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Agenda 04-17-03[. Call to Order. COMMUNITY REDEVELOPMENT AGENCY ~ April 17, 2003 Commission Chambers Boynton Beach 6:30 P.M. Roll Call. ITI. Agenda Approval: IV. Consent Agenda - None V. Public Audience VI. Public Hearing - None VII. Director's Report: A. Updates 1) Land Acquisition - Promenade/RivenNalk/Park Extension 2) Status of Contract- Design/Build Promenade/Riverwalk 3) Status of Commission/CRA Workshop for April 29 th 4) Status of April 24th CRA workshop and Agenda items 5) Status of Design Guidelines Piggyback Contract 6) Status of Sign Program Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. 7) Update on Human Resources 8) Update on RFQ for Outside Audit 9) Wheels Weekend Event / V~--~. Old Business: A. Consideration of Facade Grant Request Boynton Boundless, L.L.C. (Tabled) B. Consideration of Southern Homes request for Banners at the Murano Bay temporary sales office. (Tabled) C. Purchasing Manual IX. New Business: Consideration of Staff direction to develop a RFQ for a Design/Build Team competition for the Savage Creatures of Ancient Seas Project. Consideration of "Piggy Back" Contract for Real Estate Services with the Urban Group Consideration of contract for acquisition tasks in the Heart of Boynton by the Urban Group. D. Consideration of the Distribution list for CRA Meeting Minutes. X. Other Items: XI, Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. COMMUNITY REDEVELOPMENT AGENCY PURCHASING MANUAL MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Purchasing Manual Update DATE: 2/07/2003 Staff has revised the Purchasing Manual and made suggestions in red and deletions with strikeouts. Staff then sent the Purchasing Manual to Legal for review. Legal has reviewed this document and made suggestions in red and deletions with strikeouts. Staff has combined all of the revisions into one document and is now submitting it to the CRA Board for review and comments. Staff has enclosed the original document, the revised document, a Form 121 and a copy of the revised document on a disk. Staff is requesting the CRA Board submit their comments back to staff by March 25, 2003. Staff will compile all of the comments and suggestions for the April 8, 2003. COMMUNITY REDEVELOPMENT AGENCY PURCHASING MANUAL TABLE OF CONTENTS TERMS AND DEFINITION ..................................................................... 2 9 REQUISITIONS ................................................................................................... BIDS & PROPOSALS ........................................................................................ 12 CHANGE ORDERS .............................................................................. 20 REQUEST FOR PROPOSALS ............................................................... 23 25 PROFESSIONAL SERVICE .............................................................................. CONSTRUCTION CONTRACT ............................................................... 28 PURCHASING I PETTY CASH ............................................................ 34 PURCHASING CREDIT CARD ......................................................................... ASSIGNMENT/CONTROL CARD ............................................................ 35 CRA PURCHASING POLICY MANUAL TERMS AND DEFINITIONS PURPOSE: As used throughout the Purchasing Policies, the words and terms defined in this section shall have meanings set forth below unless the context in which they are used clearly requires a different meaning or a different definition as prescribed for a particular section or portion thereof. DEFINITIONS: Addendum means a written or graphic instrument issued prior to the opening of bids or proposals which clarify, correct or change the bidding documents or contracts. Award means the acceptance of a bid, offer, or proposal by the CRA. proper .................... ' ..... Bid Bond means a form of bid security executed by the bidder as principal and by a surety to guarantee that the bidder will enter into a~d ,.,,;.~.,,.,,,r;,,, ,.,,,~,,,,,,,,, ,~,~, a contract within a specified time and furnish any required performance bond. Blanket Purchase Order is a purchase order that covers the purchase of repetitive type supplies of a like nature for a stipulated period of time (12 months). ~'~' Brand Name or Equal Specification means a specification limited to one or more items by manufacturers' name or catalog number to describe the standard of quality, performance or other prominent characteristic needed to meet CRA requirements. Brand Name Specification means a specification limited to one or more items by manufacturers' name or catalog. Capital Purchases means all tangible personal property having an original acquisition cost of $500 $1,000.00 or more per unit and a ,,r,,~,.,~,~ ..... ~, ,, life expectancy of more than one year. This would include the capitalized purchase of aRy software. 10. 11. 12. 13. 14. 15. 16. 17. Change Order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, ac.c. eptable overruns, freight costs or amendments to contracts which entail additional cost. Commodities include but are not limited to commodities, goods, equipment, and materials and printing which is purchased, leased or otherwise contracted for by the CRA. Competitive Bids or Competitive Offers means the receipt of bids or offers submitted by responsive qualified bidders or offerors. Competitive Selection and Negotiation is a method of purchasing whereby qualified professional firms are invited to submit "Letters of Interest", proposals or qualifications and are short listed by an appropriately appointed evaluation committee. Construction means the process of building, altering, repairing, improving or demolishing any public structure, building or other public improvements of 3ny kind to any public real property. It does not include the routine operation, routine repair or routine maintenance on existing structures, buildings or real property. Construction Change Order is a written order directing the contractor to make changes which the change's clause of the construction contract authorizes. Construction Change Orders will require CRA Director Beard c,,-,,~,,~;~,-m approval. Consultant's Competitive Negotiations Act (CCNA) is the common name for Section 287.055 of the Florida Statutes concerning the procurement of Architectural, Engineering (including testing), Landscape Architecture and S eyi S ~'~ '~ '"* .... , ,,.,,~ Registered Land urv ng ervices ..................., ......... ~. ........ Contract means all types of binding agreements including purchase orders for the procurement of supplies and contractual services. Contractor means any person or business having a contract with the CRA to perform a service or sell a product. Contractual Services means the rendering of a contractor for their time and effort rather than the furnishing of specific commodities, materials, goods, equipment and other personal property. The term applies only to those services rendered by individuals and firms who are independent contractors. 18. 19. Debarment means a disqualification of a business or person from receiving invitations for bids, requests for proposals or the award of contracts by the CRA because of previous illegal or irresponsible action for a specific period of time commensurate with the gravity of the offense or the failure or the inadequacy of performance. 20. Designee means a duly authorized representative of a person holding a superior position. 21. 22. Fixed-Price Contract means a contract whereby the price is fixed not var4able for the entire life of the contract or until a set quantity of goods or services is delivered. 23. General Services means support services performed by an independent contractor requiring specialized knowledge, experience or expertise. The service rendered does not consist primarily of acquisition of equipment or materials. Examples of general services are janitorial, pest control services and maintenance of equipment. General Services are not normally procured through Requests for Proposals or Invitations to Bid unless otherwise provided for here in. Procurement of general services may include subjective evaluation factors of the submitting firms. 24. Governmental Agency means any agency of the Federal, State, or any local government or local governmental entity. 25. GSa. ~*~*~~. ,.,.~.~ m~ ....................... J .................... GSA , c,,,, ..... ¢ ,~ ..... a~, Staff is seeking direction for the CRA Board as to the need of having GSA Contracts within the purchasing manual at this time? 26. Invitation to Bid means a written solicitation for competitive sealed bids with the title, date, and hour of the public bid opening designated and specifically defining the commodities or contractual services for which bids are sought. The invitation for bid will be used when the CRA is capable of 27. 28. 29. 30. 31. 32. 33. 34. specifically defining the scope of work for which a contractual service is required or when the CRA is capable of establishing precise specifications defining the actual commodities required. The invitation to bid will include instructions to bidders, plans, drawings and specifications, if any, etheF a bid form and other required forms and documents to be submitted with the bid. Request for Letters of Interest is a method of selecting a vendor whereby all vendors are invited to submit a summary of their qualifications and state their interest in performing a specific job or service. Mandatory Bid Amount means the dollar threshold at which the formal bid process is required. The Mandatory Bid Amount is currently $10,000. ............... -~, ..... .~,~ r=qutr9 ,hr ...... ;... -,,-,-. The current known requirement of any commodity or sewice will not be divided to circumvent the requirement of the Mandato~ Bid Amount. Minority Business Enterprises (MBE) is a business or person in which a recognized minority group owns more than 50% of the stock. Minority Businesses must be qualified through certification. Multiple-Award Contracts means contracts which provide awards to more than one vendor for the same item. The CRA Director may use these contracts when it is determined that the use of more than one vendor is in the best interest of the CRA. Negotiations for Professional Services mean the act of determining terms, conditions and prices for the performance of professional services. AR ~,.,,,,.,,,-,,;.~,,,, .... ,-.,,;,-,,-,~ ,-,-,-"-*;~*~'-"' A negotiation committee will negotiate '"'1"!"' vi"' '~''""$ '"'P'I~'"" ,Lv,., , ,,..,t:~-.,-,~-'-,'~' ' with the top ranked candidate from the competitive selection of professional service firms in an attempt to reach agreement on a contract for the provision of services to the CRA. Notice of Award means the written notice by the CRA to the apparent, successful bidder or offeror stating that upon compliance by the successful bidder or offeror with the conditions precedent to the contract within the time specified the CRA will sign and deliver the contract. Open-end Contract means a contract whereby an indefinite quantity of supplies, services, or construction are to be procured over an identified time span as-ar~ when needed. Performance/Construction Bond means a bond of a contractor/vendor in which a surety guarantees to the CRA that the work /services will be performed in accordance with the contract documents and may, at the discretion of the CRA, include an irrevocable letter of credit issued by a financial institution or cash. 35. Procurement is the buying, purchasing, renting, leasing or otherwise obtaining any su es "" ~ .... ,i,,,,~ ,~,m ,.,,~,.mi,, ,,., ?'o "~'*"~"'~"'" '''~ ~services, construction or any other item(s) including description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. 36. Professional Services means any services where the CRA is obtaining advice, instruction or specialized work from an individual specifically qualified in a particular area. Professional services may include a report or written advice '"'~':"~' racy ~'" ,,,,,,,*h,,. however, the main thrust of the service is not considered labor, but the exercise of intellectual ability. The ,.,~ .............. ~ .... pr:~ .... ~ ............... procur~ by LeEer of Interest or requests for pro~sals and selected through Competitive Selection and Negotiation. 37. Purchase Order means a purchaser's document to formalize a purchase transaction with a vendor conveying acceptance of a vendor's proposal. The purchase order should contain statements as to quantity, description and price of the supplies, services or construction ordered and applicable terms as to payment, discounts, date of performance, transportation, insurance and other factors 38. Quotation means an informal (verbal) or formal (written) notice by a vendor to the CRA buye~ stating the prices, terms and conditions under which they will furnish certain goods or services. 39. Request for Proposals means all documents whether attached or incorporated by reference for soliciting sealed proposals. 40. Responsible Bidder or Responsible Offeror means the person who has the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial resources and credit which will give reasonable expectation of good faith performance. 41. Responsive Bidder or Responsive Offeror means a person who has submitted a bid that conforms in all material respects to the invitation to bid or request for proposals. 42. Selection and Negotiation Committee is a group of persons appointed by the CRA~Bh'ector-to rank in preferential order those professional .firms, or indiv!dual~interested in providing services on a particular project an(] to 43. 44. 45. 46. 47. 48. 49 50. negotiate a final contract with the highest ranked firm. (Staff is seeking direction as to who is appointing the committee CRA Director or CRA Board? It is stated both ways within the document.) Services mean the fumishing of labor, time and effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements but shall include both professional and general services. SNAPS is the State Negotiated Agreement Price Schedule (SNAPS) which is a state program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics. Specification mean any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery. Specifications may also contain provisions for inclusion of factors which will lead to the ultimate calculation of the lowest total cost. All specifications shall seek to promote overall economy for the purpose intended and encourage competition in satisfying the CPA's needs and shall not be unduly restrictive. Sole Brand means the only known brand or only reasonable brand capable of fulfilling the needs of the CPA. Sole Source means the only known vendor or the only reasonable vendor capable of providing a service or commodity to the CPA. State Contract is the State of Florida Purchasing Division's formal bidding process and award of various equipment and services contracts extended for use by all political subdivisions (entities). Supplies mean all property, including but not limited to, equipment, material, printing and leases but specifically excluding the acquisition of leasehold-interests in real property by the CRA. Surety means an organization which, for consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on federal bonds published in the current Circular 570, United States Department for the Treasury and the Federal Register effective July 1 annually, as amended. 51. Surplus Property means any property belonging to the CRA, which is capable of being used, but is in excess of the normal operating requirements of the CRA. This property is disposed by auction or other  means which proves to be more beneficial to the Gity (CRA) as .t_ \ determined by all or two of the following: CRA Director and / or CRA - r~..\ Board. The CRA Board will approve the awarded sale of the property. ~. (Staff is seeking d rection for the CRA Board as to the Board's approval .~~~timing. Does the Board have to approve the sale of the property or w I they give direction to sell the property in the beginning and not need to approve in the end?)  Suspension means the disqualification of a business or person from receiving Invitations for Bids or Request for Proposals or the award of a contract by the CRA for a given period. I .~.,c~\t.w'~/ ,,o;..,..n_~?..,...~, ..me~,-,s ~,",;' d ..................... , .................. · CRA PURCIiASING POLICY MANUAL BIDDING AND REQUISITIONS PURPOSE: This policy is to establish unified purchasing procedures in determining the requirements for requisitions which will be processed into purchase orders and direct payment requisitions. POLICY: In prep3ring, ..... ~.~_,v,.,..,i*i*:'-"'o,.. ~,-,,.,.... ,k..., ,~ procurement The purchase of all budgeted goods and services below the mandatory bid amount of ten thousand dollars ($10,000) must follow the quotation and approval guidelines stated below, l~eeuremeRt ¢e~ Purchases shall not be artificially divided to circumvent the approval process. Purchase Amount Quotation Process Approval Level- Purchase Total Purchase Each Item Total Purchase Order Type Less than $500 No Quotation Director* Direct Payment Requisition/P. O. $500 to $1,999 Three Verbal Quotes CRA Director* Direct Payment Requisition/P. O. $2,000 to $4,999 Three Written Quotes CRA Director* Direct Payment Requisition/P. O. $5,000 to $9,999 Three Written Quotes CRA Chairman or Direct designee & CRA Payment Director* Requisition/P. O. $10,000 or more Formal Bid Process CRA Board Formal Bid * or assigned Designee. 1. Direct Payment Requisition. All paymeP, ts-requisition forms must be submitted to CRA Director or designee providing the amount to be paid, the vendor name and vendor address.,.,,~'-'~,,., ,.,,,,.,,...,..,..o'"-"'-*~'~ ~'""-~,,.,, ,., .,...,,,.,,.,. The supporting invoice must be attached to the requisition <=~,~,o, ..... ~,, ,.,,-,, k~, ~,~i,~ ,,.., ~i,..,,., ....... ,~ ",',,~,','~'*'~,4 """~ ....... ~ by *~'" CRA by o.nn p.m. Tuesday ,,,;' ho,,,, ~ ~,~,,~ .... ,oh~ en ~^t~,4~,~o,4 .... **~r 4'00 PM.-(Staff is recommending king this oui an internal operation within the financial process?) 2. Purchase Requisition less than $500. All Purchase Requisitions totaling less than $500 per purchase may be processed with a Form 121 and the invoice attached to the Form 121. p .... h .... .,,.,,,~o;,; .... ,4 All Form 121 's are forwarded directly to the CRA Director for approval and returned to the Controller. Nc Price quotes are not required for purchases under this amount. *~ ....... 3. Purchase Requisition totalin.q between ,$500 to $1,999. All Purchase Requisitions totaling between $500 and $1,999 will require three verbal quotes. The verbal quotes will be summarized and attached to a Form 121. All Form 121's are forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of a purchase order. 4. Purchase Requisition totalin.q between $21000 to $4,999. All Purchase Requisitions totaling between $2,000 and $4,999 will require three written quotes. The written quotes will be attached to a Form 121. Form 121's shall be forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of purchase order. 5. Purchase Requisition totalinq between $5,000 to $9,999. All T-he Purchase Requisitions totaling between $5,000 and $9,999 will require three written quotes, to be attached. The written quotes will be attached to a Form 121 and forwarded directly to the CRA Director. The CRA Director and CRA Chairman or designee will review the quotes, approve one and return to the Controller for payment or issuance of a purchase order, ~f ,h.. Purchase D .... :o~,:,-,,., ,,.,,~,o ,~ nnn ,,-, ,~c~ c~c~c~ ,~, ]0 6. Purchase Requisition over $10,000. All Any Purchase Requisitions over $10,000 will require a formal bid process and the approval of the bid by the CRA Board prior to the issuance of a purchase order. After all procedures have been met the ultimate responsibility for informing the Controller to issue a purchase order or check rests with the CRA Director. The The /~n~rf~ll~r h~ ~hz~ r~nnn~ihilih, ~nr in~,~tin~tinn ,~ll~rn~t~ ~,~nN~r~ th,~ OR,A, ni,-~,,.,,-,,, ho. ,h .... ,h,,.,,-i*,, *,-, ,-~. .... *~, ..... ,~,-,. i,-, ,.,-.,.,- *.-, secure ~.~,., ,m~, ,,~ ~,-,,- ,h~, r, Dar,;,,, ,-,,-, i,,,,,.,o ,,.,,~i,.,-, e,ooa ao ,.,,- ~'°"k,-u,/ie"'al and Staff are recommending taking this out due to it is internal procedure within the organization. CRA Board needs to give direction?) Tl~Ar' (~i'~l_ll:l'M II I: FOR within (Legal and Staff is recommending taking this out it is an internal procedure within the organization and is seeking direction from the CRA Board?) 1] CRA PURCHASING POLICY MANUAL BIDS & PROPOSALS PURPOSE: Formal sealed bids and proposals are the most effective methods for soliciting competitive prices from vendors in the government agency purchasing secAer-:. This policy will establish procedures to use for sealed bids and proposals. POLICY: All contracts of the CRA shall be awarded by competitive sealed bidding except as otherwise provided in the purchasing policies. All Bids, Request for Proposals (RFP's), Request for Qualifications (RFQ's), Contracts, Agreements, Leases, etc., shall at a minimum meet the insurance requirements as st~ provided for by State Law. 1. Exclusions To The Formal Bid Process are (but not limited to): A. Competitive Sealed Proposals compares the prices of responsive/responsible bidders to determine an award by evaluating the proposal on a cost and qualitative basis and the ability to meet the bid s cifications, that pe .................... · Description of the item or service to be purchased (statement of work). · Specific criteria that will be used to evaluate the proposal along with the stated relative order of importance (generally): · Managerial capability. · Technical acceptability and performance requirements. · Reasonableness of price. approach in meeting · May ask for experience in the line of work being considered including references. · Staff capabilities along with resumes of key individuals who will work on the project. · Cost breakdown of the proposed price. 12 Bo Multi-Step Competitive Sealed Bid is generally a two step process wanting to award on basis of price, but available specifications are inadequate or to general to permit full and free competition without technical evaluation and discussion: First Phase: Issue request for information or proposal to which interested, potential suppliers respond with either necessary information or unpriced technical offers. Second Phase: Potential suppliers who submitted technically acceptable offers are invited to submit competitive sealed prices based on their technical offers. Award is to the lowest responsive/responsible bidder. Contracts for Designated Professional Services are services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. This ';;ou!d ir."Judc ~rnh;l~',t, ,r~l ~n~i~r;n~ ~n~l rz~ni~t~r~i I~n~i ~, ,n,~,,inn ~z~n,in~e The procuremen~ o~ pro~essional se~ices does no~ lend itself ~o normal competitive bidding and price ~mpefifion alone. Emergency Procurement allows the CRA Director to make procurement of commodities or contractual services where the cost does not exceed ten thousand ($10,000) when there exists a clear and present threat to public health, property, welfare, safety or other substantial loss to the CRA, provided however, that such emergency procurement shall be made with such competition as is practicable under the circumstances. Sole Source Procurement may be awarded for a supply, service or construction item without competition when it is determined that there is only one source available such as repairs or additions from the original equipment manufacturer, only supplier in the area, franchised or licensed distributor or service, patented or proprietary item, or by negotiation where the procurement by competitive procedures is not feasible nor practical. Any vendor identified as a sole source vendor must be supported in writing fe~'~H~m-~c~tc~. ]3 G. State Contract is the State of Florida Purchasing Division's formal bidding process and award of various equipment and services contracts extended for use to all political subdivisions (entities). Provide-Supporting documents will be submitted with requisition to the Controller as well as Par, c:,hasirff~ all applicable information as printed from the Florida Commission Network as required by the use of State contracts. H. "Piggy-backing" onto contracts by other governmental agencies (i.e., county, school board) is encouraged when it is determined that this method of procurement will provide the best product/service at the best price without compromising specifications or quality desired. This method of procurement should be considered prior to using any other method set forth regardless of quantity or monetary value of the procurement. Provide Supporting documents will be submitted with requisition to the Controller as well as a ~ tab sheet and/or letter of award that clearly specifies the product or service, prices, entity, and bid number and term of contract. Contract must be an open active contract. RESPECT of Florida is a registered service mark of Florida Association of Rehabilitation Facilities, Inc. the central non-profit agency of the commission for purchasing from the blind or other severely handicapped. A catalog is available in the CRA Office p .... ~,.~,i,,,, ni,,:o~,-,r, for the procurement listings which include: computers, first aid and safety products, janitorial products, municipal products, office products, promotional products, and services. ~ ....... , .... ~!! ~. .... ~r.;,.~.-;......;*~_ . ..... ;o;~;.~.-. *.-. D...-.-.H~;.-..-. ThO Contro!!ar ~o .... "o~ a ~'"'~. ......... ; '"""'*'-o~. . indicating ~a .'....~..~- ,;,~ a~..;.....; .... .~ ~r..4;...-. ~.~,.~o (Staff is seeking direction for the CRA Board as to the need of having GSA Contracts within the purchasing manual at this time?) K. PRIDE of Florida is the Prison Rehabilitation Industries and Diversified Enterprises, (PRIDE) Inc. that is a non-profit, self-funded corporation chartered by the State of Florida in 1981 to provide meaningful training and work experience to inmates in Florida's correction institutions. A catalog is available in the CRA Office Purchasing Division of all products, prices, and contact person. ]4 SNAPS is the State Negotiated Agreement Price Schedule (SNAPS) which is a State program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics T~, .......... I,,-~H l ...... :'""'"'" .... ~'"°"/"~ ~"'" each In the CRA,D'""'~"~°i'""'..,..,......,..~, ...,.,.,,...,,n:":°~"" yOU can electronically access the SNAPS program and find the procurement category and company, contract with contract period, the requirements met in the contract and information on how to obtain from the vendor a copy of the contract agreement and price listing. M. Contracts with The City of Boynton Beach for direct services. When A Formal Sealed Bid Process Is Used For Purchases of $10,000 or More The Following Process Should Be Used. A. Invitation for Bids. An Invitation for Bids shall be issued for each solicitation for offers equal to or exceeding the mandatory bid amount and shall include a purchase description and all terms and conditions applicable to the procurement· ~'Y~ '~' ~/~ ~ ........ 'M' ~ ........ ~'~ .......... ~ ............. '1'" 'Y~ ........ ~ ~'~' ~X" ......] 'I ..... ~ ..... 'l~ ....'X .................... ~'" ........ X~'''~ '"~ ...... ~ '~1 ....... ~ ...... ~ .....zX .... ]'t-V .....1 ~ .......... ~ ......~ ..... ~ .... ~V ....' -"V ...... / ....... T~'~ "'~ .................. V ..... /"' ~ .... ~ .... ~/ ..... u,~y- -~/ ....... ....... ~ K. ....... , ..,%~,,/ ....... ~ ......... , .............. ~~ ~ (Staff an~gal are suggesting take it out due to there is no neecYto keep it in the Purchasing Maunal. What is the CRA Board preference?) Insurance. Insurance is required to safeguard the CRA from all claims resulting from damage to property and/or injury to persons caused by the vendor or their actions. The successful bidder shall be required to obtain, at their own expense, all minimum insurance coverage required under the terms and conditions of all Bids, Request for Proposal (RFP), Request for Qualifications (RFQ), Contracts, Leases, and Agreements. 15 "'J"" .7 v,, ,., ,,,., ............................. ~, ..._~. .... ~ ............. ,..,, the f,-~r ........................ ~'"J'""Y'"~I "" '~ ..... ~ ..... and Legal are suggesting to take this WOt/ What is the CRA Board~; preference?) ~/' D. Bonds. Bonds offer tangible protection in the form of monetary assurances that the bidder will meet their obligations. For bids of $25,000 or more, the successful bidder shall furnish a surety bond as a security for faithful performance of order(s) awarded as a result of the bid for payment of all persons performing labor and on furnishing materials in connection therewith. Surety of such bond should be in the amount equal to the bid. Simultaneously with the delivery of the executed contract, the successful bidder shall deliver to the CRA an executed bond or a letter of credit in the amount of 100 percent of the accepted bid as security for faithful performance of the contract for payment of all persons performing labor or fumishing materials in connection therewith. The attorney-in-fact that signs the bond _must f~with the bonc~ a certificate and effective power of attorney. ~ '- ~ Bonds must be secured by the bidder at his own cost and generally may be classified as: Bid Bond or Bid Security. This is a document, usually in an amount of five percent of the bid, which guarantees that the bidder will enter into a contract with the CRA. if bidder ,,,~'o the award. Bid bonds protect the CRA from erroneous or deliberate Iow bids which the vendor has no intention of honoring. Should the bidder fail to enter into a contract, the bid bond is forfeited. Bid security must be submitted with the bid and can be in the form of a certified check, cash or bond. The awarded vendor's Bid Security will be returned after receipt of a Performance Bond or a Letter of Credit fe~ in the amount of 100% 16 Fo of the preje6t-bid, unless otherwise provided for in the Invitation to Bid. i~ th~ In,,i,l',"~tinn ~'n I:t;~ Th~ el:),A, ~h~,ll hz~ z~n~.;tl~,'l tn ,..,nll~,'-~' nr ....... ~' .... , .............. ~,O.~SS=p~, ,,., ~,~,-,,a:,, --~- .................... p::To:m =s .............. Bid. Performance/Construction Bond. This bond is a surety instrument guaranteeing that the vendor will perform according to the terms of the contract and is generally in an amount of 100% of the bid. This bond affords protection from non-performance in completion of :~: .... *,', *~"- CP-A: Should the vendor default, the bond is cashed and the CRA may then utilize the funds to complete the contract with another vendor. Performance bonds are submitted upon award of contract prior to the CRA signing agreements. · Cash Bond. In the amount of the bid or contract award. · Irrevocable Letter of Credit. Sometimes used in lieu of a bond in the case of some construction projects or multi-year contracts. Bid Conditions. In addition to the general conditions of most formal bids some bids require special conditions that pertain specifically to the bids in question. Conditions differ from specifications in that conditions refer to requirements which must be met by the bidder before specifications of his bid are even considered. Public Notice/Request to Advertise. Public notice shall be given a minimum of eight (8) calendar days prior to the date set forth therein for the opening of bids. Such notice shall include publication in a newspaper of general circulation no later than eight (8) calendar days prior to bid opening. The notice shall state the bid title, scope of services or reason for the bid, and place, date, and time of bid opening. ]? G. Bid Opening. Time of Bid Receipt. The CRA Director must receive bids no later than the time and date identified in the Invitation for Bid. Bids received after this time shall be returned unopened to the bidder. P::Ao, A~m~ste~ The Secretary will stamp date and record the time received on all bids held for formal bid opening. The CRA reserves the right to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the Bid and no award has been made. Public Bid Opening. All bids received shall be publicly opened in the presence of witnesses at the place designated in the Invitation for Bids. No additional bids, except stated in "Item a' above, will be accepted after the assigned receiving date and time. All Bids Unopened. If all bids are not opened at the assigned receiving date and time of the bid, for any reason other than failure of the vendors to present their bids or cause their bid to be presented at the appropriate time, the bid opening may occur the following workday at the same time as originally scheduled. H. Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in purchasing policies. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine suitability for a particular purpose. Those cdteria that will affect the bid price and be considered in evaluation for award, excluding cash discounts, shall be objectively measurable, such as trade discounts, transportation costs, and total or life cycle costs. The Invitation for Bids shall set forth the evaluation criteria to be used. No forth ' ~rifz~ri~ m~ h~ ~d in hid z~h,~finne fh~f ~r~ nnf e~f In fh~, In~if~flnn fnr Corrections, Cancellation, or Withdrawal of Bids. Corrections or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or other provisions shall be permitted; provided however, the CRA Director or his designee shall have the authority to waive minor irregularities as provided by law or correct obvious calculation errors. Bid Evaluation and Award. Bids should be evaluated based on the requirements set forth in the Invitation to Bid, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, service, price and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle cost, etc. The Invitation to Bid shall set forth the evaluation criteda to be used. The contract shall be awarded to the lowest responsible aP, d res¢~ bidder whose bid meets the requirements and criteria set forth in the Invitation to Bid. In determining "lowest responsible bidder", in addition to the bid evaluation criteria above, the following may be considered: · The ability and skill of the bidder to perform the contract. Whether the bidder can perform the contract or provide the supplies/services as required without delay or interruption within the time specified. · The quality of performances of previous contracts or services with the CRA or other entities. Tie Bids. If two or more bidders are tied, the tie may be broken and the successful vendor selected by the following criteda presented in order of importance. Quality of the items or services bid if such quality is ascertainable. Delivery time if provided in the bid by the bidders. Location of the vendor with the following award preferences: CRA Vendor City of Boynton Beach vendor Palm Beach County vendor Florida vendor If the above criteria are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the date stamp and time recorded on the envelope containing the bid. 19 Contract Extension. All invitations for bids for open-end contracts shall, when practical, provide for an extension of the contract for a time period up to the amount of the original time period, upon mutual consent of the buyer and seller and written analysis by the Purchasing Agent that renewal is in the best interest of the CRA. Any contract extension less than $10,000 will require the approval of the CRA Director, and contract extensions above $10,000 will require approval of the CRA Board. M. Cancellation of Sel~Aat~R Requests. A request for ~ proposals, invitation for bids or request for qualifications may be canceled and/or any or all responses tc sclicit3ticns may be rejected in whole or in part when it is in the best interest of the CRA. The reasons therefore shall be made part of the CRA file. After responses are opened, such rejection shall be made part of the CRA file. 20 CRA PURCHASING POLICY MANUAL CHANGE ORDERS PURPOSE: A change order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs or amendments to contracts that entail additional cost. Some projects costs cannot be identified all-c:~ests until the initial work has been completed. POLICY: A change order will be issued prior to invoice payment for the following purposes: 1. ' ' Change orders for all construction and non-construction purchases, which were initially awarded by the CRA Board, will be approved as follows: (Based on cumulative change orders) Less than $5,000 requires CRA Director approval; $5,000 to $9,999 requires CRA Director and CRA Chairman or designee approval; $10,000 or more requires CRA Board approval. Change orders will only be presented to CRA Board for approval when Cumulative Chan,qe Orders for the awarded item has reached $10,000 or more. When presented to the CRA Board all cumulative changes that make up the cumulative change order amount of $10,000 or more will be presented as part of the approval. If after CRA~approval additional change orders are required the same process will be u~,d for the next cumulative change orders. ~[~. An original of the change order shall be remitted to CRA Director attached to a purchase requisition requesting the change order. CRA Director will make the necessary change to the purchase order and return it to the Controller so photocopies of the change order can be made for the CRA records. 2. Normal purchase orders over $500 will have a tolerance of 10 percent of the purchase order amount up to $100. The invoices for these purchase orders can be processed without preparing a change order. Invoices, which exceed the tolerance limit, will require the CRA Director to review the discrepancy. The change order request shall justify the cause for variance. 3. Professional Services Contracts are a negotiated contract~rior to services being rendered and ~__,hansgt,~ers will require approval of the CRA Board. All change orders are to be°~reviewe')d and processed to change the purchase order amount. Change orders will be distributed to the holders of the original purchase order. If there are any questions as to the procedure for processing a particular change order contact should be made with CRA Director 2.2 CRA PURCHASING POLICY MANUAL REQUEST FOR PROPOSALS PURPOSE.: VVhen the CRA Director determines that the use of competitive sealed bidding is eithe~ not practical or not advantageous to the CRA, a contract may be entered into through receipt of the competitive sealed proposals. F!c;id3 St3tute and POLICY: 1. Request for Proposal. Proposals shall be solicited through a Request for Proposal (RFP). The RFP shall be developed by the CRA Staff" ...... ~ with the approval of the CRA Director and review by the CRA Attorney. Requests will identify required specifications to determine the parameters for the solicitation of bids. 2. Public Notice/Request to Advertise. Public notice of the Request for Proposal will be given in the same manner as provided for competitive sealed bidding. Notice will be provided in local media no later than eight (8) calendar days prior to the designated receiving date of the Request for Proposal. 3. Receipt of Proposal. No proposal shall be opened until the time designated in the public notice of the Request for Proposal. A register of proposals in the form of a tabulation sheet shall be prepared containing the name of each offeror. 