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Agenda 01-06-15The City of Boynton Beach City Commission Agenda Tuesday, January 6, 2015 6:30 PM City Hall in Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. 1"!`�wFVi't � Y www.boynton - beach.org Page 1 of 339 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION 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). Page 2 of 339 OPENINGS A. Call to Order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Commissioner McCray 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 A. The first City Commission meeting in March will be held on Monday, March 2, 2015 to accommodate the City Commissioners who will be attending Palm Beach County Days in Tallahassee. B. Proclaim Monday, January 19th as Martin Luther King Day C. Proclaim Saturday, February 7th as Robert E. Wells Day. 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 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: , 1 Alt, 2 Stus, 1 N/V Stu Employees Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 2 Alts Recreation and Parks Board: 1 Reg and 2 Alts Senior Advisory Board: 2 Alts Veterans Advisory Commission: 1 Alt 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R15 -001 - Approve and authorize signing of an Agreement for Water Service outside the city limits with Pablo Torres for the property at 3933 Dorrit Avenue, Boynton Beach, FL. B. PROPOSED RESOLUTION NO. R15 -002 - Amend the FY 2014 -2015 budget to adjust budgeted appropriations and revenue sources and provide spending authority for existing prior year Capital Improvement Projects (CIP) purchase orders. C. Approve addition of new title: Multi- Discipline Plan Review Analyst to Pay Plan Page 3 of 339 D. Approve the annual blanket purchase order request for an estimated total annual expense of $28,750.00 to Thyssen -Krupp Elevator for elevator annual inspections and service /repairs in various City facilities. The City is utilizing the National Joint Powers Alliance (NJPA) award #102111 -TKE which was effective November 15, 2011 and extended for the year November 15, 2014 thru November 15, 2015. E. Approve utilizing the State of Florida Contract with Lou's Police Distributors, contract no. 680 -050- 12-1 for the purchase of ammunition, guns, gun parts and miscellaneous cleaning equipment and supplies on an "As Needed" basis, for an anticipated FY 2015 expenditure of $64,500. F. Approve the minutes from the Regular City Commission meeting held on December 15, 2014. 7. BIDS AND PURCHASES OVER $100,000 A. Award the "Two Year Bid for Dumpster Repairs ", Bid No. 016 - 2515- 15 /JMA to IES Sales and Service, LLC of Opalocka, FL for a two year period. This bid will be utilized on an "As Needed" Basis with a projected expenditure of $120,000 over a two year period. E: 11 ��7 �7 ��]► �il»/_1►[ �3�TiL��Xr1 _1�9�i��►�il�►��►[�TiL� F>l21114[ON:I =001Ll V 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 Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 14 -031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (By agreement of all parties Tabled to 1120115) B. PROPOSED ORDINANCE NO. 14 -032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (By agreement of all parties Tabled to 1120115) C. Approve a New Master Plan /Site Plan (NWSP 14 -004) to allow construction of 80 fee - simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant /Owner K. Hovnanian T & C Homes at Florida LLC. (By agreement of all parties Tabled to 1120115) D. PROPOSED ORDINANCE NO. 14 -033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (By agreement of all parties Tabled to 1120115) E. PROPOSED ORDINANCE NO. 14 -034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (By agreement of all parties Tabled to 1120115) 10. CITY MANAGER'S REPORT- None 11. UNFINISHED BUSINESS -None 12. NEW BUSINESS - None 13. LEGAL Page 4 of 339 A. PROPOSED ORDINANCE NO. 14 -035 - SECOND READING - PUBLIC HEARING - Approve the third extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. B. Pursuant to Section 286.011(8), Florida Statutes, request is made for a private attorney - client session of the City Commission to discuss pending litigation in the following case: Barrey Griffiths, Plaintiff vs City of Boynton Beach, Defendant, - Case No. 2013CA009874AA 14. FUTURE AGENDA ITEMS - None 15. 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 THE CITY CLERK'S OFFICE (561) 742 -6060 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 5 of 339 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =k Il► Eel .7_rIirc19►��ZV REQUESTED ACTION BY COMMISSION: The first City Commission meeting in March will be held on Monday, March 2, 2015 to accommodate the City Commissioners who will be attending Palm Beach County Days in Tallahassee. EXPLANATION OF REQUEST: Three of the five City Commissioners will be traveling to Tallahassee for Palm Beach County Days which will be held March 3 -5. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Since a quorum of the Commission will not be available, the meeting must be rescheduled or cancelled. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk F inance City Manager Reviewer Action Date Prainito, ,Janet Approved 12/3/2014 - 9:49 Al Howard, Tim Approved 12/3/2014 - 11:02 Al LaVerriere, Lori Approved 12/17/2014 - 3:52 Al Page 6 of 339 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =k Il► Eel .7_rIirc19►��ZV REQUESTED ACTION BY COMMISSION: Proclaim Monday, January 19th as Martin Luther King Day EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description n Proclamation Proclamation - ILK Day REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 12/17/2014 - 12:56 PM F inance Howard, Tim Approved 12/17/2014 - 3:51 PM City Manager Howard, Tim Approved 12/19/2014 - 6:34 Al Page 7 of 339 PROCLAMATION WHEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr. are recognized nationwide in that the third Monday of January has been established as a national holiday in commemoration of Dr. King's birthday, January 15, 1929; and WHEREAS, Dr. King dedicated his life so that all Americans may enjoy the freedoms guaranteed every citizen under the Declaration of Independence and the United States Constitution; and WHEREAS, Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton Beach, which combines numerous community organizations and municipalities, is playing a major role in the coordination of observances of this day by offering a variety of historical and cultural programs through the City. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 20, 2014 as: DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to advancing the cause of brotherhood and sisterhood among all people. 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, this 7th day of January, Two Thousand and Fourteen. Jerry Taylor, Mayor ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Page 8 of 339 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =k Il► Eel .7_rIirc19►��ZV REQUESTED ACTION BY COMMISSION: Proclaim Saturday, February 7th as Robert E. Wells Day. EXPLANATION OF REQUEST: Robert E. Wells settled in Boynton Beach in 1890 and raised his family in the City. He helped found St. Paul's AME, was a petitioner for the provision of the first black/African American school, was a signatory of the document incorporating Boynton as a town, and platted the Robert Wells Subdivision. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Non - budgeted N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Proclamation Description Robert E. Wells Proclamation Reviewer Action Date Rumpf, Michael Approved 12/22/2014 - 10:28 AIM Byrne, Nancy Approved 12/22/2014 - 10:41 AIM Howard, Tim Approved 12/22/2014 - 4:12 PM Howard, Tim Approved 12/22/2014 - 4:12 PM Page 9 of 339 PRO CLA MA TI ON WHEREAS, Mr. Robert E. Wells, a merchant sailor from Cat Island in the Bahamas, settled in Boynton in 1890 where he and his wife, Elizabeth, raised three daughters: Ora, Fay, and Edna. WHEREAS, in 1892, Robert and Elizabeth Wells helped found St. Paul's African Methodist Episcopal Church. Officially established in 1900, St. Paul's AME is the oldest church in the city. WHEREAS, in 1896, Mr. Wells, and other members of St. Paul's AME, successfully petitioned Dade County School Board to provide a school for Boynton's black/African American children. Originally called "Boynton Colored School ", it later became known as "Poinciana Elementary." WHEREAS, On April 14, 1920, Mr. Wells was a signatory of the document incorporating Boynton as a town; however, the land owned by him and the rest of the historic Heart of Boynton was not recognized in the incorporation and was called "Boynton Colored Town." WHEREAS, in 1925, Mr. Wells platted the Robert Wells Subdivision and built the main thoroughfare in the historic Heart of Boynton called Wells Avenue and now known as Martin Luther King Junior Boulevard. In addition to selling land and building houses, Mr. Wells donated lots to those in need, including St. Paul's AME for the building of a church. In time, Wells Avenue became a thriving downtown area for the black/African American community. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim February 7, 2015 as Robert E. Wells Day in honor of his contribution to the settlement and development of Boynton Beach. 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 January, 2015. Jerry Taylor, Mayor ATTEST: Janet M. Prainito, MMC City Clerk Page 10 of 339 5.A. ADMINISTRATIVE 1/6/2015 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: , 1 Alt, 2 Stus, 1 N/V Stu Employees Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 2 Alts Recreation and Parks Board: 1 Reg and 2 Alts Senior Advisory Board: 2 Alts Veterans Advisory Commission: 1 Alt EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non - budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. X110:7_ 'l 1X41:02»_1►F STRATEGIC PLAN APPLICATION: it 9 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 11 of 339 Type Other N1TAIATA=1 13 Department City Clerk Reviewer Pyle, ,Judith Description Appointments & Applicants 1 - -16 Action Approved Date 1211712014 - 10:19 AIM Page 12 of 339 • IV Caqsello Alt III Fitzpatrick Alt Applicants None 1 yr term to 12/15 1 yr term to 12/15 Tabled (3) Building oar d of Adjustment & Appeals Mayor Taylor Reg 3 yr term to 12/15 IV Casello Alt 1 yr term to 12/15 Tabled (2) III Fitzpatrick Alt 1 yr term to 12/15 Tabled (3) ►•� Page 13 of 339 5:11FIF110 11 .. 11 McCray Reg III Fitzpatrick Reg IV Casello R eg Tayl Mayor IV o Oft 3 yr term to 6/17 Tabled (3) 3 yr term to 6/17 Tabled (3) 3 yr term to 6/17 Tabled (2) 1 yr term to 6/15 1 yr term to 6/15 Tabled (3) Ad visory Golf Course IV Casello Alt 5 yr term .. . ..' 1� Historic Resources Preservation Board 11 McCray Alt 2 yr term to 4/16 III Fitzpatrick Alt 2 yr term to 4/16 Applicants RM :•. . Mayor Taylor Reg I Merker Alt Applicants None 3 yr term to 12/17 Tabled (3) 1 yr term to 12/15 Tabled (2) Page 14 of 339 • IV Casello Reg 3 yr term to 12/15 Tabled (2) III Fitzpatrick Alt 1 yr term to 12/15 Tabled (3) Alt 1 yr term to 12/15 Tabled (2) Applicants None . li McCray Alt Applicants None 1 yr term to 12115 Tabled (3) Page 15 of 339 6.A. CONSENT AGENDA 1/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -001 - Approve and authorize signing of an Agreement for Water Service outside the city limits with Pablo Torres for the property at 3933 Dorrit Avenue, Boynton Beach, FL. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, east of Lawrence Road, north of Old Boynton Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. The owner agrees to be responsible for all costs to provide service to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT: Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states "The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction." ��00 »_1►F �g 0 0 _ A 1 *11102:2 _ 1► I _ 1 » 41904 1101► A CLIMATE ACTION: A 41 ►h /ill 9�_T��[�7►��7��9[�7►A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 16 of 339 D Agreement D Agreement RESO - Torres Water Service Agreement Water Service Agreement Reviewer Action Conboy, Barb Approved Howard, Tim Approved Cherof, Jim Approved LaVerriere, Lori Approved Date 121512014 - 2:53 PIM 121812014 - 8:39 AIM 12/11/2014 - 9:30 AIM 1211712014 - 8:52 AIM Page 17 of 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND PABLO TORRES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 3933 Dorrit Avenue, Boynton Beach, Florida 33436 (PCN: 00- 43- 45- 19 -01- 003 - 0331); and WHEREAS, the parcel covered by this agreement includes a single- family home located in unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS, no additional construction will be required by the City to serve this property. 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 hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and PABLO TORRRES, a copy of said Agreement is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \271D91E6- AFBB -4AB4- 8502- 2178FA68D520 \Boynton Beach. 564.1.Reso_- _Torres Water Service_Agreement.doc Page 18 of 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this day of January, 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \271D91E6- AFBB -4AB4- 8502- 2178FA68D520 \Boynton Beach. 564.1.Reso_- _Torres Water Service_Agreement.doc Page 19 of 339 Tor THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: 2. The City agrees to provide Owner(s) with water services from the City Water System only as necessary to service the Property. 3. Owner(s) shall not use or supply water it receives from the City to service or benefit any property other than the Property described in paragraph I above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires I (specify number) Equivalent Residential Connection(s). 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. Page 1 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8 -22-12 (3).doc Page 20 of 339 Z DE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agrg , qftent- Page 21 of 339 the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. AND COVENANT FOR ANNEXATION (Individuals), 18. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 20. In the event of a sale of the Property by Owner(s), Owner(s) agrees to provide written notice of the existence of with the closing of the sale transaction. Page 3 of 5 S:\Customer Relations\FORMS\Water service Agreements\WSA (Individual) 8-22-12 (3) .doc Page 22 of 339 A FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 2�-�1. y of �1�' Sealed and delivered in the presence FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH My Commission Expires: (I 'M Commission Number: Page 4 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-22-12 (3).doc Page 23 of 339 Printed Owner Naine My AND COVENANT FOR ANNEXATION (Individuals) 1 .10 a I. 1 0 F&VIOWNEIVElliq 1 1. loss . 1. to LE Lori LaVerriere, City Manager City Clerk Approved as to Form: City Attorney STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, Interim City Manager and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this — day of _, 20,_ (Notary Seal) My Commission Expires: Page 5 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-22-12 (3).doc Page 24 of 339 K.W.0996M V 1101 1 j(411VIj STATE OF FLORIDA COUNTY OF PCk 6M (A" ?e A 0 Lo it I/We, orre,5 hmvinafter "Grantee"- herebv make- PCNNo.: 00 /el .&Obit)3 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the IA " day of AJO U- 20a and the powers and authority shall he in by Grantee. Page 25 of 339 IN WITNESS WHEREOF, we have hereunto set our hands and seals t1le �* day of in the year 20/ and delivered in the presence of III �IIIII "II 16APT47K STATE OFF A ) SS: COUNTY OF PALM BEACH THE FOREGOIN ST o ed before me this O� of rr by d who are known to me ft— 1,rl 1" as identification and w d/did or who have produced tt 0 ath. A TBLIC IN&AR L Type or Print Name Commission No. N M. FIKUZA My Commission Expires: Notary p Sute of FlorWa C 0 EEi4V81 S:\CA�AGNVMWaa:r Scrvicftowrr of atty.doc — 1-6-06 M COMM. ex pWa Nov. 16. 205 IL-\1990\900182.BB\AGA4"owerofAttmey-Ind 1-6-06*0 Page 26 of 339 http://www.pbcgov.com/papa/Aspa/PropertyDetail/PropertyDetail. 12 Exemption Applicant/Owner Year Detail :COSGROVE DONALD RJR 2014 Number of Units I *Total Square Feet 1512 Gary R, fflkofit5, GrA Hornodead Exernptbn 0100 - SINGLE Property Appraiser Use Code Zoning FAMILY P a , k 4g h cainty .. .... ... .. — Tax Year 2014 2013 2012 Improvement Value $82,209 Location Address 3933 DORRIT AVE $61,108 Land Value $41,457 Municipality UNINCORPORATED $44,339 Total Market Value Parcel Control Number 00-43-45-19-01-003-0331 $118,558 $105,447 Subdivision WEST BOYNTON PLAT I Tax Year 2014 Official Records Book 18937 Page 484 2013 2012 Assessed Value Sale Date JUN-2005 $107,240 $105,447 Exemption Amount WEST BOYNTON PLAT i w io FT or LT 33, LTS 34 & 35 & E 17.5 IT OF LT $50,000 Legal Description $58,849 $57,240 555,447 36 BILK 3 AjK/A LOT 34 WOODBRIDGE UNREC .... . . ... 2013 2012 Mailing address $1,296 $1,269 Owners 3933 DORRIT AVE $999 .COSGROVE DONALD RJR $879 Total tax $2,185 BOYNTON BEACH FL 33436 2735 Sales Date Price OR Book/Page Sale Type Owner JUN-2005 $10 18937 10484 QUIT CLAIM COSGROVE DONALD RJR JUN-2005 $10 18937 /04B3 QUIT CLAIM FEB-2003 $159,900 14895 /0657 WARRANTY DEED COSGROVE DONALD RJR FEB-2003 $10 15209 /0504 WARRANTY DEED COSGROVE DONALD RJR& MAR-1996 $97,500 09195 10167 WARRANTY DEED 12 Exemption Applicant/Owner Year Detail :COSGROVE DONALD RJR 2014 Number of Units I *Total Square Feet 1512 Acres 0.19 0100 - SINGLE RS - Single Family Residential Use Code Zoning FAMILY 00-UNINCORPORATED) .. .... ... .. — Tax Year 2014 2013 2012 Improvement Value $82,209 569,795 $61,108 Land Value $41,457 $48,773 $44,339 Total Market Value $123,666 $118,558 $105,447 All values are as cfjanuary 1st each year Tax Year 2014 2013 2012 Assessed Value $108,949 $107,240 $105,447 Exemption Amount $50,000 $50,000 $50,000 Taxable Value $58,849 $57,240 555,447 Tax Year 2014 .... . . ... 2013 2012 Ad Valorem $1,296 $1,269 $1,256 Non Ad Valorem $999 $883 $879 Total tax $2,185 $2,152 $2,135 Page 27 of 339 Prepared by Elise Slrhal, an employee of Hrst American Title Insurance Company 1903 S. Congress Ave., Suite 180 Boynton Beach, Florida 33426 (561)767-3120 Return to". Grantee File No.: 12672-2114988 Made this of 201 bv and between TIV-- w • • Donald R. Cosgrove, 3r., a married man joined by his spouse, Danielle Use Cosgrove whose address is: 3933 Dornt Ave, Boynton Beach, FL 33436 hereinafter called the "grantor", to Pablo Torres, a single man whose post office address is: 3933 Dorrit Ave, Boynton Beach, FL 33436 hereinafter called the "grantee": (Which tenTks "Grantor" and "Grantee" shall include singular or plural, corporation or individual, and either sex, and shall include heirs, legal representatives, successors and assigns of the same) IWI - cf.me - LiTibicierations, ruceipf Mer - Stif is fle1`eU'J'dU'VJU1;leUgt:U R:rt:UJr YUCJII_k, Odrydins, sells, aliens, rernises, releases, conveys and confirms unto the grantee, all that certain land situate in Palm Beach County, Florida, to-wit: Page I of 2 12672 -2114988 Page 28 of 339 e , grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee that the grantor has good right and lawful authority to sell and convey said land; that the grantor , fully warrants the title to said land and will defend the same against the lawful claims of all ; whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to )er 31st of 2013. in Witness Whe e grantor has hereunto set their hand(s) and seal(s) the day and year first ab ove Wn - - - 6�d k cffsgromoR�- 1. IniiiiiiII111119 - =0 . • •� Signed, sealed and delivered in the presence of these witnesses: 4 la Witnevignature// Print Name:.... Witness Signature Print Name: State of OQ1 County of LLn The Foregoing Instrument was Acknowledged before me on to by Donald R. Cosgrove, Ir. and Danielle Use Cosgrove who is/are personally known to me or who has/have produced a valid driver's license as identification. Notary Public 11 1 My Commission expires: I (-' Page 2 of 2 12672- 2114988 Page 29 of 339 6.B. CONSENT AGENDA 1/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -002 - Amend the FY 2014- 2015 budget to adjust budgeted appropriations and revenue sources and provide spending authority for existing prior year Capital Improvement Projects (CIP) purchase orders. EXPLANATION OF REQUEST: The FY 2014 -2015 Budget was adopted in September 2014 before identifying all prior year CIP purchase orders; this occurs in late October. As such, the FY 2014 -2015 Adopted Budget for the Capital Improvement Projects Fund and the related account line items need to be adjusted to reflect purchase order encumbrances for FY 2014 -2015. This type of budget amendment is part of the annual budget process. The budget adjustment will increase the Fund's total appropriation which requires City Commission approval. The City's past practice for all City funds has been that any operating budgeted and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. Many capital projects span multiple years. Under best budgeting practices and governmental accounting standards, we should re- appropriate these funds to provide the continued spending authority for the CIP projects. Accordingly, during FY 2014 -2015, necessary budget modifications have been made in various Capital Improvement Funds between department /divisions. Thus, adopted appropriations for some department line items have been presented on Exhibit A. Staff is requesting approval for the budget adjustments made in FY 2014 -2015. The Capital Improvement Fund will be amended from $2,311,590. to $2,445,017. to adjust the appropriations for capital projects; The Water and Sewer Utilities Capital Fund will be amended from $34,136,743. to $47,741,563. to provide appropriations for contracts approved in Fiscal Year 2013 -2014. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to implement good and appropriate budgeting practices. FISCAL IMPACT: See Exhibit A for a summary of the fiscal impact. ALTERNATIVES: Not approving the budget amendment, which would cause funding issues for Fiscal Year 2014 -2015. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: A41►h /_t9=W_Tst 1101Ll M ►IT. CLIMATE ACTION DISCUSSION: Page 30 of 339 Is this a grant? No Grant Amount: ATTACHMENTS: Type Resolution Other REVIEWERS: Department F inance F inance Legal City Manager Description Resolution amending 2014-15 fiscal year budget CIP Exhibit A- Budget Amendment Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved Date 1211712014 - 1:16 PM 1211712014 - 1:16 PM 1212312014 - 10:16 AIM 1212312014 - 11:03 AIM Page 31 of 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30,2015; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an adopted budget has been prepared by the City Manager estimating expenditures and revenues of the City of Boynton Beach for the fiscal year 2014 -2015; and WHEREAS, the City Manager has made recommendations as to amend the amount necessary to be appropriated for fiscal year 2014 -2015; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 16 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption 18 hereof. 19 Section 2. The City Commission of the Boynton Beach, Florida, hereby amends 20 the FY 2014 -2015 budget for the various Funds. A copy of such amendments is attached 21 hereto as Exhibit "A" and the appropriations set out therein for the fiscal year beginning 22 October 1, 2014 and ending September 30, 2015, to maintain and carry on the government 23 of the City of Boynton Beach. 24 Section 3. There is hereby appropriated revised amounts to the Capital 25 Improvement Fund and Utility Capital Improvement Fund (see Exhibit A) pursuant to the 26 terms of the budget. 27 Section 4. This Resolution shall become effective immediately upon passage. 28 C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \4966A025 - 4562- 449B- 991C- EBD4712435A3 \Boynton Beach. 573.1.Reso_- 010615_Budget Amendment FY14 -15 CIP.Doc Page 32 of 339 I 2 PASSED AND ADOPTED this 6th day of January, 2015. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \4966A025 - 4562- 449B- 991C- EBD4712435A3 \Boynton Beach. 573.1.Reso_- 010615_Budget Amendment FY14 -15 CIP.Doc Page 33 of 339 CITY OF BOYNTON BEACH CAPITAL EXPENDITURE AMENDMENTS RELATED TO YEAR -END PURCHASE ORDERS BUDGET YEAR 2014 -15 Exhibit A UTILITY FUND TRANSFERS 403 - 0000 - 384.01 -00 2014/15 2014/15 0 8,280,000 PROJECT PURCHASE ADOPTED Amendment AMENDED UTILITY BOND 2012 NUMBER ORDER BUDGET Revenue Expenditures BUDGET Vendor CAPITAL IMPROVEMENT FUND NET ASSETS APPROPRIATED 4,697,113 950,125 302 - 0000 - 389 -91 -00 FUND BALANCE APPROPRIATED 492,010 57,496 Adopted Fund Total Revenues 549,506 19,858,000 12,003,664 31,861,664 Adopted Fund Total Revenues - 5000 - 533.31 2,167,090 57,496 WTR134 2,224,586 250,000 302 - 4101 - 580 -49 -17 OTHER CONTRACTUAL SRVS CP0801 130707 0 - 5000 - 7,805 7,805 ADAAG Consulting 302 - 4205 - 572 -62 -01 BUILDING IMPROVEMENTS GG1402 141335 0 2,947,170 2,154 2,154 BRIAN'S CARPET INSTALLATION 302 - 4223 - 572.62 -01 BUILDING IMPROVEMENTS RP1422 141324 0 4,375,000 47,537 47,537 CEDARS ELECTRO ROWLAND INC (Bond funded) 403 - 5000 - 536.31 -90 Adopted Fund Total Expenses WTR150 141307 2,167,090 57,496 2,224,586 SELECTRON TECHNOLOGY 304 - 0000 - 389 -91 -00 FUND BALANCE APPROPRIATED 538.65 -09 144,500 75,931 141345 220,431 176,445 2,376,445 MATHEWS CONSULTING INC 403 - 5000 - Adopted Fund Total Revenues -09 R &R - STORMWATER 144,500 75,931 0 220,431 22,425 304 - 4101 - 580 -49 -17 BUILDING IMPROVEMENTS GG1202 140781 0 -02 919 919 AW Architects 304 - 4101 - 580 -64 -02 GENERAL EQUIPMENT GG1202 140653 0 403 584 584 ENGENUITY Group 304 - 4101 - 580 -64 -02 GENERAL EQUIPMENT GG1202 141342 0 289,353 74,428 74,428 ANZCO, Inc - 5000 - 590.96 -10 WATER CAPITAL FLOW WTR127 Adopted Fund Total Expenses 0 144,500 0 75,931 220,431 - 5006 - UTILITY FUND TRANSFERS 403 - 0000 - 384.01 -00 UTILITY BOND FUTURE 8,280,000 0 8,280,000 403 - 0000 - 381.04 -10 UTILITY BOND 2012 1,900,000 11,053,539 12,953,539 403 - 0000 - 389 -92.00 NET ASSETS APPROPRIATED 4,697,113 950,125 5,647,238 Adopted Fund Total Revenues 19,858,000 12,003,664 31,861,664 403 - 5000 - 533.31 -90 OTHER PROFESSIONAL SRVS WTR134 141340 250,000 27,000 277,000 GAI CONSULTANTS 403 - 5000 - 533.65 -02 R &R - WATER WTR075 141233 2,878,000 69,170 2,947,170 AMPS Inc 403 - 5000 - 535.65 -04 R &R - SEWER SWR064 141255 4,375,000 7,723 4,382,723 ROWLAND INC (Bond funded) 403 - 5000 - 536.31 -90 OTHER PROFESSIONAL SRVS WTR150 141307 150,000 288,632 438,632 SELECTRON TECHNOLOGY 403 - 5000 - 538.65 -09 R &R - STORMWATER STM032 141345 2,200,000 176,445 2,376,445 MATHEWS CONSULTING INC 403 - 5000 - 538.65 -09 R &R - STORMWATER STM035 141309 0 22,425 22,425 CAROLLO ENGINEERS 403 - 5000 - 590.96 -02 R &R- WATER WTR132 080816 0 43,145 43,145 DCR ENGINEERING 403 - 5000 - 590.96 -02 R &R - WATER WTR138 130980 0 289,353 289,353 LINE -TEC 403 - 5000 - 590.96 -10 WATER CAPITAL FLOW WTR127 100763 0 5,868 5,868 STANLEY CONSULTANTS 403 - 5006 - 590.65 -02 R &R - WATER WTR133 080994 0 540 540 URS CORPORATION 403 - 5006 - 590.65 -02 R &R - WATER WTR106 090556 0 6,514 6,514 CH2M Hill 403 - 5006 - 590.65 -02 R &R - WATER WTR112 090705 0 14,934 14,934 GLOBALTECH 403 - 5006 - 590.65 -02 R &R - WATER WTR112 100170 0 1,216 1,216 ARCADIS 403 - 5006 - 590.65 -04 R &R - STORMWATER SWR115 080994 0 270 270 URS CORPORATION 403 - 5006 - 590.65 -07 R &R - STORMWATER STM033 080994 0 270 270 URS CORPORATION 403 - 5006 - 590.65 -09 R &R - STORMWATER STMO22 090556 0 4,343 4,343 CH2M Hill 403 - 5010 - 533.65 -02 R &R - WATER WTR106 120932 3,800,000 326,635 4,126,635 MATTHEWS CONSULTING INC 403 - 5010 - 533.65 -02 R &R - WATER WTR133 120932 0 58,399 58,399 MATTHEWS CONSULTING INC 403 - 5010 - 533.65 -02 R &R - WATER WTR112 141250 0 1,512 1,512 BOHDEE LLC 403 - 5010 - 533.65 -02 R &R- WATER WTR112 141167 0 873,724 873,724 CDM ENGINEERS 403 - 5010 - 533.65 -02 R &R- WATER WTR133 141267 0 1,148,697 1,148,697 CDM ENGINEERS 403 - 5010 - 533.65 -02 R &R - WATER WTR106 141333 0 4,885,784 4,885,784 MAN -CON INC 403 - 5010 - 538.65 -09 R &R - STORMWATER STMO22 120932 2,500,000 217,757 2,717,757 MATTHEWS CONSULTING INC 403 - 5010 - 538.65 -09 R &R - STORMWATER STM033 141267 0 256,937 256,937 MAN -CON INC 403 - 5010 - 538.65 -09 R &R - STORMWATER STM033 120932 0 19,181 19,181 MATTHEWS CONSULTING INC 403 - 5010 - 538.65 -09 R &R - STORMWATER STMO22 141333 0 3,257,189 3,257,189 MAN -CON INC Adopted Fund Total Expenditures 19,858,000 12,003,664 31,861,664 5:\ Finance \Budget Adjustments\ FY2014- 15 \FY2014 -15 PO Budget Amend ment Page 34 of 339,12 S:\ Finance \Budget Adjustments\ FY2014- 15 \FY2014 -15 PO Budget Amend ment Page 35 of 339212 CITY OF BOYNTON BEACH Exhibit A CAPITAL EXPENDITURE AMENDMENTS RELATED TO YEAR -END PURCHASE ORDERS BUDGET YEAR 2014 -15 2014/15 2014/15 ADOPTED Amendment AMENDED UTILITY FUND TRANSFERS BUDGET Revenue Expenditures BUDGET 404 - 0000 - 384.01 -00 BOND PROCEEDS 9,418,743 (1,844,419) 7,574,324 404 - 0000 - 384.04 -01 UTILITY BOND 2012 0 1,961,906 1,961,906 404 - 0000 - 389 -92.00 NET ASSETS APPROPRIATED 4,451,621 1,483,669 5,935,290 Adopted Fund Total Revenues 14,278,743 1,601,156 15,879,899 404 - 5000 - 533.65 -01 WATER WTR136 131046 12,074,324 430,442 12,504,766 RIC_MAN CONSTRUCTION, INC 404 - 5000 - 533.65 -01 WATER WTR136 141302 0 18,524 18,524 CAROLLO ENGINEERS 404 - 5000 - 535.65 -03 SEWER SWR114 140943 360,000 934,967 1,294,967 B &B UNDERGROUND 404 - 5000 - 535.65 -03 SEWER SWR114 120932 0 22,608 22,608 MATTEWS CONSULTING INC 404 - 5000 - 590.96 -01 SEWER WTR136 091265 0 42,584 42,584 ERDMAN ANTHONY of FL 404 - 5000 - 590.96 -01 SEWER WTR136 091342 0 30,718 30,718 BROWN & CALDWELL 404 - 5000 - 590.96 -03 SEWER SWR114 080692 0 3,826 3,826 WANTMAN GROUP 404 - 5010 - 533.65 -01 WATER WTR136 130850 0 101,191 101,191 ROHL NETWORKS 404 - 5010 - 536.65 -11 WASTEWATER REUSE RE0004 141346 1,844,419 16,296 1,860,715 MATTEWS CONSULTING INC Adopted Fund Total Expenditures 14,278,743 1,601,156 15,879,899 S:\ Finance \Budget Adjustments\ FY2014- 15 \FY2014 -15 PO Budget Amend ment Page 35 of 339212 6.C. CONSENT AGENDA 1/6/2015 REQUESTED ACTION BY COMMISSION: Approve addition of new title: Multi- Discipline Plan Review Analyst to Pay Plan. EXPLANATION OF REQUEST: In an effort to provide a more efficient work force the Building Division when possible has been converting plan review and inspection positions from single discipline trades to multi - discipline trades. This change helps provide an efficient work flow and increased level of service to the Building Division customers. The Building Division is requesting to reclassify /change the title of Plan Review Analyst, Senior (Grade 19) job classification to the title of Multi- Discipline Plan Review Analyst (Grade 19). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The change will provide a more efficient work flow and increased level of service to the public and Building Division customers. FISCAL IMPACT: Budgeted There is no monetary impact to reclassifying /changing the title of Plan Review Analyst, Senior (Grade 19) to Multi- Discipline Plan Review Analyst (Grade 19). This change will be noted on the Personnel Allocation Sheet (attached) for FY 14/15. ALTERNATIVES: Do not approve the reclassification /title change to Multi- Discipline Plan Review Analyst and continue to classify the position as Plan Review Analyst, Senior. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 041h r_Te3:ILhI=1►11 &13 Type Description n Other Job Classification - Multi- Discipline Plan Review Analyst D Other Revised Personnel Allocation Page 36 of 339 REVIEWERS: Department Reviewer Action Building Mack, Andrew Approved Development Byrne, Nancy Approved Human Resources Oldbury, Julie Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager Howard, Tim Approved Page 37 of 339 Class Code: 22372 Grade: 19 FLSA: N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: MULTI - DISCIPLINE PLAN REVIEW ANALYST PURPOSE OF CLASSIFICATION The purpose of this classification is to review permit applications, building plans, and construction documents for completeness and compliance with codes. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Reviews building permit applications, site plans, and construction documents for completeness and conformance with the applicable provisions of the Building, Plumbing, Mechanical or Electrical codes; ensures that projects have approval from proper agencies; monitors status of pending applications. Provides information and assistance concerning permit requirements; explains the permit application process and associated fees to customers; assists applicants with applications; refers applicants to other departments to facilitate permit issuance; responds to complaints, researches problems, and initiates problem resolution. Determines whether submitted documents comply with applicable codes; writes permit review comments; calculates building fees and impact fees. Makes field inspections in area of specialty as needed; assists with inspections involving other specialties as needed. Prepares or completes various forms, reports, correspondence, comment reports, statistical reports, charts, or other documents. Receives various forms, reports, correspondence, permit applications, architectural plans, blueprints, surveys, engineering reports, permits, maps, codes, ordinances, policies, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data; maintains computerized files; utilizes word processing, database, or other software programs. Operates /utilizes a variety of equipment, tools, or instruments associated with field inspections, which may include a motor vehicle, scale, tape measure, testing instruments, or drafting instruments. Page 1 Created: October 2007 Updated & Added KSAs: Nov. 2014 Page 38 of 339 City of Boynton Beach, Florida • Multi- Discipline Plan Review Analyst 22372 Copies and distributes forms, reports, correspondence, and other related materials; makes microfilm copies; coordinates blueprint reprints. Prepares departmental files; locates, removes, and /or files documents; maintains file system of departmental records; prepares documents for microfilming. Performs research functions as needed; researches flood zone areas, zoning maps, zoning books, and past permits. Answers the telephone; provides information and assistance; takes and relays messages or directs calls to appropriate personnel; returns calls as necessary. Communicates with supervisor, employees, other departments, city officials, code enforcement personnel, law enforcement personnel, architects, contractors, engineers, consultants, agents, the public, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. Attends meetings; serves on committees as directed. Maintains a current knowledge of applicable laws /regulations; maintains an awareness of new materials, devices, products, and construction methods; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Provides assistance or coverage to other employees as needed Performs other related duties as required KNOWLEDGE, SKILLS AND ABILITIES (KSAs) Knowledge of and the ability to accurately conduct plan review within the applicable disciplines to ensure completeness and conformance with applicable codes. Comprehensive knowledge of applicable federal, State, and local codes, laws, rules, regulations, specifications, standards, policies and procedures. Knowledge of and the ability to examine and identify potential issues with permit applications, business tax applications, and construction plans, documents and specifications. Ability to perform comprehensive and accurate research using a wide variety of resources. Ability to effectively and expeditiously resolve issues and problems related to plan review. Ability to interact and establish effective and harmonious working relationships with a variety of individuals including property owners, contractors, engineers, architects, City officials, supervisors, co- workers, and employees from other City departments. Ability to provide guidance, assistance, and /or interpretation to others regarding the permit application process. Ability to effectively communicate both orally and in writing. Ability to appropriately and safely operate all work related tools and equipment, including a personal computer and work associated software applications. Page 2 Created: October 2007 Updated & Added KSAs: Nov. 2014 Page 39 of 339 City of Boynton Beach, Florida • Multi- Discipline Plan Review Analyst 22372 MINIMUM QUALIFICATIONS High school diploma or equivalent; supplemented by vocational /technical training in building plans review or building construction; five (5) years previous experience and /or training involving building plans review or building construction. Must possess and maintain valid State of Florida Plans Examiner License in one of the following disciplines: Building, Plumbing, Mechanical or Electrical, and must meet the requirements of Florida Statute 468 to obtain a provisional license in a second discipline. Must obtain Standard Plans Examiner License in the second discipline within one (1) year of employment in accordance with the time limits set by Florida Statute 468.. Failure to obtain the required Standard Licenses in the second discipline within the time limit may result in demotion or termination. Must possess and maintain a valid Florida driver's license. PREFERRED QUALIFICATIONS Certification in two (2) or more Standard Plans Examiner disciplines. Education and /or experience in architecture and /or engineering. PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and /or pulling of objects and materials of light weight (10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. Page 3 Created: October 2007 Updated & Added KSAs: Nov. 2014 Page 40 of 339 CITY OF BOYNTON BEACH BUDGET YEAR 2014 -2015 PERSONNEL ALLOCATION DEPARTMENT: Development FUND: 001 DIVISION: Building DEPT. NO.: 2411 Position 2012/13 2013/14 2014/15 2014/15 2014/15 Position Title Number Actual Actual Inc /(Dec) Requested Proposed Full -Time Positions: Building Official ' Deputy Building Official Chief Field Inspector 2 Building Field Inspector, Sr. Plan Review Analyst, Senior Building Field Inspector Multi- Discipline Building Field Inspector Multi- Discipline Building Field Inspector, Sr Plan Review Analyst Multi- Discipline Plan Review Analyst Total Personnel: 22019 0.5 0.5 0.0 0.5 0.0 22039 1.0 1.0 0.0 1.0 0.0 48049 1.0 1.0 (1.0) 0.0 0.0 22402 2.0 3.0 0.0 3.0 0.0 22232 2.0 2.0 0.0 1.0 0.0 22302 1.0 0.0 0.0 0.0 0.0 22380 0.0 0.0 0.0 0.0 0.0 22412 1.0 1.0 0.0 1.0 0.0 22332 0.0 0.0 0.0 0.0 0.0 22332 1.0 1.0 0.0 2.0 0.0 9.5 9.5 (1.0) 8.5 0.0 1 Building Official / City Engineer shared position, funded 50% in Development, Building and 50% in Public Works, Engineering 2 Chief Field Inspector- reduction in workforce 3 Reclass Plan Review Analyst, Senior to Multi- Discipline Plan Review Analyst Page 41 of 339 6.D. CONSENT AGENDA 1/6/2015 REQUESTED ACTION BY COMMISSION: Approve the annual blanket purchase order request for an estimated total annual expense of $28,750.00 to Thyssen -Krupp Elevator for elevator annual inspections and service /repairs in various City facilities. The City is utilizing the National Joint Powers Alliance (NJPA) award #102111 -TKE which was effective November 15, 2011 and extended for the year November 15, 2014 thru November 15, 2015. EXPLANATION OF REQUEST: Thyssen -Krupp provides annual inspections and service /repairs for seven (7) two -stop elevators and the pricing is based on the National Joint Powers Alliance award #102111 -TKE as a result of RFP #102111. Attached is an extension letter for the period of November 15, 2014 thru November 15, 2015. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The State of Florida requires that elevators be registered annually with a Certificate of Operation and compliance requires that each elevator be under maintenance /service contract and undergo annual testing. Failure to meet these requirements would result in having to lock down each affected elevator at the first floor stop; this would hinder accessibility to the upper floors. FISCAL IMPACT: Budgeted Funding is budgeted in Facilities Management - Other Contractual Services - Acct. #001 - 2511 - 519 -49 -17 in the amount of $25,750.00 and in the Library Acct. #001 - 2612- 571 -46 -20 for the Schoolhouse Museum in the amount of $3,000.00. ALTERNATIVES: Shut -down the elevators. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: ThyssenKrupp Elevator 61110 Z4iI7i Page 42 of 339 END DATE: 11/15/2015 CONTRACT VALUE: $28,750.00 MINORITY OWNED CONTRACTOR ?: No *:40=1►69 Eel ►I_V /_11w_1-31*jvhy-m EXTENSION EXPLANATION: One year extension letter attached. ATTACHMENTS: Reviewer Type D Addendum D Addendum D Other D Other D Other D Other n Other D Other 0=kTjIATA=1 13 Department Reviewer Public Works Liver good, Jeffrey F inance Howard, Tim Legal Swanson, Lynn City Manager Howard, Tim Action Date Approved 12/12/2014 - 3:15 PM Approved 12/18/2014 - 10:43 Al Approved 12/23/2014 - 1:32 PM Approved 12/23/2014 - 1:38 PM Page 43 of 339 ANNUAL RENEWAL OF AGREEMENT Made by and Between ThyssenKrupp Elevator (Vendor) 114 TownPatrk give NW Kenucsarw, GA 34144 and National Joint Powers Alliance@ (NJPA) 20212" Street NE Staples, laid' 56479 Phone: (218) 8941930 Whereas: "Vendor" and "NJPA" have entered into an "Acceptance and Award # 10211.1 -TKE" for the procurement of Elevators, Escalators, Powel• Walks with Related Services, .Accessories and Supplies, and having a maturity date of November 15, 2015, and which are subject to annual renewals at the option of both parties. Now therefore: "Vendor" and "NJPA" hereby desire and agree to e) for the period of November 15, Qvcmber 1 By: Name printed or Date �� Thysse rune By.SK and renew the above defined contract Its: Executive Director /CEO Its: National Acount Manager Nam printed "ped: Jeff Jaudes, CEI Date 10!812014 - - Page 44 of 33.9.._.._ RFP 102111 Proposal Offering And Acceptance and Award RFP #102111 FORM D ELEVATORS, ESCALATORS. POWER WALKS WITH RELATFD SERVICES, ACCESSORIES AND SUPPLIES, Pro _ al Offering go be completed Only by ProLxmser) In compliance with the Request for proposal (RFP) for ELEVATORS, ESCALATORS, POWER WALKS WITH RELATED SERVICES, ACCESSORIES AND SUPPLIES, the undersigned warrants that I /we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined products/services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that the performance of any sub - contractors employed by the Proposer in fulfillment of this offer is the sole responsibility of the Proposer. Company Name:Th ssen Krupp Elevator Date: 10 /14 /11 Company Address: 114 Town Park Drive NW City: Kennesaw State: GA Zip:30144 ontact Person: JeffJaudes,_CEI Title: National Account Manaizer Authorized Signature (ink only It are printed or typed) Contract Acceptance and Award (To be completed onlx !a NJPA) Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, and the Proposer's Response. Time effective date of the Contract be t- 05,Mkand continue for four years thereafter AND which is subject to annual renewal at the option of both parties. National Joint Powers Allanceg (NJPA) NJPA Authorized signature: (Name printed or typed) Title: Executive Director NJPA Awarded this / S--71f_ day of Contract Number # 102111 �T Y-6 NJPA Authorized signature: Title: *Execu thth�s minted or typed) Contract Number # 102111 --� Page 45 of 339 How to Purchase I Procurement Process I National Joint Powers Alliance Page 1 of 2 r I i A {E _ 4, __z- a _e s` .xc, ^k� t'�.ifl45 oTuneAS�ixhp h9,�,urfhw National Cooperative 12 -Step Procurement Process Contract Solutions Our 12 -Step Procurement Process 12 -Step Procurement Process It is the desire of NJPA to meet our Members' procurement requirements, but it is ultimately our Members' ------------ ------------------------------- responsibility to interpret local purchasing laws to determine their own ability to access and participate with NJPA About Lis contracts. Our request for proposal (RFP) process is continuously being refined to meet the changing needs of ------------ ------------------------------- our Members. The desired result is a national, competitively bid procurement and contract process that is not Affiliations &Relationships ____________ _______________________________ only valued by Members but meets or exceeds local requirements — offering exceptional products and services Become a Member from nationally acclaimed Vendors. ------------ ------------------------------- Become a Vendor 1) IDENTIFYING MEMBER NEEDS ------------------------------------- - - - - -- NJPA pursues member participation and conducts research through our member advisory committees, which are Contracts - General represented by various verticals, at numerous national trade shows, and through daily member interaction. Contracts- Fleet 2) RESEARCH SOLUTIONS AVAILABLE IN THE MARKETPLACE ------------ ------------------------------- Contracts e,10C Construction Constant research helps us develop the best approach for each offering. Some industries lend themselves to a ............ ............................... manufacturer's response because that manufacturer provides a complete industry solution through their Cooperative Health authorized dealers. Other industries lend themselves to a distributor response because they are able to provide ------------ ------------------------------- the most complete industry solutions through the large number of manufacturers they represent. Current & Pending Solicitations ............ ............................... 3) REQUEST PERM ISSION FROM THE NJPA BOARD OF DIRECTORS FAOs ------------ ------------------------------- After establishing he existence of both a viable need and a viable NJPA style solution, permission from the 9 Y P How to Purchase publicly elected NJPA Board of Directors is sought and must be granted to officially begin the development of the ------------------------------------- - - - - -- solicitation and overall procurement process. Legal Authoritv """"""""""""""""""""""""""' 4) DRAFTA SOLICITATION, PUBLIC ADVERTISEMENTAND NOTICE National Cooperative Leasing Our solicitation document is our cornerstone of cooperative contract purchasing. The consistency of that ............ ............................... NJPA Access for Vendors solicitation document, its response forms and evaluation criteria are some of our greatest assets. NJPA ------------------------------------- - - - - -- advertises each RFP: Search Vendors & Products ____________ _______________________________ In print: Minneapolis Star Tribune (Minnesota), Salt Lake News (Utah), USA Today (National) Tribal In print and online: Daily Journal of Commerce within the State of Oregon ------------------------------------- - - - - -- In print and online: The State within the State of South Carolina What Can NJPA Do For You On the NJPA website ............ ............................... On e- commerce sites: BidSvnc Biddinoo MERX, Onvia, PublicPurchase Vendor New sletter We notify the state level procurement departments in each state for possible re- posting of the solicitation within their systems and at their option 5) CONDUCT A PRE - PROPOSAL CONFERENCE FOLLOWED BY RECEIPT OF RESPONSES Proposers are typically given 5 -6 weeks from the start of the RFP advertisement to respond to the RFP. A Pre - Proposal Conference is conducted to answer questions. An addendum may also be issued if there are any items covered beyond RFP content clarifications in the conference, and if such items are deemed material by NJPA. NJPA uses an atomic clock to electronically time and date stamp all Proposals immediately upon receipt in NJPA's Staples, MN office. Proposals are opened by a Bids & Contracts department employee at the time, date and place specified in the RFP. 6) EVALUATING PROPOSERS' RESPONSES Evaluation begins at the proposal opening by determining the "responsiveness" of each proposal. "Level One Responsiveness" includes: Timely submission Properly organized Electronic as well as physical copies as required Original signatures on appropriate documents Verification of bidder's liability insurance "Level Two Responsiveness" is the evaluation of the proposal response according to the evaluation criteria provided in the RFP and documented on the "Proposal Evaluation" (Form G) by the Proposal Evaluation Committee. Our typical RFP invites the widest possible variety of products and services within the scope of a proposal. Our intention is to create a contract that provides the widest possible array of utility to the widest possible array of NJPA Members. We also specifically invite proposers to define their products and services not only by industry standard terms, but also in terms of the latest technological advances and its applicability and utility to our Members. The perceived procurement value of a proposal to NJPA and its Members, in the opinion of NJPA, includes but is not limited to: Conforming to RFP's intent, scope and specifications Competitive pricing strategies Ability to sell and service NJPA Members nationally Financial strength, experience and success in the industry/marketplace References from past customers and prior experience with NJPA A clear, concise, aggressive and effective marketing plan Page 46 of 339 http: / /www.njpacoop.org /national- cooperative- contract - solutions /procurement - process 12/18/2014 How to Purchase I Procurement Process I National Joint Powers Alliance Page 2 of 2 Value added related products, services and technological advances Financing options and detailed payment terms Warranty, product and service responsibility Identifying the depth, breadth and quality of products and service offerings Additional consideration is given to proposer's who demonstrate "Green" and Disadvantaged Business Enterprise and the ability to sell and service Canada and other international provinces. The final evaluation is conducted using the "Proposal Evaluation" form defined in the RFP. This form establishes a weighted scoring method and also provides for an optional "Cost Comparison." This point -based system is used as a part of the final scoring and awarded Vendor determination. 7) REVIEW EVALUATION RESULTS Recommendations of the Proposal Evaluation Committee are reviewed by NJPA's Contract Council. Final recommendations are then approved for consideration by the NJPA Board of Directors. 8) PROVIDE RECOMMENDATIONS TO THE NJPA BOARD Recommendations of the Contract Council are presented to the NJPA Board of Directors for final review and possible award. The NJPA Board has the final authority to issue or deny a procurement contract. 9) AWARDING VENDOR(S) Upon approval by the NJPA Board, the recommended vendor is awarded a four -year contract term with one additional one -year renewal at the discretion of NJPA. The Bids and Contracts Department emails Notices of Award and Non -Award to vendors. 10) POSTING APPROVED CONTRACT DOCUMENTS A complete procurement file is maintained by NJPA, and contract documentation is posted on our website for review by our members. 11) DEVELOP AND IMPLEM ENT A JOINT MARKETING PLAN WITH AWARDED VENDOR(S) NJPA works with both the vendor and member to educate on the benefits and uses of an awarded contract. We work with the awarded vendor(s) to educate and energize their sales and service teams. NJPA advertises awarded contracts in select national publications, produces a full - color, hard copy "Contract Directory'; maintains a website offering of the contract solutions, exhibits with vendor partners in numerous national and regional trade shows, and provides break -out meetings at trade shows. 12) REVIEW AND MAINTAIN OUR CONTRACT THROUGHOUT ITS TERM Contracts are periodically reviewed for their effectiveness. NJPA contracts are written with four -year terms with a fifth year option at NJPA's discretion. NJPA does not eliminate member responsibility for following the bid process, rather, we provide a nationally pre- competed option to avoid duplicating the formal bid process. I n � u S • • View Publications • - View Testimonials * F Qhz*PSD#-I {hfxA�h*lhfm u QPSDgydgwdj h* hz v hwhu Page 47 of 339 http: / /www.njpacoop.org /national- cooperative- contract - solutions /procurement - process 12/18/2014 SERVICES, ACCESSORIES AND SUPPLIES U1 0,1141111111 RFP #1021.11 October 20, 20114. 00 PM. Central October 21, 2011 OOA..M Central RFP Timeli.— 0 Deadlineftw Subinission qj'Proposals 0 Public Qpening of Proposals Direct questions regarding this RFP to: - A r i MSMMIVIIMI�� RFP Procedures offers the methods for submitting questions. Page 48 of 339 (herdt" Nyj",�)/\, "JointI: ' I " RE IE .. . . ......... . . .... .... . t"J SERVICES, ACCESSORIES AND SUPPLIES U1 0,1141111111 RFP #1021.11 October 20, 20114. 00 PM. Central October 21, 2011 OOA..M Central RFP Timeli.— 0 Deadlineftw Subinission qj'Proposals 0 Public Qpening of Proposals Direct questions regarding this RFP to: - A r i MSMMIVIIMI�� RFP Procedures offers the methods for submitting questions. Page 48 of 339 Ill , 't F " 10 2 111 ITI BI 1 1"CON 1 1 1 11-ATS N H N" TR01) 0 ,, 4 1 A. About NJPA B. Joint Exercise of Powers Laws C. Why Propose a National Cooperative Procurement Contract D. The Intent of this RFP E. Scope of this RFP F. Expectations for Products/Services being Proposed G. Certification — Finn offer to contract H. Pre-Proposal Conference 11 IN A. Proposer — Vendor B. Contract C. Time D. Proposer's Response E. Currency INSTRIJICTIOINI.S TO PREPARING YOLJR PROPOSAL A. Pre-Proposal Conference B. Identification of key personnel C. Proposer's exceptions to terms and conditions D. Formal instructions to Proposers E. Questions and answers about this RFP F. Modification or withdrawal of a submitted Proposal G. Value added attributes, products/services H. Certificate of Insurance I. Order Process and/or Funds Flow J. Administrative Fees PRICrTNIG STFATEDIE'S A. Line-Item Pricing B. Percentage discount from catalog or category C. Hot List Pricing D. Ceiling Price E. Volume Price Discounts F. Sourced Goods G. Cost Plus a Percentage of Cost H. Total Cost of Acquisition 1. Requesting Product and Service additions/deletions J. Requesting Pricing Changes K. Pricing and Products Changes Format L. Single Statement of Pricing — Historical Record of Pricing M. Payment Terms N. Sales Tax O. Shipping and Shipping Program P. Normal Working Hours 2 of 47 5, MAM "ING, PLA]t IPIROTIOSAL OPENING PROCED1 T1 T S A. Proposal evaluation process B. Proposer Responsiveness C. Proposal evaluation criteria D. Cost Scoring Evaluation E. Product Testing F. Past performance information G. Waiver of formalities 8, POSTAWARDOPERATING ISSUES A. Subsequent Agreements B. NJPA Member sign-up procedure C. Reporting of sale activity D. Audits E. Hub Partner F. Trade-Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP 9. (.TENLq?,A1_,TERMS JX:NTD CONDirraNs A. Advertisement of RFP B. Advertising a Contract Resulting From this RFP C. Applicable law D. Assignment of Contract E. Proposers List F. Captions, Headings, and Illustrations G. Confidential Information H. Data Privacy I. Entire Agreement J. Force Majeure K. Gratuities L. Hazardous Substances M. Legal Remedies N. Licenses O. Material Suppliers and Sub-Contractors P. Non-Wavier of Rights Q. Protests of Awards Made R. Provisions Required by Law S. Public Record T. Right to Assurance U. Suspension or Disbarment Status V. Human Rights Certificate W. Severability X. Relationship of Parties i"ORIN4S A,B,C,D,E,G,H,l PRE-SUBMISSION CF1,EC1K:LS_ 1 2. A Page 49 of 339 elf l(, I k)' 2 1111 Irb ) 0 1 1 111' A. OUT NJPA 1.2 To this end, NJPA has established a series of procurement contracts with various Vendors of products/services which NJPA Members desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpaco0D.org. 1.3 NJPA's publicly elected Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts and offers them for the benefit • its Membership. 1.3.1 Subject to Approval of the Board: Any award of Contract made by an authorized NJPA Employee will be subject to such action by the NJPA Board of Directors. 1.4 NJPA currently serves over 30,000 member agencies. Both membership and utilization of NJPA Contracts continues to expand at exponential rates. The value of our Contracts driven to our Members is reflected in our growth. B. JOINT EXERCISE OF POWERS LAWS C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 1.6 National Cooperative Procurement Contracts create value for both Municipal buyers and their Vendors of products/services in two ways: 1.6.1 We save the time and effort of many municipal buyers bringing individual procurement proposals AND the time and effort of the Vendors in responding individually to those invitations. A single invitation for a cooperatively held contract can replace potentially thousands of invitations for the same items from individual NJPA Members. .1.6.2 We earn volume purchasing discounts which are passed on to our Members. A single awarded Proposal is likewise exposed to thousands of potential Municipal purchasing units nationwide creating efficiency and savings to the business community as they sell products and services to government and education agencies. 1.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that lower prices, better overall value and time savings will be the result. 'grow A Page 50 of 339 It F P 111J�1.'2 I I I 1.8 The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity for volume pricing discounts. Although no volume is guaranteed by a Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 1.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre-competed procurement contracts offer NJPA and its Members the ability to more directly compare non-price factors in their procurement analysis and it offers Vendors the opportunity to display those attributes without the timing and interpretation constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 1.12 Non-Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non-manufacturer such as a dealer/distributor if such action is in the best interests of NJPA and its Members. 1.13 Multiple Awards: Although it is NJPA's intent to award a contract to a single Vendor, NJPA reserves the right to award a Contract to multiple Proposers where the responding Proposers are deemed to lack the ability to appropriately service a national contract or such action is deemed to be in the best interests of NJPA and its Members Page 51 of 339 reserve the right to obtain like goods and services solely from this Contract or from another contract source of their choice. 1.18 NJPA's interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the goods and services procured there from. 1.19 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor meaning the Vendor will take sole responsibility for the performance of delivered products/services. NJPA also desires sole responsibility with regard to: 1.19.1 Scope of Products/Services: NJPA desires a single provider for the broadest possible scope of the goods and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA Members. 1.19.2 Vendor use of sub-contractors in sourcing or delivering goods and services: NJPA desires a single source of responsibility for products/services proposed. Proposer's are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the goods and services being proposed. Vendor assumes all responsibility for the products/services and actions of any such Sub- Contractor. E. SCOPE OF THIS RFP 1.20 Additional Definition for the scope of this solicitation. IN , 0 1 1 K DRAY LN aMKO ORN Z4 1 DF.V4101 MIN W W N IDMI IMM, MMffT1WoTTn51,7XW7dTMTff i W 1.20.1.1 N/A 1.20.2 NJPA reserves the right to limit the scope of this solicitation for market segments already being serviced by existing NJPA procurement contracts. 1.21 Solutions Based Invitation: 1.21.1 All potential Proposers are assumed to be professionals in their respective fields. As professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA Member's needs and requirements with respect to the scope of this RFP. 1.21.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are instructed to provide their proposal response in a format describing their solutions to those current and future needs and requirements. Proposers should take care to be economical in their response to this RFP. 1.21.3 Multiple solutions to the needs of NJPA and NJPA Member's are possible. Examples could include: 1.21.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in-house or through local third party contractors, to properly install and bring to operation those materials being proposed. Page 52 of 339 1.21.3.2 Turn-Key Solutions: A Turn-Key Solution is combination of materials and services which provides a single price for materials, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 1.21.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good — better — best multiple grade solutions to NJPA and NJPA Member's needs. 1.21.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide the CHOICE of an appropriately identified spectrum of technology solutions to NJPA and NJPA Member's needs both now and into the future. 1.26 Minimum Contract Value: NJPA anticipates considerable activity resulting from this R.FP and subsequent award; however no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 1.27 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Members. 1.28 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this R_FP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. Page 53 of 339 ' 1" 11 " , � I 1, o �' () NJPA reserves the right to reject individual, or groupings of specific products/services proposals as a part of the award. 1.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 1.30 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP. 1.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the products/services they propose will render equivalent functionality, coverage, performance, and/or service. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 1.31.2 Technical Descriptions/Specifications. Bidder's must supply sufficient information to: Demonstrate the Bidder's knowledge of industry standards, and identify the products and services being bid, and differentiate those products and services from others. Excessive technical descriptions and specifications which, in the opinion of NJPA, unduly enlarges the bid response may reduce evaluation points awarded on Form G. 1.32 Important note: NJPA does not typically offer specific product and service specifications; rather NJPA is requesting an industry standard or accepted specification for the requested products and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Member's needs. 1.37 Warranty: The ProposerNendor warrants that all products, equipment, supplies, and services Page 54 of 339 bt, T 1021 H 1.38 Proposer's Warrants: The Proposer warrants all goods and services furnished hereunder will be fr from liens and encumbrances; and defects in design, materials, and worlananship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the goods and services are suitable for and will perfon in accordance with the purposes for which they were intended. G. CERTIFICATION — FIRM OFFER TO CONTRACT 1.40 A response to this RFP is a firm offer to Contract with the NJPA based upon the goals, intent, terns, and conditions and scope of products/services contained in and referenced to in this invitation. 1.41 All stated terms and conditions, expectations to include the goals, intent and scope of this RFP as described as a part of this RFP, are to be considered binding under the signatures of authorized parties and are part of the Contract. H. PRE-PROPOSAL CONFERENCE 1.42 A Pre-Proposal Conference (Webcast — Conference Call) will be held at the date and time identified on the title page for this proposal. 1.43 An invitation with access instructions will be sent via e-mail to all inquirer's the morning following the deadline for proposal inquiries (the day before the conference). 1.44 The purpose for the conference is to allow for questions from the Potential Bidders AND to allow for input from the Potential Bidders regarding perceived improvements to this REP. 2.1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this REP. Page 55 of 339 22 ® 2 Potential Proposer- A person or entity requesting a copy of this RFP. 22 ® 3 Proposer- A company, person, or entity delivering a timely response to this RFP. 2.4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this RFP. 22 ® 5 Request for Proposal- Herein referred to as RFP 22 ® 6 "Contract" as used herein shall mean cumulative documentation consisting of this RFP, an entire Proposer's response, and a fully executed "Acceptance and Award" pursuant to this RFP. MMMM 2.7 Periods of time, stated as number of days, shall be in calendar days. D. PROPOSER'S RESPONSE 22 ® 8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a Potential Proposer in response to this RFP. PAt - � 22 ® 9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars. 2.10 FOB stands for "Freight On Board" and defines the point at which responsibility for loss and damage of goods purchased are transferred from Seller to Buyer. "FOB Destination" defines the transfer of responsibility for loss are transferred from Seller to Buyer at the Buyer's designated delivery point. 2.11 FOB does not identify whom is responsible for the costs of shipping. The responsibility for the costs of shipping is addressed elsewhere in this document. 3. I PRJ. G W."T. PROPOSAL A. PRE-PROPOSAL CONFERENCE 3.1 A non-mandatory pre-proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA to questions asked before or during the Pre-proposal Conference shall be considered binding. B. IDENTIFICATION OF KEY PERSONNEL 33 ® 2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. Page 56 of 339 33 ® 3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. C. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 33 ® 4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. 33 ® 5 Exceptions, Deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response. D. FORMAL INSTRUCTIONS TO PROPOSERS 33 ® 6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any itern or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 33 ® 7 All proposals must be sent to "The National Joint Powers Alliance@, 200 1" ST NE Staples, N4N 56479." 33 ® 8 Format for bid response: All proposals must be physically delivered to NJPA8 at the above address in the following format: 3.8.1 Hard copy Original signed, completed, and dated forins C,D, E, H, and I from this RFP, 3.8.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer, 3.8.3 Certificate of insurance verifying the coverage identified in this RFP, 3.8.4 Two complete copies of your response on A CD (Compact Disc) or flash drive containing completed Forms A,B,C,D,E,H, and 1, and your statement of products and pricing together with all appropriate attachments 33 ® 9 All Proposal forms must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 3.10 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 3.11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals. 3.11.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening", and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 3.12 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized signer in original ink on all copies to be considered. 3.13 Addendurns to the RFP: The Proposer is responsible for ensuring receipt of all addendurns to this RFP. 3.13.1 Proposer's are responsible for checking directly with NJPA, or checking the NJPA website for addendums to this RFP. 3.13.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline for submission of proposals. Page 57 of 339 F. QUESTIONS AND ANSWERS ABOUT THIS REP G. MODIFICATION OR WITHDRAWAL CE SUBMITTED PROPOSAL 3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened regarding this REP. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in confon with the Instructions to Proposer. H. VALUE ADDED ATTRIBUTES, PRODUCT /SERVICES 11 of 47 Page 58 of 339 ' 0 1 t iA J offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the ability to perforin these functions. 3.23 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal and must be tabbed under Tab 5. 3.29 Proposer shall provide evidence of liability insurance coverage identified below in the form of an ACCORD binder form with their proposal. Upon Award issued pursuant to this contract, and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the forin of an ACCORD binder identifying the coverage required below and identifying NJPA as a "Certificate Holder" and an "Additional Insured". Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation. 3.30 Vendor, upon award, shall be required to maintain the following insurance coverage's during the term of the NJPA Contract: (1) Workers Compensation insurance (Occurrence) with the following minimum coverage's: Bodily Page 59 of 339 J. ORDER PROCESS AND/OR FUNDS FLOW 3.32 Please propose an order process and funds flow in Tab 6 for your proposal. Please choose from one of the following: 3.32.1 B-TO -G: The Business-to-Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. 3.32.3 Other: Please fully identify. I 3.33 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 3.33.1 Calculated as a percentage of the dollar volume of all products/services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction, and 3.33.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and 3.33.3 Set based on the anticipated costs of NJPA's involvement in facilitating the establishment, Vendor training, and the order /product/funds flow of the Contract resulting from this RFP. 3.33.3.1 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. 3.34 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire, and submitted in Tab 9 of your response. 4, PRAIC,"ING 4.1 NJPA requests Potential Proposers respond to this REP only if they are able to offer a wide array of products/services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 13 of 47 Page 60 of 339 44 ® 5 Line-Item pricing- A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products and/or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products and prices are individually identified, however Proposers with a large number of products to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense. 44 ® 6 Format: Line Item vehicle pricing for this RFP must be submitted using attached "Price Form PI The intent here is to describe and price a "Base" vehicle in each of eight classes AND also offer, on an ala carte basis, options (both Manufacturer Options and Dealer Options) to customize each vehicle offered. 4 All Line-Item Pricing items must be numbered, organized, sectioned, including SKU's (when applicable) and easily understood by the Proposal Review Committee and members. 44 ® 8 Line-Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to include all appropriate identification information necessary to discern the line item from other line items in each Proposer's proposal. 44 ® 9 The purpose for the excel spreadsheet format for Line-Item Pricing is to be able to use the "Find" function to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products and services. 4.10 All products and services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs. 4.11 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their pricing matrix. "List" price will be the standard "quantity of one" price currently available to government and educational customers excluding cooperative and volume discounts B. PERCENTAGE DISCO UNTFROM CATALOG OR CATEGORY 4.12 Percent Discount From Catalog, list or Category Pricing- A specific percentage discount from a "Catalogue or List Price" defined as a Manufacturer's Suggested Retail Price (MSRP) for the products or MET" Page 61 of 339 services being proposed. 4.13 Individualized percentage discounts can be applied individually to any number of defined product groupings. 4.13.1 Option I on the attached form "NJPA Pricing Form P2" offers the ability to simply bid a percentage discount from MSRP for the range of products identified. Product groupings can be defined by manufacturer, product type, or other factor as long as the Proposer sufficiently defines those product groupings 4.13.2 Option 2 on the attached form "NJPA Pricing Form P2" offers the ability to bid individual models within those product groupings. C. HOT LIST PRICING 4.19 Hot List pricing when applicable may also be used to discount and liquidate close-out and discontinued products/services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. 4.20 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List Pricing. The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing with NJPA. D. CEILING PRICE 4.21 Proposal pricing is to be established as a ceiling price. At no time may the proposed products/services be offered pursuant to this Contract at prices above this ceiling price without approval by NJPA. Prices may be reduced to allow for volume considerations and to meet the specific and unique needs of an NJPA Member. [WrIWA Page 62 of 339 D1 4', F I 1 1, (0 2 111 4.22 Allowable specific needs may include certain purchase volume considerations or the creation of custom programs based on the individual needs of NJPA Members. E. VOLUME PRICE DISCOUNTS 4.23 Proposers are free to offer volume discounts from the quantity-of-one pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 4.24 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time frame, seasonal considerations and provided the same manufacturer support is available to the Vendor. 4.25 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume cornmitments, and timing including the availability of special pricing from the Vendor's suppliers. 4.26 NJPA and NJPA Members may, from time to time, request goods and/or products/services within the scope of this RFP which are not included in an awarded Vendor's line-item product /service listing or "list or catalog" known as Sourced Goods. 4.27 An awarded Vendor resulting from this RFP may "Source" these products/services for NJPA or NJPA Member to the extent they: 4.27.1, Include in their bid response a cost-plus-percentage-of-cost pricing factor for such Sourced goods and services, and 4.27.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and services to be sourced as may reasonably be required by NJPA Member. 4.27.3 Provide "Sourced Goods" only to the extent that they are incidental to the total transaction being contemplated. 4.28 Except as provided in "Sourced Goods" above, cost plus a percentage of cost as a primary pricing mechanism is not desirable. H. TOTAL COST OF ACQUISITION 4.28 The Total Cost of Acquisition for the products/services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be disclosed in the Proposer's Response including but not limited to: • The capitalized cost of the listed products/services being proposed, • The cost of accessories, alterations, and customizations typically incurred in the acquisition of the products/services being proposed. • The cost of delivery, setup and installation (where applicable) of the products/services and any accessories being proposed. • Other costs, where applicable, typically associated with the purchase, delivery, set-up, and installation of the products/services being proposed and making it operational at the purchaser's site. 10TIM Page 63 of 339 ki 4.29 The Total Cost of Acquisition is to be stated "As Proposed." As an example, a materials only proposal, or portions of proposals, must include the total cost of acquisition for those materials delivered. In contrast, the Total Cost of Acquisition for a turn-key proposal must include the total costs to be incurred in the process of delivering that combination of products/services. I. REQUESTING PRODUCT AND SERVICE ADDITIONS/DELETIONS 4.36 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance. This information must ultimately come from Proposers, and NJPA is requiring it in this format. J. REQUESTING PRICING CHANGES Page 64 of 339 R F P 1 "1{',111 11 as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of our self and our Members. 4.39 Price Change Request Format: An awarded Proposer will use the format of a cover letter requesting price increases in general terms (a 5% increase in product line X) and stating their justification for that price increase (due to the recent increase in petroleum costs) by product category. Specific details for the requested price change must be attached to the request letter identifying product/services where appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing price increases are appropriate for documenting your requests here. K. PRICE AND PRODUCT CHANGES FORMAT 4.40 NJPA's due diligence regarding product and price change requests is to consider the reasonableness of the request and document consideration on behalf of our members. We would appreciate it if you would send the following documentation to request a pricing change: 4.40.1 A cover letter: a. Please address the following subjects in your cover letter: i. What product/service prices are changing? ii. How much are the prices changing? iii. Why are the prices changing? iv. Any additions or deletions from the previous product list and the reason for the changes. b. The specifics of the product/services and price changes will be listed in the excel spreadsheets indentified below. Please take a more general "Disclosure" approach to identifying changes in the cover letter. i. If appropriate, for example, state, "All paper products/services increased 5 % in price due to transportation costs." ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the product list is the new model replacing the 5400 series. The 6400's 3% price increase reflects the rate of inflation over the past year. The 5400 series is now included in the "Hot List" at a 20% discount from previous pricing until remaining inventory is liquidated." 4.40.2 An excel spreadsheet identifying all products/services being offered and their pricing. Each subsequent pricing update will be saved using the naming convention of "[Vendor Name] pricing effective XX/XX/XXXX." a. Include all products/services regardless of whether their prices have changed. By observing this convention we will: i. Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. ii. Create a historical record of pricing. L. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING 4.41 Initially; and with each request for product addition, deletion, and pricing change; all products/services and services available, and the prices for those products/services and services will be stated in an Excel workbook. The request for price changes described above will serve as the documentation for those requested changes. Each complete pricing list will be identified by its "Effective Date." Each successive price listing identified by its "Effective Date" will create a "Product and Price History" for the Contract. 4.42 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product MUM Page 65 of 339 groupings or to separately list product and service pricing as they see fit. 4.43 All products/services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service, or pricing change. 4.44 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. M. PAYMENT TERMS 4.45 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are encouraged to offer payment terms through P Card services. 4.46 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of your proposed. Proposers should submit an example of the lease agreement to be used. Proposers should identify: • General leasing terms such as: o The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease; and o The index rate being adjusted; and o The "Purchase Option" at lease maturity ($1, or fair market value); and o The available term in months of lease(s) available. • Leasing company information such as: • The name and address of the leasing company; and • Any ownership, common ownership, or control between the Proposer and the Leasing Company NIFROBIgnm 4.47 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. O. SHIPPING AND SHIPPING PROGRAM 4.48 Shipping program for material only proposals, or sections of proposals, must be defined and tabbed under Tab 9 as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is desired that delivery be made within ninety-days (90) of receipt of the Purchase Order. 4.49 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of "proposal pricing." 4.50 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the NJPA Member. 4.51 Selection of a carrier for shipment will be the option, of the party paying for said shipping. Use of another carrier will be at the expense of the requester. Page 66 of 339 4.56 Goods and materials must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at the item of delivery, the goods shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery. 4.57 Vendor shall deliver Contract conforming products in each shipment and may not substitute products without approval from NJPA Member. 4.58 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of a non-conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non- conforming product with conforming product. 4.59 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged goods. 4.60 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. P. NORMAL WORKING HOURS 4.61 Prices quoted are for products/services delivered during normal business hours. Normal Business hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchase/work order issued pursuant to a Contract resulting from this RFP. 5.1 Internal Marketing Plan: An award of Contract resulting from this RFP is an opportunity for the awarded contractor to pursue commerce with, and deliver value to NJPA and NJPA Members nationwide. 20 of 47 Page 67 of 339 An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded Vendor's door. Your internal marketing plan should serve to: 5.1.1 Identify the appropriate levels of sales management whom will need to understand the value of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA Members through your sales force. 5.1.2 Identify, in general, your national foot print and dedicated feet-on-the-street sales force that will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the sale force in terms of numbers and geographic distribution. 5.1.2.1 Identify whether your sales force are employees or independent contractors. 5.1.3 Identify your plan for delivering training to these individuals. 5.1.3.1 Will you have your sales force gathered at national or regional events in the near future? Does you sales force have the ability to participate in webinar or webeast events? 5.1.3.2 NJPA is prepared to provide our personnel in your location for sales training and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the appropriate groups within your employee base, and sufficient numbers of personnel trained. 5.1.4 Identify your personnel involved in training. 5.1.4.1 NJPA can provide personnel to deliver training regarding the Contract itself, the authority of NJPA to offer the Contract vehicle to its Members, the value the Contract vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the authority of NJPA Members to utilize our procurement contracts. 5.1.4.2, Your personnel will be needed to provide training regarding employee compensation and internal procedures when delivering the Contract opportunity, and how this Contract purchasing opportunity relates with other such opportunities available. 55 ® 2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity and reward which creates a personal commitment to the program. NJPA desires a marketing plan that: 5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement contract by relieving both the NJPA Member and the Vendor/Vendor's sales staff of the responsibility for bringing and answering many similar and individual RFP's; and 5.2.2 identifies the appropriate Vendor personnel from both management and sales staff s who will be trained on the use and utility of such a contract and a general schedule of when and how those individuals will be trained; and 5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of the Vendor will be affected by the implementation of the proposed Contract and how that will be proposed to those individuals in terms of the value created for them and their departments in 5. 1.1 above. 5.3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members nationwide. The Proposer must demonstrate the ability to both market and service their products/services/services nationwide. Please demonstrate your sales and service force contains sufficient people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a Page 68 of 339 personal commitment to serving NJPA and NJPA Members nationwide. 55 ® 4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate in marketing venues such as: NAEP National Association of Education Procurement I-ASBO International Association of School Business Officials NIGP National Institute of Government Purchasing 5.5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Contract and program to all NJPA Members nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available products/services to current and potential NJPA Members. NJPA reserves the right to deem a proposer non-responsive or to waive an award based on an unacceptable marketing plan. 55 ® 7 Facilitating NJPA Membership: Proposer should express their commitment to determine the membership status of their customers whom are eligible for NJPA Membership, AND their commitment to establishing that membership. 5.7.1 Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership and certain marketing activities as agreed to by NJPA and an Awarded contractor. 6, 1 1jiR.(.)P0S'A.J,, 0P1_',NTN(3 R00'- 22 of 47 Page 69 of 339 7, EVALUATION OF PROPOSAI.S A. PROPOSAL EVALUATION PROCESS 77 ® 1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. Bonus points may be available for specific proposal characteristics identified such as "Green Product Certifications." 77 ® 2 NJPA reserves the right to use a "Cost Scoring Evaluation" through a product comparison process of like products/services. This process will establish points for submitted price levels. See Cost Scoring Evaluation. 77 ® 3 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers war-ranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. 77 ® 4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness." 77 ® 5 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Review Committee. 7.6 The procurement activities of the NJPA Proposal Review Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. B. PROPOSER RESPONSIVENESS 77 ® 7 Proposer's Responses received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 77 ® An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain answers or responses to the information requested in the proposal forms. Any Proposer failing to provide the required documentation may be considered non-responsive. Page 70 of 339 17%, rs 77 ® 9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified as non responsive. 7.10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. 7.11 The Proposal Review Committee shall utilize the following criteria to evaluate all proposals received. Items 1-4 constitute the test for "Level One Responsiveness" and are determined on the proposal opening date. "Level 2" responsiveness is determined through the evaluation of the remaining items listed below. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. 1. The proposal response is received prior to the deadline for submission. 2. The proposal package was properly addressed and identified as a sealed bid with a specific opening date and time. 3. The proposal response contains the required certificate of liability insurance. 4. The proposal response contains original signatures on all documents requiring such. 5. Response's conformance to terms and conditions as described in the solicitation, including documentation. 6. Possesses qualifications as a responding Proposer that meets or exceeds those set within the solicitation. 7. Information from references and past performance information including past member approval. 8. Demonstrates that they offer the most current industry standard products/services and/or services. 9. Demonstrates financial stability and a favorable banking line of credit. 10. Demonstrates their products/services and/or services proposed meet and/or exceed industry standards accepted by educational or goverm institutions. 11. Has demonstrated market place success and their past performance exhibit an acceptable reputation. 12. Demonstrates the company possesses the background, knowledge, capacity, and ability to sell, deliver, and support products/services offered to Members. 13. Has provided documentation defining, outlining, and describing their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded Contract. 14. Has provided all of the required and applicable documentation required i.e. insurance certificates, licenses, and/or registration certificates required to do business nationally. 15. Line-Item Pricing, in approved excel format, listing of all of the proposed products/services and warranty provisions with their associated units of costs. 16. Core List selection of products/services in Line-Item Pricing format 17. Hot List Pricing products/services in a Line-Item Pricing fonnat (where applicable). 18. Contract Pricing submitted as requested to include core list or products/services, Line-Itein Pricing and/or Percentage Discount from published gov/ed price list or Catalog. C. PROPOSAL EVALUATION CRITERIA 7.12 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 7.13 Consideration will be given in the award based on the completion and degree of information provided regarding available products, equipment, and accessories, as well as, applicable parts of the Proposer Information and Questionnaire. 7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or MEW A Page 71 of 339 services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. 7.15 The Proposer is required to have extensive knowledge and at least three (3) years experience with the related activities surrounding the selling of the equipment, service or related products offered. 7.16 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 7.17 Consideration will be given in the proposal evaluation based upon the selection, variety, technological advances, and demonstrated quality of products submitted, technological advances, and pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole source of responsibility within the scope of this RFP will be positively reviewed. 25 of 47 Page 72 of 339 11[` 10 1[, 11 submission. 7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Review Committee based on criteria identified as being both "optional" and "having additional value" 7.28 NJPA reserves the right to use this process in the event the evaluation committee feels it is necessary to make a final determination. E. PRODUCT TESTING 7.30 NJPA reserves the right to request and test products/services and/or services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer's resources, personnel, and organization within three (3) days. R PAST PERFORMANCE INFORMATION 7.31 Past performance infonnation is relevant information regarding a Proposer's actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's businesslike concern for the interests of the NJPA Member. G. WAIVER OF FORMALITIES 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept 26 of 47 Page 73 of 339 !, 1 1 �I 1{ W, I II �flti "12 1 S" I proposals, which, in its discretion and according to the law, may be in the best interest of its members. 8', TIOS'T'- ()P NSLJI"'S A. SUBSEQUENT AGREEMENTS 27 of 47 Page 74 of 339 tr rho 0 2 Al I B. NJPA MEMBER SIGN-UP PROCEDURE 8 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership C. REPORTING OF SALE ACTIVITY 8.8 A report of the total gross dollar volume of all products/services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name and address of purchasing agency, amount of purchase, and a description of the items purchased. E. HUB PARTNER 8.10 Hub Partner: Where Applicable, NJPA Members may, from time to time, request to be served in some way through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other considerations. 