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Agenda 10-06-09 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 TUESDAY, OCTOBER 6,2009 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor - At Large Woodrow Hay Vice Mayor - District II Ron Weiland Commissioner - District I Jose Rodriguez Commissioner- District III Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www. boynton-beach. org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC P ARTICIP A TION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day) - 2 - 1. OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance led by Mayor Jerry Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Approve the proposed monument commemorating "The Korean War". Announce the receipt of the 2009 Flo Goldman Award by our Nationally Accredited Senior Center and recognize the Senior Center staff, including center supervisor Steve lulkin, for the outstanding job they have done making this one of our most popular and active facilities. Declare a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS Will BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE Accept the resignation of Amber Barritt, an alternate member of the Planning and Development Board Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENT AGENDA Approve the Minutes from the City Commission meeting held on September 14, 2009.. PROPOSED RESOLUTION NO. R09-140 - Approve a "piggyback" to the City of Pompano's contract with Nalco approved on January 13, 2009 (1-13-09) via Bid H-45- 08 with the same terms, conditions, specifications and pricing. This contract will be used to purchase anti-scalant (PC-1850T) and control its dosage for the removal of - 3 - solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $98,000. The City of Pompano Beach complied with public contract bid requirements equal to or which exceeds Boynton Beach's requirements. PROPOSED RESOLUTION NO. R09-141 - Support the elimination of the cap on the State and Local Housing Trust Funds and supporting full appropriation of the housing trust funds for housing programs. PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. PROPOSED RESOLUTION NO. R09-143 - Approve the Local Agency Program (LAP) Agreement between the City of Boynton Beach and Florida Department of Transportation (FDOT) for the construction and construction-engineering-inspection (CEI) services of the Seacrest Boulevard Roadway Improvements project. PROPOSED RESOLUTION R09-144 - Approve the Bill of Sale and Utility Easement; and also to release all surety for the water and sewer systems for the former Eckerds Pharmacy located at the northwest corner of Boynton Beach Blvd. and US 1 in Boynton Beach. Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RP1 001). PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment Installations, Inc. for removal and closure of four (4) existing underground 10,000 gallon diesel and unleaded underground fuel storage tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at the Public Works Complex. Work to include installation and start up of a new above ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon hydraulic and waste oil tanks. Total project cost with options is $425,450.00 plus 5% contingency in the amount of $21 ,272.50 and is funded from the Fleet Maintenance Division account #501-2516-519-6325 (project #RP1 001). PROPOSED RESOLUTION NO. R09-146 - Authorize the execution and payment of the annual service agreement between Motorola and the City of Boynton Beach in the amount of $138,676.32. Approve participation in the State of Florida Department of Management Services Fuel Card Program (#973-163-06-1) for emergency use only. The State Contract complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements.. Approve settlement of claim for costs associated with the connection of public sewer system to 815 Bamboo Lane. - 4 - Authorize the reallocation of $1,500 from Boynton Isles to the Jayne E. Miller Nursing Scholarship Fund from Commissioner Rodriguez's Community Investment Fund. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS 8. PUBLIC HEARING 7 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Plan ning Agency and City Commission 9. CITY MANAGER'S REPORT Provide direction to staff regarding banners and decorations for the upcoming holiday season. 10. FUTURE AGENDA ITEMS 11. NEW BUSINESS Discussion of a process and procedure for appointing a new seven member CRA Board. This item is placed on the agenda at the request of Commissioner Rodriguez. Discussion of status of proposed Green Market at Boynton Beach Mall. 12. LEGAL 13. UNFINISHED BUSINESS 14. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 10/1/09 \ \APps3\AUTO \DA TA \36\AGENDAS \ CITYCOMMISSION MEETING _BACKU P. DOC - 5 - 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 i:8J ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Approve the proposed monument commemorating "The Korean War". EXPLANA TION OF REQUEST: The Boynton Veterans Council is offering to fund this monument to be placed at the Veterans Memorial at Bicentennial Park. The Boynton Beach Veterans' Advisory Commission voted on September 9,2009, to recommend that the City Commission accept this monument for placement at Bicentennial Park. All costs are to be borne by the Boynton Veterans' Council. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Recreation & Parks Department will be authorized to site the monument as there are other monuments located within the Park. The Boynton Veterans' Council will be required to provide a signed and sealed drawing of the foundation which will need to be submitted to the Permitting offices for approval. The Boynton Veterans' Council will also be required to provide a signed and sealed report from an engineer affirming that the monument will withstand the required wind load, which must be submitted in conjunction with the foundation permit application. These requirements have been noted to and accepted by the Co-Chair of the Boynton Veterans' Council. FISCAL IMPACT: The Boynton Veterans' Council has agreed to fund this project at no cost to the City. AL TERNA TIVES: Reject the offer of the Boynton Veterans' Council. - 6 - SE' F _,?S__~~__! 0 =-~.8.~ __~~!1_ .IS!I_ is er 5612761976 - . p. 1 sub pJaque1 BI1000D9 9:17:3~ AM _, 8l;ale.: 1 :3.76 Height 38.2UU UlrJ9U'I. 0::0."".... M' - KOREAN WAR 19~50 - 1953 T ,.. MAJOR BAntES H E L1t1NA ..-4". ~ F ~{) ....:~ 0 \lE1IY tIEAVY LOSSES R CHANGJIN * BY u.s... .....E CORPS G ..s. MIlT ItOtM;IIM* ~.~ 1l.S. "DUNIQItK"" T '-' T E ~ (A bP N J,1 {J11 tv' W A R FREEDOM IS NOT FREE "THE CHOSEN FEW" - 7 - 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 i:8J ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Announce the receipt of the 2009 Flo Goldman Award by our Nationally Accredited Senior Center and recognize the Senior Center staff, including center supervisor Steve Lulkin, for the outstanding job they have done making this one of our most popular and active facilities. EXPLANA TION OF REQUEST: Each year, the Florida Association of Senior Centers recognizes a member organization for distinguished service in the field of Senior Center services. This award recognizes the quality of the programs and services offered to seniors in our community. Flo Goldman was an advocate and passionate leader of senior services. She set the standard for excellence in the development and promotion of Senior Centers throughout the State of Florida. She created a network of state leaders in senior services and was the first president of the Florida Association of Senior Centers. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES: This award further recognizes the excellent services provided by the Sf. Center. We anticipate that this type of recognition will improve the center's ability to attract sponsors and other potential funding sources, such as grants and foundations. FISCAL IMPACT: n/a AL TERNATIVES: n/a - 8 - (THIS PAGE INTENTIONALL Y LEFT BLANK) - 9 - 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1 0-06-2009 i:8J ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Declare a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach EXPLANA TION OF REQUEST: The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. In October 2005, the City of Boynton Beach adopted an Art in Public Places Program and supports the program through the guidance and authority ofthe Arts Commission, which has consistently recognized the importance of this industry. Barbara Ready, Arts Commission Chair, will accept the declared proclamation. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise awareness of Arts and Culture in the City of Boynton Beach. FISCAL IMPACT: None AL TERNATIVES: Not to declare a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach. - 10 - I I I PROCLAMA TION I i I , The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country, as well as by the '.\ihite House, and for more than two decades. I I The arts and humanities afIect every aspect of life in America today, including the economy, social problem solving, job creation, education, creativity and community livability. I Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of /\mericans and the health of thriving communities during National Arts and Humanities Month. The mis industry in Palm Beach County, represented by cultural organizations and that participated in the Americans for the Arts Economic Prosperity Study III, strengthens our local economy by generating $209.] million in economic impact and supported 4,812 full tilne equivalent jobs in one year alone. Those same pmiicipants provided public financial support by generating more than $9.8 million in local taxes and $9.6 million in state taxes. Since October 5, 2005, the City of Boynton Beach adoptcd and supports its Ari in Public Places program and through the guidance and authority of the Arts Commission has consistently rccognizcd the importance of this industry. Now, therefore, 1, JelTY Taylor, by virtuc ofthc authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim the month of October as: "National Arts and Humanities Month" in Boynton Beach and urge that citizens participate and celebrate the arts and humanities. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach, Florida, the 6th day of October two thousand and nine. Jerry Taylor, Mayor ATTEST: City of Boynton Beach Janet M. Prainito, CMC City Clerk (Corporate Seal) - 11 - Submitted by Debby Coles-Dobay, Public Art Administrator ext 6026 PROCLAMATION City of Boynton Beach, Florida DECLARING THE MONTH OF OCTOBER, 2009 AS NATIONAL ARTS AND HUMANITIES MONTH IN THE CITY OF BOYNTON BEACH The month of October has been recognized as National Arts and Humanities Month by thou- sands of arts and cultural organizations, communities and states throughout the country, as well as by the White House and for more than two decades, and: The arts and humanities affect every aspect of life in America today, including the economy, social problem solving, job creation, education, creativity and community livability, and: Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month, and: The arts industry in Palm Beach County, represented by cultural organizations and that partici- pated in the Americans for the Arts Economic Prosperity Study III, strengthens our local econ- omy by generating $209.1 million in economic impact and supported 4,812 full time equivalent jobs in one year alone, and: Those same participants provided public financial support by generating more than $9.8 million in local taxes and $9.6 million in state taxes. and: Since October 5, 2005, the City of Boynton Beach adopted and supports its Art in Public Places program and through the guidance and authority of the Arts Commission has consis- tently recognized the importance of this industry. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim the month of October as: "National Arts and Humanities Month" in Boynton Beach and urge that citizens participate and celebrate the arts and humanities. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach, Florida, the 6th day of October two thousand and nine. - 12 - (THIS PAGE INTENTIONALL Y LEFT BLANK) - 13 - 5. A ADMINISTRATIVE October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT i:8J ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of Amber Barritt, an altemate member of the Planning and Development Board EXPLANATION OF REQUEST: Amber Barritt has submitted a letter of resignation stating her reason as absences. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Planning and Development Board will have only one alternate. FISCAL IMPACT: None AL TERNATIVES: Allow Ms. Barritt to continue to serve on the Board. - 14 - 2 Crossing Circle #E Boynton Beach, Florida 33435 September 1, 2009 Mr. Michael Rumpf Planning and Zoning Director City of Boynton Beach 100 Boynton Beach Blvd P.O. Box 310 Boynton Beach, Florida 33425-0310 Dear Mike, I want to thank you and the Planning and Zoning Department for the opportunity to work together on the Planning and Development Board. As you are aware, I have missed three meetings to date for various work and personal conflicts. With the rescheduling of the September board meeting, I am unable to make the new meeting date as I will be traveling out of state. This would then be my fourth meeting absence. Unfortunately, the City ordinance requires removal of any Board member who misses more than three meetings regardless of whether the meeting was rescheduled. Therefore, I no longer will be able to serve on the Board. I have enjoyed my time on the Planning and Development Board. Please extend my best wishes to all of the members of your staff as well as the rest of the Board members. I hope to work with all of you again in the future to help foster the growth and continual improvement of the City of Boynton Beach. Very truly yours, Amber M. Barritt - 15 - 5. B ADMINISTRATIVE October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT i:8J ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various advisory boards. Vacancies on the boards are listed in the agenda along with the designated Commission member having responsibility for the appointment to fill the vacancy. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The boards listed will not be full boards and may compromise the efficiency of the individual board. FISCAL IMPACT: None AL TERNA TIVES: Allow the vacancy to remain unfilled. - 16 - Appointment Length of Term To Be Made Boa rd Exoi ration Date I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2) II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 I Weiland Cemetery Board Alt 1 yr term to 12/09 (Tabled 3) II Hay Cemetery Board Reg 3 yr term to 12/09 II Hay Code Compliance Board Alt 1 yr term to 12/09 (Tabled 3) Mayor Taylor Community Relations Bd. Alt 1 yr term to 12/10 I Weiland Community Relations Bd. Alt 1 yr term to 12/10 IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 2) Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 2) I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 2) IV Ross Library Board Alt 1 yr term to 12/09 III Rodriguez Library Board Alt 1 yr term to 12/09 (Tabled 2) II Hay Recreation & Parks Adv. Bd. Alt 1 yr term to 12/09 III Rodriguez Recreation & Parks Adv. Bd. Alt. 1 yr term to 12/09 - 17 - Last Name First 1st Choice 2nd Choice 3rd Choice Name Anton Steve Arts Com Farrington John Veterans Commission McVey Jack Recreation & (See NOTE) Parks *Scantlan Don Veterans Commission * Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises. S:\CC\WP\BOARDS\APPMENTS\Board Year 2009\Applicants Eligible for Appointment 1O-06-09.doc - 18 - (THIS PAGE INTENTIONALL Y LEFT BLANK) - 19 - 6. A CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meeting held on September 14,2009.. EXPLANATION OF REQUEST: The City Commission met on September 14,2009 and minutes were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: N/A AL TERNA TIVES: N/ A - 20- (THIS PAGE INTENTIONALL Y LEFT BLANK) - 21 - 6. B CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-140 -Approve a "piggyback" to the City of Pompano's contract with Nalco approved on January 13, 2009 (1-13-09) via Bid H-45-08 with the same terms, conditions, specifications and pricing. This contract will be used to purchase anti-scalant (PC-1850T) and control its dosage for the removal of solids at the West Water Treatment Plant 0MNTP). The annual expenditure is estimated at $98,000. The City of Pompano Beach complied with public contract bid requirements equal to or which exceeds Boynton Beach's requirements. EXPLANATION OF REQUEST: : In membrane treatment processes, as utilized at the WWTP, removal of solids from the raw water also results in deposition of those very solids on the membrane surfaces. This results in ineffective membranes and so, to counteract this, anti-scalants are used to keep the solids in solution while being removed. Currently, the WWTP relies on sulfuric acid to reduce plating of the membranes. The cost of sulfuric acid is based on a surcharge linked to the price of oil resulting in a cost increase from $0.06/lb to $0.15/lb between 2008 and 2009 (current cost is about $0.09/lb). If oil prices rise as forecasted, sulfuric acid costs will increase once more. Other criteria utilized in this recommendation were: (i) documented local usage of the anti-scalant with reduced or no acid usage: The Cities of Plantation, Miramar, Hallandale, Fort Lauderdale and Pompano all use or are testing the anti-scalant. The City of Plantation has used the product for more than ten (10) years with no sulfuric acid usage. (ii) documented usage on similar source water: The City of Pompano has water chemistry very similar to that of the WWTP and tested the PC-1850T product for more than six (6) months, slowly reducing sulfuric acid usage to zero, with very good results. They have realized a savings of $150,000 thus far. (iii) real-time monitoring and control of the anti-scalant dosage: Other anti -scalant companies recommend monitoring the flow of product via a flowmeter but a line breakage or blockage would not be detected until it was too late, resulting in damaged membranes or - 22- loss of product. The fluorescence ofNalco's anti-scalants is measured by special equipment which detects the presence and amount of anti-scalant in the source water. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continuing the use of sulfuric acid will protect the membranes from plating but at a very significant cost. Utilizing Nalco anti-scalants will reduce sulfuric acid costs and minimize safety hazards by reducing the volume stored on site due to lower usage. FISCAL IMPACT: Percent Acid Reduction 67%1 80%1 90% Acid Usage Feed pH 7.25 7.25 7.25 Proposed pH 6.7 6.9 7 Estimated Cost per Ib of acid $ 0.09 $ 0.09 $ 0.09 Current Estimated Annual Acid Cost $ 322,717.58 $ 322,71 7.58 $322,717.58 Proposed Estimated Annual Acid Cost $106,496.80 $ 64,543.52 $ 32,271.76 PC-1850T Dosage of 1850T (ppm) 1.80 2.00 2.20 Tote Cost per Ib ofPC-1850T $ 1.49 $ 1.49 $ 1.49 Annual ProQram Cost - PC-1850T - Totes $ 76,840.25 $ 85,378.05 $ 93,91 5.86 Annual SavinQs wit h. PC-1850T .in totes $ .139,380.53 $172,796.01 $196,529.96 Bulk Cost per Ib of PC-1850T $ 1.39 $ 1.39 $ 1.39 Annual Program Cost - PC-1850T - Bulk $ 71 ,683.18 $ 87,183.02 $ 97,439.85 Annual Savings with. PC-1850T. in. Bulk $ .144,537.59 $.178,526.08 $202,833.04 AL TERNATIVES: The City of Boynton Beach could issue its own bid or look for other contracts to utilize. However, this may lead to acid substitution at a significantly higher cost. - 23 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" OF A CITY OF POMPANO BEACH CONTRACT BID #H-45-08 WITH NALCO COMPANY OF NAPERVILLE, ILLINOIS, FOR THE PURCHASE OF ANTI- SCALANT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Pompano Beach has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" a City of Pompano Beach Contract Bid #H-45-08 and authorizes the Mayor and City Clerk to sign a Contract with NALCO Company of N aperville, Illinois for the purchase of anti -scalant for the West Water Treatment Plant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggy-back" of a City of Pompano Beach Contract Bid #H-45-08 and authorizes the Mayor and City Clerk to sign a Contract with NALCO Company of Naperville, Illinois for purchase of anti- scalant for use at the West Water Treatment Plant, a copy of the Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of October, 2009. - 24- CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 25 - CONTRACT FOR THE PURCHASE OF ANTI-SCALANT This Agreement is made as of this _ day of , 2009 by and between NALCO COMP ANY, of Naperville, Illinois, a foreign corporation authorized to do business in the State of Florida, with offices at 1601 West Diehl Road, Naperville, Illinois 60563-1198 ("NALCO"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at I 00 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, NALCO, submitted a letter proposal dated August 29, 2009 to the City for the purchase of anti-scalant by the City for an annual expenditure of $98,000.00 at prices, terms and conditions based on City of Pompano Beach Contract Bid #H-45-08; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and NALCO, agree that NALCO shall provide anti-scalant to the City pursuant to NALCO'S letter proposal dated August 29,2009 and incorporating the terms and conditions for performance as set forth in City of Pompano Beach Contract Bid #H-45-08, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the City of Pompano Beach shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010/ Facsimile: (561) 742-6090 Copy: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The letter proposal from NALCO dated August 29,2009, is attached hereto Exhibit "B". Section 3. In the event that the City of Pompano Beach Contract is amended, or terminated, NALCO shall notify the City within ten (10) days. In the event the City of Pompano Beach Contract is - 26- amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The NALCO agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Pompano Beach Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Jerry Taylor, Mayor City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney NALCO COMPANY WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY - 27- EXHIBIT A AGREEMENT BETWEEN CITY OF POMPANO BEACH AND NALCO COMPANY - 28 - N NALCO Nalco Company Municipal - ICG 1601 West Diehl Road Naperville, IL 60563-1198 August 29th 2009 City of Boynton Beach Utilities Dept. Attn: Bevis Pigott, Division Manager, Water Quality and Treatment 124 E. Woolbright Rd Boynton Beach, FL 33435 Mr. Pigott, Please accept this letter as evidence that Nalco Company approves of the use of our PC-1850T for thc City of Boynton Beach under the same terms and conditions as provided in bid H-45-08 with the City of Pompano Beach. Sincerely, Patrick St. Jules Inside Sales Nalco Company - 29- . r,'<\., -::. '. ,'.' ." .^ .. ". .",C. ..K"..' . . <!Il Phone: (954) 545-7016 City of Pompano Beach Fax: (954)545-7046 UTILITIES TREATMENT PLANT MEMORANDUM NO. 09-07 DATE: December 8,2008 RECEIVED TO: Leela Hardin, General Services Director AUG 1 4 2009 VIA: A. Randolph Brown, Utilities Director BOYNTON BEACH UT/llF~f' =, ,."j FROM: Don Bayler, Utilities Treatment Plants Superintendent SUBJECT: Recommendation to Purchase Antiscalant ISSUE: The City of Pompano Beach, Utilities Department requires anti-sealant for the membrane treatment process to ensure the removed dissolved solids (concentrate) does not plate out onto the membranes making the membranes ineffective. Presently the Utilities Department uses a combination of sulfuric acid and an anti-sealant to reduce plating of the membranes. This past year the cost of sulfuric acid has increased five (5) fold from $65.00Iton to $303,00/ton. At the time the Commission awarded the sulfuric acid bid, the Utilities Department stated they were investigating other options in lieu of using sulfuric acid. The anti-sealant bid proposal before the City Commission will reduce the need of using sulfuric acid by 75% or more, and will continually monitor and control the anti-scalant dosage in the source water going to the membrane treatment units, further protecting the expensive membranes. EXPLANATION: Three (3) vendors submitted written bid proposals to the City's Purchasing Department for an annual contract to purchase anti-sealant. The bid specifications have several special conditions all of which are important, three (3) of which are critical. The three critical special conditions are; localized testing of the product with reduced or no sulfuric acid, the anti-sealant's physical and chemical properties and the monitoring and control equipment needed to protect the membranes should the anti-scalant fail to feed properly. The three critical special conditions are discussed as follows: Local testing of the product with reduced or no sulfuric acid: Only the Nalco Company product has been tested locally with reduced or no acid. The Utilities that use or are testing this product are the Cities of Plantation, Miramar, Hallandale and Fort Lauderdale. Furthermore, it is very significant that the City of Plantation has used this product for more than ten (10) years without the need to use sulfuric acid. All of these Utilities' source waters are similar to the City of Pompano Beach's source water. More importantly, using a two stage membrane testing unit the Utilities Department has tested this product for more than six (6) months, slowly reducing the sulfuric acid to zero, with very good results. G:\wat<lr PlannMEMOS'2009l09-<l7.doc - 30 - The physical and chemical properties of the product: All vendors submitted a material safety data sheet (MSDS) summarizing their anti-sealant physical and chemical properties. Only the Nalco product complies WITh the special conditions. The Nalco product is a base product, above a pH of 7. The other two products submitted are acids, below a pH of 7. Furthermore, the other products have a lower specific gravity and the product vendors recommend a higher dosage requirement. The monitoring and control equipment to protect the membranes: Only the Nalco product has the ability to protect the membranes by monitoring and controlling the actual dosage of the anti-sealant going to the membrane treatment units. The other manufactures recommend monitoring the flow of the anti-sealant leaving the metering pump(s). This method of monitoring, should a break or blockage occur in the anti-sealant feed line may not be detected quickly enough to protect the membranes. The anti-sealant would not feed to the source water going to the membrane treatment units substantially increasing the potential of damaging the valuable membranes. Based on the information received in the bid packages there is only one product that meets the bid package special conditions, and that is the Nalco Company 1850T anti-sealant. Be advised the Utilities Department has a two (2) stage membrane test skid and the Department encourages product testing. More product approvals allow for more competitive pricing. Recommendation: Based on the above product summary review and the attached "Product Comparison and Specification Compliance Chart" there is only one responsive bidder, and that is the Nalco Company with the 1850T anti-sealant. While product pricing is higher than the previous anti- scalant bid ($0.62/lbs vs. $1.19/lbs) the required dosage is almost halved (4mg/L vs. 2.5mg/L) effectively costing the Utilities Department about the same. Additionally, there is a reduction in the use of sulfuric acid by at least 75%, saving the Department approximately $210,500.00 annually. The Utilities Department recommends awarding Nalco Company as the Utilities Department's supplier of anti-scalant as addressed in Bid No. H-45-08. The estimated annual cost for the anti- sealant is $80,000.00. Funding is available in the water treatment plant chemical account, number 412-3320-533-52-05. G:\W~ter P~""nt\M.EMOS\2009\Og.Q7,dtJc - 31 - 1'11/14/201'19 13: 19 954786416B COPB PURCHASING PAGE 02/02 . City of Pompano Beach, Purchasi,ng Division '1In'1Fl$lMlRfllll1lh ( 1II..~4 1190 N.E. 3rd Avenue, Building C IlIHMfCIIIlr , , III.' Pompano Beach, Florida, 33060 1005 January 14,2009 Patrick St Jules, Inside Sales Rep, Naleo Company 1601 W. Diehl Rd. Napervitle, IL 605"63 Via Facsimile (630) 305-2646 Dear Mr. St. Jules, The City Commissi011, at their Janus'ty 13 meeting, agenda item #1, approved award ofa contract to your company for the following: Bid H-45-08, Antisca1ant The contract period shall be one year, through January 12, 2010. The City will place orders for antiscalant as needed at the unit price bid throughout the contract period. The specifications, tenns, and \ conditions of the Bid shall remain firm for thc initial contract period, and any renewal period. Contract \ renewal may be made as per the terms contained in the bid document. As required by the Bid specifications, plc:.ase f(ltWlI.Td current insurance certificates to tile Purchasing office within ten (10) days ofr<<:eipt of this letter. I have enclosed a copy of the Insurance section from the Bid for your reference. Please have your insurance agent fax copies of the certificate(s) to tbe Purchasing office at (95"4) 786-4168, and mail the CUr;er.lt certi.ficatc(s) to City of Pompano Beach, Attention Risk Mana~l 100 West Atlantic Boulevard. Pompano Beach, Florida, 33060. After the insurance certificate has been approved by the Risk Manllger a P\lrehase Order will be issued for the project. If you have questions regarding the terms of the contract, please telephone me at (954) 786-4098. Thank you. Very truly yours, ~(Hcuu9-: Leeta Hardin General Services Director end OSU1'e t&~ cc; Don Bay1er, Utilities ( file - 32 - . ,::",;~ . :-,;,:'::! ,:~"':,,,~'\.,j..,/7. N NALCO Engineering Service Department ( Graphic Report Form '. Company Date Address City State Zip Subject COAlC.LA/JlCA/t(}7fJ //zECdWrZY C'f1<-C . By / / )0 c 4 L.C viA ;'"'"C /?Cc:-ovlEa/ UDN'C- -/7eF(.S~ (2) 5i-1c.ffZJ1CrC r- c-env Tv I (LcJ;lj)M~~ o /lIE co7[f) ;/c IRsv'! U::Y:;'4d~ (J;; jN-JE c ;- /k'o -;)tJO <:-.C @F C(f'-NC~.re /AJ)O CELL (l) ;2 €-co-/t.LJ C:ff7f./cff~ jJ c - I&-:S(j 1 uos..-.tee ~tJ 'I:' CCcr0 yo s-A C!f' C ~-5E.d) (ff) CkLC()L~ .. O:J AX- f:;jJf fZI+ 77 DtU Plk-7n(L "'I Dt fit DI tJ G-- CoAJL6J7i2A-rf; D05A-6 b- By p-ee-() f] ()~ !tt; G (CF) (l;J !2:-t;(-OJet2i z:- cp-/ ~ cF .- ( NOTE: Drawings should show dimensions clearly and accurately at all pertil1en1 points. Nalco Company FOrm '48 (2.Q4) 1601 West Diehl Road. Naperville, IL 60563-1198 - 33 - Mee~~~~ C (J1A ;tfPfbue::D 1-/;-07 1/13/09 Agenda Item REQUESTED COMMISSION ACTION: I , Consent Ordinance Resolution Consideration/D is cuss ion _ Workshop \ ~ - - SHORT TITLE Approval to award Bid H-45-08, Antiscalant, to the low responsive bidder, Nalco Company, for an annual open-end contract, at an estimated cost of $80,000.00 per year, to be paid for from the Water Treatment budget. Summary of Purpose and Why: Bid H-45-08 was issued to establish an annual, open-end contract for the purchase of antiscalant chemical, as needed, for use in the Water Treatment Plant. Bid award is recommended to the lowest bidder complying with specifications, Nalco Company, at the unit price bid. The contract period is one year, commencing upon award, with contr~ct renewal possible as stated in the bid specifications. Based on the estimated quantity of chemical required, and the unit price submitted by the recommended bidder, annual expenditures may total $80,000.00. City Commission approval of this contract award is requested. (1) Origin of request for this action: Staff . (2) Primary staff contact:: A. Randolph Brown, Utilities Director 954 545-7044 3) Expiration of cqntract, if applicable: see above (4) FIscal impact and source of funding: As needed, from budgeted funds in account 412-3320-533.52-05, Utilities Fund/Water Treatment/Chemicals. DEPARTMENTAL DEPARTMENTAL DEPARTMENTAL HEAD SIGNATURE COORDINATION DATE RECOMMENDATION Utilities General Services i'L'., I /6"6 CGP+A~ ~~ ?i~&: Budget Finance _ Advisory Board L City Manager ACTION TAKEN BY COMMISSION: Ordinance Resolution Consideration Workshop 1s1 Reading 1st Reading Results: Results: \ ,1d Reading COpy I - 34 - MEMORANDUM Pi.1rchasing #09-027 December 31, 2008 To: Keith Chadwell, City Manager From: Leeta Hardin, General Services Director ~~ Subject: Award Bid H-45-08, Antiscalant Contract Need/Bacbrround Bid H-45-08 was issued to establish an annual, open-end contract for the purchase of antiscalant, as needed, to be used at the water treatment plant. The Utilities Director recommends the contract be awarded to Nalco Company, the lowest bidder meeting specifications, as detailed in the attached memorandum. Attached you will find copies of the memorandum and bid award recommendation form' submitted by the Utilities Department, the bid tabulation, and bid solicitation document. Also attached are memoranda from the Utilities Department and the City Attorney's Office regarding the indenurification clause applicable to this bid award, and the letter ( from the recommended bidder, Nako, agreeing to the clause, Bidders List The Bidders List was created by using companies suggested by the requesting department, companies that have responded to prior bids, companies that have requested their names be placed on the Bid List, and companies from appropriate listings in other source books, Number of firms obtaining the solicitation 15 Number affirms submitting responsive bids 3 Advertising The Bid was advertised in the Sun Sentinel, and 'notices were sent to bid notice agencies throughout the nation. Bid notices are also posted on the City's web page, Funding The annual value of this contract, based on the unit price from the recommended bidder, and the estimated quantity of chemical to be used annually, may tptal $80,000.00. Antiscalant will be ordered, as needed, from budgeted funds in account 412-3320-533.52- 05 Utilities Fund/Water Treatment/Chemicals. .. " ':f I - 35 - Purchasing #09-027 I Page 2 December 31,2008 A ward Recommendation It is recommended that a one-year contract award be made to the low responsive bidder, Nalco Company, at the unit price bid tract period VlI111 be one (1) year, commencing upon award, wi ossible renew , subject to the terms and conditions contained in the bid specifications. IIh enclosures cc: file ( ( - 36 - . Phone: (954) 545-7016 City of Pompano Beach Fax: (954) 545-7046 UTILITIES TREATMENT PLANT MEMORANDUM NO. 09-07 DATE: December 8,2008 TO: Leeta Hardin, General Services Direct~ VIA: A. Randolph Brown, Utilities Director FROM: Don Bayler, Utilities Treatment Plants superintende~ -,. SUBJECT: Recommendation to Purchase Antiscalant ISSUE: The City of Pompano Beach, Utilities Department requires anti-scalant for the membrane treatment process to ensure the removed dissolved solids (concentrate) does not plate out onto the membranes making the membranes ineffective. Presently the Utilities Department uses a combination of sulfuric acid and an anti-sealant to reduce plating of the membranes. This past ( year the cost of sulfuric acid has increased five (5) fold from $65.00/ton to $303.00/ton. At the time the Commission awarded the sulfuric acid bid, the Utilities Department stated they were investigating other options in lieu at-using sulfuric acid. The anti-sealant bid proposal before the City Commission will reduce the need of using sulfuric acid by 75% or more, and will continually monitor and control the anti-scalant dosage in the source water going to the membrane treatment units, further protecting the expensive membranes. EXPLANATION: Three (3) vendors submitted written bid proposals to the City's Purchasing Department for an annual contract to purchase anti-sealant. The bid specifications have several special conditions all of which are important, three (3) of which are critical. The three critical special conditions are; localized testing of the product with reduced or no sulfuric acid, the anti-scala nt's physical and chemical properties and the monitoring and control equipment needed to protect the membranes should the anti-sealant fail to feed properly. The three critical special conditions ar~ ,; lJi discussed as follows: ~ ,~l~l'.r . ,," '\ rfJ' L I . .d ,ift ~)\ oca testing of the product with reduced or no sulfuric aCI:' . Only the Nalco Company product has been tested locally with reduced orno acid. The Utilities that use or are testing this product are the Cities of Plantation, Miramar, Hallandale and Fort Lauderdale. Furthermore, it is very significant that the City of Plantation has used this product for more than ten (10) years without the need to use sulfuric acid. All of these Utillties' source waters are similar to the City of Pompano Beach's source water. More importantly, using a two stage membrane testing unit the Utilities Department has tested this product for more than six (6) months, slowly reducing the sulfuric acid to zero, with very good results. G:\Witer PlantlMEMOS\2009\09-07.doc , - 37 - ( The physical and chemical properties of the product: All vendors submitted a material safety data sheet (MSDS) summarizing their anti-scalant physical and chemical properties. Only the Nalco product complies WITh the special conditions. The Nalco product is a base product, above a pH of 7. The other two products submitted are acids, below a pH of 7. Furthermore, the other products have a lower specific gravity and the product vendors recommend a higher dosage requirement. The monitoring and control equipment to protect the membranes: Only the Nalco product has the ability to protect the membranes by monitoring and controlling the actual dosage of the anti-sealant going to the membrane treatment units. The other manufactures recommend monitoring the flow of the anti-scalant leaving the metering pump(s). This method of monitoring, should a break or blockage occur in the anti-sealant feed line may not be detected quickly enough to protect the membranes. The anti-sealant would not feed to the source water going to the membrane treatment units substantially increasing the potential of damaging the valuable membranes. " Based on the information received in the bid packages there is only one product that meets the bid package special conditions, and that is the Nalco Company 1850T anti-sealant. Be advised the Utilities Department has a two (2) stage membrane test skid and the Department encourages product testing. More product approvals allow for more competitive pricing. Recommendation: Based on the above product summary review and the attached "Product Comparison and Specification Compliance Chart" there is only one responsive bidder, and that is the Nalco Company with the 1850T anti-sealant. While product pricing is higher than the previous anti- sealant bid ($0.62/lbs vs. $1.19/lbs) the required dosage is almost halved (4mg/L vs. 2.5mg/L) effectively costing the Utilities Department about the same. Additionally,'there is a reduction in the use of sulfuric acid by at least 75%, saving the Department approximately $210,500.00 annually. The Utilities Department recommends awarding Nalco Company as the Utilities Department's supplier of anti-scalant as addressed in Bid No. H-45-08. The estimated annual cost for the anti- sealant is $80,000.00. Funding is available in the water treatment plant chemical account, number 412-3320-533-52-05. . i G:\Water PlanIIMEMOS\2009\C9-<l7.doo I - 38 - ~~ '-.- '") ~ ~r, l~~ \ N ~ ~ ~ ~ ~ c6 ..... l '- N N N N '" ~ N N N ::::::.\ / .., ~ ~ ~ ~ to CD ~ ~ ~ \.,,/ ... a a a a lir lira a 0 ,/" CU '" L() L() L() Q. Q. (0 (0 (0 ./ "-_ J:: !Eo'll!l:l. 'llM':;:C~ 'll <1) \r.- ~_ 01);(, Ol~ ~);(' OJ OJ ~ o _IJ) [[8, [06 c6 8, [[ _ ... al ........:;:::;:: N ;;;: CD 00 cr; N r..:;. - Q. ~ ~ ~ ~ ~ ~ ~ ~ ~ (.) rJ) ni ni ni ro ni ro ro ro ro C ~ N N N C\{ C'j C'j C'j <'! C\{ CU 0 000 0 0 0 0 0 0 .- a. E ~ ~ o ~ ~ U15 ill ~ t) 0> ~ " Coo <Ii ~ ~ ~ o ~~ UlO:E L() Ul IJ) Ul Ul IJ)""'; (\\ :.;:; z z ~ .... ;2 N ~ ~ ~ ~ ~ ;;; CU I (.) IJ) \ It: B ~ .._ ._ 0 CJ E <1) ll) r- CI:I ~..... -- ...sa n r;* ~ rt en 0 ~ -.t.c-...J . u' -0, cJ) ~ ..... a .9 OJ E Ul IJ) IJ) ~ "= ""C Il'Ila...... ONL() 00<1) (I) 'llLO c: l:: Cl'.l C") l:: l:: >- >- >- 0 co c .......... O ~ 2 t/) l'Il ro ._ $: $: rn . l:: l:: OJ ...J ~ - ro ro --;:" u u IJ) "'. CU ,_ __ _.c E a. .......... ~ - It) ~ ~ .9~~ IJ) UlIJ)"! ~ E ........ OC")' - 0 a OJ OJ!!1.r-- 0>.- .... ..... c:: 0) N c: c: >. >. ~- 0 ~ o U ; ~ Ul ... ~ rn c: U 'E .J:: :> 0 ::::1 . ~ ~ .~ ~ '6 ~ _ . l'IllJ)~ n. 5-.& ... ~ IJ) rn OJ: ro 0 ~ o ~ 25 8 (1] Ui:!;1 """"' - l. ... -0 - .!!1.E:! 16 ~.~ ~ OJ ro ~ 0 >. ro c:: u c.. ..... n. CJ OJ .b =0 ~ 16 E .Q OJ OJ Ul '- ~ c: (Ill:: IJ):> - Q. ::i Ul :; OJ 16 0 u..... = 0 ll) ~ rJ) .........' U ro ~ ~ E 0 .QO ~ a c:: : rn1 ,~ +-'+-' 1:::- c..CO Q) ~ .E 0 0 {J E 0 u"g E .... .5 n. 15 w ~ ~ ~ ~ ~ u 0 ~ .- ~ c: -g -g 5 8 '1: -g;:J iii LL. E iii 0 ~ 'l. ~ (1] ..... ..... 0 ll) 0 .....~ ;:J rJ) (I) 0 ~ m ~ a. a. a. ~ ~ a.~ 0 z ~ 0 ; I - 39 - BID AWARD RECOMMENDATION FORM i From: Purchasing Division Leeta Hardin Date 6/2/08 To: Utilities Department Attn.: DaD Bayler, Supt. Subject: Bid No. H-45-08 Item/service: Antiscalant Attached is the Bid Tabulation for subject item/service requisitioned by your department. Please complete this form in order that proper presentation and recommendations may be made to the City Commission for its approval, as appropriate. Your response should be typed. Please return this form to the Purchasing Division within three weeks of receipt. This form must be accompanied by a memorandum explaining the item/service to be purchased, what it will be used for, stating that it is either a replacement or an additional item, and any other pertinent information which might be requested by the City Commission. This memo should also contain a detailed justification if you are rejecting a low bidder (see below). 1. SOURCE OF FUNDS: Budgeted Code: 'IJz- - 3 3 20 - ::{""13. - 5'"l- - O!{" Title: C!/I L='lt.1ItprU / #bl2-rt (}CI?7P,ur t.- v 2, RECOMMENDATION: (a) Which bidder do you recommend? A /'Ai- ' ) /tn1-t /:Jrf7J-<y - S '2;' -77!rN'l2-"1J ,I"'l7.th'lt)!!.+~,1o .f"".. V., u. 7}{E d?/ui '/ !2:.t;;--.s,,;"6.LJ.s:;I(/E '"'Ei i>DEIl. (b) Is the recommended bid the lowest bid received? Yes No V'" - Note: If you recommend award to other than the low bidder detailed justification must be furnished for rejection of alllawer bids, in an accompanying memorandum. (c) Ifreferences were required, were they checked? ~ Yes No _ Not applicable far this bid v- Sign,tille a~ Date: r~O tIe: Vf;;'/~~.r ~AZ'd"l:-~ (Department Head) I G:\Pl TRr.HASF\FORMSDOr. REV. 04107 - 40- Phone: (954) 545-7016 City of Pompano Beach Fax: (954) 545-7046 UTILITIES TREATMENT PLANT MEMORANDUM NO. 09- 10 DATE: December 19, 2008 TO: Leeta Hardin, General Services Direc~ VIA: A. Randolph Brown, Utilities Director FROM: Don Bayler, Utilities Treatment Plants supe~ntend.~ SUBJECT: Nalco - Revision of Indemnification Clause Issue: Nalco, the Utilities Departments recommended supplier of anti-sealant, stated on their bid exceptions with the indemnification clause within the City's standard bid documents. This product has been proven to reduce the needed of using sulfuric acid in the membrane treatment process by at least 75% and may eliminate the use of sulfuric acid in the future. ( Additionally, the use of this anti-sealant will reduce and may eliminate the handling of highly corrosive and difficult to handle sulfuric acid by city employees and will save the Ut,ilities Department between $210,500.00 and $280,700.00 annually in chemical costs. Explanation: The Utilities Department evaluated the bids submitted and recommended the Nalco anti-sealant product as the best product to use in the operations of the membrane treatment plant from a purely technical aspect with regard to performance, reliability, physical properties, chemical properties and process control monitoring. (See the Utilities Treatment Plant Memorandum No. 09-07) Next, the Utilities staff worked with the Purchasing Department, the City Attorney's Office and the vendor (Nalco) to come to an agreement with regards to Indemnification clause exceptions. Staff reviewed what would happen with the membrane treatment equipment should, in the extremely unlikely event, the anti-scalant fail. The worst case scenario would be, failures of the product, the process control/monitoring equipment and staff not reacting to this situation, potentially causing scaling and damage to the 2nd stage membranes on each membrane treatment Train (modules) in operation. With all five (5) traIns in operations the total number of membranes that could failure would be 560. The cost of each membrane is $484.17. The replacement cost of the membranes in the 2nd stage for all ( trains would be $271,135.20. G:\Wa~eF' PlarllMEMOS'QOOS\OS-10.dac. , - 41 - It is important to note that currently normal 'operations of the membrane water plant operates 2 to 3 membrane treatment trains at any given time. This fact reduces the economic impact, that , , much more, should an extremely unlikely failure as describe above occur. The membrane replacement costs, should a worst case scenario occur would be below the $300,00000 limitation addressed in the proposed and recommended revised Indemnification clause. (See City Attorney's November 21,2008 Communication #2009-181) Recom mendation: After several back and forth discussions with all parties the Utilities Department recommends to the City Commission through the Purchasing Department and City Attorney's Office the revised Indemnification clause as stated in the City Attorney's November 21,2008 Communication #2009-181 and certified by Nalco. ( t G:\W6I1er Plant\MEMOS\2009'.Q9.10.doc I - 42- ,. . --.. ."_'_~" ..'~ <'....nn_.. ......,.. ,---,....- ..' ~-"... -". -" - FlECBVED PURCHASING 1m8 OCT - I AM II: 03 City Attorney's Communication #2008-1881 September 30, 2008 TO: Leeta Hardin, General Services Director FROM: Erin Gill Robles, Assistant City Attorney RE: Nalco Contract After reviewing the attached correspondence from Nalco's counsel regarding the on-:going negotiations with Nalco for the purchase of anti-scallant, I suggest we propose the following indemnification clause to replace that which currently exists as Provision 23, page 12 of the contract documents: 23 Indemnification ( Contractor covenants and agrees to protect, defend, indemnify and hold the City hannless from all claims, losses, damages, costs, charges and expenses, WhICh mayoe assenea.-againsl oroe-mcurrec:!-oytlfecltyrwhether-mreCnlf' --.---------.--- - --- indirect, foreseeable or unforeseeable, including, but not limited to, those resulting from injuries to any person or damage to any property, caused in any manner by any act or failure to act of Contractor in connection with furnishing of the product covered in this agreement, or because of any imperfection or defect in said goods, or based upon any claim of product liability or strict liability in tort, or because of the failure 0 f said goods to 1:le in accordance with the applicable specifications (functional, design, or otherwise) of such goods, or failme to warn or inadequate warning or instructions as to the use of such goods. This indemnification clause is much more to the point and relates expressly to the provision of a product, as opposed to a contract for services, and thus may be more acceptable to Nalco. With respect to Na1co's proposal that consequential, indirect, special and exemplary damages be capped at $150,000.00, staff needs to evaluate the potential exposure to the City in the event of damage that could occur if Nalco provides a defective or somehow hannful product. Consequential, indirect, special and exemplary damages could include damage caused to the City's waterplant by the product; to residents of the community as a result of the City's provision of water that has been treated by a faulty or defective product; or to property of residents in the community. Obviously these damages are hypothetical at this point and it is difficult to predict , - 43 - ...-.> .h 0<__ ..'........- .-- -n. -. .-. . ( what might occur and whether the damages resulting from an occurrence would be defined as direct damages, for which Nalco would be liable, or indirect, consequential special or exemplary damages which would be capped under Nalco's proposal. I understand that the product being offered is the only product of its kind and is therefore of significant importance to the City. At this point, staff needs to assess whether the benefit of the product outweighs the risk of potential exposure to the City by virtue of placing a contractual cap on the amount of consequential, indirect, special or exemplary damages that the City would be. entitled to collect from Nalco in the event of a breach. If staff detennines that it wishes to continue with the negotiations with Na1co, I would suggest increasing the cap offered by Nalco to a more substantial amount. Please advise me if you would like this office's assistance in communicating a counter-offer to Nalco and if so, please advise as to your decision as to the issue of Nalco's request to waive consequential, indirect, special and exemplary damages. ~~ ERJN GILL LES " Cc: Keith Chadwell Donald Baylor GBUegr L:cor/prchsng/2008-188l I I - 44- RECFHJ\ Df :DI" 1^~l~\G N NALCO ~ I': ,_ U I 'J: d.A"t'l')" . ZOOS DEe - 2 PH I: 31 - Nalco Company Municipal - leG 1601 West Diehl Road Naperville, IL 60563-1198 November 24, 2008 City of Pompano Beach Leeta Hardin 1190 NE 3'd Ave Pompano Beach, FL 33060 Leeta, Attached is the signed exceptions to the contract terms. Should you have any questions or require anything further from me don't hesitate to call me at 630.305.2177. ~1J-~~ i, Rick 81. Jules I - 45 - J\!OV ,,'I Vb Ub:~bp VV81ler ::;cott bUj-4(~-~j! ( p. I """"",noElHGb GORDON B. LlNN ~...4 I ......., Cilr Attorney lilli' Boonl ~rti/ied - CiQl Cou.rrl1ll1id Loal~ Gow:rnmen.l MARK. f. HERMAN FAWN POWF.RS h"'RrN mf. I. ROSr..F.8 A""j,.ID"t Cily"'no"""1 Amz/<Ull t.:it1 A tluWffY Ass~tunl C./1,)' A'tom~ 2005 Pho.llC: 954.7&>-4614 City of Pompano Beacl1,. Florida Fax: 954-786-4617 City Attorney's COJW11.uuic~tion #2009~181 November21~2008 . SE'N'T Vl"-AFACS!MlI.E J...ND u.s. MAlL 630-30S-2~SS R Tor U.ircatainen, Esquire NaJ(;o Company 1601. Wes.t Diehl Road Naperville. II.. 60563 Re; NalcofCity of Pompano Beach Contract Dear MI. Liim~en: It appears that City staff and YClUt olient have reached an agreement as to the. exceptioDS to th~ I City's standalli big d.ocU1Il.eD.ts that were previoUllly propo5ed by )'OW" dicnt. Due to the nature \ of the exceptions being reque&tcd, they mug; be approved by thl:t City Commission in order to be effective. .As such, the requested exceptions will be presented to fhe City Commission :in C<llmectioll with b': proposed purchase order of your produ.ct. The proposed exceptions wbieh will be p~ted tQ the City Commissio~ will be as follows: 1. The City will substitute the fullowing indemnificatklD l~DgUage into Section 23, Indemnification: Contractor eovenanI:S aDd agrees to protect, defend, indenmifY ~LCd hold the City harmless from all claims, losses. damages, costs, charges and l>>.:penSes, which llUIy be asserted against or be incwred by the City whether direct or indil'ect, fu~eable or lnIfuresee.able. includiD.i, but not limitoo to, thol;e :resulting from injuries to any person Cl.- damage to any property, caused in .any U'l3Illler by any a~ or failure to act of Contractor in 1;l00000cction with fiuDis~: of the product covered in this agreement,. or because of any impetfectlo:Q. or defi:lct in said goods, or based IlpOU any claim of product liability or strict liability in t,)1'4 or because of the failure of saUl. goods to be in accordance with the applicallle specificmions (functional, design, or otherwise) of such goods. 01' failure to w= or :in.adequate w;mJing 01" instru.cti,OQS as. to the '* of suoh goods. 2. . The following language will be inserted undCl" Pa:capaph l~. Wananties; \1 tJlTh." of lI>: Cll~ A1WtnI:y. IW We.. Allon1k llDull.VlIIIl. SilII.. 1167. ....",p""" B~""I'I .FJ"rldll J311l'iO ~r..1t oilcinta:: \'.0. Il.... 21Ji.'l. !'.In,,,.,..., ltco~h, Flo.fd_ JJ.IJ&l -c;".al-......_..""'~_;".~.""<l_""'_OO',."._CtI._ s..\"" i:~/IC3 3Sl;/d A3i't::IOlJ. 'Ii AU:) LtSl>98Lt>!iG 99:51: a09i';1l~/n I - 46- i~OV 211 08 05:28p Waher Scott 603-472.5377 p.2 R. TOT l.iir.Qatainen. Esq. City AttorDey's Conmumice.ttOJl #:2:009~J8] November 21,2008 Page 2 of2 NotWithstanding any othex prevision in the contract, the following damages arising out ofaIlY warra::uy or cantractu.al. term Will be capped ,-t u.s. S300.000 durmg the tenD of 1he Ag:reemeJ::lt: consequential. indir;~ct> special or exemplary damages including, but ngt limited to, lost produdon and profits. For the sake of clarity, this provision is not intended to apply 10 any damages arising out of tort. As I understand it, the above amendments reflect not only our last correspondence .regarding the i.o.deuwii'ication provl..sions, but our (;lient&. m(JIe recent.agreem.c:nt as to the cap on COI\Sequ~tia.I. indirect, special and \ttemplary ohmages. If the ilbove conditions are .3.Cceptable, please- have a . representative QfNalco sign this correspondence certifying acceptance (If these conditioDS. Upcn return of this signed correspondClIlCe, the item will be placed on the D.l::xt available COXDJ:tJission agenda for con5idera.tion. If these terms axe not acc:epta.bIe,please advise me as SOOn as. pOssible so that We can revilri1 these issues as needed. . Please do not hesitate to contact me should you have any questiOllS OT concems about tbU matter. Sincerely, 0-~~ ( ERlN G :ROBLES Assistant City At~y EGR:jnn L;cor/a.ttyl2009~ Iln cc: Keith Chadwell, City Manager Leeta Hardin, General. Services Director Randy Brown, Utilities Director . Donald Bayler, Utilities 'll-c:atmmt Plant Superintendent 1 bereby certify that NaI~o ~pts the above--referenced exceptions to the bid solicltlttioD 8-45-08 ".A31tiscalant." Dated: N~v ~'I, ;2.{)(lY By: ILJ~~ Priat Nalne: l.llo(+.ff Sc2&f TitJe~ . .:::r>i:::s.-{ (7-c{- 0(\.qf'\~t C ! t':~/w 39'l1d ~O.lll;;' N..I8 t..,9"'98LPS6 9111;5, 80e2:f!GI I'! -----,. .- n_n __ I - 47- ...-"" "OtJ , '0' ~,g~~ a&l~ ", ~c ......~Io..Ev &. 1-81-~......l!:lL'" -"'oct! ~~ o....:o.!:2os:~]9 \ "loC::2 "'C c.g OVl ~~~~]l!~'~~", 1:0::6 ~ .: ~QJc..~ vi ;g (l) '" ~~ro-gc:5e,g~:5 ro b '0 3: '0 0 E 8 g? "~ Sl ~ ~ B :: ~ 5 ~ ~ ... ~ .~ 0'> a W"l -- (Il ro III III 0= ,...i a co vi ~ '0 gt ~ \0...... ..... co ::J W:&... ro c: . u C ~ W"l U 2 ,Q ~ ,~ E ,g .b $ E 0 ~ @ (l) - (l) N c- ~ oEcC~<tI...., 19 ;:...== 2Eroo::lc.l!!c-o:c c: 2: ='''E:n::;:'''-~:508 v ~~ ]Oe>.8(l)c'~", ..... E ro I .r: ~ 0.8'''' 5i.Q '-W 02 ! u 10.. ~ 0 - ~ ~ > u ~QJ.20:5cr:~IDl!d 8 ro5i",EE<CcE co (,Jc:::suc~OllO z ~o"8.E:l'-r~o . L;.. 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"'C i~1 ~ c "0 Qj "0 ~~i III e 8~ 82 ~ 0"- 8 i:O c- ::;: c- O '" 0 ) - 48 - , . City of Pompano Beach, Purchasing Division ~~Q 1190 N.E. 3rd Avenue, Building C ;~~, Pompano Beach, Florida, 33060 :~::I~II:I' '.;:: \~: :::-~ _ :k~:t~~ : ., ....200s:." May 21, 2008 ADDENDUM #2, BID H-4S-08 ANTISCALANT Several potential bidders have requested a raw water analysis, or the membrane manufacturer's design projection. See information enclosed with this cover letter. The deadline for submittal of sealed bids remains 2;00 p.m. (local), Tuesday, May 27, 2008 in the Purchasing Office at 1190 N.E. 3 Avenue, Building C, Pompano Beach, Florida, 33060. The remainder of the Bid is unchanged. Acknowledge receipt of thIS Addendum in the area provided on bid page 16. Very truly yours, Leeta Hardin " General Services Director l ,- enclosure cc: bid list file ! - 49- Hydranautics Membrane Solutions Design Software, v. 2007 1012312006 Permeate THROTTLING(VARIAsLE) RO program licensed to: Rocco Cuozzo Calculation created by: "Rocco Cuozzo I Project name: Pompano-Final Penneate flow: 2000000.0 gpd 0 HP Pump flow: 1634.0 gpm Raw water flow: 2352941.2 gpd Recommended pump press.: 109.1 psi Permeate throttling(Variab.) 8.0 psi Feed pressure: 80.1 psi Permeate recovery: 85.0 % Feedwate r Temperature: 25.0 C(77F) Feed water pH: 6.5 Element age: 0.0 years Chern dose, ppm (100%): 74.0 H2SO4 Flux decline % per year: 0.0 Acidified feed CO2: 83.90 Salt passage increa&e. %/yr. 5.0 Average flux rate: 13.7 gfd Feed type: Well Water Slage Perm. FlowNessel Flux Beta Conc.&Throt. Element Elem. Array Flow Feed Cone Pressures Type No. gpm gpm gpm gfd psi psi 1-1 1059.4 45.4 16.0 15.1 1.18 58.3 15.0 ESNA1-LFS 252 36x7 1-2 259.4 35.9 19.7 11.7 1.10 41.6 0.0 ESNA1-LFS 80 16x5 1-3 70.0 19.7 15.3 7.9 1.10 35.7 0.0 ESNA1-LF2 32 16x2 Stg Elem Feed Pres Perm PelTT1 Beta Perm Cone Concentrate saturation levels no. pres drop flow Flux sal osm CaS04 SrS04 BaS04 Si02 Lang. psi psi gpm gfd TDS pres 1-1 1 80.1 5.2 5.3 19.1 1.12 19.4 3.7 5 6 152 10 ..0.8 1-1 2 74.9 4.3 4.9 17.5 1.10 21.6 4.2 6 7 178 11 ..0.6 1-1 3 70.6 3.6 4.5 16.1 1.10' 24.0 4.8 7 9 209 13- -0.4 1-1 4 67.1 3.0 4.1 14.8 1.14 26.7 5.5 8 10 248 15 -0.3 1-1 5 64.1 2.4 3.8 13.7 1.15 29.8 6.4 10 12 298 17 -0.1 1-1 6 61.7 1.9 3.5 12.7 1.16 33.3 7.4 12 15 364 19 0.1 1-1 7 59.8 1.5 3.3 11.8 1.18 37.5 8.8 15 19 453 23 0.3 1-2 1 55.3 3.8 4.0 14.4 1.11 39.2 10.5 18 22 532 26 0.5 ( 1-2 2 51.5 3.2 3.5 12.7 1.11 41.7 11.7 21 26 611 28 0.7 1-2 3 48.3 2.7 3.1 11.3 1.10 44.8 12.2 23 29 687 32 0.7 1-2 4 45.6 2.3 2.9 10.4 1.10 47.8 13.6 27 34 792 35 0.9 1-2 5 43.3 1.9 2.6 9.2 1.10 51.3 15.2 32 39 913 39 1.0 1-3 1 38.4 1.6 2.4 8.5 . 