4. Proposal Conditions and Specifications. Conditions and specifications tend to serve more as guidelines than strict standards. The object is to allow the vendor's own expertise to design a proposal which will fulfill the CRA's ultimate specified result. Conditions and specifications need not be so broad as to promote uninhibited proposals. By establishing boundaries within which to operate and pointing the vendor toward the direction of the CRA's goal, the RFP seeks to elicit the best talents in the market place to solve its problems. 5. Inquiries on RFP. All questions in regards to an RFP shall be addressed to the CRA Director or designated contact person. CRA Director will coordinate the responses to the inquiry in the form of an addendum that alters or changes the end result of a RFP and forward copies to all known responders to the proposal. Evaluation Factors. The RFP shall state the relative importance of price, appropriate, and other evaluation factors such as: quality, delivery and service, as well as past supplier performance and conformance to specification and/or quotation requirements. Only criteria disclosed( .er~3e_ ~o!!clt~t~_-'~ for b!d may be used to evaluate the items or proposed. , ._~ L ,,o,,. Discussion with Responsib, te' Offerors and Revisions to Proposals. As provided in the Request f~' Proposal, discussions may be conducted _wi~h responswble offerors that submit proposals.d ............. o.,.?._.,r s:.'ccept!b!e of h~-inO ~e!e~ted for c;;'c, rd fo~ [he ~/Ul-j~/o~.-'"': ~..~,JaJrification · ,,., ,.,-,r,~ ...... '- orcitati assure full understanding of, _..d .............. ,,.,,. the s J ~,, requirements. Offerors shall be accorded fair and equal treatment w~th:"-' respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and pdor to award for the purpose of obtaining best and final offers. Award· Award shall be made to the responsible/responsive offeror whose proposal is determined to be the most advantageous to or in the best interest of the CRA, taking into consideration the evaluation factors set forth in the request for proposal. The contract file shall contain the basis on which the award was made. 24 CRA PURSHASING POLICY MANUAL PROFESSIONAL SERVICE PURPOSE: To provide a policy that fully complies with the requirements of the Consultants Competitive Negotiation Act (CCNA), Section 287.055, Florida Statutes, when the combined amount for the services is $10,000 or more. DEFINITION: Professional services mean any services where the CRA is obtaining advice, instruction or specialized work from an individual specifically qualified in a particular area. This would include architectural, engineering and registered land surveying services. Professional services may include a report or written advice which may be lengthy; however, the main thrust of the service is not considered labor but the exercise of intellectual ability. The procurement of professional services does not lend itself to normal competitive bidding and pricing competition alone. These services may be procured by a Request for Letter of Interest, Request for Proposal or Request for Qualification and selected through competitive selection and negotiation. POLICY: The CRA requires a competitive bid process for professional services when the cost of the service exceeds: Planning or study activity in the amount of $10,000 or more. 2. Basic construction costs in the amount of $10,000 or more. The processes to contract for professional services are: Public Announcement/Request to Advertise - At such time when professional services are deemed necessary by the CRA, the CRA Director shall provide and request for a legal advertisement to be published in a newspaper or general circulation within the Palm Beach County setting forth a general description of the project requiring professional services and providing instructions on how interested firms may apply for consideration by the CRA. In addition, a notification of the project will be sent to each certified firm which has expressed an interest in being notified, a mailing list created from the vendor file and a suggested list from the requesting Staff or Board. Competitive Selection - There shall be a Competitive Selection Committee (CSC) which may be composed of the following representatives: (Staff is seeking direction as to who decides who will serve on this Committee?) A. Representative(s) of the CRA Board. B. Citizen appointed by the CRA Board based on their qualifications and experience in the area of discipline. C/~ C. Other representative(s) that may be deemed appropriate by the CRA Director or CRA Board. The responsibility of the CSC committee will be to: · Short-list the number of firms to at-lease a minimum of three firms. e,,~,,,,, ,~,,, ~,,,,., .... .¢.,,,~ Rank the firms for the particular project without considering price or opening the fee submitted by each firm with the proposal. Hold discussions with all short listed firms after opening their fee proposal. Such discussion may encompass formal presentations by each firm. The requirements of presentations or discussion will be the same for each short-listed firm. · Rank the firms based on qualifications and discussions. · After selection of the firm that will best serve the interest of the CRA, staff the selection committee will bring their recommendation before the CRA Board to authorize the order of the firms for negotiation of a contract. (,A'~ f~y~. O'C ~ Competitive Negotiation - The (CSC) committee will attempt to negotiate a contract with the highest ranked firm to perform the services at a compensation that the committee determines to be fair and reasonable. If the committee is unable to negotiate a satisfactory contract with the firm obtaining the highest ranking, negotiations with that firm shall be formally terminated. The negotiation committee then shall undertake negotiations with the second ranked firm. If these negotiations also prove unsatisfactory, negotiations shall again be terminated and the committee will negotiate, in turn, with each firm in accordance with their ranking by the committee, until an agreement is reached or the short list is exhausted. When a short list is exhausted, a new solicitation for proposals must be initiated 26 For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in Section 287.017 (5) (a), Florida Statutes, for Category Four (currently $60,000) the CRA shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit cost supporting the compensation are accurate, complete, and current at the time of contracting. Award of Contract - At the successful conclusion of negotiations, a contract award will be recommended to the CRA Board for approval art~_ purchase order issued. Less Than Three Firms - In the event less than three (3) firms express interest in a project or less than three (3) firms are deemed qualified by the CSC Committee, then the CRA Director shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to readvertise and after subsequent advertisement, three (3) firms still cannot be qualified, then the CRA shall proceed hereunder with the firm's qualified. Prohibition Against Contingent Fees - Each contract for professional services shall contain the prohibition against contingent fees required by and set forth in Section 287.055 (6) (a), Florida Statutes. CRA PURCHASING POLICY MANUAL CONSTRUCTION CONTRACT PURPOSE: Due to the complexity of construction projects and the cost involved these contracts warrant special conditions. POLICY: In general, contracts for construction of major CRA projects are obtained through the Formal (Sealed) Bid process. Construction projects under $10,000 in cost may be processed by written quotations. Sealed bids are required for all construction projects over $10,000 in costs. The following special conditions will apply to all construction contracts over $10,000: Or ~d;*;~~. ,~,.,~, ,~ 3r~ ..... ~ .... , ~ ..... t ..... ~ .... ~ ....../ ..... CRA .................... , .......................... ' 28 "Request ...~,,,~ .~, ,~. ,~.,~... ~N,~.~,...,~, ,~. ,,~ ,~.,~..~ tho~ ~, ~,,, ,~ ,~ ..... u~, of~(Legal and Staff are recommending this be taken out and are requesting direction for the CRA Board.) Announcement of Bids. .....vn, ,-. *"'.... the w,'"'"'"'*"""*""~°,., -....., -...,.. · To assure the greatest degree of competition, all of the following shall be used to announce the bids: Newspaper Legal Ads. Legal ads are an excellent method of attracting interested bidders, while also dispelling any criticism of bids only going to favored contractors· For this reason, they are required to be posted in a newspaper of general circulation in Palm Beach County· Legal-ads CP~. ~" ,h. ,..~, newspaper Legal ads should briefly state the name of the project, location, nature of work required, contact person name and telephone number, bid receiving date and time, cost of plans and location where bid specifications may be obtained. The ads should be placed a minimum of eight (8) calendar days prior to the bid receiving date. Advertisements may also be listed in the Dodge Reports, and other construction journals. Mailing to Interested Contractors (Bidders List). The primary contracts for construction bids are those firms that have previously done work for the ,--i, .... '~ CRA or other governmental entities or expressed a desire to bid. A list of these firms shall be assembled from records ~om of the CRA "'"~ '"*~'"' r.,, .~..,-,~,-,-,..,.,o involved in a construction project 29 Additionally, CRA Director and the CRA Board may contribute firms that are listed in various reference sources, including: Thomas Register, Municipal Index, Yellow Pages, Contractor's Blue Book, Palm Beach County Minority Business Directory, etc. Generally, only an "invitation to bid" letter, or a "notice to contractor" should be mailed to firms on the Contractors Bidders list. This pc!~cy ,,,q~.... ~. ..... .~ ~.~ ~. ...... .~..~ . ........ ~ ~c~.~ ........~. ~ ...~. ~.~ /~1 I~1 ~1 I~1 I ~1~1 I~11 I~ ~1 I~1 I I ~1 ~[1~I· Pre-Bid Conference. For all construction projects, a pre-bid conference may be held. Attendance at this conference is not mandatory, but highly recommended, for all bidders. the '"~"°' """'* r-,c:,~ ,..,~, ,e,,. ,-,,-,,-,e~,-~r,H,, ,.~,,-,,-.,i~.,-,,,. ,,.I,,,~. ,-,, ,e,.wi~.,, ,-.f nl~ne a,s~,~eede(~,~(Legal and Staff are recommending this be taken out and are looking for direction from the CRA Board?) Th~ ' their -~"~"* ~"' ''~ ~ '"~"'~"~ The ~A ~,.;11. J~hl iI~J~ ~h~, ~,m~ ¢~r ~1~ of plans ~"~ .... · .......... ~;~;~" ~hc ~c:'= ~3~, - ...... , ................. ~ ...................... p~r=cn~,,-,.~" ~" ""~"~,.~,~- ch. ~h~. .,,-.,,,.~n~"" .."ct. (Legal and Staff are recommending this be taken out and are looking for direction from the CRA Board?) Bid Opening. Due *'-' the ~,~i~** the~.-~;~ opcn:ng' ~*~".~.. ~ h~,~,~, very ........ *~-;~, ,*"', _~..~ :n' a .h~"..~. "~ ~.~-~, ~-~- No bids will be accepted after the receiving date and time (exception; the C~ rese~es the Hght to consider bids that have been determined by the C~ to be re~ived late due to mishandling by the C~ after re~ipt of the bid and no award has been made). The CRA Director is in charge of the bid opening and shall fully record the various bids for the construction project. Anyone requesting to review bids will be requested to wait until all bids received are finally tabulated and a staff person is available to monitor the bid package review process. Bid Review and Award. To...,....."" .... a *~'., ,, ..... ....~,,~'. Bid review shall include the CRA Director. ,',";"':'""*;'"" ,4,,.-,~,,,.,,,,,,, CRA staff will make copies of the 30 t,~, ,l~*ian ~haa+.z. on,.'t ,h,~¥~ .'~11 I,'~i~la .,'~,.~il,.'~hla 'lr,~r thai,' ,'awla. A~ I, mnnn r ...... ,~ ,~,,.,,,,~a~ ,,..,, d,~ F,a ,F,,, contractors Bid Form, response page, references, bid bond and any pages stating substitutions or changes to the bid document. In some cases, review of bids may be performed by a contracted Architectural/Engineering firm The contract award should generally be made to the Iowest~.x~ost responsive/ responsible bidder meeting specifications. If this is not the case, a thorough explanation should accompany the formal evaluation. Bid award shall be made by the CRA Board. Formal Construction Contract (Agreement). Due to the complex nature and duration of construction projects, a formal construction contract is prepared and copies are issued to all parties. These contracts are prepared by either a hired Architectural/Engineering firm, or the CRA Attorney's Office. The formal construction contract is based on the bid document and plans. The contractor shall provide all required licensing, insurance, and bond documentation to the CRA along with the signed contracts. All contracts are reviewed and approved by the CRA Attorney as to form and legality before the contract is signed. 31 CRA PURCHASING POLICY MANUAL PURCHASING/PETTY CASH PURPOSE: This policy will allow for the procedures to establish and manage a petty cash fund of $500.00. POLICY: The CRA Staff departmeRts has the authority to request petty cash for the petty cash fund to meet small incidental purchases for facilitating the transaction of CRA business such as: small purchases that must be made from vendors that do not offer the CRA credit, postage for special delivery, toll receipts, parking, etc. Petty cash requests will not be authorized for individual purchases that exceed $100.00. Th~ ....~ .................... u .....................~ ,~0- ~,,-~- The Controller "~"' ........ ~"~ ...... *-~;~- will be cf ~, ,v~ , ~, ,~v. ~., ,~,v~ vv ~.~, .v~ ~ v~,~, , responsible for ~ntrolling the flow of ~sh in and out of the Petty Cash Fund, making sure proper re~ipts are obtained for each purchase, assuring that proof forms are obtained for each purchase, assuring the proper forms are fill~ out completely and authorizing signatures obtained. The Controller ~ will also be responsible for reconciling the Fund as needed and applying for reimbursement. Procedures for a petty cash fund are as follows: Petty Cash Payments - VVhen an employee requests reimbursement or receives an advance from petty cash, the Petty Cash Receipt must be used. This form provides for identification of: dollar amount of receipt; reason for purchase, expense code, signature of employee receiving petty cash and the signature of Controller '~"'"'~"*'"'"'"* '" · ~,.~ ~;..,.~, ..... ~ ,-,,-,-~,-*,..,,-,-,* h~a~ Anytime a disbursement is made from petty cash it is required that this form be completed in full. Petty Cash Reimbursement - Petty cash funds should be reconciled on a ~,' ...... * if ""'"'~"~ Reimbursement request will be weekly basis, or mcre ,,...-, ............... submitted by the Controller on a Form 121 n;r~.,-*,..,, ..... ,o"'""'""*,..,, ,,.., ,. ,:),-,-,, ,;-~*~,',.., -'-'~'-"'""'". with the description stating "Petty Cash Reimbursement". The account codes from the Petty Cash Receipts will be summarized on the DLireet c) ...... , = .... ;o;*;,-,,-, Form 121 The Form 121 Ree/aisitieR, Petty Cash Receipts, and supporting invoices will be sent to the CRA Director for approval of the reimbursement of petty cash. Sales tax should not be paid on '""**" "'"°~' invci~"~''~ Tha CP~ 32 Discrepancies in Petty Cash - Any discrepancies in the petty cash fund maintained by the Controller ~ should be brought to the immediate attention of the CRA Director. CRA PURCHASING POLICY MANUAL PURCHASING CREDIT CARD PURPOSE: The CRA Purchasing Credit Card Program is designed to improve efficiency in processing Iow dollar value purchases from any vendor that accepts the Visa / MasterCard or American Express credit card. ~'~ .... ,,4 cur '"'"'""* ..... i~,,,, ..... * the Vis3 '""',4;* ",,",4 This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the name is clearly shown on the card as the CRA Gevemmem~ buyer of the goods and services.,'~'"'"......, ..:'"'"'....-.-...-.'"'"'4 Ch. the '""'"':*......... ,.,,,.,4....... ,,,;" be ,h,, r,;,,,,, o,,,,,-, ....... *;,-,,', ~'~1 'r1~'~1~*~1"' The tax exempt number will be given to each card holder. CRA Director and CR), Board will monitor the performance of the program. The purpose of this policy and procedures is to accomplish the following: To provide an efficient method of purchasing and paying for goods and services not exceeding $500 per purchase (total invoice). 2. To assist in the procurement of small dollar purchases. To replace manual hardcopy requisitions and purchase orders for Iow dollar value purchases. To ensure purchasing credit card purchases are in accordance with the CRA's ~ policies and procedures. 5. To reduce the time spent to process Iow dollar value transactions. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. To provide for disciplinary action if the purchasing credit cards are misused. The policies and procedures provided herein are minimum standards for use. 34 ASSIGNMENT AND CONTROL OF THE PURCHASING CREDITCARD ~.-,a in .... :*;.~,', (Legal and Staff are recommending this be taken out and are looking for direction from the CRA Board?) CARDHOLDER USE ONLY: The purchasing credit card may be used only by the empl/oyee whose is embossed the card ""-' name on ......... ear~. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY: The purchasing credit card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use and any such use will require immediate reimbursement and will result in disciplinary action that may include dismissal and/or criminal charges. DOLLAR LIMITATIONS: The assignment of a purchase credit card will establish limits for each Cardholder, a single purchase limit and a 30-day limit. The maximum limit for a single purchases shall be $250 and a total of $500 during any 30-day billing cycle ~ for .... A single purchase may be made of multiple items, but the total invoice cannot exceed $250. CHARGES FOR PURCHASES SHALL NOT BE SPLIT TO STAY WITHIN THE SINGLE PURCHASE LIMIT. PURCHASE LIMIT. Exceeding these limits will be considered abuse of the purchasing credit card program and can result in cancellation of card, disciplinary action, or both. 35 4. PURCHASING CARD SECURITY: A. STORAGE OF THE PURCHASING CARD: Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. B. ACCOUNT NUMBER: Guard the purchasing credit card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD: The only person entitled to use the purchasing credit card is the person whose name appears on the face of the card. Do not lend your purchasing credit card to another person for use. D. LOST OR STOLEN CARDS: If the purchasing credit card is lost or stolen, you must immediately notify the CRA Director and the Controller. E. RESPONSIBLE REPORTING The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. MISSING DOCUMENTATION: If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase and may be held responsible for the charges. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. 6. PAYMENT AND INVOICE PROCEDURES: The purchasing credit card companies will mail all individual and consolidated billing statements to the CRA.......,r"'"*'"-'",.,..,,..., .... ...,,.,,~ ..,,-,,-,.,,.. ,.,.,,-,o,.,,;,~.~m~ ~,,., .... * ,,-,- -~,, ,---,',~-,-',"'-"o *"' the CP~, nj...,.,,-,,- The individual and consolidated billing statement will list all transactions processed during the billing cycle. If nc ,....,, .... "~... ,_....v .... were,'-"'~"', ,,...... ,..,""', *~'"., ,.. The Controller must review the individual and consolidated statement. ~ Charge slips/receipts for all items listed on the statement shall be atta~ed to the monthly statement. T~,, ,~ ....., ~'~'~;"* .... --, ~ *--,~ ~ 37 ATTACHMENT II CRA PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT (name of - (employee social security employee), - number), hereby request a Purchasing Credit Card. As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers",~.,'~° .......i'~""*i*~'~.,....... ~,,.., ,~,~,..,~ I understand that the CRA is liable to purchasing credit card companies for all charges made on the Card. I agree to use this Card for approved purchases only and agree not to charge personal purchases. I understand that the card may not be utilized for cash advances. I will not permit another individual to utilize the card issued to me. I understand that the CRA will review the use of this Card =nd the tel=ted m ..... ,-,,-,-,* .... ,'*- and take appropriate action on any discrepancies. I ~.~, ,~,.~::~v,, ,v, ,,. , ~.~l,.'v, .~ acknowledge that the Card may only be used for purchases that total less than Two Hundred Fifty ($25000) Dollars per transaction. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of retirement) ~,,., ,IN fh~r~, I~ 3ny ~,-~,~ni'?,-'~Hn,',.'~l ~h~nn~ employment (incl ding ~ that ....... ~~* *~ "~ .... ~ ~ .... I .... ~'~ =grss *~.~,~*'~.~.'~,, my r~ .... ..... ~y ~ ..................... ~ ......~, ~ =rr3~g~ ~" = ~cw o~=, ~ ....... ~'~ I understand that the C~ or Purchase Credit Card companies may suspend or ~ncel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notifi~tion or ~n~llation. CRA Purchasing Card Program Employee Agreement Page 2 of 2 I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: provide supporting charge slips/receipts listing the reason for purchase or job it pertains to for all mnnfhl~ .f~fnmanf ~;fh transactions appearing on the statement, r~;,:~;;' .......... , .................. If the Card is lost or stolen, I agree to immediately notify the CRA Director and the Controller (1-561-737-3256) of the loss, verbally and in writing. Employee Signature and Date Witness Signature and Date Print Name - Employee Print Name - VVitness Controller Date FOR OFFICIAL USE ONLY Issuance Date 39 COMMUNITY REDEVELOPMENT AGENCY PURCHASING MANUAL TABLE OF CONTENTS TERMS AND DEFINATION ..................................................................... 1 REQUISITIONS ................................................................................................... 9 BIDS & PROPOSALS ....................................................................................... 12 CHANGE ORDERS .............................................................................. 20 REQUEST FOR PROPOSALS ............................................................... 22 PROFESSIONAL SERVICE .............................................................................. 24 CONSTRUCTION CONTRACT ............................................................... 27 PURCHASING I PETTY CASH ............................................................... 31 PURCHASING CREDIT CARD ......................................................................... 33 ASSIGNMENT/CONTROL CARD ............................................................ 34 CRA PURCHASING POLICY MANUAL TERMS AND DEFINITIONS PURPOSE: As used throughout the Purchasing Policies, the words and terms defined in this section shall have meanings set forth below unless the context in which they are used cleady requires a different meaning or a different definition as prescribed for a particular section or portion thereof. DEFINITIONS: o Addenda means written or graphic instruments issued prior to the opening of bids which cladfy, correct or Change the bidding documents or contracts. Award means the acceptance of a bid, offer, or proposal by the proper authority. The CRA must award all contracts of $10,000 or more with the exception of emergency purchases. Bid Bond means a form of bid secudty executed by the bidder as principal and by a surety to guarantee that the bidder will enter into, and satisfactorily complete the contract within a specified time and fumish any required performance bond. Blanket Purchase Order is a purchase order that covers the purchase of repetitive type supplies of a like nature for a stipulated pedod of time (12 months). Brand Name or Equal Specifications means a specification limited to one or more items by manufacturers' names or catalog numbers to describe the standard of quality, performance or other prominent characteristics needed to meet CRA requirements. Brand Name Specification means a specification limited to one or more items by manufacturers' names or catalogs. Capital Purchases means all tangible personal property having an odginal acquisition cost of $500 or more per unit and a probable useful life expectancy of more than one year. This would include the capitalized purchase of any software. o Change Order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs, or amendments to contracts, which entail additional cost. Commodities include but are not limited to, equipment, and material and printing, purchased, contracted for by the CRA. commodities, goods, leased or otherwise 10. Competitive Bids or Competitive Offers means the receipt of bids or offers submitted by responsive and qualified bidders or offerors. 11. Competitive Selection and Negotiation is a method of purchasing whereby qualified professional firms are invited to submit "Letters of Interest" and are short listed by an appropriately appointed evaluation committee. 12. Construction means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance or existing structures, buildings or real property. 13. Construction Change Order the proper authority authorizing a written order, directing the contractor to make changes, which the change's clause of the construction contract authorizes. Construction Change Orders will require CRA Board Commission approval. 14. Consultant's Competitive Negotiations Act (CCNA) is the common name for Section 287.055 of the Flodda Statutes conceming the procurement of Architectural, Engineering (including testing), Landscape Architecture, and Registered Land Surveying Services. Lettec-o~c~e._st ~nd Compet!t!;,e S ' ' ' ,;II procure these se.',;i6es-.. 15. Contract means all types of binding agreements, including purchase orders, for the procurement of supplies and contractual services. 16. Contractor means any person or business having a contract with the CRA to perform a service or sell a product. 17. Contractual Services means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities, materials, goods, services rendered by individuals and firms who are independent contractors. 18. Cooperative Purchasing means the procurement conducted by or on behalf of more than one govemment entity. 19. Debarment means a disqualification of a business or person from receiving invitations for bids or requests for proposals or the award of contracts by the CRA, because of previous illegal or irresponsible action, for a specific pedod of time commensurate with the gravity of the offense or the failure or the inadequacy of performance. 20. Designee means a duly authorized representative of a person holding a supedor position. 21. Firm Fixed-Price Contract means a contract whereby the price is fixed, not variable, for the entire life of the contract or until a set quantity of goods or services is delivered. 22. Fixed-Price Contract means a contract whereby the pdce is fixed, not variable, for the entire life of the contract or until a set quantity of goods or services is delivered. 23. General Services means support services performed by an independent contractor requiring specialized knowledge, experience or expertise. The service rendered does not consist primarily of acquisition of equipment of materials. Examples of general services are janitorial, pest control services, and maintenance of equipment. General Services are normally procured through Requests for Proposals or Invitations to Bid. Procurement of general services may include subjective evaluation factors of the submitting firms. 24. Govemmental Agency means any agency of the Federal, State, or any local government. 25. GSA Contracts mean contracts entered into by the General Services Administration of the Federal Govemment (also known as GSA Schedules) and are multiple award contracts containing pdces to be utilized by all Federal Government Agencies. GSA contracts also contain the most preferred customer clause, making the pdces contained in the GSA contracts equivalent with those that are given to the most preferred customer of the vendor. 26. Invitation to Bid means a wdtten solicitation for competitive sealed bids with the title, date, and hour of the public bid opening designated and specifically defining the commodities or contractual services for which bids 27. 28. 29. 30. 31. 32. 33. 34. are sought. The invitation for bid will be used when the CRA is capable of specifically defining the scope of work for which a contractual service is required or when the CRA is capable of establishing precise specifications Jsfining the actual commodities required. The invitation to bid will include instructions to bidders, plans, drawings and specifications, if any bid form and other required forms and documents to be submitted with the bid. Letter of Interest (Request for) is a method of selecting a vendor whereby all vendors are invited to submit a summary of their qualifications and state their interest in performing a specific job or service. Mandatory Bid Amount means the dollar threshold at which the formal bid process is required. The Mandatory Bid Amount is currently $10,000. Purchases from $200 to $1,999 require three verbal quotes, and purchases from $2,000 to $9,999 require three written quotes. The current known requirement of any commodity or service will not be divided to circumvent the requirement of the Mandatory Bid Amount. Minority Business Enterprises (MBE) is a business or person in which a recognized minority group owns more than 50% of the stock. Minodty Businesses must be qualified through certification. Multiple-Award Contracts means contracts, which provide awards to more than one vendor for the same item. The Director may use these contracts when it is determined that the use of more than one vendor is in the best interest of the CRA. Negotiations for Professional Services mean the act of determining terms, conditions, and pdces for the performance of professional services. An appropriately appointed negotiation committee will negotiate with the top ranked candidate from the competitive selection of professional service firms, in an attempt to reach agreement on a contract for the provision of services to the CRA. Notice of Award means the wdtten notice by the CRA to the apparent, successful bidder or offer or stating that upon compliance by the successful bidder or offeror with the conditions precedent to the contract within the time specified, the CRA will sign and deliver the contract. Open-end Contract means a contract whereby an indefinite quantity of supplies, services, or construction are to be procured over an identified time span, as and when needed. Performance/Construction Bond means a bond of a contractor/vendor in which a surety guarantees to the CRA that the work /services will be performed in accordance with the contract documents and may, at the 35. 36. 37. 38. 39. 40. 41. 42. discretion of the CRA, include an irrevocable letter of credit issued by a financial institution or cash. Procurer~,..;~ is the buying, purchasing, renting, leasing or otherwise obtaining any supplies, all functions that pertain to the obtaining of any supplies, services, construction or any other item(s), including description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. Professional Services means any services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. Professional services may include a report, or written advice which may be lengthy; however, the main thrust of the service is not considered labor, but the exercise of intellectual ability. The procurement of professional services does not lend itself to normal competitive bidding and pdce competition alone. These services may be procured by Letter of Interest or requests for proposals and selected through Competitive Selection and Negotiation. Purchase Order means a purchaser's document to formalize a purchase transaction with a vendor, conveying acceptance of a vendor's proposal. The purchase order should contain statements as to quantity, description and pdce of the supplies, services, or construction ordered and applicable terms as to payment, discounts, date of performance, transportation, insurance and other factors Quotation means an informal (verbal) or formal (written) notice by a vendor to the buyer stating the pdces, terms and conditions under which they will fumish certain goods or services. Request for Proposals means all documents, whether attached or incorporated by reference, for soliciting sealed proposals. Responsible Bidder or Responsible Offeror means the person who has the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial resources and credit which will give reasonable expectation of good faith performance. Responsive Bidder or Responsive Offeror means a person who has submitted a bid that conforms in all material respects to the invitation to bid or request for proposals. Selection and Negotiation Committee is a group of persons appointed by the CRA Director to rank in preferential order those professional firms or '43. 44. 45. 46. 47. 48. 49 50. 51. individuals interested in providing services on a particular project and to negotiate a final contract with the highest ranked firm. Services means thc, , ,'nishing of labor, time, and effort by a contractor, not involving the delivery of a specific end product other than reports, which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements but shall include both professional and general services. SNAPS is the State Negotiated Agreement Pdce Schedule (SNAPS) which is a State program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics. Specifications mean any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery. Specifications may also contain provisions for inclusion of factors, which will lead to the ultimate calculation of the lowest total cost. All specifications shall seek to promote overall economy for the purpose intended, and encourage competition in satisfying the CPA's needs and shall not be unduly restrictive. Sole Brand means the only known brand or only reasonable brand capable of fulfilling the needs of the CPA. Sole Source means the only known vendor or the only reasonable vendor capable of providing a service or commodity to the CPA. State Contract is the State of Flodda Purchasing Division's formal bidding process and award of vadous equipment and services contracts extended for use by all political subdivisions (entities). Supplies mean all property, including but not limited to, equipment, material, pdnting and leases but specifically excluding the acquisition of leasehold interests in real property by the CPA. Surety means an organization which, for consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on federal bonds published in the current Circular 570, United States Department for the Treasury, and the Federal Register effective July 1 annually, as amended. Surplus Property means any property belonging to the CPA, which is capable of being used, but is in excess of the normal operating 7 requirements of the CRA. This property is disposed by auction, or other means which proves to be more beneficial to the City as determined by all or two of the following: CRA Director. The CRA Board will approve the awarded sale of the property. 52. Suspension means the disqualification of a business or person from receiving Invitations for Bids or Request for Proposals or the award of a contract by the CRA for a given period. 53. Using Department means any department of the CRA, which utilizes any supplies, services, or construction, procured under this code. CRA PURCHASING POLICY MANUAL REQUISITIONS PURPOSE: This policy is to establish unified purchasing procedures in determining the requirements for requisitions which will be .processed into purchase orders, and direct payment requisitions. POLICY: In preparing requisitions for the procurement of all budgeted goods and services below the mandatory bid amount of ten thousand dollars ($10,000) must follow the quotation and approval guidelines stated below. Procurement requirements shall not be artificially divided to circumvent the approval process. Purchase Amount Quotation Process Approval Level- Purchase Total Purchase Each Item Total Purchase Order Type Less than $500 No Quotation Director* Requisition/P.O. $500 to $1,999 Three Verbal Quotes Director* Requisition/P.O. $2,000 to $4,999 Three Wdtten Quotes Director* Requisition/P.O. $5,000to $9,999 ThreeWdtten Quotes CRA Chairman & Requisition/P.O. Director* $10,000 or more Formal Bid Process CRA Board Formal Bid or ass~g Designee. 1. Direct Payment Requisition All payments must be submitted to CRA Director providing the amount to be paid, the vendor, and allocated fund source. The supporting invoices must be attached to the requisition. Sales tax will not be paid on direct payments. The CRA is tax exempt and it is up to the purchaser to provide the tax-exempt information to the vendor for direct payment purchases. A Payment Requisition is used as a request for a check to be written for a payment. On a normal workweek, Payment Requests that are properly completed and processed to the CRS by 5:00 p.m. Tuesday will have a check available on Fdday after 2:00 PM. 2. Purchase Requisitions less than $500 All vendor purchases totaling less than $500 per purchase may be processed with a'properly completed purchase requis-,.;.~;~ and forwarded directly to the CRA Director. No quotes are required for these requisitions. 3. Purchase Requisition totalinq between $500 to $1,999. All Purchase Requisitions totaling from $500 to $1,999 will require three verbal quotes. The verbal quotes will be summarized. 4. Purchase Requisition totalin.q between $2,000 to $9,999 The Purchase Requisition will require three written quotes to be attached. If the Purchase Requisition totals $5,000 to $9,999 the Requisition, and the supporting wdtten quotes will be approved pdor to Purchase. 5. Purchase Requisition over $10,000 Any Purchase Requisition over $10,000 will require a formal bid process and the approval of the bid by the CRA Board pdor to being issued as a purchase order. After all procedures have been met the ultimate responsibility for issuing a purchase order rests with the CRA Director. The issuance of the purchase order creates a legal obligation of the CRA with a vendor. The Controller has the responsibility for investigating alternate vendors and prices. If another vendor can supply the same or equivalent goods, at lower prices Director has the authority to change the vendor in order to secure the best value for the City on items totaling $1999.99 or less. TIME SCHEDULE FOR PROCESSING The following is presented as a tentative time schedule for processing Payment Requisitions, and Purchase Requisitions for planning purposes. The schedule is based on a typical Payment Requisition, or Purchase Requisition, that is complete and accurate as to processing. 10 Purchase Amount -Total Purchase Various Amounts Less than $2,000 $2,000 to $9,999 $10,000 or more Purchase Order Direct Payment Requisition Requisition/P.O. Requisition/P.O. Formal Bid Ti_______me Schedule for Processin.9_- Direct Payment Requisitions, ,,.ceived b Tuesday at 5:00 p.m. will receive a check on Fdday after 2PM. 6 working days to issue purchase order from ti.__.__~me received. 8 working days to issue purchase order from ti________me received. State Contract, "piggy-back" bids, RFP's, etc. Will be issued as a purchase order within 5 days after CRA Board approval if all requirements have been met (i.e., Certificate of Insurance, etc.)