Agenda 10-06-09
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
TUESDAY, OCTOBER 6,2009
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor - At Large
Woodrow Hay
Vice Mayor - District II
Ron Weiland
Commissioner - District I
Jose Rodriguez
Commissioner- District III
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk Visit our Web site
www. boynton-beach. org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC P ARTICIP A TION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually and
which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed
on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a
regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose time
limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the
Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a
motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been
pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3)
minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer
to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down
when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding
officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the
Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day)
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1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance led by Mayor Jerry Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
Approve the proposed monument commemorating "The Korean War".
Announce the receipt of the 2009 Flo Goldman Award by our Nationally Accredited
Senior Center and recognize the Senior Center staff, including center supervisor
Steve lulkin, for the outstanding job they have done making this one of our most
popular and active facilities.
Declare a proclamation for the Month of October as National Arts and Humanities
Month for the City of Boynton Beach
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS Will BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending on
the level of business coming before the City Commission)
5. ADMINISTRATIVE
Accept the resignation of Amber Barritt, an alternate member of the Planning and
Development Board
Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
6. CONSENT AGENDA
Approve the Minutes from the City Commission meeting held on September 14, 2009..
PROPOSED RESOLUTION NO. R09-140 - Approve a "piggyback" to the City of
Pompano's contract with Nalco approved on January 13, 2009 (1-13-09) via Bid H-45-
08 with the same terms, conditions, specifications and pricing. This contract will be
used to purchase anti-scalant (PC-1850T) and control its dosage for the removal of
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solids at the West Water Treatment Plant (WWTP). The annual expenditure is
estimated at $98,000. The City of Pompano Beach complied with public contract bid
requirements equal to or which exceeds Boynton Beach's requirements.
PROPOSED RESOLUTION NO. R09-141 - Support the elimination of the cap on the
State and Local Housing Trust Funds and supporting full appropriation of the housing
trust funds for housing programs.
PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for
State permits for temporary closing of Federal Highway from Boynton Beach
Boulevard south to Woolbright Road for the annual Holiday Parade.
PROPOSED RESOLUTION NO. R09-143 - Approve the Local Agency Program
(LAP) Agreement between the City of Boynton Beach and Florida Department of
Transportation (FDOT) for the construction and construction-engineering-inspection
(CEI) services of the Seacrest Boulevard Roadway Improvements project.
PROPOSED RESOLUTION R09-144 - Approve the Bill of Sale and Utility Easement;
and also to release all surety for the water and sewer systems for the former Eckerds
Pharmacy located at the northwest corner of Boynton Beach Blvd. and US 1 in
Boynton Beach.
Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle
Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank
Replacement Project (project #RP1 001).
PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the
Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment
Installations, Inc. for removal and closure of four (4) existing underground 10,000
gallon diesel and unleaded underground fuel storage tanks, one existing underground
1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at
the Public Works Complex. Work to include installation and start up of a new above
ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2)
300 gallon hydraulic and waste oil tanks. Total project cost with options is
$425,450.00 plus 5% contingency in the amount of $21 ,272.50 and is funded from the
Fleet Maintenance Division account #501-2516-519-6325 (project #RP1 001).
PROPOSED RESOLUTION NO. R09-146 - Authorize the execution and payment of
the annual service agreement between Motorola and the City of Boynton Beach in the
amount of $138,676.32.
Approve participation in the State of Florida Department of Management Services
Fuel Card Program (#973-163-06-1) for emergency use only. The State Contract
complied with Public Contract bid requirements equal to or which exceeds Boynton
Beach's requirements..
Approve settlement of claim for costs associated with the connection of public sewer
system to 815 Bamboo Lane.
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Authorize the reallocation of $1,500 from Boynton Isles to the Jayne E. Miller Nursing
Scholarship Fund from Commissioner Rodriguez's Community Investment Fund.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
8. PUBLIC HEARING
7 P.M. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as Local Plan
ning Agency and City Commission
9. CITY MANAGER'S REPORT
Provide direction to staff regarding banners and decorations for the upcoming holiday
season.
10. FUTURE AGENDA ITEMS
11. NEW BUSINESS
Discussion of a process and procedure for appointing a new seven member CRA
Board. This item is placed on the agenda at the request of Commissioner Rodriguez.
Discussion of status of proposed Green Market at Boynton Beach Mall.
12. LEGAL
13. UNFINISHED BUSINESS
14. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE
WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
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 PAM
WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
AGENDA 10/1/09
\ \APps3\AUTO \DA TA \36\AGENDAS \ CITYCOMMISSION MEETING _BACKU P. DOC
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
i:8J ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Approve the proposed monument commemorating "The
Korean War".
EXPLANA TION OF REQUEST: The Boynton Veterans Council is offering to fund this monument to be
placed at the Veterans Memorial at Bicentennial Park. The Boynton Beach Veterans' Advisory
Commission voted on September 9,2009, to recommend that the City Commission accept this
monument for placement at Bicentennial Park. All costs are to be borne by the Boynton Veterans'
Council.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Recreation & Parks Department will be
authorized to site the monument as there are other monuments located within the Park. The Boynton
Veterans' Council will be required to provide a signed and sealed drawing of the foundation which will
need to be submitted to the Permitting offices for approval. The Boynton Veterans' Council will also be
required to provide a signed and sealed report from an engineer affirming that the monument will
withstand the required wind load, which must be submitted in conjunction with the foundation permit
application. These requirements have been noted to and accepted by the Co-Chair of the Boynton
Veterans' Council.
FISCAL IMPACT: The Boynton Veterans' Council has agreed to fund this project at no cost to the
City.
AL TERNA TIVES: Reject the offer of the Boynton Veterans' Council.
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
i:8J ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Announce the receipt of the 2009 Flo Goldman Award by
our Nationally Accredited Senior Center and recognize the Senior Center staff, including center
supervisor Steve Lulkin, for the outstanding job they have done making this one of our most popular and
active facilities.
EXPLANA TION OF REQUEST: Each year, the Florida Association of Senior Centers recognizes a
member organization for distinguished service in the field of Senior Center services. This award
recognizes the quality of the programs and services offered to seniors in our community. Flo Goldman
was an advocate and passionate leader of senior services. She set the standard for excellence in the
development and promotion of Senior Centers throughout the State of Florida. She created a network of
state leaders in senior services and was the first president of the Florida Association of Senior Centers.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES: This award further recognizes the excellent
services provided by the Sf. Center. We anticipate that this type of recognition will improve the center's
ability to attract sponsors and other potential funding sources, such as grants and foundations.
FISCAL IMPACT: n/a
AL TERNATIVES: n/a
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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 1 0-06-2009
i:8J ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Declare a proclamation for the Month of October as
National Arts and Humanities Month for the City of Boynton Beach
EXPLANA TION OF REQUEST: The month of October has been recognized as National Arts and Humanities
Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities,
counties, and states through their local and state agencies and representing thousands of cultural organizations,
have celebrated the value and importance of culture in the lives of Americans and the health of thriving
communities during National Arts and Humanities Month. In October 2005, the City of Boynton Beach adopted
an Art in Public Places Program and supports the program through the guidance and authority ofthe Arts
Commission, which has consistently recognized the importance of this industry. Barbara Ready, Arts Commission
Chair, will accept the declared proclamation.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise awareness of Arts
and Culture in the City of Boynton Beach.
FISCAL IMPACT: None
AL TERNATIVES: Not to declare a proclamation for the Month of October as National Arts and Humanities
Month for the City of Boynton Beach.
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I I
I PROCLAMA TION I
i
I
,
The month of October has been recognized as National Arts and Humanities Month by
thousands of arts and cultural organizations, communities and states throughout the country,
as well as by the '.\ihite House, and for more than two decades.
I
I The arts and humanities afIect every aspect of life in America today, including the economy,
social problem solving, job creation, education, creativity and community livability.
I
Cities, counties, and states through their local and state agencies and representing thousands
of cultural organizations, have celebrated the value and importance of culture in the lives of
/\mericans and the health of thriving communities during National Arts and Humanities
Month.
The mis industry in Palm Beach County, represented by cultural organizations and that
participated in the Americans for the Arts Economic Prosperity Study III, strengthens our
local economy by generating $209.] million in economic impact and supported 4,812 full
tilne equivalent jobs in one year alone.
Those same pmiicipants provided public financial support by generating more than $9.8
million in local taxes and $9.6 million in state taxes.
Since October 5, 2005, the City of Boynton Beach adoptcd and supports its Ari in Public
Places program and through the guidance and authority of the Arts Commission has
consistently rccognizcd the importance of this industry.
Now, therefore, 1, JelTY Taylor, by virtuc ofthc authority vested in me as Mayor of the City
of Boynton Beach, Florida, proclaim the month of October as:
"National Arts and Humanities Month"
in Boynton Beach and urge that citizens participate and celebrate the arts and humanities.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida to be affixed at Boynton Beach, Florida, the 6th day of October two
thousand and nine.
Jerry Taylor, Mayor
ATTEST: City of Boynton Beach
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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Submitted by Debby Coles-Dobay, Public Art Administrator ext 6026
PROCLAMATION
City of Boynton Beach, Florida
DECLARING THE MONTH OF OCTOBER, 2009 AS NATIONAL ARTS AND HUMANITIES
MONTH IN THE CITY OF BOYNTON BEACH
The month of October has been recognized as National Arts and Humanities Month by thou-
sands of arts and cultural organizations, communities and states throughout the country, as
well as by the White House and for more than two decades, and:
The arts and humanities affect every aspect of life in America today, including the economy,
social problem solving, job creation, education, creativity and community livability, and:
Cities, counties, and states through their local and state agencies and representing thousands
of cultural organizations, have celebrated the value and importance of culture in the lives of
Americans and the health of thriving communities during National Arts and Humanities Month,
and:
The arts industry in Palm Beach County, represented by cultural organizations and that partici-
pated in the Americans for the Arts Economic Prosperity Study III, strengthens our local econ-
omy by generating $209.1 million in economic impact and supported 4,812 full time equivalent
jobs in one year alone, and:
Those same participants provided public financial support by generating more than $9.8 million
in local taxes and $9.6 million in state taxes. and:
Since October 5, 2005, the City of Boynton Beach adopted and supports its Art in Public
Places program and through the guidance and authority of the Arts Commission has consis-
tently recognized the importance of this industry.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, proclaim the month of October as:
"National Arts and Humanities Month"
in Boynton Beach and urge that citizens participate and celebrate the arts and humanities.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida to be affixed at Boynton Beach, Florida, the 6th day of October two thousand
and nine.
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5. A
ADMINISTRATIVE
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
i:8J ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of Amber Barritt, an altemate
member of the Planning and Development Board
EXPLANATION OF REQUEST: Amber Barritt has submitted a letter of resignation stating her
reason as absences.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Planning and Development Board will
have only one alternate.
FISCAL IMPACT: None
AL TERNATIVES: Allow Ms. Barritt to continue to serve on the Board.
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2 Crossing Circle #E
Boynton Beach, Florida 33435
September 1, 2009
Mr. Michael Rumpf
Planning and Zoning Director
City of Boynton Beach
100 Boynton Beach Blvd
P.O. Box 310
Boynton Beach, Florida 33425-0310
Dear Mike,
I want to thank you and the Planning and Zoning Department for the opportunity to work
together on the Planning and Development Board. As you are aware, I have missed three
meetings to date for various work and personal conflicts. With the rescheduling of the
September board meeting, I am unable to make the new meeting date as I will be traveling out
of state. This would then be my fourth meeting absence. Unfortunately, the City ordinance
requires removal of any Board member who misses more than three meetings regardless of
whether the meeting was rescheduled. Therefore, I no longer will be able to serve on the
Board. I have enjoyed my time on the Planning and Development Board. Please extend my best
wishes to all of the members of your staff as well as the rest of the Board members. I hope to
work with all of you again in the future to help foster the growth and continual improvement of
the City of Boynton Beach.
Very truly yours,
Amber M. Barritt
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5. B
ADMINISTRATIVE
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
i:8J ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in
vacant positions on City advisory boards.
EXPLANATION OF REQUEST: The attached list contains the names of those who have
applied for vacancies on the various advisory boards. Vacancies on the boards are
listed in the agenda along with the designated Commission member having
responsibility for the appointment to fill the vacancy.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The boards listed will not be full
boards and may compromise the efficiency of the individual board.
FISCAL IMPACT: None
AL TERNA TIVES: Allow the vacancy to remain unfilled.
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Appointment Length of Term
To Be Made Boa rd Exoi ration Date
I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2)
II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09
I Weiland Cemetery Board Alt 1 yr term to 12/09 (Tabled 3)
II Hay Cemetery Board Reg 3 yr term to 12/09
II Hay Code Compliance Board Alt 1 yr term to 12/09 (Tabled 3)
Mayor Taylor Community Relations Bd. Alt 1 yr term to 12/10
I Weiland Community Relations Bd. Alt 1 yr term to 12/10
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 2)
Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 2)
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 2)
IV Ross Library Board Alt 1 yr term to 12/09
III Rodriguez Library Board Alt 1 yr term to 12/09 (Tabled 2)
II Hay Recreation & Parks Adv. Bd. Alt 1 yr term to 12/09
III Rodriguez Recreation & Parks Adv. Bd. Alt. 1 yr term to 12/09
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Last Name First 1st Choice 2nd Choice 3rd Choice
Name
Anton Steve Arts Com
Farrington John Veterans
Commission
McVey Jack Recreation &
(See NOTE) Parks
*Scantlan Don Veterans
Commission
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy
arises.
S:\CC\WP\BOARDS\APPMENTS\Board Year 2009\Applicants Eligible for Appointment 1O-06-09.doc
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6. A
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meeting
held on September 14,2009..
EXPLANATION OF REQUEST: The City Commission met on September 14,2009 and minutes
were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida
Statutes provide that minutes of all Commission meetings be prepared, approved and
maintained in the records of the City of Boynton Beach.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken
by the City Commission will be maintained as a permanent record.
FISCAL IMPACT: N/A
AL TERNA TIVES: N/ A
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6. B
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-140 -Approve a
"piggyback" to the City of Pompano's contract with Nalco approved on January 13, 2009 (1-13-09) via
Bid H-45-08 with the same terms, conditions, specifications and pricing. This contract will be used to
purchase anti-scalant (PC-1850T) and control its dosage for the removal of solids at the West Water
Treatment Plant 0MNTP). The annual expenditure is estimated at $98,000. The City of Pompano Beach
complied with public contract bid requirements equal to or which exceeds Boynton Beach's
requirements.
EXPLANATION OF REQUEST: : In membrane treatment processes, as utilized at the WWTP, removal of
solids from the raw water also results in deposition of those very solids on the membrane surfaces. This
results in ineffective membranes and so, to counteract this, anti-scalants are used to keep the solids in
solution while being removed. Currently, the WWTP relies on sulfuric acid to reduce plating of the
membranes. The cost of sulfuric acid is based on a surcharge linked to the price of oil resulting in a cost
increase from $0.06/lb to $0.15/lb between 2008 and 2009 (current cost is about $0.09/lb). If oil prices
rise as forecasted, sulfuric acid costs will increase once more. Other criteria utilized in this
recommendation were:
(i) documented local usage of the anti-scalant with reduced or no acid usage:
The Cities of Plantation, Miramar, Hallandale, Fort Lauderdale and Pompano all use or are
testing the anti-scalant. The City of Plantation has used the product for more than ten (10)
years with no sulfuric acid usage.
(ii) documented usage on similar source water:
The City of Pompano has water chemistry very similar to that of the WWTP and tested the
PC-1850T product for more than six (6) months, slowly reducing sulfuric acid usage to zero,
with very good results. They have realized a savings of $150,000 thus far.
(iii) real-time monitoring and control of the anti-scalant dosage:
Other anti -scalant companies recommend monitoring the flow of product via a flowmeter but a line
breakage or blockage would not be detected until it was too late, resulting in damaged membranes or
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loss of product. The fluorescence ofNalco's anti-scalants is measured by special equipment which
detects the presence and amount of anti-scalant in the source water.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continuing the use of sulfuric acid will protect
the membranes from plating but at a very significant cost. Utilizing Nalco anti-scalants will reduce
sulfuric acid costs and minimize safety hazards by reducing the volume stored on site due to lower
usage.
FISCAL IMPACT:
Percent Acid Reduction 67%1 80%1 90%
Acid Usage
Feed pH 7.25 7.25 7.25
Proposed pH 6.7 6.9 7
Estimated Cost per Ib of acid $ 0.09 $ 0.09 $ 0.09
Current Estimated Annual Acid Cost $ 322,717.58 $ 322,71 7.58 $322,717.58
Proposed Estimated Annual Acid Cost $106,496.80 $ 64,543.52 $ 32,271.76
PC-1850T
Dosage of 1850T (ppm) 1.80 2.00 2.20
Tote Cost per Ib ofPC-1850T $ 1.49 $ 1.49 $ 1.49
Annual ProQram Cost - PC-1850T - Totes $ 76,840.25 $ 85,378.05 $ 93,91 5.86
Annual SavinQs wit h. PC-1850T .in totes $ .139,380.53 $172,796.01 $196,529.96
Bulk Cost per Ib of PC-1850T $ 1.39 $ 1.39 $ 1.39
Annual Program Cost - PC-1850T - Bulk $ 71 ,683.18 $ 87,183.02 $ 97,439.85
Annual Savings with. PC-1850T. in. Bulk $ .144,537.59 $.178,526.08 $202,833.04
AL TERNATIVES: The City of Boynton Beach could issue its own bid or look for other contracts to
utilize. However, this may lead to acid substitution at a significantly higher cost.
- 23 -
RESOLUTION NO. R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
"PIGGY-BACK" OF A CITY OF POMPANO BEACH
CONTRACT BID #H-45-08 WITH NALCO COMPANY OF
NAPERVILLE, ILLINOIS, FOR THE PURCHASE OF ANTI-
SCALANT; AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, City staff has confirmed that the City of Pompano Beach has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements;
and
WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" a City of
Pompano Beach Contract Bid #H-45-08 and authorizes the Mayor and City Clerk to sign a Contract
with NALCO Company of N aperville, Illinois for the purchase of anti -scalant for the West Water
Treatment Plant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
"piggy-back" of a City of Pompano Beach Contract Bid #H-45-08 and authorizes the Mayor and
City Clerk to sign a Contract with NALCO Company of Naperville, Illinois for purchase of anti-
scalant for use at the West Water Treatment Plant, a copy of the Agreement is attached hereto as
Exhibit "A".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this day of October, 2009.
- 24-
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 25 -
CONTRACT FOR THE PURCHASE OF ANTI-SCALANT
This Agreement is made as of this _ day of , 2009 by and between NALCO
COMP ANY, of Naperville, Illinois, a foreign corporation authorized to do business in the State of
Florida, with offices at 1601 West Diehl Road, Naperville, Illinois 60563-1198 ("NALCO"), and THE
CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at I 00 East Boynton
Beach Boulevard, Boynton Beach, FL 33435 (the "City").
RECITALS
WHEREAS, NALCO, submitted a letter proposal dated August 29, 2009 to the City for the
purchase of anti-scalant by the City for an annual expenditure of $98,000.00 at prices, terms and
conditions based on City of Pompano Beach Contract Bid #H-45-08; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and NALCO, agree that NALCO shall provide anti-scalant to the City
pursuant to NALCO'S letter proposal dated August 29,2009 and incorporating the terms and conditions
for performance as set forth in City of Pompano Beach Contract Bid #H-45-08, a copy of which is
attached hereto as Exhibit "A", except as hereinafter provided:
A. All references to the City of Pompano Beach shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Copy: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The letter proposal from NALCO dated August 29,2009, is attached hereto Exhibit "B".
Section 3. In the event that the City of Pompano Beach Contract is amended, or terminated,
NALCO shall notify the City within ten (10) days. In the event the City of Pompano Beach Contract is
- 26-
amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not
be deemed amended or terminated, until specifically amended or terminated by the parties hereto.
Section 4. The NALCO agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more favorable than the
terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Pompano Beach
Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by
their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Jerry Taylor, Mayor
City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
NALCO COMPANY
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
- 27-
EXHIBIT A
AGREEMENT BETWEEN CITY OF POMPANO BEACH
AND NALCO COMPANY
- 28 -
N NALCO
Nalco Company
Municipal - ICG
1601 West Diehl Road
Naperville, IL 60563-1198
August 29th 2009
City of Boynton Beach Utilities Dept.
Attn: Bevis Pigott, Division Manager, Water Quality and Treatment
124 E. Woolbright Rd
Boynton Beach, FL 33435
Mr. Pigott,
Please accept this letter as evidence that Nalco Company approves of the use of our
PC-1850T for thc City of Boynton Beach under the same terms and conditions as
provided in bid H-45-08 with the City of Pompano Beach.
Sincerely,
Patrick St. Jules
Inside Sales
Nalco Company
- 29-
.
r,'<\.,
-::. '. ,'.'
." .^
.. ".
.",C. ..K"..'
. .
<!Il
Phone: (954) 545-7016 City of Pompano Beach Fax: (954)545-7046
UTILITIES TREATMENT PLANT
MEMORANDUM NO. 09-07
DATE: December 8,2008 RECEIVED
TO: Leela Hardin, General Services Director AUG 1 4 2009
VIA: A. Randolph Brown, Utilities Director BOYNTON BEACH UT/llF~f'
=, ,."j
FROM: Don Bayler, Utilities Treatment Plants Superintendent
SUBJECT: Recommendation to Purchase Antiscalant
ISSUE:
The City of Pompano Beach, Utilities Department requires anti-sealant for the membrane
treatment process to ensure the removed dissolved solids (concentrate) does not plate out onto
the membranes making the membranes ineffective. Presently the Utilities Department uses a
combination of sulfuric acid and an anti-sealant to reduce plating of the membranes. This past
year the cost of sulfuric acid has increased five (5) fold from $65.00Iton to $303,00/ton. At the
time the Commission awarded the sulfuric acid bid, the Utilities Department stated they were
investigating other options in lieu of using sulfuric acid. The anti-sealant bid proposal before the
City Commission will reduce the need of using sulfuric acid by 75% or more, and will continually
monitor and control the anti-scalant dosage in the source water going to the membrane
treatment units, further protecting the expensive membranes.
EXPLANATION:
Three (3) vendors submitted written bid proposals to the City's Purchasing Department for an
annual contract to purchase anti-sealant. The bid specifications have several special conditions
all of which are important, three (3) of which are critical. The three critical special conditions are;
localized testing of the product with reduced or no sulfuric acid, the anti-sealant's physical and
chemical properties and the monitoring and control equipment needed to protect the
membranes should the anti-scalant fail to feed properly. The three critical special conditions are
discussed as follows:
Local testing of the product with reduced or no sulfuric acid:
Only the Nalco Company product has been tested locally with reduced or no acid. The Utilities
that use or are testing this product are the Cities of Plantation, Miramar, Hallandale and Fort
Lauderdale. Furthermore, it is very significant that the City of Plantation has used this product
for more than ten (10) years without the need to use sulfuric acid. All of these Utilities' source
waters are similar to the City of Pompano Beach's source water. More importantly, using a two
stage membrane testing unit the Utilities Department has tested this product for more than six
(6) months, slowly reducing the sulfuric acid to zero, with very good results.
G:\wat<lr PlannMEMOS'2009l09-<l7.doc
- 30 -
The physical and chemical properties of the product:
All vendors submitted a material safety data sheet (MSDS) summarizing their anti-sealant
physical and chemical properties. Only the Nalco product complies WITh the special conditions.
The Nalco product is a base product, above a pH of 7. The other two products submitted are
acids, below a pH of 7. Furthermore, the other products have a lower specific gravity and the
product vendors recommend a higher dosage requirement.
The monitoring and control equipment to protect the membranes:
Only the Nalco product has the ability to protect the membranes by monitoring and controlling
the actual dosage of the anti-sealant going to the membrane treatment units. The other
manufactures recommend monitoring the flow of the anti-sealant leaving the metering pump(s).
This method of monitoring, should a break or blockage occur in the anti-sealant feed line may
not be detected quickly enough to protect the membranes. The anti-sealant would not feed to
the source water going to the membrane treatment units substantially increasing the potential of
damaging the valuable membranes.
Based on the information received in the bid packages there is only one product that meets the
bid package special conditions, and that is the Nalco Company 1850T anti-sealant.
Be advised the Utilities Department has a two (2) stage membrane test skid and the Department
encourages product testing. More product approvals allow for more competitive pricing.
Recommendation:
Based on the above product summary review and the attached "Product Comparison and
Specification Compliance Chart" there is only one responsive bidder, and that is the Nalco
Company with the 1850T anti-sealant. While product pricing is higher than the previous anti-
scalant bid ($0.62/lbs vs. $1.19/lbs) the required dosage is almost halved (4mg/L vs. 2.5mg/L)
effectively costing the Utilities Department about the same. Additionally, there is a reduction in
the use of sulfuric acid by at least 75%, saving the Department approximately $210,500.00
annually.
The Utilities Department recommends awarding Nalco Company as the Utilities Department's
supplier of anti-scalant as addressed in Bid No. H-45-08. The estimated annual cost for the anti-
sealant is $80,000.00. Funding is available in the water treatment plant chemical account,
number 412-3320-533-52-05.
G:\W~ter P~""nt\M.EMOS\2009\Og.Q7,dtJc
- 31 -
1'11/14/201'19 13: 19 954786416B COPB PURCHASING PAGE 02/02
. City of Pompano Beach, Purchasi,ng Division '1In'1Fl$lMlRfllll1lh
( 1II..~4
1190 N.E. 3rd Avenue, Building C IlIHMfCIIIlr
, , III.'
Pompano Beach, Florida, 33060
1005
January 14,2009
Patrick St Jules, Inside Sales Rep,
Naleo Company
1601 W. Diehl Rd.
Napervitle, IL 605"63
Via Facsimile (630) 305-2646
Dear Mr. St. Jules,
The City Commissi011, at their Janus'ty 13 meeting, agenda item #1, approved award ofa contract to your
company for the following:
Bid H-45-08, Antisca1ant
The contract period shall be one year, through January 12, 2010. The City will place orders for
antiscalant as needed at the unit price bid throughout the contract period. The specifications, tenns, and
\ conditions of the Bid shall remain firm for thc initial contract period, and any renewal period. Contract
\ renewal may be made as per the terms contained in the bid document.
As required by the Bid specifications, plc:.ase f(ltWlI.Td current insurance certificates to tile Purchasing
office within ten (10) days ofr<<:eipt of this letter. I have enclosed a copy of the Insurance section from
the Bid for your reference. Please have your insurance agent fax copies of the certificate(s) to tbe
Purchasing office at (95"4) 786-4168, and mail the CUr;er.lt certi.ficatc(s) to City of Pompano Beach,
Attention Risk Mana~l 100 West Atlantic Boulevard. Pompano Beach, Florida, 33060.
After the insurance certificate has been approved by the Risk Manllger a P\lrehase Order will be issued
for the project.
If you have questions regarding the terms of the contract, please telephone me at (954) 786-4098. Thank
you.
Very truly yours,
~(Hcuu9-:
Leeta Hardin
General Services Director
end OSU1'e t&~
cc; Don Bay1er, Utilities
( file
- 32 -
. ,::",;~ . :-,;,:'::! ,:~"':,,,~'\.,j..,/7.
N NALCO Engineering Service Department
( Graphic Report Form
'. Company
Date
Address
City State Zip
Subject COAlC.LA/JlCA/t(}7fJ //zECdWrZY C'f1<-C . By
/ /
)0 c 4 L.C viA ;'"'"C /?Cc:-ovlEa/ UDN'C- -/7eF(.S~
(2) 5i-1c.ffZJ1CrC r- c-env Tv I (LcJ;lj)M~~
o /lIE co7[f) ;/c IRsv'! U::Y:;'4d~
(J;; jN-JE c ;- /k'o -;)tJO <:-.C @F C(f'-NC~.re
/AJ)O CELL
(l) ;2 €-co-/t.LJ C:ff7f./cff~ jJ c - I&-:S(j 1 uos..-.tee
~tJ 'I:' CCcr0
yo s-A C!f' C ~-5E.d)
(ff) CkLC()L~ .. O:J AX- f:;jJf fZI+ 77 DtU Plk-7n(L
"'I Dt fit DI tJ G-- CoAJL6J7i2A-rf; D05A-6 b-
By p-ee-() f] ()~ !tt; G (CF)
(l;J !2:-t;(-OJet2i z:- cp-/
~
cF .-
(
NOTE: Drawings should show dimensions clearly
and accurately at all pertil1en1 points. Nalco Company
FOrm '48 (2.Q4) 1601 West Diehl Road. Naperville, IL 60563-1198
- 33 -
Mee~~~~ C (J1A ;tfPfbue::D 1-/;-07
1/13/09 Agenda Item
REQUESTED COMMISSION ACTION:
I , Consent Ordinance Resolution Consideration/D is cuss ion _ Workshop
\
~ - -
SHORT TITLE Approval to award Bid H-45-08, Antiscalant, to the low responsive bidder, Nalco Company,
for an annual open-end contract, at an estimated cost of $80,000.00 per year, to be paid
for from the Water Treatment budget.
Summary of Purpose and Why:
Bid H-45-08 was issued to establish an annual, open-end contract for the purchase of antiscalant chemical,
as needed, for use in the Water Treatment Plant. Bid award is recommended to the lowest bidder
complying with specifications, Nalco Company, at the unit price bid. The contract period is one year,
commencing upon award, with contr~ct renewal possible as stated in the bid specifications. Based on the
estimated quantity of chemical required, and the unit price submitted by the recommended bidder, annual
expenditures may total $80,000.00. City Commission approval of this contract award is requested.
(1) Origin of request for this action: Staff .
(2) Primary staff contact:: A. Randolph Brown, Utilities Director 954 545-7044
3) Expiration of cqntract, if applicable: see above
(4) FIscal impact and source of funding: As needed, from budgeted funds in account 412-3320-533.52-05,
Utilities Fund/Water Treatment/Chemicals.
DEPARTMENTAL DEPARTMENTAL DEPARTMENTAL HEAD SIGNATURE
COORDINATION DATE RECOMMENDATION
Utilities
General Services i'L'., I /6"6 CGP+A~ ~~ ?i~&:
Budget
Finance
_ Advisory Board
L City Manager
ACTION TAKEN BY COMMISSION:
Ordinance Resolution Consideration
Workshop
1s1 Reading 1st Reading Results: Results:
\ ,1d Reading
COpy
I
- 34 -
MEMORANDUM
Pi.1rchasing #09-027
December 31, 2008
To: Keith Chadwell, City Manager
From: Leeta Hardin, General Services Director ~~
Subject: Award Bid H-45-08, Antiscalant
Contract Need/Bacbrround
Bid H-45-08 was issued to establish an annual, open-end contract for the purchase of
antiscalant, as needed, to be used at the water treatment plant. The Utilities Director
recommends the contract be awarded to Nalco Company, the lowest bidder meeting
specifications, as detailed in the attached memorandum.
Attached you will find copies of the memorandum and bid award recommendation form'
submitted by the Utilities Department, the bid tabulation, and bid solicitation document.
Also attached are memoranda from the Utilities Department and the City Attorney's
Office regarding the indenurification clause applicable to this bid award, and the letter (
from the recommended bidder, Nako, agreeing to the clause,
Bidders List
The Bidders List was created by using companies suggested by the requesting
department, companies that have responded to prior bids, companies that have requested
their names be placed on the Bid List, and companies from appropriate listings in other
source books,
Number of firms obtaining the solicitation 15
Number affirms submitting responsive bids 3
Advertising
The Bid was advertised in the Sun Sentinel, and 'notices were sent to bid notice agencies
throughout the nation. Bid notices are also posted on the City's web page,
Funding
The annual value of this contract, based on the unit price from the recommended bidder,
and the estimated quantity of chemical to be used annually, may tptal $80,000.00.
Antiscalant will be ordered, as needed, from budgeted funds in account 412-3320-533.52-
05 Utilities Fund/Water Treatment/Chemicals.
.. "
':f
I
- 35 -
Purchasing #09-027
I Page 2
December 31,2008
A ward Recommendation
It is recommended that a one-year contract award be made to the low responsive bidder,
Nalco Company, at the unit price bid tract period VlI111 be one (1) year,
commencing upon award, wi ossible renew , subject to the terms and conditions
contained in the bid specifications.
IIh
enclosures
cc: file
(
(
- 36 -
.
Phone: (954) 545-7016 City of Pompano Beach Fax: (954) 545-7046
UTILITIES TREATMENT PLANT
MEMORANDUM NO. 09-07
DATE: December 8,2008
TO: Leeta Hardin, General Services Direct~
VIA:
A. Randolph Brown, Utilities Director
FROM: Don Bayler, Utilities Treatment Plants superintende~ -,.
SUBJECT: Recommendation to Purchase Antiscalant
ISSUE:
The City of Pompano Beach, Utilities Department requires anti-scalant for the membrane
treatment process to ensure the removed dissolved solids (concentrate) does not plate out onto
the membranes making the membranes ineffective. Presently the Utilities Department uses a
combination of sulfuric acid and an anti-sealant to reduce plating of the membranes. This past (
year the cost of sulfuric acid has increased five (5) fold from $65.00/ton to $303.00/ton. At the
time the Commission awarded the sulfuric acid bid, the Utilities Department stated they were
investigating other options in lieu at-using sulfuric acid. The anti-sealant bid proposal before the
City Commission will reduce the need of using sulfuric acid by 75% or more, and will continually
monitor and control the anti-scalant dosage in the source water going to the membrane
treatment units, further protecting the expensive membranes.
EXPLANATION:
Three (3) vendors submitted written bid proposals to the City's Purchasing Department for an
annual contract to purchase anti-sealant. The bid specifications have several special conditions
all of which are important, three (3) of which are critical. The three critical special conditions are;
localized testing of the product with reduced or no sulfuric acid, the anti-scala nt's physical and
chemical properties and the monitoring and control equipment needed to protect the
membranes should the anti-sealant fail to feed properly. The three critical special conditions ar~ ,; lJi
discussed as follows: ~ ,~l~l'.r
. ,," '\ rfJ'
L I . .d ,ift ~)\
oca testing of the product with reduced or no sulfuric aCI:' .
Only the Nalco Company product has been tested locally with reduced orno acid. The Utilities
that use or are testing this product are the Cities of Plantation, Miramar, Hallandale and Fort
Lauderdale. Furthermore, it is very significant that the City of Plantation has used this product
for more than ten (10) years without the need to use sulfuric acid. All of these Utillties' source
waters are similar to the City of Pompano Beach's source water. More importantly, using a two
stage membrane testing unit the Utilities Department has tested this product for more than six
(6) months, slowly reducing the sulfuric acid to zero, with very good results.
G:\Witer PlantlMEMOS\2009\09-07.doc
,
- 37 -
( The physical and chemical properties of the product:
All vendors submitted a material safety data sheet (MSDS) summarizing their anti-scalant
physical and chemical properties. Only the Nalco product complies WITh the special conditions.
The Nalco product is a base product, above a pH of 7. The other two products submitted are
acids, below a pH of 7. Furthermore, the other products have a lower specific gravity and the
product vendors recommend a higher dosage requirement.
The monitoring and control equipment to protect the membranes:
Only the Nalco product has the ability to protect the membranes by monitoring and controlling
the actual dosage of the anti-sealant going to the membrane treatment units. The other
manufactures recommend monitoring the flow of the anti-scalant leaving the metering pump(s).
This method of monitoring, should a break or blockage occur in the anti-sealant feed line may
not be detected quickly enough to protect the membranes. The anti-sealant would not feed to
the source water going to the membrane treatment units substantially increasing the potential of
damaging the valuable membranes.
"
Based on the information received in the bid packages there is only one product that meets the
bid package special conditions, and that is the Nalco Company 1850T anti-sealant.
Be advised the Utilities Department has a two (2) stage membrane test skid and the Department
encourages product testing. More product approvals allow for more competitive pricing.
Recommendation:
Based on the above product summary review and the attached "Product Comparison and
Specification Compliance Chart" there is only one responsive bidder, and that is the Nalco
Company with the 1850T anti-sealant. While product pricing is higher than the previous anti-
sealant bid ($0.62/lbs vs. $1.19/lbs) the required dosage is almost halved (4mg/L vs. 2.5mg/L)
effectively costing the Utilities Department about the same. Additionally,'there is a reduction in
the use of sulfuric acid by at least 75%, saving the Department approximately $210,500.00
annually.
The Utilities Department recommends awarding Nalco Company as the Utilities Department's
supplier of anti-scalant as addressed in Bid No. H-45-08. The estimated annual cost for the anti-
sealant is $80,000.00. Funding is available in the water treatment plant chemical account,
number 412-3320-533-52-05.
.
i
G:\Water PlanIIMEMOS\2009\C9-<l7.doo
I
- 38 -
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- 39 -
BID AWARD RECOMMENDATION FORM
i
From: Purchasing Division Leeta Hardin Date 6/2/08
To: Utilities Department Attn.: DaD Bayler, Supt.
Subject: Bid No. H-45-08 Item/service: Antiscalant
Attached is the Bid Tabulation for subject item/service requisitioned by your department. Please complete this
form in order that proper presentation and recommendations may be made to the City Commission for its
approval, as appropriate. Your response should be typed. Please return this form to the Purchasing Division
within three weeks of receipt.
This form must be accompanied by a memorandum explaining the item/service to be purchased, what it will be
used for, stating that it is either a replacement or an additional item, and any other pertinent information which
might be requested by the City Commission. This memo should also contain a detailed justification if you are
rejecting a low bidder (see below).
1. SOURCE OF FUNDS:
Budgeted Code: 'IJz- - 3 3 20 - ::{""13. - 5'"l- - O!{"
Title: C!/I L='lt.1ItprU / #bl2-rt (}CI?7P,ur t.-
v
2, RECOMMENDATION:
(a) Which bidder do you recommend?
A /'Ai- ' ) /tn1-t /:Jrf7J-<y - S '2;' -77!rN'l2-"1J ,I"'l7.th'lt)!!.+~,1o .f""..
V., u.
7}{E d?/ui '/ !2:.t;;--.s,,;"6.LJ.s:;I(/E '"'Ei i>DEIl.
(b) Is the recommended bid the lowest bid received?
Yes No V'"
-
Note: If you recommend award to other than the low bidder detailed justification must be
furnished for rejection of alllawer bids, in an accompanying memorandum.
(c) Ifreferences were required, were they checked?
~ Yes No _ Not applicable far this bid v-
Sign,tille a~ Date: r~O
tIe: Vf;;'/~~.r ~AZ'd"l:-~
(Department Head)
I
G:\Pl TRr.HASF\FORMSDOr. REV. 04107
- 40-
Phone: (954) 545-7016 City of Pompano Beach Fax: (954) 545-7046
UTILITIES TREATMENT PLANT
MEMORANDUM NO. 09- 10
DATE: December 19, 2008
TO: Leeta Hardin, General Services Direc~
VIA: A. Randolph Brown, Utilities Director
FROM: Don Bayler, Utilities Treatment Plants supe~ntend.~
SUBJECT:
Nalco - Revision of Indemnification Clause
Issue:
Nalco, the Utilities Departments recommended supplier of anti-sealant, stated on their bid
exceptions with the indemnification clause within the City's standard bid documents.
This product has been proven to reduce the needed of using sulfuric acid in the membrane
treatment process by at least 75% and may eliminate the use of sulfuric acid in the future. (
Additionally, the use of this anti-sealant will reduce and may eliminate the handling of highly
corrosive and difficult to handle sulfuric acid by city employees and will save the Ut,ilities
Department between $210,500.00 and $280,700.00 annually in chemical costs.
Explanation:
The Utilities Department evaluated the bids submitted and recommended the Nalco anti-sealant
product as the best product to use in the operations of the membrane treatment plant from a
purely technical aspect with regard to performance, reliability, physical properties, chemical
properties and process control monitoring. (See the Utilities Treatment Plant Memorandum No.
09-07)
Next, the Utilities staff worked with the Purchasing Department, the City Attorney's Office and
the vendor (Nalco) to come to an agreement with regards to Indemnification clause exceptions.
Staff reviewed what would happen with the membrane treatment equipment should, in the
extremely unlikely event, the anti-scalant fail.
The worst case scenario would be, failures of the product, the process control/monitoring
equipment and staff not reacting to this situation, potentially causing scaling and damage to the
2nd stage membranes on each membrane treatment Train (modules) in operation. With all five
(5) traIns in operations the total number of membranes that could failure would be 560. The cost
of each membrane is $484.17. The replacement cost of the membranes in the 2nd stage for all (
trains would be $271,135.20.
G:\Wa~eF' PlarllMEMOS'QOOS\OS-10.dac.
,
- 41 -
It is important to note that currently normal 'operations of the membrane water plant operates 2
to 3 membrane treatment trains at any given time. This fact reduces the economic impact, that
, , much more, should an extremely unlikely failure as describe above occur.
The membrane replacement costs, should a worst case scenario occur would be below the
$300,00000 limitation addressed in the proposed and recommended revised Indemnification
clause. (See City Attorney's November 21,2008 Communication #2009-181)
Recom mendation:
After several back and forth discussions with all parties the Utilities Department recommends to
the City Commission through the Purchasing Department and City Attorney's Office the revised
Indemnification clause as stated in the City Attorney's November 21,2008 Communication
#2009-181 and certified by Nalco.
(
t
G:\W6I1er Plant\MEMOS\2009'.Q9.10.doc
I
- 42-
,. . --.. ."_'_~" ..'~ <'....nn_.. ......,.. ,---,....- ..' ~-"... -". -"
-
FlECBVED PURCHASING
1m8 OCT - I AM II: 03
City Attorney's Communication #2008-1881
September 30, 2008
TO: Leeta Hardin, General Services Director
FROM: Erin Gill Robles, Assistant City Attorney
RE: Nalco Contract
After reviewing the attached correspondence from Nalco's counsel regarding the on-:going
negotiations with Nalco for the purchase of anti-scallant, I suggest we propose the following
indemnification clause to replace that which currently exists as Provision 23, page 12 of the
contract documents:
23 Indemnification (
Contractor covenants and agrees to protect, defend, indemnify and hold the
City hannless from all claims, losses, damages, costs, charges and expenses,
WhICh mayoe assenea.-againsl oroe-mcurrec:!-oytlfecltyrwhether-mreCnlf' --.---------.--- - ---
indirect, foreseeable or unforeseeable, including, but not limited to, those
resulting from injuries to any person or damage to any property, caused in any
manner by any act or failure to act of Contractor in connection with furnishing
of the product covered in this agreement, or because of any imperfection or
defect in said goods, or based upon any claim of product liability or strict
liability in tort, or because of the failure 0 f said goods to 1:le in accordance with
the applicable specifications (functional, design, or otherwise) of such goods,
or failme to warn or inadequate warning or instructions as to the use of such
goods.
This indemnification clause is much more to the point and relates expressly to the provision of a
product, as opposed to a contract for services, and thus may be more acceptable to Nalco.
With respect to Na1co's proposal that consequential, indirect, special and exemplary damages be
capped at $150,000.00, staff needs to evaluate the potential exposure to the City in the event of
damage that could occur if Nalco provides a defective or somehow hannful product.
Consequential, indirect, special and exemplary damages could include damage caused to the
City's waterplant by the product; to residents of the community as a result of the City's provision
of water that has been treated by a faulty or defective product; or to property of residents in the
community. Obviously these damages are hypothetical at this point and it is difficult to predict
,
- 43 -
...-.> .h 0<__ ..'........- .-- -n. -. .-. .
( what might occur and whether the damages resulting from an occurrence would be defined as
direct damages, for which Nalco would be liable, or indirect, consequential special or exemplary
damages which would be capped under Nalco's proposal.
I understand that the product being offered is the only product of its kind and is therefore of
significant importance to the City. At this point, staff needs to assess whether the benefit of the
product outweighs the risk of potential exposure to the City by virtue of placing a contractual cap
on the amount of consequential, indirect, special or exemplary damages that the City would be.
entitled to collect from Nalco in the event of a breach. If staff detennines that it wishes to
continue with the negotiations with Na1co, I would suggest increasing the cap offered by Nalco
to a more substantial amount.
Please advise me if you would like this office's assistance in communicating a counter-offer to
Nalco and if so, please advise as to your decision as to the issue of Nalco's request to waive
consequential, indirect, special and exemplary damages.
~~
ERJN GILL LES "
Cc: Keith Chadwell
Donald Baylor
GBUegr
L:cor/prchsng/2008-188l
I
I
- 44-
RECFHJ\ Df :DI" 1^~l~\G N NALCO
~ I': ,_ U I 'J: d.A"t'l')" .
ZOOS DEe - 2 PH I: 31 -
Nalco Company
Municipal - leG
1601 West Diehl Road
Naperville, IL 60563-1198
November 24, 2008
City of Pompano Beach
Leeta Hardin
1190 NE 3'd Ave
Pompano Beach, FL 33060
Leeta,
Attached is the signed exceptions to the contract terms. Should you have any questions
or require anything further from me don't hesitate to call me at 630.305.2177.
~1J-~~ i,
Rick 81. Jules
I
- 45 -
J\!OV ,,'I Vb Ub:~bp VV81ler ::;cott bUj-4(~-~j! ( p. I
""""",noElHGb
GORDON B. LlNN ~...4
I .......,
Cilr Attorney lilli'
Boonl ~rti/ied - CiQl Cou.rrl1ll1id Loal~ Gow:rnmen.l
MARK. f. HERMAN FAWN POWF.RS h"'RrN mf. I. ROSr..F.8
A""j,.ID"t Cily"'no"""1 Amz/<Ull t.:it1 A tluWffY Ass~tunl C./1,)' A'tom~ 2005
Pho.llC: 954.7&>-4614 City of Pompano Beacl1,. Florida Fax: 954-786-4617
City Attorney's COJW11.uuic~tion #2009~181
November21~2008 .
SE'N'T Vl"-AFACS!MlI.E J...ND u.s. MAlL 630-30S-2~SS
R Tor U.ircatainen, Esquire
NaJ(;o Company
1601. Wes.t Diehl Road
Naperville. II.. 60563
Re; NalcofCity of Pompano Beach Contract
Dear MI. Liim~en:
It appears that City staff and YClUt olient have reached an agreement as to the. exceptioDS to th~
I City's standalli big d.ocU1Il.eD.ts that were previoUllly propo5ed by )'OW" dicnt. Due to the nature
\ of the exceptions being reque&tcd, they mug; be approved by thl:t City Commission in order to be
effective. .As such, the requested exceptions will be presented to fhe City Commission :in
C<llmectioll with b': proposed purchase order of your produ.ct.
The proposed exceptions wbieh will be p~ted tQ the City Commissio~ will be as follows:
1. The City will substitute the fullowing indemnificatklD l~DgUage into Section 23,
Indemnification:
Contractor eovenanI:S aDd agrees to protect, defend, indenmifY ~LCd hold the City
harmless from all claims, losses. damages, costs, charges and l>>.:penSes, which
llUIy be asserted against or be incwred by the City whether direct or indil'ect,
fu~eable or lnIfuresee.able. includiD.i, but not limitoo to, thol;e :resulting from
injuries to any person Cl.- damage to any property, caused in .any U'l3Illler by any a~
or failure to act of Contractor in 1;l00000cction with fiuDis~: of the product
covered in this agreement,. or because of any impetfectlo:Q. or defi:lct in said goods,
or based IlpOU any claim of product liability or strict liability in t,)1'4 or because of
the failure of saUl. goods to be in accordance with the applicallle specificmions
(functional, design, or otherwise) of such goods. 01' failure to w= or :in.adequate
w;mJing 01" instru.cti,OQS as. to the '* of suoh goods.
2. . The following language will be inserted undCl" Pa:capaph l~. Wananties;
\1 tJlTh." of lI>: Cll~ A1WtnI:y. IW We.. Allon1k llDull.VlIIIl. SilII.. 1167. ....",p""" B~""I'I .FJ"rldll J311l'iO
~r..1t oilcinta:: \'.0. Il.... 21Ji.'l. !'.In,,,.,..., ltco~h, Flo.fd_ JJ.IJ&l
-c;".al-......_..""'~_;".~.""<l_""'_OO',."._CtI._ s..\""
i:~/IC3 3Sl;/d A3i't::IOlJ. 'Ii AU:) LtSl>98Lt>!iG 99:51: a09i';1l~/n
I
- 46-
i~OV 211 08 05:28p Waher Scott 603-472.5377 p.2
R. TOT l.iir.Qatainen. Esq. City AttorDey's Conmumice.ttOJl #:2:009~J8]
November 21,2008
Page 2 of2
NotWithstanding any othex prevision in the contract, the following damages
arising out ofaIlY warra::uy or cantractu.al. term Will be capped ,-t u.s. S300.000
durmg the tenD of 1he Ag:reemeJ::lt: consequential. indir;~ct> special or
exemplary damages including, but ngt limited to, lost produdon and profits.
For the sake of clarity, this provision is not intended to apply 10 any damages
arising out of tort.
As I understand it, the above amendments reflect not only our last correspondence .regarding the
i.o.deuwii'ication provl..sions, but our (;lient&. m(JIe recent.agreem.c:nt as to the cap on COI\Sequ~tia.I.
indirect, special and \ttemplary ohmages. If the ilbove conditions are .3.Cceptable, please- have a .
representative QfNalco sign this correspondence certifying acceptance (If these conditioDS. Upcn
return of this signed correspondClIlCe, the item will be placed on the D.l::xt available COXDJ:tJission
agenda for con5idera.tion. If these terms axe not acc:epta.bIe,please advise me as SOOn as. pOssible
so that We can revilri1 these issues as needed. .
Please do not hesitate to contact me should you have any questiOllS OT concems about tbU matter.
Sincerely,
0-~~ (
ERlN G :ROBLES
Assistant City At~y
EGR:jnn
L;cor/a.ttyl2009~ Iln
cc: Keith Chadwell, City Manager
Leeta Hardin, General. Services Director
Randy Brown, Utilities Director .
Donald Bayler, Utilities 'll-c:atmmt Plant Superintendent
1 bereby certify that NaI~o ~pts the above--referenced exceptions to the bid solicltlttioD
8-45-08 ".A31tiscalant."
Dated: N~v ~'I, ;2.{)(lY By: ILJ~~
Priat Nalne: l.llo(+.ff Sc2&f
TitJe~ . .:::r>i:::s.-{ (7-c{- 0(\.qf'\~t C
!
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- 48 -
,
. City of Pompano Beach, Purchasing Division ~~Q
1190 N.E. 3rd Avenue, Building C ;~~,
Pompano Beach, Florida, 33060 :~::I~II:I'
'.;:: \~: :::-~ _ :k~:t~~
: ., ....200s:."
May 21, 2008
ADDENDUM #2, BID H-4S-08
ANTISCALANT
Several potential bidders have requested a raw water analysis, or the membrane manufacturer's
design projection. See information enclosed with this cover letter.
The deadline for submittal of sealed bids remains 2;00 p.m. (local), Tuesday, May 27, 2008 in
the Purchasing Office at 1190 N.E. 3 Avenue, Building C, Pompano Beach, Florida, 33060.
The remainder of the Bid is unchanged. Acknowledge receipt of thIS Addendum in the area
provided on bid page 16.
Very truly yours,
Leeta Hardin "
General Services Director l
,-
enclosure
cc: bid list
file
!
- 49-
Hydranautics Membrane Solutions Design Software, v. 2007 1012312006
Permeate THROTTLING(VARIAsLE)
RO program licensed to: Rocco Cuozzo
Calculation created by: "Rocco Cuozzo
I Project name: Pompano-Final Penneate flow: 2000000.0 gpd
0
HP Pump flow: 1634.0 gpm Raw water flow: 2352941.2 gpd
Recommended pump press.: 109.1 psi Permeate throttling(Variab.) 8.0 psi
Feed pressure: 80.1 psi Permeate recovery: 85.0 %
Feedwate r Temperature: 25.0 C(77F)
Feed water pH: 6.5 Element age: 0.0 years
Chern dose, ppm (100%): 74.0 H2SO4 Flux decline % per year: 0.0
Acidified feed CO2: 83.90 Salt passage increa&e. %/yr. 5.0
Average flux rate: 13.7 gfd Feed type: Well Water
Slage Perm. FlowNessel Flux Beta Conc.&Throt. Element Elem. Array
Flow Feed Cone Pressures Type No.
gpm gpm gpm gfd psi psi
1-1 1059.4 45.4 16.0 15.1 1.18 58.3 15.0 ESNA1-LFS 252 36x7
1-2 259.4 35.9 19.7 11.7 1.10 41.6 0.0 ESNA1-LFS 80 16x5
1-3 70.0 19.7 15.3 7.9 1.10 35.7 0.0 ESNA1-LF2 32 16x2
Stg Elem Feed Pres Perm PelTT1 Beta Perm Cone Concentrate saturation levels
no. pres drop flow Flux sal osm CaS04 SrS04 BaS04 Si02 Lang.
psi psi gpm gfd TDS pres
1-1 1 80.1 5.2 5.3 19.1 1.12 19.4 3.7 5 6 152 10 ..0.8
1-1 2 74.9 4.3 4.9 17.5 1.10 21.6 4.2 6 7 178 11 ..0.6
1-1 3 70.6 3.6 4.5 16.1 1.10' 24.0 4.8 7 9 209 13- -0.4
1-1 4 67.1 3.0 4.1 14.8 1.14 26.7 5.5 8 10 248 15 -0.3
1-1 5 64.1 2.4 3.8 13.7 1.15 29.8 6.4 10 12 298 17 -0.1
1-1 6 61.7 1.9 3.5 12.7 1.16 33.3 7.4 12 15 364 19 0.1
1-1 7 59.8 1.5 3.3 11.8 1.18 37.5 8.8 15 19 453 23 0.3
1-2 1 55.3 3.8 4.0 14.4 1.11 39.2 10.5 18 22 532 26 0.5
( 1-2 2 51.5 3.2 3.5 12.7 1.11 41.7 11.7 21 26 611 28 0.7
1-2 3 48.3 2.7 3.1 11.3 1.10 44.8 12.2 23 29 687 32 0.7
1-2 4 45.6 2.3 2.9 10.4 1.10 47.8 13.6 27 34 792 35 0.9
1-2 5 43.3 1.9 2.6 9.2 1.10 51.3 15.2 32 39 913 39 1.0
1-3 1 38.4 1.6 2.4 8.5 . 1.12 63.6 18.8 37 47 1095 42 1.2
1-3 2 36.8 1.4 1.8 6.5 1.10 79.7 20.1 42 53 1241 45 1.3
These calculations are based on nominal element & component performance when operated on a feed water of acceptable quality.
\ NO GUARANTEE OF SYSTEM PERFORMANCE IS EXPRESSED OR IMPLIED unless provided in writing by Hydranautics.
Hydranautics (USA) Ph:(760)901-2500 Fax:(760)901-257B info@hydranautics.com
Hydranautics (Europe} Ph: 315465'88355 Fax: 31546573288 (11160)
1
- 50 -
Hydranautics Membrane Solutions Design Software, v. 2007 10/2312006
Permeate THROTTLlNG(VARIABLE)
RO program licensed to: Rocco Cuozzo
Calculation created by: .Rocco Cuozzo
Project name: Pompano-Final Permeate flow: 2000000.0 gpd
0
HP Pump flow: 1634.0 gpm Raw water flow: 2352941.2 gpd
Recommended pump press.: 109.1 psi Permeate throttllng(Varlab.) 8.0 psi
Feed pressure: 80.1 psi Permeate recovery: 85.0 %
Feedwater Temperature: 25.0 C(77F)
Feed water pH: 6.5 Element age: 0.0 years
Chem dose, ppm (100%): 74.0 H2SO4 Flux decline % per year: 0.0
Acldi!led feed CO2: 83.90 Salt passage increase, %/yr. 5.0
Average flux rate: 13.7 gfd Feed type: Well Water
Stage Penn. FlowNessel Flux Beta Conc.&Throt Element Elem. Array
Flow Feed Cone Pressures Type No.
gpm gpm gpm gfd psi psi
1-1 1059.4 45.4 16.0 15.1 U8 58.3 15.0 ESNA1-LFS 252 36x7
1-2 259.4 35.9 19.7 11.7 1.10 41.6 0.0 ESNA1-LFS 80 16x5
1-3 70.0 19.7 15.3 7.9 1.10 35.7 0.0 ESNA1-LF2 32 16x2
Feed water e
Ion mIl C03 m 11 CaC03 mil .CaC m
Ca 87.0 217.0 87.0 217.0 9.161 22.8 528.1
Mg 7.2 29.6 7.2 29.6 0.595 2.5 44.6
Na 34.0 13.9 34.0 73.9 12.238 26.6 157.3 .
K 2.0 2.6 2.0 2.6 1.026 1.3 7.5
NH4 0.0 0.0 0.0 0.0 0.000 0.0 0.0
Ba 0.030 0.0 0.030 0.0 0.003 0.0 0181
Sr 1.700 1.9 1.700 1.9 0.193 0.2 10.237
C03 0.6 1.0 0.0 0.1 0.000 0.0 0.2
HC03 260.0 213.1 168.7 13B.3 29.867 24.5 955.6
504 34.0 35.4 106.5 110.9 6.016 6.3 675.7
CI 48.0 67.7 48.0 67.7 15.601 22.0 231.6
F 0.3 0.8 0.3 0.8 0.207 0.5 , 0.8 ,.
N03 0.5 0.4 0.5 0.4 0.176 0.1 i 2.3
B 0.00 0.00 0.000 0.00
51 2 12.4 3.15 64.
TDS 487.7 468.4 78.2 2679.1
H 7.4 .5 5.8 7.2
Raw water Feed water Concentrate
CaS04 / Ksp . 100: 1% 4% 43%
5rS04/ Ksp -100: 2% .5% 53%
BaS04/ Ksp . 100: 44% 131% 1237%
Si02 saturation: 9% 9% 46%
Langelier Saturation Index 0.14 -0.91 1.27
Stiff & Davis Saturation Index 0.19 -0.86 1.17
Ionic strength 0.01 0.01 0.06
Osmotic pressure 3.9 pei a.apei 18.4 psi
These calculations are based on nomina! element & component periormance when operated on a feed water of acceptable quality.
NO GUARANTEE OF SYSTEM PERFORMANCE IS EXPRESSED OR IMPLIED unlelSs provided In wrIting by Hydranaulics.
Hydranautios (USA) Ph:(760)901-2500 Fax:(760)901-2578 info@hydranautics.ccm
Hydranautics (Europe) Ph: 31 546588355 Fax: 31 546573288 (11160)
I
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Bidder Name
l . City of Pompano Beach, Purchasing Division P'ilmp8l'l-O Be*ch
hAw.tl
1190 N.E. 3rd Avenue, Building C AI~A/lllrlcICny
~'IIP
Pompano Beach, Florida, 33060
2005
BID H -45-08 -- ANTISCALANT
April 24, 2008
The City of Pompano Beach is currently soliciting to establish an annual contract for the
purchase of antiscalant to be used by the Utilities Department in water treatment. Sealed bids
will be received until 2 :00 p.m. (local), May 16, 2008, in the Purchasing office at 1190 North
East 3rd Avenue, Building C, Pompano Beach, Florida. These bids will then be publicly opened
at the above time and date in the presence of City officials. Bid openings are open to the public.
All bidders and/or their representatives are invited to be present. Bids may not be submitted by
facsimile.
Once opened, the bids will be tabulated, evaluated, and presented to the appropriate City officials
for contract award.
( There are three (3) sections in this bid: Specifications/Special Conditions, General Conditions,
and Proposal. Please read all sections thoroughly: Complete the bid in accordance with the
instructions and return all numbered pages, initialed at the bottom of each page, when you submit
your bid package. Failure to do so may result in the rejection of your bid.
Tfyou need any additional information regarding this bid, please contact Leeta Hardin, General
Services Director, at (954) 786-4098.
SECTION I - SPECIFICATIONS/SPECIAL CONDITIONS
A Intent
The intent of this bid is to establish an armual, open-end contract for the purchase of bulk
antiscalant, delivered, as and when needed. This product will be used in the City's water
treatment plant to produce drinking water, and all products bid must be authorized for
such use. Vendor shall also provide dosage, monitoring and control equipment.
B. Contract Period
The initial contract period shall be one year, commencing upon award by the appropriate
( City officials.
Bid H-45-08 Page 1 of 22 - Initial
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Bidder Name
The contract shall be automatically renewed for a second one-year period unless the
General Services Director or the successful bidder receiving award sha)l give notice to the
other party of intent not to renew for the second period, which notice must be delivered
by certified mail and must be received at least sixty (60) days prior to the end of the initial
contract period. All terms, prices and conditions shall remain firm for the initial period of
the contract, and any renewal period.
In the event delivery/service is scheduled to end because of the expiration of this contract,
the Contractor shall continue to deliver/service upon the request of the General Services
Director. The extension period shall not extend for more than' ninety (90) days beyond
the expiration date of the existing contract. The Contractor shall be compensated for the
product/service at the rate in effect when this extension clause is invoked by the City.
C. Quantities
The City estimates ordering 6,000 gallons of antiscalant per year. No warranty or
guarantee is given or implied as to the total amount to be purchased as a result of this
contract. The quantities stated in this bid are estimates of annual usage, to be used for bid
comparison purposes only. Antiscalant will be ordered as needed.
D. Basis of Award
(
A ward will be made to the lowest responsive, responsible bidder.
To compare products to determine a bid award the City will evaluate the antiscalant and
equipment proposed based on equivalence to the chemical and dosage/monitoring/control
equipment specified.
E. Pricing
Liquid antiscalant to be furnished in bulk discharged into a 3,763-gallon storage tank
located at the City's Water Treatment Plant. All prices bid shall be F.O.B.
destination/delivered/discharged to the City of Pompano Beach Water Treatment Plant,
301 N.E. 12th Street, Pompano Beach, 33060. All prices bid are to include all delivery
charges, and any applicable County/StatelFederal environmental taxes or surcharges.
The unit cost of the chemical bid shall he all-inclusive, and cover all costs, including
chemical and dosage/monitoring/control equipment.
Bid H-45-08 Page 2 of 22 - Initial
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Bidder Name
F. Deliverv
(
Bidders are to state the number of calendar days after receipt of an order required for
delivery. The City seeks a source of supply that will provide accurate and timely
delivery. The awarded bidder must adhere to delivery schedules. If, in the opinion of the
General Services Director, the successful bidder(s) fail at any time to meet the
requirements herein, including the delivery requirements, then the contract may be
cancelled upon written notice. See Section II - General Conditions, (6) "Delivery," and
(10) "Default," for additional information.
G. Addenda
The issuance of a written addendum is the only official method whereby interpretation,
clarification, or additional information can be given. If any addenda are issued to this Bid
solicitation the City will attempt to notify all known prospective Bidders, however, it
shall be the responsibility of each Bidder, prior to submitting their bid, to contact the City
Purchasing Office at (954) 786-4098 to determine if addenda were issued and to make
such addenda a part of their Bid proposal.
H. Small Business Enterprise Program
The Pompano Beach City Commission has established a voluntary Small Business
( Enterprise (SBE) Program to encourage and foster the participation of Small Business
\ Enterprises in the central procurement activities of the City. The City of Pompano Beach
is strongly committed to ensuring the participation of Small Business Enterprises (SBE's)
as contractors and subcontractors for the procurement of goods and services. The
definition of a SBE, for the purpose ofthe City's voluntary program, is taken from the
State of Florida Statute 288.703(1).
As of the date ofpublication of this solicitation, a small business means an independently
owned and operated business concern that employs 200 or fewer permanent full-time
employees and that, together with its affiliates, has a net worth of not more than $5
million or any firm based in Florida that has a Small Business Administration 8(a)
certification. As applicable to sole proprietorships, the $5 million net worth requirement
shall include both personal and business investments. Please note that, while no
voluntary goals have been established for this solicitation, the City encourages small
business participation in all of its procurements.
,
i
Bid H-45-08 Page 3 of 22 ~ Initial
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Bidder Name
The City encourages all fIrms to undertake good faith efforts to identify appropriate Small
Business Enterprise partners. Sources of information on certified Small Business
Enterprises include the Broward County Small Business Development Division, and the
State of Florida OffIce of Supplier Diversity. The City includes links to these
organizations from the City's web site w\vw.mvpompanobeach.org. Please indicate in
your response if your firm is a certified Small Business Enterprise, and include the
completed "Good Faith Effort Report" form with your bid proposal. SBE forms are
included at the end oftrus bid solicitation.
Bidders should submit Exhibit A, detailing the list of SBE firms to be used on the
proposed contract, and a completed Letter of Intent, Exhibit B, for all participating SBE
firms. Submit Exhibit C listing SBE firms that were solicited but not selected. Submit
Exhibit D explaining your firm's good faith efforts to include SBE firms on this contract.
1. Qualifications of Bidders
Bids will only be considered from manufacturers or their authorized distributors. The
authorized distributors must regularly maintain a substantial stock of the chemical bid,
and must be actively engaged in its sale. A representative of the City may examine such
stock and facilities at any time either before bid award is made or during the term of the
contract.
J. Occupational Health and Safety (
In compliance with Chapter 442, Florida Statues, any items included in the latest edition
of "Florida Substance List" which are delivered from a contract resulting from this bid
must be accompanied by a Material Safety Data Sheet (MSDS).
K. Certification and Testing
Bidders may be requested, after bid opening, to provide proof of certification that the
product offered conforms to ANSIINSF Standard 60-1998. All additives and chemicals
used in the City's water treatment plant must conform to NSF Standard 60, per the State
of Florida Administrative Code.
The City reserves the right during the contract period to determine by independent test if
the product supplied meets the specifications herein. The cost of the test is to be paid for
by the City if sample meets specifications, and by the contractor if it should not meet
specifications. In addition, the facilities of the Florida State Department of Agriculture
testing laboratories may be used for any referee testing.
;
Bid H-45-08 Page 4 of 22 fuitial
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Bidder Name
L. Cancellation of Order
\
If contractor carmot fulfill delivery requirements, the City retains the right to cancel the
order and make such purchase on the open market. Contractor will be liable for all price
differences incurred by the City if delivery failure is not a case of force maj eure.
M. Cancellation of Contract
The items to be purchased from this contract are essential to the delivery of City services.
It is the intention of the City to purchase material from a source of supply that will give
prompt and convenient shipment and service in full compliance with the safety
requirements for shipping containers, and for delivery per specifications. Any failure of
the supplier to comply with the terms and/or conditions of the contract shall be
considered default, and shall be reason for termination of contract. (Also, see Section 10,
General Conditions, Default.)
N. Price Adiustrnents
If, during the contract period, the City is able to purchase a chemical specified herein on
the open market at prices less than the contract price, the seller shall meet these prices or
the City may negotiatelbid for a new contract on the open market.
O. Detail Soecifications
1. Safety Measures: Bidders shall guarantee that each delivery truck will be in a safe
mechanical condition,' and will be operated by a capable driver trained in the
proper handling of the chemical being delivered.
2. !)pecifications
a. Product
(1) The antiscalant shall be Nalco PC-1850T, or approved equal.
(2) The dosage, monitoring and control equipment with display and
alarm must be comparable .to the Nalco RO TRASAR chemical
and control equipment/system. Any alternative method of
measuring, monitoring and controlling the chemical feed must be
pre-approved by the Utilities Department.
\
Bid H-45-08 Page 5 of 22 - Ini ti al
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Bidder Name
(3) The dosage, monitoring and control equipment shall be owned and
maintained by the antiscalant manufacturer. The submitted price
must include the cost to provide, maintain and service said
equipment. The City will not sign a lease agreement for the
equipment; the terms and conditions of the bid solicitation govern
any contract award.
(4) Product and equipment must have been tested and in use by water
treatment plants with similar raw groWld water characteristics
(within the tri-COWlty area).
(5) This product/system must reduce the use of sulfuric acid by 75%,
and must in be in use in at least two other RO/Nano water
treatment plant facilities.
(6) Bidders should provide a list ofRO/Nano customers using the
product proposed with their bid proposal.
