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Agenda 03-04-14 SearchableThe City of Boynton _ 100 E. Boynton Beach Boulevard • (561) 742 -6000 TUESDAY, MARCH 4, 2014 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor — At Large Woodrow L. Hay Vice Mayor — District David T. Merker Commissioner — District Michael M. Fitzpatrick Commissioner — District Joe Casello Commissioner — District IV Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton- beach.org Breeze into Boynton Beach - America's Gateway to the Gulfstream 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). 2 of 221 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections MIL • 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors regarding the "Spring into Summer" event which will be held at Intracoastal Park on Saturday, March 15 from 11 a.m. to 12 noon. B. Proclaim March 22, 2014 as All People's Day ®. Susan Berkowitz - Schwartz, Founder and President of All People's Day ® will accept the Proclamation. C. Proclaim the month of March 2014 as The City of Boynton Beach Firefighter Appreciation Month. Kaitlyn Harris, Fundraising Coordinator for The Muscular Dystrophy Association will accept the Proclamation. 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 openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates 3 of 221 Golf Course Advisory Committee: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates 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. Approve reduction of the $117,507.00 performance bond posted by Standard Pacific of South Florida in the amount of $111,631.65 for the completion of the required improvements for the Monterey Bay Tract C -1 project resulting in a performance bond amount $5,875.35.. B. Approve release of the performance bond in the amount of $22,000.00 for the 2nd lift of asphalt in association with the Monterey Bay project, posted by Westbrook Homes. C. PROPOSED RESOLUTION NO. R14 -020 - Recognize the dual named street, Martin Luther King, Jr. Boulevard / NE and NW 10th Avenue. D. Accept the written report to the Commission for purchases over $10,000 for the month of January 2014. E. Approve piggyback of City of Sunrise contract # (11)C -14 -H with Westwind Contracting, Inc. of Pembroke Park, FL for lime sludge removal with the same terms, conditions, specifications and pricing (with added surcharge). This contract will be utilized for the removal of lime sludge from the East Water Treatment Plant on an "As Needed Basis ". The estimated annual expenditure is $80,000. F. Approve proposal from Tactical Team Building, in the amount of $15,000 to prepare /present a workshop on Tactical Team Building for police personnel facilitated by Psychologist Ronal Jay Cohen, Ph.D, ABPP and Barbara Pavlo, Psy.D. G. Award the Bid with the Southeast Florida Governmental Purchasing Cooperative Group for Hydrofluosilicic Acid (fluoride) to Harcros Chemicals, Inc. as the lowest, most responsive and responsible bidder meeting all specifications. This chemical will be ordered on an "As Needed Basis ". The City's anticipated annual expenditure is $40,000.00. The City of Fort Lauderdale as lead agency complied with public bid requirements equal to or exceeding the City of Boynton Beach bid requirements. H. Approve the minutes from the Regular City Commission meeting held on February 18, 2014 4 of 221 I. PROPOSED RESOLUTION NO. R14 -021 - Approve Three (3) year agreements with Arthur J. Gallagher Risk Management Services, Inc. of Boca Raton, FL and Gehring Group, Inc. of Palm Beach Gardens, FL for an annual cost not to exceed $75,000 for insurance broker services as a result of RFP #033 - 1710- 14 /JMA. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. PROPOSED ORDINANCE NO. 14 -002 - SECOND READING - Rescinding Ordinance 13 -014 - land use designation for 125 East Ocean Avenue - 3/18/2014 (This item is scheduled for the February 25, 2014, Planning & Development Board meeting) B. An Ordinance rescinding Ordinance 13 -001 which established a local /city historic designation for the old high school - Future item March 18, 2014 5 of 221 C. Award Police Facility architect and design contract and Task Order No. 1 for space needs update and preliminary cost estimate. 3 -18 -14 D. A Strategic Planning Update Workshop with Lyle Sumek will be held on April 24, 2014 from 9:00 a.m. to 12:00 noon at the Intracoastal Park Clubhouse located at 2240 N. Federal Highway in Boynton Beach, FL 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. 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. 6 of 221 3.A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement by Recreation & Parks Director Wally Majors regarding the "Spring into Summer" event which will be held at Intracoastal Park on Saturday, March 15 from 11 a.m. to 12 noon. EXPLANATION OF REQUEST: As part of the Play Outdoors... Unplugged series of events, the Recreation & Parks Department wishes to extend an invitation to "Spring into Summer". This series of events are intended to provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. Family activities will include games, relay races, a bounce house, a rock climbing wall, face painting, free refreshments and much more. A $25 discount will also be offered for those who wish to register for summer camp. FISCAL IMPACT: Expenses are included in the Department's operating budget. ALTERNATIVES: Do not make the announcement. 7 of 221 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Proclaim March 22, 2014 as All People's Day ®. Susan Berkowitz - Schwartz, Founder and President of All People's Day ® will accept the Proclamation. EXPLANATION OF REQUEST: This "nonprofit public charity... helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect ". HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not allow proclamation. 8 of 221 WHEREAS, by the year 2060 European Americans will no longer constitute the majority of the United States population and people from different cultures in Boynton Beach and all over the US will be interacting with one another more often than ever before; and the facets to a communal nature of the community are awareness, understanding, and acceptance and; WHEREAS, in 1973 Susan Berkowitz - Schwartz MPS, ATR -BC, established All People's Day®, a multicultural and issue based holiday which is presently a 501c3 nonprofit public charity that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect; and; WHEREAS, the theme of All People's Day® is "Discovering our Connections" because throughout the world, and even in our own nation and schools, there have been tragic incidents against people who are different. All People's Day® addresses this by giving people of all ages and walks of life fun and creative ways to explore positive connections by means of educational programs, craft kits and festivals that teach about diversity and; WHEREAS this year's fifth Florida FREE festival will be held on Saturday, March 22 at Pompey Park in Delray Beach, and; WHEREAS, the City of Boynton Beach urges all citizens to appreciate the universal qualities at our core and the differences that help make us individuals NOW THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim March 22, 2014 as: All People's Day® 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 . Two Thousand Fourteen. Fill 1916119 Jerry Taylor, Mayor City Clerk (Corporate Seal) 9 of 221 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Proclaim the month of March 2014 as The City of Boynton Beach Firefighter Appreciation Month. Kaitlyn Harris, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. EXPLANATION OF REQUEST: "Boynton Beach Fire Rescue Local 1891 raised more than $28,000 with their 2013 `Fill the Boot' campaign for the Muscular Dystrophy Association making them the MDA's largest source of funding. The funds collected by the City of Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families." HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not allow proclamation. 10 of 221 WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and, WHEREAS, in addition to their daily service to our communities, Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past 59 years in the fight against neuromuscular diseases, and WHEREAS, Florida Fire Fighters collected more than $1.3 million in over 300 communities including the Boynton Beach Fire Rescue Local 1891 who raised more than $28,000 with their 2013 "Fill the Boot" campaign for the MDA, again making them the MDA's largest source of funding; and WHEREAS, the Muscular Dystrophy Association is extremely grateful of the City of Boynton Beach Fire Fighters for their support and dedication and the funds collected by the City of Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Boynton Beach Fire Fighters, the Muscular Dystrophy Association is sponsoring "the Boynton Beach Fire Fighter Appreciation Month;" and it is appropriate for all City of Boynton Beach citizens to join the Muscular Dystrophy Association in this tribute to our fire fighters. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim March 2014 as: The City of Boynton Beach Firefighter Appreciation Month 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 in March 4, Two Thousand and Fourteen. 11 of 221 Jerry Taylor, Mayor ATTEST: City Clerk (Corporate Seal) 12 of 221 5.A ADMINISTRATIVE March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ® I ADMINISTRATIVE ❑ I NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ FUTURE AGENDA ITEMS ® CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student NN Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates 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 member having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Boards full and operating as effectively as possible. FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled. 13 of 221 APPOINTMENTS AND APPLICANTS FOR MARCH 4, 2014 Arts Commission III Fitzpatrick Reg IV Casello Alt Mayor Taylor Alt Applicants None 3 yr term to 12/16 Tabled (3) 1 yr term to12 /14 Tabled (3) 1 yr term to 12/14 Tabled (2) Building Board of Adjustment & Appeals III Fitzpatrick Reg 3 yr term to 12/16 Tabled (3) Mayor Taylor Alt 1 yr term to 12/14 IV Casello Alt 1 yr term to 12/14 Tabled (3) Applicants None Cemetery Board III Fitzpatrick Alt Applicants None 1 yr term to 12/14 Tabled (3) Education and Youth Advisory Board Mayor Taylor Alt 1 yr term to 12/14 Tabled (3) I Merker Alt 1 yr term to 12/14 Tabled (3) II Nay Stu 1 yr term to 12/14 Tabled (3) III Fitzpatrick Stu /NonVoting 1 yr term to 12/14 Tabled (3) Applicants None 14 of 221 Financial Advisory Committee Mayor Taylor Alt 1 yr term to 6/14 Tabled (2) II Hay Reg 3 yr term to 6/16 Tabled (2) III Fitzpatrick Alt 1 yr term to 6/14 IV Casello Reg 3 yr term to 6/16 Applicants None Golf Course Advisory Committee I Merker Reg 5 yr term to 6116 Tabled (2) Applicants None Library Board I Merker Alt II Hay Alt Applicants None Recreation and Parks Board III Fitzpatrick Alt Applicants None 1 yr term to 12/14 Tabled (2) 1 yr term to 12/14 1 yr term to 12113 Senior Advisory Board I Marker Alt 1 yr term to 12/14 Tabled (3) Applicants None 15 of 221 Veterans Advisory Commission Fitzpatrick Alt 1 yr term to 12114 Tabled (3) Casello Alt 1 yr term to 12114 Tabled (3) Applicants None 16 of 221 6.A CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve reduction of the $117,507.00 performance bond posted by Standard Pacific of South Florida in the amount of $111,631.65 for the completion of the required improvements for the Monterey Bay Tract C -1 project resulting in a performance bond amount $5,875.35.. EXPLANATION OF REQUEST: The Public Works Department Engineering Division requests approval of the reduction of the performance bond #SU1104330 by the amount of $111,631.65 for the completion of the paving, drainage, water, and sewer required improvements for the Monterey Bay Tract C -1 project. This will leave the remaining $5,875.35 (5 %) to be held by the City for a period of one (1) year from the date of this approval as the warranty against defect. • Standard Pacific of South Florida submitted a performance bond in the amount of $117,507.00 to insure the completion of the required improvements for the Monterey Bay Tract C -1 project. • Michael B. Schorah & Associates, Inc. has certified that improvements were done in accordance with the approved plans. • The Public Works Engineering Division has inspected the improvements and found them to be consistent with the approved plans. • The Utilities Department has inspected the improvements and found them to be consistent with the approved plans. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None 17 of 221 ALTERNATIVES: None 18 of 221 Bond No. SUI 104330 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Standard Pacific of South Florida, hereinafter called PRINCIPAL and Arch Insurance Compan , a surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of One Hundred Seventeen Thousand Five Htuidred Seven and_ 00 %100 U.S. Dollars ($117,507.00), lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as Monterey Bay — Tract C-1, and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter called REGULATIONS, pertaining to said subdivision; WHEREAS, PRINCIPAL has been issued that certain Land Development Permit dated - for paving, drainage, utility and 2 "d lift of asphalt installations, hereinafter called PERMIT, for construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof, and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified and shall in every respect fulfill their obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it sh -, ,qJJ rematip in fullforce and-effect. The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the PRINCIPAL fails to perform all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer , of the default, to the PRINCIPAL or its authorized agent or officer, will forthwith commence to perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with actual damages. Should the SURETY fail or refuse to perform 19 of 221 and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort of any and all legal remedies against the PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. The PRJNCPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to the public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL should rail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal and contingent costs, together with actual damages, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. In no event shall the liability of the SURETY exceed the bond amount stated above or as reduced by City Engineer, IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 17 `h day of November, 2009, (CORPORATE SEAL} STANDARD PACIFIC OF SOUTH FLORIDA A Florida corporatio By:_ Att st: Address: 0 0 "2 LJ 1 0 2 AJ 1� WITNE S: - Lisa -on, ty � Arch Insufmce Company Surety By' f OIA� bemi Qu rne-y-in -tact I Address: 135 N. Los Robles Ave., Suite 825 Pasadena CA 91101 20 of 221 STATE OF � COUNTY OF �'oAm Plea C\j BEFORE ME personally appeared J>8' who is personally known to me, or has produced as identification, and wKo the instrument as V, P , Lakd N 0 )0)1 of Standard Pacific of South Florida, a corporation, and severally acknowledged to and before me that he/she executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. WITNESS my hand and official seal this t9� day of (�MeM�er 2009. My commission expires: 3 1 16 J)Q Notary Public *.r f4 Lai VArnko As;: MY COMMISSION DO 751074 EXPIRES: March 16, 2012 21 of 221 State of California County of Los Angeles On NO 4 17 20 09 before me, Tracy Aston, Notary Public, personally appeared Noemi Quiroz who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /tee subscribed to the within instrument and acknowledged to me that 49/she/they executed the same in 4i-s/her/#wk authorized capacity(ies), and that by-liis/her/the* signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature �9� TPA - CV A"1-ON Commission # 1739959 Notary Pu bf ic • Californto P. Los Angeles County rVq Cam. EO. := 2013 j 22 of 221 U ` ,a. ■ +i;T7i'� Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the taws of the State of Missouri, having Its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint KD Conrad, C.K. Nakamura, Joyce Herrin, Tom Branigan, Edward C. Spector, Marina Tapia, Lisa L. Thornton, Maria Pena, E.S. Albrecht, Jr., Tracy Aston, Simone Gerhard, Michael R. Mayberry, Brenda Wong and Noemi Quiroz of Los Angeles, CA (EACH) its true and lawful Atfomey(s) -in- Pact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth. herein. The Company may revoke this appointment at anytime. The execution of such bonds and undertakings in pursuance of these. presen(s '$half be as binding upon the said Company as fully and amply to all intents and purposes, as if the's6me had been duly executed and acknowledged by its regularly elected officers at Its principal office in Kansas City, Missourl. This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the. Company on March 3, 2008, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have-the power and authority to appoint agents and attorneys -In -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by' the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in J.S.A. 23 of 221 In Testimony Whereof, the Company has caused this Instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1 st day of May ------ 2008 Attested and Certified Arch Insurance Company gonce sru 971 J IJA A Martin J. Nil Secretary Secretaryy 7mi " h oe I VWcesiden STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pate personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the k&h insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set Brian G. C. Muhn, No �ryPbIi,� COMWNWEALTHOFPSININVLVAM NOTARIAL SEAL Brian C. Kuhn. NotwyPubfic City off'hiladelpitim, Phila&lphia County My commission expires 12-06-201 CERTIFICATION 6M 1, Martin J. Nilsen, Secretary of the Arch Insurance Company do hereby certify that the attached Power of Attorney dated May l,2008 on behalf of the persbn(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof. and Is in full force and effect on the date of this certificate, and I do further. certify that the'said J. Michael Pete, who executed the Power of Attorney as Vice President was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I he rerto s ribed my name and a ed the corpo s I of the Arch Insurance Company on this day of 2 0 Martin J. NII Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have - no authority to bind the Company except In the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOVWNG ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOMLOO13 00 03 03 Page 2 of 2 , — once Printed in U.S.A. , 24 of 221 SUM 206 1860 FOREST HILL B�AID. wsmPALw BEACH, pL 33*06 PHONE (5s/)om-nnnn mx(5m) 642-9726 swu/wsexa ^ au*vevnuo ~ osvcLupwswruowuurmmro February 13, 2014 City of Boynton Beach Engineering Division 1O0E. Boynton Boaoh8oulevard Boynton Beach, Florida 33435 Attn: Andrew Mack, P.E., City Engineer RE: MONTEREY BAY TRACT C4 Dear Mr. Mack: ED 2438 LB 2438 This is to advise your office that based nnfield reviews under my responsible charge, the required improvements for the above-referenced project have been installed in substantial accordance with the permitted plans. Enclosed, please find Record Drawings and a copy of the Health Department release for this construction. Should you have any questions or require additional information, please do not hesitate to contact me. xun* Ui 0 LLJ Florid C� Midhao[Debook — Standard Pacific Home c/v/' . oonve, ^ nnmwxus ^ w^rsn * oswcn ~ o/axwxvx ^ VYA(*,nCnon^n com 25Of221 flrARfDh DEPARTIv4?NT fl$' i C"I Rick Scott John H. Armstrong, M.D. Governor Skate Surgeon Gcneral Sent Via Email August 6, 2012 Michael Debock, VP Standard Pacific of South Florida GP 1990 Vista Parkway West palm Beach, FI 33411 PROJECT: Monterey Bay- Tract C -1 PERMIT NO: 138271- 420 -DSGP Dear Mr. Debock The referenced project is hereby released for service to the extent indicated below. This release is based on certification by the engineer -of- record that the system has been constructed in substantial conformance with plans previously approved by this agency. The system is cleared per the engineer's certification and record drawings received August 3, 2012. This completes all work on this project. Should you have any questions please call me at 561- 837 -5958 For the Division Director, H.J. Hardman P.E. Plan Review and Permits Division of Environmental Health & Engineering c: Martha H. Carter, P.E. Kofi Boateng, P.E. 46U 7Y. Palm Beach County Health Department Division of Environmental Public Health -800 Clematis Street, P.O. Box 29, West Palm Beach, FL 33402 -002 Phone_ (561) 837 -5900 Fax: (561)837 -5295 — www.pbchJ.cum HI�A�,T 26 of 221 The C -7 i ty o f B Q"' n t P.O. Box 310 Boynton Beach, Florida 33425 -0310 PUBLIC WOMS DEPRRTMENT s} Engineering Division ti t Phone (561) 742 -6980 Fax (561) 742 -6285 www.bovnton-beach.org !_ - 1 1 RMEMM F. = .1 11. -'"�i All the r equired improvem i -43 Plans Analyst /Inspector AAHERI(A' S (..17 +'rr A Y TO 77IIa C;1 'J P Y7'J?J 27 of 221 6. B CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve release of the performance bond in the amount of $22,000.00 for the 2 lift of asphalt in association with the Monterey Bay project, posted by Westbrook Homes. EXPLANATION OF REQUEST: On January 15 2008 the City Commission reduced the performance bond associated with the improvements for Monterey Bay to $22,000 representing the surety for the placement of the 2 lift of asphalt. The Public Works Department Engineering Division requests release of the performance bond #08832552 in the amount of $22,000.00 for the installation of the 2nd lift of asphalt in associated with the Monterey Bay project, posted by Westbrook Homes. • The Public Works Engineering Division has inspected the improvements and found no items needing correction. • Michael B. Schorah & Associates, Inc. has certified the 2 lift of asphalt has been done in accordance with the approved plans. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: None 28 of 221 a Fidelity and Deposit Company of Maryland Bond No, 08832552 1 To be attached to and form a part of Performance Bond No. 08832552 dated February 27, 2006 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as Surety, on behalf of Westbrook Homes, a Florida General Parmership, as Principal, in the penal sum of Eight Hundred Eighty Three Thousand Three Hundred Fifty and 3 2/1 00 Dollars ($883,35032), and in favor of Ciry of Boynton Beach, In consideration of the premium charged for the attached bond. it is hereby agreed the Bond Penal Sum is Reduced From: Eight Hundred Eighty Three Thousand Three Hundred rift) and 321100 Dollar; (5883,350.32) To: Twenty Two Thousand and 00/100 (S22.000.00) and; Principal name is changed From: Westbrook Hornes, a Florida General Partnership To: Standard Pacific of South Florida . Provided however, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the liability of the Surety under the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider shall become effective as of the 7 day of February, 2009. Signed, sealed and dated this 2 1 h day of February, 2008. ATTLSJ�, / 4 Standard Pacific of South Florida Principal BV: FIDELITY AND DEPOSIT CONIPANY OF MARYLAND . r0 29 of 221 State of California Countyof Grange pn 2 21 1'0% Mote me, Brandy Novak, Notary Public (1 hen name Fort title or the onlcer) personally appeared Christine Maestas who proved to me on the basis of satisfactory evidence to be the personN whose name(s) islsubscrlbed to the within Instrument and acknowledged to me that iWshe/H*y executed the same in hWher/fite4 authorized capacity(fes}, and that by hitAer /t#eir signature(s) on the Instrument the person(4, or the entity upon behalf of which the person(} acted, executed the Instrument. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (rill¢ or dssMptlem of attached dotvmem) (Title or deaxtpllon or ettached document continued) Number or Pages —i— Document Date 2 - 24 p% CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Ofticer (Title) ❑ Partner(s) 13 Attomeyln -Fact ❑ Trustee(s) Other _ INSTRUCTIONS FOR COMPLETING THIS FORM Arty arbowledgnxrtt coilpdered In Caltfarida rmat ¢stealer verbiage exactly as We= above yn the notary seatou of a separate ackrtowled8mera lama seas be pmperly oornpyNed and arrad,ed to that docarrmar. 7be at,)y exceptlm Is it a dsxvuuau h to be rscordtd outdote of Calllornla. In such 11raaim artr alterimove arkrrrn W8nmaa ve&AW as may be prleted art such a document so lonyq as rho vrr4fage does txat req uite the uatary ra do swnelhh g that is ilhgal for a trmmy lm Colltaeda f c mr# nip the aulhaired caparlty o/ the slper). Picture check the d muter carefully tar proper notarial woj-&tig and attach ft foaWNrequired. • Slate and Courtly Inronnatlon mwt be the State and Coatmy where the document signers) personalty appeared before the noulty public for acknowledgment. • Date or ibtarlradon trust be the date that the signer(s) personally appeared which must also be theserm date the acknowledgment is completed. • The rmary public must print his or her row as It appears within his or her comm(srlon foilowedby a comma and then your Iltle (notary public). • print the r me(s) of document sigarer(s) who personally appear it the time of rr0larl2allotu • indicate the comm singular or plural romss by crossing o(r Incowt roma (i.e. wshwhey; IS A") or circling the correct forms, Failure to snnecdy Irdleate this Information may lead w rejection or document recording, • The notary seal Impression must be clear and p)mlugraphlally reproducible. Imprmlon must not cover text or tier If seal impression smudges. re-seal Ira sulnciml area permits, otherwise complete a different acknowledgment form. • Signature or the notary public must match the signature on nit with the once or The Wunt}' clerk. a /ddtuonal letrormatJon Is not required but could help to ensLn this acknowledgment Is not misused or attached to a different document, a Indlcale litie at type orettached documenl, number or pages and dauo-. Indicate the rapacity clalmA by the signer. It the claimed capacity Is a nuporaic oft1cer, Indicate the 1111¢ (l,r, CEO, CFO, Srorury), • Securely attach this document to the signed document 200& Vtrslon CAPA vs2.I0,rf18W.973.88B5 www.NnlaryClasxs,com 30 of 221 Power of Attorney K'N'O" ALI. MEN BY 'I IIF,Sl: PRESENTS:'I hat the FIDELITY AND DI POSIT COMPA Y Ol. MARYLAND, a corporation of the State of Maryland, I )y PAt IL C. ROGERS, Vice President, and T, E. SMITH. Assistant Sacretarv, in pursuance o'authority granted by Article V1, Section 2, o1 the By -Laws of'said Company, w•ly set forth on the reverse side hereof and arc hereby certified to be in full lbrce and effect on the date hercoi d s r } rlrAnatc. constitute and appoint Paul A. BLAND, liana L. DO)VERS, Christine ' aIA -ESTAS and {4t7of Irvine, California, EACH its true and lawful agent and Attorney -in -Fact, to na �u � �si` . behalf as surety, and as its act and deed: any and all bonds and undertaldtr� ?arI t��eXect t or undertakings in pursuance of thesc presents, shall be as banding upon sn�� fEtl�'vad >I �111 irrten[s and purposes, as if'ihey had been duly executed and acknostiledget# }r a ttllarly clec I r f�� e� behalf of Paul A. BLA ompany ai its office in Baltimore, Md. in their ow p roper ersons._ -� , er a��tiart s l aEa e can B U, Dairy l DOWERS, t:hristi re P P P ttS 5yt(, �. i41AE5TAS. I;atherrn .- A� `fir � , dated Jul y 17, 2003. The said Assistant �1Qrs Lteb Vi certify that the extract set forth on the reverse side hereof is a true copy ofAiticic: VI, Section 2, of the By -L Is said Company. and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDLLITY AND DEPOSIT" COMPANY OF MARYLAND, this 22nd day of January, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gy OtaG3 � ��P� r e o p, tY94rwv 7 -�/r BV: T. E. Smiih Assisurur secrerar7 Pend C Rogers Yice president State of Maryland � ss, City of Baltimore On this 22nd day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS. Vice President, and 'I. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COiviPA \5` OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instruniem, and they each acknowledged the execution of the same. and being by rue duly sworn, severally and each for himself deposeth and saift tbat they are the said officers of the Company aforesaid and that the seal affixed to the, preceding instrument is the Corporate Seal of said Coinpany, and that the said Corporate Seal and their signatures as such officers were duly affixed anti subscribed to the said instr invent by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. owNNSG P. k,y yD .y� Deinds R. Hal-den Nwary Public My Commission Expires: February 1, 2004 POA -F 012 -0038 31 of 221 SURE 206 1850 FOREST HILL BLVD. WEST PALM BEACH, R_ 33406 PHONE (561) 968-0080 FAX (561) 642-9726 ENGINEERS • SURVEYORS - DEVELOPMENT CONSULTANTS EB 2438 LB 2438 This is to advise your office that based on field reviews under my responsible charge and Paving Record Drawings prepared by our office dated September 16, 2013, the final lift • asphalt at the above-referenced project has been installed in substantial accordance with the approved plans. Enclosed, please find two sets of Paving Record Drawing prints for this construction. Phould ;Mu have • contact me. la H11111111[d 9M CIVIL . SURVEY 4 DRAINAGE - WATER & SEWER . HIGHWAYS . WWW SCHORAH COM 32 of 221 6. C CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R14 -020 - Recognize the dual named street, Martin Luther King, Jr. Boulevard / NE and NW 10"' Avenue. EXPLANATION OF REQUEST: In 1984 and 1995, the City Commission renamed NE and NW 10 Avenue to Martin Luther King, Jr. Boulevard from NE 7 Street to NW 5th Street. This action was done by two separate motions and votes of the City Commission. The actions were an outstanding honor to the late Dr. King. However, the actions were taken merely as motions rather than utilizing a more formal process. Street renaming can be accomplished in a variety of ways. Streets can be renamed whereby only the new name is recognized. This is less common because this would require all adjacent property owners to change their address with all entities (ie. mortgage, bank accounts, driver's license, passports, utilities, etc). Anyone who has moved knows how cumbersome this process can be. It is typically not the goal to require property owners to endure these tasks when a street is renamed. Thus, a street is often renamed ceremonially where two addresses are allowed thereby creating dual address. It is particularly common to recognize dual named streets where an underlying street name is numerical and the ceremonial name is phonetic, for example, Gateway Boulevard and 22 Avenue. In the case of Martin Luther King Jr. Boulevard, staff has received questions about whether or not Martin Luther King, Jr. Boulevard is considered a dual named street. The best way to review this matter was to review available records to learn how the addressing system currently operates. Staff's review finds a variety of address mechanisms and conflicts as follows: 33 of 221 1. The Palm Beach County Property appraiser describes property location by using Martin Luther King, Jr. Boulevard yet the mailing address for tax bills is the numerical address of 10 Avenue. 2. Various mapping systems have vastly inconsistent naming mechanisms. One block could be named Martin Luther King Jr. Boulevard in Google maps yet it is named 10 Avenue in MapQuest or iOS. Street name often varies even further dependent up what map scale is used. There are several examples of this phenomenon along Martin Luther King Jr. Boulevard and too numerous to include as visual attachments to this agenda item. 3. Variation in naming is even more concerning when one considers public reliance upon smartphones /gps units for guidance mapping. The wide variety in street names used for these mapping purposes does not coincide with the posted street name leading to confusion to the motorist who is visiting the area for the first time. Staff recommends the following actions 1 . Approve this resolution acknowledging the dual named street. This will formally recognize the dual name. Residents can utilize ether phonetic or numerical addressing at their choice. 