__ CRA PURCHASING POLICY MANUAL BIDS & PROPOSALS PURPOSE: Formal sealed bids and proposals are the most effective methods for soliciting competitive prices from vendors in the governmental purchasing sector. This policy will establish the procedures to use for sealed bids and proposals. POLICY: All contracts of the CRA shall be awarded by competitive sealed bidding except as otherwise provided in purchasing policies. All Bids, Request for Proposals (RFP's), Request for Qualifications (RFQ's), Contracts, Agreements, Leases, etc., shall meet the insurance requirements as stipulated in State Law. 1. Exclusions To The Formal Bid Process Are (but not limited to): A. Competitive Sealed Proposals compares the pdces of responsive/responsible bidders to determine an award by evaluating the proposal on a cost and qualitative basis, and the ability to meet the bid specifications that are detailed clear and adequate. Does not include negotiations with bidders after the bid is opened. B. Multi-Step Competitive Sealed Bid: (generally a two step process) wanting to award on basis of pdce, but available specifications are inadequate or to general to permit full and free competition without technical evaluation and discussion: First Phase: Issue request for information or proposal to which interested, potential suppliers respond with either necessary information or unpdced technical offers. Second Phase: Potential suppliers who submitted technically acceptable offers are invited to submit competitive sealed pdces based on their technical offers. Award: Is to the lowest responsive/responsible bidder. C. Competitive Sealed Proposal is relatively new technology, or non- standard items, allowing the ability to hold discussions and bargains with the offerors whose proposals are acceptable or potentially acceptable. Evaluates proposal against proposal on a cost and qualitative baSis to determine an award. · Description of the item or service to be purchased (statement of work). · Specific cdteria that will be used to evaluate the proposal along with the stated relative order of importance (generally): · Managerial capability. · Technical acceptability and performance requirements. · Reasonableness of price. approach in meeting · May ask for experience in the line of work being considered including references. · Staff capabilities along with resumes of key individuals who will work on the project. · Cost breakdown of the proposed price. D. Contracts for Designated Professional Services are services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. This would include architectural, engineering, and registered land surveying services. The procurement of professional services does not lend itself to normal competitive bidding and pdce competition alone. Eo Emergency Procurement allows the CRA Director to make procurement of commodities or contractual services where the cost exceeds ten thousand ($10,000) when there exists a clear and present threat to public health, property, welfare, safety or other substantial loss to the CRA, provided however, that such emergency procurement shall be made with such competition as is practicable under the circumstances. Sole Source Procurement may be awarded for a supply, service or construction item without competition when it is determined that there is only one source available; repairs or additions from the odginal equipment manufacturer; only supplier in the area; franchised or licensed distributor or service, patented or proprietary item; or by negotiation where the procurement by competitive procedures is not feasible nor practical. ,Any vendor identified as a sole source vendor must be supported in wdting from the vendor. G. State Contract is the State of Florida Purchasing Division's formal bidding process and award of vadous equipment and services contracts extended for use to all political subdivisions (entities). Provide support documents submitted with requisition to Purchasing. All applicable information as printed from the Flodda Commission Network as required by the use of State contracts. H. "Piggy-backing" onto contracts by other governmental agencies (i.e., county, school board) is encouraged when it is determined that this method of procurement will provide the best product/service at the best price without compromising specifications or quality desired. This method of procurement should be considered pdor to using any other methods set forth regardless of quantity or monetary value of the procurement. Provide support documents submitted with requisition to Purchasing. Tab sheet and/or letter of award that cleady specifies the product or service, prices, entity, and bid number. RESPECT of Flodda is a registered service mark of Flodda Association of Rehabilitation Facilities, Inc. the central non-profit agency of the commission for purchasing from the blind or other severely handicapped. A catalog is available in Purchasing Division for the procurement listings, which include: computers, first aid and safety products, janitorial products, municipal products, office products, promotional products, and services. GSA Contracts mean contracts entered into by the General Services Administration of the Federal Govemment (also known as GSA Schedules) and are multiple award contracts containing pdces to be utilized by all Federal Govemment Agencies. Provide support documents submitted with requisition to Purchasing. Cover page of contract indicating GSA number, title, beginning and ending dates. K. PRIDE of Florida is the Prison Rehabilitation Industries and Diversified Enterprises, (PRIDE) Inc. that is a non-profit, self-funded corporation chartered by the State of Flodda in 1981 to provide meaningful training and work experience to inmates in Florida's correction institutions. A catalog is available in Purchasing Division of all products, prices, and contact pdson. SNAPS is the State Negotiated Agreement Pdce Schedule (SNAPS) which is a State program created to eliminate keeping comparative pdcing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics. The accumulative or single purchase(s) for each governmental subdivision (entity) cannot exceed the State's Category V purchase level of $150,000. In Purchasing Division you can electronically access the SNAPS program and find the procurement category and company, contract with contract period, the requirements met in the contract and information on how to obtain from the vendor a copy of the contract agreement and price listing. 2. When A Formal Sealed Bid Process Is Used For Purchases Of $10,000 or More The Following Process Should Be Used. Invitation for Bids. An Invitation for Bids shall be issued for each solicitation for offers equal to or exceeding the mandatory bid amount and shall include a purchase description, and all terms and conditions applicable to the procurement. B. Bid Specifications. Specifications for all bids should be provided by hard copy and on a disk. Specifications are the basis for a vendor's bid. Realizing that his bid will be compared pdmadly on the basis of price, a vendor will seek to offer an item, which only meets the specifications. Consequently, it is vital that specifications make no assumptions, but rather detail every important facet of the item in question. To neglect to do so invites delivery of items, which meet specifications, but fail to meet expectations. Insurance. Insurance is required to safeguard the CRA from all claims resulting from damage to property and/or injury to persons caused by the vendor or his actions. The successful bidder shall be required to obtain, at their own expense, all minimum insurance coverage required under the terms and conditions of all Bids, Request for Proposal (RFP), Request for Qualifications (RFQ), Contracts, Leases, and Agreements. Insurance coverage generally required for construction and Installation bids are: · Worker's Compensation: extending coverage for worker's injury on the job. · Liability: extending coverage for personal injury, accidental death, and property damage. · Builder's All Risk: extending coverage of total value for the duration of construction project for any loss. D. Bonds. Bonds offer tangible protection in the form of monetary assurances that the bidder will meet their obligations. For bids of $25,000 or more, the successful bidder shall fumish a surety bond as a 15 security for faithful performance of order(s) awarded as a result of the bid, and for the payment of all persons performing labor, and on their fumishing matedal in connection therewith. Surety of such bond should be in the amount equal to the bid. Simultaneously with the delivery of the executed contract, the successful bidder shall deliver to the CRA, an executed bond or a letter of credit in the amount of 100 percent of the accepted bid as secudty for faithful performance of the contract and for payment of all persons performing labor or furnishing materials in connection therewith. The attorney-in-fact that signs the bond must file with the bond a certificate and effective copy of power of attomey. Bonds must be secured by the bidder at his own cost, and generally may be classified as: Bid Bond or Bid Security. This is a document, usually in an amount of five percent of the bid, which guarantees that the bidder will enter into a contract with the CRA if he wins the award. Bid bonds protect the CRA from erroneous or deliberate Iow bids which the vendor has no intention of honoring. Should he fail to enter into a contract, the bid bond is forfeited. Bid secudty must be submitted with the bid, and can be in the form of a certified check, cash, or bond. The awarded vendor's Bid Security will be returned after receipt of a Construction Bond or a Letter of Credit for 100% of the project. The successful bidder's Bid Bond will be retained if the Contractor does not conform to specifications, fails to perform as agreed upon in the Invitation to Bid. The CRA shall be entitled to collect or retain part or all of the deposit; whichever is necessary to rectify the bidder's unacceptable performance as to not conforming to specifications or fails to perform as agreed upon in the Invitation to Bid. Performance/Construction Bond. This bond is a surety instrument guaranteeing that the vendor will perform according to the terms of the contract, and is generally in an amount of 100% of the bid. This bond affords protection from non-performance in completion of major contracts, the effects of which would result in considerable injury to the CRA. Should the vendor default, the bond is cashed and the CRA may then utilize the funds to complete the contract with another vendor. Performance bonds are submitted upon award of contract, prior to the CRA signing agreements. Cash Bond. In the amount of the bid or contract award. · Irrevocable Letter of Credit. Sometimes used in lieu of a bond in the case of some construction projects or multi-year contracts. E. Bid Conditions. In addition to the general conditions of most formal bids some bids require special conditions that pertain specifically to the bid in question. Conditions differ from specifications in that conditions refer to requirements, which must be met by the bidder before specifications of his bid are even considered. Public Notice/Request to Advertise. Public notice shall be given a minimum of eight (8) calendar days prior to the date set forth therein for the opening of bids. Such notice shall include publication in a newspaper of general circulation no later than eight (8) calendar days pdor to bid opening. The notice shall state the bid title, scope of services or reason for the bid, and place, date, and time of bid opening. G. Bid Opening. a) Time of Bid Receipt. The CRA Director must receive bids no later than the time and date identified in the Invitation for Bids. Bids received after this time shall be retumed unopened to the bidder. CRA Director will stamp date and time received on all bids held for formal bid opening. The CRA reserves the dght to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the Bid and no award has been made. b) Public Bid Opening. All bids received shall be publicly opened in the presence of witnesses at the place designated in the Invitation for Bids. No additional bids, except stated in "Item an" above, will be accepted after the assigned receiving date and time. c) All Bids Unopened. If all bids are not opened at the assigned receiving date and time of the bid, for any reason other than failure of the vendors to present their bids or cause their bid to be presented at the appropriated time, the bid opening may occur the following workday at the same time as originally scheduled. H. Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in purchasing policies. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine suitability for a particular purpose. Those criteda that will affect the bid price and be considered in evaluation for award, excluding cash discounts, shall be objectively measurable, such as trade discounts, transportation costs, and total or life cycle costs. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluations that are not set forth in the Invitation for Bids. Corrections, Cancellation, or Withdrawal of Bids. Corrections or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid pdces or other provisions shall be permitted; provided however, the CRA Director or his designee shall have the authority to waive minor irregularities as provided by law. Bid Evaluation and Award. Bids should be evaluated based on the requirements set forth in the Invitation to Bid, which may include cdteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, service, price and suitability for a particular purpose. Those cdteda that will affect the bid pdce and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle cost, etc. The Invitation to Bid shall set forth the evaluation cdteda to be used. The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the Invitation to Bid. In determining "lowest responsible bidder", in addition to the bid evaluation criteria above, the following may be considered: a) The ability and skill of the bidder to perform the contract. b) Whether the bidder can perform the contract or provide the supplies/services as required, without delay or interruption within the time specified. c) The quality of performances of previous contracts or services. 18 K. Tie Bids. If two or more bidders are tied, the tie may be broken and the successful vendor selected by the following criteria presented in order of importanc,.,. a) Quality of the items or services bid if such quality is ascertainable. b) Delivery time if provided in the bid by the bidders. c) Location of the vendor with the following award preferences: CRA Vendor City of Boynton Beach vendor Palm Beach County vendor Florida vendor If the above criteda are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the time stamp on the envelope containing the bid. Mo Contract Extension. All invitations for bids for open-end contracts shall, when practical, provide for an extension of the contract for a time pedod up to the amount of the odginal time pedod, upon mutual consent of the buyer and seller and wdtten analysis by the Purchasing Agent that renewal is in the best interest of the CRA. Any contract extension less than $10,000 will require the approval of the CRA Director, and contract extensions above $10,000 will require approval of the CRA Board. Cancellation of Solicitation. A request for solicitations may be canceled and/or any or all responses to solicitations may be rejected in whole or in part when it is in the best interest of the CRA. The reasons therefore shall be made part of the bid file. After solicitations are opened, such rejection shall be made part of the bid file. CRA PURCHASING POLICY MANUAL CHANGE ORDERS PURPOSE: A change order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs, or amendments to contracts that entail additional cost. Some projects cannot identify all costs until the initial work has been completed. POLICY: A change order will be issued pdor to invoice payment for the following purposes: Construction Projects and Non-Construction Awards, which were initially approved by the Commission. Change orders for all construction and non-construction purchases, which were initially awarded by Board, will be approved as follows: (Based on cumulative change orders) Less than $5,000 requires CRA Director approval; $5,000 to $9,999 requires CRA Director or approval; $10,000 or more requires CRA Board approval. CRA Chairman Change orders will only be presented to CRA Board for approval when Cumulative ChanRe Orders for the awarded item has reached $10,000 or more. When presented to CRA Board all cumulative change orders that make up the cumulative change order amount of $10,000 or more will be presented as part of the approval. If after CRA approval additional change orders are required the same process will be used for the next cumulative change orders. An odginal of the change order shall be remitted to CRA Director attached to a purchase requisition requesting the change order. CRA Director will make the necessary change to the purchase order, and make a photocopy of the change order for their records. Normal purchase orders over $500 will have a tolerance of 10 percent of the purchase order amount up to $100. The invoices for these purchase orders can be processed without preparing a change order. Invoices, which exceed the tolerance limit, will require the CRA Director to review the discrepancy. The change order request shall justify the cause for variance. 20 3. Professional Services Contracts are a negotiated contract prior to services being rendered and change orders will require approval of the CRA Board. All change orders are to be reviewed and proce ;,~g to change the purchase order amount. Change orders will be distributed to the holders of the original purchase order. If there are any questions as to the procedure for processing a particular change order contact should be made with CRA Director CRA PURCHASING POLICY MANUAL REQUEST FOR PROPOSALS PURPOSE: When the CRA Director determines that the use of competitive sealed bidding is either not practical or not advantageous to the CRA, a contract may be entered into through receipt of the competitive sealed proposals. Florida Statute and these policies may also use competitive proposals for the procurement of professional services: as allowed. POLICY: Request for Proposals. Proposals shall be solicited through a Request for Proposal (RFP). The RFP shall be developed by the requesting department with the approval of the CRA ,Attorney and CRA Director. Request will identify required specifications to determine the parameters for the solicitation of bids. Public Notice/Request to Advertise. Public notice of the request for proposals will be given in the same manner as provided for competitive sealed bidding. Notice will be provided in local media no later than eight (8) calendar days pdor to the designated receiving date of the request for proposal. Receipt of Proposals. No proposals shall be opened until the time designated in the public notice of the request for proposals. A register of proposals in the form of a tabulation sheet shall be prepared containing the name of each offer. Proposal Conditions and Specifications. Conditions and specifications tend to serve more as guidelines than stdct standards. The object is to allow the vendor's own expertise to design a proposal which will fulfill the CRA's ultimate specified result. Conditions and specifications need not be so broad as to promote uninhibited proposals. By establishing boundaries within which to operate, and pointing the vendor toward the direction of the CRA's goal, the RFP seeks to elicit the best talents in the market place to solve its problems. o Inquiries on RFP. All questions in regards to an RFP shall be addressed to the CRA Director or designated contact person. CRA Director will coordinate the responses to the inquiry in the form of an addendum that alters or changes the end result of a RFP and forward copies to all known responders to the proposal. Evaluation Factors. The RFP shall state the relative importance of pdce, if appropriate, and other evaluation factors such as: quality, delivery and service, as well as past supplier performance, and conformance to specification and/or quotation requirements. Only criteria disclosed ,.,,, the solicitation for bid may be used to evaluate the items or services proposed. Discussion with Responsible Offers and Revisions to Proposals. As provided in the request for proposals, discussions may be conducted with responsible offers that submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and pdor to award for the purpose of obtaining best and final offers. Award. Award shall be made to the responsible/responsive offer whose proposal is determined to be the most advantageous to or in the best interest of the CRA, taking into consideration the evaluation factors set forth in the request for proposal. The contract file shall contain the basis on which the award was made. CRA PURSHASING POLICY MANUAL PROFESSIONAL SERVICE PURPOSE: To provide a policy, which fully complies with the requirements of the Consultants Competitive Negotiation Act (CCNA) as stipulated in Florida Statutes, Chapter 287.055 when the combined amount for, the services are $10,000 or more. DEFINITION: Professional services mean any services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. This would include architectural, engineering, and registered land surveying services. Professional services may include a report, or wdtten advice which may be lengthy; however, the main thrust of the service is not considered labor, but the exercise of intellectual ability. The procurement of professional services does not lend itself to normal competitive bidding and pdcing competition alone. These services may be procured by Letter of Interest or requests for proposals and selected through competitive selection and negotiation. POLICY: The CRA requires a competitive bid process for professional services when the cost of the service exceeds: A. Planning or study activity in the amount of $10,000 or more. B. Basic construction costs in the amount of $10,000 or more. The processes to contract for professional services are: Public Announcement/Request to Advertise At such time when professional services are deemed necessary by the CRA, the CRA Director shall provide and request for a legal advertisement to be published in a newspaper or general circulation within the Palm Beach County setting forth a general description of the project requiring professional services and providing instructions on how interested firms may apply for consideration by the CRA. In addition, a notification of the project will be sent to each certified firm which has expressed an interest in being notified, a mailing list created from the vendor file and a suggested list from the requesting Staff or Board. 24 2. Competitive Selection - There shall be a Competitive Selection Committee (CSC) which may be composed of the following representatives: a. Representative(s) of the CRA Board. Citizen appointed by the CRA Board based on their qualifications and experience in the area of discipline. Other representative(s) that may be deemed appropriate by the CRA Director or CRA Board. The responsibility of the CSC committee will be to: Short-list the number of firms to at lease a minimum of three firms. bo Select the best-qualified firm for the particular project without considering pdce or opening the fee submitted by each firm with the proposal. Hold discussions with all short listed firms after opening their fee proposal. Such discussion may encompass formal presentations by each firm. The requirements of presentations or discussion will be the same for each short- listed firm. d. Rank the firms based on qualifications and discussions. After selection of the firm that will best serve the interest of the CRA, staff will bdng their recommendation before the CRA Board to negotiate a contract. Competitive Negotiation - The (CSC) committee will attempt to negotiate a contract with the highest ranked firm to perform the services at a compensation that the committee determines to be fair and reasonable. If the committee is unable to negotiate a satisfactory contract with the firm obtaining the highest ranking, negotiations with that firm shall be formally terminated. The negotiation committee then shall undertake negotiations with the second ranked firm. If these negotiations also prove unsatisfactory, negotiations shall again be terminated and the committee will negotiate, in tum, with each firm in accordance with their ranking by the committee, until an agreement is reached or the short list is exhausted. When a short list is exhausted, a new solicitation for proposals must be initiated 25 o For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in Chapter 287.017 (5) (a), Florida Statutes, for Category Four (currently $60,000) the CRA shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit cost supporting the compensation are accurate, complete, and current at the time of contracting. Award of Contract - At the successful conclusion of negotiations, a contract award will be recommended to the CRA Board and a purchase order issued. Less Than Three Firms - In the event less than three (3) firms express interest in a project or less than three (3) firms are deemed qualified by the CSC Committee, then the CRA Director shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to readvertise and after subsequent advertisement, three (3) firms still cannot be qualified, then the CRA shall proceed hereunder with the firm's qualified. Prohibition Against Contingent Fees - Each contract for professional services shall contain the prohibition against contingent fees required by and set forth in Chapter 287.055 (6) (a), Florida Statutes. CRA PURCHASING POLICY MANUAL CONSTRUCTION CONTRACT pURPOSE: Due to the complexity of construction projects and the cost involved these contracts warrant special conditions. POLICY: In general, contracts for construction of major CRA projects are obtained through the Formal (Sealed) Bid process. Construction projects under $10,000 in cost may be processed by written quotations. Sealed bids are required for all construction projects over $10,000 in costs. The following special conditions will apply to all construction contracts over' $10,000: 1. Bid Preparation: Using/Requesting Department: The detailed specifications, special conditions that may apply, a suggested mailing list, a hard copy along with a disk, and a "Departmental Bid Request" form are to be assembled and provided to the CRA Director. It is the responsibility of the using/requesting department to insure that any special terms or conditions are complete, plans (including blueprints) and specifications are complete and accurate. Purchasing will review, add or delete information, add general and special conditions, necessary forms, proposal sheet, and prepare a "Request to ,Advertise" approval sheet for the CRA Attorney and CRA Director, pdor to selecting a bid receiving date and "Notice to · Advertise." An "Invitation to Bid" is mailed out to mailing lists assembled from the Purchasing Vendor List and the suggested vendor's list. All sales and pick-up of bid packages are handled in the CRA Director. Any addendum is prepared and mailed from the CRA Director. Outside Consultant: The consultant submits a specification package for review. Any changes, documents needed for the bid package, general and special conditions, and insurance information are retumed to the consultant for a complete bid package. The complete bid package is prepared for and submitted to CRA Director to prepare a "Request to Advertise" for the CRA Attorney approval. After approval and any suggested changes, a bid receiving date is selected and a bid number assigned. The final bid package is provided to CRA Director to prepare an "Advertising Notice" for the posting and mails out the "Invitation for Bid" or "Notice to Contractors" from the Purchasing Vendor Listing and any suggested vendors. The outside consultant is usually in charge of the bid package sales or pick-ups and supplies a list to CRA Director. If the consultant issues any addendum, they are to provide a copy to the CRA Director as soon as possible and submit the vendor mailing list of those who were sent a copy of the addendum. Announcement of Bids. Due to the contractor's desire to share in large dollar projects, interest in construction projects is generally high. To assure the greatest degree of competition, all of the following shall be used to announce the bids: Newspaper Legal Ads. Legal ads are an excellent method of attracting interested bidders, while also dispelling any criticism of bids only going to favored contractors. For this reason, they are required to be posted in a newspaper of general circulation in Palm Beach County. Legal ads are generally requested by the Purchasing Division and placed by the CRA in the local newspaper. Legal ads should briefly state the name of the project, location, nature of work required, contact person name and telephone number, bid receiving date and time, cost of plans, and location where bid specifications may be obtained. The ads should be placed a minimum of eight (8) calendar days pdor to the bid receiving date. Advertisements may also be listed in the Dodge Reports, and other construction joumals. Mailing to Interested Contractors (Bidders List). The pdmary contracts for construction bids are those firms that have previously done work for the City and CRA or expressed a desire to bid. A list of these firms shall be assembled from records from CRA and other City departments involved in the construction project. Additionally, CRA Director and the CRA Board may contribute firms that are listed in various reference sources, including: Thomas Register, Municipal Index, Yellow Pages, Contractor's Blue Book, Palm Beach County Minority Business Directory, etc. Generally, only an "invitation to bid" letter, or a "notice to contractor" should be mailed to firms on the bidders list. This policy will serve to conserve mailing costs and assure that bid plan pdnting costs are offset by sales of the plans to interested firms (rather than distributing them gratis). c) Pre-Bid Conference. For all construction projects, a pre-bid conference may be held. Attendance at this conference is not mandatory, but highly recommended, for all bidders. d) Sale of Plans. Bid packages, including plans and blueprints, are generally sold to interested contractors by the CRA and at times by the consultant. CRA must constantly monitor the quantity of plans on hand. The originating department shall provide additional plans as needed. The duty of selling plans is that of the CRA. As each contractor purchases plans, their payment should be recorded. The CRA will tabulate the payments for sale of plans and process the receipts for proper recording in the fiscal records. In addition, the firm's name, address, and sometimes phone number of contact person shall be noted on the mailing list. Bid Opening. Due to the generally higher dollar cost of construction projects, the bid opening shall be handled very seriously and in a highly professional manner. No bids will be accepted after the receiving date and time (exception; the CRA reserves the right to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the bid and no award has been made). The CRA Director is in charge of the bid opening and shall fully record the various bids for the construction project. All procedures as noted in "Section 5 - Bids" shall be followed. Anyone requesting to review bids will be requested to wait until all bids received are finally tabulated and a staff person is available to monitor the bid package review process. Bid Review and Award. To allow a through bid review by the originating department, CRA should make copies of the tabulation sheets and have all bids available for their review (upon request). Included would be the contractors Bid Form, response page, references, bid bond, and any pages stating substitutions or changes to the bid document. 29 o In some cases, review of bids may be performed by a contracted Architectural/Engineering firm. Copies of bids must then be provided to both the CRA and the Architectural/Engineering consultant. The contract award should generally be made to the lowest most responsive/ responsible bidder meeting specifications as outlined in "Section 5 - Bids". If this is not the case, a thorough explanation should accompany the formal evaluation. The CRA Director will then review the award. Assuming CRA Board approval, a purchase order will be issued to the successful contractor after agreements are approved and signed, and bonding and insurance requirements have been met. Care must be taken to reference the bid on the purchase order, noting that "all terms, conditions, plans, and specifications" of that bid shall apply. Formal Construction Contract (Agreement). Due to the complex nature and duration of construction projects, a formal construction contract is prepared and copies are issued to all parties. These contracts are prepared in either a hired Architectural/Engineering firm, or the CRA Attorney's Office. The formal construction contract is based on the bid document and plans. The contractor shall provide all required licensing, insurance, and bond documentation to the CRA along with the signed contracts. All contracts are reviewed and approved by the CRA Attorney as to form and legality before the contract is signed. 30 CRA PURCHASING POLICY MANUAL PURCHASING/PETTY CASH PURPOSE: This policy will allow for the procedures to establish and manage a petty cash fund. POLICY: The departments have the authority to request a petty cash fund to meet small incidental purchases for facilitating the transaction of CRA business such as: small purchases that must be made from vendors that do not offer the CRA credit, postage for special delivery, toll receipts, parking, etc. Petty cash requests will not be authorized for individual purchases that exceed $100.00. The Petty Cash Fund shall designate a custodian to be responsible for the control of these funds. The employee assigned as custodian will be responsible for controlling the flow of cash in and out of the Petty Cash Fund, making sure proper receipts are obtained for each purchase and assuring that proper forms are obtained for each purchase, and assudng the proper forms are filled out completely and authorizing signatures obtained. The custodian will also be responsible for reconciling the Fund as needed and applying for reimbursement. Procedures for a petty cash fund are aS follows: Petty Cash Payments - When an employee request reimbursement, or receives an advance, from petty cash the Petty Cash Receipt must be used. This form provides for identification of: dollar amount of receipt; reason for purchase; expense code; signature of employee receiving petty cash; signature of department custodian for petty cash; and signature of department head. Anytime a disbursement is made from petty cash it is required that this form be completed in full. Petty Cash Reimbursement - Petty cash funds should be reconciled on a weekly basis, or more frequent if needed. Reimbursement request will be submitted to the Controller on a Direct Payment Requisition with the description stating "Petty Cash Reimbursement". The account codes from the Petty Cash Receipts will be summarized on the Direct Payment Requisition. The Direct Payment Requisition, Petty Cash Receipts, and supporting invoices will be sent to the Controller for reimbursement of 3! petty cash. Sales tax will be not be paid on petty cash invoices. The CRA is tax exempt and it is the responsibility of the purchaser to properly notify the vendor of the tax-exempt number. Discrepancies in Petty Cash - Any discrepancies in the petty cash fund maintained by the department should be brought to the immediate attention of the CRA Director. 3?- CRA PURCHASING POLICY MANUAL PURCHASING CREDIT CARD PURPOSE: The CRA Purchasing Card Program is designed to improve efficiency in processing Iow dollar value purchases from any vendor that accepts the Visa credit card. Many of our current suppliers, currently being paid by the purchase order or blanket purchase order system, will accept the Visa credit card. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the name is cleady shown on the card as the Governmental buyer of the goods and services. Also, included on the credit card will be the City's sales tax exemption number. CRA Director and CRA Board will monitor the performance of the program. The purpose of this policy and procedures is to accomplish the following: 1. To provide an efficient method of purchasing and paying for goods and services not exceeding $500 per purchase (total invoice). 2. To assist in the procurement of small dollar purchases. 3. To replace manual hardcopy requisitions and purchase orders for Iow dollar value purchases. 4. To ensure purchasing credit card purchases are in accordance with the CRA's ordinances policies and procedures. 5. To reduce the time spent to process Iow dollar value transactions. 6. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 7. To provide for disciplinary action if the purchasing credit cards are misused. The policies and procedures provided herein are minimum standards for use. ASSIGNMENT AND CONTROL OF THE PURCHASING CARD LOST OR STOLEN PURCHASING CARDS: If a purchasing card is lost or stolen, the Cardholder must immediately notify SunTrust at , and the CRA Director of the loss, verbally and in writing. The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. CARDHOLDER USE ONLY: The purchasing card may be used only by the employee whose name is embossed on the card. No other person is authorized to use the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY: The purchasing card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use and any such use will require immediate reimbursement and will result in disciplinary action that may include dismissal and/or cdminal charges. DOLLAR LIMITATIONS: The assignment of a purchase card will establish limits for each Cardholder, a single purchase limit and a 30-day limit. The maximum limits shall be for a single purchase $250 and $500 during the 30-day billing cycle. Requests for spending limit changes must be initiated and authorized by the CRA Board. Additional limitations maybe imposed by the CRA Board. A purchase may be made of multiple items, but the total invoice cannot exceed $250. CHARGES FOR PURCHASES SHALL NOT BE SPLIT TO STAY WITHIN THE SINGLE PURCHASE LIMIT. 3. PURCHASE LIMIT. This will be considered abuse of the purchasing card program and can result in cancellation of card and/or disciplinary action. 