8.11 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member provide that: 8.11.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction. and 8.11.2 To the extent that the he Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is "Executed for the Benefit of [NJPA Member Name]". 8.12 Where Appropriate, the value in US Dollars, of Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade-In" value shall be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration to that purchase order. U.'rox Page 75 of 339 G. OUT OF STOCK NOTIFICATION IL TERMINATION OF CONTRACT RFSIJL'I'TNG FROM THIS R 8.14 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: 8.15 Each party shall follow the below procedure if the Contract is to be terminated for violations or non-performance issues: Step 1: Issue a warning letter outlining the violations and/or non-performance and state the length of time (10 days) to provide a response and correct the problem(s) if reasonably possible in such time frame. Step 2: Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50) days. Step 3: Issue letter to cancel Contract for cause. 8.16 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. 8.17 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. 8.18 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Prior to commencing services under this Contract, the Proposer/Vendor must furnish NJPA certification from insurer(s) proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of Page 76 of 339 11111 I'll ' P 111 "'1" L t 11i� insurance to any NJPA member or member using this Contract. 8.21 Events of Automatic termination to include: 9. GENER ALT ERMS AND CONDITIONS A. ADVERTISEMENT OF RFP 99 ® 1 As a policy, NJPA shall advertise this solicitation 1) for two consecutive weeks in both the print and on-line editions of the MINNEAPOLIS STAR TRIBUNE, 2) it shall be placed on a national wire service by the MINNEAPOLIS STAR TRIBUNE, 3) it shall be posted on NJPA's website, 4) it shall be posted to the website of "Noticetobidders.com," and 5) it shall be posted to other third-party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync, B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP 9.2 ProposerNendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. C. APPLICABLE LAW 9 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as many state laws as possible. It is the responsibility of each participating NJPA member to insure to their satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to assist NJPA and the NJPA member in this research to the benefit of all involved. 99 ® 4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern contracts resulting from this solicitation. 99 ® 5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. Page 77 of 339 W T 9.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. 99 ® 6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the acquisition, manufacturer, or sale of the products/services resulting from this RFP. 9 All applicable laws, whether or not herein contained, shall be included by this reference. It shall be Proposer's/Vendor's responsibility to determine the applicability and requirements of any such laws and to abide by them. 9 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 99 ® 9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. D. ASSIGNMENT OF CONTRACT 9.11 No right or interest in this Contract shall be assigned or transferred by the Proposer/Vendor without prior written permission by the NJPA. No delegation of any duty of the Proposer/Vendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned to a comparable Vendor at the discretion of NJPA. 9.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. E. PROPOSERS LIST 9.13 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the scope of the potential Members and national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals. F, CAPTIONS,1- HEADINGS, AND ILLUSTRATIONS 9.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. Page 78 of 339 G. CON FIDWrIAL INFORMA.TioN 9.15 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement to determine whether the information shall be withheld. If NJPA determines to disclose the information, the Executive Director of NJPA shall inform the Proposer, in writing, of such detennination prior to award of Contract to Proposer. H. DATA PRIVACY 9.16 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including HIPP concerning the handling and disclosure of private and confidential information regarding individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of private/confidential information. 9.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. 9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Acceptance and Award Form document (see Fonn D). J. FORCE MAJEURE 9.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions- intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of products/services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the other party of such delay within forty-eight (48) hours. K. GRATUITIES 9.19 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Proposer/Vendor or any agent or representative of the Proposer/Vendor, to any employee of the NJPA are deemed to be excessive with a view toward securing a contract or with respect to the performance of this Contract. L. HAZARDOUS SUBSTANCES 9.20 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication Standard, must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. 32 of 47 Page 79 of 339 M. LEGAL REMEDIES 9.21 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is domiciled. 9.22 ProposerNendor shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business conducted by the ProposerNendor. 9.23 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered products/services to NJPA and NJPA Members in all states. Documentation of said licenses and authorities, if applicable, is requested. 0. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 9.24 The apparent successful Vendor shall be required to supply the names and addresses of sourcing suppliers and sub-contractors when requested. 9.25 Awarded Vendors under this RFP will be the sole source of responsibility for transactions originating that award. The Awarded Vendor is solely responsible for products/services and services provided by third party sourcing or service providers. R NON-WAIVER OF RIGHTS 9.26 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. Q. PROTESTS OF AWARDS MADE 9.27 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with appropriate state statutes of Minnesota. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) days after the public notice or announcement of the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: 1. The name, address and telephone number of the protester; 2. The original signature of the protester or its representative; 3. Identification of the solicitation by RFP number; 4. Identification f the statute or procedure that is alleged to have been violated; 5. A precise staternent of the relevant facts; 6. Identification of the issues to be resolved; 7. The aggrieved party's argument and supporting documentation. R. PROVISIONS REQUIRED BY LAW 9.28 ProposerNendor agrees in the performance of a Contract resulting from this RFP, it has complied with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any State thereof. kt] off ZYA Page 80 of 339 S. PUBLIC RECORD 9.29 All proposals submitted to this invitation shall become the property of the NJPA and will become a matter of public record and available for review subsequent to the award notification. Proposals may be viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m. T. RIGHT TO ASSURANCE 9.30 Whenever one party to this Contract has reason to question the other party's intent to perform, he/she may demand a written assurance of this intent. In the event a demand is made and no written assurance is given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided, however, in order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return receipt requested or national overnight delivery service with proof of delivery. I.J. SUSPENSION OR DISBARMENT STATUS V. HUMAN RIGHTS CERTIFICATE 9.32 If Proposer is not domiciled in Minnesota and has NOT on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a statement to that effect. 9.33 If Proposer is not domiciled in Minnesota and has on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must document their application for a Human Rights Certificate issued by the Minnesota Commissioner of Human Rights. Proposer must also document receipt by the Minnesota Commissioner of Human Rights of that application and the Proposer's affirmative action plan for the employment of minority persons, women, and qualified disabled individuals. 9.34 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a copy of their "Certificate of Compliance" from the Commissioner of the Minnesota Department of Human Rights. W. SEVERABILITY 9.35 In the event that any of the tenns of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such tenns shall be deemed stricken from a Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of a Contract resulting from this RFP. X. RELATIONSHIP OF PARXIES 9.36 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not m3mm Page 81 of 339 intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master-servant, principal—agent, or any other relationship. Except as provided elsewhere in this R-FP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein. Page 82 of 339 19 'Lila z I Proposer Name: Questionnaire completed by: Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft Word/Excel document version of this questionnaire to respond to the questions contained herein. Please provide your answer to each question indented below the question. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by evaluators. Company Information 1 ) Why did you respond to this RFP? 2) Provide a brief history of your company that includes its goals and philosophy. 3) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee the implementation and operation of a Contract resulting from this RFP. 4) How long has your company has been in the ELEVATORS, ESCALATORS, POWER WALKS WITH RELATED SERVICES, ACCESSORIES AND SUPPLIES, industry? 5) Is your organization best described as a manufacturer or a distributor/dealer,"re-seller for a manufacturer of the products and services being proposed? a) If the Proposer is best described as a re-seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products you are proposing. b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force and/or Dealer Network in delivering the products and services proposed. Are these people your employees, or the employees of a third party? 6) For public companies, provide your most recent annual report to shareholders. 7) For private companies, provide your most recent year-end financial statements, your bond rating, and/or a credit reference from your bank. 8) Provide a discussion of licenses and certifications both required to be held, and actually held by your organization in pursuit of the commerce contemplated by this RFP. 9) Provide a discussion of licenses and certifications both required to be held, and actually held by third parties and sub- contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please respond with "Not Applicable." Industry-Marketplace Successes 10) List and document recent industry awards and recognition. 11) Supply three references/testimonials from customers similar to NJPA Members. Please include the customer's name, contact, and phone number. 12) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes from the past year. 13) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non- profit agencies for the last three (3) fiscal years. Proposer's ability to sell and service nationwide. 14) Please describe your sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or Page 83 of 339 2, are they employees of a third party? 15) Please describe your service force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or are they employees of a third party? 16) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time commitments. 17) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the proposed contract. 18) Identify any of NJPA Member segments you will NOT be serving? (Government, Education, Non-profit) Marketing Plan 19) Describe your training program for both greet-the-public and sales management levels relating to a NJPA award. 20) Describe your general marketing program strategy to promote the proposed Contract nationally. 21) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. As-much as possible, please send marketing materials in -electronic format only to save paper. 22) Describe your use of technology and the internet to provide marketing and product awareness. 23) Describe your perception of NJPA's role in marketing the partnership and your products/services. 24) Describe the unique quality of the products/services in your proposal in relationship to others available in the market. Value Added Attributes 25) Describe any training programs available as options for members. 26) Describe technological advances your proposal products/services offer. 27) Describe your "Green" program as it relates to your company, your products, and your recycling program, including a list of all green products accompanied by the certifying agency for each. 28) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations of your organization directly involved in a Contract resulting from this RFP. 29) Identify any other unique or custom value added attributes. 30) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products or services being offered. 3 1) Identify your ability and willingness to service Canada specifically and internationally in general. 32) Describe any unique distribution method employed in your proposal. Payment Terms and Financins Options 33) Identify your payment terms. (Net 30, etc.) 34) Identify any applicable leasing or other financing options as defined herein. 35) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member's final Contract phase process). ar ran 36) Describe, in detail, your Warranty Program including conditions to qualify, claims procedure, and overall structure. 37) Do all warranties cover all material and labor? 38) Do warranties impose usage limit restrictions? 39) Do warranties cover the technicians travel time to perform warranty repairs? 40) Please list any other limitations or circumstances that would be covered under your warranty. 41) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How do NJPA Members in these regions receive warranty work? Other Cooperative Procurement Contracts Held 42) Identify all cooperative governmental procurement contracts which are marketed in more than one state held or utilized by the Proposer. 37 of 47 Page 84 of 339 43) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United States. 44) Identify any GSA Contracts held or utilized by the Proposer. 45) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments, etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. Products /Services and Pricing 46) Provide a general narrative description of the products/services and services you are offering in your proposal. 47) Provide a general narrative description of your pricing model identifying how the model works (line item and/or percentage discount). 48) Propose a strategy, process, and specific method of facilitating "Sourced Goods" solution as defined herein. 49) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with regard to all products/services and being proposed. Provide a SKU number for each item being proposed. 50) Provide a "CORE LIST" of products/services (as anticipated and defined by Proposer to meet or exceed the NJPA members needs) as a separate and named spreadsheet. Include special pricing, if any, on these items. 5 1) Provide, if any, your volume rebate programs 52) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these items are payable and their relationship to Proposer. 53) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering. Prices offered in this proposal are: a. The same as typically offered to an individual municipality or school district. b. The same as typically offered to cooperative procurement organizations or state purchasing departments. c. Better than typically offered to cooperative procurement organizations or state purchasing departments. (Your proposal will be considered "Non-Responsive" if this question is not answered) 54) Do you offer quantity or volume discounts? YES NO Outline guidelines and program. 55) Describe your shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as they relate to Alaska and Hawaii. 56) Identify the Proposer's proposal for an administrative fee payable to NJPA for facilitation and promotion of the Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales. Authorized Signature (Saine signature as on Proposal Affidavit Signature and Acceptance Form) 38 of 47 Page 85 of 339 RFP 102111 Form B Company Name: Address: City/State/Zip: Phone: Toll Free Number: Web site: Fax: E-mail: Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible COMPANY PERSONNEL CONTACTS Contract Manager: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Page 39 of 47 Page 86 of 339 RFP 102111 11 100[s) DI W I I AND SPECIFICATIONS REQUEST Company Name: Note: Original must be signed and inserted in the inside front cover pouch. Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. Please sign and date the bottom of each page of this document. RFP Page Number Section Term, Condition, or Specification Exception Page 40 of 47 Page 87 of 339 Uff U I low W Proposal Offering Company Name: Company Address: City: Contact Person: Authorized Signature (ink only): State: Title: Zip: (Name printed or typed) Contract Acceptance and Award (To be completed only by NJPA) Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, and the Proposer's Response. The effective date of the Contract be and continue for four years thereafter AND which is subject to annual renewal at the option of both parties. National Joint Powers Alliance@ (NJPA) NJPA Authorized signature: Page 41 of 47 Date: Page 88 of 339 0112"Homf PROPOSER.,.A.SSURANCE OF (' I -------------------- Form E Proposal Affidavit Signature Page 19 9: V71 2 �, �) The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the "Proposer"), being duly sworn on his/her oath, states to the best of his/her belief and knowledge: I . The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will posses prior to the delivery of any goods and services, all applicable licenses necessary for such delivery, and that they are authorized to act on behalf of, and encumber the "Proposer" in this Contract, and 2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non-offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition in the letting of the Contract sought for by this RFP, and 3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract, and 4. Neither 1, the Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985, and 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal, and 6. If awarded a contract, the Proposer will provide the products/services and/or services to qualifying members of the NJPA in accordance with the terns, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation, and 7. The undersigned, being familiar with expectations and specifications request outlined in this RFP under consideration, hereby proposes to deliver through valid service request, Purchase Orders or forms for NJPA Members per this RFP, only new, unused and first quality products/services and services to designated NJPA Members, and 8. The Proposer has carefully checked the accuracy of all items and listed total price per item in this proposal. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment and delivery of services as outlined, and 9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP, and 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the federal, state, and local laws, regulations, rules, and orders, and 11. If Proposer has more than 40 employees in the state in which their principal place of business is located, Proposer Page 42 of 47 Page 89 of 339 11JUJIN"ff I= hereby certifies their compliance with federal affinnative action requirements. [•IST M �$ NI M MW Contact Person for Questions: Phone: (Must be individual who is responsible for fiffi out - Mi - s Proposer's Response form) Address: City/State/Zip: Telephone Number: Fax Number: E-mail Address: Authorized Signature: Authorized Name (typed): Title: Date: Warr= I Subscribed and sworn to before me this _1 the day of 20 rmmnmnmjma�� My commission expires: Page 43 of 47 State of Page 90 of 339 l l' l :CW Q.,RALL, In accordance with accepted standards of competitive sealed proposal awards as set forth in the Minnesota Procurement Code, competitive sealed proposals /awards will be made to responsible Proposers whose proposals are determined in writing to be responsive and also be the most advantageous to NJPA and its NJPA Members. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set for "Proposer Responsiveness." A proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. Evaluation for: For the Proposed Subject ELEVATORS, ESCALATORS, POWER WALKS WITH RELATED SERVICES, ACCESSORIES AND SUPPLIES, The evaluation criteria for this solicitation, not arranged in order of importance: Available Pnintc Paints Awarded Conformance to terms and conditions to include documentation 75 Pricing 300 Industry and Marketplace Successes 50 Bidder's Ability to Sell and Service Contract Nationally 100 Bidder's Marketing Plan 75 Value Added Attributes 75 Invoicing Payment Terms and Financing Options 25 Warranty Coverages and Information. 100 Selection and Variety of Products and Services Offered 200 iotai mints luuu u Bonus Points awarded for: Bidders "Green" characteristics 50 Bidders Dissadvantaged Business Entity Charactoristics 50 Overall Evaluation Points 1100 0 Proposed Reviewed by: Its Its Page 44 of 47 Page 91 of 339 QPA "Iff FORM H State Of Minnesota — Affirmative Action Certification If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and—if required—to apply for Human Rights certification prior to the due date and time of the proposal or proposal and to obtain Human Rights certification prior to the execution of the contract. The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A — For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. All other companies proceed to BOX B. Your response will be rejected unless your business: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) -or- has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. Check below. E3 We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous 12 months. Proceed to BOX C. By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by the federal government.) Name of Company: ® Date Authorized Signature: — Telephone number: Printed Name: fflo For assistance with this form, contact: Minnesota Department of Human Rights, Compliance Services Section Mail: 190 East 5` St., Suite 700 St. Paul, MN 55 1 01 TC Metro: (651) 296-5663 Web: www.humanrights.state.MD.US Fax: (651) 296-9042 Page 45 of 47 Toll Free: 800-657-3704 TTY: (651) 296-1283 Page 92 of 339 State of. inesota — Immigration Status Certification By order of the Governor's Executive Order 08-01, vendors and subcontractors MUST certify compliance with the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 et seq.) and certify use of the E-Verift system established by the Department of Homeland Security. If any response to a solicitation is or could be in excess of $50,000, vendors and subcontractors must certify compliance with items I and 2 below. In addition, prior to the delivery of the product or initiation of services, vendors MUST obtain this certification from all subcontractors who will participate in the performance of the contract. All subcontractor certifications must be kept on file with the contract vendor and made available to the state upon request. If the contract vendor and/or the subcontractors are not in compliance with the Immigration Reform and Control Act, or knowingly employ persons in violation of the United States immigration laws, or have not begun or implemented the E-Verify program for all newly hired employees in support of the contract, the state reserves the right to determine what action it may take. This action could include, but would not be limited to cancellation of the contract, and/or suspending or debarring the contract vendor from state purchasing. For assistance with the E- Verify Program Contact the National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833). For assistance with this form, contact: Mail: 112 Administration Bldg, 50 Sherburne Ave. St. Paul, MN 55155 E-mail: MMD [pjp.Line@state.mn.us Telephone: 651.296.2600 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Page 46 of 47 Page 93 of 339 Pre-submission Checklist Page 47 of 47 Page 94 of 339 Addendum 101311 To that certain Issued by I The National Joint Powers Alliance For the procurement of: Vur address identified as s, 11A 56479 shall be updated to 202 12" ST AE Staples, MN 56479. previous use of this solicitation. You are ftw to format your pricing in any way you feel best depicts our Member's needs and your approach to solving those needs. ` Page 95 of 339 www nipocoop.org P , i J , PA National Joint Powers Alliance' 200 First Street NF Staples, MN 56479 Bid Opening Witness Date of opening: October 21, 2011 The witnesses signed below hereby witness they were present on the above date and in witness of the public opening of all Bidder's responses received to the Invitation For Bid #100411 for the procurement of ELEVATORS, ESCALATORS, POWER WALKS WITH RELATED SERVICES, ACCESSORIES AND SUPPLIES by NJPA and NJPA Members. Bids are evaluated first on Bidder Responsiveness then on the other criteria included in the IFB. Bidder Responsiveness consists of the following criteria: 1. Was the bid response received prior to the deadline of submission? 2. Was the bid properly packaged and addressed? 3. Did the bid contain the proper bid bond? 4. Did the bid include documents with original signatures that were required? Bid responses were received from the following Bidders: Thyssen Krupp Elevator — received 10/18/11 at 11 :00AM Bidder deemed responsive. WITNESSES: Gregg Mligxhofer Maria f Bids and Contracts, NJPA / 1 Ginger Lirl ,JCy(ntracts Specialist, NJPA Specialist, NJPA hhbl�� 10/21/11 10/21/11 10/21/11 Page 96 of 339 Form G - Elevators 102111 Possible ThyssenK Points rUuu Conformance to terms and conditions to include documentation 75 67 Pricing 300 250 Industry and Marketplace Successes 50 37 Bidder's Ability to Sell and Service Contract Nationally 100 92 Bidder's Marketing Plan 75 69 Value Added Attributes 75 64 Invoicing Payment Terms and Financing Options 25 21 Warranty Coverages and Information. 100 78 Variety of E and and Services 200 160 i otai Points UOU 535 - - - - - Bonus Points awarded for: Bidders "Green" characteristics 50 30 Bidders Dissadvantaged Business Entity Charactoristics 50 13 - Overall Evaluation Points 1,100 882 11/7/2011 C 1 11712 0 1 1 11/7/2011 Page 97 of 339 4 W National Joint Powers Alliance 200 First Street NE • Staples MN, 56479 888.844 -1930 • www.njpacoop.org COMMENT AND REVIEW To the REQUEST FOR PROPOSAL (RFP) #102111 Entitled ELEVATORS, ESCALATORS, POWER WALKS WITH RELATED SERVICES, ACCESSORIES, AND SUPPLIES The following advertisement was placed in the Star Tribune on September 14, 2011 and September 21, 2011 and the Daily Journal of Commerce on September 14, 2011 through September 20, 2011 and on the NJPA website www.nipacoop.org and on noticetobidders.coin website: The National Joint Powers Alliances (NJPA) on behalf of itself and its current and potential Members nationwide issues this request for proposal (RFP) to provide ELEVATORS, ESCALATORS, POWER WALKS WITH RELATED SERVICES, ACCESSORIES AND SUPPLIES, Details of this RFP are available beginning September 14, 2011 and continuing until October 5, 2011. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 200 First Street Northeast, Staples, MN 56479, or by e -mail at RFP@,njpacoop.org Proposals will be received until October 20, 2011 at 2:00 p.m. Central Time at the above address and opened October 21, 2011 at 8:00AM Central Time. RFP's were requested from and distributed to: Construction Industry Center Schindler Elevator Corporation ThyssenKrupp Elevator Ainericas United States Elevator Late inquiries were received from: Bid Ocean Elevator Advisory Group, Inc. OTIS Elevator Company State of Louisiana ThyssenKrupp Elevator Corporation Bid Ocean, Inc. Bids were opened on October 21, 2011 at the offices of NJPA offices 202 12th Street Northeast in Staples, Minnesota 56479. All bids received were deemed responsive. Bids were received from the following: ThyssenKrupp Elevator Bids were reviewed by the Bid Review committee consisting of. PA National Joint Powers Alliance 200 First Street NE - Sta !es MN 56419 r 888- 694•1930 - www.nipacoop.org Tracy Plinske, Coordinator of Bids and Contracts Keith Hanson, Assistant to Manager of Financial Services, CPA The findings of the Bid Review Committee are summarized as follows: The Bid Evaluation Committee found the bid response to be generally well put together and Offering a wide array of products and services. We feel that ThyssenKrupp Elevator will be able to service our members the best, The Committee also found the bids to be within a "Competitive Range ". For these reasons the NJPA Evaluation Team recommends award of NJPA #102111 to ThyssenKrupp Elevator as contract number 102111 -TKE. of Bids and Contracts Gregg iVl`erhofer, Coo , ator of Bids and Contracts .0.. ` u Lk Tracy P 'nske, Coor inator of Bids and Contracts Keith Hanson, Assistant to the Manager of Financial Services, CPA ate (( - 7 - '( Date .Date 11 Date Regular Meeting Minutes of the NATIONAL JOINT POWERS ALLIANCE® Board of Directors Tuesday, November 15, 2011 Executive Conference Room Chair Wolden called the meeting to order at 5:30 p.m. with the following members present: Mike Wilson, Barb Schmitt, Randy Pepin, Wayne Wolden, Scott Veronen, Barb Neprud and Lane Waldahl. Also present were David Jessop, Diana Pihlaja, Todd Lyscio, Mike Hajek, Susan Nanik, Matt Peterson and Rynell Schock, staff. Special guests attending were Richard Sly, Sr., Richard Sly, Jr., and Chris Arenz of Sorenson Gross Construction. Mr. Pepin moved, seconded by Mr. Waldahl to accept the agenda as amended. Motion carried. Ms. Schmitt moved, seconded by Mr. Veronen to accept the minutes of the Regular Board Meeting held on October 18, 2011. Motion carried. Sorenson Gross representatives shared their commitment to NJPA and the EZIQC process. Ms. Pihlaja presented the monthly Financial Reports. Ms. Schmitt moved, seconded by Mr. Wilson to approve the check register and Treasurer's Report of Cash Revenues, and Expenditures and to pay all vendor disbursements #76357 to #76556. Motion carried. Ms. Schmitt moved, seconded by Mr. Pepin to approve Wire Transfers #077 to #102. Motion carried. Mr. Waldahl moved, seconded by Mr. Wilson, to accept the Consent Agenda as amended: • Approve updated Membership Agreements • Request authorization to a. Re -bid Auto and Truck Parts with Related Accessories b. Bid Airfield Marking Paint, Glass Beads and Related Accessories and Services • Approve Bid Evaluation Committee's Recommendation to Award RFP #100411 for Health Insurance and /or Related Healthcare Services to a. Aflac b. Humana c. Life Line Screening • Approve Bid Evaluation Committee's Recommendation to Award RFP #102111 for Elevators, Escalators, Power Walks with Related Services, Accessories and Supplies to a. ThyssenKrupp Elevator • Approve Bid Evaluation Committee's Recommendation to Award RFP #110211 for EZIQC- California to a. MAK Construction & Project Maangement CA01 -B1- 110211 b. Harry H. Joh Construction Inc. CA01 -B2- 110211 c. New Creation Builders CA01 -B3- 110211 d. Harry H. Joh Construction Inc. CA02 -B1- 110211 e. New Creation Builders CA02 -B2- 110211 f. Staples Construction Company, Inc. CA03 -B1- 110211 g. Centennial Contractors Enterprises, Inc. CA03 -B2- 110211 h. F.H. Paschen, S.N. Nielsen, Inc. CA03 -B3- 110211 Page 100 of 339 . Approve Renewal of Agreements with a. Caterpillar, Inc. #082409 b. DATTCO, Inc. #083110 c. Mondo USA #081910 d. National Bus Sales and Leasing, Inc. #083110 e. Schetky NW Sales, Inc. #083110 f. School Specialty, Inc. #052910 g. United Rentals, Inc. #101310 h. Zee Medical, Inc. #082609 Motion carried. Mr. Hajek gave the Contract Purchasing update. He distributed the current Contract Directory and spoke about a few of the Vendors. He reported on the Get To Know (N.IPA) meetings being held by contract managers traveling for tradeshows whenever possible. Mr. Jessop gave the Risk Management update. He and Ms. Dwyer are currently doing open enrollment meetings. Ms. Schock gave the Education Solutions update. She reported on several initiatives going on in Education Solutions. She has been working with Resource Training and Solutions to submit a Grant. Ms. Schmitt moved, seconded by Mr. Waldahl to adopt and approve a Facility Use Policy. Motion carried. Mr. Wilson moved, seconded by Ms. Neprud to approve the renewal of EZIQC contract with Sorenson Gross Construction Services LLC as follows: a. MNO3A- 072810 b. MN6 &8- 041409 c. MN09- 041408 d. MN 10- 041408 Mr. Lyscio reported on the pursuit of a partnership with Central Lakes College for a Videography Internship. He reported on the MSC meeting he attended on November 7 He gave a recap of the Open House held earlier in the day. He gave an update of Region 5 activities. Ms. Schmitt moved, seconded by Mr. Waldahl to approve hiring Vicki Dypwick as Education Consultant starting November 1 St and Sheila Christoffersen as part -time Receptionist starting November 7 Motion carried. Mr. Pepin moved, seconded by Mr. Veronen to accept the resignations of Rochelle Woods, CSW, effective October 21 Melissa Schmidt, CSW, effective November 18 and Tracey Malone, CSW effective December 31 and open positions. Motion carried. Mr. Wolden moved, seconded by Mr. Wilson to approve hiring Laura Dalland, CSW, starting November 21 and Traci Potvin, CSW, starting November 28 Motion carried. Ms. Neprud moved, seconded by Mr. Pepin to accept with regrets the resignation of Greg Haglin, Contract Manager, effective December 31 Motion carried. Page 101 of 339 Ms. Schmitt moved, seconded by Mr. Wilson to approve a Project Contract with Greg Haglin effective January 1, 2012. Motion carried. Mr. Lyscio reported the MSBA Conference will be held January 12 -13, 2012 at the Minneapolis Convention Center and stated the MSC Board of Directors Meeting, for which Mr. Wolden and Mr. Wilson are the NJPA representatives, will be held January 11, 2012. Mr. Pepin reported Upsala had made AYP, had passed their referendum and now have a positive fund balance. Ms. Schmitt reported Staples - Motley is doing fine and positive changes are happening in their district. Mr. Wilson moved, seconded by Mr. Wolden to adjourn the meeting at 7:40 p.m. Motion carried. Page 102 of 339 6.E. CONSENT AGENDA 1/6/2015 REQUESTED ACTION BY COMMISSION: Approve utilizing the State of Florida Contract with Lou's Police Distributors, contract no. 680 - 050 -12 -1 for the purchase of ammunition, guns, gun parts and miscellaneous cleaning equipment and supplies on an "As Needed" basis, for an anticipated FY 2015 expenditure of $64,500. EXPLANATION OF REQUEST: The Police Department provides their personnel with supplies to perform their duties in law enforcement for the safety of City of Boynton Beach citizens. Guns, gun parts and accessories and ammunition are all part of the required equipment carried by Police Officers. The State of Florida issued a bid for Ammunition and Less Lethal Products and Combined Systems, Inc. was an awarded vendor. Lou's Police Distributors is a Certified Dealer to Combined Systems for the sale of police supplies (guns, ammunition and training ammunition) with a 30% discount off manufacturer's suggested retail price. Previous years expenditures: FY14 $46,000 FY13 $17,100 FY12 $ 8,500 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By utilizing the State of Florida Contract for Ammunition and Less Lethal Products, the Police Department can order required supplies without securing three quotes for each purchase. FISCAL IMPACT: Budgeted Three accounts have funds budgeted for these purchases as follow: 001 - 2111- 521 -52 -51 $33,500.00 001 - 2110 - 521 -52 -50 $28,000.00 001 - 2111- 521 -52 -50 $ 3,000.00 ALTERNATIVES: The City could issue its own bid, but by utilizing the State of Florida Contract, the Department benefits from the lower pricing as a result of volume purchasing by the State. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 103 of 339 Grant Amount: ATTACHMENTS: Type Contract Contract REVIEWERS: Department F inance F inance Legal City Manager Description ;Mate of Florida Contract 660 - 050 -12 -1 ;Mate of 1 =L contract verification Reviewer Action 1- coward, Tim Approved Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved Date 1211612014 - 11:16 Al 1211612014 - 11:16 Al 1212312014 - 1:33 PM 1212312014 - 1:39 PM Page 104 of 339 AMENDMENT NO.4 State Term Contract 680- 050 -12 -1 Ammunition & Less - Lethal Products This Amendment No. 4 (Amendment), is effective September 30, 2014, to the State Term Contract for Ammunition & Less - Lethal Products, No. 680 -050 -12 -1 (Contract), effective between the State of Florida, Department of Management Services (Department) and Lawmen's & Shooters' Supply, Inc. (Contractor). Department and Contractor are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein. WHEREAS upon mutual agreement, the Department and the Contractor agree to amend the Contract, in accordance with section 5.8 (Price Adjustment) with an increase for Lawmen's & Shooters' Supply, Inc.; and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1.0 Contract Amendment. Pursuant to section 5.8 of the State Term Contract, the State Term Contract No. 680 - 050 -12 -1, the current price sheets for Lawmen's & Shooters' Supply, Inc. are hereby replaced with the attached Lawmen's and Shooters' Price List September 2014. These prices are effective September 30, 2014. 2.0 Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 3.0 Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind their respective party. 4.0 Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Department of Management Services: Contractor: Lawmen's & Shooters' Supply By: Name: Kelley J. Scott, Name: Director of State Purchasing Title: and Chief Procurement Officer Title: Date: Date: Page 105 of 339 AMENDMENT NO. 3 Renewal No. 3 State Term Contract 680- 050 -12 -1 Ammunition & Less - Lethal Products This Amendment No. 3 (Amendment), is effective September 30, 2014, to the State Term Contract for Ammunition & Less - Lethal Products, No. 680 -050 -12 -1 (Contract), effective between the State of Florida, Department of Management Services (Department) and (Contractor). Department and Contractor are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein. WHEREAS the Contract was originally entered on September 28, 2011 with the Contractor for the provision of ammunition and less- lethal products, and is scheduled to expire on September 30, 2014; and WHEREAS upon mutual agreement, the Department and the Contractor agree to amend and renew the Contract, in accordance with Contract sections 4.0 Renewal and 4.26, 4.42 and 5.1: and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1.0 Contract Amendment and Renewal. State Term Contract, Contract No. 680- 050 -12 -1 is renewed for a period of one year at the same terms and conditions, with a new contract expiration date of September 30, 2015. 2.0 Preferred Pricing Affidavit Requirement. An authorized representative of the Contractor shall provide a fully completed, signed and notarized Preferred Pricing Affidavit (Attachment 1) to the contract manager together with this signed Amendment No. 3 Renewal No. 3. 3.0 Public Records. This Contract is amended to add paragraph, 5.14 Public Records, as follows: "5.14 Public Records If, under this contract, the Contractor is providing services and is acting on behalf of the Department as provided under section 119.011(2), Florida Statutes, the Contractor, subject to the terms of section 287.058(1), Florida Statutes, and any other applicable legal and equitable remedies, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Page 106 of 339 (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. (e) The Department may unilaterally cancel this Contract for refusal by the Service Provider to comply with this section by not allowing public access to all documents, papers, letters, or other material made or received by the contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Arta 1 of the State Constitution and s.119.07(1)." 4.0 Additional Terms and Conditions. This Contract is amended to add paragraph 5.15, regarding bill detail, access to public records and dates for completion. "5.15 Additional Terms and Conditions The provisions of section 287.058(1) (a), (c), and (f), F.S. are hereby incorporated by reference." 5.0 Conflict. To the extent any of the terms of this Amendment conflict with the terms of the contract, the terms of this Amendment shall control. 6.0 Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind their respective party. 7.0 Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Contractor Department of Management Services: By: Name: Kelley J. Scott, Director of State Purchasing Title: and Chief Procurement Officer Date: Ammunition and Less Lethal Products State Term Contract No. 680 - 050 -12 -1 By: _ Name: Title: Date: Page 2 of 3 Page 107 of 339 State Term Contract No. 680 - 050 -12 -1 Amendment No. 3 Renewal No. 3 Attachment 1 - Preferred Pricing Affidavit Preferred Pricing Affidavit REGARDING THE CONTRACT BETWEEN (THE "CONTRACTOR ") AND THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CONTRACT NO.: DATED (THE "CONTRACT ") PURSUANT TO SECTION 216.0113, FLORIDA STATUTES, THE UNDERSIGNED CONTRACTOR HEREBY ATTESTS THAT THE CONTRACTOR COMPLIES WITH THE PREFERRED - PRICING CLAUSE CONTAINED IN SECTION 5.13 OF THE CONTRACT. PRINT CONTRACTOR NAME: BY: SIGNATURE OF AUTHORIZED REPRESENTATIVE PRINT REPRESENTATIVE'S NAME /TITLE: FRMTM STATE OF _ COUNTY OF Sworn to (or affirmed) and subscribed before me this day of by Signature of Notary (Print, Type, or Stamp Commissioned Name of Notary Public) [Check One] Personally Known OR Produced the following I.D. VENDOR NAME VENDOR'S AUTHORIZED REPRESENTATIVE NAME AND TITLE ADDRESS EIN# CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS CORPORATE SEAL (IF APPLICABLE) Ammunition and Less Lethal Products State Term Contract No. 680- 050 -12 -1 Page 3 of 3 Page 108 of 339 AMENDMENT NO. 2 — RENEWAL No. 2 To State Term Contract 680 -050 -12 -1 Ammunition and Less - Lethal Products This Amendment No. 2 (Amendment), is effective September 30, 2013, or the last date signed by both parties, to the Ammunition and Less - Lethal Products, No. 680 - 050 -12 -1, effective between the State of Florida, Department of Management Services (Department) and (Contractor). The Department and Contractor are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Agreement, unless otherwise defined herein. WHEREAS the Contract was originally entered on September 28, 2011 with the Contractor for the provision of ammunition and less - lethal products, and is scheduled to expire on September 27, 2013; and WHEREAS upon mutual agreement, the Customer and the Contractor agree to amend the Contract, in accordance with sections 4.26 Renewal and 5.1 Term of Contract; and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1.0 Contract Amendment. Pursuant to sections 4.26 and 5.1 of the State Term Contract, the State Term Contract No. 680 - 050 -12 -1, is renewed for a period of one year at the same terms and conditions, with a new contract expiration date of September 30, 2014. 2.0 Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. 