(7) The actual operating dosage must not vary more than 10% from the
manufacturer's recommended dosage.
(8) The product must conform to ANSlfNSF Standard 60.
{
(9) For membrane warranty purposes, the manufacturer of the
membranes used at the Pompano Beach treatment plant
(Hydranautics) must approve the antiscalant proposed. The contact
person at Hydranautics is Mr. Rocco Cuozzo; telephone number
(732) 236-1395. Bidders should provide a copy of written
. approval from Hydranautics for the product proposed with their
bid.
b. Type of delivery: Bulk (pumped), to be delivered to the City of Pompano
Beach Water Treatment Plant, 301 N.E. 12th Street, Pompano Beach,
33060.
c. Size of city-owned storage tank; 3,763 gallons
e. Deliveries will normally be scheduled Monday through Friday, bern'een
the hours of7:30 a.m. and 3:00 p.m.
f. The City will not pay charges for time spent unloading due to
inexperienced drivers, mechanical failure (truck, compressor, etc.), broken
or plugged air lines, hoses or valves.
g. Each order placed shall be no less than 2,500 gallons.
Bid H-45-08 Page 6 of22 - Initial
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Bidder Name
{
\ P. Insurance
The contractor shall not commence operations, construction and/or installation of
improvements pursuant to the terms of this agreement until certification or proof of
insurance, detailing terms and provisions of coverage, has been received and approved by
the City of Pompano Beach Risk Manager.
The following insurance coverage shall be required.
1. Worker's Compensation Insurance covering all employees and providing benefits
as required by Florida Statute, Chapter 440, regardless of the size of the company
(number of employees). The Contractor further agrees to be responsible for
employment, i;ontrol and conduct of its employees and for any injury sustained by
such employees in the course of their employment.
2. Liability Insurance
a) Naming the City of Pompano Beach as an additional insured, on General
Liability Insurance only, in connection with work being done under this
contract.
u b) Such Liability insurance shall include the following checked types of
(
insurance and indicated minimum policy limits. (See next page.)
3. Real & Personal Property Insurance
The Contractor is responsible for any loss or damage to tools, equipment and
supplies at the job site and is also responsible for any loss or damage to buildings
being constructed until that building is completed and a certificate of occupancy is
issued.
I
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Bid H-45-08 Page 7 of 22 - Initial
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Bidder Name
LIMITS OF LIABILITY
each
Tvoe of Insurance occurrence aggregate
GENERAL LIABILITY Minimum $1,000,000 each occurrence/aggregate
xx comprehensive form
xx premises - operations bodily injury
- explosion & collapse
hazard property damage
underground hazard
xx products/completed
operations hazard bodily injury and
xx contractual insurance property damage
xx broad form property combined
damage
xx independent contractors
xx personal injury personal injury
..._.._--..__........._--_...._.._----------------~~~~----------------------------------------------~---------------------~-
AUTOMOBILE LIABILITY Minimum $1,000,000 combined
bodily injury
(each person) (
bodily injury
xx comprehensive fonn (each accident)
xx o\o\'hed prooertv damage
xx hired bodily injury and
xx non-o"-ned property damage
combined
...................-......-------------------------..........---............----------~-------..,.-----.........----------..---------------------
REAL & PERSONAL PROPERTY
- comprehensive form $ $
---------------------------------...00-------------------------------------..-----------------------------------
EXCESS LIABILITY
bodily injury and
xx umbrella form property damage
- other than umbrella combined $1,000,000. $1,000,000.
-------..----...-....----------........---............-...--------------------------....--..........-.........-..------..-....-..----.........---..------.. ----
The certification or proof of insurance must contain a provision for notification to the
City ten (l 0) days in advance of any material change in coverage or cancellation.
Bid H-45-08 Page 8 of 22 Ini tial
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Bidder Name
( The successful bidder shall furnish to the City the certification or proof of insurance
required by the provisions set forth above, within ten (10) days after notification of award
of contract.
Any questions as to the intent or meaning of any part of the above required coverage
should be directed to the Risk Manager at (954) 786-5555.
(
f
\
Bid H-45-08 Page 9 of22 - Initial
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Bidder Name
SECTION II - GENERA.L CONDITIONS
4, Prices to be Firm
I Submission and Receipt of Bids Bidder certifies that prices, terms and conditions in the
bid will be firm for acceptance for a period of ninety
I. J. Bidders must use the form furnished by the (90) da~~ from the date of bid opening unless otherwise
City, stated by the City, Bids may no, be withdrawn before
the expiration of ninety (90) days, Prices shall be finn,
1.2. Bids having any erasures or corrections with no escalator clauses unless specified by the City.
must be initialed by the bidder in ink. Bid Bids may be withdrawn after ninety (90) days only
shall be typewritten 01' filleo: in with pen ood upon written notification to the City.
ink. Manual signature must be in ink.
5. Extensions
\.3. lt will be the sole responsibility of the
bidder to havo their bid delivered tn the If there' is an error in extensions (mathematical
Purchasing office before the closing hour calculations), unit prices will prevail.
and date shown for receipt of bids.
6. Delivery
1.4. Bid envelopes are provided with the bid
forms, Your bid shQUld be returned in the 6,1. All items are to be bid F.o.B. delivered with
envelope (with lhe correet postage affixed if freight charges prepaid and included, to
the bid is mailed) and should show the designated addresses as specified by the
following information: City on its purchase order(s) orin letter(s) of
authorization.
1.4.1. Your return mailing address in
the upper left-hand corner. 6.2. Bidder must state specific number of
calendar days required for delivery Of each
1.4.2. Bid Number - "Tite or type the item bid in appropriate space an the bid
bid number that appears on the pages for consideration of award of this bid.
first page of the bid form on the
hne for it on the front of the 6.3. Delivery time will be a factor.for any orders
envelope. placed as a result of this bid. The City
reserves the light to cancel &uch order(s) or
1.4.3. Bid Items - write or type the title any part thereof, without obligation, if (
of the bid on line "Sealed bid for: delivery is not made within the time(s)
" specified herein and hold the vendor in
default. (See Section 10.)
1.5. lfnat using the City-provided envelope to
mail your bid, or if using a delivery service 7, Signed Bid Considered an Offer
other than the U.S. Post Office, use the
following address: This signed bid i. cOI1llidered an offer on the ]Jart of the
bidder, which offer shall be considered accepted upon
City of Pompano Beach approval by the City Commission of the City of
Purchasing Division Pompano Beach (ifrequired). The City of Pompano
1190 N.E. 3rd Avenue, Building C Beach will issue a purchase order or a letter of
Pompano Beach, FL 33060 authori.:altion to the successful bidder, as authorization
for delivery of the items awarded subject to
1.6. Late bids will not be considcred and will be requirements of detailed specifications and those
returned unopened. contained here~n_
1.7_ Bids transmitted by facsimile will not be In the event of default or, the part of the bidder after
accepted. such acceptance, the City may take sucb action as it
deems appropriate including legal action far damages
-. Comp!etion of Bid Form> OT specific performance.
Bidder is to f:ll in all of the blallk spaces Oil the bid 8. Quality
fonns and return all numbered pages. Bidder should
illitial each page at the bottom ta indicate he has read All materials used for the manufacture or construction
and understands the provisions contained on that page. ofany supplies. materials or equipment covered by this
bid shall be new, The items bid must be new, the l~test
3. Signature Required model, of the best quality and highest grade
.workmanship unless otherwise specified in this bid by
All bids must show the company name and be signed the City.
by a company office:- or employee who has the
aumorit)' to bind the company or linn by their
signature, UNSIGNED BIDS WILL BE REJECTED,
Ali manual signatures must be original - no rubber
.stamp~ photocopy} etc.
Bid H-45-08 Page 10 of22 Initial
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Bidder Name
.
9. Brand Names 16. Taxes
( Whenever proprietary names are used, (whether or not The City of Pompano Beach is exempt from any taxes
followed by the words "or approved equal"), the item(s) imposed by the State and Federal government.
will be subject to acceptance andlor approval by Exemption certificates will be provided upon request.
authorized City personnel, and said personnel will State sales tax exemption certificate
deem it their prerogative to select the item(s) which are #1 6-08-1 96489-S4C and Federal exemption tax
lowes, bid, item by item, meeting specifications from #S9-74-0083K apply and appear on each purchase
the infonr.ation furnished by the bidder with the bid order.
and/or sample inspection or testing of the item(s) called
for herein. 17. Conflict of Instructions
10. Default Provisions Ifa conflict exists between the Gcneral Conditions and
instructions contained herein, a.'1d ~e Spe::ific
In the event of default by the bidder, Ille Cit)' reserves Conditions and instructions contained herein, the
the right to proc\Jre the item(s) bid from other SourCes specifics shall govern.
and will hold the bidder responsible for e)lCess costs
incurred .s a result. A contractor who defaults on a 18. Exceptions to Specifications
City contract may be banned from doing business with
the Ci~ for a period of 36 months from the date of For purposes of evaluation, bidder must indicate any
default. exception to the speeifieations, terms, and/or
eonditions, no matter how minor. This includes any
11. Samples agreement or eontraet forms supplied by the bidder iliat
are required to be signed by the City. If ~ceptions are
Samp les, when requested, must be furnished at, or not stated by the bidder, in his bid, it will be
before, bid opening, (unless otherwise specified), and understood that the item(s)/services fully eomply with
will be delivered at no charge to the City_ [f not used the specifieallons, terms and/or conditions stated by the
and/ar destroyed in testing, sai d sampk(s) will, at City. Exeeptions are to be listed by the bidder on an
bidder's request, be returned within thirty (3D) days of attachment included wieh his bid. The City will not
bid award at bidder', expense. !freque.ted by the City, determine exceptions based on a review of any attached
samples andlOf inspection of like ftems are to be made sales or mllnufacturer~s literature.
available in the $outheastFlorida area.
19. Warranties:
( 12. Acceptance ofMatmals
The City of Pompano Beach will not accept any
The material delivered as a result of this bid shall disclaimer of the warranties of merchantability and
remain the property of the seller until a physical fimess for a particular purpose for the product(s)
inspection and actu.1 usage of the leem(s) is made and offered. Proposals will clearly state any additional
thereafter deemed aceeptah Ie to the satisfaction of the w.rranties and guarantees against defective materials
City, in cornpliance with the ~ and spccifica.lioTl~ and workmanship. A copy ofrhe complete
contained herein_ In the event rhat the item(s) supplied manufacturer's walT.ll11)1 statement is to be submitted
to the City is/are found to be defective, or does/do not with the bid.
conform to specifications, the City reserves the right to
cancel the order upon written notice to the seller and 20. Retention of Records and Right to Access Clause
return the item(s) to the seller at the sener's expense.
The successful bidder shall preserve and make
13. Manufacturers' Ccrtitications available all financial reconls, supporting documents,
st<.tistica; records, and any olher documents pertinent to
n.e City reserves the right to obtain separate this contraet for. a perioo of five (S) years after
manufacturer certificatlon of all :3tatements mad~ in the termination of thlS ~ontract; or jf an audit has been
bid. initiated and audit findings have not been resolved at
the end ofthese five (5) years, the reeords sball be
14. Copyrights and Patent Rights retained unlll resolution of audit finding.
Bidder warrants that there has been nO violation of 21. Facilities
copyrights or patent rights in manufacturing, producing
andlcr selling the item(s) ordered Or shipped as'a result The City reserves the right to inspect fne bidder's
of this bid, and successi'ul bidder agrees to hold the facilities at any time, without prior notice.
City hannles5 from any and all liability, loss or expense
by any such violation. 22. Anti-collusion Statement
15. Laws and Regulations By submitting this bid, the bidder affirms that this bid
is without previous understanding, agreement, Or
All applicable laws and regulations of the Federal connection with any person, business, or corporation
government, the Stale of Florida, and ordinanees of the submitting a bid for the same matdals, supplies, or
\ Ci~ of Pompano Beach will apply to an)' resulting bid equipment, and that this bid is in all respects fair, and
award. without collusion or fraud.
Bid H-45-08 Page 11 of22 - Initial
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Bidder Name
Additionally, bidder agrees to abide by all conditions of 27. Bid Tabulations
this bid and certifies that they are authorized to sign
this bid for the bidder. In submitting a bid to the City Bidders who wish to receive a copy of the bid
of Pompano Beach, the bidder offers and agrees that if tabulation should request it by enclosing a stamped,
the bid is accepted, the bidder will convey, sell, assign self-addressed envelope with their bid, or by requesting
or transfer to the City of Pompano Beach all rights, title a tabulation be sent to their fax machine. Bid resullS
and interest in and to al] causes of action it may now or will not be given out by telephone. The City does not
hereafter acquire under the Anti-trust Jaws of the notify unsuccessful bidders of contract awards.
United States and the State of Florida for price fixing
relating to the particular commodities or services 28. Assignmr:nt
purchased or acquired by lhe City of Pompano Beach.
At the City's discretion, such assignment shall be made Successful bidder maynol assign or transfer this
and become effective lttt,e time the City tenders final contract, in whole or part, without prior written
payment to the bidder. appraval of the City of Pompano Beach.
23. Indemnification 29. Termination for Convenience of City
Contractor covenants and agrees Ih.t il will indemnify Upon seven (7) calendar days written notice delivered
and hnld harmless the Cil;, and all of the City's officers, by certified mail, return receipt requested, to the
agents, and employees from any claim, Joss, damage, successful bidder, the City may without cause and
costs:! charge or expense arising out of any act, action, without prejudice to any other right or remedy,
neglect Or omission by contractor during the terminate the agreement for the Cily's convenience
performance of the contract, whether direct, or indirect, whenever the City detmnine, that sueh le1:mination is
and whether to any person or property to which the in the best interest of the City. Where the agreement is
City of said parties may be subject, except that neither terminated for the convenience of the City the notice of
the contractor nor any oOts sub-contractors will be lermination to Ibe successful bidder must state that the
liable under this section for damages arising out of contract is being lerminaled for the convenience of Ihe
injury or damage to persons or property directly caused City under tbe tennination clause and Ihe extent of the
or resulting from the sole negligence of City or any of termination. Upon receipt of such notice, the
its officers, agents, or employees. contractor shall promptly discontinue an work at Ihe
time and to the extent indicated on the nolice of
24. Reservation for Rejections and A ward terminationl terminate a.ll outstanding sub-contractors
and purchase orders to the extmt that they relate to the
The City reserves the right to accept or reject any or all terminated portion of the contract arid refrain from (
bids or parts of bids, to waive irregularities and placing further orders and subcontracts except as they
technicalities, and to request re-bids. The City also may be necessary, and complete any continued j)Ortions
reserves the right to award the contract on such items of the work.
the City deems will best serve the interests of Ibe City.
The City further reserves the right to aw.rd the contract 30. Public Entity Crimes
on a Hsplit order" ba.sis, or such combination as shall
best serve the interests of the City un;ess otherwise In accordance with Florida State Statute 287.133 (2)(a1:
specified. A person or affiliate who has been placed On the
convicted vendor list following a conviction for a
25. Intefllretalions public entity crime may not submit a bid on . contract
to provide any goods or services to a public entity, may
Any questions concerning the conditions and not suhmit a bid on a conlnlct with a public entity for
specifications contained in this bid should be submitted the construction or repair of a public building or public
in writing and received by the Purchasing Division nO work, may not submit bids on leases of.1'e.1 property to
later than five (5) working days prior to the bid a public entity, may not be awarded Or perfOfI1l work as
opening. The City of Pompano Beach shall not be a contractor, supplier, subcontractor or consultant
teSj>onsible fOT oral interpretations given by any City under a contract with any public entity, and may not
personnel or representative or others. Th~ issuance of 8. transacl business with any public entity in excess of the
Mitten addendum is the only official method whereby threshold amount provided s. 287.017 for CATEGORY
intel]lretation, clarification or additicna] information TWO for a period of 36 months from the dale of being
can be given. placed on the convicted vendor list.
26. Failure to Respond 31. Governing Procedures
If you elect not to bid, please return enclosed This bid is governed by the applic.ble sections of the
"Statement of No Response" form by the bid due dale, City's General Services Procedures Manual. A copy of
and sra!e YO'Jr reason(s) for not bidding. Failure to the manual is available for review at the City
r"'pond, either by submitting a bid, or by submitting a Purchasing office.
"Statement of No Response" form, may result in your
name being removed from our mailing lis!. 32. Identical Tie Bids
In accordance ",ith Section 287.087, Stale of Florida
Statutes, preference shall be given to businesses with
Drug-free Vlorkplace Programs. Vihenever two or
Bid H-45-08 Page 12 of22 - Initial
!
- 63 -
Bidder Name
more bids wbich aTe equal with respeot to price,
quality, and servioe are received for the procuroment of 34. Optional Cantract Usage
commodities or contractual senrice, a bid received from
a business that certifios tbat it has implemented a Drug- ^" praviced in Section 287.042(17), Florida StaMes,
free Workplace Program shall be given preferm"" in State of Florida agencies may purchase from a contract
tbe award process, resulting from this salicitati on, provided the
Depamnent of Management Services, Division of
Established procedures for processing tie bids will be Purchasing, has certified its use to be cost effective and
folio wed if none of the tied vendors have a Drug.free in the best interest of the Slate. Contractor(s) may sell
Workplace Program. In order to have a Drug-free such commodities or services certified by the Division
Workplace Program, a business shall: to State of Florida agencies at the contractor's option.
1) Publish a statement notifying employccs 35. Non Discrimination
that the unlawful manufacture, distribution,
dispensing, possession, or use of a There shall be no discrimination as to race, color,
controlled substance is prohibited in the religion, gender, national origin. ancestry, and physit;B,]
workplace and specifying the actions that or mental disability in the operation.s conducted under
will be taken against employees fOT this contract. Included as applicable activities by the
violations of such prohibition. contractor under this section are the solicitatian for, or
purchase of. goods or services, or the subcontracting of
2) Infonn employees aoout the dangers of drug work in perfonnance of this contract.
abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any 36. Notice To Contractor
available drug counseling, rehabilitation,
and employee assistance programs, and the The employment ofunauthorixod aliens by any
penalties that may be i:nposed upon contractor is considered a violation of Section 274A(e)
emplnye<s for drug abuse violations. of the Immigration and Nationality Act. If the
contractor knowingly employs unauthorized aliens,
3) Give each employee engaged in providing such violalion shall be cause for unilateral cancellation
the commodities or contractual :services that of the conlraCt.
are under hid a copy of the sta.tement
specified in subsection (1).
( 4) In the statement specified in subsection (1),
notify the employees that, as a condition of
working on the commodities or contracWal
services that ate under bid, the employee
will abide by the teImS of the statement and
will notify the employer of any conviction
of, or plea of guilty or nolo contendere to,
any violation of Chapter 893 or of any
controlled substance law of the United
States of any State. for a violation occurring
in the workplace no later than five (5) days
after such conviction,
5) Impose a sanction on, or require the
satisfactory participation in a drug abuse
assistance or rehabilitation program if such
js available in the employee's com~unity,
by any employee who is so convicted,
6} Make a good faith effoTt to continue to
maintain a drug-free workplace through
implementatfon offl1is section.
33. Invoicing/Payment
All invoices should be sent to City ofpomrano Beach,
Accounts Payable, P.O. Drawer 1300, Pompano Beach,
Florida, 33061. In accordance with Florida Statutes,
Chapter 218, payment win be made v,ithin 45 days
afier receipt of merchandise and a proper invoice. The
City will attempt to pay within fewer days if bidder
offers a payment discount. The City cannot make
( advance payments, make deposits in advance of receipt
of goods, or pay C,O.D. Bidders should state any
payment discOUTJt in space provided on Proposal fonn.
Bid H-45-08 Page 13 of22 - Initial
I
- 64-
Bidder Name
SECTION ill - PROPOSAL
IMPORTANT!! !
BID MUST BE SIGNED TO BE CONSIDERED FOR AWARD
PER GENERAL CONDITIONS SECTION 3
Antiscalant, as specified herein $ (per gallon)
Recommended Dosage (mg/L)
Product offered:
Manufacturer
Product weight (pounds per gallon):
Does the product offered conform to ANSlINSF Standard 60? Yes _ No_
Each order placed shall be no less than 2,500 gallons
Describe dosage/monitoring/control equipment to be provided: r
I,
Delivery time after receipt of order calendar days
State telephone number for placement of orders:
State telephone number for emergency contact after regular hours:
State your method of delivery from source to City's water treatment plant:
How wi.ll you assure supply and delivery to the City in the event of a transportation crisis
involving truck, railcar, etc.?
Bid H-45-08 Page 14 of22 Initial
-
I
- 65 -
Bidder Name
If awarded the contract resulting from this bid, will yoUr company agree to extend the same
, prices, terms and conditions to other governmental entities? (Note -- Optional, agreement not
required for contract award.)
Yes No
- -
Conflict of Interest: For purposes of detennining any possible conflict of interest, all bidders
must disclose if any City of Pompano Beach employee is also an owner, corporate officer, or
employee oftheir business. Indicate either "Yes II (a City employee is also associated with your
business), or "No". If yes, give person(s) name(s) and position(s) with your business. (Note: If
answer is "Yes", you must file a statement with the Supervisor of Elections, pursuant to Florida
Statutes 112.313.)
No - Yes - Name & position
Drug-Free Workolace: Whenever two or more bids which are equal with respect to price,
quality, and service are received for the procur=ent of commodities or contractual service, a bid
received from a business that certifies that it has implemented a Drug-free Workplace Program
shall be given preference in the award process. Ifbidder's company has a Drug-free Workplace
Program as outlined in General Conditions, section 32., so certify below:
Yes, bidder has a drug-free workplace program _ No -
C Is your company a Small Business Enterprise, as described in Section 1. Specifications/Special
Conditions, H. Small Business Enterprise Program?
Yes - No -
Name & address of company submitting bid:
.....................................,.'..................................,...............
. ... . ~. . ... .... .... . ..... . . ........... ..... . .... ... . .... .... ........ ..... . . ......... . .....
. ..................... ................. ..... ........ .... .... ...... ZIp... ..............
Federal Employer Identification # or Social Security #:
......................................................................................................
Telephone number: ....................................................................
"Fax" number: . ..... ...... ............ ..... ..... ... ........ ......... ....... ...............
i
"
Bid H-45-08 Page 15 of22 - Initial
!
- 66-
Bidder Name
Acknowledgment of the following Addenda is noted:
Addendum Number(s) Date(s) Issued
I Man II al ';gn a tnre of company omcor: ... -........ ...... ....... ..... .............. ................... ............. ...... I
IMPORTANT!!! -- SIGN IN BOX ABOVE /f'I. TYPE OR PRlNTNAM"E BELOW >jo
Signer's name (typed or printed): ...............................................................................................
Title of signer: ...... .... .............. ..... .... ............ ....... ......... ...... .............................. ..... .... ..................
**'" Submit one (1) original bid, and one (1) copy. Submit two (2) original copies of all
enclosures such as brochures, manuals, etc.
Bidders should submit, with their bid proposal:
A copy of written correspondence from Hydranautics, the membrane manufacturer,
stating they have approved the product proposed.
(
Technical product literature, applicable MSDS, and proof that the product bid has been \
approved by applicable Federal agencies for use in drinking water.
A list ofROlNano customers using the product.
Descriptive literature on the dosage, monitoring and control equipment with display and
alarm to be provided.
Bid H-45-08 Page 16 of22 - Initial
!
- 67-
13
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i:Ii
I
- 68 -
Bidder Name
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR
Bid Number
TO:
(Name of Prime or General Bidder)
The undersigned intends to perform subcontracting work in connection with the
above contract as (check below)
- an individual _ a corporation
_ a partnership _ a joint venture
The undersigned is prepared to perform the following work in connection with the
above Contract, as hereafter described in detail:
at the following price:
(Date) (Name of SBE Contractor)
BY:
SSE EXHIBIT "B"
Bid H-45-08 Page 18 of22 - Initial
!
- 69-
Bidder Name
.
( SMAll BUSINESS ENTERPRISE (SBE)
UNAVAilABILITY FORM
BID #
I,
(Name and Title)
of , certify that on the day of
,_, I invited the following SBE CONTRACTOR(s) to bid work
items to be performed in the City of Pompano Beach:
Form of Bid Sought
(i.e., Unit Price,
SSE Contractor Work Items Materials/labor
Address Sought labor Only, etc.)
(
Said SBE CONTRACTOR(s):
- Did not bid in response to the invitation
- Submitted a bid which was not the low responsible bid
Other:
Signature:
Date:
Note: Attach additional documents as available.
SSE EXHIBIT "C"
Bid H-45-08 Page 19 of22 - Initial
I
- 70-
Bidder Name
GOOD FAITH EFFORT REPORT
810#
1. What portions of the contract have you identified as SSE opportunities?
2. Did you provide adequate information to identified SBE? Please
comment on how you provided this information.
3. Did you send written notices to SBEs?
Yes No
- -
If yes, please include copy of the notice and the list of individuals who
were forwarded copies of the notices.
4. Did you advertise in local publications?
Yes No
- -
If yes, please. attach copies of the ads, including name and dates of
publication.
5. Did you contact any organizations with large constituents of SSE
members for possible sub-contractors? Please attach list of resource
organizations used.
6. What type of efforts did you make to assist SBEs in contracting with
you?
Bid H-45-08 Page 20 of 22 - Initial
I
- 71 -
Bidder Name
7. List the SBEs you will utilize and subcontract amount.
(
$
$
$
8. Other comments:
Note: Please attach the unavailability letters with this report.
( 00
" SBE EXHIBIT "0"
Bid H-45-08 Page 21 of22 - Initial
!
- 72-
Bidder Name
STATErdENT OF NO RESPONSE
If you do not intend to bid on this requirement, please complete and return this fonn by the bid
opening deadline to the City of Pompano Beach Purchasing Division, Building C, 1190 N.E. 3rd
Avenue, Pompano Beach, Florida 33060; this fonn may be faxed to (954) 786-4168. Failure to
respond, either by submitting a bid, or by submitting a "Statement of No Response" form, may
result in your finn's name being removed from our mailing list.
WE, the undersigned, have declined to bid on this solicitation for the following reason(s):
We do not offer this product or an equivalent
Our workload ,,,,auld not permit us to perform
Insufficient time to respond to the Invitation for Bid
Unable to meet Bpecifications (explain below)
Other (specify below)
\ '.
Remarks
COMPANY NAME
ADDRESS
TELEPHONE
SIGNA TUREn'ITLE
DATE
Bid H-45-08 Page 22 of22 - Initial
!
- 73 -
6. C
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-141 - Support the
elimination of the cap on the State and Local Housing Trust Funds and supporting full appropriation of
the housing trust funds for housing programs.
EXPLANATION OF REQUEST: In accordance with Florida Statutes Chapter 420, dedicated
revenues resulting from the William E. Sadowski Affordable Housing Act of 1992 are
distributed to various municipalities that are "entitlement" communities to assist with affordable
housing efforts. However, the State legislature enacted a cap on the Housing Trust Funds
beginning in fiscal year 2007/2008. The resolution supports the removal of this cap.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The result of removing this cap would be
a return of State Housing Initiatives Partnership [SHIP] Program funding to the level prior to the
enactment of the cap on Housing Trust Funds.
FISCAL IMPACT: The average allocation for the previous five years has been $566,908, of
which the City has enjoyed the ability to use ten percent for administrative costs. For the fiscal
year beginning July 1, 2009 to June 30, 2010, the anticipated SHIP funding is expected to drop
to $54,000, with only $5,400 being available for administrative costs. This has adversely
impacted the city's ability to deliver the program services.
AL TERNA TIVES: Not to adopt the resolution.
- 74-
RESOLUTION R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, SUPPORTING
ELIMINATION OF THE CAP ON HE STATE AND LOCAL
HOUSING TRUST FUNDS (HOUSING TRUST FUNDS) AND
SUPPORTING FULL APPROPRIATION OF THE HOUSING
TRUST FUNDS FOR HOUSING PROGRAMS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has an obligation to provide for the housing needs
of its current and anticipated populations and assisting lower income families is dependent upon
sufficient housing assistance from federal and state programs; and
WHEREAS, thee William E. Sadowski Affordable Housing Act of 1992 created a dedicated
revenue source for the state and local housing trust funds expressly and specifically to fund state and
local housing programs that assist local governments in meeting the housing needs of its population;
and
WHEREAS, the Legislature enacted a cap on the Housing Trust Funds of approximately
$243 million per year, beginning in Fiscal Year 2007-2008; and
WHEREAS, this cap is currently higher than the projected revenue for the Housing Trust
Funds for fiscal years 2010-2011, 2011-2012, and 2012-2013, and therefore removal of the cap
would have no negative fiscal impact on the state budget; and
WHEREAS, housing trust fund monies are the single greatest boost to the economy,
providing $7.66 million of economic impact for every $1 million of state funding, and full
appropriation of housing trust fund monies is critically needed to stimulate our local and state
economy; and
WHEREAS, the unmet housing needs of low income Floridians is substantial and the
downturn in the real estate market creates opportunities for acquiring, constructing, rehabilitating
and preserving housing to meet these needs and these opportunities are lost without housing trust
fund monies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are ratified and confirmed as being true and
correct and are made a specific part of this Resolution.
Section 2. The City Commission of the City of Boynton Beach, Florida, supports repeal
- 75 -
of the cap on the Housing Trust Funds, and urges the Governor and Legislature to adopt statutory
changes during the 2010 Legislative Session to repeal the cap.
Section 3. That the City of Boynton beach supports full appropriation of housing trust
fund monies for housing in the Fiscal Year 20 I 0-20 II Budget.
Section 4. That the appropriate City Officials are authorized to do all things necessary
and expedient to carry out the provisions of this Resolution.
Section 5. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 76-
SAMPLE/MODEL HOUSTNG RESOLUTION FOR CITY/COUNTY
CITY/COUNTY OF FLORIDA
RESOUJTTON NO. "--
A RESOLUTION OF THE CITY/COUNTY COMMISSION OF FLORIDA,
SUPPORTING ELIMINATION OF THE CAP ON THE AND LOCAL HOUSING TRUST
FUNDS (HOUSING TReST FUNDS) AND SUPPORTING FULL APPROPRIATION O.F THE
HOUSING TRUST FUNDS FOR HOUSING PROGRA:VIS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS. City/County has an obligation to provide for the housing needs of its cunent and
anticipated populations and assisting lower income families is dependent upon sufficient housing assistance
from federal and state programs; and
WHEREAS, the William E. Sadowski Affordable Housing Act of 1992 created a dedicated revenue source
for the state and local housing tmst funds expressly and specifically to fund state and local housing
programs that assist local govemments in meeting the housing needs of its population; and
WHEREAS, the Legislature enacted a cap on the Housing Trust Funds of approximately $243 million per
year, beginning in Fiscal Year 2007-2008; and
WHEREAS, this cap is currently higher than the projected revenue for the Housing Trust Funds for fiscal
years 2010-2011, 2011..2012, and 2012-2013, and therefore removal of the eap would have no negative
fiscal impact on the state budget: and
V\!HEREAS, honsing tmst fund monies are the single greatest boost to the economy, providing $7.66
million of economic impact for every $1 million of state funding, and full appropriation of housing trust
fund monies is critically needed to stimulate our local and state economy; and
WHEREAS, the unmet housing needs oflow income Floridians is substantial and the dowuturn in the real
estate market creates opportunities for acquiring, constructing, rehabilitating, and preserving housing to
meet these needs, and thesc opportunities are lost without Housing Trust fund monies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY/COUNTY COMMISSIO)J OF --
FLORIDA, AS FOLLOWS:
Section 1. That the foregoing clauses arc ratified and confirmed as being true and correct and arc made. a
specific part of this Rcsolution.
Section 2. That thc City/County of supports repeal of the cap on the Housing Tmst Funds,
and urges the Govemor and Legislature to adopt statutory changes during the 2010 Legislative Session to
repeal the cap.
Section 3. That the City/County of SUppOltS full appropriation of housing trust fund monies
for housing in the Fiscal Year 2010-2011 Budget.
Section 4. That the appropriate City/County Officials arc authorized to do all things necessary and
expedient to cany out the provlSions of this Resolution.
Section 5, That this Rcsolution shall take effect immediately upon adoption hereof.
PASSED ^ND ADOPTED this _day 2009.
ATfEST:
- 77-
Subject: Sadowski Education Effort
Good Morning,
In hopes of getting funding for Affordable Housing the Sadowski Housing Coalition has initiated a new
effort In hopes of educating Florida Legislators about the Sadowski Trust and its importance to the
economy. Attached is a samplefmodellocal government resolution. They are asking all municipalities
receiving SHIP funding to adopt the resolution supporting this educational effort. If possible, we would
like all the resolutions to be adopted by November, 2009. Please send a copy of your resolution to the
Sadowski Housing Coalition and the Florida League of Cities once it has been adopted.
If you have any additional question please contact Jaimie A. Ross at (850) 222-6277,
Rikkia C. Rellford
Policy & Political Affairs Department
Florida League of Cities
Phone: (850) 701-3653
Cell: (850) 445-3720
Fax: (850) 222-3806
- 78 -
Page 1 or I
. 6r .,
~m~
Prainito, JOll1et ~ :r~'
.~rom; Rlkkia Reliford [rrellfOr;~flciti:comJ --.~.._-~"'~ 0 - - :.;...~
S<rnt; Friday. July 31. 2009 9:47 AM
To: Prainilo, Janet ~
Sadowski Education Effort (?J / \.QP" .J~'
Attachments: SAMPLE local gov resolution for trust f(mdsdoc Qo-I:"~ ~ 0 Fj?)- _ \
-' -V \{..t . ("' "p
Good Morning, Q.P"'l ~ V~ d tf' J;7
I 0 ,",",:F..
In hopes of gelling funding for Affordeble Housing the SadoWSki Housing Coalitioll has initiated a new effort in v!
hopes of eduC<lling FIQrida Legislators about the Sadowsl<i TrlJSl and its Importance to the !;1Conomy. Attached is a~\
sample/model loc<J1 government r8sQlulo1'l. Hlel' are asking alt municipalities receiving SHIP funding to adopt the ,J.
resolution supporting this educational effort. If posslbie, we wmlld like alllrl8 resolutiolls to be <Jdoplsd by ~ xP
Novernber, 2009, Please s6rJd OJ copy of your resolution to !ile Sadows~j Housing Coalition and the Florida ' \<.;-J
League of Cities once it h<ls been ad,)plecl. \1.. .' ,
r OIY"
If you have any additional question prease contact Jaimie A. Ross at (850) 222.6277. ~
{O
~rr:::0>~~\\~'~,~
lC; ~~ .Ie \\;'.1 I:;:; i
'- ., L " c. """1
~'III
, I ii,
MJG -. .3 2009 U11
CITY MANAGER'S OrnCE I
--~
L2 : i Wd C - mw 60
3:J:l;l.dQ S,ildj L} ^H~
ftJ\lJs HO L/{}, fi8 JO:AJJ;~
&/312009
- 79-
6. D
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-142 - Authorize the
City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach
Boulevard south to Woolbright Road for the annual Holiday Parade.
EXPLANATION OF REQUEST: The annual Holiday Parade is scheduled to take place on
Saturday, December 5,2009 at 5 p.m. traveling north on Federal Highway in the southbound
lane. It will be necessary to temporarily close Federal Highway beginning at 2:30 p.m. on
December 5, 2009 from Boynton Beach Boulevard south to Woolbright Road to provide for the
safety of the participants and citizens who attend this event. Pursuant to Chapter 14-65,
Florida Administrative Code, the Florida Department of Transportation requires local
governments to submit a Request for Temporary Closing/Special Use of State Road along with
a Resolution authorizing the special event.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The permit for the temporary road closing
will be denied without the Resolution.
FISCAL IMPACT: None.
AL TERNATIVES: Cancel the annual Holiday Parade.
- 80 -
1 RESOLUTION NO. R 09 -
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE TEMPORARY
5 CLOSING OF FEDERAL HIGHWAY ON DECEMBER S,
6 2009, FOR THE ANNUAL HOLIDAY PARADE AND
,., AUTHORIZING THE CITY MANAGER OR HIS
I
8 DESIGNEE TO APPLY FOR STATE PERMITS l<'OR
9 THE TEMPORARY ROAD CLOSING; PROVIDING
10 FOR E}'FECTIVE DATE.
11
12 WHEREAS, the City of Boynton Beach's annual Holiday Parade is scheduled to be
13 held on Saturday, December 5,2009 at 5:00 p.m.; and
14 WHEREAS, in order to provide for the safety of the participants and citizens
15 attending the Holiday Parade, Federal Highway will be required to be closed from Boynton
16 Beach Boulevard south to Woolbright Road beginning at 2:30 p.m.; and
17 'VHEREAS, the Florida Department of Transportation requires the local government
18 to authorize all temporary road closures on state roadways; and
19 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize
20 the temporary closing of Federal Highway from Boynton Beach Boulevard south to
21 Woolbright Road on December 5, 2009, to provide for the safety of the participants and
22 citizens attending the Holiday Parade; and
7' WHEREAS, the City Manager is authorized to apply for the permit for temporary
~~
24 closing of state roads for special events, pmsuant to Chapter 14-65, Florida Administrative
25 Code, for said temporary closings;
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "WHEREAS" clauses are true and correct and
29 hereby ratified and conlirmed by the City Commission
30 Section 2. That the City Commission of the City of Boynton Beach authorizes the
31 temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright
32 Road commencing at 2:30 p.m. on Saturday December 5, 2009, for the annual Holiday
33 Parade.
C:\Docurncnts and Sertings\pylej\Local Sdtings\Temporary Internet Files\OLK5\Road C)OSillgS Holiday Parade (2009).doc
- 81 -
] Section 3. The City Manager is hereby authorized to apply for permits fi'om the
2 Florida Department of Transportation pursuant to Chapter 14-65, Florida Administrative
3 Code, for said temporary closings.
4 Section 4. That this Resolution will become effective immediately upon passage.
S PASSED AND ADOPTED this _ day of October, 2009.
6
"T CITY OF BOYNTON REACH, FLORIDA
I
8
9
IO Mayor - Jerry Taylor
I]
]2 ~-~---------'"'-
]3 Vice Mayor - Woodrow L. Hay
14
15
16 Commissioner- Ronald Weiland
17
]8
19 Commissioner - lose Rodriguez
20
2]
--_._._-"--
22 Commissioner - Marlene Ross
23 ATTEST:
24
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31 (Corporate Seal)
C\Documen(, and Sellings\pylejlLocal Settings'demporary Internet FiJcsIOLK5\Road Clu,;ngs Holiday Parade (2009).doc
- 82 -
(THIS PAGE INTENTIONALL Y LEFT BLANK)
- 83 -
6. E
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6th, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-143 - Approve the
Local Agency Program (LAP) Agreement between the City of Boynton Beach and Florida Department of
Transportation (FDOT) for the construction and construction-engineering-inspection (CEI) services of the
Seacrest Boulevard Roadway Improvements project.
EXPLANA TION OF REQUEST: On March 19th, 2009 the Metropolitan Planning Organization
(MPO) awarded the Seacrest Boulevard project $1,998,838 dollars in ARRA funding. On April
ih, 2009 the City Commission approved a piggy-back of the CRA design and professional
services agreement with Kimley-Horn & Associates, Inc. On July 29th, 2009 the City received
from FDOT the updated LAP Certification allowing City staff to perform the procurement,
construction, and construction-engineering-inspection (CEI) phases of the project.
The preliminary and initial engineering submittals have been approved by FDOT and on
September 2nd, 2009 the bid documents and construction plans were submitted for approval.
Prior to and as part of the final approval from FDOT the City must enter into an agreement
before the project can be advertised for bid and the construction phase can commence.
The project scope will include, but is not limited to raised median sections, mill and resurfacing,
landscaping, irrigation, reclaimed water line extension, street lighting, sidewalk, and signing &
pavement markings.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? City staff will be performing construction,
engineering, and inspection (CEI) services during the construction phase. City labor
associated with CEI is eligible for reimbursement under the agreement up to 10% of the project
cost. Funding of CEI costs will be reimbursed from the ARRA funding; if the construction
budget does not exceed the allocated ARRA funding of $1,998,838.00.
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FISCAL IMPACT: The design costs will continue to be borne by the CRA. The construction and
construction, engineering, and inspection (CEI) costs will be paid for out of the allocated ARRA
funds up to $1,998,838.00. The construction costs for the extension of the reclaimed water
line will be paid for with CIP funds from the Utilities Department; project #REU003; account
#406-5000-590.65-11.
AL TERNATIVES: Do not approve the Local Agency Program (LAP) Agreement between the City
of Boynton Beach and Florida Department of Transportation (FDOT) and forfeit the allocated
ARRA funding of $1 ,998,838.00 dollars.
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I
~ I RESOLUTION NO. R09-
A RESOLUTION OF THE CITY COM:\'JISSION OF
~ I THE CITY OF BOYNTON BEACH, FLORIDA,
: I AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A LOCAL AGENCY PROGRAM
7 I AGREEMENT (LAP) WITH THE STATE OF FLORIDA
I
8 I DEPARTMENT OF TRANSPORTATION (FDOT) FOR
9 , THE CONSTRUCTION AND CONSTRlJCTION
I ADMINISTRATION OF THE SEA CREST
10 I
11 I BOULEVARD ROADWAY IMPROVEMENTS
12 I PROJECT; AND PROVIDING AN EFFECTIVE DATE.
13
14 I WHEREAS, on April 7, 2009, the City Commission approved a piggy-back of the
I
15 I CRA design and professional services agreement with Kimley-IIorn & Associates, Inc., for
I
16 I the Seacrest Boulevard Project; and
I
I
17 I WHEREAS, on July 29, 2009 the City received from FDOT the update Local
18 I Agency Program Agreement Certification allowing staff to perform the procurement,
I
19 I construction and construction administration phases of the project; and
I
20 I WHl<~REAS, prior to and as part of the final approval from FDOT the City must
21 I enter into an agreement before the project can be advertised for bid and the construction
I
22 phase can commence; and
23 WHEREAS, the City Commission upon recommendation of staff, deems it
24 appropriate to authorize the City Manager and City Clerk to execute the Local Agency
25 Program Agreement between the City of Boynton Beach and Florida Department of
26 Transportation for the construction and construction administration of the Seacrcst
27 Boulevard Road\vay Improvements project.
28 NOW, THERKFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, f'LORIDA, THAT:
30 Section 1. The foregoing "Wl1ereas" clauses are bereby ratified and confirmed as
S:\CAIRESOlAgreementsILAP - FDOT Seacrest Blvd Roadway Imp.doc
I
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I I
I
I
~ II I
being tme and correct and are hereby made a speciJic part of this Resolution upon adoption I
I
!
2 hereof.
I
31 ' Section 2. The City Commission of the City of Boynton Beach, Florida does
41 hereby authorize and direct the City Manager and City Clerk to execute the Local Agency
5.1 Program (LAP) Agreement bctween the City of Boynton Beach and the Florida Department
,
6 I of Transportation for the construction and construction administration of the Seaerest
7 Boulevard Roadway Improvements project, a copy of which is attaehcd hereto as Exhibit
8 "A", and incorporated herein by reference.
,
1~ I Seetion 3. That this Resolution shall take effect immcdiately upon passage.
~~ I PASSED AND ADOPTED this _~ day of October, 2009.
13 I CITY OF BOYNTON BEACH, FLORIDA
14 I
15
16 I Mayor Jen)' Taylor
17!
181
19 I Vice Mayor Woodrow L. Hay
20 I
21 I ~----,-
22 Commissioner - Ronald Weiland
23 I
I
24 I I
25 I Commissioner Jose Rodriguez I
26 I I
27 i
I . --~~ I
28 I ATTEST: Commissioner - Marlene Ross I
I
29 I I
30 I I
I ---
31 I Janct M. Prainito, CMC I
32 I City Clerk
33 I
I
34 I
I
35 I (Corporate Seal)
36
37 I
38
S:\CAIRESO\Agreements\LAP. FDOT Seacresl Blvd Roadway Imp.doc I
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STATE 525-.o1Q..40
LOCAL PROI}UCllON SUPPORT
02109
Page 1
FPN: 426898-1-58-01
Federal No: ARRA 029 8
FPN:
Federal No:
FPN:
WIT N E SSE T H:
WHEREAS, the Age!ncy has the aUlhorltyto enter 11110 this Agreemententito undertake!he projecthere~nafterdescribed,
and the .Department.has..beengfanted.the autha(itytO..ful'lct\on.. Mequatejy..in..a:II.areas..or..apprOpl'late.}urisdlcUOl'l..li'l\.:luding
the imptementation of an integtated afid balani'.:edtra/1sporfatlon systernal1dIsauthorized under Sectlon339.t2,F"iorlda
Statutes, to enter intn.lhis Agreement;
NOW, THEREFORE, In consideration of the P-romises and representaHons nerein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in flexible
pavement reconstruction of Seacrest Blvd. from Boynton Beach Blvd. to NW. 13th Ave. and as further described in Exhibit
"A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department
financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and
the understandings as to the manner in which the project will be undertaken and completed.
1.01 Attachments: Exhibit(s) A+B+1 +L +RL +S+T+X are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aqency Proqram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shal! be in charge of each project.
Removal of Any Unbilled Funds
if Ag~ncy fails to timely pertorrn 1ts ooligatio!'lsins\,\bmi~tfQglll",Qjces(l:nq1jo(;lIments necessarjfor the ctose outorlhe
project,ands;;lld faIlure results \naloss oftherem<llnif)g(mtl!IIMWl'lqil"lg}WI1~rIJY Federal withdrawal otfi.lndsaf I@ss of
Stateappropriallt?n authoriW (which may if!cludebQthf~deraHllndsandstatef<lnds, if any state funds are. on the project),
Ager1cywlllbe r~sponsiblefor H1ensmalningiJl"\b~ll$dfUhdsCinIMprClject No other funds Willb$j'>fovidedbythe
Department Agency waives the right tocontesf$l.ic:flteriitl\ialoFfUnd~bythe Department, if said removtl!lsdlredly
related to Fed-eral. WHWA) withdrawal of fundsdr@W9f$@~~PI'@priati9i1autho(itydue to LocaIAg~ncy'sfail\,jre or
nonperformance. In addition to loss of funding, IheOepal"tmeptIlJHlcohsidefde-certificalion of said Ageficyfor future LAP
projects.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-.01Q.-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
()2i09
Page 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then tt~e department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2011. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of tllis Agreement. Expiration of this Agreement will be considered
termination of the project The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local uws:IMheevenl that any election, referendum, approval. permit, notice
or other proceeding or authorization isrequisiteunderappllcable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe,as$umeorcarry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by IClW,aHactidns necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall lnitiateahd prosecute to completion all proceedings necessary, including
federal-aid requirements, to enable the Agency to proVide the necessary funds for completion of the project
2.05 Submission ofProceedirlgs. Contracts"aMOthoerOocuments: The Agency shall submit to the Department
such data, reports, records, contracts, and otherdoc\.!ments relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.Gll Project Cost:
3.01 Total Cost: The total cost of the project is$.h~g~,8S8.UO. lhis amount is baseoupon the schedule of funding in
Exhibit "B." The Agency agrees to bear aH 8cxpehsE1sil1excess of the totatcost of lhepf'bject and any defICits involved
The schedule of funding may be modified by mutlJalagreernent as provided for in paragraph 4.00.
3.02 Department Participation: The DepartmentagfeaSJo participate, inciuding contingencies, in the proJectcostto the
extent provided in Exhibit "B." This amount incluoesfedeml-aid funds which are ii:mited to Ihe actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costsel@blefor Department participation will be allowed only from the date
of this Agreement. It is understood that Departmenfparticlpatlcm in eligible project costs is subject to:
a) Legislative approval of the Departf11efjt'sappropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3,04 and 3,05 of this Agreement;
c) Approval of all plans, specifications, contr<:lcts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority beCOme$avai~able.
3.04 Appropriation of Funds: The DepartmenfsperfurtnMceafldooligati<m to pay under this AgreeiTlanti$cqnttngent
upon an annual appropriation by the Legtslatute.Wtl1eQ$p~q!Tl@t'sjuhging fOr this project is in lI1uWipll~fls@!years,
funds approval from IDe Department's Comptroller mtiSl~(~q~iVed~ac:hflscal year prior to costsbeir"lgir1cl.ltr#d. See
Exhibit "8" for funding levels by fiscal year. Projectco@;.\.I.llf.izingthese fiscal year fundSara!1(lt~Hgib!e . for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency,in writing,when
funds are available"
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339. 135(6)(a), Florida Statutes, are hereby incorporated:
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.SIAn:: OFfL(lRIO.A OSrARW~~TOF TilArs.SP(jR-tATION 525-010-40
LOCALAGeNCY PROGRAM ASREEMENT PRODUCTION SUPPORT
02;09
Page 3
"(a) The department, during anyfl$q~l~ar, shall not expeMmQtleY, incur any liability, or enter into any
contract which, by its terms, f!1volVe~fu~$xp(;inditureoLrnon$[yirIexcess of th.e amounts budg.etedas
available for expenditure during suchflScaLyear. Any m:mtrMl,verbal or written, made in violation of this
subsection is null and voiGl, and no monMlTl"ay be paidp!1Sl.Iclu::ofilract The department shall require a
statement from the comptroller of lheDepaqment thatft@:lsa.reavaita..ble prior to entering into any such
contract or other binding commitmentoffuHd13. Nothing herein contained shaH prevent .the . rnaking of
contracts for periods exceeding 1 year,blJtanycontractsdiT1adeShall be eXeclJtoryonly for thevall.leof
the services to be rendered or agreedtobepiiM rorinsueool;R1ifl!J fiscal years, anathisparagrWflshal1
be incorporated verbatim in all contfactsdftheDepartmentwhichare foranClmounlinexCe:5$ of'$25,000
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department
3.01 Limits on.. Feder~l Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformltywilh applicable Federal>and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
onaccounl OfarlYcosl incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereofinvol\lings\.lCh cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shaH notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
WherecorrElPtable non.compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance Is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project EstImate and DlsbtlfSement~Ch&dl.lfe: PriQr to the execution of thisAgreel1lent,a:proj~ts(;hed~tle of
funding shall be prepared by the Agency and approv$l:fby the Department.TM Agencysf1all!l'l>3.il"lt~ih$$iQ$ph@t1le of
funding, carry out the project. and shall incurqbllg$tions.against.and . make disbursem~ntsMptoj~<>tl'~@;@@ly.in
conformity with the latestapprovedscheduJeoHu6dil'1gfor the project The schedule oHu.ndingm,W~xtl;lW~@rpYmutu<;\1
written agreement betvl/eenthe OepartmentandtneAgel"lCY. If revised, a copy of Iherevi~iQf1l$flOWd~f9rwJ:lm@Joth~
Department'sCornptroller and to the Department's Federal,ai<:l Program Office. Noinc:reMe..or....d:ecrMse...$hal!....OO
effective unless it complies with fund participation requirements of this Agreement and is approved by the Depattl'l"leflt's
Comptroller.
5.00 Records:
5.01E$t<.s.1:>1l$hmEll1tand Mail'ltel'H~nCe ofAccl;umtlng Records: Records of costs incurrMunder th€!I~@soffhiS
Agreem:enlsh!'lllbe mainttllned and made available upon request to the Dep<i.rtmenl at aU iimesdu@gll1ePElI'IQ9QUhls
Agreement (:l.rrd forSyear~ after the final payment Is made Copies of these documents andreCClrds~h~n~Jl.lrnlsl1.eQtQ
the Department uponreq.uest.Records of costs incurred include tile Agency'sgeneralaccol.JntingreGqrqs~r'1dlh~prqJect
records,tQQetherwilh svpporting documents. and records of the Agency and aU sUPconlractorsperformin9w-orkol'llhe
project ana aU other records oHhe Agency and SUbcontractors considered necessary by the Dep~rtmenHoraprol*wal.id!t
of 06$1$. .lfMy Utilj'atlbl'l,claim or audIt is stattedb\:lfore the expiration of the5-yearperJod, tM r~oord$shallb\:lt\:llall'l\:ld
until all ll11gatloni claims or audit findings involving the records have been resolved.
5.02 CO$t$lnCUfr~dforProject: The Agency shal! charge to the project accounlaH eligible COsts of1hepr'Ojlilctexcept
costs agr~ed tope borne by the Agency or its contractors and subcontractors. Costs in eXcess of the programmed
funding or attributable 10 actions which have nol received the required approval of thl;! Department shaH l1otbeconsidered
eligib!e cos!$.
5.03 Documel'ltation: of Project Costs: All costs charged to the project, including any approved servioosconlrihutedby
the Agl;ll1cyorothersi shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in properdetail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the followil'l9Criteria:
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STATE OF H(}IlIDA Il<i:PARTMErf1'()F m.~N.SPQRTATION 525"JiD-4Q
LOCAL AGeNCYp~OC3RAftIIAG~EeMENT PRODUCTION SUPPORT
02/09
Page 4
The administration of resources awarded by the Department to the be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of auditsc9nducled in accordal1Cl:Lwith OMS Circular A"133 and Section 215.97,
Florida Statutes, as revised (see "Audits" beJOwl,monitoring procedures may include, but not be limited mion-slte visits
by Department staff, limited scope audits as definetlbyOMB Circular AH33, as revised, and/oroltlerprocedllfetS. By
entering lrito this Agreement, the reCiplentagrees !ocorrrplyai1d coopemte fUllY WllhaMmottlt6!'ln1)
proceduresJpwcesses deemed appropriate bytMOepartment. In the event the Departm~nt delerrnillesthata limited
scope audit of the recipient is appropriate. Ih~f~tiRientagrees to camplyWlth any addilionallnstrlJttfon~pr()\llq(edi'Jy the
Department staff to the Agency regarding sucha@it . The AgenCyJurtheragrees to comply and cooperare: With any
inspections, reviews, investigations or am:lltsdeemednecessary by the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor GeneraL
Audits
Part I - Federally Funded: Recipients of federal Amds(i.e., state, local government or non-profit organizations as
defined in OMS Circular A"133, as revised) are tOl1aveaudits done annually using the following criteria:
1. In the event that the recipient expends $5(}O,OOO or more in federal awards inits fiscal year, the recipient must
have a single or program-specific audit t;Qr1dl.lCled in accordance With the.provlslonsofOMB Circularf\-133,as
revised. Exhibit "1;' of this Agreemel'lt)!1ejjcatesfederal resourC€)sawarrWjthrOl..lflhtheDeP<.1rtl'n~l1rby this
Agreement In determining the federal aWards expended inils fiscal ye<ar,.lherecipieht sh8lllcom1ider</3HsQurces
of federal awards, including federal resolircesreceived from the. Depa.rtment. T!"\edetermination .otamountaof
federal awards expended should beinaccortlance with the gUldei.ines established byOM8 CircularA-133, as
revised. An audit of the recipient oonductedby the Auditor General in 2cc(jf(lance with the provisions OMS
Circular A-133, as revised, will meet the requirements of this part
2. In connection with the audit requirementsM<lressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibi1!ti6sas provided in Subpart C of OMS Circular A-133, as revised.
3. If the recipient expends less than $S.QO,OOOlnJei;leral awards in its fiscal year, an audit conducted in accordance
with the provisions of OMBCircularAc133,asfevlsed, is not required. However, if the recipient elects to have an
audit conducted in accordance with tnePrOVISlollS of OMS Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (Le., thacost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified llsingtMCatalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of ti'Wawarding federal agency.
Part II - State Funded: Recipients of state funds (i.e., a nor1-state entity as defined by Section 215.97(2) (I), F!orida
Statutes) are to have audits done annually uslngthe fallowing criteria:
1. In the event that the recipient expends alotaI af11\>Unt .pfstatl:l financial assistance eql.lal to or in excess of
$500,000 in any fiscal year of suct!.recjpient,the rEiclpier'\tmusthave a statesing(eor project-l';pecJfic audit for
such fiscal year in accordance with Secljqn.216,97,FI()ridaSt~Mes., applicable rules. of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (loi::algovernmen:talel1tflies) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General-Exhibit q"JothisAgreement illdicatesstate financial assistance
awarded through the Department by thisAgreemenLll1determlningthe slateflnancial assllStanceexpended in its
fiscal year, the reCipient shall consider all soorcesofstate fil1ancial assistance, Including stale financi.al assistance
received from the Department, other state ageflcles,ancl other non-state entities. State financial assistance does
not include federal direct or pass.through awards and resources. received by a nOn-state entity for federal
program matching requirements.
2. In connection with the audit requirements addres$l:\dtnPart IJ, p;aragraph 1, thl:\ recipil:\nt shall ensureJhat the
audit complies with the requirements of Section 215.91{7}, Fl!;)lida Statutes. Th.isindudes sUbrnissiM of a
financial reporting package as defined by Section 215.97(2Hd),Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit ahd for~prombr'gani'tatJtlns), Rules of the Auditor General.
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ST!\T!:;OF.fW;,IQA perARTM~m OF TW\i'<'SfORTAT@'< 525-010--40
LOCALAGe!\H:::'f PROGRAl\I'IAQREEMENT PRODUCT10N SUPPORT
02i09
Page 5
3. If the recipient expends less than$\'5QQ,OQOih state flfl~ncia.la$$istance in its fiscal year,an audit conducted in
accordance wi!h the provisions ofSe<:tld.n2t5.97, Flprjd,%lSliOlMes, is not required. However, if the recipient
elects to have audit conducted in acco#::lancewith tMprovisionsof$ection 41597., F!orida StaMes,tnecas! of
the audit must be paid from the nOI1"st*Elentity's res/:Jurces{Le.,the cost of such an audit must be paid from the
recipient's resources obtained from otherthanState entities),
4. State awards are to be identified IJsingtheCatalog of Statli:) FiMI"1Cial Assistance (CSFA) title and number, award
number and year, and name of the state ag€:hcy awarding it.
Part III - Other Audit Requirements: Ther~cipientshall foUoWtlpahd take corrective action. tmal.ldlt~t\dlngs.
Preparation of a Summary Schedule of Prior 't'~afAl.ldit Finding's,inCil.ldirig corrective action and currei1tswtus of the
audit findings is required. Current year audit flndil'lgsrequire correctiVe action and status oHindln1:}S
Records related to unresolved audit findings., appeal$Qf ~tigatfon $:haJI pe retained until tl1eacttQnj$GOmpl~tedor. the
dispute is resolved. Access to project records andaw.:litwork papers shalipe 9Ivent.otheDepartrn~nt,JheP~palttnent of
Financial Services, and the Auditor General. Thisseotion does notlimilthe authority of the De:partmef'1:IJocoMucf or
arrange for the conduct of additional auditsdor eValtlatlonsofstate financia:lassistance or limit theatltl1otltyofanybther
state official.
Part IV - Report Submission:
1. Copies of financial reporting packag0.sAQLaU(1I!scol1ducted In aCCord.ance w.tlhOMBCi(Cular A433,asrevised,
and required by Part I of thisAgreementshallbesl.lbmltted, whenrequiredbySection.32Q{d},OMBCircular A-
133, as revised, by or on behalf of the teclp~l1fdlrectiy to each of the following:
a) The Department at each of the following 13ddress(es):
Karen Maxon, Work Program Coordinator. Work Program Office, 3400 West Commercial Blvd. Ft
Lauderdale 33309-3421
b) The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMS Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular
A-133, as revised.
2. In the event that a copy of the financial reportingpa<:;l<age r!;lCjulred by Part lof this Agreement;:lndcond!.lcted in
accordance with OMS Circuiar A-133,asrevlsed,isnotrequired to be submitted to the Department fur reasons
pursuant to Section .320 (e)(2), OMS CircularA.t33,asfevised, the redplentshal! submitth.erequ!redwritlen
notification pursuant to Section .320 (e)(2)and a copy of the redplent's audited Schedule of ExpenditUres of
Federal Awards directly to each of the following:
Karen Maxon, Work Program Coordinator, .Work Program Office, 3400 West Commercial Blvd., Ft.
Lauderdale 33309-3421
In addition, pursuant to Section .320 (f), OMBCircul$rAd33,as revised, the reoipientshall submit a copy of the
financial reporting package described in Section,3&lO(C),OMB CircularA.133. as revlsed, and any Management
letters issued by the auditor, to the Departmentat each ofthe following addresses:
Karen Maxon, Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd., Ft.
Lauderdale 33309-3421
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STATe OfFC.O~IQ"'.!lef'ARTM"NT OF mA"$PQRT~rtQN 525--010-40
LOCAL AGENCY pROGRAM A.GREEMENT PROOUCTION SUPPORT
02109
Page 6
3. Copies of the financial reportingp<'lc~agerequired by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the foHowing address(es):
Karen Maxon, Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd, Ft.
Lauderdale 33309-3421
b) The Auditor General's Office at the following address
Auditor General's Office
Reom 401, Pepper Building
11'1 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Karen Maxon, Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd, Ft.
Lauderdale 33309-3421
5. Any reports, Management Letters, or other information required to be submitted to the DepartrrHimt pursuant to
this Agreement shall be submitted in atime!:Yrnanner in accordance with OMBCircularA133, asrevised,F!orida
Statutes, and Chapters 10.550 (Iooalgovemmental entities) or 10.650 (nonprofit and for.profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A.133, as revised, or Chapters 10.550 (local governmentai entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shaJlrtltain sufficient records.demonstratingi!s compliance with the terms of
this Agreement for a period of at least 5 ye<3r$frorhtheclsb~ theai)dit reportislssued and shall allow the Department or its
designee, the state CFO or Auditor Generalaccesstosuchrecordsupofrreques!, The reciplentshallensLlrethat the
independent audit documentation is made a\i'ailahletothe Department, or its designee, the slate GFO or Auditor General
upon request for a period of at least 5 years fromlhe dale the audil report is issued, Llrllessexlended in writing by the
Department.
5.05 Inspection: The Agency shall permit, amjshall require its contractors to permit, th~ Pepi;)rtH1E!nt't;13uthjjrlzed
representatives and authorized agents of FHWA toln$p~t ailwork, workmanship, materfals,pay:rolls,amftec6rdsand to
audit the books, records, and accounts pertaining tothef.ina.ncing and development of the project.
The Department reserves the right to unilaterally canoo!tl11$ Agreement b refusal by the Agency oranY~Qfl!r~ctor,sub-
contractor or materials vendor to a!lowpubHca.ccess tQdaUqQ~llm~nt5.p$PE!rs, letters or othetmat~rlal@bJeGJJodhe
provisions of Chapter 119, Fiorida Statutes, and made oneceNed in conjunction with thisAgreemenqSectlon2:a1.05S(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and ReaIPl'o~I'W'$tatlstlcal Report: For any project requiring EiddillCina.!rlght-
of-way. the Agency must submit to the Depa,rtl'1lenfan arll1u<d report of its real propertyacq1.lisffionandre:iocat16n
assistance activities on the project. Activities sMllberepqr18cl on a federal fiscal year.basis,fromQclob$ftthrough
September 30. The report must be prepared using the format prescribed in 49 a.F.R. Part 24, Appendixl!.l,and be
submitted to the Department no later than October 15 ofeacllyear
6.00 Requisitions and Payments: Requests for reimbursem:enUorfees or other compensation for services or expenses
incurred shall be submitted in detail sufficientfor a properpte-atkllfand post-audit thereof (Section 287.058(1)(a), Florida
Statutes).
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STATE OF FLORiDA DEPARTMENT OF TRANSPORlATION 525-010.40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
02;09
Page 7
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travei
expenses, when authorized by the terms of this Agreement, in accordance with Section 112..061, Florida Statutes, and
Chapter 3-uTravel" of the Department's Disbursement~erations Manual, Topic 350-030-400 (Section 287.058(1 )(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due fO!" work or services done under
any agreement which it has with the Agency oWing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, reqlJires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may.suspend or terminatepaymer,t for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may <les\gr\ate SSltlellgibliSfor federal-aid.
7JJ1 Disallowed Costs: In determining the $moontof the paym~n!,th$ DepartmantwHl excludeal! projects costs
incurred by the Agency prior to the effective date ofthisAgreement or medals ofaulhorlzatloo,coets loourredafterthe
expiration of the Agreement, costs which areli<ltprovideo for in the latestapprb"'Eld5Cnedtl~ OffulidrnglnExhibit"S" for
the project, costs agreed to be borne by the Ag:encyorlts. contractorsar'idsubc6ntractors for notmeetingJhe project
commencement and final invoice time lines. andC;<lstsat!ril:lU!ai:lletogoodS Of services received under,n:onlrac! brolher
arrangements which have not been approved in wrftfngbylheDepMment.
7.08 Final Invoices: The Agency must submit the final invqioeC/otM project to the Department within 120 days after the
completion of the project. Invoices submitted after the 12.0..day tirnepElrlcd may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or al!
of its obligations under this Agreement until such lime as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time lheinterest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shaH notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) d0y$01 such
notice. Such notice shall provide reasonable specificity to the Agency of the defiCiency that requires correction. if the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
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STAT~j'JF F~Q~jQA (l~rAflTMENT oF TRANS~(lRT;irlOI4 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPOR'
02/09
PageB
asset forth in paragraph 8.(b) below, or(2}taKEllA'hl:ltever acllonisdeem~appropriate by the Department to correct the
deficiency. In the event the Departmenfchq()~el'l;Jbtakeaction;lhdl1otlfHmiIlatethe Agreement, the Agencysnan, upon
demand, prompt~ reimburse the DepartnlehtfOfi3il1yaf"idancMIl;ar1d expenses incurred by the Departmentin correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) if the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress wiil become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph. the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required 01" desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, ali recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure IIlat the DBE's tlave the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must
include the following assurance:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
02109
Page 9
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of
49 C.FR Part 26. The recipient shall take al\ necessary and reasonable steps under 49 C.FR Part 26 to
ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 u.s.e. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local iaws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and iocal
laws and regulations, including the "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, ControlS,afl(l Labor Provisions:
12.01 Equal Employment Opportunity: In connection w~th the carryfngout of any<project, theAgenc)'shannot
discriminate against any employee or appllcanHoremployment becaus€ofrace, age,religibn,co-lor,sli>(i@tlOnalorigin,
d!sability or marital status. The Agency willtakeaffirmallve action to ensure that applicants are emj:iloyeo and that
employees are treated during employment wlthb-tlttegard to thiilfrrace,age, re!!9ion,coI6r.g~@et',I1$tioOi:llo@in,
disability or marital status. Such action shalllnclude,oufno! be Iirrlitedto,tl1efollowihg:el1'lplbYl11eljfl:lPgr$qi!'1g'g~mOtion
or transfer; recruitment or recruitment advertlsing'I~y6ffbr termirtation} Fates of pay orOtl1~f()ntlSoCqq@P$I1#@l:@and
selection for training, including apprenticeship. TneAgency shall insertthefor~golngproVlsj9hmo~m$~(1"nl%Mt$W~Wthe
particular contractual relationship in all its cQr1~rsc.(sinConnectlQn with thedevelopmentofope@tloIl9ffu~ptoj:$cfexcept
contracts for the standard commercial suppliesouaWfn;:lteriats,and shall require aIlSuch CQ{itra.ctofs.lolr1$~tti:l~lmllar
provision in all subcontracts, except subconlractsJorslanqsrdcommercJalsuppllesor raw materkills,Whentheproject
involves installation, construction, demolttion, removal, slteimprovement or similar work, the Agency shalL post in
conspicuous places available to employees and applicaotsforemployment for project work, notices to be provide-d by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title '11- Civil Rights Act of 1964: The Agency win Comply With all thereCiuiremenls imposed!:ly.TltleYloflhe
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federa! government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity: may not be awarded or perform work as a contractor, supplier,
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STAT~ O""lQl\loA O"f'MtMlSNr O~ tAAi'I~FomAroN 525-010-40
LOCAL AG!:iNCYp~()(j:RAI\Il AGgEEMENT PRODUCTION SUPPORT
O?J09
P9ga 10
subcontractor or consultant under a contrS.ct withanYi:i\il>llcentlty;at1dmaynot transact business with any publJc entity in
excess of the threshold amount provided inSectioli2$7,C17.florida Statutes, for CATEGORY TWO for a perkld of36
months from the date of being placed on the convicted vendor list
12.05 Discrimination: In accordance with Section 287,134,Florida Statutes, an entity or affiliate who hasbeeOplaced
on the Discriminatory Vendor List, kept by the Florida Dep-arl:mentof Management Services, may not suomifa bid on a
contract to provide goods or serviceS to a pUblic enllty;mayi"loISlJbmita bid Qi"l.a contract with a pl.lblic enmy forthe
construction or repair of a public building Or pub'liciWotk;m.sy nol submit bids on leases ofrealprQPeity16a publll::entity;
may not be awarded or perform work as acontraCldl', SlJpplier, subcontractQr or consultant under a contrad with any
public entity: and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Ql.lalific~lon or Determinatlol'l of Contractor NOl'lc~El~J)onSlb!!rty:An
entity or affiliate who. has had its Certiric:at~ of QualiricatiorlsuSpeflded, revoked.;. denied (')rhaveftittlief@el'l~~t~rmil'\ed
by the Department to. be a nen-responsible conrracl9rmay no! suomit a bid or perform work fOftne construetiOfl QrI'epaIr
of a public building or public work cn a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or theirsubcontractorSshaUenterintodany
contract, subcantract ar arrangement in cOm1ection Withthepraject 0.1' any property. includ{Kforplahnedtqhell1~llde(fin
the project in which any member, officer or ernployeeoffhe Agency or IhelotaHty dorir\gtEiI'11.1reOffQr2Y~$:r$th$f@f:ter
has any interest, direct or indirect If any such preseqfotforrner member,officeror employeei;1\t(}ltll'1lJ:lrily~(;(jllire~9rha(J
acquired prior to. the beginning of tenUre any suthinteresl, and ihucn Interest is immediatelydls(:loseq@ffl~AM~('W,the
Agency, with prior appro.val of the Department, mayWaille. theprohibifloI1 contained ih thispa:ri'lgiapnprtiVi~@Il1i:itaI'1Y
such present member. officer or employee sMUnolparllclpate in any action by the Agency odhe localjtyreiating]o such
contract, subcontract or arrangement
The Agency shall insert in all can tracts enteredintQ in connecticn with the project or any property included or planned to
be included in any project, and shall require its contractors to Insert in each of their subcontracts,thefollowingproliisloiY
"No member, afficer or empioyee of the Agency or of the locality during his tenure or for 2. years
thereafter shall have any interest, direct or Indirect, in this contract or the proceeds thereof."
