, the following conditions shall apply: During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action will include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will send to each labor union or representative of workers with which he had a collective bargaining agreement or other contract or understanding, a notice to be provided by the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 21 of September 24, 1865, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the Department and Secretary of Labor for purposes or investigation to ascertain compliance with such rules, regulations, and orders. f. Agreement or with any of the said rules, regulations, or orders, this Contractor may be declared ineligible for further Government Contracts or Federally assisted construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or Bidder. the Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Bidder as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to Protect the interests of the United States. (3) Non-Segregated Facilities a. The Contractor certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The Contractor covenants that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. As used in this g rooms, work areas, restrooms and washrooms, restaurants and other eating places, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin because of habit, local custom, or otherwise. The Contractor agrees that prior to award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS a. No Members of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from same: Provided, that the foregoing provision of this Section shall not be construed to extend to this Agreement if made with a corporation for its general benefit. b. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the Project is located, and no other public official of such locality or localities who exercises any functions or responsibilities in connection with the Project during his/her tenure or for one year thereafter shall have any interest, direct or indirect, BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 22 in any Contract or Subcontract, or the proceeds thereof, for work to be performed under this Contract. The Contractor will include the provisions of paragraphs (a) and (b) in every Subcontract so that such provisions will be binding upon each Subcontract. SECTION 3 CLAUSE a. The work to be performed under this Agreement is on a Project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu, Section 3 requires that to be the greatest extent feasible opportunities for training and employment be given lower income residents of the Project area and Contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth is 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The Contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 23 SECTION 2: SPECIAL CONDITIONS Bid 2016-099 1. INSPECTION OF SITE Each bidder should visit the site of the proposed work prior to optional pre-bid conference and fully acquaint himself with the existing conditions there relating to construction and labor and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications and all other Agreement Documents. The Contractor by the execution of the Agreement shall in no way be relieved of any obligations under it due to his failure to received or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the City will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. 2. ALTERNATIVE BIDS No alternative bids will be considered unless specifically requested by the Neighborhood Services Division. 3. BID GUARANTY a. The Bid must be accompanied by a Bid guaranty which shall not be less than 5 percent (5%) of the amount of the Bids. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bond (at par value), or a bid bond in the form attached. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of the City. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Agreement Documents. b. Revised Bids submitted before the opening of Bids, whether forwarded by mail or fax, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid guaranty adjusted accordingly; otherwise the Bid will not be considered. c. Certified check or bank drafts of the amount thereof, Bid Bonds, and negotiable U.S. Government Bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids. 4. COLLUSIVE AGREEMENTS Each Contractor accepting a contract through the City for any portion of the work contemplated by the documents on which bidding is based shall execute an affidavit substantially in the form herein provided, to the effect that he/she has not entered into a collusive agreement with any other person, firm or corporation in regard to any Bid submitted. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 24 5. NON-SEGREGATED FACILITIES AGREEMENT Each Contractor accepting a contract through the City shall execute an affidavit in the form herein providing to the effect that he/she will not maintain or provide for segregated facilities. 6. Each Bidder shall, upon request of the Neighborhood Services Division, furnish for that purpose (a copy of which is included in the Agreement Documents) a statement of the Bidders qualifications, his experience record in constructing the type of improvements embraced in the Agreement, his organization and equipment available for the work contemplated and, when specifically requested by the Neighborhood Services Division, a detailed financial statement. The Neighborhood Services Division shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Agreement and the Bidder shall furnish all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City that the Bidder is qualified to carry out properly the terms of the Agreement. 7. PROJECT SITE The Project Area or Areas consists of the following: - - - - See Exhibit A -- - - - 8. TIME FOR COMPLETION a. The work which the Contractor is required to perform under this Agreement shall be commenced at the time stipulated by the City Contractor and shall be fully completed within (60) consecutive calendar days thereafter unless otherwise stated in the bid instructions. 9. COMPENSATION, BASIS FOR PAYMENT, AND LIQUIDATED DAMAGES Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows: a. Partial payments of up to 75% of the Agreement amount with a 10% retention of each draw at the listed percentage of work completion of the Agreement to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Office, where the Agreement amount for an individual project exceeds $7,000. b. All materials and labor used in basing percentage of work completed must be in place and no payment shall be made for stored material. It is agreed that time is of the essence under this Agreement, and in the event that the Contractor shall fail in the full performance of the entire work within the specified time limit, said Contractor shall be liable under the Agreement for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day the Agreement remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, the City shall exercise the right to hold back this sum from compensation otherwise paid to the BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 25 Contractor, for the expressed and sole purpose of authorizing the Neighborhood Services Block Grant Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions. 10. SPECIAL HAZARDS Insurance shall provide adequate protection against the following special hazards: NONE 11. LIABILITY AND PROPERTY DAMAGE INSURANCE Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to any one person, and subject to same limit for each person, in an amount not less than $300,000 on account of one accident, The Contractor shall either (1) require each of his/her subcontractors to procure and to Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his/her subcontractors in his/her own policy. 12. RESPONSIBILITIES OF CONTRACTOR Except as otherwise specifically stated in the Agreement Documents and Technical Specifications, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence, temporary construction of every nature charges, levies, fee or other expenses and all other services and facilities of every nature whatsoever necessary for the performance of the Agreement and to deliver all Improvements embraced in this Agreement complete in every respect within the specified time. 13. COMMUNICATIONS a. All notices, demands, requests, instructions, approvals, proposals and claims must be in writing. b. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the Office of the Contractor stated on the signature page of the Agreement (or at such other office as the Contractor may from time to time designate in writing to the City), or if deposited in the United States mail in a sealed, postage-paid envelope, or delivered by fax, in each case address to such office. c. All papers required to be delivered to the Neighborhood Services Division shall, unless otherwise specified in writing to the Contractor, be delivered to the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444, and any notice to demand upon the Neighborhood Services sufficiently given if so delivered, or if deposited in the United States mail in a sealed, postage- prepaid envelope, or by fax to said Agency at such address, or to such other representatives of the City may subsequently specified in writing to the Contractor for BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 26 such purpose. d. Any such notice shall be deemed to have been given as the time of actual delivery of (in the case of mailing when the same should have been received in due course of post, or by fax, at the time of actual receipt, as the case may be.) e. This section does not apply to decision given pursuant to Section 112 (b) of this Contract. 14. JOB OFFICES a. The Contractor and subcontractors may maintain adequate facilities on the project area for a job office and storage facility as it is necessary for the proper conduct of the work, but only with prior approval from the City. b. Upon completion of the Improvements, or as directed by the City, the Contractor shall remove all such temporary structures and facilities from the site, same to become his/her property, and leave the site of the work in the condition required by the Contract. 15. PARTIAL USE OF SITE IMPROVEMENTS The City, at its election may give notice to the Contractor and place in use these sections of the Improvements which have been completed, inspected and can be accepted as complying with the Technical Specifications and if in its opinion, each such section is reasonably safe, fit and convenient, for the use and accommodation for which it was intended, provided: a. The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. b. The Contractor shall not be responsible for any damaged or maintenance costs due directly to the use of such sections. c. The use of such sections shall in no way relieve the Contractor of his/her liability due to having used defective materials or to poor workmanship. d. The period of guarantee stipulated in Section 130 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 16. AGREEMENT DOCUMENTS AND DRAWINGS The City will furnish the Contractor without charge as many copies of the Agreement Documents, including Technical Specifications and Drawings, as deemed necessary to carry out the provisions of the Contract. 17. 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 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 27 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 fifteen thousand dollars $15,000. 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. Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer st 100 NW 1 Ave Delray Beach, FL 33444 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 28 SECTION 3: SCOPE OF WORK Bid 2016-099 A. PURPOSE : Housing Rehabilitation Program B. METHOD OF ORDERING: A Purchase Order will be issued for this request. Invoice(s) for service shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted to the Neighborhood Services Division, 100 NW 1st Avenue, Delray Beach, FL 33444. C. INFORMATION : Any technical questions in regard to the submission of your bids and/or purchasing@mydelraybeach.com. D. TECHNICAL SPECIFICATIONS: : See Attachment E. BID FORMAT: Chapter 1 Bid Cover Page (Scope of Work) Chapter 2 Bid Submittal Signature Page Form 1 Chapter 3 Exhibit A Chapter 4 Forms 2-12 Chapter 5 Form 13 Acknowledgement of Addenda Chapter 6 Technical Specifications BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 29 SECTION 4: FORMS FOR BID Each Proposer must complete and submit the forms included in this Section 4 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. Form 2. Bid Policy Statement Form 3 Noncollusion Affidavit of Prime Bidder Form 4 Certification Of Non-Segregated Facilities Form 5 Public Entity Crimes Form 6. Drug-Free Workplace Form 7. Conflict of Interest Form 8 Section 3 Clause Form 9 Anti-Kickback Affidavit Form 10. Certification of Eligibility of General Contactor Form 11 Best Management Practices for the Construction Industry Form 12 Generic Regulated Substances List Form 13 Acknowledgement of Addenda Exhibit A Pages (1-3) Exhibit B Insurance Requirements BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 30 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) Date 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 2016-099 NS Division Housing Rehabilitation Program (14-507) 31 Form 2 BID POLICY STATEMENT 1. Bidders must be qualified, prior to the awarding of Bid. 2. Upon acceptance to the program, should a new contractor be low bidder, that new contractor is subject to being awarded only one pilot job. This pilot job will end upon final payment of project. After which the contractor shall be awarded no more than three jobs at one given time, as determined by Neighborhood Services staff. 3. No contractor shall be awarded or have under construction more than three (3) jobs at any one time. Should a contractor be low bidder on more than three (3) bids, he/she will be given the choice of which three (3) jobs he/she wants and the remainder will be awarded to the next low bidder. 4. All bids received shall fall within a 10% range of our in-house bid. Neighborhood Services Division reserves the right to award any bid not within the 10% range to the next lowest bidder within the 10% range, after consultation with the low bidder. 4. Should there be any large difference between any line item on the In-house Estimate estimate, the contractor and Neighborhood Services Representative shall meet and make necessary adjustments to insure equitable payments. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 32 Form 3 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida} County of Palm Beach} ss. _____________________________, being first duly sworn, deposes and says that: 1. He is _____________________of _________________________, the Bidder that has submitted the attached Bid: 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Agreement for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Delray Beach or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)_____________________________ _____________________________ (Title) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by _____________________________________________. _______________________________ Notary Public Personally Known _______ OR Produced Identification _______ Type of Identification Produced: ____________________________________________ Seal BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 33 Form 4 CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in the certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The bidder agrees that (excepts where he has obtained identical certification from proposed sub-contractors for specific time periods) he will obtain identical certifications from proposed sub-contractors prior to the award of sub-contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. DATE: __________________, 20____ Official Address: ___________________________________ BY:______________________ ___________________________________ ______________________ (Title) ______________________ (zip code) _________ BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 34 Form 5 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. Signature Firm Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by _____________________________________________. _______________________________ Notary Public Personally Known _______ OR Produced Identification _______ Type of Identification Produced: ____________________________________________ SEAL BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 35 Form 6 DRUG-FREE WORKPLACE If identical tie bids exist, preference will be given to the Bidders 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 Bidders 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 -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 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(Print or Type) Date BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 36 Form 7 CONFLICT OF INTEREST DISCLOSURE FORM The award of this Agreement 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. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest i 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. considerations may adversely affect, or have the appearance of adversely affecting, an 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: Firm Name Signature Name and Title(Print or Type) Date BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 37 Form 8 SECTION 3 CLAUSE A. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this Agreement agree to c which implement Section 3. As evidenced by their execution of this contract, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment ns under 24 CFR Part 135. termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 38 Form 9 ANTI-KICKBACK AFFIDAVIT State of Florida } SS: County of Palm Beach } I, the undersigned, herby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City, its elected officials, and the Community Improvement Department or its design consultants, as kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. _____________________________ Signature _____________________________ Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by _____________________________________________. _______________________________ Notary Public Personally Known _______ OR Produced Identification _______ Type of Identification Produced: ____________________________________________ Seal BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 39 Form 10 CERTIFICATION OF ELIGIBILITY OF GENERAL CONTRACTOR BEFORE ME, the undersigned authority, personally appeared ________________ , who, after being by me first duly sworn, deposes and says of his/her personal knowledge that (1) He/she is the _______________ of ___________________, hereinafter referred to as roposal to perform work for the following project: Project Name:___________________________________ (2) He/she is fully informed that the Proposal submitted for work to be performed under the above mentioned contract, is being funded, in whole or in part, by a Federally-assisted or insured contract; and (3) The General Contractor nor any of its officers, partners, owners or parties of interest is not named on the current General Services Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs prior to award of the contract; and (4) The General Contractor acknowledges that should the contractor be subsequently found ineligible after award of the Agreement, its Construction Contract shall be terminated and the matter referred to the Department of Labor, the Department of Housing and Urban Development, or the General Services Administration for its action; and (5) The General Contractor acknowledges the responsibility of informing all of its subcontractors that this Agreement is being funded, in whole or in part, by a Federally- assisted or insured contract; and (6) The General Contractor acknowledged the responsibility that all of its subcontractors are Certification of Eligibility of Subcontractors: as a part of its contract with such Furthermore, should the subcontractor be subsequently found ineligible after award of the Construction Contract, its contr and the matter referred to the Department of Labor, the Department of Housing and Urban Development, or the General Services Administration, for its action. ________________________________ Signature STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by _____________________________________________. _______________________________ Notary Public Personally Known _______ OR Produced Identification _______ Type of Identification Produced: ____________________________________________ BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 40 Form 11 CERTIFICATION OF ELIGIBILITY OF SUB-CONTRACTORS (for use by Subcontractors) Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion-Lower-Tier Covered Transactions pursuant to 24 CFR, Code of Federal Regulations, Part 24.510(b) and HUD Handbook 1300.13 REV.1: (1) By signing and submitting this proposal, the prospective lower-tier participant, certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transition by any Federal department or agency. Further, I, we, provide the certification set out below: I, and any principals of my firm, understand that the certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that I, we, knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies. (2) Further, I, and any principal of my firm, shall provide immediate written notice to the person to which this proposal is submitted if at any time I, we, learn that my/our certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (3) By submitting this proposal, I, and any principals of my firm, agree that should the proposed covered transaction be entered into, I, we, will not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction unless authorized by the agency with which this transaction originated. (4) I, and any principals of my firm, further agree by submitting this proposal that I/we, will include this Certification, without modification, in all lower tier covered transactions and in all solicitations for lower-tier covered transacting. Firm Name Signature Name and Title(Print or Type) Date BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 41 Form 12 BEST MANAGEMENT PRACTICES FOR THE CONSTRUCTION INDUSTRY A. The general Contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for the handling of any Regulated Substances. For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. B. If any regulated substances are stored on the construction site during the construction process, they shall be stored in a location and manner which will minimize any possible risk of release to the environment. Any storage container of 55 gallons, or 440 pounds, or more containing Regulated Substances shall have constructed below it an impervious containment system constructed of materials of sufficient thickness, density and composition that will prevent the discharge to the land, groundwater, or surface waters, of any pollutant which may emanate from said storage container or containers. Each containment system shall be able to contain 150% of the contents of all storage containers above the containment system. C. supplied with each material containing a Regulated Substance and shall be familiar with procedures required to contain and clean up any releases of the Regulated Substance. Any tools or equipment necessary to accomplish same shall be available in case of a release. D. Upon completion of construction, all unused and waste Regulated Substances and containment systems shall be removed from the construction site by the responsible contractor and shall be disposed of in a proper manner as prescribed by law. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 42 GENERIC REGULATED SUBSTANCES LIST Regulated Substances are substances that may cause significant harm to human health and the environment (including surface and groundwater). The Palm Beach County Unified Land Development Code (ULDC) Article 14 Chapter, Wellfield Protection, regulates that storage, handling, use and production of Regulated Substances within wellfield zones which may impair present and future drinking water supplies. In addition, the ULDC, Article 4 Chapter D. Excavation requires that Best Management Practices for the Construction Industries be followed for Agricultural, West County Agricultural Area, TYPE II, TYPE IIIA and TYPE IIIB excavation activities. Substances and materials from the following categories that are stored, handled, used or produced, and located within a wellfield zone or located on property as part of excavation activities are considered to be Regulated Substances. Acid and basic cleaning solutions Medical, pharmaceutical, dental, veterinary Antifreeze and coolants and hospital solutions Arsenic and arsenic compounds Mercury and mercury compounds Bleaches and peroxides Metal finishing solutions Brake and transmission fluids Oils Braine Solution Paints, primers, thinners, dyes, stains, wood Casting & Foundry chemicals preservatives, varnishing and cleaning compounds Caulking agents and sealants Painting solvents Cleaning solvents Corrosion and rust prevention solutions Pesticides and herbicides Cutting fluids Plastic resins, plasticizers and catalysts Degreasing and parts cleaning solvents Photo development chemicals Disinfectants Poisons Electroplating solutions Polishes Explosives Pool chemicals Fertilizers Processed dust and particulates Fire extinguishing chemicals Radioactive sources Food processing wastes Reagents and standards Formaldehyde Refrigerants Fuels and fuel additives Roofing chemicals and sealers Glues, adhesives and resins Sanitizers, disinfectants bactericides and Greases algaecides Hazardous waste Soaps, detergents and surfactants Hydraulic fluid Solders and fluxes Indicators Stripping compounds Industrial and commercial janitorial supplies Tanning industry chemicals Industrial process chemicals Transformer and capacitor oils/fluids Industrial sludge and still bottoms Waste oils and antifreeze Inks, printing and photocopying chemicals Water and wastewater treatment chemicals Laboratory chemicals Liquid storage batteries BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 43 Form 13 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 AGENT AGENT AGENT BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 44 SECTION 5: WRITE UP Bid No. 2016-099 Housing Rehabilitation Program A. COST : Complete Exhibit A rd Case 14-507 1621 NE 3 Avenue, Delray Beach, FL 33444 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: BidSync Newspaper Ad City Hall Other, please specify: _____________________________________ BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 45 SAMPLE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH and ____________________ for ____________________________________________ QUOTE # _______________ COMPANY This is an Agreement ("Agreement"), made and entered into by and between: NAME. HOMEOWNER, hereinafter referred to as the WHOSE residence and project address is: LEGAL DESCRIPTION: Insert Description P I D # Insert Parcel # WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, between the Contractor and the Owner agree as follows: BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 46 ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: Agreement 1.1 - This Agreement includes Articles 1 through 11, the exhibits and documents that are expressly incorporated herein by reference. Board 1.2 - The City Commission of Delray Beach, Florida. Contract Administrator 1.3 - The City of Delray Beach (City) City Manager or the City Director of 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. City Manager 1.4 - The administrative head of City appointed by the Board. City Attorney 1.5 - The chief legal counsel for City appointed by the Board. Project 1.6 - 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 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 Agreement documents as prepared by the City. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 47 ARTICLE 3 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. ARTICLE 4 COMPENSATION 4.1 Cit manner specified in Section 4.3, the total amount of _______________________________ Dollars ($_________) for work actually performed and completed pursuant to this Agreement and _______________________________ Dollars ($_________) 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 t compensate Contractor for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon ion 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 Agreement amount may be made. All However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 48 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) 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 made against the 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 Agreement and does not have any responsibilities under this Agreement 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. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 49 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: __________________________ __________________________ __________________________ 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 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 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 50 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, 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 the 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 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 51 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, 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 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 Agreement 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 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 52 ARTICLE 9 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. ARTICLE 10 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 Bidder 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. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 53 ARTICLE 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 Agreement 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 Agreement provisions in accordance with the Agreement and may unilaterally cancel this Agreement in accordance with state law. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 54 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. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 55 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 Bidder 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 Bidder 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, 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 Bidder 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 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 BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 56 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 st 100 N.W. 1 Avenue Delray Beach, Florida 33444 For Contractor: ________________________ ________________________ ________________________ 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 related to its performance under this Agreement. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 57 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, BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 58 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 BY ENTERING INTO THIS AGREEMENT, CONTRACTOR other jurisdictional device. 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. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 59 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. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 60 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 Agreement 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 CONTRACTOR SIGNATURE ____________________________________ By____________________________ OWNER CONTRACTOR FIRM NAME ATTEST: _____________________________ CITY REPRESENTATIVE ____ day of ______________, 20___ (SEAL) BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 61 EXHIBIT A SCOPE OF SERVICES BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 62 EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Contractorshall 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 Management. If you have any questions call (561) 243-7150. A. The successful contractor shall not commence any work in connection with an agreement until it has obtained all of the following types of insurance and has provided proof of same to the County, in the form of a certificate prior to the start of any work, nor shall the successful contractor allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. B. The successful contractor and/or subcontractor shall maintain the following types of insurance, with the respective limits: 1. AUTOMOBILE: a. Combined Single Limit: $300,000.00 per accident, OR b. Bodily Injury: $300,000.00 per person, AND Property Damage: $100,000.00 per accident; 2. GENERAL LIABILITY: Minimum limit of $500,000 per occurrence and One Million Dollars ($1,000,000.00) 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. 3. GENERAL AGGREGATE: Two Million Dollars ($2,000,000.00); 4. EXCESS COVERAGE: One Million Dollars ($1,000,000.00); 5. PRODUCTS LIABILITY: Two Million Dollars ($2,000,000.00); NSATION: Covering all employees and providing benefits as statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than One Million Dollars ($1,000,000.00) per occurrence regardless of the size of your firm. Contractorfurther agrees to be responsible for employment, control and conduct of its employees and for any injury BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 63 sustained by such employees in the course and scope of their employment.. Evidence of qualified self-insurance status will suffice for this subsection. 7. 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. shall name the City of Delray Beach as an Additional Insured C. The CONTRACTOR , to the extent of the services to be provided hereunder, on all required insurance policies, and provide the City with proof of same. D. Certificates of Insurance:The successful contractor and/or subcontractor shall provide the urance evidencing such coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated and show: 1. The name of the insured contractor, 2. The specified job by name and job number, 3. The name of the insurer, 4. The number of the policy, 5. The effective date, 6. The termination date, 7. A statement that the insurer will mail notice to the City at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy. 8. The Certificate Holders Box must read as follows: st 100 NW 1 Avenue Delray Beach, Florida 33444 Any other wording in the Certificate Holders Box shall not be acceptable. Non-conforming certificates will be returned for correction. E. Waiver: Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicates less coverage than is ion to fulfill the insurance requirements specified herein. F. Subcontractors: The successful contractor shall ensure that any sub-contractor(s), hired to perform any of the duties contained in the Scope of Services of an Agreement, maintain the same insurance requirements set forth herein. In addition, the successful contractor shall maintain proof of same on file and made readily available upon request by the City. G. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the successful contractor and/or subcontractor providing such insurance. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 64 H. 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. st Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1 Avenue, Delray Beach, Florida st 33444 with copies to Assistant City Manager and Neighborhood Services Division 100 N.W. 1 Avenue, Delray Beach, FL 33444 Authorized Signature: _______________________________________Date:_______________ The City reserves the unilateral right to modify the insurance requirements set forth at anytime during the process of solicitation or subsequent thereto. Failure to submit this form including copies of current Insurance Certificates may be grounds for disqualification of your submittal. BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 65 SECTION 6: ATTACHMENTS Bid No. 2016-099 Housing Rehabilitation Program EXHIBIT A Contractor Bid Proposal Pages (1-3) Technical Specifications Pages (1-31) BID 2016-099 NS Division Housing Rehabilitation Program (14-507) 66 CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: BID # 2016-099 Priscille Jean-Philippe APPLICANT: 1621 NE 3rd Ave PROJECT ADDRESS: DATE OF BID LETTERS: April 26, 2016 DATE OF BID OPENING: May 24, 2016 GENERAL CONTRACTORSBID AMOUNTBID BOND CJ Contracting, LLC$ 29,800.00 Yes Cosugas, LLC $ 27,500.00 Yes Om Construction Services, LLC$ 32,850.00 No In-House Estimate:$ 26,527.50 RECOMMENDED CONTRACTOR: Cosugas, LLC BID/CONTRACT AMOUNT :$ 27,500.00 5% Contingency$ 1,375.00 $ 28,875.00 Lead Inspection - Lead Clearance - Termite Inspection - Termite Treatment 776.60 Recording Fees 19.10 GRANT CONTRACT AMOUNT 29,670.70 FUNDING SOURCE:State Housing Initiatives Partnership Account # 118-1924-554-49.19 COMMENTS:Staff recommends awarding to the lowest responsive bidder CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PROGRAM BETWEEN THE CITY OF DELRAY BEACH and Priscille Jean-Philippe BID # 2016-099 Cosugas, LLC. This is an Agreement ("Agreement"), made and entered into by and between: Priscille Jean-Philippe, , hereinafter referred to as the rd WHOSE residence and project address is 1621 NE 3 Avenue, Delray Beach, FL 33444 LEGAL DESCRIPTION: South 26 feet of lot 103 and the north 36 feet of lot 104, plat of Plumosa Park section thereof, as recorded in plat book 23, at page 68 of the public records of Palm Beach County. P I D # Insert Parcel #12-43-46-09-19-000-1031 WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, between the Contractor and the Owner agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: Agreement 1.1 - This Agreement includes Articles 1 through 11, the exhibits and documents that are expressly incorporated herein by reference. Board 1.2 - The City Commission of Delray Beach, Florida. Contract Administrator 1.3 - 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. City Manager 1.4 - The administrative head of City appointed by the Board. City Attorney 1.5 - The chief legal counsel for City appointed by the Board. Project 1.6 - 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 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. ARTICLE 3 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. ARTICLE 4 COMPENSATION 4.1 Twenty-Seven Thousand Five Hundred manner specified in Section 4.3, the total of Dollars and 00/100 Cents ($27,500.00) from the State Housing Initiatives Partnership 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 this Agreement. This maximum amount, however, does not constitute a limitation, of 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 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 Contract 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 made against the City which arise, directly, or indi 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: Cosugas, LLC.. 1059 Waterside Circle Weston, FL 33327 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 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, 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 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 ARTICLE 9 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. ARTICLE 10 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. ARTICLE 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, 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 Contrac 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 st 100 N.W. 1 Avenue Delray Beach, Florida 33444 For Contractor: Cosugas, LLC.. 1059 Waterside Circle Weston, FL 33327 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 related to its performance under 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 BY ENTERING INTO THIS AGREEMENT, CONTRACTOR other jurisdictional device. 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 CONTRACTOR SIGNATURE ____________________________________ By____________________________ OWNER CONTRACTOR FIRM NAME ATTEST: _____________________________ CITY REPRESENTATIVE ____ day of ______________, 2016___ (SEAL) EXHIBIT A SCOPE OF SERVICES EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Contractorshall 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 Management. If you have any questions call (561) 243-7150. A. The successful contractor shall not commence any work in connection with an agreement until it has obtained all of the following types of insurance and has provided proof of same to the County, in the form of a certificate prior to the start of any work, nor shall the successful contractor allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. B. The successful contractor and/or subcontractor shall maintain the following types of insurance, with the respective limits: 1. AUTOMOBILE: a. Combined Single Limit: $300,000.00 per accident, OR b. Bodily Injury: $300,000.00 per person, AND Property Damage: $100,000.00 per accident; 2. GENERAL LIABILITY: Minimum limit of $500,000 per occurrence and One Million Dollars ($1,000,000.00) 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. 3. GENERAL AGGREGATE: Two Million Dollars ($2,000,000.00); 4. EXCESS COVERAGE: One Million Dollars ($1,000,000.00); 5. PRODUCTS LIABILITY: Two Million Dollars ($2,000,000.00); NSATION: Covering all employees and providing benefits as statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than One Million Dollars ($1,000,000.00) per occurrence regardless of the size of your firm. Contractorfurther 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.. Evidence of qualified self-insurance status will suffice for this subsection. 7. 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. shall name the City of Delray Beach as an Additional Insured C. The CONTRACTOR , to the extent of the services to be provided hereunder, on all required insurance policies, and provide the City with proof of same. D. Certificates of Insurance:The successful contractor and/or subcontractor shall provide the urance evidencing such coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated and show: 1. The name of the insured contractor, 2. The specified job by name and job number, 3. The name of the insurer, 4. The number of the policy, 5. The effective date, 6. The termination date, 7. A statement that the insurer will mail notice to the City at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy. 8. The Certificate Holders Box must read as follows: st 100 NW 1 Avenue Delray Beach, Florida 33444 Any other wording in the Certificate Holders Box shall not be acceptable. Non-conforming certificates will be returned for correction. E. Waiver: Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicates less coverage than is ion to fulfill the insurance requirements specified herein. F. Subcontractors: The successful contractor shall ensure that any sub-contractor(s), hired to perform any of the duties contained in the Scope of Services of an Agreement, maintain the same insurance requirements set forth herein. In addition, the successful contractor shall maintain proof of same on file and made readily available upon request by the City. G. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the successful contractor and/or subcontractor providing such insurance. H. 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. st Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1 Avenue, Delray Beach, Florida st 33444 with copies to Assistant City Manager and Neighborhood Services Division 100 N.W. 1 Avenue, Delray Beach, FL 33444 Authorized Signature: _______________________________________Date:_______________ The City reserves the unilateral right to modify the insurance requirements set forth at anytime during the process of solicitation or subsequent thereto. Failure to submit this form including copies of current Insurance Certificates may be grounds for disqualification of your submittal. Return to: City of Delray Beach Neighborhood Services Division st 100 N.W. 1 Avenue Delray Beach, FL 33444 STATE HOUSING INITIATIVES PARTNERSHIP CITY OF DELRAY BEACH (SHIP) HOUSING REHABILITATION AGREEMENT APPLICANT/OWNER: Priscille Jean-Philippe ADDRESS: 1621 NE 3 Avenue rd Delray Beach, FL 33444 LEGAL DESCRIPTION: South 26 feet of lot 103 and the north 36 feet of lot 104, plat of Plumosa Park section A according to the plat thereof, as recorded in plat book 23, at page 68 of the public records of Palm Beach County. P I D # 12-43-46-09-19-000-1031 CASE NO: 14-507 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 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. 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. Return to: City of Delray Beach Neighborhood Services Division st 100 N.W. 1 Avenue Delray Beach, FL 33444 STATE HOUSING INITIATIVES PARTNERSHIP CITY OF DELRAY BEACH (SHIP) HOUSING REHABILITATION AGREEMENT 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-Nine Thousand, Six Hundred Seventy Dollars and 70/100 Cents ($29,670.70) 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 Owner ______________________ ______________________________ Date 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: Priscille Jean Philippe FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: Program Activities Housing Rehabilitation State Housing Initiatives Partnership Forgivable Loan Award(s) According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and 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 $29,670.70 for the rehabilitation of your home. This forgivable loan amount includes a 5% contingency amount above the actual contract price which may be used for change orders. 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. NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 14-507 SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 1621 NE 3 Avenue rd Delray Beach, FL 33444 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 Commission, 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 permit issuance. 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 tentative completion date on: _________________________. ______________________________ Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator ________________ ______________________________ Date Contractor Firm Name City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-590,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 HOUSING REHABILITATION GRANT AWARD TO CJ CONTRACTING, LLC IN THE AMOUNT OF $26,300.60 Recommended Action: Motion to approve the award of a Housing Rehabilitation grant to CJ Contracting LLC for housing rehabilitation services at 18 Swinton Gardens in the amount of $26,300.60. Background: The City has been allocated $300,651 of State Housing Initiatives Partnership (SHIP) funds through the Florida Housing Finance Corporation to provide for the renovation or repair of existing substandard homes. The rehabilitation of these homes addresses building and code violations, interiors and exteriors of the homes, electrical and plumbing problems, health and safety issues, and the retrofit of special items for those with special needs. OnApril13,2016,theCityissuedInvitationtoBidNo.2016-84forHousingRehabilitationworktobe conductedat18SwintonGardens.TwobidswerereceivedandCJContracting,LLCwasthelowest responsive,responsiblebidder.Totalrehabilitationcostmayincludeleadinspection,lead abatement,leadclearance,termiteinspection,termitetreatment,andrecordingfees.Grantawards are based on the actual cost of the rehabilitation. Inspection of rehabilitation work will be done by the City Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the grant recipient property owner. The City remains the agent and Community Improvement monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. The grant recipient has met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the home to minimum code requirements by repairing the roof, electric and plumbing systems. All unused funds will remain with the Housing Rehabilitation Program. This motion to award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (A) (1) Competitive Bids. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 2Printed on 6/17/2016 powered by Legistar™ File #:16-590,Version:1 Finance Department Review: Finance recommends approval. Funding Source: State Housing Initiatives Partnership118-1924-554-49.19$ 26,300.60 Timing of Request: Grant agreement has a deadline of June 30, 2017 to expend FY funds. City of Delray BeachPage 2 of 2Printed on 6/17/2016 powered by Legistar™ Solicitation 2016-084 NS Housing Rehabilitation Program 14-493 Bid Designation: Public City of Delray Beach Bid 2016-084 NS Housing Rehabilitation Program 14-493 - - $26,308.57 (This price is expected - not guaranteed) Bid Start Date Bid End Date Question & Answer End Date -243- One Time Purchase 180 days Apr 27, 2016 10:00:00 AM EDT Pre- Attendance is optional Location: City Hall 1st Floor Conference Room 100 NW 1st Avenue Delray Beach, FL 33444 Bid Comments Item Response Form 2016-084--01-01- 1 job City of Delray Beach Neighborhood Services Qty 1 Expected Expenditure Description NS Housing Rehabilitation Program 14-493 May 23, 2016 2:30:00 PM EDT MAYOR- CARY D. GLICKSTEIN VICE MAYOR- SHELLY PETROLIA DEPUTY VICE MAYOR- AL JACQUET COMMISSIONER- JORDANA JARJURA COMMISSIONER- MITCH KATZ CITY MANAGER-DONALD B. COOPER Purchasing Department (561) 243-7161purchasing@mydelraybeach.com Purchasing Department (561) 243-7161 purchasing@mydelraybeach.com Neighborhood Services Housing Rehabilitation Program (14-493) Vendor Name: Addenda Enclosed _______ thru ______ Submission Deadline: May 23, 2016 2:30P.M. Submissions Accepted Via:Mail or in Person Submit to: City of Delray Beach Purchasing Division st 100 NW 1Avenue Delray Beach, FL 33444 Comments:A fax or electronic copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: Bid No. 2016-084 BID NO: 2016-084TITLE: Housing Rehabilitation Program 14-493 ISSUE DATE: April 13, 2016DEPARTMENT: Community Improvement (Neighborhood ServicesDivision) DUE DATE: May 23,2016TIME: 2:30 PM 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: Housing Rehabilitation Program OPTIONAL PRE-BID CONFERENCE: April 27,2016@10:00AM DUE DATE: May23, 20162:30PM at which time all bids will be publicly opened and read. INSTRUCTIONS BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync –www.bidsync.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 thedate 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. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 2 . To ensure a timely response, inquiries should May16, 2016at 5:00 p.m be made by . 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 one hundred eighty days (180) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 5 INSPECTION OF SITE Each bidder should visit the site of the proposed work prior to optional pre-bid conference and fully acquaint himself with the existing conditions there relating to construction and labor and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligations under it due to his failure to received or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the City of Delray Beach will be justifiedin rejecting any claim based on facts regarding which he should have been on notice as a result thereof. 2.ALTERNATIVE BIDS No alternative bids will be considered unless specifically requested by the Neighborhood Services Division. 3.BID GUARANTY a.The Bidmust be accompanied by a Bid guaranty which shall not be less than 5 percent (5%) of the amount of the Bids. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bond (at par value), or a bid bond in the form attached. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of the City of Delray Beach. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. b.Revised Bids submitted before the opening of Bids, whether forwarded by mail or fax, if representing an increase in excessof two percent (2%) of the original Bid, must have the Bid guaranty adjusted accordingly; otherwise the Bid will not be considered. c.Certified check or bank drafts of the amount thereof, Bid Bonds, and negotiable U.S. Government Bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids. 4.COLLUSIVE AGREEMENTS Each Contractor accepting a contract through the City of Delray Beach for any portion of the work contemplated by the documents on which bidding is based shall execute an affidavit substantially in the form herein provided, to the effect that he/she has not entered into a collusive agreement with any other person, firm or corporation in regard to any Bid submitted. 5.NON-SEGREGATED FACILITIES AGREEMENT Each Contractor accepting a contract through the City of Delray Beach shall execute an affidavit in the form herein providing to the effect that he/she will not maintain or provide for segregated facilities. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 23 STATEMENT OF BIDDER’S QUALIFICATIONS Each Bidder shall, upon request of the Neighborhood Services Division, furnish for that purpose (a copy of which is included in the Contract Documents) a statement of the Bidders qualifications, his experience record in constructing the type of improvements embraced in the contract, his organization and equipment available for the work contemplated and, when specifically requested by the Neighborhood Services Division, a detailed financial statement. The Neighborhood Services Division shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City of Delray Beach that the Bidder is qualified to carry out properly the terms of the Contract. 7.PROJECT SITE The Project Area or Areas consists of the following: ----SeeExhibit A----- 8.TIME FOR COMPLETION a.The work which the Contractor is required to perform under this Contract shall be commenced at the time stipulated by the City of Delray Beach in the “Notice to Proceed” to the Contractor and shall be fully completed within (60) consecutive calendar days thereafter unless otherwise stated in the bid instructions. 9.COMPENSATION, BASIS FOR PAYMENT, AND LIQUIDATED DAMAGES Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows: a.Partial payments of up to 75% of the contract amount with a 10% retention of each draw at the listed percentage of work completion of the contract to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Office, where the contract amount for an individual project exceeds $7,000. b.All materials and labor used in basing percentage of work completed must be in place and no payment shall be made for stored material. It is agreed that time is of the essence under this Contract, and in the event that the Contractor shall fail in the full performance of the entire work within the specified timelimit, said Contractor shall be liable under the Contract for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day the Contract remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, the City of Delray Beach’s Neighborhood Services Division shall exercise the right to hold back this sum from compensation otherwise paid to the Contractor, for the expressed and sole purpose of authorizing the Neighborhood Services Block Grant Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions. 10.SPECIAL HAZARDS The Contractor’s and his/her subcontractor’s Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: NONE Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 24 CONTRACTOR’S AND SUBCONTRACTOR’S PUBLIC LIABILITY, VEHICLE LIABILITY AND PROPERTY DAMAGE INSURANCE As required under Section 127 of the General Conditions, the Contractor’s Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to any one person, and subject to same limit for each person, in an amount not less than $300,000 on account of one accident, and Contractor’s Property Damage Insurance in an amount not less than $50,000. The Contractor shall either (1) require each of his/her subcontractors to procure and to maintain during the life of his/her subcontract, Subcontractor’s Public Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his/her subcontractors in his/her own policy. 12.RESPONSIBILITIES OF CONTRACTOR Except as otherwise specifically stated in the Contract Documents andTechnical Specifications, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence, temporary construction of every nature charges, levies, fee or other expenses and all other services and facilities of every nature whatsoever necessary for the performance of the Contract and to deliver all Improvements embraced in this Contract complete in every respect within the specified time. 13.COMMUNICATIONS a.All notices, demands, requests, instructions, approvals, proposals and claims must be in writing. b.Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the Office of the Contractor stated on the signature page of the Agreement (or at such other office as the Contractor may from time to time designate in writing to the City of Delray Beach), or if deposited in the United States mail in a sealed, postage-paid envelope, or delivered by fax, in each case address to such office. c.All papers required to be delivered to the Neighborhood Services Division shall, unless otherwise specified in writing to the Contractor, be delivered to the Neighborhood Services Division, City of Delray Beach, 100 Northwest 1st Avenue, Delray Beach, Florida 33444,and any notice to demand upon the Neighborhood Services sufficiently given if so delivered, or if deposited in the United States mail in a sealed, postage-prepaid envelope, or by fax to said Agency at such address, or to such other representatives of the City of Delray Beach may subsequently specified in writing to the Contractor for such purpose. d.Any such notice shall be deemed to have been given as the time of actual delivery of (in the case of mailing when the same should have been received in due course of post, or by fax, at the time of actual receipt, as the case may be.) e.This section does not apply to decision given pursuant to Section 112 (b) of this Contract. 14.JOB OFFICES a.The Contractor and subcontractors may maintain adequate facilitieson the project area for a job office and storage facility as it is necessary for the proper conduct of the work, but only with prior approval from the City of Delray Beach. b.Upon completion of the Improvements, or as directed by the City of Delray Beach, the Contractor shall remove all such temporary structures and facilities from the site, same to become his/her property, and leave the site of the work in the condition required by the Contract. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 25 PARTIAL USE OF SITE IMPROVEMENTS The City of Delray Beach, at its election may give notice to the Contractor and place in use these sections of the Improvements which have been completed, inspected and can be accepted as complying with the Technical Specifications and if in its opinion, each such section is reasonably safe, fit and convenient, for the use and accommodation for which it was intended, provided: a.The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. b.The Contractor shall not be responsible for any damaged or maintenance costs due directly to the use of such sections. c.The use of such sections shall in no way relieve the Contractor of his/her liability due to having used defective materials or to poor workmanship. d.The period of guarantee stipulated in Section 130 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 16.CONTRACT DOCUMENTS AND DRAWINGS The City of Delray Beachwill furnish the Contractor without charge as many copies of the Contract Documents, including Technical Specifications and Drawings, as deemed necessary to carry out the provisions of the Contract. 17.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 amountof fifteen thousand dollars $15,000. 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. Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer st 100 NW 1Ave Delray Beach, FL 33444 Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 26 : Housing Rehabilitation Program B.METHOD OF ORDERING: A Purchase Order will be issued for this request. Invoice(s) for service shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted to the Neighborhood Services Division, 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@mydelraybeach.com. D.TECHNICAL SPECIFICATIONS: :See Attachments E.BID FORMAT: Chapter 1Bid Cover Page (Scope of Work) Chapter 2Bid Submittal Signature PageForm 1 Chapter 3Exhibit A Chapter 4Forms 2-12 Chapter 5Form 13 Acknowledgement of Addenda Chapter 6Technical Specifications Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 27 FirmName: Street Address: Mailing Address(ifdifferentfromStreetAddress): TelephoneNumber(s): FaxNumber(s): EmailAddress: Federal EmployerIdentification Number: Firm Name Signature Name and Title(Print or Type) Date Bysigningthisdocument,theProposeragreestoalltermsandconditionsofthis Solicitation. THEEXECUTIONOFTHISFORMCONSTITUTESTHEUNEQUIVOCALOFFEROF PROPOSERTOBEBOUNDBYTHETERMSOFITSPROPOSAL.FAILURETOSIGN THISSOLICITATIONWHEREINDICATEDABOVEBYANAUTHORIZED REPRESENTATIVESHALLRENDERTHEBIDDER NON-RESPONSIVE.THECITYMAY, HOWEVER,INITSSOLEDISCRETION,ACCEPTANYBID THATINCLUDESAN EXECUTEDDOCUMENT WHICHUNEQUIVOCALLYBINDS THEPROPOSERTO THE TERMSOFITSBID. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 29 } ss. _____________________________, being first duly sworn, deposes and says that: 1.He is _____________________of _________________________, the Bidder that has submittedthe attached Bid: 2.He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3.Such Bid is genuine and is not a collusive or sham Bid; 4.Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Delray Beach or any person interested in the proposed Contract; and 5.The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)_____________________________ _____________________________ (Title) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by _____________________________________________. _______________________________ Notary Public Personally Known _______ OR Produced Identification _______ Type of Identification Produced: ____________________________________________ Seal Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 31 Signature Firm Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by _____________________________________________. _______________________________ Notary Public Personally Known _______ OR Produced Identification _______ Type of Identification Produced: ____________________________________________ SEAL Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 33 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 commoditiesor 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)Thisfirm 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(Print or Type) Date Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 34 Firm Name Signature Name and Title(Print or Type) Date Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 35 Firm Name Signature Name and Title(Print or Type) Date Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 39 ADDENDUM DATE PRINT NAME OF TITLE OF SIGNATURE OF NUMBERRECEIVEDPROPOSER’S PROPOSER’S PROPOSER’S AGENTAGENTAGENT Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 42 YesNo C.BID INFORMATION WAS OBTAINED FROM: BidSyncNewspaper AdCity Hall Other, please specify: _____________________________________ Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 43 : In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, between the Contractor and the Owner agree as follows: ARTICLE 1 Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 44 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: Agreement 1.1-This Agreement includes Articles 1 through 11, the exhibits and documents that are expressly incorporated herein by reference. Board 1.2-The City Commission of Delray Beach, Florida. Contract Administrator 1.3-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 changethe Scope of Services. City Manager 1.4-The administrative head of City appointed by the Board. City Attorney 1.5-The chief legal counsel for City appointed by the Board. Project 1.6-The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1Contractor 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. 2.2Contractor 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. 2.3The 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. ARTICLE 3 TERM AND TIME OF PERFORMANCE Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 45 ARTICLE 4 COMPENSATION 4.1City will pay Contractor, on behalf of the homeowner’s approval for the program in the manner specified in Section 4.3, the total amount of _______________________________ Dollars ($_________) for work actually performed and completed pursuant to this Agreement and _______________________________ Dollars ($_________) 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. 4.2METHOD OF BILLING AND PAYMENT 4.2.1Contractor 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. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 46 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 theexpiration 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 6.1Contractor 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. 6.2Such 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 Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 48 ARTICLE 7 TERMINATION 7.1This 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. 7.2This 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 tosuitably perform the work, or failure to Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 49 ARTICLE 8 THE CONTRACT 8.1The 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 ARTICLE 9 LEAD BASED PAINT 9.1In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 50 ARTICLE 10 NON-DISCRIMINATION 10.1No 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. ARTICLE 11 MISCELLANEOUS 11.1RIGHTS 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, Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 51 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: 11.2.1Keep and maintain all records that ordinarily and necessarily would be required by the City. 11.2.2Provide the public with access to public records on the same terms and conditions thatthe 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. 11.2.3Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 11.2.4Meet 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. 11.2.5If 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. 11.3INSPECTOR 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. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 52 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). 11.5TRUTH-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. 11.6PUBLIC 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. Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 53 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. 11.8THIRD 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. 11.9NOTICES 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: Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 54 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. 11.11CONFLICTS Neither Contractor nor its employees shall have orhold 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 Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 55 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 obligationset 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. 11.13COMPLIANCE WITH LAWS Contractor shall complywith all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 11.14SEVERANCE 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. 11.15JOINT 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. 11.16INTERPRETATION Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 56 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. 11.18LAW, 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 BY ENTERING INTO THIS AGREEMENT, CONTRACTOR other jurisdictional device. 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. 11.19AMENDMENTS 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 Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 57 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 concerningthe 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. 11.21PAYABLE INTEREST 9.21.1Payment 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. 9.21.2Rate 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). 11.22INCORPORATION 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. 11.23REPRESENTATION 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. 11.24MULTIPLE 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 Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 58 EXHIBIT A SCOPE OF SERVICES Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 60 EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Contractorshall 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 Management. If you have any questions call (561) 243-7150. A. The successful contractor shall not commence any work in connection with an agreement until it has obtained all of the following types of insurance and has provided proof of same to the County, in the form of a certificate prior to the start of any work, nor shall the successful contractor allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. B. The successful contractor and/or subcontractor shall maintain the following types of insurance, with the respective limits: 1. AUTOMOBILE: a. Combined Single Limit: $300,000.00 per accident, OR b. Bodily Injury: $300,000.00 per person, AND Property Damage: $100,000.00 per accident; 2. GENERAL LIABILITY: Minimum limit of $500,000 per occurrence and One Million Dollars ($1,000,000.00) 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 minimumrating of A.M. Best of A-as to management and VII as to financial size. 3. GENERAL AGGREGATE: Two Million Dollars ($2,000,000.00); 4. EXCESS COVERAGE: One Million Dollars ($1,000,000.00); 5. PRODUCTS LIABILITY: Two Million Dollars ($2,000,000.00); 6. WORKERS’ COMPENSATION: Covering all employees and providing benefits as required by Florida Statute 440 and Employers’ liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than One Million Dollars ($1,000,000.00) per occurrence regardless of the size of your firm. Contractorfurther agrees to be responsible for employment, control and conduct of its employees and for any injury Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 61 EXHIBIT A Contractor Bid Proposal Pages (1-4) Technical Specifications Pages (1-31) Bid 2016-084Neighborhood Services Division Housing Rehabilitation Program (14-493) 64 Exhibit"A" NEIGHBORHOOD SERVICES DIVISION TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS TABLE OF CONTENTS MATERIALS AND PRODUCTS SPECIFICATION NO. GENERAL 1 Concrete - General Specifications 2 Piers - Bases 3 Steps 4 Footings/Foundations 5 Masonry Walls 6 Concrete Block Walls 7 Handrails, Columns and Posts 8 Concrete Slab FRAMING 9 Carpentry - General Specifications 10 Floor Framing 11 Wall Framing Specifications 12 New Stud Wall 13 Roof Framing - General Specifications (Rafters) 14 Roof Framing - General Specifications 15 Attic Ventilation 16 Under - Floor Space Ventilation FLOORING 17 Flooring - Repair 18 Plywood Flooring and Repairs 19 Floors, Sand and Varnish 20 Exterior Flooring 21 Oak Flooring 22 Pine Flooring 23 Floor Covering 24 Flooring Covering - Tile and Underlayment 25 Floor Covering - Sheet Vinyl 26 Floor Covering - Ceramic 27 Base and Shoe Molding 1 SPECIFICATION NO. WALL FINISH 28 Wall Finish - Plaster/Drywall 29 Wall Finish - Drywall 30 Wall Finish - Drywall over Furring Strips 31 Wall Finish - Paneling 32 Wall Finish - Ceramic Tile - Thick Bed 33 Wall Finish - Ceramic Tile - Thin Set 34 Fixture Set CEILING FINISH 35 Ceiling Finish - Drywall 36 Ceiling Finish - Drywall over Furring Strips 37 Drop Ceiling - Drywall 38 Ceiling Finish - Tile 39 Suspended Ceiling 40 Ceiling Finish - Plaster/Drywall 41 Scuttle Holes WINDOWS AND DOORS 42 Windows and Doors Repair 42a Hurricane Shutters 43 Doors - General Specifications 44 Wood Screen Door 45 Aluminum Screen Door 46 Garage Door and Framing - New 47 Window - General Specifications 48 New Window Installations (Framing) 49 Window - Wood - New Sash 50 Window Screen - Aluminum Frame 51 Screen Re-screen EXTERIOR SIDING AND TRIM 52 Exterior Siding and Trim Replacing 53 Exterior Siding and Grim - Novelty 54 Exterior Siding - Asbestos and Trim 55 Exterior Siding - Aluminum 56 Trim and Aluminum 57 Exterior Siding - Stucco 58 Soffit and Fascia - Aluminum 59 Soffit and Fascia - Framed Aluminum 2 SPECIFICATION NO. ROOFING AND TRIM 60 Eaves Repair 61 Soffit - Eaves 62 Soffit - Framed 63 Gutter, Downspouts - Aluminum Baked Enamel 64 Roof - General Specifications 65 Roofing - Selvedge Edge 66 Roofing - Built-up (Tar and Gravel) 67 Roofing - Metal 68 Roofing - Strip Shingles (Asphalt) CABINETS 69 Cabinet - Vanity 70 Cabinet - Medicine 71 Cabinet - Kitchen Base 72 Cabinet- Kitchen Upper 73 Counter Top 74 Closets 75 ELECTRICAL 76 APPLIANCES 77 HEATING 78 PLUMBING 79 FENCES 80 DEBRIS - Demolish and Remove from Premises Haul Away Debris 81 PEST EXTERMINATION 82 PAINTING - General Specification 83 LANDSCAPING (Single Family) 84 WALKS 3 SPECIFICATION NO. 85 BLACKTOP DRIVES 86 CONCRETE DRIVES 87 CARPETING 88 INSULATION 89 LANDSCAPING CONTINUED (ADDENDUM) 90 LAWN SPRINKLERS 91 WELLS FOR NON-POTABLE WATER; SPRINKLER SYSTEMS 92 ACCEPTABLE MATERIALS FOR WELL SYSTEMS 4 TECHNICAL SPECIFICATIONS Bid Proposal Work Write- Specific items on these sheets intended to be used for Write- and similar in design. All materials and workmanship shall comply with applicable codes and requirements of the International Construction Code. All necessary permits, as determined by the Building Department, are to be properly displayed and posted on the job site. The Building Inspector is to be given a copy of the approved set of plans, if any, prior to the commencement of work. Substitutions will be accepted at the discretion of the Department. MATERIALS AND PRODUCTS OBJECTIVE To provide materials of such kind and quality as to assure that the dwelling will provide: a. appropriate structure strength b. adequate resistance to weather and moisture c. reasonable durability and economy of maintenance QUALITY OF MATERIALS AND PRODUCTS All materials and products used as replacements or additions in rehabilitation construction shall be of good quality conforming to generally accepted good practice. The suitability of special materials and products not conforming to a national standard shall be determined by proper authority, after an evaluation of its properties and performance characteristics. STANDARDS FOR MATERIALS AND PRODUCTS For specific requirements of new materials and products used as replacements or additions to dwellings being rehabilitated, reference shall be made to the South Florida Building Code, International Construction Code and the standards of the American Society for Testing Materials. 1. CONCRETE - GENERAL SPECIFICATIONS These general specifications are mandatory where applicable. a. No concrete is to be placed over grass, roots or foreign material. b. All reinforcing shall be free of scale, rust or coatings that reduce concrete bond. c. All reinforcing rods shall be deformed, as per A.S.T.M. Designation A305. 5 d. - impregnated expansion joint materials. e. Fill dirt shall be clean, compacted and free of deleterious material. See Table 6. f. All materials used for concrete forms shall be removed after concrete has set. Voids in exposed concrete surfaces will be filled with cement paste and dressed smooth. 2. PIERS - BASES Piers shall be solid, one-- height equal to distance from bottom of joist or sill to existing ground surface. See Table 5. Bases shall b on firm soil below existing ground level. See Table 6. 3. STEPS a. b. Hollow Poured - Steps shall be formed and po c. Frame - -bull nose, P.T., stair d. Other - Any other type steps not listed will be written in detail on Bid Specifications. e. Minimum tread f. Supply handrails as required by any applicable codes. 4. FOOTINGS/FOUNDATIONS Footings shall be minimum 2500 psi reinforced concrete. Reinforcing steel shall be deformed 20,000 psi, minimum lap of 19 bar diameters. Footing reinforcement per Building Code, The form work shall be used when existing soil is not sufficiently firm to retain concrete pour. No concrete shall be poured over grass, roots or foreign matter. See Table 5. 5. MASONRY WALLS a. mortar bedding in a running bound, per Building Code, and any applicable local amendments. For types of mortar, see Tables 1 and 2. b. Masonry walk repair shall be finished in a workmanship like manner. 6 6. CONCRETE BLOCK WALLS rods, hung per Building Co hung and rebared per Building Code, and any applicable local amendments, and filled with 2500 psi concrete or equal. See Table 4. 7. HANDRAILS, COLUMNS AND POSTS a. Wooden posts, handrails and columns shall be equipped with metal plinth. b. Handrails shall be as specified. 8. CONCRETE SLAB No. 10/10 welded wire fabric. No concrete to be placed on grass, roots, or foreign matter. All back fill shall be well tamped and level before placing of concrete. Top of slabs poured on existing Comply to any local applicable amendments pertaining to reinforcement or design. 9. CARPENTRY - GENERAL SPECIFICATIONS These general specifications are mandatory where applicable. a. pressure treated. b. Pine or other approved materials. c. All structural timbers shall be No. 2 yellow Pine, or other approved materials. d. All studs shall be No. 2 grade Fir or No. 2 Yellow Pine, or other approved materials. e. rade Douglas Fir, Cypress, Redwood or Cedar. f. clear, ship grade pine, or other approved materials. g. d bearing stud walls shall have double top plates of equal quality to studs. 7 10. FLOOR FRAMING All new or replaced floor joists ledger or metal joist hanger. Toe nailing only will not be acceptable. No splicing of floor joists between supports will be permitted. All floors shall be properly reinforced as per building code. Remove deteriorated floor joists and replace with new joists of No. 2 Southern Pine, construction Fir or other approved materials and have same dimensions as old joists. 11. WALL FRAMING SPECIFICATIONS a. Unless plywood sheathing or other approved materials are used, new corner posts bracing on both sides of corners at a 45 degree angle. New studs in existing or b. All load bearing stud walls shall have double top plates. All headers and Lintels over doors and window openings shall be double, as per Building Code and any applicable local amendments. 12. NEW STUD WALLS Build a new stud wall centers. Sole plates shall be pressure treated if laid - 13. ROOF FRAMING - GENERAL SPECIFICATIONS (RAFTERS) All damaged or deteriorated rafters shall be removed entirely. No splicing of any rafter will be permitted, unless specified. When rafter tails are to be replaced, they shall be cut back and replaced with a new tail which extends back a distance equal to the overhang. New rafter tails shall be of same dimension as the old and attached by nails driven through roof sheathing from top side. All work to be as per code. No toe nailing will be allowed. Approved trusses may be used when specified. Collar ties in the middle third of the rafter length. All saw cuts on roof framing and rafters shall be to the line and closely fitted. 14. ROOF FRAMING - GENERAL SPECIFICATIONS When a ridge board in depth than the cut end of the rafters it joins. 8 Ceiling joists and rafters shall be nailed to each other where possible. Ceiling joists shall be continuous or joined together over a partition to provide a continuous tie across the building. Plywood sheathing sh Solid sheathing Strip sheathing centers. All end joints shall be made over rafter. Sheathing supporting verge or trim rafter shall When replacing a fascia board, its length shall be sufficient to reach a minimum of 3 rafter ends with the remaining pieces not being less than 6 feet. 15. ATTIC VENTILATION All roofs with attic space should be adequately vented as per code. by one or more of the following means: a. Gable Vents b. Soffit Vents c. Re-screening d. Roof Turbine Ventilator 16. UNDER-FLOOR SPACE VENTILATION a. Vent Covering Cover vents indicated on work write-up by covering with a corrosion-resistant wire mesh not greater than one-half (1/2) inch nor less than one-fourth (1/4) inch in any direction. b. New Vents The minimum total area of ventilating openings shall be proportioned on the basis of 1 square foot for each 150 square feet of floor plan. One such ventilating opening shall be within 3 feet of corner of said building. 17. FLOORING - REPAIR All damaged, loose or broken sub-flooring shall be repaired or replaced before installation of a finished floor. Spot repairing on existing tongue and groove flooring which shall be made so that end joints occur over floor joists. Adjacent end joints shall be staggered. Replaced flooring shall match existing in size, quality and finish unless otherwise specified. Flooring and floor covering, when repairing, shall extend into closets and storage area. 9 Three- code may be used as a substitute when underlayment of floor covering is to be applied. Interior Plywood with Exterior Glue also acceptable. Replaced Shoe Mould. When necessary to remove existing base and/or shoe mould in order to repair damaged flooring, new base and/or shoe mould shall be installed and finished to match existing base and/or shoe mould. 