2. Authorize staff to place street markers along all of Martin Luther King Jr. Boulevard from NE 7 th Street to NW 5 th Street recognizing the dual street names. Martin Luther King Jr. Boulevard shall be listed on top, in larger font and 10 Avenue shall be listed below in smaller font. This is common in wayfinding systems where there is a dual name of this type. The above actions will strengthen the City's action to recognize Dr. King and will provide better clarification for property owners and the motoring public. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Not applicable. FISCAL IMPACT: $2,000 in sign materials included in the current operating budget. ALTERNATIVES: Maintaining status quo is not a viable solution as the current level of confusion will only continue in the future, particularly when considering the increasing reliance of the public on smartphones and other electronic mapping devices. The Commission could consider formal renaming of 10 Avenue via ordinance or plat to Martin Luther King, Jr. Boulevard and thereby require all adjacent property owners to formally change all personal documents to the new address. This very cumbersome process is not something that staff recommends. 34 of 221 RESOLUTION NO. 14 -020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA RECOGNIZING THE DUAL STREET NAME OF MARTIN LUTHER KING JR. BOULEVARD AND NORTHEAST /NORTHWEST 10TH AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 1, 1984, the City Commission discussed and adopted a motion that renamed N.E. 10th Avenue, as Martin Luther King Jr. Boulevard; and WHEREAS, on January 17, 1995 the City Commission discussed and adopted a motion extending Martin Luther King Jr. Boulevard from I -95 to the Intracoastal; and WHEREAS, since the actions by the City Commissions in 1984 and 1995 were taken merely as motions, rather than utilizing a more formal process, it has resulted in a variety of conflicts of address mechanisms; and WHEREAS, the renaming of a street is often done ceremonially whereby two addresses are allowed especially where an underlying street name is numerical and the ceremonial name is phonetic; and WHEREAS, the City Commission desires to recognize the dual street name of Martin Luther King Jr. Boulevard and Northeast/Northwest 10 Avenue in the City of Boynton Beach which will strengthen the City's action to recognize Dr. King and provide better clarification for property owners and the motoring public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1 : The "Whereas" clauses set forth hereinabove are incorporated herein by reference. Section 2 : The City Commission of the City of Boynton Beach, Florida formally recognizes the dual street name of Martin Luther King Jr. Boulevard and Northeast/Northwest 10 Avenue and authorizes staff to place street markers along all of Martin Luther King Jr. 35 of 221 Boulevard from NE 7 th Street to NW 5 th Street recognizing the dual street names with Martin Luther King Jr. Boulevard on top in larger font and 10 Avenue shall be listed below in smaller font. Section 3: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 4th day of March, 2014. ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — David T. Merker Commissioner — Michael M. Fitpatrick Commissioner — Joe Casello 36 of 221 6. D CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of January 2014. EXPLANATION OF REQUEST: Per Ordinance No.01 -66, Chapter 2, Section 2 -56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for January 2014: Purchase Order Vendor Amount 140690 Dell Marketing LP $ 19,990.10 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01 -66, Chapter 2, Section 2 -56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain 37 of 221 internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None 38 of 221 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,0 FOR JANUARY 2014 1. Vendor: Dell Marketing LP Purchase Amount: $19,990.10 Requesting Department.* ITS Contact Person: John McNally Date: 1/14/14 Brief Description of Purchase: Annual computer replacement purchase. Provides replacement of computers that are a minimum of 4+ years old. This computer replacement program replaces computer equipment that is marginally capable of running the City's current software products. Source for Purchase: Piggyback State Contract Fund Source: 3024101-580-52-20 2 Vendor: Purchase Amou Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 3 Vendor: Purchase Tmoui Requesting Department: Contact Person: Date: Brief Description of Purchase. Source for Purchase: Fund Source: Vendor: Purchase Amoui Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: Vendor: Purchase AM — Oul Requesting Department Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: Page 1 39 of 221 PURCHASE ORDER CITY OF BOYNTON EACH, FLORI PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 140690 BOYNTON BEACH, FLORIDA 33425 -0310 DATE: 01/14/14 VENDOR 7736 SHIP TO: TO: DELL MARKETING LP City of Boynton Beach ONE DELL WAY, BOX RR8 -11 ITS DEPARTMENT ROUND ROCK, TX 78682 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 22.00 EA OPTIPLEX 3010 SMALL FORM FACTOR 584.0000 12848.00 PSU Quote# 672507679 2 10.00 EA OPTIPLEX 3010 SMALL FORM FACTOR 714.2100 7142.10 PSU W/ MONITORS Quote# 672.505474 REMARKS: State of Florida Alternate Contract::S -Ounce no. 250WSCAIQ,ACS. Planned annual PC replacement for City Users. PROCUREMENT SERVICES: ` �� P.O. TOTAL: 19990.10 ACCOUNT NO. PROJECT 302- 4101 - 580.52 -20 IT1302 40 of 221 O H E z Q H H W 5 O aS Zo H H 0. N o W dA dl m H QE N N 01 H H I 0 0 o O x 0 0 O O H '-I JJ U d W V. v 0 b b H E+ v N a a s4 r4 £ O O O U N 0 N O '- £ m—, ' i W O O H U H U z 114 111 ! H ! 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W H Ow O U N O Id a U m U m b a a a a a a G W 3k H U S.1 W `N..-1 f\ N H r 7 P4 Q o 04 a Qz o aW H a 16 a H OE H OE �H a rn H w a� Q w �a w M W 0]U 2 a Wa ao a Wa H0.t a E+a H H t fl E P4 woo M1 Z P 4 w00 z oh U3 ooU3 q O c N>1Q MNbIQ H H U 1 O W W 4 Xoo 1 w0 00 H O HOOD HO0Z W a GL H m I F fK °. c; ti cf e 42 of 221 HO o 0 Om N o sL m H m 0 t i N h H m H I O O O t O O I O O O O O m i H H m t m + H I i It It + a � H r O O 1 H 9: 4 04 H g Sc S4 O O U to H m a J-1 JJ .1 .4 H W CI + w z W P4 Z I']MM\ ° C4 E W rx 0tH H + H U IH E z z ] H 10 W H o ci z z F p W W E E H m W w HEHf+ H p oz�:)z awaw O+ W WRWa a Q H q H w w aaaa GuW � F � Fyy �� WW � F-..1 H a i 1 OW U U r• + U -� H �h o -'' � � � ro z ul �4 tl w 3 O �p o ur E o w m m f ( N UI i E4. W H Ow O U N O Id a N N U N Uo 0 b M M H G W 3k H U S.1 W `N..-1 f\ N H r 7 CU I 61 H a 16 a 1 a rn F fK °. c; ti cf e 42 of 221 [Recommended Vendor Dell I Dollar Amount • Purchase $19,990.10 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract Ex::] PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: 25OWSCA10ACS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account Number 302-4101-580-52-20 Project Number IT1302 Department Head Purchasing Agent Asst City Manager City Manager R. Date 43 of 221 Quote Summary_672507679 �Z Cluote 0: Customer#. Contract M Lffir-T' 672507679 861622 YM05ACA 25OWSCAIOACS;B27160 1110712014 S 7"11ANN Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES REP: CHARLENE VELA PHONE: 1800 - 4563355 Email Address: Chariene Vela@Dell.com Phone Ext. 5139886 Description Quantity OptlPlex 3010 Small Form Factor Standard PSU (225-3522) 22 3rd Gen Intel Core i3-3220 Processor (Dual Core, 3.30GHz, 3MB, w/ HD2500 Graphics), Dell OptiPlex 3010 (319-0729) 22 8GB Dual Channel DDR3 1600MHz (4GBx2) (370-ABEK) 22 Dell USB KB, English, WIN718, OptiPlex and Precision Desktop (331-9586) 22 No Monitor Selected, Dell OptiPlex (320-3704) 22 Intel&#1 74; Integrated Graphic wtSingle HDMI1VGA, Optiplex 3010 (320-3803) 22 25OGB 3.5" SATA 6Gb/s with 8MB DataBurst Cache, OptlPlex 901017010/301 OSFF (400- AAMF) 22 Windows 7 Home Premium,Media, 64-bit, Optiplex, English (421-5551) 22 Windows 7 Label, OptiPlex, Fixed Precision, Vostro Desktop (330-6228) 22 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (421-5334) 22 Dell MS1 11 USB Optical Mouse,OptiPlex and Fixed Precision (330-9458) 22 8X DVD+I-RW,Slimline, Data Only, OptiPlex 3010 (318-2236) 22 Thank you for Choosing Dell (318 -2231) 22 Heat Sink, Perf/Mstrm, SFF, OptiPlex (331-8318) 22 Internal Speaker, OPtiplex (318-0319) 22 OptiPlex 3010 Small Form Factor Standard Power Supply (318-2352) 22 Regulatory Label,Dell OptiPlex 3010 Small Form Factor (331-81144) 22 Enable Low Power Mode for EUP Compliance,Dell OptiPlex (330-7422) 22 Safety/Environment and Regulatory Guide (English) (340-ABSZ) 22 Power Cord, 125V,2M,C1 3,Dell OptlPlex (330-1711) 22 No ESTAR Settings, OptiPlex (331-8325) 22 No Resource DVD for Dell Optiplex, Latitude, Precision (313-3673) 22 Chassis Intrusion Switch,Optiplex SFF (317-6625) 22 No Quick Reference Guide,Delf OptiPlex (310-9444) 22 Shipping Material for System,Dell OptiPlex (331-1270) 22 No Productivity Software,Dell OptiPlex, Precision and Latitude (421-3872) 22 Dell Limited Hardware Warranty Plus Service Extended Year(s) (939-6538) 22 filc:IlIC:lUserslbrandenburgbIAppDataALocallMicrosoftlWindowsITemporary%201nternet'lo 1/8/2014 44 of 221 100� QUOTATION Quote #: Customer #: Contract #: CustomerAgreement 9 Quote Date: Date: 1/8120114 Customer Name: 672505474 861622 WN05ACA 251 WSCA10ACS;B27160 1110712014 Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES REP: CHARLENE VELA PHONE: 1800 - 4563355 Email Address: Charlene Vela@Dell,com Phone Ext: 5139886 Description Quantity OptiPlex 3010 Small Form Factor Standard PSU (225-3522) 10 3rd Gen Intel Core i3-3220 Processor (Dual Core, 3.30GHz, 3MB, w/ HD2500 Graphics), Dell OptiPlex 3010 (319-0729) 10 8GB Dual Channel DDR3 1600MHz (4GBx2) (370-ABEK) 10 Dell USB KB, English, WIN7/8, OptiPlex and Precision Desktop (331-9586) 10 Dell 19 Monitor - El 913S (321-0104) 10 lntel® Integrated Graphic w/Single HDIMINGA, Optiplex 3010 (320-3803) 10 250GB 3.5" SATA 6Gb/s with 8MB DataBurst Cache, OptiPlex 9010/7010/3010SFF (400- AAMF) 10 Windows 7 Home Premium,No Media, 64-bit, OptiPlex, English (421-5549) 10 Windows 7 Label, OptiPlex, Fixed Precision, Vostro Desktop (330-6228) 10 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (421-5334) 10 Dell MS1 I 1 US13 Optical Mouse,OptiPlex and Fixed Precision (330-9458) 10 8X DVD+/-RWSlimline,Data Only, OptiPlex 3010 (318-2236) 10 Thank you for Choosing Dell (318-2231) 10 Heat Sink, Perf/Mstrm, SFF, OptiPlex (331-8318) 10 Internal Speaker, OPtiplex (318-0319) 10 OptiPlex 3010 Small Form Factor Standard Power Supply (318-2352) 10 Regulatory Label,Dell OptiPlex 3010 Small Form Factor (331-8144) 10 Enable Low Power Mode for EUP Compliance,Dell OptiPlex (330-7422) 10 Safety/Environment and Regulatory Guide (English) (340-ABSZ) 10 Power Cord,125V,2M,C1 3,Dell OptiPlex (330-1711) 10 No ESTAR Settings, OptiPlex (331-8325) 10 No Resource DVD for Dell Optiplax, Latitude, Precision (313-3673) 10 Chassis Intrusion Switch,Optiplex SFF (317-6625) 10 No Quick Reference Guide, Dell OptiPlex (310-9444) 10 Shipping Material for System, Dell OptiPlex (331-1270) 10 No Productivity Software, Dell OptiPlex, Precision and Latitude (421-3872) 10 Dell Limited Hardware Warranty Plus Service Extended Year(s) (939-6538) 10 45 of 221 07113 Miscellaneous IT Equipment (WSCA) /Alternate Contract Soiree! State Caltracta, Agreernents and Price Lists /Vendor Information/ State Purchasing IS How to Use this Alternate Contract Source Commodfty-CodeS 250-040,250-780, 250-881 Description This alternate contract source includes the purchase or leasing (as permitted by state and local requirements) of computer equipment, peripherals and related services from HP, Dell and Apple not currently available on state term contracts. Benefits • This contract Is available only for products not on state term contracts • "WSCA Store" websites provided by vendors • WSCA participating addendurns are entered on behalf of governmental entities in Florida for HP, Dell, and Apple. , i.drris.ffrAorida.carVbuslness�-operaUonalstate — pLrchasingtvandor — infornialorVstatq_ contracts _agroaamtk_andjyice—listslEdtenjaw — cantract 1/3 46 of 221 Recycled Utilizes Products Authorized Coverage Area Resellers No No Flo rida Name COE Code Climate Friendly No Yes Preferred No Yes Products aWie - Non- IA No No Minority Statewide I A - Non- No Minority Fuiltsu A - Non- IMinority No HP A - Non- IMinority No Lenovo A - Non- IMinority I No Panason LC IMInority A - Non- I No Recycled Utilizes Products Authorized Coverage Area Resellers No No Statewide No Yes Statewide No Yes Statewide No Yes Statewide No Yes Statewide No Yes Statewide sv.drm.myflorida.cmvbusiness._oWadonslstate_purchasingAuidcK -ag rssmmtR-and-Price-listatafternak-amtracLsourcelrrisc... 113 47 of 221 6. E CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve piggyback of City of Sunrise contract # (11)C -14 -H with Westwind Contracting, Inc. of Pembroke Park, FL for lime sludge removal with the same terms, conditions, specifications and pricing (with added surcharge). This contract will be utilized for the removal of lime sludge from the East Water Treatment Plant on an "As Needed Basis ". The estimated annual expenditure is $80,000. BID TERM: AUGUST 12, 2013 THROUGHAUGUST 11, 2014 EXPLANATION OF REQUEST: The City of Sunrise awarded a two year contract to Westwind Contracting, Inc. for lime sludge removal on August 12, 2011. The City of Sunrise executed the first Amendment to Contract No. (11)C -14 -H which extended the contract for an additional one -year period - August 12, 2013 through August 11, 2014. The City of Boynton Beach's (City) East Water Treatment Plant (East WTP) generates lime sludge as a by- product of the water treatment process. This sludge is stockpiled on site and the storage bin is currently full. In the past, the amount of sludge in the bin was managed by allowing road construction firms and facilities such as nurseries and farms to take any amount they wanted at no charge. However, such usage has decreased with more stringent road construction requirements. Further, the sludge has to be disposed of via a Florida Department of Environmental Protection (FDEP) or Environmental Protection Agency (EPA) approved method or disposal land site. Additionally, an accurate record of how much sludge is removed from the site is also required. Thus, a licensed, qualified hauler is necessary to transport and dispose of the sludge. 48 of 221 The City of Sunrise complied with Public Bid requirements equal to or exceeding the City of Boynton Beach requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If sludge is not removed from the site, the sludge lagoon eventually fills to the point that the waste stream can no longer be discharged and the plant has to cease operations. Thus, removal is necessary to ensure continued operations of the East Water Treatment Plant so there is no interruption in potable water supply to the City's consumers. FISCAL IMPACT: Funds are budgeted in account: 401 - 2811 - 536- 49 -17. Note that, in accordance with the specifications in "Exhibit A" of the contract, the proposal includes a surcharge of $58 /load for the additional mileage (— 21.4 miles) the sludge must be hauled to the disposal site. The City of Boynton Beach per truckload price including the additional mileage surcharge will be $198.00. ALTERNATIVES: The City of Boynton Beach could issue its own bid for lime sludge removal services. 49 of 221 CONTRACT NO. (11)C -14 -H BETWEEN THE CITY OF SUNRISE, FLORIDA AND WESTWIND CONTRACTING, INC. FOR LIME SLUDGE REMOVAL THIS CONTRACT between the City of Sunrise, a municipal corporation of the State of Florida whose address is 10770 West Oakland Park Boulevard, Sunrise, Florida, 33351 (hereinafter referred to as "the City" or "the Owner ") and Westwind Contracting, Inc. a Corporation authorized to do business in the State of Florida, (hereinafter referred to as the "Contractor "), whose address is 3799 W Hallandale Beach Blvd., Pembroke Park, FL 33023 and whose Federal Identification Number is 59- 2655272, incorporates all Terms and Conditions and requirements of Bid number 11(31)12- 14- 07 -13 -H and Vendor' response by reference. In consideration of the mutual terms and promises set forth below, the City and the Contractor agree as follows: 1. Services The Contractor's responsibility under this contract is for Lime Sludge Removal and as attached hereto in Exhibit "A ", which is attached and made a part of this contract. The City's representative /liaison during the performance of this contract shall be Greg Sutherland, Director of Operations, telephone number (954) 888 -6073, or designee. The Contractor's representative /liaison during the performance of this contract shall be Waldy Polizzi, telephone number (954)961 -7200, or designee. 2. Payments The Contractor will bill the City at the completion of each job for services rendered toward the completion of the work defined herein at the rates listed in Exhibit "A ". Submit invoices to: City of Sunrise Attn: Accounts Payable Dept. 10770 W. Oakland Park Blvd. Sunrise, FL 33351 Invoices received from the Contractor pursuant to this contract will be reviewed and approved by the City's representative, indicating that services have been rendered in conformity with the contract and then will be sent to the Finance Department for payment. huvoices will generally be paid within thirty (30) days following the City representative's approval. Final Invoice: In order for both parties herein to close their books and records, the Contractor will clearly state " final invoice on the Contractor's final /last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, or which are in excess of the not to exceed amount, are waived by the Contractor. 1 City Initials Vendor Initials_ 50 of 221 3. Initial Contract Period and Contract Renewal The initial Contract period shall be for two (2) years, commencing on the date this contract is fully executed. In addition, contingent upon Budget approval, the City reserves the right to unilaterally renew the contract for two (2) additional one (1) year periods, under the same terms, conditions and specifications, by written notification to the vendor by the Purchasing Director. In the event the services are scheduled to end either by contract expiration or by termination by the City of Sunrise (at the City's discretion), the Contractor shall continue the services, if requested by the City, until new services can be completely operational. At no time shall this transitional period extend more than one hundred eighty (180) days beyond the expiration date of the existing contract. The Contractor will be reimbursed for this service at the rate in effect when this transitional period clause is invoked by the City. 4. Access and Audits The Contractor shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this contract. The City shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Contractor's place of business. 5. Trutb -In- Negotiation Certificate Signature of this contract by the Contractor shall also act as the execution of a truth -in- negotiation certificate certifying that the wage rates, over -head charges, and other costs used to determine the compensation provided for in this contract are accurate, complete and current as of the date of the contract and no higher than those charged the Contractor's most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate presentation of fees paid to outside Contractors. The City shall exercise its rights under this clause within three (3) years following final payment. 6. Insurance Requirements Contractor agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the following insurance coverage, limits, including endorsements described herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Commercial General Liability Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence, and $1,000,000 Annual Aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Business Automobile Liability Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of to the Commercial General Liability pol' y or 2 City Initials Vendor Initials_ 51 of 221 separate Business Auto Liability policy. Worker's Compensation Insurance & Employers Liability Contractor agrees to maintain Worker's Compensation Insurance & Employers Liability insurance. Additional Insured: Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following, or similar endorsement providing equal or broader Additional Insured coverage, the CG 2026 07 04 Additional Insured — Designated Person or Organization endorsement or the CG2010 07 04 Additional Insured — Owners, Lessees, or Contractors — Scheduled Person or Organization endorsement, including the additional endorsement of GC2037 10 01 Additional Insured — Owners, Lessees, or Contractors — Completed Operations shall be required to provide back coverage for the contractor's "your work" as defined in the policy and liability arising out of the products - completed operations hazard. The Additional Insured shall read "City of Sunrise." Waiver of Subrogation: Contractor agrees by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre -loss basis. Certificate(s) of Insurance• Contractor agrees to provide City a Certificate(s) of Insurance evidencing that all coverage, limits and endorsements required herein are maintained and in full force and effect. Said Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage. The Certificate Holder address shall read: City of Sunrise Attn: Purchasing Director Purchasing Division 1601 NW 136 Ave, Bldg A, Suite 101 Sunrise, FL 33323 Umbrella or Excess Liability: Contractor may satisfy the minimum liability limits required above for Commercial General Liability or Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest "Each Occurrence" limit for either Commercial General Liability or Business Auto Liability. Contractor agrees to endorse City as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a "Follow- Form" basis. Right to Revise or Reject: City reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements based on insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work / specifications affecting the applicability of coverage. Additionally, the City reserves the right, but not the obligation, to view and reject any insurance policies failing to.i the 3 City Initials Vendor Initials 6� " 52 of 221 criteria stated herein or any insurer providing coverage due to its poor financial condition or failure to operate legally. Performance & Payment Bonds Not Applicable 8. Termination For Governmental Non - Appropriations The City is a bona fide governmental entity of the State of Florida with a fiscal year ending on September 30 of each calendar year. if the City does not appropriate sufficient funds to purchase the quantities required under this contract for any of the City's fiscal years subsequent to the one in which the contract is executed and entered into, then this contract shall be terminated effective upon expiration of the fiscal year in which sufficient funds to continue satisfaction of the City's obligation under this contract were last appropriated by the City and the City shall not, in this sole event be obligated to make any further purchases beyond said fiscal year. 9. Termination For Cause This Agreement may be terminated by either party upon three (3) calendar days written notice to the other party, should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination. In the event the Contractor abandons this Agreement or causes it to be terminated by the CITY, the Contractor shall indemnify the CITY against any loss pertaining to this termination. In the event that the Contractor is terminated by the CITY for cause and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 10. and the provisions of Section 10. shall govern. 10. Termination For Convenience This contract may be terminated by the City without cause upon thirty (30) days written notice to the Contractor. In the event of such a termination without cause, the Contractor shall be compensated for all work completed and accepted by the City's Representative as authorized herein, together with reimbursable expenses incurred. In such event, the Contractor shall promptly submit to the City its invoice for final payment and reimbursement under the terms of this contract. 11. Indemnification In consideration of the separate sum of $10.00 (which $10.00 is the first $10.00 of the contract price), the Contractor shall indemnify and save harmless and defend the City, its agents and employees from and against any and all claims, liability, losses, and /or cause of action which may arise from any negligent act or omission of the Contractor, it agents or employees in the performance of services under this contract. The Contractor further agrees to indemnify, save harmless and defend the City, its agents and employees from and against any claim, demand or cause of action whatsoever kind or nature arising out of any conduct or misconduct of the Contractor not included in the paragraph above and for which the City, its agents or employees are alleged to liable. 12. Independent Contractor The Contractor is an independent Contractor under this contract. Personal services provided by the Contractor shall be by emp"es of the Contractor and subject to supervision by th4 4 City Initials /) Vendor Initials 53 of 221 Contractor, and Contractor's employees shall not be officers, employees, or agents of the City. Personnel policies, tax responsibilities, purchasing policies and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 13. Authority to Practice The Contractor hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City's representative upon request. 14. Severability If any term or provision of this contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this contract shall be deemed valid and enforceable to the extent permitted by law. 15. Governing Law /Jurisdiction/Venue This Contact shall be construed in accordance with and governed by the law of the State of Florida. Venue for any action arising out of or relating to this Contract shall lie in Broward County, Florida. Both parties hereby agree to waive a jury trial and will proceed to a trial by judge, if necessary. Except as set forth in paragraph 11, each party will be responsible for their own attorney's fees and costs. 16. Successors and Assigns The City and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this contract. The Contractor shall not assign this contract without written consent of the City. 17. Subcontracting The City reserves the right to accept the use of a subcontractor, or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this contract. If a subcontractor fails to perform or make progress, as required by this contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the Contractor shall promptly do so, subject to acceptance of the new subcontractor by the City. 18. Conflict of Interest The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Section 112.311, Florida Statutes. The Contractor further represents that no person having any interest shall be employed for said performance. 19. Contingent Fees The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working s71r the Contractor to solicit or secure this contract an at 5 City Initial Vendor Initials 54 of 221 it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this contract. 20. Nondiscrimination The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 21. Public Entity Crimes As provided in Sections 287.132 and 287.133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and Contractors who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 22. Modifications of Work If the City requires miscellaneous additional work or materials not delineated in the Bid but within the general Scope of Work, the Contractor shall submit a detailed written proposal to the authorized City representative. If the proposal is approved, the Contractor shall receive authorization to proceed by receipt of a purchase order incorporating the Contractor's proposal. The City reserves the right to make changes in Scope of Services, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the City's notification of a contemplated change, the Contractor shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this contract. The parties agree to negotiate in good faith changes in the Scope of Services that may occur. If the City so instructs in writing, the Contractor shall suspend work on that portion of the Scope of Services affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall initiate a Contract Amendment and the Contractor shall not commence work on any such change until such written amendment is signed by the Contractor and approved and executed by the City's representative and Purchasing Director. 23. Notice All written notices required in this contract shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Purchasing Director City of Sunrise 6 City Initial Vendor Initials , 'f 55 of 221 10770 W. Oakland Park Blvd. Sunrise, FL 33351 cc: City Attorney City of Sunrise 10770 W. Oakland Park Blvd. Sunrise, FL 33351 If sent to the Contractor, shall be mailed to: Westwind Contracting, Inc. Attn: CEO 3799 W Hallandale Beach Blvd. Pembroke Park, FL 33023 24. No Damages for Del The CONTRACTOR shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs, on account of delays in the progress of the Project from any cause whatsoever including an act or neglect of the CITY, adverse weather conditions, and act of God, strike, war or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other causes beyond the CONTRACTOR'S control, or by delay authorized by the CITY, or by other causes which the CONTRACTOR determines may justify delay. The CONTRACTOR'S sole recovery and sole remedy for any such delay shall be a reasonable extension of time and a revision to the Project Schedule as determined by the CITY. However, additional costs to the CONTRACTOR or delays in the CONTRACTOR'S performance caused by improperly timed activities shall not be the basis for granting a time extension. If the CONTRACTOR wishes to make a claim for an increase in time of performance, written notice of such claim shall be made to the CITY within ten (10) working days after the occurrence of the event, or the first appearance of the condition giving rise to such claim. The CITY'S representative shall determine whether or not the CONTRACTOR is entitled to a time extension for the delay. The failure of the CONTRACTOR to give such notice shall constitute a waiver of any claim under this section. 25. Securit All personnel shall report to the Security Guard or Operator on duty at each site for check -in upon arrival at any Utility location. Photo identification of person, their purpose of visit and contact person at Utilities who will accompany while on City property shall be required for entry. Upon leaving the premises, all personnel shall be required to check out with the Security Guard or Operator on duty. Contractor shall be responsible for complying with these procedures. The Contractor shall be required to complete and return the attached SECURITY PROCEDURE FORM, Exhibit "C ". 26. Incorporated by Reference The attached Exhibits "A" , "B" and "C" are incorporated into and made a part of this Contract. Incorporated by reference is the Bid Documents Addenda, and response thereto. In the event of any conflict in the Documents, the order of precedence is: the Contract, the Response, the Addenda; and the Invitation for Bid Documents. 7 City Initials Vendor Initials_/ 56 of 221 27. Entirety of Contract The City and the Contractor agree that this contract sets forth the entire contract between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto with the same formality as this contract. Any alteration of the Terms & Conditions of this contract must be contained in the Deviation Page after approval by the City Attorney and Vendor to be binding. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK AND SIGNATURES FOLLOW ON ATTACHED PAGE] City Initial Vendor Initials_ 57 of 221 IN WITNESS WHEREOF, the Purchasing Director, authorized to execute same by City Commission, has made and executed this contract on behalf of the City the day and year below written and Contractor has hereunto set its hand the day and year below written. CITE' OF SUNRISE By :�l ^tee m— Print: Glenn R. Cummings Title: Purchasing Director Date: Z /Z� /// WESTTWIND CONTRACTING, INC. By. — Print: Marion L. Mosely Title: CEO Date: J J / /, `� City Initials Vendor Initials _ 58 of 221 EXHIBIT "A" SPECIFICATIONS The Contractor shall furnish all labor, materials, all equipment necessary to perform the work as specified herein, machinery, tools, transportation, supplies, services and supervision for the work described below. The sludge must be dug and hauled periodically. The City currently has two active facilities. The City may add additional locations, if necessary. The hourly rate bid for digging, and stockpiling if required, shall apply to any additional locations. If additional locations are added, the awarded Contractor shall provide a written proposal for hauling, per truckload, at the equivalent unit cost per mile. At all facilities, the Contractor shall use a Hydraulic Excavator for digging, and a Front End Loader for loading dump trucks. The use of a dragline is acceptable, if first approved in writing by the City's designated representative prior to use. The City shall only pay for hours worked at each location. The City shall not pay for travel time, equipment or rental costs. Prices bid shall include any and all fees related to removing and disposing of lime sludge at the specified locations. Purchase orders will be issued, on an as needed basis, prior to commencement of services. DISPOSAL SITES . Contractor shall be responsible for supplying all equipment and manpower necessary for loading, transporting and disposing of the lime sludge. Finding a disposal site is the responsibility of the Contractor. Contractor shall be responsible for complying with all applicable codes relating to disposal sites. RESPONSE TIME Pickups shall be made within three (3) working days after request by the City's designated representative at each location. Disposal must be completed within two (2) consecutive working days of Contractor's mobilization on each site. MEASUREMENT OF QUANTITIES FOR BILLING PURPOSES Payment for disposal shall be made on the basis of truckloads removed. (Each truckload shall contain 20 cubic yards). Contractor shall generate individual load receipts for each truckload which will be verified and signed off by a City representative. WORKING HOURS AND SCHEDULING INTERVALS Service shall be performed during the hours designated by the City's designated representative and in such a manner as not to disrupt ongoing utility operations. Generally work shall be required on normal work days (between the hours of 8:00 a.m. and 4:00 p.m.), excluding weekends and City holidays. However, the City may require services at any given time. If work is required at other than normal working hours, Contractor shall be paid at one and a half times hourly rate bid. 10 City Initials Vendor Initials_ U4 ° 59 of 221 RESTORATION The Contractor shall be responsible for cleaning any spillage, site clean -up and grading access road and storage areas at completion of each removal. This excludes additional aggregate or road rock that might be required. LOCATIONS: SPRINGTREE FACILITY - 4350 Springtree Drive, Sunrise, Florida There is one pond at this location. The pond is 150' x 50' x 10'. Contractor shall be required to dig out and stockpile the lime sludge to allow the sludge time to dry, and haul the lime sludge at this facility approximately six (6) times per year. Estimated work time at this facility is 8 hours each time. IMPORTANT Due to current security regulations, all trucks coming to the Springtree facility MUST enter on Springtree Drive. However, Contractor may NOT access Springtree Drive from University Drive or NW 84` Avenue. All trucks must arrive via N.W. 44 Street to Springtree route will be provided to the awarded Contractor SOUTHWEST FACILITY— 15400 Water Mill Road, Davie, Florida There are two ponds at this location. Pond #1 is 80'x 80'x 8 and pond #2 is 80'x 60'x 8'. Contractor shall dig out and haul lime sludge at these two ponds approximately four (4) times each year. Estimated work time at this facility is 8 hours for each pond. I 1 City Initia4 Vendor Initials_ 60 of 221 EXHIBIT `B" Description Digging at Springtree & Southwest Locations Stockpiling at Springtree & Southwest Locations Hauling (from Springtree location) to destination determined by Contractor Hauling (from Southwest location) to destination determined by Contractor 12 City Initials_ Unit Cost $ 90.00 /hour $ 130.00/hour $ 140.00 /truckload $ 125.00 /truckload Vendor Initials 61 of 221 EXHIBIT «C„ SECURITY PROCEDURE FORM The Vendor shall be responsible for and required to complete a VENDOR PASS REQUEST FORM, with photo identification of all personnel authorized to be at Utility sites. Changes in personnel, additions and /or deletions, shall be reported to the City's designated representative in the Utilities Department within twenty -four (24) hours of the change in writing via fax to 954- 846 -7404. All personnel shall report to the Security Guard or Operator on duty at each site for check -in upon arrival at any Utility location. Photo identification of person, their purpose of visit, and name of contact person at Utilities, shall be required for entry. Vendor shall ensure that only authorized Vendor employees, subvendors or agents shall have access to Vendor City vehicles, work site, equipment, work products, reports, electronic data and any and all other information in any written or verbal format pertaining to the City of Sunrise. Vendor shall not admit any unauthorized personnel onto any Utility site. Vendor will not release, discuss or share any information on Utility system, equipment and or operations, to any non -City personnel. Upon leaving Utilities premises, all personnel shall be required to check out with the Security Guard or Operator on duty. This requirement and responsibility of Vendor shall remain for the Agreement term and Agreement extensions. Any references of Vendor personnel herein shall include employees, subvendors or agents of Vendor. This facility access requirement is to assure security to City's facilities and shall be considered a material term of this Agreement. Vendor shall have no claim or rights against City for its failure to comply with this requirement and shall be responsible to timely complete its work under the terms of the Agreement. The foregoing has been read and is acknowledged by the following authorized representative. W[STWiN� CoN7RACTING -INC /,MJ (Company Name) Its: DES Dat 08 040 13 City Initials_ Vendor Initials 62 of 221 "SAMPLE" VENDOR PASS REQUEST Vendor Name Vendor Address y 311 PC Vendor Contact Name Vendor Contact Phone J /NZ CoNre�gcr�N &, iNc 'q &.vz). n8 kak a pfte k . r-L 330 3 4J,t1-aEm04Pe "W 41 -D`/ POW Z.Z 1 Number q 2-`7 -G. - 4 5'76 , List of Contractor Employees Requiring Entry to City of Sunrise Utility Facilities (Attach copy of Picture Identification (State or Federal) for all persons listed) Name Work to be Performed WAL0Y__P0L1Z /pA -46va / bjer7E,e Aeeo AaGamE � m�+��e J k1. OP P�?7b2 �121U&2. NON � 2 EE1t] � VZ:12 ! E T IJ P-17E(2. opaej+Tv T/ emer w eirae IANtA) Q P eA7 zvjveP- v >`r iiki &.2 T uY T i T ►2. I4 City Initials i— Vendor Initials_Y 63 of 221 SUNRISE, FLORIDA RESOLUTION NO. 11 -115 A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA, TO AWARD BID NO. 11(31)12-14 - 07-13-H AND A CONTRACT FOR LIME SLUDGE REMOVAL TO WESTWIND CONTRACTING, INC. OF PEMBROKE PARK, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNRISE, FLORIDA: Section 1. The award of Bid No. 11(31)12- 14- 07 -13 -H for Lime Sludge Removal to Westwind Contracting, Inc. of Pembroke Park, Florida, is hereby approved. A final copy of the Contract is attached hereto as Exhibit "A." Section 2. The Purchasing Director is hereby authorized to execute the Contract and all necessary documents, and to amend, renew and extend the Contract in accordance with the terms of the approved Contract. Section 3. Effective Date. This Resolution shall be effective immediately upon its passage. PASSED AND ADOPTED THIS 9TH DAY OF AUGUST, 2011. Mayor Michael J. Ryan KAKKK0728 1 C11214 RESOLUTION NO. 11 -115 64 of 221 Authentication: Felicia M. Bravo City Clerk MOTION: ALU SECOND: SCUOTTO ALU: YEA ROSEN: YEA SCUOTTO: YEA SOFIELD: YEA RYAN: YEA Approved by the City Attorney as to Form and Legal Sufficiency, KAKKK0728 Kimberly A. Kisslan C11214 RESOLUTION NO. 11 -115 65 of 221 FIRST AMENDMENT TO CONTRACT NO. (11)C -14 -H BETWEEN THE CITY OF SUNRISE, FLORIDA ANII WESTWIND CONTRACTING, INC. FOR LIME SLUDGE REMOVAL This First Amcridincut To Contract No. (II)C -14 -II is made by and between the City of Sunrise ( "City ") and Westwind Contracting, Inc. ( "Contractor ") WHEREAS, a Contract was entered into between the parties on August 12, 2011; and WHEREAS, the parties agree that an amendment to the Contract is necessary to extend the Contract for an additional one (I) year period ( "First Renewal Period "); NOW THEREFORE, in consideration of the mutual covenants and obligations created hereby, as well as other good and valuable considerations, the parties agree as follows: 1. Recitals Incorporated The foregoing recitals are incorporated by reference and made part of this Amendment. 2. Amendment to Contract Section 3, Initial Contract Period and Contract Renewal, paragraph No. I is hereby amended to add the following sentence after the second sentence of this paragraph: "The parties agree to extend the Contract for an additional one (1) year period, beginning August 12, 2013 and ending August 11, 2014, (First Renewal Period) under the same terms conditions and specifications." 3. Conflicti Terms In the event the terms of this Amendment conflict with those of the Initial Contract, the terms of this Amendment shall govern. All other terms of the Contract shall remain and continue in full force and effect. 4. Caption . The captions of this Amendment are for convenience only and are not to be construed as defining or limiting in any way the scope or intent of the provisions of this Amendment. 5. Effective Date This Amendment shall be effective on the date this Amendment is fully executed. REMAINDER OF TIIIS PAGE LEFT INTENTIONALLY BLANK City Initials Vendor Initial 1 66 of 221 IN 'WITNESS 'WHEREOF, the City and Westwind Contracting, Inc. have caused this First Amendment to the Contract to be executed on the date indicated below. r' ^'t City Initials L�' CITY OF SUNRISE By: Print: Ann Potter Title: Puruhasin r p Dire :tor Date: t WEST4WIND CONTRACTING, INC. By: Print: Marion L. Mosely Title: CEO Date: Vendor Initials fi r --° 2 67 of 221 P igott, Bevis From: Wally Poliai < WaldyP @westwindcontracting.com> Sent: Tuesday, February 04, 2014 3:07 PM To: Pigott, Bevis Subject: Boynton Beach Water Plant Sludge removal Attachments: D00O20414- 004.pdf, License SW- BP00045- 10 -1.pdf Bevis: Thank you for the opportunity to provide our services to the City of Boynton Beach. Prices for Boynton Beach water plant to piggy back on City of Sunrise sludge contract will be as follow: 1) Digging $90 /hour (if needed and requested) 2) Stockpiling $130 /hour (if needed and requested) 3) Hauling( *) $140 /load + $58 /load Surcharge for the additional 21.4 miles ( *) 1 load = one dump truck with minimum 18 CY (22 tons) capacity. Price includes loading with Westwind's machines and dump fees. I'm sending attached copy of the latest work order that we got from the City of Sunrise for the removal and stockpile of sludge on its water plants: Springtree and Southwest. The Sunrise Springtree Water plant is located 18.7 north of our approved site and Boynton Beach's water plant is located 40.1 north ( +21.4 miles north). With that in mind you can piggy back on City of Sunrise Sludge Contract with a $58 /load surcharge on the hauling price for the extra miles. Prices to haul the water plant sludge includes loading with one of ours large excavator or wheel loader, whatever it will be more appropriate for your site, freight to Westwind's owned and operated approved dump site (license attached), dump fee and an additional employee to write tickets and coordinate traffic during the operation. We can start the work as soon as you issue a work order. The best way to reach me is to call my cell: (954) 275 -4576. wawy POUW M#Ww% conlrocUrso President www.wastwindcontractiria.com CONFIDENTIAL: This electronic mail (including any attachments) may contain information !hat is privileged, confidential, and/or mherwise protected from disclosure to anyaue other than its intended recipient(s). Any dissemination or use of this electronic email or its contents (including any attachments) by persons other than the intended recipiem(s) is strictly prohibited_ If you have received this message in error, please notify us immediately by reply email so that we may correct our internal records. Please then delete the original cressage(including my attachments) in its entirety. Thank you 68 of 221 emxmmnmtatpmyc6na"uciaexMmaWmeqoepartma, em'VInowmeNnLuCemSImm AND BUILD wa PERMITTING mmSIom One MO. unwarsityuri,�e. Mailbox 302.pgntamon,pLzno4 mA-765-44Co FAX 954-519-1493 LpGMu License Num mW-131100045-1e01 APPLICANT acmnrion Mwely NeeLinnLake Seneca Land Company Weswind Contracting, Inc, 3501 v uulVD 3501 vyVAcL/ovoALE BEACH a/xo Pem Park. p1, 33023 Pembroke mrk, FL. 33023 llh^oo�(Y54)Y6\'7200 This license is issued under provisions of Chapter 27of the Broward County Code of Ordinances hereinafter called the Code. The above-named applicant, hereinafter called Licensee, is hereby authorized $» perform the work or operate thofaoi|ityuhnwnunlheappmveddmwimQa plans, documents, and specifications submitted by Licensee and made a part hereof and described specifically below. The issuance of this license is a final agency determination. A person with a substantial interest may file a petition to request review of or to intervene in a review of a final administrative determination, subject to the provisions of Section 27-14, Broward County Code of Ordinances, and in accordance with sections 120.569 and 120,57 of the Florida Statutes, when applicable, If no objection to this license is received within 14 days, you will be deemed to have accepted it and all the attached terms and conditions. ALL GENERAL CONDITIONS and SPECIFIC CONDITIONS, as attached, are considered to constitute the requirements nrthis license. The Licensee is required to fully comply with all these conditions. Any failure to comply with conditions o,requirements as set forth may result im revocation or suspension of this license and may subject the Licensee V»enforcement action in accordance with provisions n( Article 1. Division 4af the Code. 1,11csNS1 This nccns*^na accompanying conditions surernudo License Nomber8VY-13P0O045-0. issued vn]nn3|,20|. and 'ie^cc^mp"nyixscondition mxImea8rBUSINESS: Borrow pi/ Re p^jou, nEmC»|Vrx0N' This iso modification o[mn existing borrow pit r*:|u/nn/kmJaciU,' Const / operation which i^ estimated mnonapproximately l.28O yards nfRU material consisting of'mcovsavJ. limestone rock,and cimn debris, as defined in Chaptcr 27-214 ofilic Broward Counly Code, To continue Nlixg* portion ^fou existing borrow pit. Speei§cuU'. this modiGmiuni's for tonsfi�,rriva rillin." operations 6*v the nort phase of' l2.46voresm t sout |2.46 acres Phase | of MLekins Lake. Filling activities will continue gencrally from SOL1111 10 110rth. This license does nok allow knooy additional xreumbu0kdbeyoud the h*uwarioso[Phase his defined iv the site ykelchau provided w` October 23.z013 Prepared BY: Smv*Sd`wnrswio / Application Received- |u/ov/zn|s Date nfIssue: 10/28/20 13 Renewal App. Due: 09A) 1/2015 c"w,"""v*"/u="*" Wm Bu p«m«,� Elxpiriaion Date: 10 -1 Page 1ofs 69 of 221 SOLID WASTE MANAGEMENT LICENSE GENERAL CONDITIONS (1) The terms, conditions, requirements, limitationsand restrictions set forth herein are accepted by the Licensee and must be completed by the Licensee and are enforceable by The Environmental Protection and Growth Management Department (THE AGENCY) pursuant to this chapter. THE AGENCY will review this license periodicallyand may revoke or suspend the license, and initiate administrative andlorjudicial action for any violationof the conditions by the Licensee, its agents, employees, servants or representatives. (2) The license is valid only forthe specific uses set forth in the license application and any deviation fromthe approved uses may constitute grounds for revocation, suspension, and/or enforcement action by THE AGENCY. (3) In the event the Licensee is temporarily unableto complywith any of the conditions of the license or with the Code, the Licensee shall notifyTHE AGENCY within eight (8) hours ores stated in the specific section of the Code. Within three (3) working days of the event, the Licensee shall submit a written report to THE AGENCY that describes the incident, its cause, the measures being taken to correctthe problem and prevent its reoccurrence, the owner's intention regarding the repair, replacement and reconstruction of destroyed facilities and a schedule of events leading toward operating within the license condition. (4) The issuance of this license does not convey any vested rights or exclusive privileges, nor does it authorize any injury to the public or private properly or any invasion of personal rights, or any violation of federal, state or local laws or regulations. (5) This license must be availablefor inspectionon the Licensee's premises during the entire life of the license. (6) By accepting this license, the Licensee understands and agrees that all records, notes, monitoring data and other information relating to the construction oroperaticn of this licensed facility or activity, that are submitted to the County, may be used by the County as evidence in any enforcement proceeding arising under the Code, except where such use is prohibited by section 403.111, Florida Statutes. (7) The Licensee agrees to comply and shall comply with all provisions of the most current version of the Code. (8) Any new owner or operatorof a licensed facil ity shall apply by letterfor a transferof license within thirty (30) days aftersale or legal transfer. The transferor shall remain liable for performance in accordance with the license until the transferee applies forand is granted a transfer of license. The transferee shall be liable for any violationof the Code that results fromthe transferee's activities. The transferee shall comply with the transferor's original license aonditionswhen the transferee has failed to obtain its own license. (9) The Licensee, by acceptance of this license, specifically ag rees to allow access and shall allow access to the licensed source, activity or facility at times to AGENCY personnel for the purposes of inspection and testing to determine compliance with this license and the Code. (10) This license does not constitutea waiver or approval of any other license, approval, or regulatory requirement by this oranyother governmental agency that may be required. (11) Enforrementof the terms and provisions of this license shall be at the reasonable discretion of THE AGENCY, and any forbearance on behalf of THE AGENCY to exercise its rights hereunder in the event of any breach by the Licensee, shall not be deemed or construed to be a waiver of THE AGENCY's rights hereunder. Page 2 of 6 70 of 221 APPLICANT: Seneca Land Company & Westwind Contracting, Inc. LICENSE NO.: SW- BP00045 -10 -01 SPECIFIC CONDITIONS: 1. The licensee shall receive only fill material at the facility. 2. The licensee shall not accept at the facility the following prohibited materials: contaminated soil; contaminated materials; solid waste; compost made from solid waste; putrescible or deleterious materials or materials that leach contaminants or will not retain their physical or chemical structure under expected conditions of disposal; vegetative debris; recovered screened material (RSM); and any other materials that are determined by ELBPD to pose any risk to water supplies, the environment, or public health and safety. 3. The licensee shall deposit only clean debris for use as fill material in the borrow pit reclamation area. The following materials shall not be disposed of in the borrow pit reclamation area: contaminated materials; contaminated soil; solid waste; any form of metal except if the metal is embedded in concrete and does not protrude more than six (6) inches; vinyl materials; compost made from solid waste; putrescible, deleterious materials or materials that leach contaminants or will not retain their physical or chemical structure under expected conditions of disposal; vegetative debris; mulch; recovered screened material (RSM); and any other materials that are determined by ELBPD to pose any risk to water supplies, the environment, or public health and safety. 4. The licensee shall maintain, at a minimum, one (1) spotter on -site at all times during operational hours to inspect all loads of fill material received on -site. The spotter shall identify and remove any prohibited materials which may have been inadvertently included in the load prior to placement in the borrow pit reclamation area. 5. The licensee shall ensure all personnel on -site are properly trained to operate the facility and to identify and properly manage any prohibited materials received at the facility. 6. The licensee shall remove all metal embedded in concrete that protrudes in excess of six inches prior to placement in the borrow pit reclamation area. 7. The licensee shall maintain appropriate containers or secure storage areas on -site and deposit prohibited materials removed from the fill material in the containers or secured storage areas. 8. The licensee shall remove and properly dispose of all prohibited materials stored on -site within seven (7) days of receipt. 9. The licensee shall maintain fencing or other effective barriers on -site to control access to the facility, secure the borrow pit reclamation area and prevent disposal of waste or materials other than fill material. 10. The licensee shall permanently post sign(s) in any conspicuous location(s) clearly visible to the general public indicating the name of the operating authority, a contact person and telephone number in case of emergency, the hours of operation, and a list of prohibited materials. 11. The licensee shall ensure surface water quality is maintained at the standards set forth in Chapter 27, Article V of the Code. Equipment such as screens, booms, and curtains shall be installed as necessary to maintain compliance with water quality standards. Page 3 of 6 71 of 221 APPLICANT: Seneca Land Company & Westxh end Contracting, Inc, LICENSE NO.: SW- 13P000 45 -1 0 -0 1 12. The liccnsce shall maintain a minimum of I "our (4) monitoring wells on site. T \t o (2) monitorin <,? wells Shall he inMallod h4'cir.aulically up gradient from the area to be filled. One (l) well shall he installed to a depth equal to that oftlae subject Surtacc water bekw filled, and one (I ) shall be it slaallohh well installed 10 a depth of ten (10) feet bclow the water table. Theo (2) monitoring w ells shall be installed hvdraulicadly down uradient. One (I) well Shall be insttalled to a depth equal to that of the subject surface heater beitag filled, and one (1) shall be a shallow Nvcll installed to a depth of ten (10) feet below Ilse h haler table,. 'ltonitOrinLI Well coatstruc6011 apecilic ttiocx, must lie ill complitance with Section 621 531 F.A.C'., as amended. 13. The liccnsce shall submit written notification to Ia.I3PD five (5) working days prior to all sampling events so that ETBIID may collect split Samples. 14. The licensee shall adhere lay the monitorin specified in Section 27 -21 Ci {c)(l )g of the C."ode in the license conditions, and with all applicable sections of the Code, as amended. All sampling and analysis must be performed in accordance a ith the most current version of Brow and County's"Minirlium Criteria i "or Monitorin Well Installation and Sampbng " field sampling, procedures must be approved in auorckaraec. with ltule 62- 160.220, F.A.C. Laboratories performing analyses shall hold cerlifi,cattion from tile Florida Department of health Frikironmental Laboratory Acccredittaiion 1'ro;_�raun in accordance with Mule, 62- 100,300. F.A.C. w 15, The moniiorinL wells ,hall be sampled and analyzed on all annual basis, in January of eaach year, fill the paramelcrs listed ill Section 27- 216(c)(1)g,2., of Inc Codc (Specific COndltiOta 11). 1Ccsults shall he reported in accordance with Section 27 216(c)(I )1.3., oftlte Code (Specific Condition 16), 16, The licensee shall submil avalcr duality analytical results in electronic foranat eta Fl BPD at ht.rstettl rst twacm�.rm,rctioat "rr I�r ohh aatl ota, as required in Sections 27 21 6(c)(I )i;.I.a) and b), of thcz Code within thirty (30) days of .sampling, stanmarixed in letter firm) which includes date(s) of samples, laboratory report(s), a map showin g tilt: monitoring well location(s), a description of the Sampling procedure(,), field shecis and chain of custody form(,). A si fined cotter page is to be iucludt:d Ntiitlt the submittal. In the event electronic mailing iS lust available, plcdSe scnCl the results to, L3roward Comm F.nx ironmental Protection and Growth ,Mauas4,cnrcnt Department Fnvirotunental Licensing and Building Permitting Division ATT �: Waste Management Section t One North University Drive, I st Floor Plantation, FL, 33324 17. 11' monitoring; parameters are detected in monivaring wells in concentrations above tlaosc water quality s established as backLrotmd I'or the site. or which are at levels above the standards set forth in Chapter 27. Article V of the Cole, the [icensee shall immediately cease borrow pit reclamation activities and provide written notice to L1,131 of the exceedancc(s) within thveniy -fi7ur (24) hours of detection. Within five (5) working days of defection Of the exceedance(s), the licensee; shall submit to El,13PD a written action plane to correct tits exceedaaucc(S). The platy shnil describe the nature: and extent of the problem, including copies ol' Iaboratory reports. as nap oh the sample location(s) and a description of file saampling proc:cilures used and the proposed rcraacdy including. as applicable, at time schedule which includes, a _justification for the prop ?scd time - schedule. No borrow pit recl.atuation actix °ities shall take place until tine licensee call demonstrate ter F1,1311) than the csccedaauce(s) have been corrected and water duality parameters are ill compliance with the Code. Page 4 of 6 72 of 221 APPUCf VOK Seneca ]_anal Cc >napany & Mnimind Contaactiug. Inc. LICHNSF NO.: Std'- 13PO0045- 10-01 IS. The following parameters are required for groundwaier duality analysis: a) Field Pau I, I 1 Temperature Cmumokity Dissolved Oxy Wer Idwathns Colors and Shcens (by obsermion) b) Laboratory Paraancters: 106 1yBE uutn Chlorides N Amte Sulfate Total DioNved Solids TuAidity TWA Iran Sod ivan 'I"otal :Arsenic l`W1 C'admhuii TWA Ckmium Total Lead Total ".lercury Ammonia Phcaols 1 parametcr> listed ill 1:YA Nlethod 624. or mom current technolo`= I A The lieensce of a homow pii reclamation areii shall tnuiaatai❑ a record on -site recording daily, in cubit Yards, tlae following: a) "File total quantity of fill material received ort -site. h) 'File total quantity of' fill material deposited ill the borrow pit reclamation urea. C) The ustal quantity of Prohibited nwahl rem wk, by type, and the final disposal locations) Ar the prohibited wastes hwhadbg facilitu naive, location and telephone nun 20. The Ikensee of a Wow Pit rcclamalm area shall submit m ITHPD a numhly report no Iater than the fifteenth (I? "`) day of the succeeding njculth at 111c lollop; inn email addres : % %aslctlt;aaa ;!can n €tiect6c3 rr hroa� °,IrcE cam. The report shall include: a) file facility name, :address and licetasc number. b) The naurntla covered by the repaart. C) A summary of the daily information collected in accordance with Sec On 2T21Mc)( YI. (Specilie Condition19). Page J of 6 73 of 221 APPLICANT: Seneca Land Company & Westwind Contracting, Inc. LICENSE NO.: SW- BP00045 -10 -01 In the event electronic mailing is not available, please send the report to: Broward County Environmental Protection and Growth Management Department Environmental Licensing and Building Permitting Division ATTN: Waste Management Section One North University Drive, l st Floor Plantation, FL 33324 21. The licensee shall finish slopes resulting from fill activity at a minimum of 4:1 (horizontal to vertical) between the control elevation out to a depth of two (2) feet below the average dry season water table elevation and stabilize with vegetation within ninety (90) days of slope construction. 22. The licensee of a borrow pit reclamation area shall give written notice to ELBPD within thirty (30) days afler project completion or expiration of the license period, whichever occurs first. This notification shall include a survey of the borrow pit reclamation area including borrow pit bank slopes under seal by a professional land surveyor registered with the State of Florida as well as the total acreage filled. ELBPD may require additional reports as deemed necessary to ensure environmental compliance. 23. Upon completion of the license period, ELBPD will evaluate the collective water quality data and will make a determination on monitoring closure, monitoring extension, or contamination assessment initiation. 24. Upon approval of monitoring closure, the licensee shall abandon the wells in accordance with the most current version of Broward County's "Minimum Criteria for Monitoring Well Installation and Sampling" and Rule 62- 532.500(4), F.A.C. 25. The licensee shall notify ELBPD in writing prior to any change of the on -site operator at the facility. This notification shall include at a minimum, the operator name, address, phone number, and contact person, as well as a description of the operation. Page 6 of 6 74 of 221 6.F CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve proposal from Tactical Team Building, in the amount of $15,000 to prepare /present a workshop on Tactical Team Building for police personnel facilitated by Psychologist Ronal Jay Cohen, Ph.D, ABPP and Barbara Pavlo, Psy.D. EXPLANATION OF REQUEST: Approve proposal from Tactical Team Building, in the amount of $15,000 to prepare /present a workshop on Tactical Team Building for police personnel facilitated by Psychologist Ronal Jay Cohen, Ph.D, ABPP and Barbara Pavlo, Psy.D. This workshop course is designed to assist law enforcement professionals with strategies when it relates to constructive conflict resolutions within intra- agency conflict and effective communication. Participants additionally would be more cognizant of the need to resolve intra- agency conflict in ways that not only address their own individual needs, but also in the best interest of the agency. Psychologists Cohen and Barbara Pavlo will team teach personnel, sworn and civilian both, on site in four sessions on four consecutive days of a week in May 2014. This workshop combines activities such as individual introspection, small group discussion and role - playing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This training will assist police personnel (civilian and sworn) how to effectively resolve intra- agency conflict and help create a solution conducive atmosphere for conflict resolution amongst each other. 75 of 221 FISCAL IMPACT: The $15,000 will be paid out of the Law Enforcement Education Fund (691- 5000 - 590- 04 -21) which has a current balance in excess of $78,073.65. It should be noted the proposed training costs include travel /lodging. ALTERNATIVES: Not providing the training. 76 of 221 TACTICAL TEAM BUILDING WORKSHOP DESCRIPTION AND PROPOSAL Tactical Team Building (TTB) is a four -hour, participant- interactive workshop that is team- taught by the two psychologists who developed it, Ronald Jay Cohen, Ph.D. and Barbara Pavlo, Psy.D. (see attached curriculum vitaes). Designed for use by law enforcement agencies, a key objective of this unique program is to enhance participants' agency - related, internal communication skills through the use of "TEAM" tactics and tools_ Here, "TEAM" is an acronym for four key components of the program: 1. Timely, Constructive Confrontation 2. Effective Communication 3_ Accommodation of Culture 4. Morale through Professionalism Using this four - component outline as a point of departure, relevant topics will be explored. For example, one topic to be explored with respect to the Accommodation of Culture element of the course is "Police culture: How it works against constructive conflict resolution among agency personnel." Relevant topics to be explored with respect to the Effective Communication element include "How to listen actively" and "Cohen's Dozen A.'s," the latter being a refcrcncc to a proprietary list of guidelines for creating a solution - conducive atmosphere for conflict resolution. The course format combines instruction with participant activities such as individual introspection, small group discussion and role - playing. Covrse Objective Having completed the workshop, participants will be better equipped to engage in constructive conflict resolution when it comes to intra - agency conflict. Additionally, participants should be more cognizant of the need to resolve intra- agency conflict in ways that not only address their own individual needs, but in ways that keep in mind and serve the best interests of the agency itself. 