The provisions of this ~ragraph shall nat be applicable to any agreement between the Agency and its fiscal depositories
or to aoyagreemeot for utility services the rates for which are fixed or cantrolled by a governmental agency.
12J)8(l'lwre$tofM~mtlel'S of, or Delegates to, Congress: No member or delegate to the Congress of the United
StatessnalflJe: admitted to any share or part of this Agreement or any benefit arising therefrom.
1 ~tOO Mi$celhH'~otJs Provisions:
13,!.l1.~l'lvltol'lmefltal Regulations: The Agency will be salely responsible far compliance with all the applicable
eIiVtrblirnEllif13lregU.lations, for any liability arising fram non-compliance with these regulations, and wi!! reimburse the
DepartmenUor anylos$ incurred in connectian therewith. The Agency will be responsible for securing any app!icable
permits,
13.1>:2 PepanmentNot Obligated to Third Parties: The Department shall not be obligated or liable hereunder to. any
lndividualorenlity nota party to this Agreement.
13.03When~ights and Remedies Not Waived: In no event shalllhe making by the Department of any payment to the
Agencyconstiluteor be canst rued as a waiver by the Department of any breach of covenant or any default which may
then exlslonthe part of th~ Agency and the making of such payment by the Department, while any such breach or default
shall exist, shaH In no way impair or prejudice any right or remedy available to. the Department with respect to such breach
or default.
13.04 How Ag.r~m~nt!s .Mfe~t&d by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
theremainderoflhis Agreement shall not be affected. in such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
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LOCAL AGENCYPROGRAM,A<lRi:l:I\,IIENT PRODUCTION SUPPORT
02/09
Page 11
agrees not to pay, any bonus or commission for the purposE!pf obtaining an approval of its appiication for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shalir0QljIrqlneAgency to observe or enforce compliance with any provision
or perform any act or do any other thing in C:onl:rC!!Ventiofl Of any applicable slate law. If any of the provisions oUhe
Agreement violate any applicable state law, tMAgency wm at once notifyth~ Department in writingln order that
appropriate changes and modifications may bernade by the Departrrlentand the Ag€ncy 10 the end that the Agency may
proceed as soon as possible with the project
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project The Department will review all p!ans and specifications and wil! issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department The Agency wi!1 physically include Form FHWA-
1273 in all its contracts and subcontracts.
13J.18 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicilation of bids for construction of the project, including those projects for which no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications. is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument
13.12 Restrictions on Lobbying:
Federal: The Agency agrees thatno fElderally-aPPfopriate<l funds have been paid, or wUI be paid by Of on Mhalfof the
Agency, to any person for influencing or attemptingtolnf!u~nce any officer or empl:oye$ bfanyf&leralagency,al\1!E'e-mber
of Congress, an officer or employee of Congress or an employee of a Member of Congress in cohheclloilWffl1 the
awarding of any federal contract, the making ofanyfEideral gr8ni, lhe making of any federalloan,tl1eer\teririgihtQofClny
cooperative agreement, and the extension, continUation, reMwal, amendment or modification of anyfe<le-raloorllract,
grant, loan or cooperative agreement
If any funds other than federally-appropriated funds naY!;} been paid pythe Agency to any ~n)QJl Jori@geflGingor
attempting to influence an officer or employee of any federal agency, a Member of Congress, anofflceroreOOplj:'WeEilOf
Congress or an employee of a Member of Congres$ tn conneotion with thil) Agreement, the \.mdersignedshall@mp\ete
and submit Standard Form-LlL, "Disclosure Form to Report Lobbying,":n accordance with its instfucti\)ns,
The Agency shall require that the language of this patagraphbeincludedirHl1e award documents for a!lsubawardsat all
tiers (including subcontracts, subgrants, and contracts under grants, loanS, and cooperative agreements)andtnat al!
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement If the Agency constructs any improvement on Department right-of-way, the Agency IS] will D will not
maintain the improvements made for their useful life.
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13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames, Upqnrecelpt, the Department has 5 working days to inspect
and approve the goods and services un!essthe hidspectficaticms, purchase order or contract specifies otherwise The
Department has 20 days to deliver a request for paymflnl{\JOClcher)totheDepartment of Financial Services, The20 days
are measured from the latter of the date the invoice !s recelved or the goods or services are received, inspected, and
approved,
If a payment is not available within 40 days after receipt of the invoice and tile receipt, inspection, and approval6f goods
and services, a separate interest penalty in accordance with Section 215A22(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency, Interest penaitiesofless than one $1 will not be enforced unless
the Agency requests payment. I nvoices Which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requlrements done! start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services, The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems In obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptrolier's Hotline,
877 -693-5236.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federaLguidellnes, proceQ\Jres, and reg\.1l$tluhS, If et any Jlme arJ:1l/l$w
conducted by FHWA reveals thatthe applicablaJed~ralguictelines, procegu!"es, and regulationsweren9iJpJI@ecibythe
Agency and FHWA requires reimbursement of lliefvllcts, the Agency'Mllberespof1sible for repayrnel'WlolneP$p$rtment
of all funds awarded under the terms of this Agreement Federa: Ectlnomic Stimulus awards do not exempt the Agency
from adherence to federal guidelines, procedures, and regulations,
- 99-
STATE OF FLORJDA DEPARTMENT OF TRAN5PORTATION 52t)-{)10-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
02!09
Page 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY Cily of Boynton Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By By:
Name: Name: Gerry O'Reilly
Title: Title: Director of Transportation Development
Attest: Attest:
Title: Title:
As to form: As to form:
Attorney District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
- 100 -
52S--0iQ.40
PROJEO MI.NAGEMENT OFFICE
06/06
P&g~
FPN: 426898-1-58-01
eXHIBIT "A/'
PROJECl'bESCRIPT!ON. AND RES.PONSIBILlTI ES
This exhibit forms an integral part of the Agreemenfi:1el.'#een the.state.otFIQTjda, D~partment of Transportation and
I City of Boynton Beach
Dated: L_ ______________________________________J
PROJECTt.OCATION~ Seacrest Boulevard
The project 0 Is X is not on the National Highway System
The project !J is Xis not on the State Highway System
PROJECT DESCRIPTION:
Flexible pavement reconstruction from Boynton Beach Blvd. to NW. 13th Ave.
SPECIAL CONSiDERATION BY THE AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action,
and the funding action from any other source with respect to the project
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the projects activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) N/A Study to be complete~Py N1A , (Phase .1Baf1(j213 LAPA,greemeMs)
b) Design tObeC<lmpleted onorhefore .... W~... .. ..... .... ..(P.hese $.lJLAPAgreements)
cj RiQI1I-pf-Wayroquirementsidel1tIflM.anclPfoyi@dla the Qepartm(?nfby N/A . .. (AllLAPS
requiring RIVlIJ(OJstrl4t will handle afl Rjght~Of~W$ractfvfties:on LAPS, the date WOlJldbe sgtbttfienecesSsiy
timgfrawe tocomple:le RIVlIactivitim;)
d) Righf'OT",Way tQ be Certified prior to Mverll$ingJorCol1structiOO,(AII PhaSfJ 08 LAPS).
e) COi'istmclklnctmtractto be laton orbEiforeHH1{)/1l2009 ...HHH .. (ForPhase 5fJLAPs) (This
priortotheendof fhef'iscafYe9f thfJ,ftM/';sha.$.581s programmediilFM)
1) Cot'lstructi:on to be completed after beft)r~ 1213112011
If thISS~h~dl.ll!::l~I1I'l()lb.emet, the Agency will notify tM Department in writing
5ub'jecnolh~wjthdraWarof federai funding,
Thisprojl$tisJorCQl'lstFl.lction Ordy in the
agreement..by.aJlparties..the...DeP13ftment
PROCeeD/'ftleAgendy should flot start
F'ROCEftp.The~er1cywill only be coslS
agreernl'lrltoftime extenslon (IHei:!uired bya request fOr a time
Upon complem:mofthe project l.i)e Agency is requited to notify the Department of the
invoicing.Tl1e Department mayrequJre an on siteinspectlon with the Agency.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
- 101 -
STATE OF FLORIDA DEPARTMENT OF TRP.NSPORTATlON 52s-qTO-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMRNTQFFICE
O$iCll)
raQe
EXHIBIT "13"
SCHEDULE OF FUNDING
AGENCY NAME 8. BilLING ADDRESS I FPN:
City of Boynton Beach I 426898-1-58-01
1 GO E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
PROJECT DESCRIPTION
Name: Seacrest Blvd. Lenglh:0611rnilas
Termini: EIQfT1 Boynton__S_each Blvd.J.9 NW. 13th Ave.
(1) l;'~~Y gA~At&<
TOTAL
TYPE OF WORK Bv Fiseal Year PROJECT fUNDS
................................
Planning 2006-2007 ....... ......
2007-2008
2008-2009
Total Planning cost ----
Project [levelopmem& Environment (PD&EI
20015-2007
2Wl-ZOOS
2008..~Olj9 .--------------------- ---------~-------- ---
TolafPO&E <AlsI
Design 2006.2007
21.lO7-2008 -
2008-2009
TOlalDesign Cost
Right'QMIV~y 2006<2007
2ooH!OO8
20Q8,2oo9
Tl)I~rRlghl-ofWay Cost
ConsfmGtlQI1 . 2006.,2007
2008-2009
2008<2009
2009-201 Q{f'8SU) $.1.998838.00 $1 998.83800
TotalCilftS!rlJ!llion Cost $1,998 1338.00 $1,998,838.00
Construction Engin~~ring llnq Inspection (CEil
2oo6-200t
2007-2008
2008-2009
Total GEl Cost
Total Construction and GEl Costs $1,998,838.00 $1,998,838.00 i
TOTAL COST OF THE PROJECT $1,99M38.00 $1,998.83800 i
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal yeaL The Department will notify the Agency. In writing, when funds are available.
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STATE Or FLORIDA DEPARTMENT OF "rRANSPORTAll0N 525-01C~O
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
08/06
Page
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 1,998,838.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMS cost principles applicable to the recipient'sub-recipient
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs).grojects to befundecjlJl1der the federal-aid hlghwayprogram are
generally selected by state DOTs or MetropolitanPJannjng Organizations (MPOs),in coop~ration withapproprial~local
offlCials, as specified in 23 U.S..C. andimplernevtingregulatlons. Territorl~lhighwayprojeclsl3Je ful1Qe:dinthesame
mannerElS oll1erfederalcElid highWay projects, with the territorial transportatiOl'1agen<:;yfunctionfngln a manner similar to a
state DOT. MostFlorida Land Highway Program (FLHPJprojecl$ are administered by the Fedetal Hignway Mmil1istfatlon
{FHWA} Office Of Federal Lands Highway and its DiVisions or by theva60tls Florida Land ManagemenlAgencl6S
(FLMAs) Under the FLHP, projects In the Indian Resewatlon Road {IRR}Pfogram are selected by Tribal GOliernrnents
and are apprOVed by the Bureau of Indian Aff~if$ (!jIAJatld.!he FHWADl.le to fecenflegi$l~lion, Tribal Governments
mee~ng(;$rtaln . reqi.Hrements may nowadminjsWryarlous 1 RR proJects orjb!1lhalf of theBIAand FHWA. The Fish and
WildHfeS~ryice{fWS) and the National Pa*$~rvice{NPS) select prqJeCl:'rin the Refuge ROad ;:Ind Park Roads and
ParkwaySPrograms, respectively. For the Foresl Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
CO!llpl~m::ElRElquireml1tnts Appli(:al:>>l~toth~ fl1tdElfalResoul1les Award~d PUflSuafl! to Thit; Ag~m~nt Are As
FoUOWs.; ... Therooipient of loca:! Agenoy Program{L;\p)flJndlng must comply with the statutory requirements fl1 Sections
112.061,215.422, 339.t2, and 339.135, Florida Statutes, and Title 23 aM Title 49, C.F.R.
- 103 -
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
06106
Page
EXHIBIT "l"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 13.14 is expanded by the following:
The Department and the Agency agree as follows:
1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA,
the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all
applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the
Agency agrees to:
a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful
insects;
b) Properly mulch plant beds;
c) Keep the premises free of weeds;
d) Mow and/or cui the grass to the proper length;
e) Properly prune all plants whiJ.;hresptJ.!lSlbillty incl\JdesJl:!moving dead .or diseased parts of plants
and/or pruning such parts thereofwhlch present a ViSlJal hazard for those using the roadway; and
f) Remove or replace dead or diseased plants in their entirety, or remove or replace those piants that fall
below original Project Standards.
The Agency agrees to repair, remove or replace at its own expense aU or part of the project that falls below
Project Standards caused by the Agency's faiiure to maintain the same in accordance with the provisions of this LMA< In
the even! any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they
shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project
Furthermore, the Agency agrees to keep litter removed from the project highway.
2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of
the aforementioned responsibilities are not carried out or are other-vise determined by the Department to not be in
conformance with the applicable Project Standards, the Depal1ment, in addition to its right of termination under paragraph
4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost
thereof to the Agency.
3. It is understood between the paltiesherelo that any portion of or the entire project may be removed, relocated
or adjusted at any time in the future as determimklfol:l$nec~~~ary by !hE!!lJe~atttnel'1tinorder !haUheadJ<lcentstate
road be widened, altered or otherwise changedt"rn$~IWlth:thefl.lltlre critetiaorplan.r1Jii!lOf the Deparlrr1ent . The Agency
shall be given notice regarding such remova.!,~IOG.@ol1()r<ldju~tfTJent .andsMllbeaHowed6Qdaysto rernQ\ieMlor p~rt
of the project at its own cost The Agency wllloWnth$tp~rtMthe project II rerrlove(L After the6D-day removslperiod,
the Department will become the owner of theur@SoN~dpol'li9nof the project, . and the Department then mayrefTJove,
relocate or adjust the project as it deems best. wi!htheAgencybe1ngresponsible for the cosLincufred for the removal of
the project.
4. This LMA may be terminated under anyone oflhefoilowingconditions:
a) By the Department, if the Agency fails to perform Its duties under this LMA following 15 days' written
notice; or
- 1 04 -
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
08/00
Page
EXHIBIT "L" (continued)
LANDSCAPE MAINTENANCE AGR~EMENT (LIVIA)
b) By either party following 60-calendar days' written Jlotice,
5, In the event this LMA is terminated. inacccm:lance with paragra~h4hereof, the Agency>sha!lh~V~E)Q(;'/OlY$$:fter
the date upon which this LMA is effectively terminated to remove 3Uof partofthe remainingproje:ctatitsowl'rc.:ostand
expense. The Agency will own that part of tM projecUttemoveo, Afll:lt'!he6Q'<!ayremovatperkld,lheDepartm~l1tth:en
may take any action with the project highway or all or part of the projecfitdeemsbest, with theA!;leJ'1CY being l'elSpol1:sible
for any removal costs incurred,
6, This LMA embodies the entire ag:reeme;l1l an.d
other agreements or understandings, oral or written, with to
herein and superseded hereby,
7. This LMA may not be assigned or transferred by the Agency, in whole orin part, without cons~nl
Department.
8. This LMA shall be governed by and construed in accordance with the laws of the Slate of Florida,
9. All notices, demands, requests or other instruments shall be given by depositinglhe same in the lJ,S,maH,
postage prepaid, registered or certified with return receipt requested:
a) If to the Department, addressed to:
Barbara Handrahan. Local Programs Administrator
Florida Department of Transportation
Program Management Office
3400 West Commercial Boulevard
Ft Lauderdale, Florida 33309-3421
or at such other address as the Department may from time to time designate by written notice to
the Agency; and
b) If to the Agency, addressed 10:
Andrew Mack, PE
~lliLQfJ~Q~TJ1()n B~_9.9h, Pul:11ic Work\5 and EnQtneerinQ Qjyision
100 E. Bovnton Beach Boulevard
P.O 310
Bovnton Beach, Florida 33425-0310
or at such other address as the Agency may from time to lime designate by written notice
to the Department.
10, This LMA if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the
parties dated
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and
other instruments,
- 105 -
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525~()i0-4a
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
08/06
Page 1
EXHIBIT "RL"
ROADWAY LIGHTING MAINTENANCE AGREEMENT (RLMA)
Paragraph 13.14 is expanded by the following:
1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to' be installed roadway lighting
system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and
Compensation Agreement
b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the
roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g.,
high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance
with lhe original design thereof, whether necessitated by normai wear and tear, accidental or intentional damage or acts of
nature. Said maintenance shall include, but not limited to, providing electrical power and paying ail charges associated
therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any
component parts of the facilities (including the poles and any and ail other component parts installed as part of the
facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary,
c) All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Ul')jf9If!1 Traffic _Q_QoJr:QlJ2~~ (MUTeD); and
(2) All other applicable locai, state or federal laws, rules, resolutions or ordinances and Department
procedures,
2 Record Keeping
The Agency shall keep records of all activities performed pursuant to this RLMA The records shall be kept in
such format as is approved by the Department.
3. Default
In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which
are otherINise provided for in this Agreement, the Department may e:<ercise one or more of the follOWing options, provided
that at no time shall the Department be entitled to receive double recovery of damages.
a) Pursue a claim for damages suffered by the Department or the public.
b) Pursue any other remedies legally available.
0) As to any work not performed by the Agency, perform any work with its own forces or through contractors and
seek reimbursement for the cost thereof from the Agency, if the f\gency fails to cure the non-performance within 14
calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions
in the event of an emergency.
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STATE OF ~LORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
08106
Page 2:
EXHIBIT "RL" (continued)
ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA)
4. Force Majeure
Neither the Agency nor the Department shall be liable to the
the extent such performance is prevented by an act of God, war, riots,
control of the non-performing party and which could not have been avoided
provided the party claiming the excuse from performance has:
a) Promptly notified the other party of the occurrence and its estimate duration,
b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and
c) Resumed performance as soon as possible.
5. Miscellaneous
a) The parties understand and agree that the
which shall be applicable at the time of the project and the
Department may have entered into joint agreements for utility
such a joint agreement exists, this exhibit shall not apply to
Department manuals, policies, and procedures will be provided to the Agency
b) Time is of the essence in the performance of all obligations under this RLMA.
- 107 -
STATE OF FLORiPA D!"~MTt~;;mQI':r~$l'<ilf1rA1l01>l 52-5:.010-40
LOCAL AGENCY PROGRAM AGREEMENT PRO{lUC'l1ONS;UP~OR),
OilJil$
Paga
EXHIBIT "S"
2009 AMERiCAN RECOVeRVANORSINVESTMENTACT (ARRA)
JOBREPORl'iNG
FPN: 426898-1-58-01
This exhibit forms an integral part of the Agreement between the Stale of Florida, Department of Transportation
(Department) and
City of Bovnton Beach
._----~---------~----------------~--------~-------------
Dated
SPECIAL CONSIDERATIONS BY AGENCY:
Compliance with the 2009 American Recovery and Reinvestment Act (ARRA)
This project is subject to the criteria and conditions of the 2009 American Recovery and Reinvestment Act
(ARRA). The Agency will satisfy the Federal reporting requirements for the project(s), such as the monthly
employment report, for both the Contractor and Subcontractor. The Agency will provide the required
information on form{s) provided by the Department in the timeframe indicated in the instructions. The Agency
will ensure that the reporting requirements are included in all ARRA contracts and subcontracts.
The Agency will withhold the Contractor's progress payments, project acceptance, and final payment for failure
to comply with the requirements of the 2009 ARRA.
Authority of the U.S. Comptroller General
Section 902 of the 2009 ARRA provides the U.S. Comptroller General and his representatives the authority
1. To examine any records of the Contractor or any of its Subcontractors, or any State or Local Agency
administering such contract, that directly pertain to, and involve transactions relating to, the contract or
subcontract; and
2. To interview any officer or employee of the Contractor or any of its Subcontractors, or of any State or Local
Agency administering the contract, regarding such transactions.
Accordingly, the U.S. Comptroller General and his representatives shall have the authority and rights as
provided under Section 902 of the 2009 ARRA with respect to this contract, which is funded with funds made
available under the 2009 ARRA. Section 902 further states that nothing in this Section shall be interpreted to
limit or restrict, in any way, any existing authority of the U.S. Comptroller General.
Authority of the U.S. Inspector General
Section 1515(a} of the 2009 ARRA provides authority for any representatives of the Inspector General to
examine any records or interview any employee or officers working on this contract. The Contractor is advised
that representatives of the U.S. Inspector General have the authority to examine any record and interview any
employee or officer of the Contractor, its Subcontractors or other firms working on this contract. Section
1515(b) further provides that nothing in this Section shall be interpreted to limit or restrict, in any way, any
existing authority of the Inspector General.
- 108 -
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-t1W-4lJC
lOCAL AGENCY PROGRAM AGREEMENT PRODUC1':(jr4SlJPI"ORT
0810>>
psse
EXHIBIT "T"
TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA)
Paragraph 13.14 is expanded by the following:
The parties mutually agree and covenant as follows:
1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency,
and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order.
2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by
the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient
as possible.
3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in
accordance with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable
Department standards, specifications and plans governing traffic control for street and highway construction and
maintenance.
4. The Agency shall be responsible for the maintenance and continuous operation of the traffic signals and signal
systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control
devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges
incurred in connection with the operation of such traffic signals and signal systems upon completion of their installation. In
the case of construction contracts, the Agency shall be responsible for the payment of eiectricity and electrical charges
incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance
and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the
Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during the
burn-in period between conditional and final acceptance, are contained in the most recent Department's Standard
Specifications for Road and Bridge Construction.
5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe
and efficient movement of highway traffic and that agree with maintenance practices prescribed by the International
Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Agency's
maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service, and
routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or damage).
The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain, as a minimum,
traffic signal log details recommended by the IMSA.
6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer and is
capable of performing the same functions. The Department shall not make any modifications andlor equipment
replacements without prior written notice to the Agency.
7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in
phasing of traffic signals and signal systems 10 accommodate ci1anging needs of traffic provided prior written approval is
obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or for
the Agency in accordance with Section 1A09, ;'Engineering Study and Engineering Judgment", of the MUTCD
recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida.
The Agency may make changes in the signal timing provided these changes are made under the direction of a qualified
Professional Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately
after installation. The Department reserves the right to examine equipment, timing, and phasing at any time and, after
consultation with the Agency, may specify modifications. If the Department specifies modification in timing and/or
phasing, implementation of such modifications shall be coordinated with, or made by 111e Agency.
- 109 -
STATE OF FLORIDA DEPARTM~NT OF TRANSPORT"ATION 52b-O'lO-4U
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTJON SUPPORT
GBIDS
Page
EXHIBIT "T" (continued)
TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA)
8. The Agency shall note in the maintenance log any timing andlor phasing changes and keep a copy of the
timings and any approval documentation in afit~.
9. The Agency may enter intD agreements with other parties pertaining to traffic signals .andsjgnalsystems
including, . but 110t.limlted .to,agreemenls. telatlng.W..Cb$!s..and..expehs8s.1i"lcarted..jn .connElClion..with.lhe.O'peratlOh..of.traffiC
sig nalsand signal systems On the State. Hfgl'lWa)i' System pro\11dedtl'lalsllch a9reementselrec6nsistehtWlthth emu!uai
covenants contained in this T81111A The Agency sl"iall furnish a copyofsuchagreernenlsto the QepartltlEll'lt
10 This TSMA Shall remain in forca du~ngtMllfaoftl'leMgln~lly)nstalled equipment and/or the Ufa of any
replacement equipment installed. \Nith the ml.lt~$JGCln$erttMthl3partiE:l$hE!feto until superseded by a Traffic Signal
Maintenance and Compensation Agreement between the Departmentand the Agency.
- 110 -
$TiitE()FFlORlDA b€'PARTMENT Of TAANSPOl<rATIOtl 525-0'10-40
lOCAt..AGENC'Y..fi'ROGRAM..AGR-EEMENT PRODUCnON SUPPORT
00199
rage
EXHIBIT "X"
PROJECT ESTIMAtEANOO!SBURSEilIlENTSCHEDULE
FPN: 426898-1-58-01
This exhibit forms an integral part of the AgreernentbetWeel1the State of Florida, Department of
Transportation (Department) and
City of Bovnton Beach
Dated
SPECIAL CONSIDERATIONS BY AGENCY:
The following paragraph replace5- Section 4.00 Project E5-t}mate and Disbursement Schedule of the Local
Agency Program Agreement eXecuted betweentneDepartment and
City of Boynton Beach
Dated
Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and
approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and
shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved schedule of funding for the project. The schedule of funding may be revised by execution of a LAP
Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees
that funding for this project may be reduced upon determination of the award amount and execution of a LAP
Supplemental Agreement. If a LAP Supplemental Agreement is executed, copies should be forwarded to the
Department's Office of Comptroller and Federal-Aid Management OfFice.
-111-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATiON 525-010-30
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
08100
Page 1 of 2
DATE 7/16/09
AGENCY City of Boynton Beach FEDERAL-AID PROJECT NUMBER ARRA 029B
FIN NUMBER 426898-1-58-01 STATE JOB NUMBER TiP PAGE NUMBER
PROJECT TITLE: Seacrest Blvd_
PROJECT TERMINI FROM: From Boynton Beach Blvd. to NW. 13th Ave.
WORK PHASE: D PLANNING D ENVIRONMENTAL D DESIGN ~ CONSTRUCTION D RIGHT OF WAY
AWARD TYPE: ~ LOCAL D LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indioate the approval date, and the most
recentreevaluation date.
E I S approved on: , and reevaluated on:
EAiFONSI approved on: , and reevaluated on:
Categorical. EXdu$lon: fJ flU Qq
Programmatic Categorical Exclusion determinatkm on:
Type I. CategorlcSlIExclusJon determinatlon orr; I I
Type.ll..C~tegork:al..ex:cltlsion .determlnation on'
Cate~orical Exclusion Reevaluation on:
LOCAL AGENCY .' STATE FEDERAL FUNDS PERCENt . .oaUdAtioN DATE
PHASE TOTAL
ESTIMATED COST FUNDS FUNDING (@atest Dollar) FEDERAL Month I Year
In.e.arest Dollar) . (nearest Doll.ar\ (nearest Dollar) FUNDS
~L~IM'-IN!NG_ ---------_.""'--.-~---~--~-_.__._~~. ------..--..-------..--..---..-- ...____u !
PD&E ----._-.---------.- i
DESIGN _____________________L..._________________
RMI ------------------
CONST. $1,998,838.00 $1,998,838.00 100
TOTAL $1,998,838.00 $1,998,838.00 100 i-----------------
DESCRIPTION OF EXISTING FACILITY (Exisling Design and Present Condillon)
Roadway Width: 60' Number of Lanes 5
Bridge Number(s) on Project N/A
DESCRIPTION OF PROPOSED WORK D New Conslruction ~ 3-R D EnhancernentD Congestion Mitigation
Roadway Width _9J)" Number of Lanes _____________':L______________________
Bridge Numbers(s) on Project N/A
LOCAL AGENCY CONTACT PERSON TITLE: i
Andrew Mack, P. E. ________________________________________________________________________________________________ __E'!:~l~QU~!:1_gi!:1e~r mmnnmmmnnmmmnnmmmnnmmj
MAILING ADDRESS: PHONE: I
100 E. Bovnton Beach Blvd. 561-742-6010
I AGENCY ZIP CODE. I
Citv of Bovnlon Beach 33425-0310
I LOCATION AND DESIGN APPROVAL BY:
Approving Authority
TiTLE: DATE:
L__________________________________________~____________
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52501(;30
CONSTRUCTION
081()0
Page 2 or 2
! AGENCY: PROJECT TITLE DATE:
I City of Boynton Beach Flexible pavement reconstruction on Sea crest 7/16/09
Blvd.
----------------------
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS:
RIGHT OF WAY AND RELOCATION
No right-of-way acquisition required on this project
____-------------.J
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE
ADMINISTRATION AGENCY OR AGENCIES, OR IT'S DESIGNEE, AND IS NOT INCONS!STANT
WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT.
AGENCY: City of Boynton Beach
DATE: By:
(Mayor I Chairman)
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STATEOF FLOR!DA D:=PARTMEt.JT OF TRANSPORTATION 575--C95-Q5
LAP CERTIFICATION RIGHT OF WAY
09;0!
RJ\fV iTEM/SEGMENT NO.: N/A fD<.1.L~L~h.~s1~
CONSTRUCTION ITEM/SEGMENT NO.: ~IA
F.A.P. NO. (Construction): t.f'Zh~ 9'8 -1"$8.-CH
COUNTY: PAII"'V1 BEAG-
LETTING DATE: !ViA
I
The undersigned hereby certifies as follows:
Title to all property and easements needed
Transportation (Department) or a state or
maintain the proposed improvements on
Acquisition
)( Right of way was not acquired for this project.
o Right of way was acquired for this project in compliance with applicable state and federal law.
Relocation
)t No persons or businesses were required to move or move personal property from the project right of way.
o AU persons and businesses that were required to move or move personal property from the project right of way have
been provided relocation assistance in compliance with applicable state and federal law.
Demolition
-'Nostl11ctures.or improvements, including encroachments, required removal from the project right of way.
OAlisttucturesafld/orimprovements, including encroachments, have been removed from the project right of way in
cornpllance with applicable stale and federal law, or will be included in the construction contract.
Asbestos Abatement
~Noslructures or improvements requiring asbestos abatement were located on the project right of way.
o Asbestos abatement of buildings by the construction contractor, has
beencornpleted in compliance with or Wif! be included in the construction contract.
Submitted by Local Agency:
(11. Date: 7 8 oq
BEACH
Certified by: .--- 7/-27 0
1/:l1~tJ9 till Date:
- 114 -
ADDITIONAL STATEMENT - Local Agency Program
No Additional Right of Way Required
R1W ITEM/SEGMENT NO.: NIA STATE ROAD: N/A
CONST, ITEM SEGMENT NO.: N/A DESCRIPTION: Seacrest Boulevard from Bovnton
F.A.P. NO,: 426898-1-58-01 Beach Boulevard to C-16 Canal
PREFERRED LETTING DATE: N/A LOCAL AGENCY: Citv of BovntonBaach
The following interests in land (Right of Way) will NOT be required for the construction of this
project.
Q Fee Title ~ land on which a permanent improvement is to be placed andmaJntained.
~ Perpetual Easement - maybe used when permanentimprovementisJo.beconstructed
and maintained on a parcel for which acquisition of fee title is impracticaL
Q Temporary Easement - used when it is necessary totemporarHyoccupY-flP~n:;el.NIJ
improvement which is a permanent part afthe transportationfacilityorwhichrequires
maintenance beyond the term of the easement will be constructedol1tMtemp6tcuy
easement.
The right of way maps/sketches have been comparedtothecor\Structionph~f1s~l1dthtfrigt1t of
way, as shown, and will accommodatetheplsnned construction. lheconstrW;tlon?ctl\llti~$,Wm
be performed in the existing right of way. The con.tractor will not be requif'edJotempOrarilyel"lter
upon property not owned by NAMEOFt.OCAL GOVERNMENTforthe purposeofrestbratioffand
harmonization.
/:,.,<}/".;.; ...../,/2),(\
I ;-F::::'P..~I7?(.U:i(;y"-:1., July 8. 2009
SIGNATU~~ r'''' "', DATE
, ( .
\.
H. David Kelley, Jr., P.E.lP.S.M.
NAME (Printed)
Title: City Enqineer
Agency: City of Bovnton Beach
- 115 -
FPID 426898.1
.
93000024 - N Seacrest Blvd from NE 13 Ave (MP 1),000) to NW 13 Ave (MP 0.014)
- 116 -
-117-
TYPE 1 AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
HID No. 4264J16-1.-S8 01
Agency: __ Cit.y 2f Bo~~ron Beach
County: __ Fa 1m B"',':'_'?,h______
Project Description: Milling and resurfacing, landscaping and sidewalks of Seacrest Blvd.
Limits: Boynton Beach Boulevard to Boynton Canal
Type of Construction to be performed: Streetscaoe
YES NO
__X___ ------- Axe the impacts to local traffic patterns, property access, community cohesiveness, planned
community grovvth or land use patterns not adverse?
_A__ ------- Pu'e all air, noise and water quality impacts negligible or non-existent?
__L - If there is wetland involvement, does it qualify for either Nationwide or General Permit?
--L -- Can the project proceed without a u.s. Coa.st Gu.ard Permit?
-1L ~ Are any or all floodplain encroachments not significant in acoordance with Part 2, Chapter 24 of
PD&E Manual
-1L --- Will endangered and threatened species and their critIcal habitats remain unaffected?
-1L ~ Is there no nght -of-way or an insignif1cant amount of right-of-way required for the project?
.__L --- Are the residential or business relocations tor the project not significant'1
--L - Is Section4(l) not applicable to the project?
-1L - Have properties protected under Seotion 106 which are taken, used or in close proximity to the
project been identified and if applicable reviewed by SBPO, and has a detennination of "No
Effect" been given?
~ Is the Contamination involvement not significant?
----.L - Tho project cloes not require public hearing or an opportunity for a public hearing?
IMPORTANT lfthe answer to any of these questions is No, then a Type 1 Programmatic Categonoal exclusion
does not Apply_
- 118 -
FPIDNo. 426486-1-58..01 ________________________
FINDING:
This project has been evaluated and has been determined to meet the conditions as set forth in the PD&E Manual,
Part I, Chapter 3, thereiore:
--.lL This project is a Programmatic Categorical Exclusion per FHW A approval on March 1, 1995
As amended on September 4,1996, December 7, 2000, and the FEW A and the FTA Agency
Operating Agreement executed on February 12,2003.
This prc.~ect is a Type 1 Categorical Exclusion under (23 CFR 771 117 c) effective
November 27, 1987.
. ," .
, . . - . . . .
.;.......... " -. .
:./ .:.;......;.. .,,-".:: "
Agency Concurrence: ,,,..~;~~::.:<.:.:::2Et~~~::;(l~~i.:~~:::r:J~j ~ D:.~e:
Ii. ..... .--..,..) t I::> ~k- l' ,., ii. p,.,... .,..1\ ;.>. c." ,
.,.. .. .
LAP Administrator: _~&1~~::i.::.:~_=~~~~~:::&it:kG,$:.~~Date:--!J1~'/~ ~r
Q. '--'. n. . .
. -:. .. '.. .~. .-.-.~: {, J: '~.:~2
',~~ '... ';,~~" .;.......h.-/....... ';.;;. -,' l .;:-\',-~
FDOT Concurrence: .' ~^.y,,- (.:l.A'{"'0'-i-:::;.."...,d,l~ Date: --0./--) I L___Y i ___
DIstnct 4 EnVironmental AdITllmstrator ~
i
- 119 -
1Zhe (Jit;y of Boynton Beach
P.O Box 3!O
ik'yntol1 Reach. Florida 33425-03/0
PUBLiC WORKS DEPARTMENT
Engineering Division
Phone (56/) 742-6980
Fax (56/) 742-6285
www.boynton-beach.orf.:
OFFICE OF THE CITY ENGINEER
M.EMORANDUM
Date: July 20, 2009
To: Ann Broadwell, D4 Environmental Administrator
From: Lisa Frazier, Senior Environmental Specialist
Copies: Lynn Kiefer, Marwan Mufleh, Vincent Fusconi
Subject: Seacrcst Blvd Strcctscape Project
Financial Management Number: 426486-1-58-01
Federal Aid Project Number: NA
County/Section: Palm Beach/Section 21
Limits: From Boynton Beach Blvd to Boynton Canal
The Class of Action for this project is a Programmatic Categorical Exe1usion (PCE), based on Federall-lighway
Administration (FHW A), Federal Transit Authority (FTA), and Florida Depm1ment of Transportation (FDOT)
Agency Operating Agreement executed on January 15,2003. This project was evaluated on July 12,2009, and the
Administrative Class of Action Determination remains valid.
The proposed project is a streetscape project located within the City of Boynton Beach Community Redevelopment
Agency (CRA) boundaries and is part of proposed CRA improvements. Refer 10 Figure 1 - Loea/ion Map. The
0.68 mile long project consists of an existing 5-lane section of Sea crest Boulevard; four travel lanes and the 511, lane
is a 2-way left turn lane. The improvements will include construction of segments or curbed median, landscaping in
median, landscaping behind the outside existing curb, replacement of existing sidewalk, milling and resurfacing and
construction ofU-turnJbus bay areas. The U-turnJbus bays are proposed at the SW corner ofNW 81h Street and the
NE corner ofNE 4th Avenue. No right of way acquisition is anticipated. The City of Boynton Beach is responsible
for permitting within the project jurisdiction. Site photographs are attached in Appendix A_
Local Traffic Patterns
Temporary lane closures may be roquircd during project COllstruction_ However. a Motorist Awareness System will
be used during these lane closures to minimize sholt-term impacts to local traffic patterns. Permanent impacts to
local traffic patterns are not anticipated.
Property Access and right of way acquisition
No adverse effects to property access are expected as a result of the project as all driveway openings will be
maintained. No right-of-way (R/W) acquisition is required for the proposed project. However, the u-tum/bus bay
areas will require an additional twelve feet of land outside the I{/W. This area is already owned by the CRA and thus
does not require acquisition.
A.llJi:1UCA ';':; r;,17'lClV,1 ;' 'TO Tff!<.' OUJ.J.;'"i'I'I.:J'7/L\I
- 120 -
Plallned Community Growth/Laud Use Patterns
This project is not expected to have any adverse impacts to planned community growth or planned land use patterns.
The project will enhance the aesthetics for the traveling community and is part of the proposed CRA improvements.
Community Cohesiveness
Thc project limits are wholly within the City of Boynton Beach and involves streetscape enhancements on an
existing road. The project is not anticipated to divide neighbors, cause SOcial isolation, impact land use patterns or
impact community cohesiveness.
Air Quality and Noise
The project is located in an area which is designated attainment for an of the National Ambient Air Quality
Standards under the criteria provided in the Clean Air Act. Therefore, theClean Air Act confonnity requirements do
not apply to the project. No long-term noise impacts are expected as a result of the project, since it is not a capacity
improvement. The scope of work does not involve construction ofaddltional travel lanes, and no noise impacts are
expected as per 23 CFR 772, a noise study is not required. Temporary secondary noise impacts associated with
construction and traffic delays may occur. Noise control measures will include those contained in FDOT's Standard
Specificatiol1sf(w Road and Bridge Construction.
Water Quality and Wetlands
Based on site reconnaissance conducted on April 6,2009, there are no wetlands within the proposed project area.
The Boynton Canal, located north oftlle project, will not be impacted by the project work. No work activity will be
conducted within the canal right of way, and there will be no discharges to the canal. The improvements are minor
and will not result in an increase in impervious area. No impacts to water quality are anticipated from the proposed
proiect activities.
.Floodplaill Encroachment
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), available from the FEMA
website (btlQ;!L"'ln\,,j~mil,gQY; accessed May 5, 2009), were reviewed to determine if the project area is located
within a nood zone. According to FEMA FIRM Panels] 20 1 960003C and 120 1 960004C, the project is located
within Zone X, outside of the special tlood hazard area. Thus, there will be no impacts to the] DO-year floodplain.
Endangered alld Threatened Species, Other Wildlife, and Their Critical Habitat
A standard data search of Florida Natural Areas Inventory (FNAI) Database was conducted for the referenced
property dated April 27, 2()()9. The datahase did not reveal any c1cmental occurrences within the project area.
Wood stork (Mycteria americana) Core Foraging Areas (CF A's) overlap the project area in addition to Florida scrub
jay (.4phelocoma coerulescensj consultation areas. Based on a review ofthe FDOT Environmental Screening Tool
(EST), the project will not encroach IJpon any sensitive habitat areas. The proposed project activities are anticipated
to have no impacts on wood stork CFAs. Due to the scope of work and urbanized setting and based on field
reconnaissance, there is no habitat to SUppOlt listed species within the corridor and adverse impacts to any
endangered or threatened animal species, other wildlife, or their critical habitat are not anticipated. 1n an email
dated July 16,2009, Jolm WrubJik of the I1.S, Fish and Wildlife Service concurs with "the FDOT's determination
Ihat the project will not affect Federally-listed species ".
Essential Fish Habitat
Not applicable. No Essential Fish Habitat resources exist in the project area.
Coastal Barrier Resources
The project is not located within a Coastal Barrier Resource Act (CRRA) area.
- 121 -
Community Sel"Vices
The corridor consists of
churches, schools and community parks.
properties will be maintained
activity that will disturb minimal land
occur during construction.
and tocal regulations and to the
Section 4(f) oHile Department of Transpot"tatlon Act
Two neighborhood parks and a recreat!onalpathWere identified
occuning within the extent of the existingGJty of Boynton
Redevelopment Agency (CRA) right-of-wayonly,llo adverse
anticipated from the proposed project activitiM. In addition, all
will be staged within the existing right-of-way and project limits.
Section 106 oftlle National Historic
There are historic structures adjacent
the State Historic Preservation
along the corridor in the area
not listed on, or been determined
Additionally, SHPO has provided
identified within the search area.
none of the identified historic
areas were reviewed dming field reconnaissance for the project area and areas in
A review of FirstSearchTM contamination databases was conducted to verify known
The results of the search found 13 sites within a ';,i mile radius but no sites directly on the
consisted of licensed hazardous or solid waste generators or permitted underground
of the FOOT EST indicated Florentine Marble lne was a toxic material release facility
east of the project near NE 6th Avenue. This property was verified using the US EPA
due to the location, and air-related release there should be no impact to the project. A
was produced by the Environmental Oftlce of FOOT District lV and has been included
memo.
impacts are anticipated as a result of this project. In the event that construction operations
abnormal condition tbat may indicate the presence iJfa hazardous materials or toxic waste,
to follow the latest edition of the FDOT Standard Specifications for Road and Bridge
8-49).
PllbU~ Hearing
NopubHc hearing or opportunity for public hearing is required, in accordance with Pari I, Chapter 8 of the FOOT
PD&EManual.
Controversy
No comfOversial environmental issues exist regarding this project.
- 122 -
Trees
No tree impacts are expected from this project.
Permits
Seacrest Blvd is a Palm Beach County
accordance with the SFWMD
400.215, may qualify for a No Notice
l. All works entirely in uplands
than two acres impervious surface,
surface waters on - or off-site,
2. All works entirely in uplands for roadgrading which iuvolveno
of existing roads, and which do not interrupt or impound the flow
permitted by this rule, subject to conditions.
All applications are in process.
- 123 -
- 17Z 1 -
- SZI -
- 9ZI -
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6. F
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 1 0-6-09
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION R09-144 - Approve the Bill
of Sale and Utility Easement; and also to release all surety for the water and sewer systems for the
former Eckerds Pharmacy located at the northwest comer of Boynton Beach Blvd. and US 1 in Boynton
Beach.
EXPLANA TION OF REQUEST:
The water and sewer systems for the former Eckerd's Pharmacy (now CVS) were completed in
2001, but a bill of sale and utility easement were never provided to the City. Surety in the
amount of $38,497.80 was posted as guarantee that the water and sewer systems would be
completed. Since completion, this property has changed ownership several times, and is now
owned by the Bermuda Company, which has furnished the referenced documents.
The Utilities Department has reviewed the conditions included within the bill of sale and
easement, and found them to be in accordance with its normal business practices. The
original letter of credit no. 10847 from City National Bank of Florida in the amount of
$38,497.80 may therefore be returned.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
None
FISCAL IMPACT:
None
AL TERNA TIVES:
- 132 -
None, the documents now furnished were the only outstanding items preventing release of
surety.
- 133 -
RESOLUTION NO. R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, ACCEPTING AND APPROVING THE BILL OF SALE
AND UTILITY EASEMENT FOR THE FORMER ECKERDS
PHARMACY; APPROVING THE RELEASE OF ALL SURETY
FOR THE WATER AND SEWER SYSTEMS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, upon completion of the former Eckerds Pharmacy (now CVS) located at the
northwest corner of Boynton Beach Boulevard and US 1, a Bill of Sale and Utility Easement were never
provided to the City of Boynton Beach; and
WHEREAS, since completion in 2001, the property has changed ownership several times and is
now owned by the Bermuda Company; and
WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to accept
and approve the Bill of Sale and Utility Easement and to release all surety for the water and sewer
systems for the former Eckerds Pharmacy located at the northwest corner of Boynton Beach Boulevard
and US 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby accept,
approve and authorizes the Mayor and City Clerk to sign the Bill of Sale and Utility Easement for the
former Eckerd Pharmacy property located at the northwest corner of Boynton beach Boulevard and US
1 and approves release of all surety for the water and sewer systems. A copy of the Bill of Sale and
Utility Easement are attached hereto and incorporated herein as Exhibit "A"
Section 3. That this Utility Easement will be recorded in the Public Records of Palm Beach
County, Florida.
- 134 -
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 135 -
l\., II
This Document Prepared By:
Robert A. White, Esq.
Law Office of Robert A. White, P.A.
140] University Drive, Suite 600
Coral Springs, FL 33071
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS:
That BERMUDA COMPANY, a Nevada corporation, having its principal place ofbusiness
in the County of Washoe and State of Nevada (successor by merger to Townhouse Apartments, Ltd.,
LLLP, a Florida Limited Liability Limited Partnership, pursuant to Articles and Plan of Merger
recorded in Palm Beach County, Florida Official Records Book 19953, at Pages 1530 through 1540)
hereinafter referred to as "SELLER", for and in consideration of the sum of One Dollar in lawful
money and other good and valuable consideration to it paid by the CITY OF BOYNTON BEACH,
County of Palm Beach and State of Florida, hereinafter referred to as the "BUYER", receipt of
which is hereby acknowledged by it, has granted, bargained, sold, transferred, set over and delivered
unto the BUYER, its successors and assigns, all those certain goods and chattels, described as
follows:
All right, title and interest of SELLER in and to the water and sewer systems
described on sheets 5-8 of the plans by CARNAHAN PROCTOR CROSS, INC.,
project number 990504, being the right, title and interest conveyed by Bill of Sale
of December 17, 2001 from BoyntonlFederal Development, Inc. to Townhouse
Apartments, Ltd., LLLP, a copy of which is attached hereto and incorporated herein
by reference.
TO HAVE AND TO HOLD the same unto the BUYER, its successors and assigns forever.
IN WITNESS WHEREOF, the SELLER has caused its corporate name to be hereJi,nto
subscribed and its corporate seal to be affixed by its officers hereunto duly authorized, this l::..!: day
of July, 2009.
Signed, sealed and delivered in BERMUDA CO:MPANY, a
our presence: ~-- Nevada corporation
prinY)ame: l Y,J,N p"f)r-~
-.-t-1~ S.r~~-
Print Name: "'El!.u<;E S. ~rrE;r
Page I of 2
- 136 -
State of Florida
County of Miami-Dade r1
The foregoing instnunent was acknowledged before me thisdcJ day of ) Vi-\, ,2009
by DAVID M. LLEWELLYN, as PresidentofBERMUDA COMPANY, a Nevada corporation, who
is personally known to me or who has produced as identification.
...., NIl- .... ,i..... y~
em '........"
C::.. . I' .1>>_ Notary Pu lic
My Commission Expires:
ACCEPTANCE BY BUYER
The foregoing is hereby agreed to and accepted by as
of the City of Boynton Beach, a political subdivision of the
State of Florida.
CITY OF BOYNTON BEACH, a political
subdivision of the State of Florida
By:
Print Name:
Print Name:
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ~ day of ,2009
by , as of the CITY OF
BOYNTON BEACH, a political subdivision of the Statc of Florida, who is personally known to me
or who has produced as identification.
Notary Public
My Commission Expires:
Page 2 of 2
- 137 -
This Document Prepared By:
Robert A. White, Esq.
Law Office of Robert A. White, P.A.
1401 University Drive, Suite 600
Coral Springs, FL 33071
EASEMENT
THIS INDENTURE made this~ay of August, 2009, by BERMUDA COMPANY, a
Nevada corporation, having its principal place of business in the County of Washoe and State of
Nevada (successor by merger to Townhouse Apartments, Ltd., LLLP, a Florida Limited Liability
Limited Partnership, pursuant to Articles and Plan of Merger recorded in Palm Beach County,
Florida Official Records Book 19953, at Pages 1530 through 1540), whose post office address is
P.O. Box 750, Reno, Nevada 89504, hereinafter referred to as First Party, to the CITY OF
BOYNTON BEACH, a political subdivision ofthe State of Florida, hereinafter referred to as Second
Party;
(Whenever used herein, the terms "First Party" and "Second Party"
shall include singular and plural, heirs, legal representatives and
assigns of corporations, wherever the context so admits or requires)
WITNESSETH
WHEREAS, First Party is the owner of property situate in Palm Beach County, Florida and
described on Exhibit "A" attached hereto and incorporated herein by reference, the "store property",
and,
WHEREAS, Second Party desires an easement for water and sewer utilities ami/or other appropriate
purposes incidental thereto, on, over and across the property described on collective Exhibit "B"
attached hereto and incorporated herein by reference, the "easement property", and
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each to thc other running
and One Dollar and other good and valuable considerations, First Party does hereby grant unto
Second Party, its successors and assigns, full and free right and authority to construct, maintain,
repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual
easement on, over and across all of the easement property lying within the store property for said
purposes, subject, however, to the following terms which Second Party agrees to by acceptance of
this Easement:
Page 1 of 3
- 138 -
1. The rights and obligations of the parties (and their successors and assigns) under that
certain Easement Agreement dated August 14, 2000 for reciprocal easements,
between BoyntonlFederaJ Development, lnc. And B-4 recorded in Palm Beach
County, Florida Official Records Book 11984 at Pages 651 through 662.
2. The following conditions precedent in favor of CVS EGL Federal Boynton FL.
L.L.C., its successors and/or assigns, as the Tenant under that certain lease
agreement of May 31, 2000 referred to in the Short Fonn Lease recorded in Palm
Beach County, Florida Official Records Book 11860 at Pages 1378 through 1381:
A. Second party shall give said Tenant at least five (5) days prior written notice
of any construction or maintenance on the easement by second party, unless
there is an emergency.
B. All of the water and sewer utility lines and other materials will be
underground, save and except fire hydrants connected to underground utility
lines.
C. During the construction or maintenance work, all efforts will be made to
insure that there is minimal interference with Tenant's business operations.
D. Second party shall at its expense, promptly and in a workmanlike manner
restore the portion of the property to the condition that existed prior to the
construction or maintenance performed by the Second Party.
N WITNESS WHEREOF, the First Party has caused these presents to be duly executed in its name
and its corporate seal to be hereto affixed the day and year first above written.
Signed. sealed and delivered in BERMUDA COMPANY, a
our presence: Nevada corporation
By:
Print Name:
(~,5~
Print Name: 15A.uc.e s: i!.e=A&s ~.s
Page 2 of 3
- 139 -
State of Florida
County of Miami-Dade
IV
The foregoing instrument was acknowledged before me this li day of August, 2009 by
DA VID M. LLEWELLYN, as President of BERMUDA COMPANY, a Nevada corporation, who
@sonalJy known to ~r who has produced as identification.
R~' Notary Publ;;; Stale of Florida ~
. . Michelle S Garcia-Rivera
." .I M~ CommIssion DD690521
~Of" Expires 06128/2011 My Commission Expires:
ACCEPTANCE BY SECOND PARTY
The foregoing is hereby agreed to and accepted by as
of the City of Boynton Beach, a political subdivision of the
State of Florida.
CITY OF BOYNTON BEACH, a political
subdivision of the State of Florida
By:~_
Print Name:
Print Name:
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this _ day of ,2009
by ,as of the CITY OF
BOYNTON BEACH, a political subdivision of the State of Florida, who is personally known to me
or who has produced as identification.
Notary Public
My Commission Expires:
Page 3 of 3
- 140 -
,
+ SKETCH AND LEGAL 0ESa'lIPT10N +.
BY
PULICE LAND SURVEYORS, INC. 11M
.. 5381 NOS foaL ROAD .
SUNRISE, R...OAIDA 33351
TELEPHONE: (954) 57.2-1777 . FAX: (954) 572-1778
E-MAIL: sur""ysOputicalandsu,."ayors.com CERTIFICATE OF AUTI-lOR1ZAllON LBjl3870
...L*=-~.A1tEOE:.::~
~l! ,r;OOTH uNe:V~T-<5F=WAY.
I I~
/ /~ j
I Is
1 J ;~ I? in I I ~
/ / t:ii!o Z UJ _.
I I 0"':' 6~~ l:g ~ ~ 0
...~- FZn ., ~.2:
~ r-. >-~ 0 ~
I / ;!;bJ~ ~50,...: l~.. gj I I ~
I I >-.:ia. UOal - ....
~~. g<lI...5 .;u ~ .. ~
I I Jt~oo mlroo I r-. ,... ~.'
i5F:. w~CD r-. '" [;
{ /",,;: ~,o:}- ~ ~ SIll:
/ l~""d a::~~ ;....;.... "" M
<- ~ ~ 0 0 Z ~
, I ~5 n. z tIl ~ . a
I I~fi: ~I>-
I {J S88'55'15"E 12.00' \! i
I II N011J7'17"E 86.00' . ~
I~ S011J7'l7"W 76.00' ~ ...J
_~___L_L- I~
_ NORlH RIGHT-oF-WAY ~ - - N88"55'1S.W
8 PONT Of" ~ 1 .
N011J7'1iE 40.00~ 98.84 $88'55'15"E 71.65' - ~
~ . "SOutH ~SE'c1iOii"'i1-45-4.l::;"-- - . 'L:- ' - . ;-- . - - - - - .- +
N88"55 lS-W 279.9.3'
BOYNTON BEACH 8Oll.EVARD (STAlE ROAD NO, 804) (N.E. 2ND AVENl..E) /
POlNTOFca.~/
s.E. COONER SECllON 21-45-43
NOTES:
1) BEARINGS ARE BASED ON THE WEST LINE OF SECTION 3 BEING N01'12'16"W.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FlELD SURVEY.
.3) THIS SKETCH IS NOT VALID WITHOUT THE SJGNA TURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
4) O.R.B. DENOTES: OFFICIAL RECORDS BOOK.
5) <&. DENOTES: CENTERliNE.
ALE: ~ LAND DEVELOPMENT n.ns DOCUMENT IS NEITHER FULL NOR
SCALE: 1"-80' COMPLETE WITHOUT SHEETS I AND 2
ORDER NO.: 51447
DAlE: 07/23/07; REV. 11/27/07; 12/04/07
UT1UTY EASEUENT F. LICE, PROFESSIONAL SURVEYOR AND MAPPER lS2691
o BETH RNS, PROfESSIONAL SURVEYOR AND MAPPER lS6136
BOYNTON BEAa-l, PAI..M BEACH ca.NTY, R.CfIDA 0 CHARLES E. CLARK, PROFESSIONAL SURvEYOR AND MAPPER LS6434
FOR: ECKEAO SITE STAn:: OF FlOR1DA
- 141 -
,
.
+ SKETCH AND LEGAL DESCRPTlON ~
BY +
PULICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, R..OAlDA 33351
TELEPHONE; (954) 572-1777 . FAX; (954) 572-1778
..-j E-MAIL: sucveysOpullcelondsucveyocs.com CERTIFICATE OF" AUTHORIZATION LB#3870
LEGAL DESCRIPTION: UTILITY EASEMENT
A PORTION OF BLOCK 7, "ROBERT ADDITION TO TOWN OF BOYNTON", RECORDED IN PLAT BOOK
1, PAGE 51 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A
PORTlON OF THE 20 FOOT RIGHT-OF-WAY DEPICTED ON SAID PLAT, VACATED IN OFFICIAL
RECORDS BOOK 11424, PAGE 825 OF SAID PUBLIC RECORDS BUT RETAINED AS A UTILITY
EASEMENT, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST
AS DEPICTED ON SAID PLAT; THENCE NORTH 88'55'15" WEST ON THE SOUTH LINE OF SAID
SECTION 21 FOR 279.93 FEET; THENCE NORTH 01'07'17" EAST 40.00 FEET TO INTERSECTION
WITH THE NORTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD NO. 804)
(NORTHEAST 2ND A VENUE) AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01'07'17"
EAST 86.00 FEET; THENCE SOUTH 88'55'15" EAST 12.00 FEET; THENCE SOUTH 01'07'17" WEST
76.00 FEET; THENCE SOUTH 88'55'15" EAST 71.65 FEET; THENCE NORTH 00'02'36" EAST 11. 70
FEET; THENCE SOUTH 89'42'24" WEST 65.74 FEET; THENCE NORTH 01'28'27" EAST 250.56
FEET; THENCE NORTH 84'35'50" EAST 59.22 FEET; THENCE NORTH 02'20'34" WEST 12.61 FEET
TO THE INTERSECTION WITH THE NORTH LINE Of SAID VACATED RIGHT -OF -WA Y, ALSO BEING
THE SOUTH RIGHT-OF-WAY LINE Of NORTHEAST 3RD AVENUE; THENCE SOUTH 88'55'15" EAST
ON SAID NORTH LINE AND cON SAID SOUTH RIGHT-Of-WAY LINE 15.03 FEET; THENCE SOUTH
02'20'34" EAST 25.93 fEET; THENCE SOUTH 84'35'50" WEST 60.14 FEET; THENCE SOUTH
01'28'27" WEST 221.79 fEET; THENCE NORTH 89'42'24" EAST 65.35 FEET; THENCE SOUTH
00'02'36" WEST 37.06 FEET TO THE INTERSECTION WITH THE SOUTH LINE Of THE
AFOREMENTIONED VACATED 20 FOOT RIGHT-Of-WAY AND NORTH RIGHT-OF-WAY LINE; THENCE
NORTH 88'55'15" WEST ON SAID SOUTH LINE AND ON SAID NORTH RIGHT-OF-WAY LINE 98.84
FEET TO THE POINT OF BEGINNING.
CONTAINING 7,900 SQUARE FEET, 0.1814 ACRES.
FILE: UNIVERSAL LAND DEVELOPMENT SHEET 2 OF 2 THIS DOCUMENT IS NEITfiER FULL NOR
SCALE: N/ A COMPLETE WlTHOUT SHEETS 1 AND 2
ORDER NO.: 51447
DATE: 07/23/07; AEV.11/27/07i 12/04/07
UllLITY EASEMENT
BOYNTON BEACH, PALM BEACH COUtll'Y, R.ORDA
FOR: ECKERD SITE
- 142 -
Palm Beach County Property Appraiser Property Search System Page 1 of 1
~-: ' ~- '\ ".' ~ ~ ':' ~ ,'1-'. r :- J r ~;:. :: E" -:; F t ... ::-.:- ':: ("~
I ~2."'o~
Property Information
Location Address: 301 N FEDERAL HWY
Municipality: BOYNTON BEACH I-.l
Parcel Control Number: 08-43-45-21-26-007-0020 ~
Subdivision: ROBERT ADD TO TOWN OF BOYNTON IN
Reverse Side
Official Records Book: 12689 Page: 1076 Sale Date: Jun-2001 Help
leGal DescriPtion' ROBERT ADD, ELY 81.11 FT OF BLK 1 LYG N OF & ADJ TO BOYNTON BEACH
. BLVD R/W, BLK 8 (LESS S 40 FT BOYNTON BEACH BLVD
Owner Information
Name: TOWNHOUSE APARTMENTS LID t ....., -_..... ,-
Mailing Address: 4649 PONCE DE LEON BLVD 403
MIAMI FL 33146 2121
Sales Information
Sales Date Book/Page Price Sale TYDe Owner
Jun-2001 12689/1076 $3,243,383 WARRANTY DEED TOWNHOUSE APARTMENTS LTD
Aug-ZOoo 11958/0893 $260,000 WARRANTY DEED BOYNTON/FEDERAL DEV INC
[ Exemptions ]
Exemption Information Unavailable.
Appraisals
Tax Year: 2009 P Property Information
Improvement Value: 1 276 71 *Total Square Feet: 0
Land Value: 1 971 63 Acres: 1.5087
Total Market Value: 3 248 34 * May IndlCllte living area in
Use Code: 1400 Description: SUPERMARKET/ tial properties.
All values are as of January 1st each year P = Preliminary Values
Tax Year:
Assessed Value: ."~.q. . ._ , .
Exemption Amount: .
Taxable Value:
Taxes
Ad ~~~o~::~ i_~
Non Ad T~:~~~:':: !"~~1UT.
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option In the browser to print the
deblll on one p.ge.
http://www.co.palm-beach.fl us/papalaspx/web/detail _info.aspx?p ~ entity=08434521260070... 9/8/2009
- 143 -
Retum to: (endose self-add188Sed 1~8Tr1ped envebpe) 1IIII Dill Dill miD. D 11111I
......
CFN 20060~03555
A:i;t"iIIIM; OR BK ~9953 PG ~530
RECORDED 02/21/2086 1~:45:e2
Pal. Bvach CD~Dty. Florida
Sharon R. Bock, CLERK & COIIPTRa.l.EJI
Pgs 1530 - 1548; IllpV81
~o of JI
~ ate. C', Or'
~ ,', --~ llla
~: '.~. "~~'"
,'1 ..
~ ' , 4.
~tPartml'nt nf &tlttt
'-'~
'~
~
I certify the attached Is a t~ correct copy of the Articles of Merger, filed on
January 18, 2006 as shown the records of this office.
~
The document number of the s mcorporation is 827512,
~ ;?':",
V...--,-~
.' /'
~o
:;..-'" ,,-.-;::-,
~.;;..:; i t,
, .5>~"'"
~;;IT
( /'\,,)
0::.'
~
'.7\
CC?-),
~
~~(~~
~
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the ClWitol, this the
Eighth day of Fetiruary, 2006
5"<<.. ~ G...!-
~ue~ nhh
GRl'I"022 (01-00) ~t'n"ebIrl;r ttf~btte
Book19953/Page1530 Page 1 of 11
- 144 -
._, -~ -~
d'
0
, 0 , ,
. ,
> FILED
0 ARTICLES AND PLAN OF MEAGER. . - " .
., Three Florida Partnerships into Nevada Corporation 06 JAN f 8 PH 4: 2 J
. ........ 1U't/31 ~z.. :$t~~ "ATE
" A.ZAI:EA PLAZA, LTD. LlLP, A.lRL HOTELS, LTD. LLLP and ' ~'.I'
.. -. A V/I~ AI' ARTMENTS, LtD. LLLP into BERMUDA COMP ~ '. FLORIDA
~:
\
.. . . _~ no.. Ani"..."" Ploa of_. "".. '""",.!L ""'" an> "'..... Wlo by
. , ea Plaza, Ltd. ILLP. Airliner Hotels, Ltd. LLLP and Townhouso Apartmenls, Ltd.
. , three Florida Umited liability limited Partnerships (hereafter sometimes refen-ed
._ . "'" the "Florida Partnerships'18Ild Bennuda Company. a Nevada corporation (hereafter
. '~'1ffS referred to u "Bennuda").
.~
. <.....~ RECITM.S
~/.
.. . -. ~,..", <=Bermuda Company is. B.oorporation organized, existing and in good
. ,. ,. . Stand.i~the laws oftbe State of Nevada.
'<,? v
. ", , li-J ~ ;, ,"'ow=o1. 9...._ ..... _",". """'" ;"Akf""
Hotels. ~':\~ a 99".4 limited partnership interest in each of the other two Florida
- Partnerships.
~~
: - c.~ partnership interest in Azalea Plaza. Ltd. LILP is owned by
- -. its 50tC general p ~ Fear COlIlpJ.llY. a Nevada cmporation.
. ._ D. The :=1% partnership interest in Airliner Hotels, Ltd, LLLP is
.. owned by its sole g rtner. Big Flag Company, a Nevada corporation.
" .
E. The other l~~P interest in Townhouse Apartments, Ud. LUP is
owned by its sole general JW1n~ Elizabeth. Inc.. a Nevada corporation.
~'<~
- . /'
. F.. The sole voting~. the Board ofDirec:tors ofBenlwda have
- . ~opted unanimously the following ~tlw merger of the three Florida partnerships
mlo Bennuda: V: <.....:;-:~,
~,\ l'i
.... PL~.~it6a. .
~- .. 1. Bermuda on forthwith acq~'tbtire~ partnership interest in
eacl1 of the three FloridA Partnerships from the ~cr of said genMII partnersl1ip
in.erest, so that there shall be no outstanding int I t ownod by Bermuda, the
- surviving entity.' .:~
~
2. Thereupon, these Articles and Plan of ~ ~al1 '00 filed with the Florida
- Department of Stale and the Secretary of State cfNeya((l!l~ xordance with the laws of
.. the respective jwisdictionll authorizing the merger of Ro~hiPS into Nevada
- , coll'orations, to ~ effective in both jurisdictions on J~ 6.
-. . / \
~
1
Book19953/Page1531 Page 2 of 11
- 145 -
-- -
.
, , I .
:--
. 3. . Then, pursuant to Section 620.204, Florida StatUtes, and thQ:.applicable
, laws of the Slate of Nevada, the title to all real estate and other property. or any interest
therein, owned by each of:he three f10rida Partnershipi sI1aII vest in Bermuda Company,
which shall be the SJJCYiving entity.
....,
. -. 4. A certified ropy oftbcse Articles and Plan of Merger shal~be recorded in
-
.. ~""" io wid'" on, "II< """ Pkxida Po.""""_ on """"" ;. "" """"'Y.
o \i FURTHER ARTICLES OF PARTNERSHIP
_. \~ 0' Both ofthconfy two partners oreacb of the F\orida.Partnmps, by their
- ~below. _. '''Yond 011 "'''" of.., _1<'- w>b """'" to tho
. . ---. of the foregoing Plan and signify their approval ofdtc PIan.