18. PLYWOOD FLOORING AND REPAIRS a. Replacing with New specified. End joints shall be staggered and occur over floor joists. Interior Plywood with Exterior Glue also acceptable, or other approved materials. b. Sub-Flooring Sub-flooring shall be the same as above, or other approved materials. Diagonal end joints to occur over floor joist. 19. FLOORS, SAND AND VARNISH To be sanded, apply wood filler where needed, sealed and two coats of varnish and waxed. NOTE: Replace exceptionally damaged boards and stain to match existing. 20. EXTERIOR FLOORING a. Tongue and groove flooring for exterior porches or enclosed utility rooms shall - feet or less, flooring shall extend from main body of structure to outer extremity of porch. No splicing will be permitted. When the width of an existing wooden porch is more than 9 feet, one splice per run will be permitted, provided the spliced flooring is 4 feet or more in length. Adjacent end joints in runs of flooring must be staggered. b. Exception galvanized, finished nails set and caulked. All exterior wood flooring shall be pre-primed both sides, end and edges before installation by General Contractor. 21. OAK FLOORING - tongue and groove (Select Red Oak - Select White Oak), sanded, sealed, two coats of varnish and waxed. New floors shall be completed with new shoe mould, and/or base finished to match floor, except spot repair. 10 22. PINE FLOORING grade pine, sanded, and sealed, with two coats of varnish. New floors shall be completed with new shoe and/or base mould finished as designated by Owner. 23. FLOOR COVERING a. All Vinyl Tile will be of good quality and a No-Wax finish unless otherwise specified. b. or equal. c. All floor covering shall be applied over existing floors or over 30 lb. minimum felt covering, if necessary. 24. FLOOR COVERING - TILE AND UNDERLAYMENT , standard interior3 Install with screw type nails. Over underlayment install indicated tile using adhesive recommended by manufacturer. When installing new floor covering, all shoe mould and/or base shall be removed and replaced with new mould and/or base, finished with 2 coats of paint or varnish as designated by Owner. 25. FLOOR COVERING - VINYL Over underlayment install indicated vinyl laid in stri specifications. When installing new floor covering, all shoe mould and/or base shall be removed and replaced with new mould and/or base, finished with 2 coats of paint or varnish as designated by Owner. 26. FLOOR COVERING - CERAMIC Ceramic floor tile shall equal or exceed the Standard Grade requirements of U.S. Department of Commerce Simplified Practice Recommendation R-61-62 and Federal specification SST-308b. Floor tile shall be standard grade, selected by Owner, set - base. All ceramic floors shall be finished with ceramic cove base tile and metal lath and vapor barrier if wood floor. 27. BASE AND SHOE MOULDING a. Ranch Style Base Moulding b. Vinyl Base Moulding 11 c. Shoe Moulding d. Square Cute Base Moulding e. Standard to Match Existing 28. WALL FINISH - PLASTER/DRYWALL Rake crack clean, remove loose plaster or drywall and fill with patching plaster. New repair shall be struck level with surrounding surface and finish to match existing walls. 29. WALL FINISH - DRYWALL One-half (1/2) inch sheetrock shall be taped, bedded and sanded smooth. Existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to walls or at ceiling. When installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead and imitation marble sills or other specified materials. All openings without doors shall be finished with metal corner bead. Any drywall which will be subject to moisture must be Durra Rock or Dens Shield or equal. 30. WALL FINISH - DRYWALL OVER FURRING STRIPS Walls shal reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to texture coat. When installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead and imitation marble sills or other specified materials. All openings without doors shall be finished with metal corner bead. 31. WALL FINISH - PANELING a. Over clean, smooth, flat surface in accordance with good standard practice. Nailed in the grooves with colored nails to match color of groove and adhesive as needed. All joints to be tight to eliminate crack from showing. b. the floor so that base can be nailed to it and keep the paneling from warping. At the ceiling provide horizontal strip for nailing of ceiling cove and stop panel warpage. 12 c. All trim to be prefinished wood moulding to match paneling. Installed with tight-fitting mitered cuts and nailed with matching color panel nails. 32. WALL FINISH - CERAMIC TILE - THICK BED Remove existing material on indicated walls and replace with ceramic tile using thick-bed method over wire lath. Trim edges with bullnose tile. Wall tile shall equal or exceed the Standard Grade requirements of U.S. Department of Commerce Simplified Recommendation R61-62 and Federal Specification SST- 33. WALL FINISH - CERAMIC TILE - THIN SET Apply ceramic tile on new drywall or existing drywall, remove existing material on indicated walls and replace with ceramic tile using thin-set method of drywall. Trim edges with bullnose tile. Wall tile shall equal or exceed Standard Grade Requirements of U.S. Department of Commerce. 34. FIXTURE SET Set shall include paper holder, toothbrush holder, two (2) towel bars, soap dish and grab bar. 35. CEILING FINISH - DRYWALL texture coat and ceiling textured 2 coats. Drywall shall be applied directly to existing ceiling. Three-fourth (3/4) inch to 1- wood or paneled walls. Heavy textured spray (popcorn type) finish with paint added. 36. CEILING FINISH - DRYWALL OVER FURRING STRIPS textured coat and ceiling textured 2 coats. Three-fourth (3/4) inch to 1- be used only when ceiling butts to wood or paneled walls. Heavy textured spray (popcorn type) finish with vinyl added. 13 37. DROP CEILING - DRYWALL textured coat and ceiling textured 2 coats. New ceiling shall be installed over new specified ceiling Three-fourth (3/4) inch to 1- wood or paneled walls. Heavy textured spray (popcorn type) finish with vinyl added. 38. CEILING FINISH - TILE and color as ceiling moulding. 39. SUSPENDED CEILING a. Exposed T- recommendations. b. Unexposed T-bar, as specified. Installed in strict accordance with 40. CEILING FINISH - PLASTER/DRYWALL One-half (1/2) inch sheetrock shall be taped, bedded and sanded smooth. Existing trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to textured paint. All openings shall be finished with metal corner bead or trim. 41. SCUTTLE HOLES Shall be installed in area indicated on Bid Specifications (size conform to ceiling surfaces. 42. WINDOWS AND DOORS - REPAIR When installing or repairing windows or doors, Contractor shall repair any surrounding area affected by this work. The repair work shall be finished so as to conform to the surrounding surfaces, texture and color. 14 42a. HURRICANE SHUTTERS All Hurricane shutters shall consist of Aluminum and shall meet all necessary codes and wind load ratings, Accordion shutters (sliding) or Bahamian and fixed panel shutters shall be fitted on all windows for inspection. 43. DOORS - GENERAL SPECIFICATIONS All doors specified as new shall be complete with new hardware and new lock-set. After trimming and fitting of door, all edges shall receive same finish as sides of door. A door bumper must be added to all doors. Include all trim and moulding necessary to finish both sides of the jamb. Acceptable locks only are Kwikset, Schledge or Wiser. Threshold to be included, exterior doors only. a. Interior doors shall be 1- designated by Owner, unless otherwise specified. b. Exterior doors shall be 1- and matching jamb. Pease, Therma-tru, Stanly or equal unless otherwise specified. Door to include storm chain. c. Exterior combination door shall be 1- solid lower half, with window and screen insert upper half, finished as designated by Owner. Deadbolt shall be single cylinder. d. Observer scope. e. All new exterior keyed lock shall be keyed alike. 44. WOOD SCREEN DOOR Furnish and install new screen door at indicated location. Screen door shall be wood, 2 panel, 1- complete with aluminum screen wire, closer, latch and 2 coats of paint or varnish 45. ALUMINUM SCREEN DOOR - aluminum prehung, with metal jamb, lock and closer. Model M- by Featherlite Co., or equal in quality. 46. GARAGE DOOR AND FRAMING - NEW Remove and replace all broken or cracked glass. 15 47. WINDOW - GENERAL SPECIFICATIONS When installing a new type window in an existing wooden frame, all groves, off sets and projects on the side and head, jambs and sills shall be finished flush and smooth. These windows: aluminum awning, aluminum single hung, jalousie, casement, when specified new shall include new aluminum or fiberglass screens, permanent stripping, positive lock device, nylon or stainless bushings and aluminum glazing bead. The awning window shall have a torque-bar operator. All window and frames shall be thoroughly caulked at time of installation. Replace all broken or cracked glass in all existing windows. 47. WINDOW - GENERAL SPECIFICATIONS (continued) When installed in masonry openings, windows to be set on 1 When replacing damaged headers in frame walls: See Table 7. NOTE: Bathroom windows shall be obscured tempered glass. NOTE: Clean all windows free of paint, decals, stucco, etc. 48. NEW WINDOW INSTALLATION (FRAMING) Window opening shall be framed to fit standard size windows and new casings and trim applied to match existing surfaces. 49. WINDOW - WOOD - NEW SASH New wooden sash shall be fitted to window opening so as to operate freely, lock properly and be reasonably weathertight. 50. WINDOW SCREEN - ALUMINUM FRAME Replace existing screen frames with new aluminum frames and 18 x 14 mesh screen complete with new latch and hangers. 51. SCREEN RE-SCREEN Re-screen indicated area using 18 x 14 mesh aluminum screen wire. Replace screen moulding with new matching moulding. Replace all damaged or missing hooks and hangers. 52. EXTERIOR SIDING AND TRIM REPLACING Replace damaged siding as described. New siding shall blend and conform with surrounding area. Adjacent end joints shall be staggered at a distance of at least 2 studs. 16 53. EXTERIOR SIDING AND TRIM-NOVELTY Cover indicated sections of structure with new wood novelty siding or other specified material. All joints shall be tight and adjacent end joints shall be staggered. Sidings shall be installed over vapor barrier, blend and conform with existing structure. Al horizontally applied siding shall be staggered a minimum of 2 stud spaces. 54. EXTERIOR SIDING - ASBESTOS AND TRIM Asbestos siding and trim is no longer acceptable for use. No asbestos materials of any kind is allowed for use. 55. EXTERIOR SIDING - ALUMINUM called for on Bid Specification. Siding shall be installed over a vapor barrier or reflective type insulations as recommended by manufacturer. Installation shall include window J channel, door recommendations. 56. TRIM FOR ALUMINUM 57. EXTERIOR SIDING - STUCCO Cover designated sections of structure with cement stucco finish. If stucco is to be applied over frame construction, vapor barrier must first be applied to siding. Over vapor barrier nail metal 58. SOFFIT AND FASCIA - ALUMINUM Enclose all eaves indicated. This shall be done by installing baked enamel, aluminum, ventilated soffit material to underside of rafters. Enclosing of eaves shall include installation of fascia board and application of baked enamel aluminum over same. Soffit material shall be not less than . 59. SOFFIT AND FASCIA - FRAMED ALUMINUM Build soffit under roof overhang by installing baked enamel, aluminum soffit material over wooden soffit framing. Aluminum soffit material shall be either - ventilated, ribbed or v- and trim shall be baked enamel aluminum. A fascia board shall be installed on rafter ends and covered with baked enamel aluminum with minimum t - 17 60. EAVES - REPAIR Remove deteriorated section of eaves as indicated and replace with new section of approved materials to match existing. 61. SOFFIT - EAVES Eaves: Enclose all eaves indicated on work write-up sheet. This shall be done by ation of fascia board. Soffit shall be solid, continuous vent or spot vented as indicated on work write-up sheet. Screen wire used shall be aluminum and fiberglass 18x14 mesh. 62. SOFFIT - FRAMED Build soffit under roof overhang as indicated on work write-up sheet. This shall be done at 90 degrees to wall, parallel to ground, and shall not be attached to bottom of rafters. Maximum spacing for sof with moulding strip and at end of rafter with a fascia board. Soffit shall be solid, continuous vent or spot vented as indicated on work write-up sheet. Screen wire used shall be aluminum 18/14 mesh. NOTE: All newly installed wooden soffit shall receive one coat primer and one coat of exterior oil base semi gloss. Nails used shall be galvanized type and countersunk and holes to be filled with putty. 63. GUTTER, DOWNSPOUTS - ALUMINUM BAKED ENAMEL OR GALVANIZED a. Aluminum shall be installed over existing fascia or back-stop with hangers recommended by manufacturer. Downspouts shall be placed over concrete splash box. b. Galvanized installation shall be same as above. 64. ROOF - GENERAL SPECIFICATIONS All roofing shall be applied in good workmanship-like manner and according to the work write-up and meet Southern standard Building Code, 1976 Edition and any applicable local amendments. All valleys, flashings and eave drips shall be replaced with standard galvanized metal, a All vent pipes shall be properly flashed with approved lead, sleeve type flashings, pitch pans or other approved methods. 18 All damaged or rotted sheathing boards shall be replaced with new. End joints shall be made over a rafter. Sheathing supporting verge rafters shall extend back onto the roof at least 4 feet. Any repair work on roof covering shall match existing as close as possible. Roof tile shall not be applied to the surface of roofs having an incline of less than 2-1/2 in 12. Tile shall be stacked on roof for a period of seven days before laying in setting bed. Tile is to be wet down before applied. See Table 8 for fastener schedule. Smaller size head nails may be used provided metal discs are used with them. 64. ROOF - GENERAL SPECIFICATIONS (continued) When new roofing is installed in conjunction with aluminum fascia, eave drips, gravel stops and flashing shall be matching aluminum. When new roofing is installed, sagging portions of roof shall be corrected. Purlins or sole plates shall be used when necessary. 65. ROOFING - SELVEDGE EDGE Remove existing roof, repair all damaged sheathing, rafters and related roof components. Install new flashing and eave drip and a 30-pound asphalt saturated felt. Over felt, apply Barrett SIS, or GAF Double Coverage, or equal. 66. ROOFING - BUILT-UP (TAR AND GRAVEL) Remove existing roof covering and replace damaged sheathing, rafters and related roof components. Apply one 30# layer of felt tin tacked and then apply two layers of 15# felt mopped on. Flood coat and apply gravel. 67. ROOFING - METAL Remove existing roof, repair sheathing and rafters. Install metal starting strip on verge rafters and roof indicated sections with 5-V-Crimp metal roofing and FHA type metal drip edge. 68. ROOFING - STRIP SHINGLES (ASPHALT) Remove existing roof covering and replace damaged sheathing, rafters and related roof components. Apply one 30# layer of felt and then apply one layer 15# felt mopped on. Install 240# 3-TAB self-sealing asphalt shingles. Install new flashing and eave drip. 19 69. CABINET - VANITY Base cabinets shal-B plywood. Finish shall be of imitation molded marble top and doors to self closing hinges. 70. CABINET - MEDICINE Shall be standard size, recessed, with minimum three (3) shelves, a mirror, unless otherwise specified on Bid Specifications. 71. CABINET - KITCHEN BASE a. -B plywood. Finish shall be of furn -C grade plywood. No wafer board, structural particle board or oriented sh Formica Curv-a-Top(.052) minimum thickness or -C grade plywood, self-closing hinges and side mounted drawer guides and all hardware to be included. b. Include a fixed shelf where possible. 72. CABINET - KITCHEN UPPER -B plywood. Finish -C grade plywood. Adjustable shelves in single door wall cabinets and self closing hinges. 73. COUNTER TOP -a- -C grade plywood. 74. CLOSETS Build a clothes closet in the indicated room - 0 by specified length. Closet shall be finished inside and out to conform with room. Baseboard, Louvered doors and trim out, clothes shelf and rod inclusive. 75. ELECTRICAL Electrical Contractor shall verify adequacy of existing electrical service for adding electrical devices. All electrical work shall comply to applicable codes. Contractor shall pay for all charges, for new connections or services increase by F.P.L. 20 The electrical Contractor shall notify Building Inspector of any unsafe or inadequate wiring before submission of his bid to the General Contractor. Once electrical Contractor has submitted his bid and it has been accepted by the General Contractor, the General Contractor will be held responsible for the acceptance of al the wiring by the electrical inspector. When specified, the following items shall consist of: a. Service shall include increasing capacity to indicated amps, grounding and lightning arrester. b. Service and panel box shall include increase of service as indicated, box with number of circuits as indicated, lightning arrester and ground, distribute all circuits to avoid overload of service. c. All appliance circuits shall be separate circuits and as required, G.F.C.I. outlets in bath, kitchens and exteriors. d. When light fixtures are called for, the following Hampton Bay shall be used unless otherwise specified: (1) L.R., D.R., B.R. Ceilings.......................................Model No. SL7510 (2) Kitchen.................................................................Model No. SL468-4 (3) Bath........................................................Model Nos. SL282 or SL286 (4) Hall Ceiling........................................................Model No. SL8436-8 .....Model Nos103-228 Wall and 385-589 Ceiling e. New receptacles to be duplex ivory, 15A-20 amp units as per code. 76. APPLIANCES General - All new appliances to be specified in work write-up as to model, color and location. Contractor is to provide the Department of Community Improvement with all warranties and/or guarantees. a. Electrical Ranges shall be # JPB68HK installed and tested for proper operation. b. Gas Ranges shall be connected to gas supply and tested for proper operation. Duplex receptacle shall included with range when needed for range accessories. c. Range Hoods shall match range quality. d. Refrigerator shall be installed in level position with duplex receptacle no more than one (1) foot from unit. 21 77. HEATING All heaters will conform to applicable codes. a. Gas - Indicated model shall be installed in area designated and tested for proper operation. b. Electric - Indicated model shall be installed in area designated and tested for proper operation. Individual heaters shall be on separate circuits as per Southern Standard Building Code. All electric heaters shall be equipped with forced air operation. 78. PLUMBING General - All plumbing shall comply with the Southern Standard Plumbing Code in effect as well as any local amendments. All work consisting of 50% or more of existing value must be brought up to present code and conditions. Contractor to be responsible for all permits and inspections necessary. Before submitting his bids, the plumbing Contractor shall verify the adequacy of existing water and sewer mains. Once the contract is let, the General Contractor will be responsible for the passing of all plumbing by the plumbing inspector. All tubs, sinks, lavatories, water heaters and/or water closets, when provided new, shall be chrome trim and fittings as specified. This includes, but is not limited to, faucets, traps, supply and return pipes, stops, and diverter valves. When a shower head and supply lines are called for, they shall be accompanied by separate shut-offs and shower rod. All work shall include vents, clean-outs, trap and other items required by local codes. a. Electric Water Heaters shall be installed complete with separate 220 volt circuit. Unit to be a 220 volt double element energy efficient model with high limit safety cut-off and a pressure relief valve run to the outside or drained into a over flow pan. with a minimum 5-year guarantee. b. Gas Water Heaters shall be installed complete with gas lines and properly vented. c. Washing Machine Connection - Install vent and drain with all necessary waste lines, hot and cold water supply lines, bibs, and one (1) grounded duplex 110V electric outlet within 2 feet of washer location. (NS does not provide washer/dryer units). d. Tub - Remove old bathtub and replace with a new 5-foot porcelain on steel bathtub. 22 e. Tub Fixtures Faucet - Remove old tub fixtures and replace with Moen model # L8283 single lever valve, shower head and tub down spout. f. Vanity Lavatory - ll hanger with all necessary fittings and plumbing (American Standard Cadet Model #8115 or equal) when replacing wall hung sink. When replacing cabinet style use cultured marble (All cabinets to be all wood in construction). g.Water Closet - Replace with new Kohler Well Worth Model # 99-146 or equal with water saver tank, complete with supply, and all plumbing necessary to install new toilet. This includes a new seat new seat. h. Kitchen - Replace with two compartment stainless steel sink with ledge mounted swing spout faucet, stainless steel strainer and stops as well as necessary fittings. Faucet to be American Standard Cadet Model # 8410 or equal. i. Sewer - Trench and lay PVC schedule 40 sewer pipe as per code. Make complete connections at street stub-up and house outlet complete with clean-outs as per local code. j. Water Line - potable PVC Schedule 40 or copper line, and connect to meter and house line as per local code. k. Septic Tank - Completely pump out tank, knock holes in the bottom and fill with sand or approved material. 79. FENCES a. Shall consist of the chain link variety. Hot dipped galvanized #11 minimum be surveyed. b. As specified. 80. DEMOLISH AND REMOVE FROM PREMISES, HAUL AWAY DEBRIS All items listed under this specification shall be removed from the premises before calling for final inspection. Remaining areas shall be left clean. 81. PEST EXTERMINATION a. When termite treatment is specified, all structures on property are to be treated. exterminator to rid the structures of any and all types of termites and shall carry a minimum guarantee of one (1) year. 23 b. Other treatment as specified. Chemicals used shall be those that will cause the least inconvenience to the property owner (moving of foam rubber articles, plants, etc..). Any damage to the structure, interior or exterior, or to the property (plants, etc.) caused by termite treatment, shall be repaired or replaced by the exterminating contractor. 82. PAINTING - GENERAL SPECIFICATIONS No interior or exterior painting is to be done without a painting inspection and written approval to proceed. All painting including prime coat, second coat and final coast shall be done only by licensed Contractor. The first paint inspection is to be made after surface preparation. Second inspection after application of first coat. The final inspection is to be made after application of final coat. Painting shall be done at such times when dust free and heat work may be achieved. All painting, including prime coat, second coat and final coats, shall be done only by a licensed Contractor and the workmanship shall be of professional quality. The painter shall apply each coat at the rate recommended by the manufacturer, smoothly without runs, sags or holidays and be applied in strict accordance with manufac All paint and other finished materials shall be M.A.B., Bear, Porter, Pittsburgh, Sherwin Williams or Benjamin Moore only. All paint shall be mildew resistant. No lead based paint will be authorized. Any painting over dirt, loose, scaling or peeling paint will be rejected. All joints in trim, siding and frames shall be caulked by gun method before application of paint. Prepare surfaces by scraping loose paint, point up all cracks and holes and sand smooth both exterior and interior surfaces. Paint colors shall be selected by Owner only. No paint shall be applied until all nail holes have been puttied and all defects in woodwork have been eliminated. All surfaces to receive paint, number of coats and special applications are indicated. All surfaces including floors, walls, ceilings, trim, doors and windows shall be cleaned out and excessive paint removed from same upon completion of painting. Reasonable care shall be exercised in moving ladders and scaffolding about dwelling to avoid damage to shrubbery and premises. The painting out of a room shall include all walls, ceilings, base trim, windows, window and door trim, interior and exterior of all closets and kitchen cabinets and both sides and edges of doors. 24 All newly installed wood shall receive one coat of primer or undercoat and two coats of semi gloss paint. All paint is to be removed from both sides of window, trim and door glass by painting Contractor. All paint shall be delivered to the job site in unopened containers. a. Exterior Paint Wood - All exterior wood, siding, soffits, fascia, trim, etc., shall be painted using an exterior oil based penetrating undercoat and one or two coats alkyd enamel semi gloss paint or equal. Stucco - All stucco shall be painted using an oil based penetrating sealer and flat acrylic latex house paint. b. Interior Paint Kitchen and bath walls and ceiling shall be painted using an alkyd enamel, high or semi gloss. All other rooms shall be painted using a latex, acrylic, water-based, semi gloss paint. (Equal to Sherwin Williams, Hi-Hide, and latex acrylic semi gloss.) Ceilings shall be painted white using a latex water-based flat paint. (Except in kitchens and baths where a white high or semi gloss oil-based enamel is to be used.) Doors and Trim - Existing doors and trim to receive one (1) coat oil-based penetrating sealer and semi gloss alkyd enamel on sides, top, bottom and edges. New Doors and Trim - Prime One (1) coat oil-based penetrating sealer and paint as needed with high or semi gloss alkyd enamel on sides, top, bottom and edges. c. Aluminum - High gloss alkyd enamel over prime coat equal to Sherwin Williams Kem Lustra Enamel. d. The Contractor will supply extra paint to the homeowner to match in color and brand that which was used as the final coat; amounts as follows: Exterior - one gallon Exterior Trim - one quart Kitchen and Bath - one quart Bedrooms - one quart Living and Dining Room - 1/2 gallon 25 83. LANDSCAPING a. Fill - Provide and install clean sand or fill in designated low areas. b. Sodding - Level designated area and clean free of all debris. Sod with St. Augustine or Bahia as specified in smooth uniform manner. Water all grass upon application. c. Tree Removal - Remove rotted trees or shrubs. Leave no exposed roots. Fill hole and patch area with sod where applicable. 84. WALKS Sidewalks to be formed and poured as shown on write- thick, broom finish, edged and lined. To be graded to allow all water to run off. 85. BLACKTOP DRIVES Install blacktop drive as per work write-up. Include necessary grading to receive base and Finish grade adjoining areas. 86. CONCRETE DRIVES - 87. CARPETING All carpet and pad shall meet HUD FHA requir certification must be submitted or carpet shall be labeled per U.S. 44C. a. Colors shall be selected and approved by the Owner prior to installation. b. Carpet shall not be installed until all interior work is completed. 88. INSULATION Insulation indicated in the work write-up shall include: insulation, preparation of existing areas to receive insulation, cleanup and protection of work and certification of material. a. lown rock wool, rock wool batts and fiberglass batts, Johns-Manville or equal. Batts shall be a full ___ thick and blown wool shall be a minimum thickness to provide an R-19 rating. Provide on baffle around perimeter of attic. 26 b. shall comply with Florida State Energy Code. LAND DEVELOPMENT REGULATIONS SECTION 4.6.16 LANDSCAPE REGULATIONS SECTION F 89. LANDSCAPING CONTINUED (ADDENDUM) 1. Irrigation Requirements: All landscaped areas shall be provided with a sprinkler system, automatically operated, in order to provide complete coverage of all plant material and grass to be maintained. Systems shall be designed to permit all zones to be daylight watering as established in the South Florida Water Management District Guidelines. Exceptions to be the requirements to provide irrigation are noted below: 2. Irrigation of Existing Plant Communities: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form. 3. Re-established Native Plant Areas: Native plant areas that are supplements to existing plant community or newly installed by the developer may initially require additional water to become established. The water required during the establishment period shall be applied from a temporary irrigation system, a water truck or by hand watering from standard hose bib source. 4. Irrigation Design Standards: The following standards shall be considered the minimum requirements for landscape irrigation design: a. All landscaped areas shall be provided with an irrigation system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. The source of water shall be pursuant to Section 6.2 10 (B) (5). The use of recycled water is encouraged. b. Wherever feasible, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas. c. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from law water requirement areas. d. Sprinkler heads shall be installed and maintained so as to minimize spray upon any public access, sidewalk, street or other non-pervious area. e. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. f. The use of low volume or drip systems is encouraged. g. The technology for moisture sensing devises improved, their use is encouraged. 27 h. The use of pop-up sprinkler heads is required in the swale area between the property line and the edge of pavement of the adjacent right-of-way to minimize pedestrian hazard. LAND DEVELOPMENT REGULATIONS ARTICLE 7.6 PLUMBING CODE, SECTION 7.6.2 90. LAWN SPRINKLERS: (1205) a. Lawn sprinkler systems shall be equipped with an approved backflow preventer on the discharge side of each of the last valves. the backflow preventer shall be at least six (6) inches above the highest head, and at no time less than six (6) inches above the surrounding ground. Where combination control valves and backflow preventers are installed, the bottom of the valves shall constitute the bottom of the backflow preventer. b. The following work must be performed by a person holding a current Florida state registered or certified plumbing license and registered with the City of Delray Beach, Florida. The plumber shall cut the tee in the line for the sprinkler line take-off. The sprinkler firm may take it from there provided they follow the code and have the proper inspection. c. An approved check valve shall be installed in the main supply line on the meter side before the first sprinkler circuit take-off. d. All sprinkler systems shall also comply with the State sanitary code and any current revisions. e. Sprinkler heads will be installed so that no water shall spray on a public street or sidewalk. If after they are installed the plumbing inspector shall find such a condition exists at any time, the contractor who installed same, shall correct the condition after being notified by the plumbing inspector. LAND DEVELOPMENT REGULATION ARTICLE 7.7 WELLS AND SPRINKLER SYSTEMS 91. WELLS FOR NON-POTABLE WATER; SPRINKLER SYSTEM Section 7.7.9 Permit Required: It shall be unlawful for any person or his agents or employees to drive or drill any water well for non-potable uses or to install any sprinkler system within the city without first having obtained a permit from the City Building Department to do that work. Section 7.7.10 Application of State Sanitary Code: All sprinkler systems shall be installed in accordance with Chapter 4, Section 10-D of the State Sanitary Code and current revisions. 28 Section 7.7.11 Duties of City Building Official; Inspections: (A) Before a permit shall be issued, the Building Official or his designee, shall ascertain whether or not the well or sprinkler system is to be connected with the public water supply of the city in any way and shall see that the requirements of all ordinances, rules and regulations protecting the health and safety of the citizens of the city are met. (B) The Building Official shall inspect all work, including any sprinkler system that be supplied by the well, before the well is covered and final connection is made. Section 7.7.12 Location of Well from Septic Tank or Drain field: No well shall be permitted within a distance of 75 feet from any septic tank or drain field. Section 7.7.13 Work to be Done by Licensed Plumber: The following work must be performed by a person holding a current state registered or certified plumbing license and registered with the city. Nothing herein shall prohibit the homeowner from performing this work in accordance with Section 7.7.2 of this Article. (A) The main water line shall rise a minimum of six inches above the highest sprinkler head with gate valve installed in line to control each sprinkler circuit. (B) An approved backflow preventer shall be installed on the discharge side of the gate valve controlling the circuit. (C) An approved check valve shall be installed in the main supply line on the meter side of the first sprinkler circuit takeoff. (D) The house or building water supply shall be connected to main supply pipe between meter and check valve. ACCEPTABLE MATERIALS FOR WELL SYSTEMS WELL SYSTEM 1 1/2 ZONE LINES PIPE - WELL PVC 29 TORO SPRINKLER HEAD WITH SWING JOINTS INTERMATIC 220 TIMER STAYRITE - PUMP (2HP) 30 Question and Answers for Bid #2016-084-NS Housing Rehabilitation Program 14-493 Overall Bid Questions Question 1 (Submitted: Apr 14, 2016 9:51:22 AM EDT) Answer -2016-084 Case 14-18 Swinton Gardens, Delray Beach, FL 33444 is the only location for this bid (Answered: Apr 14, 2016 11:20:52 AM EDT) Question 2 (Submitted: Apr 29, 2016 11:20:14 AM EDT) Answer -$26,308.57 (Answered: Apr 29, 2016 11:32:58 AM EDT) Question 3 (Submitted: Apr 29, 2016 11:20:49 AM EDT) Answer -Yes, the bid bond must be mailed in prior to the bid opening. (Answered: Apr 29, 2016 11:32:58 AM EDT) Question Deadline: May 16, 2016 5:00:00 PM EDT CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: BID # 2016-084 Katress Thaddies APPLICANT: 18 Swinton Gardens PROJECT ADDRESS: DATE OF BID LETTERS: April 13, 2016 DATE OF BID OPENING: May 26, 2016 GENERAL CONTRACTORSBID AMOUNTBID BOND CJ Contracting, LLC$ 25,030.00 Cosugas, LLC $ 31,840.00 In-House Estimate:$ 28,180.90 RECOMMENDED CONTRACTOR: CJ Contracting, LLC BID/CONTRACT AMOUNT :$ 25,030.00 5% Contingency$ 1,251.50 $ 26,281.50 Lead InspectionN/A Lead ClearanceN/A Termite InspectionN/A Termite TreatmentN/A Recording Fees 19.10 GRANT CONTRACT AMOUNT 26,300.60 FUNDING SOURCE:SHIP Account # 118-1924-554-49.19 COMMENTS:Staff recommends awarding to lowest responsive bidder CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PROGRAM BETWEEN THE CITY OF DELRAY BEACH and Katress Thaddies BID # 2016-084 CJ Contracting, This is an Agreement ("Agreement"), made and entered into by and between: LLC. Katress Thaddies, hereinafter called the , hereinafter referred to as the WHOSE residence and project address is 18 Swinton Gardens, Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 11 of the Plat of Swinton Gardens, City of Delray Beach, as recorded in Plat Book 98, Page 70. P I D # 12-43-46-20-71-000-0110 WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, between the Contractor and the Owner agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: Agreement 1.1 - This Agreement includes Articles 1 through 11, the exhibits and documents that are expressly incorporated herein by reference. Board 1.2 - The City Commission of Delray Beach, Florida. Contract Administrator 1.3 - 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. City Manager 1.4 - The administrative head of City appointed by the Board. City Attorney 1.5 - The chief legal counsel for City appointed by the Board. Project 1.6 - 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 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. ARTICLE 3 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. ARTICLE 4 COMPENSATION 4.1 Twenty-Six Thousand Three Hundred manner specified in Section 4.3, the total of Dollars and 60/100 Cents ($26,300.60) from the State Housing Initiatives Partnership 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 upo this Agreement. This maximum amount, however, does not constitute a limitation, of ch 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 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 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 a 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: CJ Contracting, LLC. 11924 Forest Hill Blvd. Ste 10A-267 Wellington, FL 33414 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 emnification 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, 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 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 ARTICLE 9 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. ARTICLE 10 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. ARTICLE 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, 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 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 st 100 N.W. 1 Avenue Delray Beach, Florida 33444 For Contractor: CJ Contracting, LLC. 11924 Forest Hill Blvd. Ste 10A-267 Wellington, FL 33414 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 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 st 100 N.W. 1 Avenue Delray Beach, Florida 33444 For Contractor: CJ Contracting, LLC. 11924 Forest Hill Blvd. Ste 10A-267 Wellington, FL 33414 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 related to its performance under 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 BY ENTERING INTO THIS AGREEMENT, CONTRACTOR other jurisdictional device. 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 CONTRACTOR SIGNATURE ____________________________________ By____________________________ OWNER CONTRACTOR FIRM NAME ATTEST: _____________________________ CITY REPRESENTATIVE ____ day of ______________, 2016___ (SEAL) EXHIBIT A SCOPE OF SERVICES EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Contractorshall 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 Management. If you have any questions call (561) 243-7150. A. The successful contractor shall not commence any work in connection with an agreement until it has obtained all of the following types of insurance and has provided proof of same to the County, in the form of a certificate prior to the start of any work, nor shall the successful contractor allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. B. The successful contractor and/or subcontractor shall maintain the following types of insurance, with the respective limits: 1. AUTOMOBILE: a. Combined Single Limit: $300,000.00 per accident, OR b. Bodily Injury: $300,000.00 per person, AND Property Damage: $100,000.00 per accident; 2. GENERAL LIABILITY: Minimum limit of $500,000 per occurrence and One Million Dollars ($1,000,000.00) 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. 3. GENERAL AGGREGATE: Two Million Dollars ($2,000,000.00); 4. EXCESS COVERAGE: One Million Dollars ($1,000,000.00); 5. PRODUCTS LIABILITY: Two Million Dollars ($2,000,000.00); all employees and providing benefits as statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than One Million Dollars ($1,000,000.00) per occurrence regardless of the size of your firm. Contractorfurther 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.. Evidence of qualified self-insurance status will suffice for this subsection. 7. 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. shall name the City of Delray Beach as an Additional Insured C. The CONTRACTOR , to the extent of the services to be provided hereunder, on all required insurance policies, and provide the City with proof of same. D. Certificates of Insurance:The successful contractor and/or subcontractor shall provide the such coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated and show: 1. The name of the insured contractor, 2. The specified job by name and job number, 3. The name of the insurer, 4. The number of the policy, 5. The effective date, 6. The termination date, 7. A statement that the insurer will mail notice to the City at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy. 8. The Certificate Holders Box must read as follows: st 100 NW 1 Avenue Delray Beach, Florida 33444 Any other wording in the Certificate Holders Box shall not be acceptable. Non-conforming certificates will be returned for correction. E. Waiver: Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicates less coverage than is ion to fulfill the insurance requirements specified herein. F. Subcontractors: The successful contractor shall ensure that any sub-contractor(s), hired to perform any of the duties contained in the Scope of Services of an Agreement, maintain the same insurance requirements set forth herein. In addition, the successful contractor shall maintain proof of same on file and made readily available upon request by the City. G. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the successful contractor and/or subcontractor providing such insurance. H. 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. st Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1 Avenue, Delray Beach, Florida st 33444 with copies to Assistant City Manager and Neighborhood Services Division 100 N.W. 1 Avenue, Delray Beach, FL 33444 Authorized Signature: _______________________________________Date:_______________ The City reserves the unilateral right to modify the insurance requirements set forth at anytime during the process of solicitation or subsequent thereto. Failure to submit this form including copies of current Insurance Certificates may be grounds for disqualification of your submittal. Return to: City of Delray Beach Neighborhood Services Division st 100 N.W. 1 Avenue Delray Beach, FL 33444 STATE HOUSING INITIATIVES PARTNERSHIP CITY OF DELRAY BEACH (SHIP) HOUSING REHABILITATION AGREEMENT APPLICANT/OWNER: Katress Thaddies ADDRESS: 18 Swinton Gardens Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 11 of the Plat of Swinton Gardens, City of Delray Beach, as recorded in Plat Book 98, Page 70. P I D # 12-43-46-20-71-000-0110 CASE NO: 14-493 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 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. 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. Return to: City of Delray Beach Neighborhood Services Division st 100 N.W. 1 Avenue Delray Beach, FL 33444 STATE HOUSING INITIATIVES PARTNERSHIP CITY OF DELRAY BEACH (SHIP) HOUSING REHABILITATION AGREEMENT 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-Six Thousand Three Hundred Dollars and 60/100 Cents ($26,300.60) 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 ______________________ ______________________________ Date 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: Katress Thaddies FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: Program Activities Housing Rehabilitation State Housing Initiatives Partnership Forgivable Loan Award(s) According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and 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 $26,300.60 for the rehabilitation of your home. This forgivable loan amount includes a 5% contingency amount above the actual contract price which may be used for change orders. 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. NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 14-493 SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 18 Swinton Gardens Delray Beach, FL 33444 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 Commission, 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 permit issuance. 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 tentative completion date on: _________________________. ______________________________ Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator ________________ ______________________________ Date Contractor Firm Name City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-577,Version:1 APPROVAL OF PURCHASES FROM FEDERAL EASTERN INTERNATIONAL, INC UTILIZING THE STATE OF FLORIDA CONTRACT Recommended Action: MotiontoapprovepurchasesfromFederalEasternInternational,Inc.forfiscalyear2016inan amount not-to-exceed $45,000 utilizing the State of Florida Contract No. 680-850-11-1 Background: OnJanuary31,2011,theStateissuedacontractwithmultiplemanufacturer'sofbodyarmor.The contractwasvalidfromJanuary31,2011throughJanuary30,2014withrenewaloptions.Renewals havebeenissuedbytheStateextendingthecontractperiodthroughJanuary29,2017.Each awardedbodyarmormanufacturerprovidesretailsalesofbodyarmorthroughtheirauthorized distributorswhichareidentifiedintheStatecontractdocuments.PointBlankEnterprises,Inc.,oneof theawardedfirms,providesthebodyarmorthatmeetsthePoliceDepartment'srequirements. FederalEasternInternationalInc.istheauthorizeddistributorforPointBlankEnterprisesforour region. ThePoliceDepartmenthasanumberofbodyarmorvestswhichwillmoveoutsideofthe manufacturer'sguaranteedwarrantyperiodwithinthenextfewmonths.Thesevestsmustbe replaced so that City Police Officers are protected. This award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7) “Utilization of Other Governmental Entities’ Contracts.” City Attorney Review: Finance Department Review: Finance recommends approval. Funding Source: 001-2111-521-52.27 (Equipment <$1,000) 001-2115-521-52.27 (Equipment <$1,000) City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ AMENDMENT NO. 2 Renewal No. 2 State Term Contract 680-850-11-1 Body Armor (Protective Vests) This Amendment No. 2 (Amendment), is effective January 30, 2015, to the State Term Contract for Body Armor (Protective Vests), No. 680-850-11-1 (Contract), effective between the State of Florida, Department of Management Services (Department) and (Contractor). Department and Contractor are collectively referred to herein as t meaning assigned to them in the Contract, unless otherwise defined herein. WHEREAS the Contract was originally entered on January 30, 2011 with the Contractor for the provision of body armor (protective vests), and is scheduled to expire on January 29, 2015; and WHEREAS upon mutual agreement, the Department and the Contractor agree to amend and renew the Contract, in accordance with Contract section 4.0 Renewal; and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1.0 Contract Amendment and Renewal. State Term Contract, Contract No. 680-850-11-1 is renewed for a period of two years at the same terms and conditions, with a new contract expiration date of January 29, 2017. 2.0 Diversity Reporting. Paragraph 3.12.1 is deleted and replaced with the following: 3.12.1 Diversity Reporting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and veteran owned business enterprises in the economic life of the State. The State of Florida Mentor minority, women, and veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more informat please contact the Office of Supplier Diversity at (850) 487-0915 or email: osdhelp@dms.myflorida.com. 3.0 Preferred Pricing Affidavit. Paragraph 5.18 is deleted and replaced with the following: 5.18 Preferred Pricing Affidavit Requirement An authorized representative of the Contractor shall provide a fully completed, signed and notarized Best Pricing Affidavit (Attachment 1) to the contract manager together with this signed Amendment No. 2 - Renewal No. 2. 4.0 Public Records. This Contract is amended to add paragraph 5.19, as follows: PublicRecords If, under this contract, the Contractor is providing services and is acting on behalf of the Department as provided under section 119.011(2), Florida Statutes, the Contractor, subject to the terms of section 287.058(1), Florida Statutes, and any other applicable legal and equitable remedies, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. The Department may unilaterally cancel this Contract for refusal by the Service Provider to comply with this section by not allowing public access to all documents, papers, letters, or other material made or received by the contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Art. 1 of the State Constitution and s.119.07(1) 5.0 Scrutinized Companies This Contract is amended to add paragraph 5.20, as follows: 5.20 Scrutinized Company List Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, F.S. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the . Iran Petroleum Energy Sector List during the term of the Contract 6.0 E-Verify. Paragraph 9.0 is deleted and replaced with the following: 9.0 E-Verify Pursuant to State of Florida Executive Order Number 11-116, Contractor is required to utilize E-Verify system to verify the employment of all new employees hired by the Contractor during the Contract term. Also, Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the Contract term. 7.0 Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind their respective part. 8.0 Conflict. To the extent any of the terms of this Amendment conflict with the terms of the contract, the terms of this Amendment shall control. 9.0 Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Contractor: Department of Management Services: By: __________________________ By: __________________________ Name: Kelley J. Scott,________________ Name:________________________ Title: Director of State Purchasing and Title:_________________________ Chief Procurement Officer Date: ________________________ Date: ________________________ AMENDMENT NO. 1 RENEWAL No. 1 To State Term Contract 680-850-11-1 Body Armor (Protective Vests) This Amendment No. 1 (Amendment), is effective January 30, 2014, or the last date signed by both parties, to the Body Armor (Protective Vests), No. 680-850-11-1, effective between the State of Florida, Department of Management Services (Department) and (Contractor). The Department and Contractor are collectively referred assigned to them in the Agreement, unless otherwise defined herein. WHEREAS the Contract was originally entered on January 30, 2011 with the Contractor for the provision of body armor (protective vests) products, and is scheduled to expire on January 29, 2014; and WHEREAS upon mutual agreement, the Customer and the Contractor agree to amend the Contract, in accordance with sections 4.26 Renewal and 5.2 Period of Agreement; and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 10.0 Contract Amendment. Pursuant to sections 4.26 and 5.2 of the State Term Contract, the State Term Contract No. 680-850-11-1, is renewed for a period of one year at the same terms and conditions, with a new contract expiration date of January 29, 2015. 11.0 Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. 12.0 Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 13.0 Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 14.0 Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto. 15.0 Entire Agreement. Except as expressly modified by this Amendment, the contract shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations to the parties. This Amendment and the contract (including any written amendments thereto), collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto. Title: State of Florida, Department of Management Services: Date: By: Name: Kelley J. Scott Title: Director of State Purchasing and Chief Procurement Officer Date: Contractor: By: Name: CERTIFICATION OF CONTRACT TITLE: Body Armor CONTRACT NO.: 680-850-11-1 ITB NO.: 14-680-850-O EFFECTIVE: January 31, 2011 through January 30, 2014 SUPERSEDES: 680-850-05-1 CONTRACTORS: Central Lake Armor Express, Inc. (A) Diamondback Tactical, LLLP (R) ForceOne, LLC (A) GH Armor Systems by Sentry Armor Systems, Inc. (A) Point Blank Enterprise, Inc. (A) Protective Products Enterprises, Inc. (A) Safariland, LLC (A) Survival Armor, Inc. (A) U.S. Armor Corporation (A) (REV. 18 April 12) CONTRACT CERTIFICATION Page 2 of 2 A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B.EFFECT - Equipment products by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C.ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions _________________________________________ Authorized Signature (date) CONTRACT ADMINISTRATOR MINA BAREKAT, CPM®, CSM, FCCM PHONE: 850-488-1985 FAX: 850-414-6122 EMAIL: Mina.Barekat@dms.myflorida.com CONTRACT BETWEEN FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND \[CONTRACTOR NAME\] Contract No.: 680-850-11-1 agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and \[Contractor Name\] -680-850-O the Department awarded to Contractor pursuant to the terms and conditions of the ITB; Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contract. 1.0 NAME OF CONTRACT Armor; Body Contract No. 680-850-11-1. 2.0 EFFECTIVE DATE This Contract shall begin on the last date signed by all parties, for an original term of 36 months. 3.0 EXPIRATION DATE This Contract shall expire no later than six years (3 years for the original term of the contract and 6 years if renewed for the maximum term possible pursuant to Section 4.0 of this Contract) from the effective date of the Contract, unless terminated or allowed to expire earlier in accordance with its terms. 4.0 RENEWAL Upon mutual written agreement, the Department and the Contractor may renew Contract No. 680-850-11-1 for up to three (3) years pursuant to Section 4.26 Renewal and Section 1.1 Purpose and Scope. 5.0 CONTRACT DOCUMENTS This Contract, together with the following attached documents, set forth the entire understanding of the parties with respect to the subject matter. In case of conflict, the terms of this Contract shall control. If a conflict exists among any of the attached documents, the documents shall have priority in the order listed: A. This Document B. ATTACHMENT I: ITB No. 14-680-850-O, and any addendums. C. ATTACHMENT II: -680-850-O 6.0 SUMMARY OF THE SCOPE OF WORK Contractor will provide Body Armor, including Tactical, Concealable, Stab-resistant, K9 and accessories, in accordance with Section 4 General Conditions, Section 5 Special Conditions, and Section 6 Technical Specifications. 7.0 DELIVERABLES Contractor will provide approved Body Armor products and accessories (and any related services) in accordance with contract specifications. Contractor will deliver those products and/or services in a timely manner, at the prices approved by the Department, and in accordance with all Contract conditions. 8.0 SUMMARY OF PENALTY FOR FAILURE OF CONTRACTOR TO MEET DELIVERABLES Referencing Section 4.22 Termination for Convenience, the Department, by written notice to the Contractor, may terminate the Contract in whole or in part when it determines in its sole discretion that it best interest to do so. Referencing Section 4.23 Termination for Cause, the Department may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. 9.0 EMPLOYMENTELIGIBILITYVERIFICATION Contractor agrees that it will enroll and participate in the federal E-Verify Program for Employment Contractor further agrees to provide to the Department, within thirty days of the effective date of this contract/amendment/extension, documentation of such enrollment in the form of a copy of the E- in the E-Verify Program (this page can be - homepage). Contractor further agrees that it will require each subcontractor that performs work under this contract to enroll and participate in the E-Verify Program within ninety days of the effective date of this contract/amendment/extension or within ninety days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the -Verify Program and make such record(s) available to the Department upon request. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E- Verify program, including participation by its subcontractors as provided above, and to make such records available to the Department or other authorized state entity consistent with the terms of the Memorandum of Understanding. Compliance with the terms of this Employment Eligibility Verification provision is made an express condition of this contract and the Department may treat a failure to comply as a material breach of the contract. 10.0CONTRACT MANAGEMENT A. Contract Administrator The Department employee who is primarily responsible for overseeing the Contract file and the ® Mark Lovell, PMP, CPPO, CPPB Purchasing Analyst Department of Management Services Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850) 487-2304 (Voice) (850) 414-6122 (Fax) Mark.Lovell@dms.myflorida.com The Department may appoint a different Contract Administrator, which shall not constitute an amendment to the Contract, by sending written notice to Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Administrator. B. \[Name, Title\] \[Company name\] \[Address\] \[City, State, Zip\] Telephone: Fax: E-mail: mendment to the Contract. Changes shall be requested by sending written notice to the Department. Any communication relating to the Contract shall be addressed to the Contract Administrator. State of Florida Department of Management Services Approved as to form and legality Secretary Date Date Contractor: (Insert Name) Signature Print Name Title Date TC ABLE OF ONTENTS I ............................................................................................................ 14 NTRODUCTION 1.1PS ..............................................................................................................14 URPOSE AND COPE 1.2T ................................................................................................................................14 IMELINE GIR(PUR1001R10/06) ...................... 16 ENERAL NSTRUCTIONS TO ESPONDENTS EV 2.1D ...........................................................................................................................16 EFINITIONS 2.2GI .......................................................................................................16 ENERAL NSTRUCTIONS 2.3ESR ............................................................................17 LECTRONIC UBMISSION OF ESPONSES 2.4TC .......................................................................................................17 ERMS AND ONDITIONS 2.5Q ..............................................................................................................................17 UESTIONS 2.6CI .........................................................................................................17 ONFLICT OF NTEREST 2.7CV ............................................................................................................18 ONVICTED ENDORS 2.8DV ..................................................................................................18 ISCRIMINATORY ENDORS 2.9RRA ..................................................18 ESPONDENTS EPRESENTATION AND UTHORIZATION 2.10MNAE ..................................................19 ANUFACTURERS AME AND PPROVED QUIVALENTS 2.11PQ .........................................................................................20 ERFORMANCE UALIFICATIONS 2.12PO ....................................................................................................................20 UBLIC PENING 2.13EPNIA ..................................................20 LECTRONIC OSTING OF OTICE OF NTENDED WARD 2.14FR ......................................................................................................................20 IRM ESPONSE 2.15C/R .................................................................................................21 LARIFICATIONSEVISIONS 2.16MI/RR .......................................................................21 INOR RREGULARITIESIGHT TO EJECT 2.17CF ........................................................................................................21 ONTRACT ORMATION 2.18CO .............................................................................................................21 ONTRACT VERLAP 2.19PR ...................................................................................................................21 UBLIC ECORDS 2.20P ................................................................................................................................21 ROTESTS 2.21LVCADSP ....22 IMITATIONS ON ENDOR ONTACT WITH GENCY URING OLICITATION ERIOD SITR ............................................................... 23 PECIAL NSTRUCTIONS O ESPONDENTS 3.1CP ..................................................................................................................23 ONTACT ERSON 3.2OP ........................................................................................................23 RDER OF RECEDENCE 3.3D ...........................................................................................................................24 EFINITIONS 3.4WMR ..............................................................................................................25 HO AY ESPOND 3.5MFMPSO ....................................................25 YLORIDAARKETLACE OLICITATION VERVIEW 3.6AASD ...............................27 MENDMENTS OR DDENDUMS TO THE OLICITATION OCUMENTS 3.7EQ .......................................................................................................27 STIMATED UANTITIES 3.8SR .....................................................................................................28 UBMITTAL OF ESPONSE 3.9EC .........................................................................................................30 VALUATION RITERIA 3.10BA ..................................................................................................................31 ASIS FOR WARD 3.11MPLDRS .......31 ANUFACTURERS RICE IST OCUMENTATION EQUIRED WITH OLICITATION 3.12SO ................................................................................................................31 TATE BJECTIVES 3.13L ...............................................................................................................................33 OBBYING 3.14SA ..................................................................................................33 PECIAL CCOMMODATION 3.15CSO ....................................................................................................34 OST AVINGS BJECTIVE 3.16FCFPPL ...............................................34 LORIDA LIMATE RIENDLY REFERRED RODUCT IST GCC\[PUR1000(R10/06)\] .................................. 36 ENERAL ONTRACT ONDITIONS EV 4.1D ...........................................................................................................................37 EFINITIONS 4.2PO ................................................................................................................37 URCHASE RDERS 4.3PV .................................................................................................................37 RODUCT ERSION 4.4PCATC ..............................................38 RICE HANGES PPLICABLE ONLY TO ERM ONTRACTS 4.5AQ ......................................................................................................38 DDITIONAL UANTITIES 4.6P .............................................................................................................................38 ACKAGING 4.7ICS ...................................................................................39 NSPECTION AT ONTRACTORS ITE 4.8SS ...............................................................................................................39 AFETY TANDARDS 4.9ADA ...................................................................................39 MERICANS WITH ISABILITIES CT 4.10L ...........................................................................................................................39 ITERATURE 4.11TD ........................................................................................39 RANSPORTATION AND ELIVERY 4.12I ........................................................................................................................39 NSTALLATION 4.13RL ..........................................................................................................................40 ISK OF OSS 4.14TF .................................................................................................................40 RANSACTION EE 4.15IP .....................................................................................................40 NVOICING AND AYMENT 4.16T ......................................................................................................................................41 AXES 4.17GR ..........................................................................................41 OVERNMENTAL ESTRICTIONS 4.18LI ....................................................................................................41 OBBYING AND NTEGRITY 4.19I ..................................................................................................................42 NDEMNIFICATION 4.20LL ....................................................................................................42 IMITATION OF IABILITY 4.21SW ...........................................................................................................43 USPENSION OF ORK 4.22TC .......................................................................................43 ERMINATION FOR ONVENIENCE 4.23TC .....................................................................................................43 ERMINATION FOR AUSE 4.24FM,ND,NDD .............................44 ORCE AJEURE OTICE OF ELAY AND O AMAGES FOR ELAY 4.25C .................................................................................................................................44 HANGES 4.26R ................................................................................................................................44 ENEWAL 4.27POD ...............................................................................................45 URCHASE RDER URATION 4.28A ..........................................................................................................................45 DVERTISING 4.29A ...........................................................................................................................46 SSIGNMENT 4.30AA .......................................................................................................46 NTITRUST SSIGNMENT 4.31DR ............................................................................................................46 ISPUTE ESOLUTION 4.32E,S,A ...................................................................46 MPLOYEES UBCONTRACTORS AND GENTS 4.33SC ........................................................................................47 ECURITY AND ONFIDENTIALITY 4.34CE,S,A .............................47 ONTRACTOR MPLOYEES UBCONTRACTORS AND OTHER GENTS 4.35IR ..................................................................................................47 NSURANCE EQUIREMENTS 4.36WA ..................................................................................................47 ARRANTY OF UTHORITY 4.37WAP .................................................................................47 ARRANTY OF BILITY TO ERFORM 4.38N ..................................................................................................................................48 OTICES 4.39LIP ..............................................................................48 EASES AND NSTALLMENT URCHASES 4.40PRIDE,I.(PRIDE) ..48 RISON EHABILITATIVE NDUSTRIES AND IVERSIFIED NTERPRISES NC 4.41PABOH ..............................48 RODUCTS VAILABLE FROM THE LIND AND THER ANDICAPPED 4.42MT .....................................................................................................48 ODIFICATION OF ERMS 4.43CP .................................................................................................49 OOPERATIVE URCHASING 4.44W ...................................................................................................................................49 AIVER 4.45AA ....................................................................................................49 NNUAL PPROPRIATIONS 4.46EC ............................................................................................49 XECUTION IN OUNTERPARTS 4.47S ........................................................................................................................49 EVERABILITY SCC .............................................................................. 50 PECIAL ONTRACT ONDITIONS 5.1D ...........................................................................................................................50 EFINITIONS 5.2PA ........................................................................................................51 ERIOD OF GREEMENT 5.3CD ......................................................................................................................51 ATALOG ATA 5.4CHP ........................................................................................................51 ONTRACT OME AGE 5.5 PA/D ........................................................................................52 RODUCT DDITIONSELETIONS 5.6CL .....................................................................................................52 OMPLIANCE WITH AWS 5.7PPA ......................................................................................52 RICE AND RODUCT DJUSTMENT 5.8TFR ................................................................................................53 RANSACTION EE EPORTS 5.9SR ......................................................................................................53 ERVICE EQUIREMENTS 5.10DMO .......................................................................................53 ELIVERY AND INIMUM RDERS 5.11OFR% .............................................................................................................53 RDER ILL ATE 5.12PC ................................................................................................................53 URCHASING ARD 5.13SSR ..................................................................................................54 ALES UMMARY EPORTS 5.14BRM ...............................................................................................55 USINESS EVIEW EETINGS 5.15CL .....................................................................................................55 OMPLIANCE WITH AWS 5.16LI ....................................................................................................55 OBBYING AND NTEGRITY 5.17IP ....................................................................................................55 NTELLECTUAL ROPERTY 5.18PPC ......................................................................................55 REFERRED RICING OMPLIANCE TS...................................................................................... 56 ECHNICAL PECIFICATIONS 6.1AD .....................................................................................................56 DDITIONAL EFINITIONS 6.2SC .................................................................................................56 COPE AND LASSIFICATION 6.3AP ..................................................................................................57 PPLICABLE UBLICATIONS 6.4SP ............................................................................................................57 TANDARD RODUCTS 6.5W .......................................................................................................................57 ORKMANSHIP 6.6BN ........................................................................................................................57 RAND AMES 6.7PD ...............................................................................................57 REPARATION FOR ELIVERY 6.8SI ..................................................................................................58 AMPLING AND NSPECTION 6.9W .............................................................................................................................58 ARRANTY 6.10FSR .......................................................................................58 ACTORY ERVICE EQUIREMENT 6.11PI .......................................................................................................58 RODUCT NFORMATION FPS ......................................................................................... 59 ORMS AND RICE HEETS 7.1OI .....................................................................................................60 RDERING NSTRUCTIONS 7.2ASDL ...............................................................................61 UTHORIZED ERVICING EALER IST 7.3S/PR ................................................................................................62 AVINGSRICE EDUCTIONS 7.4CDFWP ..................................................64 ERTIFICATION OF RUG REE ORKPLACE ROGRAM 7.5MPLC .....................................................................65 ANUFACTURERS RICE IST ERTIFICATE 7.6MCAD/D .................65 ANUFACTURERS ERTIFICATION OF UTHORIZED EALERISTRIBUTOR 7.7QSTCSSR ....................................66 UARTERLY TATE ERM ONTRACT ALES UMMARY EPORT 7.8BPC .............................................................................................67 ID REPARATION HECKLIST S1.0 ECTION I NTRODUCTION C: ONTENTS 1.1 PS URPOSE AND COPE 1.2 T IMELINE 1.1 PS URPOSE AND COPE interested Vendors to submit bids in accordance with these solicitation documents. The purpose of this solicitation is to establish a thirty-six (36) month State Term Contract for the acquisition of NIJ (National Institute of Justice; the research, development and evaluation agency of the United States Department of Justice) Standard -approved stab-resistant Body Armor, with the potential option for renewals as allowed by Chapter 287, Florida Statutes. The intent is to obtain the most cost effective price for Body Armor products and accessories for the State of Florida, while maximizing the quality and level of service. Qualified vendors must have the capability to provide equipment in all respects in accordance with the solicitation documents, and to the satisfaction of the Department. The Contract term will begin with completion of all the solicitation requirements, including those of paragraph 2.17 with potential options for renewal in accordance with Chapter 287, Florida Statutes. 1.2 T IMELINE Event Event Date DO NOT RELY ON Issue ITB in the MyFloridaMarketPlace Sourcing Tool 12/13/2010 THE Questions from Respondents Due via the MyFloridaMarketPlace Sourcing Tool Q & A Board (see Section 2.5) no later than 5:00 pm EST. 12/20/2010 Post Responses to Respondents Questions in the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System. 12/27/2010 ITB Responses Due within the MyFloridaMarketPlace Sourcing Tool, and any hard copy documents due no later than 2:00 pm EST. 1/5/2011 Post Notice of Intent to Award on the Vendor Bid System. 1/17/2011 Contract Award Per Section 2.17 SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The Responsedeadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. IT IS STRONGLY RECOMMENDED TO SUBMIT YOUR RESPONSE AS EARLY AS POSSIBLE. YOU SHOULD ALLOW TIME TO RECEIVE ANY REQUESTED ASSISTANCE AND TO RECEIVE VERIFICATION OF YOUR SUBMITTAL; WAITING UNTIL THE LAST HOURS OF THE SOLICITATION COULD IMPACT THE TIMELY SUBMITTAL OF YOUR RESPONSE. S2.0 ECTION GIR(PUR1001R10/06) ENERAL NSTRUCTIONS TO ESPONDENTS EV C: ONTENTS 2.1 D EFINITIONS 2.2 GI ENERAL NSTRUCTIONS 2.3 ESR LECTRONIC UBMISSION OF ESPONSES 2.4 TC ERMS AND ONDITIONS 2.5 Q UESTIONS 2.6 CI ONFLICT OF NTEREST 2.7 CV ONVICTED ENDORS 2.8 DV ISCRIMINATORY ENDORS 2.9 RRA ESPONDENTS EPRESENTATION AND UTHORIZATION 2.10 MNAE ANUFACTURERS AME AND PPROVED QUIVALENTS 2.11 PQ ERFORMANCE UALIFICATIONS 2.12 PO UBLIC PENING 2.13 EPNIA LECTRONIC OSTING OF OTICE OF NTENDED WARD 2.14 FR IRM ESPONSE 2.15 C/R LARIFICATIONSEVISIONS 2.16 MI/RR INOR RREGULARITIESIGHT TO EJECT 2.17 CF ONTRACT ORMATION 2.18 CO ONTRACT VERLAP 2.19 PR UBLIC ECORDS 2.20 P ROTESTS 2.21 LVCADSP IMITATIONS ON ENDOR ONTACT WITH GENCY URING OLICITATION ERIOD 2.1 D EFINITIONS The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entit (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the Respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2.2 GI ENERAL NSTRUCTIONS Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. 2.3 ESR LECTRONIC UBMISSION OF ESPONSES Respondents are required to submit Responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the Response created by the Respondent within MyFloridaMarketPlace. The Respondent agrees that the action of electronically submitting its Response constitutes: an electronic signature on the Response, generally, an electronic signature on any form or section specifically calling for a signature, and an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4 TC ERMS AND ONDITIONS All Responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications, Special Conditions and Instructions, Instructions to Respondents (PUR 1001), General Conditions (PUR 1000), and Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a RespondentResponse. In submitting its Response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a Response, shall be grounds for rejecting a Response. 2.5 Q UESTIONS Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all Respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each Respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 2.6 CI ONFLICT OF NTEREST This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their Response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Respondent or its affiliates. 2.7 CV ONVICTED ENDORS A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: submitting a bid on a contract to provide any goods or services to a public entity; submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; submitting bids on leases of real property to a public entity; being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8 DV ISCRIMINATORY ENDORS An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: submit a bid on a contract to provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or transact business with any public entity. 2.9 RRA ESPONDENTS EPRESENTATION AND UTHORIZATION In submitting a Response, each Respondent understands, represents, and acknowledges the following (if the Respondent cannot so certify to any of following, the Respondent shall submit with its Response a written explanation of why it cannot do so). The Respondent is not currently under suspension or debarment by the State or any other governmental authority. To the best of the knowledge of the person signing the Response, the Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Response. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any Respondent or potential Respondent, and they will not be disclosed before the solicitation opening. The Respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: Has within the preceding three years been convicted of or had a civil judgment rendered o against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or Has within a three-year period preceding this certification had one or more federal, state, o or local government contracts terminated for cause or default. The product offered by the Respondent will conform to the specifications without exception. The Respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the State. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the Response. The Respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondentpreparation of its bid. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10 MNAE ANUFACTURERS AME AND PPROVED QUIVALENTS catalog nu approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11 PQ ERFORMANCE UALIFICATIONS The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during a vendor, the agency shall consider all information or evidence which is gathered or comes to the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the Respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the Response or terminate the Contract. Respondent may be disqualified from receiving awards if Respondent, or anyone in Respondentily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, Respondent is not relieved from fulfilling all Contract requirements. 