34 PURCHASING CARD SECURITY: Your purchasing card should always be treated with at least the same level of care that you do with your own personal credit cards. A. STORAGE OF THE PURCHASING CARD: Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. B. ACCOUNT NUMBER: Guard the purchasing card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD: The only person entitled to use the purchasing card is the person whose name appears on the face of the card. Do not lend your purchasing card to another person for use. D. LOST OR STOLEN CARDS: If the purchasing card is lost or stolen, you must immediately notify the CRA Director. MISSING DOCUMENTATION: If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. PAYMENT AND INVOICE PROCEDURES: A. The purchasing card company, NationsBank, will mail all individual billing statements to the CRA Controller and one consolidated statement for all cardholders to the CRA Director. The individual billing statement will list all transactions processed during the billing cycle. If no purchases were made on the purchasing card during the billing 35 cycle, no individual monthly statement will be generated unless adjustments for previously billed transactions have been processed during that cycle. B. The Cardholder must review the individual statement and the Monthly purchasing Card Transmittal Form with the Department/Division Purchasing Coordinator and note any errors or disputes. Charge slips/receipts for all items listed on the statement shall be attached to the statement. These receipts are to be stapled to the monthly statement in the order as it appears on the statement. ATTACHMENT II CRA PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, (name of employee), (employee social security number), hereby request a Procurement Card. As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers" as identified by the Purchasing Department, except when deemed otherwise by my Department. I understand that the CRA is liable to NationsBank for all charges made on the Card. I agree to use this Card for approved purchases only and agree not to charge personal purchases. I understand that the card may not be utilized for cash advances. I will not permit another individual to utilize the card issued to me. I understand that the CRA will review the use of this Card and the related management reports and take appropriate action on any discrepancies. I acknowledge that the Card may only be used for purchases that total less than Five Hundred ($500.00) Dollars per transaction. It is my responsibility to ensure that the supplier has the City's tax-exempt number. I agree to return the Card immediately upon request or upon termination of employment (including retirement). Should there be any organizational change that causes my department to likewise change, I also agree to return my Card and arrange for a new one, if appropriate. I understand that the CRA, or NationsBank, may suspend or cancel the Card at any time for any reason whatsoever and I shall retum the Card immediately upon notification or cancellation. The purchasing card issuing company, NationsBank, will not have individual Cardholder information other than the Cardholder's work address. No credit records, social security, etc of the Cardholder are maintained. 3? CRA Purchasing Card Program Employee Agreement Page 2 of 2 I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: provide supporting charge slips/receipts for all transactions appearing on the statement, review monthly statement with Department/Division Purchasing Coordinator, and signing a certified Monthly Purchasing Card Transmittal Form with account numbers, reason for purchases, and dollar values. I further understand the importance of timely processing of documents to the Purchasing agent (five (5) workdays from receipt of statement.) If the Card is lost or stolen, I agree to immediately notify Bank ( and the Controller (1-561-'742-6435) of the loss, verbally and in wdting. Employee Signature and Date Witness Signature and Date Print Name - Employee Pdnt Name - Witness Controller Date FOR OFFICIAL USE ONLY Issuance Date Department: 38 [] RETURN CHECK TO DEPT. COMMUNITY REDEVELOPMENT AGENCY DIRECT PAYMENT REQUISITION FORM 121 Please issue a check in the amount of 0.00 TO: FOR: Requested By: Approvals: Controller Executive Director Accounts Payable Check Date: FUND CODE DEPT AMOUNT 0.00 Memo To: From: Subject: Date: CRA Board & City Manager, Kurt Bressner Douglas Hutchinson Joint Workshop April 17, 2003 The City Manager will compile the items for discussion for the workshop. Please review this list and add comments, as soon as possible. All issues will not be able to be addressed; therefore some maybe combined and general direction may be sought. · Infrastructure, · Affordable Retail, Commercial, Residential Elements in Downtown, · Public Space, · Project Elements Such As Density, Height, Design, · Future "Look" of Downtown, · CRA Board Members Qualifications, · CRA Direct Incentive Program, · Downtown Development - Why Are We Doing This? · Role of CRA in Heart of Boynton, · CRA Develop Programs to Address Operational Issues and Improvements, Capital · Library Expansion · High School Rehab, · Police, · Fire/Rescue, · Trash Collection · Museum/Public Arts, · Public Parking · Trolley, · Events, · Future of the CRA and Management District Concepts, · Five Year Forecast, · CRA District Area and Configuration, · Establish a Semi Annual "State of the CRA" Joint Workshop. Additionally the CRA has several items that we are working on at this time. These might be of interest for discussion for the Workshop: · Boynton Beach Blvd., Promenade and Riverwalk Design/Build Contract, Boynton Beach Blvd. Corridor Study, · CRAArea Design Guidelines, · Savage Creatures of Ancient Seas Attraction, · Heart of Boynton Redevelopment Projects, · Public Parking (surface and garage) for Downtown, · Old High School Task Force, · LDR Rewrite Input, · Affordable Spaces Incentive Concepts. City Planning Department for the CRA · Ocean District Update. Hutchinson, Douglas From: Sent: To: Subject: Bressner, Kurt Thursday, April 17, 2003 12:51 PM Hutchinson, Douglas; Sugerman, Dale; Hawkins, Wilfred; Greene, Quintus; Livergood, Jeffrey Draft Agenda for Commission/CRA Meeting Draft Agenda for meeting .... please feel free to cut, edit and add. I think it is a wee bit too ambitious for a one- night adventure. Draft Agenda City Commission & Community Redevelopment Agency Workshop Tuesday, April 29, 2003 6:00 PM - Library Program Room 1. Introductions 2. Discussion of New CRA Incentive Program - How Will it Work? 3. The Issues Facing the City in the Core CBD Area a. Overview of Pending Projects by Staff- Project Elements and Design b. Infrastructure Issues in CBD Area c. Mixed Use High and Conventional Zoning How Does it Work? d. How Will the Development Community Help Pay for Impacts? (Police, Fire, Traffic/Transportation, Cultural, Parking) e. What Type of Incentives are Desirable and for What Purpose? f. Should a Downtown Development Authority Be Explored? 4. Membership in the CRA - What are the Qualifications to Serve? 5, The Role of the City and the CRA in the Heart of Boynton. 6. What Possible Changes May Occur on the Federal Highway Corridor Outside the CBD? Hutchinson, Dou~llas From: Sent: To: Subject: Sugerman, Dale Thursday, April 17, 2003 2:52 PM Bressner, Kurt; Hutchinson, Douglas; Hawkins, Wilfred; Greene, Quintus; Livergood, Jeffrey RE: Draft Agenda for Commission/CRA Meeting Kur,- T have o couple of comments/suggestions: !) There seems to be o perception that the Ci~ has "given away" things in the past (incentives, waivers, grants, etc.). Whether that perception is accurate or not is another story. I'm afraid if the first thing on the agenda (after introductions) is the CRA Incentive Program, we may get some folks saying "here they go again", even though this incentive program is back-ended and is the kind of inducement program that we want to have in place. I'd either change the title to inducement, or put this topic on the agenda for later in the meeting. Let's have the attendees concentrate on some of the "meat and potatoes" or "bricks and mortar" stuff, rather than on some "scheme" the staff is coming up with. 2) As you know, I moved my vocation, so I won't be able to attend this meeting. If you're looking to drop some agenda item(s) so that the evening is more manageable, I'd drop the topic on infrastructure (in particular as it relates to Utilities). As you know, pipe size is not so much the issue, as is the ability to deliver water against a limited Consumptive Use Permit. As I've shared with you over the last two weeks, T think we're getting closer and closer to the CUP issuance. Once that is issued, then T think we can have some discussions about downtown utilities infrastructure. 5o I would suggest that this topic be dropped for another meeting to be held at a later date. 3) Notice agenda topic 3e. That is really related to topic 2. Why don't you drop topic 2 and blend it in with topic 3e? That relates to my point #! above. Hope that these thoughts help. Dale .... Original Message--- From: Bressner, Kurt Sent: Thursday, April 17, 2003 12:51 PM To: Hutchinson, Douglas; Sugerman, Dale; Hawkins, Wilfred; Greene, Quintus; Livergood, Jeffrey Subject: Draft Agenda for Commission/CRA Meeting Draft Agenda for meeting .... please feel free to cut, edit and add. I think it is a wee bit too ambitious for a one-night adventure. Draft Agenda City Commission & Community Redevelopment Agency Workshop Tuesday, April 29, 2003 6:00 PM - Library Program Room 1. Introductions 2. Discussion of New CRA Incentive Program - How Will it Work? 3. The Issues Facing the City in the Core CBD Area a. Overview of Pending Projects by Staff- Project Elements and Design b. Infi:astmcmre Issues in CBD Area c. Mixed Use High and Conventional Zoning How Does it Work? d. How Will the Development Community Help Pay for Impacts? (Police, Fire, Traffic/Transportation, Cultural, Parking) e. What Type of Incentives are Desirable and for What Purpose? f. Should a Downtown Development Authority Be Explored? 4. Membership in the CRA - What are the Qualifications to Serve? 5. The Role of the City and the CRA in the Heart of Boynton. 6. What Possible Changes May Occur on the Federal Highway Corridor Outside the CBD? MINUTES OF THE HIGH SCHOOL TASKFORCE MEETING REGULAR MEETING HELD IN CRA OFFICE BOYNTON BEACH, FLORIDA ON THURSDAY APRIL 10, 2003. Present Doug Hutchinson, CRA Director Don Fenton, CRA Board William Orlove, Private Citizen Arleen Dennison, Director Children's' Science Museum Henderson Tillman, CRA Board Ron Weiland, City Commissioner Dale Sugerman, Assistant City Manager Absent Taryn Wheat I. Call to Order Doug Hutchinson called the meeting to order at 6:00. Approval of the Minutes There were no corrections to the minutes so Don Fenton approved the minutes as is and Ron Wieland second the minutes of the last High School Task Force Meeting. II. Business Meeting A. Review the RFP for Environmental Study B. Review the RFP for Structural Study Doug Hutchinson discussed the RFP's for Environmental and Structural with the Task Force. Doug added that he had included the ADA and Life Safety Issues in the RFP's to make the building stable and livable. Bill Orlove asked if the scoring included if the business had every done business with the City of Boynton Beach due to the fact that the Task Force wanted a new third party to look at the High School. Doug explained that would be considered as part of the scoring. Doug also suggested that the whole Task Force do the scoring on the RFP's. Arlene inquired, in the background section, should it be included within the RFP if a firms had every suggested a demolition as opposed to restoration of a structure? Doug stated he felt that the High School was in good enough shape that no structural or environmental engineering firm would suggest to demolish it, but that it would come down to the price to restore it. It was decided that the RFP's would be published in News Papers, Trade magazines, Trade Journals for 45 days. The Notice would state that the RFPs would be due back to the CRA by 30 days. The Task Force would also do there walk through the High School on April 18, 2003 at 10:00 AM. It was decided that the Task Force members that were walking through the High School would meet at the CRA office at 9:30 AM. Establish date and time for next meetinp It was decided that the Team would set the time when the RFP's were received back at the CRA office. III. Other Items. There were none. IV. Adjournment at 6:25 PM COMMUNITY REDEVELOPMENT AGENCY High School Taskforce Meeting Thursday April 10, 2003 6:00 P.M. CRA Office I. Call to Order. I1'. Business Meeting: A. Review the RFQ for Environmental Study B. Review the RFQ for Structural Study III. C. Set Next Meeting Time and Date Other Items V. Adjournment Any person who decides to appeal any decision of the Commun/ty Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MINUTES OF THE HIGH SCHOOL TASKFORCE MEETING REGULAR MEETING HELD IN CRA OFFICE BOYNTON BEACH, FLORIDA ON FRIDAY MARCH 28, 2003 4:00 P.M. Present Doug Hutchinson, CRA Director Don Fenton, CRA Board William Odove, Private Citizen Arleen Dennison, Director Schoolhouse Children's' (History) Museum Taryn Wheat, Ron Weiland, City Commissioner Vince Zabik, Contactor Absent Henderson Tillman, CRA Board I. Call to Order Doug Hutchinson called the meeting to order at 4:05. II. Introduction Everyone introduced themselves and why they were asked to be on the task force. A..project Review and Status: CRA Staff and Vincent Zabik of Show Case Contractors. Doug Hutchinson presented an overview of why the Task Force was formed and a history of the process. Doug explained that he was given a charge to determine if the High School was worth saving and what types of readaptive uses could be put in the High School building. After having conversation with several groups as to space needs, Doug set up a meeting to view the inside of the High School. Doug Hutchinson, Vince Zabik, Larry Finkelstein, Arleen Dennison, and Jim Barrett toured the High School and took pictures. The entire group came to the same conclusion that the High School was in great shape and should be looked at again. Doug Hutchinson presented these findings to the CRA Board. Kurt Brenesser also offer $50,000.00 to form a task force to perform the studies necessary to determine is the High School could be reused to not. The CRA Board voted to set a Task Force to determine the following and present their findings back to the CRA Board in one year. 1. Request the $50,000.00 for the City of Boynton Beach 2. ask for a one-year extension 3. Create a seven member task force to perform the studies and bring the results back to the CRA Board in one year. Vince Zabik, an independent contactor, who went with the group, presented his findings with a list of potential problems that cooresponsed to the pictures to the task force. The list is attached to the minutes. Doug presented a copy of previous structural report for GEE & Jensen and the Feasibility Cost Study by REG to the task force. Don Fenton stated that he would like to get new structural and environmental studies completed right away so they could set the record straight as to the structural conditional of the High School. Don suggested that an RFQ for both structural and environmental be completed right away. The Task Force suggested that the contractors given the job should not have done business with the City of Boynton Beach before if possible due to the perception problem the High School already has. It was decided that Doug Hutchinson would have an RFQ ready for the Task Force at there next meeting. B. Select Task force Chair Person and Vice Chair Person The Taskforce decided they wanted to meet as a group and did not need a Chair Person or Vice Chair Person. The Taskforce did ask Doug Hutchinson to set up the meetings. C. Establish date and time for site visif The Taskforce decided they would set up a meeting for the High School site visit will be April 7th or 8th, D. Establish date and time for next meeting The Taskforce set up the next meeting on April 10th at 6:00 PM at the CRA Office. III. Other Items. There were none. IV. Adjournment at 5:10 PM MAR-29-O~ 12 :2? AM Boynton Beach High School Contractor's Review March 28, 2003 Entered at rear of building. #1. First room was ladies bathroom. 2"x 6" hole plaster falling from leak above. Fixtures old, no water, in very good condition for the age. Photp#1 #2. Next room marked police storage. Small leaks from above, large room in very good shape. Photo #2. #3. Class room small wall cracks, ceiling spots from water, in good shape with minor repair. Photo 03. 04. Electrical storage room, up dated breaker panels with older sub panels. Vacuums, mops, cleaning supplies, no signs of repair needed. Photo 04. #5. Classroom, minor cracks and leaks in very good shape for age. Photo #5 #6. Principals office. Small leaks, everything seams to be in working order. So far all leaks seam to be from the roof or the windows. Photo #6. #7. Down stairs classroom under gym. Twin I beam concrete ceiling, one crack needs to be addressed. Ail other looks good. Photo #7 //8. West side bathroom, very good shape. Photo #8 #9. Stair well, skylight leaking. Photo #9 010. See#nd floor bathroom in very good shape, dirty from windows left open. Photo 010 #11.~ Hallways, minor wall cracking from age. Photo #11. #12. Second floor classroom and storage closet. Leak in plumbing stack in closet bad, classroom in very good condition. Photo 012. #13. Second floor classrooms ali in relatively good shape except for roof leaks, #14. Second floor hallway ceiling plaster falling due to roof or stack leaks. On going leaks and patches from previous. Photo#14. #15, Gym, dirty but has a beautiful wood floor In excellent shape. This would be great place to shoot an old movie like American Graffiti. Photo #15. 016. Rear stairwell off Gym, Bad leaks needs major work. HAR--29-95 12:2~ A~ P.E) 2 #17, Front stairwell east side, same as other skylight leaks. #15. Teachers bathroom, in good shape with plaster cracks, Photo #18 #19. East classroom, in very good shape, small plaster cracks older leaks. I-llt by lightning at one time. Photo #19. #20, Small hallway to baths and men and women's bathroom all in good shape no photo, #21. Downstairs cafeteria, unable to access no keys, Conclusion: For the age of the school and no major up keep for over ten years the school is in great shape. Items to be replaced or repaired, roof, windows, paint, and a whole lot of cleaning. Water and A/C could not be checked but look to be in fair condition. Also note the electric was up date.d, at some ti.re, e and the A/C was added. The hype surroundin.g the building is unbeheva hie, wearing space suites and needing a physical to enter is unealled for. I have been in a lot worse homes were people were living. ! found no roaches, spiders, asbestos or live rats. The electric that services the trailers out front comes from this building. If in an emergency this school could be in operating condition just a few days, I would like to thank the City of Boynton for letting me give you an unbiased opinion of the condition of thc old school house. Ifa good use can be found this building would be a great asset to the community. Sincerely Vince Zahlk Showcase Contractors Inc. II. Business Meeting City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Environmental Analysis Updatc Historic High School Task Force No. HHS Environmental 2003-1 Request for Proposals ISSUING ENTITY: HISTORIC HIGH SCHOOL TASK FORCE OF BOYNTON BEACH CONTACT PERSON: DOUGLAS HUTCHINSON TELEPHONE NO. (561) 737-3256 FAX NO. (561) 737-3258 ,2003 ADDRESS FOR PROPOSAL SUBMITTAL: CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE ATTN: MR. DOUGLAS HUTCHINSON CRA EXECUTIVE DIRECTOR 639 E. OCEAN AVENUE, SUITE 107 BOYNTON BEACH, FLORIDA 33435 QUALIFICATIONS SUBMISSION DATE: by 4:00 p.m. (Eastern Standard Time) THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP TO THE CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE RESPONDENT. THE CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY THE UNITED STATES MAIL OR ANY OTHER DELIVERY SERVICE, OR CAUSED BY ANY OTHER OCCURRENCE. Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 Request for Statement of Qualifications - Phase I TABLE OF CONTENTS 1.0 GENERAL PROJECT DESCRIPTION 2.0 BACKGROUND ................... 3.0 4.0 5.0 PROJECT SPECIFIC INFORMATION ................................................................................ 3 3.1 General Requirements ............................................................................................... 3 3.2 Overall Risk Posture ................................................................................................. 3 THE PROCUREMENT PROCESS ...................................................................................... 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Procurement Objectives ............................................................................................ 4 HISTORIC HIGH SCHOOL TASK FORCE Rights Regarding Procurement ............. 4 RFP and Qualifications Submittal ............................................................................. 4 Oral Instructions and Communications Preliminary Procurement Schedule ........................................................................... 6 Expenses of the Proposer Firms ............................................................................... 6 Information Disclosure to Third Parties ..................................................................... 6 SUBMITTAL OF QUALIFICATIONS .................................................................................... 6 5.1 5.2 5.2.1 5.2.2 5.2.3 5.2.4 5.2.5 5.2.6 5.2.7 General Instructions .................................................................................................. 6 Information Requirements of Qualifications Submittal .............................................. 7 Cover Letter ................................................................ 7 Table of Contents ................................................... i..iii..iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 8 Proposer Firm Composition and Background .................................................. 8 Technical Qualifications Project Experience/References ....................................................................... 9 Financial Information ...................................................................................... 10 Project Guarantor .......................................................................................... 11 Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 6.0 EVALUATION CRITERIA AND RANKING OF SUBMISSIONS ......................................... 11 6.1 6.2 6.3 6.4 6.5 Qualifications .......................................................................................................... 11 Project Qualificationss ......................................................................................... 12 References ......................................................................................................... 12 Qualifications ....................................................................................... 12 Change Order History ........................................................................... 13 List of Attachments/Figures Attachment A - Insurance Requirements Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 Request for Proposals 1.0 2.0 GENERAL PROJECT DESCRIPTION The intent of the HISTORIC HIGH SCHOOL TASK FORCE is to obtain a Environmental Engineering Firm that will assess the current status of Boynton's "Historic High School Structure" located at Seacrest and Ocean Avenue, Boynton Beach, Florida for renovation or removal. BACKGROUND The HISTORIC HIGH SCHOOL TASK FORCE was established by the Boynton Beach City Commission to evaluate the real potential for adaptive re-use of the "Historic Structure". One of two preliminary steps that the Task Force has identified is for an independent environmental analysis of the structure be preformed to determine its status, cost to repair or stabilize or recommend removal of the structure. The report from actual on site investigation will define each of these three possibilities. .~.0 PROJECT SPECIFIC INFORMATION 3.1 General Requirements We have outlined below some of the proposed elements that will be included in the project. General Building Condition 1. Environmental Analysis for Interior and Immediate Area around the building perimeter. 3.2 Overall Risk Posture The selected Proposer Firm will enter into a Professional Services Agreement with the HISTORIC HIGH SCHOOL TASK FORCE for the Scope of Work herein outlined. As the HISTORIC HIGH SCHOOL TASK FORCE proceeds through the RFP procurement process, it will define and revise, as necessary, the overall process. Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 4.0 THE PROCUREMENT PROCESS 4.1 Procurement Objectives The HISTORIC HIGH SCHOOL TASK FORCE is seeking Professional Environmental Engineering Services to clearly assess the status and cost to renovate the Historical High School Building. 1. Establish the true status of the structure. 2. Establish the extent of needed renovation of basic systems to meet code. 4.2 HISTORIC HIGH SCHOOL TASK FORCE Ri.qhts Re.qardin.q Procurement The HISTORIC HIGH SCHOOL TASK FORCE is not bound to accept any Proposal if the Proposers do not meet HISTORIC HIGH SCHOOL TASK FORCE requirements and standards. Further, the HISTORIC HIGH SCHOOL TASK FORCE reserves the right, at its sole discretion, to: · Accept or reject any and all submittals, in whole or in part, · Discuss different or additional terms to those included in this RFP or received in any response, · Amend or modify any terms of this RFP, · Invalidate this RFP and issue a second RFP, · Request clarification of the information submitted as part of the PROPOSAL, · Extended the date for receipt of RFP. 4.3 RFP and Qualifications Submittal This RFP is the only step in the procurement process for the selection of an Environmental Engineering Firm. There will be no pre-submittal meeting for this RFP. The PROPOSAL must be submitted no later than 4:00 p.m. (Eastern Standard Time) on to: CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE Attn: Mr. Douglas Hutchinson 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 In order to be eligible to enter into a contract agreement, a PROPOSAL must be received in response to this RFP. The Selection Committee can include HISTORIC HIGH SCHOOL TASK FORCE Members and advisors. Based on the evaluation of the PROPOSAL, HISTORIC HIGH SCHOOL TASK FORCE will select the Firm and invite them to negotiate a contract. Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 Proposer Firms must respond in accordance with Section 5 of this RFP. Responses will be evaluated using the criteria set forth in Section 6 of this RFP. During the evaluation of PROPOSAL, the HISTORIC HIGH SCHOOL TASK FORCE may seek additional clarification and information from Proposer Firms. 4.4 Oral Instructions and Communications The HISTORIC HIGH SCHOOL TASK FORCE is committed to a fair, open process for interested parties to receive information about procurement of the Project and the competitive solicitation process, which the HISTORIC HIGH SCHOOL TASK FORCE is proposing to utilize for selection of a Proposer and award of a contract. After distribution of this RFP, all questions concerning this procurement process shall be directed to: CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE Attn: Mr. Douglas Hutchinson 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 (561) 737-3256 [phone] (561) 737-3258 [fax] No negotiations, decisions or actions shall be initiated or executed by a Proposer as a result of any oral discussions with the HISTORIC HIGH SCHOOL TASK FORCE. Only those communications which are in writing from the HISTORIC HIGH SCHOOL TASK FORCE shall be considered as a duly authorized expression on behalf of the HISTORIC HIGH SCHOOL TASK FORCE. The HISTORIC HIGH SCHOOL TASK FORCE will forward to all Proposers in receipt of the Request for Proposals, written responses of the HISTORIC HIGH SCHOOL TASK FORCE to a Proposers' question. Also, only written communications from Proposers, which are signed by persons who are authorized to contractually bind the Proposers, will be recognized by the HISTORIC HIGH SCHOOL TASK FORCE as duly authorized expressions on behalf of the Proposers. All communications to the HISTORIC HIGH SCHOOL TASK FORCE must be submitted in writing and are subject to distribution to all Proposer Firms. Communications sent via electronic mail will be printed and made available to all Proposer Firms. No questions shall be directed to any other parties involved in this procurement process, which include representatives of HISTORIC HIGH SCHOOL TASK FORCE management, City management, HISTORIC HIGH SCHOOL TASK FORCE's financial and legal advisors, HISTORIC HIGH SCHOOL TASK FORCE's Members and HISTORIC HIGH SCHOOL TASK FORCE's design and procurement consultants. Violation of this protocol is grounds for immediate and permanent disqualification of the Proposer Firm from the procurement process. The only exceptions to this requirement are: (1) written requests regarding information or clarification made to Mr. Douglas Hutchinson, HISTORIC HIGH SCHOOL TASK FORCE, or (2) any communications at a pre-proposal conference or a publicly noticed meeting of the HISTORIC HIGH SCHOOL TASK FORCE. Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 4.5 Preliminary Procurement Schedule After submission of the Proposer's RFP Package, the selection committee shall review each submitted RFP package and rank the Proposers based on the evaluation criteria noted within this RFP. There will be no additional requirements. Based on the RFP Package evaluation, the HISTORIC HIGH SCHOOL TASK FORCE will enter into negotiations with the highest-ranked Proposer Firm. 4.6 Expenses of the Proposer Firms The HISTORIC HIGH SCHOOL TASK FORCE accepts no liability for the costs and expenses incurred by the Proposer Firms in responding to this RFP, responses to clarification requests and resubmittals, and subsequent negotiations. Each Proposer Firm that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that Proposer Firms cannot make any claims whatsoever for reimbursement from the HISTORIC HIGH SCHOOL TASK FORCE for the costs and expenses associated with the process. 4.7 Information Disclosure to Third Parties All PROPOSAL and subsequent information received in response to the procurement documents will become the property of the HISTORIC HIGH SCHOOL TASK FORCE and will not be returned. Notwithstanding the foregoing, Proposer Firms recognize and agree that the HISTORIC HIGH SCHOOL TASK FORCE will not be responsible or liable in any way for any losses that the Proposer Firm may suffer from the disclosure of information or materials to third parties. Subject to Public Records Law, Proposer Firms may request that certain sensitive information is treated with discretion and that it be returned after completion of the evaluation process. 5.0 SUBMITTAL OF QUALIFICATIONS 5.1 General Instructions One (1) unbound and ten (10) bound copies of the Proposer Firm's PROPOSAL must be received at the address below on or before 4 p.m. Eastern Standard Time, ,2003. Facsimile copies or electronic file copies of the PROPOSAL will not. be considered under any circumstances. PROPOSAL must be addressed and submitted to: CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE Attn: Mr. Douglas Hutchinson 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 The following should be written on the outside of the sealed envelope or box: "Statement of Qualifications for the HISTORIC HIGH SCHOOL TASK FORCE'S Historic High School Environmental Analysis Update, High School Task Force No. HHS Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 Environmental 2003-1". The PROPOSALS will be opened publicly. The HISTORIC HIGH SCHOOL TASK FORCE will notify firms upon ranking. Proposer Firms are urged to be complete, but concise, in their responses. Sales brochures are not desired unless directly related to the response and referenced in the text. No interpretation or clarification of the meaning of any part of the RFP will be made orally by the HISTORIC HIGH SCHOOL TASK FORCE to any potential Proposer Firm. Requests for interpretation or clarification by any Proposer Firm prior to the time and date of submittal must be made in writing to Mr. Douglas Hutchinson, as described earlier in this document, no later than 10 business days before the submittal is due. Responses to requests for information will be provided to all recipients of the RFP. Any and all such interpretations and supplemental instructions will be made in the form of written addenda that will be sent to all recipients of the RFP, and will become part of the RFP. Proposer Firms shall acknowledge receipt of all addenda by completing a form that will be provided if an addendum is issued. 5.2 Information Requirements of Proposal Submittal The PROPOSAL must be separated into eight sections as follows: 1. Cover Letter 2. Table of Contents 3. Proposer Firm Composition and Background 4. Technical Qualifications (Specifically Related Historic Projects) 5. Quality Control Procedures 6. Project Experience / References 7. Financial, Project Guarantor, and Performance Bond Information 8. Resumes 9. Technical Experience in Preparing Cost Analysis and Budgeting 10. Outline of Change Order Requests from Past 5 Projects 11. Standard Forms 254 and 255 12. Copies of Required Licenses The format of the PROPOSAL must be as outlined above. Narrative pages are to be 8- 1/2 inches by 11 inches, and shall be bound into the volume. A clear and concise presentation of information is encouraged with an approximate page guideline not to exceed 25 pages, not including resumes of key staff, brochures (only if directly applicable to response), and financial information. The HISTORIC HIGH SCHOOL TASK FORCE will appreciate brevity and clarity. Non-written audiovisual materials will not be accepted. Below is additional information about the submission requirements to this RFP. 5.2.1 Cover Letter The PROPOSAL must include a cover letter containing the name, title, address, telephone number, fax number, and e-mail address of the Proposer Firm and the principal Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 contact person. The cover letter shall also include a complete listing of all companies that form the Proposer Firm. 5.2.2 Table of Contents A table of contents shall be included in the PROPOSAL, itemizing the contents of the Proposer Firm's submission. 5.2.3 Proposer Firm Composition and Backqround The PROPOSAL shall indicate the name and type of firm or organization (corporation, partnership, joint venture, etc.) that will serve as the contracting party, and provide the name of the single-entity responsibility for the Project. A Project organization chart is required, with the individuals assigned to key project positions identified by name. Additionally, the PROPOSAL shall identify the parties that will undertake the roles for permitting, design, and construction. The history, ownership, organization, and background of the Proposer Firm shall be provided. If the respondent is a joint venture, the required information shall be submitted for each member of the firm. Details of the organizational structure shall be given. Proposer Firms must recognize that its key assigned employees, along with subcontractors and their key employees included in the PROPOSAL, will be used as part of the basis for selecting Proposer Firms. Therefore, changes to Proposer Firms, including major subcontractors and key employees, will not be allowed except for extenuating circumstances, such as corporate takeovers, buyouts, and other unforeseen changes. 5.2.4 Technical Qualifications Proposer Firms responding to the RFP shall demonstrate their ability to undertake the Project by providing the technical qualifications (Specifically Related to Historic Buildings) of the Proposer Firm, principal sub-contractors, equipment suppliers, and individual members. The HISTORIC HIGH SCHOOL TASK FORCE will give utmost consideration to experience related to the facility. Proposer Firms shall provide evidence of their experience in the form work on historic buildings of similar projects. HISTORIC HIGH SCHOOL TASK FORCE and the Selection Committee reserve the right to conduct an independent investigation of the Proposer Firm's and its subcontractors' technical qualifications by contacting project references, accessing public information, or contacting independent parties. Additional information may be requested during the evaluation of technical qualifications. As a minimum, the Proposer Firm shall provide the following information to demonstrate their technical qualifications: 1. Environmental Firm - The Proposer Firm shall provide its individual member and collective Historical Building Environmental Analysis experience. 2. Walls, Ceilings, Floors, Roof, Doors and Windows in Relation to Surfaces, Hazardous Materials and other Environmental Considerations; including but not limited to Airborne Contaminates - Proposer Firms shall provide its analysis Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 experience of similar facilities. Specifically, the Proposer Firm shall outline the work activities performed by the Proposer's own work force. 3. Utilities & Mechanical Systems - Proposer Firms shall provide its experience of similar facilities. Specifically, the Proposer Firm shall outline the work activities performed by the Proposer's own work force. 4. Regulatory Compliance and Permitting Experience -The Proposer Firm shall submit its experience with regulatory compliance and permitting. This shall include submission of its experience with meeting permit conditions and complying with local, state, environmental, and other regulatory requirements for a similar facility restoration. 5. Key Project Staff- The Proposer Firm shall provide the qualifications of all key staff assigned to the Project. This submission shall include the key project staff of the contracting firm, its parent (if applicable), partner firms, and major subcontractors. Information shall include length of time practicing in profession, familiarity with the Project scope and construction, and proposed Project leadership. Full resumes of key personnel for each containing experience for above items 1 through 5, shall be provided. 6. Additional Technical Services Capabilities -Unless provided in response to items 1 through 5 above, the Proposer Firm should provide a one to two page summary of the Proposer Firm's experience and capabilities in the following area: Historic Building Environmental Analysis and Adaptive Re-Use. Proposer Firms should note that the inability to provide evidence for each category using internal Firm resources does not necessarily constitute a lack of qualifications. Proposer Firms should address this issue in their written proposal, explaining their approach. 