1.12 63.6 18.8 37 47 1095 42 1.2 1-3 2 36.8 1.4 1.8 6.5 1.10 79.7 20.1 42 53 1241 45 1.3 These calculations are based on nominal element & component performance when operated on a feed water of acceptable quality. \ NO GUARANTEE OF SYSTEM PERFORMANCE IS EXPRESSED OR IMPLIED unless provided in writing by Hydranautics. Hydranautics (USA) Ph:(760)901-2500 Fax:(760)901-257B info@hydranautics.com Hydranautics (Europe} Ph: 315465'88355 Fax: 31546573288 (11160) 1 - 50 - Hydranautics Membrane Solutions Design Software, v. 2007 10/2312006 Permeate THROTTLlNG(VARIABLE) RO program licensed to: Rocco Cuozzo Calculation created by: .Rocco Cuozzo Project name: Pompano-Final Permeate flow: 2000000.0 gpd 0 HP Pump flow: 1634.0 gpm Raw water flow: 2352941.2 gpd Recommended pump press.: 109.1 psi Permeate throttllng(Varlab.) 8.0 psi Feed pressure: 80.1 psi Permeate recovery: 85.0 % Feedwater Temperature: 25.0 C(77F) Feed water pH: 6.5 Element age: 0.0 years Chem dose, ppm (100%): 74.0 H2SO4 Flux decline % per year: 0.0 Acldi!led feed CO2: 83.90 Salt passage increase, %/yr. 5.0 Average flux rate: 13.7 gfd Feed type: Well Water Stage Penn. FlowNessel Flux Beta Conc.&Throt Element Elem. Array Flow Feed Cone Pressures Type No. gpm gpm gpm gfd psi psi 1-1 1059.4 45.4 16.0 15.1 U8 58.3 15.0 ESNA1-LFS 252 36x7 1-2 259.4 35.9 19.7 11.7 1.10 41.6 0.0 ESNA1-LFS 80 16x5 1-3 70.0 19.7 15.3 7.9 1.10 35.7 0.0 ESNA1-LF2 32 16x2 Feed water e Ion mIl C03 m 11 CaC03 mil .CaC m Ca 87.0 217.0 87.0 217.0 9.161 22.8 528.1 Mg 7.2 29.6 7.2 29.6 0.595 2.5 44.6 Na 34.0 13.9 34.0 73.9 12.238 26.6 157.3 . K 2.0 2.6 2.0 2.6 1.026 1.3 7.5 NH4 0.0 0.0 0.0 0.0 0.000 0.0 0.0 Ba 0.030 0.0 0.030 0.0 0.003 0.0 0181 Sr 1.700 1.9 1.700 1.9 0.193 0.2 10.237 C03 0.6 1.0 0.0 0.1 0.000 0.0 0.2 HC03 260.0 213.1 168.7 13B.3 29.867 24.5 955.6 504 34.0 35.4 106.5 110.9 6.016 6.3 675.7 CI 48.0 67.7 48.0 67.7 15.601 22.0 231.6 F 0.3 0.8 0.3 0.8 0.207 0.5 , 0.8 ,. N03 0.5 0.4 0.5 0.4 0.176 0.1 i 2.3 B 0.00 0.00 0.000 0.00 51 2 12.4 3.15 64. TDS 487.7 468.4 78.2 2679.1 H 7.4 .5 5.8 7.2 Raw water Feed water Concentrate CaS04 / Ksp . 100: 1% 4% 43% 5rS04/ Ksp -100: 2% .5% 53% BaS04/ Ksp . 100: 44% 131% 1237% Si02 saturation: 9% 9% 46% Langelier Saturation Index 0.14 -0.91 1.27 Stiff & Davis Saturation Index 0.19 -0.86 1.17 Ionic strength 0.01 0.01 0.06 Osmotic pressure 3.9 pei a.apei 18.4 psi These calculations are based on nomina! element & component periormance when operated on a feed water of acceptable quality. NO GUARANTEE OF SYSTEM PERFORMANCE IS EXPRESSED OR IMPLIED unlelSs provided In wrIting by Hydranaulics. Hydranautios (USA) Ph:(760)901-2500 Fax:(760)901-2578 info@hydranautics.ccm Hydranautics (Europe) Ph: 31 546588355 Fax: 31 546573288 (11160) I - 51 - Bidder Name l . City of Pompano Beach, Purchasing Division P'ilmp8l'l-O Be*ch hAw.tl 1190 N.E. 3rd Avenue, Building C AI~A/lllrlcICny ~'IIP Pompano Beach, Florida, 33060 2005 BID H -45-08 -- ANTISCALANT April 24, 2008 The City of Pompano Beach is currently soliciting to establish an annual contract for the purchase of antiscalant to be used by the Utilities Department in water treatment. Sealed bids will be received until 2 :00 p.m. (local), May 16, 2008, in the Purchasing office at 1190 North East 3rd Avenue, Building C, Pompano Beach, Florida. These bids will then be publicly opened at the above time and date in the presence of City officials. Bid openings are open to the public. All bidders and/or their representatives are invited to be present. Bids may not be submitted by facsimile. Once opened, the bids will be tabulated, evaluated, and presented to the appropriate City officials for contract award. ( There are three (3) sections in this bid: Specifications/Special Conditions, General Conditions, and Proposal. Please read all sections thoroughly: Complete the bid in accordance with the instructions and return all numbered pages, initialed at the bottom of each page, when you submit your bid package. Failure to do so may result in the rejection of your bid. Tfyou need any additional information regarding this bid, please contact Leeta Hardin, General Services Director, at (954) 786-4098. SECTION I - SPECIFICATIONS/SPECIAL CONDITIONS A Intent The intent of this bid is to establish an armual, open-end contract for the purchase of bulk antiscalant, delivered, as and when needed. This product will be used in the City's water treatment plant to produce drinking water, and all products bid must be authorized for such use. Vendor shall also provide dosage, monitoring and control equipment. B. Contract Period The initial contract period shall be one year, commencing upon award by the appropriate ( City officials. Bid H-45-08 Page 1 of 22 - Initial ! - 52 - Bidder Name The contract shall be automatically renewed for a second one-year period unless the General Services Director or the successful bidder receiving award sha)l give notice to the other party of intent not to renew for the second period, which notice must be delivered by certified mail and must be received at least sixty (60) days prior to the end of the initial contract period. All terms, prices and conditions shall remain firm for the initial period of the contract, and any renewal period. In the event delivery/service is scheduled to end because of the expiration of this contract, the Contractor shall continue to deliver/service upon the request of the General Services Director. The extension period shall not extend for more than' ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the product/service at the rate in effect when this extension clause is invoked by the City. C. Quantities The City estimates ordering 6,000 gallons of antiscalant per year. No warranty or guarantee is given or implied as to the total amount to be purchased as a result of this contract. The quantities stated in this bid are estimates of annual usage, to be used for bid comparison purposes only. Antiscalant will be ordered as needed. D. Basis of Award ( A ward will be made to the lowest responsive, responsible bidder. To compare products to determine a bid award the City will evaluate the antiscalant and equipment proposed based on equivalence to the chemical and dosage/monitoring/control equipment specified. E. Pricing Liquid antiscalant to be furnished in bulk discharged into a 3,763-gallon storage tank located at the City's Water Treatment Plant. All prices bid shall be F.O.B. destination/delivered/discharged to the City of Pompano Beach Water Treatment Plant, 301 N.E. 12th Street, Pompano Beach, 33060. All prices bid are to include all delivery charges, and any applicable County/StatelFederal environmental taxes or surcharges. The unit cost of the chemical bid shall he all-inclusive, and cover all costs, including chemical and dosage/monitoring/control equipment. Bid H-45-08 Page 2 of 22 - Initial 1 - 53 - Bidder Name F. Deliverv ( Bidders are to state the number of calendar days after receipt of an order required for delivery. The City seeks a source of supply that will provide accurate and timely delivery. The awarded bidder must adhere to delivery schedules. If, in the opinion of the General Services Director, the successful bidder(s) fail at any time to meet the requirements herein, including the delivery requirements, then the contract may be cancelled upon written notice. See Section II - General Conditions, (6) "Delivery," and (10) "Default," for additional information. G. Addenda The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Bid solicitation the City will attempt to notify all known prospective Bidders, however, it shall be the responsibility of each Bidder, prior to submitting their bid, to contact the City Purchasing Office at (954) 786-4098 to determine if addenda were issued and to make such addenda a part of their Bid proposal. H. Small Business Enterprise Program The Pompano Beach City Commission has established a voluntary Small Business ( Enterprise (SBE) Program to encourage and foster the participation of Small Business \ Enterprises in the central procurement activities of the City. The City of Pompano Beach is strongly committed to ensuring the participation of Small Business Enterprises (SBE's) as contractors and subcontractors for the procurement of goods and services. The definition of a SBE, for the purpose ofthe City's voluntary program, is taken from the State of Florida Statute 288.703(1). As of the date ofpublication of this solicitation, a small business means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in Florida that has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Please note that, while no voluntary goals have been established for this solicitation, the City encourages small business participation in all of its procurements. , i Bid H-45-08 Page 3 of 22 ~ Initial ! - 54 - Bidder Name The City encourages all fIrms to undertake good faith efforts to identify appropriate Small Business Enterprise partners. Sources of information on certified Small Business Enterprises include the Broward County Small Business Development Division, and the State of Florida OffIce of Supplier Diversity. The City includes links to these organizations from the City's web site w\vw.mvpompanobeach.org. Please indicate in your response if your firm is a certified Small Business Enterprise, and include the completed "Good Faith Effort Report" form with your bid proposal. SBE forms are included at the end oftrus bid solicitation. Bidders should submit Exhibit A, detailing the list of SBE firms to be used on the proposed contract, and a completed Letter of Intent, Exhibit B, for all participating SBE firms. Submit Exhibit C listing SBE firms that were solicited but not selected. Submit Exhibit D explaining your firm's good faith efforts to include SBE firms on this contract. 1. Qualifications of Bidders Bids will only be considered from manufacturers or their authorized distributors. The authorized distributors must regularly maintain a substantial stock of the chemical bid, and must be actively engaged in its sale. A representative of the City may examine such stock and facilities at any time either before bid award is made or during the term of the contract. J. Occupational Health and Safety ( In compliance with Chapter 442, Florida Statues, any items included in the latest edition of "Florida Substance List" which are delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). K. Certification and Testing Bidders may be requested, after bid opening, to provide proof of certification that the product offered conforms to ANSIINSF Standard 60-1998. All additives and chemicals used in the City's water treatment plant must conform to NSF Standard 60, per the State of Florida Administrative Code. The City reserves the right during the contract period to determine by independent test if the product supplied meets the specifications herein. The cost of the test is to be paid for by the City if sample meets specifications, and by the contractor if it should not meet specifications. In addition, the facilities of the Florida State Department of Agriculture testing laboratories may be used for any referee testing. ; Bid H-45-08 Page 4 of 22 fuitial - ! - 55 - Bidder Name L. Cancellation of Order \ If contractor carmot fulfill delivery requirements, the City retains the right to cancel the order and make such purchase on the open market. Contractor will be liable for all price differences incurred by the City if delivery failure is not a case of force maj eure. M. Cancellation of Contract The items to be purchased from this contract are essential to the delivery of City services. It is the intention of the City to purchase material from a source of supply that will give prompt and convenient shipment and service in full compliance with the safety requirements for shipping containers, and for delivery per specifications. Any failure of the supplier to comply with the terms and/or conditions of the contract shall be considered default, and shall be reason for termination of contract. (Also, see Section 10, General Conditions, Default.) N. Price Adiustrnents If, during the contract period, the City is able to purchase a chemical specified herein on the open market at prices less than the contract price, the seller shall meet these prices or the City may negotiatelbid for a new contract on the open market. O. Detail Soecifications 1. Safety Measures: Bidders shall guarantee that each delivery truck will be in a safe mechanical condition,' and will be operated by a capable driver trained in the proper handling of the chemical being delivered. 2. !)pecifications a. Product (1) The antiscalant shall be Nalco PC-1850T, or approved equal. (2) The dosage, monitoring and control equipment with display and alarm must be comparable .to the Nalco RO TRASAR chemical and control equipment/system. Any alternative method of measuring, monitoring and controlling the chemical feed must be pre-approved by the Utilities Department. \ Bid H-45-08 Page 5 of 22 - Ini ti al ! - 56 - Bidder Name (3) The dosage, monitoring and control equipment shall be owned and maintained by the antiscalant manufacturer. The submitted price must include the cost to provide, maintain and service said equipment. The City will not sign a lease agreement for the equipment; the terms and conditions of the bid solicitation govern any contract award. (4) Product and equipment must have been tested and in use by water treatment plants with similar raw groWld water characteristics (within the tri-COWlty area). (5) This product/system must reduce the use of sulfuric acid by 75%, and must in be in use in at least two other RO/Nano water treatment plant facilities. (6) Bidders should provide a list ofRO/Nano customers using the product proposed with their bid proposal. (7) The actual operating dosage must not vary more than 10% from the manufacturer's recommended dosage. (8) The product must conform to ANSlfNSF Standard 60. { (9) For membrane warranty purposes, the manufacturer of the membranes used at the Pompano Beach treatment plant (Hydranautics) must approve the antiscalant proposed. The contact person at Hydranautics is Mr. Rocco Cuozzo; telephone number (732) 236-1395. Bidders should provide a copy of written . approval from Hydranautics for the product proposed with their bid. b. Type of delivery: Bulk (pumped), to be delivered to the City of Pompano Beach Water Treatment Plant, 301 N.E. 12th Street, Pompano Beach, 33060. c. Size of city-owned storage tank; 3,763 gallons e. Deliveries will normally be scheduled Monday through Friday, bern'een the hours of7:30 a.m. and 3:00 p.m. f. The City will not pay charges for time spent unloading due to inexperienced drivers, mechanical failure (truck, compressor, etc.), broken or plugged air lines, hoses or valves. g. Each order placed shall be no less than 2,500 gallons. Bid H-45-08 Page 6 of22 - Initial I - 57 - Bidder Name { \ P. Insurance The contractor shall not commence operations, construction and/or installation of improvements pursuant to the terms of this agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Pompano Beach Risk Manager. The following insurance coverage shall be required. 1. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company (number of employees). The Contractor further agrees to be responsible for employment, i;ontrol and conduct of its employees and for any injury sustained by such employees in the course of their employment. 2. Liability Insurance a) Naming the City of Pompano Beach as an additional insured, on General Liability Insurance only, in connection with work being done under this contract. u b) Such Liability insurance shall include the following checked types of ( insurance and indicated minimum policy limits. (See next page.) 3. Real & Personal Property Insurance The Contractor is responsible for any loss or damage to tools, equipment and supplies at the job site and is also responsible for any loss or damage to buildings being constructed until that building is completed and a certificate of occupancy is issued. I ; Bid H-45-08 Page 7 of 22 - Initial I, - 58 - Bidder Name LIMITS OF LIABILITY each Tvoe of Insurance occurrence aggregate GENERAL LIABILITY Minimum $1,000,000 each occurrence/aggregate xx comprehensive form xx premises - operations bodily injury - explosion & collapse hazard property damage underground hazard xx products/completed operations hazard bodily injury and xx contractual insurance property damage xx broad form property combined damage xx independent contractors xx personal injury personal injury ..._.._--..__........._--_...._.._----------------~~~~----------------------------------------------~---------------------~- AUTOMOBILE LIABILITY Minimum $1,000,000 combined bodily injury (each person) ( bodily injury xx comprehensive fonn (each accident) xx o\o\'hed prooertv damage xx hired bodily injury and xx non-o"-ned property damage combined ...................-......-------------------------..........---............----------~-------..,.-----.........----------..--------------------- REAL & PERSONAL PROPERTY - comprehensive form $ $ ---------------------------------...00-------------------------------------..----------------------------------- EXCESS LIABILITY bodily injury and xx umbrella form property damage - other than umbrella combined $1,000,000. $1,000,000. -------..----...-....----------........---............-...--------------------------....--..........-.........-..------..-....-..----.........---..------.. ---- The certification or proof of insurance must contain a provision for notification to the City ten (l 0) days in advance of any material change in coverage or cancellation. Bid H-45-08 Page 8 of 22 Ini tial - ! - 59 - Bidder Name ( The successful bidder shall furnish to the City the certification or proof of insurance required by the provisions set forth above, within ten (10) days after notification of award of contract. Any questions as to the intent or meaning of any part of the above required coverage should be directed to the Risk Manager at (954) 786-5555. ( f \ Bid H-45-08 Page 9 of22 - Initial ~ - 60- Bidder Name SECTION II - GENERA.L CONDITIONS 4, Prices to be Firm I Submission and Receipt of Bids Bidder certifies that prices, terms and conditions in the bid will be firm for acceptance for a period of ninety I. J. Bidders must use the form furnished by the (90) da~~ from the date of bid opening unless otherwise City, stated by the City, Bids may no, be withdrawn before the expiration of ninety (90) days, Prices shall be finn, 1.2. Bids having any erasures or corrections with no escalator clauses unless specified by the City. must be initialed by the bidder in ink. Bid Bids may be withdrawn after ninety (90) days only shall be typewritten 01' filleo: in with pen ood upon written notification to the City. ink. Manual signature must be in ink. 5. Extensions \.3. lt will be the sole responsibility of the bidder to havo their bid delivered tn the If there' is an error in extensions (mathematical Purchasing office before the closing hour calculations), unit prices will prevail. and date shown for receipt of bids. 6. Delivery 1.4. Bid envelopes are provided with the bid forms, Your bid shQUld be returned in the 6,1. All items are to be bid F.o.B. delivered with envelope (with lhe correet postage affixed if freight charges prepaid and included, to the bid is mailed) and should show the designated addresses as specified by the following information: City on its purchase order(s) orin letter(s) of authorization. 1.4.1. Your return mailing address in the upper left-hand corner. 6.2. Bidder must state specific number of calendar days required for delivery Of each 1.4.2. Bid Number - "Tite or type the item bid in appropriate space an the bid bid number that appears on the pages for consideration of award of this bid. first page of the bid form on the hne for it on the front of the 6.3. Delivery time will be a factor.for any orders envelope. placed as a result of this bid. The City reserves the light to cancel &uch order(s) or 1.4.3. Bid Items - write or type the title any part thereof, without obligation, if ( of the bid on line "Sealed bid for: delivery is not made within the time(s) " specified herein and hold the vendor in default. (See Section 10.) 1.5. lfnat using the City-provided envelope to mail your bid, or if using a delivery service 7, Signed Bid Considered an Offer other than the U.S. Post Office, use the following address: This signed bid i. cOI1llidered an offer on the ]Jart of the bidder, which offer shall be considered accepted upon City of Pompano Beach approval by the City Commission of the City of Purchasing Division Pompano Beach (ifrequired). The City of Pompano 1190 N.E. 3rd Avenue, Building C Beach will issue a purchase order or a letter of Pompano Beach, FL 33060 authori.:altion to the successful bidder, as authorization for delivery of the items awarded subject to 1.6. Late bids will not be considcred and will be requirements of detailed specifications and those returned unopened. contained here~n_ 1.7_ Bids transmitted by facsimile will not be In the event of default or, the part of the bidder after accepted. such acceptance, the City may take sucb action as it deems appropriate including legal action far damages -. Comp!etion of Bid Form> OT specific performance. Bidder is to f:ll in all of the blallk spaces Oil the bid 8. Quality fonns and return all numbered pages. Bidder should illitial each page at the bottom ta indicate he has read All materials used for the manufacture or construction and understands the provisions contained on that page. ofany supplies. materials or equipment covered by this bid shall be new, The items bid must be new, the l~test 3. Signature Required model, of the best quality and highest grade .workmanship unless otherwise specified in this bid by All bids must show the company name and be signed the City. by a company office:- or employee who has the aumorit)' to bind the company or linn by their signature, UNSIGNED BIDS WILL BE REJECTED, Ali manual signatures must be original - no rubber .stamp~ photocopy} etc. Bid H-45-08 Page 10 of22 Initial - I - 61 - Bidder Name . 9. Brand Names 16. Taxes ( Whenever proprietary names are used, (whether or not The City of Pompano Beach is exempt from any taxes followed by the words "or approved equal"), the item(s) imposed by the State and Federal government. will be subject to acceptance andlor approval by Exemption certificates will be provided upon request. authorized City personnel, and said personnel will State sales tax exemption certificate deem it their prerogative to select the item(s) which are #1 6-08-1 96489-S4C and Federal exemption tax lowes, bid, item by item, meeting specifications from #S9-74-0083K apply and appear on each purchase the infonr.ation furnished by the bidder with the bid order. and/or sample inspection or testing of the item(s) called for herein. 17. Conflict of Instructions 10. Default Provisions Ifa conflict exists between the Gcneral Conditions and instructions contained herein, a.'1d ~e Spe::ific In the event of default by the bidder, Ille Cit)' reserves Conditions and instructions contained herein, the the right to proc\Jre the item(s) bid from other SourCes specifics shall govern. and will hold the bidder responsible for e)lCess costs incurred .s a result. A contractor who defaults on a 18. Exceptions to Specifications City contract may be banned from doing business with the Ci~ for a period of 36 months from the date of For purposes of evaluation, bidder must indicate any default. exception to the speeifieations, terms, and/or eonditions, no matter how minor. This includes any 11. Samples agreement or eontraet forms supplied by the bidder iliat are required to be signed by the City. If ~ceptions are Samp les, when requested, must be furnished at, or not stated by the bidder, in his bid, it will be before, bid opening, (unless otherwise specified), and understood that the item(s)/services fully eomply with will be delivered at no charge to the City_ [f not used the specifieallons, terms and/or conditions stated by the and/ar destroyed in testing, sai d sampk(s) will, at City. Exeeptions are to be listed by the bidder on an bidder's request, be returned within thirty (3D) days of attachment included wieh his bid. The City will not bid award at bidder', expense. !freque.ted by the City, determine exceptions based on a review of any attached samples andlOf inspection of like ftems are to be made sales or mllnufacturer~s literature. available in the $outheastFlorida area. 19. Warranties: ( 12. Acceptance ofMatmals The City of Pompano Beach will not accept any The material delivered as a result of this bid shall disclaimer of the warranties of merchantability and remain the property of the seller until a physical fimess for a particular purpose for the product(s) inspection and actu.1 usage of the leem(s) is made and offered. Proposals will clearly state any additional thereafter deemed aceeptah Ie to the satisfaction of the w.rranties and guarantees against defective materials City, in cornpliance with the ~ and spccifica.lioTl~ and workmanship. A copy ofrhe complete contained herein_ In the event rhat the item(s) supplied manufacturer's walT.ll11)1 statement is to be submitted to the City is/are found to be defective, or does/do not with the bid. conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and 20. Retention of Records and Right to Access Clause return the item(s) to the seller at the sener's expense. The successful bidder shall preserve and make 13. Manufacturers' Ccrtitications available all financial reconls, supporting documents, st<.tistica; records, and any olher documents pertinent to n.e City reserves the right to obtain separate this contraet for. a perioo of five (S) years after manufacturer certificatlon of all :3tatements mad~ in the termination of thlS ~ontract; or jf an audit has been bid. initiated and audit findings have not been resolved at the end ofthese five (5) years, the reeords sball be 14. Copyrights and Patent Rights retained unlll resolution of audit finding. Bidder warrants that there has been nO violation of 21. Facilities copyrights or patent rights in manufacturing, producing andlcr selling the item(s) ordered Or shipped as'a result The City reserves the right to inspect fne bidder's of this bid, and successi'ul bidder agrees to hold the facilities at any time, without prior notice. City hannles5 from any and all liability, loss or expense by any such violation. 22. Anti-collusion Statement 15. Laws and Regulations By submitting this bid, the bidder affirms that this bid is without previous understanding, agreement, Or All applicable laws and regulations of the Federal connection with any person, business, or corporation government, the Stale of Florida, and ordinanees of the submitting a bid for the same matdals, supplies, or \ Ci~ of Pompano Beach will apply to an)' resulting bid equipment, and that this bid is in all respects fair, and award. without collusion or fraud. Bid H-45-08 Page 11 of22 - Initial I - 62- Bidder Name Additionally, bidder agrees to abide by all conditions of 27. Bid Tabulations this bid and certifies that they are authorized to sign this bid for the bidder. In submitting a bid to the City Bidders who wish to receive a copy of the bid of Pompano Beach, the bidder offers and agrees that if tabulation should request it by enclosing a stamped, the bid is accepted, the bidder will convey, sell, assign self-addressed envelope with their bid, or by requesting or transfer to the City of Pompano Beach all rights, title a tabulation be sent to their fax machine. Bid resullS and interest in and to al] causes of action it may now or will not be given out by telephone. The City does not hereafter acquire under the Anti-trust Jaws of the notify unsuccessful bidders of contract awards. United States and the State of Florida for price fixing relating to the particular commodities or services 28. Assignmr:nt purchased or acquired by lhe City of Pompano Beach. At the City's discretion, such assignment shall be made Successful bidder maynol assign or transfer this and become effective lttt,e time the City tenders final contract, in whole or part, without prior written payment to the bidder. appraval of the City of Pompano Beach. 23. Indemnification 29. Termination for Convenience of City Contractor covenants and agrees Ih.t il will indemnify Upon seven (7) calendar days written notice delivered and hnld harmless the Cil;, and all of the City's officers, by certified mail, return receipt requested, to the agents, and employees from any claim, Joss, damage, successful bidder, the City may without cause and costs:! charge or expense arising out of any act, action, without prejudice to any other right or remedy, neglect Or omission by contractor during the terminate the agreement for the Cily's convenience performance of the contract, whether direct, or indirect, whenever the City detmnine, that sueh le1:mination is and whether to any person or property to which the in the best interest of the City. Where the agreement is City of said parties may be subject, except that neither terminated for the convenience of the City the notice of the contractor nor any oOts sub-contractors will be lermination to Ibe successful bidder must state that the liable under this section for damages arising out of contract is being lerminaled for the convenience of Ihe injury or damage to persons or property directly caused City under tbe tennination clause and Ihe extent of the or resulting from the sole negligence of City or any of termination. Upon receipt of such notice, the its officers, agents, or employees. contractor shall promptly discontinue an work at Ihe time and to the extent indicated on the nolice of 24. Reservation for Rejections and A ward terminationl terminate a.ll outstanding sub-contractors and purchase orders to the extmt that they relate to the The City reserves the right to accept or reject any or all terminated portion of the contract arid refrain from ( bids or parts of bids, to waive irregularities and placing further orders and subcontracts except as they technicalities, and to request re-bids. The City also may be necessary, and complete any continued j)Ortions reserves the right to award the contract on such items of the work. the City deems will best serve the interests of Ibe City. The City further reserves the right to aw.rd the contract 30. Public Entity Crimes on a Hsplit order" ba.sis, or such combination as shall best serve the interests of the City un;ess otherwise In accordance with Florida State Statute 287.133 (2)(a1: specified. A person or affiliate who has been placed On the convicted vendor list following a conviction for a 25. Intefllretalions public entity crime may not submit a bid on . contract to provide any goods or services to a public entity, may Any questions concerning the conditions and not suhmit a bid on a conlnlct with a public entity for specifications contained in this bid should be submitted the construction or repair of a public building or public in writing and received by the Purchasing Division nO work, may not submit bids on leases of.1'e.1 property to later than five (5) working days prior to the bid a public entity, may not be awarded Or perfOfI1l work as opening. The City of Pompano Beach shall not be a contractor, supplier, subcontractor or consultant teSj>onsible fOT oral interpretations given by any City under a contract with any public entity, and may not personnel or representative or others. Th~ issuance of 8. transacl business with any public entity in excess of the Mitten addendum is the only official method whereby threshold amount provided s. 287.017 for CATEGORY intel]lretation, clarification or additicna] information TWO for a period of 36 months from the dale of being can be given. placed on the convicted vendor list. 26. Failure to Respond 31. Governing Procedures If you elect not to bid, please return enclosed This bid is governed by the applic.ble sections of the "Statement of No Response" form by the bid due dale, City's General Services Procedures Manual. A copy of and sra!e YO'Jr reason(s) for not bidding. Failure to the manual is available for review at the City r"'pond, either by submitting a bid, or by submitting a Purchasing office. "Statement of No Response" form, may result in your name being removed from our mailing lis!. 32. Identical Tie Bids In accordance ",ith Section 287.087, Stale of Florida Statutes, preference shall be given to businesses with Drug-free Vlorkplace Programs. Vihenever two or Bid H-45-08 Page 12 of22 - Initial ! - 63 - Bidder Name more bids wbich aTe equal with respeot to price, quality, and servioe are received for the procuroment of 34. Optional Cantract Usage commodities or contractual senrice, a bid received from a business that certifios tbat it has implemented a Drug- ^" praviced in Section 287.042(17), Florida StaMes, free Workplace Program shall be given preferm"" in State of Florida agencies may purchase from a contract tbe award process, resulting from this salicitati on, provided the Depamnent of Management Services, Division of Established procedures for processing tie bids will be Purchasing, has certified its use to be cost effective and folio wed if none of the tied vendors have a Drug.free in the best interest of the Slate. Contractor(s) may sell Workplace Program. In order to have a Drug-free such commodities or services certified by the Division Workplace Program, a business shall: to State of Florida agencies at the contractor's option. 1) Publish a statement notifying employccs 35. Non Discrimination that the unlawful manufacture, distribution, dispensing, possession, or use of a There shall be no discrimination as to race, color, controlled substance is prohibited in the religion, gender, national origin. ancestry, and physit;B,] workplace and specifying the actions that or mental disability in the operation.s conducted under will be taken against employees fOT this contract. Included as applicable activities by the violations of such prohibition. contractor under this section are the solicitatian for, or purchase of. goods or services, or the subcontracting of 2) Infonn employees aoout the dangers of drug work in perfonnance of this contract. abuse in the workplace, the business's policy of maintaining a drug-free workplace, any 36. Notice To Contractor available drug counseling, rehabilitation, and employee assistance programs, and the The employment ofunauthorixod aliens by any penalties that may be i:nposed upon contractor is considered a violation of Section 274A(e) emplnye<s for drug abuse violations. of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, 3) Give each employee engaged in providing such violalion shall be cause for unilateral cancellation the commodities or contractual :services that of the conlraCt. are under hid a copy of the sta.tement specified in subsection (1). ( 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contracWal services that ate under bid, the employee will abide by the teImS of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any State. for a violation occurring in the workplace no later than five (5) days after such conviction, 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such js available in the employee's com~unity, by any employee who is so convicted, 6} Make a good faith effoTt to continue to maintain a drug-free workplace through implementatfon offl1is section. 33. Invoicing/Payment All invoices should be sent to City ofpomrano Beach, Accounts Payable, P.O. Drawer 1300, Pompano Beach, Florida, 33061. In accordance with Florida Statutes, Chapter 218, payment win be made v,ithin 45 days afier receipt of merchandise and a proper invoice. The City will attempt to pay within fewer days if bidder offers a payment discount. The City cannot make ( advance payments, make deposits in advance of receipt of goods, or pay C,O.D. Bidders should state any payment discOUTJt in space provided on Proposal fonn. Bid H-45-08 Page 13 of22 - Initial I - 64- Bidder Name SECTION ill - PROPOSAL IMPORTANT!! ! BID MUST BE SIGNED TO BE CONSIDERED FOR AWARD PER GENERAL CONDITIONS SECTION 3 Antiscalant, as specified herein $ (per gallon) Recommended Dosage (mg/L) Product offered: Manufacturer Product weight (pounds per gallon): Does the product offered conform to ANSlINSF Standard 60? Yes _ No_ Each order placed shall be no less than 2,500 gallons Describe dosage/monitoring/control equipment to be provided: r I, Delivery time after receipt of order calendar days State telephone number for placement of orders: State telephone number for emergency contact after regular hours: State your method of delivery from source to City's water treatment plant: How wi.ll you assure supply and delivery to the City in the event of a transportation crisis involving truck, railcar, etc.? Bid H-45-08 Page 14 of22 Initial - I - 65 - Bidder Name If awarded the contract resulting from this bid, will yoUr company agree to extend the same , prices, terms and conditions to other governmental entities? (Note -- Optional, agreement not required for contract award.) Yes No - - Conflict of Interest: For purposes of detennining any possible conflict of interest, all bidders must disclose if any City of Pompano Beach employee is also an owner, corporate officer, or employee oftheir business. Indicate either "Yes II (a City employee is also associated with your business), or "No". If yes, give person(s) name(s) and position(s) with your business. (Note: If answer is "Yes", you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313.) No - Yes - Name & position Drug-Free Workolace: Whenever two or more bids which are equal with respect to price, quality, and service are received for the procur=ent of commodities or contractual service, a bid received from a business that certifies that it has implemented a Drug-free Workplace Program shall be given preference in the award process. Ifbidder's company has a Drug-free Workplace Program as outlined in General Conditions, section 32., so certify below: Yes, bidder has a drug-free workplace program _ No - C Is your company a Small Business Enterprise, as described in Section 1. Specifications/Special Conditions, H. Small Business Enterprise Program? Yes - No - Name & address of company submitting bid: .....................................,.'..................................,............... . ... . ~. . ... .... .... . ..... . . ........... ..... . .... ... . .... .... ........ ..... . . ......... . ..... . ..................... ................. ..... ........ .... .... ...... ZIp... .............. Federal Employer Identification # or Social Security #: ...................................................................................................... Telephone number: .................................................................... "Fax" number: . ..... ...... ............ ..... ..... ... ........ ......... ....... ............... i " Bid H-45-08 Page 15 of22 - Initial ! - 66- Bidder Name Acknowledgment of the following Addenda is noted: Addendum Number(s) Date(s) Issued I Man II al ';gn a tnre of company omcor: ... -........ ...... ....... ..... .............. ................... ............. ...... I IMPORTANT!!! -- SIGN IN BOX ABOVE /f'I. TYPE OR PRlNTNAM"E BELOW >jo Signer's name (typed or printed): ............................................................................................... Title of signer: ...... .... .............. ..... .... ............ ....... ......... ...... .............................. ..... .... .................. **'" Submit one (1) original bid, and one (1) copy. Submit two (2) original copies of all enclosures such as brochures, manuals, etc. Bidders should submit, with their bid proposal: A copy of written correspondence from Hydranautics, the membrane manufacturer, stating they have approved the product proposed. ( Technical product literature, applicable MSDS, and proof that the product bid has been \ approved by applicable Federal agencies for use in drinking water. A list ofROlNano customers using the product. Descriptive literature on the dosage, monitoring and control equipment with display and alarm to be provided. Bid H-45-08 Page 16 of22 - Initial ! - 67- 13 ~ ..... c: 0 C)..... c: ::J 0 E ~ <c ~ Z :::J :g as ..... c: ] ~ ..... 0 ] m E E <( I ro "0 13 0 z r <( '- E lE z 0 CIl o 0 ...... I -.... c: -LU 0 :5:'t: 0 O::CI) tl ..... w 0 O- lE 00.. ~ ...J0:::2: Q) C]) u.J L.l..ll. 1:: CO CI) - 0:: 0:: 0 CO Z CI) u.J Iu.JO U f-o 0 >- Uf-L.l.. I- W ro I <cZZ ..... UJ 0 u.Ju.J0 :J f- e COcn_ >- OCl)~ f- Zu.Ja... U <(2_ 0..-0 0:: :2:CI)- :Jf- 0 N o III 0:: L.l.. N n.....J<( >- ..... L.l.....J~ rn 0 oct .... c: t- >-~ w 'E .- ..c <1) I-CI) E 8 ~ <3 1:5 5~ (J Q., co ('(l - ~ Q) -0 c: o w c w uo....o ::::: ..c: .E w ..c ~ Qi CIl f- -0 W - ..... CIl c: w ~ ~ E 0 e- m E Q) .... .... ;; u::: <( II) i= '0 ..... - (J c: ~ Q) ~ 00 oCl w ..... E 9 .... E c: CJ.l ~ I- Ir) .0 co 0 (J -.:t E Z U 0 co :t ro -0 I ~ ~ '1:l Z ..... x i:i5 ( "0 ~ <( LU i:Ii I - 68 - Bidder Name LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR Bid Number TO: (Name of Prime or General Bidder) The undersigned intends to perform subcontracting work in connection with the above contract as (check below) - an individual _ a corporation _ a partnership _ a joint venture The undersigned is prepared to perform the following work in connection with the above Contract, as hereafter described in detail: at the following price: (Date) (Name of SBE Contractor) BY: SSE EXHIBIT "B" Bid H-45-08 Page 18 of22 - Initial ! - 69- Bidder Name . ( SMAll BUSINESS ENTERPRISE (SBE) UNAVAilABILITY FORM BID # I, (Name and Title) of , certify that on the day of ,_, I invited the following SBE CONTRACTOR(s) to bid work items to be performed in the City of Pompano Beach: Form of Bid Sought (i.e., Unit Price, SSE Contractor Work Items Materials/labor Address Sought labor Only, etc.) ( Said SBE CONTRACTOR(s): - Did not bid in response to the invitation - Submitted a bid which was not the low responsible bid Other: Signature: Date: Note: Attach additional documents as available. SSE EXHIBIT "C" Bid H-45-08 Page 19 of22 - Initial I - 70- Bidder Name GOOD FAITH EFFORT REPORT 810# 1. What portions of the contract have you identified as SSE opportunities? 2. Did you provide adequate information to identified SBE? Please comment on how you provided this information. 3. Did you send written notices to SBEs? Yes No - - If yes, please include copy of the notice and the list of individuals who were forwarded copies of the notices. 4. Did you advertise in local publications? Yes No - - If yes, please. attach copies of the ads, including name and dates of publication. 5. Did you contact any organizations with large constituents of SSE members for possible sub-contractors? Please attach list of resource organizations used. 6. What type of efforts did you make to assist SBEs in contracting with you? Bid H-45-08 Page 20 of 22 - Initial I - 71 - Bidder Name 7. List the SBEs you will utilize and subcontract amount. ( $ $ $ 8. Other comments: Note: Please attach the unavailability letters with this report. ( 00 " SBE EXHIBIT "0" Bid H-45-08 Page 21 of22 - Initial ! - 72- Bidder Name STATErdENT OF NO RESPONSE If you do not intend to bid on this requirement, please complete and return this fonn by the bid opening deadline to the City of Pompano Beach Purchasing Division, Building C, 1190 N.E. 3rd Avenue, Pompano Beach, Florida 33060; this fonn may be faxed to (954) 786-4168. Failure to respond, either by submitting a bid, or by submitting a "Statement of No Response" form, may result in your finn's name being removed from our mailing list. WE, the undersigned, have declined to bid on this solicitation for the following reason(s): We do not offer this product or an equivalent Our workload ,,,,auld not permit us to perform Insufficient time to respond to the Invitation for Bid Unable to meet Bpecifications (explain below) Other (specify below) \ '. Remarks COMPANY NAME ADDRESS TELEPHONE SIGNA TUREn'ITLE DATE Bid H-45-08 Page 22 of22 - Initial ! - 73 - 6. C CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-141 - Support the elimination of the cap on the State and Local Housing Trust Funds and supporting full appropriation of the housing trust funds for housing programs. EXPLANATION OF REQUEST: In accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act of 1992 are distributed to various municipalities that are "entitlement" communities to assist with affordable housing efforts. However, the State legislature enacted a cap on the Housing Trust Funds beginning in fiscal year 2007/2008. The resolution supports the removal of this cap. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The result of removing this cap would be a return of State Housing Initiatives Partnership [SHIP] Program funding to the level prior to the enactment of the cap on Housing Trust Funds. FISCAL IMPACT: The average allocation for the previous five years has been $566,908, of which the City has enjoyed the ability to use ten percent for administrative costs. For the fiscal year beginning July 1, 2009 to June 30, 2010, the anticipated SHIP funding is expected to drop to $54,000, with only $5,400 being available for administrative costs. This has adversely impacted the city's ability to deliver the program services. AL TERNA TIVES: Not to adopt the resolution. - 74- RESOLUTION R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING ELIMINATION OF THE CAP ON HE STATE AND LOCAL HOUSING TRUST FUNDS (HOUSING TRUST FUNDS) AND SUPPORTING FULL APPROPRIATION OF THE HOUSING TRUST FUNDS FOR HOUSING PROGRAMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has an obligation to provide for the housing needs of its current and anticipated populations and assisting lower income families is dependent upon sufficient housing assistance from federal and state programs; and WHEREAS, thee William E. Sadowski Affordable Housing Act of 1992 created a dedicated revenue source for the state and local housing trust funds expressly and specifically to fund state and local housing programs that assist local governments in meeting the housing needs of its population; and WHEREAS, the Legislature enacted a cap on the Housing Trust Funds of approximately $243 million per year, beginning in Fiscal Year 2007-2008; and WHEREAS, this cap is currently higher than the projected revenue for the Housing Trust Funds for fiscal years 2010-2011, 2011-2012, and 2012-2013, and therefore removal of the cap would have no negative fiscal impact on the state budget; and WHEREAS, housing trust fund monies are the single greatest boost to the economy, providing $7.66 million of economic impact for every $1 million of state funding, and full appropriation of housing trust fund monies is critically needed to stimulate our local and state economy; and WHEREAS, the unmet housing needs of low income Floridians is substantial and the downturn in the real estate market creates opportunities for acquiring, constructing, rehabilitating and preserving housing to meet these needs and these opportunities are lost without housing trust fund monies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The City Commission of the City of Boynton Beach, Florida, supports repeal - 75 - of the cap on the Housing Trust Funds, and urges the Governor and Legislature to adopt statutory changes during the 2010 Legislative Session to repeal the cap. Section 3. That the City of Boynton beach supports full appropriation of housing trust fund monies for housing in the Fiscal Year 20 I 0-20 II Budget. Section 4. That the appropriate City Officials are authorized to do all things necessary and expedient to carry out the provisions of this Resolution. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of October, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 76- SAMPLE/MODEL HOUSTNG RESOLUTION FOR CITY/COUNTY CITY/COUNTY OF FLORIDA RESOUJTTON NO. "-- A RESOLUTION OF THE CITY/COUNTY COMMISSION OF FLORIDA, SUPPORTING ELIMINATION OF THE CAP ON THE AND LOCAL HOUSING TRUST FUNDS (HOUSING TReST FUNDS) AND SUPPORTING FULL APPROPRIATION O.F THE HOUSING TRUST FUNDS FOR HOUSING PROGRA:VIS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. City/County has an obligation to provide for the housing needs of its cunent and anticipated populations and assisting lower income families is dependent upon sufficient housing assistance from federal and state programs; and WHEREAS, the William E. Sadowski Affordable Housing Act of 1992 created a dedicated revenue source for the state and local housing tmst funds expressly and specifically to fund state and local housing programs that assist local govemments in meeting the housing needs of its population; and WHEREAS, the Legislature enacted a cap on the Housing Trust Funds of approximately $243 million per year, beginning in Fiscal Year 2007-2008; and WHEREAS, this cap is currently higher than the projected revenue for the Housing Trust Funds for fiscal years 2010-2011, 2011..2012, and 2012-2013, and therefore removal of the eap would have no negative fiscal impact on the state budget: and V\!HEREAS, honsing tmst fund monies are the single greatest boost to the economy, providing $7.66 million of economic impact for every $1 million of state funding, and full appropriation of housing trust fund monies is critically needed to stimulate our local and state economy; and WHEREAS, the unmet housing needs oflow income Floridians is substantial and the dowuturn in the real estate market creates opportunities for acquiring, constructing, rehabilitating, and preserving housing to meet these needs, and thesc opportunities are lost without Housing Trust fund monies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY/COUNTY COMMISSIO)J OF -- FLORIDA, AS FOLLOWS: Section 1. That the foregoing clauses arc ratified and confirmed as being true and correct and arc made. a specific part of this Rcsolution. Section 2. That thc City/County of supports repeal of the cap on the Housing Tmst Funds, and urges the Govemor and Legislature to adopt statutory changes during the 2010 Legislative Session to repeal the cap. Section 3. That the City/County of SUppOltS full appropriation of housing trust fund monies for housing in the Fiscal Year 2010-2011 Budget. Section 4. That the appropriate City/County Officials arc authorized to do all things necessary and expedient to cany out the provlSions of this Resolution. Section 5, That this Rcsolution shall take effect immediately upon adoption hereof. PASSED ^ND ADOPTED this _day 2009. ATfEST: - 77- Subject: Sadowski Education Effort Good Morning, In hopes of getting funding for Affordable Housing the Sadowski Housing Coalition has initiated a new effort In hopes of educating Florida Legislators about the Sadowski Trust and its importance to the economy. Attached is a samplefmodellocal government resolution. They are asking all municipalities receiving SHIP funding to adopt the resolution supporting this educational effort. If possible, we would like all the resolutions to be adopted by November, 2009. Please send a copy of your resolution to the Sadowski Housing Coalition and the Florida League of Cities once it has been adopted. If you have any additional question please contact Jaimie A. Ross at (850) 222-6277, Rikkia C. Rellford Policy & Political Affairs Department Florida League of Cities Phone: (850) 701-3653 Cell: (850) 445-3720 Fax: (850) 222-3806 - 78 - Page 1 or I . 6r ., ~m~ Prainito, JOll1et ~ :r~' .~rom; Rlkkia Reliford [rrellfOr;~flciti:comJ --.~.._-~"'~ 0 - - :.;...~ S<rnt; Friday. July 31. 2009 9:47 AM To: Prainilo, Janet ~ Sadowski Education Effort (?J / \.QP" .J~' Attachments: SAMPLE local gov resolution for trust f(mdsdoc Qo-I:"~ ~ 0 Fj?)- _ \ -' -V \{..t . ("' "p Good Morning, Q.P"'l ~ V~ d tf' J;7 I 0 ,",",:F.. In hopes of gelling funding for Affordeble Housing the SadoWSki Housing Coalitioll has initiated a new effort in v! hopes of eduC<lling FIQrida Legislators about the Sadowsl<i TrlJSl and its Importance to the !;1Conomy. Attached is a~\ sample/model loc<J1 government r8sQlulo1'l. Hlel' are asking alt municipalities receiving SHIP funding to adopt the ,J. resolution supporting this educational effort. If posslbie, we wmlld like alllrl8 resolutiolls to be <Jdoplsd by ~ xP Novernber, 2009, Please s6rJd OJ copy of your resolution to !ile Sadows~j Housing Coalition and the Florida ' \<.;-J League of Cities once it h<ls been ad,)plecl. \1.. .' , r OIY" If you have any additional question prease contact Jaimie A. Ross at (850) 222.6277. ~ {O ~rr:::0>~~\\~'~,~ lC; ~~ .Ie \\;'.1 I:;:; i '- ., L " c. """1 ~'III , I ii, MJG -. .3 2009 U11 CITY MANAGER'S OrnCE I --~ L2 : i Wd C - mw 60 3:J:l;l.dQ S,ildj L} ^H~ ftJ\lJs HO L/{}, fi8 JO:AJJ;~ &/312009 - 79- 6. D CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. EXPLANATION OF REQUEST: The annual Holiday Parade is scheduled to take place on Saturday, December 5,2009 at 5 p.m. traveling north on Federal Highway in the southbound lane. It will be necessary to temporarily close Federal Highway beginning at 2:30 p.m. on December 5, 2009 from Boynton Beach Boulevard south to Woolbright Road to provide for the safety of the participants and citizens who attend this event. Pursuant to Chapter 14-65, Florida Administrative Code, the Florida Department of Transportation requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a Resolution authorizing the special event. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The permit for the temporary road closing will be denied without the Resolution. FISCAL IMPACT: None. AL TERNATIVES: Cancel the annual Holiday Parade. - 80 - 1 RESOLUTION NO. R 09 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE TEMPORARY 5 CLOSING OF FEDERAL HIGHWAY ON DECEMBER S, 6 2009, FOR THE ANNUAL HOLIDAY PARADE AND ,., AUTHORIZING THE CITY MANAGER OR HIS I 8 DESIGNEE TO APPLY FOR STATE PERMITS l<'OR 9 THE TEMPORARY ROAD CLOSING; PROVIDING 10 FOR E}'FECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach's annual Holiday Parade is scheduled to be 13 held on Saturday, December 5,2009 at 5:00 p.m.; and 14 WHEREAS, in order to provide for the safety of the participants and citizens 15 attending the Holiday Parade, Federal Highway will be required to be closed from Boynton 16 Beach Boulevard south to Woolbright Road beginning at 2:30 p.m.; and 17 'VHEREAS, the Florida Department of Transportation requires the local government 18 to authorize all temporary road closures on state roadways; and 19 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize 20 the temporary closing of Federal Highway from Boynton Beach Boulevard south to 21 Woolbright Road on December 5, 2009, to provide for the safety of the participants and 22 citizens attending the Holiday Parade; and 7' WHEREAS, the City Manager is authorized to apply for the permit for temporary ~~ 24 closing of state roads for special events, pmsuant to Chapter 14-65, Florida Administrative 25 Code, for said temporary closings; 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "WHEREAS" clauses are true and correct and 29 hereby ratified and conlirmed by the City Commission 30 Section 2. That the City Commission of the City of Boynton Beach authorizes the 31 temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright 32 Road commencing at 2:30 p.m. on Saturday December 5, 2009, for the annual Holiday 33 Parade. C:\Docurncnts and Sertings\pylej\Local Sdtings\Temporary Internet Files\OLK5\Road C)OSillgS Holiday Parade (2009).doc - 81 - ] Section 3. The City Manager is hereby authorized to apply for permits fi'om the 2 Florida Department of Transportation pursuant to Chapter 14-65, Florida Administrative 3 Code, for said temporary closings. 4 Section 4. That this Resolution will become effective immediately upon passage. S PASSED AND ADOPTED this _ day of October, 2009. 6 "T CITY OF BOYNTON REACH, FLORIDA I 8 9 IO Mayor - Jerry Taylor I] ]2 ~-~---------'"'- ]3 Vice Mayor - Woodrow L. Hay 14 15 16 Commissioner- Ronald Weiland 17 ]8 19 Commissioner - lose Rodriguez 20 2] --_._._-"-- 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 (Corporate Seal) C\Documen(, and Sellings\pylejlLocal Settings'demporary Internet FiJcsIOLK5\Road Clu,;ngs Holiday Parade (2009).doc - 82 - (THIS PAGE INTENTIONALL Y LEFT BLANK) - 83 - 6. E CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6th, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-143 - Approve the Local Agency Program (LAP) Agreement between the City of Boynton Beach and Florida Department of Transportation (FDOT) for the construction and construction-engineering-inspection (CEI) services of the Seacrest Boulevard Roadway Improvements project. EXPLANA TION OF REQUEST: On March 19th, 2009 the Metropolitan Planning Organization (MPO) awarded the Seacrest Boulevard project $1,998,838 dollars in ARRA funding. On April ih, 2009 the City Commission approved a piggy-back of the CRA design and professional services agreement with Kimley-Horn & Associates, Inc. On July 29th, 2009 the City received from FDOT the updated LAP Certification allowing City staff to perform the procurement, construction, and construction-engineering-inspection (CEI) phases of the project. The preliminary and initial engineering submittals have been approved by FDOT and on September 2nd, 2009 the bid documents and construction plans were submitted for approval. Prior to and as part of the final approval from FDOT the City must enter into an agreement before the project can be advertised for bid and the construction phase can commence. The project scope will include, but is not limited to raised median sections, mill and resurfacing, landscaping, irrigation, reclaimed water line extension, street lighting, sidewalk, and signing & pavement markings. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? City staff will be performing construction, engineering, and inspection (CEI) services during the construction phase. City labor associated with CEI is eligible for reimbursement under the agreement up to 10% of the project cost. Funding of CEI costs will be reimbursed from the ARRA funding; if the construction budget does not exceed the allocated ARRA funding of $1,998,838.00. - 84 - FISCAL IMPACT: The design costs will continue to be borne by the CRA. The construction and construction, engineering, and inspection (CEI) costs will be paid for out of the allocated ARRA funds up to $1,998,838.00. The construction costs for the extension of the reclaimed water line will be paid for with CIP funds from the Utilities Department; project #REU003; account #406-5000-590.65-11. AL TERNATIVES: Do not approve the Local Agency Program (LAP) Agreement between the City of Boynton Beach and Florida Department of Transportation (FDOT) and forfeit the allocated ARRA funding of $1 ,998,838.00 dollars. - 85 - I ~ I RESOLUTION NO. R09- A RESOLUTION OF THE CITY COM:\'JISSION OF ~ I THE CITY OF BOYNTON BEACH, FLORIDA, : I AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A LOCAL AGENCY PROGRAM 7 I AGREEMENT (LAP) WITH THE STATE OF FLORIDA I 8 I DEPARTMENT OF TRANSPORTATION (FDOT) FOR 9 , THE CONSTRUCTION AND CONSTRlJCTION I ADMINISTRATION OF THE SEA CREST 10 I 11 I BOULEVARD ROADWAY IMPROVEMENTS 12 I PROJECT; AND PROVIDING AN EFFECTIVE DATE. 13 14 I WHEREAS, on April 7, 2009, the City Commission approved a piggy-back of the I 15 I CRA design and professional services agreement with Kimley-IIorn & Associates, Inc., for I 16 I the Seacrest Boulevard Project; and I I 17 I WHEREAS, on July 29, 2009 the City received from FDOT the update Local 18 I Agency Program Agreement Certification allowing staff to perform the procurement, I 19 I construction and construction administration phases of the project; and I 20 I WHl<~REAS, prior to and as part of the final approval from FDOT the City must 21 I enter into an agreement before the project can be advertised for bid and the construction I 22 phase can commence; and 23 WHEREAS, the City Commission upon recommendation of staff, deems it 24 appropriate to authorize the City Manager and City Clerk to execute the Local Agency 25 Program Agreement between the City of Boynton Beach and Florida Department of 26 Transportation for the construction and construction administration of the Seacrcst 27 Boulevard Road\vay Improvements project. 28 NOW, THERKFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, f'LORIDA, THAT: 30 Section 1. The foregoing "Wl1ereas" clauses are bereby ratified and confirmed as S:\CAIRESOlAgreementsILAP - FDOT Seacrest Blvd Roadway Imp.doc I - 86 - I I I I ~ II I being tme and correct and are hereby made a speciJic part of this Resolution upon adoption I I ! 2 hereof. I 31 ' Section 2. The City Commission of the City of Boynton Beach, Florida does 41 hereby authorize and direct the City Manager and City Clerk to execute the Local Agency 5.1 Program (LAP) Agreement bctween the City of Boynton Beach and the Florida Department , 6 I of Transportation for the construction and construction administration of the Seaerest 7 Boulevard Roadway Improvements project, a copy of which is attaehcd hereto as Exhibit 8 "A", and incorporated herein by reference. , 1~ I Seetion 3. That this Resolution shall take effect immcdiately upon passage. ~~ I PASSED AND ADOPTED this _~ day of October, 2009. 13 I CITY OF BOYNTON BEACH, FLORIDA 14 I 15 16 I Mayor Jen)' Taylor 17! 181 19 I Vice Mayor Woodrow L. Hay 20 I 21 I ~----,- 22 Commissioner - Ronald Weiland 23 I I 24 I I 25 I Commissioner Jose Rodriguez I 26 I I 27 i I . --~~ I 28 I ATTEST: Commissioner - Marlene Ross I I 29 I I 30 I I I --- 31 I Janct M. Prainito, CMC I 32 I City Clerk 33 I I 34 I I 35 I (Corporate Seal) 36 37 I 38 S:\CAIRESO\Agreements\LAP. FDOT Seacresl Blvd Roadway Imp.doc I I I - 87 - STATE 525-.o1Q..40 LOCAL PROI}UCllON SUPPORT 02109 Page 1 FPN: 426898-1-58-01 Federal No: ARRA 029 8 FPN: Federal No: FPN: WIT N E SSE T H: WHEREAS, the Age!ncy has the aUlhorltyto enter 11110 this Agreemententito undertake!he projecthere~nafterdescribed, and the .Department.has..beengfanted.the autha(itytO..ful'lct\on.. Mequatejy..in..a:II.areas..or..apprOpl'late.}urisdlcUOl'l..li'l\.:luding the imptementation of an integtated afid balani'.:edtra/1sporfatlon systernal1dIsauthorized under Sectlon339.t2,F"iorlda Statutes, to enter intn.lhis Agreement; NOW, THEREFORE, In consideration of the P-romises and representaHons nerein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in flexible pavement reconstruction of Seacrest Blvd. from Boynton Beach Blvd. to NW. 13th Ave. and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A+B+1 +L +RL +S+T+X are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Aqency Proqram Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shal! be in charge of each project. Removal of Any Unbilled Funds if Ag~ncy fails to timely pertorrn 1ts ooligatio!'lsins\,\bmi~tfQglll",Qjces(l:nq1jo(;lIments necessarjfor the ctose outorlhe project,ands;;lld faIlure results \naloss oftherem<llnif)g(mtl!IIMWl'lqil"lg}WI1~rIJY Federal withdrawal otfi.lndsaf I@ss of Stateappropriallt?n authoriW (which may if!cludebQthf~deraHllndsandstatef<lnds, if any state funds are. on the project), Ager1cywlllbe r~sponsiblefor H1ensmalningiJl"\b~ll$dfUhdsCinIMprClject No other funds Willb$j'>fovidedbythe Department Agency waives the right tocontesf$l.ic:flteriitl\ialoFfUnd~bythe Department, if said removtl!lsdlredly related to Fed-eral. WHWA) withdrawal of fundsdr@W9f$@~~PI'@priati9i1autho(itydue to LocaIAg~ncy'sfail\,jre or nonperformance. In addition to loss of funding, IheOepal"tmeptIlJHlcohsidefde-certificalion of said Ageficyfor future LAP projects. - 88 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-.01Q.-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT ()2i09 Page 2 Removal of All Funds If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then tt~e department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2011. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of tllis Agreement. Expiration of this Agreement will be considered termination of the project The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local uws:IMheevenl that any election, referendum, approval. permit, notice or other proceeding or authorization isrequisiteunderappllcable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe,as$umeorcarry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by IClW,aHactidns necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall lnitiateahd prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to proVide the necessary funds for completion of the project 2.05 Submission ofProceedirlgs. Contracts"aMOthoerOocuments: The Agency shall submit to the Department such data, reports, records, contracts, and otherdoc\.!ments relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.Gll Project Cost: 3.01 Total Cost: The total cost of the project is$.h~g~,8S8.UO. lhis amount is baseoupon the schedule of funding in Exhibit "B." The Agency agrees to bear aH 8cxpehsE1sil1excess of the totatcost of lhepf'bject and any defICits involved The schedule of funding may be modified by mutlJalagreernent as provided for in paragraph 4.00. 3.02 Department Participation: The DepartmentagfeaSJo participate, inciuding contingencies, in the proJectcostto the extent provided in Exhibit "B." This amount incluoesfedeml-aid funds which are ii:mited to Ihe actual amount of federal- aid participation. 3.03 Limits on Department Funds: Project costsel@blefor Department participation will be allowed only from the date of this Agreement. It is understood that Departmenfparticlpatlcm in eligible project costs is subject to: a) Legislative approval of the Departf11efjt'sappropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3,04 and 3,05 of this Agreement; c) Approval of all plans, specifications, contr<:lcts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority beCOme$avai~able. 3.04 Appropriation of Funds: The DepartmenfsperfurtnMceafldooligati<m to pay under this AgreeiTlanti$cqnttngent upon an annual appropriation by the Legtslatute.Wtl1eQ$p~q!Tl@t'sjuhging fOr this project is in lI1uWipll~fls@!years, funds approval from IDe Department's Comptroller mtiSl~(~q~iVed~ac:hflscal year prior to costsbeir"lgir1cl.ltr#d. See Exhibit "8" for funding levels by fiscal year. Projectco@;.\.I.llf.izingthese fiscal year fundSara!1(lt~Hgib!e . for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency,in writing,when funds are available" 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339. 135(6)(a), Florida Statutes, are hereby incorporated: - 89 - .SIAn:: OFfL(lRIO.A OSrARW~~TOF TilArs.SP(jR-tATION 525-010-40 LOCALAGeNCY PROGRAM ASREEMENT PRODUCTION SUPPORT 02;09 Page 3 "(a) The department, during anyfl$q~l~ar, shall not expeMmQtleY, incur any liability, or enter into any contract which, by its terms, f!1volVe~fu~$xp(;inditureoLrnon$[yirIexcess of th.e amounts budg.etedas available for expenditure during suchflScaLyear. Any m:mtrMl,verbal or written, made in violation of this subsection is null and voiGl, and no monMlTl"ay be paidp!1Sl.Iclu::ofilract The department shall require a statement from the comptroller of lheDepaqment thatft@:lsa.reavaita..ble prior to entering into any such contract or other binding commitmentoffuHd13. Nothing herein contained shaH prevent .the . rnaking of contracts for periods exceeding 1 year,blJtanycontractsdiT1adeShall be eXeclJtoryonly for thevall.leof the services to be rendered or agreedtobepiiM rorinsueool;R1ifl!J fiscal years, anathisparagrWflshal1 be incorporated verbatim in all contfactsdftheDepartmentwhichare foranClmounlinexCe:5$ of'$25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed from the Department 3.01 Limits on.. Feder~l Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformltywilh applicable Federal>and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid onaccounl OfarlYcosl incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereofinvol\lings\.lCh cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shaH notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. WherecorrElPtable non.compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance Is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project EstImate and DlsbtlfSement~Ch&dl.lfe: PriQr to the execution of thisAgreel1lent,a:proj~ts(;hed~tle of funding shall be prepared by the Agency and approv$l:fby the Department.TM Agencysf1all!l'l>3.il"lt~ih$$iQ$ph@t1le of funding, carry out the project. and shall incurqbllg$tions.against.and . make disbursem~ntsMptoj~<>tl'~@;@@ly.in conformity with the latestapprovedscheduJeoHu6dil'1gfor the project The schedule oHu.ndingm,W~xtl;lW~@rpYmutu<;\1 written agreement betvl/eenthe OepartmentandtneAgel"lCY. If revised, a copy of Iherevi~iQf1l$flOWd~f9rwJ:lm@Joth~ Department'sCornptroller and to the Department's Federal,ai<:l Program Office. Noinc:reMe..or....d:ecrMse...$hal!....OO effective unless it complies with fund participation requirements of this Agreement and is approved by the Depattl'l"leflt's Comptroller. 5.00 Records: 5.01E$t<.s.1:>1l$hmEll1tand Mail'ltel'H~nCe ofAccl;umtlng Records: Records of costs incurrMunder th€!I~@soffhiS Agreem:enlsh!'lllbe mainttllned and made available upon request to the Dep<i.rtmenl at aU iimesdu@gll1ePElI'IQ9QUhls Agreement (:l.rrd forSyear~ after the final payment Is made Copies of these documents andreCClrds~h~n~Jl.lrnlsl1.eQtQ the Department uponreq.uest.Records of costs incurred include tile Agency'sgeneralaccol.JntingreGqrqs~r'1dlh~prqJect records,tQQetherwilh svpporting documents. and records of the Agency and aU sUPconlractorsperformin9w-orkol'llhe project ana aU other records oHhe Agency and SUbcontractors considered necessary by the Dep~rtmenHoraprol*wal.id!t of 06$1$. .lfMy Utilj'atlbl'l,claim or audIt is stattedb\:lfore the expiration of the5-yearperJod, tM r~oord$shallb\:lt\:llall'l\:ld until all ll11gatloni claims or audit findings involving the records have been resolved. 5.02 CO$t$lnCUfr~dforProject: The Agency shal! charge to the project accounlaH eligible COsts of1hepr'Ojlilctexcept costs agr~ed tope borne by the Agency or its contractors and subcontractors. Costs in eXcess of the programmed funding or attributable 10 actions which have nol received the required approval of thl;! Department shaH l1otbeconsidered eligib!e cos!$. 5.03 Documel'ltation: of Project Costs: All costs charged to the project, including any approved servioosconlrihutedby the Agl;ll1cyorothersi shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in properdetail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the followil'l9Criteria: - 90- n_..n..n...n.,. ,-..-- -.. ..................... ..................... .................,.. STATE OF H(}IlIDA Il<i:PARTMErf1'()F m.~N.SPQRTATION 525"JiD-4Q LOCAL AGeNCYp~OC3RAftIIAG~EeMENT PRODUCTION SUPPORT 02/09 Page 4 The administration of resources awarded by the Department to the be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of auditsc9nducled in accordal1Cl:Lwith OMS Circular A"133 and Section 215.97, Florida Statutes, as revised (see "Audits" beJOwl,monitoring procedures may include, but not be limited mion-slte visits by Department staff, limited scope audits as definetlbyOMB Circular AH33, as revised, and/oroltlerprocedllfetS. By entering lrito this Agreement, the reCiplentagrees !ocorrrplyai1d coopemte fUllY WllhaMmottlt6!'ln1) proceduresJpwcesses deemed appropriate bytMOepartment. In the event the Departm~nt delerrnillesthata limited scope audit of the recipient is appropriate. Ih~f~tiRientagrees to camplyWlth any addilionallnstrlJttfon~pr()\llq(edi'Jy the Department staff to the Agency regarding sucha@it . The AgenCyJurtheragrees to comply and cooperare: With any inspections, reviews, investigations or am:lltsdeemednecessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor GeneraL Audits Part I - Federally Funded: Recipients of federal Amds(i.e., state, local government or non-profit organizations as defined in OMS Circular A"133, as revised) are tOl1aveaudits done annually using the following criteria: 1. In the event that the recipient expends $5(}O,OOO or more in federal awards inits fiscal year, the recipient must have a single or program-specific audit t;Qr1dl.lCled in accordance With the.provlslonsofOMB Circularf\-133,as revised. Exhibit "1;' of this Agreemel'lt)!1ejjcatesfederal resourC€)sawarrWjthrOl..lflhtheDeP<.1rtl'n~l1rby this Agreement In determining the federal aWards expended inils fiscal ye<ar,.lherecipieht sh8lllcom1ider</3HsQurces of federal awards, including federal resolircesreceived from the. Depa.rtment. T!"\edetermination .otamountaof federal awards expended should beinaccortlance with the gUldei.ines established byOM8 CircularA-133, as revised. An audit of the recipient oonductedby the Auditor General in 2cc(jf(lance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part 2. In connection with the audit requirementsM<lressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibi1!ti6sas provided in Subpart C of OMS Circular A-133, as revised. 3. If the recipient expends less than $S.QO,OOOlnJei;leral awards in its fiscal year, an audit conducted in accordance with the provisions of OMBCircularAc133,asfevlsed, is not required. However, if the recipient elects to have an audit conducted in accordance with tnePrOVISlollS of OMS Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (Le., thacost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified llsingtMCatalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of ti'Wawarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a nor1-state entity as defined by Section 215.97(2) (I), F!orida Statutes) are to have audits done annually uslngthe fallowing criteria: 1. In the event that the recipient expends alotaI af11\>Unt .pfstatl:l financial assistance eql.lal to or in excess of $500,000 in any fiscal year of suct!.recjpient,the rEiclpier'\tmusthave a statesing(eor project-l';pecJfic audit for such fiscal year in accordance with Secljqn.216,97,FI()ridaSt~Mes., applicable rules. of the Executive Office of the Governor and the CFO, and Chapters 10.550 (loi::algovernmen:talel1tflies) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General-Exhibit q"JothisAgreement illdicatesstate financial assistance awarded through the Department by thisAgreemenLll1determlningthe slateflnancial assllStanceexpended in its fiscal year, the reCipient shall consider all soorcesofstate fil1ancial assistance, Including stale financi.al assistance received from the Department, other state ageflcles,ancl other non-state entities. State financial assistance does not include federal direct or pass.through awards and resources. received by a nOn-state entity for federal program matching requirements. 2. In connection with the audit requirements addres$l:\dtnPart IJ, p;aragraph 1, thl:\ recipil:\nt shall ensureJhat the audit complies with the requirements of Section 215.91{7}, Fl!;)lida Statutes. Th.isindudes sUbrnissiM of a financial reporting package as defined by Section 215.97(2Hd),Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit ahd for~prombr'gani'tatJtlns), Rules of the Auditor General. - 91 - .. _....... .. n" H. ..._.. .-.. ,....... . ... ... ........-.. .. ... ........ .. ....... ......... ........ ........ . ... . .......... ......... ............ .... .......... ST!\T!:;OF.fW;,IQA perARTM~m OF TW\i'<'SfORTAT@'< 525-010--40 LOCALAGe!\H:::'f PROGRAl\I'IAQREEMENT PRODUCT10N SUPPORT 02i09 Page 5 3. If the recipient expends less than$\'5QQ,OQOih state flfl~ncia.la$$istance in its fiscal year,an audit conducted in accordance wi!h the provisions ofSe<:tld.n2t5.97, Flprjd,%lSliOlMes, is not required. However, if the recipient elects to have audit conducted in acco#::lancewith tMprovisionsof$ection 41597., F!orida StaMes,tnecas! of the audit must be paid from the nOI1"st*Elentity's res/:Jurces{Le.,the cost of such an audit must be paid from the recipient's resources obtained from otherthanState entities), 4. State awards are to be identified IJsingtheCatalog of Statli:) FiMI"1Cial Assistance (CSFA) title and number, award number and year, and name of the state ag€:hcy awarding it. Part III - Other Audit Requirements: Ther~cipientshall foUoWtlpahd take corrective action. tmal.ldlt~t\dlngs. Preparation of a Summary Schedule of Prior 't'~afAl.ldit Finding's,inCil.ldirig corrective action and currei1tswtus of the audit findings is required. Current year audit flndil'lgsrequire correctiVe action and status oHindln1:}S Records related to unresolved audit findings., appeal$Qf ~tigatfon $:haJI pe retained until tl1eacttQnj$GOmpl~tedor. the dispute is resolved. Access to project records andaw.:litwork papers shalipe 9Ivent.otheDepartrn~nt,JheP~palttnent of Financial Services, and the Auditor General. Thisseotion does notlimilthe authority of the De:partmef'1:IJocoMucf or arrange for the conduct of additional auditsdor eValtlatlonsofstate financia:lassistance or limit theatltl1otltyofanybther state official. Part IV - Report Submission: 1. Copies of financial reporting packag0.sAQLaU(1I!scol1ducted In aCCord.ance w.tlhOMBCi(Cular A433,asrevised, and required by Part I of thisAgreementshallbesl.lbmltted, whenrequiredbySection.32Q{d},OMBCircular A- 133, as revised, by or on behalf of the teclp~l1fdlrectiy to each of the following: a) The Department at each of the following 13ddress(es): Karen Maxon, Work Program Coordinator. Work Program Office, 3400 West Commercial Blvd. Ft Lauderdale 33309-3421 b) The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular A-133, as revised. 2. In the event that a copy of the financial reportingpa<:;l<age r!;lCjulred by Part lof this Agreement;:lndcond!.lcted in accordance with OMS Circuiar A-133,asrevlsed,isnotrequired to be submitted to the Department fur reasons pursuant to Section .320 (e)(2), OMS CircularA.t33,asfevised, the redplentshal! submitth.erequ!redwritlen notification pursuant to Section .320 (e)(2)and a copy of the redplent's audited Schedule of ExpenditUres of Federal Awards directly to each of the following: Karen Maxon, Work Program Coordinator, .Work Program Office, 3400 West Commercial Blvd., Ft. Lauderdale 33309-3421 In addition, pursuant to Section .320 (f), OMBCircul$rAd33,as revised, the reoipientshall submit a copy of the financial reporting package described in Section,3&lO(C),OMB CircularA.133. as revlsed, and any Management letters issued by the auditor, to the Departmentat each ofthe following addresses: Karen Maxon, Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd., Ft. Lauderdale 33309-3421 - 92- STATe OfFC.O~IQ"'.!lef'ARTM"NT OF mA"$PQRT~rtQN 525--010-40 LOCAL AGENCY pROGRAM A.GREEMENT PROOUCTION SUPPORT 02109 Page 6 3. Copies of the financial reportingp<'lc~agerequired by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the foHowing address(es): Karen Maxon, Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd, Ft. Lauderdale 33309-3421 b) The Auditor General's Office at the following address Auditor General's Office Reom 401, Pepper Building 11'1 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Karen Maxon, Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd, Ft. Lauderdale 33309-3421 5. Any reports, Management Letters, or other information required to be submitted to the DepartrrHimt pursuant to this Agreement shall be submitted in atime!:Yrnanner in accordance with OMBCircularA133, asrevised,F!orida Statutes, and Chapters 10.550 (Iooalgovemmental entities) or 10.650 (nonprofit and for.profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A.133, as revised, or Chapters 10.550 (local governmentai entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shaJlrtltain sufficient records.demonstratingi!s compliance with the terms of this Agreement for a period of at least 5 ye<3r$frorhtheclsb~ theai)dit reportislssued and shall allow the Department or its designee, the state CFO or Auditor Generalaccesstosuchrecordsupofrreques!, The reciplentshallensLlrethat the independent audit documentation is made a\i'ailahletothe Department, or its designee, the slate GFO or Auditor General upon request for a period of at least 5 years fromlhe dale the audil report is issued, Llrllessexlended in writing by the Department. 5.05 Inspection: The Agency shall permit, amjshall require its contractors to permit, th~ Pepi;)rtH1E!nt't;13uthjjrlzed representatives and authorized agents of FHWA toln$p~t ailwork, workmanship, materfals,pay:rolls,amftec6rdsand to audit the books, records, and accounts pertaining tothef.ina.ncing and development of the project. The Department reserves the right to unilaterally canoo!tl11$ Agreement b refusal by the Agency oranY~Qfl!r~ctor,sub- contractor or materials vendor to a!lowpubHca.ccess tQdaUqQ~llm~nt5.p$PE!rs, letters or othetmat~rlal@bJeGJJodhe provisions of Chapter 119, Fiorida Statutes, and made oneceNed in conjunction with thisAgreemenqSectlon2:a1.05S(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and ReaIPl'o~I'W'$tatlstlcal Report: For any project requiring EiddillCina.!rlght- of-way. the Agency must submit to the Depa,rtl'1lenfan arll1u<d report of its real propertyacq1.lisffionandre:iocat16n assistance activities on the project. Activities sMllberepqr18cl on a federal fiscal year.basis,fromQclob$ftthrough September 30. The report must be prepared using the format prescribed in 49 a.F.R. Part 24, Appendixl!.l,and be submitted to the Department no later than October 15 ofeacllyear 6.00 Requisitions and Payments: Requests for reimbursem:enUorfees or other compensation for services or expenses incurred shall be submitted in detail sufficientfor a properpte-atkllfand post-audit thereof (Section 287.058(1)(a), Florida Statutes). - 93 - STATE OF FLORiDA DEPARTMENT OF TRANSPORlATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02;09 Page 7 All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travei expenses, when authorized by the terms of this Agreement, in accordance with Section 112..061, Florida Statutes, and Chapter 3-uTravel" of the Department's Disbursement~erations Manual, Topic 350-030-400 (Section 287.058(1 )(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due fO!" work or services done under any agreement which it has with the Agency oWing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, reqlJires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may.suspend or terminatepaymer,t for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may <les\gr\ate SSltlellgibliSfor federal-aid. 7JJ1 Disallowed Costs: In determining the $moontof the paym~n!,th$ DepartmantwHl excludeal! projects costs incurred by the Agency prior to the effective date ofthisAgreement or medals ofaulhorlzatloo,coets loourredafterthe expiration of the Agreement, costs which areli<ltprovideo for in the latestapprb"'Eld5Cnedtl~ OffulidrnglnExhibit"S" for the project, costs agreed to be borne by the Ag:encyorlts. contractorsar'idsubc6ntractors for notmeetingJhe project commencement and final invoice time lines. andC;<lstsat!ril:lU!ai:lletogoodS Of services received under,n:onlrac! brolher arrangements which have not been approved in wrftfngbylheDepMment. 7.08 Final Invoices: The Agency must submit the final invqioeC/otM project to the Department within 120 days after the completion of the project. Invoices submitted after the 12.0..day tirnepElrlcd may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or al! of its obligations under this Agreement until such lime as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time lheinterest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shaH notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) d0y$01 such notice. Such notice shall provide reasonable specificity to the Agency of the defiCiency that requires correction. if the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement - 94- STAT~j'JF F~Q~jQA (l~rAflTMENT oF TRANS~(lRT;irlOI4 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPOR' 02/09 PageB asset forth in paragraph 8.(b) below, or(2}taKEllA'hl:ltever acllonisdeem~appropriate by the Department to correct the deficiency. In the event the Departmenfchq()~el'l;Jbtakeaction;lhdl1otlfHmiIlatethe Agreement, the Agencysnan, upon demand, prompt~ reimburse the DepartnlehtfOfi3il1yaf"idancMIl;ar1d expenses incurred by the Departmentin correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) if the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress wiil become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph. the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required 01" desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, ali recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure IIlat the DBE's tlave the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: - 95 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02109 Page 9 "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.FR Part 26. The recipient shall take al\ necessary and reasonable steps under 49 C.FR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 u.s.e. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local iaws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and iocal laws and regulations, including the "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, ControlS,afl(l Labor Provisions: 12.01 Equal Employment Opportunity: In connection w~th the carryfngout of any<project, theAgenc)'shannot discriminate against any employee or appllcanHoremployment becaus€ofrace, age,religibn,co-lor,sli>(i@tlOnalorigin, d!sability or marital status. The Agency willtakeaffirmallve action to ensure that applicants are emj:iloyeo and that employees are treated during employment wlthb-tlttegard to thiilfrrace,age, re!!9ion,coI6r.g~@et',I1$tioOi:llo@in, disability or marital status. Such action shalllnclude,oufno! be Iirrlitedto,tl1efollowihg:el1'lplbYl11eljfl:lPgr$qi!'1g'g~mOtion or transfer; recruitment or recruitment advertlsing'I~y6ffbr termirtation} Fates of pay orOtl1~f()ntlSoCqq@P$I1#@l:@and selection for training, including apprenticeship. TneAgency shall insertthefor~golngproVlsj9hmo~m$~(1"nl%Mt$W~Wthe particular contractual relationship in all its cQr1~rsc.(sinConnectlQn with thedevelopmentofope@tloIl9ffu~ptoj:$cfexcept contracts for the standard commercial suppliesouaWfn;:lteriats,and shall require aIlSuch CQ{itra.ctofs.lolr1$~tti:l~lmllar provision in all subcontracts, except subconlractsJorslanqsrdcommercJalsuppllesor raw materkills,Whentheproject involves installation, construction, demolttion, removal, slteimprovement or similar work, the Agency shalL post in conspicuous places available to employees and applicaotsforemployment for project work, notices to be provide-d by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title '11- Civil Rights Act of 1964: The Agency win Comply With all thereCiuiremenls imposed!:ly.TltleYloflhe Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964,49 C.F.R Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federa! government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity: may not be awarded or perform work as a contractor, supplier, - 96- STAT~ O""lQl\loA O"f'MtMlSNr O~ tAAi'I~FomAroN 525-010-40 LOCAL AG!:iNCYp~()(j:RAI\Il AGgEEMENT PRODUCTION SUPPORT O?J09 P9ga 10 subcontractor or consultant under a contrS.ct withanYi:i\il>llcentlty;at1dmaynot transact business with any publJc entity in excess of the threshold amount provided inSectioli2$7,C17.florida Statutes, for CATEGORY TWO for a perkld of36 months from the date of being placed on the convicted vendor list 12.05 Discrimination: In accordance with Section 287,134,Florida Statutes, an entity or affiliate who hasbeeOplaced on the Discriminatory Vendor List, kept by the Florida Dep-arl:mentof Management Services, may not suomifa bid on a contract to provide goods or serviceS to a pUblic enllty;mayi"loISlJbmita bid Qi"l.a contract with a pl.lblic enmy forthe construction or repair of a public building Or pub'liciWotk;m.sy nol submit bids on leases ofrealprQPeity16a publll::entity; may not be awarded or perform work as acontraCldl', SlJpplier, subcontractQr or consultant under a contrad with any public entity: and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Ql.lalific~lon or Determinatlol'l of Contractor NOl'lc~El~J)onSlb!!rty:An entity or affiliate who. has had its Certiric:at~ of QualiricatiorlsuSpeflded, revoked.;. denied (')rhaveftittlief@el'l~~t~rmil'\ed by the Department to. be a nen-responsible conrracl9rmay no! suomit a bid or perform work fOftne construetiOfl QrI'epaIr of a public building or public work cn a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or theirsubcontractorSshaUenterintodany contract, subcantract ar arrangement in cOm1ection Withthepraject 0.1' any property. includ{Kforplahnedtqhell1~llde(fin the project in which any member, officer or ernployeeoffhe Agency or IhelotaHty dorir\gtEiI'11.1reOffQr2Y~$:r$th$f@f:ter has any interest, direct or indirect If any such preseqfotforrner member,officeror employeei;1\t(}ltll'1lJ:lrily~(;(jllire~9rha(J acquired prior to. the beginning of tenUre any suthinteresl, and ihucn Interest is immediatelydls(:loseq@ffl~AM~('W,the Agency, with prior appro.val of the Department, mayWaille. theprohibifloI1 contained ih thispa:ri'lgiapnprtiVi~@Il1i:itaI'1Y such present member. officer or employee sMUnolparllclpate in any action by the Agency odhe localjtyreiating]o such contract, subcontract or arrangement The Agency shall insert in all can tracts enteredintQ in connecticn with the project or any property included or planned to be included in any project, and shall require its contractors to Insert in each of their subcontracts,thefollowingproliisloiY "No member, afficer or empioyee of the Agency or of the locality during his tenure or for 2. years thereafter shall have any interest, direct or Indirect, in this contract or the proceeds thereof." The provisions of this ~ragraph shall nat be applicable to any agreement between the Agency and its fiscal depositories or to aoyagreemeot for utility services the rates for which are fixed or cantrolled by a governmental agency. 12J)8(l'lwre$tofM~mtlel'S of, or Delegates to, Congress: No member or delegate to the Congress of the United StatessnalflJe: admitted to any share or part of this Agreement or any benefit arising therefrom. 1 ~tOO Mi$celhH'~otJs Provisions: 13,!.l1.~l'lvltol'lmefltal Regulations: The Agency will be salely responsible far compliance with all the applicable eIiVtrblirnEllif13lregU.lations, for any liability arising fram non-compliance with these regulations, and wi!! reimburse the DepartmenUor anylos$ incurred in connectian therewith. The Agency will be responsible for securing any app!icable permits, 13.1>:2 PepanmentNot Obligated to Third Parties: The Department shall not be obligated or liable hereunder to. any lndividualorenlity nota party to this Agreement. 13.03When~ights and Remedies Not Waived: In no event shalllhe making by the Department of any payment to the Agencyconstiluteor be canst rued as a waiver by the Department of any breach of covenant or any default which may then exlslonthe part of th~ Agency and the making of such payment by the Department, while any such breach or default shall exist, shaH In no way impair or prejudice any right or remedy available to. the Department with respect to such breach or default. 13.04 How Ag.r~m~nt!s .Mfe~t&d by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, theremainderoflhis Agreement shall not be affected. in such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also - 97- STATE OF FLORIOAIlef'ART!\'li:'", OP TRANSPORT!\TION 525-010-40 LOCAL AGENCYPROGRAM,A<lRi:l:I\,IIENT PRODUCTION SUPPORT 02/09 Page 11 agrees not to pay, any bonus or commission for the purposE!pf obtaining an approval of its appiication for the financing hereunder. 13.06 State Law: Nothing in the Agreement shalir0QljIrqlneAgency to observe or enforce compliance with any provision or perform any act or do any other thing in C:onl:rC!!Ventiofl Of any applicable slate law. If any of the provisions oUhe Agreement violate any applicable state law, tMAgency wm at once notifyth~ Department in writingln order that appropriate changes and modifications may bernade by the Departrrlentand the Ag€ncy 10 the end that the Agency may proceed as soon as possible with the project 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project The Department will review all p!ans and specifications and wil! issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department The Agency wi!1 physically include Form FHWA- 1273 in all its contracts and subcontracts. 13J.18 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicilation of bids for construction of the project, including those projects for which no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications. is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument 13.12 Restrictions on Lobbying: Federal: The Agency agrees thatno fElderally-aPPfopriate<l funds have been paid, or wUI be paid by Of on Mhalfof the Agency, to any person for influencing or attemptingtolnf!u~nce any officer or empl:oye$ bfanyf&leralagency,al\1!E'e-mber of Congress, an officer or employee of Congress or an employee of a Member of Congress in cohheclloilWffl1 the awarding of any federal contract, the making ofanyfEideral gr8ni, lhe making of any federalloan,tl1eer\teririgihtQofClny cooperative agreement, and the extension, continUation, reMwal, amendment or modification of anyfe<le-raloorllract, grant, loan or cooperative agreement If any funds other than federally-appropriated funds naY!;} been paid pythe Agency to any ~n)QJl Jori@geflGingor attempting to influence an officer or employee of any federal agency, a Member of Congress, anofflceroreOOplj:'WeEilOf Congress or an employee of a Member of Congres$ tn conneotion with thil) Agreement, the \.mdersignedshall@mp\ete and submit Standard Form-LlL, "Disclosure Form to Report Lobbying,":n accordance with its instfucti\)ns, The Agency shall require that the language of this patagraphbeincludedirHl1e award documents for a!lsubawardsat all tiers (including subcontracts, subgrants, and contracts under grants, loanS, and cooperative agreements)andtnat al! subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement If the Agency constructs any improvement on Department right-of-way, the Agency IS] will D will not maintain the improvements made for their useful life. - 98 - STATE OF FLORIOAP"PAATM"NT OF TRAA!SPQflTAll0N 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPOR T 02!09 Page 12 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames, Upqnrecelpt, the Department has 5 working days to inspect and approve the goods and services un!essthe hidspectficaticms, purchase order or contract specifies otherwise The Department has 20 days to deliver a request for paymflnl{\JOClcher)totheDepartment of Financial Services, The20 days are measured from the latter of the date the invoice !s recelved or the goods or services are received, inspected, and approved, If a payment is not available within 40 days after receipt of the invoice and tile receipt, inspection, and approval6f goods and services, a separate interest penalty in accordance with Section 215A22(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency, Interest penaitiesofless than one $1 will not be enforced unless the Agency requests payment. I nvoices Which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requlrements done! start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services, The duties of this individual include acting as an advocate for Agencies who may be experiencing problems In obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptrolier's Hotline, 877 -693-5236. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federaLguidellnes, proceQ\Jres, and reg\.1l$tluhS, If et any Jlme arJ:1l/l$w conducted by FHWA reveals thatthe applicablaJed~ralguictelines, procegu!"es, and regulationsweren9iJpJI@ecibythe Agency and FHWA requires reimbursement of lliefvllcts, the Agency'Mllberespof1sible for repayrnel'WlolneP$p$rtment of all funds awarded under the terms of this Agreement Federa: Ectlnomic Stimulus awards do not exempt the Agency from adherence to federal guidelines, procedures, and regulations, - 99- STATE OF FLORJDA DEPARTMENT OF TRAN5PORTATION 52t)-{)10-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02!09 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Cily of Boynton Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By By: Name: Name: Gerry O'Reilly Title: Title: Director of Transportation Development Attest: Attest: Title: Title: As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. - 100 - 52S--0iQ.40 PROJEO MI.NAGEMENT OFFICE 06/06 P&g~ FPN: 426898-1-58-01 eXHIBIT "A/' PROJECl'bESCRIPT!ON. AND RES.PONSIBILlTI ES This exhibit forms an integral part of the Agreemenfi:1el.'#een the.state.otFIQTjda, D~partment of Transportation and I City of Boynton Beach Dated: L_ ______________________________________J PROJECTt.OCATION~ Seacrest Boulevard The project 0 Is X is not on the National Highway System The project !J is Xis not on the State Highway System PROJECT DESCRIPTION: Flexible pavement reconstruction from Boynton Beach Blvd. to NW. 13th Ave. SPECIAL CONSiDERATION BY THE AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action, and the funding action from any other source with respect to the project The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the projects activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) N/A Study to be complete~Py N1A , (Phase .1Baf1(j213 LAPA,greemeMs) b) Design tObeC<lmpleted onorhefore .... W~... .. ..... .... ..(P.hese $.lJLAPAgreements) cj RiQI1I-pf-Wayroquirementsidel1tIflM.anclPfoyi@dla the Qepartm(?nfby N/A . .. (AllLAPS requiring RIVlIJ(OJstrl4t will handle afl Rjght~Of~W$ractfvfties:on LAPS, the date WOlJldbe sgtbttfienecesSsiy timgfrawe tocomple:le RIVlIactivitim;) d) Righf'OT",Way tQ be Certified prior to Mverll$ingJorCol1structiOO,(AII PhaSfJ 08 LAPS). e) COi'istmclklnctmtractto be laton orbEiforeHH1{)/1l2009 ...HHH .. (ForPhase 5fJLAPs) (This priortotheendof fhef'iscafYe9f thfJ,ftM/';sha.$.581s programmediilFM) 1) Cot'lstructi:on to be completed after beft)r~ 1213112011 If thISS~h~dl.ll!::l~I1I'l()lb.emet, the Agency will notify tM Department in writing 5ub'jecnolh~wjthdraWarof federai funding, Thisprojl$tisJorCQl'lstFl.lction Ordy in the agreement..by.aJlparties..the...DeP13ftment PROCeeD/'ftleAgendy should flot start F'ROCEftp.The~er1cywill only be coslS agreernl'lrltoftime extenslon (IHei:!uired bya request fOr a time Upon complem:mofthe project l.i)e Agency is requited to notify the Department of the invoicing.Tl1e Department mayrequJre an on siteinspectlon with the Agency. SPECIAL CONSIDERATIONS BY DEPARTMENT: - 101 - STATE OF FLORIDA DEPARTMENT OF TRP.NSPORTATlON 52s-qTO-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMRNTQFFICE O$iCll) raQe EXHIBIT "13" SCHEDULE OF FUNDING AGENCY NAME 8. BilLING ADDRESS I FPN: City of Boynton Beach I 426898-1-58-01 1 GO E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 PROJECT DESCRIPTION Name: Seacrest Blvd. Lenglh:0611rnilas Termini: EIQfT1 Boynton__S_each Blvd.J.9 NW. 13th Ave. (1) l;'~~Y gA~At&< TOTAL TYPE OF WORK Bv Fiseal Year PROJECT fUNDS ................................ Planning 2006-2007 ....... ...... 2007-2008 2008-2009 Total Planning cost ---- Project [levelopmem& Environment (PD&EI 20015-2007 2Wl-ZOOS 2008..~Olj9 .--------------------- ---------~-------- --- TolafPO&E <AlsI Design 2006.2007 21.lO7-2008 - 2008-2009 TOlalDesign Cost Right'QMIV~y 2006<2007 2ooH!OO8 20Q8,2oo9 Tl)I~rRlghl-ofWay Cost ConsfmGtlQI1 . 2006.,2007 2008-2009 2008<2009 2009-201 Q{f'8SU) $.1.998838.00 $1 998.83800 TotalCilftS!rlJ!llion Cost $1,998 1338.00 $1,998,838.00 Construction Engin~~ring llnq Inspection (CEil 2oo6-200t 2007-2008 2008-2009 Total GEl Cost Total Construction and GEl Costs $1,998,838.00 $1,998,838.00 i TOTAL COST OF THE PROJECT $1,99M38.00 $1,998.83800 i The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal yeaL The Department will notify the Agency. In writing, when funds are available. - 102 - .............................. .............................. .............................. ......... ........ ,.. STATE Or FLORIDA DEPARTMENT OF "rRANSPORTAll0N 525-01C~O LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 1,998,838.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMS cost principles applicable to the recipient'sub-recipient Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs).grojects to befundecjlJl1der the federal-aid hlghwayprogram are generally selected by state DOTs or MetropolitanPJannjng Organizations (MPOs),in coop~ration withapproprial~local offlCials, as specified in 23 U.S..C. andimplernevtingregulatlons. Territorl~lhighwayprojeclsl3Je ful1Qe:dinthesame mannerElS oll1erfederalcElid highWay projects, with the territorial transportatiOl'1agen<:;yfunctionfngln a manner similar to a state DOT. MostFlorida Land Highway Program (FLHPJprojecl$ are administered by the Fedetal Hignway Mmil1istfatlon {FHWA} Office Of Federal Lands Highway and its DiVisions or by theva60tls Florida Land ManagemenlAgencl6S (FLMAs) Under the FLHP, projects In the Indian Resewatlon Road {IRR}Pfogram are selected by Tribal GOliernrnents and are apprOVed by the Bureau of Indian Aff~if$ (!jIAJatld.!he FHWADl.le to fecenflegi$l~lion, Tribal Governments mee~ng(;$rtaln . reqi.Hrements may nowadminjsWryarlous 1 RR proJects orjb!1lhalf of theBIAand FHWA. The Fish and WildHfeS~ryice{fWS) and the National Pa*$~rvice{NPS) select prqJeCl:'rin the Refuge ROad ;:Ind Park Roads and ParkwaySPrograms, respectively. For the Foresl Highway Program, the Forest Service, the States and the FHWA jointly select projects. CO!llpl~m::ElRElquireml1tnts Appli(:al:>>l~toth~ fl1tdElfalResoul1les Award~d PUflSuafl! to Thit; Ag~m~nt Are As FoUOWs.; ... Therooipient of loca:! Agenoy Program{L;\p)flJndlng must comply with the statutory requirements fl1 Sections 112.061,215.422, 339.t2, and 339.135, Florida Statutes, and Title 23 aM Title 49, C.F.R. - 103 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 06106 Page EXHIBIT "l" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.14 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and/or cui the grass to the proper length; e) Properly prune all plants whiJ.;hresptJ.!lSlbillty incl\JdesJl:!moving dead .or diseased parts of plants and/or pruning such parts thereofwhlch present a ViSlJal hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those piants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense aU or part of the project that falls below Project Standards caused by the Agency's faiiure to maintain the same in accordance with the provisions of this LMA< In the even! any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are other-vise determined by the Department to not be in conformance with the applicable Project Standards, the Depal1ment, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the paltiesherelo that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determimklfol:l$nec~~~ary by !hE!!lJe~atttnel'1tinorder !haUheadJ<lcentstate road be widened, altered or otherwise changedt"rn$~IWlth:thefl.lltlre critetiaorplan.r1Jii!lOf the Deparlrr1ent . The Agency shall be given notice regarding such remova.!,~IOG.@ol1()r<ldju~tfTJent .andsMllbeaHowed6Qdaysto rernQ\ieMlor p~rt of the project at its own cost The Agency wllloWnth$tp~rtMthe project II rerrlove(L After the6D-day removslperiod, the Department will become the owner of theur@SoN~dpol'li9nof the project, . and the Department then mayrefTJove, relocate or adjust the project as it deems best. wi!htheAgencybe1ngresponsible for the cosLincufred for the removal of the project. 4. This LMA may be terminated under anyone oflhefoilowingconditions: a) By the Department, if the Agency fails to perform Its duties under this LMA following 15 days' written notice; or - 1 04 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/00 Page EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGR~EMENT (LIVIA) b) By either party following 60-calendar days' written Jlotice, 5, In the event this LMA is terminated. inacccm:lance with paragra~h4hereof, the Agency>sha!lh~V~E)Q(;'/OlY$$:fter the date upon which this LMA is effectively terminated to remove 3Uof partofthe remainingproje:ctatitsowl'rc.:ostand expense. The Agency will own that part of tM projecUttemoveo, Afll:lt'!he6Q'<!ayremovatperkld,lheDepartm~l1tth:en may take any action with the project highway or all or part of the projecfitdeemsbest, with theA!;leJ'1CY being l'elSpol1:sible for any removal costs incurred, 6, This LMA embodies the entire ag:reeme;l1l an.d other agreements or understandings, oral or written, with to herein and superseded hereby, 7. This LMA may not be assigned or transferred by the Agency, in whole orin part, without cons~nl Department. 8. This LMA shall be governed by and construed in accordance with the laws of the Slate of Florida, 9. All notices, demands, requests or other instruments shall be given by depositinglhe same in the lJ,S,maH, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Barbara Handrahan. Local Programs Administrator Florida Department of Transportation Program Management Office 3400 West Commercial Boulevard Ft Lauderdale, Florida 33309-3421 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed 10: Andrew Mack, PE ~lliLQfJ~Q~TJ1()n B~_9.9h, Pul:11ic Work\5 and EnQtneerinQ Qjyision 100 E. Bovnton Beach Boulevard P.O 310 Bovnton Beach, Florida 33425-0310 or at such other address as the Agency may from time to lime designate by written notice to the Department. 10, This LMA if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments, - 105 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525~()i0-4a LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 Page 1 EXHIBIT "RL" ROADWAY LIGHTING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.14 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to' be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with lhe original design thereof, whether necessitated by normai wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying ail charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles and any and ail other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary, c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Ul')jf9If!1 Traffic _Q_QoJr:QlJ2~~ (MUTeD); and (2) All other applicable locai, state or federal laws, rules, resolutions or ordinances and Department procedures, 2 Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA The records shall be kept in such format as is approved by the Department. 3. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherINise provided for in this Agreement, the Department may e:<ercise one or more of the follOWing options, provided that at no time shall the Department be entitled to receive double recovery of damages. a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. 0) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the f\gency fails to cure the non-performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. - 106 - STATE OF ~LORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08106 Page 2: EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) 4. Force Majeure Neither the Agency nor the Department shall be liable to the the extent such performance is prevented by an act of God, war, riots, control of the non-performing party and which could not have been avoided provided the party claiming the excuse from performance has: a) Promptly notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. 5. Miscellaneous a) The parties understand and agree that the which shall be applicable at the time of the project and the Department may have entered into joint agreements for utility such a joint agreement exists, this exhibit shall not apply to Department manuals, policies, and procedures will be provided to the Agency b) Time is of the essence in the performance of all obligations under this RLMA. - 107 - STATE OF FLORiPA D!"~MTt~;;mQI':r~$l'<ilf1rA1l01>l 52-5:.010-40 LOCAL AGENCY PROGRAM AGREEMENT PRO{lUC'l1ONS;UP~OR), OilJil$ Paga EXHIBIT "S" 2009 AMERiCAN RECOVeRVANORSINVESTMENTACT (ARRA) JOBREPORl'iNG FPN: 426898-1-58-01 This exhibit forms an integral part of the Agreement between the Stale of Florida, Department of Transportation (Department) and City of Bovnton Beach ._----~---------~----------------~--------~------------- Dated SPECIAL CONSIDERATIONS BY AGENCY: Compliance with the 2009 American Recovery and Reinvestment Act (ARRA) This project is subject to the criteria and conditions of the 2009 American Recovery and Reinvestment Act (ARRA). The Agency will satisfy the Federal reporting requirements for the project(s), such as the monthly employment report, for both the Contractor and Subcontractor. The Agency will provide the required information on form{s) provided by the Department in the timeframe indicated in the instructions. The Agency will ensure that the reporting requirements are included in all ARRA contracts and subcontracts. The Agency will withhold the Contractor's progress payments, project acceptance, and final payment for failure to comply with the requirements of the 2009 ARRA. Authority of the U.S. Comptroller General Section 902 of the 2009 ARRA provides the U.S. Comptroller General and his representatives the authority 1. To examine any records of the Contractor or any of its Subcontractors, or any State or Local Agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and 2. To interview any officer or employee of the Contractor or any of its Subcontractors, or of any State or Local Agency administering the contract, regarding such transactions. Accordingly, the U.S. Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the 2009 ARRA with respect to this contract, which is funded with funds made available under the 2009 ARRA. Section 902 further states that nothing in this Section shall be interpreted to limit or restrict, in any way, any existing authority of the U.S. Comptroller General. Authority of the U.S. Inspector General Section 1515(a} of the 2009 ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this contract. The Contractor is advised that representatives of the U.S. Inspector General have the authority to examine any record and interview any employee or officer of the Contractor, its Subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this Section shall be interpreted to limit or restrict, in any way, any existing authority of the Inspector General. - 108 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-t1W-4lJC lOCAL AGENCY PROGRAM AGREEMENT PRODUC1':(jr4SlJPI"ORT 0810>> psse EXHIBIT "T" TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA) Paragraph 13.14 is expanded by the following: The parties mutually agree and covenant as follows: 1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency, and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order. 2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient as possible. 3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable Department standards, specifications and plans governing traffic control for street and highway construction and maintenance. 4. The Agency shall be responsible for the maintenance and continuous operation of the traffic signals and signal systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges incurred in connection with the operation of such traffic signals and signal systems upon completion of their installation. In the case of construction contracts, the Agency shall be responsible for the payment of eiectricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during the burn-in period between conditional and final acceptance, are contained in the most recent Department's Standard Specifications for Road and Bridge Construction. 5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that agree with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service, and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or damage). The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain, as a minimum, traffic signal log details recommended by the IMSA. 6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer and is capable of performing the same functions. The Department shall not make any modifications andlor equipment replacements without prior written notice to the Agency. 7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in phasing of traffic signals and signal systems 10 accommodate ci1anging needs of traffic provided prior written approval is obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or for the Agency in accordance with Section 1A09, ;'Engineering Study and Engineering Judgment", of the MUTCD recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida. The Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment, timing, and phasing at any time and, after consultation with the Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by 111e Agency. - 109 - STATE OF FLORIDA DEPARTM~NT OF TRANSPORT"ATION 52b-O'lO-4U LOCAL AGENCY PROGRAM AGREEMENT PRODUCTJON SUPPORT GBIDS Page EXHIBIT "T" (continued) TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA) 8. The Agency shall note in the maintenance log any timing andlor phasing changes and keep a copy of the timings and any approval documentation in afit~. 9. The Agency may enter intD agreements with other parties pertaining to traffic signals .andsjgnalsystems including, . but 110t.limlted .to,agreemenls. telatlng.W..Cb$!s..and..expehs8s.1i"lcarted..jn .connElClion..with.lhe.O'peratlOh..of.traffiC sig nalsand signal systems On the State. Hfgl'lWa)i' System pro\11dedtl'lalsllch a9reementselrec6nsistehtWlthth emu!uai covenants contained in this T81111A The Agency sl"iall furnish a copyofsuchagreernenlsto the QepartltlEll'lt 10 This TSMA Shall remain in forca du~ngtMllfaoftl'leMgln~lly)nstalled equipment and/or the Ufa of any replacement equipment installed. \Nith the ml.lt~$JGCln$erttMthl3partiE:l$hE!feto until superseded by a Traffic Signal Maintenance and Compensation Agreement between the Departmentand the Agency. - 110 - $TiitE()FFlORlDA b€'PARTMENT Of TAANSPOl<rATIOtl 525-0'10-40 lOCAt..AGENC'Y..fi'ROGRAM..AGR-EEMENT PRODUCnON SUPPORT 00199 rage EXHIBIT "X" PROJECT ESTIMAtEANOO!SBURSEilIlENTSCHEDULE FPN: 426898-1-58-01 This exhibit forms an integral part of the AgreernentbetWeel1the State of Florida, Department of Transportation (Department) and City of Bovnton Beach Dated SPECIAL CONSIDERATIONS BY AGENCY: The following paragraph replace5- Section 4.00 Project E5-t}mate and Disbursement Schedule of the Local Agency Program Agreement eXecuted betweentneDepartment and City of Boynton Beach Dated Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP Supplemental Agreement is executed, copies should be forwarded to the Department's Office of Comptroller and Federal-Aid Management OfFice. -111- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATiON 525-010-30 FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION 08100 Page 1 of 2 DATE 7/16/09 AGENCY City of Boynton Beach FEDERAL-AID PROJECT NUMBER ARRA 029B FIN NUMBER 426898-1-58-01 STATE JOB NUMBER TiP PAGE NUMBER PROJECT TITLE: Seacrest Blvd_ PROJECT TERMINI FROM: From Boynton Beach Blvd. to NW. 13th Ave. WORK PHASE: D PLANNING D ENVIRONMENTAL D DESIGN ~ CONSTRUCTION D RIGHT OF WAY AWARD TYPE: ~ LOCAL D LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indioate the approval date, and the most recentreevaluation date. E I S approved on: , and reevaluated on: EAiFONSI approved on: , and reevaluated on: Categorical. EXdu$lon: fJ flU Qq Programmatic Categorical Exclusion determinatkm on: Type I. CategorlcSlIExclusJon determinatlon orr; I I Type.ll..C~tegork:al..ex:cltlsion .determlnation on' Cate~orical Exclusion Reevaluation on: LOCAL AGENCY .' STATE FEDERAL FUNDS PERCENt . .oaUdAtioN DATE PHASE TOTAL ESTIMATED COST FUNDS FUNDING (@atest Dollar) FEDERAL Month I Year In.e.arest Dollar) . (nearest Doll.ar\ (nearest Dollar) FUNDS ~L~IM'-IN!NG_ ---------_.""'