2.12 PO UBLIC PENING Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 2.13 EPNIA LECTRONIC OSTING OF OTICE OF NTENDED WARD Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.14 FR IRM ESPONSE The Buyer may make an award within sixty (60) days after the date of the opening, during which period Responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the Response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the Respondentwritten notice that the Responseis withdrawn. Any Responsethat expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.15 C/R LARIFICATIONSEVISIONS Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all Respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the Response. 2.16 MI/RR INOR RREGULARITIESIGHT TO EJECT The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve Response not submitted in the manner specified by the solicitation documents. 2.17 CF ONTRACT ORMATION The Buyer shall issue a notice of award, if any, to successful Respondent(s), however, no contract shall be formed between Respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective. 2.18 CO ONTRACT VERLAP Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.19 PR UBLIC ECORDS Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all Responses to a competitive solicitation are public records unless exempt by law. Any Respondent claiming that its Response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.20 P ROTESTS Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation:"Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proce 2.21 LVCADSP IMITATIONS ON ENDOR ONTACT WITH GENCY URING OLICITATION ERIOD Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Response. S3.0 ECTION SITR PECIAL NSTRUCTIONS O ESPONDENTS C: ONTENT 3.1 CP ONTACT ERSON 3.2 OP RDER OF RECEDENCE 3.3 D EFINITIONS 3.4 WMR HO AY ESPOND 3.5 MFMPSO YLORIDAARKETLACE OLICITATION VERVIEW 3.6 AASD MENDMENTS OR DDENDUMS TO THE OLICITATION OCUMENTS 3.7 EQ STIMATED UANTITIES 3.8 SR UBMITTAL OF ESPONSE 3.9 EC VALUATION RITERIA 3.10 BA ASIS FOR WARD 3.11 MPLDRS ANUFACTURERS RICE IST OCUMENTATION EQUIRED WITH OLICITATION 3.12 SO TATE BJECTIVES 3.13 L OBBYING 3.14 SA PECIAL CCOMMODATION 3.15 CSO OST AVINGS BJECTIVE 3.16 FCFPPL LORIDA LIMATE RIENDLY REFERRED RODUCTS IST 3.1 CP ONTACT ERSON The primary contact for this solicitation is: Mark Lovell Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850) 487-2304 Facsimile (850) 414-6122 Mark.Lovell@dms.myflorida.com Please Note: All solicitation related questions must be submitted through the MyFloridaMarketPlace Sourcing Tool Q&A Board. MyFloridaMarketPlace System questions may be answered in the solicitation document, Section 3.5. Any additional technical questions related to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or vendorhelp@myfloridamarketplace.com. 3.2OP RDER OF RECEDENCE Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. All Responses are subject to the requirements, specifications, terms, and conditions of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Section 1.0 Introduction Section 6.0 Technical Specifications Section 5.0 Special Contract Conditions Section 3.0 Special Instructions to Respondents Section 4.0 General Contract Conditions \[PUR 1000 (10/06)\] Section 2.0 General Instructions to Respondents \[PUR 1001 (10/06)\] Section 7.0 Forms & Price Sheets The Department objects to and shall not consider any additional terms or conditions submitted by a Response. In submitting its Response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the solicitation requirements, specifications, terms, and conditions, including those specifying information that must be submitted with a Response, shall be grounds for rejecting a Response. This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions. 3.3 D EFINITIONS The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a)lorida. (b)The Department" means the Florida Department of Management Services. (c)"Procurement Officer" means the Buyer's contracting personnel, as identified in Section 3.1., or as amended by the Department. (d)ested Retail Price. It represents the publicly listed, available, and verifiable by the Department. (e)-1.005, F.A.C. The following entities are eligible users: 1.All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; 2.Any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Department approval under section 287.042(2)(a) as an eligible user of the Contract. (f) and / or contractual services, which meet the requirements, specifications, terms, and conditions herein, to an Eligible User. (g)elieves itself capable and is in the business of providing a Commodity and / or service similar to those within the solicitation, and may or may not respond to the solicitation. (h)inal producer or provider of a Commodity and / or service. (i) or Distributor(s) Manufacturer to market, sell, provide, and / or service specific Commodities and / or services of the Manufacturer in the State of Florida. (j). (k) Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. 3.4 WMR HO AY ESPOND The Department will accept Responses from Body Armor Manufacturers, Dealers, and Distributors who are in good standing with the State of Florida, and that operate at least one distribution facility within the state. Respondents must maintain at least one factory-authorized service station and/or servicing dealer within the State of Florida to perform fittings, warranty repairs, and adjustments throughout the Contract Term, and will be required to maintain that capability throughout the Contract Term. By submitting a Response, each Respondent certifies that it satisfies all criteria specified in the solicitation documents. The Department may request, and the Respondent shall provide, supporting Failure to supply supporting information or documentation if information or documentation. requested, may result in the Response being deemed non-responsive. 3.5 MFMPSO YLORIDAARKETLACE OLICITATION VERVIEW The DResponses to solicitations electronically. 3.5.1 MyFloridaMarketPlace Vendor Registration Application Vendors must have a revised, current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at: https://vendor.myfloridamarketplace.com/. If you have not registered, or have requested a registration update, please be advised that a minimum of 48 hours will be required for access to the MyFloridaMarketPlaceSourcing Tool. Completion of this registration is mandatory for those Vendors who wish to submit a Response. 3.5.2 MyFloridaMarketPlace Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool at: Optional training on how to respond to this https://sourcing.myfloridamarketplace.com/. solicitation electronically is offered at: http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm. For all technical questions about the Sourcing Tool, Vendors should contact the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or: vendorhelp@myfloridamarketplace.com. For additional information or assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at the following link: http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm. This site includes: a.Solicitation User Guides b.On Demand web-based Sourcing training link c.WinZip FAQs d.Vendor FAQs 3.5.3 MyFloridaMarketPlace Sourcing Tool Tips When working in the MyFloridaMarketPlace Sourcing tool, be aware of the twenty (20) minute time-out function in the tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the MyFloridaMarketPlace Sourcing Tool only The SAVE button does not transmit your solicitation saves your solicitation Responses. Response to the State. In order to transmit your solicitation Response to the State, you must click the SUBMIT button on the SUMMARY page of the solicitation Response. Response within the MyFloridaMarketPlace Sourcing Tool to verify that the Response is accurately and completely captured within the MyFloridaMarketPlace Sourcing Tool. Respondents must do this while there is sufficient time remaining in the Solicitation period in the event you discover an error and need to resubmit a revised Response. To validate your Response, you should do the following before the Solicitation period ends: Response MyFloridaMarketPlace Sourcing Tool after you submitted your Response. Click on the Response ID number of your last submitted Response. Review entire Response to make sure all Responses are complete, accurate, and as you intended to submit. Minimum areas to check are: Text boxes Is your entire answer viewable? Yes/No questions Is the displayed answer correct? All uploaded document files Can you open attached document(s) and clearly view entire content? Does the content of the file(s) match your intended Response within the MyFloridaMarketPlace Sourcing Tool (e.g., not an earlier version, incomplete copy, or working copy)? Pricing and Other Information Are all prices and other information you intended to submit visible and accurately captured within the MyFloridaMarketPlace Sourcing Tool? Required Items - Are all items listed on the solicitation completed as required within the MyFloridaMarketPlace Sourcing Tool? REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The Response deadline(s) shall be as reflected in Section 1.2, remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. IT IS STRONGLY RECOMMENDED TO SUBMIT YOUR RESPONSE AS EARLY AS POSSIBLE. YOU SHOULD ALLOW TIME TO RECEIVE ANY REQUESTED ASSISTANCE AND TO RECEIVE VERIFICATION OF YOUR SUBMITTAL; WAITING UNTIL THE LAST HOURS OF THE SOLICITATION COULD IMPACT THE TIMELY SUBMITTAL OF YOUR RESPONSE. 3.5.4 MyFloridaMarketPlace and Vendor Bid System Email Notification courtesy. The State of Florida is not under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the posting, Addendum, Amendment or close of Vendors are responsible for checking the MyFloridaMarketPlace Sourcing Tool solicitations. and the Vendor Bid System for information and updates concerning solicitations. 3.6 AASD MENDMENTS OR DDENDUMS TO THE OLICITATION OCUMENTS The Department reserves the right to issue Amendments or Addendums to the solicitation. Notice of any Amendment or Addendum will be posted within the MyFloridaMarketPlace Sourcing Tool and / or the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and reviewing the formal notices and / or changes to the solicitation. Each Vendor is responsible for monitoring the MyFloridaMarketPlace Sourcing Tool, and the Vendor Bid System sites for new or changing information concerning the solicitation. 3.7 EQ STIMATED UANTITIES To assist Respondents in the solicitation process, average estimated annual historical spend information is provided. Spend information is based on historic data. This figure shall not be construed as a commitment. Estimated Annual Spend: $3.3 Million ($3.3M USD) The above figure reflects estimated annual spend generated by Eligible Users of past contracts for similar Commodities and or contractual services and is not a commitment. Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be provided by the Department in the solicitation documents. The figures provided are to assist Respondents in the solicitation process and / or to assist the Department in evaluating, measuring, and / or scoring Responses to the solicitation and shall not be construed as commitments. 3.8 SR UBMITTAL OF ESPONSE 3.8.1 Submittal of Bid Respondents will submit their offers via the MyFloridaMarketPlace Sourcing Tool (https://sourcing.myfloridamarketplace.com/). The Response shall include all appropriate pricing, discounts, documents, forms, files, question Responses, and information Responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing, discounts, documents, forms, files, question Responses, and information Responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. If no indication for submission is provided for required or requested documents or files, or if instructions to mail a specific document, form, or file are provided, then those specific documents, forms, or files only shall be mailed to the attention of the Contact Person in Section 3.1 of the solicitation. For this solicitation, a bidder response CD containing all files and documents required must be received at the Department by the date and time indicated in Section 1.2, Timeline. This CD must include the MS Excel price sheets (reference ITB Section 7.9), along with the MS Word forms identified as Sections 7.1 through 7.7. clearly state The outer packaging of mailed documents shall : Solicitation Title and Number and Failure the ITB Response Due Date and Time from the Timeline in Section 1.2 of the solicitation. to provide all required information within the solicitation Response may result in rejection of the Response. In the event the Respondent submits more than one Response in the MyFloridaMarketPlace Sourcing Tool, only the last Response received by the system shall be considered for award. Previous Responses will not be visible to the State of Florida. Responses (other than document, file, or form submissions indicated by the solicitation to be mailed) not submitted within the MyFloridaMarketPlace Sourcing Tool shall be rejected. The system will require Respondents to review the Solicitation Preparation Checklist (Section 7.8) and confirm that they have completed all required activities before receiving the offer. The Solicitation Preparation Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of the solicitation are included with the solicitation Response. The Solicitation Preparation Checklist does not have to be provided with the Response. Each Respondent is responsible for ensuring that their offer is accurately and completely submitted before the Solicitation Responses Due Date and Time noted on the Timeline in Section 1.2 of the solicitation. The Department shall not consider late offers and the System will NOT accept offers The Response after the Solicitation Responses Due Date and Time specified in the Timeline. must be accurate, complete, and submitted in the MyFloridaMarketPlace Sourcing Tool, or as otherwise provided in the solicitation documents, by the date and time specified on the Timeline or the Response may be deemed non-responsive . 3.8.2 Ordering Instructions and Authorized Servicing Dealers Forms Respondent shall submit a completed Ordering Instructions form (Section 7.1) that identifies persons responsible for answering questions about the Response, and administering the Contract, if awarded, and shall provide information necessary for placing orders under the Contract, if awarded. In addition, an Authorized Servicing Dealer form (Section 7.2) must be submitted listing one or more in state representatives. If the Respondent is located in the State of Florida, then the Respondent may be listed as an in state representative. Both these forms must be submitted in the MyFloridaMarketPlace Sourcing Tool, and also be mailed to the attention of the Contact Person in Failure to provide these forms by the date and time specified in Section 3.1 of the solicitation. Section 1.2, Timeline, may result in the Response being deemed non-responsive. 3.8.3 Savings/Price Reduction Form Respondent shall submit a completed Savings/Price Reduction form (Section 7.3) with their Response a method for the Department to verify the savings information provided. The form must be submitted in the MyFloridaMarketPlace Sourcing Tool, and also be mailed to the attention of the Failure to provide this form by the date and Contact Person in Section 3.1 of the solicitation. time specified in Section 1.2, Timeline, may result in the Response being deemed non- responsive. 3.8.4 Certification of Drug Free Workplace Form Respondent shall submit a completed Certification of Drug Free Workplace Form (Section 7.4) with their Response, certifying that the Respondent has a drug free workplace program. The form must be submitted in the MyFloridaMarketPlace Sourcing Tool, and also be mailed to the attention Failure to provide this form by the date of the Contact Person in Section 3.1 of the solicitation. and time specified in Section 1.2, Timeline, may result in the Response being deemed non- responsive. 3.8.5 Price List Certificate Respondents shall submit Price List Certificate form (Section 7.5) for offered on the Price Sheets. This certification must also be executed form must be executed by the Manufacturer only, and may not be completed by a Dealer or third- party. This form must be executed for each Manufacturer, and must be submitted with the Response in the MyFloridaMarketPlace Sourcing Tool, and also be mailed to the attention Failure to provide this form by the date of the Contact Person in Section 3.1 of the solicitation. and time specified in Section 1.2, Timeline, may result in the Response being deemed non- responsive. 3.8.6 ion of Authorized Dealer/Distributor Respondent shall submit one current of Authorized Dealer/Distributor form (Section 7.6), certifying that the Respondent is the Manufacturer, or an Authorized Dealer/Distributor Brand offered as part of the Response. This certification must also be executed by the Manufacturer when offering its own products. By Respondent agrees to maintain proper certification by the Manufacturer of the goods it offers for sale under this solicitation throughout the Contract Term. fication form must be executed by the Manufacturer only and may not be completed by a Dealer or third-party. Dealer agreements will not be accepted This form must be executed for each Manufacturerffered, and must be submitted with the Response in the MyFloridaMarketPlace Sourcing Tool, and also be mailed to the attention of the Contact Person in Failure to provide this form by the date and time specified in Section 3.1 of the solicitation. Section 1.2, Timeline, may result in the Response being deemed non-responsive. 3.8.7 Quarterly Sales Summary Reports A Quarterly Sales Summary Report form is provided (Section 7.7) for reference purposes, and is not required to be submitted as part of a solicitation Response. This form will be used to supply sales reports during the contract term, as described in Section 5.13 of this solicitation. 3.8.8 Bid Preparation Checklist A Bid Preparation Checklist form is provided (Section 7.8) for reference purposes, and is not required to be submitted as part of a solicitation Response. The Bid Preparation Checklist is a guide to assist the Respondent in verifying the completeness of the Response. The Bid Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their Response. 3.8.9 Price Sheets Price Sheets for submittal of pricing are provided in the form of an attachment in the MyFloridaMarketPlace Sourcing Tool. The Price Sheets containing the Failure to shall be submitted in the MyFloridaMarketPlace Sourcing Tool. provide this form by the date and time specified in Section 1.2, Timeline, shall result in the Response being deemed non-responsive. 3.8.10 Alternate Responses Respondent may not submit more than one offer for each ManufacturerBrand provided in their Response-best Response by Manufacturer Brand offered. 3.9 EC VALUATION RITERIA The Department shall evaluate eligible responsive offers. Responses that do not meet all requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of aContract may be rejected as non-responsible. The Department reserves the right to determine which Responses meet the requirements, specification, terms, and conditions of the solicitation, and which Respondents are responsive and responsible. 3.10 BA ASIS FOR WARD The Department intends to make a statewide award to one responsive Respondent for each manufacturer or brand name. The award will be based on the highest percentage discount offered from the current Body Armor products and accessories available in the Body Armor products available in the Respondent structures, the discount for each pricing category available in the Respondent must be clearly identified, the spreadsheet tab(s). The average of the discounts offered will be used to determine the award discount percentage for that manufacturer or brand name. The award will be made statewide to the one responsive Respondent that offers the highest average percent discount for the given . The Department reserves the right to accept or reject any and all bids, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State of Florida. 3.11 MPLDRS ANUFACTURERS RICE IST OCUMENTATION EQUIRED WITH OLICITATION For each Manufacturer or Brand Name of Body Armor products a Respondent offers on the solicitation price sheets, the Respondent shall enter issue. rice lists must be supplied for every Manufacturer or Brand Name of Body Armor products offered. or earlier (.pdf) electronic format. Each CD must be clearly marked on its exterior to identify its contents. It is the Respondents responsibility to ensure that the documents and discs are applicable, complete, and readable. Non-compliant or non-readable documents and discs will be rejected, and the response shall be deemed non-responsive The Department in its sole discretion will determine which items within a catalog are acceptable and appropriate for the contract resulting from this bid. Any product additions or deletions from these items during the term of the contract shall be done in accordance with the contract Special Conditions. Price Lists shall be mailed to the Department per Section 3.8.1 of the solicitation. Failure to provide complete Price Lists by the date and time specified in Section 1.2, Timeline, may result in the Respondent being deemed non- responsive. 3.12 SO TATE BJECTIVES Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent shall e (5) objectives listed below, to the extent applicable to the items / services covered by this solicitation. 3.12.1 Diversity The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915. The State is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the -Contractors in this solicitation. Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/. Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents or Sub-Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other Eligible User) level. 3.12.2 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The of products and materials with recycled content. The Respondent shall also provide a plan for reducing and or handling of any hazardous waste generated by Respondent company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3.12.3 Certification of Drug-Free Workplace Program Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie Responses are received, preference shall be given to a Response received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that it has a drug-free workplace pro- included in Section 7.0 of this solicitation. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. 3.12.4 Products Available from the Blind or Other Handicapped (RESPECT) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit Department are concerned. Additional information about the designated nonprofit Department and the products it offers is available at http://www.respectofflorida.org. The Contractor shall describe how it will address the use of RESPECT in offering the items in this solicitation. 3.12.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. The Contractor shall describe how it will address the use of PRIDE in offering the items in the solicitation. 3.13 L OBBYING Please reference Section 2.21, Limitation on Vendor Contact with Agency during Solicitation Period. Respondents are advised that the following will be included in the Contract for these services: In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. 3.14 SA PECIAL CCOMMODATION Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5) business days prior to the bid opening. If you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service at (800) 955-8771 (TTY). 3.15 CSO OST AVINGS BJECTIVE Chapter 2010-151, Laws of Florida, Section 47, provides the following: Each state agency, as defined in s. 216.011, Florida Statutes, shall review existing contract renewals and reprocurements with private providers and public-private providers in an effort to reduce contract payments by at least 3 percent. It is the statewide goal to achieve substantial savings; however, it is the intent of the Legislature that the level and quality of services not be affected. Each agency shall renegotiate and reprocure contracts consistent with this section. Any savings that accrue through renegotiating the renewal or reprocurement of an existing contract shall be placed in reserve by the Executive Office of the Governor. In order to achieve this objective, the Department seeks to achieve a cost savings of at least 3 percent commodities. Current and previous contract can be accessed through the Division of State http://dms.myflorida.com/business_operations/state_purchasing. 3.16 FCFPPL LORIDA LIMATE RIENDLY REFERRED RODUCT IST In addition to ENERGY STAR compliance, Respondents are encouraged to offer products that meet the Florida approved green product labels/standards. Under the leadership of Florida Governor Charlie Crist, the Department of Management Services (DMS) encourages the purchase of environmentally preferable products (EPPs) by Florida governmental entities where possible. Upon award, Contractors will be encouraged to submit a list of their qualifying products for review and posting to the Florida Climate Friendly Preferred Products List. The current list can be viewed at the following DMS website link: http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_a greements_and_price_lists/florida_climate_friendly_products_list The Florida Climate Friendly Preferred Products List includes state contract approved products that have received one or more of the following certifications, labels, and standards: California Energy Commission (CEC) Appliance Efficiency Regulations California Environmentally Preferred Products Guide California State Agency Buy Recycled Program (SABRC) Electronic Product Environmental Assessment Tool (EPEAT) Energy Star EPA Comprehensive Procurement Guidelines (CPG) EPA SmartWay and SmartWay Elite EPA WaterSense Forest Stewardship Council (FSC) Green Seal Greenguard MDBC's Cradle to Cradle Silver Certification (orhigher) Minnesota Green Guardian EPP Guide NEMA Premium RoHS SCS (Scientific Cert. Sys.) / NSF International Terra Choice / Ecologo US Federal Energy Management Program (FEMP) USDA Organic Label S4.0 ECTION GCC\[PUR1000(R10/06)\] ENERAL ONTRACT ONDITIONS EV C : ONTENTS 4.1 D EFINITIONS 4.2 PO URCHASE RDERS 4.3 PV RODUCT ERSION 4.4 PCATC RICE HANGES PPLICABLE ONLY TO ERM ONTRACTS 4.5 AQ DDITIONAL UANTITIES 4.6 P ACKAGING 4.7 ICS NSPECTION AT ONTRACTORS ITE 4.8 SS AFETY TANDARDS 4.9 ADA MERICANS WITH ISABILITIES CT 4.10 L ITERATURE 4.11 TD RANSPORTATION AND ELIVERY 4.12 I NSTALLATION 4.13 RL ISK OF OSS 4.14 TF RANSACTION EE 4.15 IP NVOICING AND AYMENT 4.16 T AXES 4.17 GR OVERNMENTAL ESTRICTIONS 4.18 LI OBBYING AND NTEGRITY 4.19 I NDEMNIFICATION 4.20 LL IMITATION OF IABILITY 4.21 SW USPENSION OF ORK 4.22 TC ERMINATION FOR ONVENIENCE 4.23 TC ERMINATION FOR AUSE 4.24 FM,ND,NDD ORCE AJEURE OTICE OF ELAY AND O AMAGES FOR ELAY 4.25 C HANGES 4.26 R ENEWAL 4.27 POD URCHASE RDER URATION 4.28 A DVERTISING 4.29 A SSIGNMENT 4.30 AA NTITRUST SSIGNMENT 4.31 DR ISPUTE ESOLUTION 4.32 E,S,A MPLOYEES UBCONTRACTORS AND GENTS 4.33 SC ECURITY AND ONFIDENTIALITY 4.34 CE,S,A ONTRACTOR MPLOYEES UBCONTRACTORS AND OTHER GENTS 4.35 IR NSURANCE EQUIREMENTS 4.36 WA ARRANTY OF UTHORITY 4.37 WAP ARRANTY OF BILITY TO ERFORM 4.38 N OTICES 4.39 LIP EASES AND NSTALLMENT URCHASES 4.40 PRIDEI.,(PRIDE) RISON EHABILITATIVE NDUSTRIES AND IVERSIFIED NTERPRISES NC 4.41 PABOH RODUCTS VAILABLE FROM THE LIND AND THER ANDICAPPED 4.42 MT ODIFICATION OF ERMS 4.43 CP OOPERATIVE URCHASING 4.44 W AIVER 4.45 AA NNUAL PPROPRIATIONS 4.46 EC XECUTION IN OUNTERPARTS 4.47 S EVERABILITY 4.1 D EFINITIONS The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a)the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under 1001 if it meets the definition of both terms. (c) technology or software. (d) nder the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 4.2 PO URCHASE RDERS In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the n favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3 PV RODUCT ERSION Purchase orders shall be deemed to reference a manufactu of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4.4 PCATC RICE HANGES PPLICABLE ONLY TO ERM ONTRACTS If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade- in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond th marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5 AQ DDITIONAL UANTITIES For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the Response to the solicitation. 4.6 P ACKAGING Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and 4.7 ICS NSPECTION AT ONTRACTORS ITE The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8 SS AFETY TANDARDS All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.9 ADA MERICANS WITH ISABILITIES CT Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.10 L ITERATURE Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.11 TD RANSPORTATION AND ELIVERY Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.12 I NSTALLATION Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.13 RL ISK OF OSS Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: reco of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14 TF RANSACTION EE The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System da Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contract specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 4.15 IP NVOICING AND AYMENT Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms EDI 810, cXML, or web-based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is n payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.16 T AXES The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17 GR OVERNMENTAL ESTRICTIONS If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.18 LI OBBYING AND NTEGRITY Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or e any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts Contractor shall provide any type of information the Inspector General deems relevant to the may include, but shall not be limited to, the relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized is or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall debarment. 4.19 I NDEMNIFICATION The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a order. If any subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. contingent upon the State or Customer giving the Contractor (1) written notice of any action or shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in withheld. 4.20 LL IMITATION OF IABILITY For all claims against the Contractor under any contract or purchase order, and regardless of the basis damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21 SW USPENSION OF ORK The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 4.22 TC ERMINATION FOR ONVENIENCE The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.23 TC ERMINATION FOR AUSE The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.27 POD URCHASE RDER URATION Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor Contractor is obliged to fill tho Purchase orders received by the contractor after close of business on the last day of the state term or Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 4.28 A DVERTISING Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the Sta Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 A SSIGNMENT The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 4.30 AA NTITRUST SSIGNMENT The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 4.31 DR ISPUTE ESOLUTION Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. Th Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 4.32 E,S,A MPLOYEES UBCONTRACTORS AND GENTS All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non- security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for or agents. 4.33 SC ECURITY AND ONFIDENTIALITY The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 4.34 CE,S,A ONTRACTOR MPLOYEES UBCONTRACTORS AND OTHER GENTS The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.35 IR NSURANCE EQUIREMENTS During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.36 WA ARRANTY OF UTHORITY Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.37 WAP ARRANTY OF BILITY TO ERFORM The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, he Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 4.38 N OTICES All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.39 LIP EASES AND NSTALLMENT URCHASES Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4.40 PRIDE,I.(PRIDE) RISON EHABILITATIVE NDUSTRIES AND IVERSIFIED NTERPRISES NC Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 4.41 PABOH RODUCTS VAILABLE FROM THE LIND AND THER ANDICAPPED Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 4.42 MT ODIFICATION OF ERMS The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard pr forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 4.43 CP OOPERATIVE URCHASING Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 4.44 W AIVER The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 4.45 AA NNUAL PPROPRIATIONS appropriation by the Legislature. 4.46 EC XECUTION IN OUNTERPARTS The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.47 S EVERABILITY If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. S5.0 ECTION SCC PECIAL ONTRACT ONDITIONS C ONTENTS 5.1 D EFINITIONS 5.2 PA ERIOD OF GREEMENT 5.3 CD ATALOG ATA 5.4 CHP ONTRACT OME AGE 5.5 PA/D RODUCT DDITIONSELETIONS 5.6 CL OMPLIANCE WITH AWS 5.7 PPA RICE AND RODUCT DJUSTMENT 5.8 TFR RANSACTION EE EPORTS 5.9 SR ERVICE EQUIREMENTS 5.10 DMO ELIVERY AND INIMUM RDERS 5.11 OFR% RDER ILL ATE 5.12 PC URCHASING ARD 5.13 SSR ALES UMMARY EPORTS 5.14 BRM USINESS EVIEW EETINGS 5.15 CL OMPLIANCE WITH AWS 5.16 LI OBBYING AND NTEGRITY 5.17 IP NTELLECTUAL ROPERTY 5.18 PPC REFERRED RICING OMPLIANCE 5.1D EFINITIONS The definitions referenced, and contained, in Sections 2.1, 3.3, and 4.1 of this document, shall apply to this Section. 5.2PA ERIOD OF GREEMENT This agreement shall be in effect from the start date of the Contract for an initial period of thirty six (36) months, with options to renew for three (3) additional twelve (12) month periods, or one thirty-six (36) month period. Renewal is contingent upon satisfactory performance by the Contractor, and subject to approval of the Director of State Purchasing. 5.3CD ATALOG ATA d-party service provider is responsible for converting Contract catalog information into a format supported by the System. To accomplish this conversion, the Contractor shall provide certain information in electronic format directly to the Service Provider (This format is generally Microsoft ). Within ten (10) days of written notice from the Service Provider, Contractor shall provide all information necessary to facilitate electronic purchases from this Contract for up to 3000 of the highest sales volume line items as determined by the contractors experience in selling to governmental entities in Florida. Such information may include, but is not limited to, Contractor name, brand/manufacturer, SKU, product name and brief description, unit of measure, and price. Contractor shall provide this information in the format required by the Service Provider. No costs or expenses associated with providing this information shall be charged to the Department, Eligible Users, or Service Provider. With the CoProvider shall create and maintain web-based placement of the requested Contract information. A copy of this electronic format data shall be sent to the Contract Administrator, at the same time that it is sent to the third-party service provider, in order to allow pricing information to be displayed in the State Term Contract Website. This data is required from all contractors, including those with punchout websites in MFMP. 5.4CHP ONTRACT OME AGE Each Contract Vendor may develop and maintain a State Contract Web Page on the Internet to enable MyFloridaMarketPlace. State Contract Web Site must have the following requirements: State-specific current contract pricing Detailed item descriptions; pictures if appropriate Indicators of recycled product and minority manufactured product, when possible Robust search engine capabilities Additional links or information may be placed on the screen to access additional product - Universal Resource Locator (URL) for the Internet Page will be supplied to the Department for review and approval of the website. A link to the State Contract Website will not be made prior to the written approval of the website Any deviation from the approved website during the term of the contract, without prior written approval by the Department, shall be grounds for removal of the link from the State Contract Website The State reserves the right to permit alternate website configurations to facilitate ease of use by contract customers Failure to follow the above specifications as required in this section will be grounds for the link being broken from the State Contract and may be grounds for default proceedings and/or contract termination. 5.5 PA/D RODUCT DDITIONSELETIONS No changes to the price list/catalog are permitted without the written approval of the Contract Administrator. The Department may, in its sole discretion, reject any requested change, and/or direct a Contractor to undo any change already made. Any proposed product additions offered shall satisfy all criteria specified in the solicitation documents and the terms of the Contact, and shall be limited to the product categories listed on the solicitation price sheets, and will only be considered when a manufacturer publishes a new price sheet that is submitted by the contractor in accordance with Section 5.7, Price and Product Adjustment. 5.6CL OMPLIANCE WITH AWS The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital Violation of such laws shall be grounds for Contract termination. 5.7PPA RICE AND RODUCT DJUSTMENT revision of pricing or products shall Any request for be submitted to The Department with the State reserving the right to accept or reject the request, or cancel the contract. Product additions or deletions shall be limited to only those manufacturer and brand name products awarded to the contractor making Any price or product adjustments shall not become effective until approved in the request. writing by State Purchasing. Price or products adjustment requests will be considered once a year on each anniversary of the contract start date, and must be submitted to State Purchasing 60 days before the contract anniversary. The amount of a requested price increase shall not exceed the percent change of the manufacturerprice list. In addition, the percent change in the specified Producer Price Index (PPI) will be considered by the Department in its decision to accept or reject a requested price increase. Equitable Adjustment \[Section 4.4 (e)\] may be considered if all the specified conditions are met. The PPI used for Body Armor products will be Other Industrial Safety Equipment (WPU 1571). The contractor may decrease prices at anytime, but must notify the Department when it intends to make the decrease effective. 5.8TFR RANSACTION EE EPORTS The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at feeprocessing@myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 5.9SR ERVICE EQUIREMENTS Contractor shall provide the contract products to all Eligible Users of this Contract throughout the State of Florida. All products offered under this Contract shall be new and unused and in current production. Contractor is expected to provide reasonable levels of customer service including customer and technical support and training where applicable and requested. Customer complaints related to service and support will be monitored; repeated failure to satisfy customer service requirements may be cause for default proceedings and/or contract termination. 5.10DMO ELIVERY AND INIMUM RDERS Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays, and if the delay is unacceptable, the Customer may cancel the order. Evidence of inability to deliver or intentional delays may be cause for default proceedings and/or NOTE: termination. Orders of less than $25 will not be processed. This provision shall not be used by an agency to circumvent the intent of the contract. 5.11OFR% RDER ILL ATE Order Fill rates will be maintained at 95% or greater. Order Fill rate is number of items on an order filled completely as ordered, to the total number of items of the Failure to meet this requirement may be cause for default proceedings and/or termination. 5.12PC URCHASING ARD The State of Florida and numerous Eligible Users have adopted and implemented various Purchasing Card programs using different universal card formats (e.g., American Express, MasterCard, and Visa). universal card format Purchasing Cards, including American Express, MasterCard, and Visa, during Eligible Users by universal card format Purchasing Cards in the same manner as other credit / debit card purchases. Universal card format Purchasing Cards (e.g., American Express, MasterCard, and Visa) acceptance is mandatory, but is not the exclusive method of payment (e.g., Purchase Order). The method of ordering and payment (e.g., Purchase Order, Purchasing Card) shall be selected by the Eligible User. Purchasing Card payment. Contractors and Manufactur charge a fee for accepting a Purchasing Card payment. Surcharges or convenience fees are prohibited. On- or their re re- with card account information at each Purchasing Card transaction. 5.13SSR ALES UMMARY EPORTS The following data must be reported to the Department on a calendar quarterly basis using the form titled Quarterly State Term Contract Sales Summary Report that is located in Section 7.8 of this document. The report shall include: Reporting Period Total dollar value of purchases per quarter separated by State Agency and Eligible User totals Listing total dollar value of Environmentally Preferred Products sales and contract sales through Certified Minority Business Enterprises. In a separate more detailed accounting, and upon request by the Contract Administrator, a line item annual report must be supplied that includes the following information: Total purchases for the specified period that includes columns for the following information: (if applicable), unit of measure, quantity, manufacturer list price, percentage discount taken and final purchase price. Failure to provide quarterly reports, including no sales, within thirty (30) calendar days following the end of each quarter, or annual by the Contract Administrator, may result in default proceedings and/or termination of the contract. Upon request by the Contract Administrator, the Contractor shall report to the Department the amount of spend with certified and other minority business enterprises. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. Initiation and submission of the Contract Sales Summary Reports are to be the responsibility of the Contractor without prompting or notification by the Contract Administrator. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Administrator. The Department shall distribute, in electronic format, the forms to be used by the awarded Contractor upon Contract signature. 5.14BRM USINESS EVIEW EETINGS In order to maintain the partnership between the Department and the Contractor, the Department may request Business Review meetings each quarter at the State Purchasing office. The business review meeting may involve, but not be limited to, the following: Review of Contractor performance Review of minimum required reports Review of continuous improvement plans The Department encourages Contractors to identify opportunities to generate lower costs. A continuous improvement effort, consisting of various ideas to enhance business efficiencies, may be discussed at the Business Review meetings or as identified. 5.15CL OMPLIANCE WITH AWS The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or 5.16LI OBBYING AND NTEGRITY Please note that there has been an update to the Florida Department of State website link given in Section 4.18 of this solicitation regarding General Records Schedules. The revised URL is: http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedules.cfm . 5.17IP NTELLECTUAL ROPERTY The parties do not anticipate that any Intellectual Property will be developed or created as a result of the Contract. However, in such case as it is developed or created, any Intellectual Property developed or created as a result of the Contract will belong to and be the sole property of the State of Florida. This provision will survive the termination or expiration of the Contract. 5.18PPC REFERRED RICING OMPLIANCE In accordance with Chapter 2010-151, Laws of Florida, Section 48(2), the Contractor is required to submit, at least once during each year of the Contract, an Affidavit from an authorized representative of the Contractor attesting that the Contract is in compliance with Section 4.4(b), Best Pricing Offer. The Department shall distribute the Affidavit form to be used by the Contractor upon Contract Formation, General Instructions to Respondents (PUR 1001), Section 2.17. S6.0 ECTION TS ECHNICAL PECIFICATIONS C: ONTENTS 6.1 AD DDITIONAL EFINITIONS 6.2 SC COPE AND LASSIFICATION 6.3 AP PPLICABLE UBLICATIONS 6.4 SP TANDARD RODUCTS 6.5 W ORKMANSHIP 6.6 BN RAND AMES 6.7 PD REPARATION FOR ELIVERY 6.8 SI AMPLING AND NSPECTION 6.9 W ARRANTY 6.10 FSR ACTORY ERVICE EQUIREMENT 6.11 PI RODUCT NFORMATION 6.1AD DDITIONAL EFINITIONS The following definitions apply to this Section of the document, and supplement those contained elsewhere in this solicitation. (a) refining products included in this specification. (b) he Manufacturer to sell or promote (c) NIJ .06 Standard (Body Armor)refers to Body Armor tested and approved for U.S. sales by the U.S. Department of Justice/National Institute of Justice. Additional information on this agency and NIJ .06 Body Armor Standards can be located at http://www.ojp.usdoj.gov/nij and http://www.justnet.org. (c) t that maintains a relationship with the Manufacturer, and promotes, sells, installs, and maintains products for the Manufacturer. 6.2SC COPE AND LASSIFICATION This specification covers tactical Body Armor products and accessories identified by the National Respondents may also submit Stab Resistant Body Armor products and prices for potential award that meet the most recent NIJ standards. Commodity Numbers: Applicable commodity numbers and descriptions are listed below: Commodity Number Description 680-850 Vests, Armored. Police Protection The specification does not include all varieties of Body Armor products which are commercially available, but is intended to cover only those generally used by the State of Florida. (e.g., NIJ .06 Standard tactical vests and NIJ-approved stab-resistant products) This specification is general in detail of construction and materials used, as it is recognized that there is a variation in the manufacturing process by manufacturers who produce acceptable products. Body Armor products shall conform in quality, design and construction with all published claims of the manufacturer and the requirements of this specification. 6.3AP PPLICABLE UBLICATIONS Products must conform to the requirements of the latest issue of these publications ineffect at the date of ITB issuance. These publications are available on the Internet at http://www.justnet.org/Pages/Topic.aspx?opentopic=10&topic=10. Ballistic Resistance of Body Armor, NIJ Standard-0101.06, July 2008 Abstract PDF NIJ Standard 0115.00, Stab Resistance of Personal Body Armor, September 2000 Abstract PDF 6.4SP TANDARD RODUCTS Body Armor products and their component parts covered by this specification shall be standard products of the manufacturer or his/her suppliers. Items furnished shall be new and unused and shall be current year models except for changes necessary to comply with specification requirements. All accessories and components normally furnished with the standard product offered commercially shall be furnished with each Body Armor product. 6.5W ORKMANSHIP All Body Armor products shall be clean and free from any defects or features affecting appearance, serviceability or safety of the user in normal intended use. 6.6BN RAND AMES The product and price sheets that are attached to this solicitation (Section 7.9) are used to evaluate responses to this solicitation for potential award. Respondents shall download this ld be renamed to identify the Body Armor product line being offered. If your submission includes only one brand name, and all products are offered at the same discount from MSRP, then only one tab will be necessary. If you are submitting responses for more than one manufacturer or brand name, or if there are differing MSRP discounts for a group of products, then the tabs should be renamed to separate the different manufacturers or product lines offered. 6.7PD REPARATION FOR ELIVERY All products shall be packed to ensure safe delivery to destination at lowest rates. Packaging shall comply with the requirements of Section 403.7191 of the Florida Statutes. Each container shall be marked to include a description of the product, the name of the Contractor, the number, and purchase order numbers. 6.8 SI AMPLING AND NSPECTION Samples of delivered products may be selected at random by the Department or Customer, and tested for compliance with these specifications. Failure to comply with the specifications shall be grounds for default proceedings and/or Contract termination. 6.9W ARRANTY warranty against defective material and workmanship. Failure by any Contractor, as an authorized representative of the Manufacturer, to render proper warranty service/adjustments shall be considered a breach of this Contract. Warranty shall cover all labor and component parts of the products and any other costs which may be included. 6.10FSR ACTORY ERVICE EQUIREMENT Contractor shall maintain at least one factory-authorized service station and/or servicing dealer within Florida to perform warranty repairs and adjustments throughout the Contract term. Contractor shall maintain the Servicing Dealer List submitted with the bid throughout the Contract term, and shall promptly notify the Department of any changes thereto; however, changes to the Servicing Dealer List shall not be Contract amendments. This arrangement does not relieve the Contractor of its duty to maintain at least one authorized service location within Florida. The Contractor may offer the warranty expires. If accepted by the Customer in writing, this additional service shall be listed as a separate item on the Purchase Order and the invoice. 6.11PI RODUCT NFORMATION Requests by Customers for product literature, specifications, and technical information must be provided within five (5) working days after receipt of written request, at no charge to Customers. S7.0 ECTION FPS ORMS AND RICE HEETS C ONTENTS 7.1 OI RDERING NSTRUCTIONS 7.2 ASDL UTHORIZED ERVICING EALER IST 7.3 S/PR AVINGSRICE EDUCTIONS 7.4 CDFWP ERTIFICATION OF RUG REE ORKPLACE ROGRAM 7.5 MPLC ANUFACTURERS RICE IST ERTIFICATE 7.6 MCAD/D ANUFACTURERS ERTIFICATION OF UTHORIZED EALERISTRIBUTOR 7.7 QSTCSSR UARTERLY TATE ERM ONTRACT ALES UMMARY EPORT 7.8 BPC ID REPARATION HECKLIST 7.9 PS(E ARSD) RICE HEETS XCEL TTACHMENT EQUIRING EPARATE OWNLOAD 7.1 OI RDERING NSTRUCTIONS RI: ESPONDENT NFORMATION Respondent (Company) Name: Respondent FEID Number: Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: PRAC: ERSON ESPONSIBLE FOR DMINISTERING ONTRACT Name: Title: Street Address: E-mail Address: Phone Number(s): Emergency Number(s): Fax Number: ORI: RDERING AND EMITTANCE NFORMATION Please provide the following information about where Customers should direct orders. You must provide a regular mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address. Please enter Respondent Name: Street Address or P.O. Box: City, State, Zip: Ordering Fax Number: Internet Address: FEID Number: Remit Address: City, State, Zip: NOTE: Duplicate as necessary for multiple ordering locations. 7.2 ASDL UTHORIZED ERVICING EALER IST LIST BELOW ONE OR MORE IN-STATE REPRESENTATIVES, INCLUDING MAILING ADDRESSES AND TELEPHONE NUMBERS. NAME ADDRESS & PHONE NO. VENDOR NAME: PUR 7078 (04/96) 7.3 S/PR AVINGSRICE EDUCTIONS Body Armor ITB No. 14-680-850-O The Respondent is required to furnish the percent (%) savings in prices offered compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this bid. RESPONDENT NAME: DATE: % SAVINGS OFF MSRP Add more rows if needed. HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at \[URL\], or other source of benchmark prices)? AUTHORIZED SIGNATURE: TELEPHONE NUMBER: BIDDER/RESPONDENT NAME: IF CONTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST: PUR 7064 (Rev. 2/04) 7.4 CDFWP ERTIFICATION OF RUG REE ORKPLACE ROGRAM Section 287.087 of the Florida Statutes provides that, where identical tie bids are received, preference shall be given to a bid received from a bidder that certifies it has implemented a drug-free workforce program. Please sign below and return this form to certify that your business has a drug-free workplace program. 1) Publish 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) Inform 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) Give 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), notify the employees, 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 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) Impose a sanction on, or require 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) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. False statements are punishable at law. COMPANY NAME: By: Authorized Signature Print Name and Title Date 7.5 MPLC ANUFACTURERS RICE IST ERTIFICATE THIS MUST BE EXECUTED BY THE MANUFACTURER. DEALERS AND/OR REPRESENTATIVES ARE NOT AUTHORIZED TO SIGN THIS CERTIFICATION FORM ON BEHALF OF THE MANUFACTURER. THIS CERTIFICATION MUST BE EXECUTED BY THE MANUFACTURER EVEN IF IT IS BIDDING ITS OWN EQUIPMENT. FAILURE TO SUBMIT THIS CERTIFICATION WITH YOUR RESPONSE SHALL RESULT IN DISQUALIFICATION OF THE RESPONSE. THE MANUFACTURER SHALL PROVIDE THE SAME PRICE LIST TO ALL MANUFACTURER AUTHORIZED DEALERS/DISTRIBUTORS RESPONDING TO THE STATE CONTRACT BID NUMBER: January 5, 2011 14-680-850-O, OPENING DATE: . PRICE LIST URL OR NO.* DATED* BEING SUBMITTED WITH THIS RESPONSE IS THE ONLY PRICE LIST AUTHORIZED TO BE USED BY ALL RESPONDENTS. AWARD MAY NOT BE MADE TO A RESPONDENT SUBMITTING ANY OTHER PRICE LIST. *THIS FORM SHALL BE COMPLETED BY THE MANUFACTURER FOR EACH CATEGORY OF EQUIPMENT OFFERED. IT IS RECOMMENDED THAT THE MANUFACTURER REVIEW THIS INVITATION TO BID AT: https://sourcing.myfloridamarketplace.com/ UO WITHOUT QUOTATION MARKS). MANUFACTURER BRAND NAME ADDRESS SIGNATURE TITLE 7.6 MCAD/D ANUFACTURERS ERTIFICATION OF UTHORIZED EALERISTRIBUTOR This is to certify that Organization Name for . Manufacturer / Brand Name DATE: MANUFACTURER NAME: ADDRESS: TELEPHONE NUMBER(S): E-MAIL: AUTHORIZED EMPLOYEE NAME: TITLE: SIGNATURE: NOTE: SUBMITTED PER SECTION 3.8 7.7 QSTCSSR UARTERLY TATE ERM ONTRACT ALES UMMARY EPORT Vendor Name: FEID#: Contact Person: Phone Number: Email: Contract Title: Body ArmorContract #: 680-850-11-1 Fax or Email this form to: Mark Lovell - Fax: 850-414-6122 / Email: Mark.Lovell@dms.myflorida.com 2011-2014 (YEARS) Report reflects all sales for the CALENDAR QUARTER: Check One March 31stJune 30th Quarterly Period Ending Quarterly Period Ending September 30thDecember 31st Quarterly Period Ending Quarterly Period Ending ENTITY TOTAL DOLLARS STATE AGENCIES: Report dollar amount sold to all State Agencies. $ POLITICAL SUBDIVISIONS: Report dollar amount sold to other Political Subdivisions \[including but not limited to, Counties, Cities, Schools, Universities, Colleges and Utilities\]. $ ENVIRONMENTALLY PREFERRED PRODUCTS: $ Report dollar amount sold to agencies: Report dollar amount sold to political subdivisions: $ MINORITY BUSINESS ENTERPRISES: $ Report dollar amount sold to agencies: $ Report dollar amount sold to political subdivisions: GRAND TOTAL: $ Under penalties of perjury, I declare that this is a true and accurate report of all sales due under the terms and conditions of this state term contract for the specified quarterly reporting period. AUTHORIZED TYPED SIGNATURE: AUTHORIZED ELECTRONIC SIGNATURE: Notes: 1) A quarterly report is required even if there are no sales for the specified quarter; please enter zero dollars where applicable. 2) This form is for the reporting of quarterly sales only. It is not related to reporting and payment of vendor transaction fees. 3) To or enter signature. 4) For information concerning the use of this form, please contact the Contract Administrator named above. 7.8 BPC ID REPARATION HECKLIST The Bid Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their Bid. The Bid Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their Response. Check off each of the following as you comply: The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting and payment requirements as specified in the terms and conditions of all agreements with State of Florida agencies. Downloaded and Read entire solicitation. Downloaded and / or become familiar with the Timeline and all items contained in the MyFloridaMarketPlace Sourcing Tool RFX Info Tab for this solicitation. If necessary, reviewed the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or received assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866- 352-3776) or vendorhelp@myfloridamarketplace.com. Submitted all questions to the MyFloridaMarketPlace Q&A Board by specified deadline. Viewed answers to submitted questions as posted in addendum to solicitation on the MyFloridaMarketPlace Sourcing Tool. Downloaded Price Sheets and reviewed carefully. Entered required pricing and information on Price Sheets and uploaded to the MyFloridaMarketPlace Sourcing Tool. Provided answers to all questions. Submitted Bid using the MyFloridaMarketPlace Sourcing Tool. IN CD FORMAT (Mailed or delivered Lists, Ordering Instructions form, Savings / Price Reductions form(s), Certification of Drug Free Workplace Program, Manufacturer Price List Certificate, Manufacturer Certification of Authorized Dealer/Distributor, and Other Documents required to be mailed in the solicitation to the attention of: Mark Lovell IMPORTANT NOTE: Outer packaging Purchasing Analyst shall clearly state the Bid Title, Division of State Purchasing solicitation number, and Bid Opening Department of Management Services Date and Time! 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 Contractors - Point Blank Enterprises, Inc. / Contractors / Body Armor (Protective Vests) / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Departmen... SITE MAPCONTACT DMSMYFLORIDAHOME Business OperationsWorkforce OperationsAgency AdministrationOther ProgramsAbout Us Search Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > State Term Contracts > Body Armor (Protective Vests) > Contractors > Contractors - Point Blank Enterprises, Search Search Current Location Only Search Inc. Point Blank Enterprises, Inc. Body Armor (Protective Vests) Florida Climate Utilizes Pricing FriendlyRecycled CBE Code AuthorizedCoverage Area Preferred Products Contractors Resellers Products Contractors - Armor A - Non-MinorityNoNoYesStatewide Express Contractors - GH Armor Contractor Information Systems Contractor NAME: Point Blank Enterprises, Inc. Contractor FEID NO.: 45-3646868 Contractors - Point Blank Enterprises, Inc. MFMP VENDOR NO.: STREET ADDRESS: 2102 SW 2nd Street Contractors - Safariland CITY, STATE and ZIP: Pompano Beach, FL 33069 Contractors - Survival INTERNET ADDRESS:www.pointblankenterprises.com Armor, Inc TELEPHONE NO.: (954) 630-0900 Contractors - U.S. Armor TOLL-FREE NO.: (800) 413-5155 Corporation FAX NO.: (954) 845-2806 Person Responsible For Administering The Contract How to Use this Contract NAME: Camila Mota Frequently Asked Questions TITLE: Contract Administrator Complete Contract - Microsoft STREET ADDRESS: 2102 SW 2nd Street Word CITY, STATE and ZIP: Pompano Beach, FL 33069 Complete Contract - PDF E-MAIL ADDRESS:coliveira@pbearmor.com TELEPHONE NO.: (954) 630-0900 Amendments and Memorandums TOLL-FREE NO.: (800) 413-5155 CELL PHONE NO.: (786) 326-4135 FAX NO.: (954) 845-2806 Return to State Contracts Ordering and Remit-To Information. Please provide information where Customers should direct orders. You and Agreements must provide a regular mailing address and email address. If equipped to receive purchase orders electronically, you may also provide an Internet Address. REMIT-TO: Point Blank Enterprises, Inc. REMIT-TO STREET 2102 SW 2nd Street ADDRESS: REMIT-TO CITY, Pompano Beach, FL 33069 STATE and ZIP: REMIT-TO EMAILdjonas@pbearmor.com and/or INTERNET ADDRESS: AUTHORIZED SERVICING DEALER LIST NAME ADDRESS & PHONE NO. http://www.dms.myflorida.com/...state_purchasing/vendor_information/state_contracts_and_agreements/state_term_contracts/body_armor_protective_vests/contractors/contractors_point_blank_enterprises_inc \[6/9/2016 9:11:19 AM\] Contractors - Point Blank Enterprises, Inc. / Contractors / Body Armor (Protective Vests) / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Departmen... Signal 15, Inc. 7500 Ulmerton Road, Suites 24 Contact: Greg Hamilton Largo, FL 33771 (727) 536-8233 SRT Supply 4450 60th Ave North Contact: John Wier Largo, FL 33771 (727) 526-5451 Dana Safety Supply- Jacksonville 4747 San Juan Ave. Contact: Mike Mettile Jacksonville, FL 32210 (850) 624-7171 Dana Safety Supply- Tampa 3810 W Osborne Ave. #A Contact: Tom Sabo Tampa, FL 33614 (813) 348-4866 Dana Safety Supply- Miami 1372 NW 78th Ave. Contact: Bill Barnhart Doral, FL 33126 (305) 951-5064 U.S. Surplus Sales 4536 North Orange Blossom Trail, Suite 1 Contact: Steve Pocius Orlando, FL 32804 (407) 292-8112 Lou’s Gun Shop 7815 West 4th Ave Contact: LE Supply Sales Miami Lakes, FL 33014 (305) 416-0000 Lawmen’s and Shooters’ Supply 7750 9th St. S.W. Vero Beach, FL 32968 (772) 569-8700 Azar's Uniforms 3839 North Monroe St. Contact: Wayne Cook Tallahassee, FL 32303 (850) 402-1133 Galls - Tampa Regional Account Executive Contact: Patrick Sutton(859) 433 -7142 Galls - Corporate 2680 Palumbo Drive Contact: Chris Graham Lexington, KY 40509 (800) 876 4242 ext. 2175 Federal Eastern International, Inc. - Tampa 751 Pinellas Bayway, Suite 106 Contact: Sally Hayes St. Petersburg, FL 33715 (727) 827-2997 (office); (727) 510-7145 (cell) MES Fire/Lawmen Supply - Florida 11437 43rd Street North Contact: Robert Soto Clearwater FL, 33762 561-613-9833 Federal Eastern International, Inc. - Broward 3516 West Broward Blvd. Federal Eastern International, Inc. - Broward3516 West Broward Blvd. Contact: Beverly Slavick Ft. Lauderdale, FL 33313 Contact: Beverly SlavickFt. Lauderdale, FL 33313 (954) 581-1393 (954) 581-1393 Terms and Conditions | Privacy Statement | Accessibility Statement | Copyright ©2016 Department of Management Services - State of Florida http://www.dms.myflorida.com/...state_purchasing/vendor_information/state_contracts_and_agreements/state_term_contracts/body_armor_protective_vests/contractors/contractors_point_blank_enterprises_inc \[6/9/2016 9:11:19 AM\] June 10, 2016 Kristina Maricic City of Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 Re: Best Price Kristina, The City of Delray Beach is planning to purchase body armor through Federal Eastern International. FEI, under contract with the state of Florida, is required to sell its products at the best and lowest prices or FEI will lose its state contract. By purchasing our body armor Delray Beach is guaranteed to receive the lowest possible prices. Please feel free to contact me with any questions you may have. -- Sally Hayes, President Federal Eastern International, Inc. accounting@fedeastintl.com Contractors - Point Blank Enterprises, Inc. / Contractors / Body Armor (Protective Vests) / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Departmen... SITE MAPCONTACT DMSMYFLORIDAHOME Business OperationsWorkforce OperationsAgency AdministrationOther ProgramsAbout Us Search Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > State Term Contracts > Body Armor (Protective Vests) > Contractors > Contractors - Point Blank Enterprises, Search Search Current Location Only Search Inc. Point Blank Enterprises, Inc. Body Armor (Protective Vests) Florida Climate Utilizes Pricing FriendlyRecycled CBE Code AuthorizedCoverage Area Preferred Products Contractors Resellers Products Contractors - Armor Express A - Non-MinorityNoNoYesStatewide Contractors - GH Armor Contractor Information Systems Contractor NAME: Point Blank Enterprises, Inc. Contractors - Point Blank Contractor FEID NO.: 45-3646868 Enterprises, Inc. MFMP VENDOR NO.: STREET ADDRESS: 2102 SW 2nd Street Contractors - Safariland CITY, STATE and ZIP: Pompano Beach, FL 33069 Contractors - Survival INTERNET ADDRESS:www.pointblankenterprises.com Armor, Inc TELEPHONE NO.: (954) 630-0900 Contractors - U.S. Armor TOLL-FREE NO.: (800) 413-5155 Corporation FAX NO.: (954) 845-2806 Person Responsible For Administering The Contract How to Use this Contract NAME: Camila Mota Frequently Asked Questions TITLE: Contract Administrator Complete Contract - Microsoft STREET ADDRESS: 2102 SW 2nd Street Word CITY, STATE and ZIP: Pompano Beach, FL 33069 Complete Contract - PDF E-MAIL ADDRESS:coliveira@pbearmor.com TELEPHONE NO.: (954) 630-0900 Amendments and TOLL-FREE NO.: (800) 413-5155 Memorandums CELL PHONE NO.: (786) 326-4135 FAX NO.: (954) 845-2806 Return to State Contracts Ordering and Remit-To Information. Please provide information where Customers should direct orders. You and Agreements must provide a regular mailing address and email address. If equipped to receive purchase orders electronically, you may also provide an Internet Address. REMIT-TO: Point Blank Enterprises, Inc. REMIT-TO STREET 2102 SW 2nd Street ADDRESS: REMIT-TO CITY, Pompano Beach, FL 33069 STATE and ZIP: REMIT-TO EMAILdjonas@pbearmor.com and/or INTERNET ADDRESS: AUTHORIZED SERVICING DEALER LIST NAME ADDRESS & PHONE NO. http://www.dms.myflorida.com/...ate_purchasing/vendor_information/state_contracts_and_agreements/state_term_contracts/body_armor_protective_vests/contractors/contractors_point_blank_enterprises_inc\[ 6/13/2016 9:38:13 AM\] Contractors - Point Blank Enterprises, Inc. / Contractors / Body Armor (Protective Vests) / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Departmen... Signal 15, Inc. 7500 Ulmerton Road, Suites 24 Contact: Greg Hamilton Largo, FL 33771 (727) 536-8233 SRT Supply 4450 60th Ave North Contact: John Wier Largo, FL 33771 (727) 526-5451 Dana Safety Supply- Jacksonville 4747 San Juan Ave. Contact: Mike Mettile Jacksonville, FL 32210 (850) 624-7171 Dana Safety Supply- Tampa 3810 W Osborne Ave. #A Contact: Tom Sabo Tampa, FL 33614 (813) 348-4866 Dana Safety Supply- Miami 1372 NW 78th Ave. Contact: Bill Barnhart Doral, FL 33126 (305) 951-5064 U.S. Surplus Sales 4536 North Orange Blossom Trail, Suite 1 Contact: Steve Pocius Orlando, FL 32804 (407) 292-8112 Lou’s Gun Shop 7815 West 4th Ave Contact: LE Supply Sales Miami Lakes, FL 33014 (305) 416-0000 Lawmen’s and Shooters’ Supply 7750 9th St. S.W. Vero Beach, FL 32968 (772) 569-8700 Azar's Uniforms 3839 North Monroe St. Contact: Wayne Cook Tallahassee, FL 32303 (850) 402-1133 Galls - Tampa Regional Account Executive Contact: Patrick Sutton(859) 433 -7142 Galls - Corporate 2680 Palumbo Drive Contact: Chris Graham Lexington, KY 40509 (800) 876 4242 ext. 2175 Federal Eastern International, Inc. - Tampa 751 Pinellas Bayway, Suite 106 Contact: Sally Hayes St. Petersburg, FL 33715 (727) 827-2997 (office); (727) 510-7145 (cell) MES Fire/Lawmen Supply - Florida 11437 43rd Street North Contact: Robert Soto Clearwater FL, 33762 561-613-9833 Federal Eastern International, Inc. - Broward 3516 West Broward Blvd. Federal Eastern International, Inc. - Broward3516 West Broward Blvd. Contact: Beverly Slavick Ft. Lauderdale, FL 33313 Contact: Beverly Slavick (954) 581-1393 Terms and Conditions | Privacy Statement | Accessibility Statement | Copyright ©2016 Department of Management Services - State of Florida http://www.dms.myflorida.com/...ate_purchasing/vendor_information/state_contracts_and_agreements/state_term_contracts/body_armor_protective_vests/contractors/contractors_point_blank_enterprises_inc\[ 6/13/2016 9:38:13 AM\] City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-603,Version:1 TO: Mayor and Commissioners FROM: Chevelle Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 AMATEUR RADIO WEEK City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ WHEREAS,Amateur Radio Operators have also provided countless hours of community services both in emergencies and to other local organizations throughout these decades; and WHEREAS,these Amateur Radio services are provided wholly uncompensated; and WHEREAS,the State also recognizes the services Amateur Radio’s people also provide to our many Emergency Response organizations, including The American Red Cross, City of Delray Emergency Management ;and WHEREAS,these same individuals have further demonstrated their value in public assistance by providing free radio communications for local parades, bikeathons, walkathons, fairs and other charitable public events; and WHEREAS,the City of Delray Beach recognizes and appreciates the diligence of these “hams” who also serve as weather spotters in the Skywarn program of the US Government Weather Bureau; and WHEREAS,the ARRL is the leading organization for Amateur Radio in the USA; and WHEREAS,the ARRL Amateur Radio Field Day exercise willtake place on June 2526, 2016 and is a 24 hour emergency preparedness exercise and demonstration of the Radio Amateurs’skills and readiness to provide selfsupporting communications without further infrastructure being required; now NOW THEREFORE, I, CARY D. GLICKSTEIN,Mayor of the City of DelrayBeach, Florida,on behalf of the City Commission,do hereby proclaim June 2026, 2016as: IN WITNESS WHEREOF,Ihave hereunto set my hand and caused the Seal of the City of DelrayBeach, Florida, to be affixed this21stday of June, 2016. _____________________________ CARY D. GLICKSTEIN MAYOR City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-589,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 REPORT OF APPEALABLE LAND USE ITEMS MAY 23, 2016 THROUGH MAY 27, 2016. Recommended Action: By motion, receive and file this report. Background: Section2.4.7(E),Appeals,oftheLandDevelopmentRegulationsapplies.Thisisthemethodof informingtheCityCommissionofthelanduseactionswhichmaybeappealedtotheCity Commission.Afterthismeeting,theCommission’sappealopportunityshallexpire.Anappeal by an aggrieved party must be made within 10 working days of the action. To appeal: ·The item must be raised by a Commission member. ·Bymotion,anaffirmativeactionmustbetakentoplacetheitemonthenextavailable meeting of the Commission as an appealed item. Duringthespecifiedperiod,theSitePlanReviewandAppearanceBoardconsideredthe projectsnotedbelow.Foreachitem,aprojectreportincludingtheBoardStaffReportis attached. No other Boards took action on any appealable applications during this period. SITE PLAN REVIEW AND APPEARANCE BOARD ITEM A.630 George Bush Boulevard Request:Change of exterior color from grey/beige to (Benjamin Moore) Super White flat. BoardAction:Deniedthecolorchangeona3to2vote(JamesChard,RogerCopeandVlad Dumitrescu voted to deny, Jim Knight absent). ITEM B.Linton Square, 1425 - 1585 S. Congress Avenue Request:AmendmenttotheBlanketSignProgramforthetenantknownasRainbow to allow their corporate colors and to exceed the allowable height. BoardAction:ApprovedtheamendmenttotheBlanketSignprogramona5to0vote(Jim Knight absent). ITEM C.Marketplace of Delray, 14535 S. Military Trail Request:AmendmenttotheMasterSignProgramformodificationstoanexisting City of Delray BeachPage 1 of 2Printed on 6/17/2016 powered by Legistar™ File #:16-589,Version:1 freestanding sign, directional signage and wall signage. BoardAction:ApprovedtheamendmenttotheMastersignprogramona5to0vote(JimKnight absent) with conditions. ITEMD.DelrayPlace:HarvestSeasonalGrill&WineBarandLocalGreens, 1841 S. Federal Highway Request:ClassISitePlanModification(architecturalelevationchanges)fortheremovalof doors,andtheadditionofslidingdoors,foldingwindows,andkneewallstoopenthe façadeintheareaoftheoutsideseatingforthebuildingattheNEcornerofEveStreet and Federal Highway. Board Action:Approved the Class I Site Plan Modification on a 6 to 0 vote (Jim Knight absent). th ITEM E.Our Boat House III: 820 SE 5 Avenue Request:Class I Site Plan Modification for the installation of an awning. Board Action:Approved the Class I Site Plan Modification on a 5 to 1 vote (James Chard dissenting). City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: ActionmustbetakenbytheCityCommissionatthenextavailablemeetingfollowingthe Board’s actions. Attachments: ·Location Map ·630 George Bush Boulevard ·Linton Square ·Marketplace of Delray ·Delray Place: Harvest Seasonal Grill & Wine Bar ·Our Boat House III City of Delray BeachPage 2 of 2Printed on 6/17/2016 powered by Legistar™ CITY COMMISSION MEETING PLANNING & ZONING APPEALABLE ITEMS DEPARTMENT JUNE 21, 2016 B A C E B D SPRAB: D. DELRAY PLACE: HARVEST SEASONAL GRILL & WINE BAR A. 630 GEORGE BUSH BOULEVARD E. OUR BOAT HOUSE III B. LINTON SQUARE C. MARKETPLACE DELRAY Document Path: S:\\Planning & Zoning\\DBMS\\GIS\\Project Maps\\City Commission Maps\\City Commission Map 6-21-16.mxd Date: 6/3/2016 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-554,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Department THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 CONDITIONALUSEREQUESTTOALLOWTHEESTABLISHMENTOFAVETERINARYCLINIC TH FOR OCEANSIDE VETERINARY CLINIC, 836 SE 5 AVENUE (QUASI-JUDICIAL HEARING) Recommended Action: ApprovetheConditionalUserequesttoallowaveterinaryclinicpursuanttoLDRSection4.4.9(D) (14),forOceansideVeterinaryClinicbyadoptingthefindingsoffactandlawcontainedinthestaff report,andfindingthattherequestandapprovalthereofisconsistentwiththeComprehensivePlan andmeetscriteriasetforthinSection2.4.5(E)(5),andChapter3oftheLandDevelopment Regulations with the following conditions: That the applicant submit an application for Class I site plan modification which provides: 1. i.An additional roll-out cart to ensure that overflow of trash will not occur. ii.Security cameras installed at the entrance and at the parking lot. iii.Hedgescreeningneartheroll-outcartscontinuesalongthenorthsideoftherefuse/storage areaandaportionofthehedgescreeningtherefuseareaiscutbacktoallowtheroll-outcarts access to the curb. iv.Anotebeplacedonthesiteplanstatingthatthehedgelocatedalongthewestpropertyline shall be maintained at a minimum height of 4 ½ feet. Background: TheitembeforetheCityCommissionisapprovalofaConditionalUserequesttoallowthe th establishmentofaveterinaryclinicforOceansideVeterinaryCliniclocatedat836SE5Avenue. ThepropertyiszonedGC(GeneralCommercial)andcontainstwo,one-storyofficebuildingstotaling 2,664squarefeet.Theveterinaryclinicseekstooccupythesouthernbuildingwhichmeasures1,434 square feet. OceansideVeterinaryClinicwillbeafullserviceveterinaryclinicofferingmedicaltreatmentofdogs andcatsincludingwellnesscare,vaccines,anesthesia,surgery,radiology,dermatology,nutritionand behaviorcounselling.Theveterinaryclinicwillnotofferboarding,daycareorovernightcareof patientsexceptforthecareofpatientswhichareundersupervisionoftheveterinarystaff.The anticipatedhoursofoperationarefrom8:00A.M.to7:00PM.,MondaythroughFriday,andfrom9:00 A.M. to 1:00 P.M. on Saturday. The facility will be closed on Sunday Planning and Zoning Board Recommendation: City of Delray BeachPage 1 of 2Printed on 6/16/2016 powered by Legistar™ File #:16-554,Version:1 OnMay16,2016,thePlanningandZoningBoardrecommendedapprovaltotheCityCommissionof theconditionaluseonaunanimousvoteof6to0(RobinBirdabsent),forOceansideVeterinary Clinic,toallowtheveterinaryclinic,byadoptingthefindingsoffactandlawcontainedinthestaff report,andfindingthattherequestandapprovalthereofisconsistentwiththeComprehensivePlan andmeetscriteriasetforthinSection2.4.5(E)(5),andChapter3oftheLandDevelopment Regulations with the following conditions: That the applicant submit an application for Class I site plan modification which provides: 1. i.An additional roll-out cart is provided to ensure that overflow of trash will not occur. ii.Security cameras are installed at the entrance and at the parking lot. iii.Thehedgescreeningtheroll-outcartscontinuesalongthenorthsideoftherefuse/storage areaandaportionofthehedgescreeningtherefuseareaiscutbacktoallowtheroll-outcarts access to the curb. iv.Anotebeplacedonthesiteplanstatingthatthehedgelocatedalongthewestpropertyline shall be maintained at a minimum height of 4 ½ feet. Alifesafetyplanshowingemergencylighting,exitsignsandfireextinguishersbeprovided 2. prior to action by the City Commission on the conditional use request. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 2 of 2Printed on 6/16/2016 powered by Legistar™ Planning, Zoning and Building Department TO: Mayor and Commissioners FROM: Timothy Stillings,Planning,Zoning and Building Director THROUGH : Donald B. Cooper, City Manager DATE: June 21, 2016 RE :Conditional Use Request To Allow The Establishment Of A Veterinary th Clinic For Oceanside Veterinary Clinic, 836 SE5Avenue Background: The item before the City Commission isapproval of a Conditional Use request to allow the establishment of aveterinary clinic forOceanside Veterinary Cliniclocated at 836 th SE 5Avenue. The property has a GC (General Commercial) zoning and Future Land Use Map (FLUM) designation.Veterinary Clinics are listed as an allowed conditional use in the GCZoning District by LDR Section 4.4.9(D)(14). Veterinary clinics are conditional uses because of the potential operational issues requiring a higher level of approval. The subject property consists of 0.40 acres (17,299 sq. ft.). Two, one-story office buildings totaling 2,664 square feet were constructed on the property in 1934and th remainon the property. The northernmost building located at 830 SE 5Avenue th measures 1,230 square feet. The southernmost building located at 836 SE 5Avenue measures 1,434 square feet. Both buildings were previously occupied as professional th offices, most recently as State Farm Insurance at 836 SE 5Avenue and Moore th Hearing Aid Center at 830 SE 5Avenue. The veterinary use is intended in the southernmost building. On October 28, 2015, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan Modification request to allow the conversion of both buildings from professional office to medical office. On November 17, 2015, the City Commission appealed the approval of the Class III Site Plan Modification by SPRAB. OnJanuary 5, 2016, the City Commission denied the Class III Site Plan Modification application. Project Description: Oceanside Veterinary Clinic will be a full service veterinary clinic offering medical treatment of dogs and cats including wellness care, vaccines, anesthesia, surgery, radiology, dermatology, nutrition and behavior counselling.The anticipated hours of operation are from 8:00A.M. to 7:00P.M.Monday through Friday,and from 9:00A.M. to 1:00P.M. on Saturday. The facility will be closed onSunday. The office will accommodate a maximum of 5 employees including the veterinarians. No exterior structural or aesthetic improvements are proposed. The only site improvement will include the installation of a bike rack accommodating 3 bikes. The veterinary clinic will not offer boarding, daycare or overnight care of patients except for the care of patients which are under supervision of the veterinary staff. Oceanside Veterinary Clinic will employa private contractor forthe disposal of biological wastes which are stored in13 gallon containers within the office until the containers are picked- upfor off-site disposal.Other waste materials are handled by using heavy duty garbage bags which are disposed in the roll-out trash carts located at the north side of the site. On-site disposal of carcassesisprohibitedand the removal and disposal of deceased pets is done by Paws and Cherishof Deerfield Beach, which is contracted to serve the business. LDR Section 3.1.1 requires the evaluation of findings which pertain to the Future Land Use Map; Concurrency with respect to meeting the established level of services in the Comprehensive Plan; Consistency with the Goals, Objective and Policies of the Comprehensive Plan; and Compliance with the LDRs. With respect to the Future Land Use Map, zoning consistency is met as the Future Land Use Element lists the GC zoning as consistent with the General Commercial Future Land Use Map designation. Items of concurrency pertinent to this action pertain to water and sewer services, traffic and waste disposal. No concurrency issues with respect to water and sewer services are identified. With respect to traffic, thetrafficstatement provided by the applicant indicates that no additional trips will be generated during the AM peak hour of trafficand 4 new trips will be generated during the PM peak hour, when compared to the most recent use of professional office.The total number of trips anticipated for the proposed veterinary clinic is 3 during the AM peak hour and 6 during the PM peak hour. These added trips are minimal and are typically not considered to have a negative or significant impact on adjacent traffic circulation or the adjacent neighborhood,as the property is located along SE 5th Avenue/South Federal Highway, the roadway by which clientele would likely arrive. A review of solid waste impacts show a decreased generation rate,as the previous professional office use generatedapproximately 3.87 tons per year for this building, whereas the veterinary clinic (which falls within the category of medical office for waste generation rates) will generate 3.29 tons per year, a reduction of 0.58 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. With respect to consistency with the Goals, Objective and Policies of the Comprehensive Plan, Objective A-1 of the Future Land Use Element states “Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations; is complementary to adjacent land uses; and fulfills remaining land use needs.” 