5.2.5 Proiect Experience/References In addition to providing technical qualifications and experience, the Proposer Firm shall provide a list of directly relevant projects the Proposer Firm has completed within the past five (5) years. A brief description of these selected projects shall be provided, including current status, photograph, and a description of the Proposer Firm's specific involvement in each of these projects. Additionally, the Proposer Firm shall describe the history of the relationships among the Firm members, including a description of past working relationships. Presentation format is at the discretion of the Proposer Firm, as long as all requested information is provided. For each of the projects identified, provide the following information: · Name and location of project · Customer and owner · Current status (design, construction, or operations phase) · Description of facilities, including size and location · Key project contact of Proposer Firm for the given project · Key project contact of the customer Request for Proposals 9 Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 · Key personnel involved with each major phase; if joint venture or partnership, indicate participating firms · Project budget adherence · Change order history · Project schedule adherence · Photograph of Project 5.2.6 Financial Information The Proposer Firm shall provide full disclosure of its financial position and, if applicable, the financial position of the corporation guaranteeing the Proposer Firm's obligations under a contract eventually executed. Financial information that must be included as part of the PROPOSAL includes the following: 1. Financial Statements The PROPOSAL must include copies of the most recent annual report filed with the Securities and Exchange Commission (SEC) on Form lO-K, and supporting documents, and all quarterly reports filed with the SEC on Form IO-Q since the last IO-K was filed. If IO-K or IO-Q reports reference other reports that describe the respondent's financial condition, copies of such reports shall be provided. If the Proposer Firm is not required to make periodic filings with the SEC, the Proposer Firm shall submit (a) audited financial statements for the past three fiscal years, including income statements, balance sheets, and statements of changes in financial position; (b) copies of the latest quarterly financial reports for the prior three years; and (c) a statement regarding any material changes in the mode of conducting business, bankruptcy proceedings, and mergers or acquisitions for the past three years, as well as any disclosure of any potential mergers or acquisitions. 2. Direct and Indirect Fixed or Continqent Obli. qations Proposer Firms must also provide detailed information concerning all direct and indirect fixed or contingent liabilities undertaken by the Proposer Firm respondent(s), its parents, affiliates, and subsidiaries in connection with other projects, whether by way of financial or performance commitments, open letters of credit, guarantees, or otherwise that may limit its financial exposure for the Project. 3. Credit Ratings If the Proposer Firm or proposed Project Guarantor has short-term or long-term obligations rated by Moody's Investor's Service, Standard & Poor's Corporation, Fitch IBCA, or Duff & Phelps, such ratings shall be provided. 4. Lit(qation The Proposer Firm shall disclose any outstanding litigation that could potentially impact its financial condition if judgment is brought against the Proposer Firm. Request for Proposals l0 Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 6.0 5. Insurance The Proposer Firm shall be required to provide insurance coverage as indicated in Attachment A. 6. Financial Information Requirements Relating to Responses Submitted by Consortiums, Joint Ventures Or Partnerships If a consortium, a joint venture, or a partnership is submitting the PROPOSAL, the PROPOSAL shall identify all parties and relationships. Each member of such consortium, joint venture, or partnership shall provide full disclosure information regarding their financial strength as specified in this section for individual respondents. 5.2.7 Project Guarantor Proposer Firms responding to this RFP must have a single Project Guarantor to fulfill all the financial obligations required for designing and constructing the Project. Within. the PROPOSAL, the Proposer Firm shall clearly identify the Project Guarantor. This identification shall also include a statement that the Project Guarantor will fully guarantee all obligations of the contracting party for the permitting, design and construction of the Project. The Project Guarantor may be the contracting party, its parent company, or a sufficiently capitalized general partner that is an integral part of the respondent's Firm. Proposer Firms must demonstrate to HISTORIC HIGH SCHOOL TASK FORCE that their Project Guarantor has the capability and legal commitment to guarantee the financial obligation of the Proposer Firm for the project. If a sole purpose subsidiary (e.g. joint venture) is created as the contracting party, the parent company or one or more of the partner firms, shall be the Project Guarantor to guarantee performance of the subsidiary's obligations. A subsidiary with limited capitalization and without the full parent company or partner guarantee will not be allowed as the contracting party. If a subsidiary has been formed solely to respond to this RFP, the reasons for this action must be fully disclosed. EVALUATION CRITERIA AND RANKING OF SUBMISSIONS The evaluation of the PROPOSAL will be a one-stage process, consisting of the evaluation of Qualifications and then the selection and negotiations, as described below. 6.1 Qualifications Proposer Firms will be evaluated for Qualifications based on the evaluation scoring criteria presented in Table 1. The numbers adjacent to the criteria represent the maximum value awarded for the level of demonstrated experience or documentation provided by each Proposer Firm in their Statement of Qualifications. Based on the combined evaluations, the HISTORIC HIGH SCHOOL TASK FORCE will prepare a ranking of Proposer Firms. Only the highest ranked Proposer Firm will be invited to negotiate a contract with the HISTORIC HIGH SCHOOL TASK FORCE. Request for Proposals ]! Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 TABLE 1 Evaluation Rating Project Historic Building Environmental Analysis Qualifications 25 References 25 Project Firm Qualifications 25 Change Order History TOTAL 25 100 6.2 Historic Building Environmental Analysis Qualifications Firm's experience in the business of the Project's scope of work 6.3 References Firm's references as it relates to the ability of the Firm to perform within schedule and on budget for similar projects. 6.4 Proiect Firm Qualifications Firm's experience in various relevant technical disciplines: · Local, State and Federal permitting processes and compliance · Environmental Analysis of Historic Buildings · Analysis of Utility / Mechanical Systems for Contamination 6.5 Chanqe Order History Firm's past history of change orders. Specifically, this task is related to the change ordersthat were NOT requested by the Owner of the project. This element of the proposal will be verified with the references or other contacts that the HISTORIC HIGH SCHOOL TASK FORCE conducts. Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 ATTACHMENT A Insurance Requirements Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 III IV INSURANCE REQUIREMENTS For FIRM: GENERAL LIABILITY PROPOSER FIRM agrees to provide comprehensive general liability Insurance for the benefit of HISTORIC HIGH SCHOOL TASK FORCE with combined single limits of $1,000,000 per occurrence combined single limit for Bodily Injury and Property Damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as follows and shall include: Premises or Operations; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The HISTORIC HIGH SCHOOL TASK FORCE, B oynton B each CRA a nd t he City o f B oynton Beach are to be included as "Additional Insured" with respect to liability arising out of services performed for HISTORIC HIGH SCHOOL TASK FORCE by or on behalf of PROPOSER FIRM or acts or omissions of PROPOSER FIRM in connection with such services. PROFESSIONAL LIABILITY PROPOSER FIRM agrees to provide professional liability insurance for the benefit of HISTORIC HIGH SCHOOL TASK FORCE with combined single limits of $1,000,000 per claim and which insures against errors and omissions by PROPOSER FIRM, its sub consultants and design professionals. WORKER'S COMPENSATION PROPOSER FIRM agrees to provide Worker's Compensation and Employer's Liability Insurance for the benefit of PROPOSER FIRM's employees, if required by law. INDEMNIFICATION In performing its services hereunder, the PROPOSER FIRM will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. It is agreed that the PROPOSER FIRM is not a fiduciary of the HISTORIC HIGH SCHOOL TASK FORCE. The PROPOSER FIRM and the PROPOSER FIRM's officers, directors, employees, agents, and the PROPOSER FIRM'S consultants, sub consultants, and any of t hem, s hall indemnify and hold harmless t he HISTORIC HIGH SCHOOL TASK FORCE or to anyone claiming by, through or under the HISTORIC HIGH Request for Proposals 14 Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 V VI VII VIII SCHOOL TASK FORCE or third parties, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied. AUTOMOBILE LIABILITY PROPOSER FIRM agrees to provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury - $100,000 each person $300,000 each occurrence Property Damage - $ 50,000 each occurrence CERTIFICATES OF INSURANCE Before commencing performance of this contract, PROPOSER FIRM shall furnish HISTORIC HIGH SCHOOL TASK FORCE with a duplicate policy of Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) C) D) Name of insurance carrier(s). Effective and expiration dates of policies. 30 days written notice by carrier of any cancellation or material change in any policy. Duplicate Policy or Certificates of Insurance stating that the interests of HISTORIC HIGH SCHOOL TASK FORCE are included as an additional named insured, and specifying the Project. Such insurance shall apply despite any insurance which HISTORIC HIGH SCHOOL TASK FORCE or the City of Boynton Beach may carry in its own name. SUBCONTRACTOR/SUBCONSULTANT INSURANCF PROPOSER FIRM is advised to require all of its subcontractors and sub consultants to provide the aforementioned coverage as well as any other coverages that PROPOSER FIRM may consider necessary, and any deficiency in the coverages or policy limits of any subcontractors and sub consultants will be the sole responsibility of PROPOSER FIRM. For PRIME DESIGN PROFESSIONAL: PROPOSER FIRM agrees that the PRIME DESIGN PROFESSIONAL for the Project shall meet the following requirements and PROPOSER FIRM is responsible for PRIME DESIGN PROFESSIONAL'S compliance with same. PROFESSIONAL LIABILITY PRIME DESIGN PROFESSIONAL shall provide professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). Request for Proposals Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 IX X XI GENERAL LIABILITY PRIME DESIGN PROFESSIONAL shall provide comprehensive general liability including contractual coverage applicable to this Agreement with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as followed by HISTORIC HIGH SCHOOL TASK FORCE'S Insurance Services Office and shall include: Premises and/or Operations; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The HISTORIC HIGH SCHOOL TASK FORCE, Boynton Beach CRA and the City of Boynton Beach are to be included as "Additional Insured" with respect to liability arising out of services performed for HISTORIC HIGH SCHOOL TASK FORCE by or on behalf of PRIME DESIGN PROFESSIONAL or acts or omissions of PRIME DESIGN PROFESSIONAL in connection with such services. WORKER'S COMPENSATION PRIME DESIGN PROFESSIONAL shall provide worker's compensation insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws for the benefit of' PRIME DESIGN PROFESSIONAL'S employees. In addition, such insurance must include employer's liability coverage with a limit of no less than One Hundred Thousand Dollars ($100,000.00)for each accident. AUTOMOBILE LIABILITY PRIME DESIGN PROFESSIONAL shall provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury Property Damage $100,000 each person $300,000 each occurrence $ 50,000 each occurrence Request for Proposals 16 Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic HiRh School Environmental Analysis Update Historic High School Task Force No. HHS Environmental 2003-1 XII CERTIFICATES OF INSURANCE Before commencing work pursuant to this contract, PRIME DESIGN PROFESSIONAL shall furnish HISTORIC HIGH SCHOOL TASK FORCE a duplicate policy of Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) C) D) Name of insurance carrier(s). Effective and expiration dates of policies. 30 days written notice by carrier of any cancellation or material change in any policy. Duplicate Policy or Certificates of Insurance stating that the interests of HISTORIC HIGH SCHOOL TASK FORCE are included as an additional named insured, and specifying the Project/location. Such insurance shall apply despite any insurance which HISTORIC HIGH SCHOOL TASK FORCE or the City of Boynton Beach may carry in its own name. Request for Proposals ]7 Historic High School Environmental Analysis Update City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 Request for Proposals ISSUING ENTITY: HISTORIC HIGH SCHOOL TASK FORCE OF BOYNTON BEACH CONTACT PERSON: DOUGLAS HUTCHINSON TELEPHONE NO. (561) 737-3256 FAX NO. (561) 737-3258 ,2003 ADDRESS FOR PROPOSAL SUBMITTAL: CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE ATTN: MR. DOUGLAS HUTCHINSON EXECUTIVE DIRECTOR 639 E. OCEAN AVENUE, SUITE 107 BOYNTON BEACH, FLORIDA 33435 QUALIFICATIONS SUBMISSION DATE: by 4:00 p.m. (Eastern Standard Time) THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP TO THE CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE RESPONDENT. THE CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY THE UNITED STATES MAIL OR ANY OTHER DELIVERY SERVICE, OR CAUSED BY ANY OTHER OCCURRENCE. equest for Proposals Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Structural Analysis, ADA Accessibility and Life Safety Issues Update- Historic High School Task Force No. HHS Structural 2003-1 Request for Statement of Qualifications - Phase I TABLE OF CONTENTS 1.0 GENERAL PROJECT DESCRIPTION ................................................................................ 3 2.0 BACKGROUND ................................................................................................................... 3 3.0 PROJECT SPECIFIC INFORMATION ................................................................................. 3 3.1 General Requirements .............................................................................................. 3 3.2 Overall Risk Posture ................................................................................................. 4 4.0 5.0 THE PROCUREMENT PROCESS ...................................................................................... 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Procurement Objectives ............................................................................................ 4 HISTORIC HIGH SCHOOL TASK FORCE Rights Regarding Procurement ............. 4 RFP and Qualifications Submittal ............................................................................. 4 Oral Instructions and Communications ..................................................................... 5 Preliminary Procurement Schedule ........................................................................... 6 Expenses of the Proposer Firms ............................................................................... 6 Information Disclosure to Third Parties ..................................................................... 6 SUBMITTAL OF QUALIFICATIONS .................................................................................... 7 5.1 5.2 5.2.1 5.2.2 5.2.3 5.2.4 5.2.5 5.2.6 5.2.7 General Instructions .................................................................................................. 7 Information Requirements of Qualifications Submittal .............................................. 7 Cover Letter ..................................................................................................... 8 Table of Contents ............................................................................................ 8 Proposer Firm Composition and Background .................................................. 8 Technical Qualifications .................................................................................. 8 Project Experience/References ..................................................................... 10 Financial Information ..................................................................................... 10 Project Guarantor .......................................................................................... 12 Request for Proposals i Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 6.0 EVALUATION CRITERIA AND RANKING OF SUBMISSIONS ......................................... 12 6.1 6.2 6.3 6.4 6.5 Qualifications .......................................................................................................... 12 Project Qualificationss ......................................................................................... 13 References ......................................................................................................... 13 Qualifications ....................................................................................... 12 Change Order History ........................................................................... 13 List of Attachments/Figures Attachment A - Insurance Requirements Request for Proposals ii Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qb School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 Request for Proposals 1.0 2.0 3,0 GENERAL PROJECT DESCRIPTION The intent of the HISTORIC HIGH SCHOOL TASK FORCE is to obtain a Structural Engineering Firm that will assess the current status of Boynton's" Historic High School Structure" located at Seacrest and Ocean Avenue in Boynton Beach, Florida for renovation or removal. BACKGROUND The HISTORIC HIGH SCHOOL TASK FORCE was established by the Boynton Beach City Commission to evaluate the real potential for adaptive re-use of the "Historic Structure". One of two preliminary steps that the Task Force has identified is for an independent structural analysis of the structure be preformed to determine its status, cost to repair or stabilize or recommend removal of the structure. The report from actual on site investigation will define each of these three possibilities. PROJECT SPECIFIC INFORMATION 3.1 General Requirements We have outlined below some of the proposed elements that will be included in the project. General Building Condition 1. Foundations 2. Walls 3. Ceilings 4. Windows 5. Roof 6. Mechanical Systems 7. Utilities 8. ADA Accessibility 9. Life Safety Issues .equest for Proposals Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Structural Analysis~ ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 4.0 3.2 Overall Risk Posture The selected Proposer Firm will enter into a Professional Services Agreement with the HISTORIC HIGH SCHOOL TASK FORCE for the Scope of Work herein outlined. As the HISTORIC HIGH SCHOOL TASK FORCE proceeds through the RFP procurement process, it will define and revise, as necessary, the overall process. THE PROCUREMENT PROCESS 4.1 Procurement Objectives The HISTORIC HIGH SCHOOL TASK FORCE is seeking Professional Engineering Services for Structural Analysis, ADA Accessibility and Life Safety Issues to clearly assess the status and cost to renovate the Historical High School Building. 1. Establish the true status of the structure. 2. Establish the extent of needed renovation of basic systems to meet code. 4.2 HISTORIC HIGH SCHOOL TASK FORCE Riqhts Re.qarding Procurement The HISTORIC HIGH SCHOOL TASK FORCE is not bound to accept any Proposal if the Proposers do not meet HISTORIC HIGH SCHOOL TASK FORCE requirements and standards. Further, the HISTORIC HIGH SCHOOL TASK FORCE reserves the right, at its sole discretion, to: · Accept or reject any and all submittals, in whole or in part, · Discuss different or additional terms to those included in this RFP or received in any response, · Amend or modify any terms of this RFP, · Invalidate this RFP and issue a second RFP, · Request clarification of the information submitted as part of the PROPOSAL, · Extended the date for receipt of RFP. 4.3 RFP and Qualifications Submittal This RFP is the only step in the procurement process for the selection of an Engineering Firm. There will be no pre-submittal meeting for this RFP. The PROPOSAL must be submitted no later than 4:00 p.m. (Eastern Standard Time) on to: CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE Attn: Mr. Douglas Hutchinson 639 E. Ocean Avenue, Suite 107 .equest for Proposals Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 Boynton Beach, Florida 33435 In order to be eligible to enter into a contract agreement, a PROPOSAL must be received in response to this RFP. The Selection Committee can include HISTORIC HIGH SCHOOL TASK FORCE Members and advisors. Based on the evaluation of the PROPOSAL, HISTORIC HIGH SCHOOL TASK FORCE will select the Firm and invite them to negotiate a contract. Proposer Firms must respond in accordance with Section 5 of this RFP. Responses will be evaluated using the criteria set forth in Section 6 of this RFP. During the evaluation of PROPOSAL, the HISTORIC HIGH SCHOOL TASK FORCE may seek additional clarification and information from Proposer Firms. 4.4 Oral Instructions and Communications The HISTORIC HIGH SCHOOL TASK FORCE is committed to a fair, open process for interested parties to receive information about procurement of the Project and the competitive solicitation process, which the HISTORIC HIGH SCHOOL TASK FORCE is proposing to utilize for selection of a Proposer and award of a contract. After distribution of this RFP, all questions concerning this procurement process shall be directed to: CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE Attn: Mr. Douglas Hutchinson 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 (561) 737-3256 [phone] (561) 737-3258 [fax] No negotiations, decisions or actions shall be initiated or executed by a Proposer as a result of any oral discussions with the HISTORIC HIGH SCHOOL TASK FORCE. Only those communications which are in writing from the HISTORIC HIGH SCHOOL TASK FORCE shall be considered as a duly authorized expression on behalf of the HISTORIC HIGH SCHOOL TASK FORCE. The HISTORIC HIGH SCHOOL TASK FORCE will forward to all Proposers in receipt of the Request for Proposals, written responses of the HISTORIC HIGH SCHOOL TASK FORCE to a Proposers' question. Also, only written communications from Proposers, which are signed by persons who are authorized to contractually bind the Proposers, will be recognized by the HISTORIC HIGH SCHOOL TASK FORCE as duly authorized expressions on behalf of the Proposers. All communications to the HISTORIC HIGH SCHOOL TASK FORCE must be submitted in writing and are subject to distribution to all Proposer Firms. Communications sent via electronic mail will be printed and made available to all Proposer Firms. No questions equest for Proposals 5 Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 shall be directed to any other parties involved in this procurement process, which include representatives of HISTORIC HIGH SCHOOL TASK FORCE management, City management, HISTORIC HIGH SCHOOL TASK FORCE's financial and legal advisors, HISTORIC HIGH SCHOOL TASK FORCE's Members and HISTORIC HIGH SCHOOL TASK FORCE's design and procurement consultants. Violation of this protocol is grounds for immediate and permanent disqualification of the Proposer Firm from the procurement process. The only exceptions to this requirement are: (1) written requests regarding information or clarification made to Mr. Douglas Hutchinson, HISTORIC HIGH SCHOOL TASK FORCE, or (2) any communications at a pre-proposal conference or a publicly noticed meeting of the HISTORIC HIGH SCHOOL TASK FORCE. 4.5 Preliminary Procurement Schedule After submission of the Proposer's RFP Package, the selection committee shall review each submitted RFP package and rank the Proposers based on the evaluation criteria noted within this RFP. There will be no additional requirements. Based on the RFP Package evaluation, the HISTORIC HIGH SCHOOL TASK FORCE will enter into negotiations with the highest-ranked Proposer Firm. 4.6 Expenses of the Proposer Firms The HISTORIC HIGH SCHOOL TASK FORCE accepts no liability for the costs and expenses incurred by the Proposer Firms in responding to this RFP, responses to clarification requests and resubmittals, and subsequent negotiations. Each Proposer Firm that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that Proposer Firms cannot make any claims whatsoever for reimbursement from the HISTORIC HIGH SCHOOL TASK FORCE for the costs and expenses associated with the process. 4.7 Information Disclosure to Third Parties All PROPOSAL and subsequent information received in response to the procurement documents will become the property of the HISTORIC HIGH SCHOOL TASK FORCE and will not be returned. Notwithstanding the foregoing, Proposer Firms recognize and agree that the HISTORIC HIGH SCHOOL TASK FORCE will not be responsible or liable in any way for any losses that the Proposer Firm may suffer from the disclosure of information or materials to third parties. Subject to Public Records Law, Proposer Firms may request that certain sensitive information is treated with discretion and that it be returned after completion of the evaluation process. equest for Proposals 6 Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 5.0 SUBMITTAL OF QUALIFICATIONS 5.1 General Instructions One (1) unbound and ten (10) bound copies of the Proposer Firm's PROPOSAL must be received at the address below on or before 4 p.m. Eastern Standard Time, ,2003. Facsimile copies or electronic file copies of the PROPOSAL will not be considered under any circumstances. PROPOSAL must be addressed and submitted to: CITY OF BOYNTON BEACH HISTORIC HIGH SCHOOL TASK FORCE Attn: Mr. Douglas Hutchinson 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 The following should be written on the outside of the sealed envelope or box: "Statement of Qualifications for the HISTORIC HIGH SCHOOL TASK FORCE'S Historic High School Structural Analysis, ADA Accessibility and Life Safety Issues Update, High School Task Force No. HHS Structural 2003-1 ." The PROPOSALS will be opened publicly. The HISTORIC HIGH SCHOOL TASK FORCE will notify firms upon ranking. Proposer Firms are urged to be complete, but concise, in their responses. Sales brochures are not desired unless directly related to the response and referenced in the text. No interpretation or clarification of the meaning of any part of the RFP will be made orally by the HISTORIC HIGH SCHOOL TASK FORCE to any potential Proposer Firm. Requests for interpretation or clarification by any Proposer Firm prior to the time and date of submittal must be made in writing to Mr. Douglas Hutchinson, as described earlier in this document, no later than 10 business days before the submittal is due. Responses to requests for information will be provided to all recipients of the RFP. Any and all such interpretations and supplemental instructions will be made in the form of written addenda that will be sent to all recipients of the RFP, and will become part of the RFP. Proposer Firms shall acknowledge receipt of all addenda by completing a form that will be provided if an addendum is issued. 5.2 Information Requirements of Proposal Submittal The PROPOSAL must be separated into eight sections as follows: 1. Cover Letter 2. Table of Contents 3. Proposer Firm Composition and Background 4. Technical Qualifications (Specifically Related Historic Projects 5. Quality Control Procedures .equest for Proposals 7 Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 6. Project Experience / References 7. Financial, Project Guarantor, and Performance Bond Information 8. Resumes 9. Technical Experience in Preparing Cost Analysis and Budgeting 10. Outline of Change Order Requests from Past 5 Projects 11. Standard Forms 254 and 255 12. Copies of Required Licenses The format of the PROPOSAL must be as outlined above. Narrative pages are to be 8- 1/2 inches by 11 inches, and shall be bound into the volume. A clear and concise presentation of information is encouraged with an approximate page guideline not to exceed 25 pages, not including resumes of key staff, brochures (only if directly applicable to response), and financial information. The HISTORIC HIGH SCHOOL TASK FORCE will appreciate brevity and clarity. Non-written audiovisual materials will not be accepted. Below is additional information about the submission requirements to this RFP. 5.2.1 Cover Letter The PROPOSAL must include a cover letter containing the name, title, address, telephone number, fax number, and e-mail address of the Proposer Firm and the principal contact person. The cover letter shall also include a complete listing of all companies that form the Proposer Firm. 5.2.2 Table of Contents A table of contents shall be included in the PROPOSAL, itemizing the contents of the Proposer Firm's submission. 5.2.3 Proposer Firm Composition and Background The PROPOSAL shall indicate the name and type of firm or organization (corporation, partnership, joint venture, etc.) that will serve as the contracting party, and provide the name of the single-entity responsibility for the Project. A Project organization chart is required, with the individuals assigned to key project positions identified by name. Additionally, the PROPOSAL shall identify the parties that will undertake the roles for permitting, design, and construction. The history, ownership, organization, and background of the Proposer Firm shall be provided. If the respondent is a joint venture, the required information shall be submitted for each member of the firm. Details of the organizational structure shall be given. Proposer Firms must recognize that its key assigned employees, along with subcontractors and their key employees included in the PROPOSAL, will be used as part of the basis for selecting Proposer Firms. Therefore, changes to Proposer Firms, .equest for Proposals Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 including major subcontractors and key employees, will not be allowed except for extenuating circumstances, such as corporate takeovers, buyouts, and other unforeseen changes. 5.2.4 Technical Qualifications Proposer Firms responding to the RFP shall demonstrate their ability to undertake the Project by providing the technical qualifications (Specifically Related to Historic Buildings) of the Proposer Firm, principal sub-contractors, equipment suppliers, and individual members. The HISTORIC HIGH SCHOOL TASK FORCE will give utmost consideration to experience related to the design and construction of facilities within schedule and budget. Proposer Firms shall provide evidence of their experience in the form of design, construction budgets, and schedules of similar projects. HISTORIC HIGH SCHOOL TASK FORCE and the Selection Committee reserve the right to conduct an independent investigation of the Proposer Firm's and its subcontractors' technical qualifications by contacting project references, accessing public information, or contacting independent parties. Additional information may be requested during the evaluation of technical qualifications. As a minimum, the Proposer Firm shall provide the following information to demonstrate their technical qualifications: 1. Structural Analysis - The Proposer Firm shall provide its individual member and collective Historical Building Structural Analysis experience. 2. Walls, Ceilings, Floor Trusses, Roof, Doors and Windows - Proposer Firms shall provide its analysis experience of similar facilities. Specifically, the Proposer Firm shall outline the work activities performed by the Proposer's own work force. 3. ADA Access and Life Safety Issues -The Proposer shall provide its engineering and design experience for implementation of building ADA and Life Safety Issue Updates in Historic Structures. The information submitted should demonstrate experience with the permitting processes, and an understanding of the interrelationship between design, construction, and phasing of future improvements. 4. Utilities & Mechanical Systems - Proposer Firms shall provide its design and construction experience of similar facilities. Specifically, the Proposer Firm shall outline the work activities performed by the Proposer's own work force. 5. Regulatory Compliance and Permitting Experience -The Proposer Firm shall submit its experience with regulatory compliance and permitting. This shall include submission of its experience with meeting permit conditions and complying with local, state, environmental, and other regulatory requirements for a similar facility restoration. 6. Key Project Staff- The Proposer Firm shall provide the qualifications of all key staff assigned to the Project. This submission shall include the key project staff of the contracting firm, its parent (if applicable), partner firms, and major aquest for Proposals Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Structural Analysis, ADA Accessibility and Life Safety Issue~ Update Historic High School Task Force No. HHS Structural 2003-1 subcontractors. Information shall include length of time practicing in profession, familiarity with the Project scope and construction, and proposed Project leadership. Full resumes of key personnel for each containing experience for above items 1 through 5, shall be provided. Additional Technical Services Capabilities -Unless provided in response to items 1 through 5 above, the Proposer Firm should provide a one to two page summary of the Proposer Firm's experience and capabilities in the following area: Historic Preservation and Adaptive Re-Use. Proposer Firms should note that the inability to provide evidence for each category using internal Firm resources does not necessarily constitute a lack of qualifications. Proposer Firms should address this issue in their written proposal, explaining their approach. 5.2.5 Project Experience/References In addition to providing technical qualifications and experience, the Proposer Firm shall provide a list of directly relevant projects the Proposer Firm has completed within the past five (5) years. A brief description of these selected projects shall be provided, including current status, photograph, and a description of the Proposer Firm's specific involvement in each of these projects. Additionally, the Proposer Firm shall describe the history of the relationships among the Firm members, including a description of past working relationships. Presentation format is at the discretion of the Proposer Firm, as long as all requested information is provided. For each of the projects identified, provide the following information: · Name and location of project · Customer and owner · Current status (design, construction, or operations phase) · Description of facilities, including size and location · Key project contact of Proposer Firm for the given project · Key project contact of the customer · Key personnel involved with each major phase; if joint venture or partnership, indicate participating firms · Project budget adherence · Change order history · Project schedule adherence · Photograph of Project 5.2.6 Financial Information The Proposer Firm shall provide full disclosure of its financial position and, if applicable, the financial position of the corporation guaranteeing the Proposer Firm's obligations equest for Proposals l0 Structural Analysis, ADA Accessibility and Lite Safcb7 Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic High School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 under a contract eventually executed. Financial information that must be included as part of the PROPOSAL includes the following: 1. Financial Statements The PROPOSAL must include copies of the most recent annual report filed with the Securities and Exchange Commission (SEC) on Form lO-K, and supporting documents, and all quarterly reports filed with the SEC on Form IO-Q since the last IO-K was filed. If IO-K or IO-Q reports reference other reports that describe the respondent's financial condition, copies of such reports shall be provided. If the Proposer Firm is not required to make periodic filings with the SEC, the Proposer Firm shall submit (a) audited financial statements for the past three fiscal years, including income statements, balance sheets, and statements of changes in financial position; (b) copies of the latest quarterly financial reports for the prior three years; and (c) a statement regarding any material changes in the mode of conducting business, bankruptcy proceedings, and mergers or acquisitions for the past three years, as well as any disclosure of any potential mergers or acquisitions. 2. Direct and Indirect Fixed or Contingent Obl~qations Proposer Firms must also provide detailed information concerning all direct and indirect fixed or contingent liabilities undertaken by the Proposer Firm respondent(s), its parents, affiliates, and subsidiaries in connection with other projects, whether by way of financial or performance commitments, open letters of credit, guarantees, or otherwise that may limit its financial exposure for the Project. 3. Credit Ratin.qs If the Proposer Firm or proposed Project Guarantor has short-term or long-term obligations rated by Moody's Investor's Service, Standard & Poor's Corporation, Fitch IBCA, or Duff & Phelps, such ratings shall be provided. 4. LitLqation The Proposer Firm shall disclose any outstanding litigation that could potentially impact its financial condition if judgment is brought against the Proposer Firm. 5. Insurance The Proposer Firm shall be required to provide insurance coverage as indicated in Attachment A. 6. Financial Information Requirements Relatinq to Responses Submitted by Consortiums, Joint Ventures Or Partnership~ If a consortium, a joint venture, or a partnership is submitting the PROPOSAL, the PROPOSAL shall identify all parties and relationships. Each member of such consortium, joint venture, or partnership shall provide full disclosure information regarding their financial strength as specified in this section for individual respondents. .equest for Proposals Structural Analysis, ADA Accessibility and Lit'c Sat'cry Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 6.0 5.2.7 Proiect Guarantor Proposer Firms responding to this RFP must have a single Project Guarantor to fulfill all the financial obligations required for designing and constructing the Project. Within the PROPOSAL, the Proposer Firm shall clearly identify the Project Guarantor. This identification shall also include a statement that the Project Guarantor will fully guarantee all obligations of the contracting party for the permitting, design and construction of the Project. The Project Guarantor may be the contracting party, its parent company, or a sufficiently capitalized general partner that is an integral part of the respondent's Firm. Proposer Firms must demonstrate to HISTORIC HIGH SCHOOL TASK FORCE that their Project Guarantor has the capability and legal commitment to guarantee the financial obligation of the Proposer Firm for the project. If a sole purpose subsidiary (e.g. joint venture) is created as the contracting party, the parent company or one or more of the partner firms, shall be the Project Guarantor to guarantee performance of the subsidiary's obligations. A subsidiary with limited capitalization and without the full parent company or partner guarantee will not be allowed as the contracting party. If a subsidiary has been formed solely to respond to this RFP, the reasons for this action must be fully disclosed. EVALUATION CRITERIA AND RANKING OF SUBMISSIONS The evaluation of the PROPOSAL will be a one-stage process, consisting of the evaluation of Qualifications and then the selection and negotiations, as described below. 