3.0 Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 4.0 Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 5.0 Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto. 6.0 Entire Agreement. Except as expressly modified by this Amendment, the contract shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations to the parties. This Amendment and the contract (including any written amendments thereto), collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto. State of Florida, Department of Management Services: Contractor By: Name: Kelley J. Scott Title: Director of State Purchasing and Chief Procurement Officer Date: By: Name: Title: Date: Page 109 of 339 AMENDMENT NO. 1 RENEWAL NO. 1 To State Term Contract 680- 050 -12 -1 Ammunition and Less - Lethal Products This Amendment No. 1 ( "Amendment "), effective as of September 28, 2012, to the Ammunition and Less - Lethal Products, State Term Contract No. 680- 050 -12 -1 ( "Contract ") effective as of September 28, 2011, between the State of Florida, Department of Management Services ( "Department ") and Contractor. Department and Contractor are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to Contractor for the provisions of Ammunition and Less - Lethal Products; and WHEREAS the Parties agree to amend the contract as provided in section 4.26 and 5.1 of State Term Contract No. 680 - 050 -12 -1; and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following; I. Contract Amendment. Pursuant to sections 4.26 and 5.1 of the State Term Contract, the State Term Contract No. 680 - 050 -12 -1 is renewed for a period of one year at the same terms and conditions, with a new contract expiration date of September 27, 2013. II. Reporting Requirements Section 7.6 of Contract No. 680 - 050 -12 -1, is superseded and entirely replaced with the following: 7.6 Sales Summary and Transaction Fee Reports. Each Contractor shall submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year: • Quarter 1- (July- September) • Quarter 2 - (October - December) • Quarter 3 - (January- March) • Quarter 4 - (April -June) Each Quarterly Sales Report must be in Excel format and shall include: • Contractor's Name and contact information as required on the Department of Management Services "Contract Quarterly Report" • Detail of time period covered by included data • Total sales including detail of list price and contract price • Transaction detail shall include the following: Part Number /SKU Your product part number if applicable Item / Service Name Given name of Item or Service MFG Manufacturer, Publisher, Service Provider Page 110 of 339 Item Category Description of the product category, according to attached table Item Subcategory Additional grouping for item Product Description Additional detail for item Customer Name State Agencies, Universities, Political Subdivisions, Other Eligible Users NIGP Code National Institute of Government Procurement code Florida Commodity Code Florida Commodity Code UOM Unit of Measure UOM Description Description of unit of measure (see example) Volume Qty Number of items /services purchased /provided Order Date Order date Date Delivered Delivered date to customer Purchase Type Purchase Order, Payment Card, Other List Prig List price (Market + fee contracts use market price) Contract Price Contracted price with state per contract terms Additional Fields Any new information related to your company's products /services Failure to provide quarterly and annual sales reports, including no sales, within thirty (30) calendar days following the end of each quarter (January, April, .duly and October) and /or contract year may result in the contract supplier being found in default and cancellation of the contract by the Department. Upon request, the Contractor shall report to the Department, spend with certified and other minority business enterprises. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager. Additionally, each Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at .http: // http:/ /dms.myflorida.com /mfmp Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at . feep rocess i ng (6 myflorida m a rketplace. com or 866- FLA -EPRO (866- 352 -3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. Ill. Employment Verification. Section 5.10 E- Verify of Contract No. 680 - 050 -12 -1, is superseded and entirely replaced with the following: 5.10 E- verify. Pursuant to State of Florida Executive Orders Nos.: 11 -02 and 11 -116, Contractor is required to utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall include in related subcontracts a requirement that subcontractors Page 111 of 339 performing work or providing services pursuant to the state contract utilize the E- Verify system to verify employment of all new employees hired by the subcontractor during the contract term. IV. Scrutinized Company List. Section 5.11 Scrutinized Companies Lists of Contract No. 680 - 050 -12 -1, is superseded and entirely replaced with the following: 5.11 Scrutinized Companies Lists. In executing this contract, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. V. Preferred Pricing. Section 5.13 Preferred Price of Contract No. 680 - 050 -12 -1, is superseded and entirely replaced with the following: 5.13 Preferred Price. The Contractor agrees to submit to the Department, at least annually, an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4(b) of form PUR 1000. VI. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. VII. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Vill. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. IX. Electronic Invoicing. The Contractor shall supply electronic invoices in lieu of paper - based invoices for those transactions processed through the MFMP. Contractor agrees, upon DMS' request, to establish electronic invoicing within ninety (90) days of written request. Electronic invoices shall be submitted to the agency through the Ariba Supplier Network (ASN) in one of three mechanisms as listed below. Suppliers can select the method that best meets their capabilities from the following list: cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the ASN for catalog and non - catalog goods and services. The cXML format is the Ariba preferred method for elnvoicing. EDI (Electronic Data Interchange) Page 112 of 339 This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the ASN for catalog and non - catalog goods and services. • PO Flip via ASN The online process allows suppliers to submit invoices via the ASN for catalog and non - catalog goods and services. Suppliers have the ability to create an invoice directly from their Inbox in their ASN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. State of Florida, Department of Management Services: By: Name: Kelly Loll, C.P.M. Chief Procurement Officer & Title: Director of State Purchasing Date: For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for Electronic Invoicing upon Department request. Contractor: By: Name: Date: Approved as to form and legality By: Office of the General Counsel Florida Department of Management Services Date Page 113 of 339 DEPARTMENT OF MANAGEMENT RIGK SCOTT CRAIG J. NICSOLS Governor SERVICE Sec retary 4050 Esplanade Way I Tallahassee, Florida 32399 -0950 1 Tel: 850.488.2786 I Fax: 850.922.6149 CERTIFICATION OF CONTRACT TITLE: Ammunition and Less - Lethal Products CON NO.: 680- 050 -12 -1 ITB NO.: 3- 680 -050 -0 EFFECTIVE: September 28, 2011 through September 27, 2012 1st RENEWAL: September 28, 2012 through September 27, 2013 SUPERSEDES: 680 -050 -10 -1 (REV. 27 SEP 12) CONTRACTOR(S): Aerko International (A) ALS Technologies Combined Tactical Systems, Inc. (A) Dana Safety Supply (A) Lawmen's and Shooters' Supply, Inc. (A) Lou's Police Distributors, Inc. (0) RUAG Ammotec USA, Inc. (A) Safariland, LLC (A) Sage Control Ordnance Inc. (A) Security Equipment Corporation (A) S.P.A. - SIMRAD Inc. (A) A. AUTHORITY — Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT — This contract was entered into to provide economies in the purchase of Office Furniture and Files by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. Ammunition and Less - Lethal Products State Tenn Contract 680- 050 -12 -1 September 28, 2011 Page 6 of 66 Page 114 of 339 C. ORDERING INSTRUCTIONS — All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) CONTRACT CERTIFICATION Ammunition and Less-Lethal Products Page 2 of 2 D. CONTRACTOR PERFORMANCE — Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature (date) Ammunition and Less-Lethal Products State Term Contract 680-050-12-1 September 28, 2011 Page 7 of 66 Page 115 of 339 TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06] 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 4.0 GENERAL CONTRACT CONDITIONS [PUR1000 (10/06)] 5.0 SPECIAL CONDITIONS 6.0 TECHNICAL SPECIFICATIONS 7.0 PRICE SHEETS AND FORMS [The remainder of this page is intentionally left blank (other than footer information).] www.dms.MyFlorida.com Page 116 of 339 SECTION 1.0 INTRODUCTION CONTENTS: 1.1 PURPOSE AND SCOPE 1.2 TIMELINE [The remainder of this page is intentionally left blank (other than footer information).] Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 9 of 66 Page 117 of 339 1.1 PURPOSE AND SCOPE The State of Florida ( "State "), Department of Management Services ( "Department"), invites interested Vendors, including Manufacturers, Distributors and other companies that are legally and financially able to furnish Ammunition and Less - Lethal Products to respond to this Invitation to Bid (ITB). This solicitation will lead to the formation of a State Term Contract (STC) that will partially replace current STC # 680 -050 -10 -1 (Ammunition and Officers' Equipment). The current State Term Contract will expire on September 28, 2011, and the Department may offer a contract renewal to active suppliers in good standing awarded Officers' Equipment products other than Ammunition and Less - Lethal Products. The intent is to obtain the most cost effective Ammunition and Less - Lethal products for the State of Florida, while maximizing the quality and level of service. Qualified companies must have the capability to provide these products in all respects, in accordance with the solicitation documents and to the satisfaction of the Department. The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per Section 2.17, with the initial contract term ending twelve (12) months thereafter, with potential options to renew per Chapter 287, Florida Statutes. The Department reserves the right to renew a portion of the contract in accordance with Florida Statutes, without renewing the entire contract in total. [The remainder of this page is intentionally left blank (other than footer information).] Ammunition and Less- Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 10 of 66 Page 118 of 339 1.2 TIMELINE E _ r .f Issue Solicitation within the MyFloridaMarketPlace Sourcing Tool 8/11/2011 Questions from Respondents Due via the Q & A Board within the MyFloridaMarketPlace Sourcing Tool. No later than 4:00 pm EDT). 8/16/2011 Post Responses to Vendor Questions within the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System. 8/22/2011 Deadline to complete MyFloridaMarketPlace registration and join the solicitation event in order to guarantee permission to submit solicitation 8/25/2011 Response via the MyFloridaMarketPlace Sourcing Tool. Solicitation Responses Due within the MyFloridaMarketPlace Sourcing Tool. The CD format copy of your solicitation response is also due to the address listed on the cover page of this solicitation document. Please reference section 3.5.1 for additional information on the CD format copy of your 8/20/2011 MyFloridaMarketPlace solicitation response. (No later than 4:00 pm EDT). Public bid opening at 4:05 p.m., in Suite 360K, 4050 Esplanade Way, Tallahassee, FI 32399 -0950. No pricing will be read. Post Notice of Intended Award on the Vendor Bid System, (Per Section 2.13, Electronic Posting of Notice of Intended Award). 9/1212011 Contract Award. (Per Section 2.17, Contract Formation DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. It is strongly recommended to submit your solicitation response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your response. Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 11 of 66 Page 119 of 339 SECTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001 REV 10/06) CONTENTS: 2.1 DEFINITIONS 2.2 GENERAL INSTRUCTIONS 2.3 ELECTRONIC SUBMISSION OF RESPONSES 2.4 TERMS AND CONDITIONS 2.5 QUESTIONS 2.6 CONFLICT OF INTEREST 2.7 CONVICTED VENDORS 2.8 DISCRIMINATORY VENDORS 29 RESPONDENT'S REPRESENTATION AND AUTHORIZATION 2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS 2.11 PERFORMANCE QUALIFICATIONS 2.12 PUBLIC OPENING 2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD 2.14 FIRM RESPONSE 2.15 CLARIFICATIONS /REVISIONS 2.16 MINOR IRREGULARITIES /RIGHT TO REJECT 2.17 CONTRACT FORMATION 2.18 CONTRACT OVERLAP 2.19 PUBLIC RECORDS 2.20 PROTESTS 2.21 LIMITATIONS ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD 2.1 DEFINITIONS The definitions found in s. 60A- 1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the Respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2.2 GENERAL INSTRUCTIONS Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. Ammunition and Less - Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 12 of 66 Page 120 of 339 2.3 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 other similar symbol or process) attached to or logically associated with the Response created by the Respondent within MyFloridaMarketPlace. The Respondent agrees that the action of electronically submitting its Response constitutes: • an electronic signature on the Response, generally, • an electronic signature on any form or section specifically calling for a signature, and • an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4 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 and Instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent's Response. In submitting its Response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a Response, shall be grounds for rejecting a Response. 2.5 QUESTIONS Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q &A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all Respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each Respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 2.6 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 shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5 %) or more in the Respondent or its affiliates. Ammunition and Less - Lethal Products September 28, 2011 State Tenn Contract 680- 050 -12 -1 Page 13 of 66 Page 121 of 339 2.7 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 contract with a public entity for the construction or repair of a public building or public work; • submitting bids on leases of real property to a public entity; • being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8 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 bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub - contractor, or consultant under a contract with any public entity; or • transact business with any public entity. 2.9 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 of why it cannot do so). • The Respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the Response, the Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Response. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any Respondent or potential Respondent, and they will not be disclosed before the solicitation opening. Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 14 of 66 Page 122 of 339 • The Respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment 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 performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o 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 will conform to the specifications without exception. • The Respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the Response. • The Respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent's preparation of its bid. • All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 15 of 66 Page 123 of 339 2.10 MANUFACTURER'S NAME AND 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 Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11 PERFORMANCE QUALIFICATIONS The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the Respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the Response or terminate the Contract. Respondent may be disqualified from receiving awards if Respondent, or anyone in 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, but should the Buyer elect to do so, Respondent is not relieved from fulfilling all Contract requirements. 2.12 PUBLIC OPENING Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955 -8771 (TDD). 2.13 ELECTRONIC POSTING OF NOTICE 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:. http: / /fcn.state.fl.us /owa vbs /owa /vbs www.main menu If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.14 FIRM RESPONSE The Buyer may make an award within sixty (60) days after the date of the opening, during which period Responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the Response shall remain firm until either the Buyer awards the Contract or the Buyer Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 16 of 66 Page 124 of 339 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. 2.15 CLARIFICATIONS /REVISIONS Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all Respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the Response. 2.16 MINOR IRREGULARITIES/RIGHT TO REJECT The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any Response not submitted in the manner specified by the solicitation documents. 2.17 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 until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective. 2.18 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 duplication between agreements in the manner the Buyer deems to be in its best interest. 2.19 PUBLIC RECORDS Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all Responses to a competitive solicitation are public records unless exempt by law. Any Respondent claiming that its Response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.20 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 Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28- 110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy -two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680 - 050 -12 -1 Page 17 of 66 Page 125 of 339 Section 28- 110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 2.21 LIMITATIONS ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Response. [The remainder of this page is intentionally left blank (other than footer information).] Ammunition and Less -Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 18 of 66 Page 126 of 339 SECTION 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 3.1 DEFINITIONS 3.2 PURPOSE AND SCOPE 3.3 CONTACT PERSON 3.4 WHO MAY RESPOND 3.5 SUBMITTAL OF RESPONSE 3.5.1 CD FORMAT COPY OF MYFLORIDAMARKETPLACE SOLICITATION RESPONSE 3.5.2 QUESTIONS AND ANSWERS 3.6 MYFLORIDAMARKETPLACE (MFMP) ELECTRONIC SOURCING 3.0 TOOL 3.6.1 ACCESS SOURCING 3.0 3.6.2 PARTICIPATE IN SOURCING 3.0 3.6.3 SOURCING 3.0 TIPS 3.7 MFMP SOURCING TOOL TRAINING FOR RESPONDENTS 3.7.1 LEARN MORE ABOUT SOURCING 3.0 3.8 ADDENDUMS TO THE SOLICITATION DOCUMENTS 3.9 COST SAVINGS OBJECTIVE 3.10 STATE OBJECTIVES 3.10.1 DIVERSITY 3.10.2 ENVIRONMENTAL CONSIDERATIONS 3.10.3 CERTIFICATION OF DRUG -FREE WORKPLACE PROGRAM 3.10.4 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED (RESPECT) 3.10.5 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE) 3.11 ELECTRONIC POSTING OF AWARD 3.12 ORDER OF PRECEDENCE 3.13 SPECIAL ACCOMMODATION 3.14 CONFIDENTIAL, PROPRIETARY OR TRADE SECRET MATERIALS 3.15 LOBBYING 3.16 EVALUATION CRITERIA 3.17 BASIS FOR AWARD [The remainder of this page is intentionally left blank (other than footer information).] .Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 19 of 66 Page 127 of 339 3.1 DEFINITIONS The definitions found in rule 60A- 1.001, F.A.C. and other sections of this solicitation shall apply to any contract resulting from this solicitation. The following additional terms are also defined: (a) "State" means the State of Florida. (b) "Department" means the Florida Department of Management Services. (c) "Procurement Officer', "Contract Manager ", or "Contract Administrator' means the Buyer's contracting personnel, as identified in Section 3.3 or as amended by the Department. (d) "Eligible User" is defined in Rule 60A- 1.005, Florida Administrative Code (F.A.C.). The following entities are eligible users: (e) All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; (f) Any independent, non - profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Section 287.056, Florida Statutes governs agencies' use of the Contract. (g) "Vendor(s)" means the entity that believes itself capable and is in the business of providing a Commodity and /or contractual service similar to those within the solicitation, and may or may not respond to the solicitation. (h) "Contractor(s)" means the Respondent that contract to sell Commodities and /or contractual services, which meet the requirements, specifications, terms, and conditions herein, to an Eligible User. (i) "Manufacturer" means the person or company in the business of manufacturing, processing or refining products. (j) "Manufacturer's Representative" means a person engaged by the Manufacturer to sell or promote sales of the Manufacturer's products. (k) "Servicing Dealer(s)" or "Certified Representative(s)" means a Manufacturer's representative authorized to market, sell, and service specific Commodities and /or contractual services. (1) "Commodity (ies)" means a tangible good, which may or may not meet the specifications herein. (m) "Commodity Code(s)" means the State of Florida specified numeric code for classifying specifications, Commodities, contractual services, Acquisition Methods, and Discounts which meet specific requirements, specifications, terms, and conditions herein. (n) "MSRP" is an acronym for the Manufacturer's Suggested Retail Price. It represents the Manufacturer's recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser for specific Commodities and contractual services without benefit of a contract resulting from the solicitation. It must be publicly listed, available, and verifiable by the Department. (o) "End User" means the person or entity uses the product or item. 3.2 PURPOSE AND SCOPE The purpose of this solicitation is to establish a twelve (12) month state term contract for the purchase of ammunition and less- lethal products. The technical specifications and price sheets describe the products in detail. The scope shall include receipt of orders from any and all Eligible Users within the State, consisting of the specified commodities listed in the price sheets conforming to the descriptions and characteristics of the specifications, and delivery requirements (Section 6) of this solicitation. This contract is estimated to produce approximately $ 4,800,000 in annual sales. This estimated figure is supplied as a guide for preparing solicitation Responses and should not be construed as Ammunition and Less- Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 20 of 66 Page 128 of 339 representing actual sales or as a commitment to future sales. 3.3 CONTACT PERSON Refer to Section 2.5 for directions related to contacting the Buyer. Any technical questions relating to the MyFloridaMarketPlace System can be directed to the MyFloridaMarketPlace Customer Service Desk at 866- FLA -EPRO (866 - 352 -3776) or:. vendorhelp (a)mooridamarketplace.com Procurement Official: Mark Lovell, PMP, CPPO, Purchasing Analyst Department of Management Services, Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399 -0950 Email:. Lovelladms. myflorida.com 3.4 WHO MAY RESPOND By submitting a Response, each Respondent certifies that it satisfies the following criteria in addition to any other specified in the solicitation documents. Respondent is a supplier of ammunition and less- lethal products, and is registered in the MyFloridaMarketPlace eProcurement System. Respondent has full service offices with business hours of 8:00 a.m. to 5:00 p.m. weekdays (minimum) and with staff capable of handling inquiries and orders during those business hours, including lunch hour. Respondent has a proven track - record of demonstrated performance with established abilities to accept and deliver orders for ammunition and less- lethal products statewide, with a high degree of Customer satisfaction. 3.5 SUBMITTAL OF RESPONSE Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. Respondents shall submit their offer on- line via the MyFloridaMarketPlace Sourcing 3.0 Tool located at https:H sourcing .myfloridamarketplace.com /Sourcing /Main All offers must be submitted in the MyFloridaMarketPlace Sourcing 3.0 Tool by the date and time specified on the Timeline. The Department shall not consider late offers and the Sourcing Tool WILL NOT accept offers after the closing date and time specified on the Timeline or as amended by the Department. Each Respondent is responsible for ensuring that it's Response and all associated documents are submitted by the proper date and time. Failure to provide all requested information within the Response package by the date and time specified may result in rejection of the Response. The Response shall include all appropriate pricing, discounts, documents, forms, files, question Responses and information Responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing, discounts, documents, forms, files, question Responses, and information Responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. If no indication for submission is provided for required or requested documents or files, or if instructions to mail a specific document, form, or file are provided, then those specific documents, forms, or files only shall be mailed to the attention of the Contact Person in Section 3.3 of the solicitation. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 21 of 66 Page 129 of 339 In the event a Respondent submits more than one Response in the MyFloridaMarketPlace Sourcing Tool, only the last Response received by the Sourcing Tool shall be considered for award. Previous Responses will not be visible to the State of Florida. The Response Checklist Form, located at Section 7.1 in this solicitation, does not relieve the Respondent of responsibility for ensuring that all requirements of the solicitation are included with the submittal. Offers not submitted within MyFloridaMarketPlace may be rejected. The outer packaging of mailed documents shall clearly state Solicitation Title and Number and the 1TB Response Due Date and Time from the Timeline in Section 1.2 of the solicitation. Failure to provide all required information within the solicitation Response may result in rejection of the Response The following documents shall be uploaded as part of the Respondent's Response within the MyFloridaMarketPlace Sourcing Tool: 1) Prices and item descriptions, and packaging quantities (MFMP Sourcing 3.0 Tool) - Prices offered shall be submitted within the MFMP Sourcing Tool When Preparing the Bid Response, enter appropriate, accurate data and values for each Line Item in the space(s) provided in the tool. 2) Minimum Balance of Line discount offered for non -core Ammunition and Less - Lethal Products (MFMP Sourcing 3.0 Tool) - Enter a percentage ( %) Discount from MSRP value in the space(s) provided in the tool. 3) Response Preparation Checklist (Section 7.1) - This is provided for your assistance in preparing your bid response. This does not relieve the bidder from reading the solicitation documents in their entirety and following all instructions contained within. This form does NOT need to be included in your bid response. 4) Ordering Instructions Form (Section 7.2) - On the Ordering Instructions Form Respondents shall identify persons responsible for answering questions about the Response and administering the Contract, and shall provide information necessary for placing orders under the Contract. 5) Savings /Price Reductions Form (Section 7.3) - Respondents shall submit one (1) accurately completed Savings /Price Reductions Form with their Response containing the required savings information offered to the State. 6) Certification of Drug -Free Workplace Form (Section 7.4) - Respondents shall submit one (1) accurately completed Certification of Drug -Free Workplace Form with their Response certifying the Respondent has a drug -free workplace program. 7) Florida Emergency Response Form (Section 7.5) - Respondents shall submit one (1) accurately completed Florida Emergency Response Form with their Response containing the required emergency contact information. 8) Quarterly State Term Contract Sales Summary Report (Section 7.6) - Important Note: Quarterly Sales Reports are required every calendar quarter, and shall be sent to the contract manager no later than 20 days after the end of the quarter (i.e., January 20, April 20, July 20 and October 20) The first report under the new contract will be due on January 20, 2012 for the period of October 1, 2011 through December 31, 2011. In addition to the listed information, a sales breakdown by State Agency customers (i.e., Department of Corrections, Florida Highway Patrol, Fish and Wildlife Conservation Commission, etc.) and local customers (Broward Sheriffs Office, Orlando, P.D., FSU Campus P.D., etc.) must be provided with each quarterly sales report. (Microsoft Excel format preferred) Additional sales data (including individual sales by SKU's) may be requested at a later date. 9) Vendor Certification Regarding Scrutinized Companies Lists Form (Section 7.7) - Respondents shall submit one completed Form with their Response as required by Section Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 22 of 66 Page 130 of 339 287.135, Florida Statutes. 10) Non - Collusion Affidavit (section 7.8) — Respondents shall submit one completed Form with their Response. Respondents may submit with their response an electronic copy of their complete product list that they intend to provide Customers under the awarded contract. This product list will not be used in the evaluation of the Respondents' proposal. This product list will serve as the Contractor's balance of line catalog for the first year of the awarded contract. The Respondent is considered the product manufacturer and their established, reasonable list price shall be included. At minimum Respondents should include the following fields in the submitted catalog: product category, item description, item manufacturer, and item manufacturer number, Respondent item stock keeping unit (SKU), unit of measure, Universal Product Code (UPC), and current list price. The Department in its sole discretion will determine which items within a catalog are acceptable and appropriate for the contract resulting from this bid. Any product additions or deletions from these items during the term of the contract shall be done in accordance with the contract Special Conditions. 3.5.1 CD FORMAT COPY OF MYFLORIDAMARKETPLACE SOLICITATION RESPONSE A CD format version of all solicitation response data (Ammunition and Less - Lethal pricing spreadsheets, Balance of Line percentage discount offered (if applicable), product specification details and all attachments that require prices, data, signatures and /or any other vendor - supplied information) must be delivered and received by the contact person identified in Section 3.3 no later than the date and time indicated in Section 1.2 (Timeline). Please note that faxed or e- mailed responses will not be accepted, and responses submitted other than via the MyFloridaMarketPlace Sourcing Tool and /or delivered CD as described above will be deemed non - responsive. In the event that information in the MyFloridaMarketPlace and CD format copies do not match, or if either response method is not received by the date and time indicated in Section 1.2 (Timeline), the Department at its sole discretion may reject the response, or accept the response that is more beneficial to State of Florida customers. Again, the Sourcing Tool in MyFloridaMarketPlace is the primary solicitation response system, and assistance with technical aspects of this system may be obtained by contacting the help desk at (866) 352 -3776, (866 - FLA-EPRO). Please be advised that data, prices and descriptive information in the CD format copy of the MyFloridaMarketPlace response must exactly match the Sourcing Tool information. 3.5.2 QUESTIONS AND 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 objectionable, Respondents should submit notice to the Department using the Sourcing Tool's Q &A Board by the due date for Respondents to submit questions listed in the Event Timeline. Responders must complete MyFloridaMarketPlace vendor registration and join the solicitation event at least forty -eight (48) hours before questions may be submitted to the Sourcing tool Q &A Board. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680 - 050 -12 -1 Page 23 of 66 Page 131 of 339 Please note that questions will NOT be answered via telephone or fax. The Department shall post the answers to the questions via the MyFloridaMarketPlace Sourcing Tool by the date stated on the Event Timeline. Each Respondent is responsible for monitoring the MyFloridaMarketPlace system for new or changing information. The Department shall not be bound by any verbal information or by any written information that is not either contained within the solicitation documents or formally noticed and issued by the ITB sole point of contact. Questions shall not constitute formal protest of the specifications or of the solicitation. The formal protest process is described in Section 2.20 (Protests). 3.6 MYFLORIDAMARKETPLACE (MFMP) ELECTRONIC SOURCING 3.0 TOOL The Department uses the MyFloridaMarketPlace eProcurement system to electronically receive Responses to solicitations. 3.6.1 ACCESS SOURCING 3.0 To access and use Sourcing 3.0, all vendors need a current and complete vendor registration in MFMP Vendor Information Portal (VIP). Once you register, use the same username and password in both VIP and Sourcing 3.0. VIP website: https: // vendor .myfloridamarketplace.com / Sourcing 3.0 webs ite:. https: / /sourcing.myflori dam arketplace.com /Sourcing /Main Tip. Forgot your VIP login information? Contact. VendorHelp @MyFloridaMarketPlace. com 3.6.2 PARTICIPATE IN SOURCING 3.0 Log in to VIP and follow these steps to participate in Sourcing 3.0: 1. Select the "View / Edit Solicitation Selections" option from the "I want to" dropdown list to launch the "Solicitations / Price Quote Requests" page. 2. Update your "Solicitation" preferences, if you choose, by selecting "Yes, I want to participate in electronic solicitations." • Selecting "Yes" provides vendors with solicitation notifications from the Vendor Bid System (the State's central posting tool for agency solicitation documents). 3. Vendors can "View/ Edit Commodity Codes" associated with your VIP and Sourcing account. • Use the "I want to" dropdown list and navigate to the update page. • Commodity code selection is important as it is the driver for which bid opportunities are visible to vendors within their individual Sourcing 3.0 accounts. VIP sends vendor account updates nightly to Sourcing 3.0. Vendors should complete any registration updates at least 48 hours before a bid submission is due. Once VIP makes account updates, vendors receive e-mail notifications when a solicitation with the vendors' registered commodity codes opens. Tip. MFMP/ VIP send these notifications as a courtesy. Your firewall or other e -mail settings you may have in place could prevent delivery to you. We urge you to regularly check Sourcing 3.0 and the Vendor Bid System for advertisements. Vendors who wish to submit a response must have: • a current and complete VIP account withaccepted MFMP Terms of Use, and • with the 'Solicitation' preference selected to 'Yes' and, • withthe appropriate commodity codes selected. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 24 of 66 Page 132 of 339 When you log into your Sourcing 3.0 account, the view shows both "My Events" and "Public Events." • "My Events" lists those events you already chose to "Join" (i.e., you intend to submit a formal response). • "Public Events" lists those events associated with your registered commodity codes listed in your Vendor Information Portal (VIP) account, but you have not yet "Joined." You can choose the events in which you prefer to participate. Click "Preview" to obtain read only access to an event. Clicking "Join" adds you to a given event, allows you to submit questions about the event, and alerts you to any associated updates (e.g., addendums, event edits, etc.). You choose the events in which you prefer to participate and receive subsequent Sourcing 3.0 e-mail notifications about only those events. It is important to note that you must join an event in order to submit a response to the solicitation. When working in the Sourcing Tool, be aware of the twenty (20) minute time -out function in the Tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your ITB Response. The SAVE button does not transmit your ITB Response to the State. In order to transmit your ITB Response to the Department, you must click the SUBMIT button on the Summary page of the ITB Response. After clicking the SUBMIT button, it is the Respondent's responsibility to check any submitted 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: 1. Go to My Responses tab within the Sourcing Tool after you submitted your Response 2. Click on the Response ID number of your last submitted Response 3. Review your submittal to make sure all Responses are complete, accurate and as you intended to submit. Minimum areas to check are: 1. Text boxes - Is your entire answer viewable? 2. Yes /No questions - Is the displayed answer correct? 3. All uploaded document files / scanned documents - Can you open attached document and clearly view entire content? 4. Pricing Information - Are all prices you intended to submit visible and accurately captured within the Sourcing Tool? 5. Required Items - Are all items listed on the Response Checklist Form completed as required within the Sourcing Tool? It is strongly recommended to submit your Response as early as passible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your Response. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680 - 050 -12 -1 Page 25 of 66 Page 133 of 339 Do not rely on the MyFloridaMarketPlace Sourcing Tool's time remaining clock. The official solicitation closing time shall be as reflected in the table in section 1.2 Event Timeline. The MyFloridaMarketPlace (MFMP) Sourcing Tool's time remaining clock is NOT the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. Respondents are reminded that the Sourcing Tool's email notifications are an option provided to Respondents as a courtesy. The State of Florida is under no obligation and does not guarantee that Respondents will receive email notifications concerning the posting, change or close of solicitations. Respondents are responsible for checking the MyFloridaMarketPlace Sourcing Tool and /or the Vendor Bid System for information, updates and changes concerning this solicitation. 3.6.3 SOURCING 3.0 TIPS a) Save your work frequently - at intervals less than 20 minutes - to make sure your work is not lost. Sourcing 3.0 automatically times out if you are inactive in the system after 20 minutes. Any unsaved information will be lost when the system times out. b) To respond to a solicitation, vendors must review and accept the electronic agreement on the "Review and Accept Agreement" page. Until you accept the agreement, you are unable to submit a response. c) Click the radio button next to, "I accept the terms of this agreement." d) Please note that clicking the "Save" button within Sourcing 3.0 only saves your solicitation Responses; it does not transmit your Responses to the State. e) After clicking the "Submit Entire Response" button, it is your responsibility as Respondent to validate any submitted response in Sourcing 3.0 to assure your response is accurate and complete prior to the bid closing time. Give yourself sufficient time, prior to the event solicitation period closing, in the event you discover an error and need to resubmit a revised response. f) To validate your response, please do the following before the Solicitation period ends: 1) Click the "Response History" link to confirm that your "submitted" response is visible, and therefore formally submitted. 2) Confirm that a status of "Accepted" displays next to your submitted response. 3) Click on the Reference number of your submitted bid response to review the submission. 4) Please check the following: 5) Text boxes - Is your entire answer viewable? 6) Yes /No questions - Are the displayed answers correct? 3.7 MFMP SOURCING TOOL TRAINING FOR RESPONDENTS This solicitation will be conducted using the MyFloridaMarketPlace Sourcing 3.0 Tool. Training Tools to assist you can be found at: V endor Toolkit - Solicitation Help Click Solicitation Help, open, download and review the document titled "ITB User Guide.ppt ". An On- Demand web -based interactive training application is available online to train vendors on how to respond to an event using the MyFloridaMarketPlace Sourcing Tool. This is another vehicle to use to receive training on how to use the Sourcing Tool. The link is . http:Hmarketplace.myflorida.com /vendor /vendor training.htm and click on Responding to a Sourcing Event. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680 - 050 -12 -1 Page 26 of 66 Page 134 of 339 3.7.1 LEARN MORE ABOUT SOURCING 3.0 Vendors with technical questions about Sourcing 3.0, can contact the MyFloridaMarketPlace Customer Service Desk by phone at (866) 352 -3776) or e-mail at . VendorHelp @MyFloridaMarketPlace.com For additional information or to view the MyFloridaMarketPlace Sourcing 3.0 training documents, visit MyFloridaMarketPlace at: . http: / /dms.myflorida.com /business operations /state purchasing /myflorida marketplace /mfmp v endors /vendor toolkit/vendor training opportunities This site includes: • Sourcing 3.0 training slides with step -by -step instructions on previewing bids, joining bids and submitting bid responses • Vendor FAQs 3.8 ADDENDUMS TO THE SOLICITATION DOCUMENTS The Department reserves the right to issue addendums to the solicitation. Notice of any addendum will be posted within MyFloridaMarketPlace and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and /or reviewing the formal changes to the solicitation. Each Respondent is responsible for monitoring the sites for new or changing information concerning this solicitation. 3.9 COST SAVINGS OBJECTIVE Section 216.0113, F.S., requires: "Each state agency, as defined in s. 216.011, Florida Statutes, shall review existing contract renewals and reprocurements with private providers and public - private providers in an effort to reduce contract payments by at least 3 percent. It is the statewide goal to achieve substantial savings; however, it is the intent of the Legislature that the level and quality of services not be affected. Each agency shall renegotiate and reprocure contracts consistent with this section. Any savings that accrue through renegotiating the renewal or reprocurement of an existing contract shall be placed in reserve by the Executive Office of the Governor." In order to achieve this objective, the Department seeks to achieve a cost savings of at least 3 percent when compared to the pricing contained in the Department's most recent state term contract for these commodities. Current and previous contracts can be accessed through the Division of State Purchasing website at: . http:Hdms.myflorida.com /business operations /state purchasing 3.10 STATE OBJECTIVES Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent 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. 3.10.1 DIVERSITY The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority -women and service- disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority, women, and service- disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487 -0915. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 27 of 66 Page 135 of 339 The State is dedicated to fostering the continued development and economic growth of small, minority -, women -, and service - disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority -, women -, and service - disabled veteran business enterprises participate in the State's procurement process as both Contractors and Sub - Contractors in this solicitation. Small, minority, women and service- disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority, women, and service- disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Service- Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: . http:Hdms.myflorida.com /other programs /office of supplier diversity osd Quarterly Reports of revenue paid to certified W /MBE and certified SDVBE Contractors (agents or Sub - Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other Eligible User) level. 3.10.2 ENVIRONMENTAL CONSIDERATIONS The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any Response the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Contractor's company. Reference Rule 62- 730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3.10.3 CERTIFICATION OF DRUG -FREE WORKPLACE PROGRAM The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie Responses are received, one preference shall be given to a Response received from a Respondent that certifies it has implemented a drug -free workforce program. If applicable, Respondent shall certify that the Respondent has a drug -free workplace program using the Certification of Drug -Free Workplace form included in Section 7.5 of the solicitation. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. 3.10.4 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED (RESPECT) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section .413.036.(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 28 of 66 Page 136 of 339 this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at:. http : / /www.respectofflorida.orq The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation. 3.10.5 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section .946.515.(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at. www.pride- enterprises.org The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. 3.11 ELECTRONIC POSTING OF AWARD Responses submitted by the date and time indicated on the Event Timeline shall be opened and thereafter evaluated. Prices will not be read during the Response opening pursuant to Section 119.071(1) (b) of the Florida Statutes [Supersedes reference in paragraph 2.12, sentence 2 General Instructions to Respondents]. After evaluating the Responses, and on the date indicated on the Event Timeline, the Department shall electronically post a Notice of Intended Award in the state Vendor Bid System at . http://myflorida.com/ apps /vbs /vbs www. search. criteria form If the award decision is delayed, in lieu of posting it on the date indicated on the Event Timeline, 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 Section 2.20 of the General Instructions (PUR 1001) for more information on protests). The Department shall not provide notices of award by any other means. 