77 of 221 TACTICAL TEA1'Y1 BUTLDIN G WORKSHOP DESCRIPTION AND PROPOSAL (Page 2) Proposal Psychologists Ronald Jay Cohen, Ph.D., ABPP and Barbara Pavlo, Psy.D. will team -teach the Tactical Team Building workshop to Boynton Beach Police Department (BBPD) personnel, on -site, with facilities {room, white board) to be supplied by BBPD. The training, to be administered to groups of sworn and non - sworn personnel, will occur over the course of four sessions, on four consecutive days of a week in May, 2014 (exact week to be agreed upon). BBPD will be responsible for scheduling personnel to attend sessions. BBPll will also schedule a dozen or so personnel to be interviewed at least 30 days prior to the first session of the course, so that the course can be customized to the needs of BBPD_ .Fee $15,000.00 Fee includes instructors' honorariums, pre - interviewing of personnel and course customization, and instructors' travel and related expenses. Fee is payable according to the following schedule: $3,000 upon commissioning the TTB Workshop and the balance payable upon the last day of the Workshop. 78 of 221 Curriculum vitae of Ronald Jay Cohen, Ph.D., ABPP LICENSES New York State Psychologist License # 5507 Florida Psychologist License # PY 8681 BOARD CERTIF'ICATIONS Dip:omatc, American Board of Professional Psychology (Clinical Psychology) Diplomate, American Board of Assessment. Psychology EDUCATION 1971 Bachelor of Arts with major in Psychology Brooklyn College (Brooklyn, NY) Graduated cum laude "With Honors in Psychology" 1972 Master of Science in Psychology Western Illinois 'University (Macomb, IL) Psychology research assistantship recipient 1975 Ph.D. in Clinical Psychology S late I Jni vcrsity of New York at Albany (Albany, T Y) Psychology research assistantship recipient CLINICAL E- O2ERIENCL 9/74 -8/75 Internship in clinical psychology Bellevue Psychiatric Hospital New York, NY 9/75 -10/76 Senior Psychologist Department of Child and Adolescent Psychiatry N Bellevue Medical Center (New Bellevue) New York, NY Duties included psychotherapy psychotherapeutic assessment, and clinical supervision of psychology interns. 1978 Psychologist /Assessor, AT &T Manageulent Progress Study Evaluated AT &T managers on a variety of variables such as personal attributes and employinent- related motivation using individual and group interviews, and a variety of psychological tests and performance measures. This research program, considered a landmark in the industrial ational assessment literature, was described in detail in a book by Ann Ho�vard, Ph.D. and Doug:as � T, Bray, Ph.D_ entitled ,ylanagerial lives in. Transition (Guilford Press, 1988). 79 of 221 Curriculum vitae of Ronald Jay Cohen, Ph.D., ABPP Yage 2 CLINICAL EXPERIENCE (continued) 1977- present Clinical and consulting psychologist 1995 -2000 Staff Psychologist Supervised Li festyles, Inc. (Inpaticnti0utpatient Services) Brewster, NY ADMINISTRATIVE EXPERIF.NCF 1984- present Editor -in- Chief, Psycholo & Marketing Supervise a staff of over 100 psychological, marketing, and editorial professionals to produce a monthly, scholarly journal. CONSULTING EXPERIENCE 2013 - present Palm Beach County Sheriff s Office Vo :ur_teer Consultant to Sheriff s Violence Prevention Unit 1980-present Qualitative research consultart to various corporations and organizations including F.ducati.onal Testing Service and the College Board. TEACHING EXPERIENCE 1974 Instructor, State University of Ncw York at Albany Taught Introductory Psychology course 1978 Adjunct Professor of Psychology, Brooklyn College, Brooklyn, NY Taught Abnormal Psychology course 1996 Adjunct Professor of Psychology, Rockland Community College, NY Taught Psychology oFAdjustmernt course 1997 Adjunct Professor of Psychology, St. Johns University Taught undergraduate and graduate assessrnent courses 80 of 221 Cturicultun vitae of Ronald Jay Cohen, Ph.D., ABPP Page 3 PROFESSIONAL SERVICE EXPERIENCE 19'76- present Reviewed several textbook and professional book manuscripts for various publishers including Allyn & Bacon, Brooks -Cole, Elsevier, McGraw -Hill, and Johii Nile)' & Sons. PUBLICATIONS PROFESSIONAL BOOKS, TRADE BOOKS, AND TEXTBOOKS Cohen, R. J. (1979). Dinge! It's not a state of hunger... It's a state of'mind. New York: Macmillan. Cohen, R. J. (1979). dlalpractiee: r1 guide for mental h.eallh professionals. New York: The Free Press. Cohen, R. J., & Mariano, `V. E. (1953). Legal guidebook in mental health. Ncw York: The Free Press. Cohen, R. J., Nfontague, P., Nlathansari, I,. S_, & Swerdlik, \ (1983). Psychological testing: An introduction to tests and measurement. Mountain View, CA: Mayfield Publishing. Cohen, R.J. (1983). A student's guide to psychological testing: Laboratory exercises in assessment. Mountain View, CA: Mayfield Publishing, Cohen, R.J, Swerdlik, M. E., & Smith, D. K. (1992). Psychological testing and assessnzejit: An introdu n ctio to tests and measurement (? " edition). Mountain View, CA: Mayfield Publishing. Cohen, R. J. (1992). 65 exercises in psychological testing and assessment (2 "d edition). Mountain View CA: Mayfield Publishing. Cohen, R. J., Sw•erdlik, M.E., & Phillips, S. M. (1996). P.ychological testing and assessment: An introduction to tests and measurement (3 edition). Mountain View, CA: Mayfield Publishing. Cohen R. J. (1997). exercises in psychological testing and assessment (3 edition). Mountain View, CA: Mayfield Publishing. Cohen, R. J. (1994) Adiarstinent: Culture, values and change. Boston: Allyn & Bacon 81 of 221 Curriculum vitae of Ronald Jay Cohen Ph.D., ABPP Page 4 Cohen, R.J., & Swerdlik, M. E. (1999). Psychological testing and assessment: An introduction to tests and measurement (4" edition). !'fountain View, CA: Mavf.eld Publishing. Santoro, J., & Cohen, R. (1997). The angry heart: Overcoming borderline and addictive disorders. Oakland, CA: New Harbinger Publications. Cohen, R.J., & Swerdlik, M. F. (2002). Psychological testing and assessment: An introduction to tests and measurennent (? edition). New York, N.Y: McGrativ -Hill, Cohen, R. J. ( 2002). Evercis•es inpsychological testing and assessment (5` edition New York, NY: McGraw -Hill, Cohen, R. J. & Swerdlik. M. E. (2005). Psychological testing and assessment: An introduction to tests and measurement (0 edition). New York, N.Y: McGraw -Hill, Cohen, R. J. (200'�). Exercises in psychological testis,; and assessment (6 edition). New York, NY:1bIcGraw- llill. Cohen, R.J., & Swerdlik, M. E. (2010). Psychological testing and assessment: An introduction to tests and measurement ( ? rh edition). New York, N.Y: McGraw-Hill. Cohen, R. J. (2010). Exercises in psychological testing and asses•.s•rrrent. (? edition). New York, NY: McGraw -Hill. Cohen, R. J., & Swerdlik, NI. E. (2010). fnstrzrclor's manual to accompany Psychological Testing and Assessment; 7 edition New York, N.Y.: McGraw -Hill, Cohen, R. J., Swerdlike, M. E., & Sturman, E. (2013). P.,wehological testing and assessment: An introduction to tests and nneasurement (3' edition). New York: McGraw -Hill. !Vote: A Spanish language edition of Psychol ogical Testing and Assssment coincides with the publication of the English language version. Additionally, this �Nidely used textbook is currently being translated into Chinese for distr ibution by McGraw -Hit], Beijing. 82 of 221 Curriculum vitae of Ronald Jay Cohen, Ph.D_, ABPP Page 5 JOURNAL ARTICLES Cohen, R. J. (1973). Loyalty or legality in obedience: Note on the 'Watergate proceedings. Psychological Reports, 33, 964. Cohen, R.J., & Parker, C. (1974). Fear of failure and death. Psychological Reports, 34, 54. Cohen, R.J., & Houslon, D. R. (1975). Fear of failure and rigidity in problem - solving. Perceptual & Motor Skills, 40, 930. Cohen, R. J. (1976). Ts dying being worked to death? .4nierican,lournal of Psychiatry, 133,575 -577. Note: This article was reprinted in R. Fulton, E. Markusen, G. Owen, & J. L. Scbeiber (Eds.), (1978). Deuth and clying. Reading NIA: Addison - 'Wesley. This article was also translated into Soanish and reprinted in: R. Fulton, E.Markusen, G. Owen, & J. L. Scheiber (Eds.), (1981). La rnuerte y el rnorir :• Descfo y carnbio. Bogota: Fondo Educativo Inte_•americano. Cohen, R.J. (1976). Dr. Cohen replies. American Journal of Psychiatry, 133, 1,348- 1349. Cohen, R. J., & Smith, F. J. (1976). Socially rei- forced obsessing: Etiology of disorder in a Christian Scientist. Journal o °Consulting & Clinical PsycholoD} 44, 145 -147. .Alote: This article was reprinted in: Harrison, N.S. (1979). Understanding behavioral research. Belmont, CA: Wadsworth Publishing. Cohen, R. J. (1977). Socially reinforced obsessing: A reply. Journal ot'Consulting & Clinical Psychology, 45, 1166 -1171. Cohen, R. J. (1983). The professional liability of behavioral scientists: Ai overview. Behavioral Sciences and the Law, 1(1), 9 -22i Cohen, R. J. (1999). "What qualitative research can be. Psychology & Marketing 16, 35: -368. Cohen, R. J., & DeBetz, B. (1977). Responsive supervision of the psychiatric resident and clinical psychology intern. American Journal of.Psyc hoanalysis, 3 7, 51 -64. 83 of 221 Curriculum vitae of Ronald Jay Cohen, Ph.D., A$PP Page 6 Cohen, R.J., Swerdlik, T\4. F,., & Molstre, J. A. (1977). College students' attitudes toward New York State's drug laws as a function of geograplftal location. Journal of Drug Education, 7, 37 -42. Kin, S. P., Siomopoulos, G., & Cohen, R. J. (1977). Verbal abstraction and culture: An exploratory study with proverbs. Psychological Reports, 4j, 967 -972. PRESENTATIONS REFEREED PRESENTATIONS Cohen, R. J_ (1978, August). The case ofdlary and the issue ofconlrol. In C. 'V. McLemore (Chair) Religion and psychotherapy. Symposium presented at the 86` annual convention of the American Psychological Association, 'Toronto, Ontario, Canada, Cohen, R. J. (1979, August). The psychologist and the malpractice writ. In R. J. Cohen (Chair), tllalpructice and the nierdal health professional. Symposium presented at the 87th annual meeting of the American Psychological Association, New York, N.Y. Cohen, R. J. (1985, August). Diagnostic assessment of cornmunicadon by verbal and nonverbal means. In S. J. Agres (Chair), The effect of emotions in advertising. Symposium presented at the 93` annual meeting of the American Psychological Association, Los Angeles, California. Cohen, R.J. (1988, August). Clinician conlribidions to consumer psychology. In Editors Panel Discussion: Future directions for consumer psychology. Pane: discussion presented at the 96' annual meeting ofthe American Psychological Association, Atlanta, Georgia. Cohen, R.J. (2007, August). Psychology &!Marketing. In M. E. Swerd'.ik (Chair), +Mee! the editors. Symposium presented at the 115''' annual meeting of the American Psychological Association, Boston, Massachusetts. Sturman E., Cohen, R. J., McLaughlin, S., & Powers, K.(2010, May). The role of humor in test perfonnance, anxiety, and perception of courses. Poster presented at the annual convention of the Association for Psychological Science (APS), Boston Massachusetts. Sturman, E., Cohen, R.J., Perry, A., & Nolet, J. (2012). How bright is the future of psychological testing and assessment? In R. J. Cohen (Chair), Should a measurement course he required of al: underin adual.e psychology majors? Symposium presented at the 120 "' annual meeting of the American Psychological Association, Orlando, Florida. 84 of 221 Curriculum vitae of Ronald Jay Cohen, Ph.D., ABPP Page 7 INVITED PRESENTATIONS Cohen, R.J. (2009, July). Psychological testing and assessment. Invited address to psychology undergraduate and graduate students at Peking University and Tshingua University, Beijing, the Peop:e's Republic of Cliina. PROFESSIONAL ASSOCIATION MEMBERSIIIPS American Psychological Association (.APA) (Member) American Board of Professional Psycholo?} (.Diploma(e) American Board of Assessment Psychology (Diplomate) Society for Personality Assessment (SPA) (Memner) CONTACT INFORNIATION Ronald Jai' Cohen, Ph.D., ABPP 11176 Brandywine Lake 'Way Boynton Beach, FL 33473 Telephone: (561) 364 -5750 email: rjeohenphd @hotmail.com 85 of 221 Curriculum Vitae Barbara C. Pavlo, Psy.D. 3919 Poppyseed Place Calabasas, California 91302 Cell: (818) 523 -1818 E -mai:: Barbara.Pavlo(@vahoo.com LICENSURE & CERTIFICATONS Licensed Psychologist in State of California License PSY 17698 Marriage Family Therapist in State of California License MFC 28337 Teaching Credential, State of New York EDUCATION 1972 -1976 Brooklyn College Brooklyn, NY Bachelor of Arts in Education and Psychology 1986 -1988 Pepperdine University Los Angeles, CA [Vaster of Arts in Clinical Psychology 1993 -1996 Ryokan College Los Angeles, CA Doctor of Psychology CLINICAL AND TEACHING EXPERIENCE 2006- Present Police Psychologist Behavioral Science Services, Los Angeles Police Department Los AcgeIes, CA Duties include workg.oup consultation, leadership development and training, critical incident response, SWAT crisis negotiation team, and training in conjunction with the mental health evaluation unit, supervisory school, and the LAPD Police Academy. 2001 -2003 Examiner Board of Behavioral Science Examiners Sacramento, CA 2001 -2003 Clinical Therapist and Staff Trainer Corrections Corporation of America California City, CA. 86 of 221 Curriculum Vitae Barbara C. Pavlo, Psy.D. Page Two 2000 -2002 Instructor Phillips Graduate Institute Encino, CA 1988 - Present Psychotherapist Independent Practice West Hills, CA 1994 -1995 Community Liaison Pacific Shores of Westlake Westlake Village, CA OTHER WORK EXPERIENCE 2004 On -Air Psychotherapist for lead character in Fox Network reality series Todd TV Los Angeles, CA 1988 -1998 Director of Human Resources ChUnSearch, Inc. Chicago, IL 1977 -1987 Sales Manager American Hydron ContacL Lenses Woodbury, NY REFERENCES AVAILABLE UPON REQUEST 87 of 221 6. G CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Award the Bid with the Southeast Florida Governmental Purchasing Cooperative Group for Hydrofluosilicic Acid (fluoride) to Harcros Chemicals, Inc. as the lowest, most responsive and responsible bidder meeting all specifications. This chemical will be ordered on an "As Needed Basis ". The City's anticipated annual expenditure is $40,000.00. The City of Fort Lauderdale as lead agency complied with public bid requirements equal to or exceeding the City of Boynton Beach bid requirements. BID TERM: MARCH 1, 2014 To FEBRUARY 29, 2015 EXPLANATION OF REQUEST: On January 26, 2000, City Commission approved the addition of fluoride to the City's water supply as a safe and effective means of reducing dental cavities and tooth loss across all age groups. The City of Boynton Beach participated in the bid for Hydrofluosilicic Acid (fluoride) with the SE Florida Co -op Purchasing Group. The Fort Lauderdale City Commission approved an award to Harcros Chemicals, Inc. for the low bid price of $.25 per pound for full truck loads with one stop. Less than full truck loads, regardless of the number of stops is $.265 per pound. The Utilities Department's annual usage of this chemical is 200,000 lbs. This bid may be renewed for three (3) one -year terms. 88 of 221 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Lack of potable water fluoridation would have an adverse effect on the water consumer's dental hygiene. FISCAL IMPACT: The anticipated annual expense is expected to be $40,000. The City is currently paying $.295 per pound for the hydrofluosilicic acid by participating in the previous SE Florida Co -op bid. The new bid price will be $.25 per pound. Actual Expenditure for fluoride in FY 2012 -2013: $39,862.00 Actual Expenditure to date for FY 2013 -2014: $27,364.50 Funds have been budgeted in account number 401 - 2811 - 536- 52 -35. ALTERNATIVES: The City of Boynton Beach could issue its own bid, but would receive higher pricing due to smaller quantities of chemical usage. The Co -op receives favorable pricing due to greater purchasing power. 89 of 221 City of Fort Lauderdale Bid #432 -11261 Creation Date Jul 17, 2013 Start Date Aug 20, 2013 12:34:50 PM EDT Hydrofluosilicic Acid (Co -Op) End Date Sep 25, 2013 2:00:00 PM EDT Awarded Date Not Yet Awarded Bid 432 -11261 432-11261--01-01 Full Truck Loads, One Stop Supplier Unit Price Qty / Unit Total Price Attch. Does Harcros Chemicals First Offer - $0.25 2206667/ pound $551,666.75 Y Y Product Code: Agency Notes: Supplier Product Code: 26268 Supplier Notes: Pricing is based on 23% analysis Key Chemical, Inc. [Ad] IFirst Offer - $0.2685 2206667/ pound 1 $592,490.0895 1 Y Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Bid based on 23% strength, quantity will be adjusted due to strength 432-11261-01-02 Less than full truck loads, regardless of the number of stops. Supplier Supplier Unit Price Qty/ Unit I Total Price Attch. Does Harcros Chemicals Key Chemical, Inc. [Ad] First Offer - $0.265 2206667/ pound 1 $584,766.755 $80.00 Y Product Code: Agency Notes: Product Code: Agency Notes: Supplier Product Code: 26268 Supplier Notes: Pricing is based on 23% analysis Key Chemical, Inc. [Ad] First Offer - $0.372 2206667/ pound 1 $820,880.124 Y Y Product Code: Agency Notes: $7,500.00 Y Supplier Product Code: Supplier Notes: Bid based on 23% strength, quantity will be adjusted due to strength 432-11261-01-03 Demurrage Rate $1,143,933.505 (3/3 items) Bid Contact Carla Birdwell Supplier Unit Price Qty/ Unit Ph 813 - 247 -4531 Total Price Attch. Does Key Chemical, Inc. [Ad] First Offer - $0.80 100 / hour Pricing includes all delivery charges, except for demurrage. $80.00 Supplier Notes: Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Demurrage based on $80 /Hour after 2 hours free unloading Harcros Chemicals First Offer - $75.00 100 / hour $7,500.00 Y Product Code: Agency Notes: Waxhaw, NC 28173 Supplier Product Code: Supplier Notes: Demurrage Supplier Totals Harcros Chemicals $1,143,933.505 (3/3 items) Bid Contact Carla Birdwell Address 5132 Trenton Street cbirdwell @harcros.com Tampa, FL 33619 Ph 813 - 247 -4531 Fax 813- 247 -7917 Supplier Code 00000489 Bid Notes Pricing is based on 23% analysis. Pricing includes all delivery charges, except for demurrage. Agency Notes: Supplier Notes: Pricing is based on 23% analysis. Pricing includes all delivery charges, except for demurrage. Key Chemical, Inc. [ Ad] $1,413,450.2135 (3/3 items) Bid Contact Barbara L Luffman Address 9503 Dovewood Place bids@keychemicalinc.com Waxhaw, NC 28173 Ph 704- 843 -9873 Fax 704 - 973 -9281 Agency Notes: Supplier Notes: 9/2512013 12:42 PM BidSync P. 1 90 of 221 City of Fort Lauderdale CITY OF FORT LAUDERDALE SPECIFICATIONS PACKAGE 432 -11261 Hydrofluosilicic Acid (Co -Op) in Bob McKenney 954 - 828 -5139 11/612013 1:30 PM Bid 432 -11261 P. 1 91 of 221 City of Fort Lauderdale Bid 432 -11261 Hydrofluosilicic Acid (Co -Op) Bid Number 432-11261 Bid Title Hydrofluosilicic Acid (Co -Op) Bid Start Date Aug 20, 2013 12:34:50 PM EDT Bid End Date Sep 25, 2013 2:00:00 PM EDT Question &Answer End Date Sep 20, 2013 2:00:00 PM EDT Bid Contact Bob McKenney Procurement Specialist II Procurement 954- 828 -5139 RMcKenney @fortlauderdale.gov Contract Duration 1 year Contract Renewal 3 annual renewals Prices Good for 120 days Bid 432 -11261 Bid Comments The City of Fort Lauderdale, acting as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group, is actively seeking bids from qualified bidders, hereinafter referred to as the Contractor(s) to provide bulk deliveries of hydrofluosilicic acid to the Co -op in full accordance with the specifications.. terms, and conditions contained in this Invitation To Bid (ITS). For information concerning procedures for responding to this ITB, contact Procurement Specialist II Bob McKenney at 954.828.5139 or rmckenney @fortlauderdale.gov. Any questions that bidders wish to have addressed and which might require an addendum must be submitted through the Question and Answer format through the BidSync website. If required, written addendum will be issued by the City. As a clarification the Contractor is the company or person submitting the bid or RFP per the examples listed. Example 1: if John Doe submits a bid under the name of XYZ.. Inc. and uses XYZ s Federal Tax Number then XYZ, Inc. is the contractor. Example 2: if John Doe submits a bid under his own name and personal Social Security number, than John Doe is the contractor. Contractors must meet all requirements at the time of bid submittal. The questions and answers section of this bid or RFP in BidSync will become part of any contract that is created from this bid or RFP. The City of Fort Lauderdale uses BidSync (www.BidSyno.com) to distribute and receive bids and proposals. There is no charge to vendors /contractors to register and participate in this solicitation process, nor will any fees be charged to the awarded vendor. Refer to www.BidSync.com for further information. All bids should be submitted electronically through www.BidSync.com. Added on Sep 19,2013: Addendum #1 On Tuesday 09'17/13, the City Commission passed a local preference ordinance. If your firm qualifies for a local preference, fill out and include teh local preference form attached to this bid package. LOCAL BUSINESS PREFERENCE Section 2- 199.2, Code of Ordinances of the City of Fort Lauderdale, (Ordinance No. C- 12.04), provides for a local business preference. In order to be considered for a local business preference, a bidder must include the Local Business Preference Certification Statement of this ITB, as applicable to the local business preference class claimed at the time of bid submittal Upon formal request of the City, based on the application of a Local Business Preference the Bidder shall within ten (10) calendar days submit the following documentation to the Local Business Preference Class claimed: A) Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year business tax receipt, and 11/612013 1:30 PM p. 2 92 of 221 City of Fort Lauderdale Bid 432 -11261 B) List of the names of all employees of the bidder and evidence of employees' residence within the geographic bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current Florida driver license, residential utility bill (water, electric. telephone, cable television) or other type of similar documentation acceptable to the City. Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the local business preference. THE COMPLETE LOCAL BUSINESS PREFERENCE ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http: /www.fortlauderdale.gov /purchasing /index.htm Definitions: The term 'Business" shall mean a person, firm, corporation or other business entity which is duly licensed and authorized to engage in a particular work in the State of Florida. Business shall be broken down into four (4) types of classes: 1. Class A Business —shall mean any Business that has established and agrees to maintain a permanent place of business located in a non- residential zone and staffed with full -time employees within the limits of the City and shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50 %) who are residents of the City. 2. Class B Business - shall mean any Business that has established and agrees to maintain a permanent place of business located in a non - residential zone and staffed with full -time employees within the limits of the City or shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50 %) who are residents of the City. 3. Class C Business - shall mean any Business that has established and agrees to maintain a permanent place of business located in a non - residential zone and staffed with full -time employees within the limits of Broward County. 4. Class D Business — shall mean any Business that does not qualify as either a Class A, Class B, or Class C business. Changes made on Sep 19, 2013 11:33:19 AM EDT LOCAL PREFERENCE CERTI Fl CATI ON I TB 9 18 1 3.doc Item Response Form Item 432 -11261 - -01 -01 - Full Truck Loads, One Stop Quantity 2206667 pound Unit Price Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 2206667 Description Hydrofluosilicic acid, commercial strength, 23-25% pure by weight, meeting AWWA specifications B703 -11, or latest revision thereof. The hydrofluosilicic acid supplied under these specifications shall be clean and free of visible suspended matter and shall contain not more than 0.020 percent of the "heavy metals "; mercury, lead, bismuth, and copper, expressed as lead (Pb). And shall contain no soluble mineral or organic substances in quantities capable of a deleterious or injurious effect upon the health of those consuming water that has been treated properly with hydrofluosilicic acid. Hydrofluosilicic Acid is a direct additive to portable water and shall be certified in accordance with the requirements of NSF /ANSI 60. Item 432 -11 261 - -01 -02 - Less than full truck loads, regardless of the number of stops. Quantity 2206667 pound Unit Price Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 2206667 Description Hydrofluosilicic acid, commercial strength, 23-25% pure by weight, meeting AWWA specifications 8703 -11, or latest revision thereof. The hydrofluosilicic acid supplied under these specifications shall be clean and free of visible suspended matter and shall contain not more than 0.020 percent of the "heavy metals mercury, lead, bismuth, and copper, expressed as lead (Pi And shall contain no soluble mineral or organic substances in quantities capable of a 11/612013 1:30 PM p. 3 93 of 221 City of Fort Lauderdale deleterious or injurious effect upon the health of those consuming water that has been treated properly with hydrofluosilicic acid. Hydrofluosilicic Acid is a direct additive to portable water and shall be certified in accordance with the requirements of NSF /ANSI 60. Item 432 -11261 - -01 -03 - Demurrage Rate Quantity 100 hour Unit Price Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 100 Description Demurrage Rate Only charged after two hours at customer sight. 11/612013 1:30 PM Bid 432 -11261 p. 4 94 of 221 City of Fort Lauderdale SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE Bid 432 -11261 TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty -three (43) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency ". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract /purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi - annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" 11/612013 1:30 PM p. 5 95 of 221 City of Fort Lauderdale ITB # 432 -11261 TITLE: Hydrofluosilicic Acid PART I - INFORMATION SPECIAL CONDITIONS Bid 432 -11261 01. PURPOSE The City of Fort Lauderdale, acting as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group, is actively seeking bids from qualified bidders, hereinafter referred to as the Contractor(s) to provide bulk deliveries of hydrofluosilicic acid to the Co- op in full accordance with the specifications, terms, and conditions contained in this Invitation To Bid (ITB). 02. INFORMATION OR CLARIFICATION For information concerning procedures for responding to this solicitation, contact Procurement Specialist Bob McKenney at 954.828.5139 or email at rmckennev@fortlauderdale.aov Such contact shall be for clarification purposes only. For information concerning technical specifications please utilize the question / answer feature provided by BidSync at www.bidsvnc.com Questions of a material nature must be received prior to the cut -off date specified in the solicitation. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Contractors please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Contractor has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. It is the sole responsibility of the Contractor to ensure that their bid is submitted electronically through BidSync at www.bidsvnc.com or reaches the City of Fort Lauderdale City Hall, Procurement Services Division, 6 floor, Room 619, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301 in a sealed envelope marked on the outside with the ITB solicitation number and Contractor's name, no later than the time and date specified in this solicitation. 03. TRANSACTION FEES The City of Fort Lauderdale uses BidSync ( www.bidsvnc.com) to distribute and receive bids and proposals. There is no charge to vendors /contractors to register and participate in the solicitation process, nor will any fees be charged to the awarded contractor. 04. PRE -BID CONFERENCE AND /OR SITE VISIT There will not be a pre -bid conference or site visit for this Invitation to Bid. 05. ELIGIBILITY To be eligible for award of a contract in response to this solicitation, the Contractor must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Contractor must have no conflict of interest with regard to any other work performed by the Contractor for the City of Fort Lauderdale. 11/612013 1:30 PM 96 of 221 P. 6 City of Fort Lauderdale Bid 432 -11261 06. PRICING /DELIVERY Bidder will quote a firm, fixed cost per pound, FOB destination, freight included to the City of Fort Lauderdale, as well as the locations of all participating agencies referenced in paragraph 18. With the exception of fuel surcharges allowed under paragraph 17 below, price will include all transportation costs, other surcharges, and taxes. Delivery is required within five to seven calendar days after receipt of purchase order. Failure to meet this delivery date may be deemed as non - responsive. All deliveries are to be shipped F.O.B. Destination, Freight included. Failure to provide costs as requested in this ITB may deem your bid non - responsive. 07. BID DOCUMENTS The Contractor shall examine this bid carefully. Ignorance of the requirements will not relieve the Contractor from liability and obligation under the Contract. 08. AWARD Award will be made to the responsive and responsible bidder, quoting the lowest price, for that product /service that will best serve the needs of the City of Fort Lauderdale. The City reserves the right to waive minor variations in the specifications and in the bidding process. The City further reserves the right to accept or reject any and /or all bids and to award or not award a contract based on this bid solicitation. 09. PRICE VALIDITY Prices provided in this Invitation to bid (ITB) are valid for 120 days from time of ITB opening. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products /services have been awarded. 10. GENERAL CONDITIONS General Conditions Form G -107 Rev. 07/13 (GC) are included and made a part of this ITB. 11. NEWS RELEASES /PUBLICITY News releases, publicity releases, or advertisements relating to this contract or the tasks or projects associated with the project shall not be made without prior City approval. 12. CONTRACTORS' COSTS The City shall not be liable for any costs incurred by proposers in responding to this solicitation. 13. RULES AND SUBMITTALS OF BIDS The signer of the bid must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder. 14. APPROVED EQUAL OR ALTERNATIVE PRODUCT PROPOSALS The Technical Specifications contained in this solicitation are to be used as a reference only and are not to be considered of a proprietary nature. These specifications represent a level of 11/612013 1:30 PM p. 7 97 of 221 City of Fort Lauderdale Bid 432 -11261 quality and features that are desired by the City of Fort Lauderdale. The City is receptive to any product that would be considered by qualified City personnel as an approved equal. The Contractor must state clearly in their bid pages any variance to the specifications. If proposing an approved equal or alternate product, it will be the Contractor's responsibility to provide adequate information in their proposal to enable the City to ensure that the Contractor meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City of Fort Lauderdale will be the sole judge in determining if the product proposed qualifies as approved equal. The City reserves the right to award to that Contractor which will best serve the interest of the City as determined by the City. The City further reserves the right to waive minor variations to specifications and in the bidding process. 