6.1 Qualifications Proposer Firms will be evaluated for Qualifications based on the evaluation scoring criteria presented in Table 1. The numbers adjacent to the criteria represent the maximum value awarded for the level of demonstrated experience or documentation provided by each Proposer Firm in their Statement of Qualifications. Based on the combined evaluations, the HISTORIC HIGH SCHOOL TASK FORCE will prepare a ranking of Proposer Firms. Only the highest ranked Proposer Firm will be invited to negotiate a contract with the HISTORIC HIGH SCHOOL TASK FORCE. TABLE 1 Evaluation Ratine iect Historic Building Structural Analysis Qualifications References Project Firm Qualifications Change Order History TOTAL 25 25 25 25 lO0 .equest for Proposals ]2 Structural Analysis, ADA Accessibility and Lite Sa£et7 Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Structural Analysis, ADA Accessibility and Life Safety Issue,,' Update Historic High School Task Force No. HHS Structural 2003-1 6.2 Historic Buildinq Structural Analysis, ADA Accessibility and Life Safety Issues Qualifications Firm's experience in the business of the Project's scope of work 6.3 References Firm's references as it relates to the ability of the Firm to perform within schedule and on budget for similar projects. 6.4 Project Firm Qualifications Firm's experience in various relevant technical disciplines: · Local, State and Federal permitting processes and compliance · Structural Analysis of Historic Buildings · Utility/Mechanical Systems · ADA Regulations and Life Safety Issues 6.5 Chanqe Order History Firm's past history of change orders. Specifically, this task is related to the change orders that were NOT requested by the Owner of the project. This element of the proposal will be verified with the references or other contacts that the HISTORIC HIGH SCHOOL TASK FORCE conducts. ~quest for Proposals ]3 Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Structural Analysis, ADA Accessibility and Life Safety Issuec Update Historic High School Task Force No. HHS Structural 2003-1 ATTACHMENT A Insurance Requirements aquest for Proposals ]4 Structural Analysis, ADA Accessibility and Life Sa£et~ Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Structural Analysis, ADA Accessibility and Life Safety Issue.- Update Historic High School Task Force No. HHS Structural 2003-1 III IV INSURANCE REQUIREMENTS For FIRM: GENERAL LIABILITY PROPOSER FIRM agrees to provide comprehensive general liability Insurance for the benefit of HISTORIC HIGH SCHOOL TASK FORCE with combined single limits of $1,000,000 per occurrence combined single limit for Bodily Injury and Property Damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as follows and shall include: Premises or Operations; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The HISTORIC HIGH SCHOOL TASK FORCE, B oynton B each CRA a nd t he City o f B oynton Beach are to be included as "Additional Insured" with respect to liability arising out of services performed for HISTORIC HIGH SCHOOL TASK FORCE by or on behalf of PROPOSER FIRM or acts or omissions of PROPOSER FIRM in connection with such services. PROFESSIONAL LIABILITY PROPOSER FIRM agrees to provide professional liability insurance for the benefit of HISTORIC HIGH SCHOOL TASK FORCE with combined single limits of $1,000,000 per claim and which insures against errors and omissions by PROPOSER FIRM, its sub consultants and design professionals. WORKER'S COMPENSATION PROPOSER FIRM agrees to provide Worker's Compensation and Employer's Liability Insurance for the benefit of PROPOSER FIRM's employees, if required by law. INDEMNIFICATION In performing its services hereunder, the PROPOSER FIRM will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. It is agreed that the PROPOSER FIRM is not a fiduciary of the HISTORIC HIGH SCHOOL TASK FORCE. The PROPOSER FIRM and .equest for Proposals 15 Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hiqh School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 V VI VII VIII the PROPOSER FIRM's officers, directors, employees, agents, and the PROPOSER FIRM'S consultants, sub consultants, and any of t hem, s hall indemnify and hold harmless t he HISTORIC HIGH SCHOOL TASK FORCE or to anyone claiming by, through or under the HISTORIC HIGH SCHOOL TASK FORCE or third parties, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied. AUTOMOBILE LIABILITY PROPOSER FIRM agrees to provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury $100,000 each person $300,000 each occurrence Property Damage - $ 50,000 each occurrence CERTIFICATES OF INSURANCF Before commencing performance of this contract, PROPOSER FIRM shall furnish HISTORIC HIGH SCHOOL TASK FORCE with a duplicate policy of Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) C) D) Name of insurance carrier(s). Effective and expiration dates of policies. 30 days written notice by carrier of any cancellation or material change in any policy. Duplicate Policy or Certificates of Insurance stating that the interests of HISTORIC HIGH SCHOOL TASK FORCE are included as an additional named insured, and specifying the Project. Such insurance shall apply despite any insurance which HISTORIC HIGH SCHOOL TASK FORCE or the City of Boynton Beach may carry in its own name. SUBCONTRACTOR/SUBCONSULTANT INSURANCF PROPOSER FIRM is advised to require all of its subcontractors and sub consultants to provide the aforementioned coverage as well as any other coverages that PROPOSER FIRM may consider necessary, and any deficiency in the coverages or policy limits of any subcontractors and sub consultants will be the sole responsibility of PROPOSER FIRM. For PRIME DESIGN PROFESSIONAL: PROPOSER FIRM agrees that the PRIME DESIGN PROFESSIONAL for the Project shall meet the following requirements and PROPOSER FIRM is responsible for PRIME DESIGN PROFESSIONAL'S compliance with same. PROFESSIONAL LIABILITY equest for Proposals ]6 Structural Analysis, ADA Accessibility and Li£c Sat'cty Issues Update Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi.qh School Structural Analysis, ADA Accessibility and Life Safety Issue~ Update Historic High School Task Force No. HHS Structural 2003-1 X XI IX PRIME DESIGN PROFESSIONAL shall provide professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). GENERAL LIABILITY PRIME DESIGN PROFESSIONAL shall provide comprehensive general liability including contractual coverage applicable to this Agreement with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as followed by HISTORIC HIGH SCHOOL TASK FORCE'S Insurance Services Office and shall include: Premises and/or Operations; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The HISTORIC HIGH SCHOOL TASK FORCE, Boynton Beach CRA and the City of Boynton Beach are to be included as "Additional Insured" with respect to liability arising out of services performed for HISTORIC HIGH SCHOOL TASK FORCE by or on behalf of PRIME DESIGN PROFESSIONAL or acts or omissions of PRIME DESIGN PROFESSIONAL in connection with such services. WORKER'S COMPENSATION PRIME DESIGN PROFESSIONAL shall provide worker's compensation insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws for the benefit of PRIME DESIGN PROFESSIONAL'S employees. In addition, such insurance must include employer's liability coverage with a limit of no less than One Hundred Thousand Dollars ($100,000.00) for each accident. AUTOMOBILE LIABILITY PRIME DESIGN PROFESSIONAL shall provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury - Property Damage - $100,000 each person $300,000 each occurrence $ 50,000 each occurrence .~[equest for Proposals 17 Structural Analysis, ADA Accessibility and Lit'c Safety Issues Opdate Historic High School City of Boynton Beach Community Redevelopment Agency (CRA) Historic Hi,qh School Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School Task Force No. HHS Structural 2003-1 XII CERTIFICATES OF INSURANCE Before commencing work pursuant to this contract, PRIME DESIGN PROFESSIONAL shall furnish HISTORIC HIGH SCHOOL TASK FORCE a duplicate policy of Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) C) D) Name of insurance carrier(s). Effective and expiration dates of policies. 30 days written notice by carrier of any cancellation or material change in any policy. Duplicate Policy or Certificates of Insurance stating that the interests of HISTORIC HIGH SCHOOL TASK FORCE are included as an additional named insured, and specifying the Project/location. Such insurance shall apply despite any insurance which HISTORIC HIGH SCHOOL TASK FORCE or the City of Boynton Beach may carry in its own name. .~tequest for Proposals Structural Analysis, ADA Accessibility and Life Safety Issues Update Historic High School III. Other Items. V. Adjournment MINUTES OF THE HIGH SCHOOL TASKFORCE MEETING REGULAR MEETING HELD IN CRA OFFICE BOYNTON BEACH, FLORIDA ON FRIDAY MARCH 28, 2003 4:00 P.M. Present Doug Hutchinson, CRA Director Don Fenton, CRA Board William Orlove, Private Citizen Arleen Dennison, Director Schoolhouse Children's' (History) Museum Taryn Wheat, Ron Weiland, City Commissioner Vince Zabik, Contactor Absent Henderson Tillman, CRA Board I. Call to Order Doug Hutchinson called the meeting to order at 4:05. II. Introduction Everyone introduced themselves and why they were asked to be on the task force. A. Proiect Review and Status: CRA Staff and Vincent Zabik of Show Case Contractors. Doug Hutchinson presented an overview of why the Task Force was formed and a history of the process. Doug explained that he was given a charge to determine if the High School was worth saving and what types of readaptive uses could be put in the High School building. After having conversation with several groups as to space needs, Doug set up a meeting to view the inside of the High School. Doug Hutchinson, Vince Zabik, Larry Finkelstein, Arleen Dennison, and Jim Barrett toured the High School and took pictures. The entire group came to the same conclusion that the High School was in great shape and should be looked at again. Doug Hutchinson presented these findings to the CRA Board. Kurt Brenesser also offer $50,000.00 to form a task force to perform the studies necessary to determine is the High School could be reused to not. The CRA Board voted to set a Task Force to determine the following and present their findings back to the CRA Board in one year. 1. Request the $50,000.00 for the City of Boynton Beach 2. ask for a one-year extension 3. Create a seven member task force to perform the studies and bring the results back to the CRA Board in one year. Vince Zabik, an independent contactor, who went with the group, presented his findings with a list of potential problems that cooresponsed to the pictures to the task force. The list is attached to the minutes. Doug presented a copy of previous structural report for GEE & Jensen and the Feasibility Cost Study by REG to the task force. Don Fenton stated that he would like to get new structural and environmental studies completed right away so they could set the record straight as to the structural conditional of the High School. Don suggested that an RFQ for both structural and environmental be completed right away. The Task Force suggested that the contractors given the job should not have done business with the City of Boynton Beach before if possible due to the perception problem the High School already has. It was decided that Doug Hutchinson would have an RFQ ready for the Task Force at there next meeting. B. Select Task force Chair Person and Vice Chair Person The Taskforce decided they wanted to meet as a group and did not need a Chair Person or Vice Chair Person. The Taskforce did ask Doug Hutchinson to set up the meetings. C. Establish date and time for site visit The Taskforce decided they would set up a meeting for the High School site visit will be April 7th or 8th. D. Establish date and time for next meeting The Taskforce set up the next meeting on April 10th at 6:00 PM at the CRA Office. III. Other Items. There were none. IV. Adjournment at 5:10 PM MAR--29-O~ 12:27 AM P.O! Boynton Beach High School Contractor's Review March 28, 2003 Entered at rear of building. #1. First room was ladies bathroom. 2"x 6" hole plaster falling from leak above. Fixtures old, no water, in very good condition for the age. Photp#1 #2. Next room marked police storage. Small leaks from above, large room in very good shape. Photo #2. #3. Class room small wall cracks, ceiling spots from water, in good shape with minor repair. Photo 03. #4. Electrical storage room, up dated breaker panels with older sub panels, Vacuums, mops, cleaning supplies, no signs of repair needed. Photo 04. #5. Classroom, minor cracks and leaks in very good shape for age. Photo #5 #6. Principals office. Small leaks, everything seams to be in working order. So far all leaks seam to be from the roof or the windows, Photo #6. #7. Down stairs classroom under gym. Twin I beam concrete ceiling, one crack needs to be addressed. All other looks good. Photo #7 #8. West side bathroom, very good shape. Photo #8 #9. Stair well, skylight leaking. Photo #9 #10. Second floor bathroom in very good shape, dirty from windows left open. Photo 010 #11. Hallways, minor wall cracking from age. Photo 011. #12. Second floor classroom and storage closet. Leak in plumbing stack in closet bad, classroom in very good condition. Photo #12. #13, Second floor classrooms ali in relatively good shape except for roof leaks, #14. Second floor hallway ceiling plaster falling due to roof or stack leaks. On going leaks and patches from previous. Photo#14. #15. Gym, dirty but has a beautiful wood floor In excellent shape, This would be great plaee to shoot an old movie like American Graffiti. Photo #15. 016. Rear stairwell off Gym, Bad leaks needs major work. #1 ?, Front mtairwell east side, same as other skylight leaks. #18. Teachers bathroom, in good shape with plaster cracks, Photo #18 #19. East classroom, in very good shape, small plaster cracks older leaks. Hit by lightning at one time, Photo #19. #20. Small hallway to baths and men and women's bathroom all in good shape no photo. #21. Downstairs cafeteria, unable to access no keys. Conclusion: For the age of the school and no major up keep for over ten years the school is in great shape. Items to be replaced or repaired, roof, windows, paint, and a whole lot of cleaning. Water and A/C could not be checked but look to be in fair condition, Also note the electric was up dated at some time and the A/C was added. The hype surrounding the building is unbelievable, wearing space suites and needing a physical to enter is uncalled for. I have been in a lot worse homes were people were living. I found no roaches, spiders, asbestos or live rats. The electric that services the trailers out front comes from this building. If in an · emergency this school could be in operating condition just a few days. I would like to thank the City of Boynton for letting me give you an unbiased opinion of the condition of the old school house. If a good use can be found this building would be a great asset to the eommunity. Sincerely Vince Zabik Showcase Contractors Inc. COMMUNITY REDEVELOPMENT AGENCY High School Taskforce Meeting Friday, March 28, 2003 4:00 A.M. CRA Office I. Call to Order. Introduction: A. Project Review and Status~RA Staff and Vincent Zabik of Show Case Contractors B. Select Taskforce Chair Person and Vice Chair Person C. Establish date and time for site visit D. Establish date and time for next meeting III. Other Items V. Adjournment Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Page 1 of 1 Vielhauer, Susan From: Sent: To: Cc: Lorri Barefoot [Ibarefoot@hrmp.net] Tuesday, April 15, 2003 5:13 PM Vielhauer, Susan Payne, Lindsey Subject: New Draft of Policy Manual Hello Susan, I got your voice mail regarding a project update. Attached you will find the draft of the Policies and Procedures manual. Major elements that have occurred: 1) All reference to the Department of Transportation rules, definitions and procedures on drug testing, screening, etc, has been removed. The Drug Free Workplace Policy, however, is still intact in the manual. 2) The progressive disciplinary process has also been modified to be more streamlined and less rigid. This included removing the formal hearing statement form and references to such. The CRA Record of Discussion Form is still in the manual, but the Board may still want to consider if this section should be further pared down. 3) The sections of the manual have been restructured in some cases to achieve a more cohesive and logical structure flow. 4) Additional language that has been added since last draft is highlighted in red. 5) There are sections that still cannot be completed, as they are pertinent to the survey that we are conducting. In the meantime, though, we would welcome comments and feedback on the aspects of the manual language. The Board may fax or email written questions or changes to us, and we will update this attached draft accordingly. My fax: 561.642.881 7 Regarding the survey, we have received the survey results from 4 agencies thus far. Our staff has contacted all other targeted participants today to remind them of the impending deadline. I expect to receive an update Wednesday so will let you know the status at that time. Regards, Lorri POLICY & PROCEDURE MANUAL COMMUNITY REDEVELOPMENT AGENCY 639 E. Ocean Avenue, Suite/4107 Boynton Beach, FL. 33435 (561) 737-3256 FAX (561) 737-3258 Community Redevelopment Agency Table of Contents 100 1-1 1-2 1-3 1-4 1-5 GENERAL PROVISIONS Purpose Positions Covered by these Policies Approval and Amendment of Policies Definitions Organization for Human Resource Administration 3 3 3 3 5 200 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 EMPLOYMENT/RECRUITMENT & SELECTION EEO Statement Recruitment Employment Applications Selection Procedures Type of Employees Employment of Relatives (Nepotism) Recommendation for Employment Employment Acceptance Disqualification for Employment 5 6 6 6 6 7 7 7 7 300 3-1 3-2 3-3 3-4 3-5 3-6 EMPLOYMENT PROVISIONS Probationary Period Performance Evaluations Harassment Formal Grievances Personnel Actions Code of Conduct and Disciplinary Provisions 8 8 9 10 11 11 400 4-1 4-2 4-3 CLASSIFICATION & PAY PROVISIONS Classification Provisions Pay Provisions Hours of Work / Overtime / Compensatory Time 18 18 18 500 EMPLOYMENT CONDITIONS 5-1 5-2 5-3 5-4 5-5 5-6 Outside Employment CRA Equipment Address & Telephone Numbers Political Activity Resignation Drug Free Workplace 19 19 19 19 2O 2O 600 EMPLOYEE BENEFIT PROGRAMS 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 Vacation Leave Sick Leave Holidays Compassionate Leave Jury Leave Military Leave Disability Leave Leave with Pay Medical & Dental Insurance Retirement 20 21 21 21 21 21 24 24 25 25 Section 1' GENERAL PROVISIONS 1-1 Purpose These policies are to provide guidance to the CRA Board in the administration of the CRA's employees. It is the intent of these policies to ensure that CRA employees will be dealt with on an equitable basis, so that the citizens of the CRA area may dedve the benefits and advantages as a result of a competent CRA staff. It is the responsibility of all CRA employees to read and abide by all provisions of all policies even as amended from time to time. 1-2 Positions Covered by These Policies The policies shall apply to all non-contract employees. These policies shall also apply to employees with individual employment contracts if incorporated by reference into the employment contract. 1-3 Approval and Amendment of Policies These policies shall be in force and in effect when approved by the CRA Board and replace existing policies and procedures, The CRA Board whose decision shall be final shall decide interpretations of any conflicting or ambiguous language. The CRA Board may amend these policies from time to time. 1-4 Definitions Administrative Review - Review and approval of a personnel action by the CRA Executive Director. Appeal - A request by a regular employee for consideration by the CRA Board. Continuous Service - Employment that is uninterrupted by separations of employment, layoffs, etc. Contract Employee - An employee under an individual employment contract with the CRA Board. Contract employees do not have any rights or benefits other than what is specifically stated in their individual employment contract. Demotion -Assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. Dismissal - The discharge of an employee from his/her position with the CRA. The terms termination and dismissal are interchangeable. Employment Contract - An individual contract that provides a non-regular employee with a wdtten agreement of employment terms. Exempt Employee - Any employee whose position is ineligible for overtime as determined by the Fair Labor Standards Act. Full-time Employee - A budgeted regular employee who is scheduled to work a minimum of forty (40) hours per week. Grievance - Formal notice of dissatisfaction by a regular employee who feels they have been unjustly treated in cases regarding their employment. Hire Date - An employee's date of hire or re-hire, whichever is later. Immediate Family - Spouse, mother, father, son, daughter, sibling, stepfather, stepmother, stepchild, grandparent, and grandchild. Initial Probationary Period: A ninety (90) day calendar period of time beginning with the employee's hire date. Leaves or breaks in service without pay for more than fifteen (15) business days may cause this date to be extended by the actual number of work days missed. During the Initial Probationary Period, an employee may be terminated without notice and without cause. Job Anniversary Date - the effective date of a promotion or demotion action. Layoff - Dismissal from employment because of shortage of work or funds, or because of changes in the organization. Non-Exempt Employee - Any hourly employee whose position is eligible for overtime alter 40 hours of work per week as determined by the Fair Labor Standards Act. Overtime Pay - Pay for overtime worked in excess of a non-exempt employee's workweek. Part-time - Appointment to a position that usually requires a working schedule less than thirty (30) work hours per week. Pay Plan - A formal schedule of pay ranges for all classes of work. The schedule shall set forth for each classification the minimum, mid/control point and maximum to provide values of work among classes within the appropriate labor market. Pay Range -The minimum and maximum pay established by the CRA Board for budgeted positions. Performance Appraisal - Assessment of how well an employee has performed during a pedod of time. Position Probationary Period A ninety (90) day calendar year period of time beginning with the effective date of a promotion or demotion of a regular employee. Leaves or breaks in service without pay for more than fifteen (15) business days may cause this date to be extended by the actual number of work days missed. During the Position Probationary Period, an employee may be returned or demoted to their former position without notice and without cause. Probationary Employees - Any employee who is serving in a new position either by appointment, promotion or demotion. Promotions or demotions occurring within the established initial probationary pedod shall cause an employee to begin a new initial probationary pedod of one calendar year. Probationary Period - A pedod of ninety (90) days. During this period an employee may be dismissed, demoted, or suspended without warning or statement of cause. Promotion - The assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made, Reclassification - The change of a job classification due to a permanent change in or an increase or decrease in the assigned duties and responsibilities of the position. Re,qular Employee - An employee who has achieved regular status alter completing the established or applicable probationary period. Suspension - The separation with or without pay of an employee for a pedod of time. Exempt employees shall be subject to no less than one week suspensions without pay. Temporary Employee - An employee in a position other than regular full-time or part-time for a specified period of time. Temporary Position - All positions that are not designated regular budgeted positions. Vacancy - An existing or newly created position, which is not occupied. Workweek - The established 40 hour period of time that constitutes the workweek for FLSA purposes. Non-exempt employees are not eligible for overtime compensation until after 40 hours in the workweek. 1-5 Human Resources Administration The CRA Board: A. Approves the recommended Policy & Procedures Manual. B. Approves recommended pay plan(s). C. Approves appointments and removals of individuals regardless of contract status. D. Authorizes all new CRA positions, assigns funding for pay ranges and authorizes recruitments. The CRA Executive Director or Human Resources designee: A. Is responsible to the CRA Board for the administration of the Policy and Procedures Manual and other Board directives. B. Recruits, appoints, promotes, transfers or removes, demotes, suspends, dismisses or disciplines all subordinate employees. C. Performs or delegates all duties and exercises all powers in personnel. D. Administers the recommended and approved pay plan. E. Administers an effective payroll system. F. Develops and implements effective training programs for employees G. Recommends such policies or revisions in compliance with prevailing legislation. H. Administers the employee benefits programs. I. Administers an effective disciplinary program. J. Administers an effective performance appraisal program. Section 2: RECRUITMENT, SELECTION & EMPLOYMENT 2-1 Equal Opportunity Statement The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), or madtal status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. PURPOSE: The purpose of this Policy is to reaffirm the CRA's position regarding non-discrimination in all matters. PROVISIONS: 1. All recruitment activities, hiring, training employment decisions, and personnel actions will be based on valid qualifications without regard to race, color, religion, sex, national origin, age, handicap, or marital status. 2-2 2-3 2-4 Recruitment The CRA Executive Director shall implement effective EEO hiring procedures. The CRA Board shall authorize all new CRA positions, assign funding for pay ranges and direct the CRA Executive Director to start the recruitment and selection procedures. Job announcements shall then be publicized internally and/or externally for ten (10) business days. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and indicated as such to applicants. Only authorized offers of employment made to individuals are binding on the CRA. Employment Applications Individuals desiring consideration for employment may submit a letter of interest, or a resume to the CRA Executive Director or human resources designee. All applicants submitting a resume or letter of interest and granted further consideration shall complete an application for employment prior to any job offer. Applications will only be accepted when a vacancy occurs. Applications will be maintained for a pedod of two years and then properly destroyed in accordance with Public Records laws. Applications must be signed and certified by the applicant. Incomplete applications will not be accepted. When a vacancy occurs, previously submitted applications on file may be updated for consideration in addition to ali new applications and resumes received until the established closing date or until the vacancy is filled. Selection Procedures Selection processes may consist of one or more of the following: 1. Background Investigations including motor vehicle driving record and criminal history check. 2. Reference checks. 3. Performance examination. 4. Pre-employment Drug Screening examination and post offer physical examination. 5. Review and evaluation of education, training, and experience. 6. Any other applicable cdteda which will fairly assess the abilities of individuals to perform the duties required for the position. Applicants considered for employment may be subject to pre-employment controlled substances screening. Applicants testing positive for any of the specified drugs will not be eligible for employment. Such applicants may not be considered for employment for a period of two (2) years following a positive drug test. 2-5 Type of Employee CRA employees are divided into two groups, contract and non-contract. Contract employees are individuals hired by a direct employment contract for a specified duration of time that are not budgeted by the CRA Board. Non- contract employees fill regular budgeted positions as authorized by the CRA Board and not otherwise designated as contract employees. 2-6 Employment of Relatives (Nepotism) 2-7 The CRA will comply with Flodda Statue 112.3135 regarding nepotism rules in an effort to eliminate hidng practices which result in conflicts of interest, favoritism or the appearance of impropriety. Further, approval will not be granted for the employment, promotion, or transfer of a member of the immediate family of an employee or other relative by mardage (father, mother, spouse, son, daughter, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepparent, stepchild, grandparents, grandchildren or other persons living in the same household of the employee's household. Recommendation For Employment Once the inten/iew process has revealed a suitable applicant and the reference checks and screening steps appear satisfactory, the CRA Executive Director is authorized to then hire that applicant for employment and submit the proper forms to the CRA Board. If the CRA Executive Director proposes a salary exceeding the minimum of the position's pay range, written justification must be included for consideration. Upon receipt of a recommendation for employment and in conjunction with a pending offer of employment, a drug screening for the applicant is then scheduled. Drug screenings must be satisfactorily passed in order for a job offer to be extended and binding upon the CRA. 2-8 Employment Acceptance The applicant must make employment acceptance within three (3) workdays of the employment offer, unless otherwise extended by the CRA Executive Director (maximum of 5 business days). If employment acceptance is declined, the CRA Executive Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new recruitment process. All new CRA employees attend an orientation program after starting employment. At that time the new employee must provide proof of work eligibility and verification of identity to the CRA in accordance with prevailing IRCA laws. Employees are responsible for reading, understanding, and abiding by all CRA policies and procedures as amended from time to time. 2-9 Disqualification For Employment The CRA may reject an applicant who does not possess the minimum qualifications required for the position. Failure to meet the physical requirements necessary to perform the essential functions for a particular job as determined by the CRA will also result in disqualification if a reasonable accommodation for an otherwise qualified individual with a disability cannot be reached, or would create an undue hardship. Fraudulent conduct, false statements, or omissions by an applicant or by others on behalf of the applicant with the applicant's knowledge, in any application or examination, may be cause for the disqualification of such applicant, or termination from the CRA employment. Immediate relatives or persons living in the residence of CRA Board members, the CRA Executive Director, or the human resource designee are not eligible for employment. Section 3: EMPLOYMENT PROVISIONS 3-1 Probationary Pedod A) All entrance appointments shall be in a probationary status for a period of one year unless extended by the CRA Executive Director. Probationary statuses may be extended upon written notification to the employee up to six (6) months at the discretion of the CRA Executive Director. This tdal working pedod shall be utilized to observe an employee's performance. All promotion or demotion appointments effected within the initial probationary pedod shall cause the employee to begin serving a new ninety (90) day initial probationary pedod. All promotional appointments occurring after the ninety (90) day initial probationary period has occurred shall be deemed as position probationary pedods; employees not successfully completing this position probationary pedod shall be returned to their previous classification status without appeal benefits. If either initial or position probationary pedods are extended, no wage or salary increases shall be affected during the extension pedods. Awards granted after the extensions shall not be retroactive. A probationary employee who has not successfully passed the established initial probationary period in any classification may be terminated by the CRA Executive Director. 3-2 Performance Evaluations A) B) C) General Provisions The employee's performance evaluation is designed to examine, review and document work performance. The ratings shall be set forth on the applicable performance evaluation form. Each employee shall be given a copy of the evaluation prepared and shall have the opportunity to discuss it with the employee's supervisor. Employees may appeal their evaluation to the CRA Executive Director within five (5) business days of receiving their performance evaluation. Such appeals must state the reason for the appeal, the facts supporting the employee's case, and any other pertinent information relevant to the matters at hand. The CRA Executive Director shall schedule an appeals meeting within 15 business days of receipt of the appeal, preside over the appeals meeting, and render a decision on the matter within 15 business days of the appeals meeting. All decisions of the CRA Executive Director are final. Frequency of Performance Evaluations Performance evaluations are completed annually with the first coinciding with the successful passing of the initial probationary period and/or position probationary period, and annually thereafter coinciding with employees' hire or job anniversary date, whichever is applicable. Special evaluations may be conducted at any time with the approval of the CRA Executive Director. Performance Evaluation Rating Procedure The direct supervisor of the employee shall be responsible for obtaining the appropriate evaluation form and completing the evaluation. An employee must sign and date the completed evaluation form indicating that he/she has discussed and received a copy. The signature does not mean he/she agrees with the evaluation. If the employee refuses to sign the form, it should be so indicated by the CRA Executive Director in the space provided for the employee's signature. 3-3 Harassment The CRA is committed to a professional work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual and other forms of harassment. Therefore, the CRA expects that all relationships among persons in the office be businesslike and free of bias, prejudice and harassment. In keeping with this commitment, the CRA maintains a strict policy prohibiting harassment of staff members in any form in the workplace from other staff members, vendors, contractors, or guests. Violators shall be subject to termination. Sexual harassment constitutes discrimination and is illegal under federal and state laws. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when, for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances these behaviors may include, but are not limited to: unwanted sexual advances; subtle or overt pressure for sexual favors; sexual jokes; innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or sexual deficiencies; leedng, whistling, touching, pinching, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures; display in the workplace of sexual suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature. The CRA's policy equally prohibits any other type of harassment involving a protected category under federal, state, or local law (for example, on the basis of race, color, religion, national odgin, age and/or disability.) This policy applies to all applicants and staff members whether related to conduct engaged in by fellow staff members, managers, or someone not directly connected to the CRA (e.g., an outside vendor, consultant, the public.) Reportin.q an Incident of Harassment The CRA encourages reporting all perceived incidents of harassment, regardless of the offender's identity or position. Individuals who believe they have been the victims of harassment should discuss their concerns with their CRA Executive Director or human resources designee. Administrative investigations shall then be conducted to ascertain necessary facts. Decisions on the involved padies' status will then be rendered. Individuals who believe they have been the victim of harassment or believe they have witnessed harassment should discuss their concems with the CRA Executive Director or human resources designee. If you receive information regarding sexual harassment you are obligated to report it immediately to the CRA Executive Director. We encourage the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. Therefore, while no fixed reporting pedod had been established, eady reporting and intervention has proven to be the most effective method of resolving actual or perceived incidents of harassment. 3-4 Harassment Policy Complaint Procedure A. Informal Complaint Procedure Informal Complaints are defined as verbal notifications to the alleged offender and/or to the CRA Executive Director or human resources designee regarding an alleged instance of harassment. The CRA encourages individuals who believe they are being harassed to promptly notify the offender that his or her behavior is unwelcome. If, for any reason, individuals do not wish to confront the offender directly or such a confrontation does not successfully end the harassment, individuals shall notify the CRA Executive Director or human resources designee. The CRA Executive Director must be notified in all instances. Failure to do so may result in disciplinary action up to and including termination. B. Formal Complaint Procedure Formal complaint s are defined as written complaints submitted to the CRA Executive Director regarding an alleged instance of harassment. The CRA encourages individuals who believe they are being harassed to promptly notify the CRA Executive Director of the unwelcome behavior. The CRA Executive Director must be notified in all instances. Failure to do so may result in disciplinary action up to and including termination. Administrative Investigations Any reported allegations of harassment will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have relevant knowledge. The complaint and investigation will be handled with sensitivity, and confidentiality will be maintained throughout the investigation process to the extent allowed by law and to the extent practical and appropriate under the circumstances. Only those individuals with a "need to know' shall be informed of the findings or the extent of the investigation. All employees shall not discuss any circumstances involving the parties or matters at hand unless it is with the CRA Executive Director throughout the investigational processes. Retaliation against an individual for reporting alleged harassment or assisting in providing information relevant to a claim of sexual harassment is a serious violation of this policy and will be treated with the same stdct discipline, as would the harassment itself. Acts of retaliation should be reported immediately and will be promptly investigated. In order to protect the welfare of all employees, findings of false or malicious statements intended to harm another individual shall result in immediate disciplinary action, up to and including termination. Violations of this policy may result in disciplinary action up to and including termination. Failure to act upon gaining knowledge of violations of this policy may result in disciplinary action up to and including termination. Training shall be conducted on a pedodic basis to raise awareness of harassment issues and remedies of same. Failure to truthfully cooperate with an investigation of this nature may result in disciplinary action up to and including termination. Formal Grievances It is the policy of the CRA to anticipate and avoid occurrences of formal grievances and to deal promptly with formal grievances that may arise. All formal grievances must be in writing and to the CRA Executive Director. If a formal grievance is denied by the CRA Executive Director, it will be forwarded to the CRA Board for a final decision. The primary purpose of this grievance procedure is to determine what is right, not who is right. Free discussion between employees and the CRA Executive Director will lead to better understanding of practices, policies and procedures, which affect employees. Discussion will serve to identify and help eliminate conditions, which may cause misunderstandings prior to the filing of written formal grievances. ]0 The CRA Executive Director shall establish rules for the processing of formal grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a formal grievance. Formal grievances are to be initiated by employee within ten (10) days of the event giving rise to the grievance or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Director regarding disposition of the grievance is binding and not subject to further review. 