3.12 ORDER OF PRECEDENCE Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. All Responses are subject to the requirements, specifications, terms, and conditions of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Any Addenda to the Solicitation • Section 1.0, Introduction • Section 6.0, Technical Specifications • Section 5.0, Special Contract Conditions • Section 3.0, Special Instructions to Respondents • Section 4.0, General Contract Conditions [PUR 1000 (10/06)] Ammunition and Less- Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 29 of 66 Page 137 of 339 • Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)] • Section 7.0, Price Sheet(s) • Sections 7.2 through 7.7, Forms The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent's Response. In submitting its Response, the Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall result in the disqualification of the Respondent's Response for any offers associated with the additional terms or conditions. Failure to comply with the solicitation requirements, specifications, terms, and conditions, including those specifying information that must be submitted with a Response, may be grounds for rejecting a Response. This Section, 3.12, supersedes and replaces Section 2.4, Terms and Conditions. 3.13 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 using the Florida Relay Service at (800) 955 -8771 (TDD). 3.14 CONFIDENTIAL, PROPRIETARY OR TRADE SECRET MATERIALS The Department takes its public records responsibilities as provided under Chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If Respondent considers any portion of the response to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, Respondent must also simultaneously provide the Department with a separate redacted copy of its reply and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department's solicitation name, number, and the name of the Respondent on the cover, and shall be clearly titled. This Redacted Copy shall be provided to the Department at the same time Respondent submits its response and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Respondent shall be responsible for defending its determination that the redacted portions of its Best and Final Offer are confidential, trade secret or otherwise not subject to disclosure. Further, Respondent shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Respondent's determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If Respondent fails to submit a Redacted Copy with its response, the State is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records. Copyrighted material will be accepted only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff, agents and public record requests. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Respondents shall submit, via the MyF lorida MarketP lace Sourcing Tool, completed Price Sheets as provided with in the solicitation (Section 7.0). These Price Sheets provide a method for offering pricing for the commodities indicated in the Technical Specifications. The pricing offered on the Price Sheets will be evaluated in accordance with Section 3.17 of the solicitation. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680 - 050 -12 -1 Page 30 of 66 Page 138 of 339 (This section supersedes and replaces section 2.19 of this Solicitation). 3.15 LOBBYING Respondents shall not lobby the legislative, judicial or executive branches, or any State Agency on any aspect of this Solicitation during the procurement process (i.e. from time contract is advertised to execution of a contract) associated with the Contract. Violation of this restriction can be cause for disqualification from the procurement process. See Section 4.18 Lobbying and Integrity 3.16 EVALUATION CRITERIA The Department shall evaluate eligible responsive offers. Responses that do not meet all requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as non - responsive. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of this Contract may be rejected as non - responsible. The Department reserves the right to determine which Responses meet the requirements of this solicitation, and which Respondents are responsive and responsible. 3.17 BASIS FOR AWARD The Department shall make a single award statewide to the lowest priced responsive and responsible Respondent by Manufacturer's product, product line (see description below), or a combination of these methods. If more than one (1) Respondent offers the same Manufacturer's product, only the lowest offer shall be considered for award for that Manufacturer's product. The Department reserves the right to make awards as determined to be in the best interest of the State of Florida, and to accept or reject any and all offers, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State of Florida's best interest. Products offered by bidders will be individually evaluated. Each product will be measured against offers by other bidders, and will be awarded individually, or by Manufacturer's product lots. In the detailed spreadsheet, individual product descriptive information (including product name, part/stock number(s), common descriptions and other descriptive information (i.e., sizes, colors, special features, accessories) shall be entered for every product offered through a respondent for a Manufacturer's product line. The reference (retail / MSRP) price must be entered, followed by the discount percentage for this Manufacturer's product that your company is offering. The net bid price ( "Florida Contract Price ") will be determined by the following formula: reference (retail / MSRP) price times (1- discount percentage (expressed as a decimal amount, i.e., 54% discount = 0.54)) equals the net Florida Contract Price. As an example, the reference price for a product is $499.95. Your company has offered a 54% discount. The Florida Contract Price will be $229.98. ($499.95 multiplied by (1 -0.54) _ $229.98.) [The remainder of this page is intentionally left blank (other than footer information).] Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 31 of 66 Page 139 of 339 SECTION 4.0 . GENERAL CONTRACT CONDITIONS [PUR 1000 (REV 10/06) CONTENTS: 4.1 DEFINITIONS 4.2 PURCHASE ORDERS 4.3 PRODUCT VERSION 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS 4.5 ADDITIONAL QUANTITIES 4.6 PACKAGING 4.7 INSPECTION AT CONTRACTOR'S SITE 4.8 SAFETY STANDARDS 4.9 AMERICANS WITH DISABILITIES ACT 4.10 LITERATURE 4.11 TRANSPORTATION AND DELIVERY 4.12 INSTALLATION 4.13 RISK OF Loss 4.14 TRANSACTION FEE 4.15 INVOICING AND PAYMENT 4.16 TAxES 4.17 GOVERNMENTAL RESTRICTIONS 4.18 LOBBYING AND INTEGRITY 4.19 INDEMNIFICATION 4.20 LIMITATION OF LIABILITY 4.21 SUSPENSION OF WORK . 4.22 TERMINATION FOR CONVENIENCE 4.23 TERMINATION FOR CAUSE 4.24 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY 4.25 CHANGES 4.26 RENEWAL 4.27 PURCHASE ORDER DURATION 4.28 ADVERTISING 4.29 ASSIGNMENT 4.30 ANTITRUST ASSIGNMENT 4.31 DISPUTE RESOLUTION 4.32 EMPLOYEES, SUBCONTRACTORS, AND AGENTS 4.33 SECURITY AND CONFIDENTIALITY 4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS 4.35 INSURANCE REQUIREMENTS 4.36 WARRANTY OF AUTHORITY 4.37 WARRANTY OF ABILITY TO PERFORM 4.38 NOTICES Ammunition and Less - Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 32 of 66 Page 140 of 339 4.39 LEASES AND INSTALLMENT PURCHASES 4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES INC., (PRIDE) 4.41 PRODUCTS AVAILABLE FROM THE BLIND AND OTHER HANDICAPPED 4.42 MODIFICATION OF TERMS 4.43 COOPERATIVE PURCHASING 4.44 WAIVER 4.45 ANNUAL APPROPRIATIONS 4.46 EXECUTION IN COUNTERPARTS 4.47 SEVERABILITY .4.1 DEFINITIONS The definitions contained in s. 60A- 1.001, F.A.C. shall apply to this agreement. The following additional terms 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 Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) "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 formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). -4.2 PURCHASE ORDERS In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, 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 incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 33 of 66 Page 141 of 339 A.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 writing an earlier model or version and the contractor is willing to provide such model or version. 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts: Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer: During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade -In. Customers may trade -in equipment when making purchases from the Contract. A trade -in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond 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 substantial loss. 4.5 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 Ammunition and Less - Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 34 of 66 Page 142 of 339 not to exceed the threshold for Category Two at the prices submitted in the Response to the solicitation. 4.6 PACKAGING Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 4.7 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 conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8 SAFETY STANDARDS All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas- operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.9 AMERICANS WITH DISABILITIES ACT Contractors should identify any products that hearing, or other physically impaired individuals. may be used or adapted for use by visually, 4.10 LITERATURE Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.11 TRANSPORTATION AND DELIVERY Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.12 INSTALLATION Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 35 of 66 Page 143 of 339 equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.13 RISK OF Loss Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: 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 rejection. Upon rejection notification, the risk of loss of rejected or non - conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14 TRANSACTION FEE The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement 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- 1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non - refundable when an item is rejected or returned, or declined, due to the 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 Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A- 1.006, F.A.C. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 36 of 66 Page 144 of 339 4.15 INVOICING AND PAYMENT Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms - EDI 810, cXML, or web - based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413 -7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.16 TAxEs The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17 GOVERNMENTAL RESTRICTIONS If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.18 LOBBYING AND INTEGRITY Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 37 of 66 Page 145 of 339 expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: . http:lldIis. dos. state. fl. us / harm /genschedules /gensched.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 the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 4.19 INDEMNIFICATION The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' 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 harmless 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 any 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 the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 4.20 LIMITATION OF LIABILITY For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 38 of 66 Page 146 of 339 Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back -up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21 SUSPENSION OF WORK The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional' compensation. 4.22 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, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.23 TERMINATION FOR CAUSE The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined 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 termination 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. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 39 of 66 Page 147 of 339 4.24 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 Contractor. In case of any delay the Contractor believes 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 delay 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 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 cost, 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 which case the Customer may (1) 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 to 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. 4.25 CHANGES The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. L 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 term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation Response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.27 PURCHASE ORDER DURATION Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and Ammunition and Less- Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 40 of 66 Page 148 of 339 conditions. Purchase orders received by the contractor after close of business on the Fast day of the state term or agency contract's term shall be considered void. Purchase orders for a one -time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery /performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 4.28 ADVERTISING Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract. in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 ASSIGNMENT The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. Ammunition and Less- Lethal Products September 28, 2011 State Term Contract 680 - 050 -12 -1 Page 41 of 66 Page 149 of 339 4.30 ANTITRUST ASSIGNMENT The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 4.31 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 decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. 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 Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 4.32 EMPLOYEES, SUBCONTRACTORS, AND AGENTS All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non- compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 4.33 SECURITY AND CONFIDENTIALITY The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor 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. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 42 of 66 Page 150 of 339 4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER 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 that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.35 INSURANCE REQUIREMENTS During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.36 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. 4.37 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 the Contractor'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 term of the Contract. 4.38 NOTICES All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.39 LEASE 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, 4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE) Section 946.515 (2), F.S. requires the fallowing statement to be included in the solicitation: "it is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, Ammunition and Less- Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 43 of 66 Page 151 of 339 firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at. http: / /www.pridefl.com 4.41 PRODUCTS AVAILABLE FROM THE BLIND AND 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 to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at:. http : / /www.respectofflorida.org 4.42 MODIFICATION OF TERMS The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed 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 terms and conditions. 4.43 COOPERATIVE PURCHASING Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non - Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(x), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost - effective and in the best interest of the State. 4.44 WAIVER The delay or failure by the Customer 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. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 44 of 66 Page 152 of 339 4.45 ANNUAL APPROPRIATIONS The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.46 EXECUTION IN COUNTERPARTS The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.47 SEVERABILITY If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. [The remainder of this page is intentionally left blank (other than footer information).] Ammunition and Less-Lethal Products State Term Contract 680-050-12-1 September 28, 2011 Page 45 of 66 Page 153 of 339 SECTION 5.0 . SPECIAL CONDITIONS .CONTENTS 5.1 TERM OF CONTRACT 5.2 CATALOG DATA 5.3 POSTING OF AUTHORIZED CONTRACT PRODUCTS 5.4 PRODUCT ADDITIONS /DELETIONS 5.5 COMPLIANCE WITH LAWS 5.6 TRANSACTION FEE REPORTS 5.7 LOBBYING 5.8 PRICE ADJUSTMENT 5.9 METHOD OF PAYMENT 5.10 E- VERIFY PROGRAM 5.11 SCRUTINIZED COMPANIES LISTS 5.12 INTELLECTUAL PROPERTY 5.13 PREFERRED PRICE 5.1 Term of Contract This contract shall be in effect from the effective date through the initial twelve (12) month term, with the option to renew as set forth in Section 287.057(14)(a), Florida Statutes. Renewal is contingent upon satisfactory performance by the Contractor. 5.2 Catalog Data The MyFloridaMarketPlace ( "MFMP ") third -party service provider is responsible for converting Contract catalog information into a format supported by the System. To accomplish this conversion, the Contractor shall provide certain information in electronic format directly to the Service Provider (This format is generally Microsoft ExcelTM) Within ten (10) days of written notice from the Service Provider, Contractor shall provide all information necessary to facilitate electronic purchases from this Contract. Such information may include, but is not limited to, Contractor name, brand /manufacturer, SKU, product name and brief description, unit of measure, and price. Contractor shall provide this information in the format required by the Service Provider. No costs or expenses associated with providing this information shall be charged to the Department, Eligible Users, or Service Provider. With the Contractor's timely assistance, the Service Provider shall create and maintain web -based placement of the requested Contract information. [The remainder of this page is intentionally left blank (other than footer information).] Ammunition and Less - Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 46 of 66 Page 154 of 339 5.3 Posting of Authorized Contract Products The Contractor shall maintain on the Internet, or provide to the Department and any requesting Customer a Contract Price List of the products it is authorized to sell under the terms of the Contract. The Contract Price List shall clearly indicate the required information listed below. The Contractor shall provide the proposed product lists, or the proposed Universal Resource Locators ( "URLs ") for these lists upon request by the Department. Posting of the lists in a form easily accessible to the Department and Customers shall be a condition precedent to Contractor's right to payment under the Contract. The Department, in its sole discretion, may maintain Contractor's authorized lists or provide electronic links to them. Regardless of the number of links to the list, Contractor shall ensure that Customers are able to access one, and only one, version of each of the authorized lists. The authorized Contract Price List shall include the following: Contract Number/Title, Contact Person, Contact Information (Address, Telephone, and Email Address); and per item: Manufacturer's SKU or product number, product description and specifications, MSRP pricing, discount percentage offered to State of Florida customers off of the MSRP and the net price to State of Florida customers Changes to the lists must follow the terms of the Contract. The Department may, in its sole discretion, prohibit any requested change or direct a Contractor to undo any change already made. In addition, the Department may direct cancellation of any purchase order entered into on the basis of unauthorized lists. Changes to the authorized lists or to related information (for example, ordering information) shall not be deemed Contract amendments. 5.4 Product Additions/Deletions A Contractor may amend the Contract Price Sheet to reflect new or obsolete items to its catalog with the prior approval of the Department. Any proposed product additions shall be offered at the contracted per Commodity percentage discount from the product's current MSRP publicly listed and verifiable at the time of the requested addition. Any proposed product additions offered shall satisfy all criteria specified in the solicitation documents and the terms of the Contract. The Contractor shall advise the Department of a request for Product Additions /Deletions in writing, received by the Department no later than thirty (30) days prior to the effective date of the proposed change(s) in the Contract Price Sheet content. No changes to the Contract Price Sheet are permitted without the prior written approval of the Department. The Department may, in its sole discretion, prohibit any requested change or direct a Contractor to cancel any change already made. In addition, the Department may direct cancellation of any purchase order entered into on the basis of unauthorized lists. Changes to the Contract Price Sheet or to related information (e.g., ordering information) shall not be deemed Contract amendments. Additionally, Balance of Line products will NOT be listed on the Price Sheets, but (if accepted by the Department) will be available through a price quote furnished to a customer using the pricing formula of MSRP times the discount percentage offered through the solicitation as a ceiling (maximum) price. Additional discounts may be offered as described in Section 4.4, sub - sections a through e; (Quantity Discounts, Best Pricing Offer, Sales Promotions, Trade -In and Equitable Adjustment). 5.5 Compliance with Laws The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non - exhaustive example, Chapter 287 of Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 47 of 66 Page 155 of 339 the Florida Statutes and Chapter 60A -1 of the Florida Administrative Code govern the Contract. By way of further non - exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. 5.6 Transaction Fee Reports The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at . http:Hdms.myflorida.com /mfmp Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at . feeprocessing (a)myfloridamarketplace.com or 866- FLA -EPRO (866- 352 -3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 5.7 Lobbying In accordance with Section 216.347, Florida Statutes, and as provided herein, the Service Provider or Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. This restriction does not apply to requests of the Service Provider or Contractor to provide any information relating to any aspect of this Contract, if requested by any legislative, judicial, or executive branch, or any State Agency. 5.8 Price Adjustment Prices shall be firm against increase for twelve (12) months from the Contract Effective date. Price decreases may be requested at any time by either party. After this period, requests for increases may be submitted if there have been documented increases in cost, with the State reserving the right to accept or reject these requests within thirty (30) days after receipt. Price increases may be requested one (1) time per year at the Contract anniversary date by using the Producer Price Index (PPI) for Industry: Small arms ammunition as published by the U.S. Bureau of Labor Statistics. The rate adjustments will be based on the PPI (Series ID PCU151302). Other PPI Series ID's maybe utilized at the sole discretion of the Department. The last published non - preliminary Producer Price Index for the month prior to award /anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recently published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. The price escalation /de- escalation formula will be tied to the change in the commodity for Industry: Small arms ammunition manufacturing, PPI Series ID Series ID PCU151302. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price Escalation Rate to determine the New Price. This formula applies after year one (1) of the contract, and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: • Go to the BLS website :. http: / /www.bls.gov /ppi • Navigate to the "PPI Databases" section .Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 48 of 66 Page 156 of 339 • Select "Commodity Data (Producer Price Index - PPI) One - Screen Data Search" • Under "Step 1 - Select a Group ", Click on 15 - Miscellaneous Products" • Under "Step 2 - Select One or more Items ", Click on 151302 - Small arms ammunition" • Under "Step 3 - Select Seasonal Adjustment ", Select "Not Seasonally Adjusted" (Deselect "Seasonally Adjusted" so only "Not Seasonally Adjusted" is checked.) • Under "Step 4" Click "Get Data" A table similar to the one shown below will be created. Series Id: WPU151302 Not Seasonally Adjusted Group: Miscellaneous products Item: Small arms ammunition Base Date: 198200 , Year � Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annu, 1999 143.9 144.3 144.2 j 144.2 144.2 ' 144.2 ! 144.2,144.2 " 144.2 ! 144.2 144.2 144.2] 144.: 2000 i 145.0: 145.0 145.0 145.0 145.0 1 145.0 i 145.0 145.0 145.0', 144.7'144.7'144.7 144.5 2001 143.9 143.9 143.9 143.9 143.9 '143.9! 143.9 143.9 143.9 143.9 143.9 143.9 143.5 2002 146.5 144.1 144.1 144A 144.1 144.1 144.1 144.1 144.1 144.1 144.1 144.1 r 144.: 2003 144.8 .m. 144.8 144.8 144.8 144.9 144.9 145.5 ' 145.5 145.5 145.5 ` 145.5 145.5 145.; 2004 ,145.0: , . e .. , .... ',145.1 ... 145.1 145.1 I i. .146.4 147 1, 145 8 145 8 .151 2 153 6 154.1 � � 162 .0 148.1 m 5 ,. � 2005 j 163.0 ; a 163.0 .... ,..... 165.6 165.5 ... 165.5 165.3 162.8 162.8 159.1 159.0 159.0 159.0 � 1 62.! 200E 160.8 165.2 165.3 16.5.4 169.3 . .., wm. 163.3 175 3. 17 5. 3 '175.3 175:1 176..7 184.4 171. 2007 184.5 ' 186.0 185.5 185.5 185.5 188.3'188.9 ; 188.9 ° 196.9 210.0': 242.0 242.0 ! 198.: . 2008 246.4 247.0 247.0 , m 248.6 249.0 , . . , .... 250.5 � 250 5 , 250.5 ; 250.5 ; 254.7 254.71 ., ..., 250.; 2009 248.3 = 248.3(p) 248.3(p) 247.3(p) a 247.3(p) p : Preliminary. All indexes are subject to revision four months after original publication. Example: January 2009 is the first year anniversary of the contract Old PPI: Jan 2008 PPI for Small arms ammunition = 246.4 New PPI: Jan 2009 PPI for Small arms ammunition = 248.3 Price Escalation / De- escalation Formula: New PPI / Old PPI = Price Escalation Rate "Old Price" x "Price Escalation Rate" = New Price (rounded up to the nearest %) Calculation: 248.3 = 246.4 = 1.0077 (Price Escalation Rate) $1,000.00 (unit price) x 1.0077 = $1,007.70 (New unit price for this product) Any increases accepted during the term of the contract shall not become effective until thirty (30) days after the State provides written approval of request. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and Ammunition and Less - Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 49 of 66 Page 157 of 339 approved by State prior to implementation. There can only be one rate adjustment per twelve (12) month period. 5.9 Method of Payment The State of Florida has implemented a purchasing card program, using the Visa platform. Contractors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. The State will not fill out any contractor forms or contracts in association with the Contractor accepting a purchasing card payment. Contractors are not allowed to charge a fee for accepting a purchasing card payment. Surcharges or convenience fees are prohibited. Fees should not be charged for using a purchasing card unless the fees are charged for all methods of payment (cash, check, debit cards, vouchers, etc.), and must be approved by the Customer prior to order acceptance. On -line billing or payment systems maintained by the Contractor will not store the card holder's account number and expiration date for re -use. Card holders will provide the Contractor with card account information at each transaction. 5.10 E- Verify Contractor agrees that it will enroll and participate in the Employment Eligibility Verification Program ( "E- Verify Program ") administered by the U.S. Department of Homeland Security ( "DHS "), under the terms provided in the "Memorandum of Understanding" with DHS governing the program. Contractor further agrees to provide to the Florida Department of Management Services (the "Agency "), within thirty days of the effective date of this Agreement, documentation of such enrollment in the form of a copy of the "Edit Company Profile" page in E- Verify, which contains proof of enrollment in the E- Verify Program. (This page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E- Verify employer's homepage.) Contractor further agrees that it will require each subcontractor that performs work pursuant to this Agreement to enroll and participate in the E- Verify Program within ninety days of the effective date of this Agreement or within ninety days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program and make such record(s) available to the Agency and other authorized state officials upon request. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E- Verify Program, including participation by its subcontractors as provided above, and to make such records available to the Agency and other authorized state officials. Compliance with the terms of this Employment Eligibility Verification provision (including compliance with the terms of the "Memorandum of Understanding" with DHS) is hereby made an express condition of this Agreement. 5.11 Scrutinized Companies Lists In executing this contract, Respondent certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), F.S., Respondent agrees the Department may immediately terminate this contract for cause if the Respondent is found to have submitted a false certification or if Respondent is placed on the Scrutinized Companies with Activities in Sudan List or the Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680 - 050 -12 -1 Page 50 of 66 Page 158 of 339 Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. 5.12 Intellectual Property The parties do not anticipate that any intellectual property will be developed as a result of this contract. However, any intellectual property developed as a result of this contract will belong to and be the sole property of the state. This provision will survive the termination or expiration of any contract. 5.13 Preferred Price The Contractor agrees to submit to Customer at least annually an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4(b) of form PUR 1000. [The remainder of this page is intentionally left blank (other than footer information).] Ammunition and Less-Lethal Products State Term Contract 680-050-12-1 September 28, 2011 Page 51 of 66 Page 159 of 339 SECTION 6.0 . TECHNICAL SPECIFICATIONS 6.1 SCOPE AND CLASSIFICATION 6.2 CURRENT MODEL 6.3 PREPARATION FOR DELIVERY 6.4 MINIMUM ORDERS AND DELIVERY REQUIREMENTS 6.5 SAMPLING AND INSPECTION 6.6 WARRANTY . 6.7 FACTORY SERVICE REQUIREMENTS 6.8 PRODUCT INFORMATION 6.1 Scope and Classification This specification covers Ammunition and Less - Lethal products, including, but not limited to Ammunition, Munitions and Pepper Spray. Ammunition and Less - Lethal products covered by this specification shall be classified in accordance with the requirements of this specification and the Manufacturers and brand names listed on the Price Sheets. Commodity Numbers Applicable commodity numbers and descriptions are listed below: Commodity Number Description 680 -050 Ammunition, New 680 -060 Ammunition, Reload 680 -800 Tear Gas, Pepper Gas, Guns and Ammunition, Police 6.2 Current Model Products furnished under this contract shall be the manufacturer's current year model, standard industrial product, except for those modifications or changes required in the standard product in order to comply with the requirements of this specification. All accessories and components normally furnished with the standard product offered commercially shall be furnished with each unit. 6.3 Preparation for Delivery All products shall be packed to insure safe delivery to destination at lowest rates. Packaging shall comply with the requirements of Section 403.7191, Florida Statutes, and can be viewed at . http: / /www.leg.state.fl.us /Statutes /index.cfm ?App mode = Display Statute &Search Strinq = &UR L =0400- 0499 /0403 /Sections /0403.7191.html This Statute addresses Toxic (Materials) in Packaging. Due to the nature of the products that will awarded in this solicitation, awarded contractors must ensure that Ammunition and Less - Lethal products are delivered only to authorized end -user customers, packaged securely with precautions taken to prevent accidental spills, discharge, breakage or misdelivery to (an) unauthorized individual(s). Each container shall be marked to include a description of the product, the name of vendor, and the State's contract and purchase order numbers. Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 52 of 66 Page 160 of 339 6.4 Minimum Orders and Delivery Requirements Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within the State of Florida within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability to meet these deadlines, or intentional shipment delays may be cause for default proceedings. For ammunition products, a minimum quantity of one (1) case of the same type of ammunition will be required on the Customer's Order. Prices bid shall include delivery to the Customer for orders totaling $250 or more. Orders of less than $250 will be shipped prepaid with transportation charges added to the invoice as a separate item. Orders of less than $25 will not be processed. NOTE: This provision shall not be used by a Customer to circumvent the intent of the Contract. 6.5 Sampling and Inspection Samples of delivered products may be selected at random and tested for compliance with these specifications. Failure to comply with the specifications may be cause for default proceedings and/or contract termination. 6.6 Warranty The Contractor shall provide the Customer at the time of delivery, a warranty for any and all goods against defective material, workmanship, and failure to perform in accordance with required performance criteria, for a period of no less than one (1) year from the date of delivery. This is a minimum standard; if the standard warranty period is greater than one (1) year, the entire warranty period will be honored. The Contractor agrees that all parts of the goods found defective shall be replaced without any cost or expense to the Customer including all labor, materials and costs of transportation. In addition, the Contractor agrees that if said repair of defective goods will exceed ten (10) working days, the Contractor shall supply loaner goods, upon written request of the Customer, in a timely and prompt fashion, at no cost or expense to the Customer. The Contractor may offer the Customer "after warranty" service agreements for the maintenance and repair of goods after the initial warranty expires. If this service is requested by the Customer, the Contractor shall indicate this additional service as a separate item on the invoice and the Purchase Order. 6.7 Factory Service Requirements Contractor shall maintain at least one Manufacturer - authorized service representative and /or servicing dealer within Florida to perform warranty repairs and adjustments throughout the Contract term. Contractor shall maintain the Servicing Dealer List submitted with the response throughout the Contract term, and shall promptly notify the Department of any changes thereto; however, changes to the Servicing Dealer List shall not be Contract amendments and will not require a formal written agreement. This arrangement does not relieve the Contractor of its duty to maintain at least one authorized service representative within Florida. 6.8 Product Information Requests by Customers for product literature, specifications, and technical information must be provided within five (5) working days after receipt of written request, at no charge to Customers. Ammunition and Less- Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 53 of 66 Page 161 of 339 SECTION 7.0 PRICE SHEETS AND FORMS .CONTENTS SECTION 7.0 - PRICE SHEETS (Please upload product manufacturer, part number, description, additional identifying information, MSRP (reference) price, Discount percentage from MSRP and Net Florida Agency (bid) Price through the MyFloridaMarketPlace Sourcing Tool.) Please note the three sections entitled, "Ammunition - Core Products ", "Less - Lethal - Core Products" and "Balance of Line - Non -Core Products ". For Balance of Line, only the Manufacturer's Name, Product Line offered and (minimum) Discount from MSRP should be included. SECTION 7.1 - RESPONSE PREPARATION CHECKLIST SECTION 7.2 - ORDERING INSTRUCTIONS SECTION 7.3 - SAVINGS /PRICE REDUCTIONS SECTION 7.4 - CERTIFICATION OF DRUG -FREE WORKPLACE SECTION 7.5 - EMERGENCY RESPONSE FORM SECTION 7.6 - QUARTERLY STATE TERM CONTRACT SALES SUMMARY REPORT (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF YOUR SOLICITATION RESPONSE. HOWEVER, SHOULD THE DEPARTMENT DETERMINE TO MAKE AN AWARD, SUBMITTAL OF THIS DOCUMENT, ALONG WITH DETAILED SALES REPORTING DATA AS REQUESTED SHALL BE REQUIRED OF CONTRACTORS.) SECTION 7.7 -VENDOR CERTIFICATION REGARDING SCRUTINZED COMPANIES LISTS SECTION 7.8 - NON - COLLUSION AFFIDAVIT Ammunition and Less - Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 54 of 66 Page 162 of 339 SECTION 7.0 (PRICE SHEET RESPONSES) Ammunition and Less-Lethal Products, ITB No. 3-680-050-0 .PRICE SHEET 1: Ammunition — Core Products and Prices PRICE SHEET 2: Less-Lethal — Core Products and Prices PRICE SHEET 3: Balance of Line — (Non-Core) Pricing Structure The Price Sheets are separate Microsoft ExcelTM Spreadsheet tabs, downloadable through the MyFloridaMarketPlace eProcurement Tool. [The remainder of this page is intentionally left blank (other than footer information).] Ammunition and Less-Lethal Products State Term Contract 680-050-12-1 September 28, 2011 Page 55 of 66 Page 163 of 339 SECTION 7.1 - (RESPONSE PREPARATION CHECKLIST) Ammunition and Less - Lethal Products, ITB No. 3 -680 -050 -0 The Response Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their response. The Response Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Check off each of the following as you comply: The Respondent has fulfilled all Sales Summary and Transaction Fee reporting and payment requirements as specified in the terms and conditions of all agreements with State of Florida agencies. Downloaded and read entire solicitation. Downloaded and /or become familiar with the Event Timeline and all items contained in the MyFloridaMarketPlace Sourcing Tool RFX Info Tab for this solicitation, Ammunition and Less - Lethal Products, ITB No. 3- 680 -050 -0 If necessary, reviewed the MyFloridaMarketPlace Sourcing Tool Online Training Guide and /or received assistance from the MyFloridaMarketPlace Customer Service Desk at 866- FLA -EPRO (866- 352 -3776) or. vendorhelpnmyfloridamarketplace.com .. Submitted all questions to the MyFloridaMarketPlace Q &A Board by specified deadline Viewed answers to submitted questions as posted in addendum to solicitation on the MyFloridaMarketPlace Sourcing Tool. Downloaded Price Sheets and reviewed carefully. Entered required forms and product and pricing information, and uploaded to the MyFloridaMarketPlace Sourcing Tool. Provided answers to all questions. Submitted Response using the MyFloridaMarketPlace Sourcing Tool. Deliver the CD format copy of MyFloridaMarketPlace Solicitation Response (please reference ITB Section 3.5.1), MSRP Price List, including Price List Spreadsheets, Balance of Line percentage discount offered (if applicable), product specification details and all attachments that require prices, data, and /or signatures, Warranties, Ordering Instructions form, Savings /Price Reductions form(s) and Other Documents required to be mailed in the solicitation to the attention of: Mark Lovell Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399 -0950 Outer packaging shall clearly state Solicitation Title, ITB Number, and Solicitation Response Due Date and Time! Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 56 of 66 Page 164 of 339 SECTION 7.2 (ORDERING INSTRUCTIONS) Ammunition and Less - Lethal Products, ITB No. 3- 680 -050 -0 CONTRACTOR: A Solicitation /Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made: Name: Title: Business Address City, State, Zip:_ E -mail Address:_ Phone Number(s): Fax Number: If the person responsible for answering questions about the solicitation response is different from the person identified above, please provide the same information for that person. Name: Title: Street Address: E -mail Address: _ Phone Number(s): Fax Number: Please provide the following information about where Customers should direct orders. ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: City, State, Zip: Phone Number: Toll Free Number: Internet Address: Federal ID Number: Remit Address: City, State, Zip: Ammunition and Less - Lethal Products State Term Contract 680- 050 -12 -1 September 28, 2011 Page 57 of 66 Page 165 of 339 Certified Dealers (Duplicate as necessary) Company Name: Contact Name: Street Address or P.O. Box: City, State, Zip: E-mail Address: Internet Homepage Address: Phone Number: Toll free Number: Federal ID Number: Remit Address: City, State, Zip: Company Name: Contact Name: Street Address or P.O. Box: City, State, Zip: E-mail Address: Internet Homepage Address: Phone Number: Toll free Number: Federal ID Number: Remit Address: City, State, Zip: Company Name: Contact Name: Street Address or P.O. Box: City, State, Zip: E-mail Address: Internet Homepage Address: Phone Number: Toll free Number: Federal ID Number: Remit Address: City, State, Zip: Ammunition and Less-Lethal Products State Term Contract 680-050-12-1 September 28, 2011 Page 58 of 66 Page 166 of 339 Service Representatives (Duplicate as necessary) Company Name: Contact Name: Street Address or P.O. Box:_ City, State, Zip: E -mail Address: Internet Homepage Address: Phone Number: Toll free Number: Federal ID Number: Remit Address: City, State, Zip: Ammunition and Less- Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 59 of 66 Page 167 of 339 SECTION 7.3 (SAVINGS/PRICE REDUCTIONS) Ammunition and Less-Lethal Products, ITB No. 3-680-050-0 The Respondent is required to furnish the percent (%) savings in prices offered compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this solicitation. 01 COMPETITIVE PRICES OFFERED PROVIDE MSRP. % SAVINGS OFF OF HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at [URL], or other source of benchmark prices)? AUTHORIZED SIGNATURE: TELEPHONE NUMBER: VAN201flVdald NZ-11u [a IF CONTRACT AWARDED, STATE PURCHASING ANALYST /SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST: PUR 7064 (Rev 2/04) Ammunition and Less-Lethal Products State Tenn Contract 680-050-12-1 September 28, 2011 Page 60 of 66 Page 168 of 339 SECTION 7.4 Section 287.087 of the Florida Statutes provides that, where identical tie bids are received, preference shall be given to a solicitation response received from a Respondent that certifies it has implemented a drug -free workforce program. Please sign below and return this form to certify that your business has a drug -free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. False statements are punishable at law. RESPONDENT'S NAME: 0 Authorized Signature Print Name and Title (04(02) Ammunition and Less - Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 61 of 66 Page 169 of 339 SECTION 7.5 EMERGENCY RESPONSE FORM Emergency situations, resulting from events such as natural disasters, may require immediate supply of commodities and services to various government entitities. If your firm is capable and willing to supply item(s) offered in this solicitation during an emergency situation, please complete the following:. Contract Number & Title: STC 680-050-12-1 Ammunition and Less-Lethal Products Contract Contact Person: Emergency Telephone Number(s): Mobile Number: Office Number: After Hours Telephone Number (if applicable): The above information will not be published. It will only be used by this office and the Emergency Management Center State Emergency Operations Center should the State of Florida determine an emergency situation exists. Company Name: Ammunition and Less-Lethal Products State Term Contract 680-050-12-1 September 28, 2011 Page 62 of 66 Page 170 of 339 SECTION 7.6 Quarterly State Term Contract Sales Summary Report Vendor Name: FEID #: Contact Person: Phone Numberif Email�'t 4 Contract Title: Contract #: Fax or Email form to: Mark Lovell Fax: 850- 414 -6122 Email: MarkLovellAdms.myflorida.com Report reflects all sales the 20I1/2012 AR ) CALENDAR QUARTERS: Check One ❑ Quarterly Period Ending March 31st ❑ Quarterly Period Ending June 30th �� f5`. �, � 7 �6. 1 ` �� 1��_ � Sd � •. `�. �� {1� � �c lCfU� a 4, la � k , �G i4�i� 2 # rc ,. �,� :(A. k�a� fi�1��. rS ❑ Quarterly Period Ending September 30th ❑ Quarterly Period Ending December 31st ENTITY TOTAL DOLLARS STATE AGENCIES: Report dollar amount sold to all State Agencies. $ POLITICAL SUBDIVISIONS: Report dollar amount sold to other Political Subdivisions [including but not limited to, Counties, Cities, Schools, Universities, Colleges and Utilities]. $ Please attach documentation that breaks out these sales by individual entity (i.e., Orlando P.D., Broward Sheriff's Office, FSU Campus Police, etc.) Environmentally Preferred Products Report dollar amount sold to agencies: $ Report dollar amount sold to political subdivisions: $ GRAND TOTAL: $ Under penalties of perjury, I declare that this is a true and accurate report of all sales due under the terms and conditions of this state term contract for the specified quarterly reporting period. AUTHORIZED TYPED SIGNATURE: 1111 AUTHORIZED ELECTRONIC SIGNATURE: Notes: WW - 1 Ammunition and Less- Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 63 of 66 Page 171 of 339 1) A quarterly report is required even if there are no sales for the specified quarter; please enter zero dollars where applicable. 