15. CONTRACT PERIOD The initial contract term shall commence upon date of award by the City or February 28, 2014, whichever is later, and shall expire one year from that date. The City reserves the right to extend the contract for three, additional one year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 16. COST ADJUSTMENTS Prices quoted shall be firm for the initial contract term of one year. No cost increases shall be accepted in this initial contract term. Please consider this when providing your pricing for this request for proposal. Thereafter, any extensions which may be approved by the City shall be subject to the following: Costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Dep't. of Labor, and shall not exceed five percent (5 %). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one -year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. 11/612013 1:30 PM P. 8 98 of 221 City of Fort Lauderdale Bid 432 -11261 17. FUEL SURCHARGE In consideration of fluctuations in diesel fuel prices, the City will allow fuel surcharges during the term of the contract. The surcharge rate will be based on the following chart and the Retail On- Highway Diesel Price - Lower Atlantic as published by the U.S. Department of Energy's Energy Information Administration for the first Monday in the quarter designated. ( http: / /www.eia.gov /petroleum /ciasdiesel / ) The rate will be applied to the current base contract prices then in effect. No surcharge will be applied on top of another one. The City may accept surcharge adjustments no more than once a quarter beginning with the second quarter of the contract. The first quarter will begin on the first Monday of the month following award of the contract and no surcharge shall be allowed for this quarter. The second quarter shall begin on the first Monday of the month approximately 90 days later and the appropriate surcharge will then be applied. Fuel Surcharge Table Prices /Gallon At Least But Less Than % Surcharge $4.50 0.0% $4.50 $4.55 0.5% $4.55 $4.60 1.0% $4.60 $4.65 1.5% $4.65 $4.70 2.0% $4.70 $4.75 2.5% $4.75 $4.80 3.0% $4.80 $4.85 3.5% $4.85 $4.90 4.0% For each $0.05/ al. increase thereafter add 0.5 % 18. PARTICIPATING AGENCIES The agencies participating in this bid, respective delivery locations, and estimated annual usage information is as follows. Each agency may have specific special requirements in regard to method of delivery and delivery schedule. It will be the responsibility of the individual agency to coordinate those requirements with any subsequent contractor. A. City of Hollywood Facility Name: Water Treatment Plant 3441 Hollywood Blvd. Hollywood, FL 33021 Contact: Taylor Calhoun 954.967.4230 X8601 Alternate Contact: Carlos Aguilera 954.967.4230 TOTAL: 300,000 lbs. B. City of Fort Lauderdale Facility Name: Fiveash Water Treatment Plant 949 N.W. 38" Street Fort Lauderdale, FL 33309 11/612013 1:30 PM P. 9 99 of 221 City of Fort Lauderdale Contact: Rick Johnson 954.828.7865 City of Fort Lauderdale Facility Name: Peele -Dixie Water Treatment Plant 1500 S. State Road 7 Fort Lauderdale, FL 33317 Contact: Rick Johnson 954.828.7865 Bid 432 -11261 TOTAL: 565,000 lbs. — Tanks equipped with 3" fill hose connections. Contractor must bring his own air supply to facilitate delivery. Plants are not equipped with air padding compressors. C. City of Boynton Beach Facility Name: East Water Treatment Plant 1620 South Seacrest Boulevard Boynton Beach, FL 33435 Contact: Melvin Pinkney or Alan Brock 561.742.6444 Facility Name: West Water Treatment Plant 5469 West Boynton Beach Boulevard Boynton Beach, FL 33437 Contact: Leon Liberus or Terry Daeumler 561.742.6950 TOTAL: 200,000 lbs. D. Broward County Facility Name: District One (110,000 lbs.) 3701 North State Road 7 Lauderdale Lakes, FL 33319 Contact: Bill Kay 954.831.4108 Anne Birch 954.831.4109 Willie Ruffin 954.831.4128 Broward County Facility Name: District Two (180,000 lbs.) 1390 NE 50 Street Pompano Beach, FL 33064 Contact: Michael Williams 954.831.4117 Kenny St. Amand 954.831.4121 TOTAL: 290,000 lbs. City of Plantation Facility Name: Water Treatment Plant (Central Plant) 400 NW 73 Ave. Plantation, FL 33317 Contact: Victor Pedlar 954.452.2544 City of Plantation Facility Name: Water Treatment Plant (East Plant) 500 NW 65 Ave. 11/612013 1:30 PM P. 10 100 of 221 City of Fort Lauderdale Plantation, FL 33317 Contact: Victor Pedlar 954.452.2544 TOTAL: 160,087 lbs. F. City of Sunrise Facility Name: Springtree Utility Complex 4350 Springtree Drive (Maximum storage is 25,000 Ibs.) Sunrise, FL 33351 Contact: Howard Erlick 954.572.2424 City of Sunrise Facility Name: Sawgrass Water Membrane Plant 777 Sawgrass Corporate Parkway (Maximum storage is 25,000 Ibs.) Sunrise, FL 33325 Contact: Doug Kerwin 954.888.6045 City of Sunrise Facility Name: Southwest Utilities 15400 Watermill Road (Maximum storage is 5,000 lbs.) Sunrise, FL 33331 Contact: Dan Buchta 954.434.6900 TOTAL: 194,400 lbs. G. Village of Wellington Facility Name: Water Treatment Facility 1100 Wellington Trace Wellington, FL 33414 Contact: Karla Berroteran 561.753.2465 — Cell 561.317.6613 Thomas Schutz 561.791.4037 TOTAL: 60,000 lbs. H. City of Pompano Beach Facility Name: Water Treatment Plant 1205 NE 5 th Avenue Pompano Beach, FL 33060 Contact: James Clark 954.545.7045 TOTAL: 225,000 lbs. (We do not have a "rota gauge" as described under section 2.07. We take a level reading from bulk tank to determine the volume.) I. City of Miramar Facility Name: East Water Plant 2600 S.W. 66 Terrace Miramar, FL 33023 Contact: Mike McHugh or Joseph Stephens 954.967.1671 Facility Name: West Water Plant 4100 S. Flamingo Road 11/612013 1:30 PM Bid 432 -11261 P. 11 101 of 221 City of Fort Lauderdale Miramar, FL 33027 Contact: Keith Clark or Brian Farrell 954.438.1228 TOTAL: 212,180 lbs. Bid 432 -11261 19. SERVICE TEST PERIOD If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor (if applicable). 20. INVOICES /PAYMENT Payment terms will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. 21. RELATED EXPENSES /TRAVEL EXPENSES All costs including travel are to be included in your proposal. The City will not accept any additional costs. 22. INSURANCE The Contractor shall furnish proof of insurance requirements as indicated below. The coverage is to remain in force at all times during the contract period. The following minimum insurance coverage is required. The City is to be added as an "additional insured" with relation to General Liability Insurance. This MUST be written in the description section of the insurance certificate, even if you have a check -off box on your insurance certificate. Any costs for adding the City as "additional insured" will be at the contractor's expense. The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or modification of any stipulated insurance. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Procurement Services Division. The Contractor's insurance must be provided by an A.M. Best's "A -" rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the contractor that precludes coverage for work contemplated in this ITB shall be deemed unacceptable, and shall be considered breach of contract. Workers' Compensation and Employers' Liability Insurance 11/612013 1:30 PM p. 12 102 of 221 City of Fort Lauderdale Limits: Workers' Compensation — Per Florida Statute 440 Employers' Liability - $500,000 Bid 432 -11261 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Statute. For additional information contact the Department of Financial Services, Workers' Compensation Division at (850) 413 -1601 or on the web at www.fldfs.com Commercial General Liability Insurance Covering premises- operations, products - completed operations, independent contractors and contractual liability. Limits: Combined single limit bodily injury /property damage $1,000,000. This coverage must include, but not limited to: a. Coverage for the liability assumed by the contractor under the indemnity provision of the contract. b. Coverage for Premises /Operations c. Products /Completed Operations d. Broad Form Contractual Liability e. Independent Contractors f. Sudden and Accidental Pollution - $1,000,000. Automobile Liability Insurance Covering all owned, hired and non -owned automobile equipment. Limits: Bodily injury $250,000 each person $500,000 each occurrence Property damage $100,000 each occurrence A copy of ANY current Certificate of Insurance should be included with your proposal. In the event that you are the successful bidder, you will be required to provide a certificate naming the City as an "additional insured" for General Liability. Certificate holder should be addressed as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue, Room 619 Fort Lauderdale, FL 33301 23. UNCONTROLLABLE CIRCUMSTANCES ( "Force Majeure ") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of 11/612013 1:30 PM p. 13 103 of 221 City of Fort Lauderdale Bid 432 -11261 transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 24. PUBLIC ENTITY CRIMES NOTE: Contractor, by submitting a proposal attests she /he /it has not been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 25. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and /or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 26. CANADIAN COMPANIES The City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada, of a judgment entered by a court in the United States of America. All monetary amounts set forth in this Contract are in United States dollars. 27. LOBBYING ACTIVITIES ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C -00 -27 & Resolution No. 07 -101, Lobbying Activities. Copies of Ordinance No. C -00 -27 and Resolution No. 07 -101 11/612013 1:30 PM p. 14 104 of 221 City of Fort Lauderdale Bid 432 -11261 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's website at http: / /www.fortlauderdale.gov/ clerk/ LobbyistDocs /lobbyistordl009.pdf . 28. BID TABULATIONS /INTENT TO AWARD Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process, requiring City Commission action, may be found at: http: / /www.fortlauderdale.gov /purchasing /notices of intent.htm . Tabulations of receipt of those parties responding to a formal solicitation may be found at: http: / /www.fortlauderdale.gov /purchasing /bidresu Its. htm , or any interested party may call the Procurement Services Division at 954 - 828 -5933. 11/612013 1:30 PM p. 15 105 of 221 City of Fort Lauderdale PART II - TECHNICAL SPECIFICATIONS /SCOPE OF SERVICES Bid 432 -11261 2.01 GENERAL INFORMATION /INTENT Contractor is to supply hydrofluosilicic acid, commercial strength, 23 -25% pure by weight, meeting AWWA specifications B703 -11, or latest revision thereof. The hydrofluosilicic acid supplied under these specifications shall be clean and free of visible suspended matter and shall contain not more than 0.020 percent of the "heavy metals "; mercury, lead, bismuth, and copper, expressed as lead (Pb). And shall contain no soluble mineral or organic substances in quantities capable of a deleterious or injurious effect upon the health of those consuming water that has been treated properly with hydrofluosilicic acid. Hydrofluosilicic Acid is a direct additive to portable water and shall be certified in accordance with the requirements of NSF /ANSI 60. 2.02 CONTAINERS Packing, shipping and shipping containers of all hydrofluosilicic acid solutions shall conform to the current Interstate Commerce Commission and applicable intrastate regulations. Bidder shall be responsible for unloading hydrofluosilicic acid into city storage vessels. The bidder shall furnish all equipment required for such transfer, including compressed air. 2.03 DELIVERY AND SAFETY MEASURES A. A capable driver trained in the proper handling of hydrofluosilicic acid and the use and operation of equipment utilized in the transfer of acid from the bidder's vehicle to city storage containers will handle delivery. B. Each tank truck shipment shall be provided with clear identification of the material and a warning of potential danger in handling. The information on the bill of lading shall include name of the product, the net weight, the percentage of acid, the name and address of the manufacturer, the lot number and the brand name, if any, and shall bear such markings as are required by applicable laws. Warning should include suggestions for rinsing away immediately all acid coming in contact with the skin and the thorough dilution of acid accidentally spilled. C. The Bill of Lading shall also include the statement "This material meets requirements of B703 -11 AWWA Standard for Hydrofluosilicic Acid." D. In compliance with Chapter 442, Florida Statutes, a Material Safety Data Sheet (MSDS) must accompany any item delivered under a contract resulting from this bid. 2.04 CERTIFIED ANALYSIS The awarded vendor will furnish a certified copy of an assay test performed on hydrofluosilicic acid that will be supplied for the contract term. If material does not meet the chemical or physical requirement of this standard, notice shall be given to the vendor within 30 days after receipt of the chemical. In this event the vendor shall remove the product from the premises and replace it with a like amount of satisfactory material or make a price adjustment acceptable to the City. 11/612013 1:30 PM P. 16 106 of 221 City of Fort Lauderdale Bid 432 -11261 2.05 METHOD OF DELIVERY Shipments to the City of Fort Lauderdale will be made in increments of 40,000 to 50,000 pounds and will be made upon telephone request as required or on a keep full basis if elected by the vendor. However, other agencies in the co -op may order in lesser amounts. If the Peele /Dixie storage tanks can not accommodate a full delivery, the balance of the order will be drop shipped to an alternate storage facility within the Fiveash Water Treatment Plant at no additional cost to the City except applicable demurrage charges, if any. Similar situations may occur at other participating agencies. The delivery containers shall have been cleaned immediately prior to filling and shall be protected against the introduction of impurities during the filling and delivery processes. Periodically, the City may run tests to ascertain compliance with set criterion for purity and any delivery with contaminants will be rejected. 2.06 DELIVERY SCHEDULE Delivery will be made within 5 -7 days after notification. Normal delivery supply by tank truck will be made between the hours of 7:30 AM and 3:00 PM, Monday through Friday. Emergency orders will be filled upon specific request. If the supplier is unable to meet delivery requirements, the City reserves the right to purchase hydrofluosilicic acid on the open market until such time as the supplier can meet the requirements. Any additional costs incurred to the City will be assessed to the supplier unless failure to supply is caused by Force Majeure. 2.07 WEIGHT CERTIFICATE Upon delivery, the quantity of material delivered is to be verified with the City's tank rota gauge reading having automatic shut off when full, and is further verifiable with a volume level gauge reading. Weight certificates may or may not be required. If there is any discrepancy in weight certificates and gauge readings, the rota gauge reading will govern. 2.08 TESTING The City of Fort Lauderdale reserves the right during the contract period to determine if the product supplied meets applicable specifications. Additionally, the facilities of the Florida State Department of Agriculture Testing Laboratories may be used for any referee testing. Failure to meet specifications will result in prevailing testing rate costs to be borne by the supplier. 2.09. ACCEPTANCE UPON DELIVERY By terms of any subsequent agreement, any delivery of hydrofluosilicic acid delivered at less than minimum concentrations as agreed upon herein, where elected by the City, can be retained by the City with price adjusted accordingly to compensate for the concentration differential. No compensation will be made to the supplier for shipments above the concentration level specified. The City further reserves the right to return any shipment where the strength of the product and its application is questionable to our feed system. Any rejected material will be returned at full expense to the supplier. 2.10. INVOICING Upon each shipment on a delivered basis, freight prepaid, reflecting purchase order number, ordering department, quantity delivered per verified gauge readings, unit price, 11/612013 1:30 PM p. 17 107 of 221 City of Fort Lauderdale Bid 432 -11261 extensions, total sum billed, and any allowable cash discounts. Where freight rate is subject to adjustment, invoice is to indicate freight rate in effect at time of shipment. 2.11. SAFETY SEMINARS If requested by the City, the Contractor will be required to give a minimum of two on -site training presentations per year. These presentations will cover all material safety data information, safe handling procedures and proper usage of the particular chemical in the work environment as prescribed by the controlling regulatory agency for the industry. 11/612013 1:30 PM P. 18 108 of 221 City of Fort Lauderdale CITY OF FORT LAUDERDALE GENERAL CONDITIONS Bid 432 -11261 These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB) Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. PART I BIDDER PROPOSAL PAGE(S) CONDITIONS 1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service, BidSync. Notices of Invitations to Bid (ITB'S) are sent by e -mail to the selection of bidders who have fully registered with BidSync or faxed (if applicable) to every vendor on those lists, who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different address, please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared, by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time, indicated in this ITB, may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WEE), and Small Business Enterprises (SBE) in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise (MBE) "A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. 11/612013 1:30 PM P. 19 109 of 221 City of Fort Lauderdale Bid 432 -11261 The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. Women Business Enterprise (WBE) a "Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females. Small Business Enterprise (SBE) "Small Business" means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts. BLACK, which includes persons having origins in any of the Black racial groups of Africa. WHITE, which includes persons whose origins are Anglo -Saxon and Europeans and persons of Indo- European decent including Pakistani and East Indian. HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race. NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians. ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women -owned (WEE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer is considered for award, he or she will be asked to meet with City staff so that the intended MBE /WBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES This Section applies to any contract for goods or services of $1 million or more The Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate this Contract at the City s option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135. Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. Part II DEFINITIONSIORDER OF PRECEDENCE 2.01 BIDDING DEFINITIONS The City will use the following definitions in it's general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS (RFP) when the City is requesting proposals from qualified Proposers. BID — a price and terms quote received in response to an ITB. PROPOSAL —a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER — A person who has the capability in all respects to perform in full the contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. CONTRACT — A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. CONSULTANT — Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and /or RFP; Bid or Proposal; Bidder, Proposer, or Seller; Contractor or Consultant; Contract, Award, Agreement or Purchase Order. 11/6/20131:30 PM p. 20 110 of 221 City of Fort Lauderdale Bid 432 -11261 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims). unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59. 6000319, and State Sales tax exemption number is 85.8013875578C -1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB, for questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cast of supplies, labor intensity, energy usage, environmental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 11/612013 1:30 PM p. 21 111 of 221 City of Fort Lauderdale Bid 432 -11261 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONSIINSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities /services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashiers check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDSITRADE SECRETSICOPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ( "Public Records Law "). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer 's response to the RFP purporting to require confidentiality of any portion of the Proposers response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ( "Public Records Laws "), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer 's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference: the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, 10 award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 11/612013 1:30 PM p. 22 112 of 221 City of Fort Lauderdale Bid 432 -11261 3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE DIRECTOR OF PROCUREMENT SERVICES DIVISION (DIRECTOR), BY DELIVERING A LETTER OF PROTEST TO THE DIRECTOR WITHIN FIVE (5) DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http: / /www.fortlauderdale.gov/ purchasing /notices_ of_intent.htm THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/purchasing/protestordinance.pdf PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis. renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS 5.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES /PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidders name being removed from the City s bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F -41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City 11/6/20131:30 PM p. 23 113 of 221 City of Fort Lauderdale Bid 432 -11261 representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers.. employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect, defend, indemnify, and hold harmless the City of Fort Lauderdale and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, claims, costs, charges for other expenses, or liabilities of every and any kind including attorneys fees, in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations of any applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If, through any cause.. the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default.. and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.12 RECORDS /AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or designee, during normal business hours and in Broward, Miami -Dade or Palm Beach Counties, all books of account, reports and records relating to this contract should be retained for the duration of the contract and for three years after the final payment under this Agreement, or until all pending audits, investigations or litigation matters relating to the contract are closed, whichever is later. 5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense. obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.14 LAWWORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. 5.15 NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted under this contract. 5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non-adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section 11/612013 1:30 PM p. 24 114 of 221 City of Fort Lauderdale Bid 432 -11261 of the contract to relieve themselves of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.17 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. 5.18 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un- patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design. device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. 5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 5.21 LOCATION OF UNDERGROUND FACILITIES: If the Contractor, for the purpose of responding to this solicitation, requests the location of underground facilities through the Sunshine State One -Call of Florida. Inc. notification system or through any person or entity providing a facility locating service, and underground facilities are marked with paint, stakes or other markings within the City pursuant to such a request, then the Contractor, shall be deemed non - responsive to this solicitation in accordance with Section 2.184 (5) of the City of Fort Lauderdale Code of Ordinances. 5.22 PUBLIC AGENCY CONTRACTS FOR SERVICES: if applicable, for each public agency contract for services, Contractor is required to comply with F.S. 119.0701, which includes the following: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency, 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 public agency in a format that is compatible with the information technology systems of the public agency. 11/612013 1:30 PM p. 25 115 of 221 City of Fort Lauderdale NON - COLLUSION STATEMENT: Bid 432 -11261 By signing this offer, the vendor /contractor certifies that this offer is made independently and free from collusion Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. accoraance wan city or ror[ Lauaeraaie, rL roiicy ana alanaaras imanuai, o. i u.u.a, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. 11/612013 1:30 PM p. 26 116 of 221 City of Fort Lauderdale GENERAL QUESTIONNAIRE BIDDER NAME: Complete the following: Bid 432 -11261 Number of years experience the bidder has had in providing similar services: I Years 2. Manufacturer of Hydrofluosilicic Acid: 3. Location of manufacturer's works: 4. The typical percentage of acid is i %. 5. Will weight certificate be provided? YES I NO 6. Is a certified copy of the assay test of typical hydrofluosilicic acid supplied attached hereto? YES I NO 7. Does acid comply with all applicable requirements of AWWA B703 -71 (or latest revision)? YES NO 8. Some of the agencies participating in this bid do not own their own tanks. Please state lease arrangements for agencies which require that service: 9. What is your maximum free unloading time? hours 10. Delivery: Number of calendar days required for delivery upon receipt of order: days. 11. Note any exceptions to the safety measures mentioned in paragraph 2.03 of the Scope of Services: 12. Provide three references for which you have performed similar services. Company Name: Address: Contact Name: Telephone: 11/612013 1:30 PM p. 27 117 of 221 City of Fort Lauderdale Company Name: Address: Contact Name: Telephone: Company Name: Address: Contact Name: Telephone: 13. Have you ever failed to complete work awarded to you? If so, where and why? 14. List any licenses /permits, etc. you hold for performing this type of work: 15. Other comments? Bid 432 -11261 The proposer understands that the information contained in these proposal pages is to be relied upon by the City in awarding the proposed contract, and such information is warranted by the proposer to be true. The proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City. Please review the questionnaire to make sure all questions have been answered. Attach additional sheets if necessary. Failure to answer each question could result in the disqualification of your bid. 11/612013 1:30 PM p. 28 118 of 221 City of Fort Lauderdale BID /PROPOSAL SIGNATURE PAGE Bid 432 -11261 How to submit bids /proposals: It is preferred that bids /proposals be submitted electronically at www.bidsync.com, unless otherwise stated in the bid packet. If mailing a hard copy, it will be the sole responsibility of the Bidder to ensure that the bid reaches the City of Fort Lauderdale, City Hall, Procurement Services Division, Suite 619, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, prior to the bid opening date and time listed. Bids /proposals submitted by fax or email will NOT be accepted. The below signed hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the CITY and such acceptance covers all terms, conditions, and specifications of this bid /proposal. Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. Submitted by: (Authorized signature) (date) Name (printed) I Title: Company: (Legal Registration) CONTRACTOR, IF FOREIGN CORPORATION, MAY BE REQUIRED TO OBTAIN A CERTIFICATE OF AUTHORITY FROM THE DEPARTMENT OF STATE, IN ACCORDANCE WITH FLORIDA STATUTE 6607.1501 (visit http: / /www.dos.state.fl.us/ ). Address: City: i State: Zip: T e l e p h o n e N o F A X N o Email: Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): Payment Terms (section 1.04): Total Bid Discount (section 1.05): Does your firm qualify for MBE or WBE status (section 1.09): MBE WBE ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued ri P- CARDS: Will your firm accept the City's Credit Card as payment for goods /services? YES NO VARIANCES State any variations to specifications, terms and conditions in the space provided below or reference in 11/612013 1:30 PM p. 29 119 of 221 City of Fort Lauderdale Bid 432 -11261 the space provided below all variances contained on other pages of bid, attachments or bid pages. No variations or exceptions by the Proposer will be deemed to be part of the bid submitted unless such variation or exception is listed and contained within the bid documents and referenced in the space provided below. If no statement is contained in the below space, it is hereby implied that your bid /proposal complies with the full scope of this solicitation. HAVE YOU STATED ANY VARIANCES OR EXCEPTIONS BELOW? BIDDER MUST CLICK THE EXCEPTION LINK IF ANY VARIATION OR EXCEPTION IS TAKEN TO THE SPECIFICATIONS, TERMS AND CONDITIONS. If this section does not apply to your bid, simply mark N/A in the section below. Variances: revised 11 -29 -11 11/612013 1:30 PM p. 30 120 of 221 City of Fort Lauderdale ITB NO. TITLE: LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT Bid 432 -11261 The Business identified below certifies that it qualifies for the local BUSINESS preference classification as indicated herein, and further certifies and agrees that it will re- affirm it's local preference classification annually no later than thirty (30) calendar days prior to the anniversary of the date of a contract awarded pursuant to this ITB. Violation of the foregoing provision may result in contract termination. (1) Business Name ( Business Name is a Class A Business as defined in City of Fort Lauderdale Ordinance No. C- 12 -04, Sec.2- 199.2. A copy of the City of Fort Lauderdale current year Business Tax Receipt and a complete list of full -time employees and their addresses shall be provided within 10 calendar days of a formal request by the City. is a Class B Business as defined in the City of Fort Lauderdale Ordinance No. C- 12 -04, Sec.2- 199.2. A copy of the Business Tax Receipt or a complete list of full -time employees and their addresses shall be provided within 10 calendar days of a formal request by the City. is a Class C Business as defined in the City of Fort Lauderdale Ordinance No. C- 12 -04, Sec.2- 199.2. A copy of the Broward County Business Tax Receipt shall be provided (3) within 10 calendar days of a formal request by the City. Business Name requests a Conditional Class A classification as defined in the City of Fort Lauderdale (4) Ordinance No. C- 12 -04, Sec.2- 199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City. Business Name (5) Business Name requests a Conditional Class B classification as defined in the City of Fort Lauderdale Ordinance No. C- 12 -04, Sec.2- 199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City. is considered a Class D Business as defined in the City of Fort Lauderdale Ordinance No. C- 12 -04, Sec.2- 199.2. and does not qualify for Local Preference consideration. (6) (Notary not required for Class "D ") Business Name BIDDER'S COMPANY: AUTHORIZED COMPANY PERSON: September 18, 2013 11/612013 1:30 PM NAME SIGNATURE DATE p. 31 121 of 221 City of Fort Lauderdale Question and Answers for Bid #432 -11261 - Hydrofluosilicic Acid (Co -Op) Bid 432 -11261 Question 1 Would you be able to provide the name of your current supplier and the price you're currently paying for this contract? (Submitted: Aug 21, 2013 3:51:36 PM EDT) Answer - Harcros Chemicals, Inc. Full Truck, One Stop $0.27 lb. Less than full truck $0.285 lb. (Answered: Aug 21, 2013 3:56:12 PM EDT) 11/612013 1:30 PM p. 32 122 of 221 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable gray boxes and submit with bid documents and applicable award notices and tabulations to lninerna myboca.us for placement on the hIIGP SE FL Florida Website Coop Contract page. BID/RFP NO.: 432 -11261 DESCRIPTIONITITLE: Hydrofluosilicic Acid INITIAL CONTRACT TERM: Starts: 03/01114 Ends: 02/28/15 RENEWAL TERMS OF CONTRACT: 3 RENEWAL OPTIONS FOR one year each (Number of renewals) (period of time) �;rn. ray :::;vr:�br�'e•titimrx�'�r�'m - - - - .... .