--.-~---~--~-_.__._~~. ------..--..-------..--..---..-- ...____u ! PD&E ----._-.---------.- i DESIGN _____________________L..._________________ RMI ------------------ CONST. $1,998,838.00 $1,998,838.00 100 TOTAL $1,998,838.00 $1,998,838.00 100 i----------------- DESCRIPTION OF EXISTING FACILITY (Exisling Design and Present Condillon) Roadway Width: 60' Number of Lanes 5 Bridge Number(s) on Project N/A DESCRIPTION OF PROPOSED WORK D New Conslruction ~ 3-R D EnhancernentD Congestion Mitigation Roadway Width _9J)" Number of Lanes _____________':L______________________ Bridge Numbers(s) on Project N/A LOCAL AGENCY CONTACT PERSON TITLE: i Andrew Mack, P. E. ________________________________________________________________________________________________ __E'!:~l~QU~!:1_gi!:1e~r mmnnmmmnnmmmnnmmmnnmmj MAILING ADDRESS: PHONE: I 100 E. Bovnton Beach Blvd. 561-742-6010 I AGENCY ZIP CODE. I Citv of Bovnlon Beach 33425-0310 I LOCATION AND DESIGN APPROVAL BY: Approving Authority TiTLE: DATE: L__________________________________________~____________ - 112 - 52501(;30 CONSTRUCTION 081()0 Page 2 or 2 ! AGENCY: PROJECT TITLE DATE: I City of Boynton Beach Flexible pavement reconstruction on Sea crest 7/16/09 Blvd. ---------------------- ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: RIGHT OF WAY AND RELOCATION No right-of-way acquisition required on this project ____-------------.J THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR IT'S DESIGNEE, AND IS NOT INCONS!STANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. AGENCY: City of Boynton Beach DATE: By: (Mayor I Chairman) - 113 - STATEOF FLOR!DA D:=PARTMEt.JT OF TRANSPORTATION 575--C95-Q5 LAP CERTIFICATION RIGHT OF WAY 09;0! RJ\fV iTEM/SEGMENT NO.: N/A fD<.1.L~L~h.~s1~ CONSTRUCTION ITEM/SEGMENT NO.: ~IA F.A.P. NO. (Construction): t.f'Zh~ 9'8 -1"$8.-CH COUNTY: PAII"'V1 BEAG- LETTING DATE: !ViA I The undersigned hereby certifies as follows: Title to all property and easements needed Transportation (Department) or a state or maintain the proposed improvements on Acquisition )( Right of way was not acquired for this project. o Right of way was acquired for this project in compliance with applicable state and federal law. Relocation )t No persons or businesses were required to move or move personal property from the project right of way. o AU persons and businesses that were required to move or move personal property from the project right of way have been provided relocation assistance in compliance with applicable state and federal law. Demolition -'Nostl11ctures.or improvements, including encroachments, required removal from the project right of way. OAlisttucturesafld/orimprovements, including encroachments, have been removed from the project right of way in cornpllance with applicable stale and federal law, or will be included in the construction contract. Asbestos Abatement ~Noslructures or improvements requiring asbestos abatement were located on the project right of way. o Asbestos abatement of buildings by the construction contractor, has beencornpleted in compliance with or Wif! be included in the construction contract. Submitted by Local Agency: (11. Date: 7 8 oq BEACH Certified by: .--- 7/-27 0 1/:l1~tJ9 till Date: - 114 - ADDITIONAL STATEMENT - Local Agency Program No Additional Right of Way Required R1W ITEM/SEGMENT NO.: NIA STATE ROAD: N/A CONST, ITEM SEGMENT NO.: N/A DESCRIPTION: Seacrest Boulevard from Bovnton F.A.P. NO,: 426898-1-58-01 Beach Boulevard to C-16 Canal PREFERRED LETTING DATE: N/A LOCAL AGENCY: Citv of BovntonBaach The following interests in land (Right of Way) will NOT be required for the construction of this project. Q Fee Title ~ land on which a permanent improvement is to be placed andmaJntained. ~ Perpetual Easement - maybe used when permanentimprovementisJo.beconstructed and maintained on a parcel for which acquisition of fee title is impracticaL Q Temporary Easement - used when it is necessary totemporarHyoccupY-flP~n:;el.NIJ improvement which is a permanent part afthe transportationfacilityorwhichrequires maintenance beyond the term of the easement will be constructedol1tMtemp6tcuy easement. The right of way maps/sketches have been comparedtothecor\Structionph~f1s~l1dthtfrigt1t of way, as shown, and will accommodatetheplsnned construction. lheconstrW;tlon?ctl\llti~$,Wm be performed in the existing right of way. The con.tractor will not be requif'edJotempOrarilyel"lter upon property not owned by NAMEOFt.OCAL GOVERNMENTforthe purposeofrestbratioffand harmonization. /:,.,<}/".;.; ...../,/2),(\ I ;-F::::'P..~I7?(.U:i(;y"-:1., July 8. 2009 SIGNATU~~ r'''' "', DATE , ( . \. H. David Kelley, Jr., P.E.lP.S.M. NAME (Printed) Title: City Enqineer Agency: City of Bovnton Beach - 115 - FPID 426898.1 . 93000024 - N Seacrest Blvd from NE 13 Ave (MP 1),000) to NW 13 Ave (MP 0.014) - 116 - -117- TYPE 1 AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST HID No. 4264J16-1.-S8 01 Agency: __ Cit.y 2f Bo~~ron Beach County: __ Fa 1m B"',':'_'?,h______ Project Description: Milling and resurfacing, landscaping and sidewalks of Seacrest Blvd. Limits: Boynton Beach Boulevard to Boynton Canal Type of Construction to be performed: Streetscaoe YES NO __X___ ------- Axe the impacts to local traffic patterns, property access, community cohesiveness, planned community grovvth or land use patterns not adverse? _A__ ------- Pu'e all air, noise and water quality impacts negligible or non-existent? __L - If there is wetland involvement, does it qualify for either Nationwide or General Permit? --L -- Can the project proceed without a u.s. Coa.st Gu.ard Permit? -1L ~ Are any or all floodplain encroachments not significant in acoordance with Part 2, Chapter 24 of PD&E Manual -1L --- Will endangered and threatened species and their critIcal habitats remain unaffected? -1L ~ Is there no nght -of-way or an insignif1cant amount of right-of-way required for the project? .__L --- Are the residential or business relocations tor the project not significant'1 --L - Is Section4(l) not applicable to the project? -1L - Have properties protected under Seotion 106 which are taken, used or in close proximity to the project been identified and if applicable reviewed by SBPO, and has a detennination of "No Effect" been given? ~ Is the Contamination involvement not significant? ----.L - Tho project cloes not require public hearing or an opportunity for a public hearing? IMPORTANT lfthe answer to any of these questions is No, then a Type 1 Programmatic Categonoal exclusion does not Apply_ - 118 - FPIDNo. 426486-1-58..01 ________________________ FINDING: This project has been evaluated and has been determined to meet the conditions as set forth in the PD&E Manual, Part I, Chapter 3, thereiore: --.lL This project is a Programmatic Categorical Exclusion per FHW A approval on March 1, 1995 As amended on September 4,1996, December 7, 2000, and the FEW A and the FTA Agency Operating Agreement executed on February 12,2003. This prc.~ect is a Type 1 Categorical Exclusion under (23 CFR 771 117 c) effective November 27, 1987. . ," . , . . - . . . . .;.......... " -. . :./ .:.;......;.. .,,-".:: " Agency Concurrence: ,,,..~;~~::.:<.:.:::2Et~~~::;(l~~i.:~~:::r:J~j ~ D:.~e: Ii. ..... .--..,..) t I::> ~k- l' ,., ii. p,.,... .,..1\ ;.>. c." , .,.. .. . LAP Administrator: _~&1~~::i.::.:~_=~~~~~:::&it:kG,$:.~~Date:--!J1~'/~ ~r Q. '--'. n. . . . -:. .. '.. .~. .-.-.~: {, J: '~.:~2 ',~~ '... ';,~~" .;.......h.-/....... ';.;;. -,' l .;:-\',-~ FDOT Concurrence: .' ~^.y,,- (.:l.A'{"'0'-i-:::;.."...,d,l~ Date: --0./--) I L___Y i ___ DIstnct 4 EnVironmental AdITllmstrator ~ i - 119 - 1Zhe (Jit;y of Boynton Beach P.O Box 3!O ik'yntol1 Reach. Florida 33425-03/0 PUBLiC WORKS DEPARTMENT Engineering Division Phone (56/) 742-6980 Fax (56/) 742-6285 www.boynton-beach.orf.: OFFICE OF THE CITY ENGINEER M.EMORANDUM Date: July 20, 2009 To: Ann Broadwell, D4 Environmental Administrator From: Lisa Frazier, Senior Environmental Specialist Copies: Lynn Kiefer, Marwan Mufleh, Vincent Fusconi Subject: Seacrcst Blvd Strcctscape Project Financial Management Number: 426486-1-58-01 Federal Aid Project Number: NA County/Section: Palm Beach/Section 21 Limits: From Boynton Beach Blvd to Boynton Canal The Class of Action for this project is a Programmatic Categorical Exe1usion (PCE), based on Federall-lighway Administration (FHW A), Federal Transit Authority (FTA), and Florida Depm1ment of Transportation (FDOT) Agency Operating Agreement executed on January 15,2003. This project was evaluated on July 12,2009, and the Administrative Class of Action Determination remains valid. The proposed project is a streetscape project located within the City of Boynton Beach Community Redevelopment Agency (CRA) boundaries and is part of proposed CRA improvements. Refer 10 Figure 1 - Loea/ion Map. The 0.68 mile long project consists of an existing 5-lane section of Sea crest Boulevard; four travel lanes and the 511, lane is a 2-way left turn lane. The improvements will include construction of segments or curbed median, landscaping in median, landscaping behind the outside existing curb, replacement of existing sidewalk, milling and resurfacing and construction ofU-turnJbus bay areas. The U-turnJbus bays are proposed at the SW corner ofNW 81h Street and the NE corner ofNE 4th Avenue. No right of way acquisition is anticipated. The City of Boynton Beach is responsible for permitting within the project jurisdiction. Site photographs are attached in Appendix A_ Local Traffic Patterns Temporary lane closures may be roquircd during project COllstruction_ However. a Motorist Awareness System will be used during these lane closures to minimize sholt-term impacts to local traffic patterns. Permanent impacts to local traffic patterns are not anticipated. Property Access and right of way acquisition No adverse effects to property access are expected as a result of the project as all driveway openings will be maintained. No right-of-way (R/W) acquisition is required for the proposed project. However, the u-tum/bus bay areas will require an additional twelve feet of land outside the I{/W. This area is already owned by the CRA and thus does not require acquisition. A.llJi:1UCA ';':; r;,17'lClV,1 ;' 'TO Tff!<.' OUJ.J.;'"i'I'I.:J'7/L\I - 120 - Plallned Community Growth/Laud Use Patterns This project is not expected to have any adverse impacts to planned community growth or planned land use patterns. The project will enhance the aesthetics for the traveling community and is part of the proposed CRA improvements. Community Cohesiveness Thc project limits are wholly within the City of Boynton Beach and involves streetscape enhancements on an existing road. The project is not anticipated to divide neighbors, cause SOcial isolation, impact land use patterns or impact community cohesiveness. Air Quality and Noise The project is located in an area which is designated attainment for an of the National Ambient Air Quality Standards under the criteria provided in the Clean Air Act. Therefore, theClean Air Act confonnity requirements do not apply to the project. No long-term noise impacts are expected as a result of the project, since it is not a capacity improvement. The scope of work does not involve construction ofaddltional travel lanes, and no noise impacts are expected as per 23 CFR 772, a noise study is not required. Temporary secondary noise impacts associated with construction and traffic delays may occur. Noise control measures will include those contained in FDOT's Standard Specificatiol1sf(w Road and Bridge Construction. Water Quality and Wetlands Based on site reconnaissance conducted on April 6,2009, there are no wetlands within the proposed project area. The Boynton Canal, located north oftlle project, will not be impacted by the project work. No work activity will be conducted within the canal right of way, and there will be no discharges to the canal. The improvements are minor and will not result in an increase in impervious area. No impacts to water quality are anticipated from the proposed proiect activities. .Floodplaill Encroachment Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), available from the FEMA website (btlQ;!L"'ln\,,j~mil,gQY; accessed May 5, 2009), were reviewed to determine if the project area is located within a nood zone. According to FEMA FIRM Panels] 20 1 960003C and 120 1 960004C, the project is located within Zone X, outside of the special tlood hazard area. Thus, there will be no impacts to the] DO-year floodplain. Endangered alld Threatened Species, Other Wildlife, and Their Critical Habitat A standard data search of Florida Natural Areas Inventory (FNAI) Database was conducted for the referenced property dated April 27, 2()()9. The datahase did not reveal any c1cmental occurrences within the project area. Wood stork (Mycteria americana) Core Foraging Areas (CF A's) overlap the project area in addition to Florida scrub jay (.4phelocoma coerulescensj consultation areas. Based on a review ofthe FDOT Environmental Screening Tool (EST), the project will not encroach IJpon any sensitive habitat areas. The proposed project activities are anticipated to have no impacts on wood stork CFAs. Due to the scope of work and urbanized setting and based on field reconnaissance, there is no habitat to SUppOlt listed species within the corridor and adverse impacts to any endangered or threatened animal species, other wildlife, or their critical habitat are not anticipated. 1n an email dated July 16,2009, Jolm WrubJik of the I1.S, Fish and Wildlife Service concurs with "the FDOT's determination Ihat the project will not affect Federally-listed species ". Essential Fish Habitat Not applicable. No Essential Fish Habitat resources exist in the project area. Coastal Barrier Resources The project is not located within a Coastal Barrier Resource Act (CRRA) area. - 121 - Community Sel"Vices The corridor consists of churches, schools and community parks. properties will be maintained activity that will disturb minimal land occur during construction. and tocal regulations and to the Section 4(f) oHile Department of Transpot"tatlon Act Two neighborhood parks and a recreat!onalpathWere identified occuning within the extent of the existingGJty of Boynton Redevelopment Agency (CRA) right-of-wayonly,llo adverse anticipated from the proposed project activitiM. In addition, all will be staged within the existing right-of-way and project limits. Section 106 oftlle National Historic There are historic structures adjacent the State Historic Preservation along the corridor in the area not listed on, or been determined Additionally, SHPO has provided identified within the search area. none of the identified historic areas were reviewed dming field reconnaissance for the project area and areas in A review of FirstSearchTM contamination databases was conducted to verify known The results of the search found 13 sites within a ';,i mile radius but no sites directly on the consisted of licensed hazardous or solid waste generators or permitted underground of the FOOT EST indicated Florentine Marble lne was a toxic material release facility east of the project near NE 6th Avenue. This property was verified using the US EPA due to the location, and air-related release there should be no impact to the project. A was produced by the Environmental Oftlce of FOOT District lV and has been included memo. impacts are anticipated as a result of this project. In the event that construction operations abnormal condition tbat may indicate the presence iJfa hazardous materials or toxic waste, to follow the latest edition of the FDOT Standard Specifications for Road and Bridge 8-49). PllbU~ Hearing NopubHc hearing or opportunity for public hearing is required, in accordance with Pari I, Chapter 8 of the FOOT PD&EManual. Controversy No comfOversial environmental issues exist regarding this project. - 122 - Trees No tree impacts are expected from this project. Permits Seacrest Blvd is a Palm Beach County accordance with the SFWMD 400.215, may qualify for a No Notice l. All works entirely in uplands than two acres impervious surface, surface waters on - or off-site, 2. All works entirely in uplands for roadgrading which iuvolveno of existing roads, and which do not interrupt or impound the flow permitted by this rule, subject to conditions. All applications are in process. - 123 - - 17Z 1 - - SZI - - 9ZI - ....-. ',~.'.':T......'.:",,; ...,.. ".,....,....~:.;:;t;;~i:~f%~-i;, ',.,., <'. ", ",. ..,...~.,. .~..- ~..,.:". .." ........,).~."'.~:""':"":::: ~-.-:>:~_.. .;i}~I:...'.'.:.."" :;: ' ~}1""';" y:: v:".: ,.,.'.,'" .".., " " ".:. ;::':1';1; :./'.....H:: :', '" ':.:,u'...::.:,~; /~"'" ::' , , ,)':;.""..t':,; <', . "",' ..~." :~., ... " :.i: .:':.:::.'.......,'..,:.. : . <"" "l:'~I.\ '.':L.:' ..............,. ,.!~"~,~!}:~"'./i.: :,:'C:?H}i .".~>" .'....I~:P: I' u".,.... .~I:J: ".",:"., ,.". :..:,:,:" ..>..::. '.;,'" ':: ,/~ " '". ;'. . "':.':J."".'I;'.;'~'Ii";' ~l~::' .;;'.:"":':"~":"':i.": i'::.') .',.: ......':": ......'. 'I' _0 ~... ...., .... ,: c.:: '. 1: ':., r~; . , ..', .':, .,' ".,' , ,. ~ ' , '.. 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F CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1 0-6-09 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF ~ CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION R09-144 - Approve the Bill of Sale and Utility Easement; and also to release all surety for the water and sewer systems for the former Eckerds Pharmacy located at the northwest comer of Boynton Beach Blvd. and US 1 in Boynton Beach. EXPLANA TION OF REQUEST: The water and sewer systems for the former Eckerd's Pharmacy (now CVS) were completed in 2001, but a bill of sale and utility easement were never provided to the City. Surety in the amount of $38,497.80 was posted as guarantee that the water and sewer systems would be completed. Since completion, this property has changed ownership several times, and is now owned by the Bermuda Company, which has furnished the referenced documents. The Utilities Department has reviewed the conditions included within the bill of sale and easement, and found them to be in accordance with its normal business practices. The original letter of credit no. 10847 from City National Bank of Florida in the amount of $38,497.80 may therefore be returned. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None AL TERNA TIVES: - 132 - None, the documents now furnished were the only outstanding items preventing release of surety. - 133 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING AND APPROVING THE BILL OF SALE AND UTILITY EASEMENT FOR THE FORMER ECKERDS PHARMACY; APPROVING THE RELEASE OF ALL SURETY FOR THE WATER AND SEWER SYSTEMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon completion of the former Eckerds Pharmacy (now CVS) located at the northwest corner of Boynton Beach Boulevard and US 1, a Bill of Sale and Utility Easement were never provided to the City of Boynton Beach; and WHEREAS, since completion in 2001, the property has changed ownership several times and is now owned by the Bermuda Company; and WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to accept and approve the Bill of Sale and Utility Easement and to release all surety for the water and sewer systems for the former Eckerds Pharmacy located at the northwest corner of Boynton Beach Boulevard and US 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof Section 2. The City Commission of the City of Boynton Beach, Florida does hereby accept, approve and authorizes the Mayor and City Clerk to sign the Bill of Sale and Utility Easement for the former Eckerd Pharmacy property located at the northwest corner of Boynton beach Boulevard and US 1 and approves release of all surety for the water and sewer systems. A copy of the Bill of Sale and Utility Easement are attached hereto and incorporated herein as Exhibit "A" Section 3. That this Utility Easement will be recorded in the Public Records of Palm Beach County, Florida. - 134 - Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of October, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 135 - l\., II This Document Prepared By: Robert A. White, Esq. Law Office of Robert A. White, P.A. 140] University Drive, Suite 600 Coral Springs, FL 33071 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: That BERMUDA COMPANY, a Nevada corporation, having its principal place ofbusiness in the County of Washoe and State of Nevada (successor by merger to Townhouse Apartments, Ltd., LLLP, a Florida Limited Liability Limited Partnership, pursuant to Articles and Plan of Merger recorded in Palm Beach County, Florida Official Records Book 19953, at Pages 1530 through 1540) hereinafter referred to as "SELLER", for and in consideration of the sum of One Dollar in lawful money and other good and valuable consideration to it paid by the CITY OF BOYNTON BEACH, County of Palm Beach and State of Florida, hereinafter referred to as the "BUYER", receipt of which is hereby acknowledged by it, has granted, bargained, sold, transferred, set over and delivered unto the BUYER, its successors and assigns, all those certain goods and chattels, described as follows: All right, title and interest of SELLER in and to the water and sewer systems described on sheets 5-8 of the plans by CARNAHAN PROCTOR CROSS, INC., project number 990504, being the right, title and interest conveyed by Bill of Sale of December 17, 2001 from BoyntonlFederal Development, Inc. to Townhouse Apartments, Ltd., LLLP, a copy of which is attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same unto the BUYER, its successors and assigns forever. IN WITNESS WHEREOF, the SELLER has caused its corporate name to be hereJi,nto subscribed and its corporate seal to be affixed by its officers hereunto duly authorized, this l::..!: day of July, 2009. Signed, sealed and delivered in BERMUDA CO:MPANY, a our presence: ~-- Nevada corporation prinY)ame: l Y,J,N p"f)r-~ -.-t-1~ S.r~~- Print Name: "'El!.u<;E S. ~rrE;r Page I of 2 - 136 - State of Florida County of Miami-Dade r1 The foregoing instnunent was acknowledged before me thisdcJ day of ) Vi-\, ,2009 by DAVID M. LLEWELLYN, as PresidentofBERMUDA COMPANY, a Nevada corporation, who is personally known to me or who has produced as identification. ...., NIl- .... ,i..... y~ em '........" C::.. . I' .1>>_ Notary Pu lic My Commission Expires: ACCEPTANCE BY BUYER The foregoing is hereby agreed to and accepted by as of the City of Boynton Beach, a political subdivision of the State of Florida. CITY OF BOYNTON BEACH, a political subdivision of the State of Florida By: Print Name: Print Name: State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~ day of ,2009 by , as of the CITY OF BOYNTON BEACH, a political subdivision of the Statc of Florida, who is personally known to me or who has produced as identification. Notary Public My Commission Expires: Page 2 of 2 - 137 - This Document Prepared By: Robert A. White, Esq. Law Office of Robert A. White, P.A. 1401 University Drive, Suite 600 Coral Springs, FL 33071 EASEMENT THIS INDENTURE made this~ay of August, 2009, by BERMUDA COMPANY, a Nevada corporation, having its principal place of business in the County of Washoe and State of Nevada (successor by merger to Townhouse Apartments, Ltd., LLLP, a Florida Limited Liability Limited Partnership, pursuant to Articles and Plan of Merger recorded in Palm Beach County, Florida Official Records Book 19953, at Pages 1530 through 1540), whose post office address is P.O. Box 750, Reno, Nevada 89504, hereinafter referred to as First Party, to the CITY OF BOYNTON BEACH, a political subdivision ofthe State of Florida, hereinafter referred to as Second Party; (Whenever used herein, the terms "First Party" and "Second Party" shall include singular and plural, heirs, legal representatives and assigns of corporations, wherever the context so admits or requires) WITNESSETH WHEREAS, First Party is the owner of property situate in Palm Beach County, Florida and described on Exhibit "A" attached hereto and incorporated herein by reference, the "store property", and, WHEREAS, Second Party desires an easement for water and sewer utilities ami/or other appropriate purposes incidental thereto, on, over and across the property described on collective Exhibit "B" attached hereto and incorporated herein by reference, the "easement property", and WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to thc other running and One Dollar and other good and valuable considerations, First Party does hereby grant unto Second Party, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across all of the easement property lying within the store property for said purposes, subject, however, to the following terms which Second Party agrees to by acceptance of this Easement: Page 1 of 3 - 138 - 1. The rights and obligations of the parties (and their successors and assigns) under that certain Easement Agreement dated August 14, 2000 for reciprocal easements, between BoyntonlFederaJ Development, lnc. And B-4 recorded in Palm Beach County, Florida Official Records Book 11984 at Pages 651 through 662. 2. The following conditions precedent in favor of CVS EGL Federal Boynton FL. L.L.C., its successors and/or assigns, as the Tenant under that certain lease agreement of May 31, 2000 referred to in the Short Fonn Lease recorded in Palm Beach County, Florida Official Records Book 11860 at Pages 1378 through 1381: A. Second party shall give said Tenant at least five (5) days prior written notice of any construction or maintenance on the easement by second party, unless there is an emergency. B. All of the water and sewer utility lines and other materials will be underground, save and except fire hydrants connected to underground utility lines. C. During the construction or maintenance work, all efforts will be made to insure that there is minimal interference with Tenant's business operations. D. Second party shall at its expense, promptly and in a workmanlike manner restore the portion of the property to the condition that existed prior to the construction or maintenance performed by the Second Party. N WITNESS WHEREOF, the First Party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed the day and year first above written. Signed. sealed and delivered in BERMUDA COMPANY, a our presence: Nevada corporation By: Print Name: (~,5~ Print Name: 15A.uc.e s: i!.e=A&s ~.s Page 2 of 3 - 139 - State of Florida County of Miami-Dade IV The foregoing instrument was acknowledged before me this li day of August, 2009 by DA VID M. LLEWELLYN, as President of BERMUDA COMPANY, a Nevada corporation, who @sonalJy known to ~r who has produced as identification. R~' Notary Publ;;; Stale of Florida ~ . . Michelle S Garcia-Rivera ." .I M~ CommIssion DD690521 ~Of" Expires 06128/2011 My Commission Expires: ACCEPTANCE BY SECOND PARTY The foregoing is hereby agreed to and accepted by as of the City of Boynton Beach, a political subdivision of the State of Florida. CITY OF BOYNTON BEACH, a political subdivision of the State of Florida By:~_ Print Name: Print Name: State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this _ day of ,2009 by ,as of the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, who is personally known to me or who has produced as identification. Notary Public My Commission Expires: Page 3 of 3 - 140 - , + SKETCH AND LEGAL 0ESa'lIPT10N +. BY PULICE LAND SURVEYORS, INC. 11M .. 5381 NOS foaL ROAD . SUNRISE, R...OAIDA 33351 TELEPHONE: (954) 57.2-1777 . FAX: (954) 572-1778 E-MAIL: sur""ysOputicalandsu,."ayors.com CERTIFICATE OF AUTI-lOR1ZAllON LBjl3870 ...L*=-~.A1tEOE:.::~ ~l! ,r;OOTH uNe:V~T-<5F=WAY. I I~ / /~ j I Is 1 J ;~ I? in I I ~ / / t:ii!o Z UJ _. I I 0"':' 6~~ l:g ~ ~ 0 ...~- FZn ., ~.2: ~ r-. >-~ 0 ~ I / ;!;bJ~ ~50,...: l~.. gj I I ~ I I >-.:ia. UOal - .... ~~. g<lI...5 .;u ~ .. ~ I I Jt~oo mlroo I r-. ,... ~.' i5F:. w~CD r-. '" [; { /",,;: ~,o:}- ~ ~ SIll: / l~""d a::~~ ;....;.... "" M <- ~ ~ 0 0 Z ~ , I ~5 n. z tIl ~ . a I I~fi: ~I>- I {J S88'55'15"E 12.00' \! i I II N011J7'17"E 86.00' . ~ I~ S011J7'l7"W 76.00' ~ ...J _~___L_L- I~ _ NORlH RIGHT-oF-WAY ~ - - N88"55'1S.W 8 PONT Of" ~ 1 . N011J7'1iE 40.00~ 98.84 $88'55'15"E 71.65' - ~ ~ . "SOutH ~SE'c1iOii"'i1-45-4.l::;"-- - . 'L:- ' - . ;-- . - - - - - .- + N88"55 lS-W 279.9.3' BOYNTON BEACH 8Oll.EVARD (STAlE ROAD NO, 804) (N.E. 2ND AVENl..E) / POlNTOFca.~/ s.E. COONER SECllON 21-45-43 NOTES: 1) BEARINGS ARE BASED ON THE WEST LINE OF SECTION 3 BEING N01'12'16"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FlELD SURVEY. .3) THIS SKETCH IS NOT VALID WITHOUT THE SJGNA TURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) O.R.B. DENOTES: OFFICIAL RECORDS BOOK. 5) <&. DENOTES: CENTERliNE. ALE: ~ LAND DEVELOPMENT n.ns DOCUMENT IS NEITHER FULL NOR SCALE: 1"-80' COMPLETE WITHOUT SHEETS I AND 2 ORDER NO.: 51447 DAlE: 07/23/07; REV. 11/27/07; 12/04/07 UT1UTY EASEUENT F. LICE, PROFESSIONAL SURVEYOR AND MAPPER lS2691 o BETH RNS, PROfESSIONAL SURVEYOR AND MAPPER lS6136 BOYNTON BEAa-l, PAI..M BEACH ca.NTY, R.CfIDA 0 CHARLES E. CLARK, PROFESSIONAL SURvEYOR AND MAPPER LS6434 FOR: ECKEAO SITE STAn:: OF FlOR1DA - 141 - , . + SKETCH AND LEGAL DESCRPTlON ~ BY + PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, R..OAlDA 33351 TELEPHONE; (954) 572-1777 . FAX; (954) 572-1778 ..-j E-MAIL: sucveysOpullcelondsucveyocs.com CERTIFICATE OF" AUTHORIZATION LB#3870 LEGAL DESCRIPTION: UTILITY EASEMENT A PORTION OF BLOCK 7, "ROBERT ADDITION TO TOWN OF BOYNTON", RECORDED IN PLAT BOOK 1, PAGE 51 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A PORTlON OF THE 20 FOOT RIGHT-OF-WAY DEPICTED ON SAID PLAT, VACATED IN OFFICIAL RECORDS BOOK 11424, PAGE 825 OF SAID PUBLIC RECORDS BUT RETAINED AS A UTILITY EASEMENT, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS DEPICTED ON SAID PLAT; THENCE NORTH 88'55'15" WEST ON THE SOUTH LINE OF SAID SECTION 21 FOR 279.93 FEET; THENCE NORTH 01'07'17" EAST 40.00 FEET TO INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD NO. 804) (NORTHEAST 2ND A VENUE) AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01'07'17" EAST 86.00 FEET; THENCE SOUTH 88'55'15" EAST 12.00 FEET; THENCE SOUTH 01'07'17" WEST 76.00 FEET; THENCE SOUTH 88'55'15" EAST 71.65 FEET; THENCE NORTH 00'02'36" EAST 11. 70 FEET; THENCE SOUTH 89'42'24" WEST 65.74 FEET; THENCE NORTH 01'28'27" EAST 250.56 FEET; THENCE NORTH 84'35'50" EAST 59.22 FEET; THENCE NORTH 02'20'34" WEST 12.61 FEET TO THE INTERSECTION WITH THE NORTH LINE Of SAID VACATED RIGHT -OF -WA Y, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE Of NORTHEAST 3RD AVENUE; THENCE SOUTH 88'55'15" EAST ON SAID NORTH LINE AND cON SAID SOUTH RIGHT-Of-WAY LINE 15.03 FEET; THENCE SOUTH 02'20'34" EAST 25.93 fEET; THENCE SOUTH 84'35'50" WEST 60.14 FEET; THENCE SOUTH 01'28'27" WEST 221.79 fEET; THENCE NORTH 89'42'24" EAST 65.35 FEET; THENCE SOUTH 00'02'36" WEST 37.06 FEET TO THE INTERSECTION WITH THE SOUTH LINE Of THE AFOREMENTIONED VACATED 20 FOOT RIGHT-Of-WAY AND NORTH RIGHT-OF-WAY LINE; THENCE NORTH 88'55'15" WEST ON SAID SOUTH LINE AND ON SAID NORTH RIGHT-OF-WAY LINE 98.84 FEET TO THE POINT OF BEGINNING. CONTAINING 7,900 SQUARE FEET, 0.1814 ACRES. FILE: UNIVERSAL LAND DEVELOPMENT SHEET 2 OF 2 THIS DOCUMENT IS NEITfiER FULL NOR SCALE: N/ A COMPLETE WlTHOUT SHEETS 1 AND 2 ORDER NO.: 51447 DATE: 07/23/07; AEV.11/27/07i 12/04/07 UllLITY EASEMENT BOYNTON BEACH, PALM BEACH COUtll'Y, R.ORDA FOR: ECKERD SITE - 142 - Palm Beach County Property Appraiser Property Search System Page 1 of 1 ~-: ' ~- '\ ".' ~ ~ ':' ~ ,'1-'. r :- J r ~;:. :: E" -:; F t ... ::-.:- ':: ("~ I ~2."'o~ Property Information Location Address: 301 N FEDERAL HWY Municipality: BOYNTON BEACH I-.l Parcel Control Number: 08-43-45-21-26-007-0020 ~ Subdivision: ROBERT ADD TO TOWN OF BOYNTON IN Reverse Side Official Records Book: 12689 Page: 1076 Sale Date: Jun-2001 Help leGal DescriPtion' ROBERT ADD, ELY 81.11 FT OF BLK 1 LYG N OF & ADJ TO BOYNTON BEACH . BLVD R/W, BLK 8 (LESS S 40 FT BOYNTON BEACH BLVD Owner Information Name: TOWNHOUSE APARTMENTS LID t ....., -_..... ,- Mailing Address: 4649 PONCE DE LEON BLVD 403 MIAMI FL 33146 2121 Sales Information Sales Date Book/Page Price Sale TYDe Owner Jun-2001 12689/1076 $3,243,383 WARRANTY DEED TOWNHOUSE APARTMENTS LTD Aug-ZOoo 11958/0893 $260,000 WARRANTY DEED BOYNTON/FEDERAL DEV INC [ Exemptions ] Exemption Information Unavailable. Appraisals Tax Year: 2009 P Property Information Improvement Value: 1 276 71 *Total Square Feet: 0 Land Value: 1 971 63 Acres: 1.5087 Total Market Value: 3 248 34 * May IndlCllte living area in Use Code: 1400 Description: SUPERMARKET/ tial properties. All values are as of January 1st each year P = Preliminary Values Tax Year: Assessed Value: ."~.q. . ._ , . Exemption Amount: . Taxable Value: Taxes Ad ~~~o~::~ i_~ Non Ad T~:~~~:':: !"~~1UT. NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option In the browser to print the deblll on one p.ge. http://www.co.palm-beach.fl us/papalaspx/web/detail _info.aspx?p ~ entity=08434521260070... 9/8/2009 - 143 - Retum to: (endose self-add188Sed 1~8Tr1ped envebpe) 1IIII Dill Dill miD. D 11111I ...... CFN 20060~03555 A:i;t"iIIIM; OR BK ~9953 PG ~530 RECORDED 02/21/2086 1~:45:e2 Pal. Bvach CD~Dty. Florida Sharon R. Bock, CLERK & COIIPTRa.l.EJI Pgs 1530 - 1548; IllpV81 ~o of JI ~ ate. C', Or' ~ ,', --~ llla ~: '.~. "~~'" ,'1 .. ~ ' , 4. ~tPartml'nt nf &tlttt '-'~ '~ ~ I certify the attached Is a t~ correct copy of the Articles of Merger, filed on January 18, 2006 as shown the records of this office. ~ The document number of the s mcorporation is 827512, ~ ;?':", V...--,-~ .' /' ~o :;..-'" ,,-.-;::-, ~.;;..:; i t, , .5>~"'" ~;;IT ( /'\,,) 0::.' ~ '.7\ CC?-), ~ ~~(~~ ~ Given under my hand and the Great Seal of the State of Florida at Tallahassee, the ClWitol, this the Eighth day of Fetiruary, 2006 5"<<.. ~ G...!- ~ue~ nhh GRl'I"022 (01-00) ~t'n"ebIrl;r ttf~btte Book19953/Page1530 Page 1 of 11 - 144 - ._, -~ -~ d' 0 , 0 , , . , > FILED 0 ARTICLES AND PLAN OF MEAGER. . - " . ., Three Florida Partnerships into Nevada Corporation 06 JAN f 8 PH 4: 2 J . ........ 1U't/31 ~z.. :$t~~ "ATE " A.ZAI:EA PLAZA, LTD. LlLP, A.lRL HOTELS, LTD. LLLP and ' ~'.I' .. -. A V/I~ AI' ARTMENTS, LtD. LLLP into BERMUDA COMP ~ '. FLORIDA ~: \ .. . . _~ no.. Ani"..."" Ploa of_. "".. '""",.!L ""'" an> "'..... Wlo by . , ea Plaza, Ltd. ILLP. Airliner Hotels, Ltd. LLLP and Townhouso Apartmenls, Ltd. . , three Florida Umited liability limited Partnerships (hereafter sometimes refen-ed ._ . "'" the "Florida Partnerships'18Ild Bennuda Company. a Nevada corporation (hereafter . '~'1ffS referred to u "Bennuda"). .~ . <.....~ RECITM.S ~/. .. . -. ~,..", <=Bermuda Company is. B.oorporation organized, existing and in good . ,. ,. . Stand.i~the laws oftbe State of Nevada. '<,? v . ", , li-J ~ ;, ,"'ow=o1. 9...._ ..... _",". """'" ;"Akf"" Hotels. ~':\~ a 99".4 limited partnership interest in each of the other two Florida - Partnerships. ~~ : - c.~ partnership interest in Azalea Plaza. Ltd. LILP is owned by - -. its 50tC general p ~ Fear COlIlpJ.llY. a Nevada cmporation. . ._ D. The :=1% partnership interest in Airliner Hotels, Ltd, LLLP is .. owned by its sole g rtner. Big Flag Company, a Nevada corporation. " . E. The other l~~P interest in Townhouse Apartments, Ud. LUP is owned by its sole general JW1n~ Elizabeth. Inc.. a Nevada corporation. ~'<~ - . /' . F.. The sole voting~. the Board ofDirec:tors ofBenlwda have - . ~opted unanimously the following ~tlw merger of the three Florida partnerships mlo Bennuda: V: <.....:;-:~, ~,\ l'i .... PL~.~it6a. . ~- .. 1. Bermuda on forthwith acq~'tbtire~ partnership interest in eacl1 of the three FloridA Partnerships from the ~cr of said genMII partnersl1ip in.erest, so that there shall be no outstanding int I t ownod by Bermuda, the - surviving entity.' .:~ ~ 2. Thereupon, these Articles and Plan of ~ ~al1 '00 filed with the Florida - Department of Stale and the Secretary of State cfNeya((l!l~ xordance with the laws of .. the respective jwisdictionll authorizing the merger of Ro~hiPS into Nevada - , coll'orations, to ~ effective in both jurisdictions on J~ 6. -. . / \ ~ 1 Book19953/Page1531 Page 2 of 11 - 145 - -- - . , , I . :-- . 3. . Then, pursuant to Section 620.204, Florida StatUtes, and thQ:.applicable , laws of the Slate of Nevada, the title to all real estate and other property. or any interest therein, owned by each of:he three f10rida Partnershipi sI1aII vest in Bermuda Company, which shall be the SJJCYiving entity. ...., . -. 4. A certified ropy oftbcse Articles and Plan of Merger shal~be recorded in - .. ~""" io wid'" on, "II< """ Pkxida Po.""""_ on """"" ;. "" """"'Y. o \i FURTHER ARTICLES OF PARTNERSHIP _. \~ 0' Both ofthconfy two partners oreacb of the F\orida.Partnmps, by their - ~below. _. '''Yond 011 "'''" of.., _1<'- w>b """'" to tho . . ---. of the foregoing Plan and signify their approval ofdtc PIan. .. ~1'\ 0 As r=ted above, the Plan has been duly approved by Bermuda in : : ' acco~h the appficable laws of the State QfNevada. As lWideace thereof; lbcrc is : .. atta and incorporated berein by reference IS though set out in full at this point the Artki ~ of~MEer beiog ffiec;l with the Nevada Secretary of State (which filing wiD . m.do~..m. _._of__ond_ofM.'.'''''.,,,,.... duplication evada form.) The address oftheprincipaI office ofBem:wda in the State ofNev t'~)>UOW5; ~~ c., \: e 416, U. S. Bank Building . _ o~ast Liberty Street, Reno, Nevada 89501. (-~ 7. There ~SSCDting partner in any of the three Florida Partnetsbips. If any such dissenting partner ~ be for1hcoming. Bermuda Company shall be deemed to "'..__the Flori... Bi-" ......t "" """",of""",,,i.. proceeding to enibrce any 0 ~ r the rigbts of dissenting partners of each Florida .' Partnership that is a party 10 ~ and Benuuda Company has agreed to promptly pay to the dissenting partnCl"S of~l}a;la Partnership that is a party to the merger tho ....om, if "'Y. t. wtich lhoy .. ~ _ 620.205. fuido S........ \\. .-... .- . 8. Pursuatlt to Section 62 t"F.J~ Statutes. these Articles and Plan of .- M''Y' ,""- "20" fiO.. with tho l'lo~ of_....' """""', of Cancellation for each of the Florida . ~ is II party to the merger a.od each such Partnership Certificate oflimited P \1 shall be caooeUed as of January 3t. 2~. ~~~ ...... AZAI..E,A PLAZA, LTD. LLLP, by its TO ~APARTMENTS, LTD. sole general partn~, Cape Fear LUP. yitf Ie general partner, Chateau Company,a Nevada corporation Eli "-. :.~ Nevnrla corporation .. B.x:~::z-d~. ::;:1'<1'- jlfln- ". (_,.i/." . .. BY:~~~.a . ... . . Obert R. Bellamy, PrcSidmt \. R ~___/~. Presidenl ") /r ~ 2 Book19953/Page1532 Page 3 of 11 - 146 - . . . . : . I . ;- - AlRl.lNERH9TELS. LID. L1J..P, by BERMUDA COMPANY, a Nevada its sole general partner, Big flag oarporatioll ~ - Company, I Nevada corporation ... BY: ~ ~. ~L (" "=<-" By:n'?_1.;r:j ~;j;f . .. .- , \. .- .' Ro It It BelJamy, President ~ Robert R. Bellamy. Pre . . . ~OFPLOBlDA ' . . ~OPMIAMI-lliJlE ,"' ~ -;- . ..o:.r]\ ~J .'The foregoing instrument was atknowledged before me this ~ day of ~!lIl11ary, ,. . c'" ~TR. BELU.MY..__.rCopop"''''''''''''''....._ ."" partn ea Plaza. Ltd. LLLP, a Florida limited liability Iimited partnership, who .: . ',11 nally known to me or _ who has produced as identification 8 - ,.'--' issued by . . -- (""~ .~:.. .. . MyC . .. res: .. ... :' -...:- 5i:' R1C1W1) Jl ~.., 'J,-I!,.,z , \t..~ 1olY=, ~ . .- I~..d . - .~ - . N ARY PUBLIC. State of Florida ~ti&xc ~1III't R~_' ~~ STATE OF FLORJDA ~ 0 COUNT'l OFMIAMI~DADE (~~ \::::::.~ .", V~;-'7 Th. ~........... fi bolbre...u;, ...@...d'l'ofJ>nwuy, - , , 2006 by ROBERT R. BELLAMY as .of Big Flag Company &uole general p/lrtnl:!: of Airliner Hotels, Ud. LLLP, , ~~lcd liability limited partnership, who . -' .. ~ is personally known to me or ~~o has produced as identifu:ation a ., : ,- ~~ issued ~y .- -. \ \ ' .' My Commission Expires: ~~ . ~ AJCHm)J,~ :' ~-IkL -- dO.. \; ..,1.tY~'llDWI21Z . ~ .eo EXPRl8t.b>e~~ ". n..' - ..~. ~-.-............ NOTARY PUB ~c of Florida zt Large - (. I' ~~~j).. /Q , \{-'~_V~ ,(" ~ '-' . 3 Book19953/Page1533 Page 4 of 11 - 147 - - ." ..." , I . ":'- .. STATE OF FLORIDA COUNTY OF MIAMI-DADE. The furegoing jn&t111ment was ar.knowledged before me this I~ dJ.y orranuary, . ." ,.... 2006 by ROBHRT R. BELLAMY as President of Chateau Elizabeth, 1nc. ~ sole genem.l ~er of Townhouse Apartments, Ud. ILLP, a Florida limited liability tinlited - , . necship" who V is personally known to me or ~ whp has I!fOduced as . _ . _ . I "fica/ion a . ~by ':!-.-' ' .", ~--P J~/~ '. _~ '. . _". NOTARYPOBLIC, Sf4tc of Florida at Large --.... ".;. STATE~~ 2M~~ COUNTY 0 ~DADE IFill EXPIRB:,lfta:UD:lII -- fUI<ooop-.-...... n'_ (f-\\ ( 1. ~//, The foreg ;-'" eut WM acknowledged before me this ...L:2.... d.a19f IarllJaIy. ._ 2006 by ROBERT It lIB PreSident ofBennuda. Company, & Nevada .. - - ~IP?l'll:ti~D. who ~~~ rsonally known to me or _~ho ha4,produecd as IdentlflcatiOn a issued by . . . '. - My Commission Expires:' ..... ,.~~::~ ,J.-II~ ',' __ ...--..-&-.a.... /~UBUC. State of Florida at Large .' ~,,,,,\,-I. 't'" .....~') ~:.; V;;~ ~~ 0 .i' .,. o'bdlom)"olo~orti<l""",,,,~ ((\~V f=f,3 ~ ~ ~- >~> -- /,..........)\yJ) ~_. == 'T\ ll. f :;/ V);;' - - 'l:.,?, ~;:.; co r _ mr ~ m '. .'7)'"' -- 0 G.-. ~ -. . ..... ,I 1''' ...... ....... .,f:'- ~"..'0. 0> - - ~~' ~N ..'- .- C.//~ ~m - -'/~ /;:>' ~~/,\ ~~ 4 L- Book 19953/Page 1534 Page 5 of 11 - 148 - , DEAN HELLER 8'., Secretary of Staie I .~~~, . ",' Z04 Nom Carson Street. Suite 1 ,. Carson City, No-v.da 89711t-429lli . . Ins) 684 5708 , '.'-..... WBbslte: secretaryo(s!ale.biz ..... Articles of Merger ~PURSUANTTO NFl$ 92A,200} ~ Page 1 ~_._._~---' ,.,/ urS\lant to Nevada Revised Statutes Chapter 92A) ." rQ\ (excluding 92A.200(4bt) '~j~ 1) Nime and jUrl~-Q, of organization of each consUtuent entity INRS 92A.2001. II there are more thanJour me(~~itieS. check bo][ 0 and 4ltl:ach an B'I." x 11" blank sheet containing the required Infor~r eacn .,dditionalentity. AZALEA PlAZ~D. LLLP Name of merging it Floi'ic1;; V'\ limited Partnership Jurisdiclion Y':::0-::7 Entity type . AIRLINER HOTELS'.0D. lllP Name of merping li!ntity .~ Florida <rc>~ limited Partnersh1p Jurisdiction . ..s Entity type . -.i\ TOWNHOUSe APARH1ENTS, (r!}i lllP Name of merging entity . (\1- Florida ~~~ Limited Partnership Jurisdiction \f ;::;'7 Enlily type. c?Y 0 ~ Namlf of me'f1;ngentlty /,:.....)\ t'---:> J" "J \l j Jurisdiction V/~ type ~ (. \ ~\ and, 7?70 BERMUDA COMPANY ~_ Name of surviving entity .;~ Nevada Cor r'1ion Jurisdiction Entity IYPo/':(r-') \(/I'~ . Corporation, non-profil corporatjall. limited pannerlihiP, limited-liability company~' ss trust. . . ~~ . T1'I rs fCWIn mu,A [ b..' <ilc'c;c mp......'ed by apprQpr;iJle ,"~T .M...;(-a:L ;ti.unl.'II''"i '101 ::;;lol~-III.o101'l'i Mrr!lllf ;.I~.;;.: ~~ l':._,"'lIIt1!utJ':''-'''l.''Oo.; Book19953/Page1535 Page 6 of 11 - 149 - . , DEAN HELLER . .....my ofSb" I , -~~' 244 North Carson Srreet, Suile 1 :- ' Cal'lllon Clf)!, Ne...ada 80701-4299 , 177Sl 684 5708 '~...l. 'Webslte; 5ecre!aryofatate.biz .., Articles of Merger \ PURSUANT TO NRS 92A.2001 Page 2 -, A9O'iE SI'ACI! IS fOR OFFICE II~E rail" 't 2) Forw"" dii address wIlere copies of process may be sent by the Secretary of State of Nevad ~ "~eign entity is the survivor In the merger - NRS 92A.190): ~j':--' I\!tn~ rJl/A . ...J:'- \';1m <"1 2> ~...... .} ~~ 3) (Choose one) ';"--::::::-5) Ul ~. " The undersigned ~t a plan of merger has been adopte(t by each Cl>nsUtuent entity INRS 9iA,200 ~ o The undersigned deCla~iI pl..n of merger has b~n adopted by the- parent domestic entity (NRS 92A.18111 0 ' 4) Owner's appl'ov.al (NRS 92A.200"~ a, b, or c: must be u:>ed, as applicable, for each entityllif ther.. are more than four mMging 6titlA,s, cheek bOll: D and at1ach I!In B y.~ J[ 11" blank lilleet o;;ontilinjn~ the required information ~ <Iddltional entity): . , , ,\-, la) Owner's approval was not required fr~. .-'~7 ~O Name of m..rging antity, if applicable ~.:5'".~:::,;, !;( ,.'-";, ,,\., ""- 5....."""iv Name of merging Ill'ltity, If applicable y:>" *" /.-"';'" I (\~)) Name of merging entity, if applicable ~- rf?? Name Df merging entity, If applio;;able ..~ and, or: << (, ~;::.-.~~ Na~e of surviving elltlty, If applicable ((), ~~~ ~' filing fae $350.00 <:"&~ ' nus fo,.m mu-,r bl!l acC'ompsn.ea' b~ /tppr'tJjJrlblc f~es.. ~,,::,..r,;iihl=-tI'l'.sI"~'A..,~wry.r;~] - ~ P,o:"1'l~fjJ ~m- .p.>n;,i~ Book19953/Page1536 Page 7 of 11 - 150 - . D"N HELLER , Secretary of State' > . . <.. 20. Nolt" Carson Streel, -Q,utte 1 . . Carson City, /IIell<ld~ 1I97lM -419:1 . (ns) 684 5708 . '" Webslle: sQcrelaryollllate.blz ~ Articles 'tJf Merger PURSUANT TO NRS 92A.2DO) Page 3 . ~~ ._..._,.~"~ . . - ~ -.----- - -.--,..... , ..- /.f(}\ '~)':.r- (bJ The plan w~~ by the required consent of the oWners of": ~ AZAL" P. ZA, LTD. lllP Name or meiging ~tity. if appJic.ble AIRLINE."/':' LS, LTC. LLLP Name of merglti if applicable TOWNHOUSE~' tiTS, L TO. LLLP Name of merping en ~ plicahkl Name of mflrg;ng amity, ~cable and,Or, ~~ ((,~ e ER1~U DA COMPAtlY \.'-:, \ 'J;) Name 01 surviving entity. if appIKa~~-.> c2'.~O ~"'".-::-. \( .,.y {I., ~ j....,...,. v(60) . ~~ I~ . Unle~s Cllherwioe proVided in t1", ocnifiClI. OftIWI or 8o'eming il\$U\Jffielll j;" usincss [nJS{. II merger mU~1 b. approved b~ .11 the trUSlee, and beneficinl Owner> of each bu.~iness Il'1m Ina! is /I constimenr cnlily i~gcr. ( ',. :::> ''':y, ~/-) l." )" . ~~) . ~ -.'/). T~ i., form mu:st b. a<compa"j~<1 by Jtppropri"C'<> fr..... ~~. '''''''''' ., ..... A'" ......' ,m R..",,11o"" On: 'C,rl.'L'';j;lj Book19953/Page1537 Page 8 of 11 - 151 - . . DEAN HEL.LER e'"... SecfetaryofSt3te I ,.~-t ~o.. 204 NOr1h Carson Street, Suit" 1 "- ',~ Car&on Cil)l. Nevada 89701-4299 . " , (7751 15 S4 5108 ......'-. Website; secrota1j'ofstate.biz ~ Articles of Merger \ PURSUANT TO NRS 92A.200) Page 4 \~ 0 ___""'.""""'~"~-""'._ ,. ;> / ....(~ \~~) ? t...O ;/';' re) Approval ~~erger for Nevada non-prom corporation (NRS 92A.160): '.~ The plan.of merg~r been approved by the directors of the corporation and b}l each PUbliC otrlCef llrl!1 ~ on whose approval of the plan of merge/Is required bYlhe articles' of Incorpa .01 the domestic corporation. ~(.-)\ ./ ? ~~ Name of merging entity, i(~ble' . V Name of mergJng entity, if aPPI~ \~~ .'^~ r I .:J J Name of merging entity,if apPlica~~ v- " "7 ~'\).O Name of merging entity, if applicable ~:;?-'\ \;/ $'';''.) v::./ and, or; V'((,. . ~" (\\11 ~\/ Name of surviving entity, If applicable ':7) f( ',. \:..:> ,- S\ ((:>--", ---"/5l \'-~Gb TlJi:; 'arm mun b. accompan;ed o.y 4Rproprl.te f~'. ('\ _j/L~.';, ~r,;riC:""ry.;,,1 :'='t;lI~ AM ......'11"". ~..;~.~ ~~ ":DVIs.eo1f111 UKl~"l:= Book 19953/Page 1538 Page 9 of 11 - 152 - ,., DEAN HELLER .' Secretary Dr State ' · " ':'{.. 204 North Ca~on S~', SuIte 1 ..... ,. C.rson City. Nevadll1l9701-4299 . . (n51 Ga. ST08 ".",. Website: 8.eretaf)'oISlale.bi~ -. Articles of Merger \ PURSU.A.NT TO NRS 92A.200) Page 5 ------' \;2)7).Q . . ... ..... . AIO\'!SP.eElS.~DfFICeu'~o"'" ~' , -- . . ....- 5) AmElnrJ~, if IflY. to the articles or <<:Grtllicate Dfthe surviving entity. Provide artlele'Mnf1bers, yvallable. (NRS 92A.200)"; \.~ NJ A '.;'7 ,) \ " " .J 1', ~~, ( ," \y~~ 6) Location of Plan of Merge~ a or b): .---L... (a) The entire plan of mer~~ched; Dr, ((0)\ .~~, _ (b) The entire plan of merger IS ~~ registered offICe of the surviving corporation, limited.liability comp~v.e .' si S5 trust, or at (he records office addteSs if a limited partnen;hlp, Dr ~ ~ of bU6io~s of the surviving entity (NRS 92A.ZOO). /"" )'-.7"" ~ , .\ \{ ,'., '." , 5.'v ." > 7) Effective date (Optional)-: J /I n u & r y 312~16 . Amended and re~tated articles may be attached as an exhibit oZf::'~ into Ihe artic:les 01 merger. Plsase entitle Ihem "Resrated" or "Amended and Restllt&d: accordingly. ~~~o accompany reslated articles prescribed by tile secretary of state must accompany the amended af'(ll""t1t lated article3. Pursuanllo NRS 92A.180 (merger of subsidiary into parent- Nevada parent owning 90. "r T91e of subsidiary), the articles of merger may not comain amendment$ Ie Ihe cOllsbluent documents of t M~ng enltly except that the (lame of Il1e surviving entfly m!lY be changed. (~)' 'I...;: 4-'" /~ - A merger takes effect upon filing Ih" anicle5 of merger or upon a laler da~~cilled in the articles, whicn must nol be more lhan 90 days after Ihe articles iilre filed (NRS 92A.240).'t AU) . , 'J "-=.//> nus '"rm mU,IE b.. :"~(;'Olf!l;rm/ed by appraprillle f..s. . (\ }/L'.1\"'(UJ ~C'",..,,"t~ f.~~~"r" Alii'! M,r!ll'1 ,n'.l ~ ';t'"".e,:j.c.".lj,,.~~ Book19953fPage1539 Page 10 of 11 - 153 - , , , . DEAN liELLER . '~w"'"f .IS.." ' , ,"{ 204 North Carson Street, S~t.. t Caraon City, Nevada 89101 199 InS} 6114 !i706 , ~. Website; :;ec:relaryofstate.tilz -. ArtIcles of Merger PURSUANT 10 NRS 92A.200) Page 6 ,I.IIQV~ 11".a- m- FOfIl OFFICE USE CNl. 'r 8} S' ~ Must be signed by: An officer of each corporation whether Dr nDt for profit; all gen IJ' ers of each limited partnership or Ilmlted.Jialtillty limited partnership; a manlSgllr of ea . ltW.Jillblllty company with man.~ or by one member if with.out managers; a trustee ~jQ,S5.trust; a managing p;ilrtnerofalimJted-liabillty partnership; by one partner of a Slen ~r'hiP'. (if them uv more than four merging entitles, cfMIck bOll D and attach an .~. .' 1"blBnk aheeteontaining tile mquit'ed information for each additional entity. I: <J r--. .p (Nev.). Partner 1 I/~ I 06 Date ..V.). 1 1(>1~6 Date p. ~ CJ.!.~.t~ Ignature RoiNrr R. Name C1f merging etlUty \{ ..' - ....~ ':.. 1 'L ~ 5" ~-..- . ~t6~ 1_1- Signature Date BERMUDA COMPANY {(7-=J0 . 1.-/ Hamll of surviving entity '(i" :Y~_./2..... "7 . ('____ Preside <--; I I..!.!..L.!2..6 Signature Robert R. Bella Title .....c~'::..'n Date . T"" .";d~ .f ~....' m,,". "',.. 0' ~'" f~.",M.U,"Mf."" '0 '~" .,~"... Oy" ". governing It (NRS 92A.2JOl_ Additional signature blocks may be added to this -OJ S en ElllElcj"1ment, as needed. IMPO~TANT: Failure to include any of the above information and submitlhe ~ may cause this filing to be rejected. ' ~ . TnJ& form m~l5!' b.. "cC'ompaJtied by apprlJpriatra (...~. r'\ :.r ::!!'.ilUI :::J.~'III1MJCll .'IolItI.IIM"'wortl!-e, 4l!'J.J ~ oiI....I.....f1,.:'1t1!\'l)ID!I Book19953/Page1540 Page 11 of 11 - 154 - (THIS PAGE INTENTIONALL Y LEFT BLANK) - 155 - 6. G CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF X CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RP1001). PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment Installations, Inc. for removal and closure of four (4) existing underground 10,000 gallon diesel and unleaded underground fuel storage tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at the Public Works Complex. Work to include installation and start up of a new above ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon hydraulic and waste oil tanks. Total project cost with options is $425,450.00 plus 5% contingency in the amount of $21,272.50 and is funded from the Fleet Maintenance Division account #501-2516-519-6325 (project #RP1 001). EXPLANA TION OF REQUEST: The Public Works Complex is the location of the fuel island for all City vehicles. All vehicles are driven to this site for fueling Underground and above ground petroleum storage tank systems are regulated by the Palm Beach County Petroleum Storage Systems Ordinance which directly follow Chapter 62-761, Florida Administrative Code. This Ordinance requires the upgrade of underground single wall petroleum storage tank systems with secondary containment (double-walled) tanks by December 31,2009. The purpose of the Ordinance is to minimize the occurrence and environmental risks of releases and discharges into the soil and corresponding water tables. Given the adjacent residential uses, the work is important to complete as soon as possible. Staff is recommending that the existing underground tanks be replaced with above-ground, double- walled steel tanks. This action will eliminate future concerns for tank leaks underground. Most notably, use of above ground tanks will allow for tank relocation to any new Public Works site that may be constructed in the future thereby yielding considerable savings. Although surface space at the current - 156 - Public Works Compound is in scarce supply, staff has identified a median location for the tanks such that vehicle movement at the site will not be impaired. Furthermore, placement of above ground tanks is a fairly rapid process allowing for minimal downtime of fueling operations. Non-compliance for either the removal or closure of the underground single walled tanks by December 31,2009 would result in penalties from the State. The vendor has identified a schedule of II-weeks for completion of the project. The project costs areas follows: Item 1: Design, Permitting, Closure Assessment & Other Professional Services $ 33,500.00 Item 2: New Fuel Equipment - Tanks, Dispensers & Associated Equipment $199,450.00 Item 3: Site Work - Concrete Pad, Drive Slabs, & System Installation $115,800.00 Item 4: UST (tank) Removals $ 42,000.00 Item 5: Repave Former UST Area $ 18,000.00 Option 1: Replace underground waste/hydraulic tanks with two 300GaL double-walled $ 2,700.00 above ground tanks Option 2: Tank Stairs (for access on top of tanks) $ 9,000.00 Option 3: Top of Tank Fill Port w/Spill Bucket $ 5,000.00 COST $425,450.00 5% Contingency $ 21,272.50 TOTAL COST: $446,722.50 The vendor for this project was selected from the Palm Beach County School Board Bid, #09C-018K Quotes were received from three of the five vendors on the contract with Lutz providing the most comprehensive proposal at the lowest cost. The Palm Beach County School Board Contract complied with Public Contract bid requirements equal to or which exceeds the City of Boynton Beach's requirements. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Replacing the underground storage tanks with aboveground storage tanks allows for portability in the event the Public Works Complex moves in future years. Additionally an upgraded fuel tracking system will allow for tighter controls and improved fuel management. FISCAL IMPACT: Funding for this project is available in the Vehicle Service Fund, account number: 501-0000-389-92-00 Net Assets Appropriated $446,722.50 501-2516-519-63-25 Improvement Other than Bldg/Fuel Tank Replacement $446,722.50 The funding and contingency shall be sufficient for this work. This does not contemplate removal of large quantities of contaminated soil. This is an unknown at this time. - 157 - AL TERNATIVES: To close the fuel tanks as required and fuel off-site at local fuel facilities located in Boynton Beach - 158 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" OF A PALM BEACH COUNTY SCHOOL BOARD RFP #09C-018K WITH LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC., OF POMPANO BEACH, FLORIDA, FOR LABOR, EQUIPMENT AND MATERIALS FOR THE INSTALLATION AND START UP OF A NEW ABOVE GROUND STORAGE TANK SYSTEM AND REMOVAL OF THE CURRENT UNDERGROUND STORAGE TANKS FOR A TOTAL COST OF $446,722.50, WHICH INCLUDES A FIVE (5%) CONTINGENCY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the County of Palm Beach has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" a Palm Beach County School Board RFP #09C-018K and authorizes the Mayor and City Clerk to sign a Contract with Lutz Petroleum Equipment Installations, Inc., of Pompano Beach, Florida for labor, equipment and materials for the installation and start up of a new above ground storage tank system and then the removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggy-back" of a Palm Beach County School Board RFP #09C-0 18K and authorizes the Mayor and - 159 - City Clerk to sign a Contract with Lutz Petroleum Equipment Installations, Inc., for labor, equipment and materials for the installation and start up of a new above ground storage tank system and then the removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency, a copy of the Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of October, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 160 - CONTRACT FOR FUEL TANK REPLACEMENT PROJECT This Agreement is made as of this _ day of , 2009 by and between LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC., a Florida Corporation, with offices at 2300 N.W. 16th Street, Pompano Beach, Florida 33069 ("LUTZ"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, pursuant to the Palm Beach County Petroleum Storage Systems Ordinance which directly follow Chapter 62-761, Florida Administrative Code, an upgrade of underground single wall petroleum storage tank systems with secondary containment tanks is required by December 31, 2009; and WHEREAS, LUTZ, submitted a proposal dated August 31, 2009 to the City to provide labor, equipment and materials for the installation and start up of a new above ground storage tank system and then the removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency at prices based on Palm Beach County School Board RFP #09C-018K; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and LUTZ, agree that LUTZ shall provide labor, equipment and materials for the installation and start up of a new above ground storage tank system and then the removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency at prices based on Palm Beach County School Board RFP #09C-018K, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A All references to the Palm Beach County School Board shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: James A Cherof, City Attorney - 161 - Goren, Cherof, Doody & Ezrol, P A 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The proposal from LUTZ dated August 31,2009, is attached hereto Exhibit "B". Section 3. In the event that the Palm Beach County School Board Contract is amended, or terminated, LUTZ shall notify the City within ten (10) days. In the event the Palm Beach County School Board Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The LUTZ agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Palm Beach County School Board Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: James A Cherof, City Attorney LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INe. WITNESSES: BY: Print Name: Title: - 162 - ATTEST: SECRETARY - 163 - EXHIBIT A AGREEMENT BETWEEN PALM BEACH COUNTY SCHOOL BOARD AND LUTZ TRAFFIC CONTROLS, INC. - 164 - . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requestell City Date Final Form MUlil be Date Final Form Must be Date Final Form Must be Commission Meeting Turned in In City C[erk's T\lmed in In Legal Turned in In Procurement Dates: Office lJ SeptembC1" 1,2009 AuJUJst 17, 2009 AUJ!ust12,2009 Au:gust 10, 2009 0 SeplembC1" 14, 201J9 Aui!.Ust 31,2009 August 26, 2009 August 24 2009 X OctobC1" 6, 2009 SeolernbC1" [4, 2009 September 9, 2009 September 7, 2009 rl October 20, 2009 Octobe-r 6 2009 Seu~ber30 2009 September 28, 2009 AnnouncementsfPresentations NATURE OF AGENDA ITEM 0 0 RECOMMENDATION: Motion to appropriate $425,450 from the Fuel Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RPIOOl). Motion to approve a Piggy-Back Cootract from the Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment Imtallations, loc. for removal and closure of four (4) existing underground 10,000 gallon diesel and unleaded IlI1derground fuel storage tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at the Public Works Complex. Work to include installation and start up of a new above ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon hydraulic and waste oi I tanks. Total proj ect cost with options is $425,450.00 and is funded from the Fleet Maintenance Di visioo account #501- 2516-519-6325 (project #RP1001). EXPLANA nON: The Public Works Complex is the location of the fuel island for all City vebicles. All vehicles are driven 10 this site for fueling Underground and above ground petroleum storage tanks systems are regulated by the Palm Beach County Petroleum Storage Syslems Ordinance which directly follow Chapter 62-761, Florida Administrative Code. This Ordinance requires the upgrade of underground single wall petroleum storage tank systems with secondary containment (double-walled) tanks by December 3l, 2009. The purpose of the Ordinan~ is to minimize the occurrence and environmental risks of releases and discharges inlo the soil and corresponding water tables_ Staff is recommending that the existing underground tanks be replaced with above-ground, double-walled steel tanks. Tlris action wi II eliminate future concerns for tank leaks underground. Most notably, use of above ground tanks will allow for tank relocation to any new Public Works site that may be constructed in the future thereby yielding considerable savings. Although surface space at the current Public Works Compound is in scarce supply, staff has identified a median location for the tanks such that vehicle movement at the site will nol be impaired. Furthermore, placement of above ground tanks is a fairly rapid process allowing for minimal downtime of fueling operations. Non-compliance for either the removal or closure of the underground single walled tanks by December 31, 2009 would mult in penalties from lbe State. The vendor has identified a schedule of II-weeks for completion of the proj eel. Sc1BUlLETlN'lFORMS\AGENDA ITEM REQUEST FORM.DOC - 165 - . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The project costs areas follows: Item I: Design, Permitting, Closure Assessment & Other Professional Services $ 33,500.00 Item 2: New Fuel Equipment - Tanks, Dispensers & Associated Equipment $199,450.00 Item 3: Site Work - Concrete Pad, Drive Slabs, & System Installation $115,800.00 Item 4: UST (tank) Removals $ 42,000.00 Item 5: Repave FOID1er UST Area $ 18,000.00 Option 1: Replace underground WllSteJhydraulic tanks with two 300GaL double-walled $ 2,700.00 above ground tanks Option 2: Tank Stairs (for access on top of tanks) $ 9,000.00 Option 3: Top of Tank FiJI Port w/Spill Bucket $ 5,000.00 TOTAL COST $425,450.00 The vendor for this proj ect was selected from the Palm Beacb County School Board Bid, 009(:-0181<.. Quotes were received from three of the five vendors on the e<mtract with Lutz providing the most comprebensive proposal at the lowest cost The Palm Beach County School Board Contract complied with Public Contract bid reqllirements equal to or which exceeds the City of Boynton Beacb's requirements. PROGRAM IMP ACT: Replacing the underground storage tanks with aboveground storage tanks allows for portability in the event the Public Works Complex moves in future years. Additionally an upgmled fuel tracking system will allow for tighter controls and improved fuel management. F'TSCAL IMPACT; FUDding for this project is available in tbe Vehicle Servke Fund, account llllillber: 501-0000-389-92-00 Net Assets Appropriated $425,450 501-2516-519-63-25 Improvement Other than BldglFuel Tank ReplEICement $425,4 5(1 AL TERNA TIVES: To close the fuel tanks as required and fuel off-site at local fuel facilities located in Boynton Beach Department Head's Signature City Manager's Signature Assistant to City Manager Public Affairs Dep.anment Name City Attorney j Finance S:\BULUillN\FORMSlAGENDA ITEM REQUEST fORM.DOC - 166 - \ PROPOSAL LUTZ PETROLEUM EQUIPMENT INST ALLA TIONS; INC. 2300 N. W. 16th Street. Pompano Beach + Florida 33069. [954) 971-5222 . Fox: 1954) 960-0082 Service Station Construction. Tanks Imtolled, Removed, Uned & Tested Environmental Site Assessments. Recovery Systems. Monitoring Welis Installed August 3[, 2009 Page One {)f Four Proposal Submitted To: Project Name & Location: City or Boynton Beacll Public Works Camplex 222 N.E 9'. Avenue Bo)'nton Beach, F133435 Attn: Paula Leblanc We are pleased to submit our proposal on our interpretation oryour requirements. Re: Publit: Works ComDlex (IV, 222 N. E. 9dt Avenue. Bovnton Beach. Fl. Scope of Sen'it:es Proposed Lutz P.E.I. will provide labor, equipment, and materials to complete two main tasks. The first task will be the installation and start up of a new above ground storage tank (AST) system. Once the new system is operational, Lutz will complete the second task, the removal of the underground storage tanks (UST's). This will ensure that fueling capability is maintained to the maximum extent possible. Phase 1: AST Installation 1. Provide a complete set of Professional Engineer signed and sealed construction drawings. Plans to include layout, structural design, mechanical design, process flow diagram, electrical specifications, equipment specifications and notes. 2. Obtain necessary permits *. 3. Install a concrete pad, roughly measuring 100- feet long x 12 -feet wide x I-foot thick. Pad to include No. 5 reinforcing steel and 4-inch yellow, steel, concrete filled traffic bollards at 4-foot spacing around slab. 4. Install two concrete drive slabs adj acent to AST slab. Each drive slab to be approximately 1 00- feet long x 1 O-feet wide x 6-inches thick. Drive slabs to include No.4 reinforcing steel and/or 6x6 10/10 WWF. 5. Provide, ship, off-load, set, and anchor two (2) new Service Welding capacity UL-2085 Fireguard aboveground storage tanks (AST's). Tanks to be cylindrical design 11.5-feet high x 34.5-feet long. Tanks to be set end to end on new slab in an East to West aligrunenL 6. Each tank to include a remote fill assembly on one end. The remote fiUs to include a one-point 3-inch quick hose connection with cap, check valve, shut-off valve, stainless steel outer box spill protection enclosure, manual spill removal pump, and locking door. The unleaded AST remote fill to also include a Stage I vapor recovery assembly and connection. Include 3-inch steel pipes and connections to top of tanks. 7. Each tank to include mechanical high-level shut -offvalves and aluminum drop tubes. 8. Each tank to include emergency vents and normal vents. 9. Each tank to be fitted with an interstitial space leak sensor and level probe. These electronic monitoring I devices to be wired into your existing Veeder-Root system. - 167 - , PROPOSAL LUTZ PETROLEUM EQUIPMENT I NSTALLATIONS, INC. 2300 N.W. \6tl1 Street + Pompano Beach t Florida 33069 + 1954)971-5222 + Fax: (954)960-0082 Service Station Construction + Tanks Installed, Removed, lined & Tested Environmental Site Assessments t Recovery Systems t Monitoring Wells Installed August 31, 2009 Page Two of Four Pmposal Submitted To: Project Nam~ & Location: Cit~. or Bot'ntoB Beacll Public Works Complex 222 N.E 9' Avenue Boynton Be.acb, F133435 Attn: Paul.. Leblanc We J1r~ pleased to submit our proposal on our iDterpretation of~'our requirements. to. Provide upgrade to existing Trak System per Trak quote of 5-19-09 (quote # 2) and include wireless communication upgrade. 11. Provide and install Simplex Auto Transfer pumps at Diesel and gas tank with probe and sensors to provide auto shut-off when tanks are full. 12. Provide and install two new Gasboy commercial grade double-hose, single product suction pump dispensers. The dispensers will include Gasboy 52 pressure regulating valves, sheer valves, %" hoses with re-attachable breakaways, swivels, and nozzles. 13. Provide and install a l.5-inch black iron pickup pipe, double-tapped bushing, anti siphon valve, emergency shut-offvalve, and custom threaded above ground piping from each ASTto the associated dispenser. 14. Wire new Gasboy dispenser pulsers to the existing fuel management system. 15. Provide a 1 icensed electrician to wire the new di spensers, the new monitoring devices, the exi sting fuel management system, and the existing Veeder-Root electronic monitoring system. Price includes emergency stop. ]6. Provide }RO party testing and certification of the new fuel lines. 17. Provide on-site startup assistance and continuous on-site assistance until the new AST system is fully Qpemtional. 18. Provide Professional Engineer signed and sealed As- Builts drawings of the new AS T system. One set of As-Builts will be submitted to the Palm Beach ERM. Pbase 2: UST Removals & Closures Once the new AST system is operatiunal, Lutz will remove and close four existing 10,000 gallon diesel and unleaded UST's, one existing 1,000 gallon new oil UST, and one existing 550 gallon waste oil UST. 1. Provide a vacuum truck with a Buttenvorth system to remove all remaining fuel and liquids from the UST's and triple-rinse the tank interior clean. All former fuel lines associated with the UST's will be completely flushed and cleaned. 2. Saw cut, remove, and dispose of overlying pavement. I 3. Excavate, remove, cut open, obtain ERM inspections, crush, and dispose of all UST's, fuel lines, and associated equipment. 4. Perform tank closure assessment activities including the installation of a temporary monitoring well. - 168 - , PROPOSAL LUTZ PETROLEUM EQUIPMENT I NSTALLATIONSt INC. 2300 N.W. 1611; Street. Pompano Beach. Florida 33069.(954)971-5222. Fax: (954)960-0082 SeNjce Station Construction. Tanks Installed, Removed, lined & Tested Environmental Site Assessments + Recovery Systems. Moniloring Wells Installed August 31 , 2009 Page Three of Four Proposlll Submitted To: Project N~me & Location: City of Boynton Beach P1Iblk Works Complex 222 N.E ,.., Avenue Boynton Beach, FI 33435 Alto: Paula Leblanc We are pleased to submit our proposal on our interpretation of your requirements, 5. Backfill the excavations with new compacted dean fill to approximately 8-inches below grade. 6. Resurface the former gasoline/diesel UST area with 6-inches of compacted FDOT crushed lime-rock base and }.5 inches of hot-rolled asphalt. Straighten edges and tack coat prior to resurfacing. 7. Resurface the former waste oil and new UST areas with 6-inches of reinforced concrete. Notes: 1. Permit fees are not included (Fees will be charged at cost) 2. Any handling of contaminated liquids or soils will be extra at agreed upon prices. 3. "Ibe city intends and Lutz is agreeable to "Piggyback" (he contractors PRess contract. 4. City will provide a site survey if needed. Price Prop.osal [tern l: Design, Permitting, Closure Assessment & Other Professional Services $ 33,500.00 Item 2: New Fuel Equipment- Tanks, Dispensers & Associated Equipment $ 199,450.00 Item 3: Site Work - Concrete Pad, Drive Slabs, & S~1em Installation $ 115,800.00 Item 4: UST Removals $ 42,000.00 Item 5: Repave Fonner UST Area $ 18.000.00 Total $ 408,750.00 I - 169 - . .. PROPOSAL LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC. 2300 N.W. 16ttl Street. Pompano Beach. Florida 33069. (954) 971-5222. fax: (954) 960-0082 SelYice Station Construction. Tanks Installed, Remoyed, Lined & Tested Enyironmentol SIte Assessments. RecovelY Systems. MonitorinQ Wells Installed August 31, 2009 Page Four of Four ~roposal Submitted To: Project Name & Location: City of BOlntlm Beach Public Works Complex 222 N.E 9' Avenue Boynton Beach, fl33435 AUn: Paula LebLanc We are pleased to submit our proposal on our interpretation of your requiremeDh. OotHm I: AST's for Waste Oil, H...draulk Oil. Lube Oil. Etc. (300 Gallon u 1-142 double-wallllbove grollnd skid tan II, 3'2" db ~ 5' loog, epo~y primelu rethane topcoat (wbite), S-gallon IIluminllm overfill w/2" lo~king cap, two HIIergeocy ...ents (primary & intH'Stitilll sl'aee), 2" normal vent w/rain cap, Ie...el gllge, pop-up leak I!age (to detect presence or liquid in Interdltial), sti~bn labeling contents And huard diamond. loelude! slai pping to site). S 1,3:1(1.00 cadi ODtloll2: Tank Stair4For Atcess to Too of Tank $ 4,500,00 each OotiOR 3: Too of Tank fill Port ~'/SDiII Bucket (For s<<ondary fueling ability attopoftank, dipping tank. etc.) $ 2,500.00 each Schedule After ReceiDt of Sil!ned AuthorizatioD to Proceed: Plans Pennits 30 Days Site Preparation 14 Days AST Installation 14 Day!; UST Removal 14 Days Job Closeout 7 Days Total time required from Authorization to Proceed (Note: I Week = 7 Calendar Days} 2 Days Tank and Equipment Lead Time is 4-6 Weeks Yours truly, George D. Randolph Ae<:epted V. PresidentlGen Mgr. Date - 170 - 1 I AGENDA ITEM l ; REQUEST FOR PROPOSAL NO.: 09C.Q18K RFP FOR PETROlEUM, TANKS AND ENVIRONMENTAL SERVICES DATE: JUrle 5,2009 DATE ADVERTISED: April 24, 2009 l DATE SOLICITED: April 24, 2009 DATE OPENED: May 22, 2009 PRESENTED TO BOARD: July 15,2009 DATE POSTED: June 5, 2009 l CONTRACT PERlOD: July 16, 2009 through July 15, 2012 ~ DEPARTMENT: 9095 FUND: 3714 FUNCTION: 74iO ACCOUNT: 568100 I FUNDING SOURCE: Capital Budget J REQUESTING DEPARTMENT: Environmental Control Office I ! , FINANCIAL IMPACT 1 j J The estimated annual finandal impact to the Capital budga1 is $200,000. The source of funds is Environmenta~ Contro1 Department budget. Services to be provided include but are not limited to storage lank removal, rep1acement. and installation, I fue1 deliveries and transfers, disposal etc. MINORITY TOTAL VENDOR STATUS POINTS AWARDED Core Stales Construction -- 63.2 Delta Petro~eum and Induslriallnc. -- 78.6 1 Glasgow Equipment Service, Inc. -- 80.6 1 i I LutzPEI _n 77 lEGEND: I - = Award ( ) :::; Reject I ~ MINORITY - (2-Arrlcan American, 3-Hrspanic American. 4-Nal1ve American, 5-Asian American, 6.Female, I 7-Physically Jmpaired, 8-0ther) The Evaluation Committee, consjst~ng of Districl staff, COl1vened and reviewed all responsive proposals. It was the recommendaHon of the Committee to award this contract 10 RECOMMENDATrON: 1 recommend contract award be made to the three (3} highest scored responsive, responsible proposers based on the evaluation criteria outlined in the RFP. Note: Original RFP document is available upon request. ! : - 171 - REQUEST fOR PROPOSAL NO. 09C-018K Page 2 RFP PROTEST Faijlure io file a protesl \'4thin the lime prescritled in ~120.S7(3J. Fbida Sta\tJ\es, shall a:lrIstilu(e a wai_ or pmceedings VIlder Chapter 120. Florida S~atules Md applicable Boar<l rules, regulations and policles. otfe"s flom lhe ~do~ listed herein are lIle only ol!eI.leooived limely as of the above opening date and 1ime. All oI\1er offers submitted in response to this solici!atlon, if any, are hereby rejected as lale. l! iI proposer wishes to pro!est a RFP, they mllSt do so in strict accordanoe with the prl>Cedures ~LJtIined in FS 120.57{3). Arry perwn Wilo r~ an ecUon pmtesting a declsloo or inteOOeQ decision pertai roing tQ lhis RFP pvrsuarn to fS 120.57(:>)( b). shall post >.Wh the Purdlasirlg Oeparlmenl. at the Hma of ft~ng the formal written pmles1, a bond SEIC1!red by an ~ Stnlly company in FlIlrtrta payable 10 lhe School District of Palm Beach County in arI amoum eQ.IallO 1 percent (1 %1 of lhe Iotal estimated coriJact value, but rlOIl8!;s than $SOO nor more Ulan $5.000. Bond shalt be COIldi'li::mecl upon lt1e paymenl of all costs that may be ~ againsl !ha jlrolester in ille administrative hearing ill which tt1e action is brought and In arIj s..os equant I!llpelrate cou1 !lfoceedirtl. ~n lieu of a borri, a cashier's cI1lJ(;k. certified bank check, bank DBI1ffied oompaoy cI1edl or mooey llI"der Will be acceplable form of security. II. after a:lIr.lll~lkm of the adminislrillve hBaing jII"OCeS5 and any appellate oourI proceedings, the Olstrid pmoaiIs, i1.shaU rElOJVe( a1~ costs and chwges ooLJ:led i1 lt1e ~nal ordef 01 judgment, including cl1arges bV the lAYisioo of Adminlstl'alNe Heafings. Upon pa~ment ci soch com ~d dIaI;es b~ the ~ter. the prolesl 5800rTIy shel be Rllumed. K the prolesl pre'I'alls, he or sI1e shan recover from lI1e Dislrid all coots !II1d merges, whicl1 ~ be iocluded in the final oroer of Pigment. DLSQUALlFYING CRIMES The bidder certifies by submission of Il1ls bid, thai neither It nor lts principals Is Pfesently detJ.arre-j, suspended. proposed for ; deberrnem, declared fneUglble or volUl'ltarily excluded from partlclpatlon In tlirs l1aosactloo bV !I1e Stata of FlOrida or fecleral Go-I'emment. 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Di$tricl of Palm Beach Coul'Il~ Fl Bfd Oge.OI8 K School District of Palm Beach County FL o/.~ l.JJ :' 'c"C' "-~",:';_ ~.<'~~;>;, Q : 1; :\~;":<~i~~~; ':t ~ BEM:H cou Solicitation No. 09C-O 18K Request for Proposal for Petroleum, Tanks and Environmental Services RESPONSES ARE DUE PRIOR TO: May 22, 2009 2: 00: 00 PM EDT RESPONSES MUST BE SUBM~TTED ELECTRONICALLY TO: www.bidsync,com The School District of Palm Beach County is an Equal Education Opportunity Prov1der and Employer. http: Ilwww.palmbeach.k12.f1.us/Bids/ourch/info/eou itv coordinators ,pdf I "j;s'r 22, 2009 2: 1 ~ :02 PM EDT p,l - 174 - School Disllict of Palm Beach Counl~ FI Bid 09C-D18K Bid Oge-01SK Request for Proposal for Petro'eum, Tanks and Environmental Services Bid Number 09C-018K Bid Tille Rl!Cluest for Proposal for Petroleum, Tanks and Environmental Services Bid Sta rt Date ApI" 24, 2009 3:22:10 PM EDT Bid End Date May 22,20092:00:00 PM EDT QuestiQl, & Answer M 13 2009 5'00'00 PM EDT End Date ay,. . Bid Contact Jan Butts Purchasing Agent Purchasing 561-434-B306 ja net.butt5@palmbeach,k12.fl.us Contract Duration 3 years Contra ct Re newa I One renewal for 2-year Period Pri ces Good for See Term of Contract Bijd Comments -THIS IS A NO fEE RFP The miluge radiu& selected is used only to help in establishing a mall1ng list for the District, and is by no means meant to discourage any bidders from bidding who may be ou'side the selected mileage radius. Added on Apr 30,20.09: ADDENDUM 1: This addendum modifies this RFP as follows: Section 24.4 Now Reads: The aWllrded proposers shall provide complete copies of any insurance po~icy for required coverage within seven days of the date of request by the Purchasing Department but In any respect <It least 30 days prior to the commencement of lIny term. For all contracts with an amount of $500,000 or more the actual INSURANCE POUC'/' must be induded with the Certificate of Insurance. A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida Statutes, Workel's' Compensation and 'Employees' Liability Insurance with minimum statutory limits. B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain, fol' the life of the contract, Commen:ial General Liability Insurance. This policy shall provide coverage for death, bodily injury, personal injury, products and completed operati ons Ii ability a nd property da mall e tb.t co ul d a ri 5. d i ...ctly 0 r indirectly from the pllrform..n-ce of the contr..ct. It must be an occurrence form policV. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL L1ABIUTY INSURANCE. The minimum limits of coverage shall be $1,0(10,000 pel" OCoC\.lrrence, Combined, Single Limit fol' Bodily Injury Liability .nd Property Damage Uability. C. BUSINESS AUTOMOBILE UABIlITY: Awarded proposers shall procure and maintain, for the life of the contract. Business Automobile Uabillty Insurance. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE M"y 22, 2009 2: j 3:02 PM EDT p.2 - 175 - Sch.oo~ Oistr\ct (>1 Palm Beach Cou nW Fl Bid O'<lC-01 Bj{ CERnFICATE FOR BlISINESS AUTOMOBILE UABILITY INSURANCE. The minimum limits of coverage shall be $l,QDO,OOO per occurrence, Combined Sing'e Limit for Bodily Injury Liability ;md Property Damage Liability. This coverage shall be an . Any Auto. fo I'm policy. The I nsu ra nce must be an OCf:U rrenee form policy. In the event the awarded proposer does not own any vehicll!$, the District will accept hired and non-owned coverage in the amounts listed above. In add1tion, the District will require an affidavit signed by the awarded proposer indicating the following: {Company Name} does not own any vehicles. In the "vent th" company acquires any vehicles tS,roughout the term of the contract, {Company Name} agre@s to purch.u'e "Any Auto" coverage as of the date of acquisition. Section 24.4 Change to Read~ The awarded proposers Shilll provide complete copies of any insurance policy for required cove,.age within seven days of the date of request by the Purchasing Department but in any respect at least 30 days prior to the commencement of any term. For all contracts wlth,IIn amount of $500,000 Dr more the actual INSURANCE POLICY must be Included with the Certificate of Insurance. A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida Statutes, Worken' Compensation ilnd Employees' Liilbillty Insurance with minimum statutory limits. 8. COMMERCIAL GENERAL lIABILITY: AwardecS proposers shall procure and maintain, fOr the life of the contr,IIct, Commercial General Liability Insurance. This policy shall provIde (:overage for death, bodily injury, personal InJury, products and completed operations Iiabmty and property damilge that could arise directly or Indirec:t\y from the perfo,.mance 0' the contract. It must be an occurrence form policy. nn: SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL IMSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL UA8ILITY INSURANCE. The minimum Iilnlt, of coveralle shall be $1,000,000 per oc:currence, Com bill ed, Single Limit for Bodily Injury Uablllty ilnd Property Damage Liability. C. BUSINESS AUTOMOBILE LIABILITY: Award...:! proposers shall procure and mllinhin, for the life of the contract, Business Automobile Uability Insurance. THE SCHOOL BOARD OF PALM BEACtI COUNTY SHALL BE NAMED AS AM ADDITIONAL INSURED ON THE CERTIfICATE FOR BUSINESS AUTOMOBILE UABILrTY INSURANCE. The minimum limits of coverage shall be $1,000,000 pe.. occurrence, Combined Single Limit for Bodily Injury L1.blllty and Property Damage Liability. This coverage shall be an "Any Auto" form policy. The insuran~e must be an occurrence form policy. In the event the awarded proposer does not own any vehicles, the District will accept hired and non-owned coverage in the amounts listed above. In addition, tbe District will require an affidavit signed by the awuded proposer indicating the following: (Company Name) does not own any vehicles. In the event the company acquires any vehicles throu'llhoutthe term of the contract,. {Company Name) il'llrees to purchase "Any A\lto" coverage as of the date of acquisition, The awarded proposer must comply with the minimum provisions of Florida Stilte Statute 324 regarding Motor Vehicle Insurance Requi..ements. D. The awuded proposer must have Contracto..s Pollution Uabllity insurance with minimum policy limits of $1,000,000. THIS SHOULD BE AN OCCURRENCE FORM POUCY AND THI: SCHOOL BOARD OF PALM BEACH COUlilY SHOULD BE NAMI:D AS AN ADDITIONAL INSURED. Please acknowledge receipt of this addendum with your signature and return with your RFP. Failure to return will result in rejection of yotor RFp. . Added on MilY 4, 2009: ADDENDUM 2; I Ma~' 22. 2009 2:13.02 PM EDT p. :> - 176 - School O<smcl nl Palm Beach Calmly FI Bid Ogc.016K This addendum modifies this RFP as follows: ADD TO DESCRIPTION: Upload your proposi!ll using the Attachment option (Uploi!ld Att:itchment) Plene call BidSync support 1.800.990.9339 ext 1 for assistance. Added on May 15, 2009: ADDENDUM 3: This i!lddendum modifies this RFP i!lS follows: Now Reads: Conditions and Specifications, Section 18.0 18.0 PAYMENT AND PERFORMANCE BOND: 18.1 The successful bidder shall furnish a surety bond as security for faithful performi!lnce of the order(s) awan:led as a result of thill bid, and fo... the payment of all persons perfo...mlng li!lbor, and on thel... furnishing materials in connection therewith. Surety of such bond shall be In an amount &qual to the bid. The Attorney-In-Fact who signs the bond must file with the bond a certifrcate and effective dated copy of power of attorney. Bonding .company must appear on U.S. Trei!lSUry list. Performan.ce and payment bond must be fOl"Warded to the Director of Purchasing within 15 days of notification of award of this contract. 1f this bond is not received said bid will be subjett to cancellation. 18.2 To ensure maximum participation, all MjWBEs and small firms in accor"dance with F.S. 255.05 will be allowed a bond waiver on construction p...ojec15 up to $200,000. Prequalifications fo r contractors 0 n School DI strict cont...acts a nd services will be requi...ed at $200,000 inste.ad of $50,000. lB.3 F.S. 288.703 - ~Small business" means an Independently owned and ope...ated business concern whict! employs 25 or fewer permanent full-time employees, and which has a net worth of not mo...e than $1 mil II 011, net worth requirement $hall include both pel'$Onal ..nd busilless inv4'l5l:ments. Change to Read: Condition$ and 5~cirlcatlons, Section 18.0 D:ELETE SECTION 18.0 IN ITS ENTIRITY Please acknowledge receipt ofthls addendum with your signature and ...eturn with YDur RFP. Failu.-e to return will result in rejection of your RFP. . Chilnges milde on Apr 30,200910:55:20 AM EDT New Documenls RFP 09C-018K Addendum 1.doc Changes made on May 4, 2009 10:21:53 AM :EDT Changes Were made to the following items: Changes made on May 15, 2009 3:22:28 PM EDT New Documents RFP 09C-018K Addendum 3.doc Item Response Form I Maj' 22. 2M 2:13:02 PM EDT p 4 - 177 - S~two~ Oi$\ril;l nf Palm Beach Coun\~ F~ BH;I 09C.!WIK Item 09C-018K-1-01 - . Quantity 1 e;iII:h Prices a re not requ esteo ror th is item. Dell ve ry Location School District of P;!lm Beach County FI Va riou s Locatio ns for ttu~ Dislri ct Palm Bea c:h Cou nty School District West Palm Beach FL 33406 Qty 1 Description Added on May 4,2009: Upload your proposal using the Attachment option (LJpload Attachment) Please ca II Bid Sync: su pport 1.80Q.9g0.9339 ext 1 for assistance. Changes made on May 4, 2009 10:21:53 AM EnT l 'f,ay 22_ 2009 2:13"02 PM EDT p.5 - 178 - School District of Palm Beecl1 C<:luntj Fl Bill 09C-Gl&K SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT REQUEST FOR PROPOSAL (RFP) REQUIRED RESPONSE FORM Oee-01 BK DA TE: April 24, 2009 TinE: RFP FOR PETROLEUM, TANKS AND EtlVIRONMENTAL SERVICES This proposal must be submitted to BidSync for the School District of Palm Beach County, Purchasing Department, no later than 2.:00 PM on May 22, 2009. Proposals are due and wm be opened at this time. Anti -Collusion Statement I Pu blic Domai n I, the undersign&d propoSElr have not divulged, discussed, or compared this proposal with any other proposer .md have not colluded with any ott1er proposer in the preparation of this proposal In order to ga~n an unfaIr advantage In th~ aWllrd of this proposal. I acknowledge that all information contained hereTn Is part of the public domain as defln&d in the Public Records Act, ChaDter 119, F.S. F':tQposal Certification l!lereby certify that I am nbmittlng tile following information as my company's proposal and understand that by virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM. I further certify full, complete and unconditional acceptance of the contents of this Request for Proposal, and all appendices and the conlenlB of any Addendum re~eased hereto. Proposal must be signed by an officer or employee baYing authority to legally bind the proposer. PROPOSER (f1nn name): I STREET ADDRESS: I .---.-.- . - - ---.. CITY & STATE: \ ELECTRONIC SIGNATIJRE OF AUTHORIZED I REPRESENTATIVE: TITLE: I DATE: I CONTACT PERSON: I CONTACT PERSON'S ADDRESS: I TELEPHONE: I FAX: I TOLL I FREE: E-MAIL ADDRESS: I INTERNET URL: I PROPOSER TAXPAYER IDENTIFICATION HUMBER: I M"~ 22. 2009 2: 1 302 PM EOT p.6 - 179 - School Dislrlc\ of Palm BeaCh CounW FI BidG9C-<l1aK TllE SCHOOl OISTRICT SW-ROO SWAN ARTIIJR C. JOHNSOt>l. PhD. OF fA.1!. BEACH COONTY. R.ORI)A ilIRECTtJR Slll'ERlNTENOf~ Of SC~OCtS furthasilg Deprtnenl 3300 Filrest H111901M~, SuI~A~l Wesl Palm Baach, Fl 33A00-68U Phone: (561 J ~216 FIlX: (581) 963-31123 ~ell!:!L.U2Jl,\ItI1l1llt April 30, 2009 - ADDENDUM NO.: 1 REQUEST FOR PROPOSAL NO.: 09C-018K TITLE: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES RETURN DATi;: MAY 22, 2009, 2~00 P.M. EST This addendum modifies the above listed RFP as follows: Section 24.4 Now Reads: The awarded proposers shall provide complete copies of any insurance policy for required coverage within seven days of the date of request by the Purchasing Department but in any (espect alleast 30 days prior to the commencement of any term. For all contracts with an amount of $500,000 or more the actual INSURANCE POLICY must be included with the Certificate of Insurance. A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida Statutes, Workers' Compensation ami Employees' Liability Insurance with minimum statutory limits. B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and malntain, for Ihe life of the contract, Commercial General liability Insurance. This policy shall provide coverage for death, bodily injury, personal injury, products and completed operations liability and property damage 1hat cou[d arise directly or [ndirecUy from the performance of the contract. 11 must be an occurrence form policy. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDlTIONAL INSURED ON THE CERTIFICATE fOR COMMERC~AL GENERAL LIABILITY INSURANCE. The minimum limits of coverage shall be $1,OOQ,OOO per occurrence, Combined, Single Lim)t for Bodily Injury liability and Property Damage Liability. C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain, for the life of the contract, Business Automobite Liability Insurance. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE. May n 200S 2:1302 PM EDT P 7 - 180 - Sl;tJoo~ District 01 Palm Beach Counl~ F~ Bfd 09C-OISK The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single Limil for Bodily Injury Liability and Properly Damage Liability. This coverage soaU be an "Any Au1o" farm policy. The insurance must be an occurrence form policy, In the event the awarded proposer does nol own any vehicles, toe District will accept hired and non-owned coverage in the amounts ~Isted above. ~n addition, the District will require an affidavit signed by the awarded proposer indicating the following: (Company Name) does not own any vehicles. In the event the company acquires any vehicles throughout the term of the contract, (Company Name) agrees 10 purchase "Any Auto" coverage as of the date of acquisition. Section 24.4 Change to Read: The awarded proposers shall provide complete cop1es of any Insurance policy tor required cOllerage within seven days of the date of request by the Purchasirlg Department but in any respect at least 30 days prior to the commencement of any term. For all contracts with an amount of $500,000 or more the actual INSURANCE POLICY must be included with the Cert~ficate of Insurance. A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida Statutes, Workers' Comperlsation and Employees' Liability Insurance with minimum statutory limits. B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure arld malntaln, for the life of the contract, Commercial General LiabiUly Insurance. This policy shaH provide covefage for death, bodily injury, personal irljury, products and completed operations liability and property damage thai could arise directly or indirectly from the performance of the contract. 1t must be an occurrence form po1i[;)'. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFiCATE FOR COMMERCIAL GENERAL LIABILITY INSURANCE. The minimum limits of coverage shal1 be $1,000,000 pef occurrence, Combined, Single Limit for Bodily Injury Liabi'i1y and Property Damage liability. C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain, for toe life of the contracl, 8usiness Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH COU NTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIF1CATE FOR BUSINESS AUTOMOBILE UABILlTY INSURANCE. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single limit for Bodily Injury Liability and Property Damage Liabillty. This coverage shall be an "Any Auto" form policy, The insurance must be an occurrence form policy. In the event the awardee! proposer does not own any vehides, the Distlic! will accept hired and non-owned coverage in the amounts Hsted above. In addition, the District will require an affidavit signed by tl1e awarded proposer im:Hcating the following~ (Company Name) does not own any vehic1es. In the event the compar;y acquires any vehicles throughout the term of the conlfact, {Company Name) agrees to purcoase "Any Auto" coverage as of the date of I acquisition. r.,lay 22, 2009 2:1:>:ll2 PM EDT p.8 - 181 - SeMol District 0' Palm Bead1 Counl~ FI Bid 09C -o18K The awarded proposer must comply with the minimum provisions of Florida State Statute 324 regarding Motor Vehicle [nsurance Requirements. D. The awarded proposer must have Contractors Pollution liabIlity insurance with minimum policy Hmits of $1,000,000. TH~S SHOULD BE AN OCCURRENCE FORM POLICY AND THE SCHOOL BOARD OF PALM BEACH COUNTY SHOULD BE NAMED AS AN ADDITIONAL INSURED. Please acknowledge receipt of this addendum with your signature and relurn with your RFP. Failure to return will result in rejection of your RFP. BIDDER: I By:1 _! TITL E: L _ _ . _____ _ __ ___ _~.. _._. .. _ .'.H _ DATE: I Jan Butts, Purchasing Agent Gene~1 McMann, Purchasing Manager ~ May 22. 2frCB 2:13:02 PM EDT i> 9 - 182 - SeMol Dis\rict DI Palm Bearn COllnty Fb E>i;j 09C.018 t< SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT 3300 Forest Kill Boulevard, Suite A-323 West Palm Beach, FL 334GS-5813 (561) 434-8216 - Main Phone (5-61) 963-3823 - Fax May 15, 2009 ADDENDUM NO.: 3 REQUEST FOR PROPOSAL NO.: 09C-Q18K TITLE: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES RETURN DATE: MAY 22,2009.2:00 P.M. EST This addendum modifies the above listed RFP as follows: Now Reads: Conditions and Specifications, Section 18.0 lS.OJA YMENT AND PERFORMANCE BOND: 1&.1 The successful bidder shall furnish a sorety bond as security for faithful performance of the order( s) awarded as a result of this bid, and for the payment of all persons performing labor, and on their furnishing materials in connection therewith. Surety of such bond shall be in an amount equal 10 the bid. The Anomey-in-fact who signs the bond must file with the bond a certifkate and effective dated copy of power of attorney. Bonding company must appear on U.S. Treasury list. Performance and payment bond must be forwarded to the Director of Purctasing within 15 days of notification of award of this contract. I f this bond is not rece ived said bi d will be subject to cance Ilation. 18.2 To ensure maximum participation, all MJWBEs and small firms in accordance with F.S. 255.05 will be allowed a bond waiver on construction projects up to $200,000. Prequalifications fO! con1ractors on School District contracts and services will be required at $200,000 instead of$5Q,OOO. 18.3 F.S. 2a&.703 - "Small business" means an independently owned and operated business concern which employs 25 or fewer permanent full-1ime emploj'ees, and which has a net worth of not more tban $1 million, net worth requirement shall include both personal and bus iness investrne nls. - Change to Read: Conditions and Specifications, Section 18.0 DELETE SECTION 18.0 IN ITS ENTIRITY Please acknowledge receipt of this addendum with your slgnature a~d return with your RFP, Failure to return will result in rejection of your RFP. , By \tirtue of signing the Request for Proposal, bidder agrees to this addendum. BIDDER: I I May 22, 2009 2: 13 :02 PM EDT p 10 - 183 - &hool Oi.tritt 'Of Palm Beach Count~ FI Bid 09C-O laK By:1 TITLE: I DATE: I Jan Butts, Purchasing Agent Genell McMann, Purchasing Director 'Aay 22. 2009 2:13:02 PM EDT ft,",1 - 184 - Schllo~ Oislricl (If Palm Bea ch Counl~ FI Bid 09G-013K SCHOOL BOARD OF PALM BEACH COUNTY REQUEST FOR PROPOSAL 09C-018K FOR PETROLEUM, TANKS AND ENVIRONMENTAL SERVICES 1.0 INTRODUCTION 1.1 This is a Request for Proposal (RFP) for Petroleum, Tanl<s and Environmental SelVices to The Schoo' Board of Palm Beach County, Fjorida (tne Board), the governing body for Ihe Schoo! District of Palm Beach County, Florida (tne District). These selVices wm include, but not be limited to, storage 18nl< removal, replacement, installat~on, fuel deliveries and transfers, waste disposal, hydraul~c lifts, boiler systems, etc. 1.2 All terms and conditions of this RFP, any addenda, proposer's submissions and negotiated terms, are incorporated into the contract by reference, as set fortn herein. 1.3 Document files may be examined, during normal working hours, ten days after proposa1s have been opened. 2.0 INSTRUCTIONS TO PROPOSER 2.1 All proposals must be received no later than 2:00 PM, on May 22, 2009. Proposals must be transmil1ed electronically to BidSync at www.bidsvnc.com . 2.2 BidSync will not allow Proposals to be submitted after the closing date and time. Hard copy proposals will not be accepted. 2.3 AI! proposals must be signed electronically by an officer or employee having authority to legany bind the Proposer(s). 2.4 Proposer should become familiar with any local conditions which may, in any manner, affect the selVices required. The proposer(s) is/are required to carefulty examine tne RFP terms and become thorough'y famHiar with any and all condiliol1s and requirements that may in any manner affect the work to be pertormed under the contmct. No additional aHowance will be made due to lack of knowledge of these conditions. 2.5 Proposals not conforming to the instruct~ons provided herein will be subject to disqualification at the sole option of the Board. 2.6 Any proposal may be withdrawn prior to the date and lime the proposals are due, Any proposal not withdrawn will constitute an irrevocable offer, for a period of 120 days, to provide the District with the selVices specified in the proposal. 3.0 TIME SCHEDULE 3.1 The District will attempt to use the following time schedule which will result in selection of a proposer( s). May 6, 2009 Pre proposal Conference (attendance is strongly encouraged) May 13, 2009 Deadline for submission of question on Bidsync at 5:00 PM. May 22,2009 Proposals due no later than 2:00 PM EST. Ma~ 22. 2009 2: 1 J:02 PM 1:01 p12 - 185 - Sdlool Disl1ic;l of P"lm Beam C(lUrlty Fl Bid 09C~18K June 3, 2009 *Evaluation Committee Meeting June 5,2009 Posting of Recommendation. July 15, 2009 * Recommend proposer{s) to The School Board of Palm Beach County for approval. * This is an open, pub~ic meeting, 3,2 Notification of any changes to the time schedule will be made 10 proposers through BidSync. 3.3 Response to inquiries regarding 1he status of a proposal must not be made prior 10 the posting of award recommendation. 4.0 AWARD 4.1 The Board reserves the right to accept or reject any or all proposals. 4,2, The Board, through is designee(s}, reserves the right to waive any [rregularitles arld technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposa~s. 4.3 The Board, through is designee(s), reserves the right, before award~ng the contract, 10 require proposer(s) to submit evidence of qualifications or any olher information the Board may deem necessary. 4.4 The Board, through its designee(s}, reserves Ihe right, pr~or to Ihe Board's approval, to cancel the RFP or portions tI1ereof, without penalty. 4.5 The Board, through its deslgnee(s), reserves the right to: (1) accept the proposals of any or aH ofthe items it deems, al its sole discretion, to be in the best interest ofthe Distr~ct; and (2) reject any and/or all items proposed or award to multiple proposers. 4.6 The proposal with the highest number of points wi~1 be ranked first; however, nothing herein will prevent the Board from making multiple awards and deeming all proposals responsive, arld assigning worK to any firm deemed responsive. 4.7 The Board, through its designee(s), reserves the right to further nego1iate any proposal, including price, with the highest rated proposer. If an agreement cannot be reached with Ihe highest rated proposer, the District reserves the right to negotiate and recommend award to the next highest rated proposer or subsequent proposers until an agreement is reached. 5.0 TERM OF CONTRACT J RENEWAL 5.1 The term of the contract shall be for three years from the date of award, and may, by mutual agreement between the Board and Ihe contract awarded proposer(s), be renewable for one additional two-year period the Board, through the Purchasing Department, will, if considering renewing, request a letter ot intent to renew from the contract awarded proposer(s) prior to the end of the current contract period. If needed, the contract will be extended 90 days beyond Ihe contract expiratlon date. The contract awarded propaser{s) w~1I be notified when the Board has acted upon Ihe recommendation. All prices shaH be firm for the term of this contract. The contract awarded proposer(s) agrees to this condition by signing its proposal. I May 22, :ZOW213G2 PM EDT p. n - 186 - School District of Palm B~ach Coul1l~ Fl Bi:l 09C .01 8K 6.0 RFP INQUIRIES 6.1 Any questions concerning conditions and specifications must be submltted on BidSync no la1er than 5:00 p.m. EST, May 13, 2009. Questions received in writinq bv the t~me and date specified wlll be answered on BidSvnc. Jan Butts is authorized only to direct the attention of prospective proposers to various portions of the RFP so that they may read and interpret such for themselves. Neither Jan 8ul:ls nor any employee of the District is authorized to interpret any portlon of this RFP or give information as to the requirements of the RFP in addition to thai contained in the wrttten documents. 6.2 If necessary, an addendum will be distributed by BidSync to all who are known by the Purchasing Department to have received a complete set of proposal documents. 6.3 Copies of addendum win be made available for inspection at the District's Purchasing Department where proposal documents will be kept on file. 6.4 No addendum will be issued later than three calendar days prior to the date for receipt of proposals except an addendum withdrawing the request for proposals or one which includes postponement of the dale for receipt of proposals. 6.5 No verbal or written information which is obtained other than by information in this RFP, or by addendum to this RFP, or by negotiated terms will be binding on the Board. 7.0 BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT 7.1 The Board is requesting this aff~davit to include a list of every .person" (as defined iro Section 1.01 (3), Florida Statutes, to indude indivkluars, chi~dren, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, symHca1es, fiduciaries, corporations and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity. The affidavit must be returned to the Purchasing Department with the RFP or within three days of request To submit thiS document, you must print, complete, notarized and re-uploaded it to BidSync. This form is loca1ed a1 the end of this document. B.il LOBBYING 8.1 Proposers are hereby advised: that lobbying is not permitted with any District personnel or Board members related to or involved with this RFP until the administration's recommendation for award has been posted at the Purchasing Department reception center. All oral Of written inquiries must be directed through the Purchasing Department. 8.2 lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board member or District personne~ after advertisement of the RFP and prior to tne posted recommendation on the award of the contract. 8.3 Any proposer who is adversely affected by the recommende<l award may file a protest within the time prescribed in section 120.57(3), Florida statutes, Fallure to post bond with the Soard or to adhere strictiy to the requirements of statutes and State Board of Education rules pertaining to protests wiH resu~ in summary dismissal by the Purchasing Department. Additlonaliy, any proposer who is adversely affected by the recommended award may address the Board at a r89ularly scheduled 80ard meeting. ~ 84 Any proposer or any individuals that tabby on behalf of proposer during the time specified wll1 result in rejection' disqualification of said proposal, May 22. 2009 2:1 ;}:02 PM EDT P 14 - 187 - Smool ();,met (If Palm Beact1 Counly FI Ilid Cl9C-Q18K 9,0 PRE-PROPOSAL CONFERENCE 9.1 A pre.proposal conference will be held at Ihe Schoo' District of Palm Beach County, 3300 Forest Hill Boulevard, West Palm Beach, Florida, Conference Room Thurber C, First Floor, on May 6, 2009 at 2:00 p.m. A~I prospective proposers should attend said pre-proposal conference. 9.2 Bring all pre.prepared questions in writfng. Compose )lour questions on paper, ask your questions at tile pre-proposal conference and give the facilitator the written copy of your questions. Please write each quest[on that you will ask on a separate piece of paper showing the RFP page number to which the question refers. After you ask your questions, the pre- proposal conference facilitator wi~1 collect your written copy of the questions asked. Submitting your questions in writing will assist in the preparation of an addendum, if needed, and wiH elijminate any confusion in understanding your questions. 10.0 SCOPE OF SER~CES 10.1 This is a Request for Proposal (RFP) for Petroleum, Tariks and Environmental Services to the School Orstr[ct of Palm Beach County, Florida (the District). These services wm include, but not be limited to, storage tank remova~, replacement, installation, fuel deliveries and trarisfers, waste disposal, hydraullc systems, boiler systems, etc. 11.0 EVALUATION COMMITTEE MEETINGS 11.1 As stated in Section 3.1 and Section '14.0 the Evaluation Committee will be convened to review and evaluate responsive proposals, for the purposes of making a decision as to an intended award. Per seclion 286.011, Florida Statutes, tile Evaluation Committee meeting is open to the public. Notification of the Evaluation Commfttee's decision wlll also be posted for review by interested parties at the Schoo' Distr[ct Purchasing Department, 3300 Forest Hill Bou!evard, Suite A-323, West Palm Beach, FL 33406. 12.n PREPARATION AND SUBMISSION 12.1 P~ease note that BidSync will not allow a proposal to be submitted until all attacnments have been reviewed (some reqUiring comptetionl on BidSync.com. 12.2 In order to maintain comparability and enhance the review process, It is requested that proposals be organfzed in the manner specified below. Please upload your proposal in one Document. lriclude all responses to the questions in your [nformation. It is reQuired that your information be uploaded to BidSvnc. Please contact BidSync at 800-990-9339 if YOll require assistance with document upload. 12.3 Title Pace: Show the date~ RFP number; RFP subject; and proposer's name, address, telepllone number and email address. 12.4 Table of Contents: Include a clear identification of the materia' b)l seclion and by page number. '12.5 Letter of Transmittal: Give tile names of the persons who will be authorized to mal<e representations for the proposer and their titles, addresses. and te~ephone numbers. 12.6 ReQuest for Proposal: Complete the Required Response Form (page 1 of RFP) with an required informatlon comple1ed and all signatures as specified. I '.Ioy n 2000 2:13:02 PM EDT p.15 - 188 - School District of Palm B<Jach Cou nly F~ Bid OOC-l)18K 12.7 Experience and Qualifications of the Firm~ The firm must hold and must pwvide with this response a copy of current Pollulant Storage Specia1ty Contractor I~cense from the Florida Department of Professional Regulation. State the experience your firm has had in the 'ast three years speclflcally in petroleum related services. 12.8 Qualifications of Staff: Give the names of individuals who will be assigned to the contract, if awarded to proposer, and include their resumes and expand on their experience in the area they will be serving. 12.9 Firm's Location and ResDonse Time: Geographical location of the firm and field staff will be considered as to how it related to response Ume. 12.10 Capabilities of Firm~ The District is interested in contracting with firms capable of providing ali petroleum related services that may be required. These services will include storage tan\( removal, replacement, installation, fuel deliveries and transfers, disposal, and other related duties. This will be considered during the evaiuaUon process. 12.11 Quality of Site Safety Plan: All proposals shail include a written site safety plan which may be generic in nature. 12.12 Cost of Services~ The fees listed in this proposal document shall remain fixed ror the term of the contract. 12.13 MinoritvlWomen Business PartiCipation: Proposers are to indicate the extent and natura of the MIWBE's scope of work with specificity as it relates to the services described in the RFP. Proposers shall provide certification w~h the District, or the State of Florida, Office of Supplier Diversity, or its successors. Proposers that are District, or Stata of Florida Office of Supplier Diversity, or it successors certified minority or women business enterprises, at the time of submittal, will be awarded a maximum of ten points. Maximum points wHI be awarded for 15% or greater minority participa1ion. Points will be pro-rated for tess than 15% minority participation. Proposers that do not meet the aoove requirement may sub-conlract minority business participaUon in accordance with Section 33.0 and receive participation points Points for utilization of certified MIWBE subcontractors shall De assigned as follows: 15% and over 10 points 9% - 14% 8 points 4% - 8% 6 points 1% - 3% 4 points 0% o points 12.14 Insurance.. Provide proof of contract awarded proposer(s) insurance as required in Section 24.0 of this RFP or submit a letter of contract awarded proposer(s) intention to have the required insurance within ten days of notification by tl1e District 13.0 PROPOSAL EVALUATION PROCESS: 13.1 RFPs are received and publicly opened. Only names of responders will be read at this time. 13.2 An Evaluation Committee, consisting of District personnel, will convene, review and discuss ail proposals submitted. Purchasing personnel wHI participate in an advisory capacity only. I r"ay . 2. 2009 21 ;}:~2 PM EDT p.16 - 189 - School Oi,melof P aim Seach CCltln!y FI Bid OOC-D13K 13,3 The Eva1uation Committee will assign po~nts in the evaluation and recommendation process in accordance with the evaluation criteria Iiste<! in Evaluation Criteria, Section 14.0, and rank all proposals according Iy . 13.4 The Evaluation Committee reserves the r[ght to intervlew any personnel who may administer and be assigned to work on the contract before recommendation of award, This interview is 10 be based upon tne written proposal received. 13.5 The Evaluation Committee or its designees reserve the right to negotiate further terms and conditions, including price with the highest ranked proposer. If a mutual~ beneficial agreement with tne first ranked proposer or all proposers being considered for award cannol be resoived, the Evaluation Commtttee reserves the right to enter into negotia1ions with the next highest ranked proposer and continue this process until an agreement is reached with the number of programs required to meet the needs of the District. 13.0 The results of the E\/aluatlon Committee's evaluation and ranking is reviewed and approved by the Department Director and the Purchasing Director prior to posting the recommendation, 13.7 The Purchasing Department will prepare and submit an agenda item to the District's Superintendent of Schools. 13.8 The Superintendent wlll recommend to the Board, the award or rejection of any andlor all p roposal( s). 13,9 The Board will award or reject any or all proposal(s). 14.0 EVALUATION CRITERIA The Evaluation Committee shall rank all proposa1s received, whijch meet the submittal requirements, in order 10 establish a pool of quallfied vendors. At a minimum, three (3) proposals recelving top scores by the Evaluation Committee will be recommended for award, MAXIMUM POINTS A EXDerience and Qualifications of the firm 15 B. Qualifications of Proposer's Staff 10 C, Firm's Location and ResDonse Time 10 O. CaDabilities 25 E, Quality of Site Safety Plan 5 F. Cost of Services 25 G, MinoritvlWomen Business Participation 10 T01al 100 May 22. 20W 2:13:~n PM EDT ~ 17 - 190 - ScI100l District of PaEm B~acl1 Cou~ty Fi Bid 09C -0 16K 15.0 CANCELLATION OF AWARDITERM1NA TlON 15.1 In the event any of the provisions of the contract are violated by the awarded vendor. the Superintendent or his designee will give written notice to the vendor(s) stat~ng the deficiencies, and un'ess the deficiencies are corrected within ten (10) days, recommendation will be made to the Board for immedlate cancellation. Upon cancellallon hereunder, the Board may pursue any and al~ legal remedies as provided herein and by law. In the event that it is subsequently determined that a cancellation under this paragraph was incorrect, the termination shaH be converted to a termination for convenience pursuant to the next paragraph. 15.2 The Bcam, reserves the right to terminate any contract resu"ing from this RFP, at any time and for no reason, upon giving 30 days prior written notice to the other party. 'f said contract should be terminated for convenience as provide<! hereln, the Board will be relieved of al1 obligations under said contract The District will only be required to pay to the awarded vendor(s) 111at amount of the contract actually performed 10 the date oftermination. 15.3 The contract awarde<! responder(s) will have the option to terminate the contract upon written notice to the Director of Purchasing. Such notice must be received at least 90 days prior to the effective date of termination. 15.4 Cancellation of contract by contract awarded responder(s) may result in removal from proposer list for a period of three years. 16.0 FUNDING OUT, TERMINATION. CANCELLATION 16.1 Florida School Laws prohibit the Board from creating ob~igations on anticipation of budgeted revenues from one fiscal year to another without year-te-year extension pmvisions in the contracts. 16.2 It is necessary that fiscal funding out prOVisions be included in all RFPs in which the terms are for periods of longer than one year. 16.3 Therefore, the following funding out provislons are an integral part of this RFP and must be agreed to by all proposers: The Board may, during the contract period, terminate or discontinue the services covered ;n tI1is RFP for lack of appropriate<! funds upon the same terms and conditions as set forth in Section 15.0, Cancellation of AwardfTermination. Such prior written notice will state: a. That the lack of appropriated funds is the reason for termination, b. That the School Board wili not replace the services being term;nated with services similar to those covered in this RFP from another vendor in the succeeding funding period, and c. This written notification will thereafter release The School Board of Palm Beach County, Florida of all further obligations in anyway retated to such services and equipment covered herein. 16.4 ThiS completed statement must be included as part of any contract with the succe5sfu~ proposer. No contract will be considered that does not include this provision for "funding out". I Ma)' 22, Zoog Z: 13:02 PM EDT p.18 - 191 - Sc:IKJo~ District of Palm Beach Counly FI Bid 09 C-O 18K 17.0 DEFAULT 17.1 In the event that the awarded proposer(s) should bread1 tile contract, tl1e Board reselV~ tl1e right to seek remedies in law andlor in equlty. 