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07-12-16 Regular Meeting AgendaCity of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-698,Version:1 TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: JULY 12, 2016 DELRAY BEACH DRUMMING CIRCLE City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-631,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH:Donald B. Cooper, City Manager DATE:July 12, 2016 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT AND EASEMENT DEED FOR 606 S.E. 4TH STREET Recommended Action: Motion to approve and accept a Hold Harmless Agreement and Easement Deed to install a driveway and related improvements over the public utility easement for the property located at 606 SE 4th Street (Delray Cottages). Background: The owner requests permission to install a driveway with related improvements in the public utility easement. The driveway shall not be installed any closer than four feet above any City public utilties. 1)Location Map 2)Hold Harmless Agreement with Exhibit A & B 3)Easement Deed with Exhibit A 4)Authorized Signature Verification from PAPA City Attorney Review: Approved as to form and legal sufficiency. Funding Source: N/A City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-653,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services Department THROUGH:Donald B. Cooper, City Manager Ͳ DATE:July 12 2016 AWARD OF AN AGREEMENT TO OVIVO USA, LLC FOR A NOT-TO-EXCEED AMOUNT OF $43,000.00 FOR THE PURCHASE OF REPLACEMENT SPARE PARTS FOR CLARIFIERS Recommended Action: MotiontoApproveandawardtoOvivoUSA,LLCinanot-to-exceedamountof$43,000.00forthe purchaseofsparepartsandequipmentrelatedtowatertreatmentreactorclarifiersfortheWater Treatment Plant. Background: TheWaterTreatmentPlant(WTP)hasfourreactorclarifiersthatareusedinthetreatmentofwater.Ataminimum, threeoftheseunitsneedtobeoperationalfortheproductionofpotablewater.Overthepastyear,theWTPhas experiencednumerousmechanicalincidents,whichrequiredrepairstooneormoreclarifierunit.Ineachincident,parts wererequiredfromthemanufacturetomaketherepairs.Theleadtimefordeliveryofthesespecialtypartscanrange fromfourtotenweeks,whichcanbecriticalinthecompletingrepairsexpeditiouslyandgettingtheunitsbackto operation.Toalleviatedelaysinacquiringpartsrelatedtofuturerepairs,staffrecommendspurchasingthemost commonpartsandequipment,tohaveonhandasspares.Laborrelatedtoanyfuturerepairworkwillbeacquired following the City Purchasing Ordinance. ThepartsandequipmentforthereactorclarifiersunitswereformerlymanufacturedbyEIMCOWaterTechnologies, whichiscurrentlymanufacturedbyOvivoUSA,LLC(Ovivo)inSaltLakeCity,Utah.Ovivoisthesolemanufacturerand exclusivedistributorofEIMCOpartsandequipment.Therefore,EnvironmentalServicesPublicUtilitiesDivision,is requestingapprovaltopurchasesparepartsandequipmentfortheseunitsthroughOvivo.Utilizingoriginalequipment manufactured parts, Ovivo has provided a proposal of $38,100.00 for the initial stocking order. The award is considered sole source as the equipment parts from Ovivo is a direct replacement, maintaining the operating design of each unit and parts from other vendors would require design modifications to facilitate the repairs. The award to Ovivo US, LLC is in accordance with the City’s Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Methods of Acquisition, Sole Source.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 441-5122-536-46.90, (Water and Sewer Fund / Other Repair/ Maintenance Costs). City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ PROPOSAL Q060216BBS 14JUNE2016 ESTI SPECIF MAT ITICATIOEQUI EDPRI ENPME SHIPCE CITYOFDELRAYBEACH MSECTINT DAT ON WATERTREATMENTPLANT E* TH 200SW6STREET DELRAYBEACH,FL33444 ATTN:MR.JOHNBULLARD SPAREPARTSPERPLANTREQUEST Rev. B, 6/14/2016 – added lead times AREAREPRESENTATIVE TSCJacobs AustinMoore (818)8885556 austin@tscjacobs.com PREPAREDBY BillStewartOvivoUSA,LLC 4246RiverboatRoadΑSuite300 Phone(801)9313265 Fax(801)9313080SaltLakeCity,Utah841232583 bill.stewart@ovivowater.com PROPOSAL|Q041216ABS|14June16 | PROJECTSUMMARY: OvivoUSA,LLC(formerlyEIMCOWaterTechnologiesΑEWT)ispleasedtoofferthefollowing proposaltoprovidesparepartsfortheclarifierdrivesattheDelrayBeachWaterTreatmentPlant. 1.Rebuildofexistingturbinegearbox: Factoryrebuildofexistinggearbox(lowersealleakingoil). Transportationto/fromDelrayWTPtofactoryrebuildfacility. Thisunitcanbefittoclarifiers1,2,or3 One(1)yearwarranty Leadtime8to10weeks PricingforonegearboxƩĻĬǒźƌķͶͶͶ͵$2,500.00 2.Newturbinegearboxwithmotor: Newcompleteturbinegearmotorassembly. TransportationtoDelrayWTP. Thisunitcanbefittoclarifiers1,2,3or4 One(1)yearwarranty Leadtime8to10weeks PricingforonenewgearboxwithƒƚƷƚƩͶͶͶ͵$9,300.00 3.Newturbinemotor: Newcompleteturbinemotor. TransportationtoDelrayWTP. Thisunitcanbefittoclarifiers1,2,or3 One(1)yearwarranty Leadtime8to10weeks PricingforonenewturbineƒƚƷƚƩͶͶͶ͵$7,500.00 4.NewVariablefrequencyDrive(VFD): Newcompletewithmountingframe. TransportationtoDelrayWTP. Thisunitcanbefittoclarifiers1,2,or3 One(1)yearwarranty Leadtime4weeks PricingforoneC5ͶͶͶ͵$10,500.00 OvivoUSA,LLC|4246RiverboatRoad,Suite300,SaltLakeCity,Utah84123USAITel:(801)9313000IFax:(801)9313080 ovivowater.com PROPOSAL|Q041216ABS|14June16 | 5.Newrakegearmotor: Newcompleterakegearmotor. TransportationtoDelrayWTP. Thisunitcanbefittoclarifiers1,3,or4 One(1)yearwarranty Leadtime4to6weeks PricingforonenewrakeŭĻğƩƒƚƷƚƩͶͶͶ͵$5,500.00 6.Newrakegearmotor: Newcompleterakegearmotor. TransportationtoDelrayWTP. Thisunitcanbefittoclarifier2 One(1)yearwarranty Leadtime4to6weeks PricingforonenewrakegearmotorͶͶͶ͵$2,800.00 DELIVERY OvivointendstoshipallProductsasindicatedaboveafterreceiptofapprovedpurchase orderandapprovedsubmittaldrawingsfromPurchaser.However,thedateofshipment oftheProductsrepresentOvivo'sbestestimate,butisnotguaranteed,andOvivoshall notbeliableforanydamagesduetolatedelivery.TheProductsshallbedeliveredtothe deliverypointorpointsinaccordancewiththedeliverytermsstatedinthisproposal.If suchdeliveryispreventedorpostponedbyreasonofForceMajeure,asdefinedin hǝźǝƚ͸ƭstandardtermsandconditionsofsale,Ovivoshallbeentitledatitsoptionto tenderdeliverytoPurchaseratthepointorpointsofmanufacture,andindefaultof tǒƩĭŷğƭĻƩ͸ƭacceptanceofdelivery,tocausetheProductstobestoredatsuchapointor pointsofmanufactureatPurchaser'sexpense.Suchtender,ifaccepted,orsuchstorage, shallconstitutedeliveryforallpurposesofthisproposal.Ifshipmentispostponedat requestofPurchaser,orduetodelayinreceiptofshippinginstructions,paymentofthe purchasepriceshallbedueonnoticefromOvivothattheProductsarereadyfor shipment.Handling,moving,storage,insuranceandotherchargesthereafterincurred byOvivowithrespecttotheProductsshallbefortheaccountofPurchaserandshallbe paidbyPurchaserwheninvoiced. OvivoUSA,LLC|4246RiverboatRoad,Suite300,SaltLakeCity,Utah84123USAITel:(801)9313000IFax:(801)9313080 ovivowater.com PROPOSAL|Q041216ABS|14June16 | PRICINGTERMS AllpricesquotedareinUSDollars.Pricesaregoodfor45days.Afterexpirationofthe pricingeffectiveperiod,priceswillbesubjecttoreviewandadjustment.PricesquotedareFOB pointofshipment,withfreightincludedtoanaccessiblepointnearestthejobsite.Federal,state orlocalsales,useorothertaxesarenotincludedinthesalesprice. PAYMENTTERMS Paymenttermsare:Onehundredpercent(100%)paymentduewithinfortyfive(45)days aftertǒƩĭŷğƭĻƩ͸ƭreceiptofinvoice.Invoicewillbesubmittedafterallmaterialshavebeen receivedatthejobsiteortheyhavebeensuccessfullyinstalledbyanOvivocontractorand thefieldservicecheckoutandstartupprocedureisfinalized.Creditissubjectto acceptancebytheOvivoCreditDepartment. PurchasershallremitpaymentforproperinvoicesreceivedfromOvivoinaccordancewith thepaymenttermsstatedaboveevenifthePurchaserhasnotbeenpaidbythe tǒƩĭŷğƭĻƩ͸ƭcustomer(theͻhǞƓĻƩͼΜͲifPurchaserisnottheenduseroftheProducts. Paymentsareduewithinfortyfive(45)daysaftertǒƩĭŷğƭĻƩ͸ƭreceiptofinvoice.Overdue andunpaidinvoicesaresubjecttoaservicechargeof2%permonthuntilpaid. IfPurchaserrequestsorcausescancellation,suspensionordelayofhǝźǝƚ͸ƭwork, PurchasershallaccepttransferoftitleandpayOvivoallappropriatechargesincurredup todateofsucheventplushǝźǝƚ͸ƭoverheadandreasonableprofit.Additionally,all chargesrelatedtoandrisksincidentaltostorage,dispositionand/orresumptionofwork shallbebornesolelybyPurchaser.Fullpaymentforallworkshallbedueandpayable fortyfive(45)daysfromthedateworkisplacedintostorage. TAXES Federal,Stateorlocalsales,useorothertaxesarenotincludedinthesalesprice.Such taxes,ifapplicable,shallbeforPurchaser'saccount. **PURCHASEORDERSUBMISSION** Inanefforttoensureallpurchaseordersareprocessedtimelyandefficiently,please submitallpurchaseorderdocumentationtothefollowingdepartmentandaddress: Attn:OrderEntryAdministrator OvivoUSA,LLC 4246RiverboatRoadSuite300, OvivoUSA,LLC|4246RiverboatRoad,Suite300,SaltLakeCity,Utah84123USAITel:(801)9313000IFax:(801)9313080 ovivowater.com PROPOSAL|Q041216ABS|14June16 | SaltLakeCity,Utah841232583 Fax#:8019313080 Tel.#:8019313265 bill.stewart@ovivowater.com WARRANTYANDCONDITIONS OvivostandardTermsandConditionsofSaleisattachedandmadeanessentialpartof thisproposal.Thesetermsandconditionsareanintegralpartofhǝźǝƚ͸ƭofferof Productsandrelatedservicesandreplaceandsupersedeanytermsandconditionsor warrantyincludedinPurchaserorOwnerrequestsforquotationorspecificationsand cannotbechangedwithoutwrittenapprovalfromanauthorizedrepresentativeof Ovivo. OvivoUSA,LLC|4246RiverboatRoad,Suite300,SaltLakeCity,Utah84123USAITel:(801)9313000IFax:(801)9313080 ovivowater.com PROPOSAL|Q041216ABS|14June16 | 1. ACCEPTANCE. The proposal of OVIVO USA, LLC (“SELLER”), as well as these terms and conditions of applicable to the Products supplied. sale (collectively the “Agreement”), constitutes SELLER’s contractual offer of goods and associated services, and 11. SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use any information processing program supplied by SELLER with the Products. PURCHASER acknowledges that such programs and PURCHASER’s acceptance of this offer is expressly limited to the terms of the Agreement. The scope and terms and conditions of this Agreement represent the entire offer by SELLER and supersede all prior solicitations, the information contained therein is Confidential Information and agrees: a) not to copy or duplicate the program discussions, agreements, understandings and representations between the parties. Any scope or terms and 12. PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted against PURCHASER based upon claims that SELLER’s Product hereunder in and of itself constitutes an infringement of any valid conditions included in PURCHASER’s acceptance/purchase order that are in addition to or different from this Agreement are hereby rejected. apparatus claims of any United States patent issued and existing as of the date of this Agreement, if notified 2. DELIVERY. Any statements relating to the date of shipment of the Products (as defined below) represent promptly in writing and given all information, assistance, and sole authority to defend and settle the same, and SELLER'S best estimate, but is not guaranteed, and SELLER shall not be liable for any damages due to late SELLER shall indemnify the PURCHASER against such claims of infringement. Furthermore, in case the use of delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated the Products is enjoined in such suit or in case SELLER otherwise deems it advisable, SELLER shall, at its own in SELLER’s proposal. If such delivery is prevented or postponed by reason of Force Majeure (as defined below), expense and discretion, (a) procure for the PURCHASER the right to continue using the Products, (b) replace the SELLER shall be entitled at its option to tender delivery to PURCHASER at the point or points of manufacture, same with non-infringing Products, (c) modify the Product so it becomes non-infringing, or (d) remove the and in default of PURCHASER’s acceptance of delivery to cause the Products to be stored at such a point or points Products and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for, and of manufacture at PURCHASER'S expense. Such tender, if accepted, or such storage, shall constitute delivery for PURCHASER shall indemnify SELLER for, any claim of infringement related to (a) the use of the Products for all purposes of this agreement. If shipment is postponed at request of PURCHASER, or due to delay in receipt of any purpose other than that for which it was furnished by SELLER, (b) compliance with equipment designs not shipping instructions, payment of the purchase price shall be due on notice from SELLER that the Products are furnished by SELLER or (c) use of the Products in combination with any other equipment. The foregoing states ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with the sole liability of SELLER for patent infringement with respect to the Products respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when 13. GENERAL INDEMNITY. Subject to the rights, obligations and limitations of liabilities of the parties set invoiced. forth in this Agreement, PURCHASER shall protect and indemnify SELLER, its ultimate parent, its ultimate 3. TITLE AND RISK OF LOSS. SELLER shall retain the fullest right, title, and interest in the Products to the parent’s subsidiaries and each of their respective officers, directors, employees and agents, from and against all extent permitted by applicable law, including a security interest in the Products, until the full purchase price has claims, demands and causes of action asserted by any entity to the extent of PURCHASER’s negligence or willful been paid to SELLER. The giving and accepting of drafts, notes and/or trade acceptances to evidence the payments misconduct in connection with this Agreement. due shall not constitute or be construed as payment so as to pass SELLER’s interests until said drafts, notes and/or 14. DEFAULT,TERMINATION. In the event that PURCHASER becomes insolvent, commits an act of trade acceptances are paid in full. Risk of loss shall pass to PURCHASER at the delivery point. bankruptcy or defaults in the performance of any term or condition of this Agreement, the entire unpaid portion of 4. PAYMENT TERMS. SELLER reserves the right to ship the Products and be paid for such on a pro rata basis, the purchase price shall, without notice or demand, become immediately due and payable. SELLER at its option, as shipped. If payments are not made by the due date, interest at a rate of two percent (2%) per month, calculated without notice or demand, shall be entitled to sue for said balance and for reasonable legal fees, plus out-of-pocket daily, shall apply from the due date for payment. PURCHASER is liable to pay SELLER’S legal fees and all other expenses and interest; and/or to enter any place where the Products are located and to take immediate possession of expenses in respect of enforcing or attempting to enforce any of SELLER’S rights relating to a breach or threatened and remove the Products, with or without legal process; and/or retain all payments made as compensation for the breach of the payment terms by PURCHASER. . use of the Products: and/or resell the Products, without notice or demand, for and on behalf of the PURCHASER, 5. TAXES. Unless otherwise specifically provided in SELLER’s quotation/proposal; PURCHASER shall pay and to apply the net proceeds from such sale (after deduction from the sale price of all expenses of such sale and all and/or reimburse SELLER, in addition to the price, for all sales, use and other taxes, excises and charges which expenses of retaking possession, repairs necessary to put the Products in saleable condition, storage charges, taxes, SELLER may pay or be required to pay to any government directly or indirectly in connection with the production, liens, collection and legal fees and all other expenses in connection therewith) to the balance then due to SELLER sale, transportation, and/or use by SELLER or PURCHASER, of any of the Products or services dealt with herein for the Products and to receive from the PURCHASER the deficiency between such net proceeds of sale and such (whether the same may be regarded as personal or real property). PURCHASER agrees to pay all property and balance. PURCHASER hereby waives all trespass, damage and claims resulting from any such entry, repossession, other taxes which may be levied, assessed or charged against or upon any of the Products on or after the date of removal, retention, repair, alteration and sale. The remedies provided in this paragraph are in addition to and not actual shipment, or placing into storage for PURCHASER'S account. limitations of any other rights of SELLER. 6. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER warrants that new 15. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon giving SELLER equipment and parts manufactured by it and provided to PURCHASER (collectively, “Products”) shall be free from thirty (30) days prior written notice of such fact and paying SELLER for all costs and expenses (including defects in material and workmanship. The warranty period shall be twelve (12) months from startup of the overhead) incurred by it in performing its work and closing out the same plus a reasonable profit thereon. All such equipment not to exceed eighteen (18) months from shipment. If any of SELLER’S Products fail to comply with costs and expenses shall be paid to SELLER within ten (10) days of the termination of the Agreement, or be the foregoing warranty, SELLER shall repair or replace free of charge to PURCHASER, EX WORKS SELLER’S subject to an additional late payment penalty of five percent (5%) of the total amount of costs and expenses owed. FACTORIES or other location that SELLER designates, any Product or parts thereof returned to SELLER, which 16. REMEDIES. The rights and remedies of the PURCHASER in connection with the goods and services provided by SELLER hereunder are exclusive and limited to the rights and remedies expressly stated in this examination shall show to have failed under normal use and service operation by PURCHASER within the Warranty Period; provided, that if it would be impracticable for the Product or part thereof to be returned to Agreement. SELLER, SELLER will send a representative to PURCHASER’s job site to inspect the Product. If it is determined 17. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLER’s facility. SELLER reserves the right to determine the reasonableness of the request and to select an appropriate time for such after inspection that SELLER is liable under this warranty to repair or replace the Product or part thereof, SELLER shall bear the transportation costs of (a) returning the Product to SELLER for inspection or sending its inspection. All costs of inspections not expressly included as an itemized part of the quoted price of the Products representative to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is in this Agreement shall be paid by PURCHASER. determined after inspection that SELLER is not liable under this warranty, PURCHASER shall pay those costs. For 18. WAIVER. Any failure by SELLER to enforce PURCHASER’s strict performance of any provision of this SELLER to be liable with respect to this warranty, PURCHASER must make its claims to SELLER with respect to Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this warranty in writing no later than thirty (30) days after the date PURCHASER discovers the basis for its this Agreement. warranty claim and in no event more than thirty (30) days after the expiration of the Warranty Period. In addition to 19. COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or conditions require anything any other limitation or disclaimer with respect to this warranty, SELLER shall have no liability with respect to any different from, or in addition to, that called for by this Agreement, SELLER will satisfy such requirements at of the following: (i) failure of the Products, or damages to them, due to PURCHASER’s negligence or willful PURCHASER'S written request and expense. misconduct, abuse or improper storage, installation, application or maintenance (as specified in any manuals or 20. FORCE MAJEURE. If SELLER is rendered unable, wholly or in material part, by reason of Force Majeure to written instructions that SELLER provides to the PURCHASER); (ii) any Products that have been altered or carry out any of its obligations hereunder, then on SELLER’s notice in writing to PURCHASER within a repaired in any way without SELLER’S prior written authorization; (iii) The costs of dismantling and reinstallation reasonable time after the occurrence of the cause relied upon, such obligations shall be suspended. “Force Majeure” of the Products; (iv) any Products damaged while in transit or otherwise by accident; (v) decomposition of Products shall include, but not be limited to, acts of God, laws and regulations, strikes, civil disobedience or unrest, by chemical action, erosion or corrosion or wear to Products or due to conditions of temperature, moisture and dirt; lightning, fire, flood, washout, storm, communication lines failure, delays of the PURCHASER or PURCHASER’s or (vi) claims with respect to parts that are consumable and normally replaced during maintenance such as filter subcontractors, breakage or accident to equipment or machinery, wars, police actions, terrorism, embargos, and any media, filter drainage belts and the like, except where such parts are not performing to SELLER’S estimate of other causes that are not reasonably within the control of the SELLER. If the delay is the result of PURCHASER’s normal service life, in which case, SELLER shall only be liable for the pro rata cost of replacement of those parts action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to reimbursement of costs based on SELLER’S estimate of what the remaining service life of those parts should have been; provided, that incurred to maintain its schedule. failure of those parts did not result from any of the matters listed in clauses (i) through (v) above. With regard to 21. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an independent contractor, and third-party parts, equipment, accessories or components not of SELLER’s design, SELLER’S liability shall be that neither SELLER nor its principals, partners, parents, subsidiaries, affiliates, employees or subcontractors are limited solely to the assignment of available third-party warranties. THE PARTIES AGREE THAT ALL servants, agents, partners, joint ventures or employees of PURCHASER in any way whatsoever. 22. SEVERABILITY. Should any portion of this Agreement, be held to be invalid or unenforceable under OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A applicable law then the validity of the remaining portions thereof shall not be affected by such invalidity or PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties unenforceability and shall remain in full force and effect. Furthermore, any invalid or unenforceable provision shall be and obligations of SELLER shall terminate if PURCHASER fails to perform its obligations under this Agreement modified accordingly within the confines of applicable law, giving maximum permissible effect to the parties’ intentions including but not limited to any failure to pay any charges due to SELLER. SELLER’S quoted price for the expressed herein. Products is based upon this warranty. Any increase in warranty obligation may be subject to an increase in price. 23. CHOICE OF LAW, CHOICE OF VENUE. This Agreement shall be governed and construed in accordance 7. CONFIDENTIAL INFORMATION. All nonpublic information and data furnished to PURCHASER with the laws of the State of Utah, without regard to its rules regarding conflicts or choice of law. The parties hereunder, including but not limited to price, size, type and design of the Products is the sole property of SELLER submit to the jurisdiction and venue of the state and federal courts located in Salt Lake City, Utah. and submitted for PURCHASER'S own confidential use solely in connection with this Agreement and is not to be 24. ASSIGNMENT. PURCHASER shall not assign or transfer this Agreement without the prior written consent made known or available to any third party without SELLER’S prior written consent. of the SELLER. Any attempt to make such an assignment or transfer shall be null and void. SELLER shall have the authority to assign, or otherwise transfer, its rights and obligations in connection with this Agreement, in whole 8. PAINTING. The Products shall be painted in accordance with SELLER'S standard practice, and purchased items such as motors, controls, speed reducers, pumps, etc., will be painted in accordance with manufacturers’ or in part, upon prior written notice to PURCHASER. standard practices, unless otherwise agreed in writing. 25. LIMITATION ON LIABILITY.TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL 9. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests approval of drawings HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE before commencement of manufacture, shipment may be delayed if approved drawings are not returned to COST OF CORRECTING ANY DEFECTS, OR IN THE ABSENCE OF ANY DEFECT, IN EXCESS OF SELLER within fourteen (14) days of receipt by PURCHASER of such drawings for approval. SELLER will THE VALUE OF THE PRODUCTS SOLD HEREUNDER. NOTWITHSTANDING ANY LIABILITIES furnish only general arrangement, general assembly, and if required, wiring diagrams, erection drawings, OR RESPONSIBILITIES ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE installation and operation-maintenance manuals for SELLER'S equipment (in English language). SELLER will RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY, WHETHER ARISING UNDER CONTRACT, supply six (6) complete sets of drawings and operating instructions. Additional sets will be paid for by TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF PURCHASER. Electronic files, if requested from SELLER, will be provided in pdf, jpg or tif format only. ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR 10. SET OFF. This Agreement shall be completely independent of all other contracts between the parties and all INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, COST OF PURCHASED OR payments due to SELLER hereunder shall be paid when due and shall not be setoff or applied against any money REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE OR ANY due or claimed to be due from SELLER to PURCHASER on account of any other transaction or claim. OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL except for archival or security purposes; b) not to use the program on any computer other than the computer with LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER which it is supplied; and c) to limit access to the program to those of its employees who are necessary to permit CAUSE WHATSOEVER. authorized use of the program. PURCHASER agrees to execute and be bound by the terms of any software license REVISION DATE – SEPTEMBER 2010 OvivoUSA,LLC|4246RiverboatRoad,Suite300,SaltLakeCity,Utah84123USAITel:(801)9313000IFax:(801)9313080 ovivowater.com PROPOSAL|Q041216ABS|14June16 | NORTHAMERICAN FIELDSERVICERATESHEET EffectiveJanuary1,2013 Standard(Travel)DailyRate(8hourday)$1,200.00 HourlyRate(4hourminimum)$150.00 Standard(Labor)DailyRate(8hourday)$1,200.00 HourlyRate(4hourminimum)$150.00 SaturdayDailyRate(8hourday)$1,800.00 HourlyRate(4hourminimum)$225.00 Sundays/Holidays*DailyRate(8hourday)$2,400.00 HourlyRate(4hourminimum)$300.00 Overtime**HourlyRateStandardDay$225.00 HourlyRateWeekends&Holidays$300.00 *ExceptChristmasDayandNewĻğƩ͸ƭDay **Forallhoursworkedovereight(8)hoursperday UNLESSOTHERWISEARRANGED;EXPENSESARECHARGEDATACTUALCOSTPLUS10% PleaseNote: ΘAlloftheratesprovidedareportaltoportal.Inaddition,travelandlivingexpenseswillbe invoicedatactualcostPLUS10%anddocumentationwillbeprovidedfortheseexpenses͵LŅğ ŅźǣĻķtĻƩ5źĻƒƩğƷĻźƭƩĻƨǒźƩĻķͲźƷǞźƌƌĬĻĭŷğƩŭĻķğƷυЋЎЉ͵ЉЉƦĻƩķğǤΛƌƚķŭźƓŭğƓķƒĻğƌƭΜ ǞźƷŷƷŷĻĻǣĭĻƦƷźƚƓƚŅƷŷĻ9ğƭƷ/ƚğƭƷǞŷĻƩĻƷŷĻƦƩźĭĻǞźƌƌĬĻυЌЉЉ͵ЉЉΜ͵TravelonSaturday, SundayorHolidays,andafter8hoursperdaywillbebilledattheovertimerate. ΘUseof Ovivo Fleetvehiclesfortravelwillbechargedattherateof$0.56permile. OvivoUSA,LLC|4246RiverboatRoad,Suite300,SaltLakeCity,Utah84123USAITel:(801)9313000IFax:(801)9313080 ovivowater.com OvivoUSA,LLC 4246RiverboatRoad,Suite300 Telephone:801.931.3000 SaltLakeCity,Utah Facsimile:801.931.3080 84123 USA www.ovivowater.com To: John M. Bullard Water Treatment Plant Manager 200 SW 6th St. Delray Beach, FL 33444 From: Bill Stewart Date: January 18, 2016 Subject: Ovivo Sole Source Hello John, I hope our meeting last week clarified the difference Ovivo sees in regards to our opinion of the term “sole source”. We believe “sole source” means the exclusive manufacturer or supplier of a product. I did check our exclusive (Ovivo owned) drive component list and found your drive (model C54) is an Ovivo only product. Based on this information, FL Smidth is not allowed to sell this drive model. Ovivo is the only “sole source” for this specific drive. I apologize to you that the City of Delray Beach has been put in the position to try to decide which manufacturer is the real “sole source”. If possible, could you send me a copy of Rebuild-its proposal? If they truly represent FL Smidth regarding this proposal then they are not authorized to sell the C54 model drive. Sincerely, Sales Engineer U.S. Aftermarket Group (801) 931-3265 (Direct) City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-652,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 SPENDING LIMIT INCREASE WITH MULLINGS ENGINEERING SERVICES FOR SOD Recommended Action: Motion to Increase the approved amount for purchases of Celebration sod from Mullings Engineering Services in FY16-17 in an amount not to exceed $60,000. Background: Mullings Engineering Services was awarded ITB No. 2016-053 on March 15, 2016 for the purchase of sod in an amount not to exceed $72,000. This award to Mulling Engineering Services was broken down into line items for specific types of sod. The amount anticipated to be expended in the original award for Celebration sod was $40,000. Parks & Recreation expects the total FY16-17 activity for Celebration sod related purchases to exceed the original request of $40,000. This increase is necessary to replace Celebration sod at Old School Square Park, the Delray Beach Municipal Golf Course, La Hacienda Park, and Hilltopper/Seacrest. The estimate for the Old School Square project is $44,100 (see attached). The estimate for the golf course is $12,500 and the estimate for Hilltopper/Seacrest is $3,300. Purchases are not expected to exceed the original Commission amount of $72,000. The motion is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02 (A)(2), "Methods of Acquisition, Requests for Proposals, Requests for Qualifications and Requests for Letters of Interest". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from multiple accounts in Parks Maintenance & Golf. 001-4131-572-34.90, 119- 4144-572-52.26, 445-4712-572-52.26, 446-4714-572-52.26 Timing of Request: This request is time sensitive, as the replacement of sod at Old School Square needs to be completed before fall. City of Delray BeachPage 1 of 2Printed on 7/8/2016 powered by Legistar™ File #:16-652,Version:1 City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-657,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 PRIOR APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000 WITH ISLAND AIR, L.L.C. Recommended Action: Motion to Approve multiple acquisitions of air conditioning equipment and services, from Island Air, L.L.C. in a total not-to-exceed amount of $50,000 for Fiscal Year 2016. Background: Due to the termination of the contract with Global Green Rejuvenation, LLC dba Air Revive effective on July 6, 2016,for air conditioning repairs and maintenance the City does not have a contracted supplier to provide emergency repairs and parts for facility air conditioning. These services are needed to address service and repairs for air conditioning failures at City facilities. As such the City requires an interim provider of theses goods and services until a new Agreement can be awarded. Island Air, LLC frequently provides the lowest quotes for air conditioning equipment and services and the Environmental Services Department is requesting approval to use Island Air, LLC for multiple purchases during Fiscal Year 2016 in a not-to-exceed amount of $50,000. To date in Fiscal Year 2016, Island Air, LLC. has been awarded orders totaling $22,410.50. By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under code section 36.03(B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from various operating accounts within the Fiscal Year 2016 budget. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-658,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief PUrchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 FISCALYEAR2016SPENDINGLIMITINCREASEWITHA&ASSOCIATES,INC.INANAMOUNT OF $40,000.00 Recommended Action: Motion to Approve a $40,000.00 spending limit increase for Fiscal Year 2016 with A & Associates, Inc. for temporary staffing services. Background: OnJanuary5,2016CityCommissionapprovedanawardforITB2016-025for$16,000toA& Associates,Inc.forFY2016.Itisanticipatedthatspendingfrequencywillincreaseduetothe requirementofseveraltemporaryadministrative,clericalandlaborerstaffbyCitydepartments. Thereforeanapprovaltoincreasethespendinglimitby$40,000.00foranot-to-exceedamountof $56,000.00 for FY 2016 is requested. This request is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Method of Acquisition, Competitive Bids". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from various operating accounts within the Fiscal Year 2016 budget. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ Vendor Solicitation 2016-025 Temporary Staffing Bid Designation: Public City of Delray Beach Bid 2016-025 Temporary Staffing - Bid Start Date Bid End Date Question & Answer End Date -243- 2 years 90 days A. The purpose of this bid is to find a Temporary Staffing Agency to facilitate the Citys needs of temporary staff Bid Comments Assistant, Building Maintenance Worker, General Maintenance Worker, and an Irrigation Maintenance Item Response Form 2016-025--01-01- 1 each City of Delray Beach Environmental Services Qty 1 Description 2016-025--01-02- 1 each City of Delray Beach Environmental Services Qty 1 Description 2016-025--01-03- 1 each City of Delray Beach Environmental Services Qty 1 Description 2016-025--02-01- 1 each City of Delray Beach Finance Qty 1 Description 2016-025--03-01- 1 each City of Delray Beach Administrative Services Qty 1 Description 2016-025--03-02- 1 each City of Delray Beach Administrative Services Qty 1 Description 2016-025--04-01- 1 each City of Delray Beach Human Resources Qty 1 Description CITY OF DELRAY BEACH st 100 NW 1 AVENUE, DELRAY BEACH, FL 33444 Temporary Staffing 2:00:00 PM EST MAYORCARY D. GLICKSTEIN VICE MAYORSHELLY PETROLIA DEPUTY VICE MAYORAL JACQUET COMMISSIONERJORDANA JARJURA COMMISSIONERMITCH KATZ CITY MANAGERDONALD B. COOPER Purchasing Department (561) 243-7161purchasing@mydelraybeach.com CITY OF DELRAY BEACH INVITATION TO BID 2016-025 Title:Temporary Staffing Vendor Name: Nov 10, 2015 / 2:00:00 PM EST Submissions Accepted Via:Electronic, Mail, or in Person Submit Paper Copies to: City of Delray Beach Purchasing Division st 100 NW 1 Avenue City of Delray Beach Time Stamped In: City of Delray Beach Instructions for Bidders BID NOTIFICATION: Bidsyncwww.bidsync.com DemandStarwww.demandstar.com Request via email purchasing@mydelraybeach.com City of Delray Beach Hard copies are available at City Hall notification and information from any source other than those listed. It shall be the bidders responsibility to verify 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 informationportion of the packet at a date after bid opening. Failure to complete supplemental informationrequirements in a timely manner, prior to council award, may be used by the City in determining a vendors responsibility. CORRESPONDENCE: The number of this bid packet must appear on all correspondence, or inquiries, pertaining to this bid. PREPARATION COST: presentation of any bids or materials submitted in response to any solicitation. NOTICE OF PUBLIC DOCUMENTS: 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: issuing authority shall be vested in the City of Delray Beach Purchasing Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the specification orbid form,bidders shall acknowledge receipt of all addenda or they may be declared non-responsive. Any catalog, brand names, or manufacturers reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. PRICING stated in this document. BILLING INSTRUCTIONS AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. TAXES:The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. ERROR-QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. WARRANTY/GUARANTEE LAWS AND REGULATIONS: and warranties provided by law, vendor expressly guarantees and warrants as follows: a.That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. b.That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendors own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. c.That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations. d.That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. 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: packaging costs. The City of Delray Beach assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. Payment terms are net 45 unless otherwise specified by the City in the bid packet. ELECTRONIC BIDS: Electronic bids are to be submitted through a secure mailbox at BidSync responsibility of the Bidder/Proposer to ensure their bid reaches BidSync before the Solicitation closing date and PRESENTATION OF BIDS PAPER SUBMISSION: Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office,100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposers name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked ORIGINAL.Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). ALTERING BIDS PAPER SUBMISSION: Any inter-lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. LATE BIDS PAPER SUBMISSION: Bid packets received in the purchasing division after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Delray Beach is not responsible for the lateness of mail carrier, weather conditions, etc. WITHDRAWAL OF BIDS: period of ninety (90) days following the date designated for the receipt of bids without written approval of the City. BID OPENINGS:s scheduled bid opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Delray Beach purchasing guidelines, and project documents, including but not limited to the bid specifications and Beach purchasing guidelines, and project documents, including but not limited to the bid specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time. MINOR DEFECT: City may also reject any or all bids without cause prior to award. EVALUATION AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the Citys judgment will best serve the Citys interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non-conforming, non- Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest be resolved in favor of the correct sum. SPLIT AWARD: contract administration costs for multiple award contracts when determining low bid. DEFINITION: Bid shall mean a bid, proposal, or quotation. City of Delray Beach Standard Terms and Conditions This order is for the purchase of goods (the Goods).The Buyers offer to ACCEPTANCE: 1. the Seller and the Sellers acknowledgement to the Buyer shall constitute Sellers acceptance of such order including all of the terms and conditions herein set out. In the absence of such acknowledgement, commencement of delivery of the Goods and acceptance of such deliveries by Buyer shall constitute a firm contract on the terms and conditions hereof. This order is subject to the following terms and conditions and no others unless there is a signed agreement between the parties providing otherwise. The Seller expressly warrants that the Goods shall be WARRANTY-PRODUCT: 2. merchantable within the meaning of Article 2-314(2) of the Uniform Commercial Code as provided by Florida Law and in effect on the date of this order. In addition to all warranties which may be prescribed by law, the Goods shall conform to specifications, drawing, and description and shall be free from defects in materials and workmanship. Seller also warrants that to the extent the Goods are not manufactured pursuant to detailed designs furnished by Buyer they will be free from defects in design. Such warranties, including warranties prescribed by law shall run to Buyer, its successor, assigns, and customers, and to users of the Goods for a period of one (1) year after delivery unless otherwise stated. INDEMNITY:Seller shall at all times hereafter indemnify, hold harmless and, at the City 3. Attorney's option, defend or pay for an attorney selected by the City Attorney to defend Buyer, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Seller, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature event any lawsuit or other proceeding is brought against Buyer by reason of any such claim, cause of action, or demand, Seller shall, upon written notice from Buyer, resist and defend such lawsuit or proceeding by counsel satisfactory to Buyer or, at Buyer's option, pay for an by the Chief Purchasing Officer and the City Attorney, any sums due Seller under this order may be retained by Buyer until all of Buyers claims for indemnification pursuant to this order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the Buyer. INSURANCE: 4. liability coverage, with minimum limits of $300,000 combined single limits to be effective during period of warranty with such higher limits as Buyer shall reasonably request of Seller. COMPLIANCE WITH LAWS: 5. laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this order. : This order shall be interpreted LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL 6. and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Order, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Order shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BUYER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS ORDER AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth 7. herein was bargained for at arm's-length and is agreed to by the parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this order and that each is, therefore, a material term hereof. Buyer's failure to enforce any provision of waiver of any breach of a provision of this order shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this order. ALLOCATION OF RISK: 8. borne by the Seller at all times until delivery to the control of the Buyer, which shall be the point at which the Buyer actually receives the goods for use and has accepted such. - REPAIRS-NON ACCEPTANCE: 9. working condition, efforts of the Buyer to correct such defect shall not constitute an acceptance where commercially reasonable in extent and cost, so that the Buyer may still reject the goods where the attempt to repair has proved unsuccessful. PLACE OF DELIVERY: 10. address stated on the order. INSPECTION GOODS: 11. delivery or making payment therefore. If rejected, the goods will be returned at Sellers risk, and all handling and transportation expenses, both ways, will be borne by and assumed by Seller. When material has been rejected by Buyer and returned for replacement, it is essential that Seller receive new shipping instructions from Buyer before making the replacement. Inspection and approval for acceptance shall be made by the appropriate user department. The expense of inspection shall be borne by the Buyer except as to goods which are properly rejected as non-conforming. Inspection shall be made within fourteen (14) calendar days of the delivery of goods. NOTICE OF DEFECTS: It is expressly agreed that all claims for alleged damages or 12. defective goods, shortage, or other cause shall be deemed waived unless made in writing and sent by Buyer within twenty (20) calendar days after Buyer learns of the alleged defect, damage, shortage, or other cause giving rise to the claim. However, any defects incapable of discovery shall not be deemed waived by the provisions herein, and this provision shall not be deemed a waiver of any warranties set forth herein or in any modification of this Order. FITNESS FOR PARTICULAR PURPOSE: Buyer makes no warranties except as set forth 13. herein provided that notwithstanding any other provisions to the contrary herein, Buyer may have sought the expertise of Seller with respect to the use of such goods. In that event, Seller hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose, a reliance by Buyer upon the expertise of Seller with respect to the use of the goods, or any other similar such request or reliance shall constitute a modification to the terms of this Order which shall effect a warranty of fitness for a particular purpose. TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal 14. Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. INDEPENDENT CONTRACTOR: 15. Services provided by Seller pursuant to this Order shall be subject to the supervision of to bind Buyer in any respect whatsoever. to bind Buyer in any respect whatsoever. PUBLIC ENTITY CRIME ACT: Seller represents that the acceptance of this order will not 16. violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to Buyer, may not submit a bid on a contract with Buyer for the construction or repair of a public building or public work, may not submit bids on leases of real property to Buyer, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Buyer, and may not transact any business with Buyer in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this order and recovery of all monies paid by Buyer pursuant to this Order, and may result in debarment from Buyer's competitive procurement activities. In addition to the foregoing, Seller further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Seller has been placed on the convicted vendor list. THIRD PARTY BENEFICIARIES: Neither Seller nor Buyer intends to directly or substantially 17. benefit a third party by this Order. Therefore, the parties agree that there are no third party beneficiaries to this Order and that no third party shall be entitled to assert a right or claim against either of them based upon this Order. Neither this Order nor any right or interest herein ASSIGNMENT AND PERFORMANCE: 18. shall be assigned, transferred, or encumbered without the written consent of the other party. Buyer may terminate this Order, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Seller of this Order or any right or interest herein without Buyer's written consent. Seller shall perform its duties, obligations, performance and all interim and final product(s) provided to or on behalf of Buyer shall be comparable to the best local and national standards. In the event a portion of this Order is found by a court of competent SEVERANCE: 19. jurisdiction to be invalid, the remaining provisions shall continue to be effective unless Buyer provision shall be made within seven (7) days of final court action, including all available appeals. No modification, amendment, or alteration in the terms or conditions AMENDMENTS: 20. contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Order and executed by the Buyer and Seller or others delegated authority to or otherwise authorized to execute same on their behalf. PRIOR ORDERS: This document represents the final and complete understanding of the 21. parties and incorporates or supersedes all prior negotiations, correspondence, The parties agree that there is no commitment, agreement, or understanding concerning the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. PAYABLE INTEREST: Payment of Interest. Buyer shall not be liable for interest for any 22. reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Seller waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Order. Rate of Interest. In any instance where the prohibition or limitations of this Section are determined to be invalid or unenforceable, the annual rate of interest payable by Buyer under this Order, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). interest (uncompounded). PUBLIC RECORDS: Seller shall comply with all public records laws in accordance with 23. a.Keep and maintain all records that ordinarily and necessarily would be required by the Buyer. b.Provide the public with access to public records on the same terms and conditions that the Buyer would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c.Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d.Meet all requirements for retaining public records and transfer, at no cost, to the Buyer all records in possession of the Seller at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Buyer in a format that is compatible with the information technology systems of the to the Seller. e.If Seller does not comply with this section, the Buyer shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Seller is aware that the Inspector General of Palm Beach County INSPECTOR GENERAL: 24. has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Seller and its sub licensees and lower tier sub licensees. Seller understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Seller or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the Buyer to be a material breach of this Order. In accordance with the City of Delray Beach Code of Ordinances LOCAL PREFERENCE: 25. Sec. 36.14, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. Other Terms 1.LIMITATIONS ON COMMUNICATIONS --CONE OF SILENCE: Silence prohibits any communications, except written correspondence, regarding this Bid, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commissions staff, any City employee authorized to act on behalf of the City adhere to the Cone of Silence provisions is cause for rejection of a bid. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides \[a\]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.The County Code provides as follows: Cone of silencemeans a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: competitive solicitation; and governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. ordinance as applicable. body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. shall render the transaction voidable. 2.CONFLICT OF INTEREST: A.Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. disclose with their bid the name of any officer, director or agent who is also an employee of who owns, directly or indirectly, any interest in the bidders firm or any of itsbranches. Parties that are not actual 3.BID PROTEST: PROTEST OF AWARD / PROTEST BOND: 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 all Bids, Proposals or Responses is subject to the protest procedure. Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Note: Bond to the City in the amount of five percent (5%) of the Protesters bid, proposal, or response decided, in the protesters favor the entire protest bond is returned. If the protest is not decided in the protester form of a cashiers check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer st 100 NW 1 Ave Delray Beach, FL 33444 4.ANTI-COLLUSION: A.Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B.No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of return of materials or discontinuation of services and the possible removal from the vendor bid list(s). Awarded contractor shall comply with the City of Delray Beach Equal 5.CITY POLICIES: Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. The Bidder shall not discriminate against employees or applicants for 6.NON-DISCRIMINATION: employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this of the subcontractors to be in compliance. 7.DISCRIMINATION:An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. CITY OF DELRAY BEACH 100 NW 1 st AVENUE, DELRAY BEACH, FL 33444 SCOPE OF WORK Bid 2016-025 Temporary Staffing A. PURPOSE : The purpose of this bid is to find a Temporary Staffing Agency to facilitate needs of temporary staff members in the following fields: Accountant, Admin Assistant, Admin Office Coordinator, Human Resource Assistant, Building Maintenance Worker, General Maintenance Worker, and an Irrigation Maintenance Worker. B. METHOD OF ORDERING: A series of Purchase Orders will be issued for this purchase. Invoice(s) for the products shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. C. INFORMATION : Any technical questions in regard to the submission of your bids and/or purchasing@mydelraybeach.com. D. DESCRIPTION: The City is seeking a Temporary Staffing Agency to fill needs of the following jobs: (a) Accountant (b) Admin Assistant (c) Admin Office Coordinator (d) Human Resources Assistant (e) Building Maintenance Worker (f) General Maintenance Worker (g) Irrigation Maintenance Worker ifications. Bid 2016-025 Temporary Staffing 1 Class Title:Accountant Bargaining Unit:General Employees -Non Bargaining Class Code:00803 Salary:$25.07 -$38.85 Hourly JobDescription · Pay for new employees typically start at the minimum of the posted range EEO Statement The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services ·Non-Smoking The City will not consider applicants who have used tobacco products for a period of at least one year prior to application for employment. The definition of "tobacco products" shall include, but is not limited to, cigarettes, cigars, chewing tobacco, pipes and snuff. This position requires professional skill to analyze and report on complex accounting, budgeting and auditing issues. Requires a thorough understanding of accounting principles, basic analytical methods, financial statements and applicable source documents. Involves maintaining detailed journals and ledgers with the ability to prepare financial statements and reports. This position will analyze transactions, post entries and collect and evaluate data. This position will exercise judgment within defined parameters, make recommendations and facilitate decision making. This position reports to the Accounting Manager. Essential Job Duties: The following duties are normal for this position. The omission of specific statements of duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Prepare, examine, and analyze accounting records, financial statements and other financial reports to assess accuracy, completeness and conformance to reporting and procedural standards. Analyze business operations, trends, costs, revenues, financial commitments and obligations. Establish account numbers within given parameters and assign entries to proper accounts. Survey operations to ascertain accounting needs and to recommend, develop and maintain solutions to operational and financial problems. Specific functions that may be assigned: Administration and overview of Purchasing Card Program. Assist with Capital Improvement Plan Prepare work sheets and schedules for external auditors. Prepare grant reports and schedules. Coordinate the grant process with Project Managers from the grant award to grant close-out. Prepare and review fixed asset transactions and schedules. Performs other duties as assigned. Considerable knowledge of: theory, principals, methods and practices of accounting; of laws, ordinances and regulations governing municipal financial matters including accounting and reporting. Ability to: Establish and maintain effective working relations ships with associates. Express technical ideas effectively, both orally and in writing. Assist in the development and implementation of goals, objectives, policies, procedures, work standards and internal controls for the department and assigned program areas. Use logic and reasoning to identify the strengths and weaknesses of alternative solutions. Minimum Qualifications: Minimum Qualifications and Requirements: Graduation from an accredited college or university with a Bachelor's Degree in Accounting ora CPA or CGFO Certification.Three years accounting experience. Experience in governmental accounting is preferred. Ability to analyze and reconcile revenues and expenditures for various Federal, State and Local Grants, CRA projects, Golf Course and Cemetery. Ability to analyze investments and prepare required journal entries and schedules for pension plans. Knowledge of governmental accounting and auditing theory and practices; applications; modern office procedures and practices. Maintains knowledge of IRS laws and regulations regarding 1099 reporting, reviews vendors throughout the year to determine reportable status, responds to IRS notices reporting, and provides direction & assistance to others. Knowledge of organization and function of municipal government; mainframe software applications, electronic spreadsheets and word processing. Prepares written reports and analysis; plan, organize and perform audits. Ability to manage and prioritize routine, specialized and complex assignments and problems utilizing knowledge acquired through prior education, training, and experience. Knowledge of development and implementation of accounting and auditing procedures and systems. Ability to communicate effectively in oral and written form. Ability to adapt to an evolving and continually improving environment. Requires demonstrated ability to utilize personal computer and office software such as MS Word, MS Excel and electronic mail. Uses computer software programs for word processing and/or accounting purposes. The abilities expected of all employees include being able to respond to supervision, guidance and direction of superiors in a positive, receptive manner and in accordance with stated policies, be appropriately groomed and attired so as to present a professional image in accordance with the organization's mission, goals, and policies; report for work promptly and properly prepared at the time and place required by the assignment or orders; notify the appropriate supervisor of intended absences in accordance with stated rules; conform with standards and rules regarding use of accrued time; demonstrate a polite, helpful and courteous manner when engaged in any activity with the public; operate and care for equipment to manufacturer's specifications and/or within the specified parameters; demonstrate an understanding, consideration, and respect of cultural, religious, and gender differences when interacting with the public and colleagues. A comparable combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this position, may be substituted for the minimum qualifications. Supplemental Information: The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services Physical Demands/Work Environment: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle, feel, or operate objects, tools, or controls, and reach with hands and arms. The employee is occasionally required to walk. The employee must occasionally lift and/or move up to 25 lbs. Specific vision abilities required by this job include close vision and the ability to adjust focus. The noise level in the work environment is usually quiet. SELECTION GUIDELINES: Formal application, rating of education and experience; oral interview and reference check; job related tests might be required. The job description does not constitute an employment agreement with the employer, and requirements of the job change. By signing below I am indicating I have read and concur with the above description of my job. Approved: ___________________________ Employee Approved: ___________________________ Supervisor Other Requirements: : : Class Title:Administrative Assistant Bargaining Unit:General Employees -Non Bargaining Class Code:00587 Salary:$15.58 -$24.15 Hourly $1,246.40 -$1,932.00 Biweekly $2,700.53 -$4,186.00 Monthly $32,406.40 -$50,232.00 Annually JobDescription ·EEO Statement The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services ·Non-Smoking The City will not consider applicants who have used tobacco products for a period of at least one year prior to application for employment. The definition of "tobacco products" shall include, but is not limited to, cigarettes, cigars, chewing tobacco, pipes and snuff This work involves complex and responsible clerical support and staff assistance activity. Duties are generally similar to the Staff Assistant II classification except that the scope of responsibility and degree of knowledge required is more complex and advanced. Work is performed under general supervision. Perform related work as required. Essential Job Duties: The following duties are normal for this position. The omission of specific statements of duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. • Perform duties of an Administrative Assistant nature and participate directly in the work of the individual involved. Secure details of specialized information, coordinate office work and provide information regarding services and operation of the unit. • Receive and screen phone calls and take messages and re-route call. Receive and distribute mail for the department. • Perform research and retrieval of records, reports, forms, memoranda, letters, etc. Conduct statistical comparison of information. • Assist in the preparation of and maintenance of office records. • Assist in departmental payroll preparation. • Schedule meeting, conferences, prepare agenda and back up materials for meetings. Take and transcribe notes and minutes of conferences, meetings and functions as required. Receive and screens calls. • Prepare forms and compose letters. Set up and maintain specialized office files. File letters, reports and related information as prescribed. Assemble information for other use, open, prioritize and process mail. • Type using PC based word processing software. Type information or enter data into computer containing technical terminology. Retrieve data for reports as requested. •Attend meetings, monitor programs and systems and perform office management functions as directed. • Assist in budget preparation and monitoring. • Fosters positive employee relations and employee morale on a City-wide basis. Minimum Qualifications: High School graduation or possession of an acceptable equivalency diploma. Two years of related experience involving secretarial/clerical duties including the operation of a PC, Keyboard, mouse or similar data entry equipment. Some administrative experience preferred, or two years satisfactory experience as a Staff Assistant II. Knowledge of Business English, spelling and punctuation, in order to prepare documents and compose letters, etc. Knowledge of office practices and procedures. Knowledge of mathematics. Knowledge of the unit and City's policies and procedures and practices. Ability to work independently and to adhere to established policies and procedures. Ability to establish and maintain effective working relationships with employees and the general public. Ability to take and transcribe dictation and or minutes as required. Ability to operate a PC, Keyboard or Computer. Ability to communicate using speaking, hearing and visual skills. Skill in policy interpretation and application. Must possesssuperb typing skills with speed and accuracy. Physical condition commensurate with demands of the position. Ability to communicate effectively in oral and written form. Ability to adapt to an evolving and continually improving environment. The abilitiesexpected of all employees include being able to respond to supervision, guidance and direction of superiors in a positive, receptive manner and in accordance with stated policies, be appropriately groomed and attired so as to present a professional image in accordance with the organization's mission, goals, and policies; report for work promptly and properly prepared at the time and place required by the assignment or orders; notify the appropriate supervisor of intended absences in accordance with stated rules; conform with standards and rules regarding use of accrued time; demonstrate a polite, helpful and courteous manner when engaged in any activity with the public; operate and care for equipment to manufacturer's specifications and/or within the specified parameters; demonstrate an understanding, consideration, and respect of cultural, religious, and gender differences when interacting with the public and colleagues. A comparable combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this position, may be substituted for the minimum qualifications. Supplemental Information: The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, ageor disability, marital status, family status or sexual orientation in employment or the provision of services The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle, feel, or operate objects, tools, or controls, and reach with both hands and arms. The employee is occasionally required to walk and stand. The employee must occasionally lift and/or move up to 15 lbs. Specific vision abilities required by this job include close vision and the ability to adjust focus. Ability to sit at a desk and view a display screen forextended periods of time. Ability to enter data at prescribed rate of speed. Work inside an office environment SELECTION GUIDELINES: Formal application, rating of education and experience; oral interview and reference check; job related tests might be required. The job description does not constitute an employment agreement with the employer, and requirements of the job change. By signing below I am indicating I have read and concur with the above description of my job. Approved: ___________________________ Employee Approved: ___________________________ Supervisor Class Title:Administrative Office Coordinator Bargaining Unit:General Employees -Non Bargaining Class Code:00806 Salary:$16.75 -$25.96 Hourly $1,340.00 -$2,076.80 Biweekly $2,903.33 -$4,499.73 Monthly $34,840.00 -$53,996.80 Annually JobDescription ·EEO Statement The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services ·Non-Smoking The City will not consider applicants who have used tobacco products for a period of at least one year prior to application for employment. The definition of "tobacco products" shall include, but is not limited to, cigarettes, cigars, chewing tobacco, pipes and snuff This position performs advanced accounting, budgetary functions and internal department controls. Work is performed under general supervision. Essential Job Duties: The following duties are normal for this position. The omission of specific statements of duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. • Coordinate budget preparation for Parks and Recreation department. • Review of revenues and expenditures of operating budgets for various divisions to ensure conformance to budgetary limits. Make entries for authorized budget transfers. • Prepare out of School reimbursement for Children Service Counsel. • Provide assistance and support with RecTrac (fee collection system). • Verify and reconcile daily deposits for the Parks and Recreation department. • Perform intermediate technical entries for authorized budget transfers. • Budget forecast and revisions, modifications for direct and indirect cost for monthly reimbursement of CSC Grant. • Coordinate, verify and record all credit card purchases. First line assistant for any questions. • Review all check requests and invoices paid by department, keep files of purchase orders and ensure prompt payment of invoices. • Develop and coordinate budget preparation, schedules and provide assistance when necessary for completion of annual budget. • Performs periodic audits at revenue based facilities including the Marina. •Examine, verify and reconcile all revenues from all divisions. • Prepare receipts for daily deposits and evaluate internal controls. • Fosters positive employee relations and employee morale on a City-wide basis. Minimum Qualifications: Graduation from an accredited two-year college with an Associate's Degree in Accounting, Economics or Business Administration. Three (3) years or more experience in budgeting and/or moderately complex accounting work. Knowledge of accounting and auditing principles and procedures as they relate to financial reporting. Knowledge of personal computers and software applications (i.e., Excel, Word). Ability to work independently. Ability to organize, coordinate and maintain budget accounting records. Ability to understand and adhere to procedures and policies. Ability to establish and maintain effective work relationships. Skill in the operation of a personal computer and Microsoft software applications. Ability to communicate effectively in oral and written form. Ability to adapt to an evolving and continually improving environment. Requires demonstrated ability to utilize personal computer and office software such as MS Word,MS Excel and electronic mail. The abilities expected of all employees include being able to respond to supervision, guidance and direction of superiors in a positive, receptive manner and in accordance with stated policies, be appropriately groomed and attired so as to present a professional image in accordance with the organization's mission, goals, and policies; report for work promptly and properly prepared at the time and place required by the assignment or orders; notify the appropriate supervisor of intended absences in accordance with stated rules; conform with standards and rules regarding use of accrued time; demonstrate a polite, helpful and courteous manner when engaged in any activity with the public; operate and care for equipment to manufacturer's specifications and/or within the specified parameters; demonstrate an understanding, consideration, and respect of cultural, religious, and gender differences when interacting with the public and colleagues. A comparable combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this position, may be substituted for the minimum qualifications. Supplemental Information: The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle, feel, or operate objects, tools, or controls, and reach with both hands and arms. The employee is occasionally required to walk, kneel, bend, stoop and stand. The employee must occasionally lift and/or move up to 15 lbs. Specific vision abilities required by this job include close vision and the ability to adjust focus. Ability to sit at a desk and view a display screen for extended periods. Work inside in an office environment. SELECTION GUIDELINES: Formal application, rating of education and experience; oral interview and reference check; job related tests might be required. The job description does not constitute an employment agreement with the employer, and requirements of the job change. By signing below I am indicating I have read and concur with the above description of my job. Approved: ___________________________ Employee Approved: ___________________________ Supervisor Other Requirements: Must possess supberb typing skills. Typing test required. Job Descriptions Class Title: Building Maintenance Worker Bargaining Unit: Service Employees International Union Class Code: 00344 Salary: $13.12 - $19.37 Hourly $1,049.60 - $1,549.60 Biweekly $2,274.13 - $3,357.47 Monthly $27,289.60 - $40,289.60 Annually Job Description ·EEO Statement The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services ·Non-Smoking The City will not consider applicants who have used tobacco products for a period of at least one year prior to application for employment. The definition of "tobacco products" shall include, but is not limited to, cigarettes, cigars, chewing tobacco, pipes and snuff. Routine semi-skilled maintenance and manual work in the care and upkeep of City facilities. Work is performed under general supervision. Essential Job Duties: ESSENTIAL JOB FUNCTIONS: Perform helper and semi-skilled tasks in: carpentry, electrical, plumbing, painting, dry wall, concrete, tile and patch, HVAC, roofing and conduct safety inspections and preventive maintenance. Perform custodial functions, general building maintenance and repairs. Move furniture and other objects; assist in normal clean up activities. Open facilities, set up chairs and tables for activities. (These essential job functions are not to be construed as a complete statement of all duties performed. Employees will be required to perform other job related marginal duties as required.) FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS: Knowledge and skill in the use of equipment and tools. Knowledge of the safety aspects of work. Ability to perform manual labor, and building repairs Ability to read and write and follow directions. Minimum Qualifications: High school graduation or possession of an acceptable equivalency diploma. Some semi- skilled experience in the building maintenance field. (A comparable amount of training, education or experience can be substituted for the minimum qualifications.) Supplemental Information: ESSENTIAL PHYSICAL SKILLS: Acceptable eyesight (with or without correction) Heavy (up to 50 pounds) lifting and carrying Walking Standing Kneeling Bending Stooping Driving Pushing Pulling Distinguish Colors ENVIRONMENTAL CONDITIONS: Works inside. Works outside in various weather conditions with: dust, chemicals, paints and electricity. Works with hazardous power tools. Heights up to 100 feet. With moving objects. (Reasonable accommodations will be made for otherwise qualified individuals with a disability.) Other Requirements: Must possess a valid Florida Driver's License. Job Descriptions Class Title: General Maintenance Worker Bargaining Unit: Service Employees International Union Class Code: 00601 Salary: $11.32 - $16.76 Hourly $905.60 - $1,340.80 Biweekly $1,962.13 - $2,905.07 Monthly $23,545.60 - $34,860.80 Annually Job Description Essential Job Duties: ·EEO Statement The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services ·Non-Smoking The City will not consider applicants who have used tobacco products for a period of at least one year prior to application for employment. The definition of "tobacco products" shall include, but is not limited to, cigarettes, cigars, chewing tobacco, pipes and snuff. Routine manual work responsible for the overall cleaning of parks and other building restrooms. Keeps grounds clean of trash and empties trash containers. Performs landscape maintenance, operates vehicles, mowers, and other related equipment. Performs other job related duties as required. Performs general building maintenance and repairs. Performs safety inspections. Operates cleaning machines, buffer, vacuum cleaner, etc. Sets up chairs and tables for activities and assists in normal clean up activities. Sweep, mop and scrub floors; wax and polish floors and furniture. Minimum Qualifications: High school diploma or equivalent. Knowledge of routine manual work in the cleaning and upkeep of facilities. Knowledge of landscaping and turf maintenance. Ability to perform heavy manual labor under adverse weather conditions, follow written and oral instructions and complete daily work sheets and/or keep records. Skill in operation of equipment and tools related to the position. One year experience. Must possess a valid Florid License with a good driving record. Supplemental Information: (1) Monday through Friday, 6:30 a.m. to 3:00 p.m. (1) Tuesday through Sunday 4:30 a.m. to 1:00 p.m. Class Title:Human Resources Assistant Bargaining Unit:General Employees -Non Bargaining Class Code:00802 Salary:$16.75 -$25.96 Hourly JobDescription Pay for new employees typically start at the minimum of the posted range ·EEO Statement The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services. ·Non-Smoking The City will not consider applicants who have used tobacco products for a period of at least one year prior to application for employment. The definition of "tobacco products" shall include, but is not limited to, cigarettes, cigars, chewing tobacco, pipes and snuff. This is specialized clerical and technical work involving public contact responsibilities in the human resources administration area.This position requires a highly organized individual with the ability to work independently and to adhereto established policies and procedures. This position works under general supervision. Ifchosen for an interview, further testingwill be required such as Excel//Word and Outlook. Essential Job Duties: The following duties are normal for this position. The omission of specific statements of duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Communicates City rules and regulations, policies and procedures, and bargaining agreements to employees and applicants. Receives and reviews many varied personnel forms to insure accuracy and completeness. Assists with employee contract negotiations, with regard to research and statistical information. Reviews applications for employment and distributes best qualified applications to appropriate department; assist in the hiring process of new applicants. Creates templates and ID badges for employees. Order and maintain office supply inventory. Receives and processes invoices; and prepares requisitions. Process and reconcile travel and training forms. Assist employees, dependents, and retirees in the completion of various benefits forms. Interprets City’s benefits and assist employees with resolving insurance issues. Performs other clerical work for the department, distributes mail and sets up and maintain various files, rosters, records and reports. Fosters positive employee relations and employee morale on a City-wide basis. Minimum Qualifications: High school graduation or possession of an acceptable equivalency diploma (GED) and Three (3) years experience in responsible clerical work.Knowledge of Personnel Policies, practices, and procedures.Knowledge of clerical practices and office procedures.Ability to deal with the public with tact and courtesy.Ability to work with numbers.Ability to communicate effectively in oral and written form.Ability to adapt to an evolving and continually improving environment.Requires demonstrated ability to utilize personal computer and office software such as MS Word, MS Excel and electronic mail. The abilities expected of all employees include being able to respond to supervision, guidance and direction of superiors in a positive, receptive manner and in accordance with stated policies, be appropriately groomed and attired so as to present a professional image in accordance with the organization’s mission, goals, and policies; report for work promptly and properly prepared at the time and place required by the assignment or orders; notify the appropriate supervisor of intended absences in accordancewith stated rules; conform with standards and rules regarding use of accrued time; demonstrate a polite, helpful and courteous manner when engaged in any activity with the public; operate and care for equipment to manufacturer’s specifications and/or within the specified parameters; demonstrate an understanding, consideration, and respect of cultural, religious, and gender differences when interacting with the public and colleagues. A comparable combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this position, may be substituted for the minimum qualifications. Supplemental Information: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle, feel, or operate objects, tools, or controls, andreach with both hands and arms.The employee is occasionally required to walk and stand.The employee must occasionally lift and/or move up to 15 lbs.Specific vision abilities required by this job include close vision and the ability to adjust focus.This position works in an indoor office environment. Job Descriptions Class Title: Irrigation Maintenance Worker Bargaining Unit: Service Employees International Union Class Code: 00603 Salary: $11.91 - $17.56 Hourly $952.80 - $1,404.80 Biweekly $2,064.40 - $3,043.73 Monthly $24,772.80 - $36,524.80 Annually Job Description ·EEO Statement The City of Delray Beach does not discriminate on the basis of race, color, national origin, sex, religion, age or disability, marital status, family status or sexual orientation in employment or the provision of services ·Non-Smoking The City will not consider applicants who have used tobacco products for a period of at least one year prior to application for employment. The definition of "tobacco products" shall include, but is not limited to, cigarettes, cigars, chewing tobacco, pipes and snuff. Manual work in the maintenance, construction and upkeep of irrigation system. Work is performed under close supervision and may require employee to operate motor vehicles and power driven equipment. Does related work as required. Essential Job Duties: Perform preventative maintenance of sprinkler system. Perform minor repairs of system. Troubleshoot problems and make repairs. Perform installation of new systems or replacement of existing system. Perform truck preventive maintenance functions. Drive truck. (These essential job functions are not to be construed as a complete statement of all duties performed. Employees will be required to perform other job related marginal duties as required.) FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS: Knowledge of basic irrigation repairs and upkeep. Knowledge of clock and pump repairs. Knowledge of landscape requirements. Ability to perform hard manual labor, repair and upkeep of irrigation systems. Ability to read, write and understand written and verbal instructions. Minimum Qualifications: High school graduation or possession of an acceptable equivalency diploma. One year experience in irrigation installation. Must possess a valid Florida Driver's License, (A comparable amount of training, education or experience can be substituted for the minimum qualifications.) LICENSES, CERTIFICATIONS OR REGISTRATIONS: Must possess a valid Florida Driver's License. Supplemental Information: ESSENTIAL PHYSICAL SKILLS: Heavy (up to 50 pounds) lifting and carrying Acceptable eyesight (with or without correction) Acceptable hearing (with or without hearing aid) Walking Standing Kneeling Bending Stooping Driving ENVIRONMENTAL CONDITIONS: Works outside in various weather conditions Chemicals (PVC glue) In standing water Cleaners Slippery and uneven surfaces Heights (up to 10 feet) Near traffic Insects (Reasonable accommodations will be made for otherwise qualified individuals with a disability.) Proposal Submittal Signature Page BysigningthisProposal/Bid,theProposer/Biddercertifiesthatitsatisfiesalllegalrequirementsasan entitytodobusiness withtheCity,includingallConflictofInterestand CodeofEthicsprovisions. FirmName: Street Address: Mailing Address(ifdifferentfromStreetAddress): TelephoneNumber(s): FaxNumber(s): Email Address: Federal EmployerIdentification Number: Firm Name Signature Name and Title Date By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THEEXECUTIONOFTHISCONSTITUTESTHEUNEQUIVOCALOFFEROFPROPOSER TOBEBOUNDBYTHETERMSOFITSPROPOSAL/BID.FAILURETOSIGNTHIS SOLICITATIONWHEREINDICATEDABOVEBYANAUTHORIZEDREPRESENTATIVE SHALLRENDERTHEPROPOSAL/BIDNON-RESPONSIVE.THECITYMAY,HOWEVER,IN ITSSOLEDISCRETION,ACCEPTANYPROPOSAL/BIDTHATINCLUDESANEXECUTED DOCUMENT WHICHUNEQUIVOCALLYBINDS THEPROPOSERTOTHETERMSOF ITS PROPOSAL/BID. Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, , you are hereby notified that a person or affiliate who has been Florida Statutes placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub- Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 \[F.S.\] for Category Two \[$35,000.00\] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title Date Drug-Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug--free workplace preference is applied as follows: IDENTICAL TIE BIDS:- 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 - free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 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. 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. under bid a copy of the statement specified in subsection (1). 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. rehabilitation program if such is available in the employees community, by any employee who is so convicted. -free workplace through implementation of this section. Firm Name Signature Name and Title Date Conflict of Interest Disclosure Form The award of this RFP/Bid is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Proposers/Bidders must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers/Bidders must disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest in the Proposers/Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this RFP/Bid. The term conflict of interestrefers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employees professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Firm Name Signature Name and Title Date Acknowledgment of Addenda Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUMDATEPRINT NAME OF SIGNATURE OF NUMBERRECEIVEDAGENTAGENT Question and Answers for Bid #2016-025- Temporary Staffing Overall Bid Questions ADDENDUM NO.1 2016-025 Temporary Staffing November2, 2015 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the specifications which in accordance with the Bid Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers Is the Product Code in BidSync equal to the Class Code in Attachment A? The Product Code entry is a default field on BidSyncwhich is optional. You may omit o entry in this field. Clarify the Unit Price vs. Total Price in BidSync. The Unit Price should equal the Total Price. Total price shouldbe your billing monthly o cost. Hourly rate shall be based on 120 hours per month. Attachment B shall be your reference when submitting. Would the attachments include resumes for consideration, or not until the bid is awarded? Please do not submit employee resumes at this time. o Is this a one (1) month rolling contract potentially for up to two (2) years? The contract will be for two (2) years. After the two (2) years, the City will have the o option to ask the vendor to renew the contract for two (2) additional one (1) year periods. Who is/are the current vendor/vendors for the Labor Positions & Clerical Support Positions? The City currently solicits to various vendors for temporary staffing needs. o How much did the City of Delray Beach pay the current vendor/vendors in fiscal year 2014? The City did not solicit a bid for temporary staffing in fiscal year 2014. o How may we obtain a copy of the Bid Tabulation showing the amounts Bid by each responder the last time this Solicitation was open for response? All of our records are public information. If you find an applicable bid and would like to o receive the bid tabulation sheet, please email us at purchasing@mydelraybeach.com. On the "Item Response Form" you identify that the "Quantity" for each position will be 1 Month: Is that I month per year? o Your price submittal should reflect how much (per month) that you will charge the City for each position listed.Hourly rate shall be based on 120 hours per month. Are we correct in assuming that the 1 month equates to 173 hours per year? o One (1) month equates to 120 hours. Therefore, one (1) year equates to 1440 hours. Please identify if any of the temporaries utilized by the City of Delray Beach will be required to: Be required to perform Hydro Blasting? o Work on Roofs? o Work on/or erect Scaffolding more than (6' feet) off the ground or work surface? o Perform work covered by the US Longshoreman & Harbor Workers Act? o Perform work covered by the Jones Act? o Perform Heavy Demolition work? o Perform work more than (6) feet above the Ground or Work Surface? o Perform work involving Tunneling? o BID 2016-025Addendum No. 1 Temporary StaffingNovember 2, 2015 Perform Asbestos Abatement? o Perform Mold Removal? o Work With Hot Chemicals? o Perform Tree Trimming? o Perform work involving the Operation of Heavy Equipment/Motorized Equipment? o Perform work on Garbage Trucks? o Be required to Drive Privately Owned Vehicles or City Owned Vehicles on Public o Streets? Temporary employees will not be required to work on any of theabovejob duties. After the Initial Term, what are the conditions for renewal? The terms for a renewal shall be consistent with the original terms. o If the State of Florida increases the State Minimum Wage will the City allow the selected vendor/ vendors to pass the increase thru and keep the same Mark-Up? A vendor shall be allowed an increase of price only if minimum wage increases.The o price increase shall not exceed the minimum wage increase. Is the "Agreement" a document that must be completed and returned as part of the response? This is a sample Agreement. You do not have to include this in your submittal. o We do not use Subcontractors do we need to submit "EXHIBIT B"? N/A. Submittals should not include an executed copy of the sample Agreement. o In "Attachment A" you list a "Salary" for each "Class Title" we assume that the listed "Salary" is the "Salary" currently paid by the City of Delray Beach, is that correct? Yes. The salary listed is what the City pays internal employees in those positions. o Is the lowest "Salary", for each "Class Title; the minimum thatcan be paid by the successful vendor? No. Current rates are for reference only. o On Page 9 under "PAYMENT TERMS" you say that "Payment terms are net 45 unless otherwise specified by the City in the bid Packet".Is this not in conflict with the Florida Prompt Payment Law or is the City of Delray exempt from compliance with the Florida Prompt Payment Law? Florida law allows atime span of 45 days from the invoice date to pay said invoice. o On Page 11 (Standard Terms and Conditions) @ #4 -Insurance it says the following: "Seller shall procure and maintain liability insurance, including contractual liability coverage, with minimum limits of $300,000 combined single limits to be effective during period of warranty with such higher limits as Buyer shall reasonably request of Seller. Seller shall furnish to Buyer upon request a Certificate of Insurance evidencing the foregoing coverage and limits." Is this a requirement of this "Solicitation"? This is standard literature for our bids. Vendors must carry general liability coverage o and workers’ compensation coverage for its employees. There are two groups: General Employees -Non-Bargaining and Service Employees International Union provided in the Job Descriptions, which are applicable to the City of Delray employees, will the contractor have to comply with these two classifications for its employees as well? Job descriptions are for reference of necessary duties and skills only. o Do you have estimates on the usage by the City?I see the one month estimates for each position, but is there a more realistic one?In hours or dollars? The City is unable to provide the vendors with any additional information regarding o usage estimates. Have you had a previous bid in place for these services? The City has previously solicited for quotes for temporary staffing needs; on an as- o needed basis. Are vendors required to bid on all the positions? The City would like to use one agency for all temporary staffing needs. However, if o your agency is detailed to a specific field, you may bid on individual positions. BID 2016-025Addendum No. 1 Temporary StaffingNovember 2, 2015 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-675,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services THROUGH:Donald B. Cooper, City Manager DATE:July 12, 2016 SERVICE AUTHORIZATION #12-11 WITH CALVIN, GIORDANO AND ASSOCIATES, INC. IN THE AMOUNT OF $98,622.77 FOR CONSTRUCTION OVERSIGHT FOR THE NW 12TH AVENUE IMPROVEMENTS AND NW 2ND STREET (MLK DRIVE) PHASE II IMPROVEMENTS PROJECT Recommended Action: Motion to Approve Service Authorization No. 12-11 to Calvin, Giordano & Associates, Inc. in the amount of $98,622.77 to provide construction oversight for the NW 12th Avenue Improvements and NW 2nd Street (MLK Drive) Phase II Improvements Project. Background: This project is located along Northwest 12th Avenue from West Atlantic Avenue to Northwest 2nd Street. The project limits also include the alleyways immediately east of Northwest 12th Avenue from Northwest 13th Avenue to Northwest 1st Street as well as Northwest 1st Street from Northwest 13th Avenue to Northwest 11th Avenue and Martin Luther King, Jr. Drive (NW 2nd Street) from 1-95 Noise Wall east to NW 12th Avenue. The construction contract that was awarded to West Construction, Inc. for this project has now been executed. Construction activities are expected to commence within the next 30 days. The scope of services to be performed by Calvin, Giordano and Associates for this Service Authorization will be to provide oversight and construction administration services during the construction phase of the this project that was awarded to West Construction. Calvin, Giordano & Associates, Inc. was awarded an Agreement for General Consulting Engineering Services through a competitive request for proposals RFQ #2012-06 (City Project #12-057). The award was in compliance with the Code of Ordinances, Chapter 36,Section 36.02(A) (2), "Methods of Acquisition, Sealed Competitive Methods". The Agreement is valid through January 2017. This motion to approve Service Authorization #12-11 is in accordance with the terms and conditions of the Agreement between the City and Calvin, Giordano & Associates Inc. for Consulting Engineering Services. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray BeachPage 1 of 2Printed on 7/8/2016 powered by Legistar™ File #:16-675,Version:1 Funding Source: Funding is available from the following accounts: 334-3162-541.68-57, General Construction Fund I MLK Drive Improvements, $21,697.00 334-3162-541.68-60, General Construction Fund I NW 12 Avenue I Atlantic to MLK, $76,926.00 Timing of Request: This project is ready to begin construction in FY 2015-16. City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ 10-041 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-676,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 PRIOR APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000. WITH SRT SUPPLY INC. Recommended Action: MotiontoApprovemultipleacquisitionsofpolicerelatedequipmentfromSRTSupplyInc.inatotal not-to-exceed amount of $50,000.00 for Fiscal Year 2016. Background: Todateinfiscalyear2016,spendingwithSRTSupplyInc.is$4,929.00Thisvendorfrequently providesthelowestquotesforpolicerelatedequipmentsuchasSWATgasmasks,helmets,and dutyweaponaccessoriessuchasscopesandconversionkits.Therefore,thePoliceDepartmentis requestingapprovaltouseSRTSupplyInc.formultiplepurchasesduringfiscalyear2016inanot-to- exceed amount of $50,000.00 By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $ 25,000.00 This amount of spending requires prior Commission approval under the City Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple acquisitions from vendor exceeding $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 available from... 001-2115-521-52.27 Equipment < $1000 001-2111-521-52.27 Equipment < $1000 001-2115-521-52.19 SWAT Expenditures 001-2111-521-52.20 General Operating Supplies 001-2115-521-52.20 General Operating Supplies Timing of Request: City of Delray BeachPage 1 of 2Printed on 7/8/2016 powered by Legistar™ File #:16-676,Version:1 N/A City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-677,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 PRIOR APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000 WITH TACTICAL PRODUCTS GROUP Recommended Action: MotiontoapprovemultipleacquisitionsofpolicerelatedequipmentfromTacticalProductsGroupina total not-to-exceed amount of $50,000.00 for Fiscal Year 2016. Background: Todateinfiscalyear2016,spendingwithTacticalProductsGroupis$10,167.35.Thisvendor frequentlyprovidesthelowestquotesforpolicerelatedequipmentsuchasweaponparts,tactical glovesandboots,andcarryingcases.Therefore,thePoliceDepartmentisrequestingapprovalto useTacticalProductsGroupformultiplesmallpurchasesduringfiscalyear2016inanot-to-exceed amount of $50,000.00. Byapprovingtherecommendedmotion,theCommissionisrecognizingthatmultiplesmalland unpredictablepurchasedecisionsthatarelikelytooccuroverthecourseoftheyearwilltotalover$ 25,000.00.ThisamountofspendingrequirespriorCommissionapprovalundertheCityCodeof Ordinances,Chapter36,Section36.03(B),"MultipleAcquisitionsfromVendorexceeding$25,000in Any Fiscal Year". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from... 001-2115-521-52.27 Equipment < $1000 001-2111-521-52.27 Equipment < $1000 001-2115-521-52.19 SWAT Expenditures 001-2111-521-52.20 General Operating Supplies 001-2115-521-52.20 General Operating Supplies Timing of Request: City of Delray BeachPage 1 of 2Printed on 7/8/2016 powered by Legistar™ File #:16-677,Version:1 N/A City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-697,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 RESCIND AWARD OF A PURCHASE FOR DATA STORAGE UNITS AND SUPPORT MAINTENANCE TO KATEK SOLUTIONS Recommended Action: Motion to rescind a purchase order to Katek Solutions for data storage unites and one year of support maintenance in the amount of $32,679.46. Background: On June 21, 2016, Commission approved award of ITB 2016-113L to Katek Solutions for the purchase of two Dell PowerVault 10GB data storage units and on-going support maintenance. Upon receipt of the purchase order, Katek Solutions informed the City that it would be unable to provide the required products and services at their bid price. The Purchasing Department contacted Katek to provide information that the firm could be disbarred or suspended if it did not fulfill its obligations to deliver and gave give them opportunity to reconsider. Katek Solution elected to default on the purchase award citing a negative financial impact because the pricing submitted did not include the MD 1200 Expansion, one of the components specified in the bid. This motion is in accordance with City Ordinance 36.07 (A)1, "Terminations". City of Delray BeachPage 1 of 1Printed on 7/11/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-669,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 REPORT OF APPEALABLE LAND USE ITEMS JUNE 20, 2016 THROUGH JUNE 24, 2016 Recommended Action: Motion to Accept the actions and decisions made by the Land Development Boards for the period June 20, 2016 through June 24, 2016. 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.The Dorchester, Inc. 200 North Ocean Boulevard Request:ChangeofexteriorcolorfromwhitetoSeashell(BenjaminMoore),changeof railingdesign,andlike-kindwindowanddoorreplacementwithwhiteframesand consistent tinting throughout. BoardAction:Approvedthecolorchangeona5to0vote(JoseAguilasteppeddownand Andrew Youngross absent). ITEMB.DepotSquareApartments,WestsideofI-95,betweenLakeIdaRoad and West Atlantic Avenue Request:ClassVSitePlan,LandscapePlanandArchitecturalElevationPlan Extension Request. BoardAction:ApprovedtheClassVSitePlan,LandscapePlanandArchitecturalElevationPlan ExtensionRequestforaperiodof18months(expiringonDecember25,2017)on City of Delray BeachPage 1 of 3Printed on 7/8/2016 powered by Legistar™ File #:16-669,Version:1 a 6 to 0 vote (Andrew Youngross absent). ITEM C.Rainbow, 1509-1513 South Congress Avenue Request:ClassISitePlanModificationforarchitecturalelevationchangeswhich include minor renovations to relocate new storefront doors. BoardAction:ApprovedtheClassISitePlanModificationona6to0vote(AndrewYoungross absent). ITEM D.Wellness Resource Center, 2870 Florida Boulevard Request:ClassIISitePlanModification,LandscapePlanandArchitecturalElevation plan for parking lot improvements and building façade changes. BoardAction:ApprovedtheClassIISitePlanModification(withconditions),LandscapePlan and Architectural Elevation Plan on a 6 to 0 vote (Andrew Youngross absent). ITEM E.Del-Aire Country Club, 4645 White Cedar Lane Request:ClassIISitePlanModificationassociatedwiththeremovalandmitigationof several trees and the restoration of the cart paths. BoardAction:ApprovedtheClassIISitePlanModificationona5to1vote(JimKnight dissentingandAndrewYoungrossabsent).TheLandscapePlanwasapproved ona4to2vote(JamesChardandJimKnightdissentingandAndrewYoungross dissenting). st ITEM F.The 301, 301 SE 1 Avenue Request:ClassVSitePlan,LandscapePlanandArchitecturalElevationsforthe demolitionofallexistingbuildingsandconstructionofa4-storymixed-use developmentcontaining45apartmentunits,4,494sq.ft.ofofficespace,aground level parking garage and on-street parking. BoardAction:ApprovedtheClassVSitePlanona6to0vote(AndrewYoungrossabsent)with conditions.TheLandscapePlanandArchitecturalElevationswereapprovedon6 to0vote(withnoconditions).Aparkingreductionfrom84requiredspacesto78 spaces was approved on a 6 to 0 vote (Andrew Youngross absent). Attachments: Location Map The Dorchester, Inc. Depot Square Apartments Rainbow Wellness Resource Center Del-Aire Country Club The 301 City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: City of Delray BeachPage 2 of 3Printed on 7/8/2016 powered by Legistar™ File #:16-669,Version:1 ActionmustbetakenbytheCityCommissionatthenextavailablemeetingfollowingthe Board’s actions. City of Delray BeachPage 3 of 3Printed on 7/8/2016 powered by Legistar™ Planning,Zoning and Building Department BOARD ACTION REPORT –APPEALABLE ITEM Project Name: The Dorchester Project Location: 200North Ocean Boulevard Request: Change of exterior color from white to Seashell, and change of railing design. Board: Site Plan Review and Appearance Board Meeting Date: June 22, 2016 Board Action: Approved 5 to 0 (Jose Aguila stepped down; Andrew Youngross absent) Project Description: Seagate Towers,a multi-family development,is located on the west side of North Ocean Boulevard,north of East AtlanticAvenue. The color change is from white to Seashell.The railing change is to an aluminum horizontal rail from the original decorative filigree style. Board Comments : The Board was supportive of the proposed color. PublicComments: None Associated Actions: All required actions were taken. Next Action : The SPRABaction is final unless appealed by the City Commission. 