®;.. �:: v.. �v: . �.. nnt�: a: riw:: ernxet3via�ma�r�ttirrrr�ti�rrcrr 13x 11141 IF;fie /4I!bie]:7a \riL1: Vendor Name: Harcros Chemicals, Inc. Vendor Address: 5132 Trenton Street Tampa, FL 33619 Contact: Gary Delk Phone: 813.247.4531 Fax: 813.247.7917 CelliPager: Email Address: floridabids @harcros.com Website: 1 FEIN: 431936062 *4&1mmwn SECTION 92 — AWARD /BACKGROUND INFORMATION Award Date: 11105113 Resolution /Agenda Item No.: PUR -1, 13 -1380 Insurance Required: Yes Performance Bond Required: No ratiee, w�swwrrwx�: mywr•:: rmarrnra�raxrr�Hwmn• �t+ nw. nrr��w. tm. �.mmw�smra:�u�a:�r °rt.r::r.: . - _ rrm SECTION #3 - LEAD AGENCY Agency Name: City of Fort Lauderdale Agency Address: 100 N. Andrews Avenue, Room 619 Fort Lauderdale, FL 33301 Agency Contact: Bob McKenney Telephone: 954.828.5139 Facsimile: 954.828.5576 Email: rmckenney @fortlauderdale.gov 1 123 of 221 City of Fart Lauderdale Bid 432 -11261 Bid #432- 11261 - Hydrofluosilicic Acid (Co -Up) Less stops. Product code; Supplier Product Code: Agency Notes: Supplier Notes: Bid based on 23% strength, quantity will be adjusted due to strength 9/25/2013 12:31 PM BidSync p. 2 124 of 221 Creation pate Jul 17, 2013 End pate Sep 25, 2013 2:00:00 RM EDT Start Date Aug 20, 2013 12:34:50 PM EDT Awarded Date Not Yet Awarded City of Fort Lauderdale Bid 432 -11261 Supplier Total $1,143,933.505 9125/2013 12:31 PM BidSync P, 3 125 of 221 rlot s [riclr� it d 0 al prii2�a,tldY� 1�r�crnN��LII !V�01� X��R're��.,., . 432-11261- -D1 -02 Less than Supplier First Offer - $0.265 2206667 / pound $584,766,955 Y full truck Product loads, Code: 26268 regardless Supplier of the Mutes: Pricing is number of based on 23% stops. analysis - Coy of Fart Lauderdale Bid 432 -112$1 Item: Full Truck Load &. one Stop fsa coo 091012,pdf 9/25/2013 12:31 PM BidSync p. 4 126 of 221 3 City of Fort Lauderdale Bid 432-11261 A� L� CERTIFICATE OF LIABILITY INSURANCE _r 0/02/2012 1 DDl 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ASTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may raqufre an endorsement. A statement on this certific aes not confer rights to the certificate holder in lieu of such endorsement {s). PRODUCER CA #0$54724 - 1- 913 -982 -3550 cON -- NAME: INA, Inc. (NE Kansas Division) PHONE F n; 51 Corporate Woods ADDRESS; 9393 W. 110th Strast, Suite 600 Overland Park, KS 66210 INSURERS AFFORDIN NAIC# INSURERA: CNARTIS SPACIALTY IN 26883 INSURED - INSURERS: ZURICH AMER INS CO 16535 K"crca Chemicals, Inc. INSURER C: _ 5200 speaker Road INS URERD: _ Kansas City, ICS 6$106 -1048 _ INSURERE: _ :OVERAGES CERTIFICATE NUMBER: 29453288 RFAWN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T NSURE ED ABOVE FOR TFiF P01.9CY PERIOD ENDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 01- ANY CONTRACT E MENT 'A'ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE IN THE POLICIES D - _ IIILf:EIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES. LlhnlTS EDUCED BY PAID C I ADDLaUBR -. -TR TYPE OF INSURANCE - QLfCYEFF WDDfYYYY POLCY " MMfDD LIMITS -- A GEN €RAL LIA @ILITY E0115 10 /O1 /1 1011)1/13 H OCCURRE EACH i$ 1,0 00,000 - - COMMERCIAL GENERAL LIABELITY DA RENTED. 300,000 PREMIS 9fts occurrcn,z 5 CLAI W -MADE L.J OCCUR MFD EXP(Any one person) $ 25,000 PERSONAL &APV INJURY $ 1,000,000 G ENERAL AGGREGATE $2,000,000 $ 2 1 000 1 000 GEN'LAGGREGATE LIMIT APPUES PER: _ PRODUCTS - COMPIOPAGG _ POLICY PRO- X LOC S B AUTONLQ131LE LIABILITY B 3 11 10 O1 12 10/0113 COMBI SINGLE LIMIT (E.-I de 1,000,000 [Ee accint) K ANY AUTO _ BODILY INJURY (P. peson) ALL ON NFD SOHEUULE 4 BODILY INjuRY (r& eeidsn0 $ AUTOS AUTOS NON-OWNED 'PROPEF2,TV VAMAGE E $ HIRED AUTOS A'.1TOS Pere - eri - _ A UMBRELLA UAB A OCCUR GUi23 55 10 /D1 /1 10/01113 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 K EXCESS LIAR CLAIMSiv1ADE DED wkwiloN S $ - B WORKERS COM WC5833 32fi00 10/01/1 10/01/13 X W"STATU- OTd - AN I YERS' I B - ANY PR PPRI�PR Ew�.. YIN PIC930129211 10/01/1 10/61/13 _LIMIT 1,000 E.L EACH ACCID =_NT _ $ ,000 UFFICER/01EPABtH E UED? (Mandatory in NH) rn E.L. DISEASE - EA EMPLOYE -. $ 1, 0 DO , 00 0 N yes, desc be Under EL. DISEASE - POLICY -- IMIT;51.000, 000 DESCRIPTION OF CPE: A Poll.ticn Legal it ty B011525470 1070171 10/01/13 Per Claim Limit 1 A Additional Poll. Legal EG11525470 10/01/7. 10/01/13 Additional Limit 1,000,000 - ility (Per Oe nee) DESCRIL-TIONOPDPERATLO%BfLOCK71GNSIVEHICLrS (Attach AGORD101,Addittonel Remarlu Schedule, Umareepaceie mqulred) ** CERTIFICATE * * * " *w *FOR I NATION PURPOSES ONLY ** — CERTIFICATE HOLDER Rarcros Chemicals, Inc. 5200 Speaker Rd. Kansas City, KS 66106 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. USA 'r — ©198a -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks Qf ACORD 1914wPE3'It fRi PM BidBync 29453288 P. 5 127 of 221 September 10, 2012 Product Compliance Certification City of Fort Lauderdale M ON Mosaic Crop Nutrition, LLC 13630 Circa Crossing Drive Lithie, FL 33547 We certify that the Fluorosilicic Acid supplied by Mosaic Co. will meet the specifications of the AWWA Standard 870311 and further that it has been certified by NSF to meet the NSF/ANSI Standard 60 for treatment of potable water and has been produced within the continental limits of the United States, Bid 432.11261 Art M. Esp' osa, rida Qu ty Controf Lab Manager 91251201312:31 PM BidSync p. 6 128 of 221 City of Fort Lauderdale Bid 432 -11261 BID/PROPOSAL SIGNATURE PAGE How to submit bidslproposals: It is preferred that bids /proposals be submitted electronically at www.bidsyne.com, unless otherwise stated in the bid packet. If mailing a hard copy, it will be the sole responsibility of the Bidder to ensure that the bid reaches the City of Fort Lauderdale, City Hall, Procurement Services Division, Suite 619, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, prior to the bid opening date and time listed. Bids /proposals submitted by fax or email will NOT be accepted. The below signed hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the CITY and such acceptance covers all terms, conditions, and specifications of this bid /proposal. Please Note: If responding to this solicitation through SidSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note NIA in that field. Submitted by: Cary Delk September 26, 2013 (Authorized signature) (date) Name (printed) Gary DelkTitle: District Manager Company: (Legal Registration) Harcros Chemicals, Inc CONTRACTOR IF FOREIGN CORPORATION MAY BE RE U RED TO OBTAIN A CERTIFICATE OF AUTHORITY FROM THE DEPARTMENT OF STATE, IN ACCORDANCE WITH FLORIDA STATUTE §607.101 visit http:/Iwww.dos.state.fl.us/). Address: 5132 Trenton Street City: Tampa State: FL Zip: 33619 Telephone No. 013.247 -4531 FAX No. 813.247- 7917Email: floridabids @harcros.com Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 2.7 days Payment Terms (section 1.04): N30Total Bid Discount (section 1.05): NA Does your firm qualify for MBE or WBE status (section 1.09): MBE D WBE C ADDENDUM ACKNOWLE - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued 1 issued 9119113 P- CARDS: Will your firm accept the City's Credit Card as payment for goodslservices? YES E NO C VARIANCES State any variations to specifications, terms and conditions in the space provided below or reference in the space provided below all variances contained on other pages of bid, attachments or bid pages. No variations or exceptions by the Proposer will be deemed to be part of the bid submitted unless such variation or exception is listed and contained within the bid documents and referenced in the space provided below. If no statement is contained in the below space, it is hereby implied that your bid/proposal complies with the full scope of this solicitation. HAVE YOU STATED ANY VARIANCES OR EXCEPTIONS BELOW? BIDDER MUST CLICK THE EXCEPTION LINK IF ANY VARIATION OR EXCEPTION IS TAKEN TO THE SPECIFICATIONS TERMS AND CONDITIONS. if this section does not apply to your bid, simply mark NIA in the section below. Variances: NIA 9/25/2013 12:31 PM Bidsync P. 18 129 of 221 po' r— CITY OF FORT LAUDERDALE City Commission Agenda Demo #13- 1380 REGULAR MEETING TO: Honorable Mayor & Members of the Fort Lauderdale City Commission FROM: Lee R. Feldman, ICMA -CM, City Manager DATE: November 5, 2013 TITLE: Motion to award a one -year contract for hydrofluosilicic acid — Invitation to Bid (ITB) 432 -11261 - $141,250 Recommendation It is recommended that the City Commission award a one -year contract for the purchase of hydrofluosilicic acid, utilizing City's Contract (Form P- 0001), to the lowest cost, responsive and responsible bidder, Harcros Chemicals, Inc., in the estimated annual amount of $141,250 and authorize the City Manager to approve three, one -year renewal . options contingent upon appropriation of funds. Background During the water treatment process, hydrofluosilicic acid is added to the drinking water as required by Section 34 -120 of the Broward County Code of Ordinances that mandates fluoridation of our drinking water, As a lead agency for the Southeast Florida Governmental Cooperative (Co -Op), the Procurement Services Division sent an ITB to 242 vendors and received two responses. The total Co -Op full truck quantity of 2,206,667 pounds was solicited. The lowest cost, responsive and responsible bidder is Harcros Chemicals, Inc, for a total price of $551,666.75, based on a unit price of $0.25 per pound for full truck loads and one stop. The City of Fort Lauderdale estimated annual usage quantity is 565,000 pounds. Based on the lowest bid price of $0.25 per pound, this would equate to $141,250. Resource Impact There will be a fiscal impact to the City in the amount of $141,250. Future expenditures are contingent upon the approval and appropriation of the annual budget. FUND_ S AVAILABILTY LOCATION: SUB SUB 013J SU80EJECT FV FUND FUND FIINnWAIT= INnFX INDEXNAME # NAME AMOUNT 11/5/13 13 -1380 Page 1 of 2 130 of 221 I"Iydrdul siilciG 2014 450 01 Waterand Sewer PBS670303 Rveash Operations 3715 Acid $106,955.00 Hydrofluosilicic 2014 450 01 Water and Sewer I P€3SS703D5 Peele Dixie O erations 3715 Acid $34,295.00 1 TOTAL $141,250.00 11/5/13 13 -1380 Page 1 of 2 130 of 221 Strategic Connections: This item is a Press Play Fort Lauderdale Strategic Plan 2098 initiative, included within the Infrastructure Cylinder of Excellence, specifically advancing: • Coal 2- Be a sustainable and resilient community. • Objective 6: Secure our community's water supply Attachment Exhibit 1 — Bid Tabulation 432 -11261 Prepared.by: Robert McKenney, Procurement Specialist 11 Carrie Keohane, Administrative Assistant I Department Director,. Hardeep Anand, P.E., Public Works 11/5/13 13 -1380 Page 2 of 2 131 of 221 6. H CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the minutes from the Regular City Commission meeting held on February 18, 2014 The City Commission met on February 18, 2014 and minutes were prepared from the notes taken at the meetings. 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: N/A ALTERNATIVES: N/A 132 of 221 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 118, 2014, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Joe Casello, Commissioner ABSENT: Michael M. Fitzpatrick, Commissioner 1. OPENINGS James Cherof, City Attorney Lori LaVerriere, City Manager Janet M. Prainito, City Clerk A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Mayor Taylor called the meeting to order at 6:30 p.m. A roll call revealed a quorum was present. The invocation was given by Vice Mayor Hay followed by the Pledge of Allegiance to the flag led by Mayor Taylor. D. Brand Promise Statement The Brand Promise Statement was recited as follows: "It is time to take a look at Boynton Beach, conveniently nestled in the coastal heart of Palm Beach County." E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Casello pulled Item 6.13 for discussion, 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Merker seconded the motion. 133 of 221 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 18, 2014 Vote The motion passed unanimously. J. OTHER A. informational Items by Members of the City Commission Vice Mayor Hay advised ho had been recognized at the Delray Beach Country Club by Palm Beach County for being one of the ^mhmhem^ for the County. There will be u meeting of the Palm Beach League of Cities and he urged everyone to attend. The Hurricane Bingo had a ribbon cutting ceremony and the Delray Beach Town Hall lecture featured information from the editor ufFortune magazine, Vice Mayor Hay has been the Chair of The South Central Regional VVautowmhsr Treatment and D|apuea| Board and attended his last meeting. He indicated it has been a pleasure for him to serve the citizens of Boynton Beach. Commissioner WYerherremarked February 22n im George Washington's birthday and it is o good time to reflect on what America is all about. He is on important figure in the history nfAmerica. CommiaaiunerCaueUo acknowledged defeat at the Barrier Free Park 5N Run8Na|k, having been surpassed by the City K0onoge/o team. He reminded everyone of the March 11"' municipal election for District /| and District IV and announced m candidate forum that would be held in the Meadows at 7 p.m. in the South Pavilion on March 6th. The issues would be discussed as well as candidate platforms to assist the voters in making on informed decision. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS &PRESENTATONS A, General Election Proclamation - March 11. 2O14- presented by Mayor Jerry Taylor Mayor Taylor read the proclamation for the municipal election to elect one Commissioner for District U and one Commissioner for District K/to serve mthree-year term expiring in March 2U17. The voting hours would be7m.m.Vo7pm.pn March 11"' and the polling places were Umbad that would be available for review in the City Clerk's 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL 8E LIMITED TO3MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be 134 of 221 MEETING MINUTES REGULAR CITY COMMISSION BOYNTQN BEACH, FL FEBRUARY 18,2014 adjusted depending on the level of business coming before the City Commission) David Katz, 67 Midwood Lane, recalled [ornmissioner Merker had suggested that the residents nfLeieuowi|ke get an attorney hn fight the building of hotel on Ocean Drive. Mr. Katz understood the residents had filed action against the City and requested an update onthe lawsuit. AttomeyChorof responded the law suit was fi|ed, but had not been served on the City so it is not active. Mr. Katz referred to CnmmieuionerKAedm/a previous nemodm relating to his consistency and claimed he was committed to bringing ethics bank to the City. An ethics complaint has been fi|ed, completed and Commissioner W1erker fined for violating ethics. He questioned how Commissioner N1adker could reconcile the inconsistency. Ralph Skanwoki, 1381 South Federal Highway, commended Vice Mayor Hay un his professionalism during the transition of the Commission and thanked him for his service. He remarked the City had the beat City Manager and thanked her for her quick response to his questions over the holidays. He thanked Commissioner CaeeUn for holding himself to o high standard and would support his re-election. Mr. Skarecki had u Code violation pending on property hemanages and he pointed out the City also has Code violations un several properties. He had been cited for dead tnaee, missing trees, |andonaping, mulch and o litany of other items. There are several properties along Federal Highway that have the same iaoumo unresolved, N1c Gkmrecki had presented the same facts u year ago and the downtown area remains sloppy, unkept and neglected. The violations he found along Federal Highway included a broken sprinkler pipe at the end of Gateway that went into the sewer system, o six-foot weed growing out of street sign across the street from City Hall and there are many dead trees, The City has on aMbnriat that should monitor these problems. He suggested the staff and employees drive the City more often and then request any issues be addressed. Doug BruaQgmrmmnm, 718 SE4' Street, complimented Vice Mayor Hay for his run during the 5K race. Mr. Brueggermann mentioned another area of sloppiness and litter ie along Geuuremt Boulevard from VVon|bright Road toBoynton Beach Boulevard, He suggested garbage cans be placed at the bum stops to alleviate some of the problem. Mr. Brueggermonn was representing the Forest Park Neighborhood Association and invited everyone in the next monthly meeting to be held on February 1Q' at the First Presbyterian Church on 8VV 6th Avenue with pizza served beginning at 0:30 p.m. His association would like to see the Seaueatbeautification completed and the Old High School preserved. Nn one else coming forward, Mayor Taylor closed public audience 5. ADMINISTRATIVE 135 of 221 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 18, 2014 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student NN Financial Advisory Committee: 2 regulars and 1 alternate Golf Course Advisory Committee: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 2 alternates Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates Motion Commissioner Merker moved to appoint Christine Stella as a regular member of the Financial Advisory Committee. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay nominated John (Jack) McVey to be appointed an alternate member of the Recreation and Parks Board. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 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. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the three (3) month period ended December 31, 2011 B. PROPOSED RESOLUTION NO. R14 -014 - Approve the update to the Building Division fee schedule; plan review and construction permit fee amendment. 136 of 221 MEETING MINUTE REGULAR CITY COMMISSION BQYNTQNBEACH FL FEBRUARY 182Di4 C. Approve the vehic|eu/equipmentmubmi8ed by Pub|ioVVorkm/F|eet Maintenance for disposal. D. PROPOSED RESOLUTION NO. R14'015 -Authnrize the City Manager to enter into an |nhedoma|Agneement. between the City nfBoynton Beach Police Department and Palm Beach County to reimburse the City uptu$24.288for the purchase of night vision and forensic lab equipment. Palm Beach County received funding from Miami through the UA8/ (Urban Areas Security Initiative) grant Commissioner CmweUo had pulled this hem for discussion. He noted it was great 'that this type of equipment could be obtained for the Police Department to assist in fighting crime and protecting the officers. He commended Chief Katz and the City Manager for seeking out these types of programs and keeping the technology current. Motion Commissioner CaaeUo moved to pao*'Propooed Resolution No, R14-015. Vice Mayor Hay seconded the motion, Vote The motion passed unanimously E. PROPOSED RESOLUTION NO. RM4-01G-Apply for Florida Department of Transportation (FDOT) Speed & Aggressive Drivinggoantund000eptfundingif awarded. The City is applying for $47.888 of funding. The funds will be used to purchase speed measuring devices and reimburse officers overtime to conduct traffic enforcement. F. PROPOSED RESOLUTION N,]. R14'017 'Appomve changes to the guidelines to the Commercial Interior Build-out Assistance Program and to the Commercial Rent Reimbursement Assistance Program G, PROPOSED RESOLUTION 0O. R14-018 Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2014'2015 budget with the scope of professional services and specialized assistance in the amount of $17.500 and additional uomioeo, if needed H. Approve u title change and reclassification of the Supervisor, Utilities Stormwmtar position to add Community Rating System (CRS) Coordinator duties and responsibilities. 137 of 221 MEETING MINUTES REGULAR CITY COMMISSION BOYN TON B EACH, FL FEBRUARY 18, 2014 I. Approve the minutes from the Special City Commission Workshop held on January 29, 2014 and the Regular City Commission meeting held on February 4, 2014 J. Accept the resignation of Gary Dunmyer, a regular member of the Financial Advisory Committee 7. BIDS AND PURCHASES OVER $100,000 A. Approve a one -year extension for the "Annual Supply of Sodium Hydroxide (Liquid Caustic Soda) ", Bid No. 026 - 2821- 12 /JMA with Brenntag Mid -South Inc. of Orlando, FL. The estimated annual expenditure is $185,000.; the product will be ordered on an "As Needed" basis. This is the last extension as outlined in the bid documents. Motion Vice Mayor Hay moved to approve the one -year extension. Commissioner Casello seconded the motion. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R14 -019 - Approve a contract with B & B Underground Contractors, Inc. of Royal Palm Beach, Florida for the construction of Regional Lift Station at Pence Park, Bid No. 018 - 2821- 14 /DJL in the amount of $1,078,074.62 plus a 10% contingency of $107,807.46, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $1,185,882.08. B & B Underground Contractors, Inc. was the lowest, most responsive, responsible bidder who met all the specifications. Motion Commissioner Casello moved to approve Proposed Resolution No. R14 -019. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. C. Approve the purchase of new replacement vehicles as approved in the FY 2013/14 budget in the estimated amount of $3,305,195 and to approve 5 additional totaled /crashed units in the estimated amount of $122,013 for an estimated total of $3,427,208, by utilizing the following contracts; State of 138 of 221 MEETING MINUTES REGULAR CITY COMMISSION BO YNTON B EACH, FL FEBRUARY 18, 2014 Florida Contract #071 - 000 -14 -1, National IPA Contract #120535, Florida Sheriffs Association Contract #13 -11 -0904, Florida Sheriffs Association Contract #13 -21 -0904, and Florida Sheriffs Association Contract #11 -10 -1202 Motion Vice Mayor Hay moved to approve the purchase. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement in case of Donnett Bennett v. City of Boynton Beach. Motion Vice Mayor Hay moved to approve the settlement. Commissioner Casello seconded the motion. Vote The motion passed unanimously. B. Approve negotiated settlement in case of Brooke Bosler v. City of Boynton Beach. Motion Vice Mayor Hay moved to approve the settlement. Commissioner Casello seconded the motion. Commissioner Casello inquired what the consequences were for the employees involved in the vehicular accidents. Ms. LaVerriere indicated if the employee is at fault there is progressive discipline taken. Both of the employees in the current cases are no longer City employees. Vote The motion passed unanimously. 9. PUBLIC HEARING 7 139 of 221 MEETING MINUTES � REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 18, 2014 7P'NiQR#S 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.14'003 - FIRST READING - Approve for transmittal for state review amendments to the Comprehensive Plan Future Land Ume, TxonaportaUun, Coastal Menagement, Public School Facilities and Intergovernmental Coordination Elements. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 14-003 by title only, on first reading. Mayor Taylor opened the issue for public hear No one came forward. Motion Vice Mayor Hay moved to approve Ordinance No. 14-003. Commissioner Caoe||o seconded the motion. Vote City Clerk Poainito called the roll. The vote was 4O. 18. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS Nona 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. PROPOSED ORDINANCE NO, 14'O02' SECOND READING - Resc Ordinance 13'014 land use designation for 125 East Ocean Avenue - 3/1812O14 8 140 of 221 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 18, 2014 (This item is scheduled for the February 25, 2014, Planning & Development Board meeting) B. Award Police Facility architect and design contract and Task Order No. 1 for space needs update and preliminary cost estimate. 3-4-14 16. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. ff-1 0 U-Tel 11147 9 - :T 29 IT, I E FL. F, There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 6:55 p.m. CITY OF BOYNTON BEACH Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner ATTEST: Janet M. Prainito, MMC City Clerk X dith A. Pyle, CMf puty City Clerk 9 141 of 221 6. 1 CONSENT AGENDA March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R14 -021 - Approve Three (3) year agreements with Arthur J. Gallagher Risk Management Services, Inc. of Boca Raton, FL and Gehring Group, Inc. of Palm Beach Gardens, FL for an annual cost not to exceed $75,000 for insurance broker services as a result of RFP #033- 1710 -14 /JMA. AGREEMENT PERIOD: APRIL 01, 2014 THRU MARCH 31, 2017 EXPLANATION OF REQUEST: The City's Finance Department issued Request for Proposals #033 - 1710 -14 /JMA for "THREE YEAR CONTRACT FOR INSURANCE BROKER SERVICES" for the City's Property and Casualty Program, including renewal /placement of business lines to include automobile insurance, equipment breakdown insurance and inland marine insurance for marine vessels and equipment, etc. The RFP's were opened on February 13, 2014, six (6) prospective brokers responded. The submissions were evaluated by Human Resources /Risk Management Personnel. The recommendation is to award agreements to Arthur J. Gallagher and Gehring Group, Inc. per the attached evaluation sheet. The term of the agreement is for a three (3) year period with the option to renew for two (2) one (1) year renewals. The Brokers will make recommendations to City staff concerning individual lines of insurance coverage and associated premiums that will be brought back to the Commission for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow for continuing program operations as currently established. Selected brokers will be authorized to submit requests for renewal /placement of insurance programs in insurance markets. 142 of 221 Insurance program selection and placement will be submitted to City Commission for approval. The lines of insurance assigned to the brokers as a result of premium limits and deductibles will determine the amount of broker fees paid to each firm on an annual basis. FISCAL IMPACT: Costs for this agreement is budgeted in the HR /Risk Management budget line items 522 - 1710 - 519 -4502. ALTERNATIVES: Non - renewal of selected insurance programs leaving the City vulnerable to catastrophic events. 143 of 221 RESOLUTION NO. R 14 -021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AWARDING THREE YEAR BROKER AGREEMENTS (RFP #033 - 1710- 14 /JMA) BETWEEN THE CITY OF BOYNTON BEACH AND ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., OF BOCA RATON, FLORIDA AND GEHRING GROUP, INC., OF PALM BEACH GARDENS, FLORIDA FOR AN ANNUAL COST NOT TO EXCEED $75,000 FOR INSURANCE BROKERAGE SERVICES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE BROKER AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach issued a Request for Proposals (RFP 4033- 1710- 14 /JMA) for "THREE YEAR CONTRACT FOR INSURANCE BROKER SERVICES" for the City's Property and Casualty Program, including renewal/placement of business lines to include automobile insurance, equipment breakdown insurance and inland marine insurance for marine vessels and equipment; and WHEREAS, on February 13, 2014, Procurement Services opened and tabulated six (6) proposals for the referenced RFP; and WHEREAS, all proposals were reviewed and it was determined that Arthur J. Gallagher Risk Management Services, Inc., and Gehring Group, Inc., were the lowest, most responsive bidders who met all specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and awards Broker Agreements to Arthur J. Gallagher Risk Management Services, Inc. and Gehring Group, Inc., for Insurance Brokerage Services in response to (RFP4033- 1710- 14 /JMA) for an annual cost not to exceed $75,000.00. Section 3. The City Commission authorizes the City Manager and City Clerk to 144 of 221 execute Broker Agreements with Arthur J. Gallagher Risk Management Services, Inc. and Gehring Group, Inc., copies of which are attached hereto as Exhibits "A" and "B ". Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS 4th day of March, 2014 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — David T. Merker Commissioner — Michael M. Fitzpatrick Commissioner — Joe Casello 145 of 221 W cc � U 7 U) d U) r � _O ui ~ W_ r M LU W O cc U. 