2) This form is for the reporting of quarterly sales only. It is not related to reporting and payment of vendor transaction fees. 3) To enter electronic signature, click text box, click "Insert" (on tool bar), select "picture ", and select picture type to paste or enter signature. 4) For information concerning the use of this form, please contact the Contract Administrator named above. 5) Additional sales reporting requirements have been added under this State Term Contract. Please attach detailed sales data (Microsoft Excel format preferred) with quarterly sales broken down by customer name. (i.e., Jacksonville Sheriffs Office: $12,345.67 quarterly sales.) (Rev. 8/04/11) Ammunition and Less- Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 64 of 66 Page 172 of 339 Section 7.7 VENDOR CERTIFICATION REGARDING SCRUTINZED COMPANIES LISTS Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and /or costs. Certified By: Who is authorized to sign on behalf of the above referenced company. Authorized Signature Print Name and Title: Ammunition and Less - Lethal Products September 28, 2011 State Term Contract 680- 050 -12 -1 Page 65 of 66 Page 173 of 339 Section 7.8 NON - COLLUSION AFFIDAVIT I state that I of , (Name and Title) (Name of Firm) am authorized to make this affidavit on behalf of my firm, and its owner, directors, and officers. I am the person responsible in my firm for the price(s) the amount of this Reply, and the preparation of the Reply. I state that: The price(s) and amount(s) of this Reply have been arrived at independently and without consultation, communication or agreement with any other Provider, potential provider, Proposal, or potential Proposal. 2. Neither the price(s) nor the amount(s) of this Reply, and neither the approximate price(s) nor approximate amount of this Reply, have been disclosed to any other firm or person who is a Provider, potential Provider, Proposal, or potential Proposal, and they will not be disclosed before Proposal opening. 3. No attempt has been made or will be made to induce any firm or persons to refrain from submitting a Reply for this contract, or to submit a price(s) higher that the prices in this Reply, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Reply. 4. The Reply of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Reply. 5. , its affiliates, subsidiaries, officers, director, and employees (Name of Firm) are not currently under investigation, by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to Proposal, on any public contract, except as follows: I state that I, the named firm, understand and acknowledge that the above representations are material and important, and will be relied on by the State of Florida for which this Reply is submitted. I understand and my firm understands that any miss - statement in this affidavit is and shall be treated as fraudulent concealment from the State of Florida of the true facts relating to the submission of replies for this contract. Dated this Name of Organization: Signed by: Print Name ON being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this Notary Public: My Commission Expires: day of 2010. Ammunition and Less - Lethal Products State Term Contract 680 - 050 -12 -1 September 28, 2011 Page 66 of 66 Page 174 of 339 Ammunition and Less-Lethal Products / State Term Contracts / State Contracts and Agree Page I of 3 / e , '` Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Acireements > State Term Contracts > Ammunition and Less-Letha. Products MM MML Contract Type 09/27/2011 through 09/30/2015 • PrIcina • Contractors How to Use this Contra A This state term contract includes ammunition and less-lethal products [e.g., new and reload ammunition, pepper spray (oleoresin capsicum), other less-lethal munitions and training devices.] 'Ti http://www.dms.myflorida.com/business ol)erations/state_purchasing/vendor informatio 1 P11 of 3'�r- Contractors - Combined Systems, Inc. (A) / Contractors / Ammunition and ... Pagel of3 A MIS wl TsMW Combined Systems.. pCOMMMyT r, 11 M M M. • Name: Kristal Starcher *T'il : CustomerService Re ®resentativ"t City, State, Zip: Jamestown, PA 16134 E-mail Address: Kristal@combinedsystems.com Phone Number(s): 888-989-7800 ext: 129 Fax Number: 724-932-2166 Utilizes Yes L023= ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW f http://www.dms.myflorida.com/business�_operations/state_purchasing/ven 12 ' 92df of 339 Contractors - Combined Systems, Inc. (A) / Contractors / Ammunition and ... Page 2 of 3 Federal ID Number: 59-328129 http://www.dms.myflorida.com/business�_operations/state_purchasing/ven 12/ V2)�bJ47 of 33,3 6.F. CONSENT AGENDA 1/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =11 Il► Eel .7_rIirc19►��ZV REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on December 15, 2014. EXPLANATION OF REQUEST: The City Commission met on December 15, 2014 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non - budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Other REVIEWERS: Department City Clerk Reviewer Pyle, ,Judith Description Minutes 12 -15 -14 Action Approved Date 12/17/2014 - 10:14 Al Page 178 of 339 a 9: 1 MIN :Wll W_11, Ksl I waste] 6 1 J, 1 6 Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner # » =2. wm li WOU =1 1 ki A. Call to Order - Mayor Jerry Taylor 13, �*" CLOSED-DOOR SESSION commencing at 545 p.m. on December 15, 2014 to discuss © case C.M. vs. City of Boynton Beach and Stephen James Maiorino - Case No. 2014CA01 3942 Division AN 03"MYNOW At 6:30 p.m. Mayor Taylor again called the meeting to order, having ended the close door session. I W . oil "M M M-HOINFIELTIM - t» Is 0 0 » <f 0— « 20Z 0 Nag W9161 - OFARN - Page 179 of 339 Vice Mayor Casello wanted to strike Item 12.13 from the agenda. Mayor Taylor noted Items 9 D, E, F, G and H were all tabled until January 20, 2015. Commissioner Merker moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Commissioner McCray requested that Item 12.13 be added to the agenda under Futu Agenda Items for discussion later. I Commissioner Merker wished everyone Merry Christmas and Happy Hanukkah and hoped the coming year would be happy and healthy for all. Vice Mayor Casello commended the Police Department for their involvement with th�-� "Shop with a Cop" program and related the story of the 9-1-1 call made by a girl who had no Christmas tree. The two responding officers obtained a tree, lights, decorations and presents so the family could enjoy the holidays. He wished everyone Happy Holidays and a good, prosperous, safe New Year. 2 Page 180 of 339 MEETING MINUTES em �Mvin BOYNTON BEACH, FL FIV --T1 17 Tp--n I M 14 4 El I Mayor Taylor suggested the City Manager work with the Recreation and Parks Department to have some sort of recognition be presented to the quarterback of the. year from Boynton Beach Community High School. He remarked the "Shop with a Cop" program is a wonderful experience for everyon and most children first pick out presents for other family members before they think 'themselves. Also, the Fire Department put on a pancake breakfast with the procee going to the Community Caring Center. I is Wally Majors, Director of Recreation and Parks, recognized a supporter of the parad Auto Nation Delray, who each year donate convertibles for the dignitaries. representative was present and Mr. Majors publicly thanked them for their continu contribution. I Awards were presented by Mayor Taylor to the best marching unit in the parade, Gala-T E3 Girl Pat Steppers, most outstanding float was an entry from Lakeside Christi Church and the best performance of a marching band was awarded to Palm Bea Lakes High School. I B. Hear presentation by Boynton Beach Mental Health Committee on their new logo. K Page 181 of 339 Ij 91111 Commissioner McCray remarked the extension of the "y" should be shortened and Mr. Hay agreed. Mayor Taylor commended the Committee and its members and was �-Ieased the young people were involved, since mental health affects all ages. Mayor Taylor announced City Hall would be closed on Friday, December 26, 2014, the day after Christmas, in addition to the 24 th and 25 th of December. The area called Girl Scout Park has been vacant because the residents oppose it. I'l could have generated taxes for the City. Mr. Kalra advised he was not a developer and currently has no intention of developin the land. He questioned various aspects of building and maintaining the park and monies were budgeted for the improvements. The local residents should also b considered in the decision. I Bradley Miller, with Miller Land Planning and member of the Chamber of Commer i was proud to attend the Buffalo Wild Wings ribbon cuffing on Congress Avenue. H commended staff for their fast approvals to open the facility that will have over 1 employees. The restaurant will be a huge asset to the City of Boynton Beach. A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and NonVoting Stu (NN Stu) openings exist: 4 Page 182 of 339 -- am= Commissioner McCray moved to appoint Robin Lorenz as a regular member of the Arts 2o - timission. Commissioner Merker seconded the motion. Tornno ME Commissioner McCray tabled his appointment to the Building Board of Adjustment and Vice Mayor Casello moved to appoint Carol Lundquist as a regular member of the Education and Youth Advisory Board. Commissioners McCray and Merker seconded the motion. Mayor Taylor moved to appoint Tiffany North as an alternate member of the Education and Youth Advisory Board. Commissioner McCray seconded the motion. 5 Page 183 of 339 7 =.- I Mayor Taylor moved to appoint Stanley Gavlick as an alternate on the "T#e, Advisory Commission. Commissioner Merker seconded the motion. A 13m= Commissioner Merker moved to appoint Stuart Preston as an alternate member of t Veterans Advisory Commission. I 9M Tlyrommil Commissioner Fitzpatrick pointed out Mr. Preston was a veteran of the Battle of the Bulge. Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R14-127 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R14-129 - Approve the Settlement Agreement with the Palm Beach County Department of Health (PBCHD) for improvements to the Oceanfront Park wastewater treatment plant and authorize the City Manager to sign the Agreement. M . Page 184 of 339 jT I k . kj L watillwing"I"Ji . HEM 10YA 0 1 PEI 11. PROPOSED RESOLUTION NO. R14-130 - Adopt the 2015 City • Boynti Beach Legislative Agenda E. Accept the Fiscal Year 2013-2014 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ending September 30, 2014 (unaudited). F. Accept the written report to the Commission for purchases over $10,000 for the month • November 2014. G. Approve the minutes from the Regular City Commission meeting held on December 2, 2014. A. Approve a one year piggy-back of Manatee County Agreement No. 11-065FL, .Amendment No. 4, for Odor and Corrosion Control Services with Evoqua Water Technologies, LLC for the purchase of Hydrogen Peroxide. The estimated annual expenditure is $210,000. Commissioner McCray moved to approve the piggy-back bid with Evoqua Water Technologies. Commissioner Merker seconded the motion. MIT"Ilroym The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. W -191 9 101 A A 0 1 1 . 1 9 1. 11 IT ININ10111, I I ! III I 1-11 - I MUM= VA Page 185 of 339 W i I I Wag I ;? « -.,am k fm 2 FRY—T-T--Ti1iTP--TKWFU1 V M=.. Commissioner Merker moved to approve Proposed Ordinance No. 14-■ 35. Commissioner McCray seconded the motion. =1 IMMEM I Request to grant a variance of seven (7) feet to allow a thirteen (13) foot rear setback instead of the twenty :y #, foot rear setback required per Part 111, Chapter 3, Article III, Section 2.13.3 of the Land Development Regulations. Mayor Taylor noted the request had been approved by the Planning and Development Board. Commissioner Cray moved to approve the variance requested. Commission-'" Merker seconded the motion. I 1;j 11 11I!17» II — � V—Mmme — 0 » 0 <« James DeVoursney, 2625 Lake Drive North, inquired if ©. variance would _ # < t# all future rear setbacks, City wide. Amanda Parker, Planner, advised it was for onA specific property at 622 South Road. There are two or three properties in ©> sam_ subdivision that have a similar variance. Ms. Parker noted regulations are created <# : »< properties; however, some subdivision M do not meet the typical dimensions and that is ® hardship with this property. Mo ' I properties are designed in a more linear fa shion mi . Comssioner Fitzpatrick pointed o all the surrounding homeowners ©» the space as required. The illegal additi N. Page 186 0 339 I Ion 0 1 to] :I== U1 r created the problem and the variance would reward bad behavior. Ms. Parker recallEj there are three houses in the subdivision that have variances setting a precedent in th subdivision. i Vice Mayor Casello suggested the solution may be to rezone the subdivision. Ma Parker was not sure that would be a viable solution. The variance is specific to the o property. I Commissioner Fitzpatrick questioned the impervious area created and noted it woul4 not be a good solution for the area. Ms. Parker did not agree. Ed Breese, Principal Planner, advised the City was aware it is an illegal structure an@ the owners could be cited. The owner's intent was to reconstruct the addition and if th was not done, the recourse would be to cite the owners as a Code violation. The motion to approve the variance was passed 4-1 (Commissioner Fitzpatril dissenting). Vice Mayor Casello moved that the staff return to the Commission in six months with follow up on the Code violation. I 9 Page 187 of 339 Jpr_r 1 C. Approve request for Major Site Plan Modification to construct a one-story, 7,420 square foot Texas Roadhouse restaurant building and related sit(-t improvements. Applicant: Bradley Miller, Miller Land Planning, Inc. Bradley Miller, of Miller Land Planning, advised the applicant was in agreement with staff recommendations and conditions. - N Commissioner McCray moved to approve the Major Site Plan Modification. Commissioner Merker seconded the motion. The site was located and it was noted the only signage would • • the building. 11 would involve 76 parking spaces • the site and there would be surplus parking within the mall itself. Mr. Bradley reported the applicant was in the permit process and hopefully the proje would move along quickly and add another 40 employees in the City. It was a excellent family restaurant. There was an additional handicap parking space included the plans. I =7 Page 188 of 339 G. PROPOSED ORDINANCE NO. 14-033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14-001) from R-1-AA (Single-Family Residential District to an IPUD -r Unit Development) with a Master Plan for townhouse development. a greement of parties Tabled to f HEARING H. PROPOSED ORDINANCE NO. 14-034 - FIRST READING - PUBLIC Approve Casa Del Mar rezoning it '' R' Planned Unit Development) with a Master Plan for marina use to an PU D with a Master Plan for r r e development. • o patties Tabled to f'' 1 • • - advised a budget amendment had been prepared rr. - r Police are not included because they are in active negotiations. monies • r be pulled from the undesignated fund balance. Commissioner Merker moved to approve the budget amendment. Commissionm McCray seconded the motion. The motion passed unanimously. 11 Page 189 of 339 III k W k I I Watt I I wil znlm I fm ly� B. PROPOSED RESOLUTION NO. R14-132 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City. Commissioner McCray moved to approve and ratify the White Collar Bargaini Agreement. Commissioner Merker seconded the motion. I M UMME= MEMPTA =00 PROPOSED RESOLUTION NO. R14-133 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City. ly, • Commissioner McCray moved to approve and ratify the Blue Collar Bargaining Agreement. Commissioner Merker seconded the motion. IMM Review the Utilities Monthly Operating Report for the month of November 2014. f� Commissioner McCray noted all Departments should make regular reports to thll� Commission. Ms. LaVerriere advised it would be done in the future. Colin Groff, Director of Utilities, indicated this was a quarterly report. There are $ million of expenditures a year in the Utilities Department. The report sets a measurab standard to improve the utilities and offer better service. I Improving employee safety is the number one goal. The recordable injury rate is high than the industry average. It has gone down, but minor injuries continue to occur a further training was being done. I All of the goals of treatment operations are on target to provide quality water an dispose • wastewater efficiently. Field operations are also meeting their goals. The were several major breaks in July. Since that time the breaks have been isolated so n as many customers are impacted. I 12 Page 190 of 339 MEETING MINUTES :ieyd 0 1 to] 0 1 - .1 F97-77-To lo T,-T 9 V P 14 W The majority of the capital monies are spent on the central Seacrest corridor replacinle water lines, installing stormwater systems, repaving the roads and restoring the right-o way. It is approximately 30% finished and it is anticipated to be completed six mont earlier than proposed. I The last phase of raw water main segment would be bid in January with construction to follow. The Lake Boynton Estate project is almost finished six months early. The $2 million master pump station project is about 60% finished. The financial metrics beat last year's goal and budget. The costs were raised conjunction with the cost of living. The expenses are closely monitored. T Department has been more aggressively collecting debt. Policies are being initiated the invoices do not become large. Customer communication has improved. Water sh offs include written notice to the customer with an opportunity to pay the bill. 1 1 Mayor Taylor noted there were numerous projects ongoing since Mr. Groff's arrival and he commended the employees for the work they do. The Commission appreciated their ound-the-clock efforts. Commissioner Fitzpatrick speculated there were more issues than two or three, M Groff related the only issues were the three houses on the one street. It has been challenge because of the extensive landscaping, mistakes on the survey lines and oth issues. The contractor would be held responsible. I D. Approve addition to the City's pay plan • nine (9) new Job Classifications within the Utilities Department: Utility Field Technician I-V, 13 Page 191 of 339 W i J Wacill Igg aum k 1W J, - am 10YA L I to] = Electrical/Instrumentation 1-11, Control System Technician and Plani Operator/Maintainer Trainee. WIN ill 11111111111 11111111111 �1111 111�1 ;1 1111�111 �1111 11111 111, 1�!Iqi I IN I I Commissioner McCray thanked Mr. Groff for getting new job classifications that were long overdue. The changes would provide paths for promotions. 1IT"11TOWN WFTIA�� 1 11"1110 Vice Mayor Casello noted the evaluations came in above exceptional in most cases. He moved for a 2% raise for the City Manager. Commissioner McCray noted there are outstanding contracts and negotiations. He fl those should be settled before the City Manager is awarded a raise. He was agreement with the 2%; timing was the issue. Mayor Taylor offered the City has an outstanding City Manager and he hoped sh would continue to serve for a long time. The raise would be the same as all oth employees receive. I • - Discuss City lobbyist representation • outside parties as they relate to City bLJSi im Page 192 of 339 jyj i I Watill Wil mm k 1W J1 IOYJ 0 1 to] 1: I== a l E (This item was removed from the agenda.) Commissioner cCray had requested the item be placed under Future Agenda and then later withdrew that request. FIRRJAC HWO N k I JJ I =1 k i l 11 There being no further business to come before the Commission, Mayor Taylor proper adjourned the meeting at 7: 33 p.m. i FA - a - , A I *,*] 15 Page 193 of 339 REQUESTED ACTION BY COMMISSION: Award the "Two Year Bid for Dumpster Repairs ", Bid No. 016 - 2515-15/JMA to IES Sales and Service, LLC of Opalocka, FL for a two year period. This bid will be utilized on an "As Needed" Basis with a projected expenditure of $120,000 over a two year period. EXPLANATION OF REQUEST: BID TERM: JANUARY 16, 2015 THROUGH JANUARY 15, 2017 On December 2, 2014, Procurement Services opened one bid submitted in response to the Request for Bid and one "No Bid ". The submitted bid was from the Solid Waste Department's current vendor, IES Sales and Service, who met all bid specifications. Jason Yaeger, Solid Waste Supervisor, has recommended that the City continue with IES Sales and Services as the awarded vendor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Solid Waste Division of Public Works needs a reliable, established vendor to provide repairs to the City's metal containers and roll -offs in a timely manner. Awarding the bid will provide Solid Waste with a vendor to perform these necessary repairs. FISCAL IMPACT: Budgeted Funds for this repair service are budgeted in the Solid Waste Fund, account number 431 - 2515 - 534- 46 -93. Previous fiscal year expenditures are as follow: Expenditures for Fiscal Year 2014: $44,716. Expenditures for Fiscal Year 2013: $57,595. ALTERNATIVES: The City could replace the dumpsters rather than repairing them, which would more than double the fiscal year expenditure for repairs. STRATEGIC PLAN: �g 0 0 _ ll 1 *11102:2 wi 1► I_ 1» 4[ Kill 1101 Ll A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS Page 194 of 339 VENDOR NAME: IES Sales and Service START DATE: 1/16/2015 END DATE: 1/15/2017 CONTRACT VALUE: $120,000. MINORITY OWNED CONTRACTOR ?: Yes *:40=1►69 Eel ►I_V /_11w_1- 11 *SWIM EXTENSION EXPLANATION: Bid may be extended for two (2) additional one -year terms. ATTACHMENTS: Type D Tab Sheets D Other D Memo REVIEWERS: Department F inance F inance Legal City Manager Description Tabulation Sheets Proposal from IES Sales and Service Recommendation to Award Reviewer Action Date Howard, Tim Approved 12/15/2014 - 4:37 PM Howard, Tim Approved 12/15/2014 - 4:37 PM Swanson, Lynn Approved 12/16/2014 - 3:13 PM LaVerriere, Lori Approved 12/17/2014 - 6:52 AIM Page 195 of 339 TWO YEAR AGREEMENT FOR DUMPSTER REPAIRS BID DUE DATE: DECEMBER 2, 2014 BID: DUE TIME: 2:30 P.M. BID NO.: 016 - 2515- 15 /JMA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS I.E.S. SALES AND SERVICE, LLC 2340 NW 147 St., Bay F -3 Opalocka,FL 33054 Tel: (305) 687 -9400 Fax: (305) 687 -9700 E -mail recyclelCSQgmaii.com Contact: Stanley Nunez ORIGINAL AND THREE (3) COPIES ORIGINAL AND TWO COPIES SUBMITTED SPECIFICATION PAGES 3 TO 6 YES SUBMITTED BIDDER ACKNOWLEDGEMENT YES SUBMITTED PRICE PROPOSAL FRONTLOAD DUMPSTERS: 2 CUBIC YARDS $230.00 3 CUBIC YARDS $245.00 4 CUBIC YARDS $270.00 6 CUBIC YARDS $318.00 8 CUBIC YARDS $348.00 PRICE PROPOSAL ROLL -OFF BOXES: 10 CUBIC YARDS $799.00 20 CUBIC YARDS $1,170.00 30 CUBIC YARDS $1,275.00 40 CUBIC YARDS $1,300.00 HOURLY RATE FOR ADDITIONAL WORK AT VENDOR'S FACILITY $85.00 TWO YEAR AGREEMENT FOR DUMPSTER REPAIRSPag2 196 Of 339 TWO YEAR AGREEMENT FOR DUMPSTER REPAIRS BID DUE DATE: DECEMBER 2, 2014 BID: DUE TIME: 2:30 P.M. BID NO.: 016 - 2515- 15 /JMA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS I.E.S. SALES AND SERVICE, LLC 2340 NW 147 St., Bay F -3 Opalocka, FL 33054 Tel: (305) 687 -9400 Fax: (305) 687 -9700 E -mail recyclelCSQgmaii.com Contact: Stanley Nunez OPTIONAL PRICE PROPOSAL FRONT - LOAD DUMPSTERS: 2 CUBIC YARDS NO BID 3 CUBIC YARDS NO BID 4 CUBIC YARDS NO BID 6 CUBIC YARDS NO BID 8 CUBIC YARDS NO BID OPTIONAL PRICE PROPOSAL ROLL - OFF BOXES: 10 CUBIC YARDS NO BID 20 CUBIC YARDS NO BID 30 CUBIC YARDS NO BID 40 CUBIC YARDS NO BID HOURLY RATE FOR ADDITIONAL WORK AT THE CITY'S FACILITY: $85.00 TWO YEAR AGREEMENT FOR DUMPSTER REPAIRSPag2 197 Of 339 TWO YEAR AGREEMENT FOR DUMPSTER REPAIRS BID DUE DATE: DECEMBER 2, 2014 BID: DUE TIME: 2:30 P.M. BID NO.: 016 - 2515- 15 /JMA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS I.E.S. SALES AND SERVICE, LLC 2340 NW 147 St., Bay F -3 Opalocka,FL 33054 Tel: (305) 687 -9400 Fax: (305) 687 -9700 E -mail recyclelCSQgmaii.com Contact: Stanley Nunez NON COLLUSION AFFIDAVIT SUBMITTED YES ANTI - KICKBACK AFFIDAVIT SUBMITTED YES CONFIRMATION OF MINORITY OWNED YES /MINORITY OWNED BUSINESS SUBMITTED BUSINESS - NOT CERTIFIED CONFIRMATION OF DRUG FREE YES WORKPLACE SUBMITTED PALM BEACH COUNTY INSPECTOR YES GENERAL ACKNOWLEDGEMENT SUBMITTED. COMMENTS: TWO YEAR AGREEMENT FOR DUMPSTER REPAIRSPag2 198 Of 339 Page 199 of 339 U#Rl AT Sealed bids will be received in PROCURE© SERVICES, City of Boynton Beach, <! #2 Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: Tuesday, December .2 « No Later Than 2:30P.M. (Local Ti Page 200 0 339 Finance,lProcurement Services 100 E Boynton Beach Boulevard A 0. Box 310 Boynton Beach, Florida 33425-0310 one. (561) 742-6323 FAX. (561) 742-6316 U#Rl AT Sealed bids will be received in PROCURE© SERVICES, City of Boynton Beach, <! #2 Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: Tuesday, December .2 « No Later Than 2:30P.M. (Local Ti Page 200 0 339 1 010 I UN Per Palm Beach County Code Section 2-355, after the deadline to respond to this RFP, members of th City Commission are prohibited from communicating directly or indirectly with proposers or bidders regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation until such time as the City of Boynton Beach (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications *'uring this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Sectiorr 2-357. I " 1 2 02 0 01TIN AASQ TIM W. HOWARD DIRECTOR OF FINANCIAL SE Page 201 of 339 UKO KY' yl QUA I A +Y 2 »#« LI:Z1 4r.'1011� 2 1211 The successful bidder shall provide services in accordance with the following conditions and specifications: -J * 6 Containers must be constructed with all new materials, free of defects and fabricated with first class workmanship and engineering techniques, using hot rolled steel. 7UM2 / IMLIMMI 0 11 � ''P1111110011111111111 17 "1 i ;�;; IN -. I I I "'j, « t>+ Page 202 0 339 STEEL CONTAINERS: Materials and Fabrication to be supplied and/or performed as follow: Container: Front, rear, and end walls must be 12-gauge hot rolled steel; Bottoms must be 10-gauge hot rolled steel. Dumping or lifting sleeves must be 10-gauge hot rolled steel. One (1) piece wraparound scuff or buck plates must be Yx 3" ; 3/16 on dumping side; reinforcing gussets must 3/16" on 8" centers. 3, 4, 6, and 8 Yard Containers must be fabricated of 12-gauge hot rolled steel — front, rear and end walls. Bottom must be 10-gauge. Incorporate 3" form channel on t side wall and x 3/8" angle iron hinge support on rear wall. End walls must be reinforced with 1 0-gauge form-pressed steel at top edge. Lid hinges must be fabricated with 2-1/2" x high tensile steel secured with black rod with cotter pin for easy removal and maintenance. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 203 of 339 External seams on all containers must be continuously machine welded, intermittent welding on internal seams – 3" stitch welds on 10-gauge centers. I ZkOIR Iq#V*I vendor shall be responsible for a complete inspection of the dumpster. L The vendor shall report and obtain approval for any additional recommended repairs(s) to: Jason Yaeger, Solid Waste Supervisor, (561) 742-6583. —T– All prices are FOR Boynton Beach. MM RL"N' M IN] Q 1 4 a RKWORVII 212 1MVIII ill OW-1 am Fill.1 I Page 204 of 339 FIX011KO- �*: 11 Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Supervisor, Jason Yaeger, Vendor may submit a bid • repair dumpsters and/or roll-offs at the City's facility located at the Rolling Green Municipal Complex, 515 NW 15�' Street, Boynton Beach. 3 1 pwWwwau Yj 111: Page 205 of 339 N Page 206 of 339 Page 207 of 339 Page 212 of 339 fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 1. Keep and maintain public records that ordinarily and necessarily would be required by ihe City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored technology of the agency. RERETIAL The Finance Director may renew the bid/contract, at the same terms, conditions� and prices, for two one-year extension subject to vendor acceptance, satisfactory performance and determination that renewal will be in the interest of the City. Bid prices are to be firm for a period of two years from date of bid award. 1EI Page 213 of 339 2. The following language is made a part of, and is to be included in the specifications hereti attached: 3. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of quacations as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. 4. The City, by written notice, may terminate in whole or in part, any Contract resulting from the invitation to bid, when such action is in the best interest of the City. If the Contract(s) are so terminated, the City shall be liable for payment for services rendered prior to the effective date of tennination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. LN Page 214 of 339 ATTACHMENT A General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ----- — ------------------ — — ----------------- — --------------------- Automobile Liability — --------------------- — - — — -------------------- Combined Single Limit — ------ $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal — — ----------------- — ------------ — — ------------------------- — ---------------------- Garage Liability — -------------------------- — -------------- Auto Only, Each Accident $ 1,000,000.00 Any Auto her Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 ----------------- — -------------- — ----------------- — - — ------------------ Aggregate $ 1,000,000.00 Excess Liability — ----------------- — — — ------------------------- Each Occurrence to be determined Umbrella Form --------- — — -------------------------------- Aggregate to be determined — --------------------- Worker's Compensation — ------------ — ----- — — ------------------- — --------- — — — ---- Statutory Limits Employees Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 -------- — -------------- — ------------- — -------------------------- Disease Each Employee $ 100,000.00 — Property — ----------------- — --------------------- --- — --------------- Homeowners Revocable Permit $ 300,000.00 Builder's Risk — — ------------- — — ------------ — -------------------- — --- — ------------------- Limits based on Project Cost Other - As Risk Identified — --- — -------------- — -- — -------------------------- to be determined 2 Page 215 of 339 Page 216 of 339 1:1181414 Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: TWO YEAR AGREEMENT FOR DUMPSTER REPAIRS FOR THE CITY OF BOYNTON BEACH Itil 12T4 M11 All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: C'', se-p- \JPcos-z (t Federal I.D. Number: A Corporation of the State of: ffjn2rV_-4 Area Code r elephone Number: 6 !#!q_OCD Area Code: �705_ FAX Number: Mailing Address: City/State/Zip: CPA (49 Vendor Mailing Date: E- Mail Address: W_ 4 - M-1=1 18 Page 217 of 339 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA BID II 016-2515-15/JMA L 11 - 1 1 ` I -;, -, -.1- 7— When submitting more than one bid proposal price for this service, please attach a separate proposal sheet for each. IIII-Iliq I 1 1111 wit IIIIII 4A 110"Sto M ,"I LAW 71 9191[41MMW7 VJM M M IMI � " *711"1 • M'Tr? FRIIIII MM' fiefl& I--TMPMVt=1 PITTM7 MoIi nets ot Ma "As Needed Basis". Additional work to be quoted in time and materials and approved by Supervisor. ADDITIONALWORK: $ " perH our 4-:2- in IM Page 218 of 339 INS Bidder to provide a flat rate price for the replacement of dumpster bottoms, to include preparation, priming, painting, inspection and repair of lid bar tabs, as per the specifications to be performed on-site at the City's Facility: Rolling Green Municipal Complex 515 NW 15� Street Boynton Beach, FL 33435 2 .-I.-WWW" tandca,�, Addonal work shall include miscellaneous repair's to dumpsters and/or roll-off containers on an "As Needed Basis". Additional work to be quoted in time and materials and approved by Supervisor. 0 ADDITIONAL OR $ � - per Hour L TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.: 016-2515-15/JMA 01 Page 219 of 339 Number »k Proposals submi § ° .. \« 6 a ?-&* FAX NUMBER THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No: 2, «» 15 /JM W Page 220 of 339 11OUT State of — r — lve - 21�A Countv of k') Ae is fully informed respecting the preparation and contents of the attached bid and of pertinent circumstances respecting such bid; I — G t I #' » , 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this afflant. (Signed)4 f-.— Page 221 0 339 ra ral I ug, i a 2 c a ml WR By: r I 6 t"q- ( - NZ4: La - 7 NAME - SIGNATURE Swo 'bed be gV�tcr' fo day of re � 20 m this � "'' ■1 i I W ©, � I II!=f7 i ; �le o I �-w M ��t Large Kll� V-*NT iv�* W111 28 AZIMA.Vism EXPIRES June ,2015 Print TITLE T&S y » i3? ,,, At cc_ u- ic ei (�Cc, COMPANY THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.: 0 1 6-2515-15/JMA EE Page 222 0 339 RM 111, - - , Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Von- MOB-1 91 Page 223 of 339 ASIAN BLACK HISPANIC WOMEN 111, - - , Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Von- MOB-1 91 Page 223 of 339 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the em•l• yee's community w employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 101 A MOM U1 100 Z4 4 WO-141"T1 9 IQ I W-JOH DMTOM 2 UFAH I 25 Page 224 of 339 VMS i M6 The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. W1 Date: • MOM 01MUROxy—ft"M V tal WINIMMEOMUMM W. Page 225 of 339 Alibrandi, Julianne From: Yaeger, Jason Sent: Thursday, December 04, 2014 12:36 PM To: Alibrandi, Julianne Cc: Roberts, Christine Subject: Dumpster Repair Bid Importance: Higi I have looked over the bid proposal from LE.S SALES and Services and I accept it. They are the current vendor for our reuairs; now. So the start January-IV?M'�ZJ-tj&UiejxeptLk� expectations of repairs needed. Jason Jason Yaeger, Solid Waste Supervisor Public Works /Solid Waste City of Boynton Beach 222 N.E. 9th Ave. I Boynton Beach, Florida 3341; o: 561-742-6583 yaegeri@bbft.us I www. boynton- beach. o Likcrtwz an F-acebook 91 y Page 226 of 339 9.A. PUBLIC HEARING 1/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (By agreement of all parties Tabled to 1120115) EXPLANATION OF REQUEST: The subject abandonment request has been concurrently submitted with a New Site Plan Application (NWSP #14 -004) to develop the abutting properties with 80 fee - simple townhouse units (see Exhibit "B" — Proposed Site Plan). The right -of -way proposed to be abandoned is completely surrounded by the proposed development which is currently under a single ownership. The right -of -way is the dead -end portion of Lake Drive that, if abandoned, would be completely incorporated into the proposed site plan. Staff has placed a condition of approval on the project that the applicant be required to complete a Unity of Title to ensure that the property be unified in order to maintain appropriate access to all lots involved. If, for any reason, the property is not developed per the concurrent Site Plan Application than a cross access agreement may be required in order to ensure appropriate access to all properties. The Planning & Development Board reviewed this item on October 28, 2014 and forwards it with a recommendation of denial. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non - budgeted N/A ALTERNATIVES: None recommended. X110:7_ 'l 1*41:02 Will ►F STRATEGIC PLAN APPLICATION: it 9 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Page 227 of 339 Type Ordinance Staff Report Staff Report Staff Report Staff Report D Conditions of Approval Development Order Letter REVIEWERS: Department Reviewer City Clerk Pyle, ,Judith Action Approved Date 1211712014 - 10:08 Al Page 228 of 339 1 ORDINANCE NO. 14- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A FORTY 5 (40) FOOT WIDE RIGHT- OF-WAY KNOWN AS NORTH 6 LAKE DRIVE, MORE PARTICULARLY DESCRIBED 7 HEREIN, SUBJECT TO STAFF COMMENTS; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE A 9 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 11 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, Dodi Buckmaster Glas of Gentile Glas Holloway O'Mahoney & 16 Associates, Inc., is requesting the City abandon a forty (40) foot wide by 135 foot portion 17 of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls 18 Subdivision to the north, subject to staff comments; and 19 20 WHEREAS, comments have been solicited from the appropriate City 21 Departments, and public hearings have been previously held before the City's Planning & 22 Development Board, and the City Commission on the proposed abandonments; and 23 24 WHEREAS, staff finds that the forty (40) foot wide by 135 foot portion of road no 25 longer serves a public purpose, and the City Commission adopts that finding. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and 31 incorporated herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does 34 hereby abandon a forty (40) foot wide by 135 foot portion of North Lake Drive bounded 35 on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north, subject to 36 staff comments. The property being abandoned is more particularly described as follows: 37 38 A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, 39 AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF 40 PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS 41 FOLLOWS: 42 43 BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, ACCORDING 44 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE 45 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 0 41'36" EAST, 46 ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID LAKESIDE GARDENS, A 47 DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION, C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ C672FEA9- 390D- 412A- 94D1- 4A70F8C7A4EF \Boynton Beach.278.1.Ordinance _North_Lake_Dr_ Abandonment _(Casa_Del_Mar). doc Page 229 of 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89 0 18'38" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 0 41'36" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 0 16'57" WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of , 2014. SECOND, FINAL READING AND PASSAGE THIS day of , 2014. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice -Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ C672FEA9- 390D- 412A- 94D1- 4A70F8C7A4EF \Boynton Beach.278.1.Ordinance _North_Lake_Dr_ Abandonment _(Casa_Del_Mar). doc Page 230 of 339 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a forty (40) foot wide by 135 foot portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 °41'36" EAST, ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID LAKESIDE GARDENS, A DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89 °18'38" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 °41'36" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 °16'57" WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of 2014. ATTEST: Janet M. Prainito, MMC City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ C672FEA9- 390D- 412A- 94D1- 4A70F8C7A4EF \Boynton Beach.278.1.Ordinance _North_Lake_Dr_ Abandonment _(Casa_Del_Mar). doc Page 231 of 339 officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2014. NOTARY PUBLIC, State of Florida My Commission Expires: C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ C672FEA9- 390D- 412A- 94D1- 4A70F8C7A4EF \Boynton Beach.278.1.Ordinance _North_Lake_Dr_ Abandonment _(Casa_Del_Mar). doc Page 232 of 339 .DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14- 035 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf, Planning and Zoning Director FROM: Amanda B. Parker, Planner II DATE: October 1, 2014 SUBJECT: Abandonment of a portion of North Lake Drive (ABAN 14 -001) NATURE OF REQUEST Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., the agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC, is requesting the abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north (see Exhibit "A" — Location Map). The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). The right -or -way extends in a north -south direction along properties which are owned by the applicant. The following is a description of the zoning districts and land uses of the properties that surround the subject property to be abandoned: North, Existing Land Use: Special High Density Residential (SHDR); and Low Density Residential East & (LDR) West: Proposed Land Use: Special High Density Residential (SHDR) - Maximum 20 dwelling units per acre (du /ac) (see concurrent LUAR 14 -001) Existing Zoning: IPUD (Infill Planned Unit Development) with a Master Plan for a Marina /Yacht Club use; and R -1AA (Single - Family Residential District) Proposed Zoning: Infill Planned Unit Development (IPUD) with a Master Plan for Residential use (see concurrent REZN 14 -005) South: Dimick Road right -of -way and North Lake Drive right -of -way, and farther south several single - family residences on the south side of Dimick Road and on the east side of North Lake Drive that are designated Low Density Residential (LDR) and zoned Single - Family Residential (R -1AA); and Page 233 of 339 Page 2 Memorandum No. PZ 14 -035 ABAN 14 -001 BACKGROUND The subject abandonment request has been concurrently submitted with a New Site Plan Application (NWSP #14 -004) to develop the abutting properties with 80 fee - simple townhouse units (see Exhibit "B" — Proposed Site Plan). The right -of -way proposed to be abandoned is completely surrounded by the proposed development which is currently under a single ownership. The right -of -way is the dead -end portion of Lake Drive that, if abandoned, would be completely incorporated into the proposed site plan. Staff has placed a condition of approval on the project that the applicant be required to complete a Unity of Title to ensure that the property be unified in order to maintain appropriate access to all lots involved. If, for any reason, the property is not developed per the concurrent Site Plan Application than a cross access agreement may be required in order to ensure appropriate access to all properties. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04 -007 and the abandonment request has been advertised in the newspaper. A summary of the responses is as follows: CITY DEPARTMENTS /DIVISIONS Engineering Public Works /Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light AT &T Florida Public Utilities Comcast No objection No objection No objection - No objection - No objection - No objection - No objection RECOMMENDATION Staff has determined that the subject right -of -way no longer serves a public purpose. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon this 135 foot portion of Lake Drive. Any conditions recommended by the Planning and Development Board and /or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S: IPlanningISHAREDIWPIPROJECTSICasa del Mar%Casa Del Mar 20141ABAN 14- 0011ABAN Staff Report.doc Page 234 of 339 Exhibit `A' Location Map: Portion of Lake Drive Page 235 of 339 Exhibit `C' 5' DE c� 24 (ORB 234, PG 456) Lo 25 m ON DIMICK ROAD (4 RIGH T— OF-- WA Y) (PLAT BOOK 8, PA 57) CAUL FIELD & WHEELER, INC. CIVIL ENGINEERING LAND SURVEYING 7900 GLADES ROAD SUITE 100 COCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (560-750-1452 w W- 27 LAKESIDE GARDENS 3: 1 (PB 8, PG 57) 0 0 &* 28 ml URAPHIC SCAIIJ� (IN FEET) C�tjv7r -V CASA DEL MAR RIGHT—OF—WAY A8,21114DONMENT SKETCH O F DES RIPTION I --- 77"7777 =7 IN %Gfillffi M b LAKESIDE GARDENS 22 (PD 8, PG 57) w a M C3 to pn 0 w cz 11 z 21 POB SOUTHEAST CORNER 20 OF LOT 20 OF ---% LAKESIDE GARDENS (PP 8, PG 57) DIMICK ROAD (4 RIGH T— OF-- WA Y) (PLAT BOOK 8, PA 57) CAUL FIELD & WHEELER, INC. CIVIL ENGINEERING LAND SURVEYING 7900 GLADES ROAD SUITE 100 COCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (560-750-1452 w W- 27 LAKESIDE GARDENS 3: 1 (PB 8, PG 57) 0 0 &* 28 ml URAPHIC SCAIIJ� (IN FEET) C�tjv7r -V CASA DEL MAR RIGHT—OF—WAY A8,21114DONMENT SKETCH O F DES RIPTION I --- 77"7777 =7 IN %Gfillffi M EXHIBIT "D" Conditions of Approval Project name: Casa Del Mar File number: ABAN 14 -001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Page 237 of 339 Conditions of Approval Page 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: A Unity of Title for the properties involved is required to be submitted with completed City form at the time of building permit application. The unity of title is required to be recorded prior to the issuance of a building permit for this project. If, for any reason, the property is not developed per the concurrent Site Plan Application than a cross access agreement may be required in order to ensure appropriate access to all properties. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa Del Mar 2014WBAN 14 -001 WBAN Conditions.doc Page 238 of 339 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Abandonment of a portion of North Lake Drive (ABAN 14 -001) APPLICANT'S AGENT: Dodi Buckmaster Glas, Gentile Glas Halloway O'Mahoney & Associates, Inc. AGENT'S ADDRESS: 1907 Commerce Lane Suite 101, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2014 & December 2, 2015 TYPE OF RELIEF SOUGHT: Abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). LOCATION OF PROPERTY: East of Federal Highway, intersecting to Dimick Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included ". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa Del Mar 2014\ABAN 14 -001 TO 14- 001.doc Page 239 of 339 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 240 of 339 9.B. PUBLIC HEARING 1/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (By agreement of all parties Tabled to 1120115) EXPLANATION OF REQUEST: The subject amendment is one of the five requests submitted by the developer of the proposed Casa Del Mar multifamily residential project. The amendment includes two properties that have been purchased by the developer to square off the project's southeastern corner and to achieve desired scale and design. The properties require a land use amendment for consistency with the greater part of the property, already classified Special High Density Residential. The greater part of the property was approved for the 82 multifamily unit IPUD in 2006. The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the project's financial feasibility. At the end of 2009, the property owner turned to a non - residential option, and, in January 2010, obtained Master Plan approval for a marina /yacht club. However, the project was never built; the development order remains valid but its administrative extension (granted pursuant to a 2012 state law) expire in June of 2015. The subject amendment and the corresponding rezonings will not be contrary to the established land use pattern. Peninsula, an IPUD project abutting to the north side of the proposed development, has the same future land use classification and zoning, and was approved /built at a density of 20 units per acre (appx. 4 units per acre greater than the subject project). Generally, although the area is predominantly residential, it presents a diverse mix of land use classifications and zoning districts with densities ranging from 5 to 20 units per acre. It also has a significant amount of commercially -zoned land abutting many of the residential neighborhoods along Federal Highway. The proposed amendment and the corresponding rezonings are also consistent with the Comprehensive Plan and with the recommendations of the Federal Corridor Community Redevelopment Plan. Moreover, the project would add for -sale units to the City's new housing stock that has been predominantly rental. The Planning and Development Board recommended denial of the subject request on October 28, 2014. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City's programs or services. FISCAL IMPACT: This project would generate between $230,000 and $300,000 in annual revenue in ad valorem taxes and from fire assessment. The estimate of total annual fees fees for water, sewer, and stormwater is $28,000. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. ALTERNATIVES: None recommended STRATEGIC PLAN: �g 0 0 _ ll 1 *4 102:2 w _ 1► I _ 1 » 4 Kill 1101 L A Page 241 of 339 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Letter REVIEWERS: Department Reviewer City Clerk Pyle, ,Judith Description Ordinance - Approving Casa Del Mar Land Use amendment Staff Report & lap Request to Table Action Approved Date 1211712014 - 10:08 Al Page 242 of 339 1 ORDINANCE NO. 14- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89 -38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A 6 PARCEL OWNED BY K HOVNANIAN T &C HOMES AT FLORIDA, 7 LLC., AND LOCATED AT 2632 NORTH FEDERAL HIGHWAY, 8 EAST SIDE OF FEDERAL HIGHWAY AND NORTH OF DIMICK 9 ROAD; CHANGING THE LAND USE DESIGNATION FROM LOW 10 DENSITY RESIDENTIAL (LDR) AND ABANDONED 11 UNDESIGNATED PORTION TO SPECIAL HIGH DENSITY 12 RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, 13 SEVERABILITY, AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 17 pursuant to Ordinance No. 89 -38 and in accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 21 WHEREAS, after two (2) public hearings the City Commission acting in its dual 22 capacity as Local Planning Agency and City Commission finds that the amendment 23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2 7 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 29 herein by this reference. 30 Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 7AF13EB3- 9E9E- 42FC- A418- 74CA014F4158 \Boynton Beach. 176.1.Casa del Mar (2014).doc Page 243 of 339 1 following: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 .I That the Future Land Use of the following described land located at 2632 North Federal Highway, east side of Federal Highway and north of Dimick road; changing the land use designation from Low Density Residential (LDR) and abandoned undesignated portion to Special High Density Residential (SHDR). LOTS 25, 26, 27, 28, 29 AND 30, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 8, PAGE 57, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING IN ALL 24,950 SQUARE FEET OR 0.573 ACRES, MORE OR LESS. TOGETHER WITH: A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 °41'36" EAST, ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID LAKESIDE GARDENS, A DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89 0 18'38" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 0 41'36" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS - OF -WAY OF RECORD. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 7AF13EB3- 9E9E- 42FC- A418- 74CA014F4158 \Boynton Beach. 176.1.Casa del Mar (2014).doc Page 244 of 339 1 Section 5: Should any section or provision of this Ordinance or any portion thereof be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of , 2014. SECOND, FINAL READING and PASSAGE this day of , 2014. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 7AF13EB3- 9E9E- 42FC- A418- 74CA014F4158 \Boynton Beach. 176.1.Casa del Mar (2014).doc Page 245 of 339 TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Plann4n DATE: September 24, 2014 PROJECT: CASA DEL MAR IPUD LUAR 14-001 REZN 14-005 Npplicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney ant Associates, Inc. Zoning: Special High Density Residential (SHDR) and Low Density Residential (LDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for a marina use and R-1AA (Single-Family Residential District) Proposed Land Use/ Zoning: Special High Density Residential (SHDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for 80 multifamily units Page 246 of 339 Page 2 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 a• e: +/- 4.804 acres rxqe�� North: To the north, townhomes and multifamily project (Peninsul classified Special High Density Residential (SHDR) a zoned Infill Planned Unit Development (IPUD); I East: The Intracoastal Waterway (IC); and I ;YiTsi xcl The proposed rezoning includes two additional parcels, purchased by the new owner to iquare off the project's southeastern boundary, and a northernmost section of North 2 Page 247 of 339 Page 3 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 Lake Drive, which is subject to a concurrent abandonment application. The two parcels require a land use amendment for consistency with the greater part of the property. The request, if granted, would revert the property to its first approved use, a multifamily residential project. The housing market is in recovery; moreover, the applicant proposes a for-sale product, while a majority of the recently approved projects are rental ?.ppartments. b. Consistency, Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning with a new Master Plan is consistent with the recommendation of the Federal Highway Corridor Community Redevelopment Plan for the area to provide "a strong residential base that is aestethically inviting." It is also consistent with Policy 1.8.2.A of the Comprehensive Plan, pertaining to avoidance of urban sprawl. Policy 1. 11.2 The City shall not approve any increases in hotel/motel and residential densities in the Coastal High-Hazard Area that would Page 248 of 339 Page 4 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 increase evacuation times above the 16 hours level of service out-of-county hurricane evacuation for a category 5 storm event measured • the Saffir-Simpson scale as provided in Secti • 163.3148(9)(a), F. S. E Page 249 of 339 Page 5 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 The main part of the property is subject to the proposed rezoning only, with the desired land use classification of Special High Density Residential on the ground since 2006. At that time, long- term capacity availability for potable water, sewer and solid waste has been verified. The addition of the two small residential parcels with the adjoined section of North Lake Drive will have a negligible impact on capacity availability. Traffic and school concurrency will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f Com2aflb The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. (1) The proposed rezoning is generally compatible with the current and future use of adjacent and nearby properties (see response to criterion "c"); moreover, the proposed project's design will be sensitive to the character of the low density residential area on the south side of Dimick Road (see corresponding staff report on the proposed site plan for information on height differentiation and other measures to increase compatibility). Staff foresees no negative impact on property values. (2) The rezoning, increasing the housing choices, is reasonably related to the needs of both the neighborhood and the City as a whole. (See the response to "a"). g. Direct Economic Development Benefits. For rezoning /FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would. Page 250 of 339 Page 6 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 (5) Represent innovative methods /technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed rezoning would revert the property to its Master Plan adopted in 2006 (the additional land subject to the proposed land use amendment constitutes only 13% of the total project area). These requests reflect the ongoing economic recovery and the current market demand, thus meeting criterion "Y, and would result in the enhancement of the City's tax base (criterion "2"). The project would improve and beautify the area, thus contributing to criterion 7". h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commercial /industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and /or location of the property makes it unsuitable for commercial /industrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and /or rezoning. Although the requests do not propose to reclassify or rezone any commercial or industrial lands, the new residential Master Plan replaces a Master Plan for a commercial marina. Marine-oriented and water-dependent uses are the only commercial uses allowed in the Special High Density Residential category, and only in conjunction with the Palm Beach County Manatee Protection Plan. The proposed rezoning does therefore represent a loss of project that could have been a significant asset for the City. Clearly, it has not been supported by the market. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The use is already allowed by the underlying future land use category. Addition of the two parcels and the adjoining section of the North Lake Drive will square off the project's boundary to facilitate its design. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D. 1.e 6 Page 251 of 339 Page 7 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article /// and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with said requirements. (Se(t corresponding staff reports.) As indicated herein, staff has reviewed the proposed land use amendment and rezoni and determined that it is consistent with the Federal Highway Corridor Communi Redevelopment Plan and the Comprehensive Plan, would add for-sale units to thl City's new housing stock that has been predominantly rental, and would enhance th tax base. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa Del Mar 20141REZN 14-0051Staff Report CDM.doc 7 Page 252 of 339 Lsfl�M ml :4 Page 253 of 339 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 254 of 339 9.C. PUBLIC HEARING 1/6/2015 REQUESTED ACTION BY COMMISSION: Approve a New Master Plan /Site Plan (NWSP 14 -004) to allow construction of 80 fee - simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant /Owner K. Hovnanian T & C Homes at Florida LLC. (By agreement of all parties Tabled to 1120115) EXPLANATION OF REQUEST: The subject property was recently sold to K. Hovnanian, a residential developer who also purchased two (2) additional single - family residential parcels on North Lake Drive to square off the project's southeastern boundary. Proposed is a new Master Plan /Site Plan (NWSP 14 -004) for 80 fee - simple townhouse units and a waterfront amenity area. The applicant is simultaneously requesting a land use plan amendment (LUAR 14- 001) for the two single - family residential lots from Low Density Residential to Special High Density Residential (SHDR), and rezoning (REZN 14 -005) of the total 4.8 acres from IPUD (Infill Planned Unit Development) with a Master Plan for a Marina/Yacht Club use to IPUD with a Master Plan for a townhome development. The 80 townhouse units are proposed within 15 separate buildings each consisting of four (4) to eight (8) units. All proposed townhouse buildings are 3- stories, with the exception of waterfront buildings No. 5 and No. 6 which are 4- stories (except one 3 -story end unit adjacent to a 2 -story single - family residence at the southeast corner of the project). Recreational amenities include a community swimming pool and cabana located on the Intracoastal Waterway, 300 feet of floating docks with 12 private boat slips (for residents) and two (2) guest boat slips; various usable open space areas on site including an elevated boardwalk approximately 360 feet long above a planted bioswale; and various public artwork locations. The Planning & Development Board considered this request on October 28, 2014 and forwards it with a recommendation of denial. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non - budgeted The project would generate between $230,000 and $300,000 in annual revenues in ad valorem taxes and for fire assessment. The estimate of total annual fees for water, sewer and stormwater is $28,000. The necessary services can be provided with the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 255 of 339 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum n Addendum D Other D Addendum D Addendum D Conditions of Approval n Addendum D Letter REVIEWERS: Department City Clerk Reviewer Pyle, Judith Action Approved Date 1211712014 - 10:09 AIM Page 256 of 339 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14 -036 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Senior Planner DATE: October 20, 2014 PROJECT NAME /NO: Casa del Mar on the Intracoastal / NWSP 14 -004 REQUEST: New Master Plan / Site Plan PROJECT DESCRIPTION Property Owner: K Hovnanian T & C Homes at Florida LLC Applicant: Derek Fenech, Div. President, K Hovnanian T & C Homes at Florida LLC Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) Location: 2632 North Federal Highway; 2626 and 2637 North Lake Drive (see Location Map - Exhibit "A ") Existing Land Use: Special High Density Residential (SHDR); and Low Density Residential (LDR) Existing Zoning: IPUD (Infill Planned Unit Development) with a Master Plan for a Marina /Yacht Club use; and R -1AA (Single - Family Residential District) Proposed Land Use: Special High Density Residential (SHDR) - Maximum 20 dwelling units per acre (du /ac) (see concurrent LUAR 14 -001) Proposed Zoning: Infill Planned Unit Development (IPUD) with a Master Plan for Residential use (see concurrent REZN 14 -005) Proposed Use: 80 fee - simple townhouse units (16.65 dwelling units /acre) and waterfront amenity area Acreage: 4.804 acres (209,259 square feet) Page 257 of 339 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 2 Adjacent Uses: North: To the north, property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), developed with 30 townhomes and 40 condominiums at a density of 19.94 dwelling units per acre (Peninsula on the Intracoastal); South: Dimick Road right -of -way and North Lake Drive right -of -way, and farther south several single - family residences on the south side of Dimick Road and on the east side of North Lake Drive that are designated Low Density Residential (LDR) and zoned Single - Family Residential (R -1AA); and East: The Intracoastal Waterway (ICWW) to the east; and, West: Right -of -way for Federal Highway, and farther west across Federal Highway, the Crossings PUD designated High Density Residential (HDR) and zoned Planned Unit Development (PUD); and to the southwest at the intersection with Federal Highway, is a commercial building designated Local Retail Commercial (LRC) and zoned Community Commercial (C -3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04 -007 and Ordinance 05 -004. Site: The subject property is located on the Intracoastal Waterway (ICWW) on the east side of North Federal Highway, north of Dimick Road near the northern city limits. It is prime undeveloped land located within the Community Redevelopment Agency (CRA) district and part of Study Area I of the Federal Highway Corridor Redevelopment Plan. The 4.8 acre property has approximately 160 feet of frontage on North Federal Highway and approximately 465 feet of frontage on Dimick Road. The subject property was last used years ago as a plant nursery (Lancore). This property is located in FEMA Flood Zone A7 and the existing ground elevation varies from four (4) to eight (8) feet. Finished floor elevation for the project is 7.5 NAVD, exceeding the peak stage of 6.1 NAVD designed for 100 -year storms. The proposed plans indicate an existing FDOT drainage easement 15 feet wide is located in the middle of the subject property extending from Federal Highway to the Intracoastal Waterway, and will be replaced with a new drainage easement 20 feet wide. An existing utility easement 10 feet wide extending south from the Peninsula project will be replaced with a utility easement 12 feet wide. Existing trees on the subject property will be removed for construction. Additional trees equal in caliper inches to those removed will be required to be planted on site as mitigation trees (see Exhibit "C" — Conditions of Approval). The waterfront includes a seawall, mangroves, and a submerged land lease area. Any alteration of existing mangroves is subject to permits from Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (ACOE). Page 258 of 339 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 3 BACKGROUND In 2006, 4.1 acres of the subject property was approved fora multi - family residential IPUD known as Casa del Mar, consisting of 42 fee - simple townhouse units, 40 condominium units (20 du /ac), and a waterfront amenity area. Shortly thereafter, the economic downturn greatly diminished the ability to obtain funding for the project. By 2010, the property owner proposed a commercial marina with wet slips and dry storage and the subject property was approved for Casa del Mar Yacht Club consisting of 320 dry slips and 35 wet slips and over 75,000 square feet of commercial building area. The subject property was recently sold to K. Hovnanian, a residential developer who also purchased two (2) additional single - family residential parcels on North Lake Drive to square off the project's southeastern boundary. This northern terminus of North Lake Drive (a 40- foot public- right -of -way), approximately 130 feet in length, is proposed to be abandoned as part of the development plan (see concurrent ABAN 14 -001). A Unity of Title is required prior to construction of the project (see Exhibit "C" — Conditions of Approval). Proposal: The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be constructed in one (1) phase, a site plan may take the place of the master plan. The agent, on behalf of the applicant, is proposing a new Master Plan /Site Plan (NWSP 14 -004) for 80 fee - simple townhouse units and a waterfront amenity area. The applicant is simultaneously requesting a land use plan amendment (LUAR 14 -001) for the two single - family residential lots from Low Density Residential to Special High Density Residential (SHDR) and rezoning (REZN 14 -005) of the total acreage from Infill Planned Unit Development (I PUD) with a Master Plan for a Marina /Yacht Club use to IPUD with a Master Plan for a Residential use. The subject property is located within Study Area I of the Federal Highway Corridor Redevelopment Plan and, as such, would be eligible for the Special High Density Residential (SHDR) land use classification, which allows a maximum of 20 dwelling units per acre (du /ac). Under the SHDR category, the allowable project density (20 du /ac) based on the acreage of the subject property, would be a maximum of 96 dwelling units. The proposed Site Plan of 80 fee - simple townhouse units on 4.804 acres has a lesser density of 16.65 dwelling units per acre. Fee - simple townhouses are permitted uses in the IPUD zoning district. The Infill Planned Unit Development (IPUD) district standards and regulations were created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Recreational amenities for the proposed residential development would include a community swimming pool and one -story cabana located on the Intracoastal Waterway, 300 feet of floating docks with 12 private boat slips (for residents) and two (2) public boat slips; various usable open space areas on site including an elevated boardwalk approximately 360 feet long above a planted bioswale; and various public artwork locations. Approval of the proposed Master Plan /Site Plan is contingent upon the approval of the other concurrent requests for a land use amendment (LUAR 14 -001), rezoning (REZN 14- 005), and abandonment (ABAN 14 -001). Page 259 of 339 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 4 Concurrency: ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Engineering Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that the proposed redevelopment project is located within the County- designated Coastal Residential Exception Area, and therefore meets the Traffic Performance Standards. The project would have 560 new daily trips, with 43 AM peak hour trips and 50 PM peak hour trips. No building permits for the project are to be issued by the City after the project's build -out date of end of year 2018. School: The applicant has obtained school concurrency approval from the School District of Palm Beach County confirming that the project complies with the adopted Level of Service (LOS) for Schools, and that adequate capacity exists to accommodate student residents of the proposed 80 dwelling units. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending upon the final project configuration and fire -flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police /Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. Access: The proposed townhome development would be gated for privacy. One (1) main point of ingress /egress via a right -in, right -out driveway connection to Federal Highway is proposed. The entry plan (sheet H -1) shows two (2) lanes for ingress into the subject property, and one (1) egress lane to exit, separated by a densely landscaped median 15 feet wide and approximately 65 feet long. The left ingress lane includes a call box for visitors to gain entry through the gates, and the right ingress lane serves as a bypass lane for residents. A sufficient queuing area is provided from the access at Federal Highway to the call box, allowing for the stacking of several vehicles on site. Between the median and the wall fountain that aligns with the entry gates is a wide turn - around area for drivers that do not enter the development. The plans also show a 15 -foot wide emergency egress point from a southern extension of the private loop street within the proposed development onto North Lake Drive near the southeast corner of the site. This stabilized sod access route would be locked and gated and used for emergency purposes, only if the main entrance is obstructed. Page 260 of 339 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 5 Circulation: The two -way streets internal to the development will be privately -owned streets to be maintained by the Homeowner's Association and provide primary vehicular circulation internal to the development. The internal circulation streets form a loop with garage access for the townhouse residents opening onto these private streets. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Sidewalks provide pedestrian connectivity throughout the site. Four (4) foot wide sidewalks meander through the development and provide pedestrian access to amenities such as the art walls, fountain, community pool, cabana, mail kiosk, and planted bioswale. The sidewalks lead to the right -of -way of Federal Highway and the floating docks on the ICWW. To engage the street, residents of Buildings 8 - 10 would have use of walkways and gates at the rear of their units for pedestrian access to Dimick Road. An existing platted four (4)- foot public access easement to the south of the proposed development will remain open to the public for access to the ICWW. Parking: Two (2) parking spaces are required for each of dwelling unit, and each of the 80 townhouse units will have a two -car garage that will count as the required parking spaces. Guest parking at the minimum rate of 0.15 space per unit is also required. Based on the number of units, 12 guest parking spaces are required for the amenity area, and a total of 12 visitor spaces are proposed, including one (1) handicap space. A total of 172 parking spaces are required, and a total of 172 spaces are provided on site. To minimize the chance of a parking deficiency and problem, staff has asked that the Homeowner's Association does include a requirement for garages to be used for parking purposes and not for storage (see Exhibit "C" — Conditions of Approval). The 90- degree parking stalls, excluding the handicap space, would be dimensioned nine (9) feet in width and 18 feet in length. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided on site to clearly delineate areas on site and direction of circulation. Buildings: The 80 townhouse units are proposed within 15 separate buildings of various sizes ranging from 10,816 square feet to 21,552 square feet, with each building consisting of four (4) to eight (8) units. All proposed townhouse buildings are 3- stories, with the exception of waterfront buildings 5 and 6 which are 4- stories (except one 3 -story end unit adjacent to a 2 -story single - family residence). Each 3 -story building includes units with 3 bedrooms, 2.5 to 3 bathrooms, and a 2 car garage. Each 4 -story building includes units with 3 to 4 bedrooms, 3.5 — 4 bathrooms, and a 2 car garage. All units also include a covered entry, covered patio, and covered balconies. The floor plans propose several townhouse models of various sizes as follows: Three Story Air - Conditioned Area Total Unit Area Unit "A"& "Al" 2,276 square feet 3,068 square feet Unit "Al End" 2,316 square feet 3,115 square feet Four Story Air - Conditioned Area Total Unit Area Unit "A"& "Al" 2,852 square feet 4,069 square feet Unit "Al End" 2,896 square feet 4,124 square feet Page 261 of 339 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 6 No individual swimming pools or screened enclosures of patios or balconies are proposed (or allowed) and would be noted as such on final plans and within the Home Owners Association documents (see Exhibit "C" — Conditions of Approval). Residents of each townhouse unit would receive their mail at a mailbox kiosk located at the east side of townhouse building 11 where parking spaces are available nearby. Areas for bulk -trash pickup, trash - compactor, and collection of recyclables are proposed. The HOA shall coordinate pre - scheduled pick -up times with the City. Setbacks: The IPUD zoning district has no specific minimum building setback requirements, except that "perimeter setbacks shall mirror setbacks of adjacent zoning districts but with a minimum of the setback required for a single - family residence, as determined by the orientation of structures in the IPUD ". The proposed perimeter setbacks are consistent with other similar developments along the Federal Highway Corridor. A 19 foot building setback is provided from Federal Highway and 18 foot setback from Dimick Road. A 10 foot side setback is provided along the north property line adjacent to the Peninsula project. A 12 to 18 foot side setback is also provided for buildings adjacent to an abutting single - family residence on Lake Drive. These building setbacks have been provided for compatibility purposes, as this project represents a transition from the detached single - family residences to the south. Setbacks around the perimeter of the development are intended to accommodate privacy fencing, landscape buffers, as well as to provide some common area for the enjoyment of the respective residents. Height: The IPUD zoning district allows buildings to reach a maximum height of 45 feet. The building elevations indicate the townhouse buildings would be three (3) to four (4) stories in height, with a maximum building height of 44 feet 11- inches measured from finished grade to the mean height of the highest pitched roof. All proposed buildings would be 3 -story, with the exception of waterfront Buildings 5 and 6. Initially, Buildings 5, 6, 8, and 9 were proposed at 4 stories and at a height of 48.5 feet with a height exception request. Staff worked with the applicant to reduce the heights of Buildings 8 and 9 from 4- stories to 3- stories to be more compatible with the single - family residential across Dimick Road. In addition, Building 6, which is 4 -story, now has a 3 -story end unit proposed near the south property line to be more compatible with the adjacent 2 -story residence on Lake Drive. All proposed buildings comply with the height requirements of the Land Development Regulations. Design: The proposed buildings have a timeless upscale architectural style that incorporates elements of classical Old Florida architecture as well as current architectural design elements. The mix of traditional Mizner with Key West design elements include Old World stucco finish, arched windows, coral stone, double pitched roofs to break up the linear massing, and flat concrete tile roofs to resemble Old Florida slate roofs. Horizontal and vertical articulation is maximized by varying roof lines and building off -sets. Decorative features will include Key West style shutters and awnings; cast stone sills and pilasters; wood brackets, headers, and outriggers; aluminum balcony railings with piers; dark wood Clopay exterior doors and garage doors; windows and sliding glass doors with bronze frames; and sconce lighting. A total of three (3) similar color schemes are proposed throughout the development. The project proposes a total of 15 townhouse buildings, with colors consisting of the following Sherwin Williams paints: Page 262 of 339 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 7 Color Scheme #1 Buildings: 1, 5, 7, 10, 12, 14 Color Scheme #2 Color Scheme #3 Body: Whitetail (7103) (Cream) 3, 6, 9, 11, 15 Ivoire (6127) (Light Beige) 2, 4, 8, 13 Whitetail (7103) (Cream) Trim: Polished Mahogany Polished Mahogany Polished Mahogany (2838) (Dark Brown) (2838) (Dark Brown) (2838) (Dark Brown) Doors /Garage: Walnut Finish Walnut Finish Walnut Finish Shutters/ Black Magic (6991) Black Magic (6991) Black Magic (6991) Awnings/ (Black) (Black) (Black) Railings: Stone: Fossil Reef European Castle European Castle (Beige Pink) (Gray) (Golden Blend) Roof Tile: Ponderosa Belair Belair (Sierra Madre) (Light Gray) (Dark Charcoal) The applicant has worked with staff to reduce potential impacts (density, intensity, massing) of the development on the adjacent single - family residential development to the south. On sheet A -4.0 the rear elevations of Buildings 8 -10 (which are visible from Dimick Road) and the rear elevations of Buildings 1 -3 (which are visible from Federal Highway and the adjacent Peninsula IPUD) have been revised to appear more like the front building elevations with arched windows, and a variety of similar decorative features. Amenities: The IPUD zoning district requires a minimum of 200 square feet per dwelling unit to be provided for usable open space areas. The site plan indicates a total of 16,000 square feet (80 x 200) is required, and 19,754 square feet (or approximately 247 square feet per dwelling unit) of usable passive and active open space is provided. Proposed open space areas would include a central boardwalk (7,748 square feet), a waterfront pool and cabana and Intracoastal shoreline area (9,315 square feet), and floating docks (2,691 square feet). The recreation amenity area would include a community swimming pool, cabana with restrooms and water fountains, a shaded BBQ area, open space areas, and floating docks for use by residents and their guests. The one -story cabana building of approximately 200 square feet is designed to match the architecture and building materials of the townhouse buildings. The proposed community pool would front the Intracoastal Waterway and have a decorative paver deck around it as well as large planter areas. The five (5) foot safety fencing around the pool is consistent with the aluminum rail picket fencing proposed throughout the project. A new seawall is proposed in addition to docks on the Intracoastal consisting of 12 private boat slips and 2 public slips. Staff has proposed a condition of approval restricting the Homeowner's Association from leasing the two (2) public slips and reserving the 12 boat slips for use by residents only (see Exhibit "C" — Conditions of Approval). An elevated wooden boardwalk over a planted bioswale leading to the pool amenity area and several public art locations are also proposed. Staff recommends additional benches in passive open space areas of the development, especially near the public artwork and ICWW. Page 263 of 339 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 8 Landscape: Site plan tabular data indicates the pervious areas would total 25% of the entire site or a total of 1.19 acres of the subject property would be landscaped open space and buffers. The landscape plan provides a complimentary mix of canopy trees and palms with perimeter buffers, landscape islands in parking areas, and foundation plantings around the townhouse buildings. All trees would be the required minimum of four (4) caliper inches at time of planting. However, trees proposed around the foundation of the townhouse buildings would be installed at one -half the height of the building per the Land Development Regulations. All areas located outside the individual fee - simple townhouse lots (building footprint only) would be under the control of the Homeowners' Association to ensure proper maintenance of the common landscaped areas. Proposed plant material is limited by the landscape code to native and drought tolerant species with low to medium water needs (waterwise Florida - friendly plants). Tree species would include the following: Gumbo Limbo, Sea Grape, Pigeon Plum, Orange Geiger, South Florida Slash Pine, and Crepe Myrtle. Palm species would include the Green Malayan Coconut, Alexander Palms and Sabal Palms. The landscape plans indicate compliance with the required minimum buffers around the perimeter of the site. The right -of -way landscaping along Federal Highway would be 15 feet wide and contain 8 trees (6 required) with three (3) layers of colorful shrubs, and a combination six (6) foot wall and decorative fence. A five (5) foot buffer is proposed along the north property line adjacent to the Peninsula IPUD and would contain a total of 39 trees (24 required) with a six (6) foot hedge in addition to the existing six (6) foot buffer wall. A five (5) foot buffer is also proposed adjacent to the existing commercial buildings at the corner of Federal Highway and Dimick Road and would contain 20 trees (12 required), a six (6) foot hedge, and a 6 foot aluminum picket fence. The south buffer adjacent to Dimick Road would be a Type II Urban Buffer 15 feet wide and would contain 35 trees (24 required), and a six (6) foot screen provided by a 3.5 foot wall and three (3) foot hedge. The south buffer adjacent to a single - family house would be an Urban Landscape Barrier 12 feet wide and would contain 35 trees, two (2) rows of shrubs 8 to 10 feet in height, in addition to the existing six (6) foot wall. A separate plan for the entry includes a variety of landscaping such as Live Oak, Medjool Palms, and Bottle Palms. The landscape plans also include typical foundation planting details (Townhouse Types "A" — "I ") that correspond with each building depending on number of units. The bioswale area under the elevated boardwalk would include Softrush, Lizard's Tail, and Blue Flag Iris. The code limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. Staff has recommended a condition of approval requiring substitution of hardy groundcover and shrubs to replace small sod area except for recreational areas (see Exhibit "C" — Conditions of Approval). All proposed above - ground mechanical equipment such as exterior utility boxes, meters, transformers, and back -flow preventers would be visually screened with minimum three (3) -foot high hedges. Lighting: The photometric plans (sheet PH 1 -4) propose two (2) types of freestanding lighting fixtures, as well as bollards and step lighting. The freestanding pole fixtures would be 16 feet in height and would be located throughout the development at the entry drive, in parking areas, and around the amenity area. Other smaller freestanding fixtures would Page 264 of 339 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 9 light walkways, common areas and landscaped areas throughout the development. All proposed lighting will be required to be shielded to direct light down and away from adjacent properties and rights -of -way (see Exhibit "C" — Conditions of Approval). Signage: The entry plan (sheet H -2) proposes one (1) project entrance sign designed as a wave with ocean blue glass mosaic tiles and fountains. The monument sign would be located in a landscaped median separating the traffic at the entrance drive. The sign elevation indicates that the sign face area is 20 square feet which complies with the maximum sign face area of 32 square feet allowed. However, the monument sign is limited to a maximum height of five (5) feet and restricted in a residential zoning to external illumination only. Staff recommends as a condition of approval that the sign be revised to comply with the height and illumination restrictions of the sign regulations (see Exhibit "C" — Conditions of Approval). Art: An open space is proposed to exhibit public art along sidewalks near the gated entrance to the project in compliance with the City's requirement for developments to provide public art work. Several art walls are proposed in addition to a wall fountain and ornamental gates near a usable open space area with sidewalks and benches that would be visible from Federal Highway. A potential second location for public art is proposed along the Intracoastal Waterway near a usable open space area with sidewalks leading to the docks. The selected artwork will enhance the ambiance of the proposed development as well as providing an inviting entrance into the City. Ultimate review and approval of the artist and artwork is still pending by the Arts Commission. SUMMARY: The subject property is located within the Community Redevelopment Agency (CRA) district and part of Planning Area I of the Federal Highway Corridor Redevelopment Plan. Planning Area I has the role of being the northern entrance into the City and providing an aesthetically inviting appearance. Goals of the redevelopment plan for this area include: (1) providing a variety of housing; (2) protection of community character; (3) providing an enhanced visual appearance; and (4) requiring compatibility between uses. The Master /Site plan proposes many design standards that comply with the CRA goals for Planning Area I of the Federal Highway Corridor Redevelopment Plan. The proposed project also complies with the IPUD regulations and exceeds the basic development standards for conventional residential zoning districts in terms of site design, building architecture, amenities, and landscape design. The IPUD zoning district regulations state the following: "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture, construction materials, amenities, and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." RECOMMENDATION Staff has reviewed this request for New Master Plan /Site Plan and is recommending APPROVAL of the plans presented. If this request is approved, it is contingent upon the approval of the request for land use amendment (LUAR 14 -001), request for rezoning (REZN 14 -005), and request for abandonment (ABAN 14 -001), and subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. Page 265 of 339 EXHIBIT "A" CASA DEL MAR SITE LOCATION MAP Page 266 of 339 Site Building Calm Building 5 Cales. Building 6 Calcs. Buildings 2 & 14 Cales. Bldgs. 1,3,8, 10 & 15 Calcs. Il the ve —,]„ ;PUP m y SF Bldgs. 4,7,9,11,12 & 13 Cales. Site Data Notes: 6s9 ��9m�aF s,m SUBMERGED LAND LEASEAREA SUBMERGED LINO LEASEAREA e IntracoasEa waterway Matehline Inset Intracoastal waterway - mI Gentile Glas Holloway O Mahoney 0 q � s O F � x zz QJ � S W `p' W w � z w O o F z ru o z v o w � F r v r7 V Town ouse [eight and Setback a Typ_Unit Detail i =20'0" Location Map — S. ° T.H. UNIT J ars � ©mmo Fnel Master ....... .�., Detail Plan /Bete Plan Com actor and Recycle Bm Enclosure v•s. Bulk Trash Note ASP -1 CASA DEL MAR: TOWNHOMES 3 STORY BUILDING SEPTEMBER 22ND, 2014 YRA DESIGN, INC. 0 0 0 � �� _ � �� 0 0 0 ak 19k Ilk m 11, E m i 1 - III ILEME-1h. -u- U-m- BUILDING 3 - THREE STORY, 6 UNITS Page 268 of 339 i i z I °wu I J �I T I n I CODE INFORMATION WWI YRA D ESIGN NC. a Page 269 of 339 GENERAL NOTE e 4 Th, P -,,uh IPUD I StIBA GEC L VP L7A5EAREA E8 z z - w E i r _ - e e o' PLAN ... zza L c 9Q22014 U ____ sc — -� ..- NOKTM S IT E P L AN A - 1 Page 269 of 339 o o 0 0 o 'A DES GN NC. a On UNITA -1 END UNITA UNITA1 UNITA1 UNITA UNITA -1 END OVERALL GROUND FLOOR PLAN BUILDING 3 - 3 STORY, 6 UNITS Page 270 of 339 — /- _ I I L PLAN KL I \L 10/7/14 -nwm fu Covered Patio - Cover. - Covered Patio -� Covered Patio win 0 Ilrmnr I ® i.mm�- cv 0 ® Ilrmnr nwn - nmin 0 ® nmin- - ry - 0 n. wmn - mrmn — - 0 eu nmi- nr • - IIII F 0 FE UNITA -1 END UNITA UNITA1 UNITA1 UNITA UNITA -1 END OVERALL GROUND FLOOR PLAN BUILDING 3 - 3 STORY, 6 UNITS Page 270 of 339 — /- _ I I L PLAN KL I \L 10/7/14 D o o o 0 0 0 o a UNITA -1 END UNITA UNITA -1 UNITA -1 UNITA UNITA -1 END OVERALL 2ND FLOOR PLAN BUILDING 3 - 3 STORY, 6 UNITS z _ i I I L PLAN KL I \L 10/7/14 Mi Page 271 of 339 Covered Deck Covered Deck Covered Deck Covered Deck Covered Deck Covered Deck Great Room LI LI Dining 0 P,vd Ki . Great Room LI ❑ �I Kitchen -- Pwd� Dining L Great Room LI FI Dining 0 Kitchen Pwd. -- - - - - -- -- - - - - -- IJ Great Room J Dining 0 Kitchen d IJ Great Room I� ❑ Kitchen . ° J d IJ Great Room rM IJ Dining L Kitchen �V d. UNITA -1 END UNITA UNITA -1 UNITA -1 UNITA UNITA -1 END OVERALL 2ND FLOOR PLAN BUILDING 3 - 3 STORY, 6 UNITS z _ i I I L PLAN KL I \L 10/7/14 Mi Page 271 of 339 o o o 0 0 0 o UNITA -1 END UNITA UNITA -1 UNITA -1 UNITA UNITA -1 END OVERALL 3RD FLOOR PLAN -1E : 1i11' - 1 -o z PLAN KL I \L 0/7/14 BUILDING 3 - 3 STORY, 6 UNITS Page 272 of 339 III 1 . ®� 1:. �.® I III I I �© I" ❑�� ®� UNITA -1 END UNITA UNITA -1 UNITA -1 UNITA UNITA -1 END OVERALL 3RD FLOOR PLAN -1E : 1i11' - 1 -o z PLAN KL I \L 0/7/14 BUILDING 3 - 3 STORY, 6 UNITS Page 272 of 339 ALTERNATIVE BATHROOM _ WITH SHOWER ONLY SCALE -; -o. Bath 0 (D Rm OPTIONAL DUMBWAITER SECOND FLOOR SCALE - , - UNIT Al SECOND FLOOR SCALE : Va' -1 -o o 0 o 0 = =j M UNIT A I AREA CALCS Stogy. UNIT Al FIRST FLOOR SA' LE t/4 "— I —o Page 273 of 339 0 OPTIONAL DUMBWAITER Fl RST FLOOR �� /a - o UNIT Al THIRD FLOOR SALE: 1/1' -1 -o ALTERNATIVE BATHROOM rr WITH SHOWER ONLY :GIf : v4' =, -o Bath OPTIONAL DUMBWAITER SECOND FLOOR "SEE „4' -1 -o OPTIONAL SINGLE Covere Deck ., - - - - -- Great LP Room Dining Room UNIT Al END SECOND FLOOR SCALE 114 =I -o o 0 o 0 NMI 0 o UNIT A I END AREA C ALCS. OPTIONAL DUMBWAITER FIRST FLOOR mAL E 14" - 1 -o UNITAIEND FIRST FLOOR SCALE : va- = r -o' Page 274 of 339 UNITA1 ENDTHIRD FLOOR SGUf : va r -o. rr} ALTERNATIVE BATHROOM WITH SHOWER ONLY Bath o (Di Master Suite 4 - >. Bedroom #2 Bedroom #3 UNITA THIRD FLOOR swe : Va' _ " -o OPTIONAL DUMBWAITER SECOND FLOOR mA« -, -A OPTIONAL SINGLE SLIDING GLASS DOOR Ec /+ o 9 o 0 o 0 NMI 0 o UNIT A AREA CALLS. OPTIONAL DUMBWAITER FIRST FLOOR /a -,_ Page 275 of 339 UNITA FIRST FLOOR SCALE : Va' _ I -o UNITA SECOND FLOOR SCALE Va = i —o WWI YRA DESIGN I NC a 6 3 KEYED ELEVATION NOrE5 ft n i i j - I I L PLAN KL I \L 10/7/14 Page 276 of 339 UNIT A-1 END UNIT UNIT A-1 UNIT A-1 UNITA UNIT A-1 END FRONT ELEVATION:SIX UNITS 5/:e = i- UNITA -1 END UNIT UNIT A-1 UNIT A-1 UNIT REAR ELEVATION'. SIX UNITS -LE : 3/1e" - i - WWI YRA D ESIGN I NC a s s KEYED ELEVATION NOrE5 xM= o o� n z poi RCVIM 10/62014 Page 277 of 339 UNIT A-1 END UNIT UNIT A-1 UNIT A-1 UNITA UNIT A-1 END FRONT ELEVATION:SIX UNITS 5/:e = i- UNITA -1 END UNIT UNIT A-1 UNIT A-1 UNIT REAR ELEVATION'. SIX UNITS SouF : 3/1e" - i -o Page 278 of 339 !1 LEFT SIDE SCALE ails = r -oS ELEVATION: i -_ i _ - I'LiN KL I \L - - - - - -- 1 - -- — 1017114 v RIGHT SIDE SCALE 3/ ELEVATION: A -4.1 BUILDING 3 - 3 STORY, 6 UNITS Page 278 of 339 Ell woo0 BRAa;ET w00D BRACKET 2 a BRACKET 47 OUTRIGGER DE L PIER 2 s WOOD BRACKET I na ; PIER I ,.0 UMN Page 279 of 339 EROKT P �� ORCH BRACKET TOP OF CONCRETE BEAM BEARING LEGEND RAKEO ELE' -E -E -FFIT ROOF PLAN BUILDING 3 - 3 STORY, 6 UNITS Page 280 of 339 slow ME MINI ME Ell ' 1 ��`!11®` ul �� 1 1 1 , 11 1 0 ROOF PLAN BUILDING 3 - 3 STORY, 6 UNITS Page 280 of 339 CASA DEL MAR: TOWNHOMES 4 STORY BUILDINGS #5 + #6 OCTOBER 7TH, 2014 INDEX TO DPNAWINGS ARCHITECTUP.AL T -I COVERAGE - GO\- IN�IJN11— , KA'I 11 O \lEFCALL SECOND ITOO—AN - - D, +E J1 THI FLOOR PIT 11 .4 O\+E —L roil NI 'I F� P NS 51 JILD NG = E LNIT 4. `I JCR FII IN-5 A. 4 r FLOOR - - ND LNIT V'il � 2111415 A 2.2 P.Z3 JND LNIT A! 4TI FLOOR A -' 4 N MR L 4', MR KA15 /. 2.:; LNIT 4 r FLOOR A 3 I_NII4. `.L`Cl' 'k FLAN L NIT 4. JTH R2`L`_" l LTL'JN A 3.J LNIT A. EIVD EL II G3AL 1 A -3.3 LNIT 4. EI +D _TII FI I 'II `IT.IC41.'I i.N A 3.4 LNIT A `LCTPJGAL - TIN A --1 I.NIL 441 FI R. CI LGIR C4 FI 41+ P. ' TT F EL —TION5 -1 LOIINLL A -4 -' 51111 LJ.'