.. ~1'\ 0 As r=ted above, the Plan has been duly approved by Bermuda in
: : ' acco~h the appficable laws of the State QfNevada. As lWideace thereof; lbcrc is
: .. atta and incorporated berein by reference IS though set out in full at this point
the Artki ~ of~MEer beiog ffiec;l with the Nevada Secretary of State (which filing wiD
. m.do~..m. _._of__ond_ofM.'.'''''.,,,,....
duplication evada form.) The address oftheprincipaI office ofBem:wda in the
State ofNev t'~)>UOW5;
~~
c., \: e 416, U. S. Bank Building
. _ o~ast Liberty Street, Reno, Nevada 89501.
(-~
7. There ~SSCDting partner in any of the three Florida Partnetsbips. If
any such dissenting partner ~ be for1hcoming. Bermuda Company shall be deemed to
"'..__the Flori... Bi-" ......t "" """",of""",,,i..
proceeding to enibrce any 0 ~ r the rigbts of dissenting partners of each Florida
.' Partnership that is a party 10 ~ and Benuuda Company has agreed to promptly
pay to the dissenting partnCl"S of~l}a;la Partnership that is a party to the merger tho
....om, if "'Y. t. wtich lhoy .. ~ _ 620.205. fuido S........
\\. .-...
.- . 8. Pursuatlt to Section 62 t"F.J~ Statutes. these Articles and Plan of
.- M''Y' ,""- "20" fiO.. with tho l'lo~ of_....' """""', of
Cancellation for each of the Florida . ~ is II party to the merger a.od each
such Partnership Certificate oflimited P \1 shall be caooeUed as of January 3t.
2~. ~~~
......
AZAI..E,A PLAZA, LTD. LLLP, by its TO ~APARTMENTS, LTD.
sole general partn~, Cape Fear LUP. yitf Ie general partner, Chateau
Company,a Nevada corporation Eli "-. :.~ Nevnrla corporation
.. B.x:~::z-d~. ::;:1'<1'- jlfln- ". (_,.i/." .
.. BY:~~~.a .
...
. . Obert R. Bellamy, PrcSidmt \. R ~___/~. Presidenl ")
/r
~
2
Book19953/Page1532 Page 3 of 11
- 146 -
.
. . . :
. I .
;-
- AlRl.lNERH9TELS. LID. L1J..P, by BERMUDA COMPANY, a Nevada
its sole general partner, Big flag oarporatioll
~ - Company, I Nevada corporation
... BY: ~ ~. ~L (" "=<-" By:n'?_1.;r:j ~;j;f . ..
.-
, \.
.- .'
Ro It It BelJamy, President ~ Robert R. Bellamy. Pre .
. . ~OFPLOBlDA '
. . ~OPMIAMI-lliJlE
,"' ~
-;-
. ..o:.r]\
~J .'The foregoing instrument was atknowledged before me this ~ day of ~!lIl11ary,
,. . c'" ~TR. BELU.MY..__.rCopop"''''''''''''''....._
."" partn ea Plaza. Ltd. LLLP, a Florida limited liability Iimited partnership, who
.: . ',11 nally known to me or _ who has produced as identification 8
- ,.'--' issued by . .
-- (""~
.~:..
.. . MyC
. .. res:
..
... :' -...:- 5i:' R1C1W1) Jl ~.., 'J,-I!,.,z ,
\t..~ 1olY=, ~ . .- I~..d . - .~
- . N ARY PUBLIC. State of Florida ~ti&xc
~1III't R~_'
~~
STATE OF FLORJDA ~ 0
COUNT'l OFMIAMI~DADE (~~
\::::::.~
.",
V~;-'7
Th. ~........... fi bolbre...u;, ...@...d'l'ofJ>nwuy, -
, , 2006 by ROBERT R. BELLAMY as .of Big Flag Company &uole general
p/lrtnl:!: of Airliner Hotels, Ud. LLLP, , ~~lcd liability limited partnership, who
. -' .. ~ is personally known to me or ~~o has produced as identifu:ation a
., : ,- ~~ issued ~y .-
-. \ \ '
.' My Commission Expires: ~~
. ~ AJCHm)J,~ :' ~-IkL
-- dO.. \; ..,1.tY~'llDWI21Z . ~
.eo EXPRl8t.b>e~~ ". n..'
- ..~. ~-.-............ NOTARY PUB ~c of Florida zt Large
- (. I'
~~~j)..
/Q
, \{-'~_V~
,("
~
'-' .
3
Book19953/Page1533 Page 4 of 11
- 147 -
-
." ..." , I .
":'-
.. STATE OF FLORIDA
COUNTY OF MIAMI-DADE.
The furegoing jn&t111ment was ar.knowledged before me this I~ dJ.y orranuary,
. ." ,.... 2006 by ROBHRT R. BELLAMY as President of Chateau Elizabeth, 1nc. ~ sole genem.l
~er of Townhouse Apartments, Ud. ILLP, a Florida limited liability tinlited
- , . necship" who V is personally known to me or ~ whp has I!fOduced as . _
. _ . I "fica/ion a . ~by
':!-.-' '
.", ~--P J~/~ '. _~ '.
. _". NOTARYPOBLIC, Sf4tc of Florida at Large
--.... ".;. STATE~~ 2M~~
COUNTY 0 ~DADE IFill EXPIRB:,lfta:UD:lII
-- fUI<ooop-.-......
n'_ (f-\\
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The foreg ;-'" eut WM acknowledged before me this ...L:2.... d.a19f IarllJaIy. ._
2006 by ROBERT It lIB PreSident ofBennuda. Company, & Nevada
.. - - ~IP?l'll:ti~D. who ~~~ rsonally known to me or _~ho ha4,produecd as
IdentlflcatiOn a issued by . . .
'. - My Commission Expires:'
..... ,.~~::~ ,J.-II~ ','
__ ...--..-&-.a.... /~UBUC. State of Florida at Large
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.i' .,. o'bdlom)"olo~orti<l""",,,,~ ((\~V f=f,3 ~
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Book 19953/Page 1534 Page 5 of 11
- 148 -
, DEAN HELLER
8'., Secretary of Staie I
.~~~, . ",' Z04 Nom Carson Street. Suite 1
,. Carson City, No-v.da 89711t-429lli
. . Ins) 684 5708 ,
'.'-..... WBbslte: secretaryo(s!ale.biz
.....
Articles of Merger
~PURSUANTTO NFl$ 92A,200}
~ Page 1
~_._._~---'
,.,/ urS\lant to Nevada Revised Statutes Chapter 92A)
." rQ\ (excluding 92A.200(4bt)
'~j~
1) Nime and jUrl~-Q, of organization of each consUtuent entity INRS 92A.2001. II there are more
thanJour me(~~itieS. check bo][ 0 and 4ltl:ach an B'I." x 11" blank sheet containing the
required Infor~r eacn .,dditionalentity.
AZALEA PlAZ~D. LLLP
Name of merging it
Floi'ic1;; V'\ limited Partnership
Jurisdiclion Y':::0-::7 Entity type .
AIRLINER HOTELS'.0D. lllP
Name of merping li!ntity .~
Florida <rc>~ limited Partnersh1p
Jurisdiction . ..s Entity type .
-.i\
TOWNHOUSe APARH1ENTS, (r!}i lllP
Name of merging entity . (\1-
Florida ~~~ Limited Partnership
Jurisdiction \f ;::;'7 Enlily type.
c?Y 0
~
Namlf of me'f1;ngentlty /,:.....)\
t'---:> J" "J
\l j
Jurisdiction V/~ type ~
(. \
~\
and, 7?70
BERMUDA COMPANY ~_
Name of surviving entity .;~
Nevada Cor r'1ion
Jurisdiction Entity IYPo/':(r-')
\(/I'~
. Corporation, non-profil corporatjall. limited pannerlihiP, limited-liability company~' ss trust.
. . ~~ .
T1'I rs fCWIn mu,A [ b..' <ilc'c;c mp......'ed by apprQpr;iJle ,"~T .M...;(-a:L ;ti.unl.'II''"i '101 ::;;lol~-III.o101'l'i Mrr!lllf ;.I~.;;.:
~~ l':._,"'lIIt1!utJ':''-'''l.''Oo.;
Book19953/Page1535 Page 6 of 11
- 149 -
. , DEAN HELLER
. .....my ofSb" I ,
-~~' 244 North Carson Srreet, Suile 1 :-
' Cal'lllon Clf)!, Ne...ada 80701-4299
, 177Sl 684 5708
'~...l. 'Webslte; 5ecre!aryofatate.biz
..,
Articles of Merger \
PURSUANT TO NRS 92A.2001
Page 2
-, A9O'iE SI'ACI! IS fOR OFFICE II~E rail" 't
2) Forw"" dii address wIlere copies of process may be sent by the Secretary of State of
Nevad ~ "~eign entity is the survivor In the merger - NRS 92A.190):
~j':--'
I\!tn~ rJl/A .
...J:'-
\';1m
<"1 2>
~...... .}
~~
3) (Choose one) ';"--::::::-5)
Ul ~.
" The undersigned ~t a plan of merger has been adopte(t by each Cl>nsUtuent
entity INRS 9iA,200 ~
o The undersigned deCla~iI pl..n of merger has b~n adopted by the- parent domestic
entity (NRS 92A.18111 0 '
4) Owner's appl'ov.al (NRS 92A.200"~ a, b, or c: must be u:>ed, as applicable, for each entityllif
ther.. are more than four mMging 6titlA,s, cheek bOll: D and at1ach I!In B y.~ J[ 11" blank lilleet
o;;ontilinjn~ the required information ~ <Iddltional entity): . ,
, ,\-,
la) Owner's approval was not required fr~.
.-'~7
~O
Name of m..rging antity, if applicable ~.:5'".~:::,;,
!;( ,.'-";, ,,\.,
""- 5....."""iv
Name of merging Ill'ltity, If applicable y:>"
*" /.-"';'"
I (\~))
Name of merging entity, if applicable ~-
rf??
Name Df merging entity, If applio;;able ..~
and, or: << (,
~;::.-.~~
Na~e of surviving elltlty, If applicable ((),
~~~
~'
filing fae $350.00 <:"&~ '
nus fo,.m mu-,r bl!l acC'ompsn.ea' b~ /tppr'tJjJrlblc f~es.. ~,,::,..r,;iihl=-tI'l'.sI"~'A..,~wry.r;~]
- ~ P,o:"1'l~fjJ ~m- .p.>n;,i~
Book19953/Page1536 Page 7 of 11
- 150 -
. D"N HELLER
, Secretary of State' >
. . <.. 20. Nolt" Carson Streel, -Q,utte 1
. . Carson City, /IIell<ld~ 1I97lM -419:1
. (ns) 684 5708
. '" Webslle: sQcrelaryollllate.blz
~
Articles 'tJf Merger
PURSUANT TO NRS 92A.2DO)
Page 3
. ~~ ._..._,.~"~ . . - ~
-.----- - -.--,.....
, ..-
/.f(}\
'~)':.r-
(bJ The plan w~~ by the required consent of the oWners of":
~
AZAL" P. ZA, LTD. lllP
Name or meiging ~tity. if appJic.ble
AIRLINE."/':' LS, LTC. LLLP
Name of merglti if applicable
TOWNHOUSE~' tiTS, L TO. LLLP
Name of merping en ~ plicahkl
Name of mflrg;ng amity, ~cable
and,Or, ~~
((,~
e ER1~U DA COMPAtlY \.'-:, \ 'J;)
Name 01 surviving entity. if appIKa~~-.>
c2'.~O
~"'".-::-.
\( .,.y {I.,
~ j....,...,.
v(60)
. ~~
I~
. Unle~s Cllherwioe proVided in t1", ocnifiClI. OftIWI or 8o'eming il\$U\Jffielll j;" usincss [nJS{. II merger mU~1 b. approved b~ .11
the trUSlee, and beneficinl Owner> of each bu.~iness Il'1m Ina! is /I constimenr cnlily i~gcr.
( ',.
:::> ''':y,
~/-)
l." )"
. ~~)
. ~ -.'/).
T~ i., form mu:st b. a<compa"j~<1 by Jtppropri"C'<> fr..... ~~. '''''''''' ., ..... A'" ......' ,m
R..",,11o"" On: 'C,rl.'L'';j;lj
Book19953/Page1537 Page 8 of 11
- 151 -
. . DEAN HEL.LER
e'"... SecfetaryofSt3te I
,.~-t ~o.. 204 NOr1h Carson Street, Suit" 1 "-
',~ Car&on Cil)l. Nevada 89701-4299 .
" , (7751 15 S4 5108
......'-. Website; secrota1j'ofstate.biz
~
Articles of Merger \
PURSUANT TO NRS 92A.200)
Page 4
\~ 0 ___""'.""""'~"~-""'._
,. ;>
/
....(~
\~~) ?
t...O
;/';'
re) Approval ~~erger for Nevada non-prom corporation (NRS 92A.160):
'.~
The plan.of merg~r been approved by the directors of the corporation and b}l each
PUbliC otrlCef llrl!1 ~ on whose approval of the plan of merge/Is required bYlhe
articles' of Incorpa .01 the domestic corporation.
~(.-)\
./ ?
~~
Name of merging entity, i(~ble' .
V
Name of mergJng entity, if aPPI~
\~~
.'^~
r I .:J J
Name of merging entity,if apPlica~~
v-
" "7
~'\).O
Name of merging entity, if applicable ~:;?-'\
\;/ $'';''.)
v::./
and, or; V'((,. . ~"
(\\11
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Name of surviving entity, If applicable
':7)
f( ',.
\:..:> ,- S\
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---"/5l
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TlJi:; 'arm mun b. accompan;ed o.y 4Rproprl.te f~'. ('\ _j/L~.';, ~r,;riC:""ry.;,,1 :'='t;lI~ AM ......'11"". ~..;~.~
~~ ":DVIs.eo1f111 UKl~"l:=
Book 19953/Page 1538 Page 9 of 11
- 152 -
,., DEAN HELLER
.' Secretary Dr State ' ·
" ':'{.. 204 North Ca~on S~', SuIte 1 .....
,. C.rson City. Nevadll1l9701-4299 .
. (n51 Ga. ST08
".",. Website: 8.eretaf)'oISlale.bi~
-.
Articles of Merger \
PURSU.A.NT TO NRS 92A.200)
Page 5
------' \;2)7).Q . . ... ..... . AIO\'!SP.eElS.~DfFICeu'~o"'"
~' , --
. .
....-
5) AmElnrJ~, if IflY. to the articles or <<:Grtllicate Dfthe surviving entity. Provide
artlele'Mnf1bers, yvallable. (NRS 92A.200)";
\.~ NJ A
'.;'7 ,)
\ "
" .J
1',
~~,
( ,"
\y~~
6) Location of Plan of Merge~ a or b):
.---L... (a) The entire plan of mer~~ched;
Dr, ((0)\
.~~,
_ (b) The entire plan of merger IS ~~ registered offICe of the surviving
corporation, limited.liability comp~v.e .' si S5 trust, or at (he records office
addteSs if a limited partnen;hlp, Dr ~ ~ of bU6io~s of the surviving entity
(NRS 92A.ZOO). /"" )'-.7""
~ , .\
\{ ,'., '."
, 5.'v
." >
7) Effective date (Optional)-: J /I n u & r y 312~16
. Amended and re~tated articles may be attached as an exhibit oZf::'~ into Ihe artic:les 01 merger. Plsase
entitle Ihem "Resrated" or "Amended and Restllt&d: accordingly. ~~~o accompany reslated articles
prescribed by tile secretary of state must accompany the amended af'(ll""t1t lated article3. Pursuanllo NRS
92A.180 (merger of subsidiary into parent- Nevada parent owning 90. "r T91e of subsidiary), the articles of
merger may not comain amendment$ Ie Ihe cOllsbluent documents of t M~ng enltly except that the (lame of
Il1e surviving entfly m!lY be changed. (~)'
'I...;: 4-'" /~
- A merger takes effect upon filing Ih" anicle5 of merger or upon a laler da~~cilled in the articles, whicn
must nol be more lhan 90 days after Ihe articles iilre filed (NRS 92A.240).'t AU) .
, 'J "-=.//>
nus '"rm mU,IE b.. :"~(;'Olf!l;rm/ed by appraprillle f..s. . (\ }/L'.1\"'(UJ ~C'",..,,"t~ f.~~~"r" Alii'! M,r!ll'1 ,n'.l
~ ';t'"".e,:j.c.".lj,,.~~
Book19953fPage1539 Page 10 of 11
- 153 -
, , , . DEAN liELLER
. '~w"'"f .IS.." ' ,
,"{ 204 North Carson Street, S~t.. t
Caraon City, Nevada 89101 199
InS} 6114 !i706 ,
~. Website; :;ec:relaryofstate.tilz
-.
ArtIcles of Merger
PURSUANT 10 NRS 92A.200)
Page 6
,I.IIQV~ 11".a- m- FOfIl OFFICE USE CNl. 'r
8} S' ~ Must be signed by: An officer of each corporation whether Dr nDt for profit; all
gen IJ' ers of each limited partnership or Ilmlted.Jialtillty limited partnership; a manlSgllr
of ea . ltW.Jillblllty company with man.~ or by one member if with.out managers; a
trustee ~jQ,S5.trust; a managing p;ilrtnerofalimJted-liabillty partnership; by one partner
of a Slen ~r'hiP'. (if them uv more than four merging entitles, cfMIck bOll D and
attach an .~. .' 1"blBnk aheeteontaining tile mquit'ed information for each additional
entity. I: <J
r--.
.p
(Nev.).
Partner 1 I/~ I 06
Date
..V.).
1 1(>1~6
Date
p. ~ CJ.!.~.t~
Ignature RoiNrr R.
Name C1f merging etlUty \{ ..' -
....~ ':.. 1 'L
~ 5" ~-..- .
~t6~ 1_1-
Signature Date
BERMUDA COMPANY {(7-=J0 .
1.-/
Hamll of surviving entity '(i"
:Y~_./2..... "7 . ('____ Preside <--; I I..!.!..L.!2..6
Signature Robert R. Bella Title .....c~'::..'n Date
. T"" .";d~ .f ~....' m,,". "',.. 0' ~'" f~.",M.U,"Mf."" '0 '~" .,~"... Oy" ".
governing It (NRS 92A.2JOl_ Additional signature blocks may be added to this -OJ S en ElllElcj"1ment, as needed.
IMPO~TANT: Failure to include any of the above information and submitlhe ~ may cause this filing to be
rejected. ' ~ .
TnJ& form m~l5!' b.. "cC'ompaJtied by apprlJpriatra (...~. r'\ :.r ::!!'.ilUI :::J.~'III1MJCll .'IolItI.IIM"'wortl!-e, 4l!'J.J
~ oiI....I.....f1,.:'1t1!\'l)ID!I
Book19953/Page1540 Page 11 of 11
- 154 -
(THIS PAGE INTENTIONALL Y LEFT BLANK)
- 155 -
6. G
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF X CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Appropriate $446,722.50 from the Fuel Island
Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required
Fuel Tank Replacement Project (project #RP1001).
PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the Palm Beach
County School Board (#09C-018K) with Lutz Petroleum Equipment Installations, Inc. for removal and
closure of four (4) existing underground 10,000 gallon diesel and unleaded underground fuel storage
tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil
tank located at the Public Works Complex. Work to include installation and start up of a new above
ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon
hydraulic and waste oil tanks. Total project cost with options is $425,450.00 plus 5% contingency in the
amount of $21,272.50 and is funded from the Fleet Maintenance Division account #501-2516-519-6325
(project #RP1 001).
EXPLANA TION OF REQUEST: The Public Works Complex is the location of the fuel island for all City
vehicles. All vehicles are driven to this site for fueling Underground and above ground petroleum
storage tank systems are regulated by the Palm Beach County Petroleum Storage Systems Ordinance
which directly follow Chapter 62-761, Florida Administrative Code. This Ordinance requires the
upgrade of underground single wall petroleum storage tank systems with secondary containment
(double-walled) tanks by December 31,2009. The purpose of the Ordinance is to minimize the
occurrence and environmental risks of releases and discharges into the soil and corresponding water
tables. Given the adjacent residential uses, the work is important to complete as soon as possible.
Staff is recommending that the existing underground tanks be replaced with above-ground, double-
walled steel tanks. This action will eliminate future concerns for tank leaks underground. Most notably,
use of above ground tanks will allow for tank relocation to any new Public Works site that may be
constructed in the future thereby yielding considerable savings. Although surface space at the current
- 156 -
Public Works Compound is in scarce supply, staff has identified a median location for the tanks such
that vehicle movement at the site will not be impaired. Furthermore, placement of above ground tanks is
a fairly rapid process allowing for minimal downtime of fueling operations.
Non-compliance for either the removal or closure of the underground single walled tanks by December
31,2009 would result in penalties from the State. The vendor has identified a schedule of II-weeks for
completion of the project.
The project costs areas follows:
Item 1: Design, Permitting, Closure Assessment & Other Professional Services
$ 33,500.00
Item 2: New Fuel Equipment - Tanks, Dispensers & Associated Equipment
$199,450.00
Item 3: Site Work - Concrete Pad, Drive Slabs, & System Installation
$115,800.00
Item 4: UST (tank) Removals $ 42,000.00
Item 5: Repave Former UST Area $ 18,000.00
Option 1: Replace underground waste/hydraulic tanks with two 300GaL double-walled
$ 2,700.00
above ground tanks
Option 2: Tank Stairs (for access on top of tanks) $ 9,000.00
Option 3: Top of Tank Fill Port w/Spill Bucket $ 5,000.00
COST $425,450.00
5% Contingency $ 21,272.50
TOTAL COST: $446,722.50
The vendor for this project was selected from the Palm Beach County School Board Bid, #09C-018K
Quotes were received from three of the five vendors on the contract with Lutz providing the most
comprehensive proposal at the lowest cost. The Palm Beach County School Board Contract complied
with Public Contract bid requirements equal to or which exceeds the City of Boynton Beach's
requirements.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Replacing the underground storage tanks with
aboveground storage tanks allows for portability in the event the Public Works Complex moves in future
years. Additionally an upgraded fuel tracking system will allow for tighter controls and improved fuel
management.
FISCAL IMPACT: Funding for this project is available in the Vehicle Service Fund, account number:
501-0000-389-92-00 Net Assets Appropriated $446,722.50
501-2516-519-63-25 Improvement Other than Bldg/Fuel Tank Replacement $446,722.50
The funding and contingency shall be sufficient for this work. This does not contemplate removal of
large quantities of contaminated soil. This is an unknown at this time.
- 157 -
AL TERNATIVES: To close the fuel tanks as required and fuel off-site at local fuel facilities located in
Boynton Beach
- 158 -
RESOLUTION NO. R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
"PIGGY-BACK" OF A PALM BEACH COUNTY SCHOOL
BOARD RFP #09C-018K WITH LUTZ PETROLEUM
EQUIPMENT INSTALLATIONS, INC., OF POMPANO
BEACH, FLORIDA, FOR LABOR, EQUIPMENT AND
MATERIALS FOR THE INSTALLATION AND START UP OF
A NEW ABOVE GROUND STORAGE TANK SYSTEM AND
REMOVAL OF THE CURRENT UNDERGROUND STORAGE
TANKS FOR A TOTAL COST OF $446,722.50, WHICH
INCLUDES A FIVE (5%) CONTINGENCY; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, City staff has confirmed that the County of Palm Beach has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements;
and
WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" a Palm
Beach County School Board RFP #09C-018K and authorizes the Mayor and City Clerk to sign a
Contract with Lutz Petroleum Equipment Installations, Inc., of Pompano Beach, Florida for labor,
equipment and materials for the installation and start up of a new above ground storage tank system
and then the removal of the current underground storage tanks for a total cost of $446,722.50, which
includes a five (5%) contingency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
"piggy-back" of a Palm Beach County School Board RFP #09C-0 18K and authorizes the Mayor and
- 159 -
City Clerk to sign a Contract with Lutz Petroleum Equipment Installations, Inc., for labor, equipment
and materials for the installation and start up of a new above ground storage tank system and then
the removal of the current underground storage tanks for a total cost of $446,722.50, which includes
a five (5%) contingency, a copy of the Agreement is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 160 -
CONTRACT FOR FUEL TANK REPLACEMENT PROJECT
This Agreement is made as of this _ day of , 2009 by and between LUTZ
PETROLEUM EQUIPMENT INSTALLATIONS, INC., a Florida Corporation, with offices at 2300
N.W. 16th Street, Pompano Beach, Florida 33069 ("LUTZ"), and THE CITY OF BOYNTON BEACH,
a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach,
FL 33435 (the "City").
RECITALS
WHEREAS, pursuant to the Palm Beach County Petroleum Storage Systems Ordinance which
directly follow Chapter 62-761, Florida Administrative Code, an upgrade of underground single wall
petroleum storage tank systems with secondary containment tanks is required by December 31, 2009;
and
WHEREAS, LUTZ, submitted a proposal dated August 31, 2009 to the City to provide labor,
equipment and materials for the installation and start up of a new above ground storage tank system and
then the removal of the current underground storage tanks for a total cost of $446,722.50, which
includes a five (5%) contingency at prices based on Palm Beach County School Board RFP #09C-018K;
and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and LUTZ, agree that LUTZ shall provide labor, equipment and
materials for the installation and start up of a new above ground storage tank system and then the
removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five
(5%) contingency at prices based on Palm Beach County School Board RFP #09C-018K, a copy of
which is attached hereto as Exhibit "A", except as hereinafter provided:
A All references to the Palm Beach County School Board shall be deemed as references to
the City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy: James A Cherof, City Attorney
- 161 -
Goren, Cherof, Doody & Ezrol, P A
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The proposal from LUTZ dated August 31,2009, is attached hereto Exhibit "B".
Section 3. In the event that the Palm Beach County School Board Contract is amended, or
terminated, LUTZ shall notify the City within ten (10) days. In the event the Palm Beach County
School Board Contract is amended or terminated prior to its expiration, this Contract shall remain in full
force and effect, and not be deemed amended or terminated, until specifically amended or terminated by
the parties hereto.
Section 4. The LUTZ agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more favorable than the
terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Palm Beach County School
Board Contract are hereby ratified and shall remain in full force and effect under this Contract, as
provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
James A Cherof, City Attorney
LUTZ PETROLEUM EQUIPMENT
INSTALLATIONS, INe.
WITNESSES:
BY:
Print Name:
Title:
- 162 -
ATTEST:
SECRETARY
- 163 -
EXHIBIT A
AGREEMENT BETWEEN PALM BEACH COUNTY SCHOOL BOARD
AND LUTZ TRAFFIC CONTROLS, INC.
- 164 -
. CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requestell City Date Final Form MUlil be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in In City C[erk's T\lmed in In Legal Turned in In Procurement
Dates: Office
lJ SeptembC1" 1,2009 AuJUJst 17, 2009 AUJ!ust12,2009 Au:gust 10, 2009
0 SeplembC1" 14, 201J9 Aui!.Ust 31,2009 August 26, 2009 August 24 2009
X OctobC1" 6, 2009 SeolernbC1" [4, 2009 September 9, 2009 September 7, 2009
rl October 20, 2009 Octobe-r 6 2009 Seu~ber30 2009 September 28, 2009
AnnouncementsfPresentations
NATURE OF
AGENDA ITEM
0
0
RECOMMENDATION: Motion to appropriate $425,450 from the Fuel Island Improvement Reserve in the Vehicle Service
Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RPIOOl).
Motion to approve a Piggy-Back Cootract from the Palm Beach County School Board (#09C-018K) with Lutz Petroleum
Equipment Imtallations, loc. for removal and closure of four (4) existing underground 10,000 gallon diesel and unleaded
IlI1derground fuel storage tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste
oil tank located at the Public Works Complex. Work to include installation and start up of a new above ground storage tank
system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon hydraulic and waste oi I tanks. Total proj ect cost
with options is $425,450.00 and is funded from the Fleet Maintenance Di visioo account #501- 2516-519-6325 (project
#RP1001).
EXPLANA nON: The Public Works Complex is the location of the fuel island for all City vebicles. All vehicles are driven
10 this site for fueling Underground and above ground petroleum storage tanks systems are regulated by the Palm Beach
County Petroleum Storage Syslems Ordinance which directly follow Chapter 62-761, Florida Administrative Code. This
Ordinance requires the upgrade of underground single wall petroleum storage tank systems with secondary containment
(double-walled) tanks by December 3l, 2009. The purpose of the Ordinan~ is to minimize the occurrence and
environmental risks of releases and discharges inlo the soil and corresponding water tables_
Staff is recommending that the existing underground tanks be replaced with above-ground, double-walled steel tanks. Tlris
action wi II eliminate future concerns for tank leaks underground. Most notably, use of above ground tanks will allow for tank
relocation to any new Public Works site that may be constructed in the future thereby yielding considerable savings.
Although surface space at the current Public Works Compound is in scarce supply, staff has identified a median location for
the tanks such that vehicle movement at the site will nol be impaired. Furthermore, placement of above ground tanks is a
fairly rapid process allowing for minimal downtime of fueling operations.
Non-compliance for either the removal or closure of the underground single walled tanks by December 31, 2009 would mult
in penalties from lbe State. The vendor has identified a schedule of II-weeks for completion of the proj eel.
Sc1BUlLETlN'lFORMS\AGENDA ITEM REQUEST FORM.DOC
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. CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The project costs areas follows:
Item I: Design, Permitting, Closure Assessment & Other Professional Services $ 33,500.00
Item 2: New Fuel Equipment - Tanks, Dispensers & Associated Equipment $199,450.00
Item 3: Site Work - Concrete Pad, Drive Slabs, & System Installation $115,800.00
Item 4: UST (tank) Removals $ 42,000.00
Item 5: Repave FOID1er UST Area $ 18,000.00
Option 1: Replace underground WllSteJhydraulic tanks with two 300GaL double-walled $ 2,700.00
above ground tanks
Option 2: Tank Stairs (for access on top of tanks) $ 9,000.00
Option 3: Top of Tank FiJI Port w/Spill Bucket $ 5,000.00
TOTAL COST $425,450.00
The vendor for this proj ect was selected from the Palm Beacb County School Board Bid, 009(:-0181<.. Quotes were received
from three of the five vendors on the e<mtract with Lutz providing the most comprebensive proposal at the lowest cost The
Palm Beach County School Board Contract complied with Public Contract bid reqllirements equal to or which exceeds the
City of Boynton Beacb's requirements.
PROGRAM IMP ACT: Replacing the underground storage tanks with aboveground storage tanks allows for portability in
the event the Public Works Complex moves in future years. Additionally an upgmled fuel tracking system will allow for
tighter controls and improved fuel management.
F'TSCAL IMPACT; FUDding for this project is available in tbe Vehicle Servke Fund, account llllillber:
501-0000-389-92-00 Net Assets Appropriated $425,450
501-2516-519-63-25 Improvement Other than BldglFuel Tank ReplEICement $425,4 5(1
AL TERNA TIVES: To close the fuel tanks as required and fuel off-site at local fuel facilities located in Boynton Beach
Department Head's Signature City Manager's Signature
Assistant to City Manager
Public Affairs
Dep.anment Name City Attorney j Finance
S:\BULUillN\FORMSlAGENDA ITEM REQUEST fORM.DOC
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\
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INST ALLA TIONS; INC.
2300 N. W. 16th Street. Pompano Beach + Florida 33069. [954) 971-5222 . Fox: 1954) 960-0082
Service Station Construction. Tanks Imtolled, Removed, Uned & Tested
Environmental Site Assessments. Recovery Systems. Monitoring Welis Installed
August 3[, 2009 Page One {)f Four
Proposal Submitted To: Project Name & Location:
City or Boynton Beacll Public Works Camplex
222 N.E 9'. Avenue
Bo)'nton Beach, F133435
Attn: Paula Leblanc
We are pleased to submit our proposal on our interpretation oryour requirements.
Re: Publit: Works ComDlex (IV, 222 N. E. 9dt Avenue. Bovnton Beach. Fl.
Scope of Sen'it:es Proposed
Lutz P.E.I. will provide labor, equipment, and materials to complete two main tasks. The first task will be
the installation and start up of a new above ground storage tank (AST) system. Once the new system is
operational, Lutz will complete the second task, the removal of the underground storage tanks (UST's).
This will ensure that fueling capability is maintained to the maximum extent possible.
Phase 1: AST Installation
1. Provide a complete set of Professional Engineer signed and sealed construction drawings. Plans to
include layout, structural design, mechanical design, process flow diagram, electrical specifications,
equipment specifications and notes.
2. Obtain necessary permits *.
3. Install a concrete pad, roughly measuring 100- feet long x 12 -feet wide x I-foot thick. Pad to include No.
5 reinforcing steel and 4-inch yellow, steel, concrete filled traffic bollards at 4-foot spacing around slab.
4. Install two concrete drive slabs adj acent to AST slab. Each drive slab to be approximately 1 00- feet long
x 1 O-feet wide x 6-inches thick. Drive slabs to include No.4 reinforcing steel and/or 6x6 10/10 WWF.
5. Provide, ship, off-load, set, and anchor two (2) new Service Welding capacity UL-2085 Fireguard
aboveground storage tanks (AST's). Tanks to be cylindrical design 11.5-feet high x 34.5-feet long.
Tanks to be set end to end on new slab in an East to West aligrunenL
6. Each tank to include a remote fill assembly on one end. The remote fiUs to include a one-point 3-inch
quick hose connection with cap, check valve, shut-off valve, stainless steel outer box spill protection
enclosure, manual spill removal pump, and locking door. The unleaded AST remote fill to also include a
Stage I vapor recovery assembly and connection. Include 3-inch steel pipes and connections to top of
tanks.
7. Each tank to include mechanical high-level shut -offvalves and aluminum drop tubes.
8. Each tank to include emergency vents and normal vents.
9. Each tank to be fitted with an interstitial space leak sensor and level probe. These electronic monitoring
I devices to be wired into your existing Veeder-Root system.
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,
PROPOSAL
LUTZ PETROLEUM EQUIPMENT I NSTALLATIONS, INC.
2300 N.W. \6tl1 Street + Pompano Beach t Florida 33069 + 1954)971-5222 + Fax: (954)960-0082
Service Station Construction + Tanks Installed, Removed, lined & Tested
Environmental Site Assessments t Recovery Systems t Monitoring Wells Installed
August 31, 2009 Page Two of Four
Pmposal Submitted To: Project Nam~ & Location:
Cit~. or Bot'ntoB Beacll Public Works Complex
222 N.E 9' Avenue
Boynton Be.acb, F133435
Attn: Paul.. Leblanc
We J1r~ pleased to submit our proposal on our iDterpretation of~'our requirements.
to. Provide upgrade to existing Trak System per Trak quote of 5-19-09 (quote # 2) and include wireless
communication upgrade.
11. Provide and install Simplex Auto Transfer pumps at Diesel and gas tank with probe and sensors to
provide auto shut-off when tanks are full.
12. Provide and install two new Gasboy commercial grade double-hose, single product suction pump
dispensers. The dispensers will include Gasboy 52 pressure regulating valves, sheer valves, %" hoses
with re-attachable breakaways, swivels, and nozzles.
13. Provide and install a l.5-inch black iron pickup pipe, double-tapped bushing, anti siphon valve,
emergency shut-offvalve, and custom threaded above ground piping from each ASTto the associated
dispenser.
14. Wire new Gasboy dispenser pulsers to the existing fuel management system.
15. Provide a 1 icensed electrician to wire the new di spensers, the new monitoring devices, the exi sting fuel
management system, and the existing Veeder-Root electronic monitoring system. Price includes
emergency stop.
]6. Provide }RO party testing and certification of the new fuel lines.
17. Provide on-site startup assistance and continuous on-site assistance until the new AST system is fully
Qpemtional.
18. Provide Professional Engineer signed and sealed As- Builts drawings of the new AS T system. One set of
As-Builts will be submitted to the Palm Beach ERM.
Pbase 2: UST Removals & Closures
Once the new AST system is operatiunal, Lutz will remove and close four existing 10,000 gallon diesel and
unleaded UST's, one existing 1,000 gallon new oil UST, and one existing 550 gallon waste oil UST.
1. Provide a vacuum truck with a Buttenvorth system to remove all remaining fuel and liquids from the
UST's and triple-rinse the tank interior clean. All former fuel lines associated with the UST's will be
completely flushed and cleaned.
2. Saw cut, remove, and dispose of overlying pavement.
I 3. Excavate, remove, cut open, obtain ERM inspections, crush, and dispose of all UST's, fuel lines, and
associated equipment.
4. Perform tank closure assessment activities including the installation of a temporary monitoring well.
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,
PROPOSAL
LUTZ PETROLEUM EQUIPMENT I NSTALLATIONSt INC.
2300 N.W. 1611; Street. Pompano Beach. Florida 33069.(954)971-5222. Fax: (954)960-0082
SeNjce Station Construction. Tanks Installed, Removed, lined & Tested
Environmental Site Assessments + Recovery Systems. Moniloring Wells Installed
August 31 , 2009 Page Three of Four
Proposlll Submitted To: Project N~me & Location:
City of Boynton Beach P1Iblk Works Complex
222 N.E ,.., Avenue
Boynton Beach, FI 33435
Alto: Paula Leblanc
We are pleased to submit our proposal on our interpretation of your requirements,
5. Backfill the excavations with new compacted dean fill to approximately 8-inches below grade.
6. Resurface the former gasoline/diesel UST area with 6-inches of compacted FDOT crushed lime-rock
base and }.5 inches of hot-rolled asphalt. Straighten edges and tack coat prior to resurfacing.
7. Resurface the former waste oil and new UST areas with 6-inches of reinforced concrete.
Notes:
1. Permit fees are not included (Fees will be charged at cost)
2. Any handling of contaminated liquids or soils will be extra at agreed upon prices.
3. "Ibe city intends and Lutz is agreeable to "Piggyback" (he contractors PRess contract.
4. City will provide a site survey if needed.
Price Prop.osal
[tern l: Design, Permitting, Closure Assessment & Other
Professional Services $ 33,500.00
Item 2: New Fuel Equipment- Tanks, Dispensers &
Associated Equipment $ 199,450.00
Item 3: Site Work - Concrete Pad, Drive Slabs, & S~1em
Installation $ 115,800.00
Item 4: UST Removals $ 42,000.00
Item 5: Repave Fonner UST Area $ 18.000.00
Total $ 408,750.00
I
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. ..
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC.
2300 N.W. 16ttl Street. Pompano Beach. Florida 33069. (954) 971-5222. fax: (954) 960-0082
SelYice Station Construction. Tanks Installed, Remoyed, Lined & Tested
Enyironmentol SIte Assessments. RecovelY Systems. MonitorinQ Wells Installed
August 31, 2009 Page Four of Four
~roposal Submitted To: Project Name & Location:
City of BOlntlm Beach Public Works Complex
222 N.E 9' Avenue
Boynton Beach, fl33435
AUn: Paula LebLanc
We are pleased to submit our proposal on our interpretation of your requiremeDh.
OotHm I: AST's for Waste Oil, H...draulk Oil. Lube Oil. Etc.
(300 Gallon u 1-142 double-wallllbove grollnd skid tan II, 3'2" db ~ 5' loog,
epo~y primelu rethane topcoat (wbite), S-gallon IIluminllm overfill w/2"
lo~king cap, two HIIergeocy ...ents (primary & intH'Stitilll sl'aee), 2" normal
vent w/rain cap, Ie...el gllge, pop-up leak I!age (to detect presence or liquid in Interdltial),
sti~bn labeling contents And huard diamond. loelude! slai pping to site). S 1,3:1(1.00 cadi
ODtloll2: Tank Stair4For Atcess to Too of Tank $ 4,500,00 each
OotiOR 3: Too of Tank fill Port ~'/SDiII Bucket
(For s<<ondary fueling ability attopoftank, dipping tank. etc.) $ 2,500.00 each
Schedule After ReceiDt of Sil!ned AuthorizatioD to Proceed:
Plans Pennits 30 Days
Site Preparation 14 Days
AST Installation 14 Day!;
UST Removal 14 Days
Job Closeout 7 Days
Total time required from Authorization to Proceed
(Note: I Week = 7 Calendar Days} 2 Days
Tank and Equipment Lead Time is 4-6 Weeks
Yours truly,
George D. Randolph Ae<:epted
V. PresidentlGen Mgr.
Date
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1
I
AGENDA ITEM l
;
REQUEST FOR PROPOSAL NO.: 09C.Q18K RFP FOR PETROlEUM, TANKS
AND ENVIRONMENTAL SERVICES
DATE: JUrle 5,2009 DATE ADVERTISED: April 24, 2009 l
DATE SOLICITED: April 24, 2009 DATE OPENED: May 22, 2009
PRESENTED TO BOARD: July 15,2009 DATE POSTED: June 5, 2009 l
CONTRACT PERlOD: July 16, 2009 through July 15, 2012 ~
DEPARTMENT: 9095 FUND: 3714 FUNCTION: 74iO ACCOUNT: 568100 I
FUNDING SOURCE: Capital Budget J
REQUESTING DEPARTMENT: Environmental Control Office I
!
,
FINANCIAL IMPACT 1 j
J
The estimated annual finandal impact to the Capital budga1 is $200,000. The source of funds
is Environmenta~ Contro1 Department budget.
Services to be provided include but are not limited to storage lank removal, rep1acement. and installation, I
fue1 deliveries and transfers, disposal etc.
MINORITY TOTAL
VENDOR STATUS POINTS AWARDED
Core Stales Construction -- 63.2
Delta Petro~eum and Induslriallnc. -- 78.6 1
Glasgow Equipment Service, Inc. -- 80.6 1
i
I
LutzPEI _n 77
lEGEND: I
- = Award
( ) :::; Reject
I
~
MINORITY - (2-Arrlcan American, 3-Hrspanic American. 4-Nal1ve American, 5-Asian American, 6.Female, I
7-Physically Jmpaired, 8-0ther)
The Evaluation Committee, consjst~ng of Districl staff, COl1vened and reviewed all responsive proposals. It
was the recommendaHon of the Committee to award this contract 10
RECOMMENDATrON: 1 recommend contract award be made to the three (3} highest scored
responsive, responsible proposers based on the evaluation criteria
outlined in the RFP.
Note: Original RFP document is available upon request.
!
:
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REQUEST fOR PROPOSAL NO. 09C-018K
Page 2
RFP PROTEST
Faijlure io file a protesl \'4thin the lime prescritled in ~120.S7(3J. Fbida Sta\tJ\es, shall a:lrIstilu(e a wai_ or pmceedings VIlder Chapter
120. Florida S~atules Md applicable Boar<l rules, regulations and policles. otfe"s flom lhe ~do~ listed herein are lIle only ol!eI.leooived
limely as of the above opening date and 1ime. All oI\1er offers submitted in response to this solici!atlon, if any, are hereby rejected as lale.
l! iI proposer wishes to pro!est a RFP, they mllSt do so in strict accordanoe with the prl>Cedures ~LJtIined in FS 120.57{3). Arry perwn Wilo
r~ an ecUon pmtesting a declsloo or inteOOeQ decision pertai roing tQ lhis RFP pvrsuarn to fS 120.57(:>)( b). shall post >.Wh the Purdlasirlg
Oeparlmenl. at the Hma of ft~ng the formal written pmles1, a bond SEIC1!red by an ~ Stnlly company in FlIlrtrta payable 10 lhe
School District of Palm Beach County in arI amoum eQ.IallO 1 percent (1 %1 of lhe Iotal estimated coriJact value, but rlOIl8!;s than $SOO nor
more Ulan $5.000. Bond shalt be COIldi'li::mecl upon lt1e paymenl of all costs that may be ~ againsl !ha jlrolester in ille
administrative hearing ill which tt1e action is brought and In arIj s..os equant I!llpelrate cou1 !lfoceedirtl. ~n lieu of a borri, a cashier's
cI1lJ(;k. certified bank check, bank DBI1ffied oompaoy cI1edl or mooey llI"der Will be acceplable form of security. II. after a:lIr.lll~lkm of the
adminislrillve hBaing jII"OCeS5 and any appellate oourI proceedings, the Olstrid pmoaiIs, i1.shaU rElOJVe( a1~ costs and chwges ooLJ:led i1
lt1e ~nal ordef 01 judgment, including cl1arges bV the lAYisioo of Adminlstl'alNe Heafings. Upon pa~ment ci soch com ~d dIaI;es b~ the
~ter. the prolesl 5800rTIy shel be Rllumed. K the prolesl pre'I'alls, he or sI1e shan recover from lI1e Dislrid all coots !II1d merges, whicl1
~ be iocluded in the final oroer of Pigment.
DLSQUALlFYING CRIMES
The bidder certifies by submission of Il1ls bid, thai neither It nor lts principals Is Pfesently detJ.arre-j, suspended. proposed for ;
deberrnem, declared fneUglble or volUl'ltarily excluded from partlclpatlon In tlirs l1aosactloo bV !I1e Stata of FlOrida or fecleral
Go-I'emment. Further, bldder cerlilies ltIat it has dI..ulgeo, In its bid response, information regarding any of these actions or
propooocl actions oMth olher governmental agencies.
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- 173 -
Selmo! Di$tricl of Palm Beach Coul'Il~ Fl Bfd Oge.OI8 K
School District of Palm Beach County FL
o/.~
l.JJ :' 'c"C' "-~",:';_
~.<'~~;>;, Q
: 1; :\~;":<~i~~~; ':t
~ BEM:H cou
Solicitation No. 09C-O 18K
Request for Proposal for Petroleum, Tanks and Environmental Services
RESPONSES ARE DUE PRIOR TO:
May 22, 2009 2: 00: 00 PM EDT
RESPONSES MUST BE SUBM~TTED ELECTRONICALLY TO:
www.bidsync,com
The School District of Palm Beach County is an
Equal Education Opportunity Prov1der and Employer.
http: Ilwww.palmbeach.k12.f1.us/Bids/ourch/info/eou itv coordinators ,pdf
I
"j;s'r 22, 2009 2: 1 ~ :02 PM EDT p,l
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School Disllict of Palm Beach Counl~ FI Bid 09C-D18K
Bid Oge-01SK
Request for Proposal for Petro'eum, Tanks and Environmental
Services
Bid Number 09C-018K
Bid Tille Rl!Cluest for Proposal for Petroleum, Tanks and Environmental Services
Bid Sta rt Date ApI" 24, 2009 3:22:10 PM EDT
Bid End Date May 22,20092:00:00 PM EDT
QuestiQl, & Answer M 13 2009 5'00'00 PM EDT
End Date ay,. .
Bid Contact Jan Butts
Purchasing Agent
Purchasing
561-434-B306
ja net.butt5@palmbeach,k12.fl.us
Contract Duration 3 years
Contra ct Re newa I One renewal for 2-year Period
Pri ces Good for See Term of Contract
Bijd Comments -THIS IS A NO fEE RFP
The miluge radiu& selected is used only to help in establishing a mall1ng list for the
District, and is by no means meant to discourage any bidders from bidding who may be
ou'side the selected mileage radius.
Added on Apr 30,20.09:
ADDENDUM 1:
This addendum modifies this RFP as follows:
Section 24.4 Now Reads:
The aWllrded proposers shall provide complete copies of any insurance po~icy for
required coverage within seven days of the date of request by the Purchasing
Department but In any respect <It least 30 days prior to the commencement of lIny term.
For all contracts with an amount of $500,000 or more the actual INSURANCE POUC'/'
must be induded with the Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida
Statutes, Workel's' Compensation and 'Employees' Liability Insurance with minimum
statutory limits.
B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain,
fol' the life of the contract, Commen:ial General Liability Insurance. This policy shall
provide coverage for death, bodily injury, personal injury, products and completed
operati ons Ii ability a nd property da mall e tb.t co ul d a ri 5. d i ...ctly 0 r indirectly from the
pllrform..n-ce of the contr..ct. It must be an occurrence form policV. THE SCHOOL BOARD
OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
CERTIFICATE FOR COMMERCIAL GENERAL L1ABIUTY INSURANCE.
The minimum limits of coverage shall be $1,0(10,000 pel" OCoC\.lrrence, Combined, Single
Limit fol' Bodily Injury Liability .nd Property Damage Uability.
C. BUSINESS AUTOMOBILE UABIlITY: Awarded proposers shall procure and maintain,
for the life of the contract. Business Automobile Uabillty Insurance. THE SCHOOL BOARD
OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
M"y 22, 2009 2: j 3:02 PM EDT p.2
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Sch.oo~ Oistr\ct (>1 Palm Beach Cou nW Fl Bid O'<lC-01 Bj{
CERnFICATE FOR BlISINESS AUTOMOBILE UABILITY INSURANCE.
The minimum limits of coverage shall be $l,QDO,OOO per occurrence, Combined Sing'e
Limit for Bodily Injury Liability ;md Property Damage Liability. This coverage shall be an
. Any Auto. fo I'm policy. The I nsu ra nce must be an OCf:U rrenee form policy.
In the event the awarded proposer does not own any vehicll!$, the District will accept
hired and non-owned coverage in the amounts listed above. In add1tion, the District will
require an affidavit signed by the awarded proposer indicating the following:
{Company Name} does not own any vehicles. In the "vent th"
company acquires any vehicles tS,roughout the term of the contract,
{Company Name} agre@s to purch.u'e "Any Auto" coverage as of the date of acquisition.
Section 24.4 Change to Read~
The awarded proposers Shilll provide complete copies of any insurance policy for
required cove,.age within seven days of the date of request by the Purchasing
Department but in any respect at least 30 days prior to the commencement of any term.
For all contracts wlth,IIn amount of $500,000 Dr more the actual INSURANCE POLICY
must be Included with the Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida
Statutes, Worken' Compensation ilnd Employees' Liilbillty Insurance with minimum
statutory limits.
8. COMMERCIAL GENERAL lIABILITY: AwardecS proposers shall procure and maintain,
fOr the life of the contr,IIct, Commercial General Liability Insurance. This policy shall
provIde (:overage for death, bodily injury, personal InJury, products and completed
operations Iiabmty and property damilge that could arise directly or Indirec:t\y from the
perfo,.mance 0' the contract. It must be an occurrence form policy. nn: SCHOOL BOARD
OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL IMSURED ON THE
CERTIFICATE FOR COMMERCIAL GENERAL UA8ILITY INSURANCE.
The minimum Iilnlt, of coveralle shall be $1,000,000 per oc:currence, Com bill ed, Single
Limit for Bodily Injury Uablllty ilnd Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY: Award...:! proposers shall procure and mllinhin,
for the life of the contract, Business Automobile Uability Insurance. THE SCHOOL BOARD
OF PALM BEACtI COUNTY SHALL BE NAMED AS AM ADDITIONAL INSURED ON THE
CERTIfICATE FOR BUSINESS AUTOMOBILE UABILrTY INSURANCE.
The minimum limits of coverage shall be $1,000,000 pe.. occurrence, Combined Single
Limit for Bodily Injury L1.blllty and Property Damage Liability. This coverage shall be an
"Any Auto" form policy. The insuran~e must be an occurrence form policy.
In the event the awarded proposer does not own any vehicles, the District will accept
hired and non-owned coverage in the amounts listed above. In addition, tbe District will
require an affidavit signed by the awuded proposer indicating the following:
(Company Name) does not own any vehicles. In the event the
company acquires any vehicles throu'llhoutthe term of the contract,.
{Company Name) il'llrees to purchase "Any A\lto" coverage as of the date of acquisition,
The awarded proposer must comply with the minimum provisions of Florida Stilte
Statute 324 regarding Motor Vehicle Insurance Requi..ements.
D. The awuded proposer must have Contracto..s Pollution Uabllity insurance with
minimum policy limits of $1,000,000. THIS SHOULD BE AN OCCURRENCE FORM POUCY
AND THI: SCHOOL BOARD OF PALM BEACH COUlilY SHOULD BE NAMI:D AS AN
ADDITIONAL INSURED.
Please acknowledge receipt of this addendum with your signature and return with your
RFP. Failure to return will result in rejection of yotor RFp.
.
Added on MilY 4, 2009:
ADDENDUM 2;
I
Ma~' 22. 2009 2:13.02 PM EDT p. :>
- 176 -
School O<smcl nl Palm Beach Calmly FI Bid Ogc.016K
This addendum modifies this RFP as follows:
ADD TO DESCRIPTION:
Upload your proposi!ll using the Attachment option (Uploi!ld Att:itchment)
Plene call BidSync support
1.800.990.9339 ext 1 for assistance.
Added on May 15, 2009:
ADDENDUM 3:
This i!lddendum modifies this RFP i!lS follows:
Now Reads:
Conditions and Specifications, Section 18.0
18.0 PAYMENT AND PERFORMANCE BOND:
18.1 The successful bidder shall furnish a surety bond as security for faithful
performi!lnce of the order(s) awan:led as a result of thill bid, and fo... the payment of all
persons perfo...mlng li!lbor, and on thel... furnishing materials in connection therewith.
Surety of such bond shall be In an amount &qual to the bid. The Attorney-In-Fact who
signs the bond must file with the bond a certifrcate and effective dated copy of power of
attorney. Bonding .company must appear on U.S. Trei!lSUry list. Performan.ce and
payment bond must be fOl"Warded to the Director of Purchasing within 15 days of
notification of award of this contract. 1f this bond is not received said bid will be subjett
to cancellation.
18.2 To ensure maximum participation, all MjWBEs and small firms in accor"dance with
F.S. 255.05 will be allowed a bond waiver on construction p...ojec15 up to $200,000.
Prequalifications fo r contractors 0 n School DI strict cont...acts a nd services will be
requi...ed at $200,000 inste.ad of $50,000.
lB.3 F.S. 288.703 - ~Small business" means an Independently owned and ope...ated
business concern whict! employs 25 or fewer permanent full-time employees, and which
has a net worth of not mo...e than $1 mil II 011, net worth requirement $hall include both
pel'$Onal ..nd busilless inv4'l5l:ments.
Change to Read:
Condition$ and 5~cirlcatlons, Section 18.0
D:ELETE SECTION 18.0 IN ITS ENTIRITY
Please acknowledge receipt ofthls addendum with your signature and ...eturn with YDur
RFP. Failu.-e to return will result in rejection of your RFP.
.
Chilnges milde on Apr 30,200910:55:20 AM EDT
New Documenls RFP 09C-018K Addendum 1.doc
Changes made on May 4, 2009 10:21:53 AM :EDT
Changes Were made to the following items:
Changes made on May 15, 2009 3:22:28 PM EDT
New Documents RFP 09C-018K Addendum 3.doc
Item Response Form
I
Maj' 22. 2M 2:13:02 PM EDT p 4
- 177 -
S~two~ Oi$\ril;l nf Palm Beach Coun\~ F~ BH;I 09C.!WIK
Item 09C-018K-1-01 - .
Quantity 1 e;iII:h
Prices a re not requ esteo ror th is item.
Dell ve ry Location School District of P;!lm Beach County FI
Va riou s Locatio ns for ttu~ Dislri ct
Palm Bea c:h Cou nty School District
West Palm Beach FL 33406
Qty 1
Description
Added on May 4,2009:
Upload your proposal using the Attachment option (LJpload Attachment)
Please ca II Bid Sync: su pport
1.80Q.9g0.9339 ext 1 for assistance.
Changes made on May 4, 2009 10:21:53 AM EnT
l
'f,ay 22_ 2009 2:13"02 PM EDT p.5
- 178 -
School District of Palm Beecl1 C<:luntj Fl Bill 09C-Gl&K
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
REQUEST FOR PROPOSAL (RFP)
REQUIRED RESPONSE FORM
Oee-01 BK
DA TE: April 24, 2009
TinE: RFP FOR PETROLEUM, TANKS AND EtlVIRONMENTAL SERVICES
This proposal must be submitted to BidSync for the School District of Palm Beach County,
Purchasing Department, no later than 2.:00 PM on May 22, 2009. Proposals are due and wm be opened
at this time.
Anti -Collusion Statement I Pu blic Domai n
I, the undersign&d propoSElr have not divulged, discussed, or compared this proposal with any
other proposer .md have not colluded with any ott1er proposer in the preparation of this proposal
In order to ga~n an unfaIr advantage In th~ aWllrd of this proposal.
I acknowledge that all information contained hereTn Is part of the public domain as defln&d in the
Public Records Act, ChaDter 119, F.S.
F':tQposal Certification
l!lereby certify that I am nbmittlng tile following information as my company's proposal and understand that by
virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM. I further certify full,
complete and unconditional acceptance of the contents of this Request for Proposal, and all appendices and the
conlenlB of any Addendum re~eased hereto. Proposal must be signed by an officer or employee baYing authority
to legally bind the proposer.
PROPOSER (f1nn name): I
STREET ADDRESS: I
.---.-.- . - - ---..
CITY & STATE: \
ELECTRONIC SIGNATIJRE OF AUTHORIZED I
REPRESENTATIVE:
TITLE: I DATE: I
CONTACT PERSON: I
CONTACT PERSON'S ADDRESS: I
TELEPHONE: I FAX: I TOLL I
FREE:
E-MAIL ADDRESS: I INTERNET URL: I
PROPOSER TAXPAYER IDENTIFICATION HUMBER: I
M"~ 22. 2009 2: 1 302 PM EOT p.6
- 179 -
School Dislrlc\ of Palm BeaCh CounW FI BidG9C-<l1aK
TllE SCHOOl OISTRICT SW-ROO SWAN ARTIIJR C. JOHNSOt>l. PhD.
OF fA.1!. BEACH COONTY. R.ORI)A ilIRECTtJR Slll'ERlNTENOf~ Of SC~OCtS
furthasilg Deprtnenl
3300 Filrest H111901M~, SuI~A~l
Wesl Palm Baach, Fl 33A00-68U
Phone: (561 J ~216 FIlX: (581) 963-31123
~ell!:!L.U2Jl,\ItI1l1llt
April 30, 2009
-
ADDENDUM NO.: 1
REQUEST FOR PROPOSAL NO.: 09C-018K
TITLE: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES
RETURN DATi;: MAY 22, 2009, 2~00 P.M. EST
This addendum modifies the above listed RFP as follows:
Section 24.4 Now Reads:
The awarded proposers shall provide complete copies of any insurance policy for required coverage
within seven days of the date of request by the Purchasing Department but in any (espect alleast 30
days prior to the commencement of any term. For all contracts with an amount of $500,000 or more
the actual INSURANCE POLICY must be included with the Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida
Statutes, Workers' Compensation ami Employees' Liability Insurance with minimum
statutory limits.
B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and malntain,
for Ihe life of the contract, Commercial General liability Insurance. This policy shall
provide coverage for death, bodily injury, personal injury, products and completed
operations liability and property damage 1hat cou[d arise directly or [ndirecUy from the
performance of the contract. 11 must be an occurrence form policy. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDlTIONAL
INSURED ON THE CERTIFICATE fOR COMMERC~AL GENERAL LIABILITY
INSURANCE.
The minimum limits of coverage shall be $1,OOQ,OOO per occurrence, Combined, Single
Lim)t for Bodily Injury liability and Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract, Business Automobite Liability Insurance. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL
INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY
INSURANCE.
May n 200S 2:1302 PM EDT P 7
- 180 -
Sl;tJoo~ District 01 Palm Beach Counl~ F~ Bfd 09C-OISK
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single
Limil for Bodily Injury Liability and Properly Damage Liability. This coverage soaU be an
"Any Au1o" farm policy. The insurance must be an occurrence form policy,
In the event the awarded proposer does nol own any vehicles, toe District will accept
hired and non-owned coverage in the amounts ~Isted above. ~n addition, the District will
require an affidavit signed by the awarded proposer indicating the following:
(Company Name) does not own any vehicles. In the event the
company acquires any vehicles throughout the term of the contract,
(Company Name) agrees 10 purchase "Any Auto" coverage as of the date of
acquisition.
Section 24.4 Change to Read:
The awarded proposers shall provide complete cop1es of any Insurance policy tor required cOllerage
within seven days of the date of request by the Purchasirlg Department but in any respect at least 30
days prior to the commencement of any term. For all contracts with an amount of $500,000 or more
the actual INSURANCE POLICY must be included with the Cert~ficate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida
Statutes, Workers' Comperlsation and Employees' Liability Insurance with minimum
statutory limits.
B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure arld malntaln,
for the life of the contract, Commercial General LiabiUly Insurance. This policy shaH
provide covefage for death, bodily injury, personal irljury, products and completed
operations liability and property damage thai could arise directly or indirectly from the
performance of the contract. 1t must be an occurrence form po1i[;)'. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL
INSURED ON THE CERTIFiCATE FOR COMMERCIAL GENERAL LIABILITY
INSURANCE.
The minimum limits of coverage shal1 be $1,000,000 pef occurrence, Combined, Single
Limit for Bodily Injury Liabi'i1y and Property Damage liability.
C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain,
for toe life of the contracl, 8usiness Automobile Liability Insurance. THE SCHOOL
BOARD OF PALM BEACH COU NTY SHALL BE NAMED AS AN ADDITIONAL
INSURED ON THE CERTIF1CATE FOR BUSINESS AUTOMOBILE UABILlTY
INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single
limit for Bodily Injury Liability and Property Damage Liabillty. This coverage shall be an
"Any Auto" form policy, The insurance must be an occurrence form policy.
In the event the awardee! proposer does not own any vehides, the Distlic! will accept
hired and non-owned coverage in the amounts Hsted above. In addition, the District will
require an affidavit signed by tl1e awarded proposer im:Hcating the following~
(Company Name) does not own any vehic1es. In the event the
compar;y acquires any vehicles throughout the term of the conlfact,
{Company Name) agrees to purcoase "Any Auto" coverage as of the date of
I acquisition.
r.,lay 22, 2009 2:1:>:ll2 PM EDT p.8
- 181 -
SeMol District 0' Palm Bead1 Counl~ FI Bid 09C -o18K
The awarded proposer must comply with the minimum provisions of Florida State
Statute 324 regarding Motor Vehicle [nsurance Requirements.
D. The awarded proposer must have Contractors Pollution liabIlity insurance with
minimum policy Hmits of $1,000,000. TH~S SHOULD BE AN OCCURRENCE FORM
POLICY AND THE SCHOOL BOARD OF PALM BEACH COUNTY SHOULD BE
NAMED AS AN ADDITIONAL INSURED.
Please acknowledge receipt of this addendum with your signature and relurn with your RFP. Failure
to return will result in rejection of your RFP.
BIDDER: I
By:1 _!
TITL E: L _ _ . _____ _ __ ___ _~.. _._. .. _ .'.H _
DATE: I
Jan Butts, Purchasing Agent
Gene~1 McMann, Purchasing Manager
~
May 22. 2frCB 2:13:02 PM EDT i> 9
- 182 -
SeMol Dis\rict DI Palm Bearn COllnty Fb E>i;j 09C.018 t<
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
3300 Forest Kill Boulevard, Suite A-323
West Palm Beach, FL 334GS-5813
(561) 434-8216 - Main Phone
(5-61) 963-3823 - Fax
May 15, 2009
ADDENDUM NO.: 3
REQUEST FOR PROPOSAL NO.: 09C-Q18K
TITLE: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES
RETURN DATE: MAY 22,2009.2:00 P.M. EST
This addendum modifies the above listed RFP as follows:
Now Reads:
Conditions and Specifications, Section 18.0
lS.OJA YMENT AND PERFORMANCE BOND:
1&.1 The successful bidder shall furnish a sorety bond as security for faithful performance of the order( s)
awarded as a result of this bid, and for the payment of all persons performing labor, and on their
furnishing materials in connection therewith. Surety of such bond shall be in an amount equal 10 the
bid. The Anomey-in-fact who signs the bond must file with the bond a certifkate and effective dated
copy of power of attorney. Bonding company must appear on U.S. Treasury list. Performance and
payment bond must be forwarded to the Director of Purctasing within 15 days of notification of award
of this contract. I f this bond is not rece ived said bi d will be subject to cance Ilation.
18.2 To ensure maximum participation, all MJWBEs and small firms in accordance with F.S. 255.05 will be
allowed a bond waiver on construction projects up to $200,000. Prequalifications fO! con1ractors on
School District contracts and services will be required at $200,000 instead of$5Q,OOO.
18.3 F.S. 2a&.703 - "Small business" means an independently owned and operated business concern which
employs 25 or fewer permanent full-1ime emploj'ees, and which has a net worth of not more tban $1
million, net worth requirement shall include both personal and bus iness investrne nls.
-
Change to Read:
Conditions and Specifications, Section 18.0
DELETE SECTION 18.0 IN ITS ENTIRITY
Please acknowledge receipt of this addendum with your slgnature a~d return with your RFP, Failure
to return will result in rejection of your RFP.
,
By \tirtue of signing the Request for Proposal, bidder agrees to this addendum.
BIDDER: I
I
May 22, 2009 2: 13 :02 PM EDT p 10
- 183 -
&hool Oi.tritt 'Of Palm Beach Count~ FI Bid 09C-O laK
By:1
TITLE: I
DATE: I
Jan Butts, Purchasing Agent
Genell McMann, Purchasing Director
'Aay 22. 2009 2:13:02 PM EDT ft,",1
- 184 -
Schllo~ Oislricl (If Palm Bea ch Counl~ FI Bid 09G-013K
SCHOOL BOARD OF PALM BEACH COUNTY
REQUEST FOR PROPOSAL 09C-018K
FOR
PETROLEUM, TANKS AND ENVIRONMENTAL SERVICES
1.0 INTRODUCTION
1.1 This is a Request for Proposal (RFP) for Petroleum, Tanl<s and Environmental SelVices to The
Schoo' Board of Palm Beach County, Fjorida (tne Board), the governing body for Ihe Schoo!
District of Palm Beach County, Florida (tne District). These selVices wm include, but not be
limited to, storage 18nl< removal, replacement, installat~on, fuel deliveries and transfers, waste
disposal, hydraul~c lifts, boiler systems, etc.
1.2 All terms and conditions of this RFP, any addenda, proposer's submissions and negotiated
terms, are incorporated into the contract by reference, as set fortn herein.
1.3 Document files may be examined, during normal working hours, ten days after proposa1s have
been opened.
2.0 INSTRUCTIONS TO PROPOSER
2.1 All proposals must be received no later than 2:00 PM, on May 22, 2009. Proposals must be
transmil1ed electronically to BidSync at www.bidsvnc.com .
2.2 BidSync will not allow Proposals to be submitted after the closing date and time. Hard copy
proposals will not be accepted.
2.3 AI! proposals must be signed electronically by an officer or employee having authority to legany
bind the Proposer(s).
2.4 Proposer should become familiar with any local conditions which may, in any manner, affect the
selVices required. The proposer(s) is/are required to carefulty examine tne RFP terms and
become thorough'y famHiar with any and all condiliol1s and requirements that may in any
manner affect the work to be pertormed under the contmct. No additional aHowance will be
made due to lack of knowledge of these conditions.
2.5 Proposals not conforming to the instruct~ons provided herein will be subject to disqualification at
the sole option of the Board.
2.6 Any proposal may be withdrawn prior to the date and lime the proposals are due, Any proposal
not withdrawn will constitute an irrevocable offer, for a period of 120 days, to provide the District
with the selVices specified in the proposal.
3.0 TIME SCHEDULE
3.1 The District will attempt to use the following time schedule which will result in selection of a
proposer( s).
May 6, 2009 Pre proposal Conference (attendance is strongly encouraged)
May 13, 2009 Deadline for submission of question on Bidsync at 5:00 PM.
May 22,2009 Proposals due no later than 2:00 PM EST.
Ma~ 22. 2009 2: 1 J:02 PM 1:01 p12
- 185 -
Sdlool Disl1ic;l of P"lm Beam C(lUrlty Fl Bid 09C~18K
June 3, 2009 *Evaluation Committee Meeting
June 5,2009 Posting of Recommendation.
July 15, 2009 * Recommend proposer{s) to The School Board of Palm Beach
County for approval.
* This is an open, pub~ic meeting,
3,2 Notification of any changes to the time schedule will be made 10 proposers through BidSync.