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This executive summary will outline our value proposition and specific examples will be provided within our RFP response. Gallagher's Public Entity Experience — Gallagher has more experience in handling public entities than any other property and casualty broker in the country. • Our pr imary goal is to serve our clients and to provide day -to -day service by our professional staff. • We understand the particular risk exposures that are present within the public entity sector and put together risk management programs specific to each of our clients needs to minimiz those risks. • Our goal is to reduce out clients Total Cost of Risk (TCOR) in all areas of property and casualty risk and not just their insurance placement. • We're proactive to risk; not reactive. We ask; we listen. Gallagher's Public Sector (GPS) Industry Practice — We are the market leader and committed to serving the Public Sector. • We have access to over 250 insurance and risk management professionals across the United States that specialize in the public sector practice. • Gallagher has access to every major property and casualty insurance company that specialize in the public sector space. • Gallagher has direct relationships with senior management of these insurance companies to assure out client's needs are met and problems are dealt with in a timely manner. • Your Gallagher Team Leader, Judy Arenz, has managed the City's insurance portfolio since 2000, providing cost effective solutions year in and year out. • GPS provides our client's with: • Educational webmars on current risk management topics • White papers on topical risk management issues • National benchmarking against other public entities of similar like and kind. • Access to Enterprise Risk Management specialists. • Risk management audits. • Direct access to GPS's Executive Managing Director, Dorothy Gjerdrum, who is a nationally known public sector risk management specialist. • Access to specialized public entity loss control specialist and safety programs. The City's Local South Florida Gallagher Team • Your assigned team has over 250 years of aggregated insurance and risk management experience. • All major team members have worked on the City's account for a minim of five years. • All team members specialize in and have responsibilities focused on the public / educational sector and Florida tri county public entities and school districts. • The entire team has cross training to enable any team member to assist client needs virtually at any time. • We respond immediately with a commitment to provide Less than 24 -hour responsiveness on all service requests — typically much less. • Our team knows the City and understands how to interact with Risk Management to assure consistent and proper communication. • We provide our clients unparalleled internal professional standards. Your service team has never received less than a 99% audit score. Frtiurl Galls&, er Risk .ManagerierrSetvfces. N.1211BI.PR0FB.ym- soh CRy=1412014 x111 \WIP RFP 037 - 1710- 14aMA.doc 151 of 221 Property / Catastrophic Windstorm Expertise • Gallagher Florida places over $250MM of commercial catastrophic windstorm property insurance; the majority on Florida public entities. • Gallagher Florida places over $100 billion dollars of Florida catastrophic exposed property values; the majority on Florida public entities. • Gallagher Florida has 24 clients with over $lbillon in total insured values; all in catastrophe exposed parts of the country and most of them in Florida. • Of those 24 clients, 14 have been Gallagher clients for more than 10 years and as long as 36 years. This alone shows our value. • Gallagher has developed client specific property programs to meet the varying needs of our broad public entity client base. • Gallagher. is the largest Florida broker for both Lloyds of London and Lexingt both of which write more commercial catastrophic property premiums in Florida than any other carriers. • We have access to all property carriers that write commercial catastrophic wind property in Florida. Out team has direct relationships with most of the management and underwriters of these carriers. • Our team directly markets the City's property program; even when intemnediaries are necessary to gain access to these markets, members of our team meet directly with underwriters to negotiate program pricing, terms and conditions. • We are highly experienced in working with clients and carriers to finalize hurricane claims. Our Florida team has assisted our clients in obtaining in excess of $500 million dollars in paid catastrophic wind claims going back to Hurricane Andrew. FEMA / Florida Department of Community Affairs Expertise - Gallagher will provide assistance after a federally declared disaster. • We have partnered with our clients and FEbIA in every major hurricane event to hit Florida since Hurricane Andrew in 1992. • We have obtained FEMA "Insurance Reasonableness" letters for EVERY client that has requested those from the Florida Insurance Commissioner. Gallagher was the FIRST insurance broker to work with their clients to obtain these letters since 1994. • Gallagher is working with client input to develop a FEMA Cost Database with Exigis (RAIIS / Minority Partner). • We have direct relationships with local, regional and national FEMA representatives. • Our vast experience dealing with FEMA claims, audits, and negotiations will ensure you get the most beneficially financial assistance available. Gallagher Specialized Value Added Services for Public Sector • Loss Control • Dedicated staff • Specialty safety DVD's developed in house by Gallagher staff specifically for public entities • Webinars and web based safety training • Claim Advocacy Broker Compensation - Gallagher is FULLY TRANSPARENT • Gallagher discloses in writing ALL retail and intermediary compensation on ALL quotes and insurance placements. • We assist our clients in managing both retail and wholesale broker compensation to meet their financial needs and maximize Premium savings. • Gallagher assures that NO contingent or supplemental broker compensation is earned on the City s insurance placement. City of Boynton Results - We have been the trusted risk management broker consultant since 2000. Results Matter We appreciate the opportunity to be of continued service and prove again that Gallagher is the best broker. Ai -,hiar C,allarher 810, Manageroet bin NAPUBLPROPBmym . Hth Cky1201412014 rfgMP RFP 033 - 1710- 14rMA.duc 152 of 221 ^;xt kJ z 1`� r One of the reasons that Gallagher is successful in designing insurance programs that respond to our clients' needs, is our hands - on approach to structuring and marketing our clients' programs to underwriters. Our team frequently travels to insurance market centers in Atlanta, the Northeast, London, and Continental Europe, to permnally present our clients' programs to key underwriters. These meetings help to achieve broad coverage at the best pricing, and cutting edge programs that are ahead of the rest. Below is a listing of the premium volume we place with our top 20 markets. It is important to note that Gallagher Florida places almost $70 million in premium with, and is the leading producer in the southeast for American International Group (AIG). This large amount of premium volume, and the personal relationships we foster, help us to achieve optimal results for our clients, when we market their insurance programs. 1 Lloyd's of London I $72,876,779 2 American International Group 68,679,251 3 SPARTA Insurance Holdings, Inc. 43,158,390 4 The ACE Group of Companies 35,993,676 5 Liberty Mutual Insurance Companies 29,301,165 6 Swiss Reinsurance Company Limited 22,955,360 7 Alleghany Insurance Holdings 21,346,831 8 Zurich Financial Services Ltd. 14,862,774 9 Travelers Group .......... 14,688,944 10 Fairfax Financial Holdings Limited 12,412,751 11 Chubb Group of Insurance Companies 11,631,229 12 AXIS Capital Holdings Limited 9,677,797 13 Safety National Group - - 8,419,672 14 Munich - American Holding Corporation 7,953,280 15 Assurant Insurance Group I 7,675,348 16 Arch Insurance Group 7,660,877 17 Ironshore Insurance Group 6,804,365 18 CNA Insurance Companies 6,660,330 19 Alterra Capital Holdings Limited 5,305,081 20 C.V. Starr & Company Inc. 4,988,731 Top 20 Subtotal 413,052,631 All Other 97.952.751 ,',e -tsur,l r, all agver41sk, iu„ r� asYaaNlcp W IC, 24 N:TLMLPK0P M R& Cit5AW14\2014 erq\w1P RPP 03 3- 1 71 04 41MA.dm 153 of 221 Gallagher is also successful in putting together casualty programs that respond to our client's needs. Gallagher pioneered the idea of protected self insurance in the 60's and created the Gallagher package, a product that is still used today by many public sector clients. We have expert knowledge of your sovereign immunity and the effects on claim handling and program structure. As demonstrated by out client list and carrier volumes, Gallagher is Florida's largest workers' compensation broker based on payrolls. Gallagher's Madoet Strengths: One of the reasons the Gallagher team is successful in putting together both property and casualty programs that respond to our client's needs and tolerance for risk has to do with the team's 'Hands on approach in structuring and marketing our clients program to underwriters. We do not hand -off to a marketing department, because no one knows your program better than the team that partners with you every day. This allows us to communicate to underwriters the positive aspects of your program and achieve the results warranted that help our clients solve the piece of the puzzle belonging to the overall T'COK Our team frequently travels to insurance marketing centers in Atlanta, the North East, London and Continental Europe, meeting face -to -face with key underwriters to present out client's programs for consideration. Often times we encourage our clients to join us — This is a relationship business. These meetings help to achieve broad coverage at competitive pricing when the market is difficult and put together cutting edge programs that are ahead of the rest. Below is a sampling of markets in alphabetic order your team has access to. ACE USA ACE /Westchester AmRisc Lloyds S,Jmdicates Advent Allianz AWAC American Safety ACE Aegis Arch Axis Specialty Beazley Alterm Apollo AXIS Berkshire Braishfield Amlin Ark Berkshire CNA E&S Colony Argo Atrium BRIT US Companion Diamond State Ascot Beazley Chubb Endurance Everest Indemnity Barbican WRB Berkley CNA Essex MaYum Specialty Brit Hiscox Commonwealth Ins First Mercury Gen Star Faraday Jubilee Crum & Forster Global Excess Partners Arch Catlin Liberty CV Starr Hiscox ICAT Hardy Market Fireman's Fund James River Landmark Houston Casualty Pritchard FM Global Lexington LIU Kiln Remaisance Re Great American Maiden Re RLd MAP Sagicor Lronshore Rockhill RSUI Pembroke Travelers AIG /Lexington Scottsdale Sigma Underwriter SRU QBE Talbot Liberty Mutual Sompo Japan Toms Broadgate Canopius Cathedral Maxum Steadfast Munich Re WKF &C Navigators European / Bermuda Markets NFIF ACE Europe One Beacon Allied World Assurance Adel Re Swiss Re Assicuraziom Generad Zurich Tokio Marine Axis Specialty AIG Travelers CIP (Munich Re) Risk Partners United Educators HCC/ Houston Casualty Ironshore XL Inter Hanover Max Re Zurich Lancashire Munich Re Mompeller Re Partner Re Swiss Re Partner Re Paris Sirius 6.r��turs r,, alligrltco �is1:t~' �;i �e�rd�5�tblcc�, 25 NAPUmFR0P1Boy —. B& L51y12014=14 dq\wffi RFP 033 - 1710- 14JULd¢ 154 of 221 ati C'asttalty and Wotkets' ,attxltt nsa, i v rnsura a ; %p- -t is ACE ACE Lloyds of London (PSI) ACE Chubb ACE Alliaaz admiral Markel Chartis CNA AWAC Chartis Chards Munich Re Chubb Hartford Steam Boiler Aspen Global Aerospace CV Starr One Beacon CNA Liberty Mutual Beazley Lloyd's of London Discover Re Scottsdale (RPS) Great American Travelers Chards Old Republic Genesis Travelers Hartford Zurich CNA QBE Aviation Gotham (Midlands) United Educators Travelers Ironshore Stan Aviation Ironshore Landmark /RSUI Zurich Lloyds of London USAIG XL Travelers XL Zurich Arta pdeta y iducts • Public Entity and Scholastic Lloyd's Facility. Property Capacity — up to $25 Million Primary, Excess and Quota Share Layers All Risk, including Flood, Earthquake and Boiler & Machinery Perils Separate Stand -Alone Terrorism Limit — up to $300 Million • Violent Malicious Acts Coverage - Violent Malicious Acts Coverage is a prot3rietaW proMm that is exclusive to Gallagher, that insures the loss of revenue and /or extra expense that you incur, in order to continue your normal operations following a violent malicious act In light of recent shootings at schools and governmental facilities around the country, Gallagher developed this insurance product, and we believe it to be an important coverage that the City should consider. • Disaster Management Services - With the increasing number of manmade and natural disasters (Newtown, CT; Moore, OK (Tornado); Superstore Sandy) many schools and public and private entities, have found that they were not adequately prepared. Gallagher has developed a proprietaa p% that provides up to $5,000,000 for Disaster Management Services, provided by Disaster Management International. We believe this to be a coverage that the City should consider as well. • Network Security / Privacy Liability (Cyber Risk) Coverage This coverage can protect the City from liability resulting from a breach of private information, from a number of sources, which is a growing problem. The `Breach Coach" is an attractive feature to obtain legal advice in the event of a data breach. Yes For example, we have placements with Florida Municipal Insurance Trust for the following clients: • Hillsborough County Aviation Authority • City of Lakeland • Orlando Orange County Expressway • Tampa Hillsborough County Expressway At - Thor J. ('aNapho+'Rs , mana "h.nwntserwtce;, Inc 26 N- TUBLPROPS.p"nBch rity1201412014 AMP RFP 033 - 1730- 147MAd. 155 of 221 Arthur J. Gallagher Risk Management Services proposes the following options for Broker compensation: Option 1: Commission paid by the Insurer: Municipal Property 8% Utility Property 8% Casualty 10% Miscellaneous Lines 10% 156 of 221 PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 RFP Title: "3 YEAR CONTRACT FOR INSUEANCE BROKER SERVICES" sized Signature A.Axenz, CPCU, Area S " Vice President L RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL Anhurl, Gauaghw RIA Nqzr�agenwn 51 NVUBLPROPSoyn , B& CityUOW2014 d4WAP RFP 033-1710-141MAdo, 157 of 221 ;ul•.0#. RFP TITLE: " THREE YEAR CONTRACT FOR INSURANCE BROKER SERVICES" RFP NO: 033 - 1710- 14 /JMA PROPOSER: Arthur J. Gallagher Risk Management Services, Inc. DATE SUBMITTED: February 11, 2014 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete /provide the work specified by the Contract documents. Having studied the documents prepared by: The City of Boynton Beach: and having examined the project site when indicated in these specifications to do so, we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM No. DATE ADD No. DATE 1 2/3/14 2 2/4/14 RFP No. I I THIS PAGE # BE # O PROP OSAL EQ t : # ! # #� # s",NaC`el�t ,�. GaUagE�r r h+,ar 7'14,r,uSZ*B €`. �PPiriC"F, S �r�c — 52 XTUBLPROABoyumn Bch City12014\2014 ri%\VAP RFP 099 - 1710- 14JMA.dm 158 of 221 R / t: Procumment Services 00 E. Boynton Beach Boulevard f 1 Boynton Beach, Fibildd 33425-0310 Telephone: (561) 742-6310 FAX (561) 742-6316 1' r'C7 r � F.MrI M ►wl Page 1 of 3 MINESSOMMEMENNOMMENIM 53 N:OMPROMoyntm Bch City12014\2014 rfq\WIP RFP 03 3- 17 1 04 4Rd&dx 159 of 221 8. Please provide a copy of the contract with the current broker to include disclosure of all fees and commissions payable. Answer: See attachment "2011 Proposed Premiums and Fees" and Broker Agreement for renewal of the Automobile, Inland Marine, and Equipment Breakdown Insurance Programs. 0 z Tim W. Howard II S FTIr, Page 2 of 3 54 WPUBLPROMoyaton Heb Um, =14=14 ANWIP APP 033-1710-147MA.dm 160 of 221 REQUEST FOR PROPOSAL FOR A • •- -- RFP No.: 033-1710-14/JMA PROPOSAL RESPOrJ25&X-!-- DATE-- INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #V WITH ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. . 1311 C DATE E. liirl iri J N.7UMPROMoym Bch City52694\2614 dg1WIP RFP 033- 9716- 141MAdoc Page 3 of 3 Ar.IvurI.6aIla['kaer. resk 4iar•Ei e•i4 vt e rR is s y IIle $$ 161 of 221 I 0 P Procurement Services 100 E. Boynton Reach Boulevard A 0. BOX 320 Boynton Beack FADridd 33425-0310 Telephone. (S61) 742-6310 FAX. (561) 742-6316 F- *] =1 0 11111 1 , M Z Question: Under the current year Schedule it shows an auto policy with BRIT with $10,000. SIR for annual premium of $58,349. Is that auto liability only; or does it include auto physical damage? Answer: This is liability and auto physical damage for vehicles over $150, 000, and this premium is a six month premium. OP. Question: Please confirm if All of the policies listed on the schedule are included under this RFP. Answer: All policies are included with the exception of Environmental Liability and the Flood Policies. company? Answer: Wright National Flood Insurance Company is the servicing company for the following buildings: Page I of 3 At �,Giioitg,pr° Retoopi trketam wryo-.t6,,i x 56 NAPUH2ROABoynm Bch City12014\2014 dq\WJP RFF 033-1710-147MA-d,, 162 of 221 111 if] U'r EA I IM I I Iiiiii I I I III LORICI I I '1 1 111 1 N.-VUBLPROP\B.y.t.. Bch City\2014 Page 2 of 3 Arftyj, 1 4altaglhw Risk MmWemeoServKpkt� 57 163 of 221 REQUEST FOR PROPOSAL FOR A ro, T17r4 AND ACCEPTABLE. NAME OF COMPANY: Arthur J. Gallanher Risk Manaaement Services, Inc. 177-1 PRINT NAME OF REPRESENTATIVE ANATURE OF REPRESENaIVE DATE m, Fx*rjmjTjrTj"tlh' L N.NPUBLIPROP\Boynton Bch ChyUO14t2014ffqNWRFP033-1710-14JMA.doe Page 3 of 3 A - hurl, Gallaphey Risk Tnc- 58 164 of 221 Each proposer proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Proposer. Arthur J. Gallagher Risk Management Services, Inc. 2. Business Address: 2255 Glades Road, Suite 200E Boca Raton, FL 33431 3. When Organized: 1977 4. Where Incorporated: Illinois 5. How many years have you been engaged in business under the present rum name? Founded in 1927, Arthur J. Gallagher & Co. has been in business for almost 85 years. Arthur J. Gallagher Risk Management Services, Inc. (Florida) was established in 1977 and has been in business for over 35 years. 6. General character of work performed by your company. Property and Casualty Insurance and Risk Management Services. 7. Enclose evidence of possession of required licenses and/or business permits. Agency Licenses and 220 Licenses 8. Number of employees — 27 Employees in Principle Office Location in Boca Raton, FL. 9. Background and experience of principal members of your personnel, including officers.* See Section #6, Resumes 10. Bonding Capacity Financial Statement provided with the o response document 11. Have you ever defaulted on a contract? If so, where and why"* To the best of our knowledge we have never defaulted on a contract RPP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL V, JQQJJ J_A,=Vlj',,l Ar.hvr 1 6 Aaqher Atsk Man.iqenew, lerwices, Irc, 59 N:,PUBLPRQAB,3n Bch City\2014\2014 dqkVAP RFP 033-171MUdA.d- 165 of 221 STATEMENT OF QUALIFICATIONS (Continued) 12. Experience in performance of work similar in importance to this project. Project value Contact Name Phone 9 (Premiums) City of Boynton Beach 4250,000 Ms. Pam Webb (561) 742-6043 City of Boca Raton >$250,000 Ms. jean Heald (561) 393-7970 City of Pompano Beach >$250,000 Mr. Ed Beecher (954) 786-5555 13. Contracts on hand. * The Service Team has twenty (20) active contracts. These contracts are on-going and are currently being serviced. 14. Largest completed projects (include final cost). Tmmn--) Palm Beach County Board of County Commissioners $11,734,780 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which:* 1) arose from performance:* see statement within Section #7 2) occurred within the last 4 years:* 3) provide case number and style:* Dated at: this 13th day of ary, 201,4 By. (wri tten signature) Name: Judith A. signature) CPCU (printed or typed) Title: Area Senior Vice President RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL bLyaim k0far-70"AiVI Ai .1, Call arher Pmk, Irl': 60 N TMLPRO"oyw. Bch City12014\2014 dqkW!P RFP 033-1710-147MAd- 166 of 221 STATE OF FLORIDA COUNTY OF PALM BEACH SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of The City of BoyntonBeach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. Sworn and subscribed before me this 13th day of February 2014 0 AR PUBLIC, State of Florida At L By: - SIGNATURE Printed Information: I or. m WiMMITWTOW PhOW1101 Area Senior Vice President T= Arthur j. Gallagher Risk Dian agrment Services. Inc. COMPANY RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL �Ig #)1fQ&ffl;vjff 61 N TUBLPRGMy.t Bch City\2014\2014 cEgkW@ REP 033-1710-147MA.d- 167 of 221 State of Florida) County of Palm Beach) 1 0 • - Judith Arenz, being first duly swom, deposes and says that: She is Area Senior Vice President of Arthur J. Gallagher Risk Management Services, Inc., the proposer that has submitted the attached RFP: 2) She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said proposer not any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham RFP in connection with the Contact for which the attached RFP has been submitted or to tefrain fitom bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, firm or person to fix the price or prices in the attached RFP or of any other proposer, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract-, and 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 proposer or any of its agents, representatives, owners, employees, or parties in interest; Uiduding this affiant (Signed) (Tide) ��a Senior Vice President Subscribed and sworn to b fore me This /.?'* of 20 My commission expires cg f RFP No. 033-1710-14/JMA IRS PAGE - 1'0 BE SUBAUTTED FOR PROPOSAL 1"1 IXTRY. sv1hur �. uallaghor Risk iki-inag'emettz Seroces, tm, 62 NAKWMABoyn B& CITyW1412014 ffq1V4P RFP 0331710441MAd. 168 of 221 A requested form to be made a part of out files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? CM If Yes, please indicate by an'X'in the appropriate box: AMERICAN INDIAN ASIAN BLACK O HISPANIC WOMEN OTHER Specify (X) NOT APPLICABLE Do you possess a Certification qualifying your business as Minority Owned Business? Yes ❑ NO 0 If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL At1puri. 6 allarber 41(sk %lot fne, 63 N:1P-J9LPk0F\8.y=.8.h CkyWI412014 dqNWEP RFP 033-1710-14X.Md. 169 of 221 Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which ate equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tic submittals Will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, 2 business shall: 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 probibitLon. 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 ate under submittal a copy of the statement specified in subsection (1). 47 in the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities of contractual services that are under submittal, 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 5 days after such conviction. 5) Impose a sanction on, or requite 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. Vendor's Signature Please refer W the enclosed Gallasgher "Drug and Alcohol Policy". Signed by?- RFP No. 033-1710-14/JMA THIS PAGETO BE SUBMITTED FOR PROPOSAL V110rA& 4 ANA UWRWV.;%1 r,t 64 NAPLIBLPROPIS.y— a Cfty=14=4 IkMIP RFP 033-1710-14JMLd.. 170 of 221 2�0 Gallagher One Employee AR Toolki Drug-Free Workplace Policy 7UTTODUCTOU The Company believes that its employees are an extremely valuable resource and that their health and safety is a serious Company concern. The Company recognizes that abuse of controlled substances is a serious problem In today's workplace and that drug or alcohol use may pose a serious threat to employee health and safety, relationships with business partners and to Company assets. The Company's shared values of Integrity and Teamwork are directly and negatively Impacted by employees who engage In drug and alcohol abuse. We believe that our employees have a right to work in an environment free from the effects of alcohol and drug abuse. The Company is committed to maintaining a healthy work environment, free of any drug, alcohol or substance abuse. It is our policy is to prevent substance use or abuse from having an adverse effect an our employees, clients, business partners, shareholders and the public. Our policy Is modeled on the federal Drug-Free Workplace Act of 1988 and Its corollary laws enacted in many state and local municipal jurisdictions. The Company requires its employees to comply with all federal, state and local laws relating to controlled substances and alcohol. ;101 IN 1WA;J :10103 4 IN 0 z 1.0 Drugs and Alcohol on Company Promises or While on Company Business We absolutely prohibit the use, possession, sale, purchase or transfer of drugs or controlled substances (as defined by federal, state or local " or drug-related equipment or paraphernalia on any Company premises, or while on Company business off Company premises. Moreover, we prohibit the use, possession, sale, or transfer of alcohol an any Company premises, or while on Company business off Company premises, except for its moderate use at Company- tioned events or locations where the serving of alcohol has been approved in advance. Impairment in the workplace (or while on Company business off rpany premises) due to the consumption of alcohol is absolutely prohibited. 2.0 Drugs and Alcohol off Company Premises, During Non Time The unlawful use, possesslon, sale, purchase or transfer of drugs or controlled substances (as defined by federal, state or local law) or drug-related equipment or paraphernalia is absolutely prohibited at all times. Lawful consumption of alcohol or controlled substances during non-work hours, off Company premises is prohibited if such consumption leads to impairment or Influence that adversely affects the employee's work performance, the safety of any individual or property, or puts the reputation of the Company at risk. @"- U = .1 1 �17_T=V If an employee's manager determines that an employee is physically unfit for work and may be under the influence of alcohol, illegal drugs or other non- prescription controlled substances, then: (a) the employee will be sent home (by public transportation or other suitable means) pending the Company's investigation of the matter; (b) the employee will be subject to progressive corrective procedures (up to and including termination of employment); aridtor (c) the employee may under appropriate circumstances be referred to the Company's Employee Assistance Program where counseling and rehabilitation resources are available. The Company may require the employee to remain out of work, in either a paid or unpaid suspension status, until such time as the employee is able to certify a fitness for duty, as determined in the sale discretion of the Company. Such fitness for duty certification may include, in some circumstances and without limitation, mandatory participation in awareness, prevention, treatment, testing or rehabilitation programs. 171 of 221 4GO Gallagher 172 of 221 I V111 W V WWO). 6 a K6319";30,293M The Contactor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in fintherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Arthur J. Gallagher Risk Management Services, Inc. CONTRACTOY. NAME By d e Area Senior Vice President ell Date EebnlM 11, 201 RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL ArThkAr 1, Gaflagher Risk f4anap-rAent Senfim% �rx. 65 KUYMUROMaym n Bch City=1412014 ffq%VnPRFP 033-1710- 173 of 221 SCHEDULE OF SUBCONTRACTING/MINORITY BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. RFP TITLE: "THREE YEAR CONTRACT FOR INSURANCE BROKER SERVICES" RFP #: 033- 1710- 14/ MAIN CONTRACTOR NAME: *MINORITY TYPES: (1) BLACK, WOMEN; (4) OTHER (specify) (2) HISPANIC; (3) . ............................ . . ... . .... NAME/ADDRESS/ PHONE OF SUBCONTRACTOR TYPE OF WORK TO BE PERFORMED MINORITY % OF TOTAL STATUS ME CERTIFIED 4 Ye s 4 No *(see key below) 4 Yes 4 No N/A MINORITY TYPES: (1) BLACK (2) HISPANIC (3) WOMEN (4) OTHER (specify) RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE nommommmmmommmom PAwr-� fAllagher ilmk Mariai Servtoe, s, 4t, 66 N U B Cfty\2014\2014.fq\VAPRFP 033-1710-14JMkd.. 174 of 221 TAB A: EXECU SUMMARY 175 of 221 We prepare, provide, and present creative, informative risk management and loss control materials that clearly illustrates pertinent information to individuals who are not normally involved in insurance and risk management issues. We thank the members of the Evaluation Committee, in advance, for your review and consideration of our comprehensive response, and stand ready to provide any. additional clarification or information requested. Kurt Ge4ing, CEV 4 GEHRING -AGROUP 176 of 221 Respondents shall provide documentation that demonstrates their ability to satisfy the required information contained herein. Respondents who do not satisfy the requirements or who fail to provide supporting documentation and/or affidavits as specified herein may be deemed non-responsive. if a prescribed format or required documentation for the response to information requirements is listed below, Respondents should use said format and supply said documentation to be considered responsive. The attachments herein include the required documentation within RFP No. 033-1710-14/JMA: "Three Year Contract For Insurance Broker Service" to demonstrate Gehring Group's ability to satisfy the requirements set forth in the RFP. :ft 5 GEHRING AGROUP 177 of 221 Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Federal I.D. Number: 65-0361295 A Corporation of the State of: Florida Area Code: s61 Telephone Number: 626-6797 Area Code: 561 FAX Number: 626-6970 Mailing Address: 11505 Fairchild Gardens Ave, Suite 202 City/State/Zip: Palm Beach Gardens, FL 33410 Vendor Mailing Date: 02/12/2014 E -Mail Address Kurt@gehringgrgup.com - 7 Adthorifed' Kurt Gehring Name Typed RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL 22 178 of 221 .......... . . A N DATE 02/03/2014 02/04/2014 011 �� THIS PAGE TO BE SUBMITTED FOR PROPOSAL IRl�1�ilJ 4F71!]abVaellUJ R�IJi�a1�s1�1�� ?illMaJh_1:�iU7ll 23 179 of 221 R R li 1 R -)) R r REQUEST R PROPOSAL FOR NAME OF COMPANY: Gehring Group Kurt Gehring PRINT NAME OF REPRESENTATIVE 02/12 /2014 DATE 94TOT- - mrofflaffox Page 3of3 180 of 221 RE QUEST #' PROPO FOR A # ' # IBM #! 0 , . ''# # NAM OF C. Gehring Group Kurt Gehring r 1 - ° ' PRINT NAME OF REPRESENTATIVE SIGNATURE OF RE1 02/12/2014 DATE F -1 171, 7l � Page 3 of 3 181 of 221 Each proposer proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Proposer: Gehring Group 2. Business Address: 11505 Fairchild Gardens Ave, Suite 202 Palm Beach Gardens, FL 33410 3. When Organized: 10/06/1992 4. Where Incorporated: 10/06/1992 5. How many years have you been engaged in business under the present firm name? 22 Years 6. General character of work performed by your company. Gehring Group provides employee benefits, risk management and technology solutions to public and private entities. Gehring Group provides a full range of consulting services. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 55 9. Background and experience of principal members of your personnel, including Officers. 10. Bonding capacity. Not Applicable 11. Have you ever defaulted on a contract? If so, where and why?* No RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL 24 182 of 221 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone C harlotte County BOCC $2,391,170 Walt Black - Risk Manager (941) 764 -4191 Bonnie Steinberg - HR Dunedin, Ci of $950,599 & Risk /Safety M anag e r (727) 298 -3040 Gwen Carlisle - Town Clerk/ Jupiter Isla T of $312,664 HR Manager (772) 545 -1030 Utility Board of Robert Barrios - Safety The City of Key West $608,781 & Risk Officer (305) 295 -1177 13. Contracts on hand. * See Attached 14. Largest completed projects (include final cost). 1) See Attached 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: Not Applicable 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: Palm Beach Gardens this 12 day o f February 2014 By: �i�;'2. k— w_� _. �� ( written:- ' Name: Kurt Gehring (printed or typed) Title: CEO THIS PAGE TO BE 1 FOR PROPO 25 183 of 221 14. Largest completed projects (include final cost). 184 of 221 SS 1, the undersigned hereby duly swom, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of ght, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Kurt Gehring - ,�,�4774 Q=12M Sworn and subscribed before me this 12 day Of February 20 14 F:917.rml Mmim. 70 Kurt Gehring NAME CEO TITLE Gehring Group COMPANY RFP No. 033-1710-24/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL 26 185 of 221 State of Florida County of Palm Beach Kurt Gehring being first duly sworn, deposes and says that: .-Mrs IOM-9#11OW1 27 186 of 221 A requested form to be made a part of our files for future use and information. Please fill out wit �W�A Return this form with your proposal sheet making it an official part of your RFP response. Is your company a Minority Owned Business ? x Yes No lff� W_M-717,,tr-71333 �, • =R 4 IDIOM= OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO I =M, i 0M r, 9; mw RFP No. 033-1710-14/JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL 28 187 of 221 RFP No. 033-1710-14/J MA 29 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 188 of 221 ��0:4 pici rovided b law I the failure of 6 INWA to be a material breach of this contract justifying its termination. Gehring Group REORTWIT340TA 2721 To F By Title: cEo Date: 02/12/2014 RFP No. 033-1710-14/JMA 30 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 189 of 221 \ « ^ % � 0 LU ƒ » 2 / ƒ 0 r § \ \ 2 Z f LL LL 0 « \ a0 0 \ \ 0 / ±Z / » j o 0< z (L \ 0 . } 0 \ + » \ \ 40 ! 0 2 - k e 0 \ \ \u ƒ$ \ } \ §k 0 } s j / / k 0 / ] / § \ z _. M $ CL zz §$ ƒ co 0 SEEƒ § � { § z » )k LJ «)§ m§2 A[� % ■§ 2§8 !7§ I�§ �§ a§ 190 of 221 « ^ � LU » 2 / ƒ 0 r f \ \ 2 Z f .» /f x \ « \ # ? < « §./ \ \ ^ / 0 \\ » z (L \ \ . } 0 \ + » \ \ 40 ! $ CL zz §$ ƒ co 0 SEEƒ § � { § z » )k LJ «)§ m§2 A[� % ■§ 2§8 !7§ I�§ �§ a§ 190 of 221 WINIAMON1 IN I I • 1711-66.rlt 1 1 1 , - = 167. following reasons: COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES 32 191 of 221 1"murms(^ MAI $5,000,000 in aggregate coverage. GEHRING -dGjZOUP 192 of 221 PROOF OF INSURANCE AC'CY a' OEHRCR049 FOWLERC r� CERTIFICATE OF LIABILITY INSURANC I "'1311 318m THIS CERTIFICATE 15 ISSUED AS A MATTER OF INF TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD ER. T HNI CERTIFICATE DOES EX NOT AFFIRMATIVELY OR NEGATIVELY AMEND, TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT EN THE ISSUING INSURER(S), ALIT D REPRESENTAT OR PRODUCER, AND THE CERTFICATE HOLDER. the terms and conditions of the Policy, IlmurdliCe Office of America -JUP Town Ahxoe T n Center 1200 UnMersl & JUpRar, FL 2 vd, Su 14200 I lnsUAie -- Gehring O'ouR Inc. 11606 FuiTChld Gardens Ave Suite 202, Virifan OH CN. Palm Beach Gardens, FL 33410 PHIS IS TO CERTIFY THAT THE POLICIES OF INI INDICATED. NOTWITHSTANDING ANY REOUIREM CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POUCIe s_ may require an sndomement. A statement on this o"ficate does not confer right to the NA E: Carol Fowler P E am (587) 776 -60 FAe N,e 11661► 776 -0670 � Carolyn.Fowla °osusa.som IN9RIWEp$IAFFOMNOCOVExAaE TNAIyP waURMA;Deposltoes Insurance Compa 42567 mama n a: Nationwide Insurance Company of AmeNY.a 26453 uauRae:Twln C' Fire Insurance Can Ply 12 9459 'RWRaR D: No — E mauReR F. REVISION NUMBER: LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VYTH RESPECT TO INHICH THIS 'DURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINIS SL1.ECT TO ALL THE TERMS, 16TR �A TYPE OFINeUNAYea GENERALUAN11W X CQWENCNUGENERAL 1M1I CWMSA9AOE ®OCCUR _ pgICY Neva LDOi9 7s7 •• ----, 311212093 rya°,.