3-5 Personnel Actions 3-6 Promotion Upon promotion, an employee shall receive an increase to the minimum pay rate of the new position, or up to 10%, whichever is higher. In no case shall the new salary exceed the maximum pay established for the position. Promoted employees shall serve a ninety (90) day position probationary period and may be demoted without notice and without cause during the position probationary period. Demotion Upon demotion, an employee shall receive a decrease in pay of a minimum of 5%, or up to 10% if previously promoted to the higher level classification and awarded that amount for the promotion action, or greater if a higher amount of decrease is necessary in order not to exceed the maximum rate of pay for the lower level position. In no case shall the new lower pay rate exceed the maximum of the pay range established for the lower level position. Demotion Approvals and Appeal All demotions and resulting adjustments in an employee's pay rate shall receive the prior review and approval of the CRA Executive Director. Demoted employees not serving within an established probationary period may appeal the demotion action in writing within two (2) business days of written notification of the demotion. The CRA Executive Director shall schedule an appeals meeting within ten (10) days of receipt of the employee appeal. The written appeal must state the reason for the appeal and all facts supporting the appeal. The CRA Executive Director shall preside over the appeals meeting and render a final decision within twenty (20) days of the appeals meeting. The demotion action shall be effected regardless of any appeal request. The demotion may then be overturned by the CRA Executive Director when a final decision has been made Code of Conduct & Disciplinary Provisions Purpose The CRA anticipates that its employees will conduct themselves appropriately, both on and off the job. As a service entity, we must treat our customers in a courteous and respectful manner at all times and our conduct must be consistent with the CRA's mission statement and values. We recognize, however, that there will be instances when employees may act in a manner that is not consistent with the CRA's and the CRA Board's expectations. To address these situations, a disciplinary process has been developed to enable the CRA Executive Director to resolve issues related to unacceptable performance and misconduct. The CRA's goals in establishing such a process are both to ensure that employees understand the potential consequences of inappropriate behavior and to assist them in recognizing the severity of such consequences, with the hope that disciplinary sanctions, if required, will encourage the individual to personally resolve whatever concerns exist with respect to either inadequate performance or personal misconduct. Provisions A. Conduct unbecoming a CRA employee is defined as employee behavior or actions on the part of the employee which hinder or jeopardize the successful operation of the CRA, undermine teamwork and cooperation among CRA employees, or undermine the public confidence in the CRA or its employees. ]! Counseling and wdtten reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the CRA and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "t'~xed formula" for discipline, management reserves the dght and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or sevedty of the incident. Although progressive disciplinary actions are encouraged when circumstances support such use, the sevedty of misconduct and the circumstances shall determine the nature of the discipline. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to Human Resources, shall serve as grounds for disciplinary action. After a period of one year for a Record of Discussion, two years for a Wdtten Reprimand, and five years for a Suspension, discipline will not be considered for purposes of future disciplinary actions or promotions. However, these items will remain in the employee's personnel file. Verbal warnings or verbal reprimands are not considered as disciplinary action. EXAMPLES OF MISCONDUCT: The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the CRA, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case-by-case basis. The following are examples of violations which shall result in disciplinary action: Conduct unbecoming of a CRA employee, as specified in the Definitions section. Abuse of Human Resources policies including, but not limited to: · abuse of sick leave privileges, sick leave policy or excessive absenteeism · failure to notify CRA of current address and telephone number within ten (10) calendar days of change · failure to report any outside employment. · possession of a firearm or concealed weapon on CRA property or while performing official CRA duties · suspension or revocation of any required job-related licenses or certifications. · use of abusive language to or about an employee, co-worker, supervisor, or the public · insubordination, meaning the failure to recognize or accept the authority of a supervisor. · threatening a co-worker or supervisor 3. Abuse of departmental procedures and work rules including, but not limited to: · failure to provide name and official title to any person requesting same when performing work related duties · habitual extension of lunch pedods or break pedod · habitually late for work without valid reason · smoking in prohibited areas · unauthorized solicitation, posting of material, or non-productive behavior. · disrupting or hindering departmental operations · outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job · unauthorized personal use of CRA equipment or funds · improper use of CRA time for conducting personal or pdvate business · other department rules as communicated by director/supervisor. 4. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. 5. Violation or disregard of CRA's Safety policy and procedures including: · unauthorized use or unsafe operation of CRA property, equipment or vehicle. · failure to report an on-the-job injury or accident within 24 hours to immediate supervisor · supervisor's failure to report an employee's on the job injury to the CRA Executive Director within 24 hours and/or completion of necessary documentation 6. Illegal, unethical or improper acts including: · theft or removal of CRA property without proper authorization · falsifying employment application or concealing information during pre-employment screening or processing · soliciting or accepting an unauthorized fee or gift · giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations · possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test · possession or use of alcohol while on duty; or reporting to work under the influence of alcohol · refusal to participate, if offered, in a drug/alcohol rehabilitation program, and to sign and abide by a return to work agreement when the CRA receives positive confirmed results on any CRA ordered drug test such as workers' compensation, accident or reasonable suspicion drug or alcohol testing · refusal to submit to a CRA sponsored drug or alcohol testing such as workers' compensation, reasonable suspicion, follow up, or applicant processes · violating the CRA's Sexual Harassment policy through interaction with another employee or a member of the public PROCEDURE When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. A Human Resources designee will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. ]3 a. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any CRA employee. These investigations shall be conducted by the CRA Director, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. b. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the CRA. These investigations shall be conducted by the local Police Department, in collaboration with the CRA Director. TYPES A. In instances where an investigation of sedous, unlawful or other extreme misconduct is necessary, administrative and/or cdminal investigations shall be conducted. The immediate supervisor may initiate a three day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions with pay of more than three days require the approval of the CRA Executive Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the CRA Executive Director after the suspension is issued, so that the matter can be investigated at once. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay pedod shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. OF ACTION: Counseling - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in further discipline up to and including termination. A Record of Discussion form should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Record of Discussion form shall be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments on a separate sheet for inclusion in the record. Written Reprimand - Consists of an immediate supervisor issuing a wdtten notice of reprimand to improve performance, work habits, or behavior. A written reprimand may include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a waming that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. Employees may submit comments on a separate sheet for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow-up discussion at the end of the designated time period should be conducted. This follow-up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. ]4 Suspension - Consists of an employee being prohibited from returning to work until the specified pedod of suspension has passed. If the suspension is greater than one day, it shall be issued on a consecutive working day basis. Unless provided for otherwise in this policy or disallowed by the Fair Labor Standards Act, all suspensions shall be without pay. Suspensions shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline support a suspension for a specified period of time. Employees shall be suspended pending the outcome of a recommendation to terminate and shall remain under suspension until the CRA Executive Director has made a final determination in a pre-termination headng, if elected by the employee. 1. With the written authorization of the CRA Executive Director, immediate supervisors have the authority to issue a suspension for three working days or less. 2. Suspensions beyond three working days require pdor authorization by the CRA Executive Director. Suspensions due to a recommendation to terminate only require the CRA Executive Director's approval. 3. Employees being suspended shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. 4. It shall be the employee's responsibility to pay for insurance benefits and/or loan payments previously paid through payroll deductions during any suspensions without pay in order to maintain beneffis during these pedods. Lapses in payments may result in forfeiture of beneffis or defaults on loans. 5. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the wdtten notification, and forwarded to Human Resources for inclusion in the employee's records, with a copy provided to the employee. Demotions - In the context of this policy, demotion consists of an employee being involuntarily removed from higher level classification to a lower level classification, with a resulting decrease in annual salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, dudng position probation an employee shall be subject to demotion without the CRA being required to state a reason. The employee shall not have access to any appeal process with regard to the demotion. A demotion will involve a decrease in salary of not less than 5%, commensurate with the decrease in responsibilities. Immediate supervisors should discuss the potential demotion of an employee with their chain of command and the Human Resources Department pdor to a wdtten recommendation for demotion. The supervisor shall then submit the wdtten recommendation to the CRA Executive Director. Demotions require authorization from the CRA Executive Director prior to being effected. Written notification of demotions shall be provided to the employee by the CRA Executive Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file in Human Resources. Employees may submit comments on a separate sheet for inclusion in their Human Resources personnel file. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments on a separate sheet for inclusion in the record. Wdtten notification of a demotion shall be signed by the employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's records. Dismissal - Dismissal is a result of an employee's involuntary termination which severs the employment relationship. At such time all employee benet-~s cease, except as otherwise provided by law. Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Dismissals of regular employees shall be effected only with the authorization of the CRA Executive Director. The recommendation to terminate shall be retained in Human Resources and forwarded to the CRA Board after an Informal Headng election decision has been completed by the employee within the noted timeframe. A written notice of the recommendation to terminate and placement on suspension shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation shall include the following information: 1. The underlying reasons for the recommended termination. 2. Documentation upon which the supervisor relied in formulating said recommendation. 3. An explanation of his/her rights to request an Informal Headng pdor to the recommendation to terminate being decided upon by the CRA Director and the fact that the decision of the CRA Executive Director shall be final. If an employee does not exercise their right to an Informal Headng, the termination will become effective after the expiration of the two (2) day pre-termination election pedod. 4. If the employee elects a pre-termination headng and the CRA Executive Director authorizes the termination, a notification letter shall be delivered to inform the employee of the decision and to provide notice of the employee's dght to a post-termination Formal Hearing. The terminated employee must elect the Formal Headng within 5 business days of the date of the notification letter. Whether the CRA Board's final determination is dismissal or a lesser form of discipline with reinstatement at the same or lower level position, the recommendation to terminate and the CRA Executive Director's notification letter shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee. Employees may submit comments on a separate sheet of paper for inclusion in their Human Resources personnel file. Initial probationary employees who have not successfully completed the established probationary pedod shall be subject to dismissal without cause and it shall be effective after a authorization by the CRA Executive Director. At the time of dismissal, employees are required to surrender to their supervisor or designee, all CRA property which may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final check. INEFFICIENCY OR INCOMPETENCE The inefficiency or incompetency in the performance of assigned duties may result in demotion, or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. Employees who receive an OVERALL "Below Expectations" evaluation (rating of 1) shall be given a follow-up evaluation within 60 days of the initial "Below Expectations" evaluation. More than one overall rating of "Below Expectations" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Expectations". CRA RECORD OF DISCUSSION FORM EMPLOYEE NAME TITLE SUPERVISOR REASON FOR INTERVIEW: COMMENTS: EMPLOYEE'S SIGNATURE DATE SUPERVISOR'S SIGNATURE SUPERVISOR'S NAME, TITLE DATE 17 Section 4: CLASSIFICATION & PAY PROVISIONS 4-1 Classification Provisions Purpose of the Classification Plan The classification plan provides for a systematic arrangement of positions. The plan groups related positions into classifications with a similar range of duties, level of responsibility, and nature of work performed. Two or more classifications that are similar in type of work, but differ significantly as to the level of responsibility and difficulty, may be grouped as a classification series. 4-2 4-3 Pay Provisions Purpose of the Pay Plan The pay plan shall provide the basis of compensation for all employees and shall be administered and recommended for revision as appropriate by the CRA Executive Director. The Pay Plan shall include: 1) Tables of basic pay rates 2) Schedules of pay grades for each title in the classification plan consisting of the minimum and the maximum hourly rate, and/or annual salary. 3) Identification of non-exempt and exempt classifications. Hours of Work/Overtime/Compensatory Time A. Hours of Work Hours of work will be determined by the CRA Executive Director, subject to the approval of the CRA Board and shall be uniform for all employees and be determined in accordance with the needs of the services and operational needs of the CRA. As a public employer, situations may arise that may require employees to work overtime without notice. All employees are required to work overtime when notified by the CRA Executive Director of the need to work. The initial office hours of operation shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday except for approved holidays. B. Overtime Overtime hours are hours actually worked by non-exempt employees in excess of a forty (40) hours per work week and must be authorized in advance by the CRA Executive Director before such overtime is permitted. The established workweek is Friday 12 a.m. through Friday 11:59 p.m. for FLSA purposes. 1. Non-exempt employees are paid for overtime hours worked at the premium rate of time and one- half the regular rate for all authorized time actually worked in excess of forty (40) hours a week. Hours that shall count towards overtime calculations only include those hours "actually" worked. Annual leave, sick leave, holiday pay, suspensions with pay, workers compensation leave, family medical leave, funeral leave, jury duty, annual military leave and other absences from work while on active pay status will not be counted as time actually worked for purposes of determining whether overtime has been worked in excess of forty (40) hours per week. Compensatory Time as Payment for Overtime Hours Worked Compensatory time shall be awarded and earned at 1.5 hours for every hour of overtime worked above 40 hours in lieu of cash compensation in accordance with FLSA. Cash payments for overtime compensation may be authorized at the discretion of the CRA Executive Director. Accruals of compensatory time may be accrued up to 80 hours and may be used by the employee provided reasonable notice has been given to CRA. Exempt employees are expected to work the necessary hours to complete their assignments and are ineligible for overtime. Special leave time may be granted to exempt employees up to 40 hours annually in recognition of their dedicated services to the CRA. Section 5: EMPLOYMENT CONDITIONS 5-1 Outside Employment Employees may engage in outside employment dudng off-duty hours when such employment does not in any way interfere or create a potential conflict of interest with their CRA employment. An employee, who wishes to engage in any outside employment including self-employment, shall provide information concerning the proposed employment to the CRA Executive Director for approval pdor to engaging in outside employment. 5-2 CRA Equipment The personal use of any CRA equipment, such as computers, tape recorders, cameras, tools, etc., shall be prohibited unless otherwise approved in advance by the CRA Executive Director. In addition, employees are not to use any CRA e- mail addresses for receipt of personal mail. 5-3 Address and Telephone Number Employees are required to report any change in address or telephone number to the CRA Executive Director within 10 days of the change. Failure to comply with this requirement may result in disciplinary actions up to and including termination. The employee shall also maintain on a current basis the name, address and telephone number of the person(s) to contact in case of emergency. 5-4 Political Activity No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while either on or off duty. Employees, in their pdvate capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof. No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CSA premises. ]9 Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. 5-5 Resignation B= Resignation is the voluntary separation of an employee from employment accomplished by serving a wdtten notice expressing a decision to end employment with the CRA. Such wdtten notice shall be deemed to be accepted immediately. An employee who wishes to leave in good standing shall provide at least two (2) weeks notice, before leaving. Resignations may be rescinded only with the written approval of the CRA Executive Director. Employees that fail to repod to work or fail to call in absent to their supervisor for three (3) consecutive business days shall be deemed as having voluntarily resigned from employment. 5-6 Drug Free Workplace POUCY As part of our commitment to safeguard the health of our employees, to provide a safe place for our employees to work, and to promote a drug free community, the CRA has established a Drug Free Workplace prohibiting the use or abuse of alcohol and drugs by employees. In the spirit of safety, employees are expected to support our drug free workplace. Substance abuse, while at work or otherwise, seriously endangers the safety of employees, the general public, and creates a vadety of workplace problems including a decline in the quality of products and services provided. Employees injured in the course and scope of employment that test positive on drug or alcohol tests may forfeit medical and indemnity benefits under Florida's Workers Compensation. Refusal to take drug or alcohol tests also results in forfeiture of medical and indemnity benefits under Florida's Workers Compensation and automatic termination of employment. Reasonable assistance is offered to employees who voluntarily recognize a substance abuse problem. However, performance standards are upheld even if 'Below Expected' performance is related to drug or alcohol use; such instances result in disciplinary actions. Violations of the Drug Free Workplace policy are not tolerated and result in disciplinary actions up to and including termination. Section 6: EMPLOYEE BENEFIT PROGRAMS 6-1 Vacation Leave Purpose of Vacation Leave: The purpose of vacation leave is to provide regular full-time exempt and non-exempt employees with an opportunity to be absent from work for approved reasons without loss of pay or benefits. Accrual Rate and Maximum Accrual: Vacation leave is accrued based on the employee's length of service with the CRA. New employees accrue vacation leave days retroactive to their hire date and may begin to use such vacation days upon completion of their first year of employment. 20 6-2 Years of Service 1 year 2 years, but less than 5 years 5 years, but less than 10 years 10 years, but less than 20 years More than 20 years Vacation Vacation Days Hours 6 48 12 96 15 120 17 136 20 160 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during January I - December 31 may exceed this stated policy, however, any amount over the accrued amount of the two most recent employment years maximum that has not been used during that (January I - December 31) will be forfeited as of December 31=. Sick Leave As each month passes, a regular full-time exempt or non-exempt employee accumulates one (1) day of sick leave to a total of twelve (12) days per year. Sick leave with pay shall be computed from the hire date of the employee with unlimited accumulation of sick leave. An employee will be granted sick leave if the employee's absence from work is necessitated by one of the following reasons: 1) Employee's health or the health of an immediate member of the employee's family. (For this section, "immediate family" includes the employee's spouse, mother, father, child and stepchild without regard to their residence and any other person permanently residing in the employee's household). 2) Medical, dental or optical treatment, which is necessary dudng working hours. 3) Quarantine due to exposure to a contagious disease. 6-3 All requests for more than three (3) consecutive days of sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. Holidays The following holidays will be observed each year. New Years Day (January 1) Martin Luther King's Birthday (as designated) President's Day Memodal Day Independence Day Labor Day (First Monday in September) Veterans Day (as designated) Thanksgiving Day (Fourth Thursday in November) Thanksgiving Friday One-half (1/2) day on Christmas Eve Christmas Day (December 25) One-half (1/2) day on New Years Eve 2] The CRA Board reserves the dght to declare these and any other holidays on a date designated by the CRA board; such dates do not necessarily have to be on the specified traditional date, but on the date that meets the best interest of the CRA. Regular full time Employees shall be paid for the legal holidays at their current pay rate. Regular full time Non-exempt employees who work on a holiday shall also be paid for their holiday plus the time worked at straight time. Regular full-time employees must be in pay status dudng regular workdays immediately before the holiday and after the holiday in order to receive pay for the holiday. Part-time, temporary, and emergency appointed employees are not entitled to holidays with pay. Compassionate Leave Employees may be granted by the CRA Director, upon request, three days of leave with pay due to a death in an employee's immediate family. (For this section, "immediate family" includes the employee's spouse, parent, father or mother-in-law, child, step-child, grandchild, brother, sister and grandparent of the employee or spouse.) Under extreme circumstances and with the agreement of CRA Director, the leave may be extended. 6-5 Jury Duty Any employee summoned for jury duty or to be a witness related to CRA business shall comply with such summons without loss of pay. Any compensation received as a result of compliance with such summons shall be returned to the CRA, less any amount attributable to an allowance for mileage. If an employee is summoned to appear for jury duty or as a witness, the employee must notify the CRA Director immediately. An employee receiving a witness summons for non CRA business must use vacation pay to cover the work hours missed. 6-6 Military Leave POLICY The CRA recognizes an employee's responsibility to fulfill U.S. Military Armed Forces obligations or annual training sessions or active duty call-up and provides this benefit to eligible employees. DEFINITIONS Military Reserves - military units not routinely engaged in active duty status and identified as National Guard, Air National Guard, Office Reserve Corp., Army Reserve, Air Force Reserve, Marine Corp. Reserve, and Coast Guard Reserve. These units may have annual short term training sessions. Short Term Military Leave - a paid pedod of time for military reservists up to seventeen (17) working days annually for the purpose of short term military training sessions. Active Duty Status: military reservists who receive official orders to report for active military duty not regarded as a training session. Long Term Military Leave - a period of time when military reservists are called to active duty status for not more than four (4) years plus a one (1) year additional voluntary extension if at the request and convenience of the government for active military duty in the Armed Forces. 2?- Supplemental Pay - an amount necessary to bdng the employee's total salary, inclusive of the military pay, to the net base level earned at the time the employee was called to active military duty. Armed Forces Physical Examination - a medical/physical examination required by the military. ELIGIBILITY All regular full-time employees of the CRA who are called for military reserve or active duty status. Florida Statute 115 will be complied with for other types of employees. PROVISIONS All actions relative to Military Leave are governed by the provisions of Florida Statute 115, or other legislation as amended from time to time. Short Term Military Leave - An eligible employee receiving official orders to report for reserve duty may receive their normal pay and normal accruals for that pedod of duty, known as Short Term Military Leave, not to exceed seventeen (17) working days annually. Flodda Statute provisions regarding shift workers may affect the working days noted above. A copy of the official document confirming the order must be furnished to the CRA Director prior to the leave period. Upon completion of the Short Term Military Leave, the employee must submit a wdtten statement from their Commanding Officer attesting to their satisfactory performance to the CRA Director in order to receive the normal pay dudng the Short Term Military Leave. 3A. Long Term Military Leave - An eligible employee who is an active or inactive military reservist receiving official orders to report for active duty may receive supplemental pay for that pedod of active duty, known as Long Term Military Leave. A copy of the official document confirming the order must be furnished to the CRA Director. This copy must be submitted prior to the leave period. Upon completion of the Long Term Military Leave, an employee must return to work within ten (10) working days after an Honorable Discharge. Supplemental pay shall cease upon the effective date of an Honorable Discharge. Employees may use other types of leave in accordance with CRA policies if there is a reasonable gap between the effective date of an Honorable Discharge and the employee's return to work, provided the employee reports to work within ten (10) working days of the Honorable Discharge. Proof of Honorable Discharge shall be submitted to the CRA Director. The employee must be physically and mentally capable of satisfactory performance of job duties assigned in the formally held position. An equivalent position may be offered if the former position no longer exists. A medial examination may be required at the discretion of the CRA Director. Any employee on Long Term Military Leave who is discharged with less than an Honorable Discharge shall not be eligible for supplemental pay or other benefits provided to employees. Such instances shall be considered as the employee having resigned without notice and shall only be eligible for mandated provisions of Flodda Statute 115. Employees on Long Term Military Leave with dependent health coverage can continue medical coverage for dependents through payroll deductions during the active duty pedod. To supplement the employee's net base pay while on Long Term Military Leave, the employee's budgeted position would be frozen and salary savings shall be used to fund the difference between the employee's current net base pay and any military pay. Additionally, the employee's status would be frozen as well. VVhen the employee returns to work in accordance with these provisions, benefits will be in accordance with statutory requirements. No accruals for sick leave, annual leave or longevity shall occur dudng a Long Term Military Leave. The pedod of Military Leave shall not be considered as a break in service, but shall not count as service credits for any benefits. Dudng Long Term Military Leave, contributions and service credits for any pension plan or ICMA Money Purchase Plans shall be suspended until the employee returns to work status. Employees on Long Term Military Leave shall remain at their current dollar value of their current pay dudng Military Leave. For future earnings, the employee's current pay will be adjusted to the new minimum pay for their position, if necessary, upon the employee's return to work. New minimum pays may have been established during Long Term Military Leave. No incentive pay or retroactive adjustments shall be considered. Probationary statuses shall remain in effect until the employee completes and successfully passes any such status after Long Term Military Leave. Merit increases shall be suspended for the duration of Long Term Military Leave; the employee must earn such increases upon returning to work. Job Anniversary dates shall not be effected by any Long Term Military Leave. If an employee on Long Term Military Leave fails to return to work within ten (10) working days of an Honorable Discharge, then employee must apply for re-employment within ninety (90) days after completion of military service or within thirty-one (31) days after completion of initial active duty for training of not less than 3 months. Flodda Statute shall apply in these instances. Employees called for a Selective Service Physical shall be entitled to time off with pay. To earn this leave, the employee must present a copy of Military Leave notice to the CRA Director pdor to taking the required physical. 6-7 6-8 Disability Leave Regular full time Exeml~ and Non-exempt employees who are on disability leave will have their positions held for a maximum of nine months from the date of injury or illness. If the employee fails to comply with any provisions required by the carrier handling the claim, they will waive their dghts for reinstatement in their open position or any other position. Does this mean that they will get paid for g months? Very unclear. Who determines "disability"- Social Security? Insurance company? What if they're not at MMI? (maximum medical improvement), Is this for temporary disability or permanent disability? Who judges whether they are complying with all provisions of the carrier? What if a provision conflicts with what their medical provider advises them? Leave without Pay A regular full time exempt or regular non-exempt employee may be granted leave of absence without pay for a period not to exceed one (1) year for sickness disability or other good and sufficient reasons. (-I'his conflicts with the above disability leave.) Above its for 9 months and here it is one year. Does this period begin AFTER the 9 month disability leave? If so, is the position held for almost 2 years? What if it is known that the person's not coming back - for example, that individual put in for a leave without pay and then moved away - will the position still be held open? 24 Employees may not be employed elsewhere during this period of time. Such leave shall require the prior approval of the CRA Director and the CRA Board. Employees that are on approved leave of absence without pay will be responsible for paying all their benefits (i.e. insurance, etc.). Employees will not continue to accrue benefits during duration of leave. 6-9 Medical and Dental Insurance The CRA will provide regular full time employees with medical and dental insurance policies comparable to the City of Boynton Beach. The Controller will perform a review for the medical and dental insurance coverage every year and provide the CRA Executive Director and CRA Board with the information to make an informed decision on the selection of medical and dental insurance coverage for the CRA Staff. The CRA will cover the cost for exempt and non-exempt full time employee medical and dental insurances. The CRA employee will cover any additional cost for any additional coverage selected for spouse or children. Employees on approved leaves of absence must pay the non-subsidized rate for all insurances in effect during their absence. 6-10 Retirement All regular full time exempt and non-exempt employees will be eligible to participate in a retirement benefits plan after one year of continuous employment. Each employee will set up his/her own IRA account and then provide that information to the Controller. The CRA will match up to 5% of the employee contribution. The employee will be considered 100% vested after five (5) years. Suggestion: allow the City of Boynton Beach's controller to set up an ICMA 401a. Question, what ,~onstitutes the 5 years - from the time contributions begin, or from the date of hire? If its employee controlled, how can CRA get any of their contributions back if the employee leaves prior to 5 years? City of Boynton Beach Community Redevelopment Agency (CRA) THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVlCE~ CRA RFP No. Audit 2003-1 REQUEST FOR PROPOSAL ISSUING ENTITY: CRA OF BOYNTON BEACH CONTACT PERSON: SUSAN VIELHAUER TELEPHONE NO. (561) 737-3256 FAX NO. (561) 737-3258 April 10, 2003 ADDRESS FOR SUBMITTAL: City of Boynton Beach CRA 639 E. Ocean Ave. Suite 107 Boynton Beach, Florida 33435 RFP SUBMISSION DATE: (Eastern Standard Time) All proposals received will receive a date stamp to provide conclusive proof of the timeliness of filing. All proposals received after the assigned date and time will not be considered. The proposals received on time will be opened publicly and read aloud. The CRA will in no way be responsible for delays caused by the United States Mail or any other delivery service caused by any other occurrence. SPECIFICATIONS FOR THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES PART I - INTRODUCTION 1-1 WORK OBJECTIVE The CRA is soliciting the services of an independent Certified Public AccOunting Firm to provide external independent auditing services to the CRA for a period of three (3) years beginning with an audit of the financial statements of the CRA for the fiscal year ending September 30, 2003. The contract provided by the RFP will include one option to be exercised by the CRA Board to extend the contract for an additional period consisting of two (2) years. These audits are to be performed in accordance with the Generally Accepted Auditing Standards and the standards for financial audits set forth in the U.S. General Accounting Office's (GAO) Government Auditinq Standards, the provisions of the Federal Single Audit Act of 1984, and U.S. Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments, rules of the Auditor General for the State of Florida, and other rules as applicable. 