4" 1'-10" 1'-8" City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-655,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 AWARD OF AGREEMENTS TO BOUND TREE MEDICAL, LLC, HENRY SCHEIN, INC., AND MIDWEST MEDICAL SUPPLY CO., L.L.C. FOR MEDICAL SUPPLIES AND MEDICATIONS Recommended Action: Motion to Award one year Agreements to Bound Tree Medical, LLC in an amount not-to-exceed $200,00.00, to Henry Schein, Inc. in an amount not to exceed $25,000.00, and to Midwest Medical Supply Co., L.L.C. in an amount not to exceed $11,250.00 for the provision of medical supplies and medications, through City of Boynton Beach Cooperative Bid 044-2210-16/JMA. Background: The City of Boynton Beach is the lead agency on a joint cooperative bid with the City of Delray Beach for medical supplies and medications primarily used by the Emergency Medical Services (EMS) division of our Fire Department. The City of Boynton Beach has awarded Bound Tree Medical as their primary supplier, Henry Schein as their secondary supplier, and Midwest Medical Supply as their tertiary supplier. The City of Delray Beach is now requesting approval to award Agreements to these three companies in a likewise manner. If a product is not available from the primary supplier, the City would contact the secondary supplier. If the product is not available from both the primary and secondary suppliers, the City will then contact the Tertiary Supplier to place the order. Current fiscal year to date expenditures with each supplier is listed below. Bound Tree Medical$124,629.73 Henry Schein, Inc.$18,310.00 Midwest Medical Supply Co.$0.00 This motion is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(8), "Direct Acquisition Method, Cooperative Acquisitions". 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 7/8/2016 powered by Legistar™ File #:16-655,Version:1 001-2315-526-52.16 (OPERATING SUPPLIES /EMS SUPPLIES) City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ THE ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS BID No.: 044-2210-16/JMA BID OPENING DATE: MAY 12, 2016 BID OPENING TIME: 2:30 P. M. (LOCAL TIME) nd CITY HALL, 2 FLOOR ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS BID No.: 044-2210-16/JMA TABLE OF CONTENTS Table of Contents .............................................................................................................. 2 Invitation to Bid ................................................................................................................. 3 General Conditions. .......................................................................................................... 5 - 12 Special Conditions ........................................................................................................... 13 - 15 Specifications .................................................................................................................... 16 - 18 .............................................................................................. 20 References. ...................................................................................................................... 21 Price Proposal................................................................................................................... 22 - 42 Addenda Acknowledgement. ............................................................................................. 43 Non Collusion Affidavit ...................................................................................................... 44 Anti-Kickback Affidavit. ...................................................................................................... 45 Confirmation of Minority Owned Business. ........................................................................ 46 Confirmation of Drug-Free Workplace. .............................................................................. 47 Acknowledgement of Palm Beach County Inspector General. ........................................... 48 . ....................................................................................................... 49 SCHEDULE OF PRICING (As an Excel Worksheet) City of Boynton Beach Page 2 Bid No. 044-2210-16/JMA INVITATION TO BID FOR THE ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS BID No.: 044-2210-16/JMA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or MAY 12, 2016, No Later Than 2:30 P.M. (Local Time). before: Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated SCOPE OF BID: The City of Boynton Beach as lead agency in a joint bid with the City of Delray Beach is requesting pricing from Vendors to provide medical supplies and medications Divisions for one year. . ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711- solicitations through electronic download. Respondent(s) who obtain copies of this solicitation potentially risk not receiving certain addendum(s) issued as a result of the solicitation. For hard copies of the bid and attachments please contact Procurement Services at (561) 742-6322. one (1) marked original and three (3) photocopies of the completed Bidders shall submit bid package in a sealed envelope to the address above. The Project Name, Bid Number, and time and date of the Bid Opening shall be clearly marked on the outside of the sealed envelope. Facsimile or electronic responses shall not be accepted. All Bids will be publicly opened. Bid prices will not be read aloud, only the names of the Bidders will be disclosed. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the day set for the opening of Bids. City of Boynton Beach Page 3 Bid No. 044-2210-16/JMA CONE OF SILENCE: Per Palm Beach County Code Section 2-355 after the deadline to respond to this Bid, members of the City Commission are prohibited from communicating directly or indirectly with Bidders regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which may result in a penalty as outlined in Palm Beach County Code Section 2-357. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item or portion(s) of this bid should be directed to Julianne Alibrandi, Buyer (561) 742-6322, email: alibrandij@bbfl.us Office Hours: MONDAY FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH ___________________________ TIM W. HOWARD Director of Financial Services City of Boynton Beach Page 4 Bid No. 044-2210-16/JMA GENERAL CONDITIONS These documents constitute the complete set of General Conditions, Specifications, and Bid Forms. All Bid sheets and attachments must be executed and submitted in a sealed envelope. DO NOT INCLUDE return address, date and time of Bid opening, and Bid number and title. Bids not submitted on the enclosed Bid Form shall be rejected. By submitting a Bid, the Bidders agree to all terms and conditions specified herein. NO EXCEPTIONS WILL BE ALLOWED. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids that do not comply with these requirements may be rejected at the option of the City. As used in this Invitation to Bid, the words bidder, proposer, and contractor may be used interchangeably, and when so used, deemed to mean bidder. 1. TERM: The Contract will be in force for the term of installation and warranty, or stated Contract period. 2. BIDDING DEFINITIONS: Terms used in this Invitation to Bid shall have the meaning assigned to them in the industry involved in the subject matter of the Bid, unless otherwise specified. The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: Invitation to Bid (ITB): when the City is requesting bids from qualified Bidders. Addenda: A written or graphic instrument issued by the City prior to the execution of the Contract which modifies or interprets the Bid documents by additions, deletions, clarifications, or corrections. Alternative Bid (or Alternate): an amount stated in the Bid to be added to or deducted from the amount of the base Bid if the corresponding change in the Work, as described in the Bid documents is accepted. Bid: Price and terms quote received in response to an ITB. Bidder or Offeror: Person or firm submitting a Bid. Contract: A deliberate verbal or written agreement between two (2) or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. Contractor: Successful Bidder who is awarded a Purchase Order and/or Contract to provide goods and services to the City. Responsive Bidder: A person whose Bid conforms in all material aspects to the terms and conditions included in the ITB. Responsible Bidder: A person who has the capability in all respects to perform in full, the contract requirements as stated in the ITB, with the integrity and reliability that will assure good faith performance. Supplier: A manufacturer, fabricator, supplier, distributor, material man or vendor. Sub-contractor: a person or entity who submits a Bid to a Contractor for materials, equipment or labor for a portion of the work. Unit Price: an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the work as described in the Bid documents. 3. EXECUTION OF BID: Bid must contain a manual signature in ink, of an authorized representative, who has the legal ability to bind the Bidder in contractual obligations. Bid must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by Bidder to any part of the Bid document must be initialed in ink. City of Boynton Beach Page 5 Bid No. 044-2210-16/JMA 4. NO BID: If not submitting a bid, respond by returning one copy and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification may be cause for removal of 5. BID SUBMISSION: this Bid. Bids shall be submitted to the Procurement Services Division. All Bids must be accompanied by the Bid Security (if required) and all other required documents. The Bid Opening 100 E. Boynton Beach Boulevard nd 2 Floor (unless otherwise designated) Boynton Beach, Florida 33425 on the date and time specified in the Invitation to Bid. All Bidders and their representatives are invited to attend. The Bid opening may be delayed, if at the sole discretion of the City, it is Bids delivered after the Bid opening specified time has begun, be considered and as such, Bids will be returned unopened. It for opening. Offers by facsimile, telegram, or telephone are not acceptable. A Bid may NOT be altered by the Bidder after opening of the Bids. The Bidder is requested to submit one (1) original and three (3) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the Bidding firm by his/her signature. In the case of corrections, the Bidder must initial any erasures or alterations in ink. All Bids must be submitted in the English language. All prices, terms and conditions quoted in the submitted Bid must be expressed in U.S. Dollars, and will be fixed and firm for acceptance for ninety (90) calendar days from the date of the Bid opening unless otherwise stated by the City. The CITY may, at its sole discretion, release any Bid and return the Bid Security, if applicable prior to that start date. 6. BID FORM (PRICE PROPOSAL): The Bidder shall submit a Bid on the Bid form(s) provided herein, unless otherwise specified. All Bid prices, amounts and descriptive information must be legibly entered. The Bidder must state the price and the time of delivery or completion period for which they propose to deliver the equipment or provide service requested. The estimate of the various quantities of work or goods applicable to unit price items as shown on the Bid Form is/are stated as estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the Contract if it is determined that it best serves the interests of the City. Irregular Bids may be rejected. Irregular Bids are defined as those containing serious omissions, unauthorized alternative Bids, incomplete, or unbalanced Bids. Unbalanced Bids are those unit bid pricing that shows evidence of unbalanced bid pricing. For example: low or nominal prices may be bid for some items and high or enhanced prices may be bid for other work.Unbalanced bids may be deemed to be non-responsive, and may be both mathematically unbalanced and materially unbalanced. In addition, failure to provide all information required to accompany the Bid, Bid Form and Specifications will be considered a serious omission, which may result in the bid being rejected as non-conforming. 7. QUANTITIES: Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete an item from the contract if it is determined that it best serves the interests of the City. 8. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. The City reserves the right to amend this Bid prior to City of Boynton Beach Page 6 Bid No. 044-2210-16/JMA Bid opening. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. All addenda will be -Procurement system www.demandstar.com. Therefore, the Procurement Services Division and immediately secure all addenda before submitting Bids. Each Bidder shall acknowledge receipt of ALL addenda by notation on the Bid and shall adhere to all requirements specified in each addendum prior to submission of the Bid. 9. INTERPRETATIONS: To ensure fair consideration for all Bidders, the City prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions, Bidder shall submit a written request to the Procurement Services Division to be forwarded to the Procurement Services Division representative identified in this Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Inquiries should reference the date by which the Bid is to be received. 10. BID DEPOSIT: (Not Applicable) When required in the Bid document, a Bid deposit or Bid surety bond in the amount specified shall accompany the Bid. Bid deposits shall be in the form of cash, certified check drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Boynton Beach. In lieu of a Bid deposit, a bid surety provided by a firm licensed to do business in the state of Florida shall be provided to the City. Any bid deposits will be returned to the Bidder at the time of contract award. The Bid deposit of the successful Bidder shall be returned upon receipt of acceptable Performance and/or Payment bonds. There shall be no binding contract until such time as the City executes the contract or issues the purchase order as the final award of the contract. The Bid deposit received of other Bidders whom the City believes to have reasonable chance of receive the award may be retained by the City until the earlier of the seventh day after the effective date of the Purchase Order or Contract or ninety-first day after the Bid Opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive or responsive will be returned upon award of the Bid. 11. BONDING: (Not Applicable) When required by the specifications herein, the successful Bidder shall furnish Performance and Payment Bonds, and/or Warranty Bond, as stated on in the Bid documeten (10) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the Bid and any Bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to the 12. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be fixed and firm for a period of ninety (90) calendar days. The same period shall apply when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Payment terms will be considered to be Net 30 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the City location specified. Bidders may offer cash discounts for prompt payment but they will not be considered in determination of award. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218. City of Boynton Beach Page 7 Bid No. 044-2210-16/JMA 13. PUBLIC ENTITY CRIMES STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Bid for a contract to provide any goods or services to a public entity, may not submit a Bid for a contract with a public entity for construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty-six (36) months. 14. NON COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 15. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 16. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit this form with the bid/proposal that will be utilized to determine feasibility participation. 17. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112 of the state of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 18. WITHDRAWAL OF BIDS: Any Bidder may withdraw their Bid prior to the indicated Bid Opening time and date. The request for withdrawal must be submitted in writing to the Procurement Services Division. However, if within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the City and promptly thereafter provides detailed information to substantiate to the City that there was a material and substantial mistake in the preparation of its Bid, Bidder may withdraw its Bid, and the Bid Security, if applicable will be returned. The Bidder must present certification to assure that the Bidder is an authorized Bid is presented. A City representative shall verify this information prior to return of the Bid and Bid Security. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Bid Documents. 19. RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all Bids, part of Bids, and to waive minor irregularities or variations to specifications contained in Bids, and minor irregularities in the Bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible Bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose Bid is considered to best serve the the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference, the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing financial resources; the availability, quality and ad the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the Bid. City of Boynton Beach Page 8 Bid No. 044-2210-16/JMA If the ITB provides for a contract trial period, the City reserves the right, in the event the selected Bidder does not perform satisfactorily, to award a trial period to the next low Bidder, if that Bidder has successfully provided services to the City in the past. This procedure to continue until a Bidder is selected or the contract is re-bid at the sole option of the City. 20. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the Bidder to any relief from the conditions imposed in the Contract. In the event of extension error(s), the unit price will prevail d accordingly. 21. DELIVERY: All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the Bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the Bid. 22. BACKGROUND INVESTIGATION: As a part of the Bid evaluation process, the City may employees, constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in 23. ELIGIBILITY: Bids will be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to conduct a site visit of the actio Bids where evidence or evaluation is determined to indicate inability to perform. The City may request documentation providing evidence acceptable to the City demonstrating the obligations set forth in the Bid documents. Bidder must submit requested documentation within five (5est. 24. EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically n whereby said sheet shall printed documents shall not be construed as an exception to the Contract documents. 25. TAXES: The City of Boynton Beach is exempt from all Federal, state, and local taxes. An exemption certificate will be provided where applicable upon request. 26. BUDGETARY CONSTRAINTS: In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a temporary or permanent reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The successful Bidder shall also be provided with a minimum thirty (30) day notice prior to any such reduction in budget. 27. TESTING: When appropriate, items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination in accordance with Florida Statutes, Chapter 119. 28. SAMPLES AND DEMONSTRATIONS: When requested, samples are to be furnished free of charge to the City. If a sample is requested, it must be delivered within ten (10) days of the ponsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. City of Boynton Beach Page 9 Bid No. 044-2210-16/JMA 29. INSPECTION: The City shall have the right to inspect any and all materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful Bidder. 30. CONDITIONS OF MATERIALS: All materials and products supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 31. COPYRIGHTS OR PATENT RIGHTS: The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this Bid. The supplier agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 32. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970 as amended, and shall be in compliance with the Florida Statutes, Chapter 442, as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all OSHA and state safety regulations and requirements. 33. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the Bid shall be cause for cancellation of the Bid award, notwithstanding any additional requirements enumerated in the Special Conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of non-performance. 34. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. However, certain exemptions to the public records law are statutorily provided for in Florida Statutes 119.07. If the Bidder believes any of the information contained within their response is totally exempt from the Public Records Law, then the Bidder must identify in their proposal, the determination of whether an exemption applies shall be final, and the Bidder agrees to defend, ds as public records. 35. SUBCONTRACTING: If a Bidder subcontracts any portion of the resultant contract for any reason, the Bidder must state the name and address of the subcontractor, the name of the person(s) to be contacted, type of work to be performed, dollar amount and percentage of contract amount to be shared on the - form located herein. The City reserves the right to reject any subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contracts in a similar nature. 36. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, state, and local laws, ordinances, rules and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve the Bidder of responsibility to adhere to such regulations. City of Boynton Beach Page 10 Bid No. 044-2210-16/JMA In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on the proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alternations, including any price adjustments occasioned thereby, or to cancel the Contact or no expense to the City. 37. OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this ITB, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. 38. INDEMNIFICATION: The Bidder shall indemnify and hold harmless the City of Boynton Beach, its elected and appointed officials and employees from any and all claims, suits, actions, or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Boynton Beach or its elected or appointed officials and employees. The City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of the successful bidder under the indemnification agreement. 39. FUNDING OUT: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 40. RECORDS/AUDITS: The successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be cessful Bidder agrees to make available to -Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 41. PALM BEACH COUNTY INSPECTOR GENERAL: The 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 any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. City of Boynton Beach Page 11 Bid No. 044-2210-16/JMA 42. PUBLIC RECORDS: The City of Boynton Beach is a public agency subject to Chapter 119, ds Law. Specifically the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the All records stored electronically by records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 43. RENEWAL: The City Commission may renew the contract, at the same terms, conditions, and prices, for two (2) one-year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Bid prices are to be firm for a period of one year from date of bid award. City of Boynton Beach Page 12 Bid No. 044-2210-16/JMA SPECIAL CONDITIONS 1. PURPOSE: The City of Boynton Beach is hereby seeking bids for a qualified Bidder, herein referred to as the Vendor, to furnish medical supplies and medications for the Fire Departments and Ocean Rescue Personnel for the Cities of Boynton Beach and Delray Beach. 2. INFORMATION OR CLARIFICATION: For information concerning procedures for responding to this solicitation, contact Julianne Alibrandi, Buyer, (561) 742-6322 or email to alibrandij@bbfl.us In addition, for clarification and questions concerning the specifications, please submit questions via email provided by 1:00 P.M., April 29, 2016, to allow time for answers that may be formulated as a subsequent addendum. 3. TRANSACTION FEES: The City of Boynton Beach utilizes to distribute Onvia DemandStar solicitations and subsequent information. There is a minimal charge of $5.00 associated with the electronic download of bids. 4. PRICING/DELIVERY: Bidder will quote a firm, fixed cost to include delivery FOB to the delivery locations as follow: th City of Boynton Beach Warehouse , 222 N.E. 9 Avenue, Boynton Beach, Florida, 33435 Attn: Michael Dauta, Warehouse Manager City of Delray Fire Headquarters: 501 W. Atlantic Avenue, Delray Beach, Florida 33444, Attn: Chief David Wetzel City of Delray Beach Ocean Rescue , 340 S Ocean Blvd., Delray Beach, Florida 33483 Attn: Phil Wotton, Ocean Rescue Division Chief Delivery is to be within thirty (30) calendar days after order(s) are placed. Bid sheets must clearly indicate items that are available only by special order. 5. BID DOCUMENT: The Contractor shall examine this Bid that includes carefully. Ignorance of the requirements will not relieve the Contractor from liability and obligation under the Contract. 6. AWARD: Award will be made to the most responsive and responsible bidder, quoting the lowest price, for that goods and services identified, that will best serve the needs of the City of Boynton Beach. The City reserves the right to award to the Bidder(s) who will best serve the interest of the City. The City intends to award this bid in its entirety to a Primary Vendor, a Secondary Vendor and to a Third Place Vendor. If the product is not available from the Primary Vendor, the Cities will then order from the Secondary Vendor; if the product is not available from both the Primary and Secondary Vendors, the Cities will then contact the Third Place Vendor. The City also reserves the right to waive minor variations in the specifications and in the bidding process. The City further reserves the right to accept or reject any and/or all Bids and to award or not award a contract based on this Bid solicitation. 7. BIDDERS The City shall not be liable for any costs incurred by Bidders in response to this solicitation. 8. RULES AND SUBMITTAL OF BIDS: The signer of the Bid must declare that the only person(s) company or parties interested in the proposal as principals are named therein; that the Bid is made without collusion with any other person(s), company or parties submitting a Bid; that it is in City of Boynton Beach Page 13 Bid No. 044-2210-16/JMA all respects fair and in good faith, without collusion or fraud; and that the signer of the Bid has full authority to bind the principal Bidder. 9. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach Attn: Finance Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33319 All invoices submitted shall consist of an original and one (1) copy as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re-submit a corrected invoice to the City for processing. 10. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. All Bids will be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to review and/or rejection. The provision is not meant to prohibit submission of alternate Bids in separate sealed envelopes. 11. ADJUSTMENTS/CHANGES/DEVIATIONS: No adjustments, changes or deviations shall be accepted on any item. 12. PERFORMANCE/PAYMENT BOND: No performance/payment bond required for this project. 13. SPECIFICATIONS: The apparent silence of the Specifications as to any detail shall be regarded as meaning that only the best commercial practice will prevail and that only material and workmanship of the finest quality are to be used in the proposed products. All interpretations of the Specifications shall be made on the basis of this Statement. For the purposes of evaluation, the Bidder must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. 14. TERMINATION DEFAULT: In addition to all other remedies available to the City, the contract (purchase order) awarded pursuant to this bid shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of ten (10) days after receipt by Contractor of written notice of such neglect or failure. 15. PRODUCT LITERATURE: Bidder shall submit with the Bid, product literature based on the Model submitted for the stated Manufacturer or Make or offered. Should City of Boynton Beach Page 14 Bid No. 044-2210-16/JMA the literature be omitted from the Bid proposal, Bidder shall submit within three (3) calendar days when requested by the City. Literature should be clearly marked as to each item number. Failure on the part of the Bidder to submit the requested literature will result in their Bid being declared non-responsive. 16. Items may be tested for compliance with specifications. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 17. COST ADJUSTMENTS: The costs for all products purchased under this bid shall remain firm for the one year bid award period. Costs for subsequent years and any extension term are subject to an adjustment pending industry performance. Such increases/decreases shall not exceed 5% per year or the latest yearly percentage increase in the Producer Price Index Industry Data (Medical Equipment and Supplies Mfg.; Pharmaceutical and medicine mfg.), as published by the Bureau of Labor Statistics, U.S. Department of Labor, whichever is less. The yearly increase or decrease in the PPI shall be that latest index published and available prior to the end of the contract year in effect compared to the index for the same month one year prior. Any requested price increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the PPI or industry costs decline, the City shall have the right to receive from the vendor a reasonable reduction in costs that reflect such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented; increases are considered to be excessive; or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract may be cancelled by the City upon giving thirty (30) days written notice to the vendor. City of Boynton Beach Page 15 Bid No. 044-2210-16/JMA INVITATION TO BID THE ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS SPECIFICATIONS A. PURPOSE: The City of Boynton Beach is hereby seeking bids for a qualified Bidder, herein Vendor medical supplies and medications for the Fire Departments EMS and Ocean Rescue Personnel for the Cities of Boynton Beach and Delray Beach. B. NOTICE OF AWARD: It is and shall be understood and agreed that Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded Bidder by the City through its authorized agent and purchase order shall be issued to the Bidder covering same. Contract shall be awarded on the basis of the lowest total bid to the responsible Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. C. CONTRACT TERM: Term of contract shall be one (1) year from JULY 3, 2016 to JULY 2, 2017. D. RENEWAL: The City Commission may renew the contract, at the same terms, conditions, and prices, for subject to vendor acceptance, satisfactory performance two (2) one-yearextensions and determination that renewal will be in the best interest of the City. Bid prices are to be firm for a period of one year from July 3, 2016. E. MARKET CONDITIONS: The City reserves the right to purchase on the open market should lower market prices prevail, at which time the seller shall have the option of meeting the lower price or relieve the City of any obligation previously understood. F.. PERFORMANCE: It is the intention of the City of Boynton Beach and Delray Beach to contract as specified herein with one or more sources that will give prompt and convenient response to the cause for terminating any resulting Contract immediately upon notice by the City. G. ESTIMATED QUANTITIES: given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs and estimated usage for the twelve (12) month period. H ADDITION / DELETION OF ITEMS: The City of Boynton Beach reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the best interest of the City. I. BID AWARD: The City intends to award this bid in its entirety to a Primary Vendor, a Secondary Vendor and to a Third Place Vendor. If the product is not available from the Primary Vendor, the Cities will then order from the Secondary Vendor; if the product is not available from both the Primary and Secondary Vendors, the Cities will then contact the Third Place Vendor. City of Boynton Beach Page 16 Bid No. 044-2210-16/JMA Your unit cost and unit shipping size MUST reflect the same measure as those specified in AT- Schedule of Pricing (Bid Form). J. SUBSTITUTION CLAUSE: Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If the bidder(s) wish to make a substitute to the specifications, the bidder(s) shall furnish to the City the name of the manufacturer, the model number and other identifying data and information necessary to aid the City in evaluating the substitution and such substitution shall be subject to City approval. consideration of products of other manufacturers meeting the requirements for the items and whose specifications are equal by industry standards. The City reserves the right, however, to ve been found by usage and experience to be the most durable, suitable and acceptable for operational conditions to the City. K. DELIVERY: The City may, by written notice to the successful bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. City shall be sole judge of non-performance. ALL PRICING SHALL BE BASED INSIDE DELIVERY. DELIVERY COSTS SHALL BE INCLUDED IN YOUR UNIT PRICE BID. DELIVERY LOCATIONS ARE AS FOLLOWS: th City of Boynton Beach Warehouse, 222 N.E. 9 Avenue, Boynton Beach, Florida, 33435 Attn: Michael Dauta, Warehouse Manager City of Delray Fire Headquarters: 501 W. Atlantic Avenue, Delray Beach, Florida 33444, Attn: Chief David Wetzel City of Delray Beach Ocean Rescue, 340 S Ocean Blvd., Delray Beach, Florida 33483 Attn: Phil Wotton, Ocean Rescue Division Chief NOTE: Delivery to be within thirty (30) calendar days after order(s) are placed. Bid sheets must clearly indicate item(s) that are only available by special order. L. PRODUCT SPECIFICATIONS: Vendors are being invited to bid a discount (percentage) off list price for any items not listed in each group on Schedule of Pricing (Bid Form) list. Discounts that offer will be FIRM for the term of the Contract. M. SECURE ORDERS: able to supply items within time frame specified, when phoned in. Upon securing the order, vendor(s) guarantees to deliver the supplies to the City of Delray Beach Fire Headquarters, City of Delray Beach Ocean Beach Ocean Rescue and/or City of Boynton Beach Warehouse. The Cities of Boynton Beach and Delray Beach reserve the right to bid separately on any large quantity of an item that may be needed at a later date during this contract period. N. ORDERING PROCEDURES: Individual purchases will be covered by the purchase orders issued per the bid award, as item(s) are required or blanket (open) purchase orders will be issued. Payment shall be made on per order (delivery) or monthly statement basis (for actual deliveries made). City of Boynton Beach Page 17 Bid No. 044-2210-16/JMA O. GROUPS OF ITEMS TO BE REQUIRED: Group 1 - Airway Management Equipment and Supplies Group 2 - Intravenous Supplies Group 3 - Medications Group 4 - Diagnostic and Instruments Group 5 - Splints and Immobilization Supplies and Equipment Group 6 - Bandages and Dressing Tape Group 7 - Infection Control Equipment and Supplies Group 8 - Items Required by the City of Boynton Beach P. TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation, without prior written consent of the City. Q. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor will any Contract be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a defaulter as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City. R. BID QUOTATION SUBMITTALS: All Bids must be submitted on the attached "Bid Form", - Schedule of Pricing. T. VENDOR SERVICE REPRESENTATIVE: The Bidder must submit with his/her bid proposal the name, address, phone number and email address of the person(s) to be contacted. This will become a part of the bid proposal and shall be understood and agreed. City of Boynton Beach Page 18 Bid No. 044-2210-16/JMA THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY RESPONSE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE City of Boynton Beach Page 19 Bid No. 044-2210-16/JMA BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS Bid Title: Bid Number: 044-2210-16/JMA MAY 12, 2016, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bid Received By: Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and MAY 12, 2016, no later than 2:30 P.M. (local time) time is scheduled for:and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 20 Bid No. 044-2210-16/JMA REFERENCES BID NO.: 044-2210-16/JMA *Please complete this page or attach your reference page to this sheet. Agency/Company Address City, State, Zip Contact Person Telephone E-mail Address Type of Service Comments: Agency/Company Address City, State, Zip Contact Person Telephone E-mail Address Type of Service Comments: Agency/Company Address City, State, Zip Contact Person Telephone E-mail Address Type of Service Comments: THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 21 Bid No. 044-2210-16/JMA ESTIMATED BRAND / CATALOG No.UNIT COSTTOTAL ITEM #DESCRIPTIONQUANTITY GROUP 1 - AIRWAY MANAGEMENT EQUIPMENT AND SUPPLIES Berman Oral Airways (1-8) 1Oral Airway 110 mm29 boxes$ - $ - ColorBerman Airway; Rusch 121806, Box of 50 2Oral Airway 100 mm 29boxes$ - $ - #1148, Box of 50 3Oral Airway 90 mm29boxes$ - $ - #1149, Box of 50 4Oral Airway 80 mm28boxes$ - $ - #1150, Box of 50 5Oral Airway 70 mm27boxes$ - $ - #121870, Box of 50 6Oral Airway 60 mm27boxes$ - $ - #1151, Box of 50 7Oral Airway 50 mm27boxes$ - $ - #121850, Box of 50 8Oral Airway 40 mm27boxes$ - $ - #1152, Box of 50 Rusch Latex-Free Robertazzi Nasal Airways (9-17) or Approved Equal 9Nasal Airway 20 Fr28boxes$ - $ - #123120, Box of 10 10Nasal Airway 22 Fr28boxes$ - $ - #123122, Box of 10 11Nasal Airway 24 Fr28boxes$ - $ - #123124, Box of 10 12Nasal Airway 26 Fr28boxes$ - $ - #123126, Box of 10 13Nasal Airway 28 Fr29boxes$ - $ - #123128, Box of 10 14Nasal Airway 30 Fr29boxes$ - $ - #123130, Box of 10 15Nasal Airway 32 Fr19boxes$ - $ - #123132, Box of 10 16Nasal Airway 34 Fr29boxes$ - $ - #123134, Box of 10 17Nasal Airway 36 Fr29boxes$ - $ - #123136, Box of 10 Rusch E.T. Tubes with Pre-packaged Stylette-Latex Free (18-30) 18Uncuffed E.T. Tube 2.5 mm2boxes$ - $ - #506525, Box of 10 19Uncuffed E.T. Tube 3.0 mm2boxes$ - $ - #506530, Box of 10 20Uncuffed E.T. Tube 3.5 mm2boxes$ - $ - #506535, Box of 10 21Uncuffed E.T. Tube 4.0 mm2boxes$ - $ - #506540, Box of 10 22Uncuffed E.T. Tube 4.5 mm2boxes$ - $ - #506545, Box of 10 THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 22 Bid No. 044-2210-16/JMA 23Uncuffed E.T. Tube 5.0 mm2boxes$ - $ - #506550, Box of 10 24Uncuffed E.T. Tube 5.5 mm2boxes$ - $ - #506555, Box of 10 25Cuffed E.T. Tube 6.0 mm54boxes$ - $ - #506560, Box of 10 26Cuffed E.T. Tube 6.5 mm54boxes$ - $ - #506565, Box of 10 27Cuffed E.T. Tube 7.0 mm56boxes$ - $ - #506570, Box of 10 28Cuffed E.T. Tube 7.5 mm56boxes$ - $ - #506575, Box of 10 29Cuffed E.T. Tube 8.0 mm57boxes$ - $ - #506580, Box of 10 30Cuffed E.T. Tube 9.0 mm53boxes$ - $ - #506590, Box of 10 Argyle Salem Sump Tubes 31NasoGastric Tube 8 Fr 1case$ - $ - Case of 50 32NasoGastric Tube 10 Fr 1case$ - $ - Case of 50 33NasoGastric Tube 12 Fr 1case$ - $ - Case of 50 34NasoGastric Tube 14 Fr 1case$ - $ - Case of 50 35NasoGastric Tube 16 Fr 1case$ - $ - Case of 50 36NasoGastric Tube 18 Fr 1case$ - $ - Case of 50 37E.T. Tube Holder Pediatric5cases$ - $ - Thomas E.T. Tube Holder Case of 100 LAERDAL 11cases 38E.T. Tube Holder Pediatric$ - $ - Thomas E.T. Tube Holder Case of 100 LAERDAL 25each 39Cook Pneumo Kit Complete$ - $ - Emergency Pneumothorax Set #Cook911 - COOK NO SUBSTITUTES 4boxes 40EID Syringe Model$ - $ - Esophageal Intubation Detector #EID100, box of 20 WOLF TROY MEDICAL NO SUBSTITUTES 9boxes 41Lubricating jelly Packets$ - $ - Airway Lubricants #00128, Box of 144 Johnson & Johnson/PDI or approved equal THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 23 Bid No. 044-2210-16/JMA SunMed Disposable Fiber Optic Laryngoscope Blades- No Substitude (42-48) 50each 42Macintosh Child Size 2$ - $ - #5-5332-02 110each 43Macintosh Child Size 3$ - $ - #5-5332-03 110each 44Macintosh Child Size 4$ - $ - #5-5332-04 50each 45Miller Premature Size 0$ - $ - #5-5333-00 50each 46Miller Infant Size 1$ - $ - #5-5333-01 50each 47Miller Child Size 2$ - $ - #5-5333-02 130each 48Miller Adult Size 3$ - $ - #5-5333-03 20each 49Sun Med Greenline $ - $ - Fiber Optic Handle, Penlite (Chrome-Plated Brass) 20 each 50Sun Med Greenline $ - $ - Fiber Optic Handle, Medium (Chrome-Plated Brass) 40cases 51$ - $ - #50122, Case of 20 (Dynarex or approved equal) Rusch Soft Tip Suction Catheters (52-58) 4cases 52Suction Catheter 6 Fr$ - $ - #40106, Case of 50 4cases 53Suction Catheter 8 Fr$ - $ - #40108, Case of 50 4cases 54Suction Catheter 10 Fr$ - $ - #40110, Case of 50 4cases 55Suction Catheter 12 Fr$ - $ - #40112, Case of 50 4cases 56Suction Catheter 14 Fr$ - $ - #40114, Case of 50 4cases 57Suction Catheter 16 Fr$ - $ - #40116, Case of 50 4cases 58Suction Catheter 18 Fr$ - $ - #40118, Case of 50 4cases 59Catheter & Sleeve 18Fr$ - $ - #T162C, Case of 50 (Pharmaseal or approved equal) 50each 60O2 Tree-Plastic Replacement$ - $ - #2555, price per each (Precision Medical or approved equal) 24each 61Aspirator, Meconium$ - $ - #0101, price per each (Neotech or approved equal) THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 24 Bid No. 044-2210-16/JMA 2cases 62Cushion Disposable Mask$ - $ - Pediatric Mask #158200, Case of 30 (Rusch or approved equal) 5cases 63Cushion Disposable Mask$ - $ - Adult Mask #158600, Case of 30 (Rusch or approved equal) 2cases 64Bulb Syringe 2 oz.$ - $ - #70275, Case of 50 (Medline or approved equal) 20cases 65Single Patient $ - $ - Vent Circuit #6220, Case of 12 Rusch Disposable Manual Resuscitator - No Substitute (66-68) 66Adult BVM 250each$ - $ - w/Bag Reservoir, Mask & Tubing 157100300 67Pediatric BVM 200each$ - $ - w/Bag Reservoir, Mask & Tubing 157300100 68Infant BVM 150each$ - $ - w/Bag Reservoir, Mask & Tubing 157400100 69CPR Microshield12cases$ - $ - Tamper Evident Pouch #70-155, Case of 50 70Nasal Cannulas Pediatric3cases$ - $ - w/tubing , Case of 50 Hudson #1101 71Medium Concentration Mask3cases$ - $ - Pediatric w/tubing, Case of 50 Hudson #1035 72Medium Concentration Mask1case$ - $ - Infant w/tubing, Case of 50 Life Support Products #6218 or approved equal 73Non-Breathing Mask w/safety vent56cases$ - $ - Adult w/tubing, Case of 50 Hudson #1059 74Aerosol Mask - Adult Mask Only3cases$ - $ - #64083, Case of 50 Life Support Products or approved equal 75Micromist Nebulizer308cases$ - $ - Complete Hand Held Kit Hudson #1883, Case of 50 76Disposable Suction Canister6cases$ - $ - For Impact #305C, Case of 50 IMPACT-NO SUBSTITUTE 77Nasal Cannulas Adult102cases$ - $ - w/tubing , Case of 50 Hudson #1104 THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 25 Bid No. 044-2210-16/JMA 20each 78King Airway Kit$ - $ - LT-D, size 2 20each 79King Airway Kit$ - $ - LT-D, size 3 20each 80King Airway Kit$ - $ - LT-D, size 4 20each 81King Airway Kit$ - $ - LT-D, size 5 10cases 82O2 RESQ BITRAC ED MASK$ - $ - w/3 set valve (5.0/7.5/10.0 cm) & Flow Generator, Adult Mask 10 per case $ - GROUP 1 GRAND TOTAL (Items 1 - 82) PERCENTAGE DISCOUNT OFF LIST PRICE FOR ITEMS SIMILAR TO, BUT NOT LISTED IN THIS GROUP: _______________% GROUP 2 - INTRAVENOUS SUPPLIES: Protective IV- Plus Safety I.V. Catheter (83 - 88) 50boxes 83$ - $ - #3068, Box of 50 50boxes 84$ - $ - 45 80boxes 85$ - $ - #3065, Box of 50 70boxes 86$ - $ - #3066, Box of 50 44boxes 87$ - $ - #3060, Box of 50 40boxes 88$ - $ - #3063, Box of 50 10boxes 89Veni-Gards Adults$ - $ - #7054431, Box of 200 - Conmed NO SUBSTITUTES 50cases 90Select-3 I.V. System + NIS + LAS$ - $ - #B-32-102 case of 48 - Biomedix NO SUBSTITUTES 50cases 91I.V. Start Kit Latex Free - Motion Medical $ - $ - Distributing - NO SUBSTITUTES 20boxes 92Medic-Plastic Anti-Stick$ - $ - #NF9285, Box of 500 (B.Braun) 400each 93Extension Set w/Ultrasite Injection Site,$ - $ - and SafeLine injection Site on T-Port #470060 (B.Braun- No Substitutes) 10cases 940.9% Sodium Chloride Inj.,USP$ - $ - 50 mL, 96 per case NDC 0338-0049-41 THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 26 Bid No. 044-2210-16/JMA 280 cases 950.9% Sodium Chloride Inj.,USP$ - $ - 500 mL, 24 per case NDC 0338-0049-03 40cases 960.9% Sodium Chloride Inj.,USP$ - $ - 1000 mL, 12 per case NDC 46163-300-10 20cases 975% Dextrose Inj., USP$ - $ - 250 mL, 36 per case NDC 54868-0296-2 20each 9810% Dextrose Inj., USP 250 mL, $ - $ - NDC 0338-0023-02 10cases 99Disposable Padded Board$ - $ - #95021, Case of 100 10cases 100Disposable Padded Board$ - $ - #95022, Case of 100 34boxes 101Webcol I.V. prep Pads$ - $ - Medium, #6818 Box of 200 (Kendall or approved equal) 10pkgs 102Tourniquets Latex-Free$ - $ - #45018, Package of 25 Vanishpoint Syringes-No Substitude (104-105) 40boxes 103$ - $ - #10161, Box of 100 40boxes 104$ - $ - #10361, Box of 100 40boxes 105$ - $ - # 11061, Box of 100 20boxes 106Luer Lock Syringe w/needle$ - $ - 100 per box (B-D 309626 or approved equal) 1box 107$ - $ - Excel Winged Infusion Set #26704, Box of 50 1box 108$ - $ - Excel Winged Infusion Set #367283, Box of 50 1box 109$ - $ - Excel Winged Infusion Set #26708, Box of 50 1000each 1100.9% Sodium Chloride Inj., USP $ - $ - 10cc, Prefilled-Luer Lock Syringe w/rubber stopper 5boxes 111Standard Terumo$ - $ - 10cc Syringe Luer Lock without needle SS-10L, Box of 100 1case 11230-35cc Luer Lock$ - $ - Syringe Only #26290, Box of 50, Case of 5 boxes THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 27 Bid No. 044-2210-16/JMA 3pkgs 11350 cc Syringe c Eccentric Tip,$ - $ - 25 per pack # 26301 (Excel or approved equal) 100each 114Filter Straw 5 Micron$ - $ - #26265, Box of 100 (B.Braun or approved equal) GROUP 2 GRAND TOTAL $ - (Items 83-114) PERCENTAGE DISCOUNT OFF LIST PRICE FOR ITEMS SIMILAR TO, BUT NOT LISTED IN THIS GROUP: _______________% GROUP 3 - MEDICATIONS: 90each 115Adenosine Inj., USP$ - $ - 6 mg/2mL vial NDC 55390-067-10 90each 116Adenosine Inj., USP$ - $ - 12 mg/4mL vial NDC 55390-068-01 500each 117Albuterol Sulfate Inhalation Solution$ - $ - 0.083%, 2.5mg/3 mL vial Individually wrapped NDC 0487-9501-01 9 (no substitutes) 300each 118Amiodarone HCI Inj., USP$ - $ - 150 mg/3mL, vial NDC 67457-153-03 60boxes 119Ammonia Inhalants$ - $ - 0.3 mL, Box of 10 NDC 46414-3333-2 70bottles 120Aspirin Chewable$ - $ - 81 mg, 36 Tablet Bottle NDC 57896-911-36 40each 121Atropine Inj., USP $ - $ - 400 mcg/mL, 20mLvial NDC 0641-2210-43 300each 122Atropine Inj., USP$ - $ - 1 mg, 10 mL w/Luer Lock NDC 0548-3339-00 100each 123Calcium Chloride Inj., USP $ - $ - 10%, 100mg/mL, w/Luer Lock NDC 0548-3304-00 30each 124Calcium Guconate Inj., USP $ - $ - 10%, 1g/10mL vial NDC 0517-3910-25 200each 125Diphenhydramine $ - $ - 50 mg, 1 mL vial NDC 63323-0664-01 30each 126Dextrose Inj., USP$ - 2.5 gm., 10mL w/Luer Lock NDC 0548-3315-00 THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 28 Bid No. 044-2210-16/JMA 400each 127Dextrose Inj., USP$ - $ - 25 gm., 50 mL w/Luer Lock NDC 0548-3301-00 20boxes 128Diltiazem HCI Inj., USP $ - $ - 25 mg/5 mL, 10vial/box NDC 0703-1553-03 100each 129Dopamine HCI Inj., USP$ - $ - 400 mg/10 mL NDC 0409-9104-20 100each 130Epinephrine Inj., USP$ - $ - 1:1000, 1mg/mL Ampule NDC 0409-7241-01 600each 131Epinephrine Inj., USP$ - $ - 1:1000, 1mg/10, w/Luer Lock NDC 0548-3316-00 70each 132Etomide Inj., USP$ - $ - 20 mg /10 mL, vial NDC 04096-695-01 50each 133Glucagen (Glucogon-DNA origin)$ - $ - Package containing 1 I.U. Glucagon 1 mg/mL sterile H2O for reconstitution NDC 55390-004-01 50each 134Insta-Glucose$ - $ - 31g/tube 30each 135Ketamine HCI Inj., USP$ - $ - 500mg/mL, 10 vial/box NDC 67457-001-10 70each 136Lidocaine Inj., USP$ - $ - 2%, 100 mg/5 mL, Luer Lock NDC 0548-3390-00 50each 137Magnesium Sulfate Inj., USP$ - $ - 1g/2 mL vial NDC 0517-2602-25 20each 138Mark 1 Antidote Kit$ - $ - 2 mg Atropine, 600 mg 2 PAMCL NDC 11704-101-01 20each 139Methylene Blue Inj., USP $ - $ - 1%, 10 mg/mL NDC 61703-402-32 10boxes 140Midazolam HCI Inj., USP$ - $ - 5 mg/5 mL, 10 vial/box NDC 10019-028-37 30each 141Morphine Sulfate Inj., USP $ - $ - 10 mg/mL, 25 vials/box NDC 10019-178-44 500each 142Naloxone Inj., USP$ - $ - 2 mg/2 mL, w/Luer Lock NDC 0548-3369-00 70each 143Nitro Sublingual Tablets$ - $ - 0.4 mg, 25 Tablets Bottle NDC 54868-1508-1 THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 29 Bid No. 044-2210-16/JMA 30boxes 144Ordansetron HCI Inj., USP $ - $ - 4 mg/2 mL, 5 vial/box NDC 0409-4755-03 60each 145Sodium Bicarbonate Inj.,USP$ - $ - 4.2%, 5 meg/10 mL, w/Luer Lock NDC 0548-3331-00 300each 146Sodium Bicarbonate Inj., USP $ - $ - 8.4%, 50 mL, w/Luer Lock NDC 0548-3352-00 30each 147Succinylchlorine Chloride Inj., USP$ - $ - 200 mg/10 mL, vial NDC 0409-6629-02 75each 148Teracaine HCI$ - $ - Opthalmic Solution USP, 0.5% 15 mL bottle NDC 24208-920-64 10boxes 149Vasopressin Inj., USP $ - $ - 20 Units/mL, 25 vial/box NDC 0517-0510-25 GROUP 3 GRAND TOTAL $ - (Items 115-149) PERCENTAGE DISCOUNT OFF LIST PRICE FOR ITEMS SIMILAR TO, BUT NOT LISTED IN THIS GROUP: _______________% GROUP 4 - DIAGNOSTICS AND INSTRUMENTS: 30boxes 150Blood Pressure Cuffs$ - $ - Double Tube Disposable Child Size ZCC4412L - 10/box (Zefon or approved equal) 40boxes 151Blood Pressure Cuffs$ - $ - Double Tube Disposable Small Adult Size ZCC4312L - 10/box (Zefon or approved equal) 125 boxes 152Blood Pressure Cuffs$ - $ - Double Tube Disposable Adult Size ZCC4212L - 10/box (Zefon or approved equal) 115boxes 153Blood Pressure Cuffs$ - $ - Double Tube Disposable Large Adult Size ZCC4112L - 10/box (Zefon or approved equal) 5boxes 154Blood Pressure Cuffs$ - $ - Double Tube Disposable Thigh ZCC4012L - 10/box (Zefon or approved equal) 5boxes 155Blood Pressure Cuffs$ - $ - Single Tube Disposable Child Size ZSC4401MQF - 10/box (Zefon or approved equal) THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 30 Bid No. 044-2210-16/JMA 20boxes 156Blood Pressure Cuffs$ - $ - Single Tube Disposable Small Adult Size ZSC4301MQF - 10/box (Zefon or approved equal) 20boxes 157Blood Pressure Cuffs$ - $ - Single Tube Disposable Adult Size ZSC4201MQF - 10/box (Zefon or approved equal) 20boxes 158Blood Pressure Cuffs$ - $ - Single Tube Disposable Large Adult Size ZSC4101MQF - 10/box (Zefon or approved equal) 10boxes 159Blood Pressure Cuffs$ - $ - Single Tube Disposable Thigh ZSC4001MQF - 10/box (Zefon or approved equal) 100each 160Blood Pressure Bulbs$ - $ - With valves #875 (ADC or approved equal) 600each 161Sphygmomanometer Gauges$ - $ - (ADC or approved equal) 200each 162Stethoscopes-ProScope 670$ - $ - (No Substitute) 100packs 163Penlights$ - $ - #59805, Disposable, 6 per pack (Moore or approved equal) 6boxes 164Morgan Mor-Flex Lens$ - $ - MT2000, 12 per box (Mortran or approved equal) 7cases 165Electrodes $ - $ - Pediatric, 3 per pkg 200 packages per case (KENDALL 31439766-No Substitute) 200cases 166Electrodes $ - $ - Postrace Diaphoretic Adult, 40 per box, 30 boxes per case 1870C-004 (ConMed-No Substitude) 40boxes 167Prep Razors$ - $ - #4251, 50 per box (Nikomed or approved equal) 24 each 168Magill Forceps$ - $ - 12each 169Magill Forceps$ - $ - (EMP or approved equal) 24each 170Kelly Forceps $ - $ - Hemostats #724000 (EMP or approved equal) THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 31 Bid No. 044-2210-16/JMA 20each 171Ring Cutter$ - $ - #8220, Stainless Steel (EMP or approved equal) 20each 172Replacement Blade $ - $ - for #8221 Ring Cutter (EMP or approved equal) 280each 173Trauma Utility Sheers$ - $ - (EMP or approved equal) GROUP 4 GRAND TOTAL $ - (Items 150 - 173) PERCENTAGE DISCOUNT OFF LIST PRICE FOR ITEMS SIMILAR TO, BUT NOT LISTED IN THIS GROUP: _______________% GROUP 5 - SPLINTS, IMMOBILIZATION SUPPLIES AND EQUIPMENT: 42cases 174Ambu Perfit Ace Extrication$ - $ - Collar, 30 PER CASE (AMBU- No Substitute) 9cases 175Ambu Mini Ace$ - $ - Adjustable Collar, 30 per case Infant, Pediatric and Geriatric Settings (AMBU-No Substitude) 788each 176Disposable Restraint Straps$ - $ - Two-piece Restraint with Loop-Lok #454390 (Dixie or approved equal) 2each 177Infant/Pediatric Immobilization$ - $ - Board with Carrying Case #D6368 (LSP or approved equal) 4each 178Replacement Head Harness for$ - $ - Infant/Pediatric Immobilization Board 3each 179K.E.D. Complete Kit #125$ - $ - Kendrick Extrication Device (FERNO-No Substitute) 2each 180Traction Splint$ - $ - Sager form III bilateral, Model S304 (SAGER- No Substitute) 2each 181Traction Splint $ - $ - Sager Pediatric, Model S300 (SAGER- No Substitute) 2each 182Scoop Stretcher $ - $ - Combicarrier II CC 2200P NO SUBSTITUTES 100pair 183Disposable Posey Restraints$ - $ - Limb Holder #2510, Price per pair - Posey NO SUBSTITUTES 60each 184Acrylic Cot Blankets$ - $ - (Chatham or approved equal) THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 32 Bid No. 044-2210-16/JMA 15cases 185Disposable Blanket$ - $ - 24 per case (Banta or approved equal) 18cases 186Pillow Disposable IM2025$ - $ - 24 per case (Putnam or approved equal) 24each 187Two Piece Cot Straps$ - $ - #430, Maroon - Ferno NO SUBSTITUTES 5each 188Econo-Vac Splint$ - $ - Deluxe 5 Splint Kit NO SUBSTITUTES 24each 189Econo-Vac Splint$ - $ - #82-E2010 24each 190Econo-Vac Splint$ - $ - #82-E2014 24each 191Econo-Vac Splint$ - $ - #82-E2222 75cases 192Sta-Blok Head Immobilizer$ - $ - Laderal NO SUBSTITUTES GROUP 5 GRAND TOTAL $ - (Items 174 - 192) PERCENTAGE DISCOUNT OFF LIST PRICE FOR ITEMS SIMILAR TO, BUT NOT LISTED IN THIS GROUP: _______________% GROUP 6 - BANDAGES AND DRESSING TAPE: 8cases 193Dermicel Hypo-Allergenic$ - $ - 12 rolls per box, 12 boxes per case (J & J or approved equal) 11cases 194Dermicel Hypo-Allergenic$ - $ - 4 rolls per box, 12 boxes per case (J & J or approved equal) 23cases 195$ - $ - #4634 150 per box, 12 boxes per case (J & J or approved equal) 18cases 196Triangular Bandages $ - $ - 12 per box, 240 per case (Dynarex, J & J or approved equal) 26boxes 197Adaptic Bandages$ - $ - 50 per box (J & J or approved equal) THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 33 Bid No. 044-2210-16/JMA 14cases 198Combination Pads$ - $ - 25 per box, 16 boxes per case, 400 per case. (J & J or approved equal) 18cases 199$ - $ - #6922 12 per box, 8 boxes per case (J & J or approved equal) 17cases 200Trauma Dressing$ - $ - 50 per case (Moore Medical or approved equal) 22cases 201$ - $ - #6924 12 per box, 6 boxes per case (J & J or approved equal) 8cases 202$ - $ - #3342, 25 envelopes of 2 boxes 24 boxes per case, 1,200 sponges per case (Dynarex, J & J or approved equal) 3boxes 203Asherman Chest Seal$ - $ - 10 per box Rusch NO SUBSTITUTES 20boxes 204$ - $ - #1582, 36 per box (3M or approved equal) 90cases 205$ - $ - #21124, 24 per case (GAM or approved equal) 11cases 206$ - $ - #7010, 12 per case (GAM or approved equal) 120each 207O.B. Kit, Soft Pack$ - $ - #2030 (EMP or approved equal) 4boxes 208Safety Scalpel, Size 11$ - $ - #1611, 10 per box (Dynarex or approved equal) 30each 209Baby Beannie $ - $ - #32-200 Knitted Polyester Stockinette (EMP or approved equal) 30each 210Baby Bunting$ - $ - #112, Isothermal Foil Blanket Sterile (GAM or approved equal) 58cases 211Hydrogen Peroxide 3%$ - $ - #98001 16 oz. bottles, 12 bottles per case (Medline or approved equal ) THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 34 Bid No. 044-2210-16/JMA 22cases 212$ - $ - Non-Sterile 8-Ply #1792 200 per pkg., 4,000 sponges per case (Kendall or approved equal) 18cases 213$ - $ - Sterile 12-Ply #3342, 25 envelopes of 2 boxes 24 boxes per case/1200 sponges per case (Dynarex, J & J or approved equal) 100each 214Sudecon Irritant Spray$ - $ - Decontamination Wipes Sudecon Towelettes, #FL911 (Fox Labs or approved equal ) 16cases 215Normal Saline$ - $ - 1,000 mL Plastic Bottles #2F7114, 12 per case (Baxter or approved equal) 4boxes 216Nail Polish Remover Pads$ - $ - #71200, 100 per box (PDI or approved equal) GROUP 6 GRAND TOTAL $ - (Items 193 - 216) PERCENTAGE DISCOUNT OFF LIST PRICE FOR ITEMS SIMILAR TO, BUT NOT LISTED IN THIS GROUP: _______________% GROUP 7 - INFECTION CONTROL EQUIPMENT AND SUPPLIES: 6cases 217Gloves, Nitrile Micro Flex$ - $ - 10 boxes per case - Micro Flex NO SUBSTITUTE 11cases 218Gloves, Nitrile Micro Flex$ - $ - 10 boxes per case - Micro Flex NO SUBSTITUTE 13cases 219Gloves, Nitrile Micro Flex$ - $ - 10 boxes per case (MICRO FLEX- No Substitute) 17cases 220Gloves, Nitrile Micro Flex$ - $ - 10 boxes per case - Micro Flex NO SUBSTITUTE 53boxes 221Personal Antimicrobial Wipe$ - $ - P.A.W.S. #34400 100 each per box (Safetec or approved equal) 312each 222Alcare Plus Hand Foam #6399$ - $ - Kills micro-organisms 9 oz. (Zeneca or approved equal) 46cases 223Biohazard Bags #45-41$ - $ - Red Disposable 250 per case (MD Industries or approved equal) THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 35 Bid No. 044-2210-16/JMA 43cases 224Biohazard Bags #45-54$ - $ - Red Disposable 50 per box, 5 boxes per case, (MD Industries or approved equal) 61cases 225Sharp Containers$ - $ - Size 1.5, Quart Red #305487 36 per case - Becton Dickinson NO SUBSTITUTES 50cases 226Sharp Containers Becton Dickinson$ - $ - Size 8, Quart Red w/clear top #305344 - 24 per case NO SUBSTITUTES 4cases 227Technol PFR95 Tuberculosis Masks$ - $ - Size Small, #46827 35 per box - Kimberly Clark NO SUBSTITUTES 4cases 228Technol PFR95 Tuberculosis Masks$ - $ - Size Medium, #46727 35 per box - Kimberly Clark NO SUBSTITUTES 24boxes 229Molded Surgical Mask #22030$ - $ - Blue, One Size Fits All - 50 per box (Dynarex or approved equal) 10cases 230Sleeves #3712$ - $ - 200 per case (Posi-Wear or approved equal) 200each 231Protective Eyewear$ - $ - High Impact Protection Optically Correct Lens Wrap Arounds, #SA5190 (MDS Matrx or approved equal) 3cases 232Convenience Bags$ - $ - One Size, one-way Plastic (Vomit Bags), #GKR7000 12 per package, 240 per case (GKR or approved equal) 6cases 233Chux Absorbent Compact $ - $ - 220each 234Disposable Glasses #180S$ - $ - Clear Polycarbonate Lenses #180S (ADEN BAM 180S) 36each 235Cavicide 24 oz. spray bottle$ - $ - #12024 (Metrex or approved equal) GROUP 7 GRAND TOTAL $ - (Items 217 - 235) PERCENTAGE DISCOUNT OFF LIST PRICE FOR ITEMS SIMILAR TO, BUT NOT LISTED IN THIS GROUP: _______________% THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 36 Bid No. 044-2210-16/JMA GROUP 8: ITEMS REQUIRED BY THE CITY OF BOYNTON BEACH 6boxes 236Protect Plus IV Catheter - 20 gauge x 1"$ - $ - Jelco - Smith's Medical REF 3057 - Box of 50 NO SUBSTITUTE 200-041-6 237Portex Emergency Smith's Medical12each$ - $ - Quick Trach Cricothyroidatomy Kit REF 100/465/060 NO SUBSTITUTE 041-10 238Hudson BVM Adult Mask Disposable150each$ - $ - Manual Resuscitator with Flow Diverter/Mask REF 5372 EXACT OR APPROVED EQUAL 041-13 239Rusch Lite #0048522006each$ - $ - Miller 2 mm Blade Standard Fitting Larygoscope NO SUBSTITUTE 041-15 240Ventlab Oxygen Mask - Adult Size #21011000each$ - $ - with 1 valve and 7' 02 tubing EXACT OR APPROVED EQUAL 041-16 241Well Lead Medical/Aircare20each$ - $ - Endotracheal Tubes 3 mm Cuffed w/ Stylette REF 100/102/030 EXACT OR APPROVED EQUAL 041-19 242Well Lead Medical/Aircare30each$ - $ - Endotracheal Tubes 4 mm Cuffed w/ Stylette REF 100/102/040 EXACT OR APPROVED EQUAL 041-20 243Well Lead Medical/Aircare25each$ - $ - Endotracheal Tubes 5 mm Cuffed w/ Stylette REF 100/102/050 EXACT OR APPROVED EQUAL 041-21 244Well Lead Medical/Aircare50each$ - $ - Endotracheal Tubes 6 mm Cuffed w/ Stylette REF 100/102/060 EXACT OR APPROVED EQUAL 041-22 245Well Lead Medical/Aircare80each$ - $ - Endotracheal Tubes 7 mm Cuffed w/ Stylette REF 100/102/070 EXACT OR APPROVED EQUAL 041-23 246Well Lead Medical/Aircare20each$ - $ - Endotracheal Tubes 8 mm Cuffed w/ Stylette REF 100/102/080 EXACT OR APPROVED EQUAL 041-24 247Laerdal Adult Endotracheal Tube Holder70each$ - $ - REF 600-10000 EXACT OR APPROVED EQUAL 041-25 248Basic Medical Supply - Nebulizers200each$ - $ - with tee, tubing and mouth piece MS-22883 EXACT OR APPROVED EQUAL 041-29 249Rusch Disposable ET Adult Stylettes50boxes$ - $ - Slick Stylette - tube sizes 7.0 - 10.0 mm REF 1000R Box of 25 EXACT OR APPROVED EQUAL 041-30 250Teleflex Medical - Infant Oral 15each$ - $ - Pharyngeal Airway - Size 000 REF 21211 EXACT OR APPROVED EQUAL 041-32 251Rusch Naso Pharyngeal Airway10boxes$ - $ - Soft PVC - Size 12F REF 123312 EXACT OR APPROVED EQUAL 041-33 252Curaplex Naso Pharyngeal Airway10boxes$ - $ - Soft PVC - Size 14F EXACT OR APPROVED EQUAL 041-34 253Rusch Naso Pharyngeal Airway10boxes$ - $ - Soft PVC - Size 16F REF 123316 EXACT OR APPROVED EQUAL 041-35 254Rusch Naso Pharyngeal Airway15boxes$ - $ - Soft PVC - Size 18F REF 123318 EXACT OR APPROVED EQUAL 041-36 THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 37 Bid No. 044-2210-16/JMA 255Medsource Naso Pharyngeal Airway10boxes$ - $ - Soft PVC - Size 22F MS-23920 041-38 EXACT OR APPROVED EQUAL 256Medsource Naso Pharyngeal Airway15boxes$ - $ - Soft PVC - Size 24F MS-23922 041-39 EXACT OR APPROVED EQUAL 257Berman Airway / Sun Med40boxes$ - $ - Oral Pharyngeal Airway Adult XL - Size 6 / 110 mm 041-43 EXACT OR APPROVED EQUAL 258Berman Airway / Sun Med25boxes$ - $ - Oral Pharyngeal Airway Adult Medium - Size 4 / 90 mm 041-45 EXACT OR APPROVED EQUAL 259Berman Airway / Sun Med25boxes$ - $ - Oral Pharyngeal Airway Adult Small - Size 3 / 80 mm 041-46 EXACT OR APPROVED EQUAL 260Jelco - Smith's Medical10boxes$ - $ - Protect IV Catheter 14 gauge x 2" REF 4088 041-49 NO SUBSTITUTES 261Covidien - 3 x 9 Vaseline Gauze Pads40boxes$ - $ - Sterile - packs of 10 REF 8884413605 041-50 EXACT OR APPROVED EQUAL 262BD Syringe Slip Tip3boxes$ - $ - 10 cc Syringe Only REF 301604 041-51 NO SUBSTITUTES 263Laerdal - Pediatric ET Tube Holder50each$ - $ - REF 600-20000 041-53 NO SUBSTITUTES 264AMBU Head Wedge TM400each$ - $ - Cervical Immobilization Device REF 000264034 041-56 NO SUBSTITUTES 2652 x 2 Gauze Pads20boxes$ - $ - 4 Ply - Non-Sterile Pack of 200 041-57 EXACT OR APPROVED EQUAL 2666" Sterile Gauze Rolls25boxes$ - $ - 2 Ply - 5 yds. Unstretched Sterile - Box of six rolls 041-63 EXACT OR APPROVED EQUAL 2673" Elastic Bandage Rolls120boxes$ - $ - Latex Free - 4.5 yds. Box of ten rolls 041-64 EXACT OR APPROVED EQUAL 2686" Elastic Bandage Rolls20boxes$ - $ - Latex Free - 4.5 yds. Box of ten rolls 041-65 EXACT OR APPROVED EQUAL 269Dukal Trauma Pads120boxes$ - $ - Sterile - 10" x 30" REF 1030TD 041-68 EXACT OR APPROVED EQUAL 2703" Cloth Tape35boxes$ - $ - White Adhesive Tape Box of 4 rolls 041-71 EXACT OR APPROVED EQUAL 271BD Syringe - Slip tip with Precision Guide2cases$ - $ - Needle - 1 cc Tuberculine REF 309626 25g x 5/8" 041-72 NO SUBSTITUTES 272Vanishpoint Syringe10cases$ - $ - 3 cc - 20g x 1" REF 10371 041-73 NO SUBSTITUTES 273Vanishpoint Syringe5cases$ - $ - 10 cc - 21g x 1 1/2" REF 11061 041-74 NO SUBSTITUTES THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 38 Bid No. 044-2210-16/JMA 274Terumo Needle 2cases$ - $ - 19 gauge x 1" REF NN 1925R 041-78 NO SUBSTITUTES 275Cook Medical - Interosseous Infusion Needle5cases$ - $ - Pediatric Use - 16g/3 cm REF C-DIN-16-3.0-T45 041-79 NO SUBSTITUTES 276ADC Blood Pressure Cuff 15each$ - $ - Large Adult REF 760-12XBX 041-82 EXACT OR APPROVED EQUAL 277Fluid Resistant Blue Disposable Fitted 90packs$ - $ - Sheets - 30" x 72" Pack of 10 sheets 041-88 EXACT OR APPROVED EQUAL 278Dukal 7303 Heavy Duty - Fluid Impervious350each$ - $ - Emergency Disposable Blankets Yellow - 54" x 80" 041-93 EXACT OR APPROVED EQUAL 279Covidien SharpSafety Needle Disposal 200each$ - $ - Sharps Containter - 20 count 14-10873-156680/89005A 041-94 EXACT OR APPROVED EQUAL 280Covidien SharpSafety Needle Disposal 400each$ - $ - Sharp Containter - Single Use REF 8301 041-95 EXACT OR APPROVED EQUAL 281Covidien SharpSafety Needle Disposal 110each$ - $ - Sharps Containter - 150 count REF 8507SA 041-96 EXACT OR APPROVED EQUAL 282Argyle 301606 Hose Set5cases$ - $ - Non Conductive Connecting Tube 1/4" x 6' Sterile 041-98 NO SUBSTITUTES 283Braun Sterile Water 500 ml for 60each$ - $ - Irrigation USP REF R5001-01 041-101 EXACT OR APPROVED EQUAL 284James Alexander Antibacterial Benzion5boxes$ - $ - Tincture Swab USP REF 882 041-102 EXACT OR APPROVED EQUAL 285Medline Isoropyl Alcohol 70%250each$ - $ - 16 oz. bottles REF MDS0980032 041-104 EXACT OR APPROVED EQUAL 286Covidien Antibacterial Prep Pads60boxes$ - $ - Medium 2 ply - Box of 200 REF 6818 041-105 EXACT OR APPROVED EQUAL 287Steris Alcare Plus Antibacterial Foam 160each$ - $ - Hand Cleaner - 9 oz. REF: 6399-35N/511 041-107 NO SUBSTITUTES 288Unstik 2 Normal Lancets90boxes$ - $ - Sterile - Single Use Capillary Blood Sampling Devise - Box of 50 REF AT0700 041-108 NO SUBSTITUTES 289Morrison Medical - Orange Fluid Impervious500each$ - $ - 5' Strap w/buckle REF 1350xor-5' 041-109 NO SUBSTITUTES 290Medsource MS-STBK Trauma Stethoscope30each$ - $ - Sprague Rappaport Style 22" double tubing; 2 diaphrams, 2 pairs of ear tips and 3 bells 041-110 EXACT OR APPROVED EQUAL 291MedsourcE Medical Stethoscope30each$ - $ - 22" tubing with dual head chrome plated binawals REF MS-70031 041-111 EXACT OR APPROVED EQUAL THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 39 Bid No. 044-2210-16/JMA 292Bandage Scissors 40each$ - $ - Stainless Steel EXACT OR APPROVED EQUAL 041-112 293EMS Shears Autoclavable80each$ - $ - Stainless Steel; with safety bandage tip and one serrated edge 7 1/4" EXACT OR APPROVED EQUAL 041-113 294ADC 401040boxes$ - $ - Bite Sticks - Latex Free EXACT OR APPROVED EQUAL 041-116 295Medex Medical Bifurrated H-Flow 5boxes$ - $ - Blood Tubing - Sterile, Single Use REF MX882 NO SUBSTITUTES 041-117 296Covidien Combi-Tube40each$ - $ - Esophageal Tracheal Airway with X-Ray Line REF 5-18541 NO SUBSTITUTES 041-119 297Dynarex Ammonia Inhalents30boxes$ - $ - REF 1401 EXACT OR APPROVED EQUAL 041-121 298Medical Actions 108MBX50packages$ - $ - Bio Waste Bags Red - 25" x 34" x 1.2 ml 50 bags per package/200 case NO SUBSTITUTES 041-122 299Hartwell Bio Hoop Bags60packs$ - $ - 30 litre bags; Packs of 12 REF BH1100H NO SUBSTITUTES 041-124 300Arm Board - Long100each$ - $ - White 3" x 18" EXACT OR APPROVED EQUAL 041-125 301Rusch50each$ - $ - No. 3 Mac Blade REF 4043R NO SUBSTITUTES 041-128 302Rusch30each$ - $ - No. 4 Mac Blade REF 4804400 NO SUBSTITUTES 041-129 303Rusch10each$ - $ - No. 3 Miller Blade REF 4853300 NO SUBSTITUTES 041-130 304Precision Xtra Glucose Test Strips100boxes$ - $ - Box of 50 REF 99838-65 NO SUBSTITUTES 041-131 305Betadine Solution - 16 fl. oz. 20bottles$ - $ - Topical Antiseptic EXACT OR APPROVED EQUAL 041-133 306AMBU Pediatric Resuscitator20each$ - $ - SPUR II REF 530214000B NO SUBSTITUTES 041-157 307Digitcare DFR12-1150boxes$ - $ - Defender Nitrile Gloves - SMALL, Purple 50 per box NO SUBSTITUTES 041-168 308Digitcare DFR12-5350boxes$ - $ - Defender Nitrile Gloves - XXL, Purple 50 per box NO SUBSTITUTES 041-170 309Covidien Pediatric Electrodes10boxes$ - $ - Kendall 133 Foam Electrodes 20 per box REF 31439725 NO SUBSTITUTES 041-171 310Laerdal10each$ - $ - V-VAC Replacement Cartridge REF 985001 NO SUBSTITUTES 041-172 311Rusch Pediatric Slick Stylettes - PM50010boxes$ - $ - Disposable Endotracheal - Small REF 500 NO SUBSTITUTES 041-173 THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 40 Bid No. 044-2210-16/JMA 312Medsource30each$ - $ - EMS Wool Blanket - 66" x 90" Dark Gray REF MS-90520 041-174 EXACT OR APPROVED EQUAL 313PDI KY Jelly - Sterile10boxes$ - $ - Box of 144 REF T00137 041-177 EXACT OR APPROVED EQUAL 314ADC Infant Blood Pressure Cuff5each$ - $ - Aneroid Sphygmomanometer REF 775-9CN 041-181 EXACT OR APPROVED EQUAL 315CO2 Sampling Line and Airway Adapter50each$ - $ - Filter Line Set Microstream REF XS04620 041-184 NO SUBSTITUTES 316Emergent Respiratory Med Mask Circuit80each$ - $ - with Filter - CPAP Set - Adult REF 1900-124 041-185 NO SUBSTITUTES 317Lifeshield IV Plumset25each$ - $ - 104" 15 drip REF 11943 041-186 NO SUBSTITUTES 318Digitcare DFR12-2250boxes$ - $ - Defender Nitrile Gloves - Medium, Purple 50 per box 041-187 NO SUBSTITUTES 319Digitcare DFR12-31500boxes$ - $ - Defender Nitrile Gloves - Large, Purple 50 per box 041-188 NO SUBSTITUTES 320Digitcare DFR12-4800boxes$ - $ - Defender Nitrile Gloves - XLarge, Purple 50 per box 041-189 NO SUBSTITUTES 321Protect Plus IV Catheter - 20 gauge x 1"5boxes$ - $ - Jelco - Smith's Medical REF 3057 - Box of 50 041-190 NO SUBSTITUTE 322LMA Esophageal Intubation Detector30each$ - $ - Tubecheck REF EID200 041-191 NO SUBSTITUTE 323Morton 10boxes$ - $ - Medi-flow Lens - Sterile REF MT2000 041-192 NO SUBSTITUTE 324O-Two10each$ - $ - Disposable Vent Circuit REF 01CV8015 041-193 NO SUBSTITUTE ЋЎЉЉĻğĭŷ 325Universal 15-Drop Dripset safeline injection site and spin lock connect REF US1160 50 per case 041-195 NO SUBSTITUTE 326Braun Universal 60-Drop Dripset150each$ - $ - 50 per case REF 352257 / US1105 041-196 NO SUBSTITUTE 327Braun Syringes30cases$ - $ - 10cc Pre-filled Saline 100 per case REF 513-576 041-197 NO SUBSTITUTE 328Curaplex Pediatric Nebulizers20each$ - $ - Mask with 7' tubing REF 301-203 041-200 APPROVED EQUAL IS ACCEPTABLE $ - GROUP 8 GRAND TOTAL (Items 236 - 328 ) PERCENTAGE DISCOUNT OFF LIST PRICE FOR ITEMS SIMILAR TO, BUT NOT LISTED IN THIS GROUP: _______________% BIDDER'S SIGNATURE: ________________________________ THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach Page 41 Bid No. 044-2210-16/JMA PRICE PROPOSAL Bid Proposal Continued Submitted on this _____ day of ____________, 2016 a. (If an individual, partnership, or non-incorporated organization) Signature of BIDDER Name and Title b. (If a corporation) (Affix Seal) Signature of BIDDER Name and Title Attested by Secretary Incorporated under the laws of the State of _______________________________. BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON-CONFORMING AND INELIGIBLE FOR AWARD. City of Boynton Beach Page 42 Bid No. 044-2210-16/JMA . THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. ADDENDA CITY OF BOYNTON BEACH BID No.: 044-2210-16/JMA BIDDER: ________________________________________________________________ DATE SUBMITTED: ______________________________________________________ We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, means of transportation, and services necessary to provide the commodities specified in these bid documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM No. DATE NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID City of Boynton Beach Page 43 Bid No. 044-2210-16/JMA . THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of _____________________________) : County of____________________________) ________________________________________, being first duly sworn, deposes and says that: 1) He/She is_________________________ of ________________________________, (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He/She is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, 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 communications 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 Boynton 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)____________________________ ___________________________________ Subscribed and sworn to before me: Title This ______ day of ________, 2016 My commission expires ______________________________ City of Boynton Beach Page 44 Bid No. 044-2210-16/JMA THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of ,20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY City of Boynton Beach Page 45 Bid No. 044-2210-16/JMA THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? ___________ ____________ Yes No ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER _______________________________________ (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES _____ NO _____ If YES, Name the Organization from which this certification was obtained and date: _________________________________________________________________ Issuing Organization for Certification ____________________________ Date of Certification City of Boynton Beach Page 46 Bid No. 044-2210-16/JMA THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF DRUG-FREE WORKPLACE 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 City of Boynton Beach or 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. In order to have a drug-free workplace program, a business shall: 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) 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 employee 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 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 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. ______________________________ City of Boynton Beach Page 47 Bid No. 044-2210-16/JMA THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The 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 the resultant Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. _______________________________ CONTRACTOR NAME By_____________________________ Title: ___________________________ Date: ___________________________ City of Boynton Beach Page 48 Bid No. 044-2210-16/JMA THIS PAGE TO BE SUBMITTED WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Bid No. 044-2210-16/JMAAnnual Supply WE, the undersigned have declined to bid on your ; of Medical Supplies and Medications for the following reason(s): rer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS City of Boynton Beach Page 49 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 ADDENDUM No. 1 DATE: April 29, 2016 BID TITLE: THE ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS BID NUMBER: 044-2210-16/JMA The following changes, additions, and/or information are hereby made a part of the BID CLOSING DATE AND TIME: MAY 12, 2016, NO LATER THAN 2:30 P.M. The following questions were received via e-mail: 1. Would you have the name of the manufacturer for Item no. 65; Single Patient Vent Circuit? ANSWER: Use Carefusion 203, or EQUAL. 2. Items no. 79 through 82 are exclusive to Bound Tree Medical; could they be moved out into a separate grouping ? ANSWER: Not for this bid solicitation. 3. Would you have the Motion Medical Part number for the IV Start Kit? ANSWER: Number 1295. 4. Item no. 76 Disposable Suction Canisters from Impact has been discontinued. Since this product is same specifications. ANSWER: Yes. Њ ADDENDUM No. 1 5. Item no. 138 is Mark 1 Antidote Kit; 2 mg Atropine, 600 mg 2 PAMCL which has been replaced by DuoDote. DuoDote is on backorder and no new orders or pricing will be made available until the backorder has been resolved. ANSWER: You may awarded bidder(s) after this item becomes available. 6. Please verify the part number for line number 326? ANSWER: No. 352237 7. For Group 4. Items no. 150 159; what type of connection on the hose to the blood pressure device? ANSWER: Please replace Zefon or approved equal with Bound Tree SoftCheck BP Cuffs or MedSource Blood Pressure Units (MS-BP100 thru MS-BP500) or Approved Equal Please note that unless otherwise specifically provided in the specifications reference to any equipment, or medical supplies, article or patented process by trade name, make or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If the bidders wish to make a substitute to the specifications, the bidders shall furnish to the City the name of the manufacturer, the model number and other identifying data and information necessary to aid the City in evaluating the substitution and such substitution shall be subject to City approval. consideration of products of other manufacturers meeting the requirements for the items listed. If you have any questions, please call Julianne Alibrandi, Senior Buyer, at (561) 742-6322, Monday through Friday from 8:00 a.m. to 5:00 p.m., or e-mail alibrandij@bbfl.us CITY OF BOYNTON BEACH Tim W. Howard Assistant City Manager Administrative Services Director of Financial Services Ћ ADDENDUM No. 1 ACKNOWLEDGEMENT OF ADDENDUM No. 1 ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS BID No: 044-2210-16/JMA RESPONDENT MUST SIGN, DATE AND INCLUDE MENT OF ADDENDUM No. PROPOSAL PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY: ________________________________________________________ ____________________________________ _____________________________________ PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE ____________________________________ DATE Ќ ADDENDUM No. 1 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-700,Version:1 City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-650,Version:1 TO: Mayor and Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 FISCAL YEAR 2017 PROPOSED MILLAGE RATE Recommended Action: Motion to Approve staff's recommendation that the City Commission set a total millage of 7.2112 for FY 2017 (6.9611 for operating and 0.2501 for debt service). Background: The City Commission is required each year to submit a proposed millage rate in accordance with State TRIM guidelines. This is used by the Property Appraiser's Office to notify property owners of their proposed taxes for FY 2017. For practical purposes, the proposed millage rate set by the Commission will be the maximum millage rate that can be levied in FY 2017. The Commission can still lower the millage rate at either of the public hearings for budget adoption in September. For FY 2016, the operating millage is 7.0611 and the debt service millage is 0.2756 for a total millage of 7.3367. For FY 2017, the debt service millage will be 0.2501. Staff is recommending a FY 2017 operating millage of 6.9611 which would result in a total millage of 7.2112. This would be the fourth consecutive year's reduction in the total millage. City Attorney Review: N/A Timing of Request: The City's tentative millage must be set at this meeting. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-651,Version:1 TO: Mayor and Commissioners FROM: Laura Simon, Executive Director of DDA THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 PROPOSED MILLAGE LEVY RATE/DOWNTOWN DEVELOPMENT AUTHORITY (DDA) Recommended Action: Motion to Approve staff's recommendation that the City Commission approve the DDA millage rate at 1.0000 for FY 2017. Background: On June 13, 2016, the Downtown Development Authority (DDA) voted to approve a proposed millage rate of 1.0000 for FY 2017. The DDA current year millage rate is 1.0000. City Attorney Review: N/A Finance Department Review: N/A Funding Source: N/A Timing of Request: The DDA tentative millage must be set at this meeting. City of Delray BeachPage 1 of 1Printed on 7/11/2016 powered by Legistar™ DDA BUDGET 2015/2016 Top Line Report As of May 31, 2016 Updated 06/7/16 9:48 PM ApprovedApprovedAmendedPreviousActual to FinalBudgetBudgetBudgetYear to Date Date 2014-15 2014-152015-16 2015-165/31/155/31/16 Revenues: 680,167 625,741 621,828 692,831 603,473 692,831 AD VALOREM TAXES & INTR. 76,837 84,872 90,143 62,000 77,793 79,288 SPONSORSHIP RAISED 757,004 Total Revenues710,613711,971754,831772,119681,266 Expenditures DEVELOPMENT DDA DISTRICT ECONOMY 228,893233,114 TOTAL MARKETING DDA DISTRICT245,300284,685189,744208,209 35,21446,638 RESEARCH and ECONOMIC DEVELOPMENT56,95062,85020,25621,324 71,96971,523 PLACE MAKING/CLEAN AND SAFE90,00094,00044,73054,317 61,31561,325 50,00050,25055,82545,250 DDA DISTRICT GRANTS 397,391412,599310,555 TOTAL BUSINESS DEVELOPMENT442,250491,785329,100 235,900219,688 Payroll Expenses227,440171,852152,548104,240 41,31136,271 Operational Expenses39,41359,07143,72432,859 38,55038,095 Office Expenses38,80043,10826,71725,565 315,762294,055 Total Admin. Expenses305,653274,031222,989162,664 710,613711,971 Total Revenues754,831772,119681,266757,004 713,152706,654 Less Total Expenses747,903765,816533,544491,764 (7,539)5,317 6,9286,303147,722265,240 Net Income for year Raised Revenues - Private 84,87290,143 62,00076,83777,79376,837 SPONSORSHIP RAISED 1,300 65,991065,991 IN KIND REVENUES 86,17290,143 Total Raised Revenues62,000142,82877,793142,828 Friday, July 01, 2016 TO: Mayor and City Commissioners FROM: Laura Simon, Executive Director, Delray Beach DDA & DDA Board of Directors RE: PROPOSED DDA FY16/17 MILLAGE RATE Summary: On June 13, 2016 at the DDA Regular Monthly meeting, the DDA board unanimously approved a proposed millage rate of 1.0000 for FY16/17. The current millage rate is 1.0000. The DDA held the FY16/17 Goal Setting meeting on June 1 where initiatives were prioritized to direct the DDA staff to develop the FY16/17 budget. The FY16/17 Budget is to be reviewed and discussed at the July 11 DDA Board meeting. The final FY16/17 budget will be approved at the August 8 DDA Board meeting. All meetings are open to the public. Background: The DDA has provided to the City Commission for their review the following items: -Formal letter of board approval sent to the Chief Financial Officer on June 16, 2016 -FY16/17 Draft Top line Budget Summary -FY15/16 Approved DDA Amended Budget with detail pages -Proposed Draft FY16/17 DDA Initiatives reviewed at the DDA Goal Setting Workshop (3 Documents) The DDA will provide a presentation to the Mayor and City Commission on July 12, 2016 during the Regular Meeting. Recommendation: The DDA is requesting approval from the City Commission on the FY16/17 proposed millage rate of 1.0000. Final approval will be made under Public Hearing on September 8 and September 20, 2016. Delray Beach DDA 85 SE 4 Ave, Ste 108 th Delray Beach, FL 33483 Downtowndelraybeach.com #downtowndelray DDA BUDGET 2015/2016 and PROPOSED FY16/17 BUDGET Top Line Report As of June 30, 2016 As of 6/30/16 FY16/17 ApprovedApproved Amended Previous Actual to Proposed FinalBudgetBudget BudgetYear to Date Date Budget 2014-15 2014-152015-16 2015-165/31/155/31/16 Notes Revenues: 95% of the expected tax revenue (full amount is 798,975 $841k) at 1.0000 625,741 621,828 692,831 692,831603,473 680,167 AD VALOREM TAXES & INTR. $5000 = Grant $27,000 = Guidebook Ads Add Sponsor income as it is 32,000 84,872 90,143 62,000 77,793 76,837 79,288 raised SPONSORSHIP RAISED 830,975 Total Revenues710,613711,971754,831772,119681,266757,004 Expenditures DEVELOPMENT DDA DISTRICT ECONOMY Visitor Center Redo, All PR, Marketing/Advertising 228,893233,114297,560 TOTAL MARKETING DDA DISTRICT245,300284,685189,744208,209 and Programs/Events Research Studies, Visitor Center Support, Surveys, Newsletter, Welcome Kit, Ped Counts, Annual Report, Econ 35,21446,63882,850 RESEARCH and ECONOMIC DEVELOPMENT56,95062,85020,25621,324 Develop Programs Banners, Lights, Parking 71,96971,523105,000 PLACE MAKING/CLEAN AND SAFE90,00094,00044,73054,317 Program, Signage. WIFI 61,31561,32540,000 50,00050,25055,82545,250 WARC, PGAD, DBMC DDA DISTRICT GRANTS 397,391412,599310,555525,410 TOTAL BUSINESS DEVELOPMENT442,250491,785329,100 Payroll (3 fulltime), insurance, tax, retirement, workmans 235,900219,688216,280 Payroll Expenses227,440171,852152,548104,240 comp Auditor, Bookkeeping, 41,31136,27145,301 Operational Expenses39,41359,07143,72432,859 Conf/Training, Deferred, Legal Office supplies, rent, phones, 38,55038,09537,628 Office Expenses38,80043,10826,71725,565 etc 315,762294,055299,209 Total Admin. Expenses305,653274,031222,989162,664 710,613711,971830,975 Total Revenues754,831772,119681,266757,004 713,152706,654824,619 Less Total Expenses747,903765,816533,544491,764 (7,539)5,3176,356 Net Income for year6,9286,303147,722265,240 Raised Revenues - Private 84,87290,143 62,00077,79376,837 SPONSORSHIP RAISED 1,300 017,991 IN KIND REVENUES 86,17290,143 Total Raised Revenues62,00077,79394,828 DowntownDelrayBeach.com June 13, 2016 BOARD OF DIRECTORS Mark Denkler Chair To: Jack Warner, Chief Financial Officer Vince Canning Shoes City of Delray Beach Frank Frione Vice-Chair GFA International, Inc RE: Delray Beach Downtown Development Authority Meeting June 13, 2016 Albert Richwagen Secretary At the regular Downtown Development Authority (DDA) meeting held June Bonnie Beer Treasurer 13, 2016 the Board unanimously approved the 1 mil Valuation Assessment Caffe Luna Rosa request. Ryan Boylston Woo Creative The 2016-2017 budget will be approved at the DDA Board meeting to be held Alan Costilo on August 8, 2016 then forwarded to the City. Seabron A. Smith The DDA will present the Fiscal Year 2016/17 budget to the public at the TED Center September 8, 2016 City Commission Meeting as part of the City Budget Approval Public Hearing. __ ________________________ Mark Denkler, Chair June 13, 2016___________________ Date cc: DDA Board of Directors Laura Simon, Executive Director Donald Cooper, Delray Beach City Manager (561) 243-1077 Fax: (561) 243-1079 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-662,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 APPROVAL OF RANKING OF FIRMS FOR EMPLOYEE BENEFITS AND AUTHORIZATION TO NEGOTIATE WITH THE TOP RANKED FIRM FOR EACH EMPLOYEE BENEFIT Recommended Action: Motion to Approve the ranking for Employee Benefits and authorization to enter into Agreement negotiations with the top ranked firms, United Healthcare Group, Inc., Metropolitan Life Insurance Company, EyeMed Vision Core LLC, Life Insurance Company of North America d/b/a Cigna, OptumHealth, which is wholly-owned subsidiary of United Healthcare Group. On March 07, 2016 a Request for Proposals RFP No. 2016-076 was issued to obtain proposals from firms for the Employee Benefits. Fifteen companies responded with seven proposals for group health, six proposals for dental, eight proposals vision, six proposals for short-term disability (STD) and long- term disability (LTD), four proposals for health reimbursement (HRA) and flexible spending account (FSA) administration , four proposal for family medical leave act (FMLA) administration, and three proposals for employee assistance program (EAP) benefits (as shown on the attached). UnitedHealthcare Group submitted for EAP Services through OptumHealth, a wholly-owned subsidiary of UnitedHealthcare Group. The selection committee conducted an in-depth review of the proposals for each type of benefit that included presentations from five short-listed firms for group health benefits and the top ranked firms for Dental and Vision. The proposals were evaluated based on the criteria in the RFP. The administration of the FMLA policy through the disability carrier as proposed by Life Insurance Company of NA/Cigna will be an additional annual cost of $12,947.00 for a three (3) year term; United Healthcare, Metropolitan Life and EyeMed Vision Core submitted multiple options in their proposals for vision benefits, and several health benefit firms quoted a variety of added services. Therefore, the selection committee is requesting approval of the ranking for each benefit as shown below and authorization to enter into negotiations with each top ranked firm to finalize the scope of benefit services and related costs. Employee Benefit(s)Top Ranked Firm Health, HRA/FSAUnitedHealthcare Group Inc. DentalMetropolitan Life Insurance Company VisionEyeMed Vision Core LLC STD-LTD, FMLALife Insurance Company of NA / Cigna EAPOptumHealth, a wholly-owned subsidiary of UnitedHealthcarethcare Group City of Delray BeachPage 1 of 2Printed on 7/8/2016 powered by Legistar™ File #:16-662,Version:1 The combined total for all employee benefits will be a not-to exceed $8,998,332 for a three (3) year term, should the Commission approve an employer paid Short Term Disability benefit; or $9,126,957 for a three (3) year term, should the Commission approve an employee paid (voluntary) Short Term Disability Benefit. This amount includes the costs for the dental and vision plans which are fully funded by the employees; the City does not make a contribution toward the premium costs for these two benefit plans. This motion is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02 (A)(2), "Method of Acquisition, Request for Proposals, Requests for Qualifications, Requests for Letters of Interest" and 36.03(B), "City Commission Approval, Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department has not approved this item. Funding Source: Funding is available from Medical -Funding shared between the City and the Employees Claims / Claims Handling551-1576-591-45.20 Individual Stop Loss551-1576-591-45.36 Aggregate Stop Loss551-1576-591-45.35 EAP -City Funded551-1576-591-31.90 Vision - Employee Funded551-1576-591-45.49 Dental - Employee Funded551-1576-591-45.43 Long Term Disability -City Funded551-1576-591-45.44 Short Term Disability-City Funded Employee Funded New Offering, no funding code at this time FMLA Administration New Offering, no funding code at this time Timing of Request: The new contract needs to be implemented by October 1, 2016, the beginning of the City’s new plan year. City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ $25,000andabove 4 4 Broward Sheriff October2016 3years Employee Health Benefits and enter into contract negotiations -contracts not to exceed · $10,730,966 for a three (3) year term, should the Commission approve an employee paid Short-Term Disability Benefit; or · $10,676,966 for a three (3) year term, should the Commission approve an employer paid Short-Term Disability benefit. The submitted bids included, at an additional cost to the City, the administration of City’s Family and Medical Leave (FMLA) policy, through the disability carrier, for an additional annual cost of $12,947 for a three (3) year term. · United Health Care - Health, FSA, HRA · Metlife - Dental · EyeMed - Vision · Cigna - Short & Long Term Disability, FMLA · Optimum - EAP 11505 Fairchild Gardens Avenue, Suite 202 Palm Beach Gardens, Florida 33410 (561) 626-6797 / (800) 244-3696 (561) 626-6970 Fax www.gehringgroup.com NOTES: 28 NOTES: 29 NOTES: 30 Proposals Received RFP No. 2016-76 Health Aetna AmWins Group Life Insurance Company dba Cigna Hawaii Mainland Administrators Humana UnitedHealthcare SunLife Financial Dental Aetna Life Insurance Company dba Cigna Humana Metropolitan Life Solstice UnitedHealthcare Vision Aetna Life Insurance Company dba Cigna EyeMed Humana Metropolitan Life National Vision Administrators Solstice United Short-Term & Long-Term Disability Aetna Life Insurance Company dba Cigna Mutual of Omaha Metropolitan Life Ochs, Inc. UnitedHealthcare Employee Assistance Program Aetna Life Insurance Company dba Cigna OptumHealth Flex Spending Administration Aetna Life Insurance Company dba Cigna UnitedHealthcare Wage Works FMLAAdministration Aetna Cigna Met Life United Agenda Summary Supplemental Medical Plan Administration, Reinsurance, Health Reimbursement Account Administration & Flexible Spending Account Administration. Scores for the short-listed firms are as follows: VendorAmWins GroupCigna HealthCareUnited Healthcare Score405442549 Further breakdown of the medical program as proposed by the highest ranking firm: Medical ProgramCurrent CostProposed CostCost Difference Medical Plan & HRA $309,687$301,276($8,411) Administration Specific$556,802$643,474$86,672 Reinsurance Aggregate$54,645$51,467($3,187) Reinsurance Maximum Claims $8,948,666$7,531,616($1,417,050) Cost FSA Administration$6,600$6,800$200 TOTAL$9,876,400$8,534,633($1,341,767) The proposed maximum claims cost of $7,531,616 is consistent with City claim’s experience over the past three-year period. The proposed program also includes many enhancements that will benefit the employees and their dependents such as: Lower out-of-pocket expenses maximums Lower coinsurance requirements Low copayments to see physicians and specialists Low prescription drug copayments In addition, United Healthcare is providing the City will wellness funds, employee claims advocacy services, weight loss support programs, and personal health support services. United’s network of providers is nationwide and open access (no referrals) with minimal to no disruption of existing providers. Voluntary (Employee Paid) Dental. Score for the short-listed firm is as follows: VendorMetLife Score275 Further breakdown of the dental program as proposed by the highest ranking firm: Dental ProgramCurrent CostProposed CostCost Difference TOTAL$252,823$201,575($51,248) 1|Page Employees enrolled in the dental HMO plans will see a 38% reduction in their payroll deductions with some reduced copayments and participating dental providers. Employees enrolling in the dental PPO plan will have a 9% increase in their payroll deductions; however, the proposed dental PPO plan will include both child and adult orthodontia services that is currently not covered under the current plan and has been requested by many employees. Voluntary (Employee Paid) Vision. Scores for the short-listed firm isas follows: VendorEyeMed Vision Core Rank274 Further breakdown of the vision program as proposed by the highest ranking firm: Vision ProgramCurrent CostProposed CostCost Difference TOTAL$50,989$47,405($3,584) EyeMed provided overall savings to the employees’ payroll deductions in addition they have an enhanced frame allowance and contact lens allowance which will reduce the employees’ out-of-pocket expenses for glasses and contacts. The proposed premiums are guaranteed for 48 months. Disability Insurance Cigna Group Insurance was lowest overall cost for submission of City paid long term disability, employee paid or City paid short term disability coupled with FMLA (Family Medical Leave Act) administrative services. There are two options for consideration: Option One (City Paid Short Term Disability) DisabilityCurrent CostProposed CostCost Difference Short Term Not Offered$121,375$121,375 Disability Long Term $64,301$64,301$0 Disability FMLAAdministered by $12,947$12,947 Administration*City TOTAL$64,301$198,623$134,322 *FMLA Administration services can be included or not included in either option. Option Two (Employee Paid Short Term Disability) DisabilityCurrent CostProposed CostCost Difference Short Term Not Offered$250,000$250,000 Disability Long Term $64,301$64,301$0 Disability FMLAAdministered by $12,947$12,947 2|Page Administration*City TOTAL**$64,301$327,248$262,947 *FMLA Administration services can be included or not included in either option. **It is important to note that this option would not include City funding for the short term disability plan. Employees would have a payroll deduction for this insurance which would vary based upon age and weekly earnings. The proposed short term disability insurance plan either City paid or employee paid would pay an employee 60% of their weekly earnings to a maximum of $1,000 per week. The benefit duration would be 9 weeks with a 1-week elimination period. Once the benefit duration is exhausted and there was continued need the employee would transition to the City’s long term disability plan. Should the City decide not to implement FMLA administration services it would be an additional savings of approximately $12,947. Employee Assistance Program Optum Health was selected to provide the employee assistance program as it can integrate with the medical plan with United Healthcare. EAP ProgramCurrent CostProposed CostCost Difference TOTAL$23,532$16,096($7,436) Medical –Funding is shared between the City and the employee Claims 551-1576-591-45.20$ 8,786,886 Claims handling 551-1576-591-45.36$ 301,276 Individual Stop Loss 551-1576-591-4535$ 643,474 Aggregate Stop Loss EAP –City funded551-1576-591-31.90$ 17,410 Vision–Employee funded551-1576-591-45.49$ 47,410 Dental –Employee funded551-1576-591-45.43$ 309,100 Long Term Disability–City funded551-1576-591-45.44$ 104,000 Short Term Disability City funded$ 121,375 New offering (coverage for all No funding code at this time Employee funded full-time employees) $ 250,000 (based on an estimated enrollment of 50% of full time employees) FMLA Administration New offering$ 12,900 No funding code at this time 3|Page City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-693,Version:1 TO:Mayor and Commissioners FROM:Donald B. Cooper, City Manager DATE:July 12, 2016 RFP FOR CITY ATTORNEY LEGAL SERVICES Recommended Action: Motion to Approve the RFP for City Attorney Legal Services and authorize the posting of the RFP. Background: Please find the attached RFP incorporating the various changes requested by the Commission. Upon approval and authorization the City will post the RFP in the following: 1.City’s Website 2.Florida League of Cities Website 3.Florida Bar-Palm Beach County Government Attorneys 4.Palm Beach County Bar Association 5.Broward County Bar Association 6.Hispanic National Ba Association (Region 8, Orlando) 7.Hispanic Bar Association of Palm Beach County 8.Caribbean Bar Association 9.South Asian Bar Association of FL 10.Puerto Rican Bar Association of FL Other locations requested by the Commission. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Timing of Request: This item is time sensitive. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-690,Version:1 TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: JULY 12, 2016 DESIGNATION OF VOTING DELEGATE Recommended Action: th Designate the City's voting delegate to the Florida League of Cities’ 90 Annual Conference to be held at the Diplomat Resort in Hollywood, Florida on August 18-20, 2016. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-689,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 DESIGNATION OF A CHAIR AND VICE CHAIR TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD Recommended Action: Designate a Chair and Vice Chair to the Community Redevelopment Agency Board. Background: FloridaStatutesChapter163.356(c)statesthatthegoverningbodyofamunicipality(i.e.theCity Commission)istodesignatetheChairandViceChairoftheCommunityRedevelopmentAgency (CRA)Board.TheCRABoardappointsitsownFirstViceChairandTreasurer.TheCity'sLand DevelopmentRegulations(LDR),Section8.1.1(B)(3),statethattheCommissionshalldesignatethe stst Chair and Vice Chair on an annual basis, with the terms beginning on August 1 and ending July 31. ReginaldCoxisthecurrentChair,CathyBalestriereisthecurrentViceChair,JosephBernadelisthe First Vice Chair, and the Treasurer seat will be filled at the July 28, 2016 CRA Board Annual Meeting. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 6/16 Jeff Costello Executive Director of CRA TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/01/2018 Cathy Balestriere, Vice Chair Managing Director Appt 06/17/14 07/01/2017 Joseph Bernadel, First Vice Chair Chief Operating Officer Appt 06/18/13 07/01/2017 Reginald Cox, Chair Architect / Chief Building Official Appt 07/09/13 07/01/2019 Daniel Rose Attorney Appt 06/16/15 07/01/2017 Herman Stevens Attorney Appt 06/16/09 Reappt 06/18/13 07/01/2020 Dedrick Straghn Attorney Reg Appt 06/07/16 07/01/2017 Paul Zacks Attorney Appt 07/25/13 S/City Clerk/Board 16/CRA Contact person: Jeff Costello 276-8640 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-663,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD Recommended Action: Recommend nominations for appointment for five (5) regular members to serve on the Education Board for two (2) year terms ending July 31, 2018. Background: ThetermforregularmembersMs.MercieAlcindor,Ms.AngelaBurns,Mr.JervonteEdmonds,Mr. JeremyOfficeandMs.MichelleQuigleywillexpireonJuly31,2016.Ms.MercieAlcindorwillhave servedone(1)fullterm,iseligible,andwouldliketobenominatedforreappointment.Ms.Michelle QuigleyandMr.JeremyOfficewillhaveservedone(1)fulltermandwouldnotliketobenominated forreappointment.Mr.JervonteEdmondswillhaveservedanunexpiredterm,iseligible,andwould liketobenominatedforreappointment.Ms.AngelaBurnswillhaveservedtwo(2)fulltermsandis noteligibleforreappointment.Nominationsforappointmentareneededforfive(5)regularmembers to serve two (2) year terms ending July 31, 2018. MembersoftheEducationBoardmustbearesidentoftheCity,ownproperty,ownoroperatea businesswithintheCityorhaveachildattendingDelrayBeachpublicschools.Itistheintent, wheneverpossible,thatthemembershipincludepersonswithabackgroundinbusiness,realestate and/or education. Thefollowingindividualshavesubmittedapplicationsandwouldliketobeconsideredfor appointment: (See Exhibit “A” attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registration verification was completed and all are registered. Basedontherotationsystem,thenominationsforappointmentwillbemadebyMayorGlickstein (Seat#5),CommissionerPetrolia(Seat#1),ViceMayorJacquet(Seat#2),CommissionerKatz(Seat #3)andDeputyViceMayorJarjura(Seat#4)forfive(5)regularmemberstoservetwo(2)yearterms ending July 31, 2018. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ EDUCATION BOARD EXHIBIT A Incumbent Mercie Alcindor Educator / Incumbent Jervonte EdmondsReal Estate Associate/ Philip Friedman Retired Assistant Director Sharese Gillard Educator / Mortgage Broker & Realtor Margarita Kaufman Educator Raiko Knight Educational Leadership / Psychologist / School Counseling (also applying to the Police Advisory Board) Edward Whalen Retired Educator Gregory Wicklman Finance / Marketing (also applying to the Police AdvisoryBoard) EDUCATION BOARD 6/16 TERM EXPIRESNAME & ADDRESSOCCUPATION 07/31/2016Mercie AlcindorEducator Appt 07/15/14 07/31/2016Angela BurnsEducator Unexp Appt 11/15/11 Reappt 07/17/12 Reappt 07/01/14 07/31/2017Cathy DeMatto, 2 nd Vice ChairDevelopment Consultant Appt 08/06/13 Reappt 07/14/15 07/31/2016Jervonte EdmondsReal Estate Associate Reg Appt 10/20/15 07/31/2016Jeremy OfficeCertified Financial Planner Appt 4/01/14 07/31/2017Daryl PaulingEducator Unexp Appt 10/01/13 Reappt 07/14/15 07/31/2016Michelle QuigleyEducator Appt 4/01/14 07/31/2017Drew Tucker Director of Education and Outreach Reg Appt 07/14/15 7/31/2017Barbara StarkEducator 07/31/2017Joyce WarnerEducator Appt 07/25/13 Reappt 07/14/15 07/31/2017Bryan Weber, ChairAttorney Unexp Appt 07/14/15 STUDENT MEMBERS (one term limit) 7/31/2017Nikkie Dugan Student Appt 10/07/14 Reappt 07/14/15 2 YEAR TERM 7/31/2017Neeharika MadalaStudent Appt 2/16/16 1 YEARTERM S/City Clerk/Board 2016/Education Board Contact:Janet Meeks 243-7231 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-664,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD Recommended Action: Recommend nominations for appointment for five (5) regular members to serve on the Police Advisory Board for two (2) year terms ending July 31, 2018. Background: ThetermforregularmembersMr.MichaelCaruso,Ms.WyanaClaxton,Ms.EllenMajor-Hannaand Ms.PatriciaWestallwillexpireonJuly31,2016.Mr.MichaelCarusoandMs.PatriciaWestallwill haveservedanunexpiredterm,areeligible,andwouldliketobenominatedforreappointment.Ms. EllenMajor-Hannawillhaveservedone(1)fullterm,iseligible,andwouldliketobenominatedfor reappointment.Ms.WyanaClaxtonwillhaveservedtwo(2)fulltermsandisnoteligiblefor reappointment.Inaddition,thereisavacancyduetotheresignationofMs.AshleyRidley. Nominationsforappointmentareneededforfive(5)regularmemberstoservetwo(2)yearterms ending July 31, 2018. Inordertoqualifyforappointment,apersonshallbeeitheraresidentof,ownproperty,owna business,orbeanofficer,director,ormanagerofabusinesslocatedwithintheCityofDelrayBeach. Membershipshallincludeadiversecrosssectionofthecommunity;businessowners,religiousand faith based organizations, youth, school officials and local organizations, where feasible. Thefollowingindividualshavesubmittedapplicationsandwouldliketobenominatedfor appointment: (See Exhibit “A” attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registration verification was completed and all are registered. Based on the rotation system, nominations for appointment will be made by Commissioner Katz (Seat #3), Deputy Vice Mayor Jarjura (Seat #4), Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and Vice Mayor Jacquet (Seat #2) for five (5) regular members to serve two (2) year terms ending July 31, 2018. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ POLICE ADVISORYBOARD EXHIBIT A Incumbent Michael Caruso Resident / Raiko Knight Resident(also applying to the Education Board) Incumbent Ellen Major-Hanna Resident/ Richard Sachs Resident Susan Sikich Resident(alsoapplying to the Police & Fire Fighters Retirement System Board of Trustees) Incumbent Patricia Westall Resident/ Gregory Wicklman Resident (also applying to the Education Board) POLICEADVISORY BOARD 6/16 NAME & ADDRESS TERM EXPIRES 07/31/16Michael Caruso Unexp Appt 07/14/15 07/31/17Jack Chadam, Vice Chair Unexp Appt + 2 yr 05/21/13 Reappt 07/14/15 07/31/17Alexander Christopher Reg Appt 07/14/15 07/31/16Wyana Claxton Unexp Appt 08/16/11 Reappt 07/17/12 Reappt 07/15/14 07/31/17Michael Costin, Chair Appt 08/06/13 Reappt 07/14/15 07/31/17John Jackson Unexp Appt 12/03/2013 Reappt 7/14/15 07/31/16Ellen Major-Hanna Appt 07/15/14 07/31/16Vacant Unexp Appt 07/14/15 07/31/16Patricia Westall Unexp Appt 07/14/15 07/31/18Mack Steven Unexp Appt 2/23/16 + 2yrs 07/31/17Peter Sclafani Unexp Appt 2/23/16 07/31/15Vacant (Student) 07/31/16Vacant (Student) S/City Clerk/Board 16/Police Advisory Board Contact: Yolaina Ruiz243-7056 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-665,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD Recommended Action: Recommend nominations for appointment for four (4) regular members to serve two (2) year terms ending July 31, 2018. Background: ThetermforregularmembersMr.StevenBlackwood,Ms.ShirlFields,Mr.KevinRouseandMs. CarolynPendelton-ParkerwillexpireonJuly31,2016.Mr.StevenBlackwoodwillhaveservedan unexpiredtermandwouldnotliketobenominatedforreappointment.Ms.ShirlFieldswillhave servedone(1)fullterm,iseligible,andwouldliketobenominatedforreappointment.Mr.Kevin RouseandMs.CarolynPendelton-Parkerwillhaveservedtwo(2)fulltermsandarenoteligiblefor reappointment.Nominationsforappointmentareneededforfour(4)regularmemberstoservetwo (2) year terms ending July 31, 2018. TheLandDevelopmentRegulationsArticle8.5enactedthePublicArtAdvisoryBoardforthepurpose ofadvisingandmakingrecommendationstotheCityCommissionwithrespecttopublicartpolicy andrelatedissuesincluding,butnotlimitedto,theselection,constructionandplacementofpublicart in/on City right-of-way and City owned property. ThePublicArtAdvisoryBoardshallconsistofseven(7)members.Three(3)seatsontheBoard mustbefilledwitheitheranartist,architect,landscapearchitectorengineer.Laypersonsof knowledge,experienceandjudgmentwhohaveaninterestinpublicartshallmakeupthebalanceof the Board. Thefollowingindividualshavesubmittedanapplicationandwouldliketobenominatedfor appointment: (See Exhibit “A” attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registration verification was completed and all are registered. Basedontherotationsystem,thenominationsforappointmentwillbemadebyMayorGlickstein (Seat#5),CommissionerPetrolia(Seat#1),ViceMayorJacquet(Seat#2)andCommissionerKatz (Seat #3) for four (4) regular members to serve two (2) year terms ending July 31, 2018. City of Delray BeachPage 1 of 2Printed on 7/8/2016 powered by Legistar™ File #:16-665,Version:1 City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ PUBLIC ART ADVISORY BOARD EXHIBIT A Applicant with experience in the professions required: Robert Long Engineer Anita Lovitt Public Artist Applicants interested in being a Layperson: Incumbent Shirl FieldsJewelry Designer/Retired/ Gregory George Attorney Bridgette Hill Cosmetology Amy Holland Retired/Free Lance Designer Neil Ptashkin Marketing & Advertising Christina Wood Managing Editor of Art & Culture Magazine PUBLIC ART ADVISORY BOARD 6/16 TERM EXPIRESREGULAR MEMBERSOCCUPATION 07/31/2017Daniel Bellante, ChairBusiness Owner Unexp Appt 03/20/12 Reappt 07/09/13 Reappt 07/07/15 07/31/2016StevenBlackwood Sculptor/Artist Unexp Appt 04/06/15 07/31/2017Diane Carter Photography/Artist Reg Appt 07/14/15 07/31/2017Marianne ReganHuman Resources Assistant Unexp Appt 5/17/16 07/31/2016Shirl FieldsJewelry Designer/Retired Reg Appt 07/15/14 07/31/2016Kevin RouseArtist/Photographer Reg Appt 07/17/12 Reappt 07/01/14 07/31/2016Carolyn Pendelton-Parker, Vice ChairLandscape Architect Reg Appt 08/07/12 Reappt 07/01/14 S/City Clerk/Board 16/Public Art Advisory Board Contact: Alberta Gaum561-243-7136 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-678,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: July 5, 2016 NOMINATIONS FOR APPOINTMENT TO THE POLICE AND FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES Recommended Action: Recommend nominations for appointment for two (2) regular members to serve temporary terms ending September 2016. Background: Thetermforregularmember,Mr.AdamFrankel,willexpireJune30,2016.Mr.Frankelwillhave servedtwo(2)fulltermsandisnoteligibleforreappointment.Inaddition,thetermforregular memberMr.AlanKirschenbaumhasalreadyexpired.Mr.Kirschenbaumwillhaveservedtwo(2)full termsandisnoteligibleforreappointment.Nominationsforappointmentareneededfortwo(2) regular members to serve temporary terms ending September, 2016. InaccordancewithSection33.65(A)(2)oftheCityCode,theCityCommissionappointstwo(2) publicmemberstotheBoardofTrustees.Allmembersmustbeeitheraresidentof,ownproperty, ownabusiness,orbeanofficer,director,ormanagerofabusinesslocatedwithintheCityofDelray Beach. All appointees must take an oath of office. Thefollowingindividualshavesubmittedapplicationsandwouldliketobenominatedfor appointment: (See Exhibit “A” attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registration verification was completed and all are registered with the exception of Mr. Alfred Doctor. Basedontherotationsystem,thenominationforappointmentwillbemadebyDeputyViceMayor Jarjura(Seat#4)andMayorGlickstein(Seat#5)fortwo(2)regularmemberstoservetemporary terms ending September, 2016. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES EXHIBIT “A” Alfred Doctor Senior Solution Architect / Technology Manager for the City of Delray Beach / Owner of DRP Global Solutions, LLC –Manage Services and consulting Firm Jay Harowitz Certified Financial Planner / Chartered Retirement Planning Counselor(also applying to the General Employees Retirement Committee) Thomas MacManus Senior Executive –Lender, Real Estate Investment & Mortgage Banking(also applying to the General Employees Retirement Committee) Susan Sikich Event Planning& Fundraising/ Special Education Teacher/ Fitness Instructor(also applying to the Police Advisory Board) Jeff SnyderCertified Public Accountant / Assistant Chief Financial Officer Dudley Veillard Certified Nursing Assistant & Home Health Aid / D Licensed Security Certified POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES (*No Term Limits) 6/16 TERM EXPIRESREGULAR MEMBERSAPPT BY *IndefiniteDanielle ConnorServing as Fire Fire ChiefChief Appt 01/01/12 Fire Department *IndefiniteThomas MitchellServing for Police CaptainPolice Chief Police Department 04/22/2017VacantCity Commissioners (2 yr term) 04/22/2017 Lieutenant Scott PriviteraPolice Dept Police Department Appt 12/2011 Reappt 04/2013 Reappt 04/15/2015 06/30/2016Adam Frankel, ChairCity Commissioners Unexp 05/05/09 Reappt 05/25/10 Reappt 05/15/12 Reappt 06/17/14 04/22/2018Scott McGuire Police Dept Police Department Unex Appt 02/24/15 Reappt 04/13/16 04/22/2017Paramedic. Craig MahoneyFire Dept Fire Department Unexp Appt 04/2014 Reg Appt 3/26/15 04/22/2018Gregory Giaccone –Vice ChairmanFire Dept Fire Department Appt 03/12/12 Reapp 04/13/14 Reapp 04/08/16 *IndefiniteJack Warner (sitting member)Mayor Appt 12/01/13 S/City Clerk/Board 16/Police & Fire Pension Board of Trustees Contact: Anne Woods Home 276-0512 (Office/fax) 243-4707 delrayp-f@comcast.net City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-682,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 NOMINATION FOR APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT COMMITTEE Recommended Action: Recommend nomination for appointment for one (1) regular member to serve on the General Employees Retirement Committee for an indefinite term. Background: Mr. Vincent P. Dole, regular member of the General Employees Retirement Fund Committee, resigned effective July 10, 2016. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an indefinite term. Section35.105oftheCodeprovidesthattheplanwillbeadministeredbytheRetirementCommittee consistingoffivemembers.OnemembershallbetheFinanceDirectoroftheCity.TheCommission appointsfourmembers,threeofwhommay,butneednot,beemployeesoftheCityandonethat may,butneednot,beanemployeeoftheCityortheMayororCityCommissioner.Eachappointed member serves until a successor is appointed in like manner. Thefollowingindividualshavesubmittedanapplicationandwouldliketobenominatedfor appointment: (See Exhibit "A" attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Katz (Seat #3) for one (1) regular member to serve on the General Employees Retirement Fund Committee for an indefinite term. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ GENERAL EMPLOYEESRETIREMENT COMMITTEE EXHIBIT “A” Jay Harowitz Certified Financial Planner / Chartered Retirement Planning Counselor(also applying to the Police & Fire FightersRetirement System Board) Thomas MacManus Senior Executive –Lender, Real Estate Investment & Mortgage Banking(also applying to the Police & Fire FightersRetirement System Board) GENERAL EMPLOYEES RETIREMENT COMMITTEE 1/16 TERM EXPIRESREGULAR MEMBERS James Smith Appt 01/04/11 Appt 06/16/09 Vacant Stephen R. Swank, Chair Appt 02/06/01 *Teresa Cantore Appt 11/19/14 Francine Ramaglia Appt 6/17/14 Contact: Karen Schell243-7116. S/City Clerk/Board 16/General Employees Retirement Per Section 35.105(A)(1), “Administration by Retirement Committee” * City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-687,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD Recommended Action: Recommend nomination for appointment for one (1) regular member to serve on the Green Implementation Advancement Board for a two (2) term ending July 31, 2018. Background: ThetermforregularmembersMr.FrederickKaubandMs.NancyRichardswillexpireonJuly31, 2016.Mr.FrederickKaubandMs.NancyRichardswillhaveservedone(1)fullterm,areeligible,and wouldliketobenominatedforreappointment.Nominationforappointmentisneededforone(1) regular member to serve a two (2) year term ending July 31, 2018. OnJuly21,2009,theDelrayBeachCityCommissionadoptedResolutionNo.24-09establishingthe GreenImplementationAdvancementBoardforthepurposeofmakingrecommendationstotheCity CommissionregardingwaystoimprovetheenvironmentalsustainabilityofCityprograms,services, equipmentandfacilities;strategiesforimprovingtheenvironmentalsustainabilityofthecommunity; incentivesforresidents,businesses,andorganizationstopracticeenvironmentalconservation includingrecycling;proposedmeanstoenhancewaterandenergyconservation;ideasforpromotion oftreeplantingandxeriscaping;bestpracticestobeconsideredforimplementationinDelrayBeach, includinglong-termstrategies;andproposedrevisionstoCityordinancestoaddressGreen technologies. TheGreenImplementationAdvancementBoardshallconsistoffive(5)regularmembersandtwo(2) alternatemembers.Allmembersshallhaveexpertiseoraninterestinenvironmentalconservation andsustainabilityandshallberesidentsoforownpropertyintheCity,ownabusinesswithinthe City, or be an officer, director, or manager of a business located within the City. Thefollowingindividualshavesubmittedapplicationsandwouldliketobenominatedfor appointment: (See Exhibit “A” attached) Acheckforcodeviolationsand/ormunicipallienswasconducted.Nonewerefound.Voter registration verification was completed and all are registered. City of Delray BeachPage 1 of 2Printed on 7/8/2016 powered by Legistar™ File #:16-687,Version:1 Basedontherotationsystem,thenominationforappointmentwillbemadebyViceMayorJacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending July 31, 2018. City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT “A” Incumbent Frederick KaubProfessional Geologist, Licensed Asbestos Consultant/ Doris MuscarellaPublic Relations & Marketing Incumbent Nancy Richards Elder Mediation Specialist / GREEN IMPLEMENTATION ADVANCEMENT BOARD 7/16 TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2017 Giulia Pace Vice President/Investment Research Unexp Appt + 2 yr. 02/19/13 Reappt 07/07/15 07/31/2018 Bruce Bastian, Vice Chair Business Development Manager Unexp Alt Appt 05/20/14 Appt Reg 07/15/14 Reappt 07/05/16 07/31/2016 Frederick Kaub President Environmental Services Unexp Alt Appt 06/03/2014 Reg Appt 07/15/14 07/31/2017 Cynthia (Cindi) Freeburn Business Owner Apt 07/07/15 07/31/2018 Robert Long Civil Engineering Reg Appt 07/05/16 07/31/2016 Nancy Richards Elder Mediation Specialist Appt 7/15/14 ALTERNATES MEMBERS 07/31/2017 Sandy Trento Educator Unexp Appt 11/03/15 07/31/2017 Katherine Lembovski Finance Unexp Appt 10/07/14 Reappt 08/11/15 S/City Clerk/Board 16/Green Implementation Advancement Board Contact: Ana Puszkin-Chevlin 561-243-7324 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-713,Version:1 TO: Mayor and Commissioners FROM: Janice Rustin, Interim City Manager DATE: July 12, 2016 RE-EXERCISE OFTHE CITY’S RECONVEYANCE RIGHT TO ABANDONED ALLEYS WITHIN THE ATLANTIC CROSSING PROJECT(ADDENDUM) Recommended Action: Motion to Re-Exercise the City’s reconveyance rights, upon a second default, pursuant to the “Declaration of Reserved Rights and Agreement Not To Encumber the Abandoned Alley” executed by the City on February 24, 2009. Background: Based on the agreement described above, the City may again exercise its Reconveyance Right for the Abandoned Alley for additional grounds. Specifically, the Developer has failed to timely comply with the section of the agreement that requires the Developer to construct Relocated 7th Avenue to the No Turning Back Point by the No Turning Back Deadline. The No Turning Back Deadline was May 22, 2016 (1,095 days after the Site Plan Certification Date which was May 23, 2013). Under the terms of the agreement, the City has until sixty (60) days after the No Turning Back Deadline (or until July 22, 2016), or five (5) days following delivery of the Reconveyance Right Expiration Notice by the Developer, whichever is later, to execute the City’s Reconveyance Right to the abandoned alley. The City initially exercised its Reconveyance Right under the agreement on August 26, 2015. Subsequently, on April 25, 2016, the City demanded recording of the Special Warranty Deed for the Abandoned Alley and submitted the required Relocated 7th Avenue Termination Certificate. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 1Printed on 7/11/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-711,Version:1 TO: Mayor and Commissioners FROM: Janice Rustin, Interim City Attorney DATE: July 12, 2016 TH EXERCISE THE CITY’S RECONVEYANCE RIGHTS TO VACATED N.E. 7 AVENUE WITHIN THE ATLANTIC CROSSING PROJECT (ADDENDUM) Recommended Action: th Motion to Exercise the City’s reconveyance rights to vacated 7 Avenue, pursuant to the “Declaration th of Reserved Rights and Agreement Not To Encumber N.E. 7 Avenue” executed by the City on February 24, 2009. Background: Based on the terms of the agreement described above, the City may now exercise its Reconveyance Right for Vacated 7th Avenue. The Developer has failed to timely comply with the section of the th agreement which requires the Developer to construct Relocated 7 Avenue to the No Turning Back Point by the No Turning Back Deadline. The No Turning Back Deadline was May 22, 2016 (1,095 days after the Site Plan Certification Date which was May 23, 2013). Under the terms of the agreement, the City has until sixty (60) days after the No Turning Back Deadline (or until July 22, 2016), or five (5) days following delivery of the Reconveyance Right Expiration Notice by the th Developer, whichever is later, to execute the City’s Reconveyance Right to vacated NE 7 Avenue. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 1Printed on 7/11/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-706,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 RESOLUTION NO. 28-16: STORMWATER ASSESSMENT Recommended Action: Motion to Approve Resolution No. 28-16 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2017 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. Background: The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $63.96 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 28-16 as Exhibit “A”. The rate structure with condominium factors is attached to the resolution as Exhibit “B”. The assessment roll will be available for review in the Commission Chambers at the July 12th meeting. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ RESOLUTION NO. 28-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING;PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLLIN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THECITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21-90,which provides for the creation and establishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance andexpansion of the stormwater management system; and WHEREAS, Chapter 56 of the Codeof Ordinances of the City of Delray Beach establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 56 of the Codeof Ordinances of the City of Delray Beach provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 56 of the Codeof Ordinances of the City of Delray Beach provides that such budget shall include, but not be limitedto, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 2017, is set forth in Exhibit “A” and is established in conformity with the requirements of Ordinance No.21- 90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the stormwater management assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for stormwater management assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the Codeof Ordinances of the City of Delray Beach, and as further set forth in Exhibit “B” to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and,if, upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore. RES. NO. 28-16 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2.That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit “A” hereto which is incorporated herein. Section 3. That the City Commission does hereby adopt, after public hearing, the rates as set forth in Exhibit “B” hereto which is incorporated herein. Section 4.That the City Commission hereby adopts and certifies the Stormwater Management Assessment Roll. Section 5.This resolution shall take effect immediately upon its adoption. th PASSED AND ADOPTED in regular session on this the 12day of July, 2016. ___________________________________ ATTEST: M A Y O R ____________________________ City Clerk RES. NO. 28-16 3 EXHIBIT “B” TO RESOLUTION NO. 28-16 PropertyTotal 12 Month DescriptionRate Structure Assessment Single Family Residential($5.33/Mo./ERU) (12 Mo.) (1 ERU) $ 63.96 Condominium($5.33/Mo./ERU) (12 Mo.) (Condo Factor) $ 63.96 (ERU/Unit) x CF* Single Owner Multi-Family Residential($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU Non-Residential Developed($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU Undeveloped($5.33/Mo./ERU)(12 Mo.) (1.20 ERU/AC) $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD’s boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 –1.0) has been determined for each condominium development. A list of those factors is attached. RES. NO. 28-16 4 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-654,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director of Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FY2016-2017 Recommended Action: Motion to Approve the CDBG Annual Action Plan for FY 2016-2017 required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. Background: PursuanttotheHousingActof1974,HUDrequiresalllocalmunicipalitiesandurbancountiesto preparelocalplanningdocumentsasaconditionofreceivingfederalassistance.FederalRegulation 24CFRPart91governsthelocalplansubmissionandrequiresthateachmunicipalitysubmita ConsolidatedPlaneveryfiveyearsandanAnnualActionPlaneachfiscalyear.Citizenparticipation isintegraltothedevelopmentofthePlan.TheCityasagranteeisrequiredtoprovideatleasttwo publicmeetingsperyeartoobtainthepublic’sviewsandtorespondtoproposalsandquestions.The first"NeedsAssessment"meeting,advertisedintheMay28,2016issueoftheSunSentinel,was heldintheFirstFloorConferenceRoomonJune8,2016.Approximatelysix(6)peopleattendedthe meetingandtheonlycommentsrelatedtoclarificationoffundswereasked.Thesecondpublic meetingissettoappearbeforeCityCommissiononJuly12,2016.Onlycommentsfromthepublic whicharenotacceptedmustbesummarizedandincludedinthefinalplanasanattachment.The citydidnotreceiveanyreportablecomments.Theplanandproposedbudgetisunanimously supportedbythepublicaspresented.Thisplanhasbeendevelopedinaccordancewiththestated regulations. TheattachedAnnualActionPlanprovidesadescriptionoftheCity'splantoutilizeCDBGfundingfor activitiesandprogramsconsistentwiththeneedsdelineatedintheFiveYearConsolidatedPlan. TheCityCDBGentitlementforFY2016-2017willbe$435,891andhasbeencategorizedbythe following objectives: PROGRAM ADMINISTRATION $ 78,147 General management, oversight, and coordination of the CDBG program & NS Division HOUSING $ 258,444 Owner Occupied Housing Rehabilitation PUBLIC SERVICE City of Delray BeachPage 1 of 2Printed on 7/8/2016 powered by Legistar™ File #:16-654,Version:1 $ 65,384 Funds in support of various eligible public service activities consistent with needs identified in the City’s Consolidated Plan and are subject to a 15% cap of annual allocation. ECONOMIC DEVELOPMENT $ 33,916 Funds in support of various eligible technical assistance & economic development activities TOTAL CDBG FY2016-2017 BUDGET $ 435,891 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from Community Development Block Grant (CDBG) 118-1961 -1966-Various $ 435,891 Timing of Request: Plan must be submitted to HUD by August 15, 2016. City of Delray BeachPage 2 of 2Printed on 7/8/2016 powered by Legistar™ #®¬¬´¨³¸ $¤µ¤«®¯¬¤³ "«®¢ª '± ³ Ȩ#$"'ȩ #®²®«¨£ ³¤£ !´ « !¢³¨® 0« &¨²¢ « 9¤ ± 2016-2017 # ±¸ $ȁ '«¨¢ª²³¤¨Ǿ - ¸®± !« JacquetǾ 6¨¢¤ - ¸®± *®±£ * ±©´± Ǿ Deputy 6¨¢¤ - ¸®± 3§¤««¸ 0¤³±®«¨ Ǿ #®¬¬¨²²¨®¤± -¨³¢§ KatzǾ Commissioner $® «£ #®®¯¤±Ǿ #¨³¸ - ¦¤± #¨³¸ ®¥ $¤«± ¸ "¤ ¢§ #®¬¬´¨³¸ )¬¯±®µ¤¬¤³ $¤¯ ±³¬¤³ .¤¨¦§¡®±§®®£ 3¤±µ¨¢¤² Division ΐΏΏ .7 ΐ Avenue st $¤«± ¸ "¤ ¢§Ǿ &«®±¨£ ΒΒΓΓΓ -¨¢§ ¤« #®«¤¬ Ǿ $¨±¤¢³®±Ǿ #®¬¬´¨³¸ )¬¯±®µ¤¬¤³ $¤¯ ±³¬¤³ &¤±«¨¤ &ȁ MesidortǾ .¤¨¦§¡®±§®®£ 3¤±µ¨¢¤² Administrator Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Community Development Block Grant (CDBG) Program recipients are required per the U.S. Department of Housing and Urban Development (HUD) to develop an Annual Action Plan component of the five-year Consolidated Plan each year. The Plan serves as the application of funding for the CDBG program and describes the activities that will be undertaken during the next fiscal year. Activities are selected for funding in accordance with the priorities established in the 2015-2019 Consolidated Plan and in accordance with the primary objectives of the CDBG program which are to 1) create suitable living environments 2) provide decent housing and 3) create economic opportunities. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location.It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The Consolidated Plan is one key component of the CDBG Program. It is a planning document in which -year period. The Consolidated Plan is designed to help local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities. The Consolidated Plan contains certain specific elements required by HUD priorities, set specific goals and objectives and describe how it plans to allocate funds to meet these identified needs. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The City of Delray Beach, as a CDBG entitlement City, receives funding under a formula allocation from result of an increase in federal funding for the CDBG program. Annual Action Plan 1 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department/Neighborhood Services Division. The Neighborhood Services Division is responsible for administering the City's housing and neighborhood services programs and develops and manages most contracts with outside agencies and provides housing and social services to residents throughout the City. The City has adopted and follows a Citizen Participation Plan. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. As required by HUD, a Needs Assessment Meeting was held on June 8, 2016 at City Hall, 100 NW 1st Avenue, and on July 12, 2016 at City Hall, 100 NW 1st Avenue, to obtain citizen input. In addition to advertising the public hearings, neighborhood associations, public agencies and other interested parties were notified by flyer, website and email of the date, time, and location of the public hearing. The City also advertised that the plan was available for a 30 day public comment period from June 8, 2016 - July 12, 2016. Although the meetings allowed groups and individuals the opportunity to identify community housing and non-housing needs and to express their views, no comments were received at either public hearing. 6. Summary of comments or views not accepted and the reasons for not accepting them No comments or views were presented that were not accepted. 7. Summary It is always the intent of the City to expend one hundred percent of the activities funded in the 2016- 2017 Annual Action Plan within the City of Delray Beach's CDBG target area which encompasses the residential core of the City and to ficus on individuals/households between low to moderate income. Annual Action Plan 2 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) CBDG Target Area Map - Census Tracts Annual Action Plan 3 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-10 Consultation 91.100, 91.200(b), 91.215(l) 1. Introduction Neighborhood Services Division staff developed the Consolidated Plan through analysis of demographic data, consultation with community groups and concerned citizens, meetings with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the agencies either attended meetings, or were contacted individually for input. public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of -based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all its sub-committees. The Coalition collaborates with community task forces to make sure crucial data is included in the Continuum planning process. Delray Beach Housing Authority, Delray Beach Community Land Trust, Delray Beach Community Redevelopment Agency, CROS Ministries, Palm Beach Continuum of Care, Habitat for Humanity and Faith, Hope, Love Charities, Inc. were contacted and participated in a survey completed by residents in helping to identify proposed needs within the City. The results of the survey reflected the most necessary needs as demolition and clearance of blighted structures, owner-occupied rehabilitation assitance and an increase in youth and teen services. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. <div>The Continuum of Care planning occurs through an inclusive process consisting of the Continuum of Care Planning Committee and the following subcommittees: the Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board (ESG), Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC).</div> Annual Action Plan 5 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The Continuum of Care system begins with the Homeless Management Information System or HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to -in- was conducted by the Homeless Coalition in January 2015. A Point -in Time was not conducted this year, so data related to unsheltered individuals remains the same. The Point-In-Time count is generally conducted to identify the number of homeless individuals and families in the county. It also serves to measure the needs of the homeless as well as provide direction for future development of housing and services. The last report showed 42 unsheltered homeless individuals in Delray Beach, or 4.4% of the total counted in the County. Eight (8) of the reported unsheltered homeless individuals were located within the 33444 zip code and CDBG target area. (Source: Palm Beach County Homeless Continuum of Care Point-in-Time Homeless County, 2015). 2. Describe Agencies, groups, organizations and others who participated in the process entities Annual Action Plan 6 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-35 Projects 91.220(d) Introduction The City of Delray Beach's priority needs objectives are as follows: # Project Name 1 PROGRAM ADMINISTRATION 2 HOUSING REHABILITATION 3 PUBLIC SERVICE 4 MICROENTERPRISE TECHNICAL ASSISTANCE Table 8 Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse needs of its citizens. Annual Action Plan 16 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-50 Geographic Distribution 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Activities and programs funded focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (North) to Linton Boulevard (South), and from Interstate 95 (West) to U. S. 1 (East). This area includes twenty-eight residential neighborhoods and the downtown business district. The majority of the City's minority and low-income population is concentrated within the 728 acres that make up the residential core. Geographic Distribution Target Area Percentage of Funds CDBG TARGET AREA 100 Table 10 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City of Delray Beach is considered an Entitlement City and our entitlement is directly linked to the resources and services to areas with the highest concentration of poverty, blighted conditions, and economic problems. Discussion The area contains approximately 4,384 dwelling units, including single family, duplex, and multi-family units. Two (2) affordable housing projects, Allamanda Gardens, consisting of thirty-six single family unit and Swinton Gardens, an 11 unit single-family development, and six (6) workforce housing developments, Swinton Square consisting of 20 mixed-residential family units, Auburn Trace consisting of 264 mixed residential units, Village at Delray consisting of 192 mixed residential units, Village Square Phase 1 consisting of 144 mixed residential units located in the target area. Construction has begun on several workforce housing developments within the geographical area. Annual Action Plan 21 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Affordable Housing AP-55 Affordable Housing 91.220(g) Introduction Neighborhood Services staff develops the Action Plan through analysis of demographic data, consultation with residents, meeting with individual contacts, consultations with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, Achievement Centers for Children and Families, CROS Ministries/ Caring Kitchen, The Palm Beach County Department of Housing and Community Development, Homeless Coalition for Palm Beach County, Delray Beach Community Land Trust, Legal Aid Society of Palm Beach County, Faith, Hope Love Charity. All neighborhood residents within the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 8 Special-Needs 2 Total 10 Table 11 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 10 Acquisition of Existing Units 0 Total 10 Table 12 - One Year Goals for Affordable Housing by Support Type Discussion The City will continue to have formal partnerships in place with many of the community partners listed above. Joint planning activities occur on an on-going basis to develop collaborative projects and programs and services provided by partner agencies and are directly involved in the monitoring and oversight of those programs and activities. Annual Action Plan 22 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-60 Public Housing 91.220(h) Introduction The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages law responsible to a Board of Directors. The Authority is governed by seven Commissioners, each appointed by the City Commission for a term of four years. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Five - for the next five years and their priorities (incorporated in this plan by reference). Actions planned during the next year to address the needs to public housing One of the strengths of the DHBA is the longevity of its administrative personnel of more than 40 years and operations since 1973. The agency provides rental assistance programs; the Section 8 Choice Voucher Program and the Public Housing Program and a Family Self-Sufficiency Program as well. This reflects program continuity and stability. Actions to encourage public housing residents to become more involved in management and participate in homeownership The DBHA's Family Self-Sufficiency Program promotes employment and increased savings for families served through the Section 8 subsidized housing program. It also helps them to become economically independent, get jobs, further their education and eventually purchase a home. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The City currently does not have a stand-alone public housing facility. Discussion The Delray Beach Housing Authority is an organization dedicated to improving the quality of life for low and moderate income families, and providing the opportunity for self-sufficiency by guaranteeing safe, quality housing. There is a definite need for additional public housing units in Delray Beach evident through the numerous call for affordable rental units and the needs assessment survey recently received. The DBHA's strategy for extending the supply of assisted housing include (a) applying for additional rental vouchers; (b) reducing public housing vacancies: (c) leveraging private/other public finds to create additional housing opportunities, and to acquire or build additional units and developments. Annual Action Plan 23 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-65 Homeless and Other Special Needs Activities 91.220(i) Introduction Presently, the City partners with CROS Ministries which has operated the Caring Kitchen over twenty years. The agency provides food, energency services, advocacy, and long-term self-sufficiency. Palm Beach County also houses the Senator Philip D. Lewis Center to assist individuals who are homeless in Palm Beach County through outreach, assessment, and housing. Homeless Services staff assess individuals at the Lewis Center for Housing Focused Services and provide Case Management to homeless individuals in Transition. Services are prioritized to the most vulnerable homeless persons. Palm Beach County is transitioning services towards a Housing First philosophy in its practices. Individuals who are homeless in Palm Beach County. Services are prioritized utilizing the Service Prioritization Decision Assistance Tool (SPDAT). Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City will continue to partner with agencies like CROS Ministries to assist in furthering its mission to serve the hungry in Palm Beach County through community collaborations. The City continues to provide office and pantry space to CROS Ministries to provide the services referenced above. Through this partnership, an increase in service is anticipated. Addressing the emergency shelter and transitional housing needs of homeless persons Currently, the City refers persons requiring emergency shelter and transitional housing to the Senator Philip D. Lewis Center. To assist individuals who are homeless in Palm Beach County through outreach, assessment, and housing. Services are prioritized to the most vulnerable homeless persons. Palm Beach County is transitioning services towards a Housing First philosophy in its practices. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again There are currently several organizations within Palm Beach County that can assist in varying degrees to help homeless persons transition to permanent housing. The City will continue to refer persons requiring assistance to these agencies i.e, Senator Phillip D. Lewis Center, The Lord's Place, Family Annual Action Plan 24 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Promise, Adopt-a-Family, etc. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Through the various partnerships the City has, the avoidance of becoming homeless is greatly decreased. The City will continue to refer persons requiring assistance to the proper agencies specialized to assist. Discussion The City has created a homeless task force and meets with County officials and personnel in order to effectively discuss the best methods to address the homeless concern within the County parameters. We will continue to refer persons requiring emergency shelter and transitional housing to the appropriate centers. One year goals for the number of households to be provided housing through the use of HOPWA for: Short-term rent, mortgage, and utility assistance to prevent homelessness of the individual or family Tenant-based rental assistance Units provided in housing facilities (transitional or permanent) that are being developed, leased, or operated Units provided in transitional short-term housing facilities developed, leased, or operated with HOPWA funds Total Annual Action Plan 25 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-75 Barriers to affordable housing 91.220(j) Introduction Housing affordability is a key component to the quality of life for the City's residents. Some obatacles that impede housing availability include low household income, lack of education, training, or jobs, cost of land and construction costs, lack of affordable housing stock, lack of affordable rental units and lack of funding for housing programs. In recent years the City of Delray Beach has explored mechanisms to maintain and encourage production of affordable housing in recognition of quickly escalating real estate values. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Eliminating barriers to affordability has been the primary objective of the Delray Beach Community Land Trust (DBCLT) program since its inception in 2006. In July 2006 of that year the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance and included a Sub- recipient Partnership Program with the DBCLT for the purpose of creating affordable homeownership opportunities. Over the years, through the Neighborhood Stabilization Program (NSP), partnerships with the Delray Beach Housing Authority has been key in the transfer of foreclosed properties. With the increase in Stae funds, the City will continue to provide down payment assistance and closing cost funds necessary to assist an income eligible buyer obtain affordable properties. Discussion The City continues to identify and reduce any barriers to affordable housing through increased communications with housing and non-profit housing providers within the industry. Annual Action Plan 26 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-85 Other Actions 91.220(k) Introduction The Action Plan is to be carried out through a network of public, private, and non-profit organizations, Neighborhood Services Division has been working with these agencies to construct affordable housing, Actions planned to address obstacles to meeting underserved needs The City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies to provide a wide array of services to residents in need. Actions planned to foster and maintain affordable housing A variety of affordable housing units have come on line within the designated target area over the past 10 years including two owner-occupied single family subdivisions, 175 new infill single family units, six CODA units: three owned by Delray Beach Community Redevelopment Agency (CRA) and three by Community Land Trust (CLT), 59 owner-occupied lessees, three (3) rental, and two (2) lease purchase affordable rental units. With the implementation of the Workforce Housing ordinance, approximately 500 units will be included within the next five years. Actions planned to reduce lead-based paint hazards HUD lead based paint regulations are applicable to rehabilitation activities that are funded under the CDBG program. During FY 2016-2017, the City will continue to implement its housing related activities in a manner which assesses lead-based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead- Based Paint" pamphlet that describes hazards of lead-based paint. When lead is detected in items to be disturbed by rehab or on mouthable surfaces, the work-write up incorporates measures for contaminated areas. This involves qualified contractors using safe lead practices. After rehab is completed in such units, a clearance test is performed to ensure the home is lead-free. Actions planned to reduce the number of poverty-level families The City of Delray Beach's anti-poverity strategy will assist in reducing the number of poverty level families by increasing access to the following services and programs: 1) Programs supporting and Annual Action Plan 27 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) encouraging community and neighborhood maintenance 2)Affordable housing in perpetuity to special needs, low/moderate income, and below poverty level families with the help of various nonprofit organizations. 3) Employment and training programs to improve the academic, basic, and technical skills of low/moderate income persons to aid in obtaining or improving their earning capacity through the financial empowerment program under Urban League of Palm Beach County 4)Educational outreach for low/moderate income families, particularly those with special needs by working with banks, insurance companies regarding credit worthiness, and property protection. Actions planned to develop institutional structure Measurable strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community Land Trust/ Purchase Assistance Program, as well as the number of foundations and non-profit agencies in the community actively participating in a variety of activities benefiting the community. Actions planned to enhance coordination between public and private housing and social service agencies The Neighborhood Resource Center which opened in August 2006, continues to uphold its mission by enriching the quality of life of City residents and promoting a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. During program year 2016-17 the NRC office space will continue to serve as home to agencies such as the Delray Beach Community Land Trust, CROS Ministries/Caring Kitchen, Legal Aid of Palm Beach County, Faith, Hope Love Charities, Inc. and Urban League of Palm Beach County. The City is always seeking to expand the NRC to provide additional services within the CDBG target area. The City will continue to utilize its unique network of neighborhood associations to foster communication between the City and the neighborhoods at the resident level. In doing so the Neighborhood Services Division can gain important feedback and citizen input from the residents themselves and overcome obstacles as they present themselves. Discussion During the 2016-17 program year, the City of Delray Beach will continue to conduct random on-site monitoring visits to selected housing rehabilitation projects from the past 12-18 months. Additionally, the Division conducts on site visits to each public service subrecipient every other year or as necessary to ensure compliance with all federal regulations and City policies. In addition, all documentation pertaining to subrecipient activities and monitoring is retained at the Neighborhood Services Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable results. Annual Action Plan 28 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Program Specific Requirements AP-90 Program Specific Requirements 91.220(l)(1,2,4) Introduction The City under section AP-20 "Annual Goals and Objectives" have identified its targeted activities planned with respect to all CDBG funds expected to be available during the program year (including program income that will have been received before the start of the next program year). Unfortunately, the City does receive HOME/American Dream Downpayment Initiative (ADDI) or Emergency Shelter Grant (ESG) funds. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 29 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Discussion One hundred percent of activities funded in the 2016-2017 Annual Action Plan focus on the City of anticipate the receipt of any program income. Annual Action Plan 30 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) CITY OF DELRAY BEACH CITIZEN PARTICIPATION PLAN Applicability and Adoption The following Citizen Participation Plan has been developed in compliance with 24 CFR 91.105. it relates to the federally-required Consolidated Plan. The City of Delray Beach encourages citizens to participate in the development of the Consolidated Plan and all substantial amendments to the consolidated plan, and performance reports. The City especially encourages participation by citizens of low- and moderate-income neighborhoods, particularly those living within the CDBG Target Area; through consultation with the Public Housing Agency, the participation of tenants of the Public Housing development and residents of Section 8 subsidized housing; minorities and non-English speaking persons; and, persons with disabilities. Adoption of the Consolidated Plan 1.Prior to adoption of the Consolidated Plan, the City of Delray Beach will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the City expects to receive (including grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low- and moderate-income. 2.To assure the public adequate time and opportunity to comment on the contents of the Consolidated Plan, the City shall publish a summary of the proposed Consolidated Plan in the local newspaper and shall make copies available for public inspection at the Public Library and City Hall. The summary of the Consolidated Plan shall describe the contents and purpose of the plan and shall include a list of the locations of where copies of the plan may be fully examined. Upon request, copies of the plan shall be made available to groups and citizens at no charge. 3.One public hearing shall be held during the development of the Consolidated Plan. 4.A citizens comment period of not less than 30 days shall be established to receive comments from citizens on the consolidated plan. 5.The City shall consider any comments or views of citizens received in writing, or orally at the public hearings, in preparing the final Consolidated Plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons thereof, shall be attached to the final Consolidated Plan. -1- Amendments to the Consolidated Plan 1.A substantial amendment to the Consolidated Plan shall be defined as the elimination of a previously approved activity or a reduction in funding of a previously publicized activity in order to accommodate the funding of another Community Development Block Grant (CDBG)-eligible activity. 2.The City shall publish in a local newspaper details of the substantial amendment and provide the public with adequate time to comment on the amendment. The public shall be provided with not less than 30 days to provide comments prior to implementation of the amendment. 3.The City shall consider any comments or views of citizens received in writing, or orally at public hearings, if any, in preparing the substantial amendment to the Consolidated Plan. A summary of these comments or views and a summary of any comments or views not accepted and the reason therefore, shall be attached to the substantial amendment of the Consolidated Plan. Performance Reports 1.The City shall provide the public with reasonable opportunity to comment on performance reports by publishing in the local newspaper the availability of performance reports and providing the public with not less than 15 days to comment on the reports prior to submission to HUD. 2.The City shall consider any comments or views of citizens received in writing, or orally at public hearings in preparing the performance report. A summary of these comments or views shall be attached to the performance reports. Public Hearings 1.The City comments. One public hearing shall be held at an appropriate time of the program year so that citizens may review program performance and another hearing shall be held prior to publication of the Consolidated Plan in order to provide opportunity for citizens to comment on housing and community development needs, including priority non housing community development needs. 2.At lease two weeks advance notice of each public hearing shall be provided to the public. These notices shall be published in the local newspaper. 3.Public hearings shall be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for persons with disabilities. These public hearings shall be held during the evening hours at City Hall and/or public facilities located within the CDBG Target Area, i.e. Pompey Park or Carver Service Center. -2- 4.Because of the substantial number of Creole-speaking and Spanish-speaking residents within the City, the City shall provide Creole and Spanish versions of all flyers announcing the public hearing. Interpreters shall be provided upon request through the use of Creole and Spanish-speaking staff of the Department of Community Improvement. Meetings Reasonable and timely access to local meetings shall be provided to the public. Availability to the Public In accordance with the Americans with Disabilities Act, the adopted Consolidated Plan, substantial amendments and performance reports may be obtained in an alternate format. To obtain an alternative format of either document, contact the Community Improvement Department, Neighborhood Services Division, 100 NW 1 Avenue, Delray Beach, Florida 33444 or telephone st the Department at (561) 243-7280. Access to Records The City shall provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to the Consolidated Plan and the use of funds under programs covered by 24 CFR Part 91 during the preceding five years. Technical Assistance The City shall provide technical assistance to representative of persons of low- and moderate-income that request such assistance in developing proposals for funding assistance under any of the programs covered by the Consolidated Plan, with the level and type of assistance determined by the City of Delray Beach. The assistance need not include the provision of funds to the group. Complaints be submitted in writing to: City of Delray Beach Director of Community Improvement 100 NW 1 Avenue st Delray Beach, FL 33444 The Department shall respond to all written complaints within 15 working days where practical. -3- Residential Anti-displacement and Relocation Assistance Plan The City of Delray Beach will replace all occupied and vacant occupiable low- to moderate-income dwelling units demolished or converted to a use other than as low- to moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606(b)(1). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the City of Delray Beach will make public and submit to the HUD Field Office the following information in writing: 1.A description of the proposed assisted activity; 2.The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low- to moderate- income dwelling units as a direct result of the assisted activity; 3.A time schedule for the commencement and completion of the demolition or conversion; 4.The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5.The source of funding and a time schedule for the provision of replacement dwelling units; and 6.The basis for concluding that each replacement dwelling unit will remain a low- to moderate-income dwelling unit for at least 10 years from the date of initial occupancy. The City of Delray Beach will provide relocation assistance, as described in 570.606(b)(2), to each low- to moderate-income household displaced by the demolition of housing or by the conversion of a low- to moderate-income dwelling to another use as a direct of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the City of Delray Beach will take the following steps to minimize the displacement of persons from their homes: Acquisition or demolition activities will be limited to vacant, condemned or dilapidated structures that have been determined unsafe or contribute to blight. It is not anticipated that displacement of persons will occur as a result of this program. However, if displacement does occur as a direct result of property acquisition for program improvements, tenants and homeowners who are displaced will receive those benefits provided for under the Relocation and Real Property Acquisition Act of 1970, as amended. Every effort will be made to allow those displaced to locate in the neighborhood form which they were displaced, if that is their request. Temporary relocation will be processed in accordance with the City of Delray Beach Optional Relocation Policy. -4- CPMP Non-State Grantee Certifications Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. This certification does not apply. This certification is applicable. NON-STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1.Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2.Establishing an ongoing drug-free awareness program to inform employees about a.The dangers of drug abuse in the workplace; b.The grantee's policy of maintaining a drug-free workplace; c.Any available drug counseling, rehabilitation, and employee assistance programs; and d.The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3.Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4.Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will a.Abide by the terms of the statement; and b.Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5.Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6.Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted a.Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b.Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7.Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. 1 Version 2.0 CPMP Non-State Grantee Certifications City of Delray Beach Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 8.No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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; 9.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, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10.It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Cary D. Glickstein Name Mayor Title st 100 NW 1 Avenue Address Delray Beach, FL 33444 City/State/Zip 561-243-7280 Telephone Number CPMP Non-State Grantee Certifications 2 Version 2.0 City of Delray Beach This certification does not apply. This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11.Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12.Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2016, 2017, 2018, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13.Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14.A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15.A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; CPMP Non-State Grantee Certifications 3 Version 2.0 City of Delray Beach Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date Cary D. Glickstein Name Mayor Title st 100 NW 1 Avenue Address Delray Beach, FL 33444 City/State/Zip 561-243-7280 Telephone Number CPMP Non-State Grantee Certifications 4 Version 2.0 City of Delray Beach This certification does not apply. This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date Cary D. Glickstein Name Mayor Title st 100 NW 1 Avenue Address Delray Beach, FL 33444 City/State/Zip 561-243-7280 Telephone Number CPMP Non-State Grantee Certifications 5 Version 2.0 City of Delray Beach This certification does not apply. This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Cary D. Glickstein Name Mayor Title st 100 NW 1 Avenue Address Delray Beach, FL 33444 City/State/Zip 561-243-7280 Telephone Number CPMP Non-State Grantee Certifications 6 Version 2.0 City of Delray Beach This certification does not apply. This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1.For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2.For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date Cary D. Glickstein Name Mayor Title st 100 NW 1 Avenue Address Delray Beach, FL 33444 City/State/Zip 561-243-7280 Telephone Number CPMP Non-State Grantee Certifications 7 Version 2.0 City of Delray Beach This certification does not apply. This certification is applicable. ESG Certifications I, Cary D. Glickstein, Mayor, Chief Executive Officer of Error! Not a valid link., certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1.The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2.The building standards requirement of 24 CFR 576.55. 3.The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4.The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5.The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6.The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7.The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8.The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9.The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10.The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non-State Grantee Certifications 8 Version 2.0 City of Delray Beach authorities as specified in 24 CFR Part 58. 11.The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12.The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. Information System (HMIS) and the collection and reporting of client-level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature/Authorized Official Date Cary D. Glickstein Name Mayor Title st 100 NW 1 Avenue Address Delray Beach, FL 33444 City/State/Zip 561-243-7280 Telephone Number CPMP Non-State Grantee Certifications 9 Version 2.0 City of Delray Beach This certification does not apply. This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification 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. Drug-Free Workplace Certification 1.By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2.The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3.Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4.Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5.If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6.The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City County State Zip 7.Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any CPMP Non-State Grantee Certifications 10 Version 2.0 City of Delray Beach controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a.All "direct charge" employees; b.all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c.temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date Cary D. Glickstein Name Mayor Title st 100 NW 1 Avenue Address Delray Beach, FL 33444 City/State/Zip 561-243-7280 Telephone Number CPMP Non-State Grantee Certifications 11 Version 2.0 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-710,Version:1 TO: Mayor and Commissioners FROM: Janice Rustin, Interim City Attorney THROUGH: Donald B. Cooper, City Manager DATE: July 12, 2016 ORDINANCE NO. 23-16: AMENDMENT TO CHAPTER 32, “DEPARTMENTS, BOARDS, AND COMMISSIONS” Recommended Action: Motion to Consider an amendment to the City Code of Ordinances, Chapter 32, “Departments, Boards, And Commissions”, Section 32.07, “Membership Qualifications/Requirements;” Section 32.28, “Qualifications Of Members”; and Amending Chapter 135, “Abatement Of Nuisances”, Section 135.20(A), “Nuisance Abatement Board; Organization”, to require members serving on Advisory Boards and Committees be electors of the city. If passed, a public hearing will be held on August 16, 2016. Background: The City Commission directed staff to review and make changes regarding the residency requirement for City Advisory Boards and Committees. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ ORDINANCE NO. 23-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAYBEACH,FLORIDA,AMENDINGCHAPTER32, “DEPARTMENTS, BOARDS, AND COMMISSIONS,”OF THE CODE OF ORDINANCES BY AMENDINGSECTION 32.07, “MEMBERSHIP QUALIFICATIONS/REQUIREMENTS;”SECTION32.28, “QUALIFICATIONS OF MEMBERS”, AND AMENDING CHAPTER 135 “ABATEMENT OF NUISANCES”, SECTION 135.20(A), “NUISANCE ABATEMENT BOARD; ORGANIZATION”, TO REQUIRE MEMBERS SERVINGON ADVISORY BOARDS AND COMMITTEESBE ELECTORS OF THE CITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances establishes the eligibility qualifications and requirements for membershipon advisory boards or Committees; and, WHEREAS, the City Commission of the City of Delray Beach Florida, finds it necessary and appropriate to clarify itsqualifications and requirements in order for itsadvisory boards and Committees to be comprised of electors of the City of Delray Beach; and, WHEREAS¸ the City Commission further recognizes thatcircumstances may arise when it may be appropriateto appoint individuals who are non-electorsto advisory boards or Committees in order to best serve the interests of the City; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1.ThatChapter 32, “Departments, Boards, and Commissions”,Section 32.07, “Membership Qualifications/Requirements”,of the Code of Ordinances of the City of Delray Beach, Florida, be amendedto read as follows: Sec. 32.07. MEMBERSHIP QUALIFICATIONS/REQUIREMENTS. Members serving on advisory boards or Committees shall possess sufficient knowledge, experience, judgment or background necessary to competently serve the Board or Committee to which they are appointed. Members shall beresidentselectorsofor own property inthe City, or be an officer, Director or manager of a business located within the City, as definedin Section 5.01 of the City Charterexcept as may be provided for by Florida Statutes, SpecialAct or Resolution of the City Commission or elsewhere within the Code of Ordinances of the City of Delray Beach. The City Commission may appoint a non-elector if,in its discretion,it determines that the City’s interestswould best be served by appointing a non-elector. Section 2.That Chapter 32, “Departments, Boards, and Commissions”, Section 32.28, “Qualifications of Members”, of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Sec. 32.28. QUALIFICATIONSOF MEMBERS. It is the intent, if possible, that the membership of the Education Board shall include members who have a background in business, real estate, and/or education. The members of the Education Board shall be residentselectorsof the City of Delray Beach or shall be a person with a child or children attending Delray Beach public schools, or shall own property in the City and/or operate a business within the City. Should a member of the Education Board not be a residentan electorof the City of Delray Beach, or a property owner and/or the owner/operator of a business within the City, and should that member’s child or children cease attending Delray Beach public schools, then such member shall not longer be qualified to serve on the Board. Thestudent members shall be residents of the City of Delray Beach or attend Delray Beach public schools. Section 3.That Chapter 135, “Abatement of Nuisances”, Section 135.20(A), “Nuisance Abatement Board; Organization”, of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Sec. 135.20. NUISANCE ABATEMENT BOARD; ORGANIZATION. (A)There is hereby created and established a Nuisance Abatement Board to hear evidence relating to the existence of public nuisances on premises located in the City. The Nuisance Abatement Board shall consist of five (5) regular members and two (2) alternate members each appointed by an affirmative vote for at least four (4) members of the City Commission for two-year terms, except as set forth herein at Subsection (B), Members of the Nuisance Abatement Board shall be personswho reside inare electors ofthe City. Section 4.That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 5.That all ordinances or parts of ordinances inconflict herewith be, and the same are hereby repealed. Section 6.That this ordinance shall become effective upon its passage on second and final reading. 2 ORD. NO. 23-16 PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2016. ATTEST: ______________________________________________________________ City ClerkM A Y O R First Reading __________________ Second Reading ________________ 3 ORD. NO. 23-16 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-684,Version:1 TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: JULY 12, 2016 CITY MANAGER'S REPORT City of Delray BeachPage 1 of 1Printed on 7/8/2016 powered by Legistar™ CityofDelrayBeach ? Â Ü Â ÈÉ É È 1.SUBJECT: Street Lights in Rain Berry Woods Upon visual inspections both at night and during the day time there are insufficient street lights located in Rain Berry Woods to provide adequate security especially given the large number of vehicles located in the area. The present street lights provided are insufficient in number and in illumination and do not meet City standard. 2.SUBJECT: Delray Beach Fire Department LOS Next Steps The Commission has previously endorsed the LOS Standards recommended by Chief de Jesus and directed strategic improvements are undertaken to correct issues within the Department. Please see attached memorandum from Chief de Jesus concerning apparatus replacement and reduction of maintenance cost. I support the recommendation and will be recommending to the Commission on a phased basis the replacement of the four (4) oldest apparatus in FY15/16 and FY16/17. Given the time delay from the time of order to actual delivery this will require the ordering of two additional apparatus this fiscal year with actual delivery and payment occurring in FY17/18 and ordering two apparatus in FY16/17. It is expected that this equipment will be purchased based upon debt financing given their cost and time of service. We will also be ordering equipment for the Town of Highland Beach upon approval of the inter-local agreement which we expect to bring to the Commission in July for approval. Shortly thereafter we will be requesting approval for the purchase of equipment for Highland Beach and the additional engines for the Delray Beach Fire Department, per Chief de Jesus attached memo. (See Attachment) CityofDelrayBeach