••, 3HN2D14 — UYITB EACH �CURRENCE $ AO E FNEUI EF pwenpnn a 900, RED EXP PAnYOrre paenl 3 5.0 PENSONAL4ADV INAIRV g 7,0,000 CENL AWREGATE U NIT Ap� pEq i POUCV � I I — � I I CF LO AUFONOe1LE UAaIL1TY r— X— �ANrauro �T FUFO�•4 HIRED AUTOS nON -0NNEO AUTO GENERALAIX(=EGATE i s 2.000,00 r_ A 1 BAPD88249o47B7 3fl 312073 SI93/2094 PRODUCTS- COMPKIP AGG 3 2,000, COM$INE081 LMR g . R 9,Be0,BB DtblLrlwuRYlP<w 3 EODILY INAKiY IPxeziAmn S ERACCIDE 3 S B C I (NantlYVy X O IlAa e laDe Lea OCCUR eumGaAADE CAP6924904781 211WECP09082 3M=013 3112/2093 3/92/2014 3112/2014 EACH OCCIMRENCE F &DOD. AGGREGATE 3 DED RETENnOa YATRNERffi OpYPaBAlna1 ANO eYFLDTERIF IIANUTY OFFTCENNE R E R£ R p9 � NIA In NMI NFn WaRibe wtlar OESGRIPTION OF OPERATION$ 1— ggregate Vr9: $TATU- OTH- X $ 5,000, EL EACH ACGbENT 3 9,®90,DDB EL DISEASE- EAEMPLOYE 3 9.000,00 ELDISEASE- POUCYZ 8 9,000,00 W7EaCWe'TDN OF OPFMTONEILOGTIOnffiI VENN.LIY(ANea AC0�9n,Agtl ®bwlN®mevY $eBY01@®,Nmme spec ®la eepeefn - -- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED =FORE TIE EXPIRATION DATE THEREOF, NOTICE WILL BE OEUIER® IN ACCORDANCE MATH THE POLICY PROVISIONS. Ths Gdldng Group, Inc. 99605 Fairchild Gardens Ave. 3uim 2/2 AUTRpWprD RePWEBaTATNE C, IPolm Bem:h Gardens FL 33490 0 7886 -2090 ACORD CORPORATION. All rights reserved. ACORD 26 (20911106) The ACORD name and logo are registered marks of ACORD 7 I-IRI A GROUP 193 of 221 N I 1111-11II&IOD014ay MI(* 10 0 ARCH SPECIALTY INSURANCE COMPANY (A Nebraska Corporation) Home Office Address: 10306 Regency Parkway Drive Omaha, NE 68113 Administrative Address: One Liberty Plaza, 53rd Floor Now York, NY 10006 Tel: (800) 817-3252 MISCELLANEOUS PROFESSIONAL LIABILITY DECLAe—AZMS Policy Number. SPL0055072-00 Renewal of. NEW Named Insured: Gehring Group, Inc, Mailing Address BenTek, Inc. 11505 Fairchild Gardens Avenue Suite 101 and Suits 202 0. mmcellansous Fromealonal a • Full Prior Acts applies to $3,000,000 Limit of Liability for Media Liability Coverage Gehring Group, Inc.; • May 22, 2013 applies to $2,00,000 excess of $3P00,000 Limit of Liability for Gehring Group, Inc. • March 12, 2010 applies to $1,000,000 Limit of Liability for BonTak, Inc • May 22, 2013 applies to $1,000,000 excess $1,000,000 ibr BenTGk, Inc. B. Network Security Liability May 22, 2013 Coverage C. Privacy Violation Liability r—... ! May 22, 2013 8 GEHRING 41ROUP 194 of 221 B. Network Security Liability $5,000,000 $15,000 Coverage C. Privacy Violation Liability $5,000,000 $15,000 Coverage D. Computer Network Business No Coverage WA Interruption Coverage E. Data Loss Coverage $500,000 $15,000 F. C ber Extortion Coverage $5 000 000 $15000 G. Security Breach Notice $2,000,000 $15,000 Coverage H. Crisis Management Coverage $2 000,000 $15,000 I. Regulatory Action Sublimit $2,000,000 $15,000 Item 7. Premium: State Tax: $ By BROKER Stamping Fee: $ BY BROKER Item 8. Endorsements) Effective At Inception: See attached Schedule of Forms and Endorsements Item 9. Notice Address: Arch Specialty Insurance Company Attention: Professional Liability Claims P.O. Box 542033 Omaha, NE 68154 Phone: 877 688 -ARCH (2724) Fax: 866 266 3630 E -mail: Claims Insurance.com Arch Specialty Insurance Company is licensed in the state of Nebraska only. Page 2 of 2 s t G HI.ING AG -ItOUP 195 of 221 TAB E: MARKETS A. Respondents must list, by lines of insurance, all insurance carriers (markets) to which respondent has access. VFW A n. F" Yes, Gehring Group has access to the Florida Municipal Insurance Trust, and can evaluate various pools and trusts types, offering impartial and independent expertise. Gehring Group holds no interest or ownership in any insurer, trust or TPA,- therefore, emphasizing our independent status. 20 GEHRING AGROUP ... _'Af7 . 196 of 221 SCOPE OF SERVICES Respondents must provide a list of additional services that will be provided if selected by the City of Boynton Beach. It is Gehring Group's goal to assure the City of our dedication to excellence in serving as your Property and Casualty Insurance Service Broker/Agent. We are confident in illustrating our superior services and meticulous attention to detail by addressing each line item provided in the RFP: 033-1710-14/JMA Page 9: Scope of Services: General Requirements. 1. Awarded broker shall assist in risk exposure evaluations to identify and measure exposure to loss faced by the City. One of the initial steps of Gehring Group's approach to servicing the City of Boynton Beach would include evaluating the City's risk exposure beginning with the following: The next step would be to analyze the City's existing insurance programs, collect data Or operations to identify any duplications or gaps in coverage, also, identify how Gehring Gro might best service the specific needs of the City of Boynton Beach with thi -iffered by our organization. 2. Awarded broker shall prepare insurance coverage specifications in accordance with established risk/retention thresholds and advise on coverage issues concerning the City which include but are not limited to, insurance covering the common areas shared with other Inter- local governments. -�-M 21 GEHRING AGROUP 197 of 221 4. The awarded broker shall provide timely reports of progress in the markets Rhe market canvassing Drocess should take bptwep 60 — go d?v-- all v*ti,**,q �rp rproiVO4 MINOR 1 1 1 * I 1 0 force program and illustrate the differences to include the advantages and disadvantages of each. This will include a detailed cost comparison including deductibles, retentions and limits. We would schedule a meeting with the Human Resources Director, Risk Manager and key reersonnel to review the results and to provide a recommendation for the City. S. The broker shall provide all quotations net of commission from the Underwriter(s) with detailed recommendations to the City on which Underwriter(s) would best provide the desired insurance coverage. The City will review proposed carriers and give approval of acceptability. 22* GEHIUNG d(',,ROtJP 198 of 221 e 1u 0 23 GEllRlNq,,4GROUP 199 of 221 12. Awarded broker shall review insurance company recommendations for appropriateness XMIAO I�IXOWWOAWX sw6m consistentiv attend carrier summits conferences continuRn education classes and semin.W.-V. order to remain ahead of the curve. Through our knowledge and expertise, Gehring Group staff �S ir&4m in order to assist management and staff in making better-informed decisions regarding the tenured experience, we have assisted our clients through transition in many ways such as ZAWI a implemented. 13. Awarded broker shall have knowledge of package programs that may provide coverage for multiple lines of Insurance. 24 GEHRIN(',',#GROUP .—A 200 of 221 I ". 25 GEHRING AGROUP 201 of 221 from our competition as our proficiency within the City's inner-workings assist us in providing anticipated and acceptable resolutions. Gehring Group takes pride in being recognized for providing a significant number of "value-added" services to our clients. The following outlines several additional services provided by Gehring Group and are included within the scope of this proposal: Online Safely TrIja[M For an additional fee, Gehring Group can customize and help implement online safety training as a delivery platform for instructional safety and loss control for the City of Boynton Beach. This platform allows individual employees to access and complete training programs at a self-paced speed, combining compliant content with interactive demonstrations. This interactive format has proven to increase comprehension rates, improve production through time management and thus the effectiveness of our governmental clients training programs. Our clients who have instituted this program are beginning to reap monetary and qualitative benefits from implementing this web-based training. Please refer to Exhibit I for a sample of the available online safety training courses. Exhibit 2 includes a sample Online Safety Training Utilization Summary. Coordinate With Third Party Administrators Gehrin Grou works closA with third �arty administrators TPA). As an ittegral va-t nf tit- -Prvirpg U LU Ull UICIII.b, lltf dLL dl. Lilt lidIbUTI VeLl I I No M 01WA liability, workers' compensation, presumption claims, and general liability claim acceptance. Hazard Assessments Gehring Group provides a detailed year round hazard assessment service as Agent of Record. Workers' Compensation assessments are typically understood to be a standard provision; however, in addition, Gehring Group provides supplementary assessments that offer insight into public funding that may be available through grants or Federal and State Emergency Management, such as FEMA, for mitigating projects. All of our hazard and risk assessments are customized to the City's needs and are performed by in-house staff and outside experts. � 10 26 GEHRING AGROUP 202 of 221 Respondent's Price Proposal. PRICE PROPOSAL In providing proposed pricing, we have proposed compensation in the form of a flat fee only. We are providing this flat fee noting that, per "Addendum No. I — 2011 Proposed Premiums and Fees", the commission paid by each carrier for the respective lines of coverage. We would propose quoting all coverages net of commission. Please be assured that 1) under our proposal, there would be no Proposed Compensation Gehring Group's goal is to work within the means of our clients to accomplish their goals and objectives. As such, we are open to additional discussion regarding all proposed compensation options for Insurance Broker Services. In the event the applicable carrier is unable to exclude commission, Gehring Group will offset the above proposed fee with such commission. Additional Services —Online Safety Training Gehring Group offers a robust on-line safety training program that addresses many areas of concern. The program is customized to each entity and is specific to your needs. Gehring Group offers this program for an additional annual cost of $10,000 for up to 3,000 individual training modules. This service provides individual certificates of completion for the City's records. Should the City elect to take advantage of this program, please refer to the above chart for Gehring Group's total annual cost. 33 GEHRINGAGROUP 203 of 221 Year 1 $60,000 $70.000 Year 2 $60,000 Year 3 $60,000 Gehring Group's goal is to work within the means of our clients to accomplish their goals and objectives. As such, we are open to additional discussion regarding all proposed compensation options for Insurance Broker Services. In the event the applicable carrier is unable to exclude commission, Gehring Group will offset the above proposed fee with such commission. Additional Services —Online Safety Training Gehring Group offers a robust on-line safety training program that addresses many areas of concern. The program is customized to each entity and is specific to your needs. Gehring Group offers this program for an additional annual cost of $10,000 for up to 3,000 individual training modules. This service provides individual certificates of completion for the City's records. Should the City elect to take advantage of this program, please refer to the above chart for Gehring Group's total annual cost. 33 GEHRINGAGROUP 203 of 221 AGREEMENT FOR "THREE YEAR CONTRACT FOR INSURANCE BROKER SERVICES" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and Arthur J. Gallagher Risk Management Services, Inc hereinafter referred to as "the Broker ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The BROKER is retained by the City to perform BROKER SERVICES in connection with the services outlined in RFP #033- 1710- 14 /JMA. 2. SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Broker to proceed. Broker shall perform all services and provide all work product required pursuant to this Agreement effective April 1, 2014. 4. TERM. This Agreement shall be for a period of three (3) years commencing April 1, 2014 through March 31, 2017 with optional renewals for two (2) one -year periods at the discretion of the City based on mutually agreed upon rates. 5. PAYMENT. The Broker shall be paid by the Provider /City for completed work and for services rendered under this Agreement as follows: a. The total contract price, Not to exceed $75,000 Annually, shall be the total amount of payment to Broker for services provided under this Agreement for the entire term of the Agreement b. Payment for the work provided by Broker shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Broker shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Broker may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Broker in the amount approved. d. Final payment of any balance due the Broker of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. f The Broker's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 204 of 221 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Broker in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Broker shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Broker's endeavors. 7. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Broker's own employees, or damage to property occasioned by a negligent act, omission or failure of the Broker. 9. INSURANCE. The Broker shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Broker nor any employee of Broker shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Broker, or any employee of Broker. 11. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Broker, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Broker, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 205 of 221 12. DISCRIMINATION PROHIBITED. The Broker, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Broker shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Broker. b. In the event of the death of a member, partner or officer of the Broker, or any of its supervisory personnel assigned to the project, the surviving members of the Broker hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Broker and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 ATTN: Lori LaVerriere, City Manager Notices to Broker shall be sent to the following address: Arthur J. Gallagher Risk Management Services, Inc. 2255 Glades Road Suite 200E Boca Raton, FL 33431 ATTN: Judith A. Arenz, CPCU 18. PUBLIC RECORDS_ The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.070 1, Fla. Stat., the contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 206 of 221 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. Statutes., 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 electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Broker and supersedes all prior negotiations, representations, or Agreements written or oral. This Agreement may be amended only by written instrument signed by both City and Broker. DATED this day of , 20 CITY OF BOYNTON BEACH: City Manager Attest /Authenticated: Broker Title City Clerk (Corporate Seal) Approved as to Form: Attest /Authenticated: 207 of 221 Office of the City Attorney Secretary Exhibit "A" Scope of Services RFP #033 - 1710- 14 /JMA The primary objective of this Request for Proposal is to establish a well - defined broker service program for the implementation and administration of the City of Boynton Beach's property and casualty and vehicle lines of insurance coverage. The successful proposer(s) will work closely with Risk Management to ensure that all of the City's potential loss exposures are adequately addressed through risk transfer /retention options. The City of Boynton Beach is requesting proposals for the purpose of selecting one, with a maximum of two insurance brokers and /or agents to provide Risk Management expertise and advice and to market and place property, casualty and vehicle insurance on its behalf. The selected broker(s) will be expected to provide a full range of services, including, but not limited to, placing the City's insurance coverage, assisting with insurance related issues, and providing insurance coverage recommendations. Proposers shall NOT approach any markets at this time and are not to respond by providing insurance quotations. There shall be no contact with carriers for the purpose of preparing proposals to the City. Proposals will be limited to presentations of service capabilities as they relate to the City's various exposures to loss. The selected broker(s) will be responsible for designing an insurance program acceptable to the City of Boynton Beach and that may include, but is not limited to, the following insurance coverage: I. Property Insurance: For the purpose of this proposal, property insurance encompasses municipal and utilities property insurance, and others that may be required by the City's Director of Human Resources /Risk Management. 2. Casualty Insurance: For the purpose of this proposal, casualty insurance includes general liability, workers' compensation, employee benefits liability, public officials and employees liability, special events, crime and facility use liability and other insurance that is typically referred to as Casualty. It does not include healthcare or short and long- term disability. 3. Automobile Liability and Physical Damage: This includes all City Vehicles. 208 of 221 The City retains the right to place any of this coverage directly with direct writers, pools or trusts when considered to be in the City's best interest. A. TRANSITION The City's existing property and casualty brokers are Arthur J. Gallagher and Ascension Insurance Administrators. The broker for the City's automobile liability insurance is Arthur J. Gallagher. They will continue to service the City until otherwise notified. The City's current automobile, property, and casualty policies expire March 31, 2014. All coverage and contracts are to be effective April 1, 2014. B. GENERAL REQUIREMENTS The awarded broker(s) shall provide the professional services necessary to perform the following general requirements at no additional charge included in their annual fee: 1. Awarded broker shall assist in risk exposure evaluations to identify and measure exposure to loss faced by the City. 2. Awarded broker shall prepare insurance coverage specifications in accordance with established risk/retention thresholds and advise on coverage issues concerning the City which include but are not limited to, insurance covering the common areas shared with other inter -local governments. 3. At the direction of the City's Director of Human Resources /Risk Management, the broker shall market insurance programs. The City generally will not ask more than one broker agency to obtain competing quotations from Underwriters because it believes that the account is best served by a fully informed firm working in partnership with the City to design and negotiate the most advantageous programs. 4. The awarded broker shall provide timely reports of progress in the markets. 5. The broker shall provide all quotations net of commission from the Underwriter(s) with detailed recommendations to the City on which Underwriter(s) would best provide the desired insurance coverage. The City will review proposed carriers and give approval of acceptability. 6. Awarded broker shall place the insurance coverage with the Insurer/Underwriter(s) chosen by the City on the most favorable terms and conditions. 7. Upon specific request from the City, broker shall assist in loss settlements with insurers. 8. Awarded broker shall provide verifications of insurance as needed by the City to satisfy various lending institutions, mortgage holders, lessors and contracts. 9. Awarded broker shall promptly deliver binders, policies and other related documents as needed and when required. 209 of 221 10. Awarded broker shall aid in the development and evaluation of risk retention/transfer alternatives which present reasonable means for the City to limit its loss exposure. 11. Awarded broker shall provide assistance in the form of advisory services or written reports as is customarily expected from a professional insurance agent /broker upon the City's request. 12. Awarded broker shall review insurance company recommendations for appropriateness. 13. Awarded broker shall have knowledge of package programs that may provide coverage for multiple lines of insurance. 14. Awarded broker shall have knowledge of and access to Florida Public Entity pools or trust. 15. Awarded broker shall have the ability to provide an analysis of probable maximum loss maximum foreseeable loss calculations prepared in a form and in a manner acceptable to potential insurers. 16. Awarded broker shall suggest alternative risk financing vehicles to reduce the City's cost of Risk. 17. Awarded broker shall provide insurance coverage summaries and /or descriptions as requested by the City. 18. As request by the City, awarded broker shall provide schedule of policies, policy period, coverage provisions and premiums. 210 of 221 AGREEMENT FOR "THREE YEAR CONTRACT FOR INSURANCE BROKER SERVICES" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and Gehring Group, Inc. hereinafter referred to as "the Broker ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 5. PROJECT DESIGNATION. The BROKER is retained by the City to perform BROKER SERVICES in connection with the services outlined in RFP #033- 1710- 14 /JMA. 6. SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 7. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Broker to proceed. Broker shall perform all services and provide all work product required pursuant to this Agreement effective April 1, 2014. 8. TERM. This Agreement shall be for a period of three (3) years commencing April 1, 2014 through March 31, 2107 with optional renewals for two (2) one -year periods at the discretion of the City based on mutually agreed upon rates. 5. PAYMENT. The Broker shall be paid by the Provider /City for completed work and for services rendered under this Agreement as follows: a. The total contract price, Not to exceed $60,000 Annually, shall be the total amount of payment to Broker for services provided under this Agreement for the entire term of the Agreement b. Payment for the work provided by Broker shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Broker shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Broker may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Broker in the amount approved. d. Final payment of any balance due the Broker of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. f The Broker's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 211 of 221 18. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Broker in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Broker shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Broker's endeavors. 19. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 20. INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Broker's own employees, or damage to property occasioned by a negligent act, omission or failure of the Broker. 21. INSURANCE. The Broker shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 22. INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Broker nor any employee of Broker shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Broker, or any employee of Broker. 23. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Broker, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Broker, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 212 of 221 24. DISCRIMINATION PROHIBITED. The Broker, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 25. ASSIGNMENT. The Broker shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 26. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 27. TERMINATION. c. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Broker. d. In the event of the death of a member, partner or officer of the Broker, or any of its supervisory personnel assigned to the project, the surviving members of the Broker hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Broker and the City, if the City so chooses. 28. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 29. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 ATTN: Lori LaVerriere, City Manager Notices to Broker shall be sent to the following address: Gehring Group, Inc. 11505 Fairchilde Gardens Avenue Suite 202 Palm Beach Gardens, FL 33410 ATTN: Kurt Gehring 18. PUBLIC RECORDS_ The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.070 1, Fla. Stat., the contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 213 of 221 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. Statutes., 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 electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Broker and supersedes all prior negotiations, representations, or Agreements written or oral. This Agreement may be amended only by written instrument signed by both City and Broker. DATED this day of , 20 CITY OF BOYNTON BEACH: City Manager Attest /Authenticated: Broker Title City Clerk (Corporate Seal) Approved as to Form: Attest /Authenticated: 214 of 221 Office of the City Attorney Secretary Exhibit "A" Scope of Services RFP #033 - 1710- 14 /JMA The primary objective of this Request for Proposal is to establish a well - defined broker service program for the implementation and administration of the City of Boynton Beach's property and casualty and vehicle lines of insurance coverage. The successful proposer(s) will work closely with Risk Management to ensure that all of the City's potential loss exposures are adequately addressed through risk transfer /retention options. The City of Boynton Beach is requesting proposals for the purpose of selecting one, with a maximum of two insurance brokers and /or agents to provide Risk Management expertise and advice and to market and place property, casualty and vehicle insurance on its behalf. The selected broker(s) will be expected to provide a full range of services, including, but not limited to, placing the City's insurance coverage, assisting with insurance related issues, and providing insurance coverage recommendations. Proposers shall NOT approach any markets at this time and are not to respond by providing insurance quotations. There shall be no contact with carriers for the purpose of preparing proposals to the City. Proposals will be limited to presentations of service capabilities as they relate to the City's various exposures to loss. The selected broker(s) will be responsible for designing an insurance program acceptable to the City of Boynton Beach and that may include, but is not limited to, the following insurance coverage: 1. Property Insurance: For the purpose of this proposal, property insurance encompasses municipal and utilities property insurance, and others that may be required by the City's Director of Human Resources /Risk Management. 2. Casualty Insurance: For the purpose of this proposal, casualty insurance includes general liability, workers' compensation, employee benefits liability, public officials and employees liability, special events, crime and facility use liability and other insurance that is typically referred to as Casualty. It does not include healthcare or short and long- term disability. 3. Automobile Liability and Physical Damage: This includes all City Vehicles. The City retains the right to place any of this coverage directly with direct writers, pools or trusts when considered to be in the City's best interest. 215 of 221 A. TRANSITION The City's existing property and casualty brokers are Arthur J. Gallagher and Ascension Insurance Administrators. The broker for the City's automobile liability insurance is Arthur J. Gallagher. They will continue to service the City until otherwise notified. The City's current automobile, property, and casualty policies expire March 31, 2014. All coverage and contracts are to be effective April 1, 2014. B. GENERAL REQUIREMENTS The awarded broker(s) shall provide the professional services necessary to perform the following general requirements at no additional charge included in their annual fee: 1. Awarded broker shall assist in risk exposure evaluations to identify and measure exposure to loss faced by the City. 2. Awarded broker shall prepare insurance coverage specifications in accordance with established risk/retention thresholds and advise on coverage issues concerning the City which include but are not limited to, insurance covering the common areas shared with other inter -local governments. 3. At the direction of the City's Director of Human Resources /Risk Management, the broker shall market insurance programs. The City generally will not ask more than one broker agency to obtain competing quotations from Underwriters because it believes that the account is best served by a fully informed firm working in partnership with the City to design and negotiate the most advantageous programs. 4. The awarded broker shall provide timely reports of progress in the markets. 5. The broker shall provide all quotations net of commission from the Underwriter(s) with detailed recommendations to the City on which Underwriter(s) would best provide the desired insurance coverage. The City will review proposed carriers and give approval of acceptability. 6. Awarded broker shall place the insurance coverage with the Insurer/Underwriter(s) chosen by the City on the most favorable terms and conditions. 7. Upon specific request from the City, broker shall assist in loss settlements with insurers. 8. Awarded broker shall provide verifications of insurance as needed by the City to satisfy various lending institutions, mortgage holders, lessors and contracts. 9. Awarded broker shall promptly deliver binders, policies and other related documents as needed and when required. 10. Awarded broker shall aid in the development and evaluation of risk retention/transfer alternatives which present reasonable means for the City to limit its loss exposure. 216 of 221 11. Awarded broker shall provide assistance in the form of advisory services or written reports as is customarily expected from a professional insurance agent /broker upon the City's request. 12. Awarded broker shall review insurance company recommendations for appropriateness. 13. Awarded broker shall have knowledge of package programs that may provide coverage for multiple lines of insurance. 14. Awarded broker shall have knowledge of and access to Florida Public Entity pools or trust. 15. Awarded broker shall have the ability to provide an analysis of probable maximum loss maximum foreseeable loss calculations prepared in a form and in a manner acceptable to potential insurers. 16. Awarded broker shall suggest alternative risk financing vehicles to reduce the City's cost of Risk. 17. Awarded broker shall provide insurance coverage summaries and /or descriptions as requested by the City. 18. As request by the City, awarded broker shall provide schedule of policies, policy period, coverage provisions and premiums. 217 of 221 14. A FUTURE AGENDA ITEMS March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 14 -002 - SECOND READING - Rescinding Ordinance 13 -014 - land use designation for 125 East Ocean Avenue - 3/18/2014 (This item is scheduled for the February 25, 2014, Planning & Development Board meeting) EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 218 of 221 14. B FUTURE AGENDA ITEMS March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: An Ordinance rescinding Ordinance 13 -001 which established a local /city historic designation for the old high school. Future item March 18, 2014 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 219 of 221 14. C FUTURE AGENDA ITEMS March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Award Police Facility architect and design contract and Task Order No. 1 for space needs update and preliminary cost estimate. 3 -18 -14 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 220 of 221 14. D FUTURE AGENDA ITEMS March 4, 2014 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 4, 2014 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: A Strategic Planning Update Workshop with Lyle Sumek will be held on April 24, 2014 from 9:00 a.m. to 12:00 noon at the Intracoastal Park Clubhouse located at 2240 N. Federal Highway in Boynton Beach, FL EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 221 of 221