2 With the establishment of a veterinary clinic, consideration however must be undertaken to determine if the use is complementary to the adjacent land uses. The adjacent land uses to the north are retail (The Boat House) and a Fraternal Club (VFW); to the west th are single family residences. To the south (south side of SE 9Street) is an office use th (J.M.D. Properties, Inc.), and to the east (east side of SE 5Avenue) is Center State Bank anda vacant parcel. The properties where the potential for the greatest impact exists are the adjacent residential uses to the west and the commercial uses immediately to the north. With the establishment of a veterinary clinic, the primary concerns with compatibility are namely, the noise generated by barking pets, the manner in which biological wastes are disposed of, and trafficimpact. The applicant has indicated that services offered will not include boarding or daycare or overnight accommodation of pets except for the care of patients which are under supervision of the veterinary staff. The applicant states that “the patients who remain overnight will be in locked cages within the ICU/Treatment area of the hospital. Nearly all of our patients will be referred to local 24/7 care facilities for continued overnight treatment and observation. In the rare event that a patient is not stable enough to be transported to another facility upon the end of the business day, that patient (critical) will be kept overnight, patient vocalization (barking, meowing) is not considered an issue. This care is limited to medical patients only and it is not foreseen to be done on a regular basis.”As the facility will not provide for daycare or boarding, and pets will be kept indoors, no additional noise greater than normal business operationsareanticipated. Pertaining to the disposal of biological wastes, the applicant has provided the following information: “Biological or hazardous wastes (such as needles, scalpel blades, surgical instruments, products harmful to the environment, and infected animal tissue) will be disposed of through a contracted third party waste disposal company. The hazardous waste will be contained in 13 gallons red plastic biohazardous waste bins that are stored inside and on the premises as the containers are filled, a non-removable plastic lid will be inserted, and placedwithin a red bag-lined cardboard biological waste box for transporting.” Other biological waste materials will be disposed of through the public sewage lines. Surgical waste or regular animal tissue is disposed of through regular trash collection. Basedon the above, since there will be no boarding or daycare services,overnight stay is restricted to critical patients under the veterinarian supervision; biological or hazardous wastes will not be disposed of on-site, and minimal new traffic to be generated, positive findings can be made with respect to compatibility. With respect to compliance with the Land Development Regulations, the requirements pertaining to parking, commercial zoning adjacent to residential zoning, lighting, 3 handicap accessible parking, bicycle parking,crime prevention through environmental design (CPTED),perimeter landscape buffers, and refuse disposal were evaluated. Also evaluated, was LDR Section 2.4.5(E)(5) which requires that in addition to the provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a)Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b)Hinder development or redevelopment of nearby properties. The use is located within an existing commercial structure. To the north, south and east are existing commercial uses. To the west are single family residences. Safeguards are proposed by the applicant that the potential of objectionable aspects ofa veterinary clinic,such as barking pets, disposal of medical wastes have been addressed.Based upon the analysis in this report, a veterinary clinic is compatible with adjacent and nearby properties and will not have a detrimental effect on the stability of the neighborhood within which it is located nor hinder development or redevelopment of nearby properties. A finding of compliance can be made for these requirements provided that the conditions of approval are addressed. Review by Others: Public notices were provided to all property owners within 500 feet of the subject property and courtesy notices wereprovided to the following groups and neighborhood associations: Delray Citizen’s Coalition Osceola Park Domaine Delray Harbour Club No public comments were received with respect to these notices. Community Redevelopment Agency: On April 28, 2016, the Community Redevelopment Agency unanimously recommended approvalof the conditional use request. Planning and Zoning Board: At its meeting of May16, 2016, the Planning and Zoning Board held a public hearing in the conjunction with the request. There were no public comments. Following the public hearing, Planning and Zoning Board on a 6 to 0 vote (Robin Bird absent) recommended approval to the CityCommission to allow a veterinary clinic for Oceanside Veterinary Clinic, 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 criteriaset forth in Section 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations with the following conditions: 4 That the applicant submit an application for Class I site plan modification which 1. provides: i.An additional roll-out cart is provided to ensure that overflow of trash will not occur. ii.Security cameras are installed at the entrance and at the parking lot. iii.The hedge screening the roll-out carts continues along the north side of the refuse/ storage area and a portion of the hedge screening the refuse area is cut back to allow the roll-out carts access to the curb. iv.A note be placed on the site plan stating that the hedge located along the west property line shall be maintained at a minimum height of 4 ½ feet. A life safety plan showing emergency lighting, exit signs and fire extinguishers be 2. provided prior to action by the City Commission on the conditional use request. A copy of the Planning and Zoning Board Staff Report is attached. 5 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONALUSE REQUEST FOR OCEANSIDE VETERINARY CLINIC 836 SE 5 TH AVENUE ORDEROF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1.Thisconditional use request came before the City Commissionon June 21,2016. This conditional use request is to allow Oceanside Veterinary Cliniclocated at th 836 SE 5Avenue to operate as a veterinary clinic. 2.The City staff and Applicant presented documentary evidence and testimony to the City Commission pertaining to the conditionaluse request for Oceanside Veterinary Clinic. All of the evidence is a part of the record in this case. Required findings are made in accordance with Sections I and II. I.COMPREHENSIVE PLAN Comprehensive Plan –Future Land Use Element Objective A-1 a.: This objective requires that the property be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Is Future Land Use Element Objective A-1met? ______ YesNo _______ Future Land Use Map b.: 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 GC (General Commercial) and a zoning designation of GC(General Commercial). Isthe project’s proposed location consistent with the Future Land Use Map? ______ YesNo _______ Concurrency c.: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, neededcapital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? _______ YesNo _______ 2 Consistency d.: Will the granting of the conditional use be consistent with and further the goals, objectives and policies of the Comprehensive Plan? _______ YesNo ______ II.LDR REQUIREMENTS: LDR Section 2.4.5(E) Required Findings (Conditional Use) a.: Pursuant to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission must determine that the conditional use will not: i.Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii.Hinder development or redevelopmentof nearby properties. Are the requirements of Section 2.4.5(E)(5) met? _______ YesNo _______ 3.The comments and notes set forth in the staff report are hereby incorporated herein. 4.At its meeting of May 16, 2016, the Planning and Zoning Board considered the conditional use request and voted 6to 0to recommend approval of the conditional use, based upon positive findings. 5.The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 6.The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 3 in the record including but not limited to the staff reports and testimony of experts and other competent witnesses supporting these findings. ___ 7.Based on the entire record before it, the City Commission approves denies ____ the conditional use request set forth above and hereby adopts this order st __________ this 21day of June, 2016by a vote of in favor and opposed. ________________________________ ATTEST:Cary D. Glickstein, Mayor ________________________________ Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: ________________________________ City Attorney Department Head: ____________________________________________ Timothy Stillings, Planning,Zoning and Building Director 4 EXCERPT OF MINUTES PLANNING AND ZONING BOARD CITY OF DELRAY BEACH REGULAR MEETING Oceanside Veterinary Clinic MEETING DATE:May 16, 2016 MEETING PLACE:Commission Chambers CALL The meeting was called to order byVice Chair Joe Pike at 6:00P.M. ROLL A quorum was present. Members present were Steve Mackey, Mark Krall, Jay Jacobson, Joyce Patrick, Joe Pike and Louis Smith. Memberabsent was Robin Bird. Staff present wasAmy Alvarez, Senior Planner, Janice Rustin, Assistant City Attorney, Tim Stillings,Director Planning & Zoning,Mark Stivers, Principal Planner and Diane Miller, Board Secretary. SWEARING IN OF THE PUBLIC Vice Chair Joe Pikeread the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony on any agenda item. COMMENTS FROM THE PUBLIC (Comments on items that are NOT on the Agenda will be taken immediately prior to Public Hearing Items.) Carol Anderson-SAFE QUASI-JUDICIAL HEARING ITEM Oceanside Veterinary Clinic: Recommend to theCity Commission the Conditional Use request th to establish a veterinary clinic within an existing commercial building located at 836 SE 5Avenue. Exparte Communication-None Tim Stillings,Planning and Zoning Directorpresented the itemthrough a review of the staff report. Applicant’s Presentation John Mendoza –Owner Dr. Benjamin Carter Dr. Tanis Whyte Mr. Mendoza explained that this was not a 24/hour center and no overnightstay. It would be from 8am-7pm. 1 Minutes of the May 16, 2016P&Z BOARDMeeting Public Comments-None Board Comments Joe Pike –Asked that the site plan be looked at again in regards to the current codes for parking and look at the handicap parking. Maybe some re-stripping. Motionby Mark Krall, second by Jay Jacobson of approval to the City Commission for a Conditional Use to allow a veterinary clinic for Oceanside Veterinary Clinic, 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(E)(5), and Chapter 3 of the Land Development Regulations with the following conditions: 1.That the applicant submitsan application for Class I site plan modification which provides: i.An additional roll-out cart is provided to ensure that overflow of trash will not occur. ii.Security cameras are installed at the entrance and at the parking lot. iii.The hedge screening the roll-out carts continues along the north side of the refuse/ storage area and a portion of the hedge screening the refuse area is cut back to allow the roll-out carts access to the curb. iv.A note be placed on the site plan stating that the hedge located along the west property line shall be maintained at a minimum height of 4 ½ feet. 2.A life safety plan showing emergency lighting, exit signs and fire extinguishers areprovided prior to action by the City Commission on the conditional use request. MOTION CARRIED 6-0 ADJOURNED There being no further business to come before the Board, the meeting was adjourned at 8:15 P.M. The undersigned is the Secretary of the Planning and ZoningBoard and the information provided herein is the Minutes of the meeting of said body for May 16, 2016which were formally adopted and approved by the Board on ______. Diane Miller Diane Miller If the Minutes you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. (These notes are an abbreviated version of this meeting. The full audio dialog is available at City Hall for anyone that would like the full recording.) 2 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-418,Version:1 City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-560,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 PURCHASE AWARD TO CROSS MATCH TECHNOLOGIES INC. Recommended Action: Motion to award a purchase in the total amount of $22,639.99 with Cross Match Technologies Background: The Police Department is requesting replacement of the palm and fingerprint scanner located in the arrestee holding facility. The scanner is used on a daily basis for criminal identification and forensic analysis. The current fingerprint scanner is no longer working properly, resulting in significant operator problems and inability to process and obtain fingerprint/palm print cards from approximately one third of arrestees. The scanner is a part of a configuration that includes a cabinet that will be reused and a computer with Cross Match software that was replaced in 2015. This is an upgrade to the existing system and scanners from other providers would not be compatible with the Cross Match computer and software the Police Department utilizes. The cost of the scanner is $19,639.99 which includes shipping and installation. Additionally, by enhancing the system with the Mugshot Module interface from Cross Match it will automatically upload information to the Mugshot module in the Records Management System eliminating the need for duplicate entry when someone is booked in the holding facility The cost of the Mugshot Module interface with installation is $3,000. The total cost of these upgrades from Cross Match Technologies Inc. is $22,639.99. Current fiscal year 2016 spend with Cross Match is $6,913.24 so prior approval of spending over $25,000 in a fiscal year with Cross Match is requested. This motion is in accordance with Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard" where the City has determined that a particular style, brand, make, or model is the only type that meets the City's requirements for performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the City. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray BeachPage 1 of 2Printed on 6/16/2016 powered by Legistar™ File #:16-560,Version:1 001-2115-521-64.90 Other Machinery/Equipment ($19,639.99) 001-1811-513-46.91 Police IT Other Maintenance ($3,000.00) City of Delray BeachPage 2 of 2Printed on 6/16/2016 powered by Legistar™ 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com David Bronger GSA Account Manager: Sales Channel: (866) 260-2763 Open Phone: Status: +1 5612843461 Simple Mobile: Type: (561) 828-8018 Fax: dave.bronger@crossmatch.com Email: City Of Delray Beach Ship To Name: Bill To Name: Marlo Dahl Contact: Contact: +1 561 243-7865 Phone: Phone: dahl@mydelraybeach.com Email: Email: Police Department, 300 West Atlantic Ship To: Bill To: , Avenue DELRAY BEACH, Florida 33444 United States Item Product Part Number Quantity Sales Total Price Price Basis Price 1 SHIPPING ASSEMBLY, 1000PX, WITH 920170-001US 1 $12,844.00 $12,844.00 GSA Contract SILICONE PAD, US POWER CORD GS-35F-0199R 2 CMT ADVANTAGE MAINT, YR 1, HW, 930161 1 $1,268.54 $1,268.54 GSA Contract 1000PX, DEVICE ONLY DOMESTIC GS-35F-0199R 3 CMT ADVANTAGE MAINT,YR 1, 950083 1 $272.03 $272.03 GSA Contract STANDARD CMT SW, LSMS GS-35F-0199R 4 CMT ADVANTAGE MAINT,YR 950084 1 $90.68 $90.68 GSA Contract 1,STANDARD CMT SW, LSMS GS-35F-0199R SUBMISSION SOFTWARE 1 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com 5 CMT ADVANTAGE MAINT,YR 1, HW, 930158 1 $272.03 $272.03 GSA Contract ALL SYSTEM PERIPHERALS GS-35F-0199R INTEGRATED AND PROVIDED BY CMT, DOMESTIC 6 SOFTWARE, LSMS CONFIGURATION, 850391-005 1 $0.00 $0.00 Open Market FLORIDA - FDLE 7 SOFTWARE, RELOAD, FLORIDA 850181-205 1 $0.00 $0.00 8 KIT, SILICONE PAD, SMALL - 900280 1 $137.71 $137.71 GSA Contract 500P/1000PX GS-35F-0199R 9 KIT, 500P/1000PX - UNIVERSAL 900253-005 1 $250.00 $250.00 Open Market CABINET 10 INSTALLATION, IN FLORIDA - LIVE 930012 1 $1,500.00 $1,500.00 Open Market SCAN SYSTEM 11 KIT, MONITOR, 19" TOUCH LCD, 420319-10 1 $980.00 $980.00 Open Market W/CABINET ADAPTER 12 KIT, FBI CERTIFIED NETWORK 900439 1 $1,400.00 $1,400.00 Open Market PRINTER, DOUBLE SIDED PRINTING 13 PRINTER TRAY, LOWER, 550 SHEET 420737 1 $400.00 $400.00 Open Market FEEDER, LEXMARK MS810 14 MAGSTRIPE READER, PORT 420042 1 $125.00 $125.00 Open Market POWERED RS-232 15 FREIGHT FREIGHT 1 $100.00 $100.00 Open Market Grand Total: $19,639.99 bƚƷĻƭʹ Please reference our GSA contract, GS-35F-0199R, on your purchase order as this will be a GSA purchase. This quote is to replace the current 1000P scanner with a 1000PX Palm and fingerprint scanner. We will replace the scanner, but will reuse the cabinet as well as the computer we recently replaced when upgrading you to Windows 7 in 2015.As part of this order, Cross Match will update the LSMS software to a version that is supported on Windows 10. Delray Beach PD IT will be responsible for upgrading the computers OS from Win 7 to Win 10. Please do not update the OS until a project manager discusses the project and identifies what files and folders need to be backed up prior to updating the OS and LSMS software. They will work with Delray Beach to minimize your system downtime. Cross Match will supply an insert for fitting the new scanner into the existing cabinet. Customer will replace the Xerox 4510 Printer, the Magtek DL reader, and touchscreen monitor, and will not require any historical records to 2 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com be transferred. This quote includes 1 yr coverage on the entire system. 3 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 QuoteExpiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com STANDARD SALES TERMS AND CONDITIONS Purchase Order #______________________ 1) Terms of Order Number GS-35F-0199R or if there is an existing signed agreement between Purchaser and Crossmatch with respect to the products to be purchased. Notwithstandi event shall the pre-printed terms and conditions of any Purchase Order alter, amend or supersede any provision of this Agreement. In the case of any conflict between the terms of a Purchase Order and the terms of this Agreement, the terms of this Agreement shall prevail. An omission of reference to this Agreement in a Purchase Order shall not affect the application of this Agreement to such Purchase Order. 2) Prices. Unless otherwise indicated, prices for products and associated support services are firm fixed price (FFP). Pricing remains valid for 90 calendar days from the date of quotation, unless otherwise specified by Quote Expiration above. All sales are final; no refunds, credits or exchanges will be accepted. The price for the products does not include sales, use, excise or similar taxes assessed at any time. All applicable taxes shall be paid by Purchaser including applicable sales tax unless a valid sales tax exemption certificate is provided. 3) Shipment: Shipment date(s) provided in the quotation or in confirmation of the Purchase Order is/are approximate and subject to change. Crossmatch shall not be liable for any delays in shipment which are caused by events beyond the control of Crossmatch including, but not limited to, delays caused by inaccurate or incomplete data, changes or revisions in the work to be rikes, inability to obtain labor or materials, or delay in transportation. 4) Storage: Once Purchaser has been notified that its order is ready for shipment, if Purchaser requests that the order (in whole or in part) not be shipped until a later date, the equipment will be segregated from other inventory. Purchaser will be required to execute CrossmatchCrossmatch to Purchaser. Purchaser is responsible for all costs associated with shipping the equipment to a storage facility or from said storage facility to the destination point in addition to all costs associated with insurance and storage fees. 5) Title & Risk of Loss: CrossmatchCrossmatch taxes, shipping, handling and insurance. Title to all equipment and risk of loss, deterioration or damage shall pass to Purchaser upon delivery to a carrier; except that a security interest in the equipment or any replacement shall remain in Crossmatch's name until the full purchase price has been received by Crossmatch. Any claim by Purchaser against Crossmatch for shortage or damage occurring prior to delivery must be made in writing within ten (10) calendar days after receipt of shipment and accompanied by an original transportation bill signed by the carrier noting that carrier received goods from Crossmatch in the condition claimed. Crossmatch shall have the right to ship all goods at one time or in portions, within the time for shipping provided in such order, unless specifically requested in writing by the Purchaser that these shipments be made in total by a date certain. Any shipments returned to Crossmatch or failure to accept delivery will require Purchaser to pay all additional costs incurred by Crossmatch, including any storage costs as discussed above. 6) Excusable Delays: Crossmatch shall not be liable for any failure to continue to perform as required or meet the delivery date if such failure is due to the non-performance of the Purchaser or third party and/or due to a reason beyond its reasonable control. Such events also include without limitation, acts or omissions of carriers, labor difficulties, shortages, Force Majeure, lack of, incomplete or inaccurate information provided by the Purchaser, or any other cause that is outside of Crossmatch Parties will mutually develop a critical path in which performance and/or schedule is re-defined and any equitable adjustment in price is finalized. 7) Changes: Purchaser may make changes to the specific products/services being ordered, quantity, schedule and/or, the customization requirements of a product or service or any other provision of the Purchase Order or quotation providing such change is communicated in advance and in writing to Crossmatch. If any such change causes a change in the price, schedule or other provision of the quote or Purchase Order, Crossmatch shall notify Purchaser in writing no later than five (5) days from the date of receipt by Crossmatch of such request from Purchaser. Crossmatch will submit a Request for Equitable Adjustment or Change Order proposal which the Parties shall mutually negotiate and such will be incorporated into the Purchase Order or quotation by written bi-lateral Amendment or C 8) Installation and Training. If installation and training services are purchased, Purchaser shall appoint a contact person to coordinate the installation to be performed by Crossmatch, its agent or contractor. The number of days allocated, and charges for installation and training are stated herein. If Crossmatch cannot complete the installation or extensions into additional days or additional eyond the reasonable control of Crossmatch such as, but not limited to, Purchaser network problems, Purchaser firewall problems or delays of schedule due to unavailability of Purchaser resources, Purchaser shall be responsible for additional charges required to complete the installation. Such charges shall be billable at Crossmatch Purchaser cancels or re-schedules on-site installation and/or training within 14 days of the originally scheduled installation. Upon completion of installation and training (including delivery of the training materials), Purchaser agrees to sign Crossmatch Services Acceptance Form acknowledging receipt of installation and training services within fifteen (15) days from the completion date. If Purchaser fails to respond within fifteen (15) days from the completion date, installation and traiing will be deemed accepted. 4 December 2015 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 QuoteExpiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com 9) Limited Warranty: Crossmatch warrants that the hardware products purchased will be free from defects in material and workmanship in normal service and under normal conditions for a period of one (1) year from the date of shipment. Normal service and normal conditions are defined within the product documentation. The Limited Warranty is subject to the specific terms and conditions set forth in the warranty documentation, which is hereby made part of and incorporated into the quotation. 10) Silicon Product Use Restrictions: TouchChip Silicon Fingerprint Sensor Products, including but not limited to touch and dix 1 and incorporated by reference herein. When applicable products are purchased, Purchaser shall adhere to the Field of Use Restrictions set forth in Appendix 1 and shall require any of its distributors, resellers, developers or sales representatives to comply with such Field of Use Restrictions. Any material or repetitive breach of the restrictions contained in Appendix material breach. 11) Software License software or interfaces developed by Crossmatch for Purchaser and if applicable, Crossmatch software. Purchaser will be required to accept Crossmatch The terms and conditions which govern the right and usage of the software are set forth in the license documentation, which is hereby made part of and incorporated into the quotation. 12) Equipment Upgrade: Equipment upgrades are not covered under the limited warranty and are subject to independent pricing and terms and conditions, as deemed applicable by the nature of the upgrade activity. 13) Equipment Maintenance Plan: Purchaser may purchase a Crossmatch Advantage Maintenance Plan for the hardware products. . The Maintenance Plan is contracted for annually at the then prevailing price and can be renewed for a period of years mutually agreed to by the Parties, The Maintenance Plan is subject to the specific terms and conditions set forth in the Maintenance Plan documentation, which is hereby made part of and incorporated into the quotation. 14) Software Maintenance Plan: Purchaser must buy the Crossmatch Advantage Software Maintenance plan for all applicable Crossmatch software products. Crossmatch will provide maintenance services for the current and future Major Release of the Software ersion of the Software that in Crossmatch different architecture.Crossmatch will receive Company reported defects or issues 24 hours a day, 7 days a week and acknowledge any such reported defect or issue within two (2) hours and use best efforts to address and remedy such defect or issue. At no additional cost to Company, Cross Match will deliver to Company, as made commercially available by Cross Match, bug fixes, Maintenance updates, state-mandat 15) Invoicing and Payment. Crossmatch will invoice Purchaser for all Products, (including services), and Maintenance Plans. All Maintenance Plans are invoiced annually in advance are are non-refundable. All Crossmatch invoices for Products must be paid in full by Purchaser prior to shipment. Any other payment arrangement must be pre-approved by Crossmatch in writing. All sales are final; no refund, credits or exchanges will be accepted Crossmatch. A late charge of the lesser of 1.5% per month or the maximum amount permitted by law, will be added to past due accounts. All reasonable costs and expenses, including but not limited to attorn court costs and service charges incurred by Crossmatch in collecting payment will be an expense of and charged to Purchaser Purchaser may be required to complete a credit application. Crossmatch reserves the right to extend credit to the Purchaser based upon credit determination. Specific financing arrangements will be considered on a case by case basis and the terms and conditions for such will be defined by Crossmatch and binding upon the Purchaser. Crossmatch shall have the right to suspend performance, including the non-shipment of product, under a specific Purchase Order and/or any other Purchase Order(s) where Purchaser has failed to maintain its account within agreed to credit terms. Crossmatch shall resume performance under said Order(s) upon verified receipt of the required funds, as determined by Crossmatch. Purchaser hereby agrees to waive all rights to seek damages and/or other remedies against Crossmatch if Crossmatch provision have an adverse impact upon Purchaser and/or its ability to perform and/or meet business obligations. In addition, Crossmatch shall have the right to cancel or hold any and/or all orders placed by Purchaser and any and/or all shipments of the Product, regardless of any prior confirmation or acceptance by Crossmatch, if: (a) Purchaser is or becomes insolvent, (b) Purchaser makes an r (c) Purchaser is the subject of a bankruptcy or reorganization proceeding, whether voluntary or involuntary. 16) Indemnification. By Purchaser. Purchaser shall indemnify, defend and hold Crossmatch and its respective directors, officers, employees and agents harmless against any and all losses, claims, damages or expenses (including reasonable attorne fees) arising out of or related to: (i) any personal injury to or death of any person or persons, any loss or damage of any property or any ts employees or independent contractors) negligent operation and/or related use or misuse of the Product; (ii) use of any equipment not provided or approved for use with the Product by Crossmatch. By Crossmatch. Crossmatch hereby agrees to indemnify, defend and hold Purchaser harmless from and against any and all claims, demands, actions, costs, liabilities and losses resulting from the Software or other Product infringing a United States patent, copyright or trademark or misappropriating the trade secret of a third party provided that: (i) Purchaser promptly notifies Crossmatch in writing of the claim; (ii) Crossmatch has control of the defense and all related settlement negotiations, provided however that Purchaser must approve in writing any settlements before they are executed (provided, however, that Purchase shall not unreasonably withhold its 5 December 2015 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 QuoteExpiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com approval thereof); and (iii) Purchaser fully cooperates with Crossmatch, at Crossmatch's cost, in the defense or settlement of such actions. Crossmatch's obligation under this Article is conditioned on Purchaser's agreement that if the Software, or the use or operation thereof, becomes, or in Crossmatch's opinion is likely to become, the subject of such a claim, Purchaser will permit Crossmatch at Crossmatch's option and expense, either to procure the right for Purchaser to continue using the Software or to replace or modify the same so that it becomes non infringing. If neither of the foregoing alternatives is available on terms which are reasonable in Crossmatch's reasonable judgment, then (1) Purchaser will return or destroy the Software on written request of Crossmatch; and (2) Crossmatch shall pay Purchaser an amount equal to the amount paid for the Software less an amount equal to the current depreciation of such Software (such depreciation amount calculated on a straight line basis over four years commencing on the Effective Date). The foregoing indemnity extends to Purchaser only and states the sole and exclusive liability and remedy of the parties hereto for patent infringement, and is in lieu of all warranties, express, implied, or statutory, in regard thereto. 17) Limitation of Liability. IN NO EVENT SHALL Crossmatch BE LIABLE TO PURCHASER FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE, OR THE DELIVERY OF, OR FAILURE TO DELIVER, THE PRODUCT, EVEN IF Crossmatch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE ENTIRE LIABILITY OF Crossmatch FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE SUBJECT OF SUCH CLAIM OR CAUSE OF ACTION. Except as to title, all such liability shall terminate upon the expiration of the original applicable warranty period. 18) Intellectual Property and Use Limitations. The sale of the Product to Purchaser does not convey to Purchaser any intellectual property rights in the Product or Software, including but not limited to any copyright, patent or trademark rights (except for any license rights granted hereunder). Further, the sale of the Products confers on Purchaser no license, express or implied, by estoppel or otherwise, under any patents of Crossmatch or others covering or relating to any other product or invention or any combination, machine, or process in which such Product might be used. All intellectual property rights in the Products and Software, any documentation therefore, and other materials supplied by Crossmatch, are owned by Crossmatch and are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. 19) Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Florida, without reference to its conflict of laws provisions. All disputes arising hereunder shall be heard only by a Florida State court or U.S. District Court with competent jurisdiction in Palm Beach County, Florida. 20) Compliance with Laws. Each party to the Agreement shall comply with all applicable laws and regulations. Purchaser will not directly or indirectly export or re- obtaining appropriate authorizations from the U.S. Department of Commerce or other U.S. government agency and will otherwise comply with all U.S. export control laws applicable thereto. 21) Entire Agreement. These terms and conditions constitute the entire agreement between Crossmatch and Purchaser with respect to the sale and purchase of the Products and license of the Software and shall supersede all prior agreements, understandings and representations between Purchaser and Crossmatch, both written and oral, with respect to the subject matter hereof. No additions or modifications of this Agreement or any Exhibit hereto shall be effective unless made in writing and signed by the authorized representatives of Crossmatch and Purchaser. Crossmatchme any provision of this Agreement shall not constitute a waiver of Crossmatch provision(s) of this Agreement is determined to be invalid, illegal, or otherwise unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. PURCHASER ACKNOWLEGEMENT: By: Name: Title: Date: ________________________________ 6 December 2015 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com CREDIT CARD AUTHORIZATION FORM By signing this form you confirm you are an authorized representative to make binding commitments on behalf of your company/firm. It is therefore by your signature below that you are authorizing Cross Match Technologies, Inc. to charge the below credit card for the amount stated below in addition to any applicable tax. If your company is a tax exempt entity, please provide your tax exemption certificate. Company Name: ______________________ Invoice/SO #: _________________________ Amount Authorized: USD$_______________ Credit Card Type: Visa Master Card American Express Is this a Government wide Commercial Purchase Card? Yes No Credit Card Number: _____________________________________ Expiration Date: _______________ Sec Code: _____________ Credit Card Complete Billing Address: ___________________________ __________________________ ___________________________ Signature: _____________________ Date: ______ Printed Name_____________________________ Title ____________________________________ 7 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com Upgrade/Trade Up Survey To facilitate the upgrade process, please answer the following questions Customer Name: City Of Delray Beach State: Contact Name: Marlo Dahl Phone Number: +1 561 243-7865 Current Scanner Model:1000P Scanner Serial number:000240309.C2006 (If scanner is an ID500 please provide the Rev #) How is your scanner connected to your computer? FIREWIRE What Agency are you submitting records to? FDLE How do you submit your records? Electronically Is your current system operational & submitting electronic records? Yes Software Demographic interface? No If Yes, please enter RMS vendor name, and contact information for this vendor. Not currently interfaced but we may be adding interface with SunGard OSSI if Delray Beach orders the interface. Child ID software No If Yes, please enter version: What Cross match Software version are you currently using? 6.7 (click on Help>About in the Cross Match software and you will find the version of software) For the purpose of determining if online training or support is an option; do you have internet access by way of Hi-speed wide band internet connection? Yes If not, can your IT personnel implement temporary access by opening necessary ports in order to allow such training or support? Hardware Is Your Live Scan device configured in a console? Yes (If YES, please provide a picture of the console with the completed form) 8 01780224 Quote Number: July 08, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com Desk Top computer Yes Do you want the same for replacement system Yes Lap Top computer No Do you want the same for replacement system FBI certified Printer Yes If Yes, please enter make and model: Xerox Phaser 4510 Do you want reuse or replace? Replace Camera No If Yes, please enter make and model: Do you want reuse or replace? Flatbed scanner No If Yes, please enter make and model: Do you want reuse or replace Driver license reader Yes If Yes, please enter make and model: Magtek Do you want reuse or replace Replace Signature pad No If Yes, please enter make and model: Do you want reuse or replace? 9 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com David Bronger GSA Account Manager: Sales Channel: (866) 260-2763 Open Phone: Status: +1 5612843461 Simple Mobile: Type: (561) 828-8018 Fax: dave.bronger@crossmatch.com Email: City Of Delray Beach City Of Delray Beach Bill To Name: Ship To Name: Marlo Dahl Contact: Marlo Dahl Contact: +1 561 243-7865 Phone: +1 561 243-7865 Phone: dahl@mydelraybeach.com Email: dahl@mydelraybeach.com Email: Police Department, 300 West Atlantic Police Department, 300 West Atlantic Bill To: Ship To: Avenue Avenue DELRAY BEACH, Florida 33444 DELRAY BEACH, Florida 33444 United States United States Item Product Part Number Quantity Sales Total Price Price Basis Price 1 SOFTWARE, XML BASED 850085 1 $1,500.00 $1,500.00 Open Market DEMOGRAPHIC DATA INTERFACE, LIVE SCAN 2 INSTALLATION, IN FLORIDA - LIVE 930012 1 $1,500.00 $1,500.00 Open Market SCAN SYSTEM Grand Total: $3,000.00 1 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com bƚƷĻƭʹ ŷźƭ ƨǒƚƷĻ źƭ Ʒƚ ğķķ /Ʃƚƭƭ ağƷĭŷ ƭźķĻ ƚŅ źƓƷĻƩŅğĭĻ Ʒƚ ǞƚƩƉ ǞźƷŷ {ǒƓŭğƩķ h{{L ğƓķ ƚǒƩ C5\[9 /ƩźƒźƓğƌ ƦƩźƓƷ ƚƓƌǤ ƭƚŅƷǞğƩĻ͵ 2 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 QuoteExpiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com STANDARD SALES TERMS AND CONDITIONS Purchase Order #______________________ 1) Terms of Order Number GS-35F-0199R or if there is an existing signed agreement between Purchaser and Crossmatch with respect to the products to be purchased. Notwithstandi event shall the pre-printed terms and conditions of any Purchase Order alter, amend or supersede any provision of this Agreement. In the case of any conflict between the terms of a Purchase Order and the terms of this Agreement, the terms of this Agreement shall prevail. An omission of reference to this Agreement in a Purchase Order shall not affect the application of this Agreement to such Purchase Order. 2) Prices. Unless otherwise indicated, prices for products and associated support services are firm fixed price (FFP). Pricing remains valid for 90 calendar days from the date of quotation, unless otherwise specified by Quote Expiration above. All sales are final; no refunds, credits or exchanges will be accepted. The price for the products does not include sales, use, excise or similar taxes assessed at any time. All applicable taxes shall be paid by Purchaser including applicable sales tax unless a valid sales tax exemption certificate is provided. 3) Shipment: Shipment date(s) provided in the quotation or in confirmation of the Purchase Order is/are approximate and subject to change. Crossmatch shall not be liable for any delays in shipment which are caused by events beyond the control of Crossmatch including, but not limited to, delays caused by inaccurate or incomplete data, changes or revisions in the work to be rikes, inability to obtain labor or materials, or delay in transportation. 4) Storage: Once Purchaser has been notified that its order is ready for shipment, if Purchaser requests that the order (in whole or in part) not be shipped until a later date, the equipment will be segregated from other inventory. Purchaser will be required to execute CrossmatchCrossmatch to Purchaser. Purchaser is responsible for all costs associated with shipping the equipment to a storage facility or from said storage facility to the destination point in addition to all costs associated with insurance and storage fees. 5) Title & Risk of Loss: CrossmatchCrossmatch and insurance. Title to all equipment and risk of loss, deterioration or damage shall pass to Purchaser upon delivery to a carrier; except that a security interest in the equipment or any replacement shall remain in Crossmatch's name until the full purchase price has been received by Crossmatch. Any claim by Purchaser against Crossmatch for shortage or damage occurring prior to delivery must be made in writing within ten (10) calendar days after receipt of shipment and accompanied by an original transportation bill signed by the carrier noting that carrier received goods from Crossmatch in the condition claimed. Crossmatch shall have the right to ship all goods at one time or in portions, within the time for shipping provided in such order, unless specifically requested in writing by the Purchaser that these shipments be made in total by a date certain. Any shipments returned to Crossmatch or failure to accept delivery will require Purchaser to pay all additional costs incurred by Crossmatch, including any storage costs as discussed above. 6) Excusable Delays: Crossmatch shall not be liable for any failure to continue to perform as required or meet the delivery date if such failure is due to the non-performance of the Purchaser or third party and/or due to a reason beyond its reasonable control. Such events also include without limitation, acts or omissions of carriers, labor difficulties, shortages, Force Majeure, lack of, incomplete or inaccurate information provided by the Purchaser, or any other cause that is outside of Crossmatch Parties will mutually develop a critical path in which performance and/or schedule is re-defined and any equitable adjustment in price is finalized. 7) Changes: Purchaser may make changes to the specific products/services being ordered, quantity, schedule and/or, the customization requirements of a product or service or any other provision of the Purchase Order or quotation providing such change is communicated in advance and in writing to Crossmatch. If any such change causes a change in the price, schedule or other provision of the quote or Purchase Order, Crossmatch shall notify Purchaser in writing no later than five (5) days from the date of receipt by Crossmatch of such request from Purchaser. Crossmatch will submit a Request for Equitable Adjustment or Change Order proposal which the Parties shall mutually negotiate and such will be incorporated into the Purchase Order or quotation by written bi-lateral Amendment or C 8) Installation and Training. If installation and training services are purchased, Purchaser shall appoint a contact person to coordinate the installation to be performed by Crossmatch, its agent or contractor. The number of days allocated, and charges for installation and training are stated herein. If Crossmatch cannot complete the installation or extensions into additional days or additional eyond the reasonable control of Crossmatch such as, but not limited to, Purchaser network problems, Purchaser firewall problems or delays of schedule due to unavailability of Purchaser resources, Purchaser shall be responsible for additional charges required to complete the installation. Such charges shall be billable at Crossmatch Purchaser cancels or re-schedules on-site installation and/or training within 14 days of the originally scheduled installation. Upon completion of installation and training (including delivery of the training materials), Purchaser agrees to sign Crossmatch Services Acceptance Form acknowledging receipt of installation and training services within fifteen (15) days from the completion date. If Purchaser fails to respond within fifteen (15) days from the completion date, installation and traiing will be deemed accepted. 3 December 2015 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 QuoteExpiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com 9) Limited Warranty: Crossmatch warrants that the hardware products purchased will be free from defects in material and workmanship in normal service and under normal conditions for a period of one (1) year from the date of shipment. Normal service and normal conditions are defined within the product documentation. The Limited Warranty is subject to the specific terms and conditions set forth in the warranty documentation, which is hereby made part of and incorporated into the quotation. 10) Silicon Product Use Restrictions: TouchChip Silicon Fingerprint Sensor Products, including but not limited to touch and dix 1 and incorporated by reference herein. When applicable products are purchased, Purchaser shall adhere to the Field of Use Restrictions set forth in Appendix 1 and shall require any of its distributors, resellers, developers or sales representatives to comply with such Field of Use Restrictions. Any material or repetitive breach of the restrictions contained in Appendix material breach. 11) Software License software or interfaces developed by Crossmatch for Purchaser and if applicable, Crossmatch software. Purchaser will be required to accept Crossmatch The terms and conditions which govern the right and usage of the software are set forth in the license documentation, which is hereby made part of and incorporated into the quotation. 12) Equipment Upgrade: Equipment upgrades are not covered under the limited warranty and are subject to independent pricing and terms and conditions, as deemed applicable by the nature of the upgrade activity. 13) Equipment Maintenance Plan: Purchaser may purchase a Crossmatch Advantage Maintenance Plan for the hardware products. . The Maintenance Plan is contracted for annually at the then prevailing price and can be renewed for a period of years mutually agreed to by the Parties, The Maintenance Plan is subject to the specific terms and conditions set forth in the Maintenance Plan documentation, which is hereby made part of and incorporated into the quotation. 14) Software Maintenance Plan: Purchaser must buy the Crossmatch Advantage Software Maintenance plan for all applicable Crossmatch software products. Crossmatch will provide maintenance services for the current and future Major Release of the Software for a period of twelve (12) months for each term of the Software Mai the Software that in Crossmatch different architecture.Crossmatch will receive Company reported defects or issues 24 hours a day, 7 days a week and acknowledge any such reported defect or issue within two (2) hours and use best efforts to address and remedy such defect or issue. At no additional cost to Company, Cross Match will deliver to Company, as made commercially available by Cross Match, bug fixes, Maintenance updates, state- 15) Invoicing and Payment. Crossmatch will invoice Purchaser for all Products, (including services), and Maintenance Plans. All Maintenance Plans are invoiced annually in advance are are non-refundable. All Crossmatch invoices for Products must be paid in full by Purchaser prior to shipment. Any other payment arrangement must be pre-approved by Crossmatch in writing. All sales are final; no refund, credits or exchanges will be accepted Crossmatch. A late charge of the lesser of 1.5% per month or the maximum amount permitted by law, will b court costs and service charges incurred by Crossmatch in collecting payment will be an expense of and charged to Purchaser Purchaser may be required to complete a credit application. Crossmatch reserves the right to extend credit to the Purchaser based upon credit determination. Specific financing arrangements will be considered on a case by case basis and the terms and conditions for such will be defined by Crossmatch and binding upon the Purchaser. Crossmatch shall have the right to suspend performance, including the non-shipment of product, under a specific Purchase Order and/or any other Purchase Order(s) where Purchaser has failed to maintain its account within agreed to credit terms. Crossmatch shall resume performance under said Order(s) upon verified receipt of the required funds, as determined by Crossmatch. Purchaser hereby agrees to waive all rights to seek damages and/or other remedies against Crossmatch if Crossmatch provision have an adverse impact upon Purchaser and/or its ability to perform and/or meet business obligations. In addition, Crossmatch shall have the right to cancel or hold any and/or all orders placed by Purchaser and any and/or all shipments of the Product, regardless of any prior confirmation or acceptance by Crossmatch, if: (a) Purchaser is or becomes insolvent, (b) Purchaser makes an assignment for the benefit of cred is the subject of a bankruptcy or reorganization proceeding, whether voluntary or involuntary. 16) Indemnification. By Purchaser. Purchaser shall indemnify, defend and hold Crossmatch and its respective directors, officers, employees and agents harmless against any and all losses, claims, damages or expenses (including reasonable attorne fees) arising out of or related to: (i) any personal injury to or death of any person or persons, any loss or damage of any property or any ts employees or independent contractors) negligent operation and/or related use or misuse of the Product; (ii) use of any equipment not provided or approved for use with the Product by Crossmatch. By Crossmatch. Crossmatch hereby agrees to indemnify, defend and hold Purchaser harmless from and against any and all claims, demands, actions, costs, liabilities and losses resulting from the Software or other Product infringing a United States patent, copyright or trademark or misappropriating the trade secret of a third party provided that: (i) Purchaser promptly notifies Crossmatch in writing of the claim; (ii) Crossmatch has control of the defense and all related settlement negotiations, provided however that Purchaser must approve in writing any settlements before they are executed (provided, however, that Purchase shall not unreasonably withhold its 4 December 2015 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 QuoteExpiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com approval thereof); and (iii) Purchaser fully cooperates with Crossmatch, at Crossmatch's cost, in the defense or settlement of such actions. Crossmatch's obligation under this Article is conditioned on Purchaser's agreement that if the Software, or the use or operation thereof, becomes, or in Crossmatch's opinion is likely to become, the subject of such a claim, Purchaser will permit Crossmatch at Crossmatch's option and expense, either to procure the right for Purchaser to continue using the Software or to replace or modify the same so that it becomes non infringing. If neither of the foregoing alternatives is available on terms which are reasonable in Crossmatch's reasonable judgment, then (1) Purchaser will return or destroy the Software on written request of Crossmatch; and (2) Crossmatch shall pay Purchaser an amount equal to the amount paid for the Software less an amount equal to the current depreciation of such Software (such depreciation amount calculated on a straight line basis over four years commencing on the Effective Date). The foregoing indemnity extends to Purchaser only and states the sole and exclusive liability and remedy of the parties hereto for patent infringement, and is in lieu of all warranties, express, implied, or statutory, in regard thereto. 17) Limitation of Liability. IN NO EVENT SHALL Crossmatch BE LIABLE TO PURCHASER FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE, OR THE DELIVERY OF, OR FAILURE TO DELIVER, THE PRODUCT, EVEN IF Crossmatch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE ENTIRE LIABILITY OF Crossmatch FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE SUBJECT OF SUCH CLAIM OR CAUSE OF ACTION. Except as to title, all such liability shall terminate upon the expiration of the original applicable warranty period. 18) Intellectual Property and Use Limitations. The sale of the Product to Purchaser does not convey to Purchaser any intellectual property rights in the Product or Software, including but not limited to any copyright, patent or trademark rights (except for any license rights granted hereunder). Further, the sale of the Products confers on Purchaser no license, express or implied, by estoppel or otherwise, under any patents of Crossmatch or others covering or relating to any other product or invention or any combination, machine, or process in which such Product might be used. All intellectual property rights in the Products and Software, any documentation therefore, and other materials supplied by Crossmatch, are owned by Crossmatch and are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. 19) Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Florida, without reference to its conflict of laws provisions. All disputes arising hereunder shall be heard only by a Florida State court or U.S. District Court with competent jurisdiction in Palm Beach County, Florida. 20) Compliance with Laws. Each party to the Agreement shall comply with all applicable laws and regulations. Purchaser will not directly or indirectly export or re- obtaining appropriate authorizations from the U.S. Department of Commerce or other U.S. government agency and will otherwise comply with all U.S. export control laws applicable thereto. 21) Entire Agreement. These terms and conditions constitute the entire agreement between Crossmatch and Purchaser with respect to the sale and purchase of the Products and license of the Software and shall supersede all prior agreements, understandings and representations between Purchaser and Crossmatch, both written and oral, with respect to the subject matter hereof. No additions or modifications of this Agreement or any Exhibit hereto shall be effective unless made in writing and signed by the authorized representatives of Crossmatch and Purchaser. Crossmatch shall not constitute a waiver of Crossmatch provision(s) of this Agreement is determined to be invalid, illegal, or otherwise unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. PURCHASER ACKNOWLEGEMENT: By: Name: Title: Date: ________________________________ 5 December 2015 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com CREDIT CARD AUTHORIZATION FORM By signing this form you confirm you are an authorized representative to make binding commitments on behalf of your company/firm. It is therefore by your signature below that you are authorizing Cross Match Technologies, Inc. to charge the below credit card for the amount stated below in addition to any applicable tax. If your company is a tax exempt entity, please provide your tax exemption certificate. Company Name: ______________________ Invoice/SO #: _________________________ Amount Authorized: USD$_______________ Credit Card Type: Visa Master Card American Express Is this a Government wide Commercial Purchase Card? Yes No Credit Card Number: _____________________________________ Expiration Date: _______________ Sec Code: _____________ Credit Card Complete Billing Address: ___________________________ __________________________ ___________________________ Signature: _____________________ Date: ______ Printed Name_____________________________ Title ____________________________________ 6 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com END USER LICENSE AGREEMENT Software License. Cross Match Technologies, Inc., and its affiliates, including but not limited to DigitalPersona, Inc. /ƩƚƭƭƒğƷĭŷ hereby grants to End User a non-exclusive, non-transferable, revocable license to use the Software programs and associated documentation. Each licensed copy of the Software may be used only at one location, and on one End User controlled or owned computer specifications for use with the Software. End User may terminate this EULA at any time. This EULA will terminate automatically upon breach of any of the provisions of this EULA. Upon termination or expiration of this EULA, all rights to use the Software will cease, and End User shall promptly destroy the original and all copies of the Software in End Unauthorized Use of the Software. End User shall not, and shall not allow any third party to, (i) alter, modify or adapt the Software, including but not limited to translating, decompiling, disassembling, reverse engineering or creating derivative works; (ii) copy the Software (except that End User may make a reasonable number of copies of the Software, for inactive back-up and archival purposes and each such copy will shall contain any copyright notices); or (iii) remove any copyright notice; or (iv) sublicense, assign or transfer whether through a network, service bureau, lease, loan, or otherwise, the Software or its documentation, or any derivative work or copies thereof, in whole or in part. Warranties{ƚŅƷǞğƩĻ ğƩƩğƓƷǤ tĻƩźƚķ Crossmatch warrants that the Software, when used as permitted under this Agreement, will operate substantially as exclusive remedy for any breach of this warranty, use commercially reasonable efforts to remedy any reproducible error in the Software reported to Crossmatch by Company in writing during the Software Warranty Period, or, if such error is material and Crossmatch determines that it is unable to remedy the error, Crossmatch will refund to Company all License Fees paid by Company, in which case this Agreement will immediately terminate. EXCEPT FOR THE LIMITED TCH HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CROSSMATCH DOES NOT WARRANT OR REPRESENT THAT THE SOFTWARE OR DOCUMENTATION WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Limitation of Liability. IN NO EVENT SHALL CROSSMATCH BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY OF THE CROSSMATCH PRODUCTS OR SERVICES, EVEN IF CROSSMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE ENTIRE LIABILITY OF CROSSMATCH FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE THAT IS THE SUBJECT OF SUCH CLAIM OR CAUSE OF ACTION. Page 7 of 11 Cross Match Technologies, Inc. Confidential and Proprietary End User License Agreement Dec 2014 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com Intellectual Property and Use Limitations. The license of the Software to End User does not convey to End User any intellectual property rights in the Software, including but not limited to any copyright, patent or trademark rights. Further, the sale of the Products confers on End User no license, express or implied, by estoppel or otherwise, under any patents of Crossmatch or others covering or relating to any other product or invention or any combination, machine, or process in which such Product might be used. Third Party SoftwareŷźƩķ tğƩƷǤ tƩƚŭƩğƒƭ ŷźƩķ tğƩƷǤ \[źĭĻƓƭĻ Licenses are typically found in a Readme file or the Third Party License file in the Software. This EULA does not alter any rights or obligations End User may have under Third Party Licenses. Third Party nything to the contrary in their respective Third Party Licenses, the Disclaimer of Warranties and Limitation of Liabilities provisions shall apply to Third Party Programs. Compliance with Laws. End User shall comply with all applicable laws and regulations. End User will not directly or indirectly export or re- obtaining appropriate authorizations from the U.S. Department of Commerce or other U.S. government agency and will otherwise comply with all U.S. export control laws applicable thereto. Audit Rights. End User agrees that from time to time, but no more frequently than once per year, and upon at least udit the use of the Software for compliance with the terms of this EULA. Governing Law. This agreement shall be governed by the law of the State of Florida without reference to its conflict of laws provisions. The End User and Crossmatch consent and agree to the jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida, USA. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND. The Software and any accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government and agencies thereof is subject to restrictions set forth herein and in subparagraphs (c)(1) and (2) of 48 CFR 52.227-19, Commercial Computer Software- Restricted Rights, as applicable (or, as applicable, similar regulatory restrictions on Rights in Technical Data and Computer Software, e.g., DOD FAR Supplement 252.227-7013 (c)(1)(ii)). Manufacturer is Cross Match Technologies, Inc., 3950 RCA Blvd, Suite 5001, Palm Beach Gardens, FL 33410. Page 8 of 11 Cross Match Technologies, Inc. Confidential and Proprietary End User License Agreement Dec 2014 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com CROSSMATCH ADVANTAGE SOFTWARE MAINTENANCE PLAN 1. SCOPE OF COVERAGE. The following sets forth the terms and conditions under which Cross Match Technologies, Inc., and its a/ƩƚƭƭƒğƷĭŷ, will provide ağźƓƷĻƓğƓĭĻ tƌğƓ. Each Maintenance Plan is for a period of twelve (12) months. Maintenance fees Crossmatch will provide the following: 2.1. Maintenance. Crossmatch will use commercially reasonable efforts to acknowledge and address reported and reproducible material defects in the Software which prevent the Software from performing substantially in accordance ķĻŅĻĭƷ ƚƩ źƭƭǒĻ. hours a day, 7 days a week and acknowledge any such reported defect or issue within two (2) hours and use best efforts to address and remedy such defect or issue. At no additional cost to Purchaser, Crossmatch will deliver to Purchaser, as made commercially available by Crossmatch, bug fixes, maintenance updates and Major Releases for the ƦķğƷĻƭ. rovides substantial new features, additional functionality, or makes use of different architecture. At its expense and as deemed appropriate by Crossmatch in its sole discretion, Crossmatch will furnish Purchaser with revised Documentation (including release notes identifying each change) with each Update. 2.2 Resolution. Except as otherwise expressly set forth herein, Crossmatch will use commercially reasonable efforts to resolve each reported defect or issue with the Software by providing either: (i) a reasonable work around, which may consist of specific administrative steps or alternative programming calls; (ii) an object code patch to the Software; or (iii) a specific action plan regarding how Crossmatch intends to address the reported defect or issue and an estimate on how long it may take to remedy or work around the error or issue. Purchaser acknowledges that in order integrator or consultants) relating to the Software or which may impact the performance of the Software. Purchaser agrees to provide access, assistance and information to Crossmatch as required to resolve defects or issues with the Software. 2.3 Other Defects and Issues. If Purchaser reports a defect or issue with the Software that is scheduled by Crossmatch to be addressed in a later Update, Crossmatch may address such defect or issue in such Update. Purchaser agrees to ndard rates for all effort expended towards resolution of any defect or issue which is later determined to result from any cause other than an error or issue in the Software. 3. SUPPORT LINES. 3.1 First Line Support. Purchaser shall establish and maintain the organization and processes to provide first line all include: (a) a direct response to Page 9 of 11 Cross Match Technologies, Inc. Confidential and Proprietary Advantage Software Maintenance Plan Dec 2014 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com functionality or operation of the Software; (b) a diagnosis of problems or performance deficiencies in the Software; and (c) a resolution of problems or performance deficiencies in the Software. 3.2 Second Line Support. Crossmatch shall maintain the organization and processes necessary to provide second line support for the Software to Purchaser. Such second line support shall be provided to Purchaser only if, after reasonable commercial effort, Purchaser is unable to diagnose and/or resolve problems or performance deficiencies in the Software. Second line support will be provided to designated and trained representatives of Purchaser. end users. In order to assist Crossmatch in providing such second line support, Purchaser will provide Crossmatch with the a of remote administration tools relating to the Software. Second line support will be provided primarily through web- based support services and through telephone support in English utilizing VOIP or direct dial voice connection toll free in the United States and Canada at (866)276-7761, internationally at +1-561-622-9210 or by email at CMCC@crossmatch.com. 4. WARRANTY. 4.1 Limited Warranty. Crossmatch represents and warrants that the Maintenance provided hereunder shall be provided in a professional and workmanlike manner; pr - perform such Maintenance in accordance with the foregoing warranty. 4.2 Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 4.1, ALL DELIVERABLES AND SERVICES PROVIDED BY CROSSMATCH PURSUANT TO THIS MAINT, AND CROSSMATCH AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CROSSMATCH AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE OR MAINTENANCE WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE MAINTENANCE OR THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABIILITY, OR OTHERWISE. COMPANY ACKNOWLEDGES THAT CROSSMATCH IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN CROSSMATCH, INCLUDING ITEMS SUPPLIED OR SERVICES PERFORMED BY COMPANY. 5. SERVICE LIMITATIONS. The Maintenance does not include, nor will Crossmatch be obligated to provide, services required as a result of: (a) any modification, reconfiguration or maintenance of the Software not performed or standards for such as set forth in the applicable Documentation; (c) any third party hardware or software not supported or embedded by Crossmatch; (d) any configuration of the Software (or hardware configurations) other than as recommended by Crossmatch; (e) changes in the communications network protocol and configuration parameters p data; (g) data recovery from back up due to hardware failure; (h) data loss, damage, destruction distortion, erasure, corruption or alternation from any cause Page 10 of 11 Cross Match Technologies, Inc. Confidential and Proprietary Advantage Software Maintenance Plan Dec 2014 01160258 Quote Number: December 07, 2015 Quote Created: July 29, 2016 Quote Expiration: Crossmatch 3950 RCA Blvd Suite 5001 Palm Beach Gardens, FL 33410 US HeadQuarters: 561 622 1650 http://www.crossmatch.com whatsoever (including but not limited to computer virus); (i) upgrades or changes in the comput hardware or software including but not limited to the operation system or storage control software or storage Software other than as expressly permitted under the Agreement. Purchaser is responsible for removing all Purchaser data and/or personally identifiable information from any files prior to providing them to Crossmatch. All data and or personally identifiable information received by Crossmatch will be erased by Crossmatch in a manner so as to be unrecoverable. 6. TERM AND TERMINATION. This Maintenance Plan shall remain in effect for one (1) year from the Delivery Date. This Maintenance Plan shall automatically renew for additional one (1) year periods, unless either party provides notice of cancellation of Maintenance to the other party at least thirty (30) days prior to the anniversary date of this Agreement. Purchaser may terminate this Maintenance Plan if Crossmatch materially breaches the terms of this sole and exclusive remedy shall be to receive a refund in an amount equal to the most-recent maintenance fee paid by Purchaser to Crossmatch multiplied by a fraction, the numerator of which is the number of whole months remaining in the then current maintenance period and the denominator of which is twelve (12). The expiration or termination of this Maintenance Plan shall not terminate or otherwise affect the Agreement. Page 11 of 11 Cross Match Technologies, Inc. Confidential and Proprietary Advantage Software Maintenance Plan Dec 2014 Type:XML Demographic Import InterfaceReceiving Agency Mugshot Requirements (check one): / 1.Scope: 2.CMT Detail of Products and Services : Exhibit A 2.1.Software Interface Mugshot Best Practices Additional Information on Mugshot Best Practices: Figure 1 From ANSI/NIST-ITL 1-2007 (Part 1) 2.2.Data Integrity 3.Responsibilities and Implementation Procedures 3.1.CMT Responsibilities 3.1.1.Provide Standard Tier One Requirements Package 3.1.2.Pre-Implementation Testing Purchased at Time and Material 3.1.3.Functional Demonstration 3.2.Customer Responsibilities 3.2.1.Coordinate with RMS Vendor 4.Cost to Develop XML Demographic Import Interface 5.Software Maintenance Exhibit B 6.Software License Agreement Exhibit C CROSSMATCH TECHNOLOGIES, INC.CUSTOMER: Signature Signature: Name Name: Title Title: DateDate City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-599,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 AWARD OF A PURCHASE FOR DATA STORAGE UNITS AND SUPPORT MAINTENANCE TO KATEK SOLUTIONS Recommended Action: Motion to Award a purchase order to Katek Solutions for data storage units and one year of support maintenance in the amount of $32,679.46 Background: On May 16, 2016, Purchasing issued an Invitation to Bid No. 2016-113L for the purchase of a Dell PowerVault 10GB data storage unit and on-going 24x7 support maintenance. Six responses were received. The bids sumitted by Unitek Information Technologies and CDW Government did not provide the required forms and information requestesd in the ITB and were deem non-responsive and non-responsible. Katek Solutions was the lowest responsive, responsible bidder. This unit will provide failover management of redundant data paths between the City server and the storage facility in Jacksonville, Florida and is required in order to secure City data in the event of a network security breach, emergency, or natural disaster such as a hurricane. In keeping with the City's sustainability initiative, this Dell PowerVault Model 3800i has an 'Energy Star' Data Center Storage designation. This motion to award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (A) (1) Competitive Bids. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from IT account 334-6111-519.64-11 Equipment Maintenance. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-600,Version:1 TO: Mayor and Commissioners FROM:Theresa Cantore, Treasurer Jeff Snyder, Assistant CFO Jack Warner, CFO THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 CONTRACTWITHPNCBANKFORBANKINGSERVICESUTILIZINGASOUTHBROWARD HOSPITAL DISTRICT CONTRACT IN A NOT-TO-EXCEED AMOUNT OF $130,000. Recommended Action: MotiontoapproveanAgreementwithPNCBankforcomprehensivebankingservicesusingthe South Broward Hospital District contract. Background: Inourcontinuingreviewofoperations,FinancedeterminedthattheCitywillobtainoperating efficienciesandserviceimprovementsbyupdatingourexistingbankingrelationship.Aftera comprehensivereviewofmultipleotherentitiescontracts,Financerecommendsimplementingthis updatebyutilizingacooperativepurchasingcontractforalargegovernmentaldistrict.TheSouth BrowardHospitalDistrictcontractwillprovidetheCitywithacombinationofreducedfeesandan increaseininterestrateswithacombinedsavings/profitsgainofapproximately$35,000peryear. TheCitywillalsobeabletogenerateadditionalrevenuethroughtherebateprogramforuseof procurementcreditcards(PCards);withtheopportunitytoexpandtheCityPCardprogramforeven better accountability and returns. Thealternativetothiscooperativeprocurementapproachwouldhavebeenafullbankingservices RFP.GiventheintenseadditionaleffortsthatwillberequiredoftheFinanceDepartmentduringthe transitiontothenewERP(enterpriseresourceplanning)systemfinancialsoftware,thetimeand effortnecessarytoconductsuchanRFPisnotjustifiedbyanyassociatedbenefit.TheCity's bankingrequirementsarenotunique;theuseoftherecommendedcooperativepurchasing agreementwillprovidethenecessarysavingsandrevenuegrowthopportunitieswithoutnegatively affecting the ERP migration schedule. ThisawardisinaccordancewiththeCodeofOrdinances,Chapter36,Section36.02(C)(7) “UtilizationofOtherGovernmentalEntities’Contracts.”TheSouthBrowardHospitalDistrictcontract hasanexpirationdateofMay1,2018.Acopyofthiscontract,theRFPfromwhichitresulted,and theletterfromPNCconfirmingthattheDelrayBeachratesareaslowasanyotherclientsinfliorida for similar services. City Attorney Review: City of Delray BeachPage 1 of 2Printed on 6/17/2016 powered by Legistar™ File #:16-600,Version:1 Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available in account 001-1511-513-31.90. Timing of Request: The existing agreement with Bank of America expires September 30, 2016. City of Delray BeachPage 2 of 2Printed on 6/17/2016 powered by Legistar™ SOUTH BROWARD HOSPITAL DISTRICT REGULAR MEETING OF THE BOARD OF COMMISSIONERS OF THE SOUTH BROWARD HOSPITAL DISTRICT INCLUDING REPRESENTATIVES OF THE MEDICAL STAFF OF EACH OF ITS HOSPITALS December 5, 2012 A Regular Meeting of the Board of Commissioners of the South Broward Hospital District (S.B.H.D.) was held at Memorial Regional Hospital, in Perry Auditorium, December 5, 2012, at 5:30p.m. The following members were present: Mr. Hobel Florido Chairman Mr. Jose Basulto Vice Chairman Ms. Laura Raybin MillerSecretary Treasurer(telephonically) Mr. Alfredo Avalos Ms. Kathy Durham Mr. Albert C. Jones Ms. Sara E. Wolfer A registration sheet listing all attendees is on file in the Executive Office. 