18.0 PAYMENT AND PERFORMANCE BOND: 181 The successful bidder shalj furn[sh a surety bond as security for faithful performance of the order(s) awarded as a result of this bid, and for the payment of all persons performing labor, and on their furnishing materials in connectijon therewith. Surety of such bond shall be in an amount equal to the bid. The Attorney-in-Fact who signs tile bond must file with the bond a certificate and effective dated copy of power of attorney. Bonding company must appear on U.S. Treasury list. Performance and payment bond must be forwarded to the Director of Purchasing within 15 days of notilication of award of tIlis contract. if this bond is not received said bid will be subject to cancellation. 18.2 To ensure maximum participation, all MIWBEs and small firms in accordance with F.S. 255.05 wi~1 be allowed a bond waiver on construction projects up to $200,000. Prequalifications for contractors on School District contracts and services will be required at $200,000 instead of $50,000. 18.3 F.S. 288.703 - "Small business" means an independently owned and operated business concern which employs 25 or fewer permanent full-time employees, and which has a net worth of not more than $1 million, net worth requirement shall include both personal and business investments. 19.0 DEBARMENT 19.1 The Board shall have the authority to debar a person I corporation for cause for consideration or award of future contracts. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed tl1ree (3) years. When the offense is wmful or blatant, a longer term of debarment may be imposed, up to an ~ndefinite period. 20.D ANTI-DISCRIMINATION 20.1 The Proposer certifies that they are ~n compliance with the non-discrimina1ion clause contained in Section 202, Executive Order 11246, as amendei:l by Executlve Order 11375 relative to equal employment opportunity for all persons withou1 regard to race, color, religion, sex or national origin. The provislons of the ADA Act of 1990 pertaining to employment shaH also be applicable. I ',la'j 22. 2009 2: 13: 02 PM EDT ~ 19 - 192 - &M001 District of Palm 6eaCh CO)"nl~ FI Bid 09C.018K 20.2 The Proposer shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age or disabi1lty in the solicitation, selection, hiring, or treatment of sub-contractors, verldors, suppliers, or commercial customers, The Proposer shall provide equal opportunity for sub-contractors to participale in a~1 of its public sector and private sector sub-contracting opportunities, provided tnal nothing contained in this clause shall prohibit or limit 01hel1Nise ~awful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as Il10se specified in Ihe Palm Beach County Scnoo! Board Policy 6.143, The Proposer understands and agrees Ihat violation of this clause is a material breach of the contract and may result in contract determinalion, debarment, or 01her sanct~ons. 21.0 LEGAL REQUIREMENTS 2.1.1 It shall be the responsibility of the proposer to be knowledgeab~ of aH federal, state, county and local laws, ordinances, rules and regulations and Board Policies that In any manner affect the items covered herein. Specifically, proposer(s) is to adhere to Board Po1icies ~ and ~, with respect 10 any criminal arrests and convictions, and is on notice that aFiy employees falling the employee screening under Chapter 435, Florida Statutes, are precluded from providing services to the District and must be replaced. The proposer's failure to comply may result in the immediate terminat~on of the con1ract at tne sole discretion of the Board, Lack of knowledge by the proposer(s) will in no way constitute cause for relief from responsibility. 22.0 FEDERAL AND STATE TAX 22.1 The Distr~ct is exempt from federal and state taxes for tangible personal property, The Purchasing Department Coordinator will sign an exemp1iori certificate submitted by the successful proposer(s). Proposer(s) doing business with the Dis1ricl wi~1 not be exempted from paying sales tax to their suppliers for ma1er~als to fulfill contractua~ obligations with the District, nor wlll any proposer be authorized to use the District's Tax Exemption Number in securing such ma1erials. 23.0 CONFLICT OF INTEREST 23.1 All proposers must disclose the name of any officer, director, or agent who Is also an employee of the District. All proposers must disclose the name of any District employee who owns, direc11y or indirectly, any interest in the proposers' business or any of its branches. 24.0 INSURANCE REQUIREMENTS 24.1 Proof of ~nsurance must be furnished by Ihe awarded proposers to Ihe District by Certificate of Insurance. AI' Insurarlce must be issued by a company or companies approved by tne Board, 24,2 Origirlal Certificates of Insurance meeting the specific required prov~sion specified within this RFP shall be forwarded to (he District's Purchasing Department, ATTN: Jan Butts, Purchasing Agent, and approved prior to the start of any work or the possession of any school property. Renewal certificates must be forwarde-cl 10 the same department prior to the policy renewal date. 24.3 Thirty days written notice must be prov~ded to the District via certified mail in the event of cancellation of insurance. The notice of cancellation must be sent to the Purchasing Department, M81 22. 2009 213:02 PM EDT 1'. :<0 - 193 - School Ois1rict of Palm Beectl C<lunly Fl BiIJ 09C-01aK 24,4 The awarded proposers shaH provide complete copies of any insurance policy for required coverage within seven days of the date of request by the Purchasing Department but in a~y respect at least 30 days prior to the commencement of any term. For all contracts with an amount of $500,000 or more the actual INSURANCE POLICY must be included with tt1e Certificate of Insurance. A. WORKERS' COMPENSATION: Proposer(sj must comply with Section 440, Florida Statutes, Workers' Compensation and Employees' Liability Insurance with minimum statutory limiffi. 8. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain, for the life of the contract, Commercial General Liability Insurance. This policy shall provide coverage for death, bodily injury, personal injury, products and comp~eted operations liability and property damage that could arise directly or indirectly from the performance of the contract it must be an occurrence form poHcy. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE fOR COMMERCIAL GENERAL LIABILITY INSURANCE. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single limit for Bodily Injury Liability and Property Damage Liability. C. BUSINESS AUTOMOBLLE LIABILITY: Awarded proposers shall procure and mainta[n, for the life of the contract. Business Automobile liability Insurance. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICA TE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE. The minimum Iimlts of coverage sha~1 be $1,000,000 per occurrence, Combined Single Llm~t for Bodi~y Injury Liability and Property Damage Uabillty. This coverage sha1i be an "Any Auto" form policy. The insurance must be an occurrence form policy, In the event the awarded proposer does not own any vehicles, the District wi~1 accept hired and non-owned coverage in the amounts listed above. In addition, the District will require an affidavil signed by the awarded proposer Indicat~ng the following: (Company Name) does not own any vehlcles. In the event the company acquires any vehides throughout the term of the contract, (Company Name) agrees to purchase "Any Auto" coverage as of the date of acquisition. 25.0 INDEMNIFICA nON J HOLD HARMLESS AGREEMEMT 25.1 Awarded proposers shalt, in addition to any other obligation to indemnify The School Board of Palm Beach County, Florida and to the fu~lest extent permitted by law, protect, defene!, indemnify and hold harmless the School Board, its agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses (includillg economic losses), costs arising out of any actual or alleged; A, bodily injury. sickness, dfsease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arlsil'lQ out of, or daimed to have resulted in whole or in part from any actual or alleged act or omission of the awarded proposer, Contractor, subcontractor, anyone directly or indirectly employed by 81'1yof I them, of anyone for whose acts any of them may be Ilable in the performance of the work; or Ma~ 21. 2009 2: 1302 PM EDT p.21 - 194 - Schoc>1 CiMrict of Palm B€am Co"n'~ FI BP;! 09C-!)18K B. violation of law, statute, ordinance, governmental administration order, rule or regulation by Contiactor in the performance ofthe work; or C. liens, claims or actions made by tl1e awarded proposer or any subcontractor or other party performing the work. 25.2 The indemnification obligations hereunder sha~l not be limited to any limitation on the amount, type of damages, compensation or benefits payable by or tor the awarded proposer of any subcontractor under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. 25.3 This article wiH survive the termination of the contract. 26.0 PUBLIC RECORDS LAW 26.1 All proposal documents or other materials submitted by the proposer in response to this RFP will be open for inspection by any person in accord with Chapter ill, Florida Statutes. The Board may unilaterally cancel the contract for refusal by contract awarded proposer(s) to a~low public access to ail documents, paper, letters, or other maierial made OT received by the contract awarded proposer [n conjunction with the contract to tl1e extent required by Chapter 119, F~orida Statutes. The Board may terminate any contract with a responder If Ihe responder refuses 10 allow plJbnc access to documents made or receivecl from the Board unless such documents are exempt from Public Record Dlsclosure. 27.0 PERMITS AND LICENSES 27.1 The awarded proposer(s) will be responsible for obtaining any necessary permits and licenses and will comply with laws, rules, and regulations whether state or federal and with all local codes and ordinances without additional cost to the Board. 28.0 INTELLECTUAL PROPERTY RIGHTS 28.1 The awarded proposer(s) will Indemnify and hold harmless, the Board from liability of any nature or kind, including cos1s and expenses for or on account of any copyrlghted, service marked, trademarked, patented or un-patented invention, process, article or work manufactured or used in the performance of the contract, including its use by the District. If the proposer(s} uses any design, device, materials or works covered by letters, servlce mark, trademark, patent, copyright OT any other intellectual property right, it is mutua~1y agreed and understood without exception that Ihe proposal prices will include all royalties of costs arislng rrom the use or such des~n, device, or materials in any way involved in the work. This article will surv,ve the termination or any contract with the Board. 29.0 COST INCURRED IN RESPONDING 29.1 All costs d~rectly or indirectly related to proposal preparation, representation or clarification shall be the sole responsibility af and be borne by the proposer. 30.0 SUB-CONTRACTS 30.1 Nothing contained in this specification will be construed as establishing any contractual relationship between any subcontractor(s) and the Board. I Ma.,. 22. 2009 2.\3:02 PM EDT ~22 - 195 - Sd'loo~ District of Pal m Beact1 (Aunty FI ffij 09C-01 J>K 30.2 The proposer(s} will be fully responsible to the Board for the acls and omissions of Ihe 5ubcontractor(sl and their employees, 30,3 After award of contract, any changes in subcontractor or sub-proposers requires prior Soard wril1en approval. 31.0 INDULGENCE 31.1 Indulgence by the Board on any non-compliance by Ihe proposer does not cons1i1ule a waiver of any rights under this RFP. 32.0 JOINT PROPOSAL 32,1 In the event multiple proposers subm~t a joint proposal in response to the RFP, a singte proposer shall be identified as the Prime Vendor. If offering a jo~nt proposa~, Prime Vendor must ijnclude the name and address of all parties of the joint proposal, Prime Vendor shaH provide all bonding and insurance requlremenls, execute any contract, comp~ete the REQUIRED RESPONSE fORM shown herein, and have overall and complete accountability to resolve any dispute arislng out of the contract, Only a sirlgle contract with one proposer shall be acceptable. Prime Vendor responsibilities shall include, but not be ~imited to, performing of overall contract administration, preside over other proposers participating or present at District meetings, oversee preparation of reports and presentations, and filing any notice of protest and final prates! as described herein. Pr~me Vendor shall also prepare and present a consolidated invoice(s) for services performed. The D~strict shall issue only one check for each consolidated invoice to the Prime Vendor for services performed. Prime Vendor shall remain responsible for performing services associated with response to this RFP. 33.0 SUB-CONTRACTINGJMINORTTY BUSINESS PARTlCIPA nON 33:\ The Board strongly encourages the use of Minority/VIJoman owned business enterprises for participation as associates, join1-venturers, prime proposers, and subcontractor in contracting opportunities. 33.2 In order 10 receive evaluation credit for MIWBE participants, the proposer or firm(s) to be utilized by the proposer must be certified by the Olstricl or the Siate of F~orida at tl1e time thai the proposals are due. In order to ,eceijve eva1ua1ion credit for MIWBE participation, the proposal must identify the specific certified MIWBE firm or firms upon which evaluation credit [s sought, shaH indicate the extent and nature of ttle MIWBE's work, and shall ijnc1ude the percentage of the total engagement which wnl be received by the MiWBE firm in connection with the proposal. MIWBE participation In auxiliary services (e.g., graphics, printing and other services) ls acceptab~e but will only be given evaluation credit If it augmen1s the prlmary service of this RFP. ALL PROPOSERS MUST COMPLETE THE MM'BE SUBCONTRACTOR PARTICIPATION LETTER OF INTENT (FORM 1525}. See Al1achment 33.3 Inquiries regarding listings of District and State Certlfied Minority and Woman Busirless Enterprises can be made to the District's Office of Diversity in Business Practices, 3300 Forest Hill Sou levard, Suite A-1 06, West Pal m Beach, FL 33406, (561) 434-8508 or on aUf web site at htto:/lwww,palmbeach.k12.lLuslmwbe. All companies using minority or woman sub-proposers will complete the MIWBE SUBCONTRACTOR PARTICIPATION SUMMARY {FORM 152.6) - See Attachment This form must be subm[tted with all requests for payment. I I ~a1 22. 200>12.13:02 PM EOl p23 - 196 - School Dismct nf Palm Beach Count)' FI Bid 09C-018K 33.4 Minor~ty Business Enterprise (MBE) ind~cates a business entity which is owned and operated by a minority. In this instance, minority or handicapped group members are citizens of the United States or lawfu~ly admitted permanent residents who are African American, Hispanics, Women, Native Americans, Asian-Pacific, Asian-Indian, and eligible others as outlined in Administrative Order 1-18. 33.5 The Board only recognizes as acceptable for certification as m~norltylwoman bus~ness enterprises those firms, vendors, and consultants that have successfully completed the certification requirements of the State of Florida Office of Supplier Diversity or the School District of Palm Beach County Office of Diversity in Business Practices. Any pending application with the District or the State of Florida Office of Supplier Diversity shal' not be considered as certification of the vendor making appiicaUon for consideration as an MfW'aE firm. 33.6 The Distr~ct does not currently by implication or direct means have reciprocity with any governmentai or non-governmental entity, with the exception of the State of Florida OffiCe of Supplier Diversity for the purpose of sharing andfor acceptance of MIW8E vendors andfor consuUants. 33.7 The requirements to qualify for the MIWBE are to be cermied either by the State of Florida or the District. The District does not recognize any other certifications. If you have graduated from the certification of the District, 11 negates State Certlfication. Graduation (as described in Board Policy 6.143) from the Dlstdcl MIWBE Certification prog.-am shall void certification by the State of Florida. F or District certHication go 10 http://www. palmbeach. k12 .f1. uslMVl/BE website and complete tI1 e MIWBE certlftcat~n app~ication. 34.0 CONTRACTOR RFP REQUIREMENTS 34.1 As part of its proposal, proposer shall provide to the District a list of all Instances within the past ten years where a complaint was filed or pending against proposer in a legal or administrative proceeding alleging that proposer disCftminated on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disabmty against its subcontractors, vendors, suppliers, or commercial customers, and a descriptLon of the status or resolution of eacl'l such complaint, including any remedial action taken. 35,0 CONTRACT DLSCLOSURE 35.1 Upon the District's request, and upon the filing of a complaint against proposer pursuant to School 80ard Pollcy 6.144, proposer agrees to provide the District, within sixty calendar days, a truthful and complete list of tile names of all subcontractors, vendors, and suppliers thai proposer has used in the past fwe years on any of its contracts that were undertaken within Ihe DLstrict relevant geographic market as defined School Board Policy 6.143, including the total dollar amount paid by proposer for each subcontract or supply contract. Proposer agrees to fully cooperate in any investigation conducted by the District pursuant to this Policy. Proposer understands and agrees that a violation of thls clause Is a material breach of the contract and may result in contract termination, debarment, and otl1er sanctions. 36.0 THE JESSICA LUNSFORD ACT 36.1 All contractors who are permitted access on school grounds when students are present, I individuals who may have direct conlact with children or any student of the District, or who may have access to or control of schoo' funds must be fingerprinted and background checked. M<>y Z2. 2009 2.13:02 PM EDT P 24 - 197 - Sdiool Oislricl of Palm Beacl1 CQunt~ F~ Bid oec.o IBK Vendor agrees to undergo a background check and fingerprin1ing if he/she is an ind[vidual who meets any of the above conditions and to require that all ind[viduals in the organization who meet any of the conditions to submit to a Level 2 FOLE background check, and FBI screening including fingerpr[nting by the School District's Police Department, at the sole cost of Vendor. The report of the results to be Immediately transmitted to the School District's Pol;ce Department which shall be the sole determiner of clearance. Vendor shall not begin provkling services contemplated by this Agreement until Vendor receives notice of clearance by the School District and is issued School District badges. Compliance requiring ail vendors to register as a visitor before entering school property and proper display of School District badges will be strictly enforced. The School Board, nor its members, officers, employees, or agents, shall not be Hable under any legal theory for any kind of claim whatsoever for tl'1e rejection of Vendor (or discontinuation of Vendor's services) on the basis of these compHance obligations. Vendor agrees thai neither the Vendor, nor any employee, agent or represen1ative of the Vendor who has been convicted or who is currently under investigation for a crime delineated in <lection 435.04 Florida Statutes wili be employed in the performance of this contract. 37.0 DISQUALIFYING CRIMES 37.1 The proposer certifies by submtssion of this RFP, that ne;ther it nor its principals is preserltly debarred, suspended, proposed for debarment, declared inellgible or voluntarily exduded from participation in this transaction by the State of Florida or Federal Government Further, proposer certWes that it has divu'ged, in its RFP response, information regarding any of these actions or proposed actions with other governmental agencies. 37.2 A person or affiliate who has been placed on the convJc1ed vendor list following a conviction for a public entity crime may not submit a RFP on a contract to provide any goods or services to a public entity, may not submlt a RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFPs on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any publijc entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor ~isl. 37.3 The contract awarded proposer{s) or any subcontractors shaH not employ any persons with multiple felonies and I or crlmes against children. The contract awarded proposer(s) must provide documented proof of efforts to comply w~th this requirement. The Board may declare any non-comp~iance or lack of diligent effort by the contract awarded proposer{s) to comply as a breach of contract and immediately terminate the servJces of the contract awarded proposer(s}. 38.0 USE OF OTHER CONTRACTS 38.1 The District reserves the right to utilize any other District contract, any State of Florida contract, any contract awarded by any other city or county governmental agencies, any 01her school board, any other community collegefstate university system cooperative RFP agreement, or to directly negotiate/purchase per School Board policy and/or State Soard of Education Rule 6A. 1.012(6) in lieu of any offer received or award made as a result of this RFP, if it is in the best interest to do so. The District arso reserves the right to separately solicit any single order or to purchase any Item on this RFP if it is in its best interest to do so. May n 2009 2:13:02 PM EDT p.25 - 198 - School Oi;trn:l 01 Palm Beach Counti FI Bid Cl9C-{l18K 39.0 ASSIGNMENT OF CONTRACT ANDfOR PAYMENT 39.1 The proposer shall not enter into subcontracts, or assign, transfer, convey, sublet, or otherwise dispose of the ensuing contract, or any or all of its right, title or interest herein, or its power to execute such contract to any person, company, or corporation without prior written consent of the District 39.2 The proposer will be prohibited from publishing or re'easing any information related to the requested services without the prior written permission of the District. All reports and other documents resulting from the ensuing contract will remain tne sole property of the Districl. 40.0 REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY 40.1 Possession of firearms will not be tolerated in or near school buHdings, nor will violations of Federal and State laws and any applicable School Board polley regarding Drug Free Workplace be tolerated. Violations will be subject to the immediate termination provision heretofore stated in Section 21.1. 40.2 "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to< or may readily be converted to expel a projecble by tne action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun. 40.3 If any employee of an independent proposer or contractor is found to have brought a firearm in a District building, said employee will be terminated from the Board project by the Independent proposer or contractor. If the proposer fails 10 terminate said employee, the proposers contract with the Board shall be terminated. 40.4 Proposers are advised that they are responsible to ensure that no employee, agent or representative of their company who has been convicted or who is currently under investigation for a crime against children [n accordance with section 435.04, Florida Statutes< will enter onto any school site. 41.0 AGREEMENT 41.1 A purchase order and/or a contract will be released, after award, for any work 10 be performed as a result of this RFP. The proposal, response to the proposal, all attachments, any addendum released, agreement if applicable, and the corresponding purchase order will constitute the complete agreement between proposer and the Board. Should there be any conflict between the terms of the RFP, response to the RFP (proposal), and the terms of the contract (Sample Contract), the terms of the contract shall be fina' and binding and the RFP shall control where in connict with the proposal. If proposer requires an additional contract, then proposer sllould include their samp'e contract as an attachment to the proposal submitted for rev1ew. 42.0 POSTING OF RFP CONDITIONS I SPECIFICATIONS 42.1 This RFP will be posted for review by interested parties, at the Fulton Holland Educational Services Center, Purchasing Department, 3300 Forest Hill Boulevard, 31'd Floor, A-Wing, Suite A-323, West Palm Beach, FL, on the date of RFP electronic maHing and wi11 remain posted for a period of 72 hours. Failure to file a specifica1ion protest within the time prescribed in section 120.57(3), Ftorida Statutes, will constitute a waiver of proceedings under Chapter 120, Florio'a Statutes, and applicable School Board rules, regulations and policies. I M,,~ 22. 2~2,lJ:1)2 PM EDT p.26 - 199 - Schoo~ District of "aim Beach C<Ju~t~ FI Bid 0 9C-O Hl K 43.0 POSTING OF RFP RECOMMENDATION / TABULATIONS 43.1 RFP recommendations and tabulations will be posted al the Fulton HoHand Educational Services Center, Purchasing Department for review by interested parnes, at 3300 Forest Hill Boulevard, Tl1ird Floor, A-Wing Suite A-323 , West Palm 8each, FL, on June 5, 2009 al 3:00 p.m., and will remain posted for a period of 72 hours. 'f the RFP tabu'alion with recommended awards is not posted by said date and time, A "Notice of Delay of Posting" will be posted to Inform all proposers of the new posting date and time. 43.2 Any person adversely affected by Ihe decision Of intended decision, as defifled in School Board Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the posting of the notice of decision or intended decision. Saturdays, Sundays and State Holidays shall be exc1uded in the computation of the 72-hour lime period. The formal written protest must be flied witl1ln 10 days after the dale the notice of prolest is f~led, The formal written protest shall state with particulaflty the facts and law upon which the protesl is based. Failure 10 file a notice of protest or to file a formal wrltten protest within the time prescribed in section 120.57 {3}, Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes. 43.3 Any person who files an action protesting an RFP specification, a decision or intended decision pertaining to this RFP pursuant to Section 120.57{3J(b), Florida Statutes s1;all post with the Purchasing Department, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida payable to the School Board of Palm Beach County in an amount equal to 1 percent (1%) of the total estimated contract value, but nolless than $500 nor more than $5,000. Bond shall be conditioned upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the aelion is brought and in any subsequent appellate court proceeding. In Heu of a bond, a cashiers check, certHied bank check., bank certified company check or money order will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the Board prevails, it shall recover all costs and charges included in the final order of judgment, including charges by the Dlvision of Administrative Hearings. Upon payment of such costs and charges by the protester, the protest security shall be relurned. May 22. 2009 2:1J:02 PM EDT P 27 - 200 - Sct1oo1 Di.\ric\ o( Palm Beach Cou nl~ FI Bi<j OOC.01aK SAMPLE CONTRACT CONTRACT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND This contract entered into (l1is _ day of _, 200_, between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a political subdivision of tile state of florida, (hereinafter referred to as \he "School Board") and , located at , (hereinafter referred to as the "Contracllx"jlo provide _' SECTION 1- Term of Contract This contract shall be for the period beginning , 200_ tl1rough ,200_. The contract may be renewed for additional one-year periods at the annual anniversary date. Tile contract will nol extend beyond the year. SECTION II - Services The Conlractor shaH provide Petroleum, Tanks and Environmental Services per specifications in RFP No. 09C-018K Petro~eum, Tanks and Emlironmental Services and the corresponding proposal submitted by tne Contractor, wl1~h by reference herein becomes part of this contract. All addenda issued to RFP, if any, are also made a part of this comrael. SECTION 111- Cost of Services The Contractor shaH be paid for services as hsted in the RFP and awarded for Petroleum, Tanks and Environmental Services for the School Board. SECTlON IV - Terms and Conditions The Contractor sha1l have the option to termijnate the contract upon written notice to the aulhorfzed re prese ntatlve of the School Board. Such notice mus1 be received at leas1 90 days prior to the effective date of termination. The School Board shall have tI1e option to terminate the contract without cause upon written notice to the authorized representative of the Contractor. Such notice must be provided to the Contractor at least 30 days prior to the effective date of termination, and the Contractor shall only be entitled to Moy n 2{109 2:13"02 PM EDT p.2& - 201 - School Dismcl of Palm Be acl1 C<lunt~ F, Bid 09C.{fll,K compensation up to the date of termination. The Contractor shaU not be entitled to lost profits, Earty terminat~n of the contract by the Contractor may prohibit the Contractor from submitting proposals for a period of three years from the date of termination of the contract. The School Board sl1all establish the termination date of the contract for use thereof. There shall be no assignment of the contract or compensation to be derived therefrom by the Contractor. Included in this contract are the terms and conditions as described in the Request for Proposal, RFP #, which are incorporated by reference herein and made a pari hereof. SECTION V - Indemnification! Hold Hannless Agreement Contractor shall, in additlon to any other obligation to indemnify the Schoo~ Board, and to the Mlest extent permitted by law, prote<:t, defend, indemnify and hold harm~ess the School Board, its agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses (inCluding economijc losses), costs arislng out of any actual or alleged~ A bodily injury, sickness, disease or death, or injury to or destruction of tangib~ property including the loss of use result~ng therefrom, Of any other damage or 1055 arising out of, or claimed to have resu'ted in whole or in part from any actual or alleged act or omission of the Contractor, subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the penormance of the work; or B. violation of law, statute, ordinance, governmenta~ administration order, rule or regulation by Contractor in the performance of1he work; or C, liens, claims or act[ons made by the Contractor or any subcontractor or other party performing the work. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor of any subcontractor under workers' compensation acts, disability benefit acts, other emproyee oonefit acts or any statutory bar. This article will survive the expiration andfor termination of tt1is contract, May 22, 2009 2: 13:02 PM EDT p,29 - 202 - Sd100l [)ost~cll}f Palm Beam County FI BkI OOC-018K SECTION VI-Insurance Insurance wm be required 8S stated in RFP. The School Board of Palm Beach County, Florida shall be named as an additional insured. SECTiON VII - Cancellation of AwardlTermijnation 1 n the event any of the pro vis ions of this contract are vjolated by the Contractor, the Superintef1 dent or designee will give written notice to the Contractor stating the deficiencies, and unless the deficiencies are corrected within ten (10} days of such notice, recommendation wm be made to the School 80ard for immediale cancellation. Upon cancellation hereunder, tile School Soard may pursue any and al~ legal remedies as prov~ded herein and by law. In the event that it is subsequently determined that a canceltation under this paragraph was incorrect, the termination shall be converted to a termination for convenience pursuant to the next paragraph. The School Board, reserves the right 10 telTTlinate any contract at any time and for no reason, upon giving 30 days prior written notice to Ihe other party. If said contract should be terminated for convenience as provided herein, the School Board will be relieved of all obligations under said contract. The SChool Board will only be required to pay to the Contractor that amoun1 of the contract actually perfooned to Ihe date of termination. The Contractor win have Ihe option to terminate the contract upon written notice to the Dlrector of Purchasing. Such notice must be received at least 90 days prior 10 the effective date of terminalion. Cance~latijon of contract by Contractor may result in removal from responder lijst for a period of Ihree years. SECTION VIII- Funding Out, Terminalion, Cancellation Florida School Laws prohibit School Board from crealing obligations on anticipation of budgeted revenues from one fiscal year to another without year-ta-year extenskm provisions in the contracts. II is necessary that fiscal funding out provisions be inc1uded in atl contracts in which the terms are for periods of longer than one year. Therefore, th e following fu nding out p rovislons are an integral part of this contract: May 22. 2000 2: I 3:02 PM EDT p.3() - 203 - Sch~~1 District of Palm ~adl Coun\~ FI Bid 09C-O 181\ The Schoo' Board may, during the contract period, terminate or discontinue the services covered in this contract for lack of appropriated funds upon the same terms and conditions as set forth in Section VII C a ncellatic n of Award I T erm[nation. Such prior written not~ce will stale: A Thallhe lack of appropriated funds is the reason for termination, and B. Agreement not to replace the services being terminated with services similar to Ihose covered in this contract from another vendor in the succeeding funding period. "This written notification will thereafter release the School Soard of all further obligations in any way related to such services covered herein". This compieted statement must be included as part of any notice of termination. SECTION IX - Jessica Lunsford Act All contract personnel (vendors, individuals, or entlties) under contract with the School Board who are permitted access on schoo' grounds when students are present, who may have direct contact with any student of the School District, Of who may have access to or OOi1trol of school funds must be fingerprinted and background checked. The Contractor agrees to undergo a background check and tingerprinting if helshe is an individual who meets any of the above conditions and to requtre that all individuals in the organization who meet any of the conditions to submit 10 a background check, including fingerprinting by the School District's Police Department, at the sole cost of the Contraclor. Contractor shall not begin providing services contemplated by this Agreement until Contractor receives notice of clearance by the School District. The School Board, nor its members, officers, employees, or agents, shall not be liab!e under any jegal Iheory for any kfnd of claim whatsoever for the rejection of Contractor (or discontinuation of C<lntractor's services} on the basis of these compliance obligations. Contractor agrees that neither the Contractor, nor any employee, agent or representative of the Contractor who has been convicted or who is currently under investigation for a crime deltneated in section 435.04, Florida Statutes, will be employed in the performance of this contract, May 22. 20119 21 302 PM EDT p.31 - 204 - School Dislrict of Palm B<!actl COUrlty FI Bid 09C-018K SECTION X - Default In the event that Ihe Contractor should breach thls contract the School Board reserves the right to seek remedies in law andfor in equity. SECTION XI - Debarment The Schoo Board shall have the authority 10 debar a person I corporation for cause for consideration or award of future contracts The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period, SECTION XlI- Federal and State Tax The District is exempt from federal and state taxes for tangible personal property. The Purchasing Department Coordinator will sign an exemption certificate submitted by the Contractor. Contractors doing business with the School Board will not be exempted from paying sales tax 10 their suppliers for materials to fulfill contractua1 obligations with the School Board, nor win any responder be authorized to use the District's Tax Exemption Number in securing such materials. SECTION XIII - Amendment This contract shan only be amended or modified jn writlng executed by both parnes. SECTION XIV - Strict Performance The failure of either party to Insist on strict performance of any covenant or conditions herein shall not be construed as a waiver of such covenants or conditions for any instance. This contract s"al~ be construed in accordance with the laws of1he State of Florida. If any litigation shali result from this contract, venue shall lie in Palm Beach County, Florida. This contract shall not be construed against the party who drafted the same as both parties nave had experts of their choosing review the same. Th~s contract is binding on the parties hereto, their heirs, successor andfor assigns. Section XV Should elther party breach this contract, the non-breaching party shall be entitled to all remedies as I provided by law and equity. r'A ay n. 2009 2: 1 J :02 PM EDT p.32 - 205 - Schom Di$1Iid 01 Palm Bfladl Gouro\)' FI Bid09C.{)18K In witness whereof, this contract has been executed on the day and year first above written. (TYPE IN CONTRACTOR NAME) THE SCHOOl BOARD OF PALM BEACH COUNTY, FLORIDA BY: BY: Wm~m G. Graham, Chairman WlTNESS~ Date WITNESS: Attest: Arthur C. Johnson, Ph.D., Superintendent Reviewed and Approved for Form and Legal Sufficiency: DATE: BY: Attorney '~ay 22. 20M 2: 13 :02 PM EDT p.33 - 206 - School Dismct nf Palm Beach Coulll, fl SKI Ogc-tJ18K BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT Project: RFP No,: 09C-018K REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS AND ENVIRONMENTAL SERVICES Corporation Name: Tax FEIN Number: STATE OF COUNTY OF Before me, the undersigned authority, personally appeared, rCorporate Representative") this _ clay of , 200_, who, first being duly sworn, as required by law, subject to the penalties prescribed for pe~ury, deposes and says: 1 ) Corporate Representafute has read the cooten!s of this Affidavit, has actual knowledge of the facts contained herein, and states that the facts contained herein are true, correct, and complele. 2) The 10100 ng is a list of every "person" (as defined in Section 1,01 (3), Florida Slalues 10 include indMdl.lals, d1l1dren, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groops and com binations} holding 5% or more of the beneficial interest in 1I1e disclosing efltity: (If more space is needed, attach separate sheet) A Persons or corporate entities owning 5% or more: No,..., - Po.......ge .~amo ""...... p~ H""" Add-o.. "-'""go B, Persons or corporate entitles who hold by proxy the voti"-g power of 5% or more: Homo """""" ~ Na.... - "--'''''go No... _.. p,,,,,,,,,,,,, C. Stock held for others and forwtwm held: Hamo - """"""go Fe; wtan He~ _.. p~ t<am. -. -1lO E=or 'IM1om H&kI AOO..... - CORPORATE REPRESENTAT~VE By: S'MJRN TO and subscriled befum me lJiis _ {lay of ,200_, b~ . Such persoo(5), (t-btary PliIlic rntIsl check appf>eable b<Jx): I ) is/are persol'\Blll' known 10 me. I I produced a current driver license(s)_ I 1 produced _ as kJeJllifica1io[l, (OOT ARY PU6LlG SEAL) NOla')' Public (Print, Type or Slamp Name 01 Notary Public) May 22, 20G9 2:13:02 PM EOT p,34 - 207 - School Dislricl 01 p~rm Beach County Ft Bid 09C-D1 8K 09C-018K QUESTIONNAIRE/COST OF SERVICES UNDER THE TERMS OF THIS CONTRACT. MILEAGE COSTS WILL NOT BE ALLOWED AND CHARGES FOR TRAVEL TIME W~LL NOT BE ALLOWED. THIS INfORMATION MUST BE INCLUDED WITH YOUR PROPOSAL IN ORDER TO BE GIVEN CONSIDERATION. 1. QUALIFICATIONS OF THE FIRM AND STAFF FORMS: A. ~ 8- Number 01 years this firm has been in a petroleum-retaled business inll1e Slate 01 Florlda: r- ~ears C. Ust five c1ienls 1m whom petroleum-related services have been provided since Janua ry 1, 1998. Provide a bOaf description of !he services, .oope and ~nal costs of each project. Incl Llde a contact person and lelephone number For each 01 the clients. The School Disbie! may contact lhese refers nces as well as othel5. Client Name; ~ nlact Person: Telephor;e Number. Briel Description of I E Project: %I Client Name; ... .. .- Conlac:l Pe rson; . --- , Telep/loMl Number: Brief Description of I ~ Project: r!1 Client Name; .. Conlac:l Pe rson; .. - -- TeJeplione Nu mber; Brief Description of I ~ Projee!: ZI CI ient Name; Conlac:l Pe rson: Telephone Nu mber: Brief Description of I ~ Project Client Name; Contact Person: Telepoone Nu mber: -..... Brief Description of I iJ Project __ __. , L ".-.,. - -.- .-.- .-- ...""-- -- J May 2L 20092:13:02 PM EDT ~, 35 - 208 - School District (>1 Palm Bea ch C(>uol~ 1'"1 Bid 09C.01BK O. Attach a copy of you r Pollutant S pecialty Co~iractor's Ucense to Ulis lJocu men!. E_ Does yo u r fiOTll1old all EPA Generator I D number? r Ves r No If yes, lisl your EPA Generator ID number. I F. Has your lirm bee~ party ill any legal action alleQing improper tan~ removal, hslaUation, seledion, repair or oilier petroleum rei Bred servi ce ill the past five ytlar'>? Yes I No I II yes, nnefly lJescribe the silu alia n a Ild outcome on a Il attached sheet of pa pi! r. lnclude dates, name 5 of other partieslag encies i~volved and co nled: jlersOllS Vii illi phone num be rs. G. How many emproyees lJoes your firm emp'oy in Florida? I a ualificati ons a ~ d E):!:lerience of the staff. Ust na mes, addresses, yeats of experlelloo (petroleu m relatBd) and ~ualfficatio ~s for project managers, lead workers arn:l se nlice technicians who will be asslg ~ed to School District projects. Resumes and certificates must be allacl1ed. I ~ i1 2. FIRM'S LOCATION AND RESPONSE T1ME FORM: local Address: .c.. d . ~ .HH -- City - ...-. Stale Zip Code Oays & Hours of Normal I Operation ~ Is staff available on emerge~cles? Yes r No r Is firm avai lable 10 respond l~ 24 hours? Yes I No r 3. CAPABILITIES OF FIRM FORM: A llidicare with an 'X. which of the following tas~s yo ur firm is qualified to perto rm and could offer 10 the District. II a subcontraclor will be used 10 complete tile task, indicate with an "X. ili the suboo~tractor colum~. Give SubDclIllracting firm name, adlJresa, and phone on all allaclled sheet of paper. Spectfy the ~!Vioe provided by tile subcontractor. Pre ation Subcontractor ArcMeclural Site Oe5ign r Maj 22. 2009 2:13:02 PM EDT j).36 - 209 - SclJool Dis11ict of Palm Beach County fl Bi:! 09C-013K Engiooerir>g Sile Desi(ln I r ~ r Speci1ica\ior1s l r T r P~rehase Installation and R_air P<ltroleu m TanksfPipi ng r r Owrfill r r OV8rspill r r S~ndary Contai nmenl r r Venl System r r Vapor Recovel} Systems r r 1 nvenlol} Kooping Syst<lms r r l<la~ Det&Ction Systems r r Pumps r r Dispensing Systems r r Cathod ie Protection r r- Oi lIWaler Separators r r Hyd raulic Lift Systems r r Emergency Gllnerators r r Boiler Systems r r Removal and Disposal Tan klPip ing r: r: fuel r: r free Prod ucl r r Oily Waste Water r r Non-Hazardous Wasle Sludge r r Hazardous Waste Slud9!! r r P<!lroleum Conlaminated Soils r r TesUn!l Tan~ and Une Tighl ness r r Cathodic Pmt<lction r r OVA Soils Scrooning r r OVN;.Jr Quality r r Vapor Explosive Limits r r Envimnmenlal Sample Cnllectlon r r laboratory AnalYMls r r Groundwaier r r Slud'ge r r Stale II Va DOr RecovBrv Decay Tests r r BlocKage Tests r r Miscellaneous S ile DemoUtion an dlor Restoration r r Conslruction of SecoTl da ry Conla~nment r r Slurry Sealing Tank r r Drumming of Haz.ardous Waste Sludge r r ~ Stockpiling of Soils r r "'"l' 22c 2tl09 2: 13' 02 PM EDT p.37 - 210 - Sm",,1 Dislrict of P81m Beam Cnunty FI B;.j 09C.01BK Lig htning Prolet:lion Systems r r, Tank Cleaning r r 24.ho~r Emargency Spill Raspon se r r Calibration of Dispensing Systems r r Callbration of Inventor}' Syst~ms r r Sheetpiling (Z-Sptine) r r Oe-Watering Syst~ms r r:- Hydra~lic Vehicular UIts r r F~el Dellvery, Transfer r r B. Is you r firm aJ1 dlor staff 00 rtffied to repair/maintain or proville warranty se",ice for the following petrole ~m syst&ms: ~ H.Q 1. Veeder - RlXlt Leak Detec~on Systems r r 2. Pelm.Vend rn\l@nlory Control Systems r r 3. GilbalCl) F~el Dispensers r r 4. Hea ley Stage II Vapor Assist Systems r r 5. Red Jacket and FE Petro Submersible Pumps r l 6. Conva~lt Storage Tank Systems r r 7. Highland Oil-Water Separators r r 8. Modern \I1re1d ing Ta nk Systems r r Please list lI1e number of Service Technicians c~rrently employed l>y your firm. 1 4. 5 iTE SA F ETY PLAN - Includ~ a OJpy of your firm's generic Heallh and Safety PJa n. 5. FEES: ~ Price Proposal) The following fees will rema ill fixed for ttce term 01 the ronEract A. Base Price: On a separate paper, Iollowlngll1e formal below, list employees (by position] required to complete toose tasks indicated and Iheir ho~rly compelisa~on. You should iliClude subc<:mtractors where necessary. Examples: Job l1t1e / D~lies - $1 Blllilig Rate per ho~r Job nile I Du lles - $1 B illifig Rate per hour B_ Services Tan k Slurry Sealing with co fiorete $1 IgatloIi OVA Rental with technician $1 /ho~r Tank Tightness Testing $1 IPetroleum tank Lifie Tightness Testing $1 Iline Virgin fuel Transfer $1 fgaUon I Used Oil Disposal $ L _.._ :Igallol'l Ihy 22.2009 2:13'02 PM EDT p. :J.S - 211 - School o;smcl of Palm Effiach Count)' FI Bid 09G-018 K Fuell'NalerlOil MixllJre Disposal $1 /9a~lo" Sludge Dlsposal- Hauroous Gasoline S Iw:lge $1 155 gal. dl\lm Die sel Slu dge - Non-l1azard 0 U s $ i /55 gal. drum (Srudge disposal 10 IfIClude drumming. analysis, transportation and disposal fees.) C. Mis rellaneous C haroes: Briefly define additiona I charges as related to the Iollow~ng. Give their amounts and axpl ain when and how they are assessed 'Mileage and travel ti me wlll not be bi liable under this contract'. (Attach a separate pag e ij necessa ry-l Overtime: 1 Downtime: 1__._._ ._.______" Mobiltzatron C ha rges: 1 EmergBllcy Respon se C harges~ 1 Holidays and Weekend Charges: 1 (Provide a list of Conlractor H oM ays, $ubcolilraciQr or materials marn up: I I t,1.y 1.. 1Q09 2:n-02 PM EDT IJ 39 - 212 - Sd1(l[l1 D1smcl 01 Palm Beach County FI tM 09C-01SK 09C-018K - ADDITIONAL INFORMATION DOCUMENT This information will no1 be used in the evaluation of the RFP. I VENDOR NAME: I ~ List any additional services below. Pric<llisls rates etc. may be attached 10 submittal. .11 -~ Equipment Attach a list of specialized eqlJipmerlt necessary to complete tasks within )'our capabilities. Give descriptions as to size, age, and type of equipment [nclude rates with o~rator costs. ~. .- ,td I May 22. 2009 2:n02 PM EDT p.4Q - 213 - &00001 Di,\r\cl af Palm BeaCh Co"nl~ FI Brl 09C-ll18K THE SCHOOL DISTRICT OF PALM BEACH COUNTY Drug-Free Workplace Certification Preference must be given to vendors submitting a certification with their bid/proposal certlfylng they have a drug-free workplace in accordance with Section 287.087. Florid<l Statutes. This reqLlirement affects all ~ubl ie entities of the State an d becomes effe ctlve J<ln L1ary 1, 1991 . The sped al co ndition is as fo~lows: IDENTICAL TIE BIDS - P,eferef1Ge shall be given to businesses with druid-free workplace programs. Whenever two or more bids which are equal with (espect 10 price, quality, a.nd service are received by the State or by any political subdivision for the proc>Jrement of commodities or contractual selVices, a bid received from a business that certifies that i1l1as im~lemented a drug-free workplaoe program shall be given preferel1ce;n the award process. Established procedures for processing tie bids will be followed if none of the lied vendors have a drug-free workplaoe program, a business shall: 1. Publish a slatement notifying employees that the unlawful manufacture, dislrilllltion, d~pel1sing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. ~nform em pi oy ees about the d ange rs of dr>Jg abuse in the workplace, the bu siness's policy of maintaining a drug-iree workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties tli<lt may be imposed upon employees for drug abuse violations. 3. Give eact1 employee engaged in providing the commodities or contractual services that are under bid a copy of th e statement speclfied in su bsectlon (1). 4. In Ihe slatement specified in subsection (1), notify the employees thai, as a condition of working on the oommodilies or contractual selVices that are under bid, the employee will abide by 111<1 terms of the statement and will notify the employer ofany conviction of, or plea of guilty or nolo col"llendere to. any violation of chapter 893 or of any controlled substance law 01' Ihe United States or any state, tor a violalion occurring in the workplace no laler than flve (5) days after such conviction_ S. Impose a sanction on, or require ltie satisfaclory participation in a drug abuse assistance or rehabilitation program if suct1 is avallab'e in the employee's communiljt, by any employee who is so convicted. 6. Make a good faith effort to conlinue 10 maintain a dr\Jg-freeworkplaoe through implementalion of tI11s seetio 1"1. As the person authorized to sign the statement, I certify thatthls firm complies fully with the above req u i raments. I I VENDORS SIGNATURE DATE I COMPANY NAME Must be executed and returned with attached bid at lime of bid opening to be considered. PBSO 05S0 (Rev. 4/8/2(03) QRIG INAL - P"rd13sing De~artment ',1ay 22. 2009 2:1302 PM EDT p 41 - 214 - Sdlool o;s1rict {If Palm Sea&> County Fl Bi(/09C-018K School District of Palm Beach County MI NORITY CERTIF~CA nON ~ N FORMATION . Checlc hele if NIA~ r . Form must b8 9ubmitted 10 tlidliync.com. Mir\ority Certification applications are available through the Minority Business Enterprise located at Office of Diverslty in 8usiness PracUces School District of Palm Beach County 3300 Forest Hill Boulevard, Suite A-106 West Palm Beach. Fl 33406-5871 Phone: (561) 434-8508 http://www.palmbeach.k12.f1,uslmwbe Are you a minority vendor certified by: (Check if appropriate) Palm Beach County School District r. State of Florida r If yes, expiration date I Minority Classification I ..-- '1 you are not a certified m~nority vendor and intend to sub-contractwlth a certified minority firm(s), please list the vendors and the estimated dollar value below: :!llllil!u Eltlmated Dollar Value I $1 I $1 .. L - --- . . __ om _ . $1-_- Mot 22. 2009 2: 1 3 :02 PM EDT r 42 - 215 - School DiWict of Palm Beam Olun\~ fl Bioi 09C-Ol 8K THE SCHOOL D1STRICT OF PALM BEACH COUNTY OFFICE OF DlVERSITY IN BUSINESS PRACTICES Letter of Intent MinorityNiomen Business Enterprise (MIWBE) Subcontractor Participation Form must be submitbMl to BidSync.eom r Cheek if not applicable SIDIRFPIRFIIITN or Project Name I BIDIRFPJRFInTN or Proje-ct # I Name of Bidder/Responder I The undersigroed intends to perform work with toe abo"e project as (check onr<) r Individual r Partnersh~p r Corporation r Joint Venlure * If a join! Win/11m, attach le/tem9ad or (}/!lBr docum efl!s/ion proving /1itJaUonsllip-J The undersigned intends 10 perform work with the above project as (check one) r Subco ntractor r Subconsullarlt r Manufacturer r Supplier The undersigned is: r. Certified with the School 0 istrict of Palm Beach Cou nly MIWBE Coordinator r Certified willi the State of F~orida, Department of General Services (Provisional) The undeE'13igned is (cheCK only Dne in each applicable oolumn): Column 1 Column 2 Column 3 r African American r Nahve Americal1 r Female r Physically r Asian Amer~carl r American F ema'e r Male r Hispanic American PARTICIPATION: Tl1e undersi Item' CONTRACT (Trade lite"", (Dese rlpltcnlOMslon) Amount -.~ .. .if! ~ i!J -, I May n 2009 2:13:0l PM -EDT p.,n - 216 - ScI1O<ll Di~ hict 01 P ,,1m Besch Cmmty 1"1 Bid Q9C,OlBK r-- I ~ I ,,?J :~ ... . - ~_. - .--. - ~ :-;..i: .!.I .~ ." ',A: IE ~ .4t.I ~ ....-....:~ ---- - ~ If the u ndersigr.ed intends to sub-contract any portion of this sullcontracl to a non-certified MiWBE subco ntreclor. the amou nt of a ny such su bconlract must be stated $L Name of MlWBE Subcontractlng Firm I. Na me a no Posrtion (type or printl I PBS D \525 (Rev. 21ll120D-!l) OR~GINAl - Office of lJivers1~ in Businss.s Prac~ces Ma\' 2:2, 2009 2:13:ll2 PM EDT 1',44 - 217 - School District of Plllm Beact1 CQun'~ 1'1 10M Q9C-Q1 BK School District of Palm Beach County Minority Women Business Enterprise {MIWBE) Subcontrac1or Participation Summary .... Check here if N/A: r. Form must be submitted to bidsync.com. BIDJRFP !)r Project Name ! BID/RFP !lr Project N1.Jmoer 1 Total Bid {Base and Alternatives) I TO DIRECTOR OF PURCHASING DEPARTMENT Th e MIWBE Subconlractor firm s I iste d below have agreed 10 parti ci pate in Ihis BIDIRFP or project for the Contract (Tradelltems a!1d the dollar amounts shown_ Letler(s) on Intent (PBSD 152-5) for each Subcontractor is (are) attached. Those Subcontractors represented to me as MNIIBE Certified by the MfWBE Coordinalor are (1Oreo. Also noted are those Subcol1tractors not presently certified oLJI: representing themselves as MIWEE qualified for certification. For those Su OCol'1iractors, an identification Statement is attached to lhe~r Letter of 1 ntenl (PaSD 1-525). C-ERTIFIED CONTRACTOR CONTRACT ITRADESllTEMS AMOUNT YES IW L ._ . .. h__. _."' r r -- . - --~. - L .. -. ... . I . r r I . L r r I. ,,-... I -- I. ._ r r . ~ ..--.. ,-_. _h _ .u .. .. - -.- -. .", . ~ I r r I r r I I I r r I .. r r L.____ . .. 1__- ... .._ . - ._ _. __n._ --. L. r r I .. ." ...-- --. L r c ----- .Ou L .-.. -. I r r I I ----. - - - . . ..___ c_r~~ 1..__. .. ___ __ .__ - . . -0" __ _, .'_' r, r L____ _ ._... .. hOoO. _ __ - ._~ L .... __ _.___H _ T atal MfINB E Su bC()ntractor P a rticipatiol"l I $\ I Percentage of Tolal Bid {Base & Alternates) ~ 1% I Contracting Firm Name I Name and Position (type or print) I I I Srfj.....A TVRE ~T.: P BSD- 1 S21S (FI E. Hl,'1-SJ20D1) QRIGI).I,l.L ~ FlIrw:h-i1sng Dlllp.arhum1 May 22. 2000 2:13:l)2 PM EDT p.45 - 218 - Sc~l Dis\Iict {If Palm lleaoh COL>n~~ Fl Bid OllC .01 BK Question and Answers for Bid #D9C-O 18K - Request for Proposal for Petroleum, Tanks and Environmental Services OVERALL BID QUESTIONS Question 1 In Section 2. of Questionnaire/Cost of Services Documenl, ".5 firm a~ailable to res~ond in 24 hours,' Is this asking if firm can responl! 24 hours per day or within 24 hours of lssue, (5utlmitle-d: MaV 4, 20093:06:59 PM EDT) An_er - II is asking if the firm can respond withln 24 hours. (Answereo: May 4, <Oo~ 3:08:10 PM EDT) Question 2 Is this RfP for su~ply and installation of fuel tanks or is il deaning/reha~i1it<ltion of e~isting fuellanks? (5ubmitted: Mov 12, 200~ 3,52:38 ~M EDT) Answer - It ma y ~e u sed for all petro 1e\J m relateo services depend ing on the needs of the Dlstrict. This may I nclu de, but Mt ~e limited 10, tank and line replacements and a muUituoe of different Iype service calls. Refer 10 list in Rf~. (Answereo: M.~ 12, 200S 3:54:52 PM EDT) Question 3 Para 18.1 speaks to surety Ir0l10 rE{[uiremenlS. How Is lf1e ~OTll! amount delerminell with this RFP, (5ut>mltted: Mav 12, 2009 5: 45: 53 r-M EDT) Answer . PI ease refe r to Ad dendu m 3, posted May 15, 2009. (l\J1swe.ed: May 15, 2U 09 3: 33: 49 ~M EDT) Questilm 4 Para 2.7.1 speaks to permits 2nd Hcenses. If subject work is conducted on school property will fees be required for permits? if yes, will the pro pnser be reim b ursed fo r such fees? (Sub mltted: M ~y 12, 2009 5 :41>:0 5 PM EP") Answer - Permits for WQrk done on District pro~erty lOre provided Iry the Dislrict's building departmenl at no fee to ttoe contractor. (Answered: M ~y 14, 20(l9 8: 5 8: 44 A.M EO,.) Que5tlon 5 Re Tank Slurry Sealing with concrete In Para S,B ,,~Cost of Services, is this cost for materli>1 only or for materialfequi~flabor? {Submitteo: Mar 12,20096:04:06 PM EDT) Answer - The cost ;s to lJ.e all inclusive based on per/gaHon si~e of the tank. [An5wered: Mav 14, 2D09 8:58:44 "'M EDT) Q u e5tlon 6 Goes wilh quest~on #5 (Slurry mlin~): Generally, outside vendor/subcontractors will be calle-cl in to pump out 911sollne, die sel and 0 i Iy wa ters a nd there a re more cha rge s involved lor lf1eir Ser" ices tha n a d ollar a m1lunt pe r 9 a II an. Are we t\) incorporate tl1e requested per gall"n charges alang with their mobiliz~tion, techTl;clan(s), \lac trucks etc" Or can this sectio n be rem oveo a no tl1e stan dOl rd su~contractor m nkup be used insre a ~ to !tee p pri ci ng fal rand up front for !loth p1lrtles! {5ubmltted: M~y n, lDU91:19:42PH EDT) Answer - Sf;>m e ~elldo rs df;> n tll ~enera'ly use subcontractors so they 511 ou I d I nd icate thai r che rges. If subs a re used then If1 e firm shou I d I nd Icate what th ey, th" propose r, will c!large the D I strict un der th i s contra ct, It may be Ih ~t fi rms that do n.ot U$ e sub co ntracto rs cna rg" Ie ss. Th e D istri ct wants 10 kn ow wh at they wi II he charged by th e ~ro ~ose r for In e se services, [Answered: Ma V 14, 2009 8: 58: 44 AM EDT) May 22. 2009 2: 1 3:02. 1'M EOT p.46 - 219 - 6. H CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF ~ CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-146 - Authorize the execution and payment of the annual service agreement between Motorola and the City of Boynton Beach in the amount of $138,676.32. EXPLANA TION OF REQUEST: The service agreement with Motorola is to provide 24-hour repairs for radio equipment, dispatch service, technical support service, network monitoring service, infrastructure repair with advanced replacement service, onsite response service-Premier Option, and microwave Services. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This contract will allow 24-hour maintenance of all city service radios including mission critical departments including fire and police. This includes regular maintenance and repair of subscriber units as well as the backbone infrastructure. FISCAL IMPACT: Budgeted amount included in the Account #001-1810-519-46-24. AL TERNA TIVES: None since with the completion of the rebanding process and the purchase of new Motorola equipment, we are committed to renewing this contract for the foreseeable future. - 220 - RESOLUTION NO. R 09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA, INC., PROVIDING FOR THE MAINTENANCE OF THE RADIO SYSTEM FOR A TWEL VE (12) MONTH PERIOD, IN AN AMOUNT NOT TO EXCEED $138,676.32; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a twelve (12) month period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute a Service Agreement between the City of Boynton Beach and Motorola, Inc. for the maintenance of the radio system for a twelve (12) month period in an amount not to exceed $138,676.32, a copy of said Agreement is attached hereto as Exhibit "A." Section 3. This Resolution shall become effective immediately upon passage. - 221 - PASSED AND ADOPTED this _ day of October, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez ATTEST: Commissioner - Marlene Ross Janet M. Prainito, CMC City Clerk (Corporate Seal) - 222 - G MOTOROL.A SERVICE AGREEMENT Attn: Nat/Mal Service Support Contract Number: SOOO01000428 1309 East Algonquin Road Contract Modifier: RN16-APR-0909:07:23 SchaumbrJfg, IL 60196 (800) 247-2346 Supercedes Agreement(s): Date: 04/19/2009 Company Name: BOYNTON BEACH, CITY OF Required P.O.: No Attn: Customer # : 1000303040 Billing Address: 1 00 E Boynton Beach Blvd Bill to Tag # : 0001 City, State, Zip: Boynton Beach, FL 33435 Contract Start Date: 10101/2009 Customer Contact: Contract End Date: 09/30/2010 Phone: Anniversary Day: Sep 30th Fax: Payment Cycle: QUARTERL Y Tax Exempt: Exempt From All Taxes PO#: Qtv I Model/ODtion I DescriDtion Monthly Ext Extended I I I Total Services $ 11,556.36 $ 138,676.3 SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR Subtotal - Recurrina Services PERFORMANCE DESCRIPnONS Subtotal - One-Time Event Services Total $11,556.36 $138,676.32 MAINTENANCE CONTRACT INCLUDES THE Taxes - - FOlLOWING SERVICE PRODUCTS: DISPATCH, Grand Total $ 11,556_36 $ 138,676.32 TECHNICAL SUPPORT, NETWORK MONITORING. THIS SERVICE AMOUNT'S SUBJECT TO STATE AND LOCAL TAXING INFRASTRUCTURE REPAIR WITH ADVANCED JURISOICTIONS WIiE~E APPLICABLE, TO BE VERIFIED BY ~OTORCt..A. REPLACEMENT, ON SITE INFRASTRUCTURE RESPONSE, CONSOLE ONLY SSA, LOCAL RADIO COMBO REPAIR PACKAGE. Su bcontractorl s) City State MOTOROLA SOUTH FLORIDA FSO SUNRISE FL MOTOROLA SYSTEM SUPPORT ELGIN IL CENTER MOTOROLA NIO SSA TEAM SCHAUMBURG IL MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL CENTER-NETWORK MGMT D0067 MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL CTR-CALL CENTER DOO66 MOTOROLA SYSTEM SCHAUMBURG IL SUPPORT-TECHNICAL SUPPORT DOOSB CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL 1 - 223 - I received Statements 01 Work that describe the .".....I<:e. provided on this Agreement. Motorola'. Service Terms and Conditions. a copy of which i& ,,"""hed to this Servi<:e Agreemont, 10 Incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE (!TOMER (PRINT NAME) . ~SfY) -4-- - d-l9 - cF) (/vd.JLrLJ r<1DAJt P J'? MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE Cindee Markes ~Sl} -5dO - 'is gl.o& '1:;4'- 003- 4JjS j MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX 2 - 224 - Customer: Bovnton Beach, Citv of Effective: 10/1/2009 9.b! Equipment Description 5 Quantar Repeaters 4 Centracom Gold Elite Consoles 8 Control Stations 5 RCH Digital Remote 1 Moscad (1 PC, 1 Laptop, 1 RTU) 61 Astra Spectra Mobiles 222 LTS2000 replaced during rebanding 98 LCS2000 replaced during rebanding 248 XTS3000 45 XTS5000 35 XTL5000 10 XTS1500 Fire Department 1 Microwave System System Description 1 Prime Site 1 Dispatch Center 5 Channels 3 - 225 - Service Terms and Conditions Motorola, Inc.,("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment. Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. if Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good wor1<ing order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normai operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupier. Motoroia has no 4 - 226 - obligations for any transmission medium, such as telephone lines, computer networks, the intemet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heal, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which lI1e Equipment is interfacing so that Motorola may perform its Services. Unless othelWise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer wW provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under lI1is Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. in the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAUL TITERMINA TION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERViCES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of 5 - 227 - this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise fumished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with alll1.lles and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to confol1Tl to applicable law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control. such as strikes, material shortages, or acts of God. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS 6 - 228 - THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the termination or expiration of this Agreement. the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 7 - 229 - o MOTOROLA Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the CUstomer. These services are applicable only for the following system types: SmartZone up to release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet:, Private Data (with a wireless network gateway) v2.0.3 and higher, and E911. 1.0 Description of Services Ketwork Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set furth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of a Servicer. The Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and mHllage Case activity from open to close through an automated ('-a.~e tracking process. This Case management allows for Motorola to provide activity and performance reports. The terms and conditi ons of this Statement of Work (SO W) are an integra! part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such equipment upon Customer's request. 2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private Data system types. 2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date_ 2.4. Continuously receive service requests. 2.5. Remotely access the Customer's System to perform remote diagnostics as permiued by Customer pursuant to section 3. I 2.6. Attempt remote Restoral, as appropriate. 2.7. Create a Case as necessary when sendee requests are received. Gather information to perform the following: 2.7.1. Characterize the issue 2.7.2. Determine a plan of action 2.7.3. Assign and track the Case to resolution. 2.8. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9. Ensure the required personnel have access to Customer information as needed. 2.10. Disable and enable System devices, as necessary, for Servicers. 2.11. Servicer will perform the following on-site: 2.11.1. Run diagnostics on the Infrastructure or FRU. 2.11.2. Replace defective Infrastructure or FRU. as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2. t IA. Ifa third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 8 - 230 - _ MOTOROL.A 2.12. Verity with Cu~tomer that Rc~lOraLion is complete or System is functional, if required by Customer's repair Verification preference in the Customer Support Plan required by seclion 3.4. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13. Escalate the Case to the appropriate party upon expiration ofa Response time. 2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels 2.15.1. Open and closed; or 2.15.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16. Provide the following reports, as applicable; 2.16.1. Case activity reports to Customer. 2.16.2. Network Monitoring Service reports for Customer System(s), excludes E911. 2.16.3. Perfonnance/Availability Reports for SmartZone, SmartZom:/ OmniLink, and Private Data Systems only. 3.0 Customer has the following responsibilities: 3.1. Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may prevent Motorola from rendering the services described in this Statement of Work. 3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E911 System types. 3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.4.1. Case notification preferences and procedure 3.42. Repair Verification Preference and procedure 3.4.3. Database and escalation procedure forms. 3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.5. Provide the following information when initiating a service request: 3.5.1. Assigned System ID number 3.5.2. Problem description and site location 3.5.3. Other pertinent information requested by Motorola to open a Case. 3.6. Notify the System Support Center when Customer perfonns any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, perfonning upgrades to the network, or taking down part of the system to perform maintenance.) 3.7. Allow Servicers access to Equipment (including an)' Connectivity or monitoring equipment) if remote service is not possible. 3.8: Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2. J 1.2 3.9. Maintain and store in an easy accessible location any and all Sofuo,'are needed to Restore the System, 3.10. Maintain and store in an easily accessible location proper System backups. 3.11. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event of a catasLrophic failure ora sysLem. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.12. Verify with the sse that Restoration is complete or System is functional, ifrequired by the Repair Verification Preference provided by Customer in accordance with seclion 3.4. 3.13. Cooperate with Motorola and perfotTIJ all acts that are reasonable or necessary to enable Motorola to provide these services. . 9 - 23 1 - " MOTOROL.A Severity Definitions Table Severity Level Problem Types Severity I . Response is provided Continuously . Major System failure . 33% of System down . 33% of Site channels down . Site Environment alarms (smoke, access, temp, AC power. . This It:vel is meanllo represenl a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's " perspective. No Work-around or immediate solution is available. Severity 2 . Response during Standard Business Day . Significant System Impairment not to exceed 33% of system down . System problems presently being monitored . This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 . Response during Standard Business Day . Intermittent system issues . Information questions . Upgrades/preventative maintenance . This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Regular Premier Limited Level Response Time Response Time Response Time Severity I Wilhin 4 hours fi-om receipt Within 2 hours ITom receipt Within 4 hours from of Notification of Notification receipt of Notification Continuouslv Continuously Standard Business Day Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day Severi ry 3 Within 24 hours from Within 24 hours from Within 24 hours from receipt of Notitication recei pt of N otificati on receipt of Notification Standard Business Day Standard Business Day Standard Business Day 10 - 232 - _ MOTOROL.A Monitored Elements Table (Listed by technology) System TYDe EauiDment SmartZone 6.0 NOliel; Packet Routing Netviork; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; user , Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Environmental Alarms, Microwave) SmartZone 4.1 Zone Controllers; Database Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; FullVision Server; Air Traffic Router; System Statistics Server (Multi-Zone); Zone Statistical Server; User Configuration Server; NOVA 2000 (Interconnect); Remote RF Sites (Site Controllers Including Simulcast, Stations); MOSCAD Overlay (Stations-Non Trunked, Comparater, TenSr Channel Banks., Environmental Alarms, Microwave) SmartZone 3.0 -3.5 Zone Controller; Database Server; User Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; User Configuration Server (3.5); Historical Server (User Server 16); AEB Central Electronic Bank (CEB); MBX (Interconnect); Remote RF Sites (Site Controllers -Including Simulcast, Stations); MOSCAD Overlay (Stations, TenSr Channel Banks, Environmental Alarms, Microwave) I SMARTNET Monitored by MOSCAD SiteSentry Site Controllers; Stations; Environmental I Alarms; Channel Banks Private Data Wireless Network Gateway (WNG); Radio Network Controller (RNC); Base Station E91l - Centralink Classic - Monitored by SEB Teltronics All Teltronics ANI E91 I - Central ink Classic- Monitored by RAC Teltronics ALl 8911 - C2000'/Pa[ladium Palladium AU Teltronics ANI 11 - 233 - fa MOTOROLA Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmarlNct system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, seJect third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. IfInfrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unites) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by roo and returned to 100 FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exa.:..'! serial number to be returned, a FRU may he available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2. L Use commercially reasonable efforts to maintain an inventory ofFRU. 2.2. Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3,5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from TOO's FRU inventory to Customer specified address. 2.4.1. During normal operating hours ofMondsy through Friday 7:00am to 7:00pm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS. Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside ofthe above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of rDO and the Customer will own the Advanced Replacement fRU. 2.4.3. When sending a Loaner fRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to 100. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return 100's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7. Perform the following service on \1otorola Infrastructure: 2.7.1. Perlonn an operational check on the Infra,lructure to determine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. 12 - 234 - fa MOTOROLA 2.7.5. Perform a System Test on select Infrastructure. 2.8. Provide the following service on select third party Infrastructure: 2.8.1. Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2. Ship maltimctioning Infrastructure to the original equipmellt manufacturer or third party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4. Perform a posHest after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. lfCustomer template is not provided or is not reasonably usable, a standard default template will be used. [fIDO determines that the malfunctioning Infrastructure is due to a Software defect, IDa reserve;; the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Soft",..are Subscription agreement. 2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an 100 FRU. Motorola will return Customer's FRU(s) to roo's FRU inventory, upon completion of repair. 2.11. Ship repaired Infrastmcture to the Customer specified address during nonnal operating hours set forth in 2.4.1. FRU will be sent n.vo-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instmct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non- Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Finnware and Software applications from Inrrastructure being sent in for service. 3.].4. Provide Customer purchase order number to secure paymcnt for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from roo if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4. J. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from roo's FRlJ inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to 100 for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a "'placement fee for malfunctioning [nfrastmcture not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfimctioning FRU, at Customer's expense and risk ofloss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to [DO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Soft warei applications and finnware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infra<;tructure Repair with Advanced Replacement serviccs to Customer. 13 - 235 - fa MOTOROL.A 4.0 In addition to any exclllsions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infra~tTtletllre over seven (7) years from product cancellation date. 2. Physically damaged Infrastructure. 3. Third party Equipment not shipped by Motorola. 4. Consumable items including, but not limited to, batteries, connectors, cables, tonelink cartridges. 5. Test equipment. 6. Racks, furniture and cai>inets. 7. Firmware andior Software llpgrades. 14 - 236 - tit MOTOROL.A SmartZone S)'stem Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Infrastructure Exhibit Antenna Systems Excludes all Equipment such as bi-dircctional amplificrs, multicouplers, combiners, rower top pre- amnlifiers, anteMas, cablcs, towcrs, tower li~htin~, and transmission Jines. Base Station(s) and Rcoeater(s) Includes; Ouantar, Quantro, Digital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) Includes Logging Recorder, Interface and Network Hub Excludes Nice Loggin2 Recorders Channel BUJlk(s) Includes Premisvs and Telco. Excludes Siemens Comnarator(s) Includes Snectratac, Digitac. and Astrotac Comnarators. Computer(s) Includes oomputers (Pentium I, II, 1lI, IV) directly interface with or control the romnwnications System, including SiteLens and S)'stemwatch 11. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor- burned cathode ray tubes CRT(s) and burned-in t1at nane! disnlav ima~e rdention. Console(s) Includes consoles (Centracom Go]d Scrics, Centracom Gold S~ri~s Elile, Centracom Gold Elite, CommandSTAR lite, MlP5000, MC1000, MC2000, MC2500, MC3000, MCC5500) Includes headset jacks, dual tllotswitches, gooseneck microphones and Console Interface Electronics (CIE). Excludes Centracom l. ControJler(s) -Tnmking Inc]udcs SmartNct II mimc and remote controllers. Excludes SSMT and SeMS controllers. DiL1:aphones, Logging Recorders >md Exc]udes all types and models. Recording Eouinment l)iJ:!itallnterface Unit(s) Included DiJ:!ital Silffialing Modemls) Included uoon modem model availability ~ Digitai Voice Modem(s'! Included upon modem model availability Embassv SwitCh Includes AEB, AIM!, ZAMB!. AMB Management T~nniI1als Indud~s computers (Pentium I, !I, 1!I, IV) directly interface with or control the communications System, including SiteLens and Systemwatch n. Excludcs laptop computers and all 286, 386, 486 comnuters. MBEX(s,! or NOVA Interconnect Included Microwavc Equipment. Excluded from service agreemem but may be repaired on an above contract. time and maretial basis. All Equipment must be shipped tn mo. Excludes anv on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communicalions System. Excludes defective or phosphor-burned cathode ray rubes CRT(s) and burned-in t1at pane] displays image retention. Monitors not shipped by Motorola and/or cmmot be confirmed by a Motorola factory order ntlmber. Moscad Only NFM (Network Fault Management), a. part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Exc]udes Fire alarming sYstems. Network Fault Management Includes Full Vision. Excludes NMC Printer(s) Includes printers that directlv interface with the communications Svstem. RAS(S'f Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers. Simulcast Distribution Al1101ifiel'(s) r I1cluded Site I'requency Standard( 8) Includes Rubidium, ors and Netelocks systems ,old with the Moluro]a System. Excludes MFS -Rubidj,!!m Standard Nctwork Time and Freouency devices Universal Simulcasr Controller Inc]uded Interfacel s) UPS Systems. Excluded from service agre~menls but ma)' be repaired on an above comract, time and material basis. All UPS ~ystems must be shipped [0 IDO for repair. Excludes anyon-site services. Excludes all batteries. Zone Manager Excludes HPi 15/33, HI' 715/50 servers. Excludes x-tenninals NDS 14C and NDS 17C Zonc Controller(s) Include" conslIle lerrninals. Exciudes ALL Sun/IMP hard drives e>(cepl TLl\349'iA 0820 I GB drive. Excludes the following SII"</IMP CPUSET's; TLN3278B 0406, TLN3343A 0424 and TLN3278A 0]81/0,89. 15 - 237 - 8: MO.TOROLA Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does lIot include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astro25 6.x, SmartZone v2.0.3 and higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two- Way. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Serviccr or Customer in the field until dose of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third plllty vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as appl icable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with pre-defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Complete database and escalation procedure forms. 3.1.2. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 16 - 238 - CI) MOTOROL.A 3.5. Allow Motorola remote access to the System by equipping the System with the ncl;Cssary Connectiv ity. 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severil)' Definitions Table Severity Level Problem Types Severity 1 . Response is provided Continuously . Major System failure . 33% of System down . 33% of Site channels down . Site Environment alarms (smoke, access, temp, AC power. . This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 . Response during Standard Business Day . Significant System Impainnent not to exceed 33% of system down . System problems presently being monitored . This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 . Response during Standard Business Day . Intermittent system issues . Information questions . Upgrades/preventative maintenance . This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/svstem upgrades. Remote Technical Support Response Times Tahle SEVERITY Severit I Severit 2 Severi 3 17 - 239 - fa MOTOROLA Statement of Work Software Subscription Console Only 1.0 Description of Service Motorola will provide to Customer Software Subscription services in accordance with this Statement of Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or at another address that Customer may direct in writing). These software bulletins announce and explain Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these serv ices. \1otorola will provide applicable Enhancement Releases or Core Releases as ordered by Customer. Software Subscription includes design services for Enhancement Releases only. Motorola will review System audit data (when this service is performed by Motorola) along with an equipment list to avoid potential Software incompatibilities between equipment that is being upgraded versus equipment which is not being upgraded with the Enhancement Release. Motorola will identify additional equipment and engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a plan for installation of this additional equipment in addition to the core or enhancement release. Implementation of this installation plan is not included with the Software Subscription services. Additional Provisions for Software Subscription services that begin after December 3 L 2004. concerning SmartZone 4.1 and Astro 25 Trunkinl! Svstems: Motorola recommends that Customer maintains continuity in receiving Software Subscription services until Customer decides to no longer install additional Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription services and later decides to reinstitute Software Subscription services, then Motorola will provide those Software Subscription services retroactively to the date such services were discontinued. Exclusions The Software Subscription program originated from and was designed to support Motorola's radio systems business. The Software Subscription program does not cover the software, hardware, or services provided by Radio Service Software; ISD; Plant Equipment, Inc. ("Plant") -Motorola's E91 J solution subcontractor; or any Motorola business sector other than CGTSS. Software not purchased through Motorola is not covered. Software Subscription services are not intended to, and do not, cover software support for virus attacks, games or other applications that are not part of the System, or misuse of the covered Software. Motorola is not responsible for management of anti-virus or other security applications (such as Norton). The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Tenns and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases. 2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement Release that ::cpply to the Motorola Software in Customer's existing Sysrem components. 2.3 Perform the following Software upgrade design: 2.3.1 Review Infrastructure System audit data as needed. 2.3.2 Identify additional System equipment needed to implement an Enhancement Release, if applicable. 2.3.3 Complete a proposal defining the Enhancement Release, Equipment requirements, installation plan, and impact to System UScrs that will fulfill the Customer's upgrade requirements. 18 - 240 - _ MOTOROL.A 2.3.4 Advise Customer of probable impact to System users during the actual field upgrade implementation. 2.4 Provide to Customer (in response to a Customer order) those Standard Features included. in a Core Release that apply to the Motorola Software in Customer's existing System components. Optional Features issued with a Core Release are not included under these Software Subscription services but are available to Customer, under a separate agreement at a discount from current list price (20% for voice System Optional Features and ] 5% for data System Optional Features). Once an Optional Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no additional charge. 3.0 Customer has the following responsibilities: 3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core Release as directed in the Customer Support Plan. 3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an Enhancement Release. 3.3 Review Software installation plans and impact to the users with appropriate Customer personnel. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services to Customer 4.0 Special provisions: the following provisions apply to the Software Subscription seryiccs : 4.] Customer acknowledges that if its System has a Special Product Feature, additional engineering may be required to prevent an installed Enhancement Release or Core Release from overwriting the Special Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be incorporated into an Enhancement Release or Core Release and whether additional engineering effort is required. 4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor performance enhancements and will keep the System current. In addition enhancement releases may contain updated versions of third party software enabling customers to obtain optimal support for these products. Customer is encouraged. to migrate the Motorola Software to the most current Core Release because Enhancement Releases are available for a limited time for a given core release as defined by Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported. Software version, all Core Releases and Enhancement Releases may not be compatible with Customer's existing System. 4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade or migrate to a particular Core Release or Enhancement Release. If the size and complexity of Customer's System warrants, Motorola may provide consultation services to determine the technological, operational and financial impact of installing a particular Core Release or Enhancement Release on the System, pursuant to a separate agreement. Customer must pay for such consulting services and for any other engineering services, hardware, and software that are requi~ to upgrade or migrate Custumer's System due to each Enhancement Release or Core Release that Customer orders. 4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in accordance with the applicable S"f!ware License Agreement. Nothing in this Statement of Work. or caused by Motorola rendering these Software Subscription ser....ices is intended to modify the Software License Agreement or to alter Motorola's intellectual property rights in and to its Software. 4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by defects that are not corrected by the Enhancement Releases and Core Re]eases, nor does it include repair or replacement of defects resulting from any nonstandard or improper use or conditions or from unauthorized installation of Sofrware. 4.6 Customer may terminate Software Subscription services at any time by giving written notice of termination to Motorola. Such termination will be effective at the next annual anniversary date following Motorola's receipt ofthe notice of termination and may be partial ifthat is reasonably necessary to accommodate a significant change to Customer's System configuration. 4.7 These Software Subscription services and the parties' duties described in this Statement of Work will automatically terminate if Motorola no longer supports the Software version in Customer's System or discontinues the Software Subscription program: in either case, Motorola will refund to Customer any prepaid fees for Software Subscription services applicable to the terminated period. 19 - 241 - _ MOTOROLA 4.8 Motorola may sllspend or terminate these Software Subscription services, if Customer fails to pay Motorola any fees for Software Subscription services when due, Customer breaches the Software License Agreement or the Agreement, Customer's rights to use the Software under the Software License Agreement expires or is terminated, or Customer replaces its Motorola System with a system from another manufacturer. 20 - 242 - 'I MOTOROLA Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identity external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation oftbe two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in tbe applicable Agreement to wbich this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following are excluded from Local Radio Combo service unless they are purchased as an option fOf an additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Tenns and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be perfonned at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the- Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipmenl 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment lo/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flash code for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to Customer. 21 - 243 - " IIIIOTOROL.A Statement of Work Local Radio Combo Package OnSite Option - Pick up & Delivery I.U Description of Service Equipment will be picked up /Tom and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. This Option covers Equipmenllhal is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2 Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Provide problem description along with unit. 22 - 244 - (THIS PAGE INTENTIONALL Y LEFT BLANK) - 245 - 6. I CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF ~ CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Approve participation in the State of Florida Department of Management Services Fuel Card Program (#973-163-06-1) for emergency use only. The State Contract complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements. . EXPLANA TION OF REQUEST: The State of Florida has developed a fuel card program for offsite fueling based on the MasterCard architecture. The program was developed to provide the State and surrounding government entities a system that allow for fleet vehicles to fuel at any location capable of utilizing the MasterCard platform while protecting the interest of the entity and ensuring contractual pricing over a long term. This includes a web based program that allows in-house administration the ability to assign, track, and lockout cards in house 24/7. The contract includes user defined monthly reports, and credit of all taxes prior to each billing cycle. The contract is a five year term with an additional five year extension. The fuel cost would be calculated at O.P.I.S. (Oil Price Information Service) Plus %, Unleaded 0.1302 and Diesel 0.1735. All cost of cards, software, and training would be at the contractor's expense. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The program would greatly supplement our existing city fueling system at the Public Works Complex by providing alternative fueling locations that include strict fiscal controls in the event of an emergency or the fuel pumps at the Public Works complex are down. FISCAL IMPACT: The program would allow for tighter accountability in emergency fueling situations and contractual pricing opportunity over a long term. There is no cost of implementation for this program. Any additional cost would be for use as the program cost is calculated into the plus percentage of O.P.I.S daily publication. O.P.I.S determines the daily wholesale (port) cost of fuel. Mark ups are determined by the transport companies and vendors. The state contract limits this mark up and holds it - 246 - during the applicable period. Funding for the purchase of fuel is allocated in the Fleet Maintenance Account # 501-2516-519-5210 and then charged back to the departments. AL TERNATIVES: Continue with yearly agreements with local fuel vendors to supply fuel during emergency situations limiting options for fuel. - 247 - DEPARTMENT OF PUBLIC WORKS FLEET SERVICES DIVISION MEMORANDUM 09.039 TO: Carol Doppler, Purchasing Agent THRU: Christine Roberts, Assistant Director, Public Works ~ FROM: Steven Weiser, Fleet Administrato~ DATE: Tuesday, October 16,2007 RE: State Fuel Card Program Carol, The state fuel card program is intended to maximize our fueling capabilities in the event of an emergency and will not be used as a primary fueling system. Below is a synopsis regarding your questions along with answers provided. 1 ) How many departments will receive cards? A) Up to 31 divisions that operate vehicles and require fuel during emergency operations. 2) Who will be the Administrator? A) Fleet Administrator 3) Will there be checks and balances. A) Yes there will be reports available from the Web site and hopefully the system will integrate seamlessly into HTE, I also anticipate the system allowing for fuel only lockout. 4) Agenda Changes. A) /J.J:, requested 5) Amendments 1&2 missing. A) The contract is in it's entirety as pulled from the state web page. Follow the progression Amendment two is in there but not labeled as such #1 is just before it. 6) Would Vicki Need to know A) Yes Vicki processes payment to some extent.. 7) #23 State Transaction Fee A) Under PU R1 000 this states that the contractor shall pay to the state a 1 % transaction fee the contractor being vendor for the state. 8) Legal to do contract A) As required 9) MasterCard pays who for bonus points. A) As far as I can see there are no points associated with this card. Thank you. Copy: PW Files S:\PWICoorcspundcncc - 248 - DEPARTMENT OF PUBLIC WORKS FLEET SERVICES DIVISION MEMORANDUM NO. 09-033 0 TO: Barry Atwood, Director Finance THRU: Christine Roberts, Assistant Director, Public Works~ FROM: Steven Weiser, Fleet Administrator t!flJ DATE: Thursday, July 30, 2009 RE: Emergency Fueling Option Traditionally each year we attempt to set up multiple methods to fuel during the hurrjcane season. In my efforts to research alternative methods to acquire fuel for emergency situations I searched for vendors that integrated a public sector fuel card that removed the tax burden prior to sending the monthly billing. Fuelman card systems did just that, but only allowed a limited amount of sites (4) to pull fuel from. During a recent look at the state contract website I found that the state of Florida had a fuel card program that allowed a piggy back option built on the MasterCard platform, and allowed for fueling at any station that accepted MasterCard. This opened up the ability to draw from any station that could supply fuel immediately after an event. The contract issued by the state also allowed for tax deduction prior to billing and a host of additional benefits that Fuelman did not cover. I contacted David Bennett from the state on how to go about setting up the system, and some of the controls such as a web base administrative control to instantly cut off use, limit use, and audit at a moments notice. This offers us an opportunity to greatly expand our ability to fuel in emergency situations while providing adequate security controls to manage the system well. I would formally request direction to pursue and administer the implementation of such a program to expand our fueling capabilities. I have attached a copy of the state contract for your perusal. Please let me know as soon as possible, implementation may take some time, but once completed we will be covered for several years. Thank you ~.y--. S:\PW\Coorespondence ~\sb - 249 - CONTRACT AMENDMENT BETWEEN THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, TRANSMO~TAIGNE PRODUCT SERVICES, INe;, AND COMDATA NETWORK, INC. RELATING TO CONrRACTNO. 973-163-06-1 AMENDMENT 5 This is an amendment to the Agreement between the Department of Management Services ("Department" or "DMS"), TransMontaigne Product Services, Inc. ("TransMontaigne" or "Seller"), and Comdata Network, Inc. ("Comdata"), collectively referred to as the Parties. This Amendment: I - Revises Section 3.02, Scope of Work.. In accordance with Section 41 of the PUR 1000, Modification of Terms, the following modifications or amendments to the Agreement are hereby made: 1. Section 3.02, Seope of Work, is revised to include fueling rental vehicles being used for official government business: I 3.02 Scope of Work: This Contract is to provide a Fleet Fuel Card program for Vehicle Fleets .owned by state agencies. rental vehicles being used for official ~overnment business and Eligible Users in the State of Florida This will include the purchase of Fuel and any commodity and/or service for immediate use by the Eligible User to maint./lin daily operation of their vehicle fleet. Also, the Fuel Card may be used at Marinas and/or Airports as allowed for Marine Fleets andlor Aircraft Fleets. The Department seeks to improve quality and efficiency of services delivered, improve Eligible User services and reduce cost. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 1 - 250 - This amendment shall begin on the date on which it is signed by both parties. All other terms and conditions of the original Contract and previous Amendments (if any) remain in full force and effect. WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. Signea by: Name: Title: S\l<...... Date: .I Signed by: Name: Title: Date: DEPARTMENT OFMANA~VlCES Signed by: ~ J ' Name: .> 4h ~rc-St4 "_';I)' /J'"/f!.-dor Title: C hAt' I~ , tbrJ '("'j to 1"'\ Date: .5/11. /()7 I ~.: ':Fl':ill~ Date: rltth7 2 - 251 - CONTRACT AMENDMENT BETWEEN THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, TRANSMONTAIGNE PRODUCT SERVICES, INC., AND COMDATA NETWORK, INC, RELATING TO CONTRACT NO, 973.163-06-1 AMENDMENT 4 This is an amendment to the Agreement between the Depaliment of Management Services ("Department" or "DMS"), TransMontaigne Product Services, Inc. ("TransMontaigne" or "Seller"), and Comdata Network, Inc. ("Comdata"), collectively referred to as the Parties. This Amendment: - Revises the Technical Specitication Section 3.04, Fuel Markup; Fuel Districts In accordance with Section 41 of the peR 1000, Modification of Terms, the following modifications or amendments to the Agreement are hereby made: 1. Section 3.04, Fuel Markup; Fuel Districts is revised to remove the following language: "Fuel costs for State and Eligible User vehicles that travel outside of the State of Florida will use 1he closest Fue11enninal as its basis for detennining Fuel cost as listed in the appropriate OPIS Weekly Ne'wsletter PAD Report." 2. Section 3.04, Fuel Markum Fuel Districts is further revised to add the following language: Fuel costs for State and Eligible User vehicles that travel outside of the State of Florida will not be eligible to be repriced. The Seller shall invoice the Buyer for the pump price .less Federal Excise tax. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 1 - 252 - This amendment shall begin on the date on which it is signed by both parties. All other terms and conditions of the original Contract and previous Amendments (if any) remain in full force and effect. WHEREFORE, the Pal1ies hereto have caused this Contract to be executed by their undersigned officials as duly authorized. TRANSMONTA~CES' INC. Signed by: - Name: "Rd(&"'~t') Title: EvP Date: /I)/(1/6b COMDATAN Signed by: Name: Title: Date: /0- / 7 -(,!v Signed by: .. d Name: Title: IN&. Date: Approved as to FornI and Legality q5c~ Date: Ie")! ;>0/ b6 2 - 253 - CONTRACT AMENDMENT BETWEEN THE FLORIDA DEPARTMENT OF MA<'\fAGEMENT SERVICES. TRANSMONTAIGNE PRODUCT SERVICES, INC.. AND COMDA T A NETWORK, INC. RELATING TO CONTRACT NO. 973-163-06-1 AMEND.MENT 3 This is an amendment to the Agreement between the Department of Management Services ("Department" or "DMS"), TransMontaigne Product Services, Inc. ("TransMontaigne" or "Seller"), and Comdata Network, Inc. ("Comdata"), collectively I'efen'ed to as the Pmties. This Amendment: - Revises Section 11, Invoices, Payment. Credit., to include Sub-Section 1l.S. In accordance with Section 41 of the PUR 1000, Modification of Terms, the following modifications or amendments to the Agreement are hereby made: L Section 11, Invoices, Payment, Credit., is revised to include: 11.5 Should individual electronic transaction data provided by a Merchant to Comdata not conlain sufficient information to properly identify the Product as an item eligible to be repriced, the Seller shall invoice and the Buyer shan pay the price provided by the Merchant for that individual transaction. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. I - 254 - This amendment shall begin on the date on whic11 it is signed by both parties. All other tenns and conditions of the original Contract and previous Amendments (if any) remain in fuJl force and effect. WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. TRANSMONTAIGNE PROD cr SERVICES. INC. Signed by:. ~ Name: .~-- 7?c.lt:. f ~ -./--r.:rn Title: fv f> - ---.~~~~~.., Date: ;/ZbftU COMDATA NET I I . Signed by: ...~~_.~ Name: Title: Date: 7 - / fr C) (.. DEPARTl\~~\YIENT SERVICES Signed by: ~ ~tZ-t- Name: ~4t7 ~ontMb.N Title: D\~Q.., <s;1t>1"b F\)~1r1&- Date: ~. Approved as to Fom1 and Legality /~ Date; "Ills I O.b (..//7 =r~~~ ~.__._._._._. ~ L 2 - 255 - CONTRACT BETWEEN THE FLORIDA DEP ARTMEl''T OF MANAGEMENT SERVICES, TR.~NSMONTAIGNE PRODUCT SERVICES, INC., AND COMDATA NETWORK, INe. Relating to Contract No, 973-163-06~1 This Agreement is entered into on the date subscribed below, by and between the Department of Management Services ("Department" or "DMS"), TransMontaigne Product Services, Inc. ("TransMontaigne" or "Seller"), and Com data Network, Inc., hereinafter collectively referred to as the "Parties" to this Agreement. WHEREAS, the Department and Comdata executed a state term contract effective as of September 13, 2005 (the "Contract"), based on Comdata's response to the Departme!1l '5 Invitation to Negotiate No. 43-973-163.X (the "ITN"); and WHEREAS, as part of its response to the ITN, Comdata offered the services of TransMontaigne, the ultimate vendor and net seller of fuel, to provide Product to state agencies and Eligible Uscrs; and \VHEREAS, Comdata and Seller entered into a subcontract effective on November 1, 2005, desclibing each parry's role under the Contraot; and WHEREAS, Seller is the net seller of fuel and ultimate vendor, is recognized as a qualified wholesaler for fuel tax refunds and will be the only entity invoicing the State of Florida and its Eligible Users for Product or Immediate Use Vehicle Accessories purchased pursuant to the Contract and this Agreement; and WHEREAS, Seller is fecogIJized by the Parties as the appropriate party to deduct federal ta"{cs from Product purchases made pursuant to the Contract; THEREFORE, subject to controlling law, policy(ies) and/or procedures, and in consideration of the mutual interests and understandings expressed herein, the Department and Seller agree as provided in this Agreement 1- Definitions- ""'hen used in this Contract, the tenns listed below have the following meanings: "Agencies" means agency as defined in section 287.012, FLorida Statutes. "Agreement" means this contraci betviecn the State of Florida, Department of Management Services and TransMonlaigne Product Services, Inc. 1 - 256 - "Buyer" or "Buyers" means State of Florida agencies and Eligible Users that make purchases pursuant to this agreement "Card" means "fuel card" as defined in section 3.01, Technical Specifications, of the Contract, which provides: "Fuel Card" shall mean the card issued to State and Eligible Users for the purchase of Fuel and Immediate Use Vehicle Accessories. "Comdata" refers to Comdata Network, Inl;. the entity that will issue Cards as set fourth in the Contract "Contract" means the state term contract between the State of Florida, Department of Management Services, dated September 13, 2005, emered into as a result of Comda.ta' s response to the Department's Invitation to Negotiate No. 43-973--163-X. The Contract is made part ofthis agreement as Attachment B. "Department" meanS the Florida Department of Management Services. "Eligible Users" as used in section 280.056( 1), F.S., the Contract and as defined in rule 60A-1.005, Florida Administrative Code, means: (1) All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; (2) Any independent, nonprofit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. "Immediate Use Vehicle Accessories" means those commodities and services as defined in section 3.03 ofthe Contract. "Merchant" means any merchant thai offers Product or Immediate Use Vehicle Accessories for sale and that honors the Card. Merchant includes "Fuel Locations" as defined in section 3.01, Technical Specifications, of the Contract. "Product" means fuel as defined in section 3.01, T cclmical Specifications, 0 f the Contract, which provides: "Fuel" shall mean any Fuel product obtained through use of the Fuel Card. Fuel produc!: shall include all grades of unleaded gasoline (unleaded; unleaded plus or mid-grade; and premium or super unleaded) and fuel oil (on road diesel and off road diesel) to be used il1 State and Eligible User vehicles ai1d equipment where Fuel monitorir.g requirements are necessary. 2 - 257 - Fuel product may also i_nelude gasoline and fuel oil used in State and Eligible User Marine Fleets and/or Aircraft Fleets at Marinas and/or Airports where the Contractor's Fuel Card is accepted_ When the State deems necessary, Fuel product may also include alt~mative Fuels in certain areas of the State of Florida where available. "Seller" means TransMontaigne Product S\:rviccs, Inc. "State" means State of Florida and its agencies. "Term" means the dllration of the Agreement between the Department and TransMoDtaigl1c. 2. General Terms and Conditions. Purchasing form PUR 1000, General Contract Conditions, is hereby incorporated into and made part ofthis Agreement between Buyer and Seller. Attachment A. In addition to satisfying its duties and obligations as specified in this Agreement, Seller further assents to and othernrise agrees to be bound by the General Contract Conditions provided in Attachment A. If there is a conflict bet\.veen the terms provided in the Attachment A and this Agreement, this Agreement shall take precedence over the Attachment A. 3. Term. Ihe leon of this agreement shall be concurrent with the Contract the Department has with Corndata. The Contract is a five (5) year contract with a five (5) year renewal option~ renewable at the convenience of the Department. This Agreement shall start on the date it is executed by the Parties and shall continue concurrently with the term of the Contract. The Parties further agree that renewals of the Contract shall be deemed to automatically renew this Agreement without any action required of either Party. Also, the Parties agree that termination of the Contract shall automatically terminate this Agreement without any action required of either Party_ This provision will nO[ affect the Department's ability to separately terminate this Agreement as provided in the Attachment A. 4. Scope nfWark. In conjunction with the Contract between the Department and Comdata, this Agreement is entered into by the Parties to enable Buyers to purchase Product net federal excise taxes. As Seller is the net seller of fuel, ultimate vendor, and is recognized as a qualified wholesaler for fuel tax refunds, SeHer is responsible for invoicing Buyers for Product and Immediate Use Vehicle Accessories purchased by users ofthe Card. S, No Costs Associated with Eotering into this Agreement. 3 - 258 - In executing this agreement, the Parties agree that no additional cost is a<;sociated with, will be included or will be charged by Seller or Comdata to Buyers purchasing Product or Immediate Use Vehicle Accessories under this Agreement or under the Contract ~ only costs currently permitted Wlder the Contract are allowable. 6. Fuel Specifications. Sener agrees to provide Product to Buyer as specified in sections 3.05 and 4.12 of the Contract (Attachment B). 7. Fuel Sale and Purchase. During the Teml of this Agreement, Seller agrees to sell and Buyers agree to pay Seller for Product purchased and to reimburse Seller for credit extended by Seller and Comdata to Buyer for Card purchases. The plice for Product purchases shall be calculated as provided in sections 3.03 and 3.04 of the Contract- 8. Taxes. 8.1 Seller must be registered with the IRS as an ultimate fuel vendor and must provide the Department with the registration number. 8.2 Buyer must document and confirm to Seller that it is permitted to engage in tax-free transactions with respect to the ProdUCllmder all federal or state laws that may apply to the Contract, this Agreement and the Product delivered under both agreements. Buyer shall provide to Seller in a timely manner all necessal)' exemption certificates and other information and documentation as may be reasonably requested by Seller and must reasonably cooperate with Seller to perfect claims for refunds or credits. Further, Buyer waives any claim it may have with regard to said claims for refunds or credits for taxes to the extent that Seller claims them and passes them on to Buyer. 8.3 Buyer must pay any and all taxes, fees, or other charges imposed or asscssedby governmental or regulatory bodies, with respect to the Product delivered under this agreement and the Contract, the taxable incident of which occurs after transfer of title to the Product to Buyer. 8.4 Except as provided otherwise below, any and all taxes, fees, or other charges imposed or assessed by governmental or regulatory bodies, the taxable incident of which occurs prior to or at the time of transfer of title or the delivery of the Product under the Contract, or the receipt of payment for such taxes, fees or charges, regardless of tht: character, method of calculation, or measure of the levy of assessment, viill be paid by the Party upon whom the tax, fee, or charge is imposed by law. With respect to all federal, state and local gasoline, motor fuel, sales use, gross receipt, petroleum inspection, environmental assurance, spill fund, pollution, and other excise taxes, fees, or charges th31 are imposed by law on Seller, Buyer must, upon receipt of Seller's invoice, 4 - 259 - payor reimburse Seller for any such taxes, fees or charges Seller is required by law to payor provide to Seller upon demand with a valid exemption certificate. 9. Department and Buyer Obligations. 9.1 The Department shall provide a contact person or project manager for the duration of this Agreement. As needed, the Department's project manager shall coordinate a team to work directly with the Seller for all implementation issues. The Department's current project manager is: David A Bennett Purchasing Analyst, State Purchasing Department of Management Services 4050 Esplanade Way, Suite 370 Tallahassee, Florida 32399-0950 850-921-4072 david. benllctt(@dms.mvflorida.com If the Department changes its designated contact person or project manager, the Department shall timely notifY Seller oftbe change 9.2 To the extent not addressed in the Contract, the Department shall work \Vi:h Seller and Comdata to determine the optimum accOLmt setup including proper fueling limits by transaction, by day and by total purchase. 9.3 To the extent not addressed in the Contract, Department shan work with Seller and Comdata to detelmine appropriate data capture items at the point-of-sale (e.g., driver ID, agency name). 9.4 To the extent not addressed in the Contract, the Department or Buyer shalL provide all state agency vehicle pool information as required by the prompted data capture setup. 10. Semi-Annual Savings Report. To ensure appropriate monitoring of the cost-savings generated through implementation of the Contract and this Agreement, Seller shall gather all Product purchase data relevant to this Agreement and generate a Semi-annual Savings Report deliverable to the Department project manager. This deliverable shall cover six-month intervals begilming at the time of execution of the Agreement. The Report shall be delivered to the project manager no later than 30 days from the end of the proceeding six-month period. The Semi-aru1Ual Savings Report will consist of various items associated with individual transactions nnder this Agreement and shall at a minimum include the individual re- priced fuel rransactions associated with Product transactions that take place under this Agreement. 5 - 260 - 11. Invoices, Payment, Credit. ILl Invoices shall be submitted monthly to the Buyer or as otherwise agreed npon by the Buyer and Seller. Seller shall submit one periodic invoice for Product and lnunediate Use Vehicle Accessories in sufficient detail for a proper pre-audit and post. audit in accordance with section 287.058, Florida Statutes. Buyer agrees tt'..at payments to the Contractor will be made in accordance with Florida Statutes. 11.2 Unless otherwise agreed to by Buyer and Seller, Seller will render invoices to the Buyer on a monthly billing cycle supported by necessary documentation, including an electronic invoice which details each Card tran:saction during the billing cycle. In addition to other acceptable methods of presentation, Seller's telexing or telecopying of invoices and other necessary documents will constitute acceptable presentation under this agreement. Each party will furnish to the olher party any other substantiating documents required under this agreement. 11.3 Under this Agreement invoices will only be issued by Seller to the Buyer _ no invoices will be issued by Comdata pursuant to the Contract or this Agreement. All invoices submitted by Seller to Buyer shall clearly indicate all tax and other deductions excluded from the Fuel costs and shall disclosed on Buyer's invoice. 11.4 Seller will make the resulting data available online and will ensure such information is accessible online by Buyer. 12. Measurements. l\rnouots of Product received by Buyer will be determined according to fuel Card activity reports generated each time Buyer receives Product. Except as may otherwise be reasonably established by Buyer and Seller, said activity reports will be prima facie evidence of volumes of Product delivered to Buyer, absent obvious cn.or or Fraud. 13. Delivery of Product via Fuel Card. Product not obtained by use of a Card will not be subject to the terms of this Contract. Buyer may receive Product at any Merchant, unless such Merchant is excluded under this Agreement by Seller. Product shall be deemed delivered upon generation of <l. Ca.rd activity report i.ndicating receipt of Product by Buyer from Merchant. }4, Title, Risk of Loss and Cost of Delivery. Title to and risk of loss or Product deli ver\;d Wlder this Agreement will pass to Buyer as Product is delivered from the Merchant fuel pump_ Buyer or its representatives will be responsible for loading Product into vehicles to be fueled pursuam to this agreement. Buyer will be invoiced for all Product received from the Merchant, pursuant to the Card activity report, regardless of accidental spills, release or other losses of Product dUling delivery, 6 - 261 - 15. Ownership of Documents - Public Records. All documents and electronic files, databases, viewing materials., posters, etc., completed or partially completed by the Seller under the terms ofthis agreement ("the Documents") shall become and remain the property of Buyer upon demand or completion or termination of this Agreement. It is the understanding of the parties that in providing services to the Buyer pursuant to this agreement, Documents created or maintained by Seller under this agreement may be public records as provided in chapter 119, Florida StaUltes. Any use of the Documents by Buyer, its assigns, or any person, firm or corporation acting on behalf of Buyer, shall be without additional compensation to the Seller. 16. Card Use, By using this Agreement, Buyei represents that it is a governmental body and that utilization of any Cards issues pursuant to this Agreement or the Contract will only be for governmental pLU-pOSCS and will not be used for personal, family or household purposes. 