3.3 Response to inquiries regarding 1he status of a proposal must not be made prior 10 the posting
of award recommendation.
4.0 AWARD
4.1 The Board reserves the right to accept or reject any or all proposals.
4,2, The Board, through is designee(s}, reserves the right to waive any [rregularitles arld
technicalities and may, at its sole discretion, request a clarification or other information to
evaluate any or all proposa~s.
4.3 The Board, through is designee(s), reserves the right, before award~ng the contract, 10 require
proposer(s) to submit evidence of qualifications or any olher information the Board may deem
necessary.
4.4 The Board, through its designee(s}, reserves Ihe right, pr~or to Ihe Board's approval, to cancel
the RFP or portions tI1ereof, without penalty.
4.5 The Board, through its deslgnee(s), reserves the right to: (1) accept the proposals of any or aH
ofthe items it deems, al its sole discretion, to be in the best interest ofthe Distr~ct; and (2) reject
any and/or all items proposed or award to multiple proposers.
4.6 The proposal with the highest number of points wi~1 be ranked first; however, nothing herein will
prevent the Board from making multiple awards and deeming all proposals responsive, arld
assigning worK to any firm deemed responsive.
4.7 The Board, through its designee(s), reserves the right to further nego1iate any proposal,
including price, with the highest rated proposer. If an agreement cannot be reached with Ihe
highest rated proposer, the District reserves the right to negotiate and recommend award to the
next highest rated proposer or subsequent proposers until an agreement is reached.
5.0 TERM OF CONTRACT J RENEWAL
5.1 The term of the contract shall be for three years from the date of award, and may, by mutual
agreement between the Board and Ihe contract awarded proposer(s), be renewable for one
additional two-year period the Board, through the Purchasing Department, will, if considering
renewing, request a letter ot intent to renew from the contract awarded proposer(s) prior to the
end of the current contract period. If needed, the contract will be extended 90 days beyond Ihe
contract expiratlon date. The contract awarded propaser{s) w~1I be notified when the Board has
acted upon Ihe recommendation. All prices shaH be firm for the term of this contract. The
contract awarded proposer(s) agrees to this condition by signing its proposal.
I
May 22, :ZOW213G2 PM EDT p. n
- 186 -
School District of Palm B~ach Coul1l~ Fl Bi:l 09C .01 8K
6.0 RFP INQUIRIES
6.1 Any questions concerning conditions and specifications must be submltted on BidSync no la1er
than 5:00 p.m. EST, May 13, 2009. Questions received in writinq bv the t~me and date
specified wlll be answered on BidSvnc. Jan Butts is authorized only to direct the attention of
prospective proposers to various portions of the RFP so that they may read and interpret such
for themselves. Neither Jan 8ul:ls nor any employee of the District is authorized to interpret any
portlon of this RFP or give information as to the requirements of the RFP in addition to thai
contained in the wrttten documents.
6.2 If necessary, an addendum will be distributed by BidSync to all who are known by the
Purchasing Department to have received a complete set of proposal documents.
6.3 Copies of addendum win be made available for inspection at the District's Purchasing
Department where proposal documents will be kept on file.
6.4 No addendum will be issued later than three calendar days prior to the date for receipt of
proposals except an addendum withdrawing the request for proposals or one which includes
postponement of the dale for receipt of proposals.
6.5 No verbal or written information which is obtained other than by information in this RFP, or by
addendum to this RFP, or by negotiated terms will be binding on the Board.
7.0 BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT
7.1 The Board is requesting this aff~davit to include a list of every .person" (as defined iro Section
1.01 (3), Florida Statutes, to indude indivkluars, chi~dren, firms, associates, joint adventures,
partnerships, estates, trusts, business trusts, symHca1es, fiduciaries, corporations and all other
groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity.
The affidavit must be returned to the Purchasing Department with the RFP or within three days
of request To submit thiS document, you must print, complete, notarized and re-uploaded it to
BidSync. This form is loca1ed a1 the end of this document.
B.il LOBBYING
8.1 Proposers are hereby advised: that lobbying is not permitted with any District personnel or
Board members related to or involved with this RFP until the administration's recommendation
for award has been posted at the Purchasing Department reception center. All oral Of written
inquiries must be directed through the Purchasing Department.
8.2 lobbying is defined as any action taken by an individual, firm, association, joint venture,
partnership, syndicate, corporation, and all other groups who seek to influence the
governmental decision of a Board member or District personne~ after advertisement of the RFP
and prior to tne posted recommendation on the award of the contract.
8.3 Any proposer who is adversely affected by the recommende<l award may file a protest within
the time prescribed in section 120.57(3), Florida statutes, Fallure to post bond with the Soard or
to adhere strictiy to the requirements of statutes and State Board of Education rules pertaining
to protests wiH resu~ in summary dismissal by the Purchasing Department. Additlonaliy, any
proposer who is adversely affected by the recommended award may address the Board at a
r89ularly scheduled 80ard meeting.
~ 84 Any proposer or any individuals that tabby on behalf of proposer during the time specified wll1
result in rejection' disqualification of said proposal,
May 22. 2009 2:1 ;}:02 PM EDT P 14
- 187 -
Smool ();,met (If Palm Beact1 Counly FI Ilid Cl9C-Q18K
9,0 PRE-PROPOSAL CONFERENCE
9.1 A pre.proposal conference will be held at Ihe Schoo' District of Palm Beach County, 3300
Forest Hill Boulevard, West Palm Beach, Florida, Conference Room Thurber C, First Floor, on
May 6, 2009 at 2:00 p.m. A~I prospective proposers should attend said pre-proposal
conference.
9.2 Bring all pre.prepared questions in writfng. Compose )lour questions on paper, ask your
questions at tile pre-proposal conference and give the facilitator the written copy of your
questions. Please write each quest[on that you will ask on a separate piece of paper showing
the RFP page number to which the question refers. After you ask your questions, the pre-
proposal conference facilitator wi~1 collect your written copy of the questions asked. Submitting
your questions in writing will assist in the preparation of an addendum, if needed, and wiH
elijminate any confusion in understanding your questions.
10.0 SCOPE OF SER~CES
10.1 This is a Request for Proposal (RFP) for Petroleum, Tariks and Environmental Services to the
School Orstr[ct of Palm Beach County, Florida (the District). These services wm include, but not
be limited to, storage tank remova~, replacement, installation, fuel deliveries and trarisfers,
waste disposal, hydraullc systems, boiler systems, etc.
11.0 EVALUATION COMMITTEE MEETINGS
11.1 As stated in Section 3.1 and Section '14.0 the Evaluation Committee will be convened to review
and evaluate responsive proposals, for the purposes of making a decision as to an intended
award. Per seclion 286.011, Florida Statutes, tile Evaluation Committee meeting is open to the
public. Notification of the Evaluation Commfttee's decision wlll also be posted for review by
interested parties at the Schoo' Distr[ct Purchasing Department, 3300 Forest Hill Bou!evard,
Suite A-323, West Palm Beach, FL 33406.
12.n PREPARATION AND SUBMISSION
12.1 P~ease note that BidSync will not allow a proposal to be submitted until all attacnments have
been reviewed (some reqUiring comptetionl on BidSync.com.
12.2 In order to maintain comparability and enhance the review process, It is requested that
proposals be organfzed in the manner specified below. Please upload your proposal in one
Document. lriclude all responses to the questions in your [nformation. It is reQuired that your
information be uploaded to BidSvnc. Please contact BidSync at 800-990-9339 if YOll
require assistance with document upload.
12.3 Title Pace: Show the date~ RFP number; RFP subject; and proposer's name, address,
telepllone number and email address.
12.4 Table of Contents: Include a clear identification of the materia' b)l seclion and by page number.
'12.5 Letter of Transmittal: Give tile names of the persons who will be authorized to mal<e
representations for the proposer and their titles, addresses. and te~ephone numbers.
12.6 ReQuest for Proposal: Complete the Required Response Form (page 1 of RFP) with an required
informatlon comple1ed and all signatures as specified.
I
'.Ioy n 2000 2:13:02 PM EDT p.15
- 188 -
School District of Palm B<Jach Cou nly F~ Bid OOC-l)18K
12.7 Experience and Qualifications of the Firm~ The firm must hold and must pwvide with this
response a copy of current Pollulant Storage Specia1ty Contractor I~cense from the Florida
Department of Professional Regulation. State the experience your firm has had in the 'ast three
years speclflcally in petroleum related services.
12.8 Qualifications of Staff: Give the names of individuals who will be assigned to the contract, if
awarded to proposer, and include their resumes and expand on their experience in the area
they will be serving.
12.9 Firm's Location and ResDonse Time: Geographical location of the firm and field staff will be
considered as to how it related to response Ume.
12.10 Capabilities of Firm~ The District is interested in contracting with firms capable of providing ali
petroleum related services that may be required. These services will include storage tan\(
removal, replacement, installation, fuel deliveries and transfers, disposal, and other related
duties. This will be considered during the evaiuaUon process.
12.11 Quality of Site Safety Plan: All proposals shail include a written site safety plan which may be
generic in nature.
12.12 Cost of Services~ The fees listed in this proposal document shall remain fixed ror the term of
the contract.
12.13 MinoritvlWomen Business PartiCipation: Proposers are to indicate the extent and natura of the
MIWBE's scope of work with specificity as it relates to the services described in the RFP.
Proposers shall provide certification w~h the District, or the State of Florida, Office of Supplier
Diversity, or its successors. Proposers that are District, or Stata of Florida Office of Supplier
Diversity, or it successors certified minority or women business enterprises, at the time of
submittal, will be awarded a maximum of ten points. Maximum points wHI be awarded for 15%
or greater minority participa1ion. Points will be pro-rated for tess than 15% minority
participation. Proposers that do not meet the aoove requirement may sub-conlract minority
business participaUon in accordance with Section 33.0 and receive participation points
Points for utilization of certified MIWBE subcontractors shall De assigned as follows:
15% and over 10 points
9% - 14% 8 points
4% - 8% 6 points
1% - 3% 4 points
0% o points
12.14 Insurance.. Provide proof of contract awarded proposer(s) insurance as required in Section
24.0 of this RFP or submit a letter of contract awarded proposer(s) intention to have the
required insurance within ten days of notification by tl1e District
13.0 PROPOSAL EVALUATION PROCESS:
13.1 RFPs are received and publicly opened. Only names of responders will be read at this time.
13.2 An Evaluation Committee, consisting of District personnel, will convene, review and discuss ail
proposals submitted. Purchasing personnel wHI participate in an advisory capacity only.
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School Oi,melof P aim Seach CCltln!y FI Bid OOC-D13K
13,3 The Eva1uation Committee will assign po~nts in the evaluation and recommendation process in
accordance with the evaluation criteria Iiste<! in Evaluation Criteria, Section 14.0, and rank all
proposals according Iy .
13.4 The Evaluation Committee reserves the r[ght to intervlew any personnel who may administer
and be assigned to work on the contract before recommendation of award, This interview is 10
be based upon tne written proposal received.
13.5 The Evaluation Committee or its designees reserve the right to negotiate further terms and
conditions, including price with the highest ranked proposer. If a mutual~ beneficial agreement
with tne first ranked proposer or all proposers being considered for award cannol be resoived,
the Evaluation Commtttee reserves the right to enter into negotia1ions with the next highest
ranked proposer and continue this process until an agreement is reached with the number of
programs required to meet the needs of the District.
13.0 The results of the E\/aluatlon Committee's evaluation and ranking is reviewed and approved by
the Department Director and the Purchasing Director prior to posting the recommendation,
13.7 The Purchasing Department will prepare and submit an agenda item to the District's
Superintendent of Schools.
13.8 The Superintendent wlll recommend to the Board, the award or rejection of any andlor all
p roposal( s).
13,9 The Board will award or reject any or all proposal(s).
14.0 EVALUATION CRITERIA
The Evaluation Committee shall rank all proposa1s received, whijch meet the submittal
requirements, in order 10 establish a pool of quallfied vendors. At a minimum, three (3) proposals
recelving top scores by the Evaluation Committee will be recommended for award,
MAXIMUM POINTS
A EXDerience and Qualifications of the firm 15
B. Qualifications of Proposer's Staff 10
C, Firm's Location and ResDonse Time 10
O. CaDabilities 25
E, Quality of Site Safety Plan 5
F. Cost of Services 25
G, MinoritvlWomen Business Participation 10
T01al 100
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15.0 CANCELLATION OF AWARDITERM1NA TlON
15.1 In the event any of the provisions of the contract are violated by the awarded vendor. the
Superintendent or his designee will give written notice to the vendor(s) stat~ng the deficiencies,
and un'ess the deficiencies are corrected within ten (10) days, recommendation will be made to
the Board for immedlate cancellation. Upon cancellallon hereunder, the Board may pursue any
and al~ legal remedies as provided herein and by law. In the event that it is subsequently
determined that a cancellation under this paragraph was incorrect, the termination shaH be
converted to a termination for convenience pursuant to the next paragraph.
15.2 The Bcam, reserves the right to terminate any contract resu"ing from this RFP, at any time and
for no reason, upon giving 30 days prior written notice to the other party. 'f said contract should
be terminated for convenience as provide<! hereln, the Board will be relieved of al1 obligations
under said contract The District will only be required to pay to the awarded vendor(s) 111at
amount of the contract actually performed 10 the date oftermination.
15.3 The contract awarde<! responder(s) will have the option to terminate the contract upon written
notice to the Director of Purchasing. Such notice must be received at least 90 days prior to the
effective date of termination.
15.4 Cancellation of contract by contract awarded responder(s) may result in removal from proposer
list for a period of three years.
16.0 FUNDING OUT, TERMINATION. CANCELLATION
16.1 Florida School Laws prohibit the Board from creating ob~igations on anticipation of budgeted
revenues from one fiscal year to another without year-te-year extension pmvisions in the
contracts.
16.2 It is necessary that fiscal funding out prOVisions be included in all RFPs in which the terms are
for periods of longer than one year.
16.3 Therefore, the following funding out provislons are an integral part of this RFP and must be
agreed to by all proposers:
The Board may, during the contract period, terminate or discontinue the services covered ;n tI1is
RFP for lack of appropriate<! funds upon the same terms and conditions as set forth in Section
15.0, Cancellation of AwardfTermination.
Such prior written notice will state:
a. That the lack of appropriated funds is the reason for termination,
b. That the School Board wili not replace the services being term;nated with services similar
to those covered in this RFP from another vendor in the succeeding funding period, and
c. This written notification will thereafter release The School Board of Palm Beach County,
Florida of all further obligations in anyway retated to such services and equipment covered
herein.
16.4 ThiS completed statement must be included as part of any contract with the succe5sfu~
proposer. No contract will be considered that does not include this provision for "funding out".
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17.0 DEFAULT
17.1 In the event that the awarded proposer(s) should bread1 tile contract, tl1e Board reselV~ tl1e
right to seek remedies in law andlor in equlty.
18.0 PAYMENT AND PERFORMANCE BOND:
181 The successful bidder shalj furn[sh a surety bond as security for faithful performance of the
order(s) awarded as a result of this bid, and for the payment of all persons performing labor,
and on their furnishing materials in connectijon therewith. Surety of such bond shall be in an
amount equal to the bid. The Attorney-in-Fact who signs tile bond must file with the bond a
certificate and effective dated copy of power of attorney. Bonding company must appear on
U.S. Treasury list. Performance and payment bond must be forwarded to the Director of
Purchasing within 15 days of notilication of award of tIlis contract. if this bond is not received
said bid will be subject to cancellation.
18.2 To ensure maximum participation, all MIWBEs and small firms in accordance with F.S. 255.05
wi~1 be allowed a bond waiver on construction projects up to $200,000. Prequalifications for
contractors on School District contracts and services will be required at $200,000 instead of
$50,000.
18.3 F.S. 288.703 - "Small business" means an independently owned and operated business
concern which employs 25 or fewer permanent full-time employees, and which has a net worth
of not more than $1 million, net worth requirement shall include both personal and business
investments.
19.0 DEBARMENT
19.1 The Board shall have the authority to debar a person I corporation for cause for consideration
or award of future contracts. The debarment shall be for a period commensurate with the
seriousness of the causes, generally not to exceed tl1ree (3) years. When the offense is wmful
or blatant, a longer term of debarment may be imposed, up to an ~ndefinite period.
20.D ANTI-DISCRIMINATION
20.1 The Proposer certifies that they are ~n compliance with the non-discrimina1ion clause contained
in Section 202, Executive Order 11246, as amendei:l by Executlve Order 11375 relative to equal
employment opportunity for all persons withou1 regard to race, color, religion, sex or national
origin. The provislons of the ADA Act of 1990 pertaining to employment shaH also be applicable.
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20.2 The Proposer shall not discriminate on the basis of race, gender, religion, national origin,
ethnicity, sexual orientation, age or disabi1lty in the solicitation, selection, hiring, or treatment of
sub-contractors, verldors, suppliers, or commercial customers, The Proposer shall provide
equal opportunity for sub-contractors to participale in a~1 of its public sector and private sector
sub-contracting opportunities, provided tnal nothing contained in this clause shall prohibit or
limit 01hel1Nise ~awful efforts to remedy the effects of marketplace discrimination that has
occurred or is occurring in the marketplace, such as Il10se specified in Ihe Palm Beach County
Scnoo! Board Policy 6.143, The Proposer understands and agrees Ihat violation of this clause
is a material breach of the contract and may result in contract determinalion, debarment, or
01her sanct~ons.
21.0 LEGAL REQUIREMENTS
2.1.1 It shall be the responsibility of the proposer to be knowledgeab~ of aH federal, state, county and
local laws, ordinances, rules and regulations and Board Policies that In any manner affect the
items covered herein. Specifically, proposer(s) is to adhere to Board Po1icies ~ and ~,
with respect 10 any criminal arrests and convictions, and is on notice that aFiy employees falling
the employee screening under Chapter 435, Florida Statutes, are precluded from providing
services to the District and must be replaced. The proposer's failure to comply may result in the
immediate terminat~on of the con1ract at tne sole discretion of the Board, Lack of knowledge by
the proposer(s) will in no way constitute cause for relief from responsibility.
22.0 FEDERAL AND STATE TAX
22.1 The Distr~ct is exempt from federal and state taxes for tangible personal property, The
Purchasing Department Coordinator will sign an exemp1iori certificate submitted by the
successful proposer(s). Proposer(s) doing business with the Dis1ricl wi~1 not be exempted from
paying sales tax to their suppliers for ma1er~als to fulfill contractua~ obligations with the District,
nor wlll any proposer be authorized to use the District's Tax Exemption Number in securing
such ma1erials.
23.0 CONFLICT OF INTEREST
23.1 All proposers must disclose the name of any officer, director, or agent who Is also an employee
of the District. All proposers must disclose the name of any District employee who owns,
direc11y or indirectly, any interest in the proposers' business or any of its branches.
24.0 INSURANCE REQUIREMENTS
24.1 Proof of ~nsurance must be furnished by Ihe awarded proposers to Ihe District by Certificate of
Insurance. AI' Insurarlce must be issued by a company or companies approved by tne Board,
24,2 Origirlal Certificates of Insurance meeting the specific required prov~sion specified within this
RFP shall be forwarded to (he District's Purchasing Department, ATTN: Jan Butts, Purchasing
Agent, and approved prior to the start of any work or the possession of any school property.
Renewal certificates must be forwarde-cl 10 the same department prior to the policy renewal
date.
24.3 Thirty days written notice must be prov~ded to the District via certified mail in the event of
cancellation of insurance. The notice of cancellation must be sent to the Purchasing
Department,
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24,4 The awarded proposers shaH provide complete copies of any insurance policy for required
coverage within seven days of the date of request by the Purchasing Department but in a~y
respect at least 30 days prior to the commencement of any term. For all contracts with an
amount of $500,000 or more the actual INSURANCE POLICY must be included with tt1e
Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(sj must comply with Section 440, Florida Statutes,
Workers' Compensation and Employees' Liability Insurance with minimum statutory limiffi.
8. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain, for
the life of the contract, Commercial General Liability Insurance. This policy shall provide
coverage for death, bodily injury, personal injury, products and comp~eted operations liability
and property damage that could arise directly or indirectly from the performance of the
contract it must be an occurrence form poHcy. THE SCHOOL BOARD OF PALM BEACH
COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE fOR
COMMERCIAL GENERAL LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single limit
for Bodily Injury Liability and Property Damage Liability.
C. BUSINESS AUTOMOBLLE LIABILITY: Awarded proposers shall procure and mainta[n, for
the life of the contract. Business Automobile liability Insurance. THE SCHOOL BOARD OF
PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
CERTIFICA TE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE.
The minimum Iimlts of coverage sha~1 be $1,000,000 per occurrence, Combined Single Llm~t
for Bodi~y Injury Liability and Property Damage Uabillty. This coverage sha1i be an "Any Auto"
form policy. The insurance must be an occurrence form policy,
In the event the awarded proposer does not own any vehicles, the District wi~1 accept hired
and non-owned coverage in the amounts listed above. In addition, the District will require an
affidavil signed by the awarded proposer Indicat~ng the following:
(Company Name) does not own any vehlcles. In the event the
company acquires any vehides throughout the term of the contract,
(Company Name) agrees to purchase "Any Auto" coverage as of the date of acquisition.
25.0 INDEMNIFICA nON J HOLD HARMLESS AGREEMEMT
25.1 Awarded proposers shalt, in addition to any other obligation to indemnify The School Board of
Palm Beach County, Florida and to the fu~lest extent permitted by law, protect, defene!,
indemnify and hold harmless the School Board, its agents, officers, elected officials and
employees from and against all claims, actions, liabilities, losses (includillg economic losses),
costs arising out of any actual or alleged;
A, bodily injury. sickness, dfsease or death, or injury to or destruction of tangible property
including the loss of use resulting therefrom, or any other damage or loss arlsil'lQ out of, or
daimed to have resulted in whole or in part from any actual or alleged act or omission of the
awarded proposer, Contractor, subcontractor, anyone directly or indirectly employed by 81'1yof
I them, of anyone for whose acts any of them may be Ilable in the performance of the work; or
Ma~ 21. 2009 2: 1302 PM EDT p.21
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Schoc>1 CiMrict of Palm B€am Co"n'~ FI BP;! 09C-!)18K
B. violation of law, statute, ordinance, governmental administration order, rule or regulation by
Contiactor in the performance ofthe work; or
C. liens, claims or actions made by tl1e awarded proposer or any subcontractor or other party
performing the work.
25.2 The indemnification obligations hereunder sha~l not be limited to any limitation on the amount,
type of damages, compensation or benefits payable by or tor the awarded proposer of any
subcontractor under workers' compensation acts; disability benefit acts, other employee benefit
acts or any statutory bar.
25.3 This article wiH survive the termination of the contract.
26.0 PUBLIC RECORDS LAW
26.1 All proposal documents or other materials submitted by the proposer in response to this RFP
will be open for inspection by any person in accord with Chapter ill, Florida Statutes. The
Board may unilaterally cancel the contract for refusal by contract awarded proposer(s) to a~low
public access to ail documents, paper, letters, or other maierial made OT received by the
contract awarded proposer [n conjunction with the contract to tl1e extent required by Chapter
119, F~orida Statutes. The Board may terminate any contract with a responder If Ihe responder
refuses 10 allow plJbnc access to documents made or receivecl from the Board unless such
documents are exempt from Public Record Dlsclosure.
27.0 PERMITS AND LICENSES
27.1 The awarded proposer(s) will be responsible for obtaining any necessary permits and licenses
and will comply with laws, rules, and regulations whether state or federal and with all local
codes and ordinances without additional cost to the Board.
28.0 INTELLECTUAL PROPERTY RIGHTS
28.1 The awarded proposer(s) will Indemnify and hold harmless, the Board from liability of any
nature or kind, including cos1s and expenses for or on account of any copyrlghted, service
marked, trademarked, patented or un-patented invention, process, article or work manufactured
or used in the performance of the contract, including its use by the District. If the proposer(s}
uses any design, device, materials or works covered by letters, servlce mark, trademark,
patent, copyright OT any other intellectual property right, it is mutua~1y agreed and understood
without exception that Ihe proposal prices will include all royalties of costs arislng rrom the use
or such des~n, device, or materials in any way involved in the work.
This article will surv,ve the termination or any contract with the Board.
29.0 COST INCURRED IN RESPONDING
29.1 All costs d~rectly or indirectly related to proposal preparation, representation or clarification shall
be the sole responsibility af and be borne by the proposer.
30.0 SUB-CONTRACTS
30.1 Nothing contained in this specification will be construed as establishing any contractual
relationship between any subcontractor(s) and the Board.
I
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Sd'loo~ District of Pal m Beact1 (Aunty FI ffij 09C-01 J>K
30.2 The proposer(s} will be fully responsible to the Board for the acls and omissions of Ihe
5ubcontractor(sl and their employees,
30,3 After award of contract, any changes in subcontractor or sub-proposers requires prior Soard
wril1en approval.
31.0 INDULGENCE
31.1 Indulgence by the Board on any non-compliance by Ihe proposer does not cons1i1ule a waiver
of any rights under this RFP.
32.0 JOINT PROPOSAL
32,1 In the event multiple proposers subm~t a joint proposal in response to the RFP, a singte
proposer shall be identified as the Prime Vendor. If offering a jo~nt proposa~, Prime Vendor
must ijnclude the name and address of all parties of the joint proposal, Prime Vendor shaH
provide all bonding and insurance requlremenls, execute any contract, comp~ete the
REQUIRED RESPONSE fORM shown herein, and have overall and complete accountability to
resolve any dispute arislng out of the contract, Only a sirlgle contract with one proposer shall be
acceptable. Prime Vendor responsibilities shall include, but not be ~imited to, performing of
overall contract administration, preside over other proposers participating or present at District
meetings, oversee preparation of reports and presentations, and filing any notice of protest and
final prates! as described herein. Pr~me Vendor shall also prepare and present a consolidated
invoice(s) for services performed. The D~strict shall issue only one check for each consolidated
invoice to the Prime Vendor for services performed. Prime Vendor shall remain responsible for
performing services associated with response to this RFP.
33.0 SUB-CONTRACTINGJMINORTTY BUSINESS PARTlCIPA nON
33:\ The Board strongly encourages the use of Minority/VIJoman owned business enterprises for
participation as associates, join1-venturers, prime proposers, and subcontractor in contracting
opportunities.
33.2 In order 10 receive evaluation credit for MIWBE participants, the proposer or firm(s) to be
utilized by the proposer must be certified by the Olstricl or the Siate of F~orida at tl1e time thai
the proposals are due. In order to ,eceijve eva1ua1ion credit for MIWBE participation, the
proposal must identify the specific certified MIWBE firm or firms upon which evaluation credit [s
sought, shaH indicate the extent and nature of ttle MIWBE's work, and shall ijnc1ude the
percentage of the total engagement which wnl be received by the MiWBE firm in connection
with the proposal. MIWBE participation In auxiliary services (e.g., graphics, printing and other
services) ls acceptab~e but will only be given evaluation credit If it augmen1s the prlmary service
of this RFP. ALL PROPOSERS MUST COMPLETE THE MM'BE SUBCONTRACTOR
PARTICIPATION LETTER OF INTENT (FORM 1525}. See Al1achment
33.3 Inquiries regarding listings of District and State Certlfied Minority and Woman Busirless
Enterprises can be made to the District's Office of Diversity in Business Practices, 3300 Forest
Hill Sou levard, Suite A-1 06, West Pal m Beach, FL 33406, (561) 434-8508 or on aUf web site at
htto:/lwww,palmbeach.k12.lLuslmwbe. All companies using minority or woman sub-proposers
will complete the MIWBE SUBCONTRACTOR PARTICIPATION SUMMARY {FORM 152.6) -
See Attachment This form must be subm[tted with all requests for payment.
I
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School Dismct nf Palm Beach Count)' FI Bid 09C-018K
33.4 Minor~ty Business Enterprise (MBE) ind~cates a business entity which is owned and operated by
a minority. In this instance, minority or handicapped group members are citizens of the United
States or lawfu~ly admitted permanent residents who are African American, Hispanics, Women,
Native Americans, Asian-Pacific, Asian-Indian, and eligible others as outlined in Administrative
Order 1-18.
33.5 The Board only recognizes as acceptable for certification as m~norltylwoman bus~ness
enterprises those firms, vendors, and consultants that have successfully completed the
certification requirements of the State of Florida Office of Supplier Diversity or the School
District of Palm Beach County Office of Diversity in Business Practices. Any pending
application with the District or the State of Florida Office of Supplier Diversity shal' not be
considered as certification of the vendor making appiicaUon for consideration as an MfW'aE
firm.
33.6 The Distr~ct does not currently by implication or direct means have reciprocity with any
governmentai or non-governmental entity, with the exception of the State of Florida OffiCe of
Supplier Diversity for the purpose of sharing andfor acceptance of MIW8E vendors andfor
consuUants.
33.7 The requirements to qualify for the MIWBE are to be cermied either by the State of Florida or
the District. The District does not recognize any other certifications. If you have graduated
from the certification of the District, 11 negates State Certlfication. Graduation (as described in
Board Policy 6.143) from the Dlstdcl MIWBE Certification prog.-am shall void certification by the
State of Florida.
F or District certHication go 10 http://www. palmbeach. k12 .f1. uslMVl/BE website and complete tI1 e
MIWBE certlftcat~n app~ication.
34.0 CONTRACTOR RFP REQUIREMENTS
34.1 As part of its proposal, proposer shall provide to the District a list of all Instances within the past
ten years where a complaint was filed or pending against proposer in a legal or administrative
proceeding alleging that proposer disCftminated on the basis of race, gender, religion, national
origin, ethnicity, sexual orientation, age, or disabmty against its subcontractors, vendors, suppliers,
or commercial customers, and a descriptLon of the status or resolution of eacl'l such complaint,
including any remedial action taken.
35,0 CONTRACT DLSCLOSURE
35.1 Upon the District's request, and upon the filing of a complaint against proposer pursuant to School
80ard Pollcy 6.144, proposer agrees to provide the District, within sixty calendar days, a truthful
and complete list of tile names of all subcontractors, vendors, and suppliers thai proposer has
used in the past fwe years on any of its contracts that were undertaken within Ihe DLstrict relevant
geographic market as defined School Board Policy 6.143, including the total dollar amount paid by
proposer for each subcontract or supply contract. Proposer agrees to fully cooperate in any
investigation conducted by the District pursuant to this Policy. Proposer understands and agrees
that a violation of thls clause Is a material breach of the contract and may result in contract
termination, debarment, and otl1er sanctions.
36.0 THE JESSICA LUNSFORD ACT
36.1 All contractors who are permitted access on school grounds when students are present,
I individuals who may have direct conlact with children or any student of the District, or who may
have access to or control of schoo' funds must be fingerprinted and background checked.
M<>y Z2. 2009 2.13:02 PM EDT P 24
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Sdiool Oislricl of Palm Beacl1 CQunt~ F~ Bid oec.o IBK
Vendor agrees to undergo a background check and fingerprin1ing if he/she is an ind[vidual who
meets any of the above conditions and to require that all ind[viduals in the organization who
meet any of the conditions to submit to a Level 2 FOLE background check, and FBI screening
including fingerpr[nting by the School District's Police Department, at the sole cost of Vendor.
The report of the results to be Immediately transmitted to the School District's Pol;ce
Department which shall be the sole determiner of clearance. Vendor shall not begin provkling
services contemplated by this Agreement until Vendor receives notice of clearance by the
School District and is issued School District badges. Compliance requiring ail vendors to
register as a visitor before entering school property and proper display of School District badges
will be strictly enforced. The School Board, nor its members, officers, employees, or agents,
shall not be Hable under any legal theory for any kind of claim whatsoever for tl'1e rejection of
Vendor (or discontinuation of Vendor's services) on the basis of these compHance obligations.
Vendor agrees thai neither the Vendor, nor any employee, agent or represen1ative of the
Vendor who has been convicted or who is currently under investigation for a crime delineated in
<lection 435.04 Florida Statutes wili be employed in the performance of this contract.
37.0 DISQUALIFYING CRIMES
37.1 The proposer certifies by submtssion of this RFP, that ne;ther it nor its principals is preserltly
debarred, suspended, proposed for debarment, declared inellgible or voluntarily exduded from
participation in this transaction by the State of Florida or Federal Government Further,
proposer certWes that it has divu'ged, in its RFP response, information regarding any of these
actions or proposed actions with other governmental agencies.
37.2 A person or affiliate who has been placed on the convJc1ed vendor list following a conviction for
a public entity crime may not submit a RFP on a contract to provide any goods or services to a
public entity, may not submlt a RFP on a contract with a public entity for the construction or
repair of a public building or public work, may not submit RFPs 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 publijc entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for
CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor ~isl.
37.3 The contract awarded proposer{s) or any subcontractors shaH not employ any persons with
multiple felonies and I or crlmes against children. The contract awarded proposer(s) must
provide documented proof of efforts to comply w~th this requirement. The Board may declare
any non-comp~iance or lack of diligent effort by the contract awarded proposer{s) to comply as a
breach of contract and immediately terminate the servJces of the contract awarded proposer(s}.
38.0 USE OF OTHER CONTRACTS
38.1 The District reserves the right to utilize any other District contract, any State of Florida contract,
any contract awarded by any other city or county governmental agencies, any 01her school
board, any other community collegefstate university system cooperative RFP agreement, or to
directly negotiate/purchase per School Board policy and/or State Soard of Education Rule 6A.
1.012(6) in lieu of any offer received or award made as a result of this RFP, if it is in the best
interest to do so. The District arso reserves the right to separately solicit any single order or to
purchase any Item on this RFP if it is in its best interest to do so.
May n 2009 2:13:02 PM EDT p.25
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School Oi;trn:l 01 Palm Beach Counti FI Bid Cl9C-{l18K
39.0 ASSIGNMENT OF CONTRACT ANDfOR PAYMENT
39.1 The proposer shall not enter into subcontracts, or assign, transfer, convey, sublet, or otherwise
dispose of the ensuing contract, or any or all of its right, title or interest herein, or its power to
execute such contract to any person, company, or corporation without prior written consent of
the District
39.2 The proposer will be prohibited from publishing or re'easing any information related to the
requested services without the prior written permission of the District. All reports and other
documents resulting from the ensuing contract will remain tne sole property of the Districl.
40.0 REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY
40.1 Possession of firearms will not be tolerated in or near school buHdings, nor will violations of
Federal and State laws and any applicable School Board polley regarding Drug Free Workplace
be tolerated. Violations will be subject to the immediate termination provision heretofore stated
in Section 21.1.
40.2 "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed
to< or may readily be converted to expel a projecble by tne action of an explosive; the frame or
receiver of any such weapon; any destructive device; or any machine gun.
40.3 If any employee of an independent proposer or contractor is found to have brought a firearm in
a District building, said employee will be terminated from the Board project by the Independent
proposer or contractor. If the proposer fails 10 terminate said employee, the proposers contract
with the Board shall be terminated.
40.4 Proposers are advised that they are responsible to ensure that no employee, agent or
representative of their company who has been convicted or who is currently under investigation
for a crime against children [n accordance with section 435.04, Florida Statutes< will enter onto
any school site.
41.0 AGREEMENT
41.1 A purchase order and/or a contract will be released, after award, for any work 10 be performed
as a result of this RFP. The proposal, response to the proposal, all attachments, any addendum
released, agreement if applicable, and the corresponding purchase order will constitute the
complete agreement between proposer and the Board. Should there be any conflict between
the terms of the RFP, response to the RFP (proposal), and the terms of the contract (Sample
Contract), the terms of the contract shall be fina' and binding and the RFP shall control where in
connict with the proposal. If proposer requires an additional contract, then proposer sllould
include their samp'e contract as an attachment to the proposal submitted for rev1ew.
42.0 POSTING OF RFP CONDITIONS I SPECIFICATIONS
42.1 This RFP will be posted for review by interested parties, at the Fulton Holland Educational
Services Center, Purchasing Department, 3300 Forest Hill Boulevard, 31'd Floor, A-Wing, Suite
A-323, West Palm Beach, FL, on the date of RFP electronic maHing and wi11 remain posted for a
period of 72 hours. Failure to file a specifica1ion protest within the time prescribed in section
120.57(3), Ftorida Statutes, will constitute a waiver of proceedings under Chapter 120, Florio'a
Statutes, and applicable School Board rules, regulations and policies.
I
M,,~ 22. 2~2,lJ:1)2 PM EDT p.26
- 199 -
Schoo~ District of "aim Beach C<Ju~t~ FI Bid 0 9C-O Hl K
43.0 POSTING OF RFP RECOMMENDATION / TABULATIONS
43.1 RFP recommendations and tabulations will be posted al the Fulton HoHand Educational Services
Center, Purchasing Department for review by interested parnes, at 3300 Forest Hill Boulevard,
Tl1ird Floor, A-Wing Suite A-323 , West Palm 8each, FL, on June 5, 2009
al 3:00 p.m., and will remain posted for a period of 72 hours. 'f the RFP tabu'alion with
recommended awards is not posted by said date and time, A "Notice of Delay of Posting" will be
posted to Inform all proposers of the new posting date and time.
43.2 Any person adversely affected by Ihe decision Of intended decision, as defifled in School Board
Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the posting of
the notice of decision or intended decision. Saturdays, Sundays and State Holidays shall be
exc1uded in the computation of the 72-hour lime period. The formal written protest must be flied
witl1ln 10 days after the dale the notice of prolest is f~led, The formal written protest shall state
with particulaflty the facts and law upon which the protesl is based. Failure 10 file a notice of
protest or to file a formal wrltten protest within the time prescribed in section 120.57 {3}, Florida
Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes.
43.3 Any person who files an action protesting an RFP specification, a decision or intended decision
pertaining to this RFP pursuant to Section 120.57{3J(b), Florida Statutes s1;all post with the
Purchasing Department, at the time of filing the formal written protest, a bond secured by an
acceptable surety company in Florida payable to the School Board of Palm Beach County in an
amount equal to 1 percent (1%) of the total estimated contract value, but nolless than $500 nor
more than $5,000. Bond shall be conditioned upon the payment of all costs that may be
adjudged against the protester in the administrative hearing in which the aelion is brought and
in any subsequent appellate court proceeding. In Heu of a bond, a cashiers check, certHied
bank check., bank certified company check or money order will be acceptable form of security.
If, after completion of the administrative hearing process and any appellate court proceedings,
the Board prevails, it shall recover all costs and charges included in the final order of judgment,
including charges by the Dlvision of Administrative Hearings. Upon payment of such costs and
charges by the protester, the protest security shall be relurned.
May 22. 2009 2:1J:02 PM EDT P 27
- 200 -
Sct1oo1 Di.\ric\ o( Palm Beach Cou nl~ FI Bi<j OOC.01aK
SAMPLE CONTRACT
CONTRACT BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
AND
This contract entered into (l1is _ day of _, 200_, between THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA, a political subdivision of tile state of florida, (hereinafter referred to as \he
"School Board") and , located at , (hereinafter referred to as
the "Contracllx"jlo provide _'
SECTION 1- Term of Contract
This contract shall be for the period beginning , 200_ tl1rough ,200_. The
contract may be renewed for additional one-year periods at the annual anniversary date. Tile
contract will nol extend beyond the year.
SECTION II - Services
The Conlractor shaH provide Petroleum, Tanks and Environmental Services per specifications in RFP
No. 09C-018K Petro~eum, Tanks and Emlironmental Services and the corresponding proposal submitted by
tne Contractor, wl1~h by reference herein becomes part of this contract. All addenda issued to RFP, if any,
are also made a part of this comrael.
SECTION 111- Cost of Services
The Contractor shaH be paid for services as hsted in the RFP and awarded for Petroleum, Tanks and
Environmental Services for the School Board.
SECTlON IV - Terms and Conditions
The Contractor sha1l have the option to termijnate the contract upon written notice to the aulhorfzed
re prese ntatlve of the School Board. Such notice mus1 be received at leas1 90 days prior to the effective date
of termination. The School Board shall have tI1e option to terminate the contract without cause upon written
notice to the authorized representative of the Contractor. Such notice must be provided to the Contractor at
least 30 days prior to the effective date of termination, and the Contractor shall only be entitled to
Moy n 2{109 2:13"02 PM EDT p.2&
- 201 -
School Dismcl of Palm Be acl1 C<lunt~ F, Bid 09C.{fll,K
compensation up to the date of termination. The Contractor shaU not be entitled to lost profits,
Earty terminat~n of the contract by the Contractor may prohibit the Contractor from submitting
proposals for a period of three years from the date of termination of the contract. The School Board sl1all
establish the termination date of the contract for use thereof.
There shall be no assignment of the contract or compensation to be derived therefrom by the
Contractor.
Included in this contract are the terms and conditions as described in the Request for Proposal, RFP #,
which are incorporated by reference herein and made a pari hereof.
SECTION V - Indemnification! Hold Hannless Agreement
Contractor shall, in additlon to any other obligation to indemnify the Schoo~ Board, and to the
Mlest extent permitted by law, prote<:t, defend, indemnify and hold harm~ess the School Board, its agents,
officers, elected officials and employees from and against all claims, actions, liabilities, losses (inCluding
economijc losses), costs arislng out of any actual or alleged~
A bodily injury, sickness, disease or death, or injury to or destruction of tangib~ property
including the loss of use result~ng therefrom, Of any other damage or 1055 arising out of, or
claimed to have resu'ted in whole or in part from any actual or alleged act or omission of the
Contractor, subcontractor, anyone directly or indirectly employed by any of them, of anyone
for whose acts any of them may be liable in the penormance of the work; or
B. violation of law, statute, ordinance, governmenta~ administration order, rule or regulation by
Contractor in the performance of1he work; or
C, liens, claims or act[ons made by the Contractor or any subcontractor or other party performing
the work.
The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of
damages, compensation or benefits payable by or for the Contractor of any subcontractor under workers'
compensation acts, disability benefit acts, other emproyee oonefit acts or any statutory bar.
This article will survive the expiration andfor termination of tt1is contract,
May 22, 2009 2: 13:02 PM EDT p,29
- 202 -
Sd100l [)ost~cll}f Palm Beam County FI BkI OOC-018K
SECTION VI-Insurance
Insurance wm be required 8S stated in RFP. The School Board of Palm Beach County, Florida shall
be named as an additional insured.
SECTiON VII - Cancellation of AwardlTermijnation
1 n the event any of the pro vis ions of this contract are vjolated by the Contractor, the Superintef1 dent or
designee will give written notice to the Contractor stating the deficiencies, and unless the deficiencies are
corrected within ten (10} days of such notice, recommendation wm be made to the School 80ard for
immediale cancellation. Upon cancellation hereunder, tile School Soard may pursue any and al~ legal
remedies as prov~ded herein and by law. In the event that it is subsequently determined that a canceltation
under this paragraph was incorrect, the termination shall be converted to a termination for convenience
pursuant to the next paragraph.
The School Board, reserves the right 10 telTTlinate any contract at any time and for no reason, upon
giving 30 days prior written notice to Ihe other party. If said contract should be terminated for convenience
as provided herein, the School Board will be relieved of all obligations under said contract. The SChool
Board will only be required to pay to the Contractor that amoun1 of the contract actually perfooned to Ihe
date of termination.
The Contractor win have Ihe option to terminate the contract upon written notice to the Dlrector of
Purchasing. Such notice must be received at least 90 days prior 10 the effective date of terminalion.
Cance~latijon of contract by Contractor may result in removal from responder lijst for a period of Ihree
years.
SECTION VIII- Funding Out, Terminalion, Cancellation
Florida School Laws prohibit School Board from crealing obligations on anticipation of budgeted
revenues from one fiscal year to another without year-ta-year extenskm provisions in the contracts.
II is necessary that fiscal funding out provisions be inc1uded in atl contracts in which the terms are for
periods of longer than one year.
Therefore, th e following fu nding out p rovislons are an integral part of this contract:
May 22. 2000 2: I 3:02 PM EDT p.3()
- 203 -
Sch~~1 District of Palm ~adl Coun\~ FI Bid 09C-O 181\
The Schoo' Board may, during the contract period, terminate or discontinue the services covered in
this contract for lack of appropriated funds upon the same terms and conditions as set forth in Section
VII C a ncellatic n of Award I T erm[nation.
Such prior written not~ce will stale:
A Thallhe lack of appropriated funds is the reason for termination, and
B. Agreement not to replace the services being terminated with services similar to
Ihose covered in this contract from another vendor in the succeeding funding
period.
"This written notification will thereafter release the School Soard of all further obligations in any way
related to such services covered herein".
This compieted statement must be included as part of any notice of termination.
SECTION IX - Jessica Lunsford Act
All contract personnel (vendors, individuals, or entlties) under contract with the School Board who are
permitted access on schoo' grounds when students are present, who may have direct contact with any
student of the School District, Of who may have access to or OOi1trol of school funds must be fingerprinted
and background checked. The Contractor agrees to undergo a background check and tingerprinting if
helshe is an individual who meets any of the above conditions and to requtre that all individuals in the
organization who meet any of the conditions to submit 10 a background check, including fingerprinting by the
School District's Police Department, at the sole cost of the Contraclor. Contractor shall not begin providing
services contemplated by this Agreement until Contractor receives notice of clearance by the School District.
The School Board, nor its members, officers, employees, or agents, shall not be liab!e under any jegal
Iheory for any kfnd of claim whatsoever for the rejection of Contractor (or discontinuation of C<lntractor's
services} on the basis of these compliance obligations. Contractor agrees that neither the Contractor, nor
any employee, agent or representative of the Contractor who has been convicted or who is currently under
investigation for a crime deltneated in section 435.04, Florida Statutes, will be employed in the performance
of this contract,
May 22. 20119 21 302 PM EDT p.31
- 204 -
School Dislrict of Palm B<!actl COUrlty FI Bid 09C-018K
SECTION X - Default
In the event that Ihe Contractor should breach thls contract the School Board reserves the right to seek
remedies in law andfor in equity.
SECTION XI - Debarment
The Schoo Board shall have the authority 10 debar a person I corporation for cause for consideration
or award of future contracts The debarment shall be for a period commensurate with the seriousness of the
causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of
debarment may be imposed, up to an indefinite period,
SECTION XlI- Federal and State Tax
The District is exempt from federal and state taxes for tangible personal property. The Purchasing
Department Coordinator will sign an exemption certificate submitted by the Contractor. Contractors doing
business with the School Board will not be exempted from paying sales tax 10 their suppliers for materials to
fulfill contractua1 obligations with the School Board, nor win any responder be authorized to use the District's
Tax Exemption Number in securing such materials.
SECTION XIII - Amendment
This contract shan only be amended or modified jn writlng executed by both parnes.
SECTION XIV - Strict Performance
The failure of either party to Insist on strict performance of any covenant or conditions herein shall not
be construed as a waiver of such covenants or conditions for any instance.
This contract s"al~ be construed in accordance with the laws of1he State of Florida.
If any litigation shali result from this contract, venue shall lie in Palm Beach County, Florida.
This contract shall not be construed against the party who drafted the same as both parties nave had
experts of their choosing review the same.
Th~s contract is binding on the parties hereto, their heirs, successor andfor assigns.
Section XV
Should elther party breach this contract, the non-breaching party shall be entitled to all remedies as
I provided by law and equity.
r'A ay n. 2009 2: 1 J :02 PM EDT p.32
- 205 -
Schom Di$1Iid 01 Palm Bfladl Gouro\)' FI Bid09C.{)18K
In witness whereof, this contract has been executed on the day and year first above written.
(TYPE IN CONTRACTOR NAME) THE SCHOOl BOARD OF PALM BEACH COUNTY,
FLORIDA
BY: BY:
Wm~m G. Graham, Chairman
WlTNESS~
Date
WITNESS: Attest:
Arthur C. Johnson, Ph.D., Superintendent
Reviewed and Approved for Form and Legal Sufficiency:
DATE:
BY:
Attorney
'~ay 22. 20M 2: 13 :02 PM EDT p.33
- 206 -
School Dismct nf Palm Beach Coulll, fl SKI Ogc-tJ18K
BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT
Project: RFP No,: 09C-018K REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS AND ENVIRONMENTAL
SERVICES
Corporation Name: Tax FEIN Number:
STATE OF COUNTY OF
Before me, the undersigned authority, personally appeared, rCorporate
Representative") this _ clay of , 200_, who, first being duly sworn, as required by law,
subject to the penalties prescribed for pe~ury, deposes and says:
1 ) Corporate Representafute has read the cooten!s of this Affidavit, has actual knowledge of the facts contained
herein, and states that the facts contained herein are true, correct, and complele.
2) The 10100 ng is a list of every "person" (as defined in Section 1,01 (3), Florida Slalues 10 include indMdl.lals,
d1l1dren, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations and all other groops and com binations} holding 5% or more of the beneficial interest in 1I1e disclosing
efltity: (If more space is needed, attach separate sheet)
A Persons or corporate entities owning 5% or more:
No,..., - Po.......ge
.~amo ""...... p~
H""" Add-o.. "-'""go
B, Persons or corporate entitles who hold by proxy the voti"-g power of 5% or more:
Homo """""" ~
Na.... - "--'''''go
No... _.. p,,,,,,,,,,,,,
C. Stock held for others and forwtwm held:
Hamo - """"""go
Fe; wtan He~ _.. p~
t<am. -. -1lO
E=or 'IM1om H&kI AOO..... -
CORPORATE REPRESENTAT~VE
By:
S'MJRN TO and subscriled befum me lJiis _ {lay of ,200_, b~ . Such persoo(5), (t-btary PliIlic
rntIsl check appf>eable b<Jx):
I ) is/are persol'\Blll' known 10 me. I I produced a current driver license(s)_ I 1 produced _ as kJeJllifica1io[l,
(OOT ARY PU6LlG SEAL)
NOla')' Public
(Print, Type or Slamp Name 01 Notary Public)
May 22, 20G9 2:13:02 PM EOT p,34
- 207 -
School Dislricl 01 p~rm Beach County Ft Bid 09C-D1 8K
09C-018K QUESTIONNAIRE/COST OF SERVICES
UNDER THE TERMS OF THIS CONTRACT. MILEAGE COSTS WILL NOT BE ALLOWED AND CHARGES FOR TRAVEL
TIME W~LL NOT BE ALLOWED.
THIS INfORMATION MUST BE INCLUDED WITH YOUR PROPOSAL
IN ORDER TO BE GIVEN CONSIDERATION.
1. QUALIFICATIONS OF THE FIRM AND STAFF FORMS:
A.
~
8- Number 01 years this firm has been in a petroleum-retaled business inll1e Slate 01 Florlda: r- ~ears
C. Ust five c1ienls 1m whom petroleum-related services have been provided since Janua ry 1, 1998. Provide a bOaf
description of !he services, .oope and ~nal costs of each project. Incl Llde a contact person and lelephone number For
each 01 the clients. The School Disbie! may contact lhese refers nces as well as othel5.
Client Name;
~ nlact Person:
Telephor;e Number.
Briel Description of I E
Project: %I
Client Name; ... .. .-
Conlac:l Pe rson; . --- ,
Telep/loMl Number:
Brief Description of I ~
Project: r!1
Client Name; ..
Conlac:l Pe rson; .. - --
TeJeplione Nu mber;
Brief Description of I ~
Projee!: ZI
CI ient Name;
Conlac:l Pe rson:
Telephone Nu mber:
Brief Description of I ~
Project
Client Name;
Contact Person:
Telepoone Nu mber: -.....
Brief Description of I iJ
Project __ __. , L ".-.,. - -.- .-.- .-- ...""-- -- J
May 2L 20092:13:02 PM EDT ~, 35
- 208 -
School District (>1 Palm Bea ch C(>uol~ 1'"1 Bid 09C.01BK
O. Attach a copy of you r Pollutant S pecialty Co~iractor's Ucense to Ulis lJocu men!.
E_ Does yo u r fiOTll1old all EPA Generator I D number? r Ves r No
If yes, lisl your EPA Generator ID number. I
F. Has your lirm bee~ party ill any legal action alleQing improper tan~ removal, hslaUation, seledion, repair or oilier
petroleum rei Bred servi ce ill the past five ytlar'>?
Yes I No I
II yes, nnefly lJescribe the silu alia n a Ild outcome on a Il attached sheet of pa pi! r. lnclude dates, name 5 of other
partieslag encies i~volved and co nled: jlersOllS Vii illi phone num be rs.
G. How many emproyees lJoes your firm emp'oy in Florida? I
a ualificati ons a ~ d E):!:lerience of the staff. Ust na mes, addresses, yeats of experlelloo (petroleu m relatBd) and
~ualfficatio ~s for project managers, lead workers arn:l se nlice technicians who will be asslg ~ed to School District
projects. Resumes and certificates must be allacl1ed.
I ~
i1
2. FIRM'S LOCATION AND RESPONSE T1ME FORM:
local Address: .c.. d . ~ .HH --
City - ...-.
Stale
Zip Code
Oays & Hours of Normal I
Operation ~
Is staff available on emerge~cles? Yes r No r
Is firm avai lable 10 respond l~ 24 hours? Yes I No r
3. CAPABILITIES OF FIRM FORM:
A llidicare with an 'X. which of the following tas~s yo ur firm is qualified to perto rm and could offer 10 the District. II
a subcontraclor will be used 10 complete tile task, indicate with an "X. ili the suboo~tractor colum~. Give
SubDclIllracting firm name, adlJresa, and phone on all allaclled sheet of paper. Spectfy the ~!Vioe provided by
tile subcontractor.
Pre ation Subcontractor
ArcMeclural Site Oe5ign r
Maj 22. 2009 2:13:02 PM EDT j).36
- 209 -
SclJool Dis11ict of Palm Beach County fl Bi:! 09C-013K
Engiooerir>g Sile Desi(ln I r ~ r
Speci1ica\ior1s l r T r
P~rehase Installation and R_air
P<ltroleu m TanksfPipi ng r r
Owrfill r r
OV8rspill r r
S~ndary Contai nmenl r r
Venl System r r
Vapor Recovel} Systems r r
1 nvenlol} Kooping Syst<lms r r
l<la~ Det&Ction Systems r r
Pumps r r
Dispensing Systems r r
Cathod ie Protection r r-
Oi lIWaler Separators r r
Hyd raulic Lift Systems r r
Emergency Gllnerators r r
Boiler Systems r r
Removal and Disposal
Tan klPip ing r: r:
fuel r: r
free Prod ucl r r
Oily Waste Water r r
Non-Hazardous Wasle Sludge r r
Hazardous Waste Slud9!! r r
P<!lroleum Conlaminated Soils r r
TesUn!l
Tan~ and Une Tighl ness r r
Cathodic Pmt<lction r r
OVA Soils Scrooning r r
OVN;.Jr Quality r r
Vapor Explosive Limits r r
Envimnmenlal Sample Cnllectlon r r
laboratory AnalYMls r r
Groundwaier r r
Slud'ge r r
Stale II Va DOr RecovBrv
Decay Tests r r
BlocKage Tests r r
Miscellaneous
S ile DemoUtion an dlor Restoration r r
Conslruction of SecoTl da ry Conla~nment r r
Slurry Sealing Tank r r
Drumming of Haz.ardous Waste Sludge r r
~ Stockpiling of Soils r r
"'"l' 22c 2tl09 2: 13' 02 PM EDT p.37
- 210 -
Sm",,1 Dislrict of P81m Beam Cnunty FI B;.j 09C.01BK
Lig htning Prolet:lion Systems r r,
Tank Cleaning r r
24.ho~r Emargency Spill Raspon se r r
Calibration of Dispensing Systems r r
Callbration of Inventor}' Syst~ms r r
Sheetpiling (Z-Sptine) r r
Oe-Watering Syst~ms r r:-
Hydra~lic Vehicular UIts r r
F~el Dellvery, Transfer r r
B. Is you r firm aJ1 dlor staff 00 rtffied to repair/maintain or proville warranty se",ice for the following petrole ~m
syst&ms:
~ H.Q
1. Veeder - RlXlt Leak Detec~on Systems r r
2. Pelm.Vend rn\l@nlory Control Systems r r
3. GilbalCl) F~el Dispensers r r
4. Hea ley Stage II Vapor Assist Systems r r
5. Red Jacket and FE Petro Submersible Pumps r l
6. Conva~lt Storage Tank Systems r r
7. Highland Oil-Water Separators r r
8. Modern \I1re1d ing Ta nk Systems r r
Please list lI1e number of Service Technicians c~rrently employed l>y your firm. 1
4. 5 iTE SA F ETY PLAN - Includ~ a OJpy of your firm's generic Heallh and Safety PJa n.
5. FEES: ~ Price Proposal)
The following fees will rema ill fixed for ttce term 01 the ronEract
A. Base Price: On a separate paper, Iollowlngll1e formal below, list employees (by position] required to complete
toose tasks indicated and Iheir ho~rly compelisa~on. You should iliClude subc<:mtractors where necessary.
Examples:
Job l1t1e / D~lies - $1 Blllilig Rate per ho~r
Job nile I Du lles - $1 B illifig Rate per hour
B_ Services
Tan k Slurry Sealing with co fiorete $1 IgatloIi
OVA Rental with technician $1 /ho~r
Tank Tightness Testing $1 IPetroleum tank
Lifie Tightness Testing $1 Iline
Virgin fuel Transfer $1 fgaUon
I Used Oil Disposal $ L _.._ :Igallol'l
Ihy 22.2009 2:13'02 PM EDT p. :J.S
- 211 -
School o;smcl of Palm Effiach Count)' FI Bid 09G-018 K
Fuell'NalerlOil MixllJre Disposal $1 /9a~lo"
Sludge Dlsposal- Hauroous
Gasoline S Iw:lge $1 155 gal. dl\lm
Die sel Slu dge - Non-l1azard 0 U s $ i /55 gal. drum
(Srudge disposal 10 IfIClude drumming. analysis, transportation and disposal fees.)
C. Mis rellaneous C haroes:
Briefly define additiona I charges as related to the Iollow~ng. Give their amounts and axpl ain when and how they are
assessed 'Mileage and travel ti me wlll not be bi liable under this contract'. (Attach a separate pag e ij necessa ry-l
Overtime: 1
Downtime: 1__._._ ._.______"
Mobiltzatron C ha rges: 1
EmergBllcy Respon se C harges~ 1
Holidays and Weekend Charges: 1
(Provide a list of Conlractor H oM ays,
$ubcolilraciQr or materials marn up: I
I
t,1.y 1.. 1Q09 2:n-02 PM EDT IJ 39
- 212 -
Sd1(l[l1 D1smcl 01 Palm Beach County FI tM 09C-01SK
09C-018K - ADDITIONAL INFORMATION DOCUMENT
This information will no1 be used in the evaluation of the RFP.
I VENDOR NAME: I ~
List any additional services below. Pric<llisls rates etc. may be attached 10
submittal.
.11
-~
Equipment Attach a list of specialized eqlJipmerlt necessary to complete tasks
within )'our capabilities. Give descriptions as to size, age, and type of equipment
[nclude rates with o~rator costs.
~.
.-
,td
I
May 22. 2009 2:n02 PM EDT p.4Q
- 213 -
&00001 Di,\r\cl af Palm BeaCh Co"nl~ FI Brl 09C-ll18K
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Drug-Free Workplace Certification
Preference must be given to vendors submitting a certification with their bid/proposal certlfylng they have a
drug-free workplace in accordance with Section 287.087. Florid<l Statutes. This reqLlirement affects all
~ubl ie entities of the State an d becomes effe ctlve J<ln L1ary 1, 1991 . The sped al co ndition is as fo~lows:
IDENTICAL TIE BIDS - P,eferef1Ge shall be given to businesses with druid-free workplace programs.
Whenever two or more bids which are equal with (espect 10 price, quality, a.nd service are received by the
State or by any political subdivision for the proc>Jrement of commodities or contractual selVices, a bid
received from a business that certifies that i1l1as im~lemented a drug-free workplaoe program shall be given
preferel1ce;n the award process. Established procedures for processing tie bids will be followed if none of
the lied vendors have a drug-free workplaoe program, a business shall:
1. Publish a slatement notifying employees that the unlawful manufacture, dislrilllltion, d~pel1sing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. ~nform em pi oy ees about the d ange rs of dr>Jg abuse in the workplace, the bu siness's policy of
maintaining a drug-iree workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties tli<lt may be imposed upon employees for drug abuse violations.
3. Give eact1 employee engaged in providing the commodities or contractual services that are under bid a
copy of th e statement speclfied in su bsectlon (1).
4. In Ihe slatement specified in subsection (1), notify the employees thai, as a condition of working on the
oommodilies or contractual selVices that are under bid, the employee will abide by 111<1 terms of the
statement and will notify the employer ofany conviction of, or plea of guilty or nolo col"llendere to. any
violation of chapter 893 or of any controlled substance law 01' Ihe United States or any state, tor a
violalion occurring in the workplace no laler than flve (5) days after such conviction_
S. Impose a sanction on, or require ltie satisfaclory participation in a drug abuse assistance or
rehabilitation program if suct1 is avallab'e in the employee's communiljt, by any employee who is so
convicted.
6. Make a good faith effort to conlinue 10 maintain a dr\Jg-freeworkplaoe through implementalion of tI11s
seetio 1"1.
As the person authorized to sign the statement, I certify thatthls firm complies fully with the above
req u i raments.
I I
VENDORS SIGNATURE DATE
I
COMPANY NAME
Must be executed and returned with attached bid at lime of bid opening to be considered.
PBSO 05S0 (Rev. 4/8/2(03) QRIG INAL - P"rd13sing De~artment
',1ay 22. 2009 2:1302 PM EDT p 41
- 214 -
Sdlool o;s1rict {If Palm Sea&> County Fl Bi(/09C-018K
School District of Palm Beach County
MI NORITY CERTIF~CA nON ~ N FORMATION
. Checlc hele if NIA~ r . Form must b8 9ubmitted 10 tlidliync.com.
Mir\ority Certification applications are available through the Minority Business Enterprise
located at
Office of Diverslty in 8usiness PracUces
School District of Palm Beach County
3300 Forest Hill Boulevard, Suite A-106
West Palm Beach. Fl 33406-5871
Phone: (561) 434-8508
http://www.palmbeach.k12.f1,uslmwbe
Are you a minority vendor certified by: (Check if appropriate)
Palm Beach County School District r.
State of Florida r
If yes, expiration date I
Minority Classification I ..--
'1 you are not a certified m~nority vendor and intend to sub-contractwlth a certified
minority firm(s), please list the vendors and the estimated dollar value below:
:!llllil!u Eltlmated Dollar Value
I $1
I $1 ..
L - --- . . __ om _ . $1-_-
Mot 22. 2009 2: 1 3 :02 PM EDT r 42
- 215 -
School DiWict of Palm Beam Olun\~ fl Bioi 09C-Ol 8K
THE SCHOOL D1STRICT OF PALM BEACH COUNTY
OFFICE OF DlVERSITY IN BUSINESS PRACTICES
Letter of Intent
MinorityNiomen Business Enterprise (MIWBE) Subcontractor Participation
Form must be submitbMl to BidSync.eom r Cheek if not applicable
SIDIRFPIRFIIITN or Project Name I
BIDIRFPJRFInTN or Proje-ct # I
Name of Bidder/Responder I
The undersigroed intends to perform work with toe abo"e project as (check onr<)
r Individual r Partnersh~p r Corporation r Joint Venlure
* If a join! Win/11m, attach le/tem9ad or (}/!lBr docum efl!s/ion proving /1itJaUonsllip-J
The undersigned intends 10 perform work with the above project as (check one)
r Subco ntractor r Subconsullarlt r Manufacturer r Supplier
The undersigned is: r. Certified with the School 0 istrict of Palm Beach Cou nly MIWBE Coordinator
r Certified willi the State of F~orida, Department of General Services
(Provisional)
The undeE'13igned is (cheCK only Dne in each applicable oolumn):
Column 1 Column 2 Column 3
r African American r Nahve Americal1 r Female r Physically
r Asian Amer~carl r American F ema'e r Male
r Hispanic
American
PARTICIPATION: Tl1e undersi
Item' CONTRACT (Trade lite"", (Dese rlpltcnlOMslon) Amount
-.~
..
.if!
~
i!J
-,
I
May n 2009 2:13:0l PM -EDT p.,n
- 216 -
ScI1O<ll Di~ hict 01 P ,,1m Besch Cmmty 1"1 Bid Q9C,OlBK
r-- I ~ I
,,?J
:~
...
. - ~_. - .--. - ~
:-;..i:
.!.I
.~ ."
',A:
IE
~
.4t.I
~
....-....:~
---- - ~
If the u ndersigr.ed intends to sub-contract any portion of this sullcontracl to a non-certified MiWBE subco ntreclor. the amou nt
of a ny such su bconlract must be stated $L
Name of MlWBE Subcontractlng Firm I.
Na me a no Posrtion (type or printl I
PBS D \525 (Rev. 21ll120D-!l) OR~GINAl - Office of lJivers1~ in Businss.s Prac~ces
Ma\' 2:2, 2009 2:13:ll2 PM EDT 1',44
- 217 -
School District of Plllm Beact1 CQun'~ 1'1 10M Q9C-Q1 BK
School District of Palm Beach County
Minority Women Business Enterprise {MIWBE)
Subcontrac1or Participation Summary
.... Check here if N/A: r. Form must be submitted to bidsync.com.
BIDJRFP !)r Project Name !
BID/RFP !lr Project N1.Jmoer 1
Total Bid {Base and Alternatives) I
TO DIRECTOR OF PURCHASING DEPARTMENT
Th e MIWBE Subconlractor firm s I iste d below have agreed 10 parti ci pate in Ihis BIDIRFP or project for the
Contract (Tradelltems a!1d the dollar amounts shown_ Letler(s) on Intent (PBSD 152-5) for each Subcontractor is
(are) attached.
Those Subcontractors represented to me as MNIIBE Certified by the MfWBE Coordinalor are (1Oreo. Also noted
are those Subcol1tractors not presently certified oLJI: representing themselves as MIWEE qualified for certification.
For those Su OCol'1iractors, an identification Statement is attached to lhe~r Letter of 1 ntenl (PaSD 1-525).
C-ERTIFIED
CONTRACTOR CONTRACT ITRADESllTEMS AMOUNT
YES IW
L ._ . .. h__. _."' r r -- . - --~. - L .. -. ... .
I . r r I
.
L r r I. ,,-... I --
I. ._ r r
. ~ ..--.. ,-_. _h _ .u .. .. - -.- -. .", . ~
I r r
I r r I I
I r r
I .. r r L.____ . .. 1__- ... .._
. - ._ _. __n._ --.
L. r r I
.. ." ...-- --.
L r c ----- .Ou L
.-.. -.
I r r I I
----. - - - . . ..___ c_r~~
1..__. .. ___ __ .__ - . . -0" __ _, .'_' r, r L____ _ ._... .. hOoO. _ __ - ._~ L .... __ _.___H _
T atal MfINB E Su bC()ntractor P a rticipatiol"l I $\ I
Percentage of Tolal Bid {Base & Alternates) ~ 1% I
Contracting Firm Name I
Name and Position (type or print) I
I I
Srfj.....A TVRE ~T.:
P BSD- 1 S21S (FI E. Hl,'1-SJ20D1) QRIGI).I,l.L ~ FlIrw:h-i1sng Dlllp.arhum1
May 22. 2000 2:13:l)2 PM EDT p.45
- 218 -
Sc~l Dis\Iict {If Palm lleaoh COL>n~~ Fl Bid OllC .01 BK
Question and Answers for Bid #D9C-O 18K - Request for Proposal for
Petroleum, Tanks and Environmental Services
OVERALL BID QUESTIONS
Question 1
In Section 2. of Questionnaire/Cost of Services Documenl, ".5 firm a~ailable to res~ond in 24 hours,' Is this asking if
firm can responl! 24 hours per day or within 24 hours of lssue, (5utlmitle-d: MaV 4, 20093:06:59 PM EDT)
An_er
- II is asking if the firm can respond withln 24 hours. (Answereo: May 4, <Oo~ 3:08:10 PM EDT)
Question 2
Is this RfP for su~ply and installation of fuel tanks or is il deaning/reha~i1it<ltion of e~isting fuellanks? (5ubmitted: Mov
12, 200~ 3,52:38 ~M EDT)
Answer
- It ma y ~e u sed for all petro 1e\J m relateo services depend ing on the needs of the Dlstrict. This may I nclu de, but Mt ~e
limited 10, tank and line replacements and a muUituoe of different Iype service calls. Refer 10 list in Rf~. (Answereo: M.~
12, 200S 3:54:52 PM EDT)
Question 3
Para 18.1 speaks to surety Ir0l10 rE{[uiremenlS. How Is lf1e ~OTll! amount delerminell with this RFP, (5ut>mltted: Mav 12,
2009 5: 45: 53 r-M EDT)
Answer
. PI ease refe r to Ad dendu m 3, posted May 15, 2009. (l\J1swe.ed: May 15, 2U 09 3: 33: 49 ~M EDT)
Questilm 4
Para 2.7.1 speaks to permits 2nd Hcenses. If subject work is conducted on school property will fees be required for
permits? if yes, will the pro pnser be reim b ursed fo r such fees? (Sub mltted: M ~y 12, 2009 5 :41>:0 5 PM EP")
Answer
- Permits for WQrk done on District pro~erty lOre provided Iry the Dislrict's building departmenl at no fee to ttoe contractor.
(Answered: M ~y 14, 20(l9 8: 5 8: 44 A.M EO,.)
Que5tlon 5
Re Tank Slurry Sealing with concrete In Para S,B ,,~Cost of Services, is this cost for materli>1 only or for
materialfequi~flabor? {Submitteo: Mar 12,20096:04:06 PM EDT)
Answer
- The cost ;s to lJ.e all inclusive based on per/gaHon si~e of the tank. [An5wered: Mav 14, 2D09 8:58:44 "'M EDT)
Q u e5tlon 6
Goes wilh quest~on #5 (Slurry mlin~): Generally, outside vendor/subcontractors will be calle-cl in to pump out 911sollne,
die sel and 0 i Iy wa ters a nd there a re more cha rge s involved lor lf1eir Ser" ices tha n a d ollar a m1lunt pe r 9 a II an. Are we t\)
incorporate tl1e requested per gall"n charges alang with their mobiliz~tion, techTl;clan(s), \lac trucks etc" Or can this
sectio n be rem oveo a no tl1e stan dOl rd su~contractor m nkup be used insre a ~ to !tee p pri ci ng fal rand up front for !loth
p1lrtles! {5ubmltted: M~y n, lDU91:19:42PH EDT)
Answer
- Sf;>m e ~elldo rs df;> n tll ~enera'ly use subcontractors so they 511 ou I d I nd icate thai r che rges. If subs a re used then If1 e firm
shou I d I nd Icate what th ey, th" propose r, will c!large the D I strict un der th i s contra ct, It may be Ih ~t fi rms that do n.ot U$ e
sub co ntracto rs cna rg" Ie ss. Th e D istri ct wants 10 kn ow wh at they wi II he charged by th e ~ro ~ose r for In e se services,
[Answered: Ma V 14, 2009 8: 58: 44 AM EDT)
May 22. 2009 2: 1 3:02. 1'M EOT p.46
- 219 -
6. H
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-146 - Authorize the
execution and payment of the annual service agreement between Motorola and the City of Boynton
Beach in the amount of $138,676.32.
EXPLANA TION OF REQUEST:
The service agreement with Motorola is to provide 24-hour repairs for radio equipment, dispatch
service, technical support service, network monitoring service, infrastructure repair with advanced
replacement service, onsite response service-Premier Option, and microwave Services.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
This contract will allow 24-hour maintenance of all city service radios including mission critical
departments including fire and police. This includes regular maintenance and repair of subscriber units
as well as the backbone infrastructure.
FISCAL IMPACT:
Budgeted amount included in the Account #001-1810-519-46-24.
AL TERNA TIVES:
None since with the completion of the rebanding process and the purchase of new Motorola equipment,
we are committed to renewing this contract for the foreseeable future.
- 220 -
RESOLUTION NO. R 09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND MOTOROLA, INC.,
PROVIDING FOR THE MAINTENANCE OF THE RADIO
SYSTEM FOR A TWEL VE (12) MONTH PERIOD, IN AN
AMOUNT NOT TO EXCEED $138,676.32; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the
recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service
Agreement with Motorola, Inc., for the maintenance of the radio system for a twelve (12) month period;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
authorize and direct the City Manager to execute a Service Agreement between the City of Boynton
Beach and Motorola, Inc. for the maintenance of the radio system for a twelve (12) month period in an
amount not to exceed $138,676.32, a copy of said Agreement is attached hereto as Exhibit "A."
Section 3. This Resolution shall become effective immediately upon passage.
- 221 -
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST: Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 222 -
G MOTOROL.A SERVICE AGREEMENT
Attn: Nat/Mal Service Support Contract Number: SOOO01000428
1309 East Algonquin Road Contract Modifier: RN16-APR-0909:07:23
SchaumbrJfg, IL 60196
(800) 247-2346 Supercedes Agreement(s):
Date: 04/19/2009
Company Name: BOYNTON BEACH, CITY OF Required P.O.: No
Attn: Customer # : 1000303040
Billing Address: 1 00 E Boynton Beach Blvd Bill to Tag # : 0001
City, State, Zip: Boynton Beach, FL 33435 Contract Start Date: 10101/2009
Customer Contact: Contract End Date: 09/30/2010
Phone: Anniversary Day: Sep 30th
Fax: Payment Cycle: QUARTERL Y
Tax Exempt: Exempt From All Taxes
PO#:
Qtv I Model/ODtion I DescriDtion Monthly Ext Extended
I I I Total Services $ 11,556.36 $ 138,676.3
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR Subtotal - Recurrina Services
PERFORMANCE DESCRIPnONS Subtotal - One-Time Event
Services
Total $11,556.36 $138,676.32
MAINTENANCE CONTRACT INCLUDES THE Taxes - -
FOlLOWING SERVICE PRODUCTS: DISPATCH, Grand Total $ 11,556_36 $ 138,676.32
TECHNICAL SUPPORT, NETWORK MONITORING. THIS SERVICE AMOUNT'S SUBJECT TO STATE AND LOCAL TAXING
INFRASTRUCTURE REPAIR WITH ADVANCED JURISOICTIONS WIiE~E APPLICABLE, TO BE VERIFIED BY ~OTORCt..A.
REPLACEMENT, ON SITE INFRASTRUCTURE
RESPONSE, CONSOLE ONLY SSA, LOCAL RADIO
COMBO REPAIR PACKAGE.
Su bcontractorl s) City State
MOTOROLA SOUTH FLORIDA FSO SUNRISE FL
MOTOROLA SYSTEM SUPPORT ELGIN IL
CENTER
MOTOROLA NIO SSA TEAM SCHAUMBURG IL
MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL
CENTER-NETWORK MGMT D0067
MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL
CTR-CALL CENTER DOO66
MOTOROLA SYSTEM SCHAUMBURG IL
SUPPORT-TECHNICAL SUPPORT
DOOSB
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
1
- 223 -
I received Statements 01 Work that describe the .".....I<:e. provided on this
Agreement. Motorola'. Service Terms and Conditions. a copy of which i&
,,"""hed to this Servi<:e Agreemont, 10 Incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
(!TOMER (PRINT NAME) . ~SfY) -4-- - d-l9 - cF)
(/vd.JLrLJ r<1DAJt P J'?
MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE
Cindee Markes ~Sl} -5dO - 'is gl.o& '1:;4'- 003- 4JjS j
MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX
2
- 224 -
Customer: Bovnton Beach, Citv of Effective: 10/1/2009
9.b! Equipment Description
5 Quantar Repeaters
4 Centracom Gold Elite Consoles
8 Control Stations
5 RCH Digital Remote
1 Moscad (1 PC, 1 Laptop, 1 RTU)
61 Astra Spectra Mobiles
222 LTS2000 replaced during rebanding
98 LCS2000 replaced during rebanding
248 XTS3000
45 XTS5000
35 XTL5000
10 XTS1500 Fire Department
1 Microwave System
System Description
1 Prime Site
1 Dispatch Center
5 Channels
3
- 225 -
Service Terms and Conditions
Motorola, Inc.,("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:
Section 1 APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either
(1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a
Motorola Installation Agreement.
Section 2 DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the
Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In
interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over
any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment
specifically states otherwise.
2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement.
2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement.
Section 3 ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This
Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the
"Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other
document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's
then-applicable rates for such services.
4.2. If Motorola is providing Services for Equipment. Motorola parts or parts of equal quality will be used; the Equipment
will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are
prescribed by Motorola will be followed.
4.3. if Customer purchases from Motorola additional equipment that becomes part of the same system as the initial
Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the
warranty for such additional equipment expires.
4.4. All Equipment must be in good wor1<ing order on the Start Date or when additional equipment is added to the
Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the
Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out
of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which
Motorola receives such written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous
environments.
4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola
may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase
the price to Service such Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in
a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other
than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards;
excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normai operation of
the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips,
battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission
line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupier. Motoroia has no
4
- 226 -
obligations for any transmission medium, such as telephone lines, computer networks, the intemet or the worldwide web,
or for Equipment malfunction caused by such transmission medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's
location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heal,
light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will
not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and
software elements of any system with which lI1e Equipment is interfacing so that Motorola may perform its Services.
Unless othelWise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding
weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses.
Section 7 CUSTOMER CONTACT
Customer wW provide Motorola with designated points of contact (list of names and phone numbers) that will be available
twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to
maintain contact, as needed, with Motorola.
Section 8 PAYMENT
Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for
each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within
twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes,
excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except
income, profit, and franchise taxes of Motorola) by any governmental entity.
Section 9 WARRANTY
Motorola warrants that its Services under lI1is Agreement will be free of defects in materials and workmanship for a period
of ninety (90) days from the date the performance of the Services are completed. in the event of a breach of this warranty,
Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis,
the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Section 10 DEFAUL TITERMINA TION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a
written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written
plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan
approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any
other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of
termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
Section 11 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict
liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of
twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR
SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED
TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERViCES BY MOTOROLA PURSUANT
TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this
Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an
open account. This limitation of liability will survive the expiration or termination of this Agreement and applies
notwithstanding any contrary provision.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether
written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of
5
- 227 -
this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written
agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement,
however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be
bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase
order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties
to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized
representatives of both parties.
Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise fumished
to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential,
and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or
as required by law, any confidential information or data to any person, or use confidential information or data itself for any
purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive
the expiration or termination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at
any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide
Customer with access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license
under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created
as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications
Commission or any other federal, state, or local government agency and for complying with alll1.lles and regulations
required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
in any governmental matters.
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage
on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its
subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of
Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found
to be overly broad under applicable law, it will be modified as necessary to confol1Tl to applicable law.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose
of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in
Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request.
This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises
by Motorola at any time without restriction.
Section 17 GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and
effect.
17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the
laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's
reasonable control. such as strikes, material shortages, or acts of God.
17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this
Agreement.
17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF
THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE
PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS
6
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THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the
Services to reflect its current rates.
17.7. If Motorola provides Services after the termination or expiration of this Agreement. the terms and conditions in effect
at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a
time and materials basis at Motorola's then effective hourly rates.
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o MOTOROLA
Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response
services to the CUstomer. These services are applicable only for the following system types: SmartZone up to
release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet:, Private Data (with a wireless network gateway)
v2.0.3 and higher, and E911.
1.0 Description of Services
Ketwork Monitoring is a service designed to electronically monitor Elements of a Communication System for
Events, as set furth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects
an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an
appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the
Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of
a Servicer. The Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in
the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the
System.
Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site
Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and mHllage Case
activity from open to close through an automated ('-a.~e tracking process. This Case management allows for
Motorola to provide activity and performance reports.
The terms and conditi ons of this Statement of Work (SO W) are an integra! part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such
equipment upon Customer's request.
2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private
Data system types.
2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date_
2.4. Continuously receive service requests.
2.5. Remotely access the Customer's System to perform remote diagnostics as permiued by Customer pursuant
to section 3. I
2.6. Attempt remote Restoral, as appropriate.
2.7. Create a Case as necessary when sendee requests are received. Gather information to perform the
following:
2.7.1. Characterize the issue
2.7.2. Determine a plan of action
2.7.3. Assign and track the Case to resolution.
2.8. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information
collected in section 2.7
2.9. Ensure the required personnel have access to Customer information as needed.
2.10. Disable and enable System devices, as necessary, for Servicers.
2.11. Servicer will perform the following on-site:
2.11.1. Run diagnostics on the Infrastructure or FRU.
2.11.2. Replace defective Infrastructure or FRU. as applicable. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2.11.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and
any other requirements necessary to perform the Maintenance service.
2. t IA. Ifa third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
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_ MOTOROL.A
2.12. Verity with Cu~tomer that Rc~lOraLion is complete or System is functional, if required by Customer's
repair Verification preference in the Customer Support Plan required by seclion 3.4. If Verification by
Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer
will be released.
2.13. Escalate the Case to the appropriate party upon expiration ofa Response time.
2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels
2.15.1. Open and closed; or
2.15.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed.
2.16. Provide the following reports, as applicable;
2.16.1. Case activity reports to Customer.
2.16.2. Network Monitoring Service reports for Customer System(s), excludes E911.
2.16.3. Perfonnance/Availability Reports for SmartZone, SmartZom:/ OmniLink, and Private Data
Systems only.
3.0 Customer has the following responsibilities:
3.1. Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if
recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may
prevent Motorola from rendering the services described in this Statement of Work.
3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E911 System
types.
3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to
complete Customer Support Plan.
3.4.1. Case notification preferences and procedure
3.42. Repair Verification Preference and procedure
3.4.3. Database and escalation procedure forms.
3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.5. Provide the following information when initiating a service request:
3.5.1. Assigned System ID number
3.5.2. Problem description and site location
3.5.3. Other pertinent information requested by Motorola to open a Case.
3.6. Notify the System Support Center when Customer perfonns any activity that impacts the System.
(Activity that impacts the System may include, but is not limited to, installing software or hardware
upgrades, perfonning upgrades to the network, or taking down part of the system to perform maintenance.)
3.7. Allow Servicers access to Equipment (including an)' Connectivity or monitoring equipment) if remote
service is not possible.
3.8: Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in
paragraph 2. J 1.2
3.9. Maintain and store in an easy accessible location any and all Sofuo,'are needed to Restore the System,
3.10. Maintain and store in an easily accessible location proper System backups.
3.11. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event of a
catasLrophic failure ora sysLem. Train appropriate personnel on the procedures to perform the function of
switching to the backup PSAP.
3.12. Verify with the sse that Restoration is complete or System is functional, ifrequired by the Repair
Verification Preference provided by Customer in accordance with seclion 3.4.
3.13. Cooperate with Motorola and perfotTIJ all acts that are reasonable or necessary to enable Motorola to
provide these services.
. 9
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" MOTOROL.A
Severity Definitions Table
Severity Level Problem Types
Severity I . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This It:vel is meanllo represenl a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
" perspective. No Work-around or immediate solution is available.
Severity 2 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Response Time Table (Customer's Response Time Classification is designated in the Service Agreement).
Severity Regular Premier Limited
Level Response Time Response Time Response Time
Severity I Wilhin 4 hours fi-om receipt Within 2 hours ITom receipt Within 4 hours from
of Notification of Notification receipt of Notification
Continuouslv Continuously Standard Business Day
Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Severi ry 3 Within 24 hours from Within 24 hours from Within 24 hours from
receipt of Notitication recei pt of N otificati on receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
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_ MOTOROL.A
Monitored Elements Table
(Listed by technology)
System TYDe EauiDment
SmartZone 6.0 NOliel; Packet Routing Netviork; Zone
Controllers; Database Server; FullVision
Server; Zone Statistical Server; Air Traffic
Router; System Statistics Server; user ,
Configuration Server; Packet Data Gateway
Server; PBX; Interconnect Server; Motorola
Gold Elite Gateway (MGEG); AEB; CEB;
ARCADACS Cross Connect Switch;
Simulcast RF Site (Site Controllers,
Comparators, Stations); Intelli Repeater RF
Site (Stations);Intelli Site Repeater RF Site
(Site Controllers, Stations);
MOSCAD Overlay (TenSr, Station,
Channel Banks, TRAK GPS, Environmental
Alarms, Microwave)
SmartZone 4.1 Zone Controllers; Database Server; Digital
Interface Unit (DIU); Central Electronic
Bank (CEB) Interface; AEB;
FullVision Server; Air Traffic Router;
System Statistics Server (Multi-Zone); Zone
Statistical Server; User Configuration
Server; NOVA 2000 (Interconnect); Remote
RF Sites (Site Controllers Including
Simulcast, Stations);
MOSCAD Overlay (Stations-Non Trunked,
Comparater, TenSr Channel Banks.,
Environmental Alarms, Microwave)
SmartZone 3.0 -3.5 Zone Controller; Database Server; User
Server; Digital Interface Unit (DIU); Central
Electronic Bank (CEB) Interface;
AEB; User Configuration Server (3.5);
Historical Server (User Server 16); AEB
Central Electronic Bank (CEB); MBX
(Interconnect); Remote RF Sites (Site
Controllers -Including Simulcast, Stations);
MOSCAD Overlay (Stations, TenSr
Channel Banks, Environmental Alarms,
Microwave) I
SMARTNET Monitored by MOSCAD SiteSentry Site Controllers; Stations; Environmental I
Alarms; Channel Banks
Private Data Wireless Network Gateway (WNG); Radio
Network Controller (RNC); Base Station
E91l - Centralink Classic - Monitored by SEB Teltronics All
Teltronics ANI
E91 I - Central ink Classic- Monitored by RAC Teltronics ALl
8911 - C2000'/Pa[ladium Palladium AU
Teltronics ANI
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fa MOTOROLA
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the
applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this
reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit,
SmarlNct system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the
Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, seJect third party Infrastructure may
be sent to the original equipment manufacturer or third party vendor for repair. IfInfrastructure is no longer
supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure
with similar Infrastructure, when possible.
When available, Motorola will provide Customer with an Advanced Replacement unites) or FRU(s) in exchange
for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and
certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s)
will be evaluated and repaired by roo and returned to 100 FRU inventory upon completion of repair. In cases
where Advanced Replacement is not available or when a Customer requires the exa.:..'! serial number to be
returned, a FRU may he available on a Loaner basis.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2. L Use commercially reasonable efforts to maintain an inventory ofFRU.
2.2. Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to
availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning Infrastructure.
2.3. Program FRU to original operating parameters based on templates provided by Customer as required in
Section 3,5. If Customer template is not provided or is not reasonably usable, a standard default template
will be used.
2.4. Properly package and ship Advanced Replacement FRU from TOO's FRU inventory to Customer specified
address.
2.4.1. During normal operating hours ofMondsy through Friday 7:00am to 7:00pm CST, excluding
holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS. Red, unless
otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments
outside ofthe above mentioned standard business hours and/or carrier programs, such as NFO
(next flight out). In such cases, Customer will be subject to shipping and handling charges.
2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for
Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU
will become property of rDO and the Customer will own the Advanced Replacement fRU.
2.4.3. When sending a Loaner fRU to Customer, IDO will not provide a return air bill for the
malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the
malfunctioning Infrastructure to 100. IDO will repair and return the Customer's Infrastructure
and will provide a return air bill for the customer to return 100's Loaner FRU.
2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified
as an Advanced Replacement or Loaner FRU.
2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return.
2.7. Perform the following service on \1otorola Infrastructure:
2.7.1. Perlonn an operational check on the Infra,lructure to determine the nature of the problem.
2.7.2. Replace malfunctioning FRU or Components.
2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable
2.7.4. Perform a Box Unit Test on all serviced Infrastructure.
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fa MOTOROLA
2.7.5. Perform a System Test on select Infrastructure.
2.8. Provide the following service on select third party Infrastructure:
2.8.1. Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when
applicable.
2.8.2. Ship maltimctioning Infrastructure to the original equipmellt manufacturer or third party vendor
for repair service, when applicable.
2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service.
2.8.4. Perform a posHest after repair by Motorola, original equipment manufacturer, or third party
vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a
Motorola System configuration, when applicable.
2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by
Customer as required by Section 3.5. lfCustomer template is not provided or is not reasonably usable, a
standard default template will be used. [fIDO determines that the malfunctioning Infrastructure is due to a
Software defect, IDa reserve;; the right to reload Infrastructure with a similar Software version.
Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the
Customer has a Motorola Soft",..are Subscription agreement.
2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an
100 FRU. Motorola will return Customer's FRU(s) to roo's FRU inventory, upon completion of repair.
2.11. Ship repaired Infrastmcture to the Customer specified address during nonnal operating hours set forth in
2.4.1. FRU will be sent n.vo-day air unless otherwise requested. Motorola will pay for such shipping,
unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier
programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling
charges.
3.0 Customer has the following responsibilities:
3.1. Contact or instmct Servicer to contact the Motorola System Support Center (SSC) and request an
Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non-
Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party
Infrastructure named in the applicable attached Exhibit.
3.1.1. Provide model description, model number, serial number, type of System and Firmware version,
symptom of problem and address of site location for FRU or Infrastructure.
3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to
physical damage or lightning damage.
3.1.3. Follow Motorola instructions regarding inclusion or removal of Finnware and Software
applications from Inrrastructure being sent in for service.
3.].4. Provide Customer purchase order number to secure paymcnt for any costs described herein.
3.2 Pay for shipping of Advanced Replacement or Loaner FRU from roo if Customer requested shipping
outside of standard business hours or carrier programs set forth in section 2.4. J.
3.3 Within five (5) days of receipt of the Advanced Replacement FRU from roo's FRlJ inventory, properly
package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to 100 for
evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above
back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a
"'placement fee for malfunctioning [nfrastmcture not properly returned. For Infrastructure and/or third
party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the
malfimctioning FRU, at Customer's expense and risk ofloss to Motorola. Customer is responsible for
properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped
Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization
number on the outside of the packaging.
3.4 If received, Customer must properly package and ship Loaner FRU back to [DO within five (5) days of
receipt of Customer's repaired FRU.
3.5 Maintain templates of Soft warei applications and finnware for reloading of Infrastructure as set forth in
paragraph 2.3 and 2.9.
3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Infra<;tructure Repair with Advanced Replacement serviccs to Customer.
13
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fa MOTOROL.A
4.0 In addition to any exclllsions named in Section 5 of the Service Terms and Conditions or in any other
underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure
Repair with Advanced Replacement:
1. All Infra~tTtletllre over seven (7) years from product cancellation date.
2. Physically damaged Infrastructure.
3. Third party Equipment not shipped by Motorola.
4. Consumable items including, but not limited to, batteries, connectors, cables, tonelink cartridges.
5. Test equipment.
6. Racks, furniture and cai>inets.
7. Firmware andior Software llpgrades.
14
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tit MOTOROL.A
SmartZone S)'stem Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair
Infrastructure Exhibit
Antenna Systems Excludes all Equipment such as bi-dircctional amplificrs, multicouplers, combiners, rower top pre-
amnlifiers, anteMas, cablcs, towcrs, tower li~htin~, and transmission Jines.
Base Station(s) and Rcoeater(s) Includes; Ouantar, Quantro, Digital MSF5000 and MTR2000 ONLY.
Central Electronics Bank(s) Includes Logging Recorder, Interface and Network Hub
Excludes Nice Loggin2 Recorders
Channel BUJlk(s) Includes Premisvs and Telco. Excludes Siemens
Comnarator(s) Includes Snectratac, Digitac. and Astrotac Comnarators.
Computer(s) Includes oomputers (Pentium I, II, 1lI, IV) directly interface with or control the romnwnications
System, including SiteLens and S)'stemwatch 11. Includes keyboards, mice and trackballs.
Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-
burned cathode ray tubes CRT(s) and burned-in t1at nane! disnlav ima~e rdention.
Console(s) Includes consoles (Centracom Go]d Scrics, Centracom Gold S~ri~s Elile, Centracom Gold Elite,
CommandSTAR lite, MlP5000, MC1000, MC2000, MC2500, MC3000, MCC5500) Includes
headset jacks, dual tllotswitches, gooseneck microphones and Console Interface Electronics (CIE).
Excludes Centracom l.
ControJler(s) -Tnmking Inc]udcs SmartNct II mimc and remote controllers. Excludes SSMT and SeMS controllers.
DiL1:aphones, Logging Recorders >md Exc]udes all types and models.
Recording Eouinment
l)iJ:!itallnterface Unit(s) Included
DiJ:!ital Silffialing Modemls) Included uoon modem model availability ~
Digitai Voice Modem(s'! Included upon modem model availability
Embassv SwitCh Includes AEB, AIM!, ZAMB!. AMB
Management T~nniI1als Indud~s computers (Pentium I, !I, 1!I, IV) directly interface with or control the communications
System, including SiteLens and Systemwatch n. Excludcs laptop computers and all 286, 386, 486
comnuters.
MBEX(s,! or NOVA Interconnect Included
Microwavc Equipment. Excluded from service agreemem but may be repaired on an above contract. time and maretial
basis. All Equipment must be shipped tn mo. Excludes anv on-site services.
Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or
control the communicalions System.
Excludes defective or phosphor-burned cathode ray rubes CRT(s) and burned-in t1at pane] displays
image retention. Monitors not shipped by Motorola and/or cmmot be confirmed by a Motorola
factory order ntlmber.
Moscad Only NFM (Network Fault Management), a. part of communication System only. Standalone
MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately.
Exc]udes Fire alarming sYstems.
Network Fault Management Includes Full Vision. Excludes NMC
Printer(s) Includes printers that directlv interface with the communications Svstem.
RAS(S'f Excludes RAS 1100, 1101 and 1102
Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers.
Simulcast Distribution Al1101ifiel'(s) r I1cluded
Site I'requency Standard( 8) Includes Rubidium, ors and Netelocks systems ,old with the Moluro]a System.
Excludes MFS -Rubidj,!!m Standard Nctwork Time and Freouency devices
Universal Simulcasr Controller Inc]uded
Interfacel s)
UPS Systems. Excluded from service agre~menls but ma)' be repaired on an above comract, time and material
basis. All UPS ~ystems must be shipped [0 IDO for repair. Excludes anyon-site services.
Excludes all batteries.
Zone Manager Excludes HPi 15/33, HI' 715/50 servers. Excludes x-tenninals NDS 14C and NDS 17C
Zonc Controller(s) Include" conslIle lerrninals. Exciudes ALL Sun/IMP hard drives e>(cepl TLl\349'iA 0820 I GB
drive. Excludes the following SII"</IMP CPUSET's; TLN3278B 0406, TLN3343A 0424 and
TLN3278A 0]81/0,89.
15
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8: MO.TOROLA
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that
require a high level of communications systems expertise or troubleshooting on Equipment. The
Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists
who specialize in the diagnosis and resolution of system performance issues. Technical Support
Service (i) does lIot include software upgrades that may be required for issue resolution; and (ii) does
not include Customer training (iii) is only available for those system types supported and approved by
Technical Support Operations.
Technical Support is applicable to the following system types: Astro25 6.x, SmartZone v2.0.3 and
higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two-
Way.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by
this reference.
2.0 Motorola has the following responsibilities:
2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis
of operation problems in accordance with the response times set forth in the Remote
Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
2.2. Advise caller of procedure for determining any additional requirements for issue
characterization, Restoration, including providing a known fix for issue resolution when
available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Serviccr or Customer in the field until dose of the Case, as
needed.
2.5. Coordinate technical resolutions with agreed upon third plllty vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and
product groups, as appl icable.
2.7. Escalate the Case to the appropriate party upon expiration of a Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in
or remote access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support
services described in this SOW and notify Customer of an alternative course of action.
3.0 Customer has the following responsibilities:
3.1. Provide Motorola with pre-defined information prior to Start Date necessary to complete
Customer Support Plan.
3.1.1. Complete database and escalation procedure forms.
3.1.2. Submit changes in any information supplied in the Customer Support Plan to the
Customer Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller,
name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief
description of the problem.
3.3. Supply on-site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
16
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CI) MOTOROL.A
3.5. Allow Motorola remote access to the System by equipping the System with the ncl;Cssary
Connectiv ity.
3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola
to provide the Technical Support service to Customer.
Severil)' Definitions Table
Severity Level Problem Types
Severity 1 . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
Severity 2 . Response during Standard Business Day
. Significant System Impainnent not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/svstem upgrades.
Remote Technical Support Response Times Tahle
SEVERITY
Severit I
Severit 2
Severi 3
17
- 239 -
fa MOTOROLA
Statement of Work
Software Subscription Console Only
1.0 Description of Service
Motorola will provide to Customer Software Subscription services in accordance with this Statement of
Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or
at another address that Customer may direct in writing). These software bulletins announce and explain
Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to
Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these
serv ices. \1otorola will provide applicable Enhancement Releases or Core Releases as ordered by
Customer.
Software Subscription includes design services for Enhancement Releases only. Motorola will review
System audit data (when this service is performed by Motorola) along with an equipment list to avoid
potential Software incompatibilities between equipment that is being upgraded versus equipment which is
not being upgraded with the Enhancement Release. Motorola will identify additional equipment and
engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a
plan for installation of this additional equipment in addition to the core or enhancement release.
Implementation of this installation plan is not included with the Software Subscription services.
Additional Provisions for Software Subscription services that begin after December 3 L 2004. concerning
SmartZone 4.1 and Astro 25 Trunkinl! Svstems: Motorola recommends that Customer maintains continuity
in receiving Software Subscription services until Customer decides to no longer install additional
Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription
services and later decides to reinstitute Software Subscription services, then Motorola will provide those
Software Subscription services retroactively to the date such services were discontinued.
Exclusions
The Software Subscription program originated from and was designed to support Motorola's radio systems
business. The Software Subscription program does not cover the software, hardware, or services provided
by Radio Service Software; ISD; Plant Equipment, Inc. ("Plant") -Motorola's E91 J solution subcontractor;
or any Motorola business sector other than CGTSS. Software not purchased through Motorola is not
covered.
Software Subscription services are not intended to, and do not, cover software support for virus attacks,
games or other applications that are not part of the System, or misuse of the covered Software. Motorola is
not responsible for management of anti-virus or other security applications (such as Norton).
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Tenns and Conditions or other applicable Agreement to which it is attached and made a part thereof by this
reference.
2.0 Motorola has the following responsibilities:
2.1 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases.
2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement
Release that ::cpply to the Motorola Software in Customer's existing Sysrem components.
2.3 Perform the following Software upgrade design:
2.3.1 Review Infrastructure System audit data as needed.
2.3.2 Identify additional System equipment needed to implement an Enhancement Release, if
applicable.
2.3.3 Complete a proposal defining the Enhancement Release, Equipment requirements,
installation plan, and impact to System UScrs that will fulfill the Customer's upgrade
requirements.
18
- 240 -
_ MOTOROL.A
2.3.4 Advise Customer of probable impact to System users during the actual field upgrade
implementation.
2.4 Provide to Customer (in response to a Customer order) those Standard Features included. in a Core
Release that apply to the Motorola Software in Customer's existing System components. Optional
Features issued with a Core Release are not included under these Software Subscription services but
are available to Customer, under a separate agreement at a discount from current list price (20% for
voice System Optional Features and ] 5% for data System Optional Features). Once an Optional
Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no
additional charge.
3.0 Customer has the following responsibilities:
3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core
Release as directed in the Customer Support Plan.
3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an
Enhancement Release.
3.3 Review Software installation plans and impact to the users with appropriate Customer personnel.
3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services to Customer
4.0 Special provisions: the following provisions apply to the Software Subscription seryiccs :
4.] Customer acknowledges that if its System has a Special Product Feature, additional engineering may
be required to prevent an installed Enhancement Release or Core Release from overwriting the Special
Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be
incorporated into an Enhancement Release or Core Release and whether additional engineering effort
is required.
4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor
performance enhancements and will keep the System current. In addition enhancement releases may
contain updated versions of third party software enabling customers to obtain optimal support for these
products. Customer is encouraged. to migrate the Motorola Software to the most current Core Release
because Enhancement Releases are available for a limited time for a given core release as defined by
Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported.
Software version, all Core Releases and Enhancement Releases may not be compatible with
Customer's existing System.
4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade
or migrate to a particular Core Release or Enhancement Release. If the size and complexity of
Customer's System warrants, Motorola may provide consultation services to determine the
technological, operational and financial impact of installing a particular Core Release or Enhancement
Release on the System, pursuant to a separate agreement. Customer must pay for such consulting
services and for any other engineering services, hardware, and software that are requi~ to upgrade or
migrate Custumer's System due to each Enhancement Release or Core Release that Customer orders.
4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in
accordance with the applicable S"f!ware License Agreement. Nothing in this Statement of Work. or
caused by Motorola rendering these Software Subscription ser....ices is intended to modify the Software
License Agreement or to alter Motorola's intellectual property rights in and to its Software.
4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by
defects that are not corrected by the Enhancement Releases and Core Re]eases, nor does it include
repair or replacement of defects resulting from any nonstandard or improper use or conditions or from
unauthorized installation of Sofrware.
4.6 Customer may terminate Software Subscription services at any time by giving written notice of
termination to Motorola. Such termination will be effective at the next annual anniversary date
following Motorola's receipt ofthe notice of termination and may be partial ifthat is reasonably
necessary to accommodate a significant change to Customer's System configuration.
4.7 These Software Subscription services and the parties' duties described in this Statement of Work will
automatically terminate if Motorola no longer supports the Software version in Customer's System or
discontinues the Software Subscription program: in either case, Motorola will refund to Customer any
prepaid fees for Software Subscription services applicable to the terminated period.
19
- 241 -
_ MOTOROLA
4.8 Motorola may sllspend or terminate these Software Subscription services, if Customer fails to pay
Motorola any fees for Software Subscription services when due, Customer breaches the Software
License Agreement or the Agreement, Customer's rights to use the Software under the Software
License Agreement expires or is terminated, or Customer replaces its Motorola System with a system
from another manufacturer.
20
- 242 -
'I MOTOROLA
Statement of Work
Local Radio Combo Package
1.0 Description
Local Radio Combo Package provides operational check and board level repair services for mobile, portable,
two-way and mobile data. An operational check is an analysis of the Equipment to identity external or internal
defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile
controls heads, provided that they are required for normal operation oftbe two-way mobile and are included at
the point of manufacture. Service is only included on Equipment specifically named in tbe applicable
Agreement to wbich this Statement of Work is attached.
Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile
microphones; non-standard mobile microphones, mobile external speakers; optional or additional control
heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables
and power supplies.
The following are excluded from Local Radio Combo service unless they are purchased as an option fOf an
additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones,
Portable Antenna Replacements Mobile Remote Control Heads.
The terms and conditions of this SOW are an integral part of Motorola's Service Tenns and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Service to be perfonned at the Servicer facility during Standard Business Days.
2.2 Perform an operational check on the Equipment to determine the nature of the problem.
2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing.
2.4 Test and Restore the Equipment to Motorola factory specifications.
2.5 Remove any dust, and/or foreign substances from the Equipment.
2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the
template in the Equipment, if the template information can be retrieved from the Equipment, or from a
backup diskette provided by Customer containing the template information. If the Customer template is
not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software
(RSS) version for that Equipment will be used. The Equipment will require additional programming by
the- Customer to Restore the original template.
2.7 Notify Customer upon completion of repair for pickup of Equipmenl
3.0 Customer has the following Responsibilities:
3.1 Deliver and pick up Equipment lo/from the Servicer facility.
3.2 Inform Servicer of description of problem for Equipment brought in for service.
3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the
Software template or programming in order to assist in returning the Equipment to original operating
parameters. If applicable, record the current flash code for each radio.
3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is
responsible for any programming required to Restore Equipment to desired parameters.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Local Radio Combo Package service to Customer.
21
- 243 -
" IIIIOTOROL.A
Statement of Work
Local Radio Combo Package
OnSite Option - Pick up & Delivery
I.U Description of Service
Equipment will be picked up /Tom and delivered to the Customer's location, within a designated radius of the
Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan.
This Option covers Equipmenllhal is specifically named in the applicable Agreement to which this Statement
of Work is attached.
2.0 Motorola has the following responsibilities:
2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location,
days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule,
Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable
alternative date and/or time for pick up/delivery.
2.2 Generate service receipt and leave with Customer.
3.0 Customer has the following responsibilities:
3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time.
3.2 Provide problem description along with unit.
22
- 244 -
(THIS PAGE INTENTIONALL Y LEFT BLANK)
- 245 -
6. I
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Approve participation in the State of Florida Department of
Management Services Fuel Card Program (#973-163-06-1) for emergency use only. The State
Contract complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's
requirements. .
EXPLANA TION OF REQUEST: The State of Florida has developed a fuel card program for offsite fueling
based on the MasterCard architecture. The program was developed to provide the State and surrounding
government entities a system that allow for fleet vehicles to fuel at any location capable of utilizing the
MasterCard platform while protecting the interest of the entity and ensuring contractual pricing over a
long term. This includes a web based program that allows in-house administration the ability to assign,
track, and lockout cards in house 24/7. The contract includes user defined monthly reports, and credit of
all taxes prior to each billing cycle. The contract is a five year term with an additional five year
extension. The fuel cost would be calculated at O.P.I.S. (Oil Price Information Service) Plus %,
Unleaded 0.1302 and Diesel 0.1735. All cost of cards, software, and training would be at the
contractor's expense.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The program would greatly supplement our
existing city fueling system at the Public Works Complex by providing alternative fueling locations that
include strict fiscal controls in the event of an emergency or the fuel pumps at the Public Works
complex are down.
FISCAL IMPACT: The program would allow for tighter accountability in emergency fueling situations
and contractual pricing opportunity over a long term. There is no cost of implementation for this
program. Any additional cost would be for use as the program cost is calculated into the plus percentage
of O.P.I.S daily publication. O.P.I.S determines the daily wholesale (port) cost of fuel. Mark ups are
determined by the transport companies and vendors. The state contract limits this mark up and holds it
- 246 -
during the applicable period. Funding for the purchase of fuel is allocated in the Fleet Maintenance
Account # 501-2516-519-5210 and then charged back to the departments.
AL TERNATIVES: Continue with yearly agreements with local fuel vendors to supply fuel during
emergency situations limiting options for fuel.
- 247 -
DEPARTMENT OF PUBLIC WORKS
FLEET SERVICES DIVISION
MEMORANDUM 09.039
TO: Carol Doppler, Purchasing Agent
THRU: Christine Roberts, Assistant Director, Public Works ~
FROM: Steven Weiser, Fleet Administrato~
DATE: Tuesday, October 16,2007
RE: State Fuel Card Program
Carol,
The state fuel card program is intended to maximize our fueling capabilities in the event of an
emergency and will not be used as a primary fueling system.
Below is a synopsis regarding your questions along with answers provided.
1 ) How many departments will receive cards?
A) Up to 31 divisions that operate vehicles and require fuel during emergency operations.
2) Who will be the Administrator?
A) Fleet Administrator
3) Will there be checks and balances.
A) Yes there will be reports available from the Web site and hopefully the system will integrate
seamlessly into HTE, I also anticipate the system allowing for fuel only lockout.
4) Agenda Changes.
A) /J.J:, requested
5) Amendments 1&2 missing.
A) The contract is in it's entirety as pulled from the state web page. Follow the progression
Amendment two is in there but not labeled as such #1 is just before it.
6) Would Vicki Need to know
A) Yes Vicki processes payment to some extent..
7) #23 State Transaction Fee
A) Under PU R1 000 this states that the contractor shall pay to the state a 1 % transaction fee the
contractor being vendor for the state.
8) Legal to do contract
A) As required
9) MasterCard pays who for bonus points.
A) As far as I can see there are no points associated with this card.
Thank you.
Copy: PW Files
S:\PWICoorcspundcncc
- 248 -
DEPARTMENT OF PUBLIC WORKS
FLEET SERVICES DIVISION
MEMORANDUM NO. 09-033
0
TO: Barry Atwood, Director Finance
THRU: Christine Roberts, Assistant Director, Public Works~
FROM: Steven Weiser, Fleet Administrator t!flJ
DATE: Thursday, July 30, 2009
RE: Emergency Fueling Option
Traditionally each year we attempt to set up multiple methods to fuel during the hurrjcane season.
In my efforts to research alternative methods to acquire fuel for emergency situations I searched for
vendors that integrated a public sector fuel card that removed the tax burden prior to sending the
monthly billing. Fuelman card systems did just that, but only allowed a limited amount of sites (4) to
pull fuel from.
During a recent look at the state contract website I found that the state of Florida had a fuel card
program that allowed a piggy back option built on the MasterCard platform, and allowed for fueling at
any station that accepted MasterCard. This opened up the ability to draw from any station that could
supply fuel immediately after an event.
The contract issued by the state also allowed for tax deduction prior to billing and a host of additional
benefits that Fuelman did not cover.
I contacted David Bennett from the state on how to go about setting up the system, and some of the
controls such as a web base administrative control to instantly cut off use, limit use, and audit at a
moments notice.
This offers us an opportunity to greatly expand our ability to fuel in emergency situations while
providing adequate security controls to manage the system well.
I would formally request direction to pursue and administer the implementation of such a program to
expand our fueling capabilities. I have attached a copy of the state contract for your perusal.
Please let me know as soon as possible, implementation may take some time, but once completed we
will be covered for several years.
Thank you ~.y--.
S:\PW\Coorespondence ~\sb
- 249 -
CONTRACT AMENDMENT BETWEEN
THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,
TRANSMO~TAIGNE PRODUCT SERVICES, INe;,
AND
COMDATA NETWORK, INC.
RELATING TO CONrRACTNO. 973-163-06-1
AMENDMENT 5
This is an amendment to the Agreement between the Department of Management Services
("Department" or "DMS"), TransMontaigne Product Services, Inc. ("TransMontaigne" or
"Seller"), and Comdata Network, Inc. ("Comdata"), collectively referred to as the Parties.
This Amendment:
I
- Revises Section 3.02, Scope of Work..
In accordance with Section 41 of the PUR 1000, Modification of Terms, the following
modifications or amendments to the Agreement are hereby made:
1. Section 3.02, Seope of Work, is revised to include fueling rental vehicles being used for
official government business:
I
3.02 Scope of Work:
This Contract is to provide a Fleet Fuel Card program for Vehicle Fleets .owned by state
agencies. rental vehicles being used for official ~overnment business and Eligible Users in
the State of Florida This will include the purchase of Fuel and any commodity and/or
service for immediate use by the Eligible User to maint./lin daily operation of their vehicle
fleet. Also, the Fuel Card may be used at Marinas and/or Airports as allowed for Marine
Fleets andlor Aircraft Fleets. The Department seeks to improve quality and efficiency of
services delivered, improve Eligible User services and reduce cost.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
1
- 250 -
This amendment shall begin on the date on which it is signed by both parties.
All other terms and conditions of the original Contract and previous Amendments (if any) remain
in full force and effect.
WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
Signea by:
Name:
Title: S\l<......
Date: .I
Signed by:
Name:
Title:
Date:
DEPARTMENT OFMANA~VlCES
Signed by: ~ J '
Name: .> 4h ~rc-St4 "_';I)' /J'"/f!.-dor
Title: C hAt' I~ , tbrJ '("'j to 1"'\
Date: .5/11. /()7
I
~.: ':Fl':ill~ Date: rltth7
2
- 251 -
CONTRACT AMENDMENT BETWEEN
THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,
TRANSMONTAIGNE PRODUCT SERVICES, INC.,
AND
COMDATA NETWORK, INC,
RELATING TO CONTRACT NO, 973.163-06-1
AMENDMENT 4
This is an amendment to the Agreement between the Depaliment of Management Services
("Department" or "DMS"), TransMontaigne Product Services, Inc. ("TransMontaigne" or
"Seller"), and Comdata Network, Inc. ("Comdata"), collectively referred to as the Parties.
This Amendment:
- Revises the Technical Specitication Section 3.04, Fuel Markup; Fuel Districts
In accordance with Section 41 of the peR 1000, Modification of Terms, the following
modifications or amendments to the Agreement are hereby made:
1. Section 3.04, Fuel Markup; Fuel Districts is revised to remove the following language:
"Fuel costs for State and Eligible User vehicles that travel outside of the State of Florida will use
1he closest Fue11enninal as its basis for detennining Fuel cost as listed in the appropriate OPIS
Weekly Ne'wsletter PAD Report."
2. Section 3.04, Fuel Markum Fuel Districts is further revised to add the following
language:
Fuel costs for State and Eligible User vehicles that travel outside of the State of Florida will not
be eligible to be repriced. The Seller shall invoice the Buyer for the pump price .less Federal
Excise tax.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
1
- 252 -
This amendment shall begin on the date on which it is signed by both parties.
All other terms and conditions of the original Contract and previous Amendments (if any) remain
in full force and effect.
WHEREFORE, the Pal1ies hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
TRANSMONTA~CES' INC.
Signed by:
-
Name: "Rd(&"'~t')
Title: EvP
Date: /I)/(1/6b
COMDATAN
Signed by:
Name:
Title:
Date: /0- / 7 -(,!v
Signed by: .. d
Name:
Title: IN&.
Date:
Approved as to FornI and Legality
q5c~ Date: Ie")! ;>0/ b6
2
- 253 -
CONTRACT AMENDMENT BETWEEN
THE FLORIDA DEPARTMENT OF MA<'\fAGEMENT SERVICES.
TRANSMONTAIGNE PRODUCT SERVICES, INC..
AND
COMDA T A NETWORK, INC.
RELATING TO CONTRACT NO. 973-163-06-1
AMEND.MENT 3
This is an amendment to the Agreement between the Department of Management Services
("Department" or "DMS"), TransMontaigne Product Services, Inc. ("TransMontaigne" or
"Seller"), and Comdata Network, Inc. ("Comdata"), collectively I'efen'ed to as the Pmties.
This Amendment:
- Revises Section 11, Invoices, Payment. Credit., to include Sub-Section 1l.S.
In accordance with Section 41 of the PUR 1000, Modification of Terms, the following
modifications or amendments to the Agreement are hereby made:
L Section 11, Invoices, Payment, Credit., is revised to include:
11.5 Should individual electronic transaction data provided by a Merchant to Comdata
not conlain sufficient information to properly identify the Product as an item eligible to be
repriced, the Seller shall invoice and the Buyer shan pay the price provided by the Merchant for
that individual transaction.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
I
- 254 -
This amendment shall begin on the date on whic11 it is signed by both parties.
All other tenns and conditions of the original Contract and previous Amendments (if any) remain
in fuJl force and effect.
WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
TRANSMONTAIGNE PROD cr SERVICES. INC.
Signed by:. ~
Name: .~-- 7?c.lt:. f ~ -./--r.:rn
Title: fv f>
- ---.~~~~~..,
Date: ;/ZbftU
COMDATA NET
I
I .
Signed by: ...~~_.~
Name:
Title:
Date: 7 - / fr C) (..
DEPARTl\~~\YIENT SERVICES
Signed by: ~ ~tZ-t-
Name: ~4t7 ~ontMb.N
Title: D\~Q.., <s;1t>1"b F\)~1r1&-
Date: ~.
Approved as to Fom1 and Legality
/~ Date; "Ills I O.b
(..//7 =r~~~
~.__._._._._. ~ L
2
- 255 -
CONTRACT BETWEEN
THE FLORIDA DEP ARTMEl''T OF MANAGEMENT SERVICES,
TR.~NSMONTAIGNE PRODUCT SERVICES, INC.,
AND
COMDATA NETWORK, INe.
Relating to Contract No, 973-163-06~1
This Agreement is entered into on the date subscribed below, by and between the
Department of Management Services ("Department" or "DMS"), TransMontaigne
Product Services, Inc. ("TransMontaigne" or "Seller"), and Com data Network, Inc.,
hereinafter collectively referred to as the "Parties" to this Agreement.
WHEREAS, the Department and Comdata executed a state term contract effective as of
September 13, 2005 (the "Contract"), based on Comdata's response to the Departme!1l '5
Invitation to Negotiate No. 43-973-163.X (the "ITN"); and
WHEREAS, as part of its response to the ITN, Comdata offered the services of
TransMontaigne, the ultimate vendor and net seller of fuel, to provide Product to state
agencies and Eligible Uscrs; and
\VHEREAS, Comdata and Seller entered into a subcontract effective on November 1,
2005, desclibing each parry's role under the Contraot; and
WHEREAS, Seller is the net seller of fuel and ultimate vendor, is recognized as a
qualified wholesaler for fuel tax refunds and will be the only entity invoicing the State of
Florida and its Eligible Users for Product or Immediate Use Vehicle Accessories
purchased pursuant to the Contract and this Agreement; and
WHEREAS, Seller is fecogIJized by the Parties as the appropriate party to deduct federal
ta"{cs from Product purchases made pursuant to the Contract;
THEREFORE, subject to controlling law, policy(ies) and/or procedures, and in
consideration of the mutual interests and understandings expressed herein, the
Department and Seller agree as provided in this Agreement
1- Definitions-
""'hen used in this Contract, the tenns listed below have the following meanings:
"Agencies" means agency as defined in section 287.012, FLorida Statutes.
"Agreement" means this contraci betviecn the State of Florida, Department of
Management Services and TransMonlaigne Product Services, Inc.
1
- 256 -
"Buyer" or "Buyers" means State of Florida agencies and Eligible Users that make
purchases pursuant to this agreement
"Card" means "fuel card" as defined in section 3.01, Technical Specifications, of the
Contract, which provides:
"Fuel Card" shall mean the card issued to State and Eligible Users for the
purchase of Fuel and Immediate Use Vehicle Accessories.
"Comdata" refers to Comdata Network, Inl;. the entity that will issue Cards as set fourth
in the Contract
"Contract" means the state term contract between the State of Florida, Department of
Management Services, dated September 13, 2005, emered into as a result of Comda.ta' s
response to the Department's Invitation to Negotiate No. 43-973--163-X. The Contract is
made part ofthis agreement as Attachment B.
"Department" meanS the Florida Department of Management Services.
"Eligible Users" as used in section 280.056( 1), F.S., the Contract and as defined in rule
60A-1.005, Florida Administrative Code, means:
(1) All governmental agencies, as defined in Section 163.3164, F.S.,
which have a physical presence within the State of Florida;
(2) Any independent, nonprofit college or university that is located within
the State of Florida and is accredited by the Southern Association of
Colleges and Schools.
"Immediate Use Vehicle Accessories" means those commodities and services as defined
in section 3.03 ofthe Contract.
"Merchant" means any merchant thai offers Product or Immediate Use Vehicle
Accessories for sale and that honors the Card. Merchant includes "Fuel Locations" as
defined in section 3.01, Technical Specifications, of the Contract.
"Product" means fuel as defined in section 3.01, T cclmical Specifications, 0 f the
Contract, which provides:
"Fuel" shall mean any Fuel product obtained through use of the Fuel
Card. Fuel produc!: shall include all grades of unleaded gasoline
(unleaded; unleaded plus or mid-grade; and premium or super unleaded)
and fuel oil (on road diesel and off road diesel) to be used il1 State and
Eligible User vehicles ai1d equipment where Fuel monitorir.g requirements
are necessary.
2
- 257 -
Fuel product may also i_nelude gasoline and fuel oil used in State and
Eligible User Marine Fleets and/or Aircraft Fleets at Marinas and/or
Airports where the Contractor's Fuel Card is accepted_
When the State deems necessary, Fuel product may also include
alt~mative Fuels in certain areas of the State of Florida where available.
"Seller" means TransMontaigne Product S\:rviccs, Inc.
"State" means State of Florida and its agencies.
"Term" means the dllration of the Agreement between the Department and
TransMoDtaigl1c.
2. General Terms and Conditions.
Purchasing form PUR 1000, General Contract Conditions, is hereby incorporated into
and made part ofthis Agreement between Buyer and Seller. Attachment A. In addition
to satisfying its duties and obligations as specified in this Agreement, Seller further
assents to and othernrise agrees to be bound by the General Contract Conditions provided
in Attachment A. If there is a conflict bet\.veen the terms provided in the Attachment A
and this Agreement, this Agreement shall take precedence over the Attachment A.
3. Term.
Ihe leon of this agreement shall be concurrent with the Contract the Department has
with Corndata. The Contract is a five (5) year contract with a five (5) year renewal
option~ renewable at the convenience of the Department. This Agreement shall start on
the date it is executed by the Parties and shall continue concurrently with the term of the
Contract. The Parties further agree that renewals of the Contract shall be deemed to
automatically renew this Agreement without any action required of either Party. Also,
the Parties agree that termination of the Contract shall automatically terminate this
Agreement without any action required of either Party_ This provision will nO[ affect the
Department's ability to separately terminate this Agreement as provided in the
Attachment A.
4. Scope nfWark.
In conjunction with the Contract between the Department and Comdata, this Agreement
is entered into by the Parties to enable Buyers to purchase Product net federal excise
taxes. As Seller is the net seller of fuel, ultimate vendor, and is recognized as a qualified
wholesaler for fuel tax refunds, SeHer is responsible for invoicing Buyers for Product and
Immediate Use Vehicle Accessories purchased by users ofthe Card.
S, No Costs Associated with Eotering into this Agreement.
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In executing this agreement, the Parties agree that no additional cost is a<;sociated with,
will be included or will be charged by Seller or Comdata to Buyers purchasing Product or
Immediate Use Vehicle Accessories under this Agreement or under the Contract ~ only
costs currently permitted Wlder the Contract are allowable.
6. Fuel Specifications.
Sener agrees to provide Product to Buyer as specified in sections 3.05 and 4.12 of the
Contract (Attachment B).
7. Fuel Sale and Purchase.
During the Teml of this Agreement, Seller agrees to sell and Buyers agree to pay Seller
for Product purchased and to reimburse Seller for credit extended by Seller and Comdata
to Buyer for Card purchases. The plice for Product purchases shall be calculated as
provided in sections 3.03 and 3.04 of the Contract-
8. Taxes.
8.1 Seller must be registered with the IRS as an ultimate fuel vendor and must
provide the Department with the registration number.
8.2 Buyer must document and confirm to Seller that it is permitted to engage
in tax-free transactions with respect to the ProdUCllmder all federal or state laws that may
apply to the Contract, this Agreement and the Product delivered under both agreements.
Buyer shall provide to Seller in a timely manner all necessal)' exemption certificates and
other information and documentation as may be reasonably requested by Seller and must
reasonably cooperate with Seller to perfect claims for refunds or credits. Further, Buyer
waives any claim it may have with regard to said claims for refunds or credits for taxes to
the extent that Seller claims them and passes them on to Buyer.
8.3 Buyer must pay any and all taxes, fees, or other charges imposed or
asscssedby governmental or regulatory bodies, with respect to the Product delivered
under this agreement and the Contract, the taxable incident of which occurs after transfer
of title to the Product to Buyer.
8.4 Except as provided otherwise below, any and all taxes, fees, or other
charges imposed or assessed by governmental or regulatory bodies, the taxable incident
of which occurs prior to or at the time of transfer of title or the delivery of the Product
under the Contract, or the receipt of payment for such taxes, fees or charges, regardless of
tht: character, method of calculation, or measure of the levy of assessment, viill be paid
by the Party upon whom the tax, fee, or charge is imposed by law. With respect to all
federal, state and local gasoline, motor fuel, sales use, gross receipt, petroleum
inspection, environmental assurance, spill fund, pollution, and other excise taxes, fees, or
charges th31 are imposed by law on Seller, Buyer must, upon receipt of Seller's invoice,
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payor reimburse Seller for any such taxes, fees or charges Seller is required by law to
payor provide to Seller upon demand with a valid exemption certificate.
9. Department and Buyer Obligations.
9.1 The Department shall provide a contact person or project manager for the
duration of this Agreement. As needed, the Department's project manager shall
coordinate a team to work directly with the Seller for all implementation issues. The
Department's current project manager is:
David A Bennett
Purchasing Analyst, State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 370
Tallahassee, Florida 32399-0950
850-921-4072
david. benllctt(@dms.mvflorida.com
If the Department changes its designated contact person or project manager, the
Department shall timely notifY Seller oftbe change
9.2 To the extent not addressed in the Contract, the Department shall work
\Vi:h Seller and Comdata to determine the optimum accOLmt setup including proper
fueling limits by transaction, by day and by total purchase.
9.3 To the extent not addressed in the Contract, Department shan work with
Seller and Comdata to detelmine appropriate data capture items at the point-of-sale (e.g.,
driver ID, agency name).
9.4 To the extent not addressed in the Contract, the Department or Buyer shalL
provide all state agency vehicle pool information as required by the prompted data
capture setup.
10. Semi-Annual Savings Report.
To ensure appropriate monitoring of the cost-savings generated through implementation
of the Contract and this Agreement, Seller shall gather all Product purchase data relevant
to this Agreement and generate a Semi-annual Savings Report deliverable to the
Department project manager. This deliverable shall cover six-month intervals begilming
at the time of execution of the Agreement. The Report shall be delivered to the project
manager no later than 30 days from the end of the proceeding six-month period.
The Semi-aru1Ual Savings Report will consist of various items associated with individual
transactions nnder this Agreement and shall at a minimum include the individual re-
priced fuel rransactions associated with Product transactions that take place under this
Agreement.
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11. Invoices, Payment, Credit.
ILl Invoices shall be submitted monthly to the Buyer or as otherwise agreed
npon by the Buyer and Seller. Seller shall submit one periodic invoice for Product and
lnunediate Use Vehicle Accessories in sufficient detail for a proper pre-audit and post.
audit in accordance with section 287.058, Florida Statutes. Buyer agrees tt'..at payments
to the Contractor will be made in accordance with Florida Statutes.
11.2 Unless otherwise agreed to by Buyer and Seller, Seller will render
invoices to the Buyer on a monthly billing cycle supported by necessary documentation,
including an electronic invoice which details each Card tran:saction during the billing
cycle. In addition to other acceptable methods of presentation, Seller's telexing or
telecopying of invoices and other necessary documents will constitute acceptable
presentation under this agreement. Each party will furnish to the olher party any other
substantiating documents required under this agreement.
11.3 Under this Agreement invoices will only be issued by Seller to the Buyer
_ no invoices will be issued by Comdata pursuant to the Contract or this Agreement. All
invoices submitted by Seller to Buyer shall clearly indicate all tax and other deductions
excluded from the Fuel costs and shall disclosed on Buyer's invoice.
11.4 Seller will make the resulting data available online and will ensure such
information is accessible online by Buyer.
12. Measurements.
l\rnouots of Product received by Buyer will be determined according to fuel Card activity
reports generated each time Buyer receives Product. Except as may otherwise be
reasonably established by Buyer and Seller, said activity reports will be prima facie
evidence of volumes of Product delivered to Buyer, absent obvious cn.or or Fraud.
13. Delivery of Product via Fuel Card.
Product not obtained by use of a Card will not be subject to the terms of this Contract.
Buyer may receive Product at any Merchant, unless such Merchant is excluded under this
Agreement by Seller. Product shall be deemed delivered upon generation of <l. Ca.rd
activity report i.ndicating receipt of Product by Buyer from Merchant.
}4, Title, Risk of Loss and Cost of Delivery.
Title to and risk of loss or Product deli ver\;d Wlder this Agreement will pass to Buyer as
Product is delivered from the Merchant fuel pump_ Buyer or its representatives will be
responsible for loading Product into vehicles to be fueled pursuam to this agreement.
Buyer will be invoiced for all Product received from the Merchant, pursuant to the Card
activity report, regardless of accidental spills, release or other losses of Product dUling
delivery,
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15. Ownership of Documents - Public Records.
All documents and electronic files, databases, viewing materials., posters, etc., completed
or partially completed by the Seller under the terms ofthis agreement ("the Documents")
shall become and remain the property of Buyer upon demand or completion or
termination of this Agreement. It is the understanding of the parties that in providing
services to the Buyer pursuant to this agreement, Documents created or maintained by
Seller under this agreement may be public records as provided in chapter 119, Florida
StaUltes. Any use of the Documents by Buyer, its assigns, or any person, firm or
corporation acting on behalf of Buyer, shall be without additional compensation to the
Seller.
16. Card Use,
By using this Agreement, Buyei represents that it is a governmental body and that
utilization of any Cards issues pursuant to this Agreement or the Contract will only be for
governmental pLU-pOSCS and will not be used for personal, family or household purposes.
17. Customer Service.
Seller shall provide to Buyer telephone numbers and titles of the customer service
representatives responsible for handling Seller inquiries concerning invoicing, billing or
other non-emergency issues. Seller shall provide an organizational chart to Buyer
higrJighting the key people, inc1uding location of offices and who will be assigned by
Seller to perform services to Buyer under this Agreement.
18. Governmental Regulations.
Buyer will comply with all applicable rules and regulations regarding the receipt and use
of Product delivered pursuant to this Agreement, including without limitation those laws
pertaining to Reformulated Gasoline and Conventional Gasoline compliance.
19. Audit.
During the term of this agr:Jement, and for a period that satisfies the applicable
Department of State General Retention Schedule for State Government Agencies (see
hltp://dlis.dos.state.fl.us/recordsmgmt/gen records schedules.cfm), upon reasonable
prior notice, each party may audit, at their expense, the other Party's records and
documents relating to Productf[mmediate Use Vehicle Accessories delivered or received
under the Agreement during norn1al business hours of that party as its place of business.
Each party shall retain the said records for the stated period oftime.
20, Performance by Seller and Comdata.
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Seller ackrlOwledges that successful execution of the duties and obligations provided in
both this Agreement and the Contract require seamless implementation, interaction and
communication between Seller and Comdata. Further, Seller represents that it
understands the commodities and/or contractual services sought pursuant to the ITN, the
role and responsibilities of Comdata under the Contract (Attachment B), the relationship
bet-veen Comdata and Seller's obligations to the State of Florida under both the Contract
and this Agreement, and hereby agrees work with Com data to satisfy its obligations as
provided in this Agreement.
21. State Objectives.
Within thirty (30) calendar days following execution of this Agreemem, Seller agrees to
submit plans addressing each of the State five (5) objectives listed in section 2,24 of the
Contract (Attachment B).
22. Contract Deliverables.
Seller agrees to provide to the Department the Contract Deliverables identified in section
3.06 of the Contract. (Attachment B). The date that shall be used to calculate when the
identified deliverablcs are due to the Department shall be the date this Agreement is
executed by the Parties.
23. MyFloridaMarketplace Transaction Fee.
This Agreement is subject to the MyFloridaMarketplace Transaction Fee requirement.
See paragraph 15, PUR 1000 (Attachment A).
24. Performance Metrics.
By June 30, 2006, the Department, Comdata and TrallsMontaigne shall jointly develop a
set of clear and challenging performance metrics against which the Fuel Card Program's
success can be measured.
REMAINDER OF THIS PAGE INTEJ\'TIONALL Y LEFT BLANK
8
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WHEREFORE, the Parties hereto have caused this Contract to be executed by their
undersigned of!icials as duly authorized.
TRANSMONTAlGNE PRODUCT SERVICES, INC.
Signed by: ~c::=-.:=.:..::> --. ....
Name: Rick Eaton ---
Title: Executive Vice President
Date: Atlril 24. 2006
Signed by: ---
Name: -~.-~-
Title: 51 J ( 'Gfl1 --
Date: .._....._ 4(J). ~r. U)OCp
:i:::Z:;~E:CES
N awe: /?/A 55 ;<0 fhMc",..,
Title: In !-err'm DYe&-f---oi or.S l-r-",-h..__J9...rc~s:J
Date: :;-/1 jOt-, -~
!
Approved as to Form and Legality
//? "~-"I
~~) ~~ Date: s:il-i. V.(
,~
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CONTRACT AMENDMENT BETWEEN
THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
AND
COMDATA NETWORK, INC.
CONTRACT NO. 973-163-06-1
AMENDMENT 1
This is an amendIDent to the Contract between the Department of Management Services
("Department") and Comdata Network, lnc. ("Comdata"), colJectively referred to as the Parties,
whereby the Depuiment secured the services of Comdata to provide Fuel Card Services for the
State.
This Amendment:
- Describes the role and responsibilities of the Net Seller of" Fuel under the Contract;
- Revises Section 3.02. Scope of Work; and
- Revises Section 4.06. Invoicin2: and Payment;
In accordance with Section 41 of the PUR 1000, Modification of Terms. the following
l11odifications or amendments to the Contract are hereby made:
1. Net Seller of Fuel.
As part of its response to the ITN, Comdata offered the services of TransMontaigne Product
Services, Il1c., ("Seller") as the net seller of fuel and ultimate vendor to provide the Fuel Product
sought through the !TN. Comdata and Seller entered into a "ubcontract effective as of November
1, 2005, describing each party's role under the Contract. Also, SeUer has the skills, knowledge,
and expertise regarding the ta..x-exempt sale of fuel, is recognized by the Parties as the appropriate
entity to claim a tax credit or refund for the sale of fuel on behalf of tax-exempt govenunenlal
entities and recognized by the Parties as the appropriate entity to deduct federal taxes from
Product purchases made pursuant to the Contract.
Therefore, to ensure that the intent of the ITN is met in that the state agencies and Eligible Users
obtain the most cost effective Fuei Card SelVices for the State while maximizing the quality and
efticiency of service delivered and that state agencies and Eligible Users ("Buyers") are able to
purchase fuel Product from Seller net federal excise taxes, the Parties agree that adding Seller as a
Party to this agreement will enhance the level of service provided under the Contract. Thus,
contemporaneous with executing this Amendment, me Parties h;:.ve entered i..."'!to an Agreement
with Seller that provides Sellers role and responsibilities to state agencies and Eligible Users that
use the Contract. The Agreement is attached to this Amendment as Attachment A.
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2. Section 3.02, ScoDe of Work.. is revised to read:
This Contract is entered into to provide a Fleet Fuel Card program for Vehicle Fleets owned by
state agencies and Eligible Users in the State of Florida. Eligible Card purchases include only the
purchase of fuel Product net federal excise taxes and Immediate User Vehicle Accessories as
defined in the Contract. Also, the Fuel Card may be used at Marinas and/or Airports as allowed
for Marine Fleets andlor Aircraft Fleets. The Department seeks to improve quality and efficiency
or services delivered, improve Eligible Cser services aIle reduce cost.
Although the Parties have entered into an Agreement witb Seller that details Sellers role and
responsibilities to state agencies and Eligible Users that use the Contract, this does not in any way
relieve or otherwise excuse Comdata of its duties as stated in the Contract.
3. Section 4.06, Invoicinl! and Payment, is revised to read:
Invoices for fuel product and/or Immediate User Vehicle Accessories resulting from use of the
Card shall be submitted to monthly by TransMontaigne ("Seller") to Buyers or as agreed upon in
the Agency Agreement. Seller is the only entity authorized to invoice Buyers for fuel Product or
fmmediate User Vehicle Accessories under the Contract. Seller shall submit invoices for Fuel
and/or Immediate Use Vehicle Accessories in sufficient detail for a proper pre-audit and post-
audit in accordance with section 287.058, Florida Statutes, and as specified in the Agreement
(Attachment A).
TH.E RKMAINDER OF THIS P AGE IS INTENTIONAI_L Y LEFT BLANK.
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This amendment shaH begin on the date on which it is signed by both parties.
All other terms and conditions of the original Contract and previous Amendments (if any) remain
in full fore c and cffect.
WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
COMDATA N
Signed by: _...~,~--_.._--....-........
Name: --
Title: . .51 ,J!- ~,r1_ ....
Date: --&-1~_ 2- ~, Z(fJ(. --
DEPARTM~F ~ERV[CES
Signed by: I l<.1 I ..
Name: ~5 f? 0 f-l-.. t'V1 <:..../1
Title: J:n kr I ~ IJ//4:.f-oC1 Sh:. 1-e- lZrc..hAs ,'r,J
Date: 5/'!Db
Approved as to foml and Legality
dj!/J Date: S- J I / 7)6
-~-~. -- ..-'
3
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State Term Contract for
Fuel Card Services
Contract No. 973~163~O6~1
Contract between Comdata and the
Department of Management Services
Contract Term: Five Years with Five Year Renewal Option
Refer ALL Inquiries to: ,
i
I
David A. Bennett I
,
Purchasing Analyst, State Purchasing I
Department of Management Services I
4050 Esplanade Way, Suite 370
Tallahassee, FL 32399-0950
(850) 921-4072 i
(850) 488-5498 (facsimile) !
i
bennE'wriV,dms. state. fl. us (
i
j
i
I
Fud Card Ser.rjccs Contract 973-163-06-1 Page 1 of3 !
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Section 1.00: Introduction i
I
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Table of Contents
1.0 Introduction
PUR Form 1000 - General Contract Conditions
PUR Form 1001 . General Instructions to Respondents
2.0 Special Instructions to Respondents
3.0 Technical Specifications
4.0 Special Conditions
5.0 Forms
Fuel Card Services Contract 973-163-06-1 Page 2 of3
Section 1.00: Introduction
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1.00 Introduction
1.61 Purpose and Scope:
The State of Florida, Department of Management Services, invttes interested Respondents to submit
responses in accordance with the solicitation document~. The purpose of this solicitation is to establish
a five year SLate Term Contract for Fuel Card Services with the potentia] for a five year renewal option.
The intent is to obtain the most cost effective Fuel Card Services for the State while maximizing the
quality and level of service. The Department is seeking qualified Fleet Fuel Card companies to provide
for the purchase of Fuel and other services to maintain daily operation of Customer fleets throughour the
comract period. Qualified companies must have the capability to perform and complete the services in
all respects in accordance with the solicitation documents.
1.02 History:
The CUlTent Agreement (Voyager), which this contract will supercede, is estimated at $20 million annual
spend of which approximately S16 million is by Stale Agencies. The current program has approximately
28,000 cards of which 13,000 are active during any given month. During the calendar year of l003, there
were approximately 120 eligible users executing over 780,000 transactions at 1 ],000 locations throughout
the State. These estimated figures are provided a~ a historical reference of prior activity within the State
and should not be interpreted or construed as representing future activity.
Fue] Card Services Contract 973-163-06-1 Page 3 of3
Section 1.00: Introduction
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State of Honda
PUR 1000
General Contract Conditions
Contents
I. Definitions.
2. Purchase Orders.
3. Product Version.
4. Price Changes Applicable only to Tenn Contracts.
5. Additional Quantities.
6. Packaging.
7. Manufacturer's Name and Approved Equivalents.
8. Inspection at Contractor's Site.
9. Safety Standards.
10. Americans with Di5abiJities Act.
11. Literature.
12. Transportation and Delivery.
13. LTJsrallation.
14. Risk of Loss.
15. Transaction Fee.
16. Invoicing and Payment.
17. Taxes.
18. Governmental Restrictions.
19. Lobbying and Integrity.
20. Indcnmification.
21. Limitation of Liability.
22. Suspension ofWol'k.
23. Termination for Convenience.
24. Termination for Cause.
25. Force Majeure, Notice: of Delay, and No Damages for Delay.
26. Scope Changes.
27. Renewal.
28. Advertising.
29. Assignment.
30. Dispute Resolution.
3 I. Employees, Subcontractors, and Agents.
32. Security and Confidentiality.
33. Independent Contractor StahlS of Contractor.
34. Insurance Requirements.
35. Warranty of Authority.
36. Warranty of Ability to Perform.
37. Noti;:;es.
38. Leases and Installment Purchases.
39_ Prison Rehabilitalive Industries and Diversified Enterprises, Inc. (PRIDE).
40. ProducUi Available from the Blind or Other Handica.pped.
PUR 1000 (03/04) 60A-l.002, F.A.C.
Page 1 ofl)
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41. Modification ofTeI1YJs.
42. Cooperative Purchasing.
43. Waiver.
44. Annual Appropriations.
45_ Execution in Counterparts.
46. Severability.
47. Special Conditions.
1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this
agreement. The following additional tenns are also defined:
(a) "Contract" means the legally enforceable agreement that results from a successful
solicitation. The parties to the Contract will be the Customer and COlltractor.
(b) "Customer" means the State agency or other entity that will order products direcdy
from the Contractor under t]1I:; Contract.
(e) "Product" means any deliverable under the Contract, which may include
commodities, services, technology or software.
(d) "Purchase order" means the form or format a Customer uses to make a purchase
under the Contract (e.g., a fonnal written purchase order, electronic purchase order,
procurement card, or other authorized means).
2, Purchase Orders. A Contractor shall not deliver or furnish products until a Customer
transmits a purchase order. All purchase orders shall bear the Contract or soli citation
number, shall be placed by the Customer directly with the Contractor, and shall be
deemed to incorporate by reference the Contract and solicitation terms and conditions.
Any discrepancy bet\'Jeen the Contract tenus and the terms stated on the Contractor's
order fonn, confirmation, or acknowledgement shall be resolved in favor of terms most
favorable to the Customer. A purchase order for services within the ambit of section
287.058(1) of the Florida Statutes shall be deemed to incmporate by reference the
requirements of subparagraphs (a) through (D thereof. CUstomers shall designate a
contract manager and a contract administrator as required by subsections 287.057(15) and
(16) of the Florida Statutes.
3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most
recently release model or version of the product at the time of the order, unless the.
Customer specifically requests in wriling all earlier model or version and 6e contractor is
willing to provide such model or version.
4. Price Changes Applicable only to Term Contracts- rf this is a term contract for
commodities or services, the following provisions apply.
PUR 1000 (03/04) 60A-1.002, FAc.
Page 2 ofl3
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(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time
delivery of large single orders. Customers should seek to negotiate additional price
concessions on quantity purchases of any products offered under the Contract. State
Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, jf the Customer becomes aware of
bett~r pricing offered by the Contractor for substantially the same or a smaller quantity of
a product outside the Contract, but upon the same or similar terms ofthe Contract, then at
the discretion of the Customer the price under the Contract shall be immediately reduccd
to the lower price.
(0) Sales Promotions. In addition to decreasing prices for the balance of the Contract term
due to a change in market conditions, a Contractor may conduct sales promotions
involving price reductions for a specified lesser period_ A Contractor shall submit to the
Contract Specialist documentation identifying the proposed (1) starting and ending dates
of the promotion, (2) products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all Customers. Upon
approval, the Contractor shall provide conspicuous notice of the promotion.
(d) Trade-ln. Customers may trade-in equipment when making purchases from the
Contract. A trade-in shall be negotiated between the Customer and the Contractor.
Customers are obligated to actively seek current fall: market value when trading
equipment, and to keep accurate. records of the process. For State agencies, it may be
necessary to provide documentation to the Department of Financial Senices and to the
agency property c..tstodian pursuant to Chapter 273, F.S.
(e) Muitable Adjustment The Customer may, in its sole discretion, make an equitable
adjustment in the Contract tenns or pricing ifpricing or availability of supply is affected
by extreme and unforeseen volatility in the marketplace, that is, by circumstances that
satisfy all the following criteria: (1) the volatility is uue to causes wholly beyond the
Contractor's control, (2) the volatility affects the marketplace or industry, not just the
particular Contract source of supply, (3) the effect on pricing or availability of supply is
substantial, and (4) the volatility so affects the Contractor that continued performance of
the Contract would result in a :rubstantialloss.
5. Additional Quantities. For a period not exceeding ninety (90) days from the date of
solicitation award, the Customer reserves the right to acquire additional quantities up to
the amount shown on the solicitation but not to exeeed the threshold for Catcgory Two at
me prices submined in the response w the solicitation.
6. Packaging. Tangible product shall be securely and properly packed for SruPIDwt,
storage, and stocking in appropriate, clearly labeled, shipping containers and according to
accepted commercial practice, without extra charge for packing materials, cases, or other
types of containers. All containers and packaging shall become and remain CusLOmer'~ I
property.
i
PUR 1000 (03/04) 60A-l.002, FAG. t
Page 3 of 13 i
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7. Manufacturer's Name lUld Approved Equivalents. Unless otherwise specified, any
manufacturers' names, trade names, brand names, information or catalog numbers listed
in a specification are descriptive, not restrictive. With the Customer's prior approval, the
Contractor may provide any product that meets or exceeds the applicable specifications.
The Contractor shaH demonstrate comparability, including appropriate catalog materials,
literature, specifications, test data, etc. The Customer shall determine in its sole
discretion whether a product is acceptable as an equivalent.
8. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any
reasonable time with prior notice, the equipment or product or plant or other facilities of a
Contractor to assess conformily with Contract requirements and to determine whether
they arc adequate and suitable for proper and effective Contract perfonnance.
9. Safety Standards, All manufact\lred items and fabricated assemblies subject to
operation UIlder pressure, operalion by COlUlccti.::m to an electric source, Or operation
involving connection to a manufactured, natuml, or LP gas source shall be constructed
and approved in a mallller acceptable to the appropriate State inspector. Acceptability
customarily requires, at a minimum, identification marking of the appropriate safety
standard organization, where such approvals of listings have been established for the type
of device offered and furnished, for example: the American Society of Mechanical
Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical
Manuiacturers' Association for electrically operated assemblies; and the American Gas
i\.ssocimion for gas-operated assemblies. In addition, all items furnished shall meet all
applicable requirements of the Occupational Safety and Health Act and state and federal
requirements relating to dean air and water pollution-
10. Americans with Disabilities Act Contractors should identify any products that may
be used or adapted for use by visually, hearing, or other physically impaired individuals.
11. Literature. Upon request, the Contractor shall furnish literature reasonably related to
the product offered, for example, user manuals, price schedules, catalogs, descriptive
brochures, etc.
12. Transportation and Delivery. Prices shall include all charges for packing, handling,
freight, di~tribution, and inside delivery. Transportatioll of goods shall be FOB
Destination to any point within thirty (30) days after the Customer places an Order. A
Contractor, within five (5) days after receiving a purcru:se order, shall notify the
Customer of any potential delivery delays. Evidence of inability or intentional delays
shall be cause for Contract cancellation and Contractor suspension. ;
13. Installation. Where installation is required, Contractor shall be responsible fOf I
I
I
placing and installing the product in the required locations at no additional charge, unless i
othel"\vise designated on the purchase order. Contractor's authorized product and price j
list shall clearly and separately identify any additional installation charges. All materials ;
used in the installation shall be of good quality and shall be fn::e of defects that would I
PUR 1000 (03/04) 60A-1.002, F.A.C. I
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Page 4 of J3 i
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diminish the appearance of the product or render it structurally or operationally unsound.
Installation includes the furnishing of any equipment, rigging, and materials required to
install or replace the product in the proper location. Contractor shall protect tile site from
damage and shall repair damages or injLlry caused during installation by Contractor or its
employees or agents. If any alteration, dismantling, excavation, etc., is required to
achieve installation, the Contractor shall promptly restore the structure or site to its
original condition. Contractor shall perfonn installation work so as to cause the least
inconvenience and interference with Customers and with proper consideradon of others
on site. Upon completion of the installation, the location and surrounding area of work
shall be ld't clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
14. Risk of Loss. Matters of inspection and acceplance are addressed in s. 215.412, F.S.
Until acceptance, risk of loss or damage shaH remain with the Contractor. The
Contractor shall be responsible for filing, processing, and collecting all damage claims.
To assist the Contractor with damage claims, the Customer shall: record any evidence of
visible damage on all copies of the delivering carrier's Bill of Lading; report damages to
the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill
of Lading and damage inspection report. When a Customer rejects a product, Contractor
shall remove it from the premises within ten days after notification or rejcction. Upon
rejection notification, the risk of loss of rejected or non-confonning product shall remain
with the Contractor. Rejected product not removed by the Contractor within ten days
shall be deemed abandoned by the Contractor, and the Customer shall have the right to
dispose of it as its own property. Contractor shall reimburse the Customer for costs and
expenses incurred in storing or effecting removal or disposition ofrejeCled product.
15. Transaction Fee. The State of Florida has instituted MyFJoridaMarketPlace, a
statewide ePwcurement System ("System"). Pursuant to section 287.057(23), Florida
Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%),
which the Contractor shall pay to the State, unless exempt pursuant to 60A-] .032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the
Transaction Fee shall, when possible, be automatically deducted from payments to the
Contractor. If automatic deduction is not possible, the Contractor shall pay the
Transaction Fee pursuant to Rule 60A-l.031 (2), F.A.C. By submission of these reports
and corresponding payments, Contractor certifies their correctness. All such reports and
payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the
purchase of any item(s) if such item(s) are returned to the Contractor through no fault,
act, or omission of the Contractor. Nomrfthstanding the foregoing, a Transaction Fee is
non-refundable when an item is rejected or returned, or declined, due to the Contractor's
failure to perform or comply with specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the i
!
Contractor in default and recovering reprocurement COStS from the Contractor in addition i
!
co all outstanding fees. CONTRACTORS DELINQUENT IN PAYL'lG i
TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING I
FUTURE BUSINESS WITH THE STATE. I
PUR 1000 (03/04) 60A-I.002, FAC. !
,
Page 5 of13 I
I
I
!
i
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16. Invoicing and Payment. Invoices shall contain the Contract number, purchase order
number, and the appropriate vendor identification number. The State lIlay require any
other infonnation from. the Contractor that the State deems necessary to verify any
purchase order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of paper-based invoices for those
transactions processed through the system. Electronic invoices shall be submitted to the
Customer through the Ariba Supplier Network (ASN) in one of the following
mechanisms - EDI 810, cXML, or web-based invoice entry within the ASN.
Payment sball be made in accordance with sections 215.422 and 287.0585 of the Florida
Statutes, whicb govern time limits for payment of invoices. Invoices that must be
returned to a Contractor due to preparation errors will result in a delay in payment.
Contractors may call (850) 413-7269 Mooday through Friday to inquire about the statw;
of pa}'ments by State Agencies. The Customer is responsible for all payments under the
Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach
of tbe Contract and shall not relieve the Contractor of its obligations to the Department or
to other Customers.
17. Taxes. The State does not pay Federal excise or sales taxeS on direct purchases of
tangible personal property. The Slate will not pay for any personal property taxes levied
on the Contractor or for any taxes levied on employees' wages. Any exceptions to this
par'<lgraph shall be explicitly noted by the Customer on a purchase order or other special
contract condition.
18, Governmental Restrictions. If the Contractur believes that any governmental
restrictions have been imposed that require alteration of the material, quality,
worlcrnanship or performance of the products offered under the Contract, the Contractor
shall immediately notify the Customer in writing, indicating the specific restriction. The
Customer reserves the right and the complete discretion to accept any such alteration or
to cancel the Contract at no further expense to the Customer.
19. Lobbying and Integrity. Customers shall ensure compliance with Section 1 L062,
FS and Section 216.347, FS.The Contractor shall not, in connection with tbis or any
other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer
any pecuniary benefit on anyone as consideration for any State officer or employee's
decision, opinion, recommendation, vole, other exercise of discretion, or violation of a
known legal duty, or (2) offer, give, or agree to give to anyone any grall.l.ity for the benefit
of, or at the direction or request of, any State officer Of employee. For purposes of clause
(2), "gratuity" means any payment of more than nominal monetary value in the form of
cash, travel, entertairunent gifts, meals, lodging, loans, subscriptions, advances, deposits
of money, services, employment, or contracts of any kind. Upon request of the
Customer's Inspector General, or other authorized State official, the Comractor shall
provide any type of information the Inspector Genera] deems relevant to the Contractor's
integrity or responsibility. Such information may include, but shall not be limited to, the
Com:ractor's business or financial records, documents, or files of any type or form that
PUR 1000 (03/04) 60A-I.002, F AC.
rage 6 of J3
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refer to or relate to the Contract. The Contractor shall retain such records for the longer
of (1) three years after the eKpiration of the Contract or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at
hrtp;//dlis.dos.state.fl.usJbannJgenschedules/eensched.htm). The Contractor agrees to
reimburse the State for the reasonable costs of investigation incurred by the Inspector
General or other authorized State official for investigations of (he Contractor's
compliance wilh the terms Oflhis or any other agreement between the Contra<.;tor and the
State which results in the suspen.qion or debarment of the Contractor. Such costs shall
include, but shan not be limited to; salaries of investigators, including overtime; travel
and lodging expenses; and expert witness and documentary fees. The Contractor shaJJ
not be responsible for any costs of investigations thai do not result in the Contractor's
suspension or debarment.
2(), Indemnification. The Contractor shall be fully liable for the actions of il~ agents,
employees, partners, or subcontractors and shall fully indemnify, defend, and hold
harmless the State and Customers, and their officers, agents, and employees, from suits,
actions, damages, and costs of every name and description, including anomeys' fees,
arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by Contractor, its agents, employees,
partners, or subcontractors, provided. however, that the Contractor shall not indemnify
for that portion of any loss or damages proximately caused by the negligent act or
omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold hannless the State and
Customers from any suits, actions, damages, and costs of every name and description,
including attorneys' fees, arising from or relating to violation or infringement of a
trademark, copyright, patent, trade secret or intellectual property right, provided,
however, that the foregoing obligation shall not apply to a Customer's misuse or
modification of Contractor's products or a Customer's operation or use of Contractor's
products in a manner not contemplated by the Contract or the purchase order. If an.y
product is the subject of an infringement suit, or in the Contractor's opinion is likely to
become the subject of such a suit, the Contractor may at its sole expense procure for the
Customer the right to continue using the product or to modify it to become non-
infringing. If dIe Contractor is not reasonably able to modify or otherwise secure the
Customer the right to continue using the product, the Contractor shall remove the product
and refund the Customer the amounts paid in excess of a reasonable rental for past use.
The customer shall not be liable for any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any
legal action are contingent upon the State or Customer giving the Conn-actor (1) written
notice of any action or threatened action, (2) the opporrunity to take over and settle or
defend any such action at Contractor's sole eKpense, a'1d (3) assistance in. defending the
action at Contractor's sole expense. The Contractor shall not be liable br any cost,
expense, or compromise in~u:red or made by the State or Customer in any legal action
without the Contractor's prior written consent, which shall not be unreasonably withheld.
PUR 1 000 (03/04) 60A-L002, F.AL
Page 7 of 13
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21. Limitation of Liability. For all claims against the Contractor under any individual
purchase order, and regardless of the basis on which the claim is made, the Contractor's
liability under a purchase order for direct damages shall be limited to the greater of
$]00,000, the dollar amount oflhe purchase order, or two times the charges rendered by
the Contractor under the purchase order. This limitation shall not apply to claims arising
under the Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no
party shall be liable to another for special, indirect, punitive, or consequential damages,
including lost data or records (unless the purchase order requires the Contractor to back-
up data or records), even if the party has been advised that such damages are possible.
No party shall be liable for lost profits, lost revenue, or lost institutional operating
savings. The State and Customer may, in addition to other remedies available to them at
law or equity and upon notice to the Contractor, retain such monies from amounts due
Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the
like asserted by or against them. The State may set off any liability or other obligation of
the Contractor or its affiliates to the State against any payments due the Contractor under
any contract with the State.
22. Suspension of Work. The Customer may in its sole discretion suspend any or all
activities under the Contract, at any time, when in the best interests of the State to do so.
The Customer shall provide the Contractor written notice outlining the particulars of
suspension. Examples of the reason tor suspension include, but are not limited to,
budgetary constraints, declaration of emergency, or other such circumstances. After
receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders. Within ninety days, or any longer period agreed to by the
Contractor, the Customer shall either (1) issue a llo:ice authorizing resumption of work,
at which time activity shall r~sume, or (2) terminate the Contract. Suspension of work
shall not entitle the Contractor to any additional compensation.
23. Termination for Convenience. The Customer, by written notice to the Contractor,
may terminate the Contract in whole or in part when the Customer determines in its sole:
discretion that it is in the State's interest to do so. The Contractor shall not furnish any
product after it receives the notice of termination, except as necessary to complete the
continued portion of the Contract, ifany. The Contractor shall not be entitled to recover
any cancellation charges or lost profits.
24. Termination for Cause. The Customer may telminate the Contract jfthe Contractor
fails to (l) deliver the product within the time specified in the Contract or any extension,
(2) maintain adequate progress, thus endangering performance ofthe Contract, (3) honor
any term of the Contract, or (4) abide by any statutory, regulatory, 01 licensing
requirement. Rule 60A-l.006(3), FA-C., governs the procedure and consequences of
default. The Contractor shHll continue work on IlIIY work not terminated. Except tor
defaults of subcontractOrs at any tier, the Contractor shall not be: liable for any excess
costs if the failure to perform the Contract arises from events completely beyond the
control, and without the fault or negligence, of the CvulnlCtOr. If the failure to perfonn is
PUR 1000 (03/04) 60A-I.Q02, FAC.
Page 8 of 13
- 278 -
caused by the default of a subcontractor at any tier, and if the cause of the default is
completely beyond the control of both the Contractor and the subcontractor, and without
the fault or negligence of either, the Contractor shall not be liable for any excess costs for
failure to perform, unless the subcontracted products were obtainable from other sources
in sufficient time for the Contractor to meet the required delivery schedule. If, after
termination, it is detennined that the Contractor was not in default, or that the default was
excusable, the rights and obligations of the parties shall be the same as if the tennination
had been issued for the convenience of the Customer. The rights and remedies of the
Customer in this clause are in addition to any other rights and remedies provided by law
or under the Contract.
25. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall
not be responsible for delay resulting from its failure to perform if neither the fault nor
the negligence of the Contractor or its employees or agents contributed to the delay and
the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods,
or other similar cause wholly beyond the Contractor's control, or for any of the foregoing
that affect subcontractors or suppliers if no alternate source of supply is available to the
Contrllctor. In case of any delay the Contractor beli eves is excusable, the Contractor
shall notify the Customer in writing of the delay or potential delay and describe the cause
of the delay either (1) within ten (10) days after the cause that creates or will create the
delay first arose, if the Contractor could reasonably foresee that a delay could occur as a
result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the
Contractor first had reason to believe that a dday could result THE FOREGOING
SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE
WITH RESPECT TO DELAY. Providing notice in strict accordance with this
paragraph is a condition precedent to such remedy. No claim for damages, other than for
an extension of time, shall be asserted against the Customer. The Contractor shall not be
entitled to an increase in the Contract price or payment of any kind from the Customer for
direct, indirect, consequential. impact or other costs, expenses or damages, including but
not limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist the Contractor shall perform at no increased cast, unless the
Customer determines, in its sole discretion, that the delay will significantly impair the
value of the Contract to the State or to Customers, in whieh case the Customer may (I)
accept allocated performance or deliveries from the Contractor, provided that the
Contractor grants preferential treatment to Customers with respect to products subjected
to allocation, or (2) purchase from other sources (without recourse 10 and by the
Contractor for the related costs and expenses) to replace all or part of the products that
are the subject of the delay, which purchases may be deducted from the Contract
quantity, or (3) terminate the Contract in whole or in part.
26. Scope Changes. The Customer may unilaterally require, by written order, changes
altering, adding to, or deducting from the Contr<lct specifications, provided that such
changes are '..vithin the general scope of the Conrracl The Customer may make an
equitable adjusnnent in the Contract price or delivery date if the changE! affects rl1e cost
PUR 1000 (03/04) 60A-I.002, F.A.C.
Page 9 ofl3
- 279 -
or time ofperformam::tl. Such equitable adjustments require the written consent of the
Ccntractor, which shall not be unreasonably withheld. If unusual quantity requirements
arise, the Customer may solicit separate bids to satisfy them.
27. Renewal. Upon mutual agreement, the Customer and the ContractOr may renew the
Contract, in whole or in part, for a period that may not exceed 3 years or the tcnn of the
contract, whichever period is longer. Any renewal shall spe<:ify the renewal price, as set
forth in the solicitation response. The renewal must be in writing and signed by bem
parties, and is contingent upon SJ:ltisfactory perfonnance evaluations and subject to
availability of funds.
28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not
publicly disseminate any information C(Jncerrring the Contract withom prior written
approval from the Customer, including, but not limited to mentioning the Contract in a
press release or other promotional material, identifying the Customer or the State as a
reference, or otherwise linking the Contractor's name and either a description of the
Contract or me name of the State or the Customer in any material published, either in
print or electronically, to any entity that is not a party to Contract, except potential or
actual authorized distributors, dealers, resellers, or service representative.
29. Assignment. The Contractor shall not seU, assign or transfer any of its rights, duties
or obligations under the Contract, or under any purchase order issued pursuant to the
Contract, without the prior written consent of the Customer; provided, the Contractor
assigns to the State any and all claims it has with respect to the Contract under the
antitrust laws of the United States and the State. In the event of any assignment. the
Contractor remains secondarily liable for perfomlance of the contract, unless the
Customer expressly waives such secondary liability. The Customer may assign the
Contract with prior written notice to Contractor of its intent to do so.
30. Dispute Resolution. Any dispute concerning performance of the Contract shall be
decided by the Customer's designated contract manager, who shall reduce the decision to
writing and serve a copy on the Contractor. The der.;ision shall be iinal and wnclusive
unless within ten (10) days from the date of receipt, the Contractor files with the
Customer a petition for administrative hearing. The Customer's decision on the petition
shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the
Florida Statutes" Exhaustion of administrative remedies is an absolute condition
precedent to the Con!ractors ability to pursue any other form of dispute resolution;
provided, however, that the parties may empluy lhe alternative dispute resolution
procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that
arises out of or relates to the Contract shall be the appropriate state court in Leon County,
Florida; in any such action, Florida law shall apply and the parties waive any right to jury
tri at
PUR 1000 (03/04) 60A- 1.002, F.A.C.
Page ] 0 of 13
- 280 -
.. .". ..-, '.".' .",,,,,.. "... ,"" ..'~
31- Employees, Subcontractors, and Agents. All Contractor employees,
subcontractors, or agents perfonning work under the Contract shall be properly trained
teclmicians who meet or exceed any specified training qualifications. Upon request,
Contrl1(;tor shall furnish a copy oftechnicaJ certification or other proof of qualification.
All employees, subcontractors, or agents perfonning work under the Contract must
comply with all security and administrative requirements of the Customer. The State
may conduct, and the Contractor shall cooperate in, a security background check or
othcnvise assess any employee, subcontractor, or agent furnished by the Contractor. The
State may refuse access to, or require replacement of, any persorme1 for cause, including,
but not limited to, teclmical or training qualifications, quality of work, change in security
status, or non-compliance with a Customer's security or other requirements. Such
approval shall not relieve the Contrclctor of its obligation to perfoml all work in
complian.ce with the Contract. The State may reject ai"ld bar from any facility for cause
any ofille Contractor's employees, subcontractors, or a.gents.
32, Security and Confidentiality. The Contractor shall comply fully with all security
procedures of the State and Customer in perfOTInlUlCe of the Contract. The Contractor
shall not divulge to third parties any confidential infonnation obtained by the Contractor
or its agents, distributors, reseHers, subcontractors, officers or employees in the course of
performing Contract work, including, but not limited to, security procedures, business
operations jrrforrnation, or commercial proprietary information in the possession of l.1.C
State or Customer. The Contractor shall not be required to keep confidential information
or material that is publicly available through no fault of the Contractor, material that the
Contractor developed independently without relying on the State's or Customer's
confidential information, or material that is otherwise obtainable under State law as a
public record. To insure confidentiality, the Contractor shall take appropriate steps as to
its personnel, agents, and subcontractors. The warranties of this paragraph shall survive
the Contract.
33.Contractor Employees, Subcontractors, and Otber Agents. The Customer and the
State shall take all actions necessary to ensure that Contractor's employees,
subcontractors and other agents are not employees of the State of Florida. Such actions
include, but are not limited to, ensuring t'1at Contractor's employees. subcontractors, and
other agents receive benefits and necessary insurance (health, workers' compensations,
and unemployment) from an employer other than the State of Florida
34. Insurance Requirements. During the Contract tenn. the Contractor at its sole expense
shall provide commemial insurance of such a type and with such tenns and limits as may be
reasonably associated with the Contract. Providing and maintaining adequate insurance
coverage is a material obligation of the Contractor, Upon request, the Contractor shall
provide certificate of insurance. The limits of coverage under each policy maintained by the
Contractor shall not be interpn:ted as limiting Lhe Contractor's liability and obligations
under the Contract. All insurance policies shall be through insurers authorized or eligible to
write policies in Florida.
PUR 1000 (03/04) 60A-l.002, F.A.C.
Page]] of13
- 281 -
35. Warranty of Authority. Each person signing the Contract warrants that he or she is
duly authorized to do so and to bind the respective party to the Contract.
36. Warranty of Ability to Perform. The Contractor warrants that, to the best of its
knowledge, there is no pending or threatened action, proceeding, or investigation, or any
other legal or financial condition, that would in any way prohibit, restrain, or diminish [he
Contr'actor's ability to satisfy its Contract obligations. The Contractor warrants that
neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to
section 287.133 of the Florida Statutes, or on any similar list maintained by any other
state or the federal government. The Contractor shall immediately notify the CUstomer in
writing if its ability to perform is compromised in any manner during the tenn of the
Contract.
37. Notices. All notices required under the Contract liliaJl be delivered by certified mail,
return receipt requested, by reputable air courier service, or by personal delivery to the
agency designee identified in the original solicitation, or as otherwise identified by the
Customer. Notices to the ContraClor shall be delivered to the person who signs the
Contract. Either designated recipient may notify the other, in writing, if someone else is
designated to receive notice.
38. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as
defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend
any lease or installment-purchase agreement in excess of the Category Two amount
established by section 287.017 of the Florida Statutes_
39. Prison Rehabilitative Industries lIud Diversilied Enterprises, Inc. (PRIDt<:),
Section 946.515(2), F.S. requires the following statement to be included in the
solicitation: "It is expressly understood and agreed that any articles which are the subject
of, Dr required to carry out, the Contract shall be purchased. from lhe corporation
identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and
under the same proce:dures set forth in section 946.515(2) and (4) of the Florida Statutes;
and for pwposes of the Contract the person, finn, or other business entity Carryll1g out the
provisions of the Contract shall be deemed to be substituted for the agency insofar as
dealings with such corporaticn are concerned." Additional infonnation about PRIDE and
the products it offers is available at http://'HW"W.Dridefl.com.
4(). Products Available from the Blind or Other Handicapped. Section 413.036(3),
F.S. requires the following statement to be included in the solicitation: "It is expressly
understood and agreed that any articles that are the subject of, or required 10 carry out,
this contract shall be purchased from a nonprofit agency for the Blind or for the Severely
Handicapped that is qualified pursuaut to Chapler 413, Florida Statutes, in the same
manner and W1der thc same procedures sct forth in section 413.036(1) and (2), Florida
Slatutes; and for purposes of this contract the person, firm, or other business entity
carrying out the provisions of this contract shall be deemed to be substituted for the State
agency insofar as dealings with such qualified nonprofit agency are concerned."
Additional infolmation about the designated nonprofit agency and the products it offers is
available at htto:!/www.respectofflorida.or2:.
PUR 1000 (03/04) 60A-!.002, FAC.
Page 12 of 13
- 282 -
41. Modification of Terms. The Contract contains aU the terms and conditions agreed
upon by the parties, which terms and conditions shall govern all transactions between the
Customer and the Contractor. The Contract may only be modified or amended upon
mutual written agreement of dle Customer and the Contractor. No oral agreements or
representations shall be valid or binding upon the Customer or the Contractor. No
alteration or modification of the Contract tenus, including substitution of product, shaH
be valid or binding against the Customer. The Contractor may not unilaterally modify
the terms of the Contract by affixing additional terms to product upon delivery (e.g.,
attachment or inclusion of standard preprinted forms, product literature, "shrink wrap"
terms accompanying or a.ffixed to a product, whether written or electronic) or by
incorporating such terms onto the Contractor's order or fiscal forms or other documents
forwarded by the Contractor for payment. The Customer's acceptance of product or
processing of documentation on forms furnished by the Contractor for approval or
payment shall not constitute acceptance of the proposed modification to tenus and
conditions.
42. Cooperative Purchasing. Pursuant to their own governing laws, and ::'llbjccl to the
agreement of the Contractor, other entities may be permitted to make purchases at the:
tenns and conditions contained herein. Non-Customer purchases are independent of the
agreement between Customer and Contractor, and Customer shall not be a party to any
transaction between the Contra<:;tor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the
provisions Or8. 287.042(16)(a), F.S. This statute requires the Department of Management
Services to determine that the requestor's use of the contract is cost-effective and in the
best interest of the State.
43_ Waiver. The deiay or failure by the Cusromer to exercise or enforce any of its rights
under this Contract shall not constitute or be deemed a waiver of the Customer's right
thereafter to enforce those rights, nOr shall any single or partial exercise of any such right
preclude any other or further exercise thereof or the exercise of any other right.
44. Annual AppropriatioDs. The State's performance and obligation to pay under this
contract are contingent upon an annual appropriation by the Legislature.
45. Execution in Counterparts. Tbe Contract may be executed in counterparts. each of
which shall be an original and all of which shall constitute but one and the same
instrument.
46. Severability. If a court deems any pro\'ision of the Contract void or unenforceable,
that provision shall be enforced only 10 the extent that it is not in violation oflaw or is not
otherwise unenforceable and all other provisions shall remain in full force and effect.
47. Special Conditions. Pursuant to 60A~L002(7), F.A.C., a Customer may attach
additional contractual and technical tenns and conditions. These "special conditions"
shall take precedence over this form PUR 1000 unless the conflicting term in this fonn is
statutorily required, in which case the term contained in the fonn shall take precedence.
PUR 1000 (03/04) 60A-l.002, FAC.
Page 13 of13
- 283 -
State of Florida
PUR 1001
General Instructions to Respondents
Contents
1. Definitions.
2. Generallnstructions.
3. Electronic Submission of Responses.
4. Terms and Conditio.ns.
5. Questions.
6. Conflict ofInterest.
7. Convicted Vendors.
8. Discriminatory Vendors.
9. Respondent's Representation and Authorization.
10. Performance Qualifications.
11 . Public Opening.
12. Electronic Posting of Notice of Intended Award.
13. Finn Response.
14. Clarifications/Revisions.
15. Minor Irregularities/Right to Reject.
16. Contract Formation.
17. Contract Overlap.
]8. Public Records.
19. Protests.
1. Definitions. The definitions found in s. 6OA-l.OOl, F.A.C. shall apply to this
agreement The following additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the
Introductory Materials.
(c) "Respondent" means the entity that submits marerials to the Buyer in accordance with
these Instructions.
(d) "Response" means the material submitted by the respondent in answering the
solicitation.
(e) ''Timeline'' means the list of critical dates and actions included in the Introductory
Materials.
2. General Instructions. Potential respondents to the solicitation are encouraged to
carefully review all the materials contained herein and prepare responses accordingly.
3. Electronic Submission of Responses. Respondents are required to submit responses
electronically. For this purpose, all references herein to signatures, signing requirements,
or other required acknowledgments hereby include electronic signature by means of
clicking the "Submit Response" button (or otber similar symbol or process) attached to or
PUR 1001(3/04) Page i 01'6
- 284 -
.. . ... .. ,
logically associated with the response created by the respondent within
M yFloridaMarketPlace. The respondent agrees that the action of e!ectronically
submitting its response constitutes:
. an electronic signature on the response, generally,
. an electronic signature on any fonn or section specifically calling for a signature,
and
. an afIinnative agreement to any statement contained in the solicitation that
requires a definite confirma~ion or acknowledgement.
4. Terms and Conditions. All responses are subject to the terms of the following
sections of this solicitation, which, in case of conflict, shall have the order of precedence
listed:
. Technical Specifications,
. Special Conditions,
. Instructions to Respondents (PUR 1001),
. General Conditions (PUR 1000), and
. Introductory Materials.
The Buyer objects to and shall not consider any additional tenus or conditions submitted
by a respondent, including any appearing in documents attached as part of a respondent's
response. In submiUing its response, a respondent agrees that any additional terms or
conditions, whether submitted intentionally or inadvertently, shall have no force or effect.
Failure to comply "ith terms and conditions, including those specifying infonnation that
must be submitted with a response, shall be grounds for rejecting a response.
S, Questions. Respondents shall address all ql.lestions regarding this solicitation to the
Procurement OfficeL Questions must be submitted via the Q&A Board within
MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date
reflected on the Timcline. Questions shall be answered in accordance with the TimeIJne.
All questions submitted shall be published and answered in a manner that all respondents
will be able to view. Respondents shall not contact any other employee of the Buyer or
the State for information with respect to this solicitation. Each respondent is responsible
for monitoring the MyFloridaMarketPlace site for new or changing information. The
Buyer shall nol be bolllld by any verbal infonnation or by any written infonnation that is
not contained within the solicitation documents or formally noticed and issued by the
Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer
personnel shall not constitute fannal protest ofthe specifications or of the solicitation, a
process addressed in paragraph 19 of these Instructions.
6. Conflict of Interest This solicitation is subject to chapter 112 of the Florida Statutes.
Respondents shall disclose with their response the name of any officer, director,
employee or other agent who is also an employee of the State. Respondents shaH also
disclose the name of any State employee who Olims, directly or indirectly, an interest of
five percent (5%) or more in the respondent or its affiliates.
PUR 1001(3/04) Page 2 of 6
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. ..~ .... . .. ... ,-- ".-. ...- .-" ..... , . """,'."~- - --.,..- "'---". .....". .
7. Convicted Vendors. A person or affiliate placed on the convicted vendor list
following a conviction for a public entity crime is prohibited from doing any of the
following for a period of 36 months from the date of being placed on the convicted
vendor list:
. submitting a bid on a contract to provide any goods or services to a public entity;
. submitting a bid on a conlr".lct with 2. public entity for the construction or repair of
a public building or public work;
. submitting bids on leases of real property to a public entity;
. being awarded or performing work as a contractor, :supplier, subcontractor, or
consultant under a contract with any public entity; and
. transacting business with any public entity in excess of the Category Two
threshold amount ($25,OOO) provided in section 287.017 ofthe Florida Statutes.
8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor
list pursuant to section 287.134 of the Florida Statutes may not:
. submit a bid on a contract to provide any goods or services to a public entity;
. submit a bi d on a contract with a public entity for the construction or repair of a
public building or public work;
. submit bids 011 leases of rea! propeliy to a public entity;
. be awarded or perform work as a contractor, supplier, sub-contractor, or
consultant under a contract \>I'ith any public entity; or
. transact business with any public entity.
9. Respondent's Representation and Authorization. In submitting a response, each
respondent understands, represents, and acknowledges the following (if the respondent
cannot so certify to any of following, the respondent shall submit with its response a
written explanation ofwby it cannot do so).
. The respondent is not currently under suspension or debarment by the State or any
other governmental authority.
. To the best of the knowledge of the person signing the response, Ihe respondent,
its affiliates, subsidiaries, directors, officers, and employees are not currently
under investigation by any governmental authority and bave not in the last len
(IO) years been convicted or found liable for any acl prohibited by law in any
jurisdiction, involving conspiracy or collusion with respect to bidding on any
public contract.
. To the best of the knowledge of the person signing the response, the respondent
has no delinquent obligations to the State, including a claim by the State for
liquidated damages under any other contract.
. The submission is made in good faith and not pursuant to any agreement or
discussion with, or inducement from, any finn or person to submit a
complementary or other noncompetitive response.
. The prices and amounts have been arrived at independently and without
consultation, communication, or agreement with any other respondent or p01ential
respondent; neither the prices nor amounts, actual or approximate, have been
PUR 1001(3/04) Page 3 of6
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"h"'""'."" ...."oocn..",,"" .. ,_~. .
disclosed to any respondent or potential respondent, and they will not be disclosed
before the: solicitation opening.
. The respondent has fully informed the Buyer in writing of all convictions of the
firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and
all directors, officers, and employees of the firm and its affiliates for violation of
state or federal antitrust laws witb respect to a public contract for violation of any
state or federal law involving fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This includes disclosure of
the names of current employees who were convicted of contract crimes while in
the employ of another company.
. Neither the respondent nor any person associated with it in the capacity of owner,
partner, director, officer, principal, investigator, project director. 1illIIIager,
auditor, or position involving the administration offedernl funds:
0 Has within the preceding three years been convicted of or had a civil
judgmenr rendered against them or is presently indicted for or otherwise
criminally or civilly charged for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or perfonning a federal, state,
or local government transaction or public contract; violation of federal or state
antitrust statutes; or conunission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving
stolen property; or
0 Has within a three-year period preceding this certification had one or more
federal, state, or local government contracts terminated for cause or default.
. The product offered by the respondent wi]] conform 10 the specifications without
exception.
. The respondent has read and understands the Contract terms and conditions, and
the submission is made in confonnance with those tenus and conditions-
. If an award is made to the respondent, the respondent agrees that it intends to be
legally bound to the Contract that is fanned with the State.
. The respondent has made a diligent inquiry of its employees and agents
responsible for preparing, approving, or submitting the response, and has been
advised by each of them that he or she has not participated in any communication,
consultation, discussion, agreement, collusion, act or other conduct inconsistent
willi any of1he statements and representations made in the response.
. The respondent shall indemnify, defend, and hold hannless the Buyer and its
employees against any cost, damage, or expense which may be incurred or be
caused by any error in the respondent's preparation of its bid.
. All information provided by, and representations made by, the respondent are
material and important and will be rclied upon by the Buyer in awarding the
Contract. Any misstatement shall be treated as fraudulent concealment from the
Buyer of the true facts relating to submission of the bid_ A misrepresentation
shall be punishable under law, including, bul not limited. to, Chapter 817 of the
Florida Starutes.
10. Performance Qualifications. The Buyer reserves the right to investigate or iIlspect
at any time \.vhether the product, qualifications, or facilities offered by respondent meet
PUR 1001(3/04) Page 4 of6
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...... "..,,-
the Contract requirements. Respondent shall at all times during the Contract term remain
responsive and responsible. Respondent must be prepared, if requested by the Buyer, to
present evidence of experience. ability, an.d financial standing, as well as a statement as
to plant, machinery, and capacity of the respondent for the production, distribution, and
servicing of the product bid. lfthe Buyer detennines that the conditions of the solicitation
documents are not complied with, or that the product proposed to be furnished does not
meet the specified requirements, or that the qualifications, financial standing, or facilities
are not satisfactory, or that performance is untimely, the Buyer may reject the response or
terminate the Contract Respondent may be disqualified from receiving awards if
respondent, or anyone in respondent's employment, has previously failed to perform
satisfactorily in connection with public bidding or contracts. This paragraph shall not
mean or imply that it is obligatory upon the Buyer to make an investigation either before
or after award of the Contract, bllt should the Buyer elect to do so, respondent is not
relieved trom ful1illing all Contract requirements.
11. Public Opening, Responses shall be opened on the date and at the location indicated
on the Timeline. Respond~llls may, but are not required to, attend. The Buyer may
choose not to announce prices or release other materials pursuant to s. 1l9.07(3Xm),
Florida Statutes. AJiy person requiring a spec.ial accommodation because of a disability
should contact the Procurement Officer at least five (5) workdays prior to the solicitation
opening. If you are hearing or speech impaired, please conlact the Buyer by using the
Florida Relay Setvice at (800) 955.8771 (TDD).
12. Electronic Posting of Notief of Intended Award. Based on the evaluation, on the
date indicated on the Timeline the Buyer shall electronically post a notice of intended
award at h1to://fcn.state.f1.uslowa. vbs/owalvbs www.main menu. If the notice of award
is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of
the delay and a revised date for posting the notice of intended award. Any person who is
adversely affected by the decision shall file with the Buyer a notice of protest within 72
hours after the electronic posting. The Buyer shall not provide tabulations or notices of
award by telephone.
13. Firm Response. The Buyer may make an award within sixty (60) days after the date
of the opening, dluing which period responses shall remain firm and shall not be
withdrawn. If award is not made within sixty (60) days, the response shall remain fIrm
until either the Buyer awards the Contract or the Buyer receives from the respondent
written notice that the response is withdrawn- Any response that expresses a shorter
duration may, in the Buyer's sole discretion, be accepted or rejected.
14. ClarificationsfRevisions. Before award, the Buyer reserves the right to seek
clarifications or request any information deemed necessary for proper evaluation of
submissions from all respondents deemed eligible for Contract award. Failure to provide
requested iniormation may result in rejection of the response.
15. Minor Irregularities/Right to Reject. The Buyer reser/es the right to accept or
reject any and all bids, or separable portions thereof, and to waive any minor irregularity,
PUR 1001(3/04) Page 5 of6
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.....".,....e',."....c..
technicality, or omission if the Buyer determines that doing so will serve the State's best
interests. The Buyer may reject any response not submitted in the manner specified by
the wlicitation documents.
16. Contract Formation. The Buyer shall issue a notice of award, if any, to successful
respondent(s), however, no contract shall be formed between respondent and the Buyer
lUltil the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by
a respondent in preparing or producing its response or for any work perfonned before the
Contract is effective.
17. Contract Overlap. Respondents shall identify any products covered by this
solicitation that they are currently authorized to furnish under any state term contract. By
entering into the Contract, a Contractor authorizes the Buyer to eliminate duplicati.on
between agreements in the manner the Buyer deems to be in its besl interest.
18. Public Records. Florida law generously defines what constitutes a public record;
see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its
response contains information that should not be a public record, the respondent shall
clearly segregate and mark that information (for example, placing the material in a
separate electronic file, and including the word "Confidential" in the filename) and
briefly describe in writing the grounds for claiming exemption from the public records
law, including lhe specific statutory citation for such exemption.
19. Protests, Any protest concerning this solicitation shall be made in accordance with
sections 120.57(3) and 287_042(2) of the Florida Statutes and chapter 28-110 of the
Florida Administrative Code. Questions to the Procurement OfflCer shall not constitute
fonnalllotice of a protesL It is the Buyer's intent to ensure that specifications are written
to obtain the best value for the State and that specifications are written to ensure
competitiveness, fairness, necessity and reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Cude require that a
notice of protest of the solicitation documents shall be made within seventy-two hours
after the posting of the solicitation.
Section 120.57(3)(a), F .S. requires the following statement to be included in the
solicitation: "failure to file a protest within the time prescribed in section 120.57(3),
Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida
StaOites."
Section 28-110.005, Fla. Admin. Code requires the following statement to be included in
the solicitation: "failure to file a plot est within the time prescribed in Section 120.57(3),
Florida Statutes, or failure to post the bond or other security required by law within the
time allowed for filing a bond shall constib1te a waiver of proceedings under Chapter
120, Florida Statules."
PUR 1 001(3/04) Page 6 of6
- 289 -
2.00 Special Instructions to Respondents
2.01 Definitions.
"System" means the State's MyFloridaMarketPlace eProcurement system.
See the General Contract Conditions (PUR Form 1000) for definitions of "Contract," "Customer,"
"Product" and ..Purchase order."
See the General Instructions to Respondents (PtJR Form 100]) for definitions of"Bllyer," .'Procurement
Officer," Respondent," "Response" and "Timeline."
2.02 GenenJ IWitruction.
The Respondent shall read all of the solicitation documents and comply with all specified requirements.
Refer ALL lnquiries to:
David A. Bennett
Purchasing Analyst, State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 370
Tallahassee, FL 32399-0950
(850) 921-4072
(850) 488-5498 (facsimile)
bennetd(aldms .state. t1. u s
2.03 Terms and Conditions.
All responses are subject to the terms of the following sections of these solicitation documents, which, in
case of conflict, shall bave the order of precedence listed: Special Instructions to Respondents (Section
2); Technical Specifications (Section 3); Special Conditions (Section 4); General Contract Conditions
(PUR Form 1000) and General Instmctions to Respondents (PUR Form 1001). The Department of
Management Services (Department) may consider any additional terms or conditions submitted by a
Rt:t\pondellt, including any appearing in documents attached as part of a Respondent's response. In
signing Bnd submitting its response, a Respondent agrees that any additional terms or conditions,
whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with
the terms and conditions, including those specifying information that must be submitted with a response,
shall be grounds for rejecting a response.
2.04 Eligible Users of Contract.
All Florida government entities are considered Eligible Users of the Fuel Card Services contract. This
includes, but is not limited to, the Executive Brauch, Legislative Branch, Judicial Branch, K-12,
universities, community colleges, counties, cities, and other emities approved by the Department of
Management Sen'ices. V{ith the consent of lhc successful Respondent, purchases may be made und(:r
the terms and conditions ofrhis solicitation by governmental entities located outside thc State of florida.
Fuel Card Services Contract 973-163.06-] Page I of9
Section 2.00; Speciallnstrnctions to Respondents
- 290 -
Appropriate governmental entities' purchasing Jaws, rules and regulations shall apply to purchases made
under this COl1tract. Also, with the consent of the successful Respondent, purchases may be made under
the terms and conditions of this solicitation by vendors providing corrunodities and contractual services
to Eligible Users, under The condition that Fuel Card Services are being used in the delivery of
commodities and contractual services to Eligible Users.
2.05 Who May Re5pond.
The Department will accept responses from Fuel Card Service providers satisfying the Technical
Specifications (Section 3). Respondents must be fun-service organizations capable of providing,
documenting and managing Fuel Card Services for all Users in the State of Florida.
The Department retains the right to request additional infoffilation pertaining to the Respondent's ability
and qualifications to accompTi~h all services described in this ITN as deemed necessary during the ITN
or after contract award. Failure to supply this information if requested may result in
disqualification of your response.
2.06 MyFJoridaMarketPlace ITN Overview.
The Department uses the MyFloridaMarketPlace system 10 receive bids electronically, See "Section 3"
of the General Instructions (PV'R 1001) for more detail.
2.07 MyFloridaMarketPlace Sourcing Tool Tips.
When working in the Sourcing tool, be aware of the twenty minute time-out function in the tool. This
means that you should save your work (click the SA VB button) at intervals of less than twenty mlllUles
to ensure your entries since you last saved are not lost.
Please note that clicking the SAVE button within the Sourcing 1001 only saves your ITN responses. The
SAVE button does not transmit your JTN response to the State. In order to transmit your !TN
response to the Stale, yau must click the SUBMIT button on the SUMMARY page of the ITN response.
After clicking the SUBMIT button, it is the Respondent's responsibility to check any submined. response
within the Sourcing tool to verify that the response is accurately and completely captured within the
Sourcing tool. Respondents must do this while there is sufficient time remaining in the Solicitation
period in the event you discover an error and need to resubmit a revised response.
To validate your response, you should do the following before the Solicitation period ends:
_ Go to My Responses tab within Sourcing tool after you submitted your response
_ Cli~k on the Response ID number of your last submitted response
_ Review your response to make sure all responses are complete, accurate and as you intended.
Minimum areas to check are:
. Text boxes - Is your entire answer viewable?
. Yes/No questions -Is the displayed answer correct?
Fuel Card Services Contract 973-163-06-1 Page 2 of9
Section 2.00: Special Instructions to Respondents
- 291 -
. All uploaded document files / scanned documents - Can you open attached document and clearly
view entire content?
. Pricing Information - Are all prices you intended to submit visible and accurately captured
within Sourcing tool?
. Required Items - Are all items completed as required within the Sourcing 1001?
It is strongly reeommended that you do not wait untillhe last minute to upload and validate your
response to this or any solicitation.
2.08 ElOail Notification.
Respondents are reminded thaI the Sourcing tool's email notifications are an option provided as a
courtesy. The State of Florida is not under any obligation and does not guarantee that Respondents will
receive emaiJ notifications concerning the posting. amending or closing of lTNs. Respondents are
responsible for checking the MyFlorida1Y.1al'ketPlace Sourcing tool andlor the Vendor Bid System for
information and updates concerning this !TN.
2.09 MFMP Sourcing Tool Training for Respondents.
.<\n optional conference call training session on how to use the MyFloridaMarketPlace Sourcing Tool for
this 1m is scheduled on the date indicated on the Event Calendar.
Please go to:
httD://marketolace.mvflorida.com/vendor/vendoI solicitation/rro event user fluide:ODS and
review the vendor training link and download the document. Please have this document open on
your desktop while participating on the call. To participate in the conference call, please call in
to the number provided approximately I minute before the scheduled time.
Additionally, an On-Demand web.based interactive training application to learn how to respond
to an event using the MyFJoridaMarketPlace sourcing tool is also available. This is another
vehicle to receive training on how to use MyFloridaMarketPJace Sourcing tool if you cannot
make the Optional training conference call or want additional guidance. The link is
htto:!/rnarketplace.mvilorida.comlvendorivendor rraininlZ.htrn click on Responding to Sourcing
Event.
2.10 Ordering Instructions.
Ordering Instructions included in the sourc.ing tool shaH identify persons responsible for answering
questions about the Response and administering the resulting Contract and shall provide infonnation
necessary for placing orders lmder the Contract.
2.11 Amendments to the Solicitation Documents.
The Department reserves the right to issue amendmems to thc solicitation. Notice of any amendment
will be posted within MyfloridaMarketPlace using the message board and the Vendor Bid System_ Such
notice, if required. will contain the appropriate details for identifying and/or reviewing the fonnal
Fuel Card Services Contract 973-163-06-1 Page 3 of9
Section 2.00: Special Instructions to Respondents
- 292 -
",_.. .........." '"<"
changes to the solicitation. Each Respondent is responsible for monitoring the sites for new or changing
information concerning this solicitation.
2.12 Questions & Answers-.
Respondents shall examine this solicitation to determine if the Department's requirements are clearly
stated. If there are any requirements which are unclear or may restrict competition, Respondents should
submit notice to the Department during Stage] using the Sourcing tool's Q&A Board by due date tor
Respondents to submit questions listed in the Event Calendar. Do not contact the purchasing Analyst or
Customers directly. Within the submitted question, Respondents must do the following:
1. [dcntify and describe in detail their difficulty in meeting the Department's specifications
2. Pro.ide detailed justification for a cbWlge
3. Provide rcooromended changes to the specifications
A Respondent's failure to request changes by the date described in the Introduction (Section 1) of this
solicitation shall be considered to constitute Respondeat's acceptance of the Department's
specifications_ The Department shall determine wbat changes to the solicitation shall be acceptable to
the Department, if any. If required, the Department shall issue an addendum reflecting the acceptable
changes to this solicitation, which shall be posted as an addendum to the solicitation in the Sourcing too!
and on the State's Vendor Bid System in order that all Respondents shall be given the opportunity of
submitting responses to the same specifications.
Please nOle that question:; will NOT be answered via telephone or fax. The Department shall post the
answers to the questions via the System by the date stated on the Event Calendar. Each Respondent is
responsible for monitoring the System for new or changing information. New communications will be
posted within me Message Center on the System. The Depar1ment shall not be bound by any verbal
information or by any written information that is not either contained within the soiicitation documents
or fonnally noticed and issued by the Purchasing Analyst. Questions shall not constitute formal protest
of the specifications or of the solicitation. The formal protest process is described in PUR Forro 100 I
(Section 19) of this solicitation.
2.13 Execution of Response.
The response shall include all appropriate forms located within the MyFloridaJ\i(arketPlace Sourcing tool
RFX Info Section. Requested question responses location choices and pricing shan be entered
electronically in the MyFloridaI\ofarketPlace tool during Stage ] and 2 of this solicitarion as indicated.
Failure to provide all requested inforrn.3tion within the response package may result in rejection of the
response.
2.14 Submittal of Response.
Respondents will submit their response via the MyFloridaMarkelPlace Sourcing tool in the System. In
the event a Respondent submits more than one response, only the last response received by the system
shall be considered for award. Responses not submitted within the System shall be rejected. Each
Respondent is responsible for ensuring that its response is submitted at the proper time. The Department
shaIJ not consider late responses and the System will NOT accept responses after the due date and time
specified in the Event Calendar or as amended by the Department. RESPONSES MUST .BI!:
SUBMITTED IN THE MYFLORIDAMARKETPLACE SOURCING TOOL BY THE DATE
SPECIFIED ON THE EVENT CALENDAR
Fuel Card Services Contract 973-163-06-1 Page 4 of9
Section 2.00: Spc:ciaL InstT1lClions to Respondents
- 293 -
-........-..,.,. .....
2.15 Firm Responses.
The Department may make an award within six (6) months after the date of response opening, during
which period responses shall remain fiun and shall not be withdrawn. If award is not made within six
(6) months, a response shall remain finn until either the Department awards the Contract or the
Department receives from the Respondent written notice that the response is withdrawn. Any response
that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected.
2.16 Response Opening and Electronic Posting of Notice ofIntended Award.
Responses shall be opened on the dates indicated in the Event Calendar and thereafter evaluated.
Respondents may, but are not required to, attend. Prices will not be read, pursuant \0 section
119.07(3)(m) of the Florida Starutes. After review, the Department shall electronically post a notice of
intended award at: http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu.
If the award is delayed, in lieu of posting the notice on the date indicated on the Event Calendar, the
Department shall post a notice of the delay and a revised date for posting the notice of intended award.
Any person who is adversely affected by the decision shall file with the Department a notice of protest
within 72 hours after the electronic posting (see PUR Form 1001. Section 19, ofmis solicitation). The
Department shall not provide response rankings or notices of award by telephone.
2.17 Contract Formation,
No contract shall be formed between Respondent and the Department until the Department signs the
Contract. The Departmem shall not be liable for any costs incurred by a Respondent in preparing or
producing its response or fOT any work performed before the Contra-.:t is effective.
2.18 Special Accommodation,
Any person requiring a special accommodation at State Purchasing because of a disability should call
State Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If you are
hearing or speech impaired, please contact State Purchasing by usil1g the Florida Relay Service at (800)
955-8771 (TDD).
2.19 Contact Information.
Respondents shall identify the person responsible for establishing and adminislering specific agreements
with Eligible Customers under the tenus of this Contract in the Contact Person section of the
MyFloridaMarketPlace RFX Info Section,
2.20 Reservations.
The Departm<;:nt reserves the right to reject any and an Responses received pursuant to this Invi.tation to
Negotiate, if the Department deteunines such action is in the best interest of the Stare of Florida or the
Department. The Department reserveli the right to negotiate concurrently or separately with competing
Respondents. The Department reserves the right 10 accept portions ofa competing Respondent's Responses
and merge such portions into one project, including the inclwlon of the entity offering such portions. The
Department reserves the right to waive minor irregularities in submitted Responses.
Fuel Card Services Contract 973- .163-06-1 Page 5 of9
Section 2.00: Special Instructions to Respondent.>
- 294 -
.., . ".," -"".'.
2,21 Oral Presentation.
The Department reserves !he right to require any Provider to perform, prior to the selection of Provider(s), an
operational demonstration and, an om.! presentation on any hardware, software or professional seIVices included in its
Response. If tht: Ikpartment determines that an operational demonstration and oral presentation are necessary, the
Department shall schedule the pre:sentation
A written summary of the operational demonstration and oral presentation prepared by the Provider shall be regarded
as confumation of this requirtrnent and shall become part of the Respondent's response. A list of attendees and
copies of the Hgenda and all visuals should accompany the written sumnmy. The inability of the Respondent to
conduct the operational demonstmtion and ora1 presentation within ten (l0) days of written notification by the
Department will result in disqualification. The Provider(s) project manager(s) assigned to this Response must be
present at the operational de;nonstmtion and oral presentatiOI1-
2.22 Disclosure of Response Contents.
All documentation produced as part of the Invitation to Negotiate will become the exclusive property of tlle
Deputrnent and may not be removed by m employee or agent of the Respondent. All Responses received from
Respondents in response to this Invitation to Negotiate win become the property of the Department and ""ill not be
returned to tile Respondent. The Department shall have the right to use any or all ideas or adaptations of the ideas
presented in any Response nx:eived in response to this Invitation to Negotiate. Selection or rejection of a Response
will not affect this right.
2.23 Financial Information,
The Respondent shall provide infonnatioll detailing its financial position as well as the financial position of
any related companies. At a miliimillll, the infOImation shall include the most recent audited financial
statements, in accordance with Generally Accepted AccoWlting PrirK:iples and not be more than twelve
months old. The most recent available Dunn and Bradstreet or eqllivalent reports on the Respondent, its
partners, and sub-contractors shall be provided.
2.24 State Objectives (rev. 07/28/04).
Within thirty (30) calendar days following award of the contract, the successful bidder shall submit
plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the
items/services covered by this solicitation.
1) One Florida Initiative: Florida is a state rich in its diversity. Governor Bush's One Florida Initiative
is dedicated to fostering the continued de..'elopmcnt and economic growth of small and minority and
women-owned businesses. Central to this initiative is the participation of a diverse group of vendors
doing business with the srate.
To this end, it is vita] that minority and women,owned business enterprises participate in the State's
procurement process as both prime contractors and subcontractors under prime contract<;. Small and
minority and women-owned businesses are strongly encouraged to submit replies to this solicitation.
To track the success of the One Florida lnitiativc, which has achieved substantial gains in ex,ending
opportunity to minority- and women-owned businesses, the State of Florida maintains data to establish
Fuel Card Services Contract 973-163-06-1 Page 6 of9
Section 2.00: Special Instructions to Respondents
- 295 -
.. .. ,.n .",-.'-" "'''.','' , ...."....
benchmarks from which to measure supplier diversity in State contracting. Vendors who contract with
the state are obligated to provide information related to the use of minority- and women-owned
businesses and subcontractors.
The Contractor shall submit documentation addressing the Governor's One Florida Initiative and
describing the efforts being made to encourage the participation of small and minority and wornen-
owned busines..,es. Please refer to the Governor's "Equity in Contracting Plan" when preparing this
documentation:
hUD :/IW\vw.oneflorida.orwrn vt1ori.daJ governmentl govemorinitiatives/one fl oridalequity contract
ing.html
Equity in Contracting docwnentation should identify any participation by diverse contractors and
suppliers as prime contractors, sub-tontractors, vendors, rescUers, distributors, or such other
participation as the parties may agree. Equity in Contracting documentation shall include the timely
reportiI)g of spending with certified and other minority busin~s enterpnfle3. Such reports must be
submitted at least quarterly Wld include the period covered, the name, minority code and Federal
Employer Identification Number of each minority vendor utilized during the period, commodities and
services provided by the minority business enterprise, and the amount paid to each minority vendor on
behalf of each purchasillg agency ordering under the terms of this contract.
2) Environmental Considerations: The State supports and encourages initiatives to protect and
preserve our environment. The Contractor shall submit !IS part of any proposal the Contractor's plan to
support the procurement lIf products and materials with recycled conlent, and me intent of Section
287.045. Florida Statutes. The Contractor shaII also provide a plan for reducing and or handling of any
hazardous waste generated by Respondent company. Reference Rule 62-730.] 60, Florida
Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a
generator of hazardous waste materials that ex:ceeds a certain threshold must have a valid and current
Hazardous Wastt:: Generator Identification Numbe:r. This identification number shall be submitted as
part of Respondent's explanation of its company's hazardous waste plan and shall explain in detail its
handling and disposal of this waste.
3) Certificati!JD of Drug-Free Workplace Program: The State supports and encourages initiatives to
keep the workplaces of Florida's suppliers and contractors drug free. Section 287,OH? of the Florida
Statutes provides that, where identical tie proposals are received, preference shall be given to a proposal
received from a Respondent that certitles it has implemented a drug-free workforce program. If
applicable, Respondent shall certify that the Respondent bas II drug-free workplace program. The
Contractor shall describe how it wiJl address the implementation of a drug free workplace in offering the
items of bid.
4) Products Available from the Blind or Other Handicapped (RESPECT):
The State supports and encourages the gainful employment of citizens with disabilities. It is expressly
understood and agreed that any articles that lire the subject of, or required to carry out, this contract shall
be purchased frorn a nonprofit agency for the blind or for the severely handicapped that is qualified
pursuant to Chapter 413, Florida Statutes, in the same manner and under t.1e same procedures set forth in
Section 413.036( I) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other
business entity carrying out the pro':isions of this contract shall be deemed to be substituted for the state
Fuel Card Services Contract 973-163-06-] Page 70f9
Section 2.00: Special Instructions to Respondent';
- 296 -
agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information
about the designated nonprofit agency and the products it offers IS available at
hltO:/ I www.respectoffIorida.org.
The Contractor shall describe how it will address the use of RESPECT in offering the items of bid.
5) Prison Rebabilitative Industries and Diversified Enterprises, Inc. (PRIDE):
The State supports and encourages the use of Florida correctional work programs. It is expressly
understood and agreed that any articles which are the subject of. or required to carry QUI, this contract
shall be purchased from the cOlporation identified under Chapter 946, F.S., in the same manner and
under the same procedures set forth in Section ~(2), and (4), F.S.; and for purposes of this
contract the person, finn, or other business entity carrying out the provisions of this contract shall be
deemed 1.0 be substituted for this agency insofar as dealings with such corporation are concerned.
Additional information about PRIDE and the products it offers is available at htto:/!wWVI.pridefl...:om.
"lbe Contractor shall describe how it will address the use of PRIDE in offering the items of bid.
:2.25 Response Evaluation and Selection Process,
A. In determining whether to select or reject a Response, the Department will consider and balance all
information submitted in response to this ITN, including information presented dwing oral
presentation; and to ulis extent, each requirement [or solicited infonnation is an evaluation criterion,
Responses that do not contain all the required infonnation will be considered non-responsive and
will be rejected. In its a5sessment of submitted Responses, the Department will analyze the
infl.lIIIllition submitted in relation to the information requirements and evaluation criteria of this 1TN,
the applicable provisions of the Florida Statutes, and the Florida Administrative Code, and will
compare each Response to the other Responses submitted and rank those Responses that are
responsive and responsible. The Department may then select one or more Responses for further
consideration, or may reject all Responses.
B. Selected Provider(s) will be invited to provide more detailed clarifications of their Responses, to
provide interactive presenlations of the Responses, and to enter into preliminary negotiations with
the Department. Based on the clarifications. presentations, and preliroirmy negotiations, the
Department will further evaluate each of the selected Responses by major category and solution
component areas consistent with the ITN.
e The Department may then, after ranking each ofthe major category and solution components, select
the lIlost-worthy components lor further negotiations, or the Department may reject all Responses.
The Department reseIVeg the right to accept components of competing Responses and merge such
components into one project.
D. Based on the Response evaluation process and the clarification and preliminary negotiation process,
the Department will enter into negotiations starting with the best-ranked Provider and may select
components from different Responses to achieve the best solution for the Department and the State.
The focus oflhe negotiations will be on achieving the best, most cost.effective, reliable, and efficient
solution. The Departmenl reserves the right to negotiate conctL.-rently or separately with competing
Provider( s).
Fuel Card Services Contract 973-163-06-1 Page 8 of9
Section 2_00; Special Instructions ro Respondents
- 297 -
2.26 Evaluation Criteria for Stage 1.
A. Respondent's Business History, Experience, and Organization-
I. Experience of the Respondent and the extent to which the Response illustrates the Respondent's
project UIldeffitanding, and prior experience (both government and non-government) for
projects similar in type, size, and complexity as the Florida Fuel Card Services Program.
2. The Respondent's ability demonstrated through its organization, its technical and managerial
qualifications and skills, the staffing level proposed, its facilities, and oilier resources available
to satisfy the Florida Fuel Card Services Program and application service requirements
proposed.
B. Respondent's Solution and Response to D'N-
L The extent to which the Response presents a comprehensive, coherent, consistent, and workable
plill1 for timely deploying the Florida Fuel Card Services Program consistent with the
requirements ofthi.s !TN, induding an assessment of the deliverablcs and services proposed.
2. The capability, reliability, and wc"ability of the technology (hardware and software) proposed
for the Florida Fuel Card Services Program.
3. An lltisessment of the Response's implementation long-term (five year minimum) operation,
maintenance, training and management program for the Florida Fuel Card Services Program.
C. Retailer Acceptance (Fuel Card CO'lerage)-
1. Provide a list of all Retailers who accept your card. This list should provide sufficient
coverage of Fuel Retailers accepting the Fuel Card in the State of Florida. Separate and
identify Retailers by type oflleet: Vehicle, Marine and Ai.rcraft.
2. Provide a list of all alternative fuels retailers who accept your card.
3. Provide your company's process for adding new Fuel Retailers, to include Alternative Fuel
Retailers, for each type of fleet.
2.27 Evaluation Criteria for SUge 2.
Evaluation Criteria for State 2 will be provided prior to Stage 2.
Fue! Card Services Contract 973-163-06-1 Page 90f9
Section 2.00: Special Instructions to Respondents
- 298 -
3.00 Technical Specifications
Contents
3.01 DefmitiollS
3.02 Scope ofWark
3.03 Fuel Card Services Minjmum Requirements
Fuel Card
Fuel Card Retailer Acceptance
Fuel Costs
Immediate Use Vehicle Accessories
Eligible User Accounts
Fuel Card Reader Equipment at State and Eligible User Sitc~
3.04 Fuel Markup
Decrementa! Fuel Markup
Fuel Districts
Fuel Locations
Optional Fuel Product Management at State and Eligible User Sites
3.05 Fuel Specifications
3.06 Contract Deliverables
Emergency Plan
Project Management Professional Certification
Implementation Plan
Training Plan
Marketing/Outreach Plan (to include other Eligible Users)
Conference Room Pilot (requirements Gathering)
Minori ty Reports
District Map
3.01 Definitions.
"Agency Agreement" is the established agreement between the Eligible User and the
Contractor, using this Contract.
"Fuel" shall mean any Fuel product obtained through use of the Fuel Card. Fuel product shall
include all grades of unleaded gasoline (unleaded; unleaded plus or mid-grade; and premium or
super unleaded) and fuel oil (on road diesel and off road diesel) to be used in State <md Eligible
User vehicles and equipment where Fuel monitoring requirements are necessary.
Fuel product may also include gasoline and fuel oil used in State and Eligible User Marine Fleets
and/or Aircraft Fleets at Marinas and/or Airports where the Conuactor's Fuel Card is accepted.
When the State deems necessary, Fud product may also include alternative Fuels in certain areas
of the State ofFlorida where available.
"Fuel Card" shall mean the card issued to St~te and Eligible Users for the purchase of fuel and
Immediate Use Vehicle Accessories.
Fuel Card Services Contract 973-163-06-1 Page I of 10
Section 3.00: Technical Specifications
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..,... "."."..,......."....."" .w,...
"Fuel Card Services" shall mean providing services as described in chis solicitation and as
established in the Contract, ifany.
"Fuel District" shall mean the districts as identified in the Appendix included in this section of
the solicitation documents, entitled District Map, and as more particularly detailed in section
3.04.
"Fuel Locations" shall mean the type of locations where Fuel is available, as more particularly
detailed in section 3.04.
"Immediate Use Vehicle Accessories" shall mean any commodity and/or service, other than
fuel. These conunodities ami/or services mll:lt be installed and/or performed on the Eligible
User's vehicle Br the time of purchase.
"Fuel Markup" shall mean the Contractor's price to cover.all costs associated with providing
Fuel Card Services for the purchase of fue! product only, and as more particularly detailed in
section 3.04.
"OPIS" shall mean the Oil Price Infonnation Service, an industry benchmark for pricing Fuel.
3.02 Scope of Work.
This Contract is to provide a Fleet fuel Card program for Vehicle Fleets owned by state agencies
and Eligible Users in the State of Florida. This will include the purchase of Fuel and any
commodity and/or service for immediare me by the Eligible User to maintain daily operation of
their vehicle fleet. Also, the Fuel Card may be used at Marinas and/or Airports as allowed for
Marine Fleets and/or Aircraft Fleets. The Department seeks to improve quality and efficiency of
services delivered, improve Eligible User services and reduce cost.
3.03 Fuel Card Services Minimum Requirements.
Fuel Card Services will be available to all Eligible Users in the State of Florida. The Contractor
will providE': a Fuel CBrd that is accepted at Fuel Locations throughout the State of Florida for the
purchase of Fuel and Immediate Use Vehicle Accessories. Services shall also include
conunodities and services to be used during emergency situations as described and priced within
this contract's Emergenc}' Plan. The Contractor w.ill provide a detailed description of all Fuel
Card Services available to the State and Eligible Users. SelYices shall also include, but not
limited to, purchasing controls, reporting options, Jevel 3 detailed transactions, online Eligible
User access for reporting purposes and account management, billing and payment options, etc.
Contractor shall provide the following, but not limited to, Fuel Card Services:
. Fuel Card
0 Issuance and shipping second day mail, by 2pm EST, of Fuel Cards to Eligible Users will
be at the Contractor's expense. This includes additional and replacement cards as
requi.ed.
0 Fuel Cards will be used for the purchase of Fuel Wld Immediate Use Vehicle Accessories.
Eligible Users will be respunsible fOf serring Fuel Card restrictions.
0 Detailed reports will be sent with the Eligible User', invoice. The Eligible User will
define the r~qujred detail ofthesc reports.
0 Ability to issue an access number or PIN number for security purposes.
Fuel Card SeLVices Contract 973-[63-06-1 Page 2 of I 0
Section 3.00: Technical Specifications
- 300 -
...... ..,..... ... ...... -,,,,.,.. -.-..
0 The Fuel Card Vendor shall provide the Eligible User's tax exempt 10 number with the
fuel card at no cost to the Fuel Card Program Eligible Users.
. Fuel Card Retailer Acceptance
0 The Fuel Card is built on the Master Card platform and shall be accepted at all location
accepting Master Card for the purposes describe within this contract.
a Contractor will provide the State with their process for adding new Fuel Retailers for all
fleets.
. Fuel Costs
0 Fuel costs for Vehicle Fleets in each Fuel District will be determined based on the OPIS
Weekly Newsletter terminal average Fuel price for the Fuel product purchased plus the
Contractor's Fuel Markup and all applicable taxes and/or petroleum associated fees
allowed. One Fuel lenninaJ is assigned to each Fuel District.
0 Fuel costs for Marine Fleets will be detennined based on cost plus the Contractor's Fuel
Markup and all applicable taxes and/or petroleum associale;:d fees allowed.
0 Fuel Cosls for Aircraft FIe.elS will be detennined based cost plus the Contractor's Fuel
Markup and all applicable taxes and/or petroleum associated fees allowed.
0 The Fuel price for the Fuel product purchased for Vehicle Fleets in each Fuel District will
apply to all counties listed in the Fuel District.
0 The Contractor's Fuel Markup shall con lain all costs associated wilh providing the Fuel
Card for the purchase of Fuel in each Fuel District, Marina and Airport.
0 All applicable taxes will be exempt from the Fuel costs. This tax exemption will be
excluded from the Fuel costs and disclosed on the Eligible User's invoice.
. Immediate Use Vehiclt! Accessories
0 The costs of Immediate Use Vehicle Accessories will not be included in determining the
Contractor's Fuel Markup.
0 Commodities may include, but not limited to, motor oil, transmission fluid, brake fluid,
windshield wiper blades, fuses, tires, etc. These commodities are for immediate use on
the Eligible User's vehicle at the time of purchase. These Commodities will be charged
at the Eligible User's negotiated price or at the Contractor's Fleet Management
discounted price, whichever is less. Commodity purchases outside of the State of
Florida may include applicable sales taxe~_
0 Services may include, but not limited to, car washes, vehicle maintenance, vehicle
repairs, lire service, towing etc. These services must be perfonned on the Eligible User's
vehicle at the time of purchase. These services will be charged at the Eligible User's
negotiated price or at the Contractor's Fleet Management discounted price, whichever is
less. Service purchases outside ofthe State of Florida may include applicable sales taxes.
. Eligible User Accounts
Fuel Card Services Contract 973-163-06-1 page3 of 10
Section 3.00: Technical Specifications
- 301 -
0 The Contractor ~hall provide an on-line Account Management system to Eligible Users.
These accounts shall be accessible on-line for day to day management and reporting
purposes.
0 The Contractor shaJJ provide Account Management Software and training to each
Eligible User. This software shall have the same functionality for all Eligibk Users and
should interface with the Contractor's on-line system.
0 If deemed necessary by the State, the Contractor shall provide programming, at no charge
to the State, for interfacing with the State's accounting system. Currently, the State is
using a legacy system called FLAIR. This system wilJ be replaced with a new sysJ;em
called Aspire based on the PeopleSo.ft system.
0 Other Eligible Users will negotiate interface programming, to provide compatibility with
their accounting system, with the Contractor as required.
0 The Contractor 'shall have an Eligible User service center that has full account
management services available between the hours of 7 a.m. and 6 p.m. EST. Monday
through Friday except for State holi~ys.
0 The Contractor shall have at [e<lst one Account Representative assigned to the State for
the management of the Contract.
. Fuel Card Reader Equipment at State and Eligible User Sites
0 Tnstallation of all equipment with Fuel Card reader -:apability will be at the request of the
State or Eligible User the cost of which shall be mutually agreed u[Xln between the
Eligible User and Contractor.
0 The Fuel Card reader shall capmre Fuel purchase data in the same manner as a Retailer.
0 The Contractor will be responsible for providing all equipment maintenance and software
updates as required. The Eligible User will be responsible for providing all electrical
connections and data transmission lines as required.
3.04 Fuel Markup.
The Contractor shall provide a Fuel Markup to cover all costs associated with the purchase of
Fuel products. Fuel Markups may differ by Fuel Districts. The Fuel Markup shall be on a price
per gallon basis. The Contractor shall assess no oLher fees associated with Fuel Card Services
other than those described within this contract. The costs of Immediate Use Vehicle
Accessories will not be included in determining the Contractor's Fuel Markup.
Fuel prices from OPlS are listed for terminals, by regions, in reports called a PAD Report. The
State of Florida IlSes terminals listed in the PAD 1 Report. The Fu~l Markup will be for the
selected terminals as posted in L'Ie PAD I report included in the OPlS Weekly Newsletter. The
OPTS average Fuel price will change each week and be in effect Monday through Sunday.
Fuel Markups will apply to the purchase of Fuel at Fuel Locations within each Fuel District,
Marina and Ailport. Fuel purchases within each fuel District will be invoiced at the same price
throughout the Fuel District in the same week. The Fuel Markup for Fuel shalT be based on a
price per gallon basis.
. Decremental Fuel Markup
Fuel Card Services Contract 973-163-06.1 Page 4 of]O
Section 3.00: Technical Specifications
- 302 -
. ",. .".--."," ,.."".-~-, .
The Comractor will submit Decremental Fuel Markups in each of the Fuel Districts that will
decrease as stated levels of Fuel volume are artained. Fuel volume is equal to the cumulative
total gallons afFucl purchased by State and Eligible Users for the entire term ofthe Contract.
As stated Fuel volumes are met, the Contractor's Decremental Fuel Markup will become
eITective accordingly. Fuel Markups and Decremental Fuel Markups will be submitted for
each Fuel District.
Decremental Fuel Markups will apply to the tollowing Fuel volumes:
0 20,000,000 gallons
0 40,000,000 gallons
0 60,000,000 gallons
0 80,000,000 gallons
DecrementaI Fuel Markups for Fuel volumes beyond those listed will be negotiated on an
annual basis.
. Fud Districts
The State will use Fuel Districts as the basis for determining Fuel costs for Vehicle Fleets
based on the following Fuel terminals as listed in tbe OPIS Weekly Newsletter PAD I
Report
Fuel District Fuel Terminal
Western District Bainbridge, GA
Northern District Iacksol1ViIle, FL
CenlTaI District Tampa, FL
Southern District Miami, FL
Out of State Closest Fuel Terminal
Fuel costs for State and Eligible User vehicles thaI travel outside of the State of Florida will
use the closest Fuel terminal as its basis for detennining Fuel cost as listed in the appropriate
OPIS Weekly Newsletter PAD Report.
Fuel costs for State and Eligible User Marine Fleets and/or Aircraft Fleets will use the closest
Fuel terminal as its basis for detennining Fuel cost as listed in the appropriate OPIS Weekly
Newsletter PAD Report. The Fuel price used will be the OPIS Weekly Newsletter terminal
average Fuel price for the Fuel product purchased plus the Contractor's Fuel Markup and all
applicable taxes ~lOdlor petroleum associated fees allowed.
. Fuel Locations
The Contractor will provide a single Fuel Markup to cover the purchase of Fuel for the
following Fuel Locations in each Fuel District as a basis for determining Fuel costs for
Eligible Users_ The Fuel Markup may be different in each of the Fuel Districts based on the
type oftleet referenced below:
.:) Vehicle Fleets - The following Fuel Location applies to State and Eligible User vehicles
and equipment where Fuel monitoring requirements are necessary- The Contractor shall
provide Fuel Markups for the following Fuel Locations.
Fuel Card Services Contract 973-163-06-1 Page 5 of 10
Sec,ion 3.00: Technical Specifications
- 303 -
.
Fuel costs for Vehicle Fleets in the Western, Northern, Central and Southern Fuel
Districts will have a single combined Fuel Markup for:
. Retailers - All Contractor approved retail fueling stations with Fuel Card reader
capability, Also, inGludes businesses that supply any commodity and/or service
obtained through use of the Fuel Card, other than Fuel.
. Eligible User Sites - State and/or Eligible User facilities that have equipment with
Fuel Card reader capability installed by the Contractor.
Fuel costs for Vehicle fleets traveling in the Out of State Fuel District will have a single
Fuel Markup for.
. Out of State Retailers - All Contractor approved Retailers outside of the State of
Florida with Fuel Card reader capability.
0 Marine Flcet:; - The following Fuel Location applies to State and Eligible User Marine
Craft where Fuel monitoring requirementS may be necessary. The Contractor may
provide Fuel Markups for Fuel product to include gasoline and fuel oil used in Marine
Craft for the following Fuel Locations. Fuel <;OS[5 for Marine Fleets will have a single
Fuel Markup for:
. Marina Retailers - All Contracmr approved Retailers at Marinas within the State of
Florida as well as outside the State of Florida with Fuel Card reader capability or that
accept the Fuel Card. Also, includes Marinas that supply allY conunodity and/or
~ervice obtained through use of the Fuel Card, other than Fuel.
0 Aircralt Fleets - The following Fuel Location applies to State and Eligible User Aircraft
where Fuel monitoring requirements may be necessa.ry, The Contractor may provide
Fuel Marlrups for Fuel product to include gasoline and fuel oil used in Aircraft for the
following Fuel Locations. Fuel costs for .A.ircraft Fleets will have a single Fuel Markup
for:
. Airoort Retailers - All Contractor approved Retailers at Airports within the State of
Florida as well as outside the State of Florida with Fuel Card reader capability or that
accept the Fuel Card. Also, indudes Airports that supply any commodity and/or
service obtained through use of the Fuel Card, other than Fuel.
. Optiona[ Fuel Product Management at State and Eligible User Sites
Upon mutual agreement between the contract user and Contractor, the Contractor may
provide fue[ product management at State and Eligible User sites. The cost for this service
shall be mutually agreed upon between the Eligible User and Contractoe The site shall be
those for which Fuel Card reader capabilities equipment has been installed This indudes,
but is not limited to, the monitoring of Fue] levels, ordering and/or delivering Fuel, etc. This
service also includes the use of equipment and tools, and all services and responsibilities
prescribed or implied which are necessary for the complete performance by tbe Contractor of
its obligations under the Contract. State and Eligible Users wil1 not be charged for Fuel
stored at these sites. State and Eligible Users will only be charged for Fuel dispensed into
their Vehicle Fleet.
3.05 Fuel Specifications.
Fuel Card Services Contract 973-163-06-1 Page 6 ofl 0
Section 3.00: Technical Specifications
- 304 -
.."
These specifications apply to all Fuel products which are supplied by the Contractor to an
Eligible User Site that have equipment with Fuel Card reader capability installed by the
Contractor. The Contractor will supply Fuel per the following specifications:
. Unleaded - Gasoline, unleaded, antiknock (octane) index minimum 87 (RON + MON)/2,
maximum allowable lead 0.05 gram per gallon, per AS.T.M. specification 04814,
complying with state of Florida gasoline inspection laws.
. Mid-Grade Unleaded - Gasoline, unleaded, antiknock (octane) index minimum 89 (RON +
MON)/2, maximum allowable lead 0.05 gram per gallon, and volatility class suitable for
Florida at time of scheduled use, per A.S. T.M specification D4814, complying with state of
Florida gasoline inspection laws.
. Premium Unleaded - Gasoline, unleaded, premium, antiknock (octane) index minimum 91
(RON + MON)/2, maxinnun allowable lead 0.05 gram per gallon, per A.S.T.M. specification
D48l4, complying with stale of Florida gasoline inspection laws.
.. Diesel. on, diesel fuel, grade no. 2-D low sulfur fuel (.05 maSS % sulfur, 40 centane min.),
for use in over the road diesel engine, per A.S.T.M. specification D975, complying with
Florida Department of Agriculture and Consumer Services standards 5F-Z.OOL
3.06 Contract Deliverables.
Emergency Plan
Within thirty day of contract signing, the Contractor and the State shall jointly develop an
Emergency Plan. The Fuel Card Services Contract allows for the purchase of commodities and
services that are necessary to execute the Emergency Plan. These purchases shall include the use
of equipment and tools, and all services and responsibilities prescribed or implied which are
necessary for the complete perfonnance by the Contractor of its obligations under the
Emergency Plan. This Plan shall include but not be limited to:
. Conunodities and services, to include pricing, available to Eligible Users during
emergencies.
. An assessment of risks
. Operational assignments (Who docs what, when and how)
. Procedures for Emergency n01ification (How do we tell people there's a problem?)
. Procedures for activation in the event of an emergency situation in order to protect and/or
recover critical assets and functions.
. Procedures for Emergency Plan testing
. Procedures for an annual review, updating, altering and re.writing that results in a
document that is fully functional and operational.
Project Management Professional Certification
Within fifteen da.ys of contract signing. the Fuel Card Vendor shall have a certified Project
Management Professiona.l (PMP) leading the implementation of the State's Fuel Card Program.
This certification must be obtained through the Project Management Institute (PMl).
lmplementation Plan
Fuel Card Services Contract 973-163-06-1 Page 7 of! ()
Section 3_00: Teclmical Specifications
- 305 -
.. '-,'- . -......"
Within the first forty-five days of contract signing, the Fuel Card Vendor and the State shall
jointly develop a detailed Implementation Plan. This Plan shall include but not be limited to:
1. Development of a critical path for the project
2. Detennining Start and Completion Dates
3. Development of goals
4. Development of objectives for each goal
5. Development ofacliviti~ for each objective
6. Determining individuals responsible for each activity
7. Development oftimelines for each activity
8. Development of a list of potential barriers and a plan to overcome them.
Training Plan (Instructor led, online and train the trainer)
Within ninety days of contract signing, the Fuel Card Vendor and the State shall jointly develop
a Training Plan. This Plan shall provide for but not be limited to:
I. Defining the purpose of the training and target audience
2. Detennining participants' needs (Instructor led, Online, and Train the trainer)
3. Defining training goals and objectives
4. Outlining training content
5. Develop instructional activities
6. Prepare [he written training design
7. Prepare participant evaluation fonn(s)
8. Determine follow-up activities for the evt:nt
Marketing/Outreach Plan (to include other Eligible Users)
Within the first Dinety days of contract signing, the Fuel Card Vendor and tl)e State shall jointly
develop a detailed a Marketing/Outreach Plan to all Eligible Users of the Fuel Card Contract.
Conference Room Pilot (requirements gathering)
Before any agency is brought into the new Fuel Card Program, the Fuel Card Vendor and the
State shall develop and execute a Conference Room Pilot. Conference Room Pilot shall be
defined as a period of four I-day working sessions, or other schedule a9 agreed, the purpose of
which is to review and refine the proposed business processes. During the Conference Room
Pilot fleet card, purchasing a..,d accounting representatives from various State agencies wil.l be
invited to review and comment upon the proposed processes.
Minority Reports
In order to support Executive Order 98.21, within 60 days of contract signing, the Fuel Card
Vendor shall develop an e.lectronic means of reporting MBE purchases. Executive Order 98-21
directs state agencies to increase the panicipation of certified minority business enterprises
(MBE) and women business enterprises (WBE) in state procurements. MBE/WBE certification
Fuel Card Services Contrac[ 973-163-06-1 Page 8 of 10
Section 3.00: Technical Specifications
- 306 -
-, ..~".
by the Slate of Florida, Office of Administration, Office of Equal Opponunity is required to be
considered an Eligible MBElWBE in meeting participation goals.
fuel Card Services Contract 973-163-06-1 Page 9 oflO
Section 3.00: Teclmical Specifications
- 307 -
Appendix
W DISTRICT l\'lAP
~~-
~. ~{Z3
_I~ s
\ a::u.n -I
\, 11
.'
,.;,iP'>>/"
. ,
WESTERN NORTHERN CENTRAL SOUTHERN
Escambia Oi1chri~t Citrus Glades
Santa Rosa AJachua Sumlt'r Martin
Okaloos1l. Union Lake Hendry
Walton Bradford Hernando Palm Beach
Holmes Baker Seminole Collier
Wa~hing(oll Nassau Orange Broward
Bay Duval Pasco Monroe
Jackson Clay Pinella. Dade
Calhoun Putnam H ilIsborough
Gulf 51. Johns Polk
Li berty Flagler Osceola
Franklin V olusia Brevard
Gadsden Marion Indian River
Wal<ulla LeV'J Manalee
Leon Hamillon Hardee
] effcrson Columbia Highlands
Taylor Suwannee Okeechobee
Madison SI. Lucie
La Fayette Samsola
Dixie De;;o\o
Charlane
Lee
Fuel Card Ser>1ces Contract 973-163-06-1 Page 10 of 10
Section 3.00: Technical Specifications
- 308 -
4.00 Special Conditions
Contl!.Qts
4.01 Overview
4.02 Performance Standard
4.03 Fuel Locations and Accessibility
4.04 Maintenance
4.05 Removal of Equipment
4.06 Invoicing and Payment
4.07 OPIS Newsletter
4.08 Taxes
4.09 Fines, Citations, Damages
4_10 Pennits
4.11 Agency Agreement
4.12 Alternative Fuels
4.13 Silence of Specifications
4.01 Overview.
The following are basic business and liafely requirements associated with the Contract.
4.02 Performance Standard.
The Contractor shall meet all perfonnance standards set forth in this Solicitation. The Contractor shall
warrant that all work perfoJTI1ed hereunder complies with customary, reasonable aud prudent standards
ofperfonnance in the industry and shall perfonn all services in a professional manner.
4.03 Fuel Locations and Accessibility.
Contractor shall provide Customers a listing of all Contractor approved Retailers as well as other
applicable Customer sites available with Fuel Card reader capability as defined in Section 3_ Contractor
approved Retailers should be widely accessible in each COilllty in the State of Florida. Contract
Customers may be able to fuel their vehicles at other Customer sites as allowed by the Customer.
Contractor will provide updated lists of all Contractor approved Fuel Locations as necessary andlor as
n::quested by Customers.
4.04 Maintenance_
The Contractor shall maintain all installed equipment with Fuel Card reader capability in good working
order for the duration ofthc Contract.
Fuel Card Services Contract 973-163-06-1 Page 1 of 3
Section 4.00: Special Conditions
,
i
i
- 309 -
4.05 Removal of Equipment.
The Contractor shall remove all Contractor illstalled equipment (Fuel Card readers) in the event the
Customer no longer requires it. The property shall be restored to its original oondition and match the
condition at the time of removal. The Contractor shall bear all costs associated with this removal and/or
restoration.
4.06 In....oicing and Payment.
Invoices shall be submitted monthly to the Customer or as agreed upon in the Agency Agreement. The
Contractor shall submit invoices for Fuel and/or Immediate Use Vehicle Accessories in sufficient detail
for a proper pre-audit alld post-audit in accordance with section 287.058 of the Florida Statutes
Invoices shall be submitted lIS stipulated in the Customer's Agency Agreement The Customer agrees
that payments to the Contractor will be made in accordance with Florida Statutes.
4.07 OPIS Newsletter.
The Contractor will provide a paid subscription for the weekly OPTS Newsletter (52 issue:i/year),
including the PAD 1 Report, to the Department's Contract Administrator throughout the term of the
contract.
4.08 Taxes.
Invoice FueI prices are not to include any State of Florida audlor Federal taxes from which the State
and/or Customer is exempt. Also, invoices should be exempt from Florida State sales tax on Immediate
Use Vehicle Accessories as allowed.
4.09 Filles, Citations, Damages.
The Contractor agrees to be solely and financially responsible for any and all fines, citations and or
damages levied by local, state or federal regulators against the Department for inc.idents resulting from
non-compliance relating to regulatory violations and/or negligence on the part of the Contractor
including, but not limited to, spills, leaks, injuries to the environment, injuries to humans or property
damages. The Contractor shall be solely responsible for any and all cost, expenses, attorneys' fees or
travel incurred by the Department relating to such violations or negligence.
4,10 Permits.
The Contractor shall comply with all applicable rules, regulations and ordinances. The Contractor
maintains the sole responsibility to obtain all construction permits from the local appropriate code
enforcement agencies, or the delegated authority 10 issue such permits. A copy of any and aJl permits
shall be sent 10 the Customer immediately upon the Contractor obtaining same. Permits shall be posted
in a readily visible location accessible to the code enforcement inspectors- Permits shall be obtained by
the Conrractor before any WOI:k can commence.
Fuel Card Services Contract 973-163-06-1 Page 2 on
Section 4.00: Special Conditions
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4.11 Agency Agreement.
An Agency Agreement is the established agreement between the Customer and the Contractor. This
agreement is to determine, including but not limited to, the quantity of Fuel Cards required including
any specialty type cards for law enforcement agencies, description of services required, billing and
payment, effective dates, as well as other applicable factors or suitable references pertinent to the
Customer. Each agency will have the .flexibility to design their personal Agency Agreement based on
their fleet requirements. This Contract provides the State and eligible Customers a core contract on
which to build their Agency Agreement. It is recommended tl.lat Customers assign agency Contract
managers and/or security personnel to manage their Agency Agreement. All Fuel Cost shall be priced
as described in Section 3.
4,12 Alternative Fuels.
When the State deems necessary, alternative Fuels may be required in certain areas of the State of
Florida where available. These Fuels may include compressed namral gas (CNG) , liquefied petroleum
gas (LPG or propane), biodieseI, etha\,oJ (E-85), and any other Alternative Fuel the State deems
necessary.
4.13 Silence of Specifications.
The apparent silence of specifications set forth in this solicitation and contract to any details or the
omission from it of a detailed description, concerning any point shall be regarded as meaning that only
the best commercial practices are 10 prevail and that only materials and workmanship of first quality are
Lo be uscd_ All interpretations of this solicitation shall be made upon the basis ofthls statement.
Fuel Card Services Contract 973-163-06-1 Page 3 on
Section 4.00: Special Conditions
-311-
FORMS
Fuel Card Services ComTilct 973-] 63-06-1
- 312 -
Contract
This Contract. effective the la~t date signed below, is by and betvleen the Stare of Florida,
Department of Management Services ("Department"), an agency of the State of Florida with
offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below
as Contractor ("Contractor").
The Contractor responded to the Department's Invitation to Negotiate (lTN) No 43-973-
I 63-X, Fuel Card Services. The Department has determined to accept the Contractor's offer and
10 enter into this Contract in accordance with the terms and conditions of the solicitation.
TramMontaigne, Ii subcontractor of the Contractor, is recognized as the net seller of fuel for this
Contract.
Accordingly, and in consideration of the mutual promises contained in the Contract
documents, the Department and the Contractor do hereby enter into this COnlract, which is a
state term contract autborized by section 287.042(2)(a) of the Florida Statutes (2001). The term
of the Contract begins on the Effective Date and expires after 5 years. TIle Conlmct consisLs of
the following documents, which, in case of conflict., shall have priority in the order listed, and
which are hereby incorporated as if fully set forth:
. Any written amendments to the Contract
. This document
. Special Instructions to Respondents
. Teclmical Specifications
. Special Conditions
. General Contract Conditions (PUR Form lOOO)
. General Instructions to Respondents (PUR Form 1001)
. Any Purchase Order under the Conlract
~:J~~ qtJ/cr
State of Florida, Date
6-rDepartment of Management Services
~ Torn Lewis, Jr., Secretary
Contractor Name: c.ofVl(JK/Jf' rJE'f1..J~A Jt ..TNc.. (Seal)
S~_' 0' ~O Box ~ 30/ ;:P-lr.'-"'{;, W"Y
ell t~: 2eJj~ t:>. Ti o.~
/< I oJI_~ f.:;t,---~
By: . ,.)D1'- .? ~7,y.J Date
Its: j.k J. -' G ...-vt.
Appmved as to fomlllnd legality /{; ~ 4 jl z.-( oS I
by the Department General COlUlsel's Office: I
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Fuel Card Services ContracI973-163-06- [ I
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-313-
Price Sheet
Contractor Fuel Mark.up
~uel tl2r!h S01Jth Central West
Gasoline, Regular 0.1394 0.1735 0.1641 0.1313
Gasoline, Mid-Grade 0.]904 0.2340 0.2151 0.1846
Gasoline, Premium 0.2133 0.2507 0.2375 0.1982
Diesel (On Road) 0.0819 0.1302 0.0699 0.0364
Aviation and Marine Fuel 0.0075 0.0075 0.0075 0.0075
I
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Fuel Card Services Contract 973-163-06-1 I
t
!
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i
-314-
Ordering Instructions
Contractor:
SPURS VENDOR NUMBER:
Please identify the person who will be responsible for administering the Contract on your behalf
if award is made, and include an emergency contact phone number:
Name:
Title:
Street Address:
E-mail Address:
Phone Nurnber(s):
Fax. Number:
If the person responsible for answering questions about the bid is different from the person
identified above, please provide the same information for that person.
Name:
Title:
E-mail Address:
Phone Nwnber(s): ."-
Fax NU1!l.ber:
Ordl?rinji! Information:
Please provide the following information about where Customers shouJd direct orders. You must
provide a regular mailing address. If equipped to rcaive purchase orders electronically, you may
also provide an Internet address.
Name:
Title:
Street Address or P _ O. Box:
City, State, Zip:
Phone Nwnber;
Toll Free Number:
Ordering Fax Number: -
Internet Address:
Federal ID Number:
Remit Address;
City, State, Zip:
fuel Card Services Contract 973-163-06-1
-315-
.....".. . ...,,'.... ._____r._...._
SavingsJPrice Reductions
Invitation to Negotiate No. 43-973-163-X
Respondent is required to furnish the percent (%) savings in prices offered in this
reply compared to retail, list, published or other usual and customary prices that
would be paid by the purchaser without benefit of a contract resulting from this
response.
DATE
COMPETITIVE PRICES OFFERED AVERAGE - % SAVINGS.
HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual
and customary prices published at [url). or other source of benchmark prices}?
ResDonse:
AUTHORIZE:D SIGNATURE:
TELEPHONE NUMBER:
RESPONDENT NAME:
IF CONTRACT AWARDED, STATE PURCHASING ANAL YST/SPEC/ALlST
TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS:
Response:
WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST
Response:
Fuel Card Services Contract 973-163-06-1
-316-
...""..,,,, ....-..../..
Certification of Drug-Free Workplace
Section 287.087 of the Florida Statutes provides that, where idenrical tie bids are received, preference
sball be given to a bid received from a bidder That certifies it has implemented a drug-free workforce
program. Please sign below and return this form to certify that your business has a drug-free workplace
program.
1) Publish a statement notifying employees that the unlawful manufacture, dislrib'ution, dispensing,
possession or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be laken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining Ii drug-free workplace, any available drug COWlseling, rehabilitation and employee
assistance programs and the penalties that may be imposed upon ~mployees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are lU1der
Bid a copy of the statement specified in Subsection (l).
4) In the statement specified in Subsection (I), notify the employees. as a condition of working on
the commodities or contractual services that are under Bid, the employee will abide by the terms
of the statement and will notify the employer 'of allY conviction of, or plea of guilty or nolo
contendere ta, any violation of Chapter 893 or' of any controlled substance law of tl1e United
States or any State, for a violation occurring i.n the workplace no later than five (5) days rifler
such conviction.
5) Impose a sanction on, 01 require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authoriud to sign the ~[;aternent, I certify lhat this firm complies fully with the above reQuiremenl~. False
statcment.'i a~ punish~ble at law.
BlDDER'S NAME:
By:
Authorized Signature Print Name and Tille
Fuel Card Servicfs COlltract 973-163-06-1
\
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-317-
6. J
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 1 0-6-09
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Approve settlement of claim for costs associated with the
connection of public sewer system to 815 Bamboo Lane.
EXPLANA TION OF REQUEST:
In May 2007, the developer of the Estancia Development uncovered the existence of a
sanitary sewer line that crossed their property and served the property located at 815 Bamboo
Lane. In order to have the construction of the development continue, the developer
disconnected the sewer line from the residence at 815 Bamboo Lane, and installed a
temporary holding tank. City staff agreed at that time to pay that portion of the costs
associated with the connection of the sanitary sewer line to the residence. As part of the
construction, the City paid approximately $5,700 for the installation of the new line. Following
the completion of the construction and the connection of the sanitary sewer line, the developer
presented about $23,000 in costs. City staff discussed this matter with the City Attorney's
Office and the City Manager, and it was agreed that the City would offer no more than $5,000
to the developer. The developer has accepted the offer, and will execute a release of all
claims if the City Commission approves the settlement. If the proposed settlement is
approved, the City's total expenditures incurred with respect to the reconnection of the City's
sanitary sewer line will be approximately $10,700.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
The sanitary sewer line was connected to the resident at 815 Bamboo Lane, and a potential
sanitary hazard was eliminated.
FISCAL IMPACT:
-318-
The City will pay the developer, HHC Boynton, LLC, $5,000.00 in consideration of the
execution of a release of all claims to this matter.
AL TERNA TIVES:
Do not approve the settlement.
-319-
RELEASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That HHC Boynton, LLC, a Florida limited liability company, (collectively "First Party"),
individually and on behalf of all officers, members, managers, affiliated entities and persons, jointly and
severally, for and in consideration of the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00),
or other valuable considerations, received from or on behalf of THE CITY OF BOYNTON BEACH,
FLORIDA ("Second Party"), the receipt and sufficiency whereof is hereby acknowledged, hereby remise,
release, acquit, satisfy, and forever discharge the second party, of and from any and all manner of action and
actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, liens, assessments, executions, losses, attorneys' fees, court costs, expenses, claims and demands
whatsoever, in law or in equity, which First Party ever had, now has, or which any personal representatives,
successor, heir or assign of First Party, or anyone claiming by, through or under them or any of them,
hereafter can, shall or may have, against said Second Party, for, upon or by reason of any matter, cause or
thing whatsoever, known or unknown, fixed or contingent, matured or unmatured, up to this date, related to
any claim related to the connection of a sanitary sewer line located at 815 Bamboo Lane, in the City of
Boynton Beach in 2007.
That Second Party, for the agreement by the First Party to release said Second Party as set forth in
this General Release, and for other good and valuable consideration the receipt and sufficiency whereof is
hereby acknowledged, hereby remise, release, acquit, satisfy, and forever discharge the First Party, of and
from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of
money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, variances, trespasses, damages, judgments, liens, assessments, executions, losses, attorneys' fees,
court costs, expenses, claims and demands whatsoever, in law or in equity, which Second Party ever had,
now has, or which any personal representatives, successor, heir or assign of Second Party, or anyone
- 320 -
claiming by, through or under them or any of them, hereafter can, shall or may have, against said First
Party, for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, fixed or
contingent, matured or unmatured, up to this date, elated to any claim related to the connection of a sanitary
sewer line located at 815 Bamboo Lane, in the City of Boynton Beach in 2007.
First Party and Second Party each hereby represents and acknowledges that it has had the
opportunity to obtain independent legal counsel before signing this instrument, and has waived that right
understanding that this instrument shall be legally binding upon them.
(Wherever used herein the terms "First Party" and "Second Party" shall include singular and plural,
heirs, legal representatives, and assigns of individuals, and the past and present agents, officers,
stockholders, directors and employees, and the successors and assigns of corporations.)
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _ day of
,2009.
FIRST PARTY:
Signed, sealed and delivered in HHC Boynton, LLC, a Florida limited liability
the presence of liability company
BY:
Sign Name
Garrett Graue, Vice President
Print Name HHC Development, Inc., a Delaware corporation
Its: Manager
Sign Name
Print Name
SECOND PARTY:
ATTEST: CITY OF BOYNTON BEACH
By:
City Clerk Mayor Jerrry Taylor
APPROVED AS TO FORM:
By:
- 321 -
City Attorney
STATE OF FLORIDA)
) ss:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgements, that the foregoing instrument was acknowledged
before me this _ day of ,2009, by GARRETT GRAUE, Vice-President ofHHC
Development, Inc., on behalf of said corporation, Manager of HHC Boynton, LLC, a Florida limited
liability company. He is personally known to me or has produced as
identification.
NOTARY PUBLIC
Type or Print Name
Commission No.
My Commission Expires:
DNT:dnt
H\l 990\900 1 82.BBIRELEASE\General Release - Estancia.doc
- 322 -
(THIS PAGE INTENTIONALL Y LEFT BLANK)
- 323 -
6. K
CONSENT AGENDA
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Authorize the reallocation of $1 ,500 from Boynton Isles to
the Jayne E. Miller Nursing Scholarship Fund from Commissioner Rodriguez's Community Investment
Fund.
EXPLANATION OF REQUEST: At the 9/14/09 Commission meeting $1,500 was approved for
Boynton Isles from Commissioner Rodriguez's Community Investment Fund. It was brought
back for reconsideration at the 9/22/09 Budget Hearing and was not approved. Commissioner
Rodriguez would like these funds ($1,500) reallocated to the Jayne E. Miller Nursing
Scholarship Fund to assist in the education of nursing students which has been a recipient of
Community Investment Funds for several years.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Allocation of funds will assist the above
organization.
FISCAL IMPACT: Account # 001-1110-511-95-47 Funds are budgeted for these types of
activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNATIVES: Decline to authorize the requested use.
- 324 -
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 29,2009
Requested by Mayor/Commissioner: Commissioner Rodriguez
Amount Requested: $1,500
Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund
Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses
Week, sponsorship of scholarship fund to assist in the education or nursing students.
Dated: ~ . 'LI-
By:. .a--~. ?y/,/, .'
Part Ii-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to t.~e requesting :Member of the Commission
listed above is $10,000.00. $8,500 has been used to date by the requesting Member, leaving a
balance of available funds of $1,500.00. This request would bring the available amount down
to SO.
Accordingly:
~ There are funds available as requested
0 Thcrc are insufficient funds available as re
Dated: f. ~9. 0; By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
,/
<.or' The proposed expenditure of funds will not result in improvement to private
j property;
The recipient/payee provides services within the City of Boynton Bcach;
0 The project, program or activity which is being funded will occur in the City
of Boyntol1 Beach and participation is open to all residents afthe City; and
\;l/ Proper safeguards will be implemented ta assure that the public funds being
appropriated v-rill be used far the stated purpose.
'i By: i/ /J f 4-.\
/....., .' "~'''''-' '-.il )
City Manager ~
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
- 325 -
Page 1 of 1
LaVerriere, Lori
From: jreguez@aol.com
Sent: Sunday, September 27,20094:11 PM
To: Welsh, Pam
Subject: Fwd: Bethesda Memorial Hospital
Pam, please apply my $1500 balance of community funds to the Jayne E. Miller Nursing Scholarship
Fund.
Best,
Jose
-m-Original Message--m
From: Rodriguez, Jose <RodriguezJ@bbfl.us>
To: jreguez@aol.com
Sent: Thu, Sep 24, 2009 2:25 pm
Subject: FW: Bethesda Memorial Hospital
Attached Message
From: Kathy Walker <Kathy.Walker@BethesdaHealthcare.com>
To: jreguez@aol.com: Rodriguez, Jose <rodriguezj@bbfl.us>
Subject: Bethesda Memorial Hospital
Date: Thu, 24 200914:25:01 -0400
Dear Jose,
The Auxiliary at Bethesda Memorial Hospital has a scholarship fund set up in the name of "Jayne E.
Miller Nursing Scholarship Fund". Jayne was a Bethesda nurse who lost her life due to cancer many
years ago at a very YOlmg age. This scholarship is awarded to a one of our own Bethesda Nurses
each year. Thank you.
Kathy Walker
Executive Secretary to the CNO
Gera1yn Lunsford
Bethesda Memorial Hospital
kathy. walker~bejhe~dghealthcare&om
(561) 737-7733 x4501
Fax: (561) 737-4534
- 326 -
Community Investment Funds Spent 2008/2009
COMMISSIONER RODRIGUEZ
Total Organization ----~-
Amt Approved
Spent Date
Rodriguez 1,000 Education & Youth Advisory Board 04/21/09
850 Woman's Club 05/19/09
250 Boynton Hoops, Inc. 06/02/09
1,500 The Children's Fund/Hispanic HR Council 9/14/09
1,750 Colonial Club Sections I and II 9/14/09
1,500 Sterling Village 9/14/09
],500 Boynton Isles (reallocation request 10/6) 9/14/09
825 Community Caring Center 9/14/09
825 ] 0,000 Caridad Center 9/14/09
- 327 -
Community Investment Funds Spent 2008/2009
COMMISSIONER RODRIGUEZ
-- Organization .-.-
Amt Total Approved
~p~nt Date
- _.~ ---
Rodriguez 1,000 Education & Youth Advisory Board 04/21/09
850 Woman's Club 05/19/09
250 Boynton Hoops, Inc. 06/02/09
1,500 The Children's Fund/Hispanic HR Council 9/14/09
1,750 Colonial Club Sections I and II 9/14109
1,500 Sterling Village 9/14/09
825 Community Caring Center 9/14/09
L_ 825 Caridad Center 9/14/09
1,500 10,000 Jayne E. Miller Scholarship Fund (reallocation Pending I
_.~.- from 9/14/09 meeting)
- 328 -
(THIS PAGE INTENTIONALL Y LEFT BLANK)
- 329 -
9. A
CITY MANAGER'S REPORT
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS i:8J CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Provide direction to staff regarding banners and
decorations for the upcoming holiday season.
EXPLANATION OF REQUEST: During the past couple of years, in cooperation with the CRA, holiday
banners and decorations have been installed in various locations throughout the City. The cost of the
City's share for this past holiday season was approximately $40,000. The CRA's cost was
approximately $30,000. However, the City's funding for this activity has been reduced to $10,000 for
FY 2009/10, which has been allocated to maintain and store our existing inventory of banners and
related hardware. In order to maintain the holiday tree, displays and decorations in front and around the
museum, the CRA has absorbed a larger portion of the costs. They've increased their budget by
$10,000. Acknowledging there may strong interest by some in our community to continue this program
in some capacity, staff seeks direction in regards to how the funding for this season should be allocated.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Holiday decorations include the 50' Holiday
Tree and the Menorah and Kwanza displays, which are placed adjacent to the Children's Museum, rope
lights at the Marina and around City Hall, the poinsettia arch at City Hall, and various decorations that
are placed at the Hester Center, Sims Center, Civic Center and Children's Museum.
Holiday banners have been installed on M.L.K. Blvd., between Federal Hwy. and Seacrest Blvd.(16);
Ocean Avenue from Seacrest to the Intracoastal Bridge (62), and Boynton Beach Blvd. from 1-95 to
Federal Hwy. (32). Last year we added Woolbright Rd. between 1-95 and Federal Hwy. (20). The CRA
also had banners installed at the Promenade Extension and Marina (30).
- 330 -
FISCAL IMPACT: These were the City's costs for this program during the past season:
HOLIDAY TREE - City's share for the installation and removal of 50' holiday tree $20,000
(including tree decorations)
CITY HALL DECORATIONS - (poinsettia arch, lighting around trees) $5,726
BANNERS - Installation, service, removal and storage of 16 holiday banners along MLK $1,360
(between Fed. Hwy and Seacrest) and 12 banners on Boynton Beach Blvd. (between Fed.
Hwy. and Seacrest)
NEW BANNERS - Purchase, installation, service and removal of twenty (20) 30"x 60" $4,060
banners along Woolbright Rd
MENORAH and KWANZA DISPLAYS - Installation, service and removal $800
DECORA TIONS/HESTER CENTER - Installation and removal $2,500
DECORATIONS/SIMS CENTER -Installation and removal $2,580
MISe. ELECTRICAL SERVICE - holiday tree $2,954
TOTAL $39,980
AL TERNA TIVES:
a) Do not fund installation/removal of holiday decorations and banners for this holiday season.
b) Contribute the $10,000 towards the CRA's expenses.
c) Allocate the $10,000 for the installation/removal of decorations in the remaining areas of the
City, i.e. City Hall, Sims and Hester Centers and/or holiday banners. NOTE: Last year the City
purchased new banners for Woolbright Rd. This year the estimated cost to install/remove those
banners is $1,000.
- 331 -
11. A
NEW BUSINESS
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6, 2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE ~ NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Discussion of a process and procedure for appointing a
new seven member CRA Board. This item is placed on the agenda at the request of Commissioner
Rodriguez. .
EXPLANATION OF REQUEST: On June 16,2009 the City Commission adopted Ordinance 09-030
(attached) providing for the appointment of a seven member board of commissioners of the Community
Redevelopment Agency. Excerpts of the minutes from the first reading (6/2/09) and the adoption
hearing (6/16/09) are attached. Commissioner Rodriguez requested a copy of a draft application be
attached as well.
This item was brought before the Commission on July 21, 2009 at which time the Commission tabled
the item until after the City budget was completed. An excerpt of the minutes is attached.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Establishment of process and procedures would
be beneficial to ensuring timely vetting of applicants and appointments.
FISCAL IMPACT: None.
ALTERNATIVES: 1) Take no action at this time, 2) Modify application as desired.
ATTACHMENTS:
I) Ordinance 09-030 - Providing for Appointment of a Seven Member CRA Board
II) Excerpt from City Commission Meeting 6/2/09
III) Excerpt from City Commission Meeting 6/16/09
IV) Excerpt from City Commission Meeting 7/21/09
V) Draft of a CRA Board Application
- 332 -
ITEM I
1 I ORDINANCE NO. 09- 030
2
3 I
i
4 , AN ORDINANCE OF THE CITY COMMISSION of THE
"
5 !I CITY OF BOYNTON BEACH, FLOJlIDA, AMENDING
6 CHAPTER 2. ADMINISTRATION, SECTION 2.13.2
7 PROVIDING FOR APPOINTMENT OF A SEVEN
8 MEMBER BOARD OF COMMISSONERS OF THE
9 COMMUNITY REDEVELOPMENT AGENCY;
10 PROVIDING A TRANSITION DATE FOR THE, SEVEN
II MEMBER BOARD TO TAKE OFFICE; PROVIDING FOR
12- CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DA 'fE.
14
15
t6 WHEREAS, the City of Boynton Beach has detennined that it is in the best interests of
17 the citizcns and residents of the City to appoint a seven member Board of Commissioners ofthe
18 Community Redevelopment Agency in lieu of the City Commission providing governance of
19 the Agency.
7.0
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT;
23
24 Section 1. That Chapter 2. Administration, Section 2.13.2 shall be amended by
15 adding the wOrds and figures in underlined type, as follows:
26
27 Sec. 2-13.2. Governing body of community redevelopment agency.*
28 I ~(a) The memb!JfS of tl:te Gity Comffltssien constitute tho governing body (Board) of
29 the Community Redevelopment Agency_shall be comprised of seven (7) members aJ:lp.ointed by
30 the City Commission,
31 _(b) Chair and Vice-Chair, The City Commission shall designate Mayor shaH be the
32 Chairperson and the ~ayor the Vice Chairperson of the Board of the Community
33 Redevelopment Agency-
34 (e) The tern1!> of office of the Board Members shall be lor 4 scars. except that three
35 of the members first aPPQ,intcd shall be designated to serve terms of t, 2.. and 3
36 years~resP\X;tive]y. from the date of their appointments, and all other membi;'r1!
37 shall Ix: designated to serve for terms of 4 years from the date of their
38 ~ppointments. A vacancy- occurring during a term shall be filled for the
39 unexoired term.
1
~;\CA\()TdiJl.lllIC.$I("RA\CRA go.,.d Seven New Membcrs Q60209 d",
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~ I (d) Anv person may be appointed as a Board Member if he or she resides or is
engaged in business, which meanS ownlnl:! a business, practicing a profession. or
3 performing a service for compensation, or serving as an officer or director of a
4 cOll'oration or other business entity so engaged, within the area of operation of
5 the Ag.en~, which shall be cotemlinous with the area of o~ration of the City,
6 and is otherwise eligible for such appointment under Part IIJ of Chapter 163.
7 Florida Statutes.
8
9
10 Section 2. All ordinances or parts of ordinances in conflict herewith be and the
II Same are hereby repealed.
12
13 Section 3. Should any section or provision of this ordinance or portion hereof, any
14 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
I~ decision shall not affect the remainder of this ordinance.
IJ
16
17 Section 4. Authority is hereby granted to codify said ordinance.
III
19 Section 5. This ordinance shall become effective immediately upon passage,
20 bowevcr, the transition date of the Agency Board from .he eil)' Commission to the seven (7}
21 !J1ember Board shall be at the commencement of the Board Meeting held on the second Tuesday
22 of the month following the appointment of the seven (7) board members, at which time the
23 ~cven (7'1 member board shall take office.
24 FIRST READING this Jf.& day of June, 2009.
25
26
i
I
! 2
s:\C^\Or~il1.nce5lCRA\CRA Board Seven New Memh.,. 060209.doc
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1 SECOND, F'INAL READING AND PASSAGE this 1'1.4 day of June, 2009.
2
3 i CITY OF BOYNTON BEACH, FLORIDA
; '1 I' -..," .
6 ~. <-: <I ) {;v (..' r-"J.-.-"
7 ....;:'~"'.... ~
. Mayor - Ji:rry'T ~r
8 1 \I'
9
10 U
11 Vice Mayor - Woodrow L.
12 ? /-- ./
13 . _.,.. . ~ I
14 4~lJliSSiOner - Ronal
15
16 I
.,...~....,
17 .'
18
I') Commissioner - ariguez
20 4J~~
21 "'
22
23 Commissioner - Marlene Ross
24
25
26
27 A lTEST:
28
"In
':'7
)\l
3 I -
32
33
)4
35
36
37
38
39
40
3
S:\CA\OrdiooncdCRA\~'RA Bolltd Seven New Members 060209.doc
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ITEMU
Excerpt from City Commission Meeting of June 2, 2009
3. Proposed Ordinance No. 09-030 RE: Approving the
creation of a seven member Community Redevelopment Agenc.y Board
Attorney Cherof read Proposed Ordinance No. 09-030 by title only on first reading.
Commissioner Rodriguez commented his original motion was to add two members to the panel
to groom two leaders to serve with the current board. It would be very aggressive to place
seven volunteer members on a board and take over the functions of the eRA. He suggested
the Commission reconsider his original motion to add two members and develop a plan to
gradually move to seven members.
Mayor Taylor contended the current eRA Board was doing an outstanding job and moving
forward with the assistance of the community committee developing goals and objectives to be
achieved. He believed the timing of the transition was an issue. A seven member board
created by the new Commission would be better. Campaign promises are often based on
partial information and cannot be achieved as quickly as anticipated once all the facts are
learned. A new seven member board may retard the progress of the current board. Mayor
Taylor advised he would support the transition at a later date.
Vice Mayor Hay had made the commitment to start the process and acknowledge the current
Board had little or no training when they first sat as the Community Redevelopment Agency
Board. The Commission would retain the authority to determine the timeline for implementing
an independent board.
Commissioner Rodriguez submitted adding two members would achieve the goals and
objectives of both Mayor Taylor and Vice Mayor Hay. Being a City Commissioner did prepare
the current Board for their roles on the CRA Board.
Commissioner Ross was concerned with the stability factor of the CRA Board and had received
conflicting messages on the desire of the residents. She favored waiting to add the seven
members and did not want to add two at the present time. The two year stability of the
current Board offers the community a valuable asset.
Mayor Taylor was not in favor of adding any members at this time. A seven member board
should be appointed at a later date. Commissioner Rodriguez noted there was no ongoing
development and it would be the best time to engage the volunteer board. Vice Mayor Hay
interjected it would be the best time to train seven rather than just two.
Mark Karageorge, 240A Main Bouievard, recalled the past rnotions and suggestions for the
creation of an independent Board. He was in total agreement with Vice Mayor Hay and
contended a timetable should be established to implement an independent Board. There are
many concerned citizens who have been attending meetings on a regular baSiS who would be
able to function as a Board member. He speculated it would take a considerable amount of
time to review applications, conduct interviews and make recommendations.
Attorney Cheraf announced the new Board would take over the second Tuesday of the month
after the seven members were apPointed. There Is a schedule for the term of each member's
appointment as set forth in the statute. Each appointment will require the full vote of the
Commission.
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bCElr'Qt from City Commission MeetlnQ of June 2. 2Q:Q!!
VictOr NorfUS, 261 N. Palm Drive, suggested there was some confusion about the ordinance.
Attorney Cherof explained the ordinance was originally drafted to add two members to ser..e
along with the Commission. On first reading the direction changed and a new ordinance was to
be drafted appointing all seven members at one time, not including the members of the
Commission. Mr. Norfus contended it should be a gradual appointment of members rather than
seating all seven members at one time. Mr. Bressner stressed there would be no transition.
Mr. Norfus urged the Commission to at least start the process.
Commissioner Weiland understood appointments made at this time would not be able to sit on
the Board until the seventh person was appointed, Attorney Cherof clarified no one could be
appointed until the Code provision is amended describing the number of people on the Board.
The Statute has no proVision for training to be a Board member. It is on-the-job training.
Don Scantlan, 13 Cedar Circle, suggested alternate, non-voting members could be written into
the Code and it would be the Commission's discretion if they were advanced as regular
members. Attorney Cherof explained the Board was described by Statute and the Commission
cannot dictate the configuration.
Lee Wische, 1301 SIN 18th Street, contended the vacancies would be immediately listed and
two of the five Commissioners would make tvvo appointments to total seven members. The
Board could be named in a couple of meetings and could begin their duties.
Buck Buchanan, 807 Ocean Inlet Drive, Chair of the Chamber of Commerce and past
President of INCA, reiterated both organizations supported a fully Independent board. He urged
the Commission to pass the Proposed Ordinance as submitted and commence the process as
soon as possible. In his experience, some developers directed their efforts toward the
Commission and ignored the recommendations of the other Boards. When that type of
behavior by developers ceases, it wouid be the acid test of a competent Board. He stressed an
independent board is the will of the people and citizens need what the City needs.
MQt!.o.n
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-030. CommiSsioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 3-2. (Mayor Tay/or and Commissioner We;/8nd
d;ssenang)
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ITEM III
~rp'~ {r9m June 16. 2009 City Commissi~n Mooting
.
Excerpt from June 16. 2009 City Commission Meetina
2. Proposed Ordinance NO. 09-030 RE: Approving the
creation of a seven member Community Redevelopment Agency Board.
Attorney Cherof read Proposed Ordinance No. 09-030 by title only on second reading,
Mayor Taylor opened the public hearing.
Buck Buchanan, 807 Ocean Inlet Drive, Chairman of the Board of the Boynton Beach
Chamber of Commerce, and past President of Inlet Cove Association (INCA) noted both
organizations supported the establishment of an independent board. DurIng the past election,
all three elected Commissioners voiced their support for an independent board. The ordinance
passed 3-2 at the last meeting. Mr. Buchanan believed it was the will of the people that an
Independent board be created, and he urged the ordinance be unanimously adopted.
Victor Norfus, 261 N. Palm Drive, opined the Commission would still maintain oversight of a
new citizen board and he hoped all the Commissioners would support the measure.
Mayor Taylor noted the last time a CRA Board had been appointed, the applicants had been
interviewed by Quintus Greene, the eRA Director at that time, who thereafter presented a list to
the City Commission for appointment. He inquired whether this procedure would be followed.
City aerk Prainlto advised the process used in the past for the eRA Board followed the same
process used by other boards and was used the la$t time the eRA Board members were
appointed to an all-citizen board. Commissioner Rodriguez believed it would be a confllct of
interest and inappropriate for the eRA Director to interview the applicants.
Quintus Greene, Development Director, provided information on the manner in which the
process was followed at tI1e time he served as CRA Director. After he had interviewed the
applicants, he compiled a list of the most qualified candidates and presented it to the
Commission for approval with the proviSO that the Commission accept his recommendation. The
proceSS had been reasonably successful.
Commissioner Rodriguez believed, if the ordinance were approved, applications for CRA Board
members should be accepted and a determination regarding the review and selection process
could be made at a later date.
tv1ayor Taylor commented a community Committee of apprOXimately 100 individuals had been
created and had been providing input from CRA area residents. The Committee had been
meeting regularly with staff and recommendations were brought to the CRA Board. Mayor
Taylor noted once an independent board had been established, the Commission would no
longer have oversight of the eRA Board. Mayor Taylor believed the current CRA Board was
doing a wonderful job and accomplishing a great deal. As such, he would not support the
ordinance.
Mr. Weiland noted the Commission had heard from only a small faction of the community and
he did not feel the CRA Board was ready for the transition. He urged the Commission not to
rush into anything.
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f)n::ell't frQl'l1 June 16. 2009 Q.~ CommlS$iQn Meetina
Questions raised by Commissioner Rodriguez are listed below, together with Attorney Cherofs
responses.
Q: Would the current eRA Board remain until the tranSItion occurred?
A: Yes. The Commission selVed as the eRA Board until the seven independent
individuals were appointed.
Q: What can the Commission do at this time to impose re&traints on the board to be
appointed?
A: There is I1ttle the Commission can do, as there are powers prescribed by Statute,
rather than by City Commission.
Vice Mayor Hay noted the Community Committee met regularly with the Executive Director and
provided input to the eRA. He had heard from the community on several occasions and they
supported the Independent board. While he supported a seven-member board, he did not feel
the Commission should rush into this and hoped the Commission could agree on a time!ine.
Mark Karageorge, 240A Main Boulevard, believed the ordinance should be approved but
agreed the process should be slow and deliberate.
In response to Commissioner Ross' inquiry, Attorney Cherof advised the ordinance did not set
any timetable for the appointment of the seven-member board.
~
Commissioner Rodriguez moved to approve Proposed Ordinance No, 09-030. Vice Mayor Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 3-2 (Mayor Taylor and Commissioner Weiland
dissenting).
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- 339 -
HEM I V
Meeting tv1inutes
Regular City CommisSion
Boynton Beach, FL July 21, 2009
V2te
City Clerk Prainito called the roll. The vote was 5-0.
Motion
Commissioner Weiland moved to approve the conditional use and major site plan moditication.
Vice Mayor Hay seconded the motion. The motion passed unanimously.
F. Project: Southern Pine Lumber (MSPM Og-OOS)
Agent: llmothy J. Healey, Frontier Engineering, Inc.
Owner: Richard S, Kozell of SOuthern Pine Lumber Company
Location: nOD West Industrial Avenue
Descri ption: Request for major site plan modification approval to add a 1,055
square foot modular office building and associated site
iI"nprovements and to demolish the existing 611 square foot office
building, on a O.84-acre parcel in the M-l zoning district,
Attorney Cherof administered an oath to all those intending to testIfy,
Mr. Breese reviewed the request to add a modular office building to the site. Southern Pine is a
long-time business within the City. The existing office building would be demolished and
replaced. A fence and landscaping would face Indu5trial Avenue. Staff recommended approval
of the request. The applicant agreed with all the conditions of approval.
Msl!!2n
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
IX, CITY MANAGER'S REPORT:
A. (Intentionally lelt blank)
;( g. eRA Application, timellne and process
Commissioner Weiland explained his partiCipation in email, discussing the application process
with Ms. Bright, Executive Director of the Community Redevelopment Agency, and his belfef
that the Commission had established a format. Mr. Bressner indicated a mock application had
been devised and posted on the web page temporarily. There were emails with staff and Ms.
Bright reviewing the previous appllcation and processes. Commissioner Rodriguez noted the
Commission never requested the old application be removed or changed or refuse applications.
The process should have continued.
Meyor Taylor wented to table the discussion. Vice Mayor Hay agreed a process had not been
established. The focus should be the budget rather than the CRA application. Commissioner
17
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Meeting Minutes
Regular City Commission
Boynton Beach, FL July 21, 2009
Weiland recalled his remarks that the process should be delayed. Vice Mayor Hay re<,sserted
there was no immediate need to decide the issue.
Motion
Vice Mayor Hay moved to table the discussion until after the City budget. Commissioner Ross
seconded the motion. The motion passed unanimously.
Commissioner Rodriguez inquired if applications and resumes were being received. Mr.
8ressner contended it was important that resumes be attached.
Mayor Taylor countered that the application had not been approved so there is no application.
C. Historic Preservation Ordinance
Ms, Lejeune reviewed the information submitted by staff on establishing a historic preservation
ordinance and becoming a certified local government for historic preservation. The alternatives
were to proceed with establishing an ordinance, or not proceed, or continue with the review
from Planning and zoning relying on the Land Development Regulations and not apply as a
certified local government. Staff was not making a recommendation at this time.
Commissioner Rodriguez questioned the impact on the property owner of a historic site. Mr.
Rumpf replied it would depend on the parameters of the ordinance. The suggestion was made
to create a Historic Preservation Board to review the alternatives and bring recommendations to
the Commission, The present Land Development Regulations apply to non-residential properties
that are pending development or redevelopment and references a list. It does not encompass
the residential properties of the historic base. Mr. Bressner commented there was a significant
amount of legislation relating to historic preservation and many cities have done significant
research on the development of their ordinances that could be copied.
Barbara Ready, 329 SW 13t~ Avenue, encouraged the establishment of a task force that
would lead to an advisory board that could study the possibilities. The ordinance should fit the
needs of Boynton Beach. She pointed out becoming a certified local government would include
funding opportunities that require a meaningful historic preservation ordinance. Ms. Lejeune
added that any funding requires matching grants.
Vice Mayor Hay supported beginning the process for a historic preservation ordinance.
Commissioner Rodriguez relterated that establishing an advisory board may be helpftJl. Mr.
Bressner suggested an ad hoc committee with a specified time span would be advisable.
~
W;e Mayor Hay move to proceed with Option 1 using an ad hoc committee. CommiSSioner
Ross seconded the motion.
~'1ayor Taylor directed the appointments for the ad hoc committee be made by the Commission.
18
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CD ITEM V
CITY OF BOYNTON BEACH
". . .' COMMUNITY REDEVELOPMENT AGENCY BOARD
APPOINTMENT APPLICATION
HEETINS DATE/T1ME RESPONSIBIUTIES .,.,
The aoynton Bead1 Community Redevelopment Agenq'lsei:Ves the communft'y by guiding
2n~ TUESDAY - 6:30 PM redevelopment activities that create a vibrant doV'/ntovm~$r~ and revitalized neighborhoods
within the eRA district. The eRA district is 1,650 acrE5~!'~ng the eastern edge of the City of
'~i""""i 1..1
Soynton Beach. The major north/south road in ,~~i:~~,!?,. federal highwaY/U.S. 1. Ea5t/West
conn~ors are Gateway Blvd" Bo~nt?n 6each.~I'{#;:;f~W~J~p~Qt Road, and GI,lIfst;rea~ Blvd. The
activities and programs offered within a cO.\pm,*plty R6il~l~~,[Ient Area are administered by
the Community Redevelopment Agency..~t'~~x;tl~ CommiS$lotlr~,~"detennined that the Agency
should be governed by a seven-membert~ernIn9 ocard apl3Orn~ by the City Commission,
Any person may be appointed as ~i~l!ibard member If he or''\'~G~~ides or is engaged in
business, which me1;lns owning ~("~~lm~s, practicing a profession, 'qf~~rming a service for
compensation, or serving as ~mlt,9,Il,',,,.!Wf:ll,"~~,' r, or director o.,ft;""!,~,,,corporatjon or';ilE;i~r,j,1;I.,,!l,!,'U, "S, iness entity so
engaged,. within the area of ?~~, of th: Ag~rl~i!;~ICh shall be cote~!~~ with the area
of operation of the City. Addltlonall!\ffi,~~atlo~~~lng the eRA can be obtll!ped by accessing
the eRA web site at httn:l/www, I. m,
,,:g;, . "'~~~h~:,~li~~t~.W.~
.:-t~~%!~~~t!til! " . \~+~:~h~_~~
Thank you for your interest in serving on ~~gi~~~m,!;~.!Rede~:~~~~rt Agency ~rd and for taking the
time to ~1I out this form. Please prin~ Or ~ an"aQ,~F,~ c1eaHY'ilm~tin~tru~lons are not followed or
the application is not filled out In Its antlrety, ~i~rl1 wlll;&~~I~~Vlft~,~d! fl!l~~~~nficatIDn.
"~'t:",, , \ih+'~ /i,t!f;!!y$ m'h';1':';1~'W'
.4~${j~~qgfMlllW~~l~~,', ~~1~~f~~1 ,(f;1~:!?;~:}:' '\"~f:i;;t~,~~~~.
Name ,""iA"ll''"'' , ,;':;.')'""~.'x"d""",,j" Telephone #
,Ji~l.,' .ld;,'"!'.,II!' '.""HI,..~,.",-,.." L^', 'JI!~~'"'''''''' .
,)~j~;~~,r~:.;> . ,I: '~~~'A '~~~71,f:r)\
,~,"~~"",,"." ; ~tt-.~~ +.~' !I'l\
"'\':{f,::!;{~,.i/?,." ~~' ~\ 1,,', 'if~$;, .
Address '!)'}~i,iJi, 1,1. "".~,~, Zip Code
~!:'::;~~~~;0{h:;h' ,4~~~,~ . \\1;itUr~~,\
.. ,*,"'"" '!;I!1 "!:"'~~'I"!!%1" '9lJ%~"",
E-mail Address:\~.!~:;:::}..;;j~;.ikii~)lil~!iliid>i!1?)2iIMi......~.>;!jW. Phone:
~:.!;~~~;:~:;!;ll}!lbJ:~i~~~(H~%~:;~$" "\'t:::j~;f: ~;i'~}(Y~;~ 'Cry'\<;;~~,"~,.i~ ;{:J~~~\~l1~~j~';:~' '
Current..9~~~p'lftlon j8'r;~jff~,F.~d, ~n~lf,f,?:tcupation
<i~~ii~~~::;'\*i!~~~~ilt~%:. '~~;~~~~i~R'
EducatIQI10'~i:"" "!d~""'~']~ _m-'
~~;~~~*;)~;:!V, ~u~,!:;~i~
\""""~" ? @i:fl'"j y N
Are YOLl a re91~r~, voter. uJtlw~ _ es - 0
Do you reside w'tI11mj~~ Boynton,~~h City limits? ~Yes _No
Do you own/managa1?~~~in~s~:I~fflrl1 the City limits: _Yes _No
If "yes", name"or;~I:ISII'i~i!~
Are you currently servingr49;[~l~itY board? _Yes _No
Have you served on a City ~'rd In the past? _Yes _No
If so, which board(s) and when?
Have you ever been convicted of a crime?
If sa, when Where
*A resume must be submItted with this application for Community Redevelopment Agency
Board Appointment
- 342 -
Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall, Boynton
Beach FL 33435 or p, 0, Box 310, Boynton Beach, FL 33425-0310. It will be placed in l:t1e City's Talent
Bank, a tile to which Commissioners may turn for candidates when board openings occur.
I hereby certify that the statements and answers provided herein are true and accurate. I understand that,
if appointed, any false statements may be cause for removal from a board.
Revised 7/14/0910:43 AM
$~\CC\WP\BOARDS\APPMENiS\APPUCA1l0N FORM5\CAA Applie<>oon.doc
- 343 -
11. B
NEW BUSINESS
October 6, 2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 1 0/6/09
D ANNOUNCEM ENTSIPRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE ~ NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Discussion of status of proposed Green Market at Boynton
Beach Mall.
EXPLANA TION OF REQUEST: This IS a follow-up discussion as requested by
Commissioner Ross as to the status of the Green Market at the Mall.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Information only
FISCAL IMPACT: Information only.
AL TERNA TIVES: Information only.
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