1. CALL TO ORDER There being a quorum present, the meeting was called to order by Mr. Hobel Florido, Chairman. It was noted that Commissioner Miller was connected to the meeting telephonically and has requested telephonic participation in the meeting due to exceptional circumstances. Ms. Wolfer moved, seconded by Mr. Basulto, that THE BOARD OF COMMISSIONERS APPROVE THAT COMMISSIONER MILLER ATTEND THE MEETING TELEPHONICALLY DUE TO EXCEPTIONAL CIRCUMSTANCES The motion unanimously. carried 2. APPROVAL OF MINUTES a. Regular Meeting Held October 24, 2012 Mr. Avalos by Mr. Jones, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE MINUTES OF THE REGULAR MEETING HELD OCTOBER 24, 2012 The motion unanimously. carried Board of Commissioners December 5, 2012 Page 2 3. REPORTS TO THE BOARD; REPORTS FROM BOARD OFFICERS AND STANDING COMMITTEES a. Finance Committee; Mr. J. Basulto, Chairman Minutes of Meeting Held 11/15/12 Mr. Basulto presented the Minutes of the Finance Committee meeting held November 15, 2012, a copy of which is on file in the Executive Office (1) Request Board Acceptance of the 403/457 Plans Investment Performance Reports for the Quarter Ending September 30, 2012 and the Flash Report for Period Ending October 31, 2012 Mr. Jones by Ms. Wolfer, that moved, seconded THE BOARD OF COMMISSIONERS ACCEPT THE 403/457 PLANS INVESTMENT PERFORMANCE REPORTS FOR THE QUARTER ENDING SEPTEMBER 30, 2012 AND THE FLASH REPORT FOR THE PERIOD ENDING OCTOBER 31, 2012 The motion unanimously. carried (2) Request Board Approval to Initiate Contract Negotiations with PNC Bank and if Unsuccessful, Negotiate with Bank of America to Provide Banking Services for the District for an Initial Three-Year Period Beginning May 1, 2013 and Providing for Two Additional One-Year Terms Mr. Jones by Ms. Durham, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE INITIATION OF CONTRACT NEGOTIATIONS WITH PNC BANK AND IF UNSUCCESSFUL, NEGOTIATE WITH BANK OF AMERICA TO PROVIDE BANKING SERVICES TO THE DISTRICT FOR AN INITIAL THREE-YEAR PERIOD BEGINNING MAY 1, 2013 AND PROVIDING FOR TWO ADDITIONAL ONE-YEAR TERMS The following representatives of PNC Bank came forward for introduction to the Board: Mr. Ralph Swanson, Healthcare Banking Relationship Manager, Florida; Mr. Craig Grant, Regional V.P. East Florida; Ms. Andrea Smith, Healthcare Treasury Management Officer; Florida; and Mr. Jeff Wymard, PNC Healthcare Banking Group Manager. On behalf of the team, Mr. Swanson sincerely thanked the Board for this opportunity and expressed PNCÈs commitment to exceed the SystemÈs expectations. Mr. Grant commented on PNCÈs growth in Florida, and specifically Broward County, and voiced PNCÈs excitement to partner with Memorial Healthcare System. The motion unanimously. carried Board of Commissioners December 5, 2012 Page 3 Mr. Jones by Mr. Avalos, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE MINUTES OF THE FINANCE COMMITTEE MEETING HELD NOVEMBER 15, 2012 The motion unanimously. carried In response to Mr. Florido, Mr. Muhart and Ms. Boucher discussed several external factors resulting in delayed payments to the System and impacting days in receivables. Mr. Sacco commented on the SystemÈs great fortune in having Ms. Boucher leading ARM, as the top AR executive in the state of Florida, if not the east coast of the U.S. He remarked on her successful conversion implementation, citing her as the best revenue management leader he has encountered in his career. Ms. Boucher acknowledged that she has a very good team. b. Community Relations Committee; Mr. J. Basulto, Chairman Minutes of Meeting Held 11/15/12 Mr. Basulto presented the Minutes of the Community Relations Committee meeting held November 15, 2012, a copy of which is on file in the Executive Office. Mr. Jones by Mr. Avalos, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE MINUTES OF THE COMMUNITY RELATIONS COMMITTEE MEETING HELD NOVEMBER 15, 2012 The motion unanimously. carried At this point, Mr. Jones excused himself from the remainder of the meeting. c. Contracts Committee; Mr. A. Avalos, Chairman Minutes of Meeting Held 11/26/12 Mr. Avalos presented the Minutes of the Contracts Committee meeting held November 26, 2012, a copy of which is on file in the Executive Office. (1) Request Board Approval of Renewal Employment Agreement Between S.B.H.D. and A. Sareli, M.D., Medical Director, Critical Care Mr. Piriz provided an overview of the renewal employment agreement with Aharon E. Sareli, M.D. for Medical Director of Critical Care Services. Ms. Durham by Ms. Wolfer, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE RENEWAL PHYSICIAN EMPLOYMENT AGREEMENT WITH AHARON E. SARELI, M.D., AS MEDICAL DIRECTOR OF CRITICAL CARE SERVICES Board of Commissioners December 5, 2012 Page 4 Dr. Sareli thanked the Board, Mr. Sacco, and the leadership team for their support. He stated it has been a privilege to serve as Medical Director for the past year and advised that the goal remains the same à to deliver the highest standards of evidence-based care to the patients served, while focusing on effective and efficient care throughout the System. Dr. Sareli noted that great strides have been made this year and he looks forward to making great strides in the future. The motion unanimously. carried (2) Request Board Approval of Renewal Employment Agreement Between S.B.H.D. and M. Cortelli, M.D., Chief, Adult Cardiac Surgery Program Mr. Piriz provided an overview of the renewal employment agreement with Michael Cortelli, M.D. for the provision of Adult Cardiac Surgery Physician Services as Chief of the Adult Cardiac Surgery Program. Mr. Basulto by Ms. Durham, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE RENEWAL PHYSICIAN EMPLOYMENT AGREEMENT WITH MICHAEL CORTELLI, M.D., FOR ADULT CARDIAC SURGERY PHYSICIAN SERVICES Dr. Cortelli thanked the Board, Mr. Sacco and leadership for considering his contract and stated he was proud to be a member of the Healthcare System. He reflected on the programÈs accomplishments toward the goal of becoming a comprehensive provider and leader of Cardiovascular Surgery in South Florida. He discussed achievement of a three star rating by the Society of Thoracic Surgery for the coronary bypass program and aortic valve surgery, placing MHS in the top 6% of the programs in the country. The program has also attained TAVR credentialing and CON approval for adult heart transplantation. Dr. Cortelli praised his team and the great work they have done. Mr. Sacco commended Dr. CortelliÈs outstanding and effective leadership, which has resulted in the many accomplishments of the Cardiovascular Surgery program. The motion unanimously. carried (3) Request Board Approval of Renewal Agreement Between S.B.H.D. and Sheridan Healthcorp, Inc., Anesthesia Mr. Piriz provided an overview of the renewal Medical Administrative and Professional Services Agreement with Sheridan Healthcorp, Inc. for the provision of anesthesia services, pain management performance by anesthesiologists, and patient controlled analgesia (PCA) medical services. Mr. Basulto by Ms. Durham, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE RENEWAL MEDICAL ADMINISTRATIVE AND PROFESSIONAL SERVICES AGREEMENT WITH SHERIDAN HEALTHCORP, INC. FOR THE PROVISION OF ANESTHESIA SERVICES Board of Commissioners December 5, 2012 Page 5 The motion unanimously, with the abstention of Ms. Miller. carried (4) Request Board Approval of Renewal Agreement Between S.B.H.D. and Pediatric Hospitalists of South Florida, P.A. Mr. Piriz provided an overview of the renewal Pediatric Hospitalist Physician Services Agreement, Administrative and Professional Services, with Pediatric Hospitalists of South Florida, P.A. for the provision of pediatric hospitalist physician services. Ms. Durham by Ms. Wolfer, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE RENEWAL PEDIATRIC HOSPITALIST PHYSICIAN SERVICES AGREEMENT, ADMINISTRATIVE AND PROFESSIONAL SERVICES, WITH PEDIATRIC HOSPITALISTS OF SOUTH FLORIDA, P.A. FOR THE PROVISION OF PEDIATRIC HOSPITALIST PHYSICIAN SERVICES On behalf of Pediatric Hospitalists of South Florida, P.A., Dr. Allan Greissman stated it was an honor to be here and thanked the Board and administration for the expansion of the ChildrenÈs Hospital and all of the programs they have been involved in. The motion unanimously. carried (5) Request Board Approval of Renewal Agreement Between S.B.H.D. and Pediatric Critical Care of South Florida, P.A. Mr. Piriz provided an overview of the renewal agreement for Pediatric Critical Care Professional and Administrative Services with Pediatric Critical Care of South Florida, P.A. for the provision of pediatric critical care services. Mr. Basulto by Ms. Durham, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE RENEWAL PEDIATRIC CRITICAL CARE SERVICES AGREEMENT, ADMINISTRATIVE AND PROFESSIONAL SERVICES, WITH PEDIATRIC CRITICAL CARE OF SOUTH FLORIDA, P.A. FOR THE PROVISION OF PEDIATRIC CRITICAL CARE PROFESSIONAL AND ADMINISTRATIVE SERVICES On behalf of Pediatric Critical Care of South Florida P.A., Dr. Jason Adler, Medical Director of the Pediatric ICU, thanked the Board, Mr. Sacco and Ms. Beauchesne for the endorsement of their contract. Dr. Adler stated it was a privilege to be here and work in the pediatric ICU. He discussed the growth that has occurred over the past year, including a 12 bed intermediate care unit. The motion unanimously. carried Board of Commissioners December 5, 2012 Page 6 (6) Request Board Approval of Amendment to Employment Agreement Between S.B.H.D. and A. Hussein, M.D., Director, Comprehensive Cancer Institute As the following amendments related to one another and contained elements of leadership redesign, Mr. Piriz provided a combined overview of the amendments to the Physician Employment Agreements with Atif Hussein, M.D. for physician services as Director, Hematology/ Oncology East Operations, Memorial Comprehensive Cancer Institute, and Luis Raez, M.D., for physician services as Medical Director, Hematology/ Oncology, Memorial Comprehensive Cancer Institute. Mr. Basulto by Ms. Durham, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE AMENDMENT TO PHYSICIAN EMPLOYMENT AGREEMENT WITH ATIF HUSSEIN, M.D., AS DIRECTOR, HEMATOLOGY/ONCOLOGY EAST OPERATIONS, MEMORIAL COMPREHENSIVE CANCER INSTITUTE Ms. Maggie Wiegandt, V.P. of Oncology Services for the District, and Drs. Hussein and Raez came forward to provide clarification to the Board as to the leadership structure of the Memorial Cancer Institute. Ms. Wiegandt advised that east operations would be directed by Dr. Hussein and west operations directed by Dr. Raez, with Dr. Feinstein leading the hematology group and Dr. Perez continuing to direct the Breast Cancer group. Dr. Raez will assume responsibility for overall leadership of the entire Memorial Cancer Institute. Mr. Sacco stated that Dr. Hussein is one of the finest and most compassionate clinicians in the System, and the redesign will allow him to see more patients. Dr. Raez thanked the Board for this opportunity to better serve the Healthcare System. He commented on the development of a five year plan to bring the Cancer Center to the next level and achieve national and international recognition. Dr. Hussein expressed his gratitude for the continued support he and his team have received over the past eleven years and his pleasure in seeing patients being treated in their own community. He stated the future of the Cancer Center has never been brighter, and he is very proud to be part of it. The motion unanimously. carried (7) Request Board Approval of Amendment to Employment Agreement Between L. Raez, M.D., Medical Director, Thoracic Medical Oncology Services Mr. Basulto by Ms. Durham, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE AMENDMENT TO PHYSICIAN EMPLOYMENT AGREEMENT WITH LUIS RAEZ, M.D., FOR THORACIC MEDICAL ONCOLOGY SERVICES, AS MEDICAL DIRECTOR, HEMATOLOGY/ONCOLOGY, MEMORIAL COMPREHENSIVE CANCER INSTITUTE The motion unanimously. carried Board of Commissioners December 5, 2012 Page 7 For the BoardÈs information, Mr. Piriz discussed the new physician employment agreement for Otolaryngology à Head and Neck Physician Services with Marika A. Fraser, M.D., whose compensation is within the approval authority of the President and CEO. Ms. Durham by Mr. Basulto, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE MINUTES OF THE CONTRACTS COMMITTEE MEETING HELD NOVEMBER 26, 2012 The motion unanimously. carried d. Strategic Planning Committee; Mr. H. Florido, Chairman Minutes of Meeting Held 11/26/12 Mr. Florido presented the Minutes of the Strategic Planning Committee held November 26, 2012, a copy of which is on file in the Executive Office. (1) Request Board Approval of the 2013 State Legislative Priorities and the 2013 Federal Legislative Priorities Mr. Basulto by Mr. Avalos, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE 2013 STATE LEGISLATIVE PRIORITIES AND THE 2013 FEDERAL LEGISLATIVE PRIORITIES The motion unanimously. carried Mr. Basulto by Ms. Durham, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE MINUTES OF THE STRATEGIC PLANNING COMMITTEE MEETING HELD NOVEMBER 26, 2012 The motion unanimously. carried 4. REPORT OF SPECIAL COMMITTEES None 5. ANNOUNCEMENTS None CORRESPONDENCE Ms. Durham read aloud a letter received from Governor Rick Scott commending the South Broward Hospital District Board of Commissioners for taking seriously its role to provide quality healthcare and for being good stewards of the taxpayersÈ dollars. He remarked on the BoardÈs action taken to reduce the DistrictÈs millage rate, thereby reducing the financial burden on the families in Broward County. A copy of the letter is on file in the Executive Office. Board of Commissioners December 5, 2012 Page 8 6. UNFINISHED BUSINESS None 7. BOARD REGULAR BUSINESS a. Administrative Staff (1) Quarterly Statistical Report for Period Ending October 31, 2012; Mr. F. Sacco, President and Chief Executive Officer Mr. Sacco presented the Quarterly Statistical Report for the period ending October 31, 2012, a copy of which is on file in the Executive Office. b. Financial Report; Mr. M. Muhart, Senior Vice President and Chief Financial Officer (1) Financial Report for the Month of October 2012 Mr. Muhart reviewed the Financial Report for the month of October 2012, a copy of which is on file in the Executive Office. Ms. Durham by Mr. Avalos, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE THE FINANCIAL REPORT FOR THE MONTH OF OCTOBER 2012 The motion unanimously. carried h. Legal Counsel; Ms. K. Stratos, Senior Vice President and General Counsel (1) Request Board Ratification of the Approval by the President and Chief Executive Officer of the November Medical Staff Executive Committee Reports for Each of the Hospitals that are Owned and or Operated by the South Broward Hospital District, as set forth in Board Resolution 365, Delegating Such Authority Until Further Meeting of the Board of Commissioners Mr. Basulto by Mr. Avalos, that moved, seconded THE BOARD OF COMMISSIONERS RATIFY THE APPROVAL BY THE PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE NOVEMBER MEDICAL STAFF EXECUTIVE COMMITTEE REPORTS FOR EACH OF THE HOSPITALS THAT ARE OWNED OR OPERATED BY THE SOUTH BROWARD HOSPITAL DISTRICT, AS SET FORTH IN BOARD RESOLUTION 365 DELEGATING SUCH AUTHORITY UNTIL FURTHER MEETING OF THE BOARD OF COMMISSIONERS The motion unanimously. carried Board of Commissioners December 5, 2012 Page 9 (2) Request Board Approval of Resolution 366 in Accordance with the Plan of Dissolution and Distribution of Assets of Memorial Health System of Broward, Inc. Mr. Sacco reflected on the history of Memorial Health System of Broward, Inc. and the purpose it has served since the mid-80Ès. It has been deemed this vehicle is no longer necessary going forward. Ms. Stratos read Resolution 366 aloud, a copy of which is on file in the Executive Office. Mr. Avalos by Ms. Durham, that moved, seconded THE BOARD OF COMMISSIONERS APPROVE RESOLUTION 366 AS PRESENTED The motion unanimously. carried 8. NEW BUSINESS None to report. 9. COMMISSIONERS COMMENTS The Chair recognized Mr. Kevin Janser, who extended an invitation to the Board to join in the KISS Cares for Kids Radio Thon to benefit Joe DiMaggio ChildrenÈs Hospital. The event will take thth place in the lobby of JDCH on Dec. 6 and 7 from 6:00 a.m. to 6:00 p.m. He also noted the th upcoming 25 Annual Toys in the Sun motorcycle run, which greatly benefits the ChildrenÈs Hospital. The Board was also invited to attend the kickoff event for the Tour de Broward, which will take th place on Wed., Dec. 12 at Gulfstream Park. Mr. Janser advised that this yearÈs Tour sponsor is Invicta. In response to Mr. Florido, Mr. Janser advised that $400,000 was raised at the Fairy Tale Ball, and he thanked everyone for their support. The poker tournament raised $115,000. 10. ADJOURNMENT There being no further business to come before the Board, Mr. Florido declared the meeting adjourned at 7:14 p.m. THE BOARD OF COMMISSIONERS OF THE SOUTH BROWARD HOSPITAL DISTRICT BY: ______________________________ Hobel Florido, Chairman ATTEST: ________________________________________ Laura Raybin Miller, Secretary Treasurer PNC Bank Contact Relationship TeamResponsibility Ralph Swanson Relationship Manager / Primary Bank Contact Senior Vice President Ralph will serve as the Primary day to day contact for overall client 420 S. Orange Avenue, Suite 300 relationship. Orlando, Florida 32801 407-428-3029 ralph.swanson@pnc.com Andrea B SmithCTP Treasury Management officer Vice President Andrea will serve as aresource for Memorial’s treasury 1549 Ringling Blvd management needs. Sarasota, FL 34236 941-951-4431 Andrea.b.smith@pnc.com Kelsey Hailstone Healthcare Sales Analyst/Account Manager 420 S. Orange Avenue, Suite 300 Kelsey will serve as a resource for any day-to-day service issues or Orlando, Florida 32801 questions 407-428-3039 Kelsey.Hailstone@pnc.com Jeff Greenlaw Associate Relationship Manager Assistant Vice President Jeff supports Ralph and is a resource when other members ofthe 420 S. Orange Avenue, Suite 300 team are unavailable. Orlando, Florida 32801 407-428-3045 Jeffrey.greenlaw@pnc.com Brian Worgan Senior Business Development Officer Vice President Brian is the contact for the Short-Term Investments. 2255 Glades Road Suite 140W Boca Raton, FL 33431 561-912-0458 Brian.worgan@pnc.com Executive ManagementResponsibility Florida East Regional President Craig Grant Craig is responsible for managing the Florida East market for PNC Regional President Bank. 205 Datura St West Palm Beach, FL 33401 561-803-9863 Craig.grant@pnc.com Jeffrey Wymard PNC Healthcare Group Executive Vice President Jeff is responsible for managing PNC’s National Healthcare 1600 Market St Relationship Management Team. Philadelphia, PA 19103 215-585-7360 Jeffrey.wymard@pnc.com Jean Hippert Southeast Region Director Senior Vice President Jean is responsible for managing the Southeast Healthcare Group. One East Pratt Street th 4Floor East Baltimore, MD 21202 410-561-9367 Jean.hippert@pnc.comxecutive Ma Jeff Troutman PNC Healthcare Group Executive Vice President Jeff is responsiblefor managingPNC’s National Healthcare 20 Stanwix Street 19 th Floor Treasury Management Team Pittsburgh, PA 15222 412-762-7051 Jeffrey.troutman@pnc.com Ryan Potter Southeast Area Manager 4720 Piedmont Row Drive Ryan is responsible for managing the Southeast Workplace Suite 300 Banking team. Charlotte, NC 28210 704-643-5585 Ryan.potter@pnc.com PNC Bank Contact Support TeamResponsibility Nicole Smith-ScudderWorkplace Banking 4560 Lyons RdNicole will be your contact for any Workplace Banking questions or issues. Coconut Creek, FL 33073 954-366-2064 Nicole.smith-schudder@pnc.com Kathleen Bloss Healthcare Account Manager th 20 Stanwix St, 19Floor Kathleen is responsible for supporting the Southeast PNC Pittsburgh, PA 1522 Healthcare team. 412-762-7640 Kathleen.bloss@pnc.com Nancy Anderson Team Lead for Treasury Healthcare Support Vice President Nancy is responsible for managing the daily Treasury needs of th 20 Stanwix St, 19Floor clients in the National Healthcare segment. Pittsburgh, PA 1522 412-762-9369 Nancy.anderson@pnc.com Arti Joshi Client Relationship Representative 201 East Pine Street, Suite 200 Arti assists with the loan booking and funding process, as well as Orlando, Florida 32801 ongoing client relationship/loan administrative support. arti.joshi@pnc.com PNC Capital Markets Contacts BankerResponsibility Jason Troxell Senior Banker / Primary Capital Markets Contact Mr. Troxellwill serve as the primary contact for investment Managing Director banking services. st 1600 Market Street, 21Floor Philadelphia, PA 19103 215-585-4330 jason.troxell@pnc.com Kyle PatinoDerivatives Specialist Mr. Patino will provide market commentary and analysis on the Managing Director derivative market in conjunction with any swap transactions. He st 1600 Market Street, 21Floor will provide expertise regarding the application, structure and Philadelphia, PA 19103 pricing ofany swaps, forwards, swaptions, caps, collars, and other 215-585-1204 related products. kyle.patino@pnc.com PNCHAP EALTHCARE DVANTAGE LAYBOOK CT ONTENTS AB Get to Know PNC1 PNC Healthcare ProductSuite2 Products Being Implemented3 Transmission Options4 Healthcare Advantage Provider Questionairre IOCR Advantage Pre-Implementation Questionairre5 PNC Healthcare Advantage Direct 835 Payer Pipeline6 Production Support7 PNC Pinacle Tip Cards8 PNC Glossary of Terms7 Context of Document 7 PNCFinancialServicesGroup BusinessResiliencyProgram ( Version 2012.1 1 Proprietary information pertaining to PNC Financial Services Group and associated subsidiaries) ContentOverview A.Introduction tğŭĻЌ B.GovernanceModel tğŭĻЌ C.ProgramComponents tğŭĻЌ AnalysisandPlanning tğŭĻЌ OperationalAvailability tğŭĻЍ Testing tğŭĻЍ TrainingandAwareness tğŭĻЎ Reporting tğŭĻЎ CrisisManagement tğŭĻЎ PandemicPlanning tğŭĻЎ Development tğŭĻЏ D.StrategicInvestmentsandSolutions E.StrategicPartnerships tğŭĻЏ F.IndustryTrends tğŭĻЏ ContactInformation tğŭĻЏ ( Version 2012.1 2 Proprietary information pertaining to PNC Financial Services Group and associated subsidiaries) PurposeofthisDocument ThePNCFinancialServicesGroup(PNC)wouldliketointroducekeyelementsofourBusiness ResiliencyProgram.Theprogramisdesignedtoprovidethecontinuationofbusinessprocesses, products,andserviceswithlittleornointerruptionregardlessofthescopeortypeofincident. Theprogramalsostrivestomakesurethatyourassetswillbesecureandaccessible,andthat youwillbeabletoreachusduringabusinessinterruption. A.Introduction TheBusinessResiliencyProgrammanagestheorganization'scapabilitiestocontinuetoprovide servicestoourcustomers,whichrequiresbothresiliency(theflexibilityoftheorganizationto adapttopotentialinterruptions)andrecovery(theabilitytoquicklyreturnafteradisruption). PNCprioritizesinvestmentsinpeople,processes,technology,andfacilitiesbasedonbusiness riskandcriticality.ComprehensivetestingvalidatesPNC'sresiliencyandrecoverycapabilities whileanintegratedgovernancemodelprovidestransparentmanagementreporting. Theprogramisbuiltuponthefollowingstrategicimperatives: Continuousinvestmentsinresiliencyandrecoverycapabilities Hardeningoffacilities,processes,andrecoverysolutions EliminationofsinglepointsofͷǞƚƩƉƦƌğĭĻfailures(wherefeasible) Establishmentofrecoverytimesandcontinuouseffortstoreducepossibledowntime Determinationofinternalandexternalinterdependencies Realtimemanagementofcrisisandeventresponses Testing,training,andvalidationofresiliencyandrecoverycapabilities B.GovernanceModel Theprogrammanagementmodelisdesignedtoprovidecentralizedgovernanceandoversight whileenablingbusinessownership.Centrallymanagedbusinessresiliencyguidelinesandtools provideforassessmentandmitigationofrisksanddevelopmentofresiliency/recovery strategies.Eachbusinesssegmenthasanestablishedbusinessresiliencyteamwithdefinedroles andresponsibilitiestoenableconsistentbusinessresiliencyplanningandexecutionacrossthe enterprise. C.ProgramComponents AnalysisandPlanning PNCutilizesanintegratedcollectionoftoolsandutilitiestosupportthebusinessresiliency lifecyclethatincludes:RiskAssessment,ImpactAnalysis,RiskMitigation,PlanDevelopment, PlanMaintenance,andPlanNotification.Thisapproachallowsforimprovedassessmentand ( Version 2012.1 3 Proprietary information pertaining to PNC Financial Services Group and associated subsidiaries) analysisofbusinessexposuresandimpactacrosstheenterprise,aswellastoenhancetb/ƭ eventmanagementandcrisisresponseprotocols. Thefollowingkeyobjectiveshavebeenestablished: Understandbusinessexposuresandpotentialbusinessimpact; DevelopandmaintainplansthatfacilitatetherecoveryofkeyresourcesΑpeople, processes,technology,facilities,andvendors; Providetransparentmanagementreportingregardingrecoverycapabilities,residual risk,andremediationactivities; Identifyandprioritizeenhancementopportunities; Coordinateremediationplanningandinvestmentprioritization; Facilitateriskbaseddecisionmaking;and, Developescalationcriteriaandprotocolstorespondtoamajoreventorcrisis. OperationalAvailability PNChasdevelopedawiderangeofsolutionsincludingmirroreddatacenterstorageforfailover andimmediaterecovery,networkdiversityforpointsoffailure,andredundantpowerfeedsand backupgenerators,aswellasdiversifiedandcrosstrainedhumancapital. PNCmaintainsandcontinuestoimproveintegratedrecoverysolutionsforthemainframe, distributedsystems,andnetworkenvironments,aswellasworkarearecoveryforbusiness processes.Thesesolutionsincludehighavailabilityforcriticalcustomerandclientweb applicationsandmainframeapplications,redundantnetworkandbandwidth,callcenterVoice ResponseUnit(VRU)redundancy,andexpandedinternalandthirdpartydisasterrecovery services. Testing PNCrequiresitsbusinessestovalidaterecoverystrategiesataminimumannually.Various formsoftesting/exercisesareconducted,suchasevacuationdrills,tabletopexercises, alternatesiterelocation,systemrecovery,andinfrastructurerecovery.Testsandexercisesare reviewedbybothInternalAuditandvariousregulatoryagencies.Gapsandenhancementsare trackedandsignificantitemsareraisedtotheRiskCommitteeandseniorlevelmanagementfor appropriateapprovalandaction. Annually,enterprisetechnologytestsareconductedassumingthescenariothatourprimary datacentersareinaccessible.Theseexercisesareconductedutilizingbothourinternalandthird partyprovidedrecoverylocationsinarealtimeenvironmentspanningmainframe,distributed systems,infrastructure,customerconnectivity,anddatavalidation. ( Version 2012.1 4 Proprietary information pertaining to PNC Financial Services Group and associated subsidiaries) TrainingandAwareness PNCprovidesbusinessresiliencyplanningawarenessviainternalmeetingswithlinesof business,executivecommitteereviews,employeeforums,andinternalwebsites.Additionally, trainingguideshavebeendevelopedandaremaintainedonlinetoenhanceaccessibilityforthe useoftheBusinessResiliencyplanningtools. Reporting ManagementReportingisanintegratedpartoftb/ƭBusinessResiliencyProgram,designedto summarizeandhighlightrecoveryandbusinessresumptioncapabilitiesforspecificbusinesses andservicesΑaswellastoprovideatransparentoverviewamonginterdependentbusiness activities.Thereportingcomponentsarepresentedinaggregatedmanagementreportsand providedtoexecutivemanagementandvariouscommittees. CrisisManagement WithintheCrisisManagementcomponentoftheBusinessResiliencyProgram,PNChas establishedinterfacestoawiderangeofagencies,authoritiesandorganizations,toreceive incidentandeventnotificationallowingforaquickandcoordinatedcrisisresponse.Thesesteps, whichalsoservetomitigateandreduceimpacttocustomerservices,include: Establishedcrisismanagementteamswhichconductimpactassessment,notifycritical contacts,escalatetomanagement,andcoordinateoverallresponse. Crisiscommunicationsthatprovidenotificationandimpactassessmenttoemployees, customers,regulators,andvendors. Scenariobasedwalkthroughswhichpromoteanunderstandingofcrisisresponse, impactassessment,andresumptioncapabilities. Testingofcrisismanagementresponseprocesses,tools,andresourcesimproving overallreliabilityofthecrisismanagementprogram. PandemicPlanning PNCremainsactivelyengagedinplanningforapandemicevent.Specifically,PNChasfocused enterprisewidepreparationson: Monitoringglobalalertandnotificationagencies; Reinforcementofgoodhygienepracticestohelpreducethespreadofviruses; Thepotentialforwidespreadhumancapitalimpact;and, Businesscontinuityutilizingremoteaccess,worktransfer,andsocialdistancing. PNCiscloselyalignedandcoordinatesourmitigationplanningwithguidancefromtheWorld HealthOrganization,UnitedStatesDepartmentofHealthandHumanServices(HHS) ( Version 2012.1 5 Proprietary information pertaining to PNC Financial Services Group and associated subsidiaries) PreparednessCouncil(whosemembersarefromLocal,StateandFederalorganizations),and theU.S.CentersforDiseaseControlandPrevention(CDC). PNCalsoparticipatesinfinancialindustryforumsandexerciseswithsuchagenciesasBITS FinancialServicesRoundtable,AmericanBankersAssociation(ABA),andUnitedStatesTreasury Department,andwithregulatoryauthoritiestoimproveresponseconsistency. D.StrategicInvestmentsandSolutionsDevelopment PNCiscommittedtostrategicallyinvesttoenhanceoverallresiliencyandcompetitivenesswhile providingrecoveryandresumptioncapabilitiesfortheentirebusinessvaluechainǞźƷŷͶ 1.Afocusontechnologyinfrastructureandoperationalinterdependencies; 2.Continuousinvestmentsinhumancapitalresiliencyandbusinessprocessresumption; and, 3.Prioritizedinvestmentsinrecoveryandresumptionsolutions. ThestrategicresiliencyinvestmentpositionsPNCanditsbusinessunitstoprovidediverseand robustrecoverycapabilitiesandimprovetheoverallresiliencycapabilitiestobetterserveour customers. E.StrategicPartnerships Inadditiontotb/ƭthirdpartydisasterrecoveryproviderrelationshipsandtheestablished interfacestotheauthoritiesparticipatingincrisismanagement,PNChasdevelopedmultiple strategicpartnershipstoenhanceoverallresiliencycapabilities.Theseincluderegionalcrisis responseteamrepresentation,resourcesharing,crisisandbusinesscontinuityassociation memberships,andleadershipinfinanceandsecurityindustriesoversightcommittees. F.IndustryTrends Companiesacrossmostindustrieshavesignificantlyincreasedtheirinvestmentsandresources relativetotheirresiliencycapabilities.Thefinancialindustryhasbecomemoreclosely scrutinizedbyregulatoryagenciesduetothecriticalnatureofitsservicesandtheresulting impacttotheeconomy.PNChaspositionedtheBusinessResiliencyProgramtostayabreastof newindustryrequirementsandadaptourprogramtorespond. Forquestionsandcomments,pleasecontact: /ƚƩƦƚƩğƷĻ.ǒƭźƓĻƭƭwĻƭźƌźĻƓĭǤ atcbcmailbox@pnc.com ( Version 2012.1 6 Proprietary information pertaining to PNC Financial Services Group and associated subsidiaries) Attachment C “Reference Sheet” Reference 1 Client Company Name(incl: total beds/# facilities)University of Pennsylvania Health System 1,514beds,11 facilities Client Street Address1500 Market, UM 600 Client City, State, Zip CodePhiladelphia, PA 19102 Client Contact NameSteven Honeywell MBA, CCAM, CPAM Contact Phone Number215-762-0789 Contact Email AddressSteven.Honeywell@uphs.upenn.edu Term of ContractConfidential to PNC Bank N.A. Services ProvidedConfidential to PNC Bank N.A. EPIC Client. Please schedule appointment for discussion through Administrative Assistant, Karen Jackson, 215-762- Other Relevant Facts/EPIC Experience0516 Reference 2 Client Company Name(incl: total beds/# facilities)Indiana University Health3,087 beds, 80 facilities Client Street Address950 N Meridian St, Suite 1200 Client City, State, Zip CodeIndianapolis, IN 46204 Client Contact NameJason Hopf Contact Phone Number317-962-6954 Contact Email Addressjhopf@iuhealth.org Term of ContractConfidential to PNC Bank N.A. Services ProvidedConfidential to PNC Bank N.A. Other Relevant Facts/EPIC ExperienceLawson client Reference 3 Client Company Name(incl: total beds/# facilities)Martin Memorial Medical Center Inc 344 beds Client Street Address2127 SE Ocean Blvd Client City, State, Zip CodeStuart, Fl 34995 Client Contact NameLaura Attridge Contact Phone Number772-781-2744 Contact Email Addresslattridge@mmhs-fla.org Term of ContractConfidential to PNC Bank N.A. Services ProvidedConfidential to PNC Bank N.A. Other Relevant Facts/EPIC Experience Reference 4 Client Company Name(incl: total beds/# facilities)Children’s Hospital Medical Center467 beds Client Street Address3333 Burnet Avenue Client City, State, Zip CodeCincinnati, OH 452229 Client Contact NameMichael Taylor Contact Phone Number513-636-8807 Contact Email AddressMichael.taylor@cchmc.org Term of ContractConfidential to PNC Bank N.A. Services ProvidedConfidential to PNC Bank N.A. Other Relevant Facts/EPIC ExperienceEPIC client BANKING SERVICES Request for Proposal July 26, 2012 Banking Services Request for Proposal Table of Contents 1.0 Overview and Proposal Procedures 2.0 Scope of Services Required Banking Services Recommended Banking Services 3.0 Proposal Format Technical Proposal Pricing Proposal 4.0 Evaluation/Selection Process 5.0 Attachments AF-1 Acknowledgement Form CP-1 Cover Page VC-1 Vendor Response Checklist RS-1 Receipt for Submission Attachment A Attachment B Pricing Workbook Attachment C Attachment D MHS Informational Documents Drug-Free Workplace Program Florida Statutes on Public Entity Crimes Policy Statement Vendor Information Form 1 Banking Services Request for Proposal Section 1.0 ~ RFP OVERVIEW AND PROPOSAL PROCEDURES The information in this document will enable the recipient to formulate a proposal to meet the workload requirements as described in this RFP. The information regarding the volume and knowledge and belief, but is not guaranteed to be correct. A proposal must satisfy all criteria to qualify for evaluation. 1.1 Introduction/Background special tax district under the laws of the State of Florida that owns and operates public hospitals known ,(JDCH), located across the street directly east of MRH; Memorial Regional Hospital South (MRHS), located about 2 miles south of MRH; Memorial Hospital West (MHW), located about 8 miles west of MRH; Memorial Hospital Miramar (MHM) located 7 miles southwest of MHW; and operates a hospital known as Memorial Hospital Pembroke (MHP), located midway between MRH and MHW. MHS has a total of 1,800 licensed beds. In addition to its six hospitals, MHS owns and operates a skilled nursing home known as the Memorial Manor, the Memorial Home Health Agency, several outpatient community health centers, medical office buildings, physician practices, and other outpatient facilities. Today, MHS is the fifth largest public Healthcare System in the nation. This Request for Proposal (RFP) is considered an invitation to negotiate for the goods and services referenced herein. MHS reserves the right to modify or waive Terms and Conditions of the RFP and the description of the Goods and Services, and how they are to be provided, and to withdraw this Request in part or in its entirety. Mandatory Requirements No Proposals will be given consideration unless the Proposer: Is a Qualified Public Depository as defined in Florida Statures 280.17; Currently provides services of the nature described in this RFP to multi-hospital systems similar in size to MHS; Is able to provide the Banking Services as defined herein; and, Provides references from similar healthcare systems who have converted to its collection, disbursement and web-based information and transaction products. 2 Banking Services Request for Proposal 1.2 Objectives MHS primary objectives in evaluating proposals for Banking Services are: To have one provider for all Banking Services. These include: Accounts Structure Collections paper and electronic lockboxes Zero balance concentration and controlled disbursement accounts Disbursements paper, direct deposit, ACH, wire transfer Account Reconciliation full, partial and 3-way positive pay with visual image On-line Transaction Capabilities -Web-based access to account information and transactional capability Employee Services: Comp-at- On-line and convenient branch access Installation and maintenance of on-site bank ATMs Short Term Investment/Sweep Account To ascertain and prioritize potential upgrades to the Banking Services To evaluate terms for a multi-year revolving credit facility To receive consistent, high quality customer service at a competitive cost To enter into a fixed price contract for a period of three (3) years, with the option to renew up to two (2) consecutive one (1) year terms at the initial contract pricing, or lower. 1.3 Instructions to Proposers This is a Request for Proposal, not an order, nor an offer. This document shall not be construed as a request or authorization to perform work at MHS expense. Any work performed by a Proposer in connection with evaluation and responding to the RFP and, if selected, negotiating a definitive agreement purchase or lease. MHS reserves the right to reject any and all proposals at its sole and absolute discretion. The information in this RFP is proprietary and may not be used for any other purpose other than the preparation of the RFP response submitted to MHS. It may not be disseminated to a third party without prior consent to the MHS. DO NOT make any changes to the wording or format of this information contained in this RFP. Proposers should carefully examine the RFP information and make certain they have a clear understanding of the requirements. 3 Banking Services Request for Proposal 1.4 RFP Timetable This section provides an anticipated time schedule for this RFP EVENT DATE Issue RFP July 26, 2012 Cutoff Date For Submission of Questions August 10, 2012 2:00 PM EST ** August 20, 2012 9:30 AM Memorial Training Pre-bid Conference Center, Green Room 2699 2999 Executive Way, Miramar, Fl 33025 Receipt of Acknowledgement Form August 24, 2012 12:00 Noon EST August 29, 2012 12:00 Noon EST Receipt of Proposals Due Evaluation/Selection Process August 30, 2012 through September 7, 2012 Short Listing Meeting Week of September 10. 2012 Oral Presentations, if conducted Week of October 15, 2012 Projected Award Date November 1, 2012 Questions must be submitted to jryan@mhs.net no later than 2:00 PM on August 10, 2012. Responses to these questions will be shared to all vendors at the August 20, 2012 Pre bid conference. 1.5 RFP Availability Copies of this RFP package may be obtained through Jackie Ryan (jryan@mhs.net) RFP Manager at the Material Services/Purchasing Department ~ MHS Support Services, 2900 Corporate Way, Miramar, FL 33025 until 2:00 PM EST, August 16, 2012. 1.6 Submission of Proposals All submissions of proposals must meet the requirements noted in this section of the RFP. The submission of a Proposal means that the Proposer has read and agrees to comply with the contents of this RFP. All proposals must be submitted on 8- numbered pages, normal margins and spacing. All document packages must be bound by 3-ring binder only. Original should be notated as original and additional copies should be individually bound. MHS requests that one (1) one-sided original and three (3) copies (a total of 4) of the complete Technical and Pricing Proposal be sent to Jackie Ryan at MSS Support Services, Purchasing Dept. 2900 Corporate Way, Miramar, FL 33025. Responses must be received by the closing date and time as stated in Section 1.4 above. Also include a complete copy of your Proposal on one Compact Disk, or flash drive. 1. MHS will receive sealed proposals for Banking Services until 12:00 P.M. EST, August 29, 2012 or any time prior thereto at the MHS Support Services location. 2. Proposals may be delivered in person, or by overnight delivery to: MHS Support Services, Purchasing Department, 2900 Corporate Way, Miramar, FL 33025, no later than 12:00 PM EST, August 29, 2012. Proposals, which are not received by the closing date and time at MHS Support Services/Purchasing Department, will not be accepted. If hand delivering proposals, Proposer must first check in with Security, Door B. Therefore, please allow sufficient time for delivery. 3. MHS will consider qualified Proposers that can meet the requirements and specifications outlined in this RFP. 4. All submitted responses must be complete. Supplemental information may be attached to the Proposal Sheet but must be designated as such. 5. MHS reserves the right to accept all, any, or none, of the proposals submitted. MHS reserves the right to award any contract ensuing from this proposal on the basis of total proposal, or groups of 4 Banking Services Request for Proposal items, or on an item basis, whichever is in the best interest of MHS as determined by MHS in its sole discretion. 6. MHS is eligible for participating in a number of group purchasing organizations, including Florida State Contract Pricing. MHS qualifies to use the State of Florida Contract and it is also a member of Premier Purchasing Partners, Inc., and, as such qualifies for pricing available through these organizations. Proposers are encouraged to submit proposals accordingly only in instances where prices would be better than MHS would obtain through its group purchasing organizations. If applicable, please indicate beside your firm will honor. 7. MHS is a Special Tax District of the State of Florida, created and established by a Special Act of The Florida Legislature and is exempt from paying sales tax, service tax or property tax. Proposers should not include taxes in their proposal. 8. It is understood by MHS that supply, products, equipment, software or services for which proposals are sought may vary from company to company in technique and material. It is not the desire of MHS to limit requested proposals to any particular brand according to these differences. All specifications, hereinafter provided, are to be considered and construed as a general description of function, purpose, and performance of the items desired. Any use of brand names or catalog numbers in the specifications is intended only as a description of the type of product and does not restrict bidding to any endorsed product. No proposal will be disqualified from consideration where items offered by the Proposer are substantially equivalent in quality, purpose, and standards, even though it does not correspond exactly to the description contained in the specifications. Where differences exist, they shall be separately identified in an addendum to the proposal with a specific and concise explanation of what differences exist, and why such differences do not substantially deviate from the quality, purpose and standards. Further data on such difference shall be provided if requested. The items shown on specification sheets are estimated requirements. Actual amounts may be more or less than quantities shown on specifications, but only the actual quantities required will be purchased. 9. t requested in the specifications, the Proposer shall correct and adjust the Proposal Sheet but the total quantity proposed, and the total extended for the item, shall agree with the quantity on the Proposal Sheet, irrespective of packaging. 10. MHS requires t established for MHS, included as an insert in the Request for Proposal packet. 11. Termination: MHS reserves the right to terminate any contract ensuing from this proposal without cause with sixty (60) days written notice. 12. Proposer must complete the Acknowledgement form (form AF-1) and return by email or fax no later than, August 24, 2012. 13. Proposer must complete the enclosed form Receipt for Submission (form RS-1) and submit with Proposal, in person, or by overnight delivery to MHS Support Services, Attention: Jackie Ryan. If submitted by overnight delivery, Proposer must include a self-addressed stamped envelope, postage prepaid. A signed and dated Receipt for Submission will be returned to Proposer upon receipt of the Proposal. 14. Proposers submitting a response to this RFP must register their firm with MHS by visiting our vendor portal link at https://vendorportal.mhs.net/vms/ 1.7 Additional Information/Addenda Requests for additional information or clarification must be made in writing via email and may only be sent to JRyan@mhs.net and received by the RFP Manager no later than the deadline date for receipt of questions specified in the RFP Timetable (see Section 1.4)At no time during the RFP . process shall Proposer contact any MHS staff (other than the RFP Manager) for information relating to the RFP. The question must contain the title of RFP, Prop contact person, address, phone number, as well as a clear and concise question, and references to specific points within this RFP. Answers to Proposer inquiries will be distributed in writing to all Proposers if it is determined that this clarification is required. Any verbal statements regarding this RFP may not be relied upon. 5 Banking Services Request for Proposal 1.8 Withdrawal of Proposals Proposals may not be withdrawn or modified after the scheduled date for receipt of proposals unless agreed to by MHS. Any request for withdrawal must be made in writing only and addressed to the RFP Manager. All responsive Proposers will be considered. 1.9 Late Proposals, Late Modifications Proposals received after the closing time and date, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be determined by MHS in its sole discretion. 1.10 RFP Postponement/Cancellation MHS may in its sole and absolute discretion, accept or reject, in whole or in part, for any reason whatsoever any or all Proposals; re-advertise this RFP; postpone or cancel at any time this Request for Proposal process; or, waive any formalities of or irregularities in the proposal process. Proposals that are not submitted on time and/or do not conform to MHS requirement will not be considered. After all Proposals are analyzed, MHS will make its decision at a time determined by MHS at its discretion. The selection by MHS shall be based on the proposal, which is, in the sole opinion of MHS, in the best interest of MHS. The issuance of the RFP constitutes only an invitation to make presentations to MHS. MHS reserves the right to determine, at its sole discretion, whether any aspect of the proposal satisfies the criteria established in this RFP. In all cases MHS shall have no liability to any Proposer for any costs or expense, incurred in connection with this RFP or otherwise. 1.11 Conflict of Interest There shall be no dealings between the Proposer and MHS that might be construed as a conflict of interest. The Proposer shall provide MHS with any and all information pertaining to dealings with MHS, or any of its officers, commissioners, or employees, or any other party, and any activity or other matter that might be construed as a conflict of interest. No employee or officer of MHS shall have any ownership or monetary interest directly or indirectly in any Proposer responding to this RFP, nor shall any employee or officer of MHS personally benefit monetarily or otherwise as a result of the Agreement contemplated by this RFP. 1.12 Oral Presentations/Site Visits otherwise demonstrate the information contained therein. If required, the presentations are anticipated to be conducted on the date(s) indicated in this RFP Timetable (see Section 1.4). MHS may conduct site based wholly or in part upon the results of site visits or oral presentations. 1.13 Negotiations MHS may award the RFP for contract on the basis of initial offers received, without discussions. standpoint. MHS reserves the right to enter into contract negotiations with the selected Proposer. If MHS and the selected Proposer cannot negotiate a successful contract, MHS may terminate said negotiations and begin negotiations with another selected Proposer. This process may continue until a contract acceptable to MHS has been executed or all proposals are rejected. No Proposer shall have any rights against MHS arising from such negotiations or termination thereof. 1.14 Review of Proposals for Responsiveness Each proposal will be reviewed to determine if the proposal is responsive to the submission requirement outlined in the RFP. A responsive proposal is one, which follows the requirements of the RFP, includes all documentation, answers all questions and is submitted in the format outlined in the RFP, and is of 6 Banking Services Request for Proposal timely submission. Failure to comply with these requirements may result in a proposal being deemed non-responsive. 1.15 Bankruptcy No Proposal shall be considered from any entity who, at the time of proposal submission, is involved in bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law. 1.16 Excluded Provider Proposer shall represent and warrant that Proposer and any of its employees and subcontractors are not and at no time have been excluded from participation in any federally funded health care program or any other federally funded program or federal contract, including Medicare and Medicaid, and that neither it nor any affiliate is currently on the convicted vendor list or discriminatory vendor list maintained pursuant to Chapter 287.133 or Chapter 287.134 of the Florida Statutes. Proposer hereby agrees to promptly notify MHS of any threatened, proposed, or actual exclusion of said individuals from any federally funded health care program or any other federally funded program or federal contract, including Medicare and Medicaid or listing on the convicted vendor list or discriminatory vendor list maintained pursuant to Chapter 287.133 or Chapter 287.134 of the Florida Statutes. MHS has the right to immediately terminate any Agreement entered into between the parties as a result of this RFP upon notice that Proposer is debarred or excluded from participating in federal health care programs or listing on the convicted vendor list or discriminatory vendor list maintained pursuant to Chapter 287.133 or Chapter 287.134 of the Florida Statutes. 1.17 Nondiscrimination Proposer will not discriminate on the basis of race, sex, religion, age, handicap, color, creed, sexual orientation or national origin with regard to obligations, work and services performed under the terms of any contract, or any other matter ensuing from this RFP; and shall, abide by the South Broward Hospital 1.18 Florida Sunshine Act and Public Records Law Proposer understands that MHS is a political subdivision of the State of Florida, and as such, is subject to materials it submits in connection with this RFP will be subject to that law. MHS will notify Proposer of any instance in which the disclosure information is requested by any party to be disclosed under Florida Statute Chapter 119. If Proposer wishes MHS to deny the request for disclosure or copies, Proposer must reply to MHS as soon as reasonably possible, but in no event later than the time required for MHS to comply with the requirements of Florida Statute Chapter 119, and subject to a maximum response time of ten business days in any event. Further, Proposer shall advise MHS of the legal basis for claiming the information should be withheld, and the specific section of the Florida Statutes that exempts this material from the mandatory disclosure requirements of Florida Statute Chapter 119. If Proposer fails to respond as required under this Section, MHS may release the requested documents. If the party requesting the disclosure contests the legal basis for withholding any of the documents Proposer contends should be held as confidential, then Proposer will, at its sole cost, defend its position that the requested documents should not be released. To the extent MHS incurs liability for costs or attorneys fees (including, without limitation, those awarded to the party requesting the disclosure) in connection with such challenge or appeal, Proposer agrees to indemnify and hold harmless MHS for those costs and fees. 7 Banking Services Request for Proposal 1.19 Public Entities Crimes Section 287.133 (2)(a) of the Florida Statutes states that 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 -six (36) months. ) (a), Florida Statues, with the completed proposal. 1.20 HIPAA Statement Both parties agree to satisfy the standards for personal health information contained in federal and state statues and regulations, including without limitation, any regulations promulgated under the Health oser agrees that it will enter into an appropriate Business Associate Agreement, Chain of Trust Agreement, or other agreements as may be required by law. 1.21 Insurance The selected Proposer agrees to keep and maintain in full force and affect comprehensive general liability insurance with minimum policy limits in the amount of at least one million dollars ($1,000,000.00) per occurrence, three million dollars ($3,000,000.00) aggregate. The selected Proposer agrees to maintain rance with statutory limits in accord with applicable law. MHS shall be named as an additional insured on the comprehensive general liability policy effective upon the commencement of any agreement ensuing from this RFP. Each insurance policy shall state it is not subject to cancellation or reduction in coverage without written notice to MHS thirty (30) days prior to the effective date of cancellation or reduction. 1.22 Lobbying The South Broward Hospital District Board of Commissioners has adopted a Policy Statement with regard to Lobbying, which requires, among other things that no persons may lobby the Hospital District or any Commissioner without first registering as a Lobbyist with the Office of the General Counsel of the Hospital District. Failur Request for Proposal being rejected and/or stricken from consideration. A copy of the Lobbying Policy can be obtained from the Office of the General Counsel. 8 Banking Services Request for Proposal Section 2.0 ~ Scope of Services The scope of services is outlined below. Attachment A reflects mandatory and general service requirements for the Proposer chosen to provide services under any contract ensuing from this Proposal. Proposer must indicate each line item in Attachment A whether or not it can comply with the requirements. If noncompliance is indicated, please specify the proposed alternative. All interested Proposers will have the ability to submit questions and attend a pre-bid conference prior to deciding whether to submit a proposal. Section 1.4 provides the deadline for submitting questions and the anticipated date for the pre-bid conference. 2.1 Banking Services Attachments B-1 and D provide an o treasury and cash management products and services. Attachment B-1 is a monthly analysis statement with representative transaction volumes. Attachment D current account structure. Together these documents detail the Corporate Accounts Structure. Attachments B-1 should be completed with pricing for these services. Corporate Accounts Structure The District currently maintains 25 demand deposit accounts. Twenty-three function as zero balance accounts (ZBAs) and/or controlled disbursement accounts linked to one master concentration account. A separate account contains compensating balances. These accounts represent the corporate account structure. There are 4 stand-alone accounts that represent medical staff and PHO accounts, Foundations and non- related entities that are not a part of this RFP. Lockbox Collections The District has eight lockboxes operated out of Orlando, Florida. Six are paper-based and two utilize electronic/image technology. Several of the lockboxes directly update our patient accounting system. MHS. All enclosures are sent via over-night courier Accounts Receivable Management Department. The bank will guarantee MHS its best availability of funds schedule for the clearing of deposit items. The proposal should include the cut-off time of day for the deposit to receive the best availability and compare in its proposal availability schedules to Orlando, Lockbox Image Archival available on-line for seven (7) years. Remote Deposit MHS is in the process of implementing remote deposit technology in its Corporate Finance Department. After an initial test, a decision will be made to expand this service to other locations. Attachment B-1 does not reflect incremental volume associated with this service; however, MHS anticipates that thirty (30) checks will be deposited remotely each month from this location. 9 Banking Services Request for Proposal Coin and Currency and On-Site Payments Cashier offices in each hospital location have standing orders for daily cash/change requirements. Rolled coin and strapped currency is sent to each location. Proposer must indicate the charge per roll and strap for supplying coin and currency to the hospitals. The cashier offices also prepare deposits and take patient payments. These deposits are transferred by armored car to the bank. MHS has an existing contract for armored car pick-up and delivery. Additionally, MHS is in the process of implementing a r functions. Therefore, merchant processing of credit card payments is not a part of this RFP. ACH Transactions, Direct Deposit and Wire Transfers MHS attempts to maximize opportunities for electronic receipts and payments. Over 95% of our employees utilize direct deposit of payroll. MHS has two (2) payroll accounts each paying bi-weekly. Data for each payroll is transmitted to the bank separately in ACH. Recurring large dollar ACH payments are initiated through templates in the web-based bank portal and directly to vendors when negotiated. Wires (repetitive and non-repetitive) are sent via PC and/or telephone and require dual controls (initiation/authorization Account Reconcilement & Imaging Services MHS reconciles three accounts by downloading the items paid information from the bank to their secured web site where MHS accesses the files. Digital images of checks paid from each disbursement account are provided to MHS on CDs (one CD for each) each month. The bank currently archives images available through its on-line portal for up to 3 years. Four-way positive pay (date, check number, amount and payee) is used on all disbursement accounts. On-line Information and Transaction Capability -based treasury workstation to access information and handle transactions. For example, each day there are multiple inquires for balance and transaction status information; data is exported in various formats (Excel, PDF and CSV) for analysis by corporate finance personnel; images of checks paid and collected through lockboxes are viewed and copies downloaded regularly; stop payments are initiated online; checks registers are updated online to include voiding and cancelling transactions; templated wire transfer and ACH payments are initiated by treasury personnel; and, access to this information is strictly controlled. Bank Statements and Account Analysis The bank statement period is the calendar month. Electronic statements are expected to be available on st the 1 business day after the end of the month. Paper statements and an account profitability analysis are provided to MHS no later than ten (10) business days after month end. Net Cost/Benefit from Balanced Maintained MHS realizes that banks may prefer maintenance of balances instead of the collection of fees to compensate them for services provided. Additionally, some banks offer deposit accounts that are tailored to governmental entities such as MHS that may pay interest or have differing deposit insurance and/or reserve requirements. And, banks have differing earning credit rates and formulas for determining these rates. In evaluating pricing submitted in this RFP, MHS will consider both calculated fees in Attachment 10 Banking Services Request for Proposal B-1 and the Net Cost/Benefit from Balances Maintained in Attachment B-2 in determining ranking the proposals based on price. MHS currently maintains a compensating balance account with a fixed earning credit rate to offset all monthly account charges. It is anticipated that an additional $10 million in average collected balances result from the monthly inflows and outflows from operations. Bank-at-Work Products and Services for MHS Employees MHS has approximately 10,500 full and part-time employees. MHS provides exclusive access for its Banking Services provider to its employees. Proposers should provide information on any packaged products and services that would be offered by your firm to our employees if selected. Describe how you would differentiate these products and services for our employees. Include pricing for basic services such as fees for opening and maintaining a checking account, with and without direct deposit. Describe access alternatives for employees in on-line, on-site and branch locations. Please state any policies and costs for the cashing of payroll checks by MHS employees who are currently non-bank customers. Attachment B-3 is provided to describe and price these services. Automated Teller Machines (ATMs) MHS has six, bank-owned ATMs in our five (5) hospitals and Support Services location. Space for an are for the benefit of our employees, patients and their families. No transaction fees are levied at the point of services. A fixed monthly fee is paid to the bank that is reduced by credits for inter-bank use of the ATMs. Use Attachment B-5 if your bank is able to provide this service. Short Term Investment Account Each day MHS compiles its cash and short term liquidity position. MHS maintains additional liquidity above the level of balances required or maintained in its master account in a separately managed short term investment account. h is dictated in large part by F.S. 218.415. The account has a minimum requirement of 50% in U.S. Government securities and permits investments in money market mutual funds up to 50% of the account balance. The benchmark is 90-day Treasury Bills. Investment management fees are10 basis point per annum calculated on investments money market mutual funds. U.S. Bank is the third-party custodian excluding required under F.S. 218.415 for investments. Securities custody is not a part of this RFP or to be included as a part of the Short Term Investment Account. In order to be granted the investment management of the Short Term Investment Account, the firm must be vetted by Jeffrey ment consultant. Use Attachment B-4 to describe and price this service. Revolving Line of Credit MHS is interested in evaluating terms and conditions for a multi-year revolving line of credit that is available for general corporate purposes including post-hurricane and other extraordinary events. The borrower would be the Obligated Group of the South Broward Hospital District. Attachment B-6 provides an outline of a Term Sheet to describe and price this service. The Proposer may access South Broward H Certification, LLC, www.dacbond.com. No Warranty No warranty or guarantee is given or implied on the types and quantities of services ultimately required. The quantities used herein are approximately one month's requirements and are provided to afford standard cost comparisons between proposals. 11 Banking Services Request for Proposal 2.2 Recommended Banking Services MHS desires to identify and prioritize potential upgrades to the Required Banking Services by having Proposers discuss functionality from their healthcare and corporate banking products and services. This section of the RFP permits proposers the opportunity to identify as Recommended Banking Services other financial services not otherwise addressed that your institution believes would be in the best interests of MHS to consider. Please explain the products and services proposed and the expected benefits and costs to MHS. Attachment B-7 may be used to provide costs and benefits for these services Section 3.0 ~ Proposal Format 3.1 Instructions to Proposers Proposers should carefully follow the format and instructions outlined below, observing format requirements where indicated. Proposer must submit a proposal addressing each of the following points in the same order as presented herein. Failure to do so could eliminate that proposal from consideration in the contract award. All materials (except for plans and schematics, if any) are to be submitted on 8- typed on one side only, with numbered pages, normal margins and spacing. All document packages must be bound by 3 ring binders only, with the original clearly indicated. The document package copies should be individually bound. Proposals that do not include the required documents may be deemed non-responsive and may not be considered for contract award. 3.2 Technical Proposal The Technical Proposal shall respond to all questions on Attachment A Proposers must utilize the Questionnaire Excel Document in submitting its response. Additional attachments must clearly be marked as such. Failure to respond to any questions may result in disqualification of your firm. The response must be written in sufficient detail to permit MHS to conduct a meaningful evaluation of the proposed services. 1) Cover Page The attached form CP-1 is to be used as the cover page for the Technical Proposal. This form must be fully completed and signed by an authorized officer submitting the proposal. 2) Table of Contents The table of contents should outline in sequential order the major areas of the proposal. All pages of the proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the table of contents. 12 Banking Services Request for Proposal 3.3 Pricing Proposal The Pricing Proposal must be submitted in the format as outlined in the seven (7) schedules and summary provided as Attachment B-8. Proposer must use the Pricing Excel Document to submit its response. PROPOSER IS RESPONSIBLE FOR CHECKING ALL FORMULAS IN THIS WORKBOOK TO ASSURE CORRECTNESS OF THE PRICING PROPOSAL. Any fees not specifically requested on the pricing spreadsheet must be outlined as a separate line item. There must not be any hidden fees. It is MHS objective to enter into a fixed price contract for a period of three (3) years, with the option to renew up to two (2) consecutive one (1) year terms at the initial contract pricing. Section 4.0 ~ Evaluation/Selection Process 4.1 Introduction Following the opening of the proposal packages, the proposals will be evaluated and presented to the Finance Committee of the Board of Commissioners to rank and short-list the proposals. It is anticipated that the short-listed Proposers will be invited to an Oral Presentation at a subsequent Finance Committee meeting. After Oral Presentations, the Finance Committee will make a recommendation to the Board of Commissioners for its approval to award the contract. Once the recommendation to Board of Commissioners has been approved, the selected Proposer will be notified both by telephone and in writing so that contract negotiations may commence. All Proposers who are not selected will be notified in writing only after the RFP has been awarded. 4.2 Award Proposers shall refrain from contacting the RFP Manager as well as any member of the Evaluation/Selection Committee, or any member of the Board of Commissioners to inquire the status of the award. 13 Banking Services Request for Proposal Acknowledgment Form AF-1 This form acknowledges receipt of this RFP and states whether the Proposer intends to submit or not submit a proposal. August 29, 2012, 12:00 PM EST Closing date for receipt of proposals: , at the location set forth below: RETURN THIS FORM VIA EMAIL to JRYAN@MHS.NET or FAX at (954) 276-6054by August 24, 2012 to: Memorial Healthcare System Support Services 2900 Corporate Way Miramar, FL 33025 Attn: Jackie Ryan, RFP Manager Proposer Name: ________ Address: ________ City, State, Zip: ________ Telephone #: Cell:#: ________ E-mail: ________ Principal: Title: ______ Authorized Signature: ________ Print Name ________ : Title: _____________ Date: _____________ (Check one of the following) Intend to submit a proposal Do NOT intend to submit a proposal Please indicate your reasons for declining to submit a proposal: ___________________ ___________________ Form AF-1 14 Banking Services Request for Proposal PROPOSAL COVER PAGE Form CP-1 Issued: July 26, 2012 Due: August 29, 2012 Proposer Name: Address: City, State, Zip: Telephone #: Fax #: Cell #_________________________________________________ E-mail: Principal: Title: Dun & Bradstreet Number: ________________ Federal Employer Identification Number: _____ Authorized Signature: Print Name : Title: Date: Form CP-1 15 Banking Services Request for Proposal VENDOR RESPONSE CHECKLIST Form VC-1 I have read and completed the following: Vendor Information Form Yes No IRS Form W-9 Yes No Minority Certification, if Yes Not Applicable applicable Public Entity Affidavit Yes No Technical Response Original Document and Yes No Requested Copies Pricing Response Original Document and Requested Yes No Copies Complete Submission on CD Yes No or Flash Drive I have retained copies of all the listed materials Yes No Date Signature Print Name Company Name Print Title Please forward all completed materials to: Jackie Ryan, RFP Manager Memorial Healthcare System Support Services 2900 Corporate Way Miramar, FL 33025 Phone: (954) 276-5490 Fax: (954) 276-6054 Email JRyan@mhs.net : Form VC-1 16 Banking Services Request for Proposal RECEIPT FOR SUBMISSION Form RS-1 Project Title: Banking Services Issued: July 26, 2012 Due: August 29, 2012 The Memorial Healthcare System acknowledges receipt of above referenced Proposal, and agrees to furnish the Proposal as submitted to Memorial Healthcare System, on behalf of the Proposer indicated below, in accordance with the specifications, terms and conditions of the Request for Proposal. Proposer Name: _____________ Address: ___________________ City, State, Zip: _____________ Telephone #: Cell: #: ___________________ E-mail: ___________________ Authorized Signature: _____________ Print Name: Title: ___________________ Received By Memorial Healthcare System: Method of Delivery:____________________ Date:________________________________ Date Stamp: Time:_______________________a.m./p.m. By:________________________________ Jackie Ryan RFP Manager Memorial Healthcare System Phone: (954)276-5490 Fax: (954)276-6054 Email: JRyan@mhs.net Proposal package as submitted by Proposer, not the completeness or compliance with the Request for Proposal Instructions. Form RS-1 17 Banking Services Request for Proposal Attachment A Questionnaire \[Please see attached Excel spreadsheet\] 18 Banking Services Request for Proposal Attachment B Pricing Workbook \[Please see attached Excel spreadsheet\] (Please note that there are 8 tabs) 19 Banking Services Request for Proposal Attachment C Reference 1 Client Company Name (incl: total beds/# facilities) Client Street Address Client City, State, Zip Code Client Contact Name Contact Phone Number Contact Email Address Term of Contract Services Provided Other Relevant Facts/EPIC Experience Reference 2 Client Company Name (incl: total beds/# facilities) Client Street Address Client City, State, Zip Code Client Contact Name Contact Phone Number Contact Email Address Term of Contract Services Provided Other Relevant Facts/EPIC Experience Reference 3 Client Company Name (incl: total beds/# facilities) Client Street Address Client City, State, Zip Code Client Contact Name Contact Phone Number Contact Email Address Term of Contract Services Provided Other Relevant Facts/EPIC Experience Reference 4 Client Company Name (incl: total beds/# facilities) Client Street Address Client City, State, Zip Code Client Contact Name Contact Phone Number Contact Email Address Term of Contract Services Provided Other Relevant Facts/EPIC Experience 20 Banking Services Request for Proposal Attachment D \[Please see attached PDF Document\] 21 P ROPOSAL FOR TMS REASURYANAGEMENTERVICES Executive Management Summary and Solutions Proposal AddendumFor August 29, 2012 Jackie Ryan MSS Support Services Purchasing Department 2900 Corporate Way Miramar, FL 33025 Proprietary and Confidential This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 1 (i)LEGAL LEGEND This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required by law), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. This Proposal is not a contract, a commitment to lend, an offer to enter into a contract or an offer to lend and does not obligate either party to negotiate or enter into any contract in connection with the Services described in this Proposal. Any commitment to lend will be subject to credit approval and any binding agreement to accept or provide the Services will be subject to the parties entering a written agreement that will contain terms that are acceptable to the parties. PNC Bank reserves the right to change, alter, eliminate or withdraw all or portions of this Proposal for the Services or to choose not to provide some or all of the Services. The organization to which this Proposal is addressed is responsible for all costs associated with its evaluation and due diligence efforts to review this Proposal. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 2 August 29, 2012 Jackie Ryan MSS Support Services Purchasing Department 2900 Corporate Way Miramar, FL 33025 Dear Jackie and Memorial Healthcare System Team, On behalf of PNC Bank and the Florida PNC Healthcare team, we sincerely appreciate your interest in a banking services proposal from PNC. We hold Memorial Healthcare System (“Memorial” or the “System”) and its management team in very high regard, and we look forward to this opportunity to establish a banking relationship with the System. The success of the partnership between PNC and Memorial, including the design, implementation, and servicing of the banking solutions we are offering herein, would be built on the following PNC Healthcare strengths: Florida-based relationship team comprised of experienced and knowledgeable professionals with a demonstrated track record of success in helping healthcare clients to achieve their financial goals; Extensive experience and operating capacity in providing the required products; and Leadership and tradition of building strong partnerships to guide the relationship into new technologies that will benefit your organization now and in the future. PNC Healthcare is an industry leader in its ability to deliver on these strengths, and offers a relationship-oriented team that will take the time to individualize our solutions for Memorial’s specific needs. Based on the feedback provided by the System in the RFP as well as through our dialogue with Memorial over the years, we believe that not only do we understand your objectives, but also the intrinsic things that are important to you –seamless integration, customer service and accessibility. We share these values, and believe that it has contributed to our success in working with more than 1,600 healthcare organizations, including some of the nation’s most prominent not-for-profit and governmental health systems as well as providers, pharmacies, senior living agencies, and Medicare fiscal intermediaries across the country. We believe that PNC is the bank that can best partner with Memorial to provide the most efficient Treasury Management and Banking solutions. PNC's team of expertsunderstands receivables and payables operations, finance, and technology, and offers a wide array of services specifically designed for the unique cash flow and data management challenges that healthcare providers face.PNC Healthcare is compliant with all current legal and regulatory banking guidelines and legislation, and holds all information in confidence*. PNC also acknowledges the service contract for a period of three (3) years, with the option to renew up to two (2) consecutive one (1) year terms. While other banks may be reducing their investment in treasury management services, PNC has committed over $120 million to treasury products in fiscal year 2011 alone. The PNC Healthcare line of business is a key priority for PNC Bank’s growth strategy,and has consistently been a top recipient of the Bank’s financial and resource investments. Over the past three years, PNC has invested $50 million in its healthcare treasury management platform, Healthcare Advantage and 4010/5010 translation services. PNC Healthcare has a team committed to building the next generation of support solutions for our healthcare clients, and anticipates investing at least $10 to $15 million annually. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 3 PNC Healthcare is committed to exceeding your expectations through teamwork, innovation, and industry leadership. It is our responsibility, now and in the future, to understand the requirements and goals of your business and to deliver superior services, ideas and solutions. We appreciate this opportunity to present our recommendations. Sincerely, Ralph SwansonAndrea B Smith, CTP Senior Vice President -Relationship Manager Vice President –Treasury Management PNC HealthcarePNC Healthcare Orlando, FloridaSarasota, Florida * Any other information as it pertains to insurance, indemnity, endorsements, and contracts are all subject to formal legal review by PNC Healthcare after the contract is awarded. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 4 I.MANAGEMENT SUMMARY..............................................................................................................................7 II.PNC HEALTHCARE RECEIVABLES CONTINUUM ....................................................................................................10 A.PNCEEPIC .................................................................................................................................11 XPERIENCE WITH B.PNCHCILC ...........................................................................12 EALTHCAREOMMERCIAL NSURANCEOCKBOXOLLECTIONS C.CCILSO ..................................................................................14 USTOMOMMERCIAL NSURANCE OCKBOXERVICEPTIONS D.CSCIL .....................................................................15 OMPLEMENTARY ERVICES USED BY OMMERCIALNSURANCE OCKBOX 1.Remittance on Site .......................................................................................................................................15 2.Electronic Remittances (Direct 835 Service) .................................................................................................15 3.IOCR Advantage Service ...............................................................................................................................16 4.Reassociation Service ...................................................................................................................................18 5.PNC Healthcare and Workers Compensation Payments ..............................................................................19 6.Patient Lockbox Service ...............................................................................................................................19 7.Standard Patient Lockbox Service Features .................................................................................................20 8.Custom Service Options ...............................................................................................................................21 9.Patient Pay Lockbox Best Practices ..............................................................................................................21 10.Lockbox Locations ....................................................................................................................................22 11.Image on Demand. ...................................................................................................................................24 12.E-Lockbox Advantage. ..............................................................................................................................24 E.RD. ................................................................................................................................................24 EMOTEEPOSIT F.DO-S. ................................................................................................................................................25 EPOSITNITE G.RO-S(ROS). ................................................................................................................................25 EMITTANCENITE III.COMMERCIAL ON-LINE BANKING INFORMATION TECHNOLOGY. ......................................................................26 A.ZBCCDA. ...........................................................27 EROALANCEONCENTRATION AND ONTROLLEDISBURSEMENTCCOUNTS IV.PNC BUSINESS INTELLIGENCE ...............................................................................................................................28 V.DISBURSEMENTS: TRANSFORMING THE PAYABLES PROCESS ............................................................................29 A.PA--S. ....................................................................30 AYABLESDVANTAGEOLUTION FOR STREAMLINING DISBURSEMENTS B.E(ACH,EFT) ...........................................................................................................32 LECTRONIC PAYMENT METHODS 1.ACH Origination ...........................................................................................................................................32 2.ACH Origination via Direct Transmission .....................................................................................................32 3.ACH Origination via PINACLE® .....................................................................................................................34 4.ACH Special Reports .....................................................................................................................................34 This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 5 5.Wire Transfer Capabilities ............................................................................................................................34 VI.ADDITIONAL SOLUTIONS ......................................................................................................................................35 A.PC ............................................................................................................................................................35 AYARD B.A/P-C ..........................................................................................................................................................36 ARD C.A“EE”A/PS ...........................................................................................................37 DDITIONALND TO NDOLUTIONS 1.AP Advantage (Invoice Automation) ............................................................................................................37 D.CCO-SP .........................................................................................................38 OIN AND URRENCY AND NITEAYMENTS E.AR ....................................................................................................................................39 CCOUNTECONCILEMENT F.PPC .....................................................................................................................................39 OSITIVEAY FOR HECKS G.ACHPP ..............................................................................................................................................40 OSITIVEAY H.PPR ......................................................................................................................................40 OSITIVEAYEPORTING I.PPCIF ............................................................................................................41 OSITIVEAYHECKMAGEUNCTIONALITY VII.ON-LINE TRANSACTION CAPABILITIES ..................................................................................................................41 A.IR ....................................................................................................................................41 NFORMATIONEPORTING VIII.EMPLOYEE SERVICES ...........................................................................................................................................44 A.PNCWPB ..................................................................................................................................44 ORKLACEANKING B.PNCOP ........................................................................................................................................45 NLINEAYSTUBS IX.ADDITIONAL INFORMATION REGARDING PNC HEALTHCARE FINANCE ..............................................................46 X.EXHIBITS ................................................................................................................................................................48 1.Certificate of Secretary of State, Florida Statues on Public Entity Crimes, and IRS W-9 ............................48 2.PNC Bank Contacts .......................................................................................................................................48 3.PNC Healthcare Advantage Playbookand Sample Implementation Timeline .............................................48 4.PNC Business Resiliency ...............................................................................................................................48 5.University of Pennsylvania Health System Case Study .................................................................................48 6.PNC Institutional Government Fact Sheet ....................................................................................................48 This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 6 I.Management Summary PNC Bank has been an industry leader for decades,providing a full suite of corporate banking and treasury management services to a diverse set of clients. More relevant to Memorial, PNC Healthcare is a distinct business unit within PNC’s Treasury Management group. Over the past twenty years, PNC Healthcare has developed a full array of integrated receivables solutions for providers. An example of PNC’s innovation is the decision tocombine leading clearinghouse capabilities with our premier treasury management services. This decision resulted in a comprehensive revenue cycle solution designed to improve short and long term operational efficiencies. As one of the nation’s top treasury management providers, PNC has the expertise and services to help health systems migrate from paper-based processes to streamlined, HIPAA compliant, electronic processes. Benefits of improving healthcare receivablesinclude reducing the cost to collect each claim, redeploying experienced staff to revenue-producing activities such as A/R followup, creating a more elastic organization to accommodate acquisitions of new physician practices and hospital facilities without the addition of significant numbers of full time employees,and reduced reputational and financial risk related to inadvertent disclosures of patient information or inaccurate posting of patient accounts. Penalties assessed by the Department of Health and Human Services for HIPAA disclosures related to insecure handling of Protected Health Information (PHI) make encrypted electronic information a much more attractive financial risk than information conveyed on paper. There is an increasing amount of industry information that documents these benefits. The U.S. Healthcare Efficiency Index National Progress Report on Healthcare Efficiency (2010) suggests that, by migrating from paper to electronic remittances and payments, providers can reduce the cost to collect by $1.49 per claim and $2.40 per payment (half of the total estimated cost shared between providers and payers). Additionally, a recent study by one of our clients, the Physicians Group of the University of Pennsylvania Health System (Penn Medicine), found that implementing receivables automation allowed redeployment of staff to A/R follow up, producing an estimated $100,000 to $250,000 per month in additional revenue per redeployed full time employee. Based on our extensive experience with healthcare providers to reengineer workflows to reduce costs associated with handling massive volumes of data and payment transactions, we are confident that Memorial will achieve additional cost reductions by moving into more automated solutions with PNC Healthcare. We will be happy to model the potential impact of these solutions utilizing the services of our Revenue Cycle Advisory Services group through a comprehensive assessment of existing workflows and processes related to receivables functions in order to identify any opportunities that may exist. In addition PNC will assist Memorial in determining the costs and benefits of any identified opportunities and recommended solutions. Following is a list of tasks to accomplish this. TASK 1: PROJECT KICKOFF AND DATA COLLECTION We will schedule a kickoff call to introduce our project team and discuss the assessment objectives. We will also review our data request and interview list. In addition, we will review target timelines established for completing the assessment, including receipt of data and dates for our on-site review tasks. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 7 TASK 2: INTERVIEWS, DATA ANALYSIS, BENCHMARKS AND GAP ANALYSIS PNC will conduct on-site interviews with revenue cycle and payment posting leadership as well as payment posting specialists and others involved in the payment posting process. We will review key areas and processes, and analyze datato identify process improvement gaps and opportunities within the payment posting function. PNC will calculate the financial impact of addressing process gaps and implementing recommended solutions. Payment posting functions will be compared against best-practice examples to identify opportunities to improve efficiency. TASK 3: ORGANIZATION STRUCTURE AND STAFFING REVIEW PNC will review the organizational structure and reporting relationships of the payment posting • function. PNC will perform a review of staffing levels to determine whether opportunity exists to enhance • existing resources, reduce staffing or redeploy resources. PNC will make recommendations for the appropriate implementation of staffing needs. • TASK 4: FINALDELIVERABLES The final deliverable of this assessment will include the following items: 1.A summary of findings and recommendations Highlight functions that are performing well • Identify areas for improvement and provide specific recommendations to improve • performance 2.Provide estimate of financial impact related to any identified opportunities to reduce cost and improve cash flow If Memorial is interested in this approach, we will create a scope of services agreement outlining these tasks (and others that might be identified as critical), and will determine whether the assessment is performed pro-bono or for a separate fee. To summarize, our leading-edge solutions are supplemented by the expertise of PNC’s dedicated Healthcare team, with the goal of maximizing our clients’ success. For example, utilizing the 1,100 connections that PNC Healthcare has built to connect payers and providers, our Enrollment Team canassist Memorial in prioritizing and proactively enrolling payers for electronic remittances (835s) and electronic payments (EFTs), Memorial will benefit from our experience with many similarly sized PNC clients who have faced the same challenges and opportunities for improvement, and who have: Achieved savings and efficiencies by implementing automated revenue cycle collection solutions, including Patient Pay lockbox. Reduced reliance on paper processing through the use of our Direct EDI 835 (electronic EOB) solution and Intelligent Optical Character Recognition (IOCR) technology. Maximized cash flow and reduce Days Sales Outstanding (DSO) by reducing receivables processing time. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 8 Increased visibility into remittance adjustments to aid in the Denials Management process. Automated cash journal entries by utilizing our PINACLE® Information System coupled with an upload of a BAI file. Revenuecycle solutions represent a major focus, but our capabilities are much broader. Specialized solutions for providers include traditional treasury management and core banking services coupled with procure-to-pay solutions, institutional investment management, bond underwriting and remarketing, letter of credit enhancement in support of variable rate demand bonds, and taxable and tax-exempt bank credit products, to name a few. Our commitment to healthcare is further evidenced by more than $12 billion of committed financing to the sector. PNC Healthcare originated with and evolved from the combination of treasury management and revenue cycle solutions. We pride ourselves on listening to and consulting with our clients, and believe that ideas for best-in-class enhancements to healthcare solutions are found within the provider community. We are guided by an Advisory Board, comprised of 19 provider leaders from across the country, and we look forward to adding Memorial Healthcare System to our esteemed list of clients. We can confidently saythat both our organizations will benefit from the relationship. OurApproach PNC’s approach to the healthcare industry is built on the foundation of three differentiating components: Leadership, Experience, and Unique Solutions. Leadership–PNCisapioneerinthehealthcareindustry,as provenbya longhistoryofleadership engagement: First bank to be EHNAC (Electronic Network Healthcare Accreditation Commission) accredited for • Clearinghouse, Lockbox, and E-Commerce. Only bank to participate in developing the national standard for the 835 ERA (Electronic • Remittance Advice). First bank to send an 835 (1994). • First bank to originate an 835 ACH program with a nationalpayer (2001). • First bank to develop a “re-association engine” (re-associating data and dollars). • First bank to be named “Healthcare Enterprise Bank” by U.S. Treasury (2003). • Experience–PNC has a dedicated national healthcare team that has been offeringtargeted solutions for nearly two decades. PNC serves over 1,600 healthcare clients, including many national and regional healthcare systems, home healthcare providers, large physician networks and numerous payers. PNC’s Healthcare Advisory Board provides PNC Healthcare valuable feedback and insights on • the solutions we bring to the marketplace PNC’s dedicated healthcare sales, product, and service staff of 200+ specialists is experienced in • implementing and servicing new and existing clients. PNC processes large volumes of healthcare-specific transactions, including over 7 million • direct 835 claim payments and over 3 million IOCR 835s created for provider clients each month. PNC has developed almost 1100 directpayer connections to provide our customers with direct • 835 service Unique Solutions –PNC has invested over $50 million over the past few years to develop healthcare This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 9 industry-specific solutions. Our Healthcare Advantage platform provides hospitals a single integrated system to manage data • through the complete revenue cycle process. Full service healthcare clearinghouse capabilities can process all revenue cycle transaction sets • (270/271, 278, 837, 276/277, and 835). In-house Intelligent Optical Character Recognition (IOCR) creates manufactured 835s from • paper EOBs. Incorporated payer contracts and the Charge Data Master uncover payer underpayments and • ensure outbound claims include all charges. The basis of our approach to automation is depicted in theReceivables and Payables Continuum diagrams. This approach is unique because it allows Memorial to engage PNC Healthcare through modular services. We will work with Memorial to develop a thoughtful plan which will have an immediate impact on your receivables and payables processes. In the past this approach has allowed our clients the autonomy to personalize their strategy and assign only necessary resources to each automation project, minimizingthe impact on current operations. On the following pages, beginning with adiscussion of our revenue cycle solutions, we will progress to a presentation ofPINACLE®, our commercial on-line banking system, depository and payables solutions. II.PNC Healthcare Receivables Continuum PNC Healthcare works with clients to progress along the continuum of receivables solutions with the goal of achieving a fully electronic posting environment. Eliminating paper and automating manual processes will enable Memorialto automate payments from all sources at a lower cost per claim payment posted. In this proposal we will discuss both solutions for patient receivables (shown below in blue boxes) and commercial receivables (shown in orange boxes). This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 10 PNC Healthcare Receivables Continuum Image Patient Lockbox Payer Express OCR-scannable documents Customized website allows • Transmissions posts patents to view bills and pay Mail received and payments electronically online processed at provider Provider uses images for site Payment methods include: • research and patient service Payments posted ?Checking or savings account Optional credit card manually processing?Credit or debit card Traditional Wholesale Lockbox PNC forwards EOBs and check copies for manual posting by provider. Deposit On-Site Checks scanned at provider site Direct 835s IOCR Advantage Electronic deposit to Enroll payers for PNC captures data from Image Commercial PNC electronic remittances and images of lockbox EOBs Insurance Lockbox payments to create a Provider uses images for “manufactured 835”for Auto-match payments and manual posting and research posting. remittances “Virtual batching”assists with reconcilement and work assignment 100% electronic 100% manual posting posting A.PNC Experience with EPIC EPIC is a patient accounting system that is built to facilitate automation. PNC Healthcare has worked with EPIC clients since 2008, and we have several revenue cycle projects in process for multi-entity EPIC clients. EPIC technical requirements,especially those concerning identifying data to particular payer plan codes, require some customization in order to maximize automated posting rates. The chart below illustrates how PNC Healthcare meets EPIC technical requirements. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 11 EPIC RequirementPNC Healthcare’s Solution Proprietary patient lockbox file formatCustom file from PNC’s patient lockbox service, now in production for several EPIC clients Single payer Direct 835s matching EPIC payer plan PNC can send single payer 835s, and can include codesthe EPIC payer plan code in the ISA segment of the 835 to facilitate the match on EPIC. This is in production for several PNC clients. Payer plan code associated with each lockbox PNC can populate the EPIC payer code into each check included in a multi-payer “manufactured” “manufactured” 835 transaction as part of our 835IOCR process. In addition, we can group individual transactions by payer type/EPIC “super payer” plan code. This is in production for two PNC clients. Image linkage to the patient account on EPIC, to PNC’s “manufactured” 835 contains the allow the user to click an image link on EPIC and “metadata” required for EPIC to build this linkage. view an EOB imagePNC could also provide the proprietary EPIC HL7 image index file format as needed. PNC has scoped requirements for the HL7 index file, but we do not currently have a client in production. Proprietary file format for automating cash Custom file from PNC’s insurance lockbox service, reconciliation via the new EPIC Cash Management which includes check and EFT information, and can moduleassign an EPIC payer plan code to each check In 2011, EPIC processed through the lockbox. informed PNC that we were the first bank to transmit a processable Cash Management file to an EPIC client. B.PNCHealthcare Commercial Insurance Lockbox Collections Through our Commercial Insurance Lockbox. PNC collects client mail and prepares deposits for healthcare providers at PNC-owned and operated sites across the U.S. PNC processes more than 108 million lockbox transactions per year, and roughly 25 percent of those transactions are for healthcare clients. All PNC Lockbox staff members are HIPAA trained, and PNC is currently the only bank in the U.S. that is certified by the Electronic Healthcare Network Accreditation Commission (EHNAC) for medical lockbox services. Benefits to our clients include: Accelerated funds availability Improved control of paper documents, which reduces HITECH risk Improved patient service via the A/R Advantage searchable image archive Reduced costs for paper handling and paper storage Enhanced cash reconciliation and cash reporting tools Increased revenue through redeployment of staff to accounts receivable follow up To utilize Commercial Insurance Lockbox, mail must be directed to a client lockbox address at a PNC lockbox site. PNC will assign a unique address to each box out of PNC’s unique or shared unique zip code. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 12 PNC collects mail multiple times per day, expedites the deposit, and provides access to same-day images of lockbox transactions via the A/R Advantage module on PINACLE®. Commercial Insurance Lockbox clients receive accelerated funds availability on all checks deposited through the lockbox. To meet HITECH security requirements, all transactions processed through the lockbox are imaged, including payments, accompanying remittance material, and non-financial transactions. Non-financial transactions are denoted “correspondence” at PNCand may include zero-dollar EOBs as well as other types of correspondence. Many PNC healthcare clients post cash from A/R Advantage images in a dual screen environment, where one screen displays lockbox images from the A/R Advantage Web portal, and one screen displays the patient billing system to which patient payments will be posted. If the provider can post from images, PNC can truncate paper documents after the first 30 to 60 days of lockbox processing. Paper EOBs are retained at PNC’s lockbox site for 3 business days after the lockbox deposit, then shredded. Eliminating the return of paper documents reduces daily courier costs, which can be significant for a commercial insurance lockbox. Long-term storage costs and indirect costs associated with employee time spent scanning documents into image systems, orretrieving historic paper documents from file cabinets or company archives, are also reduced. The A/R Advantage portal provides access to full-color images of checks, envelopes, and the back and front of each page of the EOB or other remittance information. Images can be viewed on-line, or printed as individual transactions or in batches. A search screen and downloadable spreadsheets provide tools for locating transactions and reconciling cash. (Note: Clients wishing to search for EOB images by patient name or patient number should subscribe to PNC’s IOCR Advantage service. See the description of IOCR Advantage for additional information.) In addition to reducing cost, the A/R Advantage image platform helps reduce HIPAA-related risk. The risk of inadvertent disclosures of Protected Health Information (PHI) is higher when PHI is delivered in paper form. EOBs may be lost or misrouted in the mail, or even at the provider’s office. In addition to normal mail or courier problems, payer practices such as “house-holding,” wherein print-mail vendors offer reduced postage fees by mailing remittances from several payers to a single provider in one envelope, increase the possibility that PHI may be misrouted or lost. Using A/R Advantage images to post cash,and for long-term storage of remittance information, eliminates the return of paper documents and reduces the risk of inadvertent HIPAA disclosures. Standard A/R Advantage risk-reduction procedures include the following: All lockbox work for healthcare clients is imaged, and, if paper is returned, the package must be sent via a traceable method (UPS or FedEx). For all lockbox clients, PNC visually verifies the payee name on each check to confirm that the check and accompanying documentation belongs to the client who owns that PNC lockbox address. Envelopes/boxes from known print/mail vendors are examined to attempt to identify EOBs not belonging to the provider lockbox-holder. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 13 Lockbox images are displayed via PNC’s secure A/R Advantage Web portal, which is part of PINACLE®. (See additional information on PINACLE® security for more details.) Transmissions of lockbox EOB images must either be encrypted or sent via secure transmission. PNC recommends that Commercial Insurance payments be processed in a separate lockbox from patient payments. If the provider will eventually use PNC’s IOCR Advantage service to convert lockbox payments and EOBs to “manufactured” 835s, PNC requires that the provider open separate lockboxes for Commercial Insurance and patientpayments. Patient payments do not include sufficient information to create an IOCR “manufactured” 835, and PNC provides a lower cost service (Patient Payment Lockbox) that creates a data transmission to automatically post patient payments. Standard Commercial Insurance Lockbox Service features include: Multiple pickups of mail from the Post Office each day, and daily processing of one or more lockbox deposits. (NOTE: If the client intends to use IOCR Advantage service, PNC requires that the client select one lockbox final cut per day, and that the final cut be in the morning. This is to allow sufficient time to convert EOB images to “manufactured” 835s and resolve any balancing or data interpretation issues that may arise during EOB conversion.) Access to same-day information about lockbox activity via the A/R Advantage Web portal, including a list of deposit batches by day, and the ability to drill down to images of individual lockbox transactions. Storage of images and associated data for a 60-day period with access through the PNC A/R Advantage portal on PINACLE®. (Long-term storage for up to 10 years is available as an optional service.) The ability to search stored images using check-level information captured during the lockbox process. Check amount, and check number are common search elements for Commercial Insurance Lockbox; if other data, such as an insurance company name or payer plan code is captured during lockbox processing, that information may also be available as search fields for stored images. (Note: the ability to search on patient-level information from EOBs is not available as a standard feature of Commercial Insurance Lockbox, but PNC does provide this functionality as part of IOCR Advantage Service.) The ability to download lockbox transaction information to Excelfor analysis or research. Access to lockbox transaction information and images for an unlimited number of users via the A/R Advantage portal on PINACLE®. Customization of column headings on the Transaction screen of A/R Advantage. For example, the “Remitter Name” column might be customized to read “Payer Name” for a particular provider. Custom Commercial Insurance Lockbox Service Options C. Custom service options include the following. These options may lengthen the implementation time, or result in additional fees, if selected. However, many providers find these optional services invaluable in improving revenue cycle workflows. PDF batch level or transaction level printing of images, which allowsthe client to create an Adobe®file containing the image batch, or individual transaction image (check, coupon, and other This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 14 accompanying documentation) and to print or save the Adobe® file. Virtual batching by payer.If the provider can identify major contract payers or payer financial classes by the MICR line(s) of the checks sent to the lockbox by those payers, PNC can populate a name or payer plan number for each check and then “virtually sort” check and EOB images into batches that match payer groupings or financial classes on the patient billing system. Image transmission or image download from the A/R Advantage module on PINACLE®. Files can be delivered as either TIFF (black and white) or JPG (full-color) images, with an image index file in Comma Separated Value (CSV) format that can be imported into a document imaging system. (Note: the client must have a TIFF viewer to view native TIFF images that have been downloaded from A/R Advantage.) It should be noted that the image index file created by A/R Advantage is a “check level” index file that does not contain patient level data. Providers wishing to index EOB images by patient account number can subscribe to IOCR Advantage service. (See separate service description for IOCR Advantage.) Including ACH payments in a separate batch on the A/R Advantage portal. PNC can import ACH payment information into the Commercial Insurance Lockbox, and can include this information in human readable format in a separate lockbox batch. This allows ACHpayments to be included in the same lockbox workflow as check payments for cash reconciliation purposes. For healthcare payments, PNC has performed custom mapping to display data elements required for matching payments to remittance information on A/R Advantage. For example, if the payer sends a trace number in the wrong place in an ACH addendum record, PNC may be able to move the trace number so that it displays properly in the A/R Advantage “human readable” report. This ability to “normalize” payer ACHinformation depends on whether the payer has sent the information, and whether a consistent programming rule can be built to extract the required data. Remapping ACH data is performed through PNC’s Electronic Data Interchange (EDI) system, not in A/R Advantage, so this type of data “normalization” adds additional programming time for each payer for which remapping is required. Transmission of a cash reconciliation file. Check and ACH information can be transmitted from Lockbox in either a standard Lockbox BAI (Bank Administration Institute) file format, or a custom flat file format, to the provider’s cash reconciliation system or general ledger system. The cash reconciliation file creates an automated “control total” that can be used to validate the individual amounts posted to patient accounts from the Explanation of Benefits (EOB) that came with the lockbox payment. D.Complementary Services used by Commercial Insurance Lockbox 1.Remittance on Site This service allows the provider to scan EOBs and checks received at the provider office and transmit those items to the Commercial Insurance Lockbox process. Remittance on Site eliminates the need to mail checks and EOBs to the Lockbox, or make a manual deposit at a branch. Electronic Remittances (Direct 835 Service) 2. PNC Healthcare has connections for electronic remittances with more than 1100payer plans, enabling providers to reduce Commercial Insurance Lockbox and manual posting costs by This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 15 enrolling for Direct 835s and electronic payments. (Please see our current Payer Report for a listing of all Direct 835 connections available through PNC. As part of Direct 835 Service, PNC will contact payers not on the report at the request of individual clients. If the payer can provide an 835, PNC will work to enroll that payer on behalf of that client. PNC’s Healthcare Onboarding Team can review EOBs coming through the Commercial Insurance Lockbox, match information against the PNC Direct 835 payer list, and provide advice on which payers can be enrolledfor Direct 835. See the service description for Direct 835 for more information. PNC processes more than 5 million Direct 835 transactions for providers each month and has connections with more than 1100 payer plans. More than 90 percent of PNC’s connections are directly with the payer, eliminating extra clearinghouse “hops” that may cause delayed or lost files. The PNC Payer Services Team makes enrolling for 835s easy by completing payer-required paperwork for clients’ signature and by enrolling providers for ACH/EFT payments when the payer offers electronic payments as an option. All 835 files are validated for HIPAA compliance as they are processed. Unless a client has specified that they want all files transmitted, regardless of HIPAA status, PNC stops files that fail the validation process due to syntax or balancing errors. PNC Healthcare service staff then proactively contact the payer to request that the file be corrected and resent. The PNC Healthcare Advantage platform allows inbound payer 835 files to be split by NPI, Tax ID, and/or sending payer ID, making it easy to transmit correct outbound files to the appropriate provider entity. The Healthcare Advantage Web portal provides a real time view of all files received by PNC, and allows transmission schedules to be customized by provider. Transmissions to providers can be scheduled at any time during a 24-hour period, and multiple transmission windows are available. Additional features of PNC Healthcare Advantage include human- readable reports of 835 transaction information at both the payment and patient level, automated matching (reassociation) of 835 files and ACH/EFT or check payments, and reporting tools for denials/adjustments, provider level adjustments (PLB), and reassociated payments. Benefits of PNC’s Direct 835s to our clients: Expedited enrollment for electronic remittances and payments, accelerating cash and reducing days in A/R. Reduced IT and Revenue Cycle staff workload through consistent delivery of balanced, syntactically correct files. Comprehensive view of 835 processing status and 835 data via PNC Healthcare Advantage makes monitoring files easy. Intuitive reports facilitate research and cash reconciliation. Flexible “file splits” and file delivery methodsfacilitate posting to the patient billing system. 3.IOCR Advantage Service This service converts Commercial Insurance Lockbox check and EOB images to “manufactured 835s” for automated posting to the patient billing system. IOCR Advantage is available to Commercial This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 16 Insurance Lockbox clients using any PNC Lockbox site, and the service is provided by PNC employees at PNC-owned sites, with no off-shoring of Protected Health Information (PHI). See the service description for IOCR Advantage for more information. Benefits of PNC’s IOCR Advantage Service to our clients: High automated posting rate (typically 90% or higher). Increased revenue through redeploying staff to A/R follow up. Reduced costs for manual paper handling and paper storage. Normalized data facilitates analysis of lockbox payer remittances for denial and contract management, increasing revenue. Reconciliation reports facilitate cash reconciliation and adjustment research. Although the most cost-efficient way to automate cash posting is to receive 835s directly from payers, some payers and health plans do not offer HIPAA-compliant 835s. To augment PNC’s Direct 835 process, IOCR Advantage creates “manufactured” 835 files from paper Explanation of Benefits (EOBs) and checks sent to any lockbox in the PNC national lockbox network. This allows providers to automate the posting process for any payer, including secondary, auto, and workers compensation payers that do not offer, or have incomplete data, in a Direct 835 transaction. Images of EOBs and checks received in lockboxes are transmitted to PNC’s IOCR Advantage process after the final lockbox cut. Unlike most industry EOB conversion offerings, IOCR Advantage is owned solely by PNC and is operated by PNC employees without the aid of any offshore keying or programming. The solution uses the latest available technology which lifts data from the EOB images using programmable document templates. Provider-and payer-specific “business rules” can be included in standard EOB templates to insure thatclaim status codes and adjustment reason codes are populated correctly to meet the provider’s billing system requirements. After data is lifted, it is compared to information from the original claim (transmitted by the provider) to insure accuracy, or toaugment critical posting information absent from the EOB. Information is then populated to a “manufactured” 835, which is balanced to the original EOB and check. The balanced 835 is then transmitted to the provider via PNC Healthcare Advantage. A human-readable version of the 835, with a link to the original black and white (TIFF) EOB image, is available to search, view, and print from the PNC Healthcare Advantage portal. Images are stored on PNC Healthcare Advantage for seven years. In addition to completing the payment automation process, IOCR Advantage improves denial and contract management processes. All payer proprietary codes from EOBs are mapped to a HIPAA adjustment reason code, creating consistent data across all 835s for denial and contract management analysis. PNC maintains a standard reason code map within IOCR Advantage, but code mapping may be customized for individual clients as needed. For example, if PNC would normally populate a CO 45 (contractual adjustment), but the provider’s contract with that particular payer requires that the unpaid amount be written off, versus being billed to the patient, the provider might request that PNC This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 17 populate a code such as OA 23. The provider specific code would then act within the provider’s billing system to write off the remaining amount due after the payment was posted. PNC also works with providers to customize business rules for populating the appropriate claims status codes for primary or secondary payers, using EOB explanations, payer reason codes, or business rules by payer. For example, claim payments from Bankers Life, a common secondary payer, might always be identified as secondary for a particular provider, even if no clues on the EOB itself suggested that a Claims Status Code of “2”should be populated. Through PNC Healthcare Advantage, PNC has the ability to split “manufactured” 835 information from one lockbox deposit into separate data files by payer, payer group, or payer financial class. This facilitates matching of data to unique payer plan codes on the provider billing system. To assist in cash reconciliation, PNC provides the IOCR Exception ReportandPLBReport. The IOCR Exception Report lists Commercial Insurance Lockbox check transactions that were excluded from the “manufactured” 835. Excluded checks might include a patient check sent to the wrong lockbox, a check from a payer where the EOB duplicates a Direct 835 already received by the provider, or a check with insufficient information to create an 835 transaction. The IOCR Exception Report displays the Lockbox Transaction ID (TID) for each excluded check. The TID can be used to locate the image of the lockbox transaction for manual posting. The PLB Report displays any Provider Level Balance transactions created during the IOCR process. These include interest payments or “take backs” that are not directly associated with a patient payment from the EOB. The PLB Report makes researching adjustments easy by allowing the user to click through to the “manufactured” 835data, and then to the image of the EOB that was the source of the PLB adjustment. 4.Reassociation Service As providers increase the number of 835s received, and move to electronic payments to accelerate cash flow, the issue of matching 835s to payments becomes more and more problematic. Sarbanes- Oxley and other accounting guidelines discourage routine updating of patient receivables in situations where the actual financial transaction has not been received. Since 835s typically travel through a non-bank clearinghouse, and payments travel through the banking system, matching remittance information with payment information is a cumbersome manual process for most providers, involving bank reports, billing system reports, and large spreadsheets. In addition, because the timing of receipt of 835s and payments can vary widely by payer, and because some payers use “bulk” financial transactions to pay for multiple 835s, the matching process is extremely difficult to automate using conventional business tools. Because PNC is both a bank and a clearinghouse, we receive both 835s and financial transactions (checks and ACH credits) from payers. Using a special module in PNC Healthcare Advantage, payment data from PNC’s lockbox network and ACH processing system is compared in real time to 835 transactions received from payers. The 835 data is warehoused until a matching payment is received, then the “fully funded” file is transmitted to the provider for posting to the patient billing system. Systemic matches are made based on the payer-provider relationship (Tax ID/NPI match), the Trace Number recommended by the HIPAA standard, the effective date of the payment, and/or the payment amount. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 18 PNC Healthcare Advantage resolves both the “bulk” payment problem andtiming issues. “Bulk” payments are logged by the system, and individual 835 totals are subtracted as matches are made, with the remaining balance of the payment displayed until all 835s have been reassociated with the payment. Both 835 and payment information is warehoused, so payments received before their associated 835s are stored for the specified warehouse period while awaiting a future match. The warehouse period is client-specified, although PNC may recommend a warehouse period using our knowledgeof the habits of specific payers. If no matching payment has been received by the end of the warehouse period, a system email is generated to the provider’s Reassociation contact, inviting that user to log into PNC Healthcare Advantage to review the transaction. At that time, the user can elect to review payment information and try to make a manual match, instruct PNC to send the 835 transaction without a match, or leave the 835 unmatched in the system. Benefits of PNC’s Reassociation Service to our clients: Facilitates compliance with SOX and other accounting regulations. Reduces time spent reconciling cash manually. Highlights missing payments so payers can be contacted immediately. Allows staff to focus on more valuable activities. 5.PNC Healthcare and Workers Compensation Payments Although Workers Compensation remittances were a “carve out” from HIPAA requirements, a number of Workers Compensation payers have recognized the value of utilizing the 835 standard for Workers Comp remittances. PNC Healthcare has established Direct 835 connections with early adopters such as Liberty Mutual and Travelers Insurance, and other 835 connections are available through relationships with Workers Comp specialists such as Jopari Solutions, Inc. 6.Patient Lockbox Service We propose you maintain your current structure of directing patient payments to a separate lockbox from commercial payments to take full advantage of the technology available to capture payment information available on patient payments. PNC Healthcare’sPatient Lockbox service leverages our top performing National Lockbox Network, enabling you to collect payments from patients in an efficient and cost-effective manner. Patient Lockbox expedites the mail delivery and deposit of patient checks sent to healthcare providers, using PNC-owned and operated sites across the U.S. PNC collects mail multiple times per day, expedites the deposit, and provides access to same-day images of lockbox transactions via the A/R Advantage module on PINACLE®. PNC Healthcare then transmits remittance and payment information to providers for automatic update of their patient billing systems. PNC Healthcare processes more than 108 million lockbox transactions per year, and roughly 25 percent of those transactions are for healthcare clients. All PNC Lockbox staff members are HIPAA trained, and PNC is currently the only bank in the U.S. that is certified by the Electronic Healthcare Network Accreditation Commission (EHNAC) for medical lockbox services. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 19 Benefits to our clients: High automated posting rate (typically 95-99%). Accelerated funds availability. Improved patient service via the A/R Advantage searchable image archive. Reduced costs for paper storage, second bills, and patient collections. Integration experience with many patient billing systems and document image systems facilitates implementation Best practice for Patient Lockbox is for the statement to display patient information in an Optical Character Recognition (OCR) line at the bottom of the return portion of the statement. Since Memorial accepts credit card payments, the patient can write credit card information on the statement and PNC Healthcare will process the credit card payments through a system called IC Verify, provided by PNC Merchant Services. Theremittance document should be designed with a check box to allow the customer to indicate that the preferred method of payment is credit card. The scan line contains, at a minimum, the patient number, amount due, and invoice number (if applicable), andis limited to 72 characters in total. PNC Healthcare also recommends that the scan line include a Modular 10 check digit on the patient number and the entire scan line, to insure accurate capture of data. PNC must test and approve all coupons prior tothe implementation of the service and after changes. Payments returned with OCR scannable documents are imaged, minus the envelope. If a miscellaneous document, such as a patient letter, accompanies the check and OCR coupon it will be imaged as part of the transaction. Using Intelligent Character Recognition (ICR) technology, PNC Healthcare lifts data from the scan line on the statement and maps it to an electronic remittance format in Bank Administration Institute (BAI), 835, or a customized format. If a payment does not arrive with an OCR scannable coupon the patient number is keyed manually, if available. The Patient Payment 835 is a PNC Healthcare proprietary file that uses the 835 file format, versus the HIPAA-compliant Direct 835 received from a payer, because the data captured during the patient lockbox process is limited. If the provider chooses the Patient Payment 835, the file is sent to PNC Healthcare Advantage for transmission and upload to the patient billing system. Files not in the Patient Payment 835 format are transmitted to the client directly from PNC’s Lockbox platform. 7.Standard Patient Lockbox Service Features Assistance in designing a patient coupon with an Optical Character Recognition (OCR) line containing information needed to post the patient payment to the client’s billing system. Transmission of a file in Bank Administration Institute (BAI) or another “flat file” format that will allow automated posting of patient payments to the billing system. This file can be customized to meet unique billing system requirements. PNC currently supports custom Patient Lockbox file formats for EPIC among other common patient billing systems. Imaging of all checks, coupons, and other information accompanying checks. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 20 Imaging of non-financial correspondence. Storage of images and associated data for a 60 day period with access through the PNC A/R Advantage portal on PINACLE® (PINACLE® is our on line commercial banking information and transaction site and is described in detail under the Information Reporting and Technology section). Long-term storage for up to 10 years is available as an optional service. The ability to search stored images using information captured during the lockbox process: patient number, check amount, and check number are common search elements for patient lockbox. Access for an unlimited number of users to lockbox information and images via the A/R Advantage portal on PINACLE®. Some customization of column headings on the A/R Advantage Transaction screen. For example, the column typically labeled “Invoice Number” could be labeled “Patient Number” or “Encounter Number” for a healthcare provider. Generation of image CD ROMS. (Clients using long-term archive service or the image transmission/downloadservice typically do not require CD ROM output). 8.Custom Service Options Available service options are shown below. These options may result in a longer implementation timeframe or additional fees if selected. However, many healthcare providers find these services invaluable in improving revenue cycle efficiency: Virtual batching of images by expected posting status, payment type or facility/office/entity Batch level or transaction level printing of images, which allows the client to create an Adobe® file containing the image batch, or individual transaction image (check, coupon, and other accompanying documentation) and to print or save the Adobe® file. Image transmission or image download: Files delivered include either TIFF (black and white) or JPG (full-color) images and an image index file in Comma Separated Value (CSV) format that can be imported into a document imaging system. (Note: Viewing native TIFF images that have been downloaded from the A/R Advantage portal requires a TIFF viewer.) PNC Patient Lockbox image files are currently imported by clients using Hyland OnBase, Siemens Document Imaging, and Documented, among other common document imaging systems. Authorization of credit card payments and inclusion of these payment records on the lockbox output file. Remapping the “flat file” transmission to the PNC standard Patient Payment 835 format to facilitate input to patient billing systems that require an 835. Transactions without an OCR scan line are presented on the A/R Advantage portal for client review prior to generation of the transmission file. Clients have the ability to correct patient numbers and add/modify/delete other invoice level information up to 30 minutes prior to the final Patient Lockbox deadline for the day. 9.Patient Pay Lockbox Best Practices PNC Healthcare recommends the following best practices for patient lockbox: OCR Scan line-Print patient information in an Optical Character Recognition (OCR) line at the This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 21 bottom of the statement. This OCR line is similar in appearance to those found on credit card statements and telephone bills, and contains, at a minimum, patient number, amount due, and invoice number (if applicable). Patient Account Number -Include a Modular 10 check digit on the patient number and the entire scan line to insure accurate capture of data. PNC Healthcare can work with the provider’s print vendor to design anOCR scan line that will help to maximize automated payment posting. Imaging and Supplemental Keying -When the statement and check are returned by the patient to the provider’s PNC lockbox address, payments with scannable OCR documents are scanned, and the check, statement, and envelope (optional) are imaged. If the patient did not return the OCR- scannable statement, then a patient number is keyed if available. Map to 835 -Data captured from the statement OCR line and the check is mapped to an 835 electronic remittance format or a customized format specified by the provider. The resulting file is transmitted to the provider via our PNC Healthcare Advantage service to update the patient billing system Credit Card Acceptance -If the provider accepts credit card payments, then the patient can provide credit card information on the statement. PNC Healthcare will process credit card payments through our PNC Merchant Services group and include these payments on the 835 or custom file. Auto-Post 835 or Proprietary File Transmission -PNC’s Lockbox Implementations team and the PNC Healthcare Advantage Implementation team collaborate to create and send client test data after establishing an 835 or proprietary file transmission with the provider. The measure of success for an OCR client is receiving and posting the files generated by the Patient Lockbox processes. Most PNC Healthcare clients achieve posting rates exceeding 98 percent for patient lockbox. 10.Lockbox Locations The sites on the following page comprise the PNC National Lockbox Network. All sites are owned and operated by PNC. SITELOCATION PNC –AtlantaCollege Park, GA PNC –BostonWoburn, MA PNC –ChicagoChicago, IL PNC –ClevelandCleveland, OH PNC –DallasRichardson, TX PNC -Los AngelesPasadena, CA This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 22 PNC –PhiladelphiaMoorestown, NJ PNC –PittsburghPittsburgh, PA Cut off times for our recommended Atlanta Lockbox Our goal is to process payments the same day as received. PNC Bank’s deadline for same day ledger credit is 6:00 P.M. (EST). The ledger cut-off time is not applicable to weekend or holiday processing as ledger credit is provided on the next business day. The last mail pickup available for same-day processing is typically between 7:00 a.m. and 9:00 a.m. Please see the Mail Processing section (next page) for specific pickup times at our Atlanta lockbox location. Our ability to process items on a same day basis may be impacted by a number of factors including; mail receipt time, total mail volume received, processing requirements for your lockbox and requested end-of-day cutoff. Each site monitors the amount of mail received along with processed volume ona daily basis. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 23 11.Image on Demand. Within Image On-Demand, clients can search for Paid Checks, Non-lockbox Deposits,Return Items, Returned Deposited Items, and Adjustments. To perform an inquiry, you will need to select account and transaction type, and date (or date range). You may also include amount and reference number to refine your search. Access to historical data in this module varies based on transaction type. Images are stored within Image On-Demand for 7 years. 12.E-Lockbox Advantage. Many patients are choosing to pay their bills using on-line banking bill payment services. Typically, patients originate on-line payments using their financial institution’s Internet-based bill payment services. The amounts are aggregated and a physical check generated. Major providers of these services include Intuit (Quicken), Microsoft (Money), CheckFree, Princeton Ecom, and Medevante. The paper list and the check payment are sent to the lock box for processing. Because a scannable coupon is not included, these transactions become exception items for the lockbox provider. PNC proposes the consolidation of all on-line banking activity with the paper-based output from our lockbox. This is accomplished using our E-Lockbox Advantage product which effectively eliminates all “Check Only” documents. With E-Lockbox Advantage, Memorial will have access to 98% of all on-line banking processors. All payments received through PNC’s E-Lockbox Advantage service settle with same day availability. PNC can also include EDI transactions in your daily transmission. This avoids multiple service provider arrangements and provides a single stream of receivables update information. E-Lockbox Advantage Functionality. Memorial will be registered with MasterCard RPPS (a relationship that may already exist), which maintains a table of nationally recognized consumer billers (i.e. web processors, charge card, utility, insurance, cable and telecommunication companies) and receives payments from 99.5% of consumer payment service providers. Memorial can be listed in a number of different ways, depending upon the names used on your bills. Along with your name, the table stores the various remittance addresses your patients may use and account number edits in order to validate account numbers. When patients initiate their request to pay your bill via their bill payment service, the provider originates an electronic payment according to their remittance schedule to RPPS. By the following business day, PNC is in receipt of the payment, credits your account, and sends the invoice information to you in your daily lock box transmission. E.Remote Deposit. PNC has two remote deposit services: Deposit On-Site and Remittance On-Site. Deposit On-Site is a web- based solution for depositing checks. Remittance On-Site is a software-based service that allows you to send checks and remittance information to your PNC lockbox via an image scanner. The checks are deposited along with the rest of your lockbox items. Checks deposited through Deposit On-Site receive an accelerated availability schedule. Checks submitted via Remittance On-Site receive the same the availability as payments sent to your lockbox via mail. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 24 F.Deposit On-Site. PNC's Deposit On-Site Service will enable Memorial to easily capture images of patient and insurance checks received at your office and transmit these images to PNC for processing. As a result, you can reduce administrative time and expense associated with deposit preparation activitiesand consolidate bank accounts from various locations. Deposit On-Site may eliminate the need to maintain accounts for remote sites at other banks. Multiple accounts and/or locations may be set up to accept deposits through Deposit On-Site. PNC DepositOn-Site service is convenient and easy to use through a desktop scanner located in your office,. The operator keys in the amount for deposit, scan the checks and a balanced deposit is created. With just a quick, click command you can transmit the balanceddeposit to PNC. Deposits can be transmitted any time, several times a day or at the end of your business day, meeting the established PNC extended deposit deadlines. Deposits are accepted for same day posting up until 10 pm EST. All information is stored locally on your PC for a preset number of days. Standard reports are available and can be easily printed for your records. Or, you can choose to customize and create your own reports. Information from all your locations can be imported into Excel spreadsheets to support recordkeeping and decision-making. In addition, through PINACLE®, you can easily verify previous day deposits. Deposit On-Site has built-in security features that: Prevent checks from being transmitted twice. Safeguard against unbalanced file transmissions. Provide two user security levels. Create email confirmation of each file when it is received. Maintain a complete report of deposits and checks. Scanners may be purchased or leased through our third party vendor, NCR Vecmar. Clients are not required to use this vendor; they can order from any company that can provide an acceptable scanner. Scanner specifications are available upon request. G.Remittance On-Site (ROS). PNC’s Remittance On-Site (ROS) service helps streamline payment flow and reduce costs by combining a unique application of check scanning technology with advanced lockbox processing that puts the capability directly in your hands. In addition to capturing check images, ROS enables you to capture check stubs, full page remittances as well as envelopes. The captured images are immediately uploaded to A/R Advantage and integrated with all of your other receivables payment information. The only function the client must perform is image capture and validation of image quality. Transactions submitted via Remittance On-Site enter the A/R Advantage workflow. All check and remittance information capture occurs in the same manner as traditional lockbox items. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 25 Remittance On-Site was designed to provide remote check/document capture, with integration into established lockbox processing and output. The operator at Memorial will be responsible for capturing images of the checks, supporting remittance material and/or envelopes. Transactions submitted via Remittance On-Site enter the normal A/R Advantage workflow. All data capture will be performed within that workflow in the same manner as traditional lockbox items received via the mail. Therefore, any related data entry will be performed within PNC’s lockbox processing workflow, with incorporation into related data transmissions. Following is a workflow diagram for Remittance On Site. III.Commercial On-Line Banking Information Technology. PINACLE® is a versatile, comprehensive product designed to accommodate clients on a national scale. The PINACLE® network contains a number of different modules within its two major groups of services, information reporting and transaction initiation, allowing clients to select only the modules that they need. Since the network is designed and maintained by PNC, a highly integrated, expanded product line is available. Simplified procedures and robust capabilities make it easy to select only the data that is required. PINACLE®, Fax, and BAI file delivery (mainframe and via WEB) are all supported. Access to financial information for both receivables and payables solutions, financial transaction executionand reporting are available through PINACLE®. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 26 PINACLE®delivers powerful, comprehensive online tools with easy and secure access to: A.Zero Balance Concentration and Controlled Disbursement Accounts. Controlled Disbursement Account (CDA) service is a check presentment service designed to help providers minimize idle balances and tighten account management with minimal administrative involvement. The Controlled Disbursement service provides early same-day notification of check clearing totals, allowing Memorial to precisely fund disbursement activity, enhance investment opportunities or reduce borrowing requirements. PNC Bank’s CDA service provides you with complete check detail information by mid-morning. Checks presented to PNC branch offices, or received via a ‘direct send’ after final presentment, will be held over and posted to your account the next business day. PNC’s has three controlled disbursement endpoints , two of which are considered a High Dollar Group Sort (HDGS) endpoint. Daily reporting times for check presentment are: Jeanette, PASalem, NJAshland, OH st 1Presentment8 am ET8 am ET8 am ET 2 nd Presentment10 am ET10 am ET10 am ET The chart below lists the percentage of items and dollars that are received at each presentment time: This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 27 Jeannette, PAAshland, OH st 1Presentment: Items99 %92% nd 2Presentment: Items1%8% st 1Presentment: Dollars99%91% 2 nd Presentment: Dollars1%9% All endpoints offer timely, accurate reporting. When checks clear, detailed information listing the check number and dollar amount of each check presented is available at approximately the same time as second presentment through PINACLE®. Summary level totals include the grand total dollar amount of checks presented; item count and required funding amount. Memorial can pull several standard PNC-created reports, as well as create and generate customized reports via PINACLE®. By selecting from a number of criteria (i.e. account number, transaction type, date range, amount range or reference range) Memorial can create detailed custom reports and set them up to automatically run on a daily basis. PNC’sZero Balance Accountallows you to maintain multiple accounts that may berequired to process your daily business operations and consolidate all balances each night into one master account. The benefits of a Zero Balance structure include: Automatically consolidates funds into one account each night which can be used for investing or funding disbursements. Reduces the time spent initiating transfers between company accounts. Streamlines your monitoring procedures. IV.PNC Business Intelligence In order to address the economic challenges in today’s healthcare world, hospitals and healthcare systems must turn overwhelming amounts of disparate data into readily understandable and actionable information. PNC Healthcare’s Business Intelligence (BI) is an easy-to-use online solution that can organize data from multiple sources, enabling healthcare organizations and providers to report, analyze and manage multiple business metrics or key performance indicators. Using detailed dashboards with drill-down capabilities, you can explore your data down to the granular level. Your organization’s leadership is then empowered with the knowledge and information to directly influence the performance and bottom line of the business. Our “software as a service” solution helps to eliminate capital expenditures and reduce implementation time. There is no costly hardware or software license to purchase. By leveraging our model, you will be able to use the BI tool and its reporting capabilities faster than a client server model. Other benefits of our hosted solution include: Information is stored in a secure PNC data center. There are no capital requirements, just a fixed monthly fee. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 28 Long-term investments in infrastructure are eliminated. Customized dashboards with ad hoc reporting capabilities are accessed via the web. V.Disbursements: Transforming the Payables Process Making a payment is one of the most critical components of the procure-to-pay process. While each payment may call for a different type of payment method, based on the economics of various payment alternatives, there is an ideal mix of payment options. PNC Healthcare and PNC Treasury Management have developed efficient tools over time that help achieve the optimum mix required to support an efficient, streamlined process for centralizing the origination of payments —check, card, ACH or wire transfer—to reduce and/or eliminate the time, risks and expense of maintaining multiple payment processes and systems in-house. Further, PNC has bundled these services into a solution thatcan help Memorial transform its payables management process by developing a payment protocol —a strategic way to maximize value and achieve an optimum payment mix when converting from paper-based payments to electronic payments. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 29 A.Payables Advantage --Solution for streamlining disbursements. PNC Healthcare’s Payables Advantage will help automate Memorial’s disbursement function with a single transmission of consolidated payment files –check, card, ACH and wire transfer, or any combination of these. This results in cost savings and reduced maintenance of multiple payment systems. Memorial can choose when payments should be released, retaining the flexibility to control outbound cash flows, while satisfying your vendors’ needs, and ensuring that all payments are made on time. Payables Advantage offers a number differentiating advantages, including: Schedule payments for automatic release to meet the timing of your invoice due dates. Transmit a single input file to PNC Healthcare for all payment types (check, card, ACH and wire transfer). Eliminate the need to maintain multiple payment processes or support infrastructure such as a secure, in-house check printing center. Customize your checks to include your logo on the check and remittance documents and choose from check templates for accounts payables, dividends, and rebate processing. Leverage PNC’s ACH services to expedite your cash-critical applications such as: This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 30 Bill/invoice payments Pension disbursements Dividends Selectfrom a full range of PNC’s wire transfer services, including: Domestic wire transfers Repetitive and non-repetitive Fed wiretransfers Internal book transfers for same-day settlement Payables Advantage Functionality. The operator transmits either a PNC-formatted flat file or a proprietary payment file that satisfies the Payables Advantage minimum data requirements. Additionally, a control totals file, used to validate your data, is transmitted. Upon receipt and validation of your information, Payables Advantage completes the following: Translates your file and provides verification of receipt to you. Warehouses all payments until your chosen payment date (can be scheduled up to 365 days after the date of your file transmission). Follows your specific check issuance requirements and sends instructions to PNC’s advanced printing system to produce customized checks and remittance documents. Prints and mails checks to your vendors. Provides you with check register and other reporting information for payments initiated via PNC’s PINACLE® Web online banking service. Sends issue file instructions for your checks to PNC’s Account Reconcilement system. Sends designated payments to PNC’s card system where the payment is translated into the proper format and releasedto our card processor for settlement. Releases designated payments to PNC’s ACH system (if applicable) where the payment is translated into the proper format and released to the Automated Clearing House for processing to the requested financial institution and account. Delivers designated payments to PNC’s wire transfer system (if applicable) where the payment is translated into the proper format and released to the Federal Reserve for delivery to the requested financial institution and account. Payables Advantage offers the following benefits: Payments can be scheduled for automatic release to meet payment dates, according to your instructions. Transmit a single input file to the bank for all payments (check, card, ACHand wire transfer) Memorial intends to generate through the Payables Advantage platform. Eliminate the need to maintain multiple payment processes or support infrastructure such as a secure, in-house check-printing center. Customize your checks to include your logo on the check and remittance documents, and choose from check templates for accounts payables, payroll and other processing. Payables Advantage Work Flow This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 31 B.Electronic payment methods (ACH, EFT) 1.ACH Origination PNC Bank has been processing ACH transactions for over 30 years, beginning with the direct deposit of payroll in 1977. We are a recognized leader in the ACH industry, and we are committed to developing innovative products and services that utilize the ACH network. PNC provides ACH origination services for over 9,250 clients. PNC Bank is a member of the National Automated Clearing House Association (NACHA) and has significant influence over the development and governance of the ACH Operating Rules. PNC representatives cast votes on regulatory, legislative and ACH Operator policies, and participate in various work groups to help shape the direction and evolution of the electronic payments industry. PNC is a member of NACHA’s CEBP/Corporate Payments Council and the Secretary Treasurer of NACHA is currently on staff at PNC. PNC provides flexible options for originating Automated Clearing House (ACH) entries along with expert staff to assist in the implementation and ongoing support of your program. We can assist your organization with boththe technical and practical aspects of using the ACH network. Available ACH input methods include direct transmission, via PINACLE®, or via a service bureau or third party sender. It is recommended that you send Direct Deposit and other credit transactions two business days prior to the pay date and one business day prior for vendor payments or direct debit applications. 2.ACH Origination via Direct Transmission PNC’s Direct Transmission input deadline is 10 pm ET. Following are bank supported transmission protocols: This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 32 Point-to-point connection between Transmission Type client and PNC (considered secure per NACHA Rule interpretation) Dial FTP Yes Dial ISDN Yes Dedicated ISDN Yes Dedicated or fractional Point to Point T1 Yes Dedicated Frame Relay Circuit No VAN/VAR (Value Added Network / Value Added No Retailer) \[GIES\] SDLC / SNA (legacy connection) Yes Dedicated MPLS Circuit No For direct ACH transmissions, the PNC ACH service file process relies on external control totals from its clients to verify the accurate and secure receipt of ACH transmissions. Direct file clients may use touch-tone phone entry or a separate transmission to report dollars originated and number of items. In addition, PNC offers a Schedule Checking/Delivery Service to verify receipt of your file. Memorial will provide PNC with a schedule of anticipated file delivery dates and times. If your file is not received on the specified date, at the designated time, we will alert an authorized company contact. Retention Times for Future Dated Transactions. The bank’s maximum retention period for future dated transactions is 365 days. Our default retention setting for future dated transactions is 14 days. Should you need to future date for more than 14 days, please advise us in advance so the parameters can be reset. Capabilities for Repetitive Transactions. Customers are encouraged to build databases of repetitive transactions. The PINACLE® ACH module provides several user-friendly templates to make keying data into a database fast and easy. Databases will be maintained and are available for batch initiation immediately upon creation. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 33 3.ACH Origination via PINACLE® The deadline for sending your ACH file through PNC’s browser-based PINACLE® ACH module is 8 pm ET. PINACLE® Web offers multiple security levels for ACH. Settings may be applied by User, Business Unit, Account, Dollar Amount, or Type of Transaction. Company Security Administrators are responsible for creating and changing security levels for authorized users. Both dollar limits and functions can be assigned globally, across all payment types, or assigned specifically by application. Operators can be given view and/or edit access to reports and databases, at both the summary and detail levels. Within PINACLE® Web, there are different types of secondary authorization or dual approval features that can be used. These settings are requested bythe company, and are assigned on the bank side, by a PNC Bank Data Security representative. Secondary Operator Approval –Requires all new operator set-ups and operator maintenance performed by a Company Administrator to be approved by another Company Administrator Secondary Database Approval –Requires all database creations and modifications to be approved by a second, authorized operator, before the database can be used to create a batch Secondary Batch Approval –Requires all batches creations to be approved, before they can be released to the bank for processing 4.ACH Special Reports The following special ACH Reports are available through PINACLE®: Returns ReportsACH Origination Reports -Return Item-File Acknowledgement -Notification of Change-Settlement projection -Redistributed item report-Maintenance -Web Origination: ACH Query 5.Wire Transfer Capabilities PNC Bank has offered wire transfer services for over 40 years. More than 12,000 corporate clients are currently using our wire transfer services. PNC uses the Federal Reserve Bank’s Fed wiresystem to send and receive domestic wire transfers. PNC Bank is also a member of the SWIFT network (Society for Worldwide Interbank Financial Telecommunications) to facilitate international transactions. PNC offers a full range of high-speed, secure wire transfer solutions that offer same-day settlement and timely information reporting. PNC can process transactions in both U.S. dollar and foreign currency denominations. PNC Bank’s wire transfer service offers five methods for initiating wires, described below: This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 34 Voice (operator assisted) • Inquire about previously executed transfers through our Investigations area. •Request changes to your existing wire transfer setup instructions. •Receive a PIN to be used to initiate all wire transfers. All calls are recorded and monitored to maintain the highest levels of customer service and security. Online via PINACLE® Funds Transfer module • Initiate Fed payments and international payments in U.S. dollar and foreign currency. • Initiate book transfers and drawdowns. • Originate payments as single transactions or use the payment file import functionality to import a file of wire payment transactions. • Self-administer the setup of employees who should be granted access to the module and assign entitlements to each user. • Easily setup repetitive wire instructions online (real-time update) without the exchange of new documentation with PNC. •Access a wide variety of wire activity reports and easily perform research or reconciliation. Mainframe File Transmission (BatchWire) • Routinely initiate large volumes of wire transfers in a highly automated environment. • Eliminate the need for your staff to key wire input. • Leverage voice (operator-assisted) initiation if you have automated disbursement systems. • Choose the file format that works best for your organization for either domestic or international transfer processing: SWIFT, EDI 820, XML, ANSI, GXML, NARR, SWIF and UEDI file formats Standing transfer order • Establish standing, repetitive funds transfer instructions to automatically initiate and release wires for processing. • Determine the criteria for the transfer: • Amount • Debit and credit accounts • Execution frequency (e.g., daily, weekly, biweekly or monthly) • Duration • Automatically transfer funds until your standing order expires or you notify us otherwise. • Automatically draw funds from another account to meet pre-established target balances you determine. Society for Worldwide Interbank Financial Telecommunications (SWIFT) • As a fully SWIFT-capable financial institution, PNC can send and receive instructions to transfer funds via SWIFTNet in cooperation with other SWIFT-capable corporations, financial institutions and service bureaus. VI.Additional Solutions A.PayCard As part of PNC Bank’s suite of Card Services, the PNC PayCard offers companies an opportunity to This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 35 electronically pay employees who do not have a bank account. By using the PNC PayCard, employees who were previously unable to receive direct deposit can now receive their pay (payroll, bonuses, cash advances, trip reimbursement, etc.) via their own personal payroll card. As a result, you can reduce the costs associated with processing paper checks while providing employees with a convenient and secure way to receive their salary and obtain cash, make purchases, and pay bills with the convenience and prestige of a VISA debit card. The PNC PayCard helps companies increase employee participation in direct deposit programs by issuing debit cards instead of payroll checks. Your company simply deposits payroll funds electronically to each employee’s Pay Card, just like a regular direct deposit. Your employees canaccess funds by using their PNC PayCard wherever VISA debit cards are accepted —ATMs, bank branches, online, point-of-sale merchants, etc. And, VISA satisfaction surveys reveal that 53% of employees who use a payroll card are more satisfied with their employer than they were prior to using the card. The PNC PayCard provides you with a complete turnkey solution. Upon initiating the program with PNC Bank, you will receive a full set of marketing templates including posters, sign-up forms, fact sheets, etc., so you can easily enroll your employees. We also provide training and phone support, as well as access to the PayCard Customer Service Hotline for your employees. Once your program has been implemented, all you need to do is enroll your employees and fund their pay; PNC Bank does the rest. B.A/P-Card PNC Commercial Card Services has provided procurement card services since 1995, and since that time, PNC Healthcare has developed a strong reputation as a market and thought leader. PNC currently supports over 2,200 corporate programs -spanning procurement, travel, and AP/vendor solutions. A few highlights of our success include: PNC was the first bank to launch an Accounts Payable application; we use the program ourselves with PeopleSoft and are one of our own largest clients with annual spend >$300 million. 73 clients have been in the PNC Card program more than ten years. PNC is the 6th largest Purchasing card provider per The Nilson Report *; annual spend through the program exceeds $6.2 billion. PNC ranks as the fastest growing issuer of VISA branded commercial card solutions with an annual growth rate exceeding 17%. PNC received an “A” rating from large corporate clients in the 2010 Phoenix Hecht Survey. PNC maintains a proprietary database of more than 24,000 suppliers where PNC has established relationships. PNC provides our clients with successful card programs based on three key parameters: technology, vendor enrollment, and service. PNC has created an organization and designed its approach to delivering card services in order to excel in all three of these areas. In 2001, PNC Card Services introduced ActivePay®, a technology to automate card-based settlement in Accounts Payable as well as to manage distributed card programs. ActivePay® providesa common technology platform to manage both accounts payable card-based settlement programs and various distributed card programs including traditional Purchasing Card, T&E, One Card, and FleetCard This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 36 functionality, as well as centralized purchasing/travel programs and declining balance card programs. PNC’s ActivePay® portal provides an unmatched ability to support all core reporting, reconciliation and administrative needs. This solution provides a scalable payment management application. It not only supports the typical discretionary spend for a card program, but also enables automated processing and execution of an approved card-based settlement run. Unique applications of this technology are described in more detail within our response. Vendor Enrollment. One of the differentiating factors for the PNC Card Services program is our Vendor Enrollment program. Our dedicated vendor enrollment team contacts designated vendors on your behalf to enroll them in the card program. We report the results back to you through our enrollment tracker, and continuously monitor your vendors dynamically for enrollment. PNC Healthcare does not predefine timeframe limits, dollar limits, or vendor limits in the process; this is driven solely by the client in conjunction with our team. Experience has proven the value of this approach, managed through our implementation team, enables our clients to achieve greater acceptance of the program with less internal effort. Payment Optimization and Program Expansion Focus. PNC has demonstrated success in card utilization across all portions of the procure-to-pay cycle. Our internal procurement card program has evolved from a traditional distributed card solution to a full payables solution. We have formalized this holistic approach with our clients, focusing on optimizing payment methods across the enterprise. This consultative approach identifies and prioritizes payment options in order to deliver the most cost effective settlement and execution process. C.Additional “End to End” A/P Solutions PNC views the payables process holistically and our solutions are designed to maximize efficiency for our clients. Complementing our industry-leading approach to card solutions, PNC offers services that address the needs of the complete payables process. 1.AP Advantage (Invoice Automation) Centralizing invoice receipt and processing enables organizations to experience the full benefits of automating the AP process. Converting paper invoices to electronic images, with critical data captured, enables you to efficiently match invoices to purchase orders, automate invoice routing/approval and expedite dispute resolution. You gain greater visibility into your payables process and the potential for greater discount realization, enhancing your working capital management overall. A/P Advantage leverages highly flexible workflow technology that can be accessed online and does not require custom programming. Presentation of scanned images and human-readable electronic invoices and real-time reports that summarize information about payables tasks rounds out the ease-of-use experience. Additionally, A/P Advantage includes a supplier portal with online submission of invoices (eliminating paper from the process) and the ability to view This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 37 invoice status and the comments and questions approvers choose to share. The diagram below is an overview of our integrated, fully hosted, web based system: D.Coin and Currency and On-Site Payments PNC’s Cash Logistic services are designed to provide a depository channel and/orprovide the daily operating cash for businesses handling or requiring large quantities of cash. State-of-the-art technology is utilized to track, control, monitor and report all of the activity surrounding the processing of the cash received and disbursed within the cash operations centers. PNC’s national network of cash operations facilities allows you to maintain your banking relationship with PNC, even if your needs extend beyond the PNC branch footprint. PNC’s Cash Logistic services include the following capabilities: Anational cash vault network. Operations centers with state-of-the-art security and surveillance technologies. Flexible deposit preparation requirements —including the acceptance of check deposits —with market friendly deposit cutoff times. Automated touch-tone or web-based cash ordering options to obtain daily currency and coin requirements. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 38 Complete daily reporting with audit trail through PINACLE®, PNC’s top-rated online corporate banking portal. Multiple options for cash receipts summarizing your debit and credit activity, including fax, e-mail or online reporting. E.Account Reconcilement PNC Bank offers two levels of ARP service: Partial Reconcilement Service: The Partial Reconcilement Service provides the client with a reconciliation report listingeach check. Report information includes check number, amount and date paid. No input is required from the client. The reconcilement periods will correspond to the statement cycle periods. Reports will be available to you within 5 banking days after eachstatement cut-off via PINACLE® or direct transmission. Full Reconcilement Service: The Full Reconcilement Service provides both outstanding and paid check information. The client provides a transmission containing the check number, date of issue, and dollar amount of each check issued during the statement period. The issue information is matched against the paid check information to provide comprehensive reconcilement reports. Reports will be available within 8 banking days after each statement cut-off date via PINACLE® with no charge or via direct transmission. The service may be attached to both Controlled Disbursement accounts and regular disbursement accounts. The standard PINACLE® retention time is 60 days and retention time may be extended based onclient preference. If desired, you can specify a special cut-off date for bank statements and ARP reports. However, the dates must coincide with each other. The cut-off date may be month-end, weekly, or at client’s specified cut-off dates. Additional services options include: High Order Prefix sorting, Stale Date service and Maximum Dollar Limit. F.Positive Pay for Checks Positive Pay is an excellent way to maintain tight control over check issuance and payment and complements internal security measuresyou employ against unauthorized checks. Positive Pay matches the checks that should be presented for payment against the checks that have been presented for payment. Now, through our PINACLE® Positive Pay Reporting Module, Memorial can have timely access to Positive Pay exception items and reduce your exposure to disbursement risk. PNC Bank’s traditional Positive Pay service referred to as “Bank Match Positive Pay”, matches against account number, serial number and dollar amounts. Payee Positive Pay is a premium feature for Positive Pay clients enabling Memorial to include the Payee name as an additional field for matching against your issue file for improved fraud management. We can review this capability as part of our solution assessment. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 39 PNC’s Positive Pay provides real time, on line check images for Positive Pay exception items via our PINACLE® Positive Pay Module. PNC’s delivery deadline for notifying Memorial of exception items is 11:00 a.m. EST. The response deadline for customer’s pay/returndecisions is 3:00 p.m. EST. Approved exception items are automatically added to the issue file for account reconciliation purposes through PINACLE®. The deadline for the transmission of check issuance files to the bank is 10:00 p.m. ET for same day processing; subsequent files would be posted the following night. Issues may also be submitted through the Positive Pay module on PINACLE® until 10:00 p.m. ET. G.ACH Positive Pay PNC's ACH Positive Pay (APP) safeguards assets and information by protecting against unauthorized ACH debits through the use of ACH Positive Pay. The ACH Positive Pay (APP) solution is one of the first to market with an integrated web-based fraud prevention solution. Using a web-based interface similar to our standard check positive pay services, ACH Positive Pay will allow clients to make a “pay/no pay” decision on ACH debits received into their accounts. APP allows users to block all incoming debit transactions to any, or all, of their PNC business accounts. Users can also allow preapproved debit transactions, while blocking others. These functions are accomplished through the creation of rules against which all suspect transactions collected for an account are evaluated. If no rule is set up for a specific account, all incoming debit transactions will be identified as suspects. If a suspect items passes when evaluated against a rule, it will be accepted (paid) and posted against the account tied to the rule. If a suspect fails when evaluated against a rule, it will be shown to the user of ACH Positive Pay as a “suspect”. The user can then elect to pay or return the suspect item. Suspects are communicated to client by 7 am CST. Decisions must be submitted back to PNC through PINACLE® APP by no later than noon CST on the same day. Thesystem default for any item that is not decisioned by the noon deadline is “return”. There are four APP alerts available: 1.No Suspects Today: If enrolled, and if the user has no suspects on any account(s), this alert is sent. 2.Suspects Available: If enrolled, and any of the accounts set up for notification has a suspect, this alert will be sent. 3.Suspects Nearing Cut-off Time: If enrolled, and if the user has at least one open suspect on any account they have access to, this alert is sent. 4.Suspects Auto-Returned: If enrolled, the user will receive this alert if one of their suspects had an open suspect past the cut-off time. The system will auto-return the suspect and an alert is sent. H.Positive Pay Reporting Positive Pay reporting can be found on PNC’sPINACLE® Positive Pay module. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 40 I.Positive Pay Check Image Functionality Memorial will be able to request check images on-line with PNC Bank’s Check Management Module, Image OnDemand or Previous Day Reporting, all available through PINACLE®. The image is delivered on- line right to your PC and can be printed, faxed or sent to a Windows clipboard and added to a document of your choice. Currently, photocopies can be requested on-line via PINACLE®’s Client Service Module, and can be faxed or mailed within 48 hours of the request. One file can be used for upload of multiple accounts but the batching logic required by the input format must be followed. VII.On-line Transaction Capabilities PINACLE® is the registered trade marked name under which we market our commercial on line transaction, information reporting platform. The major functions of PINACLE® are grouped into modules, allowing you to choose the tools that best suit your business needs. With a single sign-on, your authorized users can easily navigate between the different modules, (illustrated in the next figure). A.Information Reporting To measure performance, maximize your investment activity and maintain greater fiscal control, you need easy access to balances and account activity. The Information Reporting module features: Previous Day Reporting: Provides previous day information, with links to transaction images, so you can search and export data to your preferred software and select from a variety of report formats. Current Day Reporting: Keeps you current on your PNC account activity with intra-day access to information, including detail and summary reports. Bank Account Statements: Allows you to view your statements online as soon as they are available. In addition, you can view, print and export 18 months of statement history. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 41 Cash Pool Allocator: Consolidates balances from various affiliated PNC checking accounts for financial control and investments, yet maintains a record of each account’s contributions to the total balance pool. Special Reports: Offers access to Return Items with images, ACH Origination, ACH Debit Authorization, Lockbox Credit, Comprehensive Payables, EDI reports and more. Bank Administration Institute (BAI) file: PNC has a proven track record wherein a data file of bank statement information, (the PINACLE® BAI file), can be tailored to include only the bank statement transactions (summary or detail) needed for cash reconciliation, for both patient accounts and commercial accounts. We have successfully imported this file into a number of general ledger systems including Lawson and PeopleSoft. One caveat: The BAI file is transmitted at the bank account level, so it does not provide help with shared Tax ID/shared bank account issues. Viewonly accounts Download to Excel, View cash Drill down into any transaction to view Robust security features for peace of mind. At PNC, we have integrated various security measures into our online services so you can initiatetransactions and retrieve vital information, both locally and globally, in a secure environment. Security features include: Authentication: In addition to a unique combination of Company ID, Operator ID and Password, another layer of authentication protects certain sensitive transactions. PNC follows the evolving requirements surrounding authentication and will respond with further enhancements to PINACLE® to better protect your information and transactions. Administration and Entitlements: You appoint two system administrators who will control which individuals within your organization will be granted access to PINACLE®. Detailed service-specific entitlements allow you to further control each user’s access. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 42 Secondary Approvals: You can require a second individual to approve transactions or operator setup maintenance before completing the action, giving you added security. Password Management: Users will be prompted to change their password on initial login and every 30 days thereafter to reduce risk of compromise. Enterprise Security Program: PNC has established comprehensive technology, processes and controls to protect the integrity and privacy of your data. –Physical security –Various user authentication and encryption techniques –Digital certificates –Firewalls –Proxy servers –Scanning software –Malicious code management –Ongoing intrusion and vulnerability detection –Third-party testing and assessment Online client service helps you work effectively. Integrated and interactive customer service allows you to communicate with PNC service representatives online. Report issues online 24/7 Monitor the resolution of an outstanding issue Access online tip cards View training sessions at your convenience PINACLE® Account Transfer module offers your authorized representatives a quick and easy method for moving funds between your PNC accounts for same-day settlement. The process for completing Account Transfers is very easy: Select your debit and credit account from a drop-down list and enter an amount to easily initiate the transfer Transfer funds from an operating account into a disbursement or payroll account or concentrate funds into a single operating account from other accounts that you own Recurring Account Transfers can also be set up and executed on a schedule that you create. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 43 VIII. Employee Services A.PNC WorkPlace Banking Dedicated to helping employees make the most of their money and achieve their financial goals, PNC WorkPlace Banking is designed to deliver convenience, value, and added benefits. With PNC Virtual Wallet with PerformanceSpend or PNC Performance Checking, and direct deposit, staff can enjoy everyday money management with enhanced benefits and rewards, along with no monthly † service chargeand: Competitive interest rates Free PNC-exclusive checks Unlimited check-writing Refer a Co-Worker Rewards Free Overdraft Protection set up and transfers Free PNC ATMs and Non-PNC ATM transactions Bonus rates on select Certificates of Deposit and IRA CDs Identity-Theft Reimbursement Insurance up to $5,000 Interest rate discount on select consumer installment loans with automatic payment from a PNC checking account Free onsite educational seminars on popular financial topics Enhanced Rewards with a PNC Flex®, PNCpoints®, or PNC CashBuilder® Visa® Credit Card. PNC Bank representatives can provide complete details. PNC also offers additional checking options, so we can assist all your employees with their financial needs. For Virtual Wallet with Performance Spend or Performance Checking, the monthly service charge can be avoided if the total amount of all qualifying direct deposits credited to your account during the monthly statement period is at least $750. A qualifying Direct Deposit is defined as a recurring Direct Deposit of a paycheck or other regular monthly income electronically deposited into a Performance Checking account or the Spend Account for Virtual Wallet Performance by an employer or outside agency. Transfers from one account to another, or deposits made at a branch or ATM, do not qualify as Direct Deposits. Account(s) must also be opened with the appropriate WorkPlace Banking code to be eligible for the program benefits. 1WorkPlace Banking Performance Checking and Virtual Wallet with Performance Spend provide automatic reimbursement of non-PNC Bank ATM fees. Other financial institutions’ surcharge fees will be reimbursed at the end of the monthly statement period, up to $8 maximum. 2Covers up to $5,000 out of pocket expenses This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 44 incurred to regain your identity and to repair your credit. Certain restrictions and deductibles apply. Coverage applies to Primary checking account only, not to additional checking, savings or money market accounts. 3All credit subject to approval. PNC points, PNC CashBuilder andPNC Flex are registered marks of The PNC Financial Services Group, Inc. PNC Bank, National Association (N.A.) is the creditor and issuer of the credit cards described herein. ©2012 The PNC Financial Services Group, Inc. All rights reserved. PNC Bank, National Association. Member FDIC. B.PNC Online Paystubs PNC’s Online Paystub service is designed to help companies reduce payroll costs.When used in conjunction with PNC’s PayCard and ACH origination products,theresource intensive tasks associated withpaper-based payroll (checks andpaystubs)can be eliminated.In addition to obtaining wage statement information via the Internet, employees canalso call a toll-free phone line or have the information sent to them automatically viae-mail or text messaging to their mobile device. Easy to implement PNC’s Online Paystub service is a complete and easy-to-implement solution with lowstart-up costs. Employers transmit a payroll output file, in a prescribed format provided by PNC, containing wages and deductions for each employee each payday, along with employee demographic information. Paystub information is available toemployees one business day after the payroll output file is submitted to PNC (provided daily processing cutoff times are metby the employer). How it works PNC’s Online Paystub system can be accessed using an Internet connection andInternet Explorer version 5.5 or higher. The system utilizes secure socket layer(SSL)encryption and advanced password management to protect sensitive paystubinformation.Employees are provided with password-protected access to their current and pastpaystub information in a standard paystub layout format. Employee features •Provides Internet access using secure PIN via standard browser. • Offers printer-friendly paystub image on website. • Employees receive notification of paystubs via e-mail or text message after enrolling in the website. • A toll-free phone line is also available to hear summary of current paystub. • Up to 36 months of paystubs are available for online viewing. This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 45 IX.Additional Information Regarding PNC Healthcare Finance Throughout its 150+ year history, PNC has had extensive experience in providing a wide variety of financing solutions for not-for-profit health systems. PNC is one of the nation’s largest lenders to healthcare providers, with over $12 billion in committed capital to borrowers within the healthcare industry. PNC has consistently demonstrated very strong operating performance relative to its peers, and its capital ratiosare among the highest within the banking industry. As a result, PNC has exhibited a very stable credit appetite throughout multiple cycles within the healthcare industry, and continued to rank as one of the most active lenders in the U.S. throughout the recent banking crisis. PNC would make an ideal financing partner for Memorial Health given the Bank’s commitment to the healthcare industry, its strength and stability, and the diversity of its financing solution capabilities. PNC utilizes a team-oriented approach to proactively providing financing solutions for our healthcare clients. The Healthcare Banking Group is a dedicated, industry-focused line of business within PNC, thus every team member involved in delivering bank credit and financing solutions focuses exclusively on the healthcare industry. Our clients have appreciated this approach to managing healthcare relationships given our ability to share industry best practices, understand the unique capitalization and cash flow needs of health providers, and develop customized financing, treasury, and revenue cycle management solutions. Whereas some institutions have curtailed their financing offerings due to limitations such as lack of letter of credit capacity, insufficient tax appetite for tax-exempt direct placements, or capital constraints, PNC strives to offer an objective and thorough analysis of all financing alternatives available to our clients. Our goal is to help our clients evaluate comprehensive solutions for their financing needs, assess the impact of each alternative on their overall capital costs and capitalization structure, and point out the relative merits and risk considerations of each alternative. Whichever alternative our clients deem is in their best interest given their objectives and risk tolerances, we have the capabilities and expertise to help them execute in as smooth and efficient manner possible. PNC has considerable experience in providing financing solutions for health systems including facilities such as equipment financing, loans, variable rate demand bond letter of credit enhancement, standby bond purchase agreements, bank-qualified and non-bank qualified tax-exempt direct placements (variable rate, fixed rate, and synthetically fixed), and working capital facilities. Our goal with any existing or new client is to develop a long-standing, mutually-beneficial relationship, and as such all financing solutions are coordinated through your PNC Healthcare Relationship Manager. Additionally, all members of your PNC team are incented to provide holistic, coordinated, and unbiased solutions whether they involve capital markets, bank credit, or equipment leasing, and everyone involved in the credit decision-making and delivery processes utilizes a relationship-oriented approach. PNC’s Financing Capabilities: This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 46 Equipment Finance: We've become a $1 billion leader in healthcare finance by dedicating resources and equipment expertise to the unique challenges of the healthcare industry for over two decades. We give healthcare providers, hospitals and health systems expert consultative guidance, market feedback on equipment pricing and information about the latest technology trends, which allows them to make the most informed equipment acquisition decisions. Our healthcare finance team delivers flexible financing options that lower cost, conserve cash, and minimize clinical, technical, and operational obsolescence. PNC Equipment Finance has the industry expertise and leadership, the strength of PNC's funding resources and the equipment financing capability to deliver cutting edge solutions to meet the unique needs of today's healthcare providers. We develop creative equipment financing solutions that account for decreasing budgets and an increasing need for capital. By forging strong relationships with our business partners, we have created some of the most innovative programs in the industry, including equipment-specific financing solutions for technology assets, master lease agreements, and all-inclusive integrated services packages. We provide a wide variety of equipment management and financing alternatives, some of which include: Off-balance-sheet financing Term leases and loans Tax-exempt financing Conservation of cash via 100% financing Pre-approved cap-ex lease lines of credit Project financing Ability to offer pre-owned radiology and IT equipment Experienced asset management group to assist in equipment valuation and remarketing Loans: PNC has extensive experience in structuring taxable and tax-exempt facilities such as term loans, bullet loans, and balloon notes. This includes a wide a variety of uses such as real estate/medical office building financing, acquisitions, and bridge financing. Such facilities typically provide for terms of one to ten years, either on an interest-only basis or with amortizations of up to 30 years. PNC also offers comprehensive lending programs designed to assist the physician practices with whom our health system clients are strategically aligned. Letters of Credit: PNC has one of the largest Letter of Credit (“LOC”) books in the US, with over $6.3 billion in variable rate demands bonds (“VRDBs”) enhanced with a PNC Letter of Credit. PNC-backed paper continues to garner strong demand from the investment community, as evidenced by the fact that since September 2008, PNC-enhanced VRDBs have on average have traded three basis points below the SIFMA industry average. PNC carries the highest short-term debt ratings from all three major rating agencies, and has an A2/Positive, A/Stable, and A+/Stable long-term rating/outlook from Moody’s, S&P, and Fitch, respectively. VRDBs with PNC enhancement also attract strong interest from institutional investors seeking ways to diversity LOC counterparty risk within the Southeast healthcare market, thus favorably benefiting remarketing performance This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 47 throughout the region. In addition to our Letter of Credit capabilities, PNC also offers liquidity facilities (standby bond purchase agreements) in support of either insured or unenhanced VRDBs. PNC also provides operating Letters of Credits for needs such as self-insurance and workman’s comp. Direct Placements: PNC has been very active in the direct placement market over the past several years, including bank qualified and non-bank qualified facilities. These facilities have been very attractive for borrowers, as they afford tax-exempt health systems the ability to achieve very competitive all-in capital costs, while eliminating risks associated with the VRDB market such as bank downgrades, failed remarketings, and market disruptions. Furthermore, borrowers can typically achieve longer credit commitment periods relative to letter of credit facilities. Additionally, PNC offers variable rate direct placement solutions, fixed rate loan facilities, as well as customizable synthetically fixed rate solutions to help mitigate long-term interest rate risk. Revolving Line of Credit Facilities: PNC offers revolving line of credit financing for needs such as working capital fluctuations, seasonality, short-term acquisition financing, contingencies, and general corporate purposes. X.Exhibits 1.Certificate of Secretary of State, Florida Statutes on Public Entity Crimes, and IRS W-9 2.PNC Bank Contacts 3.PNC Healthcare Advantage Playbookand Sample Implementation Timeline 4.PNC Business Resiliency 5.University of Pennsylvania Health System Case Study 6.PNC Institutional Government Fact Sheet This Proposal is delivered by PNC Bank, N.A. on the condition that it be kept confidential and not be shown to, or discussed with, any third party, including any financial institution (other than on a confidential or need-to-know basis with the recipient’s directors, officers, employees, counsel and other advisors, or as required bylaw), or used other than for the purpose of evaluating this Proposal, without PNC Bank’s prior written approval. 48 May-12 Apr-12 Mar-12 Feb-12 Jan-12 Dec-11 Nov-11 Oct-11 Sep-11 Aug-11 Jul-11 Jun-11 May-11 Apr-11 Mar-11 Feb-11 Jan-11 smetIK001/srorrEgnissecorP Attachment to Banking Services RFP B-8 Summary Schedule of Pricing Banking Services Summary Pricing Schedule B-8 Required Services Upfront orCalculated FromOne-time FeesAnnual Fees B-1Proforma Analysis Charges$ 1,300.00$ 429,682.29 B-2Net Cost/Benefit from Balances Maintained$ 2,829.11 B-3Bank-at-Work Product Offering$0.00 B-4Short Term Investment Account$ -$ 25,000.00 B-5Automated Teller Machines$ -$ 20,250.00 B-6Revolving Credit$ 25,000.00$ 300,000.00 Total Costs for Banking Services B-1 through B-6$ 26,300.00$ 777,761.40 Recommended Services Upfront orCalculated One-time FeesAnnual Fees From #1 B-7$ -$ - #2 B-7$ -$ - #3 B-7$ -$ - *PLEASE NOTE THE INCLUSION OF THE LINE OF CREDITS COSTS Memorial Healthcare - South Broward Customer: Date of data:8/27/2012 PNC Proforma-100% Imaged Lockbox Recommendation AFP CodeService DescriptionVolumeUnit PriceTotal Price 010000ACCOUNT MAINTENANCE20 10.0000200.00 100200REGULAR DEPOSIT TICKET(N)176 0.500088.00 100220DEPOSIT ITEMS-ON US(N)328 0.060019.68 100223DEPOSIT ITEMS-TIER 1342 0.060020.52 100225DEPOSIT ITEMS-TIER 2697 0.060041.82 100226DEPOSIT ITEMS-TIER 346 0.06002.76 150100PAID ITEMS10,522 0.0800841.76 100400RETURNS24 3.000072.00 100402RECLEARS15 4.000060.00 010 - Demand Deposit Total1,346.54 112,210.00 010200REMOTE DEPOSIT CAPTURE-TICKETS0 0.80000.00 100218REMOTE DEPOSIT CHECK IMAGES30 0.11003.30 109999DEPOSIT ON-SITE MONTHLY FEE1 50.000050.00 011 - Remote Deposit Total53.30 31.00 201110CURRENCY DEPOSITED/$1004,959 0.0750371.93 100113FED STANDARD COIN BAG DEPOSITED689 2.00001,378.00 100055CLS DEPOSIT ADJUSTMENT13 8.0000104.00 100141CURRENCY ORDERS-FED STANDARD STRAP96 0.250024.00 100140CURRENCY ORDER-NON FED STD STRAP11 1.500016.50 100118NON IMAGED MIXED DEPOSIT TICKET99 1.1000108.90 100141AUTOMATED CURRENCY ORDER13 3.100040.30 100144ROLLED COIN ORDERED1,780 0.0580103.24 030 - Cash Logistic Services Total2,146.87 7,660.00 100015CASH VERIFICATION OTC-10.00 UNITS10 0.00900.09 040 - Branch Services Total0.09 10.00 050000STANDARD BOX MAINTENANCE-ATL6 135.0000810.00 050000OCR BOX MAINTENANCE-ATL2 300.0000600.00 050100STANDARD PER ITEM-ATL7,931 0.29002,299.99 050101OCR SCANNABLE PER ITEM-ATL12,737 0.20002,547.40 050100OCR NON-SCANNABLE PER ITEM-ATL260 0.290075.40 050301BATCH PREPARATION-ATL419 1.5000628.50 050300DEPOSIT TICKETS-ATL118 1.7500206.50 059999DEPOSIT ITEM CLEARING-ATL20,923 0.06001,255.38 050126DATA CAPTURE-ATL4,160 0.010041.60 050121MICR CAPTURE/TRANSMISSION-ATL12,997 0.0400519.88 050401DATA TRANSMISSION-ATL21 8.0000168.00 050112SORTING PER ITEM-ATL7,931 0.1200951.72 059999CANADIAN ITEMS-ATL3 5.000015.00 05011MCORRESPONDENCE ONLY-ATL5,707 0.29001,655.03 05013FINCOMING EXPRESS MAIL PACKAGES-ATL21 7.0000147.00 059999CHECK IMAGES-ATL20,928 0.0400837.12 059999DOCUMENT IMAGES-ATL25,964 0.04001,038.56 050403IMAGE CD-ATL5 20.0000100.00 059999IMAGE MONTHLY MAINTENANCE-ATL8 30.0000240.00 050400WEB PAGE GENERATION-ATL168 1.7500294.00 050600LONG TERM ARCHIVE 7 YEAR-ATL25,967 0.0300779.01 065 - Wholesale Lockbox A/R Advantage Total15,210.09 146,276.00 200020PARTIAL RECON MONTHLY MAINTENANCE1 40.000040.00 202001PARTIAL RECONCILEMENT ITEM (MIN $30)0 0.044030.00 200010FULL RECON MONTHLY MAINTENANCE17 35.0000595.00 200110FULL RECONCILEMENT ITEM18,539 0.0300556.17 200201INPUT/TRANSMISSION ITEMS10,522 0.006063.13 209999OUTPUT TRANSMISSION/ITEM8,025 0.006048.15 150420MANUAL STOP PAYMENTS3 45.0000135.00 209999IMAGE MAINTENANCE17 20.0000340.00 209999ARP IMAGE ITEMS15,695 0.0200313.90 209999IMAGE OUTPUT CD18 15.0000270.00 200000TELLER POSITIVE PAY MAINTENANCE8 5.000040.00 200000POSITIVE PAY MONTHLY MAINTENANCE9 5.000045.00 209999PAYEE REVIEW MAINTENANCE9 10.000090.00 209999PAYEE REVIEW ITEMS8,132 0.0150121.98 Page 1 of 3 Memorial Healthcare - South Broward Customer: Date of data:8/27/2012 PNC Proforma-100% Imaged Lockbox Recommendation AFP CodeService DescriptionVolumeUnit PriceTotal Price 999999WEB DISB POSPAY EXCEPTIONS LOADED0 -0.00 999999WEB DISB CHECK INQUIRY0 0.60000.00 999999WEB DISB ISSUE ADD/CANCEL0 0.45000.00 209999WEB DISB POSITIVE PAY-RETURN12 3.000036.00 209999WEB IMAGE VIEWED86 1.000086.00 209999WEB IMAGE VIEWED-ARCHIVE58 2.0000116.00 150410WEB DISB STOP PAYMENTS19 10.0000190.00 070 - Account Reconcilement Total3,116.33 61,170.00 150000CONTROLLED DISBURSEMENT MAINTENANCE9 50.0000450.00 150110CONTROLLED DISBURSEMENT ITEMS8,140 0.0200162.80 080 - Controlled Disbursments Total612.80 8,149.00 010020PARENT ACCOUNT1 60.000060.00 010112ZERO BALANCE TRANSACTIONS315 0.9000283.50 010020ZERO BALANCE ACCOUNTS15 8.0000120.00 100 - Zero Balance Accounts Total463.50 331.00 259999E-LOCKBOX ADVANTAGE MONTHLY FEE1 50.000050.00 250000MONTHLY MAINTENANCE FEE1 40.000040.00 250101CREDITS ORIGINATED12,305 0.0600738.30 250100DEBITS ORIGINATED12,305 0.0600738.30 251070NOC VIA ELECTRONIC DELIVERY22 0.500011.00 250505PINACLE ACH FILE PROCESSED5 4.000020.00 250102PINACLE ACH DEBIT/CREDIT ORIGINATED14 0.20002.80 250120ADDENDA RECORDS ORIGINATED7,727 0.0150115.91 250200DEBITS RECEIVED2,290 0.0500114.50 250201CREDITS RECEIVED3,655 0.0500182.75 259999ADDITIONAL INPUT COMPANIES0 5.00000.00 250501TRANSMISSION INPUT FILES35 12.0000420.00 250610DELETIONS/REVERSALS/CHANGES2 20.000040.00 250302RETURN ITEM-VIA PINACLE144 1.0000144.00 250312ACH POSITIVE PAY/CR AUTH-RETURNS192 2.0000384.00 251050ACH POSITIVE PAY/CR AUTH-ACCOUNTS26 7.0000182.00 110 - ACH Total3,183.56 39,571.00 350412TELEPHONE ADVICE2 15.000030.00 350412MAIL ADVICE48 5.0000240.00 350202VOICE DOMESTIC-NON-REPETITIVE2 25.000050.00 359998INCOMING INTERNATIONAL TRANSFER3 17.500052.50 350300INCOMING WIRE TRANSFER20 5.0000100.00 350541WIRE TRANSFER REPAIR CHARGE2 10.000020.00 350129PINACLE WEB OUTGOING BOOK TRANSFER22 3.000066.00 359999PIN WEB FUNDS TRANSFER SPECIAL REPT25 30.0000750.00 350551PINACLE WEB TEMPLATE STORAGE3 0.50001.50 120 - Wire Transfer Total1,310.00 127.00 400222PREVIOUS DAY ACCOUNT26 7.0000182.00 400225CURRENT DAY ACCOUNT26 14.0000364.00 40027ZPINACLE INFO REPORTING MONTHLY1 75.000075.00 400271PINACLE-PREV DAY TRANS-3 MONTH22,9711,148.55 0.0500 400271PINACLE-PREV DAY TRANS-6 MONTH0 0.17000.00 400274PINACLE-CURRENT DAY TRANSACTION4,844 0.0700339.08 999999PINACLE EDI SPECIAL REPORT1 2.00002.00 999999PINACLE DISBURSEMENTS MONTHLY MAINT1 20.000020.00 050030PINACLE AR ADVANTAGE MONTHLY MAINT1 20.000020.00 999999PINACLE FUNDS TRANSFER MONTHLY MAIN1 20.000020.00 409999PINACLE ACH MONTHLY MAINTENANCE1 20.000020.00 409999PINACLE RETURNS CHECK MGMT MONTHLY1 20.000020.00 130 - Pinacle Total2,210.63 27,874.00 250202ACH PAYMENTS RECEIVED1,472 0.0700103.04 300330EDI PER INVOICE FEE1,472 0.060088.32 300020MONTHLY MAINTENANCE1 25.000025.00 300330OUT XMIT-ELECTRONIC ITEMS/FILE22 7.0000154.00 140 - EDI Total370.36 2,967.00 Page 2 of 3 Memorial Healthcare - South Broward Customer: Date of data:8/27/2012 PNC Proforma-100% Imaged Lockbox Recommendation AFP CodeService DescriptionVolumeUnit PriceTotal Price Totals30,024.06 0.00 0 This Pricing Proforma is for discussion purposes only and is not a contract, an offer to enter into a contract or a commitment to offer the pricing outlined herein. This Pricing Proforma is delivered by PNC on the condition that it be kept confidential and not be shown to or discussed with any third party, including any financial institution, or used other than for the purpose of evaluating PNC's banking services. This pricing is presented based on our understanding of Memorial's current service requirements and the volumes indicated in the RFP. PNC reserves the right to charge our standard fee for any additional services requested by Memorial, if those services are not specifically listed on the attached fee schedule, unless otherwise negotiated. Page 3 of 3 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-602,Version:1 TO: Mayor and Commissioners THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 APPEAL/SETAC DECISION 2017 GARLIC FEST CITY OF DELRAY City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ “Garlic Fest 2.0” (More Foodie Focused) “We are turning 18 this year, and we are all grown up!” Implementing changes &activations that are re-envisioned & designed to add to – not deter from community. We have developed a new plan for our events that are re-envisioned and built to add to our community not deter from it. We are incredibly inspired by the community spirit and positive reception to the changes from this year’s Delray Affair, and we want to see that happen across the board with all our events. My team has heard the call of not closing streets loud and clear and we have been working very hard to completely re-imagine Garlic Fest to create something that is officially “grown up”. This event is 18 years old this year, and we want to use that as an opportunity to completely ‘grow up’ as an added benefit to the community – not something that is seen as taking away from Delray. What we have planned is more than just removing all of the street closures (which I believe was the biggest residents concern that we faced initially) – eliminating all the ‘carnival’ type rides and attractions (which was the 2nd concern from our commissioners) - and developing an upscale programmed event that is in line with our community as a whole. NOTES / DUE DILIGENCE OUTLINE: - Since 2011 Garlic Fest alone has brought home 13 International and 11 State Awards (Total of 26 International and 40 State awards for the four events we produce) - 2016 Implemented offsite parking & transit (over 3,000 riders) - 2016 implemented traffic assist at peak times; worked well to eliminate traffic congestion at peak travel times - 2016 Garlic Fest had 22,000 paid attendees - 2016 City Report: STRENGTHS: Pre-site walk-through/behind the scenes tour Number of Community Volunteers Presence of Private Security Police Presence Medical Personnel Number of Guests Trash Clean-Up Personnel On-Site Pressure Cleaned Entire Footprint and Surrounding Sidewalks (Post Event) FULL DAY Clean-up AREAS FOR IMPROVEMENT: Plan for cleaning lots used for event Plan for trash removal immediately outside footprint Solution for vehicle traffic on grass 90% of turf damage was PRIOR to Garlic Fest - 2017 Garlic Fest site plan reduces number of exhibitors from 182 to 165 - 2017 Garlic Fest incorporating large seating areas - 2017 Garlic Fest eliminated ALL street closures - Created Event Criteria/Evaluation Form for review and consideration - 2017 Garlic Fest has no street closures which takes it out of major event category. City costs for 2016 were only $4,964 above ‘major event classification’ of $20,000. With 2017 changes, reducing impact, no street closures, no traffic assist, less barricades, etc. could easily place us in the intermediate event category allowing event dates for February to remain same. - February dates were requested and have had a soft hold two years in advance. We have always been during same th month as ITC tennis tournament. Contacted OSS to shift date to January 27 – 29 but they already booked events in theatre, gymnasium and grounds at OSS for Plein Air Fun Fest. - January date in competition with several LARGE scale events (South Florida Fair, Boat Show, Rib Round-Up); this conflicts with sponsorship agreements already in place, media partners and exhibitors. 2017 GF NOTES AND CHANGES.docx 1 | Page - Did extensive research regarding alternate site location on Congress Avenue. We are very excited at the possibility of pioneering a compelling draw and destination with special events. Special events could be the attraction initially and help to link Congress Avenue to the downtown. Would be imperative that the corridor was transit oriented in order to work link to the downtown. Willing to continue to plan to move event(s) to Congress but too soon this year. Our findings/determinations are: Potential Sites: Office Depot site would be an ideal/perfect location to use as event grounds. The open space on east side of the property (along Congress Avenue) is a perfect open space and size to produce multiple types of events and has the ability to host small and large events. nd The 2 (and less desirable) choice would be the Levenger site. This site poses more challenges because of the small size of the grass area where we are proposing use. It also does not provide for an opportunity of any growth. Being a business complex could create interruption to businesses and parking. Having Tri-Rail across the street is a huge plus however. To mitigate impact with businesses regarding shared parking, access to site during weekday hours, etc. we could direct business traffic onto the site and turn south, while event traffic for setup would be directed to turn north. This could be managed by our private security that would be assigned to direct traffic at the entrance to complex. Infrastructure Needed for Both Locations: -Transit from downtown, hotels, etc. -Expedited permitting -Grants and incentives from the city -Three to five year contract by property owner and city to ensure success of the move -Stage, dressing room trailer and green room -Administrative office/trailer on site for cash management -Fencing -Power & Lights -Parking -Restrooms / port-a-lets -Transit from downtown hotels -Traffic Assist -EMT -Financial relief of city costs All infrastructure currently exists on Old School Square grounds. Estimated costs to move any events to undeveloped property would increase event costs $50,000+. (This does not include any marketing dollars required to educate and promote attendees about the move of venue.) -We volunteered to be the ‘test/pilot’ of the new special events and procedures policy to test the process. The guideline while comprehensive and detailed, is extremely confusing and cumbersome to work through. 2017 GF NOTES AND CHANGES.docx 2 | Page 2017 GARLIC FEST CHANGES FOODIE FOCUS: - Fieldhouse to be utilized for dining experiences (Kitchens to be setup on outdoors on west side of Fieldhouse; build subfloor, Project live video feed to screens on inside of the Fieldhouse) - Brunch with Garlic Infused Vodka Bloody Mary Bar - GARLIC Themed dinners (prepared by past winners) – (Italian, French, Mediterranean, Greek) - Balcony to seat 60 people - People’s choice competition – chefs prepare one dish people pay to taste all of them and vote on winner - Wine passport (Enhance Wine Garden and sell passport book valid all 3 days; different wines each day to try) TICKET OPTIONS: - 3 Day Pass - Kid’s Passport (12 and under free admission); create passport with an illustrated map of family activities around the grounds; when they visit each of the areas they get their passport stamped. Turn in passport when done and be entered to win a “Delray Kid’s Day” (i.e. family hotel stay, gift certificates for ice cream, pass to Silverball Vintage Pinball, It’s Sugar, Puttin’ Around Golf, Sandoway House shark exhibit, watersports activity, gift certificate for burgers and fries, etc.) - Delray Resident Day (Free admission – between 11 am and 1 pm on Sunday) Provides us the ability to track # of residents / locals who attend CHILDREN’S ACTIVITIES: -Incorporate low impact/family oriented activities throughout site - Activities on site to include (need to generate $15k) - Arcade games - Pinball games (Brian Styles) - Quizzo (INSIDE game) - Tumbletown activity CREST THEATRE ACTIVATION: Free children’s programs - Performances by local schools to engage with their arts and education programs for the Crest Theatre every other 1 hour (End at 6 pm so the draw goes outside to concerts) - Children’s Performance Activities - Silent Disco - Banyan Creek Drumline - Unity - Achievement Center - Magic Shows - Puppet Shows - Delray Playhouse MERCHANT & RESTAURANT CROSS-PROMOTION: - Provide a copy (or photo) of a receipt of $50 or more spent at a local merchant or restaurant during weekend of Garlic Fest and get in for free (Thursday – Sunday). - Give attendee an “EXIT” item – have an organization at the gates at the close of event, thanking attendees for coming and give out DDA guidebook. - Create an “I HEART DB Garlic Fest” sticker for “Exit Item” 2017 GF NOTES AND CHANGES.docx 3 | Page City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-588,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH:Donald B. Cooper, City Manager DATE:June 21, 2016 FIRST AMENDMENT TO THE THE INTERLOCAL AGREEMENT WITH THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR FY 2015-2016 Recommended Action: Motion to approve the First Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) for funding of construction and professional services to revise the funding amounts for projects approved in the CRA's final FY 2015-2016 Budget Amendment. Background: On September 29, 2015, the CRA adopted their FY 2015 - 2016 Budget and approved the Interlocal Agreement with the City for the funding of Joint Projects. Per the agreement, funds for each project are transferred to the City at the time that a contract is awarded or a service authorization (consultant agreement) is approved. At the time of budget adoption it was noted that adjustments would be necessary due to a reduction in revenues as the sale of the Old Library/Chamber property would not occur in FY 2015 - 2016. OnOctober13,2015,theCRAheldaSpecialBudgetWorkshoptodiscussbudgetadjustments includinganumberofCapitalImprovementProjects.OnNovember5,2015,theCRAapproveda revisiontotheFY2015-2016ILAtoprovideadditionalfundstoaddressincreasedcostsassociated withthedesignofimprovementsformultiplealleysintheNW/SWNeighborhoods($300,000)and sidewalks($500,000).AttheDecember8,2015CRA/CityCommissionJointWorkshopitwas decidedthattheconstructionOldSchoolSquare(OSS)Campus/ParkImprovementswouldnotoccur thisfiscalyear.Therefore,thescopeandbudgetforthisitemwasreduced/changedto$200,000for design services. On January 14, 2016, the CRA adopted Budget Amendment No. 1 for FY 2015 - 2016, and approved revisions to the ILA to provide additional funds to address increased costs associated with the design and construction of multiple projects as well as items cost reductions and project deferral. On February 16, 2016, the City Commission approved the revised ILA for Joint Projects for Fiscal Year 2015 - 2016. The City has approved Service Authorizations for design services and awarded bids for capital improvement projects as listed in Exhibit “A” of the ILA. Additional funding is needed for some of the th larger capital improvement projects, such as the NW 12 Avenue/MLK Jr. Drive Phase II Project in City of Delray BeachPage 1 of 2Printed on 6/17/2016 powered by Legistar™ File #:16-588,Version:1 nd the Northwest Neighborhood and SE 2 Street/Avenue/Alley Project in the Osceola Park Business District to outsource the construction administration services to assist City staff with project management (approximately $100,000 per project). In addition, as a result of the Old School Square building and roof analysis, the estimated cost for roof replacement and building repair/painting/maintenance increased to approximately $1.2 million (including the consultant’s construction administration fees). Currently, only $300,000 is included in the approved budget for the building maintenance/repairs, including design fees. Funding for this project needs to be increased in order to ensure that the roof replacement and building repair/painting/maintenance is completed by November 2016. Amendment No. 1 to the ILA between the City the CRA is consistent with the CRA's Budget Amendment #2 and was approved by the CRA at their June 9, 2016 meeting. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from the individual Capital Improvement Project accounts that are funded by the Community Redevelopment Agency. City of Delray BeachPage 2 of 2Printed on 6/17/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-608,Version:1 TO: Mayor and Commissioners Noel Pfeffer, City Attorney FROM: DATE: June 21, 2016 FIFTHAMENDMENTTOLEASEAGREEMENTBETWEENCITYOFDELRAYBEACHFLORIDA AND OLD SCHOOL SQUARE, INC. FOR OLD SCHOOL SQUARE CAMPUS Recommended Action: MotiontoApproveFifthAmendmenttoLeaseAgreementBetweenCityofDelrayBeach,Floridaand Old School Square, Inc. (“OSS”) for Old School Square Property Background: Thisisahousekeepingitem.TheCityandOSSpreviouslyenteredintoaleaseagreementdated July31,1989andsubsequentlyamendedtheagreementfourtimes.Thecurrent(Fourth) AmendmentexpiresJuly31,2016.Concurrently,theCityandOSSenteredintoandamendeda mangementagreement,whichiscoterminouswiththelease.TheCityandOSShavebeen discussingthetermsofapotentialextensiontotheleaseandmanagementagreements.Itisunlikely thatthesediscusisonswillbearfruitandpermitproperconsiderationbytheCommissionbeforethe expiration date of the current amendment. AttachedforCommissionconsiderationisanextensionofthecurrentleaseuntilSeptember30,2016 withamonth-to-monthleaseextensionthroughDecember31,2016,toallowtheCityManagerand OSStofinalizeproposedtermsforafurtherleaseextension.Anysuchleaseextensionwouldbe subject to further discussion and approval by the City Commission. Theeffectofthisrecommendationwouldbetoextendthecurrentleaseandmanagement agreements with no change in terms and conditions. Copiesoftheproposedleaseamendmentandtheexistingleaseandmanagementagreements,with amendments, are attached. City Attorney Review: Approved as to form and legal sufficiency. Funding Source: There is no funding associated with this item. Timing of Request: The current lease expires July 31, 2016, with no provision for automatic extension. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ AMENDMENT NO. 5TO THE LEASEAGREEMENTBETWEEN THE CITY OF DELRAY BEACHAND OLD SCHOOL SQUARE THIS AMENDMENT NO. 5CITY OF to the “LeaseAgreement”between the DELRAY BEACHLessorOLD SCHOOL SQUARE, INCLessee () and .()dated July 31, 1989, is dated this _____ day of ____________________, 2016. WHEREASLessorLessee , the andentered into theLease Agreement,amendment dated May 18, 1995,Amendment No. 2 dated July 19, 1996, Amendment No. 3 September 10, 1997, and Amendment No. 4 dated January 2, 2002(the preceding lease amendments, Lease Agreement and Amendment No. 5 are collectively referred to as “Lease”); and WHEREASCity of Delray BeachOld School Square, Inc. , the andentered into a “ManagementAgreement”dated August 7, 1990, which was amended on September 6, 1992, July 19, 1996, January 2, 2002, and September20, 2007; and WHEREAS, the Management Agreement terminates upon such time as the Lease expiresas stated in Paragraph 15of the Management Agreement dated August 7, 1990; and WHEREAS, the currentterm of the Lease, as modified in an amendment dated May 18, 1995, is due to expire on July 31, 2016; and WHEREASLessorLessee , the anddesire a short extension ofthe term of thisLease. NOW, THEREFORE , in consideration of the mutual covenantsand agreements contained herein, the parties hereto agree as follows: Recitals 1.. The recitalsset forth aboveare true and correct and incorporated herein by reference. Modifications 2.. Paragraph 2 of the Lease, “Term of the Lease,” is hereby amended toread as follows: Term of the Lease:This term of the Lease shall continue until September 30, 2016 at which time the Lease shall terminate and be of no further force and effect unless the parties agree in writing no later than September 1, 2016 to extend the Lease on a month to month basis. Any extension beyond September 30, 2016 shall besubject to termination upon thirty (30) days written notice by the Lessor. In no event shall the month to month extension continue beyondDecember 31, 2016and at which time this Lease shall expire and be ofno further full force and effect. Entire Agreement 3.. Exceptas modified by this Amendment No. 5, all terms conditions and obligations of the Lease shall remain in full force and effect. Effective Date 4.. This Amendment No. 5shall become effective immediately upon execution by both parties. IN WITNESS WHEREOFthe City of Delray BeachOld School Square, Inc. ,and have executed this Amendment No. 5to the Lease as of the day and year written above. CITY OF DELRAY BEACH, FLORIDA ATTEST: By:______________________By:________________________________ City Clerk Mayor Approved as to Form: By:______________________ City Attorney OLD SCHOOL SQUARE, INC. WITNESSES: __________________________By:________________________________ Print Name:_________________Print Name:_________________________ Title:_______________________________ ___________________________ Print Name:_________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _____ day of _________________, 2016 by ________________________ (name of officer or agent, title of officer or agent) of ________________________(name of corporation acknowledging), a _______________ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ___________________ as identification. ________________________________ Signature of Notary Public-State of Florida City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-498,Version:1 TO:Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:June 21, 2016 PURCHASEAWARDTOMACMILLANOILCOMPANY,LLCFORBULKFUEL,GASOLINE,AND DIESEL FUEL Recommended Action: MotiontoapproveaoneyearpurchaseawardtoMacMillanOilCompany,LLC,inanamountnotto exceed $1,500,000 for bulk gasoline and diesel fuel utilizing Florida State Contract #405-000-10-1. Background: InOctober2014,CityCommissionapprovedanawardtoMacMillanOilCompany,LLCand authorizedtheCitytoutilizeFloridaStateContract#405-000-10-1tobuybulkgasolineanddiesel fuelsthroughJune30,2016.TheFloridaDepartmentofManagementServicesandMacMillanOil Company,LLChavemutuallyagreedtoaoneyearrenewaloftheContractbetweentheStateof Florida and MacMillan Oil Company, LLC through June 30, 2019. TheCityofDelrayBeachmaintainsthreefuelsites.Site1providesbothgasolineanddieselfuels andislocatedatPublicWorks.ThissiteisusedbyallCitydepartments.Site2islocatedatFire Station#3andprovidesdieselfuelthatisprimarilyusedtorefuelFireRescueapparatusand ambulances.Site3islocatedatthePoliceDepartmentandisusedexclusivelyforrefuelingPolice vehicles. TheStateofFloridaContractdividestheStateintofourdistricts:North,Western,Centraland Southern.Eachdistricthasafuelsupplier(s)towhomaContractwasawarded.MacMillanOilisthe lowestpricedContractsupplierwithintheSouthernDistrict,whichincludesPalmBeachCounty.The Contractpricesheetstipulatesthepergallon,suppliermarkupallowedforfueldeliveries.TheFlorida DepartmentofManagementServicespublishesadailyfuelpricingindexreport.EachCityfuel deliveryinvoiceisreviewedbyFleetMaintenancestafftoensurethatthepricingiscorrectand matches the daily price index and Contract delivery markup allowance. The term of this award, if approved, will be from June 22, 2016 through June 21, 2017. This award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7) “Utilization of Other Governmental Entities’ Contracts.” City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 2Printed on 6/17/2016 powered by Legistar™ File #:16-498,Version:1 Finance Department Review: The Finance Department recommends approval. Funding Source: 501-3311-591-52.51 OPERATING SUPPLIES / C G INVENTORY - FUEL Timing of Request: The current award will expire on June 30, 2016. City of Delray BeachPage 2 of 2Printed on 6/17/2016 powered by Legistar™ $25,000andabove 4 4 4 AWARD TO CALVIN GIORDANO & ASSOCIATES, INC. AND THE MELLGREN PLANNING GROUP FOR GENERAL PLANNING SERVICES, IN RESPONSE TO RFQ 2016-167. City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-601,Version:1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attonery DATE: June 21, 2016 APPOINTMENT OF AN INTERIM CITY ATTORNEY Recommended Action: Appoint an Interim City Attorney upon the resignation of Mr. Noel Pfeffer. CityCharterSection4.07whichrequirestheappointmentofaCityAttorneyandSection4.09which addressedthedutiesoflegalcounselregardingforcontracts,ordinancesandcitydocumentstobe reviewedandapprovedastoformandlegalsufficiency,IamrecommendingMs.JaniceRustin, AssistantCityAttorney,benamedasInterimCityAttorney.Mr.Pfefferwillnotbeavailableforthe nexttwoweeks;andtodate,IhavenotreceivedaproposalfromMr.Pfeffernorhisfirmregarding rates or future availability. IamrecommendingthatMs.RustinbeappointedtoadatecertainasdesiredbytheCity Commission. City of Delray BeachPage 1 of 1Printed on 6/16/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-537,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk Department THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD. Recommended Action: Recommend nomination for appointment for one (1) regular member to serve on the Downtown Development Authority Board for three (3) year terms ending July 1, 2019. Background: Thetermforregularmember,Mr.SeabronA.Smith,willexpireonJuly1,2016.Mr.Smithwillhave servedtwo(2)fulltermsandisnoteligibleforreappointment.Nominationforappointmentisneeded for one (1) regular member to serve three (3) year terms ending July 1, 2019. Toqualifyforappointment,aprospectivemembermustresideinorhavehisorherprincipalplaceof businessintheCity,andshallnotbeservingasaCityofficeroremployee.Thereisarequirement thatatleast four ofthemembersmustbeownersofrealestatewithinthedowntownarea,alessee thereofrequiredbytheleasetopaytaxesthereon,oradirector,officerormanagingagentofan ownerorofalesseethereofsorequiredtopaytaxesthereon.AmapoftheDowntownDevelopment Authority Boundary is included for your review. CurrentlyservingontheDowntownDevelopmentAuthorityandmeetingownershipandtaxpayment qualifications are Mr. Albert Richwagen, Mr. Alan Costilo, Mr. Mark Denkler, and Mr. Ryan Boylston. Thefollowingindividualshavesubmittedapplicationsandwouldliketobenominatedfor appointment: (See Exhibit “A” attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registrationverificationwascompletedandallareregisteredwiththeexceptionofMr.MaxwellVan Arnem and Ms. Dorota Szwem. Based on the rotation system, the nomination for appointment will be made by Deputy Vice Mayor Jarjura (Seat #4) for one (1) regular member to serve on the Downtown Development Authority for three (3) year terms ending July 1, 2019. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT “A” Peter ArtsInsurance Agent Tax Qualification David BealeAttorney Cynthia (Cindi)FreeburnBusiness Owner(Currently serving on theGreen Implementation Advancement Board) Tax Qualification Bruce GimmyBusiness Owner(Currentlyserving on the Parking Management Advisory Board) Annie Roof Attorney(Currentlyserving on the Parking Management Advisory Board) Dorota Szwem Architect(also applying to the Delray Beach Housing Authority Board) Tax Qualification MaxwellVan ArnemReal Estate Sales Associate DOWNTOWN DEVELOPMENT AUTHORITY (DDA) th 85 SE 4Avenue, Suite #108 Delray Beach, FL 33483 3-yearsterm 01/16 Laura Simon Executive Director of DDA TERM EXPIRESREGULAR MEMBERS 07/01/2018Bonnie Beer, Treasurer Appt 06/19/12 Reapp 7/7/15 07/01/2017Ryan Boylston*Tax qualification Appt 07/05/11 Reappt 06/17/14 07/01/2018Alan Costilo *Tax qualification Reg Appt 06/16/15 07/01/2017Mark Denkler*Tax qualification Appt 12/02/14 07/01/2017Frank Frione Appt 06/17/14 07/01/2017Albert Richwagen, Secretary*Tax qualification Appt 06/21/11 Reappt 07/01/14 07/01/2016Seabron A. Smith, Vice Chair Unexp Appt 07/21/09 Reappt 07/06/10 Reappt 06/18/13 S/City Clerk/Board 16 /DDA Contact person: Laura SimonPhone: 243-1077 Membership increased to 7 members on 07/01/99 Laura Simon, Executive Director Delray Beach Downtown Development Authority 85 SE 4th Avenue, Suite #108. Delray Beach, FL 33483 Fax: 561-243-1079 Cell: 561-271-3168 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-555,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk Department THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016. RECOMMENDATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY BOARD Recommended Action: Recommendation for appointment for one (1) regular member to serve on the Delray Beach Housing Authority Board for a four (4) year term ending July 14, 2020. Background: ThetermforMr.MorrisWeinman,regularmemberontheDelrayBeachHousingAuthority,willexpire onJuly14,2016.Mr.Weinmanwillhaveservedanunexpiredterm,iseligible,andwouldliketobe nominatedforreappointment.Nominationforappointmentisneededforone(1)regularmemberto serve a four (4) year term ending July 14, 2020. PerFloridaStatute,Chapter421,anappointeemaynotbeanofficeroremployeeoftheCity.The following individuals have submitted applications and would like to be recommended for appointment: (See Exhibit “A” attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registrationverificationwascompletedandallareregisteredwiththeexceptionofMs.DorotaSzwem. AccordingtoFloridaStatutes,membersareappointedbytheMayorandratifiedbytheCommission. However,attheCityCommissionmeetingofJune5,1991,aconsensuswasreachedwherebyeach Commissionerwould,onaninformalbasisandaccordingtotherotationprocedure,makea recommendation to the Mayor as to the Housing Authority appointees. Basedonthissystem,therecommendationforappointmentwillbemadebyMayorGlickstein(Seat #5)forone(1)regularmembertoserveontheDelrayBeachHousingAuthorityforafour(4)year term ending July 14, 2020. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ DELRAY BEACH HOUSING AUTHORITY EXHIBIT “A” Justin Cidoni Branch Bank Manager / Finance Sharese GillardEducator / Mortgage Broker & Real Estate License Gregory GeorgeAttorney Dorota Szwem Architect (also applying to the Downtown Development Authority Board) Incumbent Morris WeinmanRetired / Masters in Community Planning/ Gregory Wicklman Finance / Marketing(also applying to the Code Enforcement Board) DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 1/16 TERMREGULAR MEMBERS EXPIRES 07/14/2018Choli Aronson Unexp Appt 05/19/09 Reappt 07/06/10 Reappt 07/01/14 07/14/2018Marcia Beam Unexp Appt 10/04/11 Reappt 07/01/14 07/14/2017Gaston Joseph Unexp Appt + 4 yrs. 05/21/13 07/14/2018Sylvia Morris Unexp Appt 07/10/07 Reappt 07/06/10 Reappt 07/15/14 10/27/2019Jesse Saginor Reg Appt 10/20/15 03/06/2018Guarn Sims Unexp Appt 10/05/10 Reappt 5/13/14 07/14/2016Morris Weinman Unex Appt 06/02/15 S/City Clerk/Board 16/Delray Beach Housing Director: Dorothy Ellington Contact: Jackie Fernandez561-272-6766 X-18 jfernandez@dbha.org Housing AuthorityFax 561-278-4937 561-272-7352 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-556,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk Department THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Recommended Action: Recommend nomination for appointment for one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2018. Background: ThereisavacancyontheCodeEnforcementBoardduetotheresignationofMs.StephanieSugar. ThetermisunexpiredendingJanuary14,2018.PleasebeadvisedthatMs.LeaA.DeRigneisan alternatememberandwouldliketobeconsideredforregularmembership.Nominationfor appointment is needed for one (1) regular member. AllmembersoftheCodeEnforcementBoardmustberesidentsoftheCity.Appointmentstoboth regularandalternatememberpositionsshallbeonthebasisofexperienceorinterestinthefieldsof zoningandbuildingcontrol.TheregularandalternatemembershipoftheBoardshall,whenever possible,includeanarchitect,abusinessperson,anengineer,ageneralcontractor,asubcontractor, and a realtor. Regardingthecurrentmakeupofthisboard,theboardisinneedofanarchitect,anengineer,a general contractor and a subcontractor. Thefollowingindividualshavesubmittedapplicationsandwouldliketobenominatedfor appointment: (See Exhibit “A” attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registration verification was completed and all are registered. Basedontherotationsystem,thenominationforappointmentwillbemadebyCommissionerPetrolia (Seat #1) for one (1) regular member to serve an unexpired term ending January 14, 2018. City of Delray BeachPage 1 of 1Printed on 6/17/2016 powered by Legistar™ CODE ENFORCEMENTBOARD EXHIBIT A Applicants with experience in the professions required: Suzanne DonohueReal Estate Associate Applicants interested in being a Layperson: Michael CarusoCertified Public Accountant(currently serving on the Police Advisory Board) AlternateIncumbent - Lea A. DeRigneEducator/ Ronald GilinskySales / Marketing Linda Laurence-LeibRetired Educator Richard Sachs Director/Marketing-Sales Gregory Wicklman Finance / Marketing (also applying to the Delray Beach Housing Authority Board) CODE ENFORCEMENT BOARD 5/16 TERM EXPIRESREGULAR MEMBERSOCCUPATIONPOSITION FILLING 01/14/2018Stanley BrodkaFinancial ServicesLayperson Alt Unexp Appt 03/04/14 Reg Unexp Appt 09/04/14 01/14/2019Pearl Markfield-Elrod Real EstateReal Estate (Bunny)Professional Appt 01/05/16 01/14/2017Ross Freeman, Vice Chair Retired/Sales & Business RelationshipPerson Appt 4/16/14 Management 01/14/2019Kevin Homer, ChairHome InsuranceLayperson Consultant Appt 01/03/13 Reappt 01/05/16 01/14/2018Jason DollardAttorneyLayperson Unexp Appt 4/21/11 Reg Appt 01/03/13 Alt Appt 01/05/16 Reg Appt 05/03/16 01/14/2018Vacant 01/14/2019Samuel Spear, Jr.ComputerLayperson Consultant Appt 12/08/15 ALTERNATES 01/14/2019Vacant 01/14/2019Lea A. DeRigneEducatorLayperson Appt 12/08/15 S/City Clerk/Board 16/Code Enforcement Board Contact: Angela Rose243-7242 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-485,Version:1 TO:Mayor and Commissioners FROM:Tim Stillings, Planning, Zoning, and Building Director THROUGH:Donald B. Cooper, City Manager DATE:June 21, 2016 ORDINANCENO.15-16,AMENDINGTHELANDDEVELOPMENTREGULATIONSOFTHECODE OFORDINANCESBYAMENDINGSECTION4.3.3,SPECIALREQUIREMENTSFORSPECIFIC USES,SUBSECTION(A),SELF-SERVICESTORAGEFACILITIES,TOREVISETHE ASSOCIATEDSPECIALREQUIREMENTS;AMENDSECTION4.4.26LIGHTINDUSTRIAL(LI) DISTRICT,SUBSECTION(B),PRINCIPALUSESANDSTRUCTURESPERMITTED,TOLISTSELF -SERVICESTORAGEFACILITIESASAPERMITTEDUSE;ANDSUBSECTION(D), CONDITIONALUSESANDSTRUCTURESALLOWED,TOREMOVESELF-SERVICESTORAGE FACILITIES AS A CONDITIONAL USE. (FIRST READING/ FIRST PUBLIC HEARING) Recommended Action: ApproveOrdinanceNo.15-16onFirstReading/FIrstPublicHearingfortheamendmentstoLand DevelopmentRegulationSections4.3.3(A),Self-ServiceStorageFacilities,and4.4.26,Light Industrial District, as presented. Background: TheitembeforetheCityCommissionistoconsiderprivately-initiatedamendmentstoLDRSection 4.3.3(A),SpecialRequirementsforSpecificUses,Self-ServiceStorageFacilities,andLDRSection 4.4.26, Light Industrial District. TheproposedrevisionstoSection4.4.26willchangeSelf-ServiceStorageFacilitiesfroma ConditionalUsewithintheLIzoningdistricttoaPermittedUse.TherevisionstoSection4.3.3(A), revisethecurrentprovisionsforSelf-StorageServiceFacilitiesandaddadditionalregulations.The intentoftheserevisionsistoaccommodatecurrenttrendsformulti-story,air-conditionedstorage buildings,whereastheexistingregulationsonlyaccommodatesingle-storystoragefacilitiesaccessed from the exterior. ThecompleteoutlineoftheproposedamendmentsisprovidedintheattachedPlanningandZoning Board Staff Report from the meeting of May 16, 2016. Review by Others AtitsmeetingofMay16,2016,thePlanningandZoningBoardrecommendedapprovalofOrdinance No.15-16withavoteof4to1(LouisSmithdissented;JoePikesteppeddown;RobinByrdAbsent). The Board eliminated the proposed requirement for a 750’ distance separation between facilities. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 2Printed on 6/16/2016 powered by Legistar™ File #:16-485,Version:1 Timing of Request: Second Reading is tentatively scheduled for July 5, 2016. City of Delray BeachPage 2 of 2Printed on 6/16/2016 powered by Legistar™ ORDINANCE NO. 15-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAYBEACH,FLORIDA,AMENDINGTHELAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3, SPECIAL REQUIREMENTS FOR SPECIFIC USES, SUBSECTION (A), SELF-SERVICE STORAGE FACILITIES,TOREVISETHEASSOCIATEDSPECIAL REQUIREMENTS; AMEND SECTION 4.4.26LIGHT INDUSTRIAL(LI) DISTRICT, SUBSECTION (B), PRINCIPAL USES AND STRUCTURES PERMITTED, TO LIST SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USE;AND SUBSECTION(D), CONDITIONAL USES AND STRUCTURES ALLOWED, TO REMOVE SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE,AND PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Self-Service Storage Facilities are compatible in specific industrial and commercial zoning districts as a permitted use; and WHEREAS, multi-story Self-Service Storage Facilities are consistent with industry trends for air- conditioned units, and consistent with height limitations of the Light Industrial(LI)zoning district;and, WHEREAS, specific parking requirements are necessary for Self-Service Storage Facilities and the associated uses; and, WHEREAS, a manager is required to beon-site;during business hours and with the option of living on-site for security purposes, as needed; and, WHEREAS, the hours of operation can be extended by one hour, until 10:00 pm, for consistency with existing facilities within Delray Beach; and, WHEREAS, outdoor storage of vehicles and boats, and truck rentals are permitted as accessory uses on-site, subject to the provision of sufficient screening from the right of way; and, WHEREAS, pursuant to Florida Statute163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency(LPA), has determined that the amendments are consistent withand further the goals, objectives and policies of the ComprehensivePlan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning andZoning Board reviewed the proposed text amendment at a public hearing held on May 16, 2016, and voted 4-1to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the May 16 Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. 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 Section 4.3.3"Special Requirements for Specific Uses", Subsection 4.3.3(A)"Self- Service Storage Facilities (SSSF)", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1)\] (2)Facilities and Requirements: (a) Any SSSF which has outdoor bay type access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of-way. (b) No building shall exceed fifteen feet (15’)48’in height. This does not apply to an on-site manager’s apartment which may be located on a second floor, not to exceed thirty-five feet (35’) in height. (c) Parking shall be provided as follows: 1.One (1)space per 5,000 square feet of gross floor area for single story SSSF buildings. This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways are designed to allow customers to safely park in front of their storage unit without impeding internal circulation. 2.Oneparking space per 100 units of multi-story SSSF buildings. 3.A minimum of 3.5 spaces/1,000 square feet of accessory office. 4.A minimum of 2 spaces for an on site manager’sresidence, if applicable. 5.A minimum of 3 loading spaces for each multi-story SSSF building. Each loading space must be a minimum of 12’ x 25’ with sufficient driveway access to accommodate vehicular maneuvering. 2 Ord. 15–16 (3)Limitation of Uses: (a) Activities other than the rental orlease of storage units are not allowed to be conducted on the premisesof the SSSF, unless specifically permitted by the City Commission through the conditional use process. (b) No business or activity other than dead storage shall be conducted from any storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; garage sales; moving and storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. (c) There shall be no electrical power provided to, or accessible from, any individual storage units. This includes the provision of lighting fixtures to the interior of a storage unit, unless specifically addressed in the conditional usesite plan approval. The use of portable generators is also prohibited. (d) The use or storage of any hazardous materials is expressly prohibited. (e) The terms and conditions of this section shall be clearly expressed in all storage rental or leasing contracts, as well as conspicuously displayed on a sign no smaller than one foot (1’)by two feet (2’)in the leasing office. (f) Failure to maintain the terms and conditions of this section shall be grounds for revocation of the conditional useapproval. (4)On-Site Manager Required: All SSSF are required to have, and continuously maintain, an on-site manager during office business hours, and mayprovide on-site living quarters for such. (5)Hours of Operation: SSSFcustomers may not access individual storage units before 5:00 a.m. or any later than 9:0010:00p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour access to their storage unit(s). (6)Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10’)landscape buffer shall be required for the entirety of the property. (7)Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is permitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of-way. 3 Ord. 15–16 (8)Truck Rental: Truck rental maybe conducted as an ancillary use, if specifically permitted in the conditional use approval, andan appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights- of-way. Section 3.That Section 4.4.26 "", Subsection 4.4.26(B) "Principal Uses and Light Industrial Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1)–(4)\] (5)Self-service Storage Facilities, pursuant to the provisions of Section 4.3.3(A). Section 4.That Section 4.4.26 "", Subsection 4.4.26(C) "Accessory Use and Light Industrial Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1)–(5)\] (6)Outdoor storage of vehicles and boats, as an accessory to the self-service storage facility, subject to the provisions of Section 4.3.3(A)(7), and Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. (7)Truck rentals as an accessory use to self-service storage facilities, subject to the provisions of Section 4.3.3(A)(8), and Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. 4 Ord. 15–16 Section 4.That Section 4.4.26 "", Subsection 4.4.26(D) "Conditional Uses and Structures Light Industrial Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1)–(3)\] (4)Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A). Section 5.That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word bedeclared 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7.That this Ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ______ day of ____________________________, 2016. Mayor ATTEST: City Clerk First Reading Second Reading 5 Ord. 15–16 LI LI N LIGHT INDUSTRIAL ZONING Subject Property PLANNING & ZONING LOCATION MAP 1 inch = 400 feet DEPARTMENT Document Path: S:\\Planning & Zoning\\DBMS\\GIS\\Project Maps\\Location Maps\\Amy\\Light Industrial Zoning.mxd Date Saved: 5/4/2016 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH---STAFF REPORT--- MEETING DATE: May 16, 2016 Privately-initiated amendment to Land Development Regulations (LDRs) Section ITEM: 4.3.3(A), Self-service Storage Facilities, to revise the special requirements, and Section 4.4.26, Light Industrial (LI), to add self-service storage facilities as a permitted use, and remove it as a conditional use. RECOMMENDATION: Recommend approvalto the City Commission. GENERAL DATA: Applicant…………..................Miller Land Planning, Inc. Future Land Use Map.............Commerce (CMR) Zoning Designation.................LI (Light Industrial) Proposed Land Use…............Self-service Storage Facility ITEM BEFORE THE BOARD The item before the Board is a recommendation to the City Commissionregarding privately- initiated amendmentstoLDRSection 4.3.3(A),Self-service Storage Facilities,to revise the associated special requirements, and to LDR Section 4.4.26,Light Industrial (LI), to list Self- service Storage Facilities as a permitted use and remove it as a conditional use, pursuant to LDRSection 2.2.6(D)(6). PROPOSED AMENDMENT The amendmentsto the LDRsareprivately-initiatedand seekto permit the provision of self- service storage facilities as a permitted use within the LIzoning district, whereas this use is presently listed as a conditional use. The amendments also revise the special requirements associated with this use. The proposed amendments are as follows: LDR Section 4.3.3(A)(2), Special Requirements for Specific Uses, Self-Service Storage Facilities:Increasethe permitted building height from 15’ to 48’; provideparking requirements specific to single-story and multi-story storage facilities; specifythat the on-site manager is required during office business hours; extendhours of operationfrom 9pm to 10pm; and, requiredistance of 750’ between facilities. LDR Section 4.4.26(B), Principal Uses and Structures Permitted: AddsSelf-service Storage Facilities as a permitted use, subject to the provisions of Section 4.3.3(A). LDR Section 4.4.26(C), Accessory Use and Structures Permitted: Addsoutdoor storage of vehicles and boats, and truck rentals as accessory uses to self-service storage facilities, subject to the restrictions on outside storage in Section 4.6.6(C)(2). LDR Section 4.4.26(D), Conditional Uses and Structures Allowed: DeletesSelf-service Storage Facilities as a conditional use. Additional revisions within the Ordinance are includedas “clean-up” to clarify the intention of the regulations. ANALYSIS LDR Section 2.4.5(M)(1), Pursuant to amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is a privately-initiated text amendment to the Land Development Regulations. LDR Section 2.4.5(M)(5),Findings, Pursuant toin addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Planning and Zoning Board Meeting of May 16, 2016 LDR AmendmentRE: Light IndustrialSelf-Service Storage Facilities A review of the objectives and policies of the adopted Comprehensive Plan was conducted, and there are not any applicable to this specific request. However, the followingGoal is generally applied to LDR Amendments to ensure that compatibility of the request is reviewed: Future Land Use Element,Goal Area "A": Land within the planning area shall be developed or redeveloped, to sustain and enhance the existing quality of life, compliment and be compatible with existing land use and result in a mixed, but predominately residential community with a balanced economic base and encourage accessible affordable everyday services. The proposed amendments changeself-service storage facilities toa permitted principal use within the LIzoning district,whereas they are currently permitted as a conditional use.The amendments also add a distance separation requirement of 750’ which provides a similar protection to the district as the conditional use process presently requires for these facilities. The revision from conditionalto permitted will not impact the quality of life within the LI areas, and will help to improvethe quality of life in adjacent neighborhoods by providing additional storage needs forthe residents. The increased height for such facilities will also assistin the provision of everday affordable services, as storage facility trends have significantly changed since the adoption of the existing restrictions of one-story facilities at a maximum of 15’ in height. Additionally, specific parking provisions are provided to ensure that the right-of-way is not impacted frominsufficient parking. The added specification of vehicle and boat storage and truck rentals as accessory uses is in keeping with the existing provisions for storage facilities, which are not specified as permitted accessory uses within the LI zoning district. Future Land Use Element, Policy C-1.8: The following pertains to redevelopment of the Wallace Drive Industrial Area: This area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. Aggregation of parcels is encouraged throughout the area to accommodate unified development. The Wallace Drive Overlay area containsLI zoned property which will be affected by the subject amendments. Given that the self-service storage facilities use is presently permitted, albeit as a conditional use, the amendments are not contrary to the Plan and are appropriate to be maintained in the light industrial area. Given the above, the adoption of the proposedamendmentsare in keeping withthe applicable policies, goals and objectives of the Comprehensive Plan. 2/3 Planning and Zoning Board Meeting of May 16, 2016 LDR AmendmentRE: Light IndustrialSelf-Service Storage Facilities REVIEW BY OTHERS Community Redevelopment Agency (CRA) The will review the proposed amendments at its May 12, 2016 meeting; the recommendation will be provided at the Planning and Zoning Board meeting. A courtesy notice wassent to the Delray Citizen’s Coalition in anticipation of the Planning and Zoning Board meeting of May 16, 2016. ALTERNATIVE ACTIONS A.Continue with direction. B.Move a recommendation of approval to the City Commissionof the amendment to Land Development Regulation Sections4.3.3(A), Self-service Storage Facilities, to revise the associated special requirements, and4.4.26, to list Self-service Storage Facilities as a permitted use and remove it as a conditional use, by adopting the findings of fact and law contained in the Staff Report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C.Move a recommendation of denial to the City Commissionof the amendment to Land Development Regulation Sections4.3.3(A), Self-service Storage Facilities, to revise the associated special requirements, and 4.4.26, to list Self-service Storage Facilities as a permitted use and remove it as a conditional use,by adopting the findings of fact and law contained in the Staff Report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval to the City Commission of the amendment to Land Development Regulation Sections4.3.3(A), Self-service Storage Facilities, to revise the associated special requirements, and LDR Section 4.4.26, to list Self-service Storage Facilities as a permitted use and remove it as a conditional use,by adopting the findings of fact and law contained in the Staff Report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Report prepared by: Amy E. Alvarez, AICP, Senior Planner 3/3 ORDINANCE NO. ___-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3, SPECIAL REQUIREMENTS FOR SPECIFIC USES, SUBSECTION (A), SELF-SERVICE STORAGE FACILITIES, TO REVISE THE ASSOCIATED SPECIAL REQUIREMENTS; AMEND SECTION 4.4.26 LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION (B), PRINCIPAL USES AND STRUCTURES PERMITTED, TO LIST SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USE; AND SUBSECTION (D), CONDITIONAL USES AND STRUCTURES ALLOWED, TO REMOVE SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE, AND PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Self-Service Storage Facilities are compatible in specific industrial and commercial zoning districts as a permitted use; and WHEREAS, multi-story Self-service Storage Facilities are consistent with industry trends for air- conditioned units, and consistent with height limitations of the Light Industrial zoning district; and, WHEREAS, specific parking requirements are necessary for Self-service Storage Facilities and the associated uses; and, WHEREAS, a manager is required to be on-site ;during business hours and with the option of living on-site for security purposes, as needed; and, WHEREAS, the hours of operation can be extended by one hour, until 10:00 pm, for consistency with existing facilities within Delray Beach; and, WHEREAS, outdoor storage of vehicles and boats, and truck rentals are permitted as accessory uses on-site, subject to the provision of sufficient screening from the right of way; and, WHEREAS, the separation requirement of 750’ between facilities is appropriate to the Light Industrial zoning district; and, 1 Ord. ____ - 16 WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives and policies of the ComprehensivePlan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 16, 2016, and voted __ -__ to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. 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 Section 4.3.3 "Special Requirements for Specific Uses", Subsection 4.3.3 (A) "Self- Service Storage Facilities (SSSF)", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1)\] (2) Facilities and Requirements: (a) Any SSSF which has outdoor bay type access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of-way. (b) No building shall exceed fifteen feet (15’) 48’ in height. This does not apply to an on-site manager’s apartment which may be located on a second floor, not to exceed thirty-five feet (35’) in height. (c) Parking shall be provided as follows: 1.One (1) space per 5,000 square feet of gross floor area for single story SSSF buildings. This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways are designed to allow customers to safely park in front of their storage unit without impeding internal circulation. 2 Ord. ____ - 16 2.One parking space per 100 units of multi-story SSSF buildings. 3.A minimum of 3.5 spaces/1,000 square feet of accessory office. 4.A minimum of 2 spaces for an on site manager’sresidence, if applicable. 5.A minimum of 3 loading spaces for each multi-story SSSF building. Each loading space must be a minimum of 12’ x 25’ with sufficient driveway access to accommodate vehicular maneuvering. (3) Limitation of Uses: (a) Activities other than the rental or lease of storage units are not allowed to be conducted on the premises of the SSSF, unless specifically permitted by the City Commission through the conditional use process. (b) No business or activity other than dead storage shall be conducted from any storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; garage sales; moving and storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. (c) There shall be no electrical power provided to, or accessible from, any individual storage units. This includes the provision of lighting fixtures to the interior of a storage unit, unless specifically addressed in the conditional usesite plan approval. The use of portable generators is also prohibited. (d) The use or storage of any hazardous materials is expressly prohibited. (e) The terms and conditions of this section shall be clearly expressed in all storage rental or leasing contracts, as well as conspicuously displayed on a sign no smaller than one foot (1’)by two feet (2’) in the leasing office. (f) Failure to maintain the terms and conditions of this section shall be grounds for revocation of the conditional use approval. (4) On-Site Manager Required: All SSSF are required to have, and continuously maintain, an on-site manager during office business hours, and may provide on-site living quarters for such. (5) Hours of Operation: SSSF customers may not access individual storage units before 5:00 a.m. or any later than 9:0010:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour access to their storage unit(s). 3 Ord. ____ - 16 (6) Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10’)landscape buffer shall be required for the entirety of the property. (7) Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is permitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of-way. (8) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permitted in the conditional use approval, and an appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights- of-way. (9) Location:A SSSF shall not be located within a radius of 750 feet of another existing SSSF, measured from property line to property line. Section 3. That Section 4.4.26 "", Subsection 4.4.26 (B) "Principal Uses and Light Industrial Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1) – (4)\] (5) Self-service Storage Facilities, pursuant to the provisions of Section 4.3.3(A). Section 4. That Section 4.4.26 "", Subsection 4.4.26 (C) "Accessory Use and Light Industrial Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1) – (5)\] (6) Outdoor storage of vehicles and boats, as an accessory to the self-service storage facility, subject to the provisions of Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. (7) Truck rentals as an accessory use to self-service storage facilities, subject to the provisions of Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. 4 Ord. ____ - 16 Section 4. That Section 4.4.26 "", Subsection 4.4.26 (D) "Conditional Uses and Light Industrial Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1) – (3)\] (4) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A). 