17. Customer Service. Seller shall provide to Buyer telephone numbers and titles of the customer service representatives responsible for handling Seller inquiries concerning invoicing, billing or other non-emergency issues. Seller shall provide an organizational chart to Buyer higrJighting the key people, inc1uding location of offices and who will be assigned by Seller to perform services to Buyer under this Agreement. 18. Governmental Regulations. Buyer will comply with all applicable rules and regulations regarding the receipt and use of Product delivered pursuant to this Agreement, including without limitation those laws pertaining to Reformulated Gasoline and Conventional Gasoline compliance. 19. Audit. During the term of this agr:Jement, and for a period that satisfies the applicable Department of State General Retention Schedule for State Government Agencies (see hltp://dlis.dos.state.fl.us/recordsmgmt/gen records schedules.cfm), upon reasonable prior notice, each party may audit, at their expense, the other Party's records and documents relating to Productf[mmediate Use Vehicle Accessories delivered or received under the Agreement during norn1al business hours of that party as its place of business. Each party shall retain the said records for the stated period oftime. 20, Performance by Seller and Comdata. 7 - 262 - Seller ackrlOwledges that successful execution of the duties and obligations provided in both this Agreement and the Contract require seamless implementation, interaction and communication between Seller and Comdata. Further, Seller represents that it understands the commodities and/or contractual services sought pursuant to the ITN, the role and responsibilities of Comdata under the Contract (Attachment B), the relationship bet-veen Comdata and Seller's obligations to the State of Florida under both the Contract and this Agreement, and hereby agrees work with Com data to satisfy its obligations as provided in this Agreement. 21. State Objectives. Within thirty (30) calendar days following execution of this Agreemem, Seller agrees to submit plans addressing each of the State five (5) objectives listed in section 2,24 of the Contract (Attachment B). 22. Contract Deliverables. Seller agrees to provide to the Department the Contract Deliverables identified in section 3.06 of the Contract. (Attachment B). The date that shall be used to calculate when the identified deliverablcs are due to the Department shall be the date this Agreement is executed by the Parties. 23. MyFloridaMarketplace Transaction Fee. This Agreement is subject to the MyFloridaMarketplace Transaction Fee requirement. See paragraph 15, PUR 1000 (Attachment A). 24. Performance Metrics. By June 30, 2006, the Department, Comdata and TrallsMontaigne shall jointly develop a set of clear and challenging performance metrics against which the Fuel Card Program's success can be measured. REMAINDER OF THIS PAGE INTEJ\'TIONALL Y LEFT BLANK 8 - 263 - WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned of!icials as duly authorized. TRANSMONTAlGNE PRODUCT SERVICES, INC. Signed by: ~c::=-.:=.:..::> --. .... Name: Rick Eaton --- Title: Executive Vice President Date: Atlril 24. 2006 Signed by: --- Name: -~.-~- Title: 51 J ( 'Gfl1 -- Date: .._....._ 4(J). ~r. U)OCp :i:::Z:;~E:CES N awe: /?/A 55 ;<0 fhMc",.., Title: In !-err'm DYe&-f---oi or.S l-r-",-h..__J9...rc~s:J Date: :;-/1 jOt-, -~ ! Approved as to Form and Legality //? "~-"I ~~) ~~ Date: s:il-i. V.( ,~ 9 - 264 - CONTRACT AMENDMENT BETWEEN THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND COMDATA NETWORK, INC. CONTRACT NO. 973-163-06-1 AMENDMENT 1 This is an amendIDent to the Contract between the Department of Management Services ("Department") and Comdata Network, lnc. ("Comdata"), colJectively referred to as the Parties, whereby the Depuiment secured the services of Comdata to provide Fuel Card Services for the State. This Amendment: - Describes the role and responsibilities of the Net Seller of" Fuel under the Contract; - Revises Section 3.02. Scope of Work; and - Revises Section 4.06. Invoicin2: and Payment; In accordance with Section 41 of the PUR 1000, Modification of Terms. the following l11odifications or amendments to the Contract are hereby made: 1. Net Seller of Fuel. As part of its response to the ITN, Comdata offered the services of TransMontaigne Product Services, Il1c., ("Seller") as the net seller of fuel and ultimate vendor to provide the Fuel Product sought through the !TN. Comdata and Seller entered into a "ubcontract effective as of November 1, 2005, describing each party's role under the Contract. Also, SeUer has the skills, knowledge, and expertise regarding the ta..x-exempt sale of fuel, is recognized by the Parties as the appropriate entity to claim a tax credit or refund for the sale of fuel on behalf of tax-exempt govenunenlal entities and recognized by the Parties as the appropriate entity to deduct federal taxes from Product purchases made pursuant to the Contract. Therefore, to ensure that the intent of the ITN is met in that the state agencies and Eligible Users obtain the most cost effective Fuei Card SelVices for the State while maximizing the quality and efticiency of service delivered and that state agencies and Eligible Users ("Buyers") are able to purchase fuel Product from Seller net federal excise taxes, the Parties agree that adding Seller as a Party to this agreement will enhance the level of service provided under the Contract. Thus, contemporaneous with executing this Amendment, me Parties h;:.ve entered i..."'!to an Agreement with Seller that provides Sellers role and responsibilities to state agencies and Eligible Users that use the Contract. The Agreement is attached to this Amendment as Attachment A. 1 - 265 - 2. Section 3.02, ScoDe of Work.. is revised to read: This Contract is entered into to provide a Fleet Fuel Card program for Vehicle Fleets owned by state agencies and Eligible Users in the State of Florida. Eligible Card purchases include only the purchase of fuel Product net federal excise taxes and Immediate User Vehicle Accessories as defined in the Contract. Also, the Fuel Card may be used at Marinas and/or Airports as allowed for Marine Fleets andlor Aircraft Fleets. The Department seeks to improve quality and efficiency or services delivered, improve Eligible Cser services aIle reduce cost. Although the Parties have entered into an Agreement witb Seller that details Sellers role and responsibilities to state agencies and Eligible Users that use the Contract, this does not in any way relieve or otherwise excuse Comdata of its duties as stated in the Contract. 3. Section 4.06, Invoicinl! and Payment, is revised to read: Invoices for fuel product and/or Immediate User Vehicle Accessories resulting from use of the Card shall be submitted to monthly by TransMontaigne ("Seller") to Buyers or as agreed upon in the Agency Agreement. Seller is the only entity authorized to invoice Buyers for fuel Product or fmmediate User Vehicle Accessories under the Contract. Seller shall submit invoices for Fuel and/or Immediate Use Vehicle Accessories in sufficient detail for a proper pre-audit and post- audit in accordance with section 287.058, Florida Statutes, and as specified in the Agreement (Attachment A). TH.E RKMAINDER OF THIS P AGE IS INTENTIONAI_L Y LEFT BLANK. 2 - 266 - This amendment shaH begin on the date on which it is signed by both parties. All other terms and conditions of the original Contract and previous Amendments (if any) remain in full fore c and cffect. WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. COMDATA N Signed by: _...~,~--_.._--....-........ Name: -- Title: . .51 ,J!- ~,r1_ .... Date: --&-1~_ 2- ~, Z(fJ(. -- DEPARTM~F ~ERV[CES Signed by: I l<.1 I .. Name: ~5 f? 0 f-l-.. t'V1 <:..../1 Title: J:n kr I ~ IJ//4:.f-oC1 Sh:. 1-e- lZrc..hAs ,'r,J Date: 5/'!Db Approved as to foml and Legality dj!/J Date: S- J I / 7)6 -~-~. -- ..-' 3 - 267 - State Term Contract for Fuel Card Services Contract No. 973~163~O6~1 Contract between Comdata and the Department of Management Services Contract Term: Five Years with Five Year Renewal Option Refer ALL Inquiries to: , i I David A. Bennett I , Purchasing Analyst, State Purchasing I Department of Management Services I 4050 Esplanade Way, Suite 370 Tallahassee, FL 32399-0950 (850) 921-4072 i (850) 488-5498 (facsimile) ! i bennE'wriV,dms. state. fl. us ( i j i I Fud Card Ser.rjccs Contract 973-163-06-1 Page 1 of3 ! ! Section 1.00: Introduction i I ~ - 268 - Table of Contents 1.0 Introduction PUR Form 1000 - General Contract Conditions PUR Form 1001 . General Instructions to Respondents 2.0 Special Instructions to Respondents 3.0 Technical Specifications 4.0 Special Conditions 5.0 Forms Fuel Card Services Contract 973-163-06-1 Page 2 of3 Section 1.00: Introduction - 269 - 1.00 Introduction 1.61 Purpose and Scope: The State of Florida, Department of Management Services, invttes interested Respondents to submit responses in accordance with the solicitation document~. The purpose of this solicitation is to establish a five year SLate Term Contract for Fuel Card Services with the potentia] for a five year renewal option. The intent is to obtain the most cost effective Fuel Card Services for the State while maximizing the quality and level of service. The Department is seeking qualified Fleet Fuel Card companies to provide for the purchase of Fuel and other services to maintain daily operation of Customer fleets throughour the comract period. Qualified companies must have the capability to perform and complete the services in all respects in accordance with the solicitation documents. 1.02 History: The CUlTent Agreement (Voyager), which this contract will supercede, is estimated at $20 million annual spend of which approximately S16 million is by Stale Agencies. The current program has approximately 28,000 cards of which 13,000 are active during any given month. During the calendar year of l003, there were approximately 120 eligible users executing over 780,000 transactions at 1 ],000 locations throughout the State. These estimated figures are provided a~ a historical reference of prior activity within the State and should not be interpreted or construed as representing future activity. Fue] Card Services Contract 973-163-06-1 Page 3 of3 Section 1.00: Introduction I I - 270 - State of Honda PUR 1000 General Contract Conditions Contents I. Definitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Tenn Contracts. 5. Additional Quantities. 6. Packaging. 7. Manufacturer's Name and Approved Equivalents. 8. Inspection at Contractor's Site. 9. Safety Standards. 10. Americans with Di5abiJities Act. 11. Literature. 12. Transportation and Delivery. 13. LTJsrallation. 14. Risk of Loss. 15. Transaction Fee. 16. Invoicing and Payment. 17. Taxes. 18. Governmental Restrictions. 19. Lobbying and Integrity. 20. Indcnmification. 21. Limitation of Liability. 22. Suspension ofWol'k. 23. Termination for Convenience. 24. Termination for Cause. 25. Force Majeure, Notice: of Delay, and No Damages for Delay. 26. Scope Changes. 27. Renewal. 28. Advertising. 29. Assignment. 30. Dispute Resolution. 3 I. Employees, Subcontractors, and Agents. 32. Security and Confidentiality. 33. Independent Contractor StahlS of Contractor. 34. Insurance Requirements. 35. Warranty of Authority. 36. Warranty of Ability to Perform. 37. Noti;:;es. 38. Leases and Installment Purchases. 39_ Prison Rehabilitalive Industries and Diversified Enterprises, Inc. (PRIDE). 40. ProducUi Available from the Blind or Other Handica.pped. PUR 1000 (03/04) 60A-l.002, F.A.C. Page 1 ofl) - 271 - 41. Modification ofTeI1YJs. 42. Cooperative Purchasing. 43. Waiver. 44. Annual Appropriations. 45_ Execution in Counterparts. 46. Severability. 47. Special Conditions. 1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional tenns are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and COlltractor. (b) "Customer" means the State agency or other entity that will order products direcdy from the Contractor under t]1I:; Contract. (e) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a fonnal written purchase order, electronic purchase order, procurement card, or other authorized means). 2, Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or soli citation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy bet\'Jeen the Contract tenus and the terms stated on the Contractor's order fonn, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incmporate by reference the requirements of subparagraphs (a) through (D thereof. CUstomers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the. Customer specifically requests in wriling all earlier model or version and 6e contractor is willing to provide such model or version. 4. Price Changes Applicable only to Term Contracts- rf this is a term contract for commodities or services, the following provisions apply. PUR 1000 (03/04) 60A-1.002, FAc. Page 2 ofl3 - 272 - (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, jf the Customer becomes aware of bett~r pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms ofthe Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduccd to the lower price. (0) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period_ A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then- authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade-ln. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fall: market value when trading equipment, and to keep accurate. records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Senices and to the agency property c..tstodian pursuant to Chapter 273, F.S. (e) Muitable Adjustment The Customer may, in its sole discretion, make an equitable adjustment in the Contract tenns or pricing ifpricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is uue to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a :rubstantialloss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exeeed the threshold for Catcgory Two at me prices submined in the response w the solicitation. 6. Packaging. Tangible product shall be securely and properly packed for SruPIDwt, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain CusLOmer'~ I property. i PUR 1000 (03/04) 60A-l.002, FAG. t Page 3 of 13 i I ! ! ! - 273 - 7. Manufacturer's Name lUld Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shaH demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. 8. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformily with Contract requirements and to determine whether they arc adequate and suitable for proper and effective Contract perfonnance. 9. Safety Standards, All manufact\lred items and fabricated assemblies subject to operation UIlder pressure, operalion by COlUlccti.::m to an electric source, Or operation involving connection to a manufactured, natuml, or LP gas source shall be constructed and approved in a mallller acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manuiacturers' Association for electrically operated assemblies; and the American Gas i\.ssocimion for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to dean air and water pollution- 10. Americans with Disabilities Act Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 11. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 12. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, di~tribution, and inside delivery. Transportatioll of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purcru:se order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. ; 13. Installation. Where installation is required, Contractor shall be responsible fOf I I I placing and installing the product in the required locations at no additional charge, unless i othel"\vise designated on the purchase order. Contractor's authorized product and price j list shall clearly and separately identify any additional installation charges. All materials ; used in the installation shall be of good quality and shall be fn::e of defects that would I PUR 1000 (03/04) 60A-1.002, F.A.C. I i Page 4 of J3 i 1 I I - 274 - diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect tile site from damage and shall repair damages or injLlry caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perfonn installation work so as to cause the least inconvenience and interference with Customers and with proper consideradon of others on site. Upon completion of the installation, the location and surrounding area of work shall be ld't clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 14. Risk of Loss. Matters of inspection and acceplance are addressed in s. 215.412, F.S. Until acceptance, risk of loss or damage shaH remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejcction. Upon rejection notification, the risk of loss of rejected or non-confonning product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition ofrejeCled product. 15. Transaction Fee. The State of Florida has instituted MyFJoridaMarketPlace, a statewide ePwcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-] .032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-l.031 (2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Nomrfthstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the i ! Contractor in default and recovering reprocurement COStS from the Contractor in addition i ! co all outstanding fees. CONTRACTORS DELINQUENT IN PAYL'lG i TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING I FUTURE BUSINESS WITH THE STATE. I PUR 1000 (03/04) 60A-I.002, FAC. ! , Page 5 of13 I I I ! i - 275 - 16. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number, and the appropriate vendor identification number. The State lIlay require any other infonnation from. the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms - EDI 810, cXML, or web-based invoice entry within the ASN. Payment sball be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, whicb govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Mooday through Friday to inquire about the statw; of pa}'ments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of tbe Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 17. Taxes. The State does not pay Federal excise or sales taxeS on direct purchases of tangible personal property. The Slate will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this par'<lgraph shall be explicitly noted by the Customer on a purchase order or other special contract condition. 18, Governmental Restrictions. If the Contractur believes that any governmental restrictions have been imposed that require alteration of the material, quality, worlcrnanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 19. Lobbying and Integrity. Customers shall ensure compliance with Section 1 L062, FS and Section 216.347, FS.The Contractor shall not, in connection with tbis or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vole, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any grall.l.ity for the benefit of, or at the direction or request of, any State officer Of employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertairunent gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Comractor shall provide any type of information the Inspector Genera] deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Com:ractor's business or financial records, documents, or files of any type or form that PUR 1000 (03/04) 60A-I.002, F AC. rage 6 of J3 - 276 - refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the eKpiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at hrtp;//dlis.dos.state.fl.usJbannJgenschedules/eensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of (he Contractor's compliance wilh the terms Oflhis or any other agreement between the Contra<.;tor and the State which results in the suspen.qion or debarment of the Contractor. Such costs shall include, but shan not be limited to; salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shaJJ not be responsible for any costs of investigations thai do not result in the Contractor's suspension or debarment. 2(), Indemnification. The Contractor shall be fully liable for the actions of il~ agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including anomeys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided. however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold hannless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If an.y product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non- infringing. If dIe Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Conn-actor (1) written notice of any action or threatened action, (2) the opporrunity to take over and settle or defend any such action at Contractor's sole eKpense, a'1d (3) assistance in. defending the action at Contractor's sole expense. The Contractor shall not be liable br any cost, expense, or compromise in~u:red or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. PUR 1 000 (03/04) 60A-L002, F.AL Page 7 of 13 - 277 - 21. Limitation of Liability. For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase order for direct damages shall be limited to the greater of $]00,000, the dollar amount oflhe purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back- up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 22. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason tor suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a llo:ice authorizing resumption of work, at which time activity shall r~sume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 23. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole: discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, ifany. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 24. Termination for Cause. The Customer may telminate the Contract jfthe Contractor fails to (l) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance ofthe Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, 01 licensing requirement. Rule 60A-l.006(3), FA-C., governs the procedure and consequences of default. The Contractor shHll continue work on IlIIY work not terminated. Except tor defaults of subcontractOrs at any tier, the Contractor shall not be: liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the CvulnlCtOr. If the failure to perfonn is PUR 1000 (03/04) 60A-I.Q02, FAC. Page 8 of 13 - 278 - caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is detennined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the tennination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 25. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contrllctor. In case of any delay the Contractor beli eves is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a dday could result THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential. impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cast, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in whieh case the Customer may (I) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse 10 and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 26. Scope Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contr<lct specifications, provided that such changes are '..vithin the general scope of the Conrracl The Customer may make an equitable adjusnnent in the Contract price or delivery date if the changE! affects rl1e cost PUR 1000 (03/04) 60A-I.002, F.A.C. Page 9 ofl3 - 279 - or time ofperformam::tl. Such equitable adjustments require the written consent of the Ccntractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 27. Renewal. Upon mutual agreement, the Customer and the ContractOr may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the tcnn of the contract, whichever period is longer. Any renewal shall spe<:ify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by bem parties, and is contingent upon SJ:ltisfactory perfonnance evaluations and subject to availability of funds. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information C(Jncerrring the Contract withom prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or me name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 29. Assignment. The Contractor shall not seU, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. In the event of any assignment. the Contractor remains secondarily liable for perfomlance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The der.;ision shall be iinal and wnclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes" Exhaustion of administrative remedies is an absolute condition precedent to the Con!ractors ability to pursue any other form of dispute resolution; provided, however, that the parties may empluy lhe alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury tri at PUR 1000 (03/04) 60A- 1.002, F.A.C. Page ] 0 of 13 - 280 - .. .". ..-, '.".' .",,,,,.. "... ,"" ..'~ 31- Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents perfonning work under the Contract shall be properly trained teclmicians who meet or exceed any specified training qualifications. Upon request, Contrl1(;tor shall furnish a copy oftechnicaJ certification or other proof of qualification. All employees, subcontractors, or agents perfonning work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or othcnvise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any persorme1 for cause, including, but not limited to, teclmical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contrclctor of its obligation to perfoml all work in complian.ce with the Contract. The State may reject ai"ld bar from any facility for cause any ofille Contractor's employees, subcontractors, or a.gents. 32, Security and Confidentiality. The Contractor shall comply fully with all security procedures of the State and Customer in perfOTInlUlCe of the Contract. The Contractor shall not divulge to third parties any confidential infonnation obtained by the Contractor or its agents, distributors, reseHers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations jrrforrnation, or commercial proprietary information in the possession of l.1.C State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 33.Contractor Employees, Subcontractors, and Otber Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring t'1at Contractor's employees. subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida 34. Insurance Requirements. During the Contract tenn. the Contractor at its sole expense shall provide commemial insurance of such a type and with such tenns and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor, Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpn:ted as limiting Lhe Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. PUR 1000 (03/04) 60A-l.002, F.A.C. Page]] of13 - 281 - 35. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 36. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish [he Contr'actor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the CUstomer in writing if its ability to perform is compromised in any manner during the tenn of the Contract. 37. Notices. All notices required under the Contract liliaJl be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the ContraClor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 38. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes_ 39. Prison Rehabilitative Industries lIud Diversilied Enterprises, Inc. (PRIDt<:), Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, Dr required to carry out, the Contract shall be purchased. from lhe corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same proce:dures set forth in section 946.515(2) and (4) of the Florida Statutes; and for pwposes of the Contract the person, finn, or other business entity Carryll1g out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporaticn are concerned." Additional infonnation about PRIDE and the products it offers is available at http://'HW"W.Dridefl.com. 4(). Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required 10 carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuaut to Chapler 413, Florida Statutes, in the same manner and W1der thc same procedures sct forth in section 413.036(1) and (2), Florida Slatutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional infolmation about the designated nonprofit agency and the products it offers is available at htto:!/www.respectofflorida.or2:. PUR 1000 (03/04) 60A-!.002, FAC. Page 12 of 13 - 282 - 41. Modification of Terms. The Contract contains aU the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of dle Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract tenus, including substitution of product, shaH be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or a.ffixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to tenus and conditions. 42. Cooperative Purchasing. Pursuant to their own governing laws, and ::'llbjccl to the agreement of the Contractor, other entities may be permitted to make purchases at the: tenns and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contra<:;tor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions Or8. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 43_ Waiver. The deiay or failure by the Cusromer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nOr shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 44. Annual AppropriatioDs. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 45. Execution in Counterparts. Tbe Contract may be executed in counterparts. each of which shall be an original and all of which shall constitute but one and the same instrument. 46. Severability. If a court deems any pro\'ision of the Contract void or unenforceable, that provision shall be enforced only 10 the extent that it is not in violation oflaw or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 47. Special Conditions. Pursuant to 60A~L002(7), F.A.C., a Customer may attach additional contractual and technical tenns and conditions. These "special conditions" shall take precedence over this form PUR 1000 unless the conflicting term in this fonn is statutorily required, in which case the term contained in the fonn shall take precedence. PUR 1000 (03/04) 60A-l.002, FAC. Page 13 of13 - 283 - State of Florida PUR 1001 General Instructions to Respondents Contents 1. Definitions. 2. Generallnstructions. 3. Electronic Submission of Responses. 4. Terms and Conditio.ns. 5. Questions. 6. Conflict ofInterest. 7. Convicted Vendors. 8. Discriminatory Vendors. 9. Respondent's Representation and Authorization. 10. Performance Qualifications. 11 . Public Opening. 12. Electronic Posting of Notice of Intended Award. 13. Finn Response. 14. Clarifications/Revisions. 15. Minor Irregularities/Right to Reject. 16. Contract Formation. 17. Contract Overlap. ]8. Public Records. 19. Protests. 1. Definitions. The definitions found in s. 6OA-l.OOl, F.A.C. shall apply to this agreement The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits marerials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) ''Timeline'' means the list of critical dates and actions included in the Introductory Materials. 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or otber similar symbol or process) attached to or PUR 1001(3/04) Page i 01'6 - 284 - .. . ... .. , logically associated with the response created by the respondent within M yFloridaMarketPlace. The respondent agrees that the action of e!ectronically submitting its response constitutes: . an electronic signature on the response, generally, . an electronic signature on any fonn or section specifically calling for a signature, and . an afIinnative agreement to any statement contained in the solicitation that requires a definite confirma~ion or acknowledgement. 4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: . Technical Specifications, . Special Conditions, . Instructions to Respondents (PUR 1001), . General Conditions (PUR 1000), and . Introductory Materials. The Buyer objects to and shall not consider any additional tenus or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submiUing its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply "ith terms and conditions, including those specifying infonnation that must be submitted with a response, shall be grounds for rejecting a response. S, Questions. Respondents shall address all ql.lestions regarding this solicitation to the Procurement OfficeL Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timcline. Questions shall be answered in accordance with the TimeIJne. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall nol be bolllld by any verbal infonnation or by any written infonnation that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute fannal protest ofthe specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 6. Conflict of Interest This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shaH also disclose the name of any State employee who Olims, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. PUR 1001(3/04) Page 2 of 6 - 285 - . ..~ .... . .. ... ,-- ".-. ...- .-" ..... , . """,'."~- - --.,..- "'---". .....". . 7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: . submitting a bid on a contract to provide any goods or services to a public entity; . submitting a bid on a conlr".lct with 2. public entity for the construction or repair of a public building or public work; . submitting bids on leases of real property to a public entity; . being awarded or performing work as a contractor, :supplier, subcontractor, or consultant under a contract with any public entity; and . transacting business with any public entity in excess of the Category Two threshold amount ($25,OOO) provided in section 287.017 ofthe Florida Statutes. 8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: . submit a bid on a contract to provide any goods or services to a public entity; . submit a bi d on a contract with a public entity for the construction or repair of a public building or public work; . submit bids 011 leases of rea! propeliy to a public entity; . be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract \>I'ith any public entity; or . transact business with any public entity. 9. Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation ofwby it cannot do so). . The respondent is not currently under suspension or debarment by the State or any other governmental authority. . To the best of the knowledge of the person signing the response, Ihe respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and bave not in the last len (IO) years been convicted or found liable for any acl prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. . To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. . The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any finn or person to submit a complementary or other noncompetitive response. . The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or p01ential respondent; neither the prices nor amounts, actual or approximate, have been PUR 1001(3/04) Page 3 of6 - 286 - "h"'""'."" ...."oocn..",,"" .. ,_~. . disclosed to any respondent or potential respondent, and they will not be disclosed before the: solicitation opening. . The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws witb respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. . Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director. 1illIIIager, auditor, or position involving the administration offedernl funds: 0 Has within the preceding three years been convicted of or had a civil judgmenr rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or conunission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or 0 Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. . The product offered by the respondent wi]] conform 10 the specifications without exception. . The respondent has read and understands the Contract terms and conditions, and the submission is made in confonnance with those tenus and conditions- . If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is fanned with the State. . The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent willi any of1he statements and representations made in the response. . The respondent shall indemnify, defend, and hold hannless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. . All information provided by, and representations made by, the respondent are material and important and will be rclied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid_ A misrepresentation shall be punishable under law, including, bul not limited. to, Chapter 817 of the Florida Starutes. 10. Performance Qualifications. The Buyer reserves the right to investigate or iIlspect at any time \.vhether the product, qualifications, or facilities offered by respondent meet PUR 1001(3/04) Page 4 of6 - 287 - ...... "..,,- the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of experience. ability, an.d financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. lfthe Buyer detennines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, bllt should the Buyer elect to do so, respondent is not relieved trom ful1illing all Contract requirements. 11. Public Opening, Responses shall be opened on the date and at the location indicated on the Timeline. Respond~llls may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 1l9.07(3Xm), Florida Statutes. AJiy person requiring a spec.ial accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please conlact the Buyer by using the Florida Relay Setvice at (800) 955.8771 (TDD). 12. Electronic Posting of Notief of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at h1to://fcn.state.f1.uslowa. vbs/owalvbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 13. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, dluing which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain fIrm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn- Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 14. ClarificationsfRevisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested iniormation may result in rejection of the response. 15. Minor Irregularities/Right to Reject. The Buyer reser/es the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, PUR 1001(3/04) Page 5 of6 - 288 - .....".,....e',."....c.. technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the wlicitation documents. 16. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer lUltil the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work perfonned before the Contract is effective. 17. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplicati.on between agreements in the manner the Buyer deems to be in its besl interest. 18. Public Records. Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including the word "Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including lhe specific statutory citation for such exemption. 19. Protests, Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287_042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement OfflCer shall not constitute fonnalllotice of a protesL It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Cude require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F .S. requires the following statement to be included in the solicitation: "failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida StaOites." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "failure to file a plot est within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constib1te a waiver of proceedings under Chapter 120, Florida Statules." PUR 1 001(3/04) Page 6 of6 - 289 - 2.00 Special Instructions to Respondents 2.01 Definitions. "System" means the State's MyFloridaMarketPlace eProcurement system. See the General Contract Conditions (PUR Form 1000) for definitions of "Contract," "Customer," "Product" and ..Purchase order." See the General Instructions to Respondents (PtJR Form 100]) for definitions of"Bllyer," .'Procurement Officer," Respondent," "Response" and "Timeline." 2.02 GenenJ IWitruction. The Respondent shall read all of the solicitation documents and comply with all specified requirements. Refer ALL lnquiries to: David A. Bennett Purchasing Analyst, State Purchasing Department of Management Services 4050 Esplanade Way, Suite 370 Tallahassee, FL 32399-0950 (850) 921-4072 (850) 488-5498 (facsimile) bennetd(aldms .state. t1. u s 2.03 Terms and Conditions. All responses are subject to the terms of the following sections of these solicitation documents, which, in case of conflict, shall bave the order of precedence listed: Special Instructions to Respondents (Section 2); Technical Specifications (Section 3); Special Conditions (Section 4); General Contract Conditions (PUR Form 1000) and General Instmctions to Respondents (PUR Form 1001). The Department of Management Services (Department) may consider any additional terms or conditions submitted by a Rt:t\pondellt, including any appearing in documents attached as part of a Respondent's response. In signing Bnd submitting its response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.04 Eligible Users of Contract. All Florida government entities are considered Eligible Users of the Fuel Card Services contract. This includes, but is not limited to, the Executive Brauch, Legislative Branch, Judicial Branch, K-12, universities, community colleges, counties, cities, and other emities approved by the Department of Management Sen'ices. V{ith the consent of lhc successful Respondent, purchases may be made und(:r the terms and conditions ofrhis solicitation by governmental entities located outside thc State of florida. Fuel Card Services Contract 973-163.06-] Page I of9 Section 2.00; Speciallnstrnctions to Respondents - 290 - Appropriate governmental entities' purchasing Jaws, rules and regulations shall apply to purchases made under this COl1tract. Also, with the consent of the successful Respondent, purchases may be made under the terms and conditions of this solicitation by vendors providing corrunodities and contractual services to Eligible Users, under The condition that Fuel Card Services are being used in the delivery of commodities and contractual services to Eligible Users. 2.05 Who May Re5pond. The Department will accept responses from Fuel Card Service providers satisfying the Technical Specifications (Section 3). Respondents must be fun-service organizations capable of providing, documenting and managing Fuel Card Services for all Users in the State of Florida. The Department retains the right to request additional infoffilation pertaining to the Respondent's ability and qualifications to accompTi~h all services described in this ITN as deemed necessary during the ITN or after contract award. Failure to supply this information if requested may result in disqualification of your response. 2.06 MyFJoridaMarketPlace ITN Overview. The Department uses the MyFloridaMarketPlace system 10 receive bids electronically, See "Section 3" of the General Instructions (PV'R 1001) for more detail. 2.07 MyFloridaMarketPlace Sourcing Tool Tips. When working in the Sourcing tool, be aware of the twenty minute time-out function in the tool. This means that you should save your work (click the SA VB button) at intervals of less than twenty mlllUles to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing 1001 only saves your ITN responses. The SAVE button does not transmit your JTN response to the State. In order to transmit your !TN response to the Stale, yau must click the SUBMIT button on the SUMMARY page of the ITN response. After clicking the SUBMIT button, it is the Respondent's responsibility to check any submined. response within the Sourcing tool to verify that the response is accurately and completely captured within the Sourcing tool. Respondents must do this while there is sufficient time remaining in the Solicitation period in the event you discover an error and need to resubmit a revised response. To validate your response, you should do the following before the Solicitation period ends: _ Go to My Responses tab within Sourcing tool after you submitted your response _ Cli~k on the Response ID number of your last submitted response _ Review your response to make sure all responses are complete, accurate and as you intended. Minimum areas to check are: . Text boxes - Is your entire answer viewable? . Yes/No questions -Is the displayed answer correct? Fuel Card Services Contract 973-163-06-1 Page 2 of9 Section 2.00: Special Instructions to Respondents - 291 - . All uploaded document files / scanned documents - Can you open attached document and clearly view entire content? . Pricing Information - Are all prices you intended to submit visible and accurately captured within Sourcing tool? . Required Items - Are all items completed as required within the Sourcing 1001? It is strongly reeommended that you do not wait untillhe last minute to upload and validate your response to this or any solicitation. 2.08 ElOail Notification. Respondents are reminded thaI the Sourcing tool's email notifications are an option provided as a courtesy. The State of Florida is not under any obligation and does not guarantee that Respondents will receive emaiJ notifications concerning the posting. amending or closing of lTNs. Respondents are responsible for checking the MyFlorida1Y.1al'ketPlace Sourcing tool andlor the Vendor Bid System for information and updates concerning this !TN. 2.09 MFMP Sourcing Tool Training for Respondents. .<\n optional conference call training session on how to use the MyFloridaMarketPlace Sourcing Tool for this 1m is scheduled on the date indicated on the Event Calendar. Please go to: httD://marketolace.mvflorida.com/vendor/vendoI solicitation/rro event user fluide:ODS and review the vendor training link and download the document. Please have this document open on your desktop while participating on the call. To participate in the conference call, please call in to the number provided approximately I minute before the scheduled time. Additionally, an On-Demand web.based interactive training application to learn how to respond to an event using the MyFJoridaMarketPlace sourcing tool is also available. This is another vehicle to receive training on how to use MyFloridaMarketPJace Sourcing tool if you cannot make the Optional training conference call or want additional guidance. The link is htto:!/rnarketplace.mvilorida.comlvendorivendor rraininlZ.htrn click on Responding to Sourcing Event. 2.10 Ordering Instructions. Ordering Instructions included in the sourc.ing tool shaH identify persons responsible for answering questions about the Response and administering the resulting Contract and shall provide infonnation necessary for placing orders lmder the Contract. 2.11 Amendments to the Solicitation Documents. The Department reserves the right to issue amendmems to thc solicitation. Notice of any amendment will be posted within MyfloridaMarketPlace using the message board and the Vendor Bid System_ Such notice, if required. will contain the appropriate details for identifying and/or reviewing the fonnal Fuel Card Services Contract 973-163-06-1 Page 3 of9 Section 2.00: Special Instructions to Respondents - 292 - ",_.. .........." '"<" changes to the solicitation. Each Respondent is responsible for monitoring the sites for new or changing information concerning this solicitation. 2.12 Questions & Answers-. Respondents shall examine this solicitation to determine if the Department's requirements are clearly stated. If there are any requirements which are unclear or may restrict competition, Respondents should submit notice to the Department during Stage] using the Sourcing tool's Q&A Board by due date tor Respondents to submit questions listed in the Event Calendar. Do not contact the purchasing Analyst or Customers directly. Within the submitted question, Respondents must do the following: 1. [dcntify and describe in detail their difficulty in meeting the Department's specifications 2. Pro.ide detailed justification for a cbWlge 3. Provide rcooromended changes to the specifications A Respondent's failure to request changes by the date described in the Introduction (Section 1) of this solicitation shall be considered to constitute Respondeat's acceptance of the Department's specifications_ The Department shall determine wbat changes to the solicitation shall be acceptable to the Department, if any. If required, the Department shall issue an addendum reflecting the acceptable changes to this solicitation, which shall be posted as an addendum to the solicitation in the Sourcing too! and on the State's Vendor Bid System in order that all Respondents shall be given the opportunity of submitting responses to the same specifications. Please nOle that question:; will NOT be answered via telephone or fax. The Department shall post the answers to the questions via the System by the date stated on the Event Calendar. Each Respondent is responsible for monitoring the System for new or changing information. New communications will be posted within me Message Center on the System. The Depar1ment shall not be bound by any verbal information or by any written information that is not either contained within the soiicitation documents or fonnally noticed and issued by the Purchasing Analyst. Questions shall not constitute formal protest of the specifications or of the solicitation. The formal protest process is described in PUR Forro 100 I (Section 19) of this solicitation. 2.13 Execution of Response. The response shall include all appropriate forms located within the MyFloridaJ\i(arketPlace Sourcing tool RFX Info Section. Requested question responses location choices and pricing shan be entered electronically in the MyFloridaI\ofarketPlace tool during Stage ] and 2 of this solicitarion as indicated. Failure to provide all requested inforrn.3tion within the response package may result in rejection of the response. 2.14 Submittal of Response. Respondents will submit their response via the MyFloridaMarkelPlace Sourcing tool in the System. In the event a Respondent submits more than one response, only the last response received by the system shall be considered for award. Responses not submitted within the System shall be rejected. Each Respondent is responsible for ensuring that its response is submitted at the proper time. The Department shaIJ not consider late responses and the System will NOT accept responses after the due date and time specified in the Event Calendar or as amended by the Department. RESPONSES MUST .BI!: SUBMITTED IN THE MYFLORIDAMARKETPLACE SOURCING TOOL BY THE DATE SPECIFIED ON THE EVENT CALENDAR Fuel Card Services Contract 973-163-06-1 Page 4 of9 Section 2.00: Spc:ciaL InstT1lClions to Respondents - 293 - -........-..,.,. ..... 2.15 Firm Responses. The Department may make an award within six (6) months after the date of response opening, during which period responses shall remain fiun and shall not be withdrawn. If award is not made within six (6) months, a response shall remain finn until either the Department awards the Contract or the Department receives from the Respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. 2.16 Response Opening and Electronic Posting of Notice ofIntended Award. Responses shall be opened on the dates indicated in the Event Calendar and thereafter evaluated. Respondents may, but are not required to, attend. Prices will not be read, pursuant \0 section 119.07(3)(m) of the Florida Starutes. After review, the Department shall electronically post a notice of intended award at: http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the award is delayed, in lieu of posting the notice on the date indicated on the Event Calendar, the Department shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Department a notice of protest within 72 hours after the electronic posting (see PUR Form 1001. Section 19, ofmis solicitation). The Department shall not provide response rankings or notices of award by telephone. 2.17 Contract Formation, No contract shall be formed between Respondent and the Department until the Department signs the Contract. The Departmem shall not be liable for any costs incurred by a Respondent in preparing or producing its response or fOT any work performed before the Contra-.:t is effective. 2.18 Special Accommodation, Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If you are hearing or speech impaired, please contact State Purchasing by usil1g the Florida Relay Service at (800) 955-8771 (TDD). 2.19 Contact Information. Respondents shall identify the person responsible for establishing and adminislering specific agreements with Eligible Customers under the tenus of this Contract in the Contact Person section of the MyFloridaMarketPlace RFX Info Section, 2.20 Reservations. The Departm<;:nt reserves the right to reject any and an Responses received pursuant to this Invi.tation to Negotiate, if the Department deteunines such action is in the best interest of the Stare of Florida or the Department. The Department reserveli the right to negotiate concurrently or separately with competing Respondents. The Department reserves the right 10 accept portions ofa competing Respondent's Responses and merge such portions into one project, including the inclwlon of the entity offering such portions. The Department reserves the right to waive minor irregularities in submitted Responses. Fuel Card Services Contract 973- .163-06-1 Page 5 of9 Section 2.00: Special Instructions to Respondent.> - 294 - .., . ".," -"".'. 2,21 Oral Presentation. The Department reserves !he right to require any Provider to perform, prior to the selection of Provider(s), an operational demonstration and, an om.! presentation on any hardware, software or professional seIVices included in its Response. If tht: Ikpartment determines that an operational demonstration and oral presentation are necessary, the Department shall schedule the pre:sentation A written summary of the operational demonstration and oral presentation prepared by the Provider shall be regarded as confumation of this requirtrnent and shall become part of the Respondent's response. A list of attendees and copies of the Hgenda and all visuals should accompany the written sumnmy. The inability of the Respondent to conduct the operational demonstmtion and ora1 presentation within ten (l0) days of written notification by the Department will result in disqualification. The Provider(s) project manager(s) assigned to this Response must be present at the operational de;nonstmtion and oral presentatiOI1- 2.22 Disclosure of Response Contents. All documentation produced as part of the Invitation to Negotiate will become the exclusive property of tlle Deputrnent and may not be removed by m employee or agent of the Respondent. All Responses received from Respondents in response to this Invitation to Negotiate win become the property of the Department and ""ill not be returned to tile Respondent. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any Response nx:eived in response to this Invitation to Negotiate. Selection or rejection of a Response will not affect this right. 2.23 Financial Information, The Respondent shall provide infonnatioll detailing its financial position as well as the financial position of any related companies. At a miliimillll, the infOImation shall include the most recent audited financial statements, in accordance with Generally Accepted AccoWlting PrirK:iples and not be more than twelve months old. The most recent available Dunn and Bradstreet or eqllivalent reports on the Respondent, its partners, and sub-contractors shall be provided. 2.24 State Objectives (rev. 07/28/04). Within thirty (30) calendar days following award of the contract, the successful bidder shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items/services covered by this solicitation. 1) One Florida Initiative: Florida is a state rich in its diversity. Governor Bush's One Florida Initiative is dedicated to fostering the continued de..'elopmcnt and economic growth of small and minority and women-owned businesses. Central to this initiative is the participation of a diverse group of vendors doing business with the srate. To this end, it is vita] that minority and women,owned business enterprises participate in the State's procurement process as both prime contractors and subcontractors under prime contract<;. Small and minority and women-owned businesses are strongly encouraged to submit replies to this solicitation. To track the success of the One Florida lnitiativc, which has achieved substantial gains in ex,ending opportunity to minority- and women-owned businesses, the State of Florida maintains data to establish Fuel Card Services Contract 973-163-06-1 Page 6 of9 Section 2.00: Special Instructions to Respondents - 295 - .. .. ,.n .",-.'-" "'''.','' , ....".... benchmarks from which to measure supplier diversity in State contracting. Vendors who contract with the state are obligated to provide information related to the use of minority- and women-owned businesses and subcontractors. The Contractor shall submit documentation addressing the Governor's One Florida Initiative and describing the efforts being made to encourage the participation of small and minority and wornen- owned busines..,es. Please refer to the Governor's "Equity in Contracting Plan" when preparing this documentation: hUD :/IW\vw.oneflorida.orwrn vt1ori.daJ governmentl govemorinitiatives/one fl oridalequity contract ing.html Equity in Contracting docwnentation should identify any participation by diverse contractors and suppliers as prime contractors, sub-tontractors, vendors, rescUers, distributors, or such other participation as the parties may agree. Equity in Contracting documentation shall include the timely reportiI)g of spending with certified and other minority busin~s enterpnfle3. Such reports