1-2 TERM OF ENGAGEMENT The term of the agreement shall be for the initial period of three (3) years to cover the fiscal years ending September 30, 2003, September 30, 2004, and September 30, 2005, with an option to extend for the fiscal years ending September 30, 2006 and September 30, 2007. PART II - SCOPE OF SERVICES 2-1 SCOPE OF WORK TO BE PERFORMED The CRA desires the Auditor to express an opinion on the fair presentation of the General Financial Statements in conforming to Generally Accepted Accounting Principles. The Auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by Generally Accepted Auditing Standards. 2-2 AUDITING STANDARDS TO BE FOLLOWED To meet the requirements of this Request for Proposal, the audit shall be performed in accordance with: · Generally Accepted Auditing Standards as issued by the American Institute of Certified Public Accountants (AICPA); · Government Auditing Standards, as issued by the U.S. General Accounting Office (1994); · Circular No. A-128, Audits of State and Local Governments, Office of Management and Budget and the provisions of the Single Audit Act of 1984. · Rules of the Auditor General for the State of Florida relating to Section 11.45(3)(a)4 of the Florida Statutes; and Other rules as applicable. REPORTS TO BEISSUED Following the completion of the audit of the fiscal year's financial statements, the Auditor shall issue: A report on the fair presentation of the financial statements in conformity with Generally Accepted Accounting Principles. A report on the internal control structure based on the Auditor's understanding of the control structure and assessment of control risk. A report on compliance with applicable laws and regulations. A management letter required by Section 11.45(3) (a) 4, Florida Statutes. In the required report(s) on internal controls, the Auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the Auditors shall be reported in a separate letter to the CRA Director, which shall be referred to in the report(s) on internal controls. 2-4 2-5 2-6 The report on compliance shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance. Auditors shall be required to make a written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the CRA Controller. Use of the audited financial statements, opinions or any of the above named reports will not result in additional compensation unless their use requires additional certification or services not named in the RFP on the part of the firm hired. SPECIAL CONSIDERATIONS During the contract period the CRA may prepare one or more official statements in connection with the sale of debt securities which will contain the General Financial Statements and the Auditor's report thereon. The Auditor shall be required, if requested by the financial advisor and/or the underwriter, to issue a "consent and citation of expertise" as the Auditor and any necessary "comfort letters". WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS All working papers and reports must be retained at the Auditor's expense for a period of three (3) years after completion of any work provided herein, unless the firm is notified in writing by the CRA as to the need to extend the retention period. The CRA and their representatives shall be entitled at any time during the contract period to inspect and reproduce such documents as deemed necessary. In addition, the CPA Firm shall respond to the reasonable inquiries of successor Auditors and allow successor Auditors to review working papers relating to matters of continuing accounting significance. As requests for copies of working papers are fulfilled, the Auditors will be required to notify the Controller of the request, as appropriate. ADDITIONAL SERVICES If, during the contractual period, additional auditing or accounting services are needed, the CPA Firm may be engaged to perform these services. The CPA Firm shall, upon receipt of a written request from the CRA, perform such additional services. Such services, if offered by the CPA Firm, may include, but not be limited to: · Management advisory services · Extended audit services or special audits Assistance in the preparation of any official statements required by Bond Counsel All additional work will be documented by engagement memoranda to be approved by the CRA Director in accordance with the procurement policies of the CRA. The CPA Firm will be compensated in accordance with fees established as a result of this RFP. The total amount for additional services shall be separately negotiated at the time of the engagement for a not-to-exceed amount calculated in accordance with the rates of the awarded contract. PART III - DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AGENCY 3-1 3-2 3-3 3-4 NAME AND TELEPHONE NUMBER OF CONTACT PERSONS The Auditor's principal contact with the CRA will be Susan Vielhauer, Controller (561) 737-3256. BACKGROUND INFORMATION The CRA serves an area of approximately 6 square miles. The CRA was created under Florida Statue 163.356 in 1982 and has operated as a unit of a local government within the boUndaries of CRA in Boynton Beach. On October 1, 2002 the CRA was given independent status by the City and is controlled by a CRA Board. The CRA Agency consists of the following: Executive Director, Controller and Secretary. BUDGETARY BASIS OF ACCOUNTING The budget of the CRA is prepared on the modified accrual basis. As a result, the General Fund revenue, expenditures and operating transfers reported in the budget and actual statement differ from the amounts reported on the GAAP basis. FUND STRUCTURE The CRA has one general fund type. Number of Number With Individual Legally Adopted Fund Type/Account Group Funds Annual Budgets General Fund 1 1 The CRA has a budget for Fiscal Year ending September 30, 2003 of $6.1 million for general operations, programs and projects. Tax millage rates are 3-5 3-6 3-7 .7600 mills for the General Fund from the City of Boynton Beach and .450mills from Palm Beach County. The CRA has a finance staff of one who is committed to the audit and the timely completion of the Comprehensive Annual Financial Report (CAFR). More detailed information on the CRA and its finances can be found in budget documents, official statements, annual financial reports, and administrative policies and procedures manuals. COMPUTER SYSTEM The CRA operating system is Windows XP with network connection to the City of Boynton Beach. The CRA uses Carillon Financial as the Accounting Software package. EMPLOYEE RETIREMENT PLANS The CRA is currently in the process of developing an employee retirement plan for its employees. AVAILABILITY OF PRIOR AUDIT REPORTS AND WORKING PAPERS Interested CPA Firms who wish to review prior years' Comprehensive Annual Financial Reports (CAFR) and management letters preformed on the CRA as a component unit of the City of Boynton Beach should contact Susan Vielhauer Controller (561) 737-3256. PART 4-1 IV - PROPOSAL REQUIREMENT.~ SUBMISSION OF PROPOSALS The following should be submitted from a proposing CPA Firm to be considered. An original (so marked) and five copies of the CRA Firm's proposal are to be included. Title Page- Title page showing the RFP's subject, the firm's name, addresses and telephone number, the contact's name and phone number, and the date of the proposal. Table of Contents-The table of contents of the proposal should include a clear and complete identification of the materials submitted by section and page number. 4-2 Transmittal Letter- A signed letter of transmittal briefly stating the CPA Firm's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for ninety (90) days. Detailed Proposal-The detailed proposal should follow the order set forth in Section 4-2 of this RFP. Proposals must be submitted in a sealed envelope cleady marked with the name of the audit firm, "Request for Proposal No. Audit 2003-1 Financial Auditing Services". TECHNICALPROPOSAL General Requirements- The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the CPA firms seeking to undertake the independent audit of the CRA in conforming to the requirements of this RFP. The Technical Proposal should demonstrate the qualifications of the CPA firm and of the staff to be assigned to this engagement. It should also specify an audit approach that will meet the RFP requirements. The Technical Proposal should address all of the points outlined in the RFP. The Proposal should provide a straightforward concise description of the CPA Firm's capabilities to satisfy the requirements of the RFP. While additional data may be presented, the following subjects listed below must be included and they represent the criteria against which each proposal will be evaluated. Independence- The firm should provide an affirmative statement that it is independent of the CRA as defined by Generally Accepted Auditing Standards and the U.S. General Accounting Office's Government Auditing Standards. The firm should also describe any professional relationships with CRA Staff or CRA Board Member for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the CRA written notice of any such professional relationships entered into during the period of this agreement. License to Practice in Florida- An affirmative statement should be included that the CPA firm and all assigned key professional staff are properly licensed to practice in Florida. CPA Firm Qualifications and Experience- The CPA Firm should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time or part-time basis. The firm shall also provide information on the results of any federal or state desk review or field review of its audits during the past three-(3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. The firm shall also describe any litigation or proceeding whereby, during the past two years, a court or any administrative agency has ruled against the firm in any manner related to its professional activities. Similar information shall be provided for any current pending litigation Partner, Supervisory and Staff Qualifications and Experience- Identify the principal supervisors and staff, engagement partners and managers who would be assigned to this engagement. Indicate whether each person is registered or licensed to practice as a Certified Public Accountant in Florida. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Indicate how the quality of staff over the term of the agreement will be assured. Similar Engagements with Other Government Entities- For the CPA firm's office that will be assigned responsibility for this audit, list the most significant engagements (maximum - 5) performed in the last five years that are similar to the engagement described in this RFP. Indicate the scope of work, date, engagement partners, and the name and telephone number of the principal client contact. Specific Audit Approach- The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, in developing the work plan, references should be made to such sources of information as the CRA budget, financials and other management information. CPA Firm will be required to provide the following information on their audit approach: Proposed segmentation of the engagement. Level of staff to be assigned to each proposed segment of the engagement. · Sample size and the extent to which statistical sampling is to be used in the engagement. · Extent of use of EDP software in the engagement. · Type and extent of analytical procedures to be used in the engagement. · Approach to be taken to gain and document an understanding of the CRA internal control structure. · Approach to be taken in determining laws and regulations that will be subject to audit test work. · Approach to be taken in drawing audit samples for purposes of tests of compliance. Price Proposal - Submit your signed, firm, fixed fee performance-based price proposal for providing all services, materials, etc., required for completion of services in accordance with your technical proposal. Proposal Copies - Submission of an original (clearly marked) and five photocopies of the proposal should be submitted to the CRA 639 E. Ocean Ave. Suite 107 Boynton Beach, Florida 33435. PART V - EVALUATION OF PROPOSAL-~ 5-1 EVALUATION METHOD AND CRITERIA Proposals will be evaluated in accordance with weighted criteria listed below: Description CPA Firms Expertise-Experience Audit Approach Price Total Point Range 0 - 30 0 - 40 0 - 30 100 5-2 PROCUREMENT SCHEDULE After submission of the CRA Firms RFP's the evaluation committee shall review each RFP and rank them based on the Evaluation Method and Criteria noted within the RFP. Some proposals may be selected for an oral presentation in front of the Evaluation Committee prior to a recommendation being presented to the CRA Board. The Evaluation Committee shall rank three proposals to be presented to the CRA Board for final ranking. If three proposals are not accepted then less than three may be considered. 5-2 FINIAL SELECTION Based on the Evaluation Committee's evaluation and possible oral presentation if desired by the CRA Board, the CRA Board will rank the CPA Firms and authorize negotiations with the CPA Firm ranked the highest. The CRA Board will select the firm that meets the best interests of the CRA. The CRA Board shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The CRA Board decisions will be final. The CPA firm will be selected in a timely manner. Following notification of the firm selected, the CRA will expect a contract to be executed between both parties within thirty (30) days. PART VI - GENERAL CONDITIONS FOR CPA FIRMR 6-1 FAMILIARITY WITH LAWS The CPA Firm is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the audit. A CPA Firm will in no way be relieved from responsibility due to ignorance of all Federal, State and Local laws, ordinances, rules and regulations. 6-2 PROPOSAL FORMS The CPA Firm will submit a proposal with all proposal prices, amounts and descriptive information in a legible format. The CPA Firm must state the price and the time of delivery for the services requested. The CPA Firm is required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All proposals must be executed and submitted in the envelope. The face of the envelope shall contain the company's name and address, RFP title, number, and the date and time of the deadline for submittal of proposals. All proposals are subject to the conditions specified herein and those proposals which do not comply with these conditions are subject to rejection. 6-3 EXECUTION OF PROPOSAL Proposals must contain a manual signature of an authorized representative of the proposed. 6-4 RFP OPENING Proposals shall be opened in public on the date as specified in the RFP it is the CPA Firm's responsibility to assure that the proposal is delivered at the proper time and place. The CRA will in no way be responsible for delays caused by the United States Mail or any other delivery service caused by any other occurrence. ]0 6-5 6-6 6-7 6-8 Proposals which for any reason are not so delivered will not be considered. Proposals by telegram or telephone will not be accepted. RIGHT TO REJECT PROPOSAL The CRA reserves the right to reject any or all proposals and to waive technical errors, or to accept any proposals that are in part deemed as the best responsible CPA Firm which represents the most advantageous proposal to the CRA. In determining the "most advantageous proposal" price and other quantifiable factors will be considered. EVALUATION FACTORS The CRA expressly reserves the right to: Waive any defect, irregularity or informality in any proposal or RFP procedure; Reject or cancel any or all proposals; Reissue RFP Invitation; Extend the RFP opening time and date; Procure any item by other means; Increase or decrease the quantity specified in the RFP Invitation unless the CPA Firm specifies otherwise; Consider and accept an alternate proposal as provided herein when most advantageous to the CRA. RESPONSIBILITY The CRA Board may select the most responsible CPA Firm that is determined to be the most advantageous to the CRA. STANDARDS Factors to be considered in determining whether a CPA Firm is responsible: Availability of appropriate financial, material, equipment, personnel resources and expertise, or the ability to obtain them are necessary to indicate the CPA Firms capability to meet all contractual requirements; A satisfactory record of performance; ]! 6-9 6-9 6-10 6-11 6-12 6-13 · A satisfactory record of integrity; · Qualified legally to Contract within the State of Florida and with the CRA; · Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE CPA Firms must furnish all information requested in the RFP. Further, as may be specified elsewhere, each CPA Firm must submit for evaluation descriptive literature and technical specifications covering the services offered. INTERPRETATIONS Any questions concerning conditions and / or specifications should be directed in writing to the CRA Office no later than five (5) days prior to the RFP opening. CONFLICTS OF INTEREST The award hereunder is subject to all conflict of interest with the CRA. ADDITIONAL QUANTITIES The right is reserved to acquire additional quantities of the services at the prices proposed in this invitation. If additional quantities are not acceptable, the proposal sheets must be noted "PROPOSAL IS FOR SPECIFIED QUANTITY ONLY". SUBCONTRACTING If a CPA Firm subcontracts any portion of this Contract, they must state the name and address of the subcontractor and the name of the person to be contacted on an attached "Schedule of Subcontractors". The CRA reserves the right to accept or reject any or all proposals wherein a subcontractor is named for anyreason. ADDENDA(S) From time to time, the CRA may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda(s) are available to CPA Firm at the CRA Office, it is each CPA's responsibility to check with the CRA office and immediately secure all addenda(s) before submitting proposals. 12 6-14 ESCALATOR CLAUSE Any proposal which is submitted subject to an escalator clause will be rejected. 6-15 EXCEPTIONS Incorporation in a proposal of exceptions to any portion(s), of the Contract documents may invalidate the proposal. Exceptions to any portion of this RFP shall be concisely noted in the CPA Firm's RFP on a separate sheet marked "EXCEPTIONS TO RFP" and this sheet shall be attached to the proposal. 6-16 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CRA Board shall be final and binding on both parties. 6-17 GOVERNMENTAL RESTRICTIONS In the event any governmental restrictions may be imposed which would necessitate alteration of performance of the service offered on this proposal, it shall be the responsibility of the successful CPA Firm to notify the CRA at once, indicating in a letter the specific regulation which required an alteration. The CRA reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract at no expense to the CRA. 6-18 LEGAL REQUIREMENTS Federal, State, County, and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the CPA Firm will in no way be a cause for relief from responsibility. 6-19 ON PUBLIC ENTITY CRIMES All Request for Proposal Invitations as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract or 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 of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 6-20 ADVERTISING In submitting a proposal, the CPA Firm agrees not to use the results there from as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 6-21 ASSIGNMENT Any Purchase Order issued pursuant to this RFP invitation and the moneys which may be come due hereunder are not assignable except with the prior written approval of the CRA. 6-22 LIABILITY The CPA Firm will hold and save the CRA, its Board, its agents, its volunteers and its employees harmless from liability of any kind in the performance of this Contract. 6-23 AWARD OF CONTRACT The Iow monetary proposal will NOT in all cases be awarded the Contract. Contracts will be awarded by the CRA to the best responsible CPA Firm whose proposal represents the most advantageous proposal to the CRA, price and other factors considered. Evaluation of proposals will be made based upon the evaluation factors and standards heretofore set forth. The CRA reserves the right to reject any and all proposals and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any CPA Firm, damages, if any, resulting from an improper award shall be limited to actual proposal preparation costs incurred by the challenging CPA Firm. In no case will the award be made until all necessary investigations have been made into the responsibility of the CPA Firm and the CRA is satisfied that the best responsible CPA Firm is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 6-24 RENEWAL The Controller at the direction of the CRA Board may renew the contract, at the same terms, conditions, and prices, for one additional two (2) year period subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the CRA. ATTACHMENT I SAMPLE AGREEMENT THIS AGREEMENT, entered into this day of, 2003, between the CRA of The City of Boynton Beach, here in after CRA, and ., a , authorized to do business in the State of Florida, hereinafter referred to as the "AUDITOR". 1. SCOPE OF EXAMINATION' The AUDITOR will audit the CRA General Financial Statements in accordance with Generally Accepted Auditing Standards, Section 11.45, Florida Statutes, and Chapter 10.550 of the rule of the Auditor General. The scope of the audit shall include the CRA and all audits now required by State and Federal authorities, including those under the Single Audit Act of 1984 (compliance audits). The financial and compliance audits shall be in accordance with all State and Federal laws and regulations relating to audit standards, requirements and guidelines. 2. TERM: The term of the agreement shall be for the period of three (3) years to cover the fiscal years September 30, 2003, September 30, 2004, and September 30, 2005. This contract can be extended for the optional periods for the fiscal years ending September 30, 2006 and September 30, 2007. 3. TIMING OF THE WORK: AUDITOR shall use reasonable efforts, subject to laws, regulations and professional standards applicable to complete the services required in accordance with dates to assure completion for the Comprehensive Annual Financial Report (CAFR) for meritorious review, but no later than the time allocated by Section 11.45 Florida Statutes and Chapter 10.550 of the rules of the Auditor General. CRA understands that the proper and timely completion of AUDITOR'S services hereunder require the reasonable cooperation of CRA and their agents. CRA agrees to provide all such reasonable cooperation requested by the AUDITOR(S) and agrees to be responsible for the performance of the employees and agents of the CRA. Failure to provide the assistance agreed to by the AUDITOR and CRA at the commencement of or during audit field work SA 1 shall be cause for extension of deadlines and/or additional compensation to the AUDITOR at the average hourly rate stipulated in the contract. AUDITOR may make reasonable use of CRA data processing facilities to perform testing and sampling techniques in connection with the audit, with the realization that data personnel must be given consideration to effectively perform day-to-day requirements. COMPENSATION: Compensation for the audits, as defined in Section 1, shall be $ AUDITOR will invoice the CRA for work performed upon completion of the Audit under this agreement for the duration of the Contract. It is expressly understood that any incidental or out-of-pocket costs incurred by AUDITOR are covered by the total compensation and are not to be billed separately. Invoices received from the AUDITOR pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. CHANGES IN SERVICES: The CRA and the AUDITOR recognize that the scope of services and compensation under this agreement are predicated upon current audit requirements imposed by laws, regulations and professional standards relating to such services. The CRA and the AUDITOR further recognize that the scope of services and compensation under this agreement are predicated upon expectations of reasonable cooperation with the AUDITOR by CRA pursuant to this agreement, and the absence of any irregularities or extraordinary circumstances which might necessitate the extension of audit services beyond the normal scope of auditing services. Should irregularities increase in the level of services required under applicable law, regulations or professional standards, or other unforeseen conditions be encountered which might necessitate the extension of auditing work beyond the scope of normal auditing procedures, the AUDITOR agrees to advise the CRA promptly in writing of the circumstances and to request an equitable adjustment in the maximum fee before significant additional time is incurred by the AUDITOR. Any such requests for adjustments shall be in writing and shall contain a detailed explanation of why the adjustments are necessary. The CRA and the AUDITOR agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should the CRA and the AUDITOR be unable to agree upon an equitable adjustment within 14 days of the AUDITOR'S written request, or such other tie period as agreed upon in writing by SA 2 10. the CRA and the AUDITOR, either party may, notwithstanding any other provision in the agreement, terminate this agreement upon seven (7) days notice to the other party. The CRA shall be liable for time charges actually incurred by the AUDITOR except for any such additional time which has been included as a result of the circumstances necessitating adjustment. The AUDITOR'S rate to be used to determine a price adjustment increase will be based on the agreed average hourly rate of $ for accounting and auditing work. ADDITIONAL SERVICES: In the event that the CRA and the AUDITOR mutually agree that the AUDITOR will provide additional services, the terms and total fee will be negotiated separately for each proposed project. CONSULTATION WITH AUDITOR GENERAL AND COGNIZANT AGENCY: The CRA expressly permits the AUDITOR to consult with the Auditor General of the State of Florida and the federally designated "Cognizant Agency" on any matter pertaining to the Audit which, in the judgment of the AUDITOR, would be important to the conduct of its audit or its report on the results hereof. TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this agreement by the AUDITOR shall act as the execution of truth- in-negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete and current as of the date of this agreement. FIELD WORK: For the first year of the engagement, planning of the audit field work should commence immediately after the execution of this professional services agreement. The AUDITOR shall use reasonable efforts, subject to laws, regulations and professional standards applicable to the services hereunder to complete the field work at such time necessary to meet the timing requirements. PREPARATION OF FINANCIAL STATEMENTS: The statements to be audited will be prepared by Controller in accordance with Generally Accepted Accounting Principles. The AUDITOR will submit any proposed adjusting journal entries to the Controller for approval in a timely manner. SA 3 11. 12. 13. 14. The CRA understands and agrees that the underlying books and records of account must be properly closed as required by Florida Statutes to maintain the independence of the AUDITOR and allow the AUDITOR reasonable time to meet the completion dates of the audit. SUPPORT PERSONNEL: Throughout the audit engagement the Controller will be made available by the CRA to provide assistance for tasks, such as identifying locations of required records and documentation and gathering needed records and supporting information, with the realization that support personnel must be given consideration to effectively perform day-to-day requirements. OPTION TO RENEW: The CRA shall have the option to renew this agreement for one additional two- year period to cover the fiscal years ending September 30, 2006 and September 30, 2007. This agreement shall be extended for the optional period unless the AUDITOR or CRA is informed to the contrary in writing 90 days prior to the end point of any contract year. CANCELLATION OF AGREEMENT: Either the CRA or the AUDITOR may cancel this agreement for fiscal years subsequent to the first year of this agreement by written notice to the other party given not later than seven (7) calendar months (February 28) prior to the end of the fiscal year next subject to audit. The parties agree that such cancellation on its part shall be only for cause and after appropriate discussion with the other party. Notwithstanding the foregoing paragraph of this section, the AUDITOR may resign or the CRA may terminate the AUDITOR as the CRA'S Auditor and terminate this agreement at any time as required in accordance with the laws, regulations and professional standards applicable to the type of services provided under this agreement. EXCUSABLE DELAYS: The AUDITOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the AUDITOR'S control and without its fault or negligence. Such causes may include, but are not limited to: acts of God; the CRA'S omissive and commissive failure; natural or public health emergencies. SA 4 15. 16. 17. 18. 19. CONTINGENT FEES: The AUDITOR warrants that it has not employed or retained any company or person to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other that a bona fide employee working solely for the AUDITOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making the agreement. NON -DISCRIMINATION: The AUDITOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. INDEPENDENT CONSULTANT RELATIONSHIP: The AUDITOR is, and shall be, in the performance of all work services and activities under this agreement, an Independent Contractor, and not an employee, agent, or servant of the CRA. All persons engaged in any of the work or services performed pursuant to this agreement shall, at all times and in all places, be subject to the AUDITOR'S sole direction, supervision and control. The AUDITOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the AUDITOR'S relationship and the relationship of its employees to the CRA shall be that of an Independent Contractor and not as employees or agents of the CRA. The AUDITOR does not have the power or authority to bind the CRA in any promise, agreement or representation other than specifically provided for in this agreement. SEPARABILITY: If any term or provision of this agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. ENTIRETY OF CONTRACTUAL AGREEMENT: The CRA and the AUDITOR agree that this agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms SA 5 20. 21, 22. 23, and conditions contained in this agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. AMENDMENTS AND MODIFICATIONS: No amendments and/or modifications of this agreement shall be valid unless in writing and signed by each of the parties. NOTICE: All notices required in this agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Susan Vielhauer, Controller City of Boynton Beach, Community Redevelopment Agency 639 E. Ocean Ave. Suite 107 Boynton Beach, FI 33435 And if sent to the AUDITOR, shall be mailed to: Firm Contact Address INSURANCE: The AUDITOR shall obtain all insurance required by the CRA as shown on Attachment '6' which becomes a part of this agreement. The insurance must remain in force throughout the terms of this agreement. VENUE: Any disputes arising out of this agreement shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Count of Florida if filed in U.S. Federal Court. SA 6 WHEREFORE, the parties have signed this agreement on the date first above written. AUDITOR: FIRM By: CRA OF BOYNTON BEACH, FLORIDA BY ITS CRA BOARD By: Chairman Witness: Name Witness: SA 7 ATTACHMENT 2 CPA FIRMS ACKNOWLEDGEMENT Submit Proposals To: Susan Vielhauer, Controller City of Boynton Beach, Community Redevelopment Agency 639 E. Ocean Ave. Suite 107 Boynton Beach, FI 33435 Mailing Date (CRA): RFP Title: "THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES" RFP Number: RFP Received By: NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP's will be opened in the CRA Office unless specified otherwise. RFP receiving date and time is scheduled for: , no later than 2:30 P.M. (local time) and may not be withdrawn FOR ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable policies of the CRA and the requirement of state law. Name of Vendor: A Corporation of the State of: Area Code: Mailing Address: CRNState/Zip: Vendor Mailing Date: Telephone Number: Authorized Signature Name Typed TInS PAGE TO BE SLTBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 4 STATEMENT OF CPA FIRM QUALIFICATIONS Each CPA Firm proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each proposal document. Failure to comply with this instruction may be regarded as justification for rejecting the proposal. * attach additional sheets giving the information Name of CPA Firm: Business Address: When Organized: Where Incorporated: How many years have you been engaged in business under the present firm name? Contracts on hand: *GROSS AMOUNT: *(Each Contract) Have you ever failed to complete any work awarded to you? If so, where and why? 10. 11. Have you ever defaulted on a contract? If so, where and why?* Experience in performance of work similar to this project. * Background and experience of principal members of your personnel, including officers. * 12. Credit available. (If requested) THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CPA FIRM'S QUALIFICATIONS continued ...... 13. List all lawsuits (related to similar project(s)) to which you have been a party and which: * 14. Dated at: this __ day of By Name Title Ao B. C. Financial statement. arose from performance: * occurred within the last 4 years: * provides case number and style. * (if requested). * 20 (written signature) (printed or typed) THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 5 NONCOLLUSlON AFFIDAVIT OF PRIME CPA FIRM State of ) County of ) says that: , being first duly sworn, deposes and I am the of Firm (Title) (Name of Corporation or Firm) that has submitted the attached proposal: , the CPA I am fully informed respecting the preparation and contents of the attached prOPosal and of all pertinent circumstances respecting such proposal; Said proposal is genuine and is not a collusive or sham proposal; Further, the said CPA Firm 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 CPA Firm, firm or person to submit a collusive or sham proposal in connection with the Contract for which the attached proposal has been submitted or to refrain from proposing 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 CPA Firm, firm or person to fix the price or prices in the attached proposal or of any other CPA Firm, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other CPA Firm, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the CPA Firm or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of ., 20 My commission expires THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 6 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 proposed will be paid to any employees of the CRA 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 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG W/TH PROPOSAL IN ORDER FOR PACKAGE TO BE CONS/DERED COMPLETE AND ACCEPTABLE I1. II1. IV. ATTACHMENT 7 INSURANCE REQUIREMENTS General Liability The CPA Firm agrees to provide comprehensive General Liability Insurance for the benefit of the CRA with combined single limits of $1,000,000 pre occurrence, combined single limit for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as follows and shall include: Premises or Operation; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage Liability. The CRA and the City of Boynton Beach are to be included as "Additional Insured" with respect to liability arising out of services performed for the CRA by or on behalf of the CRA Firm's or acts or omissions of the CPA Firm in connection with such services. Professional Liability The CPA Firm agrees to provide professional liability insurance for the benefit of the CRA with combined single limits of $1,000,000 per claim and which insures against errors and omissions by the CPA Firm, its sub contractors and other professionals. Worker's Compensation The CPA Firm agrees to provide Worker's Compensation and Employer's Liability Insurance for the benefit of the CPA Firm's employees, if required by law. Indemnification In performing its services hereunder, the CPA Firms will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. It is agreed that the CPA Firm is not a fiduciary of the CRA. The CPA Firm and its officers, directors, employees, agents and consultants, sub contractors shall indemnify and hold harmless the CRA or to anyone claiming by, through or under the CRA or third parties, for any and all IF YOU ARE NOT SUBMITTING A PROPOSAL ON THIS SERVICE, PLEASE V VI VII claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied. Automobile Liability The CPA FIRM agrees to provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits:Bodily Injury - $100,000 each person $300,000 each occurrence Property Damage - $ 50,000 each occurrence Certificates of I nsu rance Before commencing performance of this contract, The CPA FIRM shall furnish the CRA with a duplicate policy of Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) C) D) Name of insurance carrier(s). Effective and expiration dates of policies. 30 days written notice by carrier of any cancellation or material change in any policy. Duplicate Policy or Certificates of Insurance stating that the interests of the CRA are included as an additional named insured, and specifying the Project. Such insurance shall apply despite any insurance which the CRA may carry in its own name. Subcontractor Insurance The CPA FIRM is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other overages that the CPA FIRM may consider necessary, and any deficiency in the overages or policy limits of any subcontractors will be the sole responsibility of the CPA FIRM. IF YOU ARE NOT SUBMITTING A PROPOSAL ON THIS SERVICE, PLEASE COMPLETE THIS FORM AND RETIYRN IT TC~ TI-IF. PI~l~t"~lqa ~l~tE_ 1~!~O A l~'l~n~rlz~,~ Training Seminars Page 1 of 2 Seminars Mark Your Calendars for the... Florida Redevelopment Conference The 2003 Conference will be held October 22-24 in Downtown Tampa at the Hyatt Regencyi A varied program jam packed with how-to, nuts and bolts information is planned, and all persons interested in redevelopment are invited to attend. These educational sessions will address issues faced by elected officials, managers and executive directors, businesses and_communities small and large. No matter where you are with redevelopment plans, this is the redevelopment conference to learn how to do it better and smarter. Members will receive additional information by mail. For further information, contact Christy Carter at 800-616- 1513, extension :[50. Our annual conferences offers stimulating programs spanning the redevelopment spectrum. We enlist experts to address topics that vary from legislation to urban design, from financial mechanisms to street festivals, from innovative joint ventures to political realities. Some sessions feature renowned speakers, while others present panel discussions, and still others get right down to practical how-to's. They are structured on a multi-track, concurrent basis so members can focus on topics of personal interest. Our conferences also offer the opportunity for members to network with the speakers and other redevelopment professionals, which can olten be the most valued experience. Sponsor Exhibitor Kit Sponsor Exhibitor Information