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this Ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ______ day of ____________________________, 2016. Cary D. Glickstein, Mayor ATTEST: City Clerk First Reading Second Reading 5 Ord. ____ - 16 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-484,Version:1 TO: Mayor and Commissioners FROM: Tim Stillings, Planning, Zoning, and Building Director THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 ORDINANCE14-16,AMENDINGSECTION4.4.29“MIXEDRESIDENTIAL,OFFICEAND COMMERCIAL(MROC)DISTRICT”TOAMENDTHEPURPOSETOEMPHASIZETRANSIT- ORIENTEDDEVELOPMENTPATTERNS;TOREMOVETHEREQUIREMENTFORAMASTER DEVELOPMENTPLANFORPARCELSUNDERTHREEACRES;TOREDUCETHELANDSCAPE BUFFERREQUIREMENTFORCERTAINPROPERTIES;TOREDUCETHEFRONTSETBACKS FROMCONGRESSAVENUE;TOINCREASETHEREARSETBACKREQUIREMENTSFOR PROPERTIESADJACENTTOTHECSXRAILWAY;TOINCLUDESELF-SERVICESTORAGE FACILITIESASAPERMITTEDUSEWITHSPECIFICFLOORAREARATIO,BUILDINGHEIGHT, FLOORHEIGHT,SETBACKANDOTHERDESIGNREQUIREMENTS;TOINITIATEABONUS PROGRAMFORSELFSERVICESTORAGEFACILITIESTOALLOWTHESEFACILITIESMORE SQUARE.FOOTAGEINEXCHANGEFORTHEPROVISIONOFCERTAINCOMMUNITY BENEFITS;DELETINGOUTDATEDLANGUAGE,CORRECTINGREFERENCESANDMAKING OTHER TECHNICAL CHANGES. (SECOND HEARING) Recommended Action: MotiontoApproveOrdinanceNo.14-16onSecondReadingfortheamendmenttoLand DevelopmentRegulationSection4.4.29,MixedResidential,OfficeandCommercial(MROC)District, as presented. Background: TheitembeforetheCityCommissionistoconsiderprivately-initiatedamendmentstoLDRSection 4.4.29,MixedResidential,OfficeandCommercial(MROC)DistricttoaddtoaddSelf-Service StorageFacilities(SSSF)asapermitteduse,pursuanttothelistedDevelopmentStandardsalso provided as a part of the revisions. TheinitialrequestproposedtoaddSSSFasapermittedusewithintheMROCzoningdistrict.Given thenewvisionfortheCongressAvenueCorridorbytheTaskForceanddirectiongivenbytheCity Commission,StaffthoroughlyreviewedtheMROCregulationsinconjunctionwiththerequest.Asa result,StaffisalsorecommendingadditionaleditsandamendmentstoSectionswithintheMROC district.TherevisionstotheexistingMROCregulationsincluderequiringaMasterDevelopmentPlan (MDP)foralldevelopmentsoverthreeacresorthosebuiltinphases,whereasanMDPiscurrently requiredforalldevelopmentproposals;reducingtheminimumsiteareafordevelopmenttotwoacres fromthree;reducingthefrontsetbackalongCongressAvenueto10’toprovideamoreactiveand engagedstreetscapewithamaximumsetbackof20’;permittingallbuildings,regardlessoflotsize, toprovidean85’height,whereaspropertieslessthan3acresarelimitedto48’inheight;and, revisions to setbacks when adjacent to non-residential use properties. City of Delray BeachPage 1 of 2Printed on 6/16/2016 powered by Legistar™ File #:16-484,Version:1 TheadditionalrequirementswillallowmoresquarefootagefortheSSSFprovidedthatanOffice Headquartersiscommittedtolocatingon-siteforatleastthreeyears,andbyprovidingCommunity BenefitBonuses.TheintentofthesetworequirementsistoensurethattheCityandtheCorridoris abletodirectlybenefitbypermittingtheadditionalsquarefootageforanSSSF,whichisnotan “active” use. The complete outline of the proposed amendments is provided in the attached Planning and Zoning Board Staff Report from the meeting of May 16, 2016 Review by Others TheCongressAvenueTaskForcereviewedthesubjectOrdinanceatitsmeetingofMay12,2016. TheTaskForcewaspleasedwiththeproposedamendmentsastheymeettheintentoftheirefforts, the balance of which will be forthcoming. AtitsmeetingofMay16,2016,thePlanningandZoningBoardrecommendedapprovalofOrdinance 14-16withavoteof5to1(LouisSmithdissenting;RobinByrdAbsent).TheBoardnotedconcerns regardingtherelevancyoftheStaff-initiatedrevisionstotheexistingMROClanguagewiththe addition of Self-service Storage Facilities. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 2 of 2Printed on 6/16/2016 powered by Legistar™ ORDINANCE NO. 14-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAYBEACH,FLORIDA,AMENDINGTHELAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.29 “MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT”TO AMENDTHE PURPOSE TO EMPHASIZETRANSIT-ORIENTED DEVELOPMENT PATTERNS; TO REMOVE THE REQUIREMENT FOR A MASTER DEVELOPMENT PLAN FOR PARCELS UNDER THREE ACRES; TO REDUCE THE LANDSCAPE BUFFER REQUIREMENT FOR CERTAIN PROPERTIES; TO REDUCE THE FRONT SETBACKS FROM CONGRESS AVENUE; TO INCREASE THE REAR SETBACK REQUIREMENTS FOR PROPERTIES ADJACENT TO THE CSX RAILWAY; TO INCLUDE SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USEWITH SPECIFICFLOOR AREA RATIO,BUILDINGHEIGHT,FLOOR HEIGHT, SETBACK AND OTHER DESIGN REQUIREMENTS; TO INITIATE A BONUS PROGRAM FOR SELF-SERVICE STORAGE FACILITIES TO ALLOW THESE FACILITIES MORE SQUARE FOOTAGE IN EXCHANGE FOR THE PROVISION OF CERTAIN COMMUNITY BENEFITS; DELETING OUTDATED LANGUAGE, CORRECTING REFERENCES AND MAKING OTHER TECHNICAL CHANGES;PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the purpose and intent of the MROC Districtis to encourage mixed-use development within the corridor with commercial or office uses while utilizing new urbanism design elements; and WHEREAS, the City of Delray Beach(“City”) initiated the Congress Avenue Task Force to study the Congress Avenue corridor where the MROC District is one of the primary zoning districtsand to provide recommendations to enhance the development potential of the corridor; and WHEREAS, the City desires to facilitate the redevelopment of smaller parcels in the MROC district by removing the requirement for a Master Development Plan for parcels smaller than three acres; and WHEREAS, the City desires to reduce the front setbacks along Congress Avenue in the MROC district, thereby creating a more pedestrian friendly environment;and WHEREAS, the City desires to increase the rear setbacksfor properties along the CSX railway in order to facilitate the improvement of the CSX Railroad Greenway; and WHEREAS, the City desiresto continue to support light industrial usesin the Congress Avenue corridorand provide opportunities for similar uses adjacent to the CSX Railwayto provide a buffer from the train tracks for office, retail, and residential uses; and WHEREAS, the Citydesires to add Self Service Storage Facilities as a permitted use in the MROC district to add to the light industrial uses allowed in the MROC district, and to address the need for more Self- Service Storage Facilities in the City; and WHEREAS, the City desires to grant square-footage bonuses to Self-Service Storage Facilities for owners who commit to locating office headquarters in the MROC district, or provide other community benefits; and WHEREAS, the proposed amendments to the MROC District are consistent with the “Key Recommendations” of the Congress Avenue Task Force presented to the City Commission on February 29, 2016; and WHEREAS, pursuant to Florida Statute163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency(LPA), has determined that the amendments areconsistent withand further the goals, objectives and policies of the ComprehensivePlan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning andZoning Board reviewed the proposed text amendment at a public hearing held on May 16, 2016, and voted 5to 1to recommend that the changes be approved; and WHEREAS, the City Commissionof the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. 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 Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(A) "Purpose and Intent" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 2Ord. 14-16 (A)Purpose and Intent: The MROC District regulations provide for a mix of residential, office, and commercial uses in a master-planned environment, which is controlled through a Master Development Plan. The district encourages stand-alone office buildings and mixed–use development within the corridor with commercial or office uses on the ground floor and office or residential uses above while providing higher density opportunities and emphasizing transit-oriented development patterns. (1)It is desired that the existence of the MROCZoning District will encourage the development of Class A office buildings, supporting commercial uses and residential units in a master planned environment, which will provide housing (both market rate and workforce), and employment opportunities for theresidents of the Greater Delray Beach Community. (2)The MROCDistrict is applied to property which has a Mixed-Use Future Land Use Map designation and is bounded by West Atlantic Avenue on the north, the C-15 Canal to the south, the I-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South, and the Office Depot complexes, located just west of Congress Avenue. The district’s primary objectives are to create high quality jobs and to increase the tax base within the corridor. To that end, thedistrict encourages stand alone Class A office buildings and mixed–use development within the corridor with commercial or office uses on the ground floor and office or residential uses above while utilizing new urbanism design elements. Section 3.That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(B) "Principal Uses and Structures Permitted"of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the sameis hereby amended as follows: \[No changes to (1) –(6)\] (7)Self-service storage facilities, pursuantto the Development Standards of Subsection (G)(1)(f). Section 4.That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(D) "Supplemental Uses" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (D)Supplemental Uses: The following uses are allowed within the Office and Research and Development use areas of the MDPdevelopment provided that they are of such a scale, design, and location to cater to the needs of employees of the office center or research and development park. Space allocations for these uses shall be identified during the Master Development Planapproval. (1)Lunch counters, cafeterias, restaurants, snack bars, and vending machine areas (2)Classroom and training facilities (3)Child Care facilities \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 3Ord. 14-16 (4)Sundry shops (5)Exercise facilities Section 5.That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(F) "Review and Approval Process" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (F)Review and Approval Process: (1)All Development of parcels greater than threeacres with development planned to be completed in a phased manner and/or which require waivers within the MROC District shall be governed by a Master Development Plan (MDP). The MDP shall consist of a narrative; a land use map; conceptual site, landscaping, and utility plans; and conceptual elevations and architectural informationrenderings. AnMDP shall be processed pursuant to Section 2.4.5(F) with approval granted by the Planning and Zoning Board. An MDP may be modified pursuant to Section 2.4.5(G). (2)In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (3)(2)AnyAll newsite plan applications for new development must receive approvalmust be grantedby the Site Plan Review and Appearance Board (SPRAB)with respect to Sections 2.4.5(F), (G), (H), and (I) and be consistent with the approved Master Development Plan (MDP), as applicable. A site plan modification shall follow procedures outlined in Section 2.4.5(G). (4)Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5)Applications for site plan approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) that is of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board and is to be consistent with theadoptedMaster Development Plan(MDP). Section 6.ThatSection 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(G) "Development Standards" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (G)Development Standards: The following standards shall be adhered to for any new development within the MROC District. Waivers and internal adjustments to these standards may be approved by the Planning and Zoning Board concurrent andas a part of the approval of anMaster Development Plan (MDP), as applicable.When considering anMDP, the Planning and Zoning Board may requireconditions to address the specific characteristics of the site and potential impacts of the proposed development. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 4Ord. 14-16 When considering a Master Development Plan (MDP) in any Mixed Residential, Office, and Commercial (MROC) development proposal, the Planning and Zoning Board may attach suitable conditions, safeguards, and stipulations to address the specific characteristics of the site and potential impacts of the proposed development. (1)Standards Pertaining to Allocation of UsesPer Development: (a)Office Center usescanmay encompass up to one hundred percent (100%)of the total building square footagewithin an MROCfloor area of a development. (b)Research and Development usescanmay encompass up to one hundred percent (100%)of building area square footagethe total floor area of the total MROCdevelopment. Furthermore, Suchuse may be placed within any of the "land use areas" depicted on the MDP. (c)Retail uses shall not encompass more than twenty percent (20%)of the total building area square footagefloor area of the MROCdevelopment. (d)Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footagefloor area of the MROCdevelopment. Notwithstanding the above, hHotels, motels,and residential all suite lodging canmay comprise 100% of the floor area of an individual building within anMDP containing multiple buildings. (e)Multi-family uses may compriseup to 75% to 100% of a development, as identified under LDR Section 4.4.29(B)(4). (f)Self-service Storage Facility usesshall not encompass more than 50% of the total floor areaof the development, unless the Development Bonus requirements are met, pursuant to Subsection (G)(2)(h)(7). Self-service storage facilities maycomprise 100% of the floor area of an individual building as part of a mixed-use developmentcontaining multiple buildings. (2)Standards Unique to the MROC District: Where standards unique to the MROC District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codesLDRs, the standards of this Subsection (2) shall applyprevail. (a)Minimum Site Area: Minimum site area for the totaldevelopment within the MROC District is to bethree (3)twoacres. However, tTheapproving body may grant a waiver to the threetwoacre requirement upon a determination that the development is consistent with the purpose and intent of the MROC Districtand attempts have been made to aggregate adjacent parcels. Evidence must be provided that aggregation is not feasible. (b)Minimum Floor Area: 1. Tenant space within research and development use areas must have a minimum of 1,000 square feet per tenant. 2.There are no minimum floor area requirements for office, retail, hotels, motels, and residential all suite lodging and commercialuses. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 5Ord. 14-16 3.Residential units are subject to the minimum square footage per unit requirements of LDR Section 4.3.4(K) (Development Standards Matrix for Residential Zoning Districts -Subnote #1). 4.Self-service storage facilities are limited in floor area pursuant to Subsection (G)(1)(f). (c)Lot Coverage & Open Space: 1.Lot coverage by building, pavement and hardscape site improvements shall not exceed 75% of the MROC development of the area of any individual lot, excluding any hardscaping within the Civic Open Space provided through the Community Benefit Bonus. 2. Land area, equal toat least 25% of the total MROCdistrict including the perimeter landscaped boundary, shall be in open space. Landscape areas required to meet internal parking lot design requirements, water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. (d)Perimeter Development: A landscape buffer shall be provided around each MROC development. Parking, structures, perimeter roadways, and other paving is not permitted within this buffer except for bicycle paths, sidewalks, jogging trails, and driveways or access streets which provide ingress and egress for traffic and which are generally perpendicular to the buffer. The width of the buffer shall be the smaller distance of either the dimensions below or 10% of the average depth of the property; however, in no case shall the landscape area be a width of less than ten (10) feet 3015 feet When adjacent to a collector or arterial streetCongress Avenue 40 feet When abutting residentially zoned property 25 feet When adjacent to but separated from residentially zoned property by a street, waterway, alley, railway or park 25 feet When commercial and/or office uses abut residential parcels within the MROCmaster development plan. 25 feet When abutting non residentially zoned property 15 feet All other perimeters 25 feet Adjacent to CSX Railway (e)Minimum Structure Size: Any free-standing non-residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the masterdevelopment plan; and shall have direct access to and from other portions of the MROC development. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 6Ord. 14-16 (f)Height: The maximum height of all buildingsshall be 85’. The height of a self- service storage facility is limited to no more than two times the height of the lowest height of all other building(s) on the site. Floor heightsfor all buildings shall comply with the following: (1) Buildings shall be allowed to a maximum height of eighty-five feet (85’) on parcels of three (3) acres or more and a maximum of 48’ for parcels less than three (3) acres. (2) Office, Research, and Commercial Floor Heights shall be a minimum of twelve feet (12’) floor to floor on the first floor and ten (10’) floor to floor on all floors above. Residential uses shall have a minimum nine feet (9’) floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8’ 6”) floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. 1.Office, Research, and Commercial Floor Heights shall be a minimum of 12’ floor to floor on the first floor and 10’ floor to floor on all floors above. 2.Residential usesshall have a minimum floor height of nine feet (9’)floor to floor on all floors. 3.Hotel, motel, residential all suite lodging, and self-service storage facilitiesshall have a minimum floor height of eight feet,six inches floor to floor on all floors. 4.Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. (g)Setbacks: (1) 1.Congress Avenue Frontage: To the greatest extent possible buildings shall be placed at the minimum setback to a maximum height of 42’. Thereafter, additional sSetbacksfor the portion of the building exceeding 42’shall be a minimum of an additional10’and a maximum of 20’. (2) 2.Front Yard: Shall be the minimum identified in LDR Section 4.4.29 (G)(2)(d),Perimeter Development Buffers,to a maximum height of 42’. Thereafter, additional setbacks for the portion of the building exceeding 42’ shall be a minimum of an additional 10’. (3) 3.Side Yard: When adjacent to residential uses, excluding mixed-use development, the side yard setback requirements Sshallbe the minimum identified in LDR Section 4.4.29 (G)(2)(d) (Perimeter Development Buffers) to a maximum height \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 7Ord. 14-16 of 42’. Thereafter, additional setbacks for the portion of the building exceeding 42’ shall be a minimum of an additional 10’. (4) 4.Rear Yard: Shall be the minimum identified in LDR Section 4.4.29 (G)(2)(d) (Perimeter Development Buffers) to a maximum height of 42’. Thereafter, additional setbacks for the portion of the building exceeding 42’ shall be a minimum of an additional 10’, excluding those properties with rear yards adjacent to the CSX Railway which do not require the additional setback above 42’. (5) 5.Building Separations: Shall be a minimum of 25 feet. For the purpose of this section parking structures are not considered to be buildings. (6) All floors above 42’ shall have the building setbacks or planes of the façade that are offset and varied to provide visual relief. 6.Properties Adjacent to the CSX Railway: The required building setback for properties adjacent to the CSX Railway shall be a minimum of 25’, whether determined to be the front, side interior, side-street, or rear of a property. (h)Self-service storage facilities:The following requirements apply to self-service storage facilities: 1.Location:Self-service storage facilities shall not be located within a radius of 1,000 feet of another existing self-service storage facility, measured from property line to property line. Self-service storage facilities are permittedonly on propertieseast ofCongress Avenue and adjacent to the Railway, as provided below: a.Self-service storage facilitiesmay not be established on the first and second floors of a building located within 200’ of Congress Avenue, as measured in a straight line, perpendicular to the right of way. b.The property containing the self-service storage facility must contain additional commercial and/or residential development between the self- service storage facility and Congress Avenue. 2.Facilities and Requirements: a.Bay Access: Outdoor bay type access to individual self-service storage facilitiesis prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. b.Parking:Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses. For self-service storagefacilities, parking shall be at a rate of one parking space per 100 storage units or portion thereof, including: (a) a minimum of three loading spaces for the self-service storage facility that must be striped and signed to limit the time \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 8Ord. 14-16 for loading and unloading to one hour; and in addition (b) three and one-half spaces for each 1,000 square feet of accessory office use associated with the self- service storage facility. Notwithstanding the above, a minimum of fiveparking spaces other than loading spaces shall be provided in connection with the self- service storage facility. 3.Limitation of Additional On-Site Uses: a.Activities not related to the rental or lease of self-service storage units shall not be conducted within the area designated for the self-service storage facility. b.No business or activity other than self-storage shall be conducted from any self-storage unit in the facility. c.Except as otherwise provided in this subsection, there shall be no electrical power provided to, or accessible from any individual self-storage units. This includes the provision of lighting fixtures to the interior of a self- storage unit. The use of portable generators is also prohibited. d.The use or storage of any hazardous materials is prohibited. e.The terms and conditions of this section shall be clearly expressed in all self-storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot by two feet in the leasing office at the facility. 4.Hours of Operation:Customers of the self-service storage facility may not access individual self-storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self-service storage facility have 24 hour access to their self-storage unit(s). 5.Outdoor Storage of vehicles, Boats & Truck Rental:Outdoor storage of boats and vehicles and truck rental is prohibited. 6.Architecture:All building facades shall have the appearance ofan office and/or retail building through the use of doors, windows, awnings, and other appropriate building elements, consistent with the overall development, with multi-story buildings clearly defined. 7.Development Bonuses & Requirements:Self-Service Storage Facilities may exceed the permitted floor area limitin Section (G)(1)(f), by complying with the following: \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 9Ord. 14-16 a.Location ofan Office Headquarters, where the company’s executive offices and direct support staff are located and which has committed to staying on the site for at least three years,may permit the total square footage of the self-service storage facility to be double the amount of total square footage attributed to the other uses within the development, and; b.Provision ofthe requiredCommunity Benefit Bonuses,defined in Subsection (G)(2)(h)7.c.-g., may permitan additional square footage increase asestablished in Subsection (G)(2)(h)7.a.,as follows: Percentage of Community Benefit Bonuses Bonus Type Floor Area Increase 1Up to 50%Select any “A” Bonus 251% -100%Select one “A” Bonus and one “A” or “B” Bonus 3101% -150%Select two “A” bonuses and one “A” or “B” Bonus 4151% -200%Select two “A” bonuses and two “A” or “B” Bonuses “A” Bonus List“B”Bonus List Civic Open Space, in accordance with the design criteria of Subsection Mobility/transit contribution equal to 0.5% of the total project (G)(7)(C)construction costs. Congress Avenue Corridor Beautification contribution equal to 2% of Green Building Certification, minimum Silver level. the total project construction costs 10’ Greenway Easement along property line adjacent to CSX Railway Workforce Housing contribution equal to .75% of the total project with contribution equal to 2% of total project construction costsconstruction costs Community Benefit Agreement, in accordance with Subsection (G)(7)(i). Ex. Permitted SSSF* Total floor area PermittedBonus SSSF* Floor Floor Area Total SSSF of development SSSF* Floor area/ % of Floor Community Benefit Bonuses Required w/CorporateFloor Area pre-bonusAreaArea Increase Headquarter abcde a x .5 = b(a x .5) x 2 = ccx % = dc + d = e 2 Bonuses required; one bonus from “A” and 50,000 sf25,000 sf50,000 sf11,750sf / 47%86,750 one bonus from “A” or “B”. 4 Bonuses required; two from “A” and 50,000 sf25,000 sf50,000 sf48,500sf / 194%123,500 two from “A” or “B” * Self-Service Storage Facilities \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 10Ord. 14-16 c.Civic Open Space: Civic open spaces are privately maintained outdoor spaces which are accessible by the general public, improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for occupants of the building which the open space serves.Civic Open spaces shall be provided in accordance with the following: ii.Civic open space shall consist of at least 5% of the total lot area in addition to the minimum required Open Space, and be clearly defined and contiguous. iii.The civic open space shall adjoin a street front property line for no less than 10% of the frontage width. iv.Civic open spaces must be accessible to the public during all daylight hours. v.Civic open spaces must be situated to allow easy ingress and egress by pedestrians, and may not be fenced. vi.Civic open spaces must be located at the sidewalk level; vii.Civic open spaces must be opento the sky; however, open- air garden structures such as gazebos or band shells are permitted within civic open spaces; viii.Landscaping shall be arranged in a manner reflective of the type of civic open space. One shade tree per 20 feet of perimeter of the space is required. Trees may be arranged in regular spacing or in informal clusters, depending on the type of open space. Trees shall be installed to provide shade along walkways and for benches. Substituting shade trees for multiple palm species is not permitted; however, adding palms to the landscape design is permitted. ix.Each civic open space shall provide street furniture elements, specifications subject to approval by the City of Delray Beach Engineering Department, including seating for at least two people per 500 square feet of area, one drinking fountain, 1 bicycle rack with no less than four spaces, 1 trash receptacle, and 1 pet clean up station. x.Civic open space shall be developed and open for use concurrent with the issuance of a certificate of occupancy for the building(s) for which the open space is required. d.Congress Avenue Corridor BeautificationContribution:The Congress Avenue Corridor Beautification Contribution, which is based on the total project construction costsnoted on the Building Permit application,shall be provided to the Planning and Zoning Department prior to the issuance of Certificate of Occupancy. Contributions are for the sole purpose of improving the Congress Avenue Corridor. e. Greenway Easement and Contribution:The Greenway Easement and Contribution, which is based on the total project construction costsnoted \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 11Ord. 14-16 on the Building Permit application, shall be providedto the Planning and Zoning Departmentprior to the issuance of Certificate of Occupancy. Contributions arefor the sole purpose of establishing and improving the CSX Railroad Greenway. f. Delray Beach Mobility/TransitContribution:The Delray Beach Mobility/TransitContribution, which is based on the total project construction costsnoted on the Building Permit application, shall be provided to the Planning and Zoning Department prior to the issuance of Certificate of Occupancy. Contributions arefor the sole purpose of mobility or transit within the Congress Avenue corridor. g. Workforce Housing Contribution: The Workforce Housing Contribution, which is based on the total project construction costsnoted on the Building Permit application, shall be provided to the Planning and Zoning Department prior to the issuance of Certificate of Occupancy. Contributions are for the sole purpose of constructing additional Workforce Housing Units within the City. h. Green Building Certification:Green Building Certification(or equivalent)of a Silver level or higher must be obtained upon receiving the final inspection and Certificate of Occupancy by the Building Division. A surety bond in the amount of 5% of the total project construction costswill be submitted to the City, and released upon certification of a Silver level or higher. If this certification is not achieved, the City Commission may determine if the bond, or a percentage thereof,will be retained. i.Community Benefit Agreement: A Community Benefit Agreement (CBA), in a form acceptable to the City Attorney,approved and adopted via Resolution by the City Commission which directly benefits the community such as local hiring initiatives for construction jobs, provision of Living Wages for all new hires, location of Corporate Headquarters, and any other mutually agreed upon benefits. 8.Site Development Relief:Developments which utilize the bonus programin Subsection (G)(7) aboveare not eligible to seek relief for the Development Standards listed in Section 4.3.4(K), or the requirements of this Section. 9.Building Permits:All permits for an approved development which contains a self-service storage facility will not be issued prior to the issuance of permits for other uses on the site, or issued a Certificate of Occupancy until the other uses are completed. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 12Ord. 14-16 Section 7.That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8.That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9.That this Ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ______ day of ____________________________, 2016. Cary D. Glickstein, Mayor ATTEST: City Clerk First Reading Second Reading \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 13Ord. 14-16 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH---STAFF REPORT--- MEETING DATE: May 16, 2016 Privately-initiated amendment to Land Development Regulations (LDRs) Section ITEM: 4.4.29, Mixed Residential, Office and Commercial (MROC) District, to include self-service storage facilities as a permitted use with specific design regulations and review criteria. RECOMMENDATION:Recommend approval. GENERAL DATA: Applicant…………...........Dunay Miskel Backman, LLP Future Land Use Map.......Congress Avenue Mixed Use (CMU) Zoning Designation.........MROC (Mixed Residential Office and Commercial) ProposedUse…..............Self-service Storage Facilityas a permitted use. ITEM BEFORE THE BOARD The item before the Board is a recommendation to the City Commissionregarding an amendment toLDRSection 4.4.29, Mixed Residential, Office and Commercial (MROC) District, to add Self-Service Storage Facilities as a permitted use with specific design regulations and review criteria,pursuant to LDRSection 2.2.6(D)(6). PROPOSED AMENDMENT The amendment to the Land Development Regulations (LDR) is privately-initiatedand seeks to permit self-service storage facilities as a permitted use within a mixed-use development within the MROC district. The proposedamendmentsto LDR Section 4.4.29, Mixed Residential, Office and Commercial (MROC) Districtaddress the proposed use, as well as some reformatting and less substantive changes. Those significant changes associated with the subject amendmentare as follows: LDR Section 4.4.29(A), Purpose and Intent: Revised existing language to simplify the described purpose and intent of the MROC zoning district to be in keeping withthe Congress Avenue Task Force vision. LDR Section 4.4.29(B), Principal Uses and Structures Permitted: Revised to add Self- Service Storage Facilities as a listed use, pursuant to the listed Development Standards. LDR Section 4.4.29(F), Review and Approval Process: Revised language to specify that parcels greater than threeacres requires a Master Development Plan (MDP), whereas all development within the MROC district requiresan MDP. LDR Section 4.4.29(G), Development Standards: Language added to specify that conditionsmay be applied by the Planning and Zoning Board to mitigate potential impacts of the proposed development. LDR Section 4.4.29(G)(1)(f),StandardsPertaining to Allocation of Uses Per Development: Language added to specify that Self-Service Storage Facilitiesshall not encompass more than 50% of the total floorarea of the developmentunless the Development Bonus requirements are met; and Self-Service Storage Facilitiescan comprise 100% of the floor area of an individual building within a development containing multiple buildings. LDR Section 4.4.29(G)(2)(b), Minimum Floor Area: Language added to cross-reference the floor area limitation for self-service storage facilities. LDR Section 4.4.29(G)(2)(d), Perimeter Development: Revisions to existing setbacks including a 15’ setback from Congress Avenue (presently 30’), 25’ setback from the CSX Railway (not presently specified), 15’ setback from all other perimeters (presently 25’ when adjacent to non-residential zoning districts) Planning and Zoning Board Meeting of May 16, 2016 LDR AmendmentRE: MROC Self-Service Storage Facilities LDR Section 4.4.29(G)(2)(e), Minimum Structure Size: Language added to specify that structures containing self-service storage facilities are limited to the size referencedin Subsection (G)(1)(a). LDR Section 4.4.29(G)(2)(f), Height: Subsection revised to reorganize existinglanguage for clarity purposes; height revised to specify the maximum height as 85’ for all development (presently limited to 48’ for acres less than threeacres), with the height of self-service storage facilities limited to no more than two times the height of the lowest building of all other buildings on the site; provision for minimum floor to floor height for self-service storage facilities at 8’6”. LDR Section 4.4.29(G)(2)(g), Setbacks: Reduction of setback along Congress Avenue to 10’ from 25’, provision that the additional side and rear yard setback above 42’ is applicable only to development adjacent to residential uses, excluding mixed-use development, and those not adjacent to the CSX Railway, and specification that the setback for properties adjacent to the CSX Railway is 25’. LDR Section 4.4.29(G)(2)(h), Self-Service Storage Facilities: Subsection added to provide specific development parametersfor self-service storage facilities uses such as location, proximity to Congress Avenue, loading type, parking requirements, limitation of additional uses on site and/or within the storage units, hours of operations, outdoor storage, overall architecturaldesign forcompatibility, and requirement of development bonuses as a means of exceeding the 50% square footage limitation placed on self- service storage facilities. Additional revisions within the Ordinance are includedas “clean-up” primarily to provide consistency of text and formatting within the Section. ANALYSIS LDR Section 2.4.5(M)(1), Pursuant to amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is a privately-initiated text amendment to the Land Development Regulations. LDR Section 2.4.5(M)(5),Findings, Pursuant toin addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted, and there are not any applicable to this specific request. However, the followingGoal is generally applied to LDR Amendments to ensure that compatibility of the request is reviewed: Future Land Use Element,Goal Area "A" Land within the planning area shall be developed or redeveloped, to sustain and enhance the existing quality of life, compliment and be compatible with existing land use and result in a mixed, but predominately residential community with a balanced economic base and encourage accessible affordable everyday services. Future Land Use Element, Policy A-1.9 The primary function of the Congress Avenue Mixed Use Future Land Use designation is to attract Class A office development while allowing limited 2/4 Planning and Zoning Board Meeting of May 16, 2016 LDR AmendmentRE: MROC Self-Service Storage Facilities residential development (including workforce housing) and support commercial uses. The designation allows commercial and office development at a total maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. Office uses may comprise one hundred percent (100%) of the total floor area of a master development plan. Residential development, at a maximum density of up to 50 units per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor, will be allowed. Residential use may comprise up to 100% of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total floor area between 1,001 and 2,500 feet of the Tri-Rail Station; and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. Development must have an emphasis on non-vehicular (e.g. pedestrian and bicycle) access to mass transit, including but not limited to, Tri-rail and Palm Tran. The proposed amendments add self-service storage facilities as a permitted principal use within the MROC district and provide specific design parameters for the use. The intent and purpose of the MROC is to provide offices uses which support commercial and residential uses in a planned environment. The addition of storage facilitieswithin this area will provide a necessary service to the residents and business owners within the area. The storage facilities will be limited in location (between Congress Avenue and the Railway), and cannot be located within 1000’ of another facility orwithin 200’ of Congress Avenue with built development situated between the storage facility and Congress Avenue. It is to be noted that the initial vision of the Congress Avenue Corridor was to encourage “Class A” office space, as indicated above in Policy A-1.9. However, this vision has significantly evolved in the last 10years to not specify the class of office space, while maintaining the original desires to provide a large amount of office space within the corridor. In addition, a development bonusprogram is included in the amendments to permitself-service storage facilities to exceed the maximum amount of total floor area permitted for the use, which is 50% of the total development floor area. First, the bonuses permit the storage facilities to have double the amount of the total square footage attributed to the other uses within the development ifa corporate headquarters is committed to establishing itself on-site for at least three years. Additional square footage, up to 200% of the initial floor area limit of 50% of the total development floor area, may be acquired by providing Community Benefit Bonuses which include civic open space, a beautification contribution to be utilized for the Congress Avenue corridor, a greenway easement, a communitybenefit agreement, mobility/transit contribution, green building certification, and workforce housing contribution. The intent of these Community Benefit Bonuses is to provide a direct benefit to the area impacted by the additional development potential of the storage facility. These bonuses are also in keeping with the goals of the Congress Avenue Corridor Taskforce which has been working on establishing a new vision for the entire corridor. Therefore, the bonus program is also providing the framework for the larger amendments which will come forward in the coming months. In consideration of the applicable Future Land Use Element Goal Area and Policynoted above, the proposed use will complement the other permitted uses required in the approved development site planand throughout the MROC corridor. Storage facilities available to area residents within the MROC corridor will have convenient access to their stored possessions, and area businesses can utilize the facilities for keeping inventory, documents,etc. while providing improved spaces or additional employee office areas within their buildings. The specified parameters for the use will not negatively impact the quality of life or the environment of the MROC corridor;rather it will be enhanced as previously expressed. 3/4 Planning and Zoning Board Meeting of May 16, 2016 LDR AmendmentRE: MROC Self-Service Storage Facilities Given the above, the adoption of this text amendment will further the applicable policies, goals and objectives of the Comprehensive Plan. COURTESY NOTICES A courtesy notice wassent to the Delray Citizen’s Coalition in anticipationof the Planning and Zoning Board meeting of April 18, 2016. ALTERNATIVE ACTIONS A.Continue with direction. B.Move a recommendation of approval to the City Commissionof the amendment to Land Development Regulation Section 4.4.29,Mixed Residential, Office and Commercial (MROC) District, to add Self-Service Storage Facilities as a permitted use and provide specific regulations associated with their development,by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C.Move a recommendation of denial to the City Commissionof the amendment to Land Development Regulation Section 4.4.29, Mixed Residential, Office and Commercial (MROC) District, to add Self-Service Storage Facilities as a permitted use and provide specific regulations associated with their development, andfinding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval to the City Commission of the amendment to Land Development Regulation Section 4.4.29, Mixed Residential, Office and Commercial (MROC) District, to add Self-Service Storage Facilities as a permitted use and provide specific regulations associated with their development, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Report prepared by: Amy E. Alvarez, AICP, Senior Planner 4/4 ORDINANCE NO. __-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.4.29 MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT, TO INCLUDE SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USE WITH SPECIFIC DESIGN REGULATIONS AND REVIEW CRITERIA; AND PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the purpose and intent of the MROC District is to encourage mixed use development within the corridor with commercial or office uses while utilizing new urbanism design elements; and WHEREAS, the City of Delray Beach initiated the Congress Avenue Task Force to study the Congress Avenue Corridor where the MROC District is one of the primary zoning districts and provide recommendations to enhance the development potential of the corridor; and WHEREAS, there is a desire to continue to support light industrial uses in the Congress Avenue corridor and provide opportunities for similar uses adjacent to the Florida East Coast Railway to provide a buffer from the train tracks for office, retail, and residential uses; and WHEREAS, the proposed amendments to the MROC District are consistent with the “Key Recommendations” of the Congress Avenue Task Force presented to the City Commission on February 29, 2016; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 16, 2016, and voted _______________ to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. 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 Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(A) "Purpose and Intent" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (A)Purpose and Intent: The MROC District regulations provide for a mix of residential, office, and commercial uses in a master-planned environment, which is controlled through a Master Development Plan. The district encourages stand-alone office buildings and mixed–use development within the corridor with commercial or office uses on the ground floor and office or residential uses above while providing higher density opportunities and emphasizing transit-oriented development patterns. (1)It is desired that the existence of the MROC Zoning District will encourage the development of Class A office buildings, supporting commercial uses and residential units in a master planned environment, which will provide housing (both market rate and workforce), and employment opportunities for the residents of the Greater Delray Beach Community. (2)The MROC District is applied to property which has a Mixed-Use Future Land Use Map designation and is bounded by West Atlantic Avenue on the north, the C-15 Canal to the south, the I-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South, and the Office Depot complexes, located just west of Congress Avenue. The district’s primary objectives are to create high quality jobs and to increase the tax base within the corridor. To that end, the district encourages stand alone Class A office buildings and mixed–use development within the corridor with commercial or office uses on the ground floor and office or residential uses above while utilizing new urbanismdesign elements. Section 3. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(B) "Principal Uses and Structures Permitted"of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: \[No changes to (1) – (6)\] (7) Self-service storage facilities, pursuant to the Development Standards of Subsection (G)(1)(f). \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 2 Ord. ____ - 16 Section 4. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(D) "Supplemental Uses" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (D) Supplemental Uses: The following uses are allowed within the Office and Research and provided that they are of such a scale, design, and location to Development use areas of the MDP development cater to the needs of employees of the office center or research and development park. Space allocations for these uses shall be identified during the Master Development Plan approval. (1) Lunch counters, cafeterias, restaurants, snack bars, and vending machine areas (2)Classroom and training facilities (3)Child Care facilities (4)Sundry shops (5)Exercise facilities Section 5. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(F) "Review and Approval Process" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (F) Review and Approval Process: (1) All Development of parcels greater than three acres with development planned to be completed in a phased manner and/or which require waivers within the MROC District shall be governed by a Master Development Plan (MDP). The MDP shall consist of a narrative; a land use map; conceptual site, landscaping, and utility plans; and conceptual elevations and architectural informationrenderings. An MDP shall be processed pursuant to Section 2.4.5(F) with approval granted by the Planning and Zoning Board. An MDP may be modified pursuant to Section 2.4.5(G). (2) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (3)(2) Any All newsite plan applications for new development must receive approvalmust be granted by the Site Plan Review and Appearance Board (SPRAB) with respect to Sections 2.4.5(F), (G), (H), and (I) and be consistent with the approved Master Development Plan (MDP), as applicable. A site plan modification shall follow procedures outlined in Section 2.4.5(G). (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) Applications for site plan approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) that is of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board and is to be consistent with the adopted Master Development Plan (MDP). \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 3 Ord. ____ - 16 Section 6. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(G) "Development Standards" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (G) Development Standards: The following standards shall be adhered to for any new development within the MROC District. Waivers and internal adjustments to these standards may be approved by the Planning and Zoning Board concurrent and as a part of the approval of an Master Development Plan (MDP), as applicable. When considering an MDP, the Planning and Zoning Board may require conditions to address the specific characteristics of the site and potential impacts of the proposed development. When considering a Master Development Plan (MDP) in any Mixed Residential, Office, and Commercial (MROC) development proposal, the Planning and Zoning Board may attach suitable conditions, safeguards, and stipulations to address the specific characteristics of the site and potential impacts of the proposed development. (1) Standards Pertaining to Allocation of Uses Per Development: (a) Office Center uses canmay encompass up to one hundred percent (100%) of the total building square footage within an MROC floor area of a development. (b) Research and Development usescan may encompass up to one hundred percent (100%) of building area square footage the total floor area of the total MROC development. Furthermore, Such use may be placed within any of the "land use areas" depicted on the MDP. (c)Retail uses shall not encompass more than twenty percent (20%)of the total building area square footage floor area of the MROC development. (d)Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage floor area of the MROC development. Notwithstanding the above, hHotels, motels,and residential all suite lodging canmay comprise 100% of the floor area of an individual building within an MDP containing multiple buildings. (e)Multi-family uses may comprise up to 75% to 100% of a development, as identified under LDR Section 4.4.29(B)(4). (f)Self-service Storage Facility usesshall not encompass more than 50% of the total floor area of the development, unless the Development Bonus requirements are met, pursuant to Subsection (G)(2)(h)(7). Self-service storage facilities may comprise 100% of the floor area of an individual building as part of a mixed-use development containing multiple buildings. (2) Standards Unique to the MROC District: Where standards unique to the MROC District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes LDRs, the standards of this Subsection (2) shall applyprevail. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 4 Ord. ____ - 16 (a) Minimum Site Area: Minimum site area for the total development within the MROC District is to be three (3) two acres. However, tThe approving body may grant a waiver to the three two acre requirement upon a determination that the development is consistent with the purpose and intent of the MROC Districtand attempts have been made to aggregate adjacent parcels. Evidence must be provided that aggregation is not feasible. (b) Minimum Floor Area: 1. Tenant space within research and development use areas must have a minimum of 1,000 square feet per tenant. 2. There are no minimum floor area requirements for office, retail, hotels, motels, and residential all suite lodging and commercialuses. 3. Residential units are subject to the minimum square footage per unit requirements of LDR Section 4.3.4(K) (Development Standards Matrix for Residential Zoning Districts -Subnote #1). 4. Self-service storage facilities are limited in floor area pursuant to Subsection (G)(1)(f). (c)Lot Coverage & Open Space: 1. Lot coverage by building, pavement and hardscape site improvements shall not exceed 75% of the MROC development of the area of any individual lot, excluding any hardscaping within the Civic Open Space provided through the Community Benefit Bonus. 2. Land area, equal to at least 25% of the total MROC district including the perimeter landscaped boundary, shall be in open space. Landscape areas required to meet internal parking lot design requirements, water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. (d)Perimeter Development: A landscape buffer shall be provided around each MROC development. Parking, structures, perimeter roadways, and other paving is not permitted within this buffer except for bicycle paths, sidewalks, jogging trails, and driveways or access streets which provide ingress and egress for traffic and which are generally perpendicular to the buffer. The width of the buffer shall be the smaller distance of either the dimensions below or 10% of the average depth of the property; however, in no case shall the landscape area be a width of less than ten (10) feet: \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 5 Ord. ____ - 16 3015 feet When adjacent to a collector or arterial street Congress Avenue 40 feet When abutting residentially zoned property 25 feet When adjacent to but separated from residentially zoned property by a street, waterway, alley, railway or park 25 feet When commercial and/or office uses abut residential parcels within the MROC master development plan. 25 feet When abutting non residentially zoned property 15 feet All other perimeters 25 feet Adjacent to CSX Railway (e)Minimum Structure Size: Any free-standing non-residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the MROC development. (f) Height: The maximum height of all buildings shall be 85’. The height of a self- service storage facility is limited to no more than two times the height of the lowest height of all other building(s) on the site. Floor heights for all buildings shall comply with the following: (1) Buildings shall be allowed to a maximum height of eighty-five feet (85’) on parcels of three (3) acres or more and a maximum of 48’ for parcels less than three (3) acres. (2) Office, Research, and Commercial Floor Heights shall be a minimum of twelve feet (12’) floor to floor on the first floor and ten (10’) floor to floor on all floors above. Residential uses shall have a minimum nine feet (9’) floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8’ 6”) floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. 1. Office, Research, and Commercial Floor Heights shall be a minimum of 12’ floor to floor on the first floor and 10’ floor to floor on all floors above. 2. Residential usesshall have a minimum floor height of nine feet (9’) floor to floor on all floors. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 6 Ord. ____ - 16 3. Hotel, motel, residential all suite lodging, and self-service storage facilitiesshall have a minimum floor height of eight feet, six inches floor to floor on all floors. 4. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. (g) Setbacks: (1) 1. Congress Avenue Frontage: To the greatest extent possible buildings shall be placed at the minimum setback to a maximum height of 42’. Thereafter, additional sSetbacks for the portion of the building exceeding 42’shall be a minimum of an additional10’. (2) 2. Front Yard: Shall be the minimum identified in LDR Section 4.4.29 (G)(2)(d),Perimeter Development Buffers, to a maximum height of 42’. Thereafter, additional setbacks for the portion of the building exceeding 42’ shall be a minimum of an additional 10’. (3) 3. Side Yard: When adjacent to residential uses, excluding mixed-use development, the side yard setback requirements Sshall be the minimum identified in LDR Section 4.4.29 (G)(2)(d) (Perimeter Development Buffers) to a maximum height of 42’. Thereafter, additional setbacks for the portion of the building exceeding 42’ shall be a minimum of an additional 10’. (4) 4. Rear Yard: Shall be the minimum identified in LDR Section 4.4.29 (G)(2)(d) (Perimeter Development Buffers) to a maximum height of 42’. Thereafter, additional setbacks for the portion of the building exceeding 42’ shall be a minimum of an additional 10’, excluding those properties with rear yards adjacent to the CSX Railway which do not require the additional setback above 42’. (5) 5. Building Separations: Shall be a minimum of 25 feet. For the purpose of this section parking structures are not considered to be buildings. (6) All floors above 42’ shall have the building setbacks or planes of the façade that are offset and varied to provide visual relief. 6. Properties Adjacent to the CSX Railway: The required building setback for properties adjacent to the CSX Railway shall be a minimum of 25’, whether determined to be the front, side interior, side-street, or rear of a property. (h) Self-service storage facilities: The following requirements apply to self-service storage facilities: \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 7 Ord. ____ - 16 1. Location: Self-service storage facilities shall not be located within a radius of 1,000 feet of another existing self-service storage facility, measured from property line to property line. Self-service storage facilities are permitted only on properties east ofCongress Avenue and adjacent to the Railway, as provided below: a.Self-service storage facilities may not be established on the first and second floors of a building located within 200’ of Congress Avenue, as measured in a straight line, perpendicular to the right of way. b.The property containing the self-service storage facility must contain additional commercial and/or residential development between the self- service storage facility and Congress Avenue. 2. Facilities and Requirements: a. Bay Access: Outdoor bay type access to individual self-service storage facilities is prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. b. Parking: Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses. For self-service storage facilities, parking shall be at a rate of one parking space per 100 storage units or portion thereof, including: (a) a minimum of three loading spaces for the self-service storage facility that must be striped and signed to limit the time for loading and unloading to one hour; and in addition (b) three and one-half spaces for each 1,000 square feet of accessory office use associated with the self- service storage facility. Notwithstanding the above, a minimum of fiveparking spaces other than loading spaces shall be provided in connection with the self- service storage facility. 3. Limitation of Additional On-Site Uses: a. Activities not related to the rental or lease of self-service storage units shall not be conducted within the area designated for the self-service storage facility. b. No business or activity other than self-storage shall be conducted from any self-storage unit in the facility. c.Except as otherwise provided in this subsection, there shall be no electrical power provided to, or accessible from any individual self-storage units. This includes the provision of lighting fixtures to the interior of a self- storage unit. The use of portable generators is also prohibited. d.The use or storage of any hazardous materials is prohibited. e.The terms and conditions of this section shall be clearly expressed in all self-storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot by two feet in the leasing office at the facility. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 8 Ord. ____ - 16 4. Hours of Operation: Customers of the self-service storage facility may not access individual self-storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self-service storage facility have 24 hour access to their self-storage unit(s). 5. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and vehicles and truck rental is prohibited. 6. Architecture: All building facades shall have the appearance of an office and/or retail building through the use of doors, windows, awnings, and other appropriate building elements, consistent with the overall development, with multi-story buildings clearly defined. 7. Development Bonuses & Requirements: Self-Service Storage Facilities may exceed the permitted floor area limit in Section (G)(1)(f), by complying with the following: a. Location of an Office Headquarters, which has committed to staying on the site for at least three years,may permit the total square footage of the self-service storage facility to be double the amount of total square footage attributed to the other uses within the development, and; b. Provision of the required Community Benefit Bonuses,defined in Subsection (G)(2)(h)7.c.-g., may permit an additional square footage increase up to 200% of the floor area limit established in Subsection (G)(2)(h)7.a., as follows: \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 9 Ord. ____ - 16 Percentage of Community Benefit Bonuses Bonus Type Floor Area Increase 1 Up to 50% Select any “A” Bonus 2 51% - 100% Select one “A” Bonus and one “A” or “B” Bonus 3 101% - 150% Select two “A” bonuses and one “A” or “B” Bonus 4 151% - 200% Select two “A” bonuses and two “A” or “B” Bonuses “A” Bonus List “B” Bonus List Civic Open Space, in accordance with the design criteria of Subsection Mobility/transit contribution equal to 0.5% of the total project (G)(7)(C) construction costs. Congress Avenue Corridor Beautification contribution equal to 2% of Green Building Certification, minimum Silver level. the total project construction costs 10’ Greenway Easement along property line adjacent to CSX Railway Workforce Housing contribution equal to .75% of the total project with contribution equal to 2% of total project construction costs construction costs Community Benefit Agreement, in accordance with Subsection (G)(7)(i). Ex. Permitted SSSF* Total floor area Permitted Bonus SSSF* Floor Floor Area Total SSSF of development SSSF* Floor area / % of Floor Community Benefit Bonuses Required w/Corporate Floor Area pre-bonus Area Area Increase Headquarter a b c d e a x .5 = b (a x .5) x 2 = c c x % = d c + d = e 2 Bonuses required; one bonus from “A” and 50,000 sf 25,000 sf 50,000 sf 11,750 sf / 47% 86,750 one bonus from “A” or “B”. 4 Bonuses required; two from “A” and 50,000 sf 25,000 sf 50,000 sf 48,500 sf / 194% 123,500 two from “A” or “B” * Self-Service Storage Facilities c. Civic Open Space: Civic open spaces are privately maintained outdoor spaces which are accessible by the general public, improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for occupants of the building which the open space serves.Civic Open spaces shall be provided in accordance with the following: ii.Civic open space shall consist of at least 5% of the total lot area in addition to the minimum required Open Space, and be clearly defined and contiguous. iii.The civic open space shall adjoin a street front property line for no less than 10% of the frontage width. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 10 Ord. ____ - 16 iv.Civic open spaces must be accessible to the public during all daylight hours. v.Civic open spaces must be situated to allow easy ingress and egress by pedestrians, and may not be fenced. vi.Civic open spaces must be located at the sidewalk level; vii.Civic open spaces must be open to the sky; however, open- air garden structures such as gazebos or band shells are permitted within civic open spaces; viii.Landscaping shall be arranged in a manner reflective of the type of civic open space. One shade tree per 20 feet of perimeter of the space is required. Trees may be arranged in regular spacing or in informal clusters, depending on the type of open space. Trees shall be installed to provide shade along walkways and for benches. Substituting shade trees for multiple palm species is not permitted; however, adding palms to the landscape design is permitted. ix.Each civic open space shall provide street furniture elements, specifications subject to approval by the City of Delray Beach Engineering Department, including seating for at least two people per 500 square feet of area, one drinking fountain, 1 bicycle rack with no less than four spaces, 1 trash receptacle, and 1 pet clean up station. x.Civic open space shall be developed and open for use concurrent with the issuance of a certificate of occupancy for the building(s) for which the open space is required. d.Congress Avenue Corridor Beautification Contribution: The Congress Avenue Corridor Beautification Contribution, which is based on the total project construction costs noted on the Building Permit application, shall be provided to the Planning and Zoning Department prior to the issuance of Certificate of Occupancy. Contributions are for the sole purpose of improving the Congress Avenue Corridor. e. Greenway Easement and Contribution: The Greenway Easement and Contribution, which is based on the total project construction costsnoted on the Building Permit application, shall be provided to the Planning and Zoning Departmentprior to the issuance of Certificate of Occupancy. Contributions are for the sole purpose of establishing and improving the CSX Railroad Greenway. f. Delray Beach Mobility/Transit Contribution: The Delray Beach Mobility/Transit Contribution, which is based on the total project construction costs noted on the Building Permit application, shall be provided to the Planning and Zoning Department prior to the issuance of Certificate of \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 11 Ord. ____ - 16 Occupancy. Contributions are for the sole purpose of mobility or transit within the Congress Avenue corridor. g. Workforce Housing Contribution: The Workforce Housing Contribution, which is based on the total project construction costsnoted on the Building Permit application, shallbe provided to the Planning and Zoning Department prior to the issuance of Certificate of Occupancy. Contributions are for the sole purpose of constructing additional Workforce Housing Units within the City. h. Green Building Certification: Green Building Certification (or equivalent) of a Silver level or higher must be obtained upon receiving the final inspection and Certificate of Occupancy by the Building Division. A surety bond in the amount of 5% of the total project construction costswill be submitted to the City, and released upon certification of a Silver level or higher. If this certification is not achieved, the City Commission may determine if the bond, or a percentage thereof, will be retained. i.Community Benefit Agreement: A Community Benefit Agreement (CBA) approved and adopted via Resolution by the City Commission which directly benefits the community such as local hiring initiatives for construction jobs, provision of Living Wages for all new hires, location of Corporate Headquarters, and any other mutually agreed upon benefits. 8. Site Development Relief: Developments which utilize the bonus program in Subsection (G)(7) aboveare not eligible to seek relief for the Development Standards listed in Section 4.3.4(K), or therequirements of this Section. 9. Building Permits: All permits for an approved development which contains a self-service storage facility will not be issued prior to the issuance of permits for other uses on the site, or issued a Certificate of Occupancy until the other uses are completed. Section 7. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 12 Ord. ____ - 16 Section 9. That this Ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ______ day of ____________________________, 2016. Cary D. Glickstein, Mayor ATTEST: City Clerk First Reading Second Reading \[Text formatted with underline is to be added; text formatted with strike-through is to be deleted.\] 13 Ord. ____ - 16 CF CF Circle Ter E R-1-AA RM-7 OSR CF RM R-1-A CF CF CBD CF RR CF MIC CF R-1-AA CF NW 1st St CF CF CF OS CBD CBD RM-6 GC R-1-AA CF CF PRD RO RM MHCF RM A POD POC POD PC CF NW 1st St CF POD NC CD POC GC CF OSR PRD OS OS OS MROC R-1-A OSR RL OS OS OSR OS CF OS CF CF R-1-A OSR 551 S Congress Ave R-1-A OS OSR OSPRD RM R-1-AA CF RL RM OSR OSR R-1-A R-1-A LI OS R-1-A R-1-A RM R-1-A POD NC CF CF RM Reigle Ave 1111 S Congress Ave LI RM I R-1-AAA-B MIC RM CD CF MIC RM OSR OSR R-1-A I RM R-1-AA R-1-AA AC MIC GC RL CF POD POD GC GC GC PC I SAD CF PC PRD OSR CF CF RM-8 RL A CD SAD CF A R-1-AAA CF OSR RR R-1-AAA PRD-5 I A RM Mallard Dr R-1-AA AC OSR CD OS PC MROC OS OSR R-1-AA AC R-1-AA R-1-AA 3185 S Congress Ave F PC Legend: Mixed Residential Office and Commercial (MROC) RM 200'_RadiusMixed Residential Office and Commercial 1 inch = 400 feet 1000' RadiusZoning CF CF Circle Ter E R-1-AA RM-7 OSR CF RM R-1-A CF CF CBD CF RR CF MIC CF R-1-AA CF NW 1st St CF CF CF OS CBD CBD RM-6 GC R-1-AA CF CF PRD RO RM MHCF RM A POD POC POD PC CF NW 1st St CF POD NC CD POC GC CF OSR PRD OS OS OS MROC R-1-A OSR RL OS OS OSR OS CF OS CF CF R-1-A OSR 551 S Congress Ave R-1-A OS OSR OSPRD RM R-1-AA CF RL RM OSR OSR R-1-A R-1-A LI OS R-1-A R-1-A RM R-1-A POD NC CF CF RM Reigle Ave 1111 S Congress Ave LI RM I R-1-AAA-B MIC RM CD CF MIC RM OSR OSR R-1-A I RM R-1-AA R-1-AA AC MIC GC RL CF POD POD GC GC GC PC I SAD CF PC PRD OSR CF CF RM-8 RL A CD SAD CF A R-1-AAA CF OSR RR R-1-AAA PRD-5 I A RM Mallard Dr R-1-AA AC OSR CD OS PC MROC OS OSR R-1-AA AC R-1-AA R-1-AA 3185 S Congress Ave F PC Legend: Mixed Residential Office and Commercial (MROC) RM 200'_RadiusMixed Residential Office and Commercial 1 inch = 400 feet 1000' RadiusZoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-527,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: June 21, 2016 ORDINANCE NO. 16-16: BUSINESS TAX RECEIPTS (SECOND READING). Recommended Action: MotiontoApproveonsecondreadingOrdinanceNo.16-16amendingSection110.15,"Local BusinessTaxSchedule"oftheCodeofOrdinancestoaddnewbusinessclassificationsandto provide for 5% increase in the local business tax schedule. Background: PursuanttoFloridaStatuteChapter205,localbusinesstaxesmaybeincreasedupto5%every otheryear.ThelastincreaseinthelocalbusinesstaxscheduleoccurredinJune2014.This ordinancemodifiesSection110.15byincreasingalllocalbusinesstaxesby5%.Overthenextyear, the increase would give the City approximately $40,000.00 in additional revenue. AsurveywascompletedtocomparethecostmunicipalitiesarechargingforBusinessTaxReceipts. AllCityfeesvariedbasedonthetypeorclassificationofthebusiness.However,theCityofDelray Beach has a flat rate of $172.61 and does not charge an additional fee per square footage. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. Timing of Request: ThetimingoftheOrdinanceiscoordinatedwiththeannualrenewaloftheBusinessTaxReceipts, which are required to be sent out by July 1, 2016 according to Florida State Statute Chapter 205. City of Delray BeachPage 1 of 1Printed on 6/16/2016 powered by Legistar™ ORDINANCE NO. 16-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER110,“LOCALBUSINESSTAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”,TOADDNEWBUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 110.15 “Local Business Tax Schedule”, of the Code of Ordinances of the City of Delray Beach establishes the individual business tax required to be paid annually to the City by persons engaging in or managing/transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes, the City Commissionhas determined it to be appropriate to increase said local business tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 110, “Local Business Taxes Generally”, of the Code of Ordinances is amended by amending Section 110.15, “Local Business Tax Schedule”, to read as follows: The following enumerated individual local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: ClassificationAll Fees $172.61 181.24 except as noted AbstractingCompany Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. Adult Entertainment Advertising Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane27.95 29.35 Ambulance Separate from undertaking, each97.65 102.53 Amusement Parlors or Concert Halls Apartment Per room, excluding kitchen and bathrooms7.02 7.37 Art Gallery (1)Art Studio, workshop, classes (2)Artist, commercial(See Retail) (3)Artist material or supplies (See Merchants) Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium/Fitness Center Auctioneers Auctions Auction, Real Estate Per day Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each machine or apparatus69.69 73.18 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine41.86 43.96 Distributor165.31 173.58 AutomaticWeighing Machines Distributor Each machine14.05 2ORD. NO. 16-16 14.75 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1)Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2)Each additional display lot. (3)Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1)Automatic car wash, not in connection with other business (2)Automobile association (See Insurance) (3)Driving school (4)Parking lots, commercial, each lot (5)Repair shop or garage, in connection with auto agency (6)Repair shop or garage not in connection with other business (7)Self-serve car wash, first unit55.79 58.58 (8)U-Drive rentals (9)Upholstering, tops, seat covers and the like (10)Automobile used parts, dealers in, used for purposes other than junk (11)Wrecker service, towing (12)Auto detailing AutomobileService Station Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance underMerchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service86.49 90.82 Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National and State chartered), Savings and Loan Associations(per Section 5219 Revised Statutes 12 U.S.C. 548) Barber Shops Beach Equipment (Subject to bids to the Commission) Beauty Shops 3ORD. NO. 16-16 Bicycle Shop,both retail and repair Billiard, Pool Tables Eachtable69.69 73.18 Blueprinting Service Boat Agencies, New/Used Each lot, not to include repairs Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Bondsman, Bail Bonds Book, Magazine Solicitors Per week69.69 73.18 Per person27.95 29.35 Bookkeeper/Accountant, not C.P.A. Boot and Shoe Repair Shop Brokers Stockers, \[Stocks,\] bonds, mortgages, customs and others Building Inspector Burglar Alarm Company Bus Station, intrastate business only Business College, Trade Schools Business Office Butcher Shop Call Center Carpet and Rug Cleaning Caterers Fixed base or mobile, each truck69.69 73.18 Ceramic Studio Chemical Companies Christmas Tree Sales Season only, each lot Citrus Fruits and Vegetable Retail(See Merchants) 4ORD. NO. 16-16 Claim and Collecting Agencies Cleaning, Pressing, Dyeing(See Laundries) Clothing Secondhand dealers Computer Service Concrete Products(See Manufacturer) Contractors (1)General (2)Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3)Structural and reinforced iron and steel (4)Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheet metal and tinsmith Septic tank Tile Well drilling Floor sanding and finishing Lathers Plumbers (5)Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home(not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Credit Bureaus 5ORD. NO. 16-16 Dancing Schools Data Processing(See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Delicatessen Dental Technician Laboratory Department Stores(See Merchants) Detective Agency Each location (state certificate) Distributor Dog and Pet Grooming Sale of supplies (See Merchants) Dressmaking, Hemstitching(no stock carried) Drugs, Retail Dealer(See Merchants) Dry Cleaning(See Laundries) Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies(Intrastate only) Exterminators(State certificate) Fish or Poultry Market Fishing Tackle(See Merchants) Florists or Dealers in Flowers, each Fruit, Vegetable Stand Fumigating(See Exterminators) Furniture and House Furnishing(See Merchants) GasCompanies (1)Distributing and selling gas through pipelines (2)Selling bottled gas Gasoline and Oil Distributors Golf Courses, each Golf Driving Range, each Golf Miniature, each Guard, Patrol Service(See Detective Agency) 6ORD. NO. 16-16 Guns,Sales or Repair/Gun Range Need Federal firearms dealers license Home Health Aides Home Health Care Agency Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms7.02 7.37 Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Parlors Ice Cream Wagon or Truck, each 139.37 146.34 Import, Export(See Export) Insurance Adjusters Insurance Agency For each company represented Insurance Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). Jewelry Repair Jewelry Store(See Merchants) Kennels, Animal(Approved location) Key Shop, Locksmith and Associated Services(See Merchants) Landscape Company Laundry or Dry Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying Board of Health certificate 7ORD. NO. 16-16 Loan, Finance, Mortgage Company Mail Order Business Maintenance(Floor, home, office, building) Manicurist, each 83.76 87.95 Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each 83.76 87.95 Merchants, Druggists and Storekeepers Motion Picture Theaters Performances of moving pictures or other forms of entertainment Movers(See Storage) Moving Company Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine Music Teachers Nails, Acrylic Shops(State certificate) Newsstands Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works(See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home(See Convalescent home) Oil(See Gasoline) Outpatient Mental Health Counseling Paint Manufacturer(See Manufacturer) Pawnbrokers Peddlers of Merchandise (1)Not otherwise enumerated specifically herein, shall pay a license tax per day of, each 27.95 person29.35 (2)Peddlers who are not producers of the product they sell and who peddle from house to 27.95 house the products of the farm, grove or waters, shall pay a license tax per day of, each 29.35 8ORD. NO. 16-16 person (3)Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle (4)Peddlers, hawkers, vendors, agents orsolicitors soliciting business for out-of-town business houses or enterprises not maintaining place of business in city, providing however that this provision does not apply to wholesalers dealing exclusively with retailers (5)Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Boarding Pet Daycare Pet Shop or Grooming(See Dog and pet grooming) Pet Training Pharmacies Photographers Physical Therapist Pressure Cleaning Print Shop or Publishing Private PostalMailbox Private Schools(See Schools) Professional (1)The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to pay a professional local business tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists Osteopathic physicians Physicians 9ORD. NO. 16-16 Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2)For each person operating with the person licensed in the preceding clause, other than the professional employees Propane Property Management Promoters Entertainment, sports or contests Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop(See Repair Shops) Recording Studio Rental Equipment(All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) Residential Outpatient Housing Retirement, Rest Home(See Convalescent home) Roof Trusses(Se Manufacturer) Schools Secondhand Dealers (1)In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms and secondhand clothing) (2)All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3)However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer'sor closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. 10ORD. NO. 16-16 Shoemaker and Repairs Shooting Gallery(See Gun Ranges) Sign Painters Commercial but not erecting Solicitor(See Peddlers of Merchandise) Sporting Goods(See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Room Tailors/Seamstress Tanning Salon Tattoo Salon Tax Agency(See Professional) Taxis First vehicle139.61 146.59 Each additional vehicle69.69 73.18 Telemarketing Telephone Solicitation(See Sections 118.40 through 118.45) Temporary Holiday/Vendors83.73 87.92 Termite Control Companies Towing Service(See Automobile) Trade Schools Trailer, Truck Rental Travel Bureaus Tree Pruner(Must have insurance) Trucks Motor-driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to trucks owned by the city, county or state) U-Drive-It Cars(See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply(See Towel, diaper, uniform supply company) Upholsterer Valet Parking Vending Machines(See Automatic trade machines) Yoga/Pilates Watch Repair 11ORD. NO. 16-16 Water(Sold in bottles) (See Bottling works) Weight Clinic Window Cleaning Window Tinting Wrecker Service(See Automobile) 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. PASSED AND ADOPTED in regular session on second and final reading on thisthe _____ day of ___________________, 2016. ______________________________ M A Y O R ATTEST _______________________________ CityClerk First Reading__________________ Second Reading________________ 12ORD. NO. 16-16 City of Delray Beach M E M O R A N D U M TO:Michael Coleman, Director Community Improvement THRU:Janet Meeks, Assistant Director Community Improvement FROM:DaniseCleckley, Code Enforcement Administrator DATE:May 19, 2016 SUBJECTUpdated Business Tax Receipt Survey : A survey was completed May 19, 2016,to compare the cost municipalities are charging for Business Tax Receipt. All city fees listed below vary based on the type or classification of the business. For example, when working with retail business, an additional amount is added to the fee to accommodate the size of the business in square footage. However, the City of Delray Beach has a flat rate of $172.61and does not charge an additional fee per square footage. The lists of businesses below, with their annual fees, are all classified as a business office: City of Boca Raton $105.00(Revenue $1.25 mil) Other one time fees include Application fee: $28.00 Certificate of use: $45.00 Code Inspection fee: $45.00 Fire Inspection fee: $45.00 Code/Fire Re-inspection fee: $50.00 No Increase 2016 City of Boca Raton has not raisedtheir fee in 16years and will not increase this year. (Customer base 12,000) City of Boynton Beach $50.00(commercial certificate of use) (Annual Revenue $1.3mil) $25.00 (residential certificate of use) $35.28 (license fee) Retail$102.63 + $5.41for inventory over $5,000.00 Restaurant$102.53 + $3.58 per seat (Customer base 7,000)Increased as of January 2016 1 City of Coral Springs $126.00(Annual Revenue$1 mil per year) (Customer base 6,000)Increase 5% in 2016 City of Palm Beach Gardens $100.00(Annual Revenue1.3 mil per year) Residential businesses$ 75.00 Retail$ 75.00+ 6.00 per $1,000.00 Restaurants$ 94.00 -$200.00 Salon establishments $470.00 (Customer base 5,400)No increase City of RivieraBeach $120.00 (Annual Revenue$1mil per year) (Customer base 5,000)No increase City of Port St. Lucie $ 47.55 (Annual Revenue 1.4 mil per year) Retail$88.20+ 6.09per $1000.00inventory over $5,000. Restaurants$127.63 for 50 seats orless;$255.25 for>50 seats (Customer base 6,900)No increase however looking to increase 2017 City of West Palm Beach $ 86.81(Annual Revenue not provided) Retail$57.88 + $4.63 additional 1000 $50.00Certificate of use first time $20.00Renewal peryear Wholesale$173.64inventory at cost up to $10,000 $289.40inventory at cost over $10,000 but less than $50,000 (Customer base 15,00 +)No increase Village of Wellington $100.00(Annual Revenue $700,000 per year) Fire Fee (one time)$ 50.00 Code Fee (one time)$ 30.00 Financial Institutions $450.00 Tattoo establishments $1,000.00 Golf Courses $300.00 No increase 2