.LIOIJS HIJILDV6 f- A. 4 2 `RO'NT ELEV4TION5 �LLDIN;; -� A 4.3 vIDE `L`JhI ION-> 5 5 - SEL7101N5 .`>EGll01`i 2 5LGI IC'S P." ROOD - 1- 111ILDNS�bE YRA DESIGN, INC. BUILDING 6 - FOUR & THREE STORY. 5 UNITS I J QO NOKT1 CODE W GENERAL NOTE SITE PLAN 5 -= 1 -1 c YRA DESIGN INC. rr , w = J j h IIL i nN UK] BN AL ionn_oi+ A -1 41 BUILDING 5 AREA CALCULATIONS BUILDING G AREA CALCULATIONS UNIT A-1 END UNIT UNIT UNIT A-1 WW, YRA INC DESIGN NC. u w LL •E- - Nom II Covered Patio - III Covered Patio - �N Covered Patio - Covered Patio o �m 0 UNIT A-1 END ,1TE PLAN R6UBNIITAL 10/72014 I mill 2 Car I UNIT A-1 END UNIT UNIT UNIT A-1 WW, YRA INC DESIGN NC. OVERALL GROUND FLOOR PLAN scar : 3 /6' - 1 -o A -1.1 BUILDING 5 AND 6 - FOUR STORY, 5 UNITS u w LL •E- 0 o �m 0 UNIT A-1 END ,1TE PLAN R6UBNIITAL 10/72014 OVERALL GROUND FLOOR PLAN scar : 3 /6' - 1 -o A -1.1 BUILDING 5 AND 6 - FOUR STORY, 5 UNITS Garage •E- UNIT A-1 END OVERALL GROUND FLOOR PLAN scar : 3 /6' - 1 -o A -1.1 BUILDING 5 AND 6 - FOUR STORY, 5 UNITS 5 C— (M� . LLC UNIT A END UNIT A UNIT A UNIT A UNIT A END OVERALL 2ND FLOOR PLAN SCALE : 3/1c - 1 _o. BUILDING 5 AND 6 - FOUR STORY, 5 UNITS o 2 5E lo PI AN RESMBEMIT AL 10/7/2014 u - - - - - - - - - - - - - Covered Deck Covered Deck - - - - - - - - - - - - - - - Covered Covered Deck Covered Deck - - - - - - - - C C De - - - - - - - - - - - - - - Covered Deck -------- -------- Great R LI El' ............ LIL IJ t Room r Great Roo� -------- -------- j 14 j Great Room [, -------- ------- 11 Great Room FI Din ing _L Kitchen Ki tchen an - Kitchen Dining F TFXI]�— ------ Dining L Dining J Pwd Pwd'' Pwd Pd Pwd UNIT A END UNIT A UNIT A UNIT A UNIT A END OVERALL 2ND FLOOR PLAN SCALE : 3/1c - 1 _o. BUILDING 5 AND 6 - FOUR STORY, 5 UNITS o 2 5E lo PI AN RESMBEMIT AL 10/7/2014 u 0 0 0 0 0 0 0 UNIT A-1 END UNIT UNIT A-1 UNIT UNIT A-1 END OVERALL 3RD FLOOR PLAN ma�� aiie r -o BUILDING 5 AND 6 - FOUR STORY, 5 UNITS III sill "Mim I _ _ r f iillllll I I �riiillll I`iiiiiiii � � Illliii7� Illlliii � Illiii7 �Illlllli ® _ IIIIII� a� Illllllla: CIIIII� al �i �r iii; - ■Il�l II it � UNIT A-1 END UNIT UNIT A-1 UNIT UNIT A-1 END OVERALL 3RD FLOOR PLAN ma�� aiie r -o BUILDING 5 AND 6 - FOUR STORY, 5 UNITS o 0 0 0 0 0 KH— J G � d z o b o o o — m m PI.AA R6UBA1[TAL 10/72014 Loft ® Loft ® Loft ® ® Loft - -- ® Loft � Bath '� at® ®ath ®ath ET �� A/ a 1NITA -1 END UNIT UNIT UNIT A-1 UNIT A-1 END OVERALL 4TH FLOOR PLAN - BUILDING 5 -- Pa - scar s /1— -o UNIT A-1 END UNIT UNIT UNIT A-1 3STORY, UNIT A -1 END OVERALL 4TH FLOOR PLAN - BUILDING 6 SCkE 3/16— 1 -0 Open Balcony Open Balcony Open Balcony Open Balcony Open Balcony Trellis Trellis Trellis Trellis Trellis = - -CHI= =1� -- - -�1= =1� -- - -�1= Iii =1�-- _ - -�1= =Ihk--- - -= 4H I Covered Patio Covered Patio Covered Patio Covered Patio Covered Patio J G � d z o b o o o — m m PI.AA R6UBA1[TAL 10/72014 Loft ® Loft ® Loft ® ® Loft - -- ® Loft � Bath '� at® ®ath ®ath ET �� A/ a 1NITA -1 END UNIT UNIT UNIT A-1 UNIT A-1 END OVERALL 4TH FLOOR PLAN - BUILDING 5 -- Pa - scar s /1— -o UNIT A-1 END UNIT UNIT UNIT A-1 3STORY, UNIT A -1 END OVERALL 4TH FLOOR PLAN - BUILDING 6 SCkE 3/16— 1 -0 ALTERNATIVE BATHROOM WITH SHOWER ONLY Bath Rm OPTIONAL DUMBWAITER :e --, SECOND FLOOR L, '/' - , -, OPTIONAL SINGLE SLIDING GLASS DOOR LE UNIT Al SECOND FLOOR SGU£ : 1/4' - 1 -a 0 0 0 0 0 0 0 0 Stor. OPTIONAL DUMBWAITER FIRST FLOOR IA /4 - 1 -o UNITAI FIRST FLOOR SCALE 1/4' - i - UNIT Al THIRD FLOOR SCALE V4' -1 -0 lit III "I Open Patio Trellis Eu Covered Patio Loft _ Loft V6�atl ath e room UNIT Al FOURTH FLOOR LOFT BEDROOM OPTION UNIT Al FOURTH FLOOR LOFT KALE : Va' -1 -o reuE : Va' - 1 -o BUILDING 5 AND 6 - FOUR STORY, 5 UNITS Ll Open Patio Trellis Covered Patio Gj Loft ath FI e� UNIT Al FOURTH FLOOR LOFT BEDROOM OPTION UNIT Al FOURTH FLOOR LOFT KALE : Va' -1 -o reuE : Va' - 1 -o BUILDING 5 AND 6 - FOUR STORY, 5 UNITS ALTERNATIVE BATHROOM WITH SHOWER ONLY B a t h KALE : t/ - "-D' (D (D OPTIONAL DUMBWAITER SECOND FLOOR I-E 1/1 - I -1 OPTIONAL SINGLE SLIDING GLASS DOOR SCALE 114 - 1 -0' UN(TAJ END AREA CALCS. OPTIONAL DUMBWAITER FIRST FLOOR SCALE 1/4 - I -C UNIT Al END SECOND FLOOR SCALE z 1/4 - 1 -0' UNITAlEND FIRST FLOOR 1111E '/I'- '-I' UNIT At END THIRD FLOOR 5C11E: 1/4'- 1-0" Great Room Dining Room n— mill UNIT Al END SECOND FLOOR SCALE z 1/4 - 1 -0' UNITAlEND FIRST FLOOR 1111E '/I'- '-I' UNIT At END THIRD FLOOR 5C11E: 1/4'- 1-0" UN(TAJ END AREA CALCS. -- - - - - - - - - --- - - - - - - - - -- -- - - - - - - - - - - - - - - - - - --- -- --- - - - - - - - - UNIT AlEND FOURTH FLOOR WITH BEDROOM OPTION UNIT AlEND FOURTH FLOOR SCALE 114 - 1 -0 SCALE 114 - 1 -0' BUILDING 5 AND 6 - FOUR STORY, 5 UNITS ALTERNATIVE BATHROOM WITH SHOWER ONLY Bath C) ([ OPTIONAL DUMBWAITER SECOND FLOOR OPTIONAL SINGLE SLIDING GLASS DOOR , /4 , o 0 0 0 0 0 0 0 OPTIONAL DU Id BWAITER = FIRST FLOOR ALE 114 ' - UNITA FIRST FLOOR scuE, 1/4' =1 -a UNITA THIRD FLOOR scuE, 1/4' =1 -a UNITA SECOND FLOOR -LE 1/4" - 1 -o Open Patio Trellis Covered Patio jj Loft UNITA FOURTH FLOOR BEDROOM OPTION UNIT FOURTH FLOOR LOFT KALE :V4 " -1 -o SOLE 1 /4 - -o BUILDING 5 AND 6 - FOUR STORY, 5 UNITS � YrzA DESIGN FRONT ELEVATION:FIVE UNITS r -o- UNIT A -1 END UNIT A-1 UNIT UNIT UNIT A-1 END REAR ELEVATION:FIVE UNITS BUILDING 6 - FOUR & THREE STORY, 5 UNITS �3�3� -LE 3 /1C -, -o KE E El E / ATION N 0 ....�,..., (D .. (D 0 0� o O ..7.7.7.7.:. ... T. T:.❖.:::.'. ST.T.T.T.Td.•.::::.'.ST.T.TT... - ', � ' • T : : :Ti T : :TT�ca= ° T : : :Ti, :TT == .T ---- - 11111 w LEFT SIDE ELEVATION: E � 3 --------- - - - - -- -- ��.. -- FIFE `... 10/7/i III +1L 3 RIGHT SIDE ELEVATION: A -4.1 sruE BUILDING 6 - FOUR/THREE STORY, 5 UNITS :' ® I !I I IWO KE E El E / ATION N 0 ....�,..., (D .. (D 0 0� o O ..7.7.7.7.:. ... T. T:.❖.:::.'. ST.T.T.T.Td.•.::::.'.ST.T.TT... - ', � ' • T : : :Ti T : :TT�ca= ° T : : :Ti, :TT == .T ---- - 11111 w LEFT SIDE ELEVATION: E � 3 --------- - - - - -- -- ��.. -- FIFE `... 10/7/i III +1L 3 RIGHT SIDE ELEVATION: A -4.1 sruE BUILDING 6 - FOUR/THREE STORY, 5 UNITS :' U NIT A -1 END UNIT FRONT ELEVATION:FIVE UNITS ma�� ails = r -o UNITA UNIT A-1 END UNIT A-1 UNIT UNIT UNIT A-1 END REAR ELEVATION:FIVE UNITS BUILDING 5 - FOUR STORY, 5 UNITS Pa �sb3� -LE 3p6' -1 -o mm YRA INC NC. Af � fc�-n - n1%F E— LLC 1 J z � o - m m - - - - - - - MTE PLAN R ° 1017 /2014 �000000 FT F F RIGHT SIDE ELFVATION:BUILDING 5 A -4.3 -LE :ars'_ 1 -C BUILDING 5 - FOUR STORY, 5 UNITS COLOR SCHEME COLOR SCHEME #2 COLOR SCHEME #3 Li r, "ED ELE A ION NO EE, O O O O. °.��° O O O mm YRA INC NC. Af � fc�-n - n1%F E— LLC 1 J z � o - m m - - - - - - - MTE PLAN R ° 1017 /2014 �000000 FT F F RIGHT SIDE ELFVATION:BUILDING 5 A -4.3 -LE :ars'_ 1 -C BUILDING 5 - FOUR STORY, 5 UNITS R OOF STORY, 5UNITS Hqp R OOF STORY, 5UNITS »» w/ru IN Bill an irl 101 an 1110 :010 »» w/ru Location Map N.T.S. L, I 4�; n mdscape Requirements: Plant List Gentile Glas Holloway O'Mahoney , The Venlnsula IVVD a a SUBMERGED s LANG LEASEAREA rd' v nsn :ro Rk; V � „maw oaU LL zz w REFER TO SHEETS FLP -2, FLP -3, FLP -4 AND FLP -5 FOR TYPICAL BUILDING 11,1��L -1A „L P. — x LANDSCAPE PLANS �ci W QJ CJ 61 -- vsJ r Ftna . �� r Landscape Plan z O F The Venlnsula IVVD a a SUBMERGED s LANG LEASEAREA v LL 11,1��L -1A „L �ci - - - - 61 -- vsJ r Ftna . �� Landscape Plan Notes: EXHIBIT "C" Conditions of Approval Project Name: Casa del Mar on the Intracoastal File number: NWSP 14 -004 Reference: 3rd review plans identified as a Master Plan / New Site Plan with an October 7, 2014 Planning and Zoning Department date stamp marking DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Relocation of drainage outfall for Federal Highway and construction of improvements for boardwalk is contingent on FDOT approval. 2. The proposed design for the onsite water mains and fire lines is congested and future maintenance will be very difficult. Reduce the amount of water main piping onsite and ensure that all City owned utilities are located with open easements with easy access for maintenance. 3. Reconfigure water main layout onsite and replace existing 4" water main along Dimick Road with new 8" C -900 PVC water main. Connect to existing 8" water main at Federal Highway and loop onsite water main to the new main. Provide a stub for future connection south on Lake Drive. 4. The stormwater design along Dimick Road and the outfall details shall be worked out during final design. 5. At time of permitting, revise landscape plan to indicate the total diameter inches of existing trees on the site proposed to be preserved in place, relocated, or removed and replaced [diameter inches] on site. The replacement trees shall be shown by a separate symbol on the formal landscape plan sheet. (Environmental Protection, Chapter 4, Article I, Section 3.C.1 -6). FIRE Comments: 6. At time of permitting, revise plans to include the following: (1) fire flow for each building in accordance with the 2009 edition of NFPA 1 Chapter 18, Table 18.4.5.1.2.; (2) the number of hydrants, location, and distribution in accordance with Annex 1, Table 1.3, and 1.3 of the 2009 Edition of NFPA 1; and (3) an additional fire hydrant located midway on the north side of the project. Page 299 of 339 Casa del Mar (NWSP 14 -004) Conditions of Approval Paae 2 of 4 DEPARTMENTS INCLUDE REJECT 7. Prior to permitting, a flow test shall be scheduled with the Boynton Beach Fire Rescue Department (561- 742 - 6600). The flow test will be compared to the required fire flow. Keep in mind that automatic fire sprinkler systems will reduce fire flow in accordance with the 2009 edition of NFPA 1 18.4.5 fire flow requirements for buildings. 8. At time of permitting, revise site plan and civil plans to indicate all underground fire sprinkler piping sizes and dimensions including backflows and FDC(s). POLICE Comments: None. BUILDING DIVISION Comments: None (all previous comments have been addressed). RECREATION & PARKS Comments: 9. The project involves six (6) 4 -unit buildings for a total of 24 dwellings. The impact fee for buildings containing 2 -4 units is $678 per dwelling x 24 dwellings = $16,272. The project also involves nine (9) buildings containing 5 or more units, for a total of 56 dwellings. The impact fee for buildings containing 5 or more units is $595 per dwelling x 56 dwellings = $33,320. The total impact fee for this project is $49,592 ($16,272 + $33,320). PLANNING AND ZONING Comments: 10. Approval of this project is contingent upon the approval of the accompanying requests for land use amendment (LUAR 14 -001), rezoning (REZN 14 -005), and abandonment (ABAN 14 -001). 11. At time of permitting, include plan revisions on all applicable plan sheets so plans are consistent and match. 12. A Unity of Title for the subject property is required to be submitted with completed City form at the time of building permit application. The Unity of Title is required to be recorded prior to the issuance of a building permit for this project. Page 300 of 339 Casa del Mar (NWSP 14 -004) Conditions of Approval Paae 3 of 4 DEPARTMENTS INCLUDE REJECT 13. All 12 private boat slips shall be restricted for the use of only Casa del Mar residents, and the 2 public boat slips shall be for daily turn -over only, not to be leased. The Casa del Mar Homeowner's Association shall incorporate these boat slip restrictions into their bylaws. 14. Two (2) parking spaces are required for each townhouse unit, and a 2 -car garage is provided for each unit. To ensure sufficient parking remains, each garage shall be used only for parking, not storage or other purposes. The Casa del Mar Homeowner's Associations shall incorporate this restriction into their bylaws. 15. At time of permitting, revise plans to include a detail of the proposed gate for emergency access. The gate, as viewed from Dimick Road shall be decorative and opaque since this area in front of it will not be landscaped. 16. At time of permitting, revise plans to include a detail of decorative wall along Dimick Road, including columns with caps, rail on top, total height, and proposed materials, finish and colors. 17. The Casa del Mar Homeowner's Association shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. 18. At time of permitting, revise landscape plan to eliminate any small sod areas to reduce irrigation demand. Substitute hardy groundcovers and shrubs in place of the sod, except where used for play areas or otherwise where residents have access for recreational purposes. Label these areas and update plant list accordingly. 19. At time of permitting, revise landscape plan plant lists to include the following requirements: a minimum of 4 -inch tree caliper for all required trees (except for signature trees); a minimum of 6 different canopy tree species; clusters of 3 Sabal Palms count as one (1) canopy tree; shrubs to be a minimum of 24" in height and spread. 20. At time of permitting, revise landscape plan to include square footage and percent of site that is pervious and impervious. 21. An irrigation plan is required to be submitted and approved prior to the issuance of a permit for this project. 22. At time of permitting, revise landscape plan to indicate locations of all freestanding light poles consistent with locations on photometric plan, and ensure that poles are not located too close to landscaping when it becomes mature. Page 301 of 339 Casa del Mar (NWSP 14 -004) Conditions of Approval Paae 4 of 4 DEPARTMENTS INCLUDE REJECT 23. The monument sign proposed in the entrance median is subject to Engineering review and approval for safe sight distance. The sign is limited by the Land Development Regulations to a maximum height of five (5) feet with a maximum of 32 square feet of sign face area, and a minimum setback of ten (10) feet from any property line. 24. At time of permitting, revise plans to provide benches in passive open space /recreation areas, and near the public artwork and waterfront. 25. The Casa del Mar Homeowner's Association shall schedule and coordinate bulk trash pickup times with the City's Sanitation Department, and incorporate this information into their bylaws. COMMUNITY REDEVELOPMENT AGENCY Comments: None (Previous comments have been addressed). PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa del Mar 2014 \NWSP 14- 004 \Post P &D Conditions of Approval.doc Page 302 of 339 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar on the Intracoastal (NWSP 14 -004) AGENT: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney & Associates AGENT'S ADDRESS: 1907 Commerce Lane, Suite 101, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2014 APPROVAL SOUGHT: New Master Plan /New Site Plan to construct 80 townhomes and related site improvements on 4.8 acres zoned IPUD LOCATION OF PROPERTY: 2632 N Federal Highway, 2626 and 2637 N Lake Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa del Mar 2014 \NWSP 14- 004 \DO.doc Page 303 of 339 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 304 of 339 9.D. PUBLIC HEARING 1/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (By agreement of all parties Tabled to 1120115) EXPLANATION OF REQUEST: The subject rezoning is one of the five requests submitted by the developer of the proposed Casa Del Mar townhouse project. The rezoning includes two properties that have been purchased by the developer to square off the project's southeastern boundary and to achieve desired scale and design. The properties require rezoning for consistency with the greater part of the property, for which an IPUD zoning is also requested. The greater part of the property was approved for the 82 multifamily unit IPUD in 2006. The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the project financial feasibility. At the end of 2009, the property owner turned to a non - residential option, and, in January 2010, obtained a Master Plan approval for a marina /yacht club. However, the project was never built; the development order remains valid but its administrative extension (granted pursuant to a 2012 state law) expires in June of 2015. The subject rezoning will not be contrary to the established land use pattern. Generally, although the area is predominantly residential, it presents a diverse mix of land use classifications and zoning districts with densities ranging from 5 to 20 units per acre. The area also has a significant amount of commercially -zoned land. The proposed rezoning (in conjunction with the remaining requests) is also consistent with the Comprehensive Plan and with the recommendations of the Federal Corridor Community Redevelopment Plan. Moreover, the project would add for -sale units to the City's new housing stock that has been predominantly rental. The Planning and Development Board recommended denial of the subject request on October 28, 2015 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City's programs or services. FISCAL IMPACT: The project would generate between $230,000 and $300,000 in annual revenues in ad valorem taxes and for fire assessment. The estimate of total annual fees for water, sewer and stormwater is $28,000. The necessary services can be provided with the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. ALTERNATIVES: No alternatives recommended �11 0:7_ll 1X4[02 Will ►F �g 0 0 _ ll 1 *4 102:2 W _ 1► I _ 1 » 4 Kill 1101 L A CLIMATE ACTION: Page 305 of 339 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Letter REVIEWERS: Department Reviewer City Clerk Pyle, ,Judith Description Ordinance approving Casa Del Isar Rezoning R1AA to IPUD Staff Report and Map Request to Table Action Approved Date 1211712014 - 2:23 PM Page 306 of 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF DODI BUCKMASTER GLASS, AMENDING THE OFFICIAL ZONING MAP TO REZONE A PARCEL OF LAND LOCATED AT 2632 NORTH FEDERAL HIGHWAY, EAST OF FEDERAL HIGHWAY AND NORTH OF DIMICK ROAD AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE - FAMILY RESIDENTIAL DISTRICT (R1AA) AND ABANDONED UNDESIGNATED PORTION TO INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A MASTER PLAN FOR 80 MULTIFAMILY UNITS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City; 17 and 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, K. Hovnanian T &C Homes at Florida, LLC., has filed a petition to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 543D62C9- 53A0- 4CCC- A355- FB212976D6B1 \Boynton Beach. 177.1. Rezoning -_Casa del Mar R1AA - IPUD_(2014 Hovnanian).doc Page 307 of 339 1 herein by this reference. 2 Section 2. The following described land located at 2632 North Federal Highway 3 is hereby rezoned from Single - Family Residential District (RIAA) and abandoned 4 undesignated portion to Infill Planned Unit Development (IPUD) with a Master Plan for 80 5 multifamily units: 6 LOTS 25, 26, 27, 28, 29 AND 30, LAKESIDE GARDENS, ACCORDING TO THE PLAT 7 THEREOF, RECORDED IN PLAT BOOK 8, PAGE 57, OF THE PUBLIC RECORDS OF PALM 8 BEACH COUNTY, FLORIDA. 9 10 CONTAINING IN ALL 24,950 SQUARE FEET OR 0.573 ACRES, MORE OR LESS. 11 12 TOGETHER WITH: 13 14 A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT 15 THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC 16 RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 17 DESCRIBED AS FOLLOWS: 18 19 BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, 20 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS 21 RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 22 NORTH 00 0 41'36" EAST, ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID 23 LAKESIDE GARDENS, A DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, 24 HULL'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 25 BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, 26 FLORIDA; THENCE SOUTH 89 0 18'38" EAST, DEPARTING SAID EAST LINE AND ALONG 27 SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 28 THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 0 41'36" WEST, 29 DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, 30 A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF 31 SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 0 16'57" WEST, DEPARTING 32 SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE 33 POINT OF BEGINNING. 34 35 CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. 36 37 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND 38 RIGHTS -OF -WAY OF RECORD. 39 40 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 41 reference. C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 543D62C9- 53A0- 4CCC- A355- FB212976D6B1 \Boynton Beach. 177.1. Rezoning -_Casa del Mar R1AA - IPUD_(2014 Hovnanian).doc Page 308 of 339 1 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 2 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 3 repealed. 4 Section 5. Should any section or provision of this Ordinance or any portion thereof be 5 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 6 remainder of this Ordinance. 7 Section 6. This ordinance shall become effective immediately upon passage. 8 FIRST READING this day of , 2014. 9 SECOND, FINAL READING and PASSAGE this day of , 2014. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 29 Janet M. Prainito, MMC, 30 City Clerk 31 32 33 34 (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 543D62C9- 53A0- 4CCC- A355- FB212976D6B1 \Boynton Beach. 177.1. Rezoning -_Casa del Mar R1AA - IPUD_(2014 Hovnanian).doc Page 309 of 339 1 • , il I TO: Chair and Members Planning and Development Boal THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: September 24, 2014 PROJECT: CASA DEL MAR IPUD LUAR 14-001 REZN 14-005 Applicant: Do d! Buckmaster Glas, Gentile Glas Holloway O'Mahoney aw• Associates, Inc. 7-193mmy Koning: Special High Density Residential (SHDR) and Low Density Residential (LDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for a marina use and R-1AA (Single-Family Residential District) Proposed Land Use/ Zoning: Special High Density Residential (SHDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for 80 multifamily units Page 310 of 339 Page 2 "asa Del Mar IPUD ' UAR 14-001 14-005 Acreage: +/- 4.804 acres KXI= �= North: To the north, townhomes and multifamily project (Peninsula), classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); East: The Intracoastal Waterway (ICWW); and �- 0 K I tz�l Im I 11�z PJ Lei L4814HP-1011 III 2 Page 311 of 339 Page 3 Casa Del Mar IPUID LUAR 14-001 REZN 14-005 kf 14 Tzx*1UT;1C4WoT;Tm1 M99i - i s i The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed In the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.1. .3: a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The request, if granted, would revert the property to its first approved use, a multifami 'I residential project. The housing market is in recovery; moreover, the applicant propos a for-sale product, while a majority of the recently approved projects are rent appartments. I b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Policy 1.11.2 The City shall not approve any increases in hotel/motel and residential densities in the Coastal High-Hazard Area that would Page 312 of 339 Page 4 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 increase evacuation times above the 16 hours level of service for out-of-county hurricane eva ' cuation for a category 5 storm event as measured on the Saffir-Simpson scale as provided in Section 0 Page 313 of 339 Page 5 Case Del Mar IPUD LUAR 14-001 REZN 14-005 classification of Special High Density Residential on the ground since' 2006. At that time, Ion term capacity availability for potable water, sewer and solid waste has been verified. T - .1 , w 2ddition of the two small residential parcels with the adjoined section of North Lake Drive w have a negligible impact on capacity availability. i 9M. UPF 01111790,7941117*04 1 Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f. CoTRatibffl The application shall consider the following Wtors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. Page 314 of 339 P3ge 6 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 (5) Represent innovative methods/technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning /FLU M amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and /or location of the property makes it unsuitable for commercial /industrial development; or (2) The proposed rezoninglFLUM amendment provides substantiated evidence of satisfying at least four • the Direct Economic Development Benefits listed in subparagraph "g" above, and FIAN FrivinjiFIFFIF 77 Urs, 01111VIng SIZU unu I'dildilurt Mn Ulu purentlat OT extsung iancl use designation andlor rezoning. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The use is already allowed by the underlying future land use category. Addition of the two parcels and the adjoining section of the North Lake Drive will square off the project's boundary to facilitate its design. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.1 .I.e R Page 315 of 339 Page 7 Casa Del Mar IPUID LUAR 14-001 'N 14-005 177NIVI.-I&IORMAk �W The concurrent master plan and site plan shall comply with said requirements. (Seev corresponding staff reports.) I:7 ja-91 ETA I Lyj I :I z 117_1 it] '9 1 0 41 0 0 S:\PlanningXSHARED\WP\PROJECTS\Casa del MaACasa Del Mar 2014\REZN 14-005\Staff Report CDM.doc 7 Page 316 of 339 Page 317 of 339 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 318 of 339 9.E. PUBLIC HEARING 1/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (By agreement of all parties Tabled to 1120115) EXPLANATION OF REQUEST: The subject rezoning is one of the five requests submitted by the developer of the proposed Casa Del Mar townhome project. The property was approved for the 82 multifamily unit IPUD in 2006. The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the project's financial feasibility. At the end of 2009, the property owner turned to a non - residential option, and, in January 2010, obtained an approval for a Master Plan for marina /yacht club. However, the project was never built; the development order remains valid but its administrative extension (granted pursuant to a 2012 state law) will expire in June of 2015. The subject rezoning will not be contrary to the established land use pattern. Peninsula, an IPUD project abutting to the north side of the proposed development, has the same future land use classification and zoning, and was approved /built at a density of 20 units per acre (appx. 4 units per acre greater than the subject project). Generally, although the area is predominantly residential, it presents a diverse mix of land use classifications and zoning districts with densities ranging from 5 to 20 units per acre. It also has a significant amount of commercially -zoned land abutting many of the residential neighborhoods along Federal Highway. The proposed rezoning is also consistent with the Comprehensive Plan and with the recommendations of the Federal Corridor Community Redevelopment Plan. Moreover, the project would add for -sale units to the City's new housing stock that has been predominantly rental. The Planning and Development Board recommended denial of the subject request on October 28, 2014. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City's programs or services FISCAL IMPACT: The project would generate between $230,000 and $300,000 of annual revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for water, sewer and stormwater is $28,000. The necessary services can be provided within the existing capacity of the respective city departments; no additional capital outlays or increased staffing would be required. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 319 of 339 Is this a grant? No Grant Amount: ATTACHMENTS: Type Ordinance Staff Report Letter REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Ordinance approving Casa Del liar Rezoning IPUD to IPUD Staff Report & lap Request to Table Action Approved Date 1211712014 - 10:09 Al Page 320 of 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF DODI BUCKMASTER GLASS, AMENDING THE OFFICIAL ZONING MAP TO REZONE A PARCEL OF LAND LOCATED AT 2632 NORTH FEDERAL HIGHWAY, EAST OF FEDERAL HIGHWAY AND NORTH OF DIMICK ROAD AS MORE FULLY DESCRIBED HEREIN, FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH THE MASTER PLAN FOR A MARINA USE TO INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A MASTER PLAN FOR 80 MULTIFAMILY UNITS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City; 17 and 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, K. Hovnanian T &C Homes at Florida, LLC., has filed a petition to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \1DAC7D80- CD37 -4D5E- 9770- 8AC2D2986FC4 \Boynton Beach. 179.1. Rezoning -_Casa del Mar IPUD_ - IPUD (2014 Hovnanian).doc Page 321 of 339 1 herein by this reference. 2 Section 2. The following described land located at 2632 North Federal Highway 3 is hereby rezoned from Infill Planned Unit Development (IPUD) with the Master Plan for a 4 marina use to Infill Planned Unit Development (IPUD) with a Master Plan for 80 multifamily 5 units: 6 LOTS 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, LAKESIDE GARDENS, 7 ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF 8 CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT 9 BOOK 8, PAGE 57, 10 11 AND 12 13 LOT 1, HULL'S SUBDIVISION, LESS THE WEST 94 FEET FOR ROAD RIGHT -OF -WAY OF 14 STATE ROAD 5, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE 15 CLERK OF CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED 16 IN PLAT BOOK 2, PAGE 17. 17 18 CONTAINING 203,857 SQUARE FEET OR 4.680 ACRES, MORE OR LESS. 19 20 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND 21 RIGHTS -OF -WAY OF RECORD. 22 23 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 24 reference. 25 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 26 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 27 repealed. 28 Section 5. Should any section or provision of this Ordinance or any portion thereof be 29 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 30 remainder of this Ordinance. 31 Section 6. This ordinance shall become effective immediately upon passage. 32 FIRST READING this day of , 2014. C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \1DAC7D80- CD37 -4D5E- 9770- 8AC2D2986FC4 \Boynton Beach. 179.1. Rezoning -_Casa del Mar IPUD_- IPUD (2014 Hovnanian).doc Page 322 of 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SECOND, FINAL READING and PASSAGE this day of , 2014. ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \1DAC7D80- CD37 -4D5E- 9770- 8AC2D2986FC4 \Boynton Beach. 179.1. Rezoning -_Casa del Mar IPUD_- IPUD (2014 Hovnanian).doc Page 323 of 339 TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Plann4n DATE: September 24, 2014 PROJECT: CASA DEL MAR IPUD LUAR 14-001 REZN 14-005 Npplicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney ant Associates, Inc. Zoning: Special High Density Residential (SHDR) and Low Density Residential (LDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for a marina use and R-1AA (Single-Family Residential District) Proposed Land Use/ Zoning: Special High Density Residential (SHDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for 80 multifamily units Page 324 of 339 Page 2 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 a• e: +/- 4.804 acres rxqe�� North: To the north, townhomes and multifamily project (Peninsul classified Special High Density Residential (SHDR) a zoned Infill Planned Unit Development (IPUD); I East: The Intracoastal Waterway (IC); and I ;YiTsi xcl The proposed rezoning includes two additional parcels, purchased by the new owner to iquare off the project's southeastern boundary, and a northernmost section of North 2 Page 325 of 339 Page 3 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 Lake Drive, which is subject to a concurrent abandonment application. The two parcels require a land use amendment for consistency with the greater part of the property. The request, if granted, would revert the property to its first approved use, a multifamily residential project. The housing market is in recovery; moreover, the applicant proposes a for-sale product, while a majority of the recently approved projects are rental ?.ppartments. b. Consistency, Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning with a new Master Plan is consistent with the recommendation of the Federal Highway Corridor Community Redevelopment Plan for the area to provide "a strong residential base that is aestethically inviting." It is also consistent with Policy 1.8.2.A of the Comprehensive Plan, pertaining to avoidance of urban sprawl. Policy 1. 11.2 The City shall not approve any increases in hotel/motel and residential densities in the Coastal High-Hazard Area that would Page 326 of 339 Page 4 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 increase evacuation times above the 16 hours level of service out-of-county hurricane evacuation for a category 5 storm event measured • the Saffir-Simpson scale as provided in Secti • 163.3148(9)(a), F. S. E Page 327 of 339 Page 5 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 The main part of the property is subject to the proposed rezoning only, with the desired land use classification of Special High Density Residential on the ground since 2006. At that time, long- term capacity availability for potable water, sewer and solid waste has been verified. The addition of the two small residential parcels with the adjoined section of North Lake Drive will have a negligible impact on capacity availability. Traffic and school concurrency will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f Com2aflb The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. (1) The proposed rezoning is generally compatible with the current and future use of adjacent and nearby properties (see response to criterion "c"); moreover, the proposed project's design will be sensitive to the character of the low density residential area on the south side of Dimick Road (see corresponding staff report on the proposed site plan for information on height differentiation and other measures to increase compatibility). Staff foresees no negative impact on property values. (2) The rezoning, increasing the housing choices, is reasonably related to the needs of both the neighborhood and the City as a whole. (See the response to "a"). g. Direct Economic Development Benefits. For rezoning /FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would. Page 328 of 339 Page 6 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 (5) Represent innovative methods /technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed rezoning would revert the property to its Master Plan adopted in 2006 (the additional land subject to the proposed land use amendment constitutes only 13% of the total project area). These requests reflect the ongoing economic recovery and the current market demand, thus meeting criterion "Y, and would result in the enhancement of the City's tax base (criterion "2"). The project would improve and beautify the area, thus contributing to criterion 7". h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commercial /industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and /or location of the property makes it unsuitable for commercial /industrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and /or rezoning. Although the requests do not propose to reclassify or rezone any commercial or industrial lands, the new residential Master Plan replaces a Master Plan for a commercial marina. Marine-oriented and water-dependent uses are the only commercial uses allowed in the Special High Density Residential category, and only in conjunction with the Palm Beach County Manatee Protection Plan. The proposed rezoning does therefore represent a loss of project that could have been a significant asset for the City. Clearly, it has not been supported by the market. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The use is already allowed by the underlying future land use category. Addition of the two parcels and the adjoining section of the North Lake Drive will square off the project's boundary to facilitate its design. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D. 1.e 6 Page 329 of 339 Page 7 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article /// and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with said requirements. (Se(t corresponding staff reports.) As indicated herein, staff has reviewed the proposed land use amendment and rezoni and determined that it is consistent with the Federal Highway Corridor Communi Redevelopment Plan and the Comprehensive Plan, would add for-sale units to thl City's new housing stock that has been predominantly rental, and would enhance th tax base. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa Del Mar 20141REZN 14-0051Staff Report CDM.doc 7 Page 330 of 339 Lsfl�M ml :4 Page 331 of 339 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 332 of 339 13.A. LEGAL 1/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -035 - SECOND READING - PUBLIC HEARING - Approve the third extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. EXPLANATION OF REQUEST: The City of Boynton Beach adopted the Workforce Housing Program (WHP) on April 3, 2007. The purpose of the WHP was to act upon the findings of the 2006 Boynton Beach Housing Needs Assessment Study, which showed a significant shortage of workforce housing. The WHP requires developers of projects with a residential component to set aside a certain percentage of units for low and moderate income households. Housing needs of very low- income households were not addressed. By the time the WHP was adopted, the residential real estate market in Palm Beach County had already been in a downturn for nearly two years. Consequently, the WHP was never applied to any projects, as none were being built until 2011, when the first signs of recovery appeared. In December 2011, the City Commission approved a two -year suspension, which was then extended for another year in December 2013. The rationale behind the suspension was based on a fear that the WHP's requirements may inhibit re- emerging but still weak development and redevelopment activities, a particular concern in the downtown and surrounding areas. There were also additional arguments for suspension. Although a sharp decline of home prices in the City has dramatically improved price affordability for home buyers, many households found it difficult to qualify for a loan due to the rigid underwriting standards newly embraced by the banking industry. Such issues could not be addressed by the Workforce Housing Program. Moreover, at that time the rental housing market in the City offered reasonably priced units for low -to moderate - income households. In 2014, similar arguments for extending the suspension of the WHP can still be made. In terms of the for -sale housing, a median housing price remains affordable, while getting a mortgage remains a challenge for low - income borrowers or those with less- than - stellar credit. However, affordability of rental housing in the city continues to deteriorate as rents are rising and wages are stagnant. Staff still believes that ending the suspension of the Workforce Housing program and reinstating it with its current requirements can jeopardize the as yet fragile recovery, especially since the surrounding municipalities do not have mandatory programs. Nationally, many similar programs that survived the housing downturn are based in relatively strong housing markets, especially in states such as California, New Jersey, and Massachusetts, where there exist mandates or at least strong policy support for local affordable housing programs. The requested extension would continue the suspension of the WHP requirement until December of 2015. Staff will monitor the market, and work on consolidation of the existing avenues to improve access to affordable housing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impct on City programs or services FISCAL IMPACT: None ALTERNATIVES: Staff does not recommend any alternatives at this time. Page 333 of 339 STRATEGIC PLAN: �g 0 :7 _ 11 *4 3 [ 02 » _ 1► I _ 1 » 4 [ a _ l 1101 Ll A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Ordinance 01TAIVA=1 13 Department City Clerk Description Ordinance extending Workforce 6- lousing Program ;suspension Reviewer Action Approved Date 1211712014 - 10:11 Al Page 334 of 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE V, SECTION 2, "WORKFORCE HOUSING PROGRAM ", AMENDING SUB - SECTION I, "SUSPENSION OF PROGRAM" CONTINUING SUSPENSION OF APPLICATION OR ENFORCEMENT OF THE WORKFORCE HOUSING PROGRAM FOR A PERIOD OF ONE YEAR; PROVIDING FOR AUTOMATIC REIMPLEMENTATION OF APPLICATION AND ENFORCEMENT UPON THE EXPIRATION OF THE STATED TIME PERIOD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Workforce Housing Program was adopted by the City Commission on April 3, 2007; and WHEREAS, on December 6, 2011, the City Commission approved the suspension of the Workforce Housing Program for a period of two (2) years in order to offer interim relief to stimulate development; and WHEREAS, in December, 2013, the City Commission extended the suspension, one more year based on a fear that the Workforce Housing Program's requirements may inhibit re- emerging but still weak development and redevelopment activities; and WHEREAS, staff believes that continued suspension of the application and enforcement of the Workforce Housing Program will allow the City to complete its analysis of the local housing market to determine if any changes are needed to the Workforce Housing Program to adapt the program to today's housing market trends and needs of the local workforce; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to continue suspension of the application and enforcement of the -1- C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 518762A8- 288A- 4DA4- 84AD- 7123A02C9E83 \Boynton Beach. 3531.Ordinance - Workforce Housing Program continue suspension (2014).doc °:`c' a.,,,.,,._ 11 r - --- --- �x aFkf 14ous . g PFag m oenl n \120141 do Page 335 of 339 I Workforce Housing Program for a period of one (1) year. 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The foregoing whereas clauses are true and correct and are now ratified 5 and confirmed by the City Commission. 6 Section 2 . The Land Development Regulations of the City of Boynton Beach Code 7 of Ordinances, Chapter 1, Article V, Section 2, "Workforce Housing Program" is hereby 8 amended as follows: 9 I. Suspension of Program. Commencing December 15, 2011 and ending 10 December 14, -2 '1 `x"015 application of the Workforce Housing Program is 11 suspended and parties to whom it may apply are relieved of any compliance 12 requirements. The Workforce Housing Program will automatically be re- 13 implemented upon expiration of the suspension of the application and 14 enforcement of the Program. 15 16 Section 3. Each and every other provision of the Land Development Regulations 17 not herein specifically amended, shall remain in full force and effect as originally adopted. 18 Section 4. All laws and ordinances applying to the City of Boynton Beach in 19 conflict with any provisions of this ordinance are hereby repealed. 20 Section 5. Should any section or provision of this Ordinance or any portion thereof 21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 22 remainder of this Ordinance. 23 Section 6. Authority is hereby given to codify this Ordinance. 24 Section 7. This Ordinance shall become effective immediately. 25 FIRST READING this day of , 2014. 26 -2- C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 518762A8- 288A- 4DA4- 84AD- 7123A02C9E83 \Boynton Beach. 3531.Ordinance - Workforce Housing Program continue suspension (2014).doc °:`2 ^`n. ,�.,,,.,,._�1rnn ,, o Viet f 14ous . g PFag m oenlinua suspans ,7 17 A Page 336 of 339 I SECOND, FINAL READING AND PASSAGE this 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 day of , 2014. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick ATTEST: Vote Janet M. Prainito, MMC City Clerk (Corporate Seal) -3- C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 518762A8- 288A- 4DA4- 84AD- 7123A02C9E83 \Boynton Beach. 3531.Ordinance - Workforce Housing Program continue suspension (2014).doc °:`2 ^`n. ,�.,,,.,,._�1rnn ,, o Viet f 14ous . g PFag m oenlinua suspans ,7 17 A\ A Page 337 of 339 13.B. LEGAL 1/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =11 Il► Eel .7_rIirc19►��ZV REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, request is made for a private attorney - client session of the City Commission to discuss pending litigation in the following case: Barrey Griffiths, Plaintiff vs City of Boynton Beach, Defendant, - Case No. 2013CA009874AA EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non - budgeted None ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type n Memo REVIEWERS: Department Legal Finance City Manager Description Iemo requesting private attorney - client session in pending litigation Reviewer Action Date Swanson, Lynn Approved 12/17/2014 - 3:18 PM Howard, Tim Approved 12/17/2014 - 3:51 PM Howard, Tim Approved 12/19/2014 - 8:34 AIM Page 338 of 339 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney Shana Bridgeman, Assistant City Attorney DATE: December 17, 2014 RE: Request for Private Attorney - Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney - client session of the City Commission to discuss pending litigation in the following case: 1. Barrey Griffiths, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — Case No. 2014CA009874 Division AA I will be in attendance along with Shana Bridgeman, Esquire, Special Counsel Benjamin Bedard and /or Danna Clement and the City Manager Lori LaVerriere. We will need approximately 45 minutes. The time and date of the private attorney - client session will be set at the January 6, 2015 City Commission meeting. JAC /lms C: \Program Files ( X86 ) \Neevia.Com \Docconverterpro\ Temp \NVDC \7B496542 -C88D- 4698 - 8479- D87154508163 \Boynton Beach. 551.1. Request—For—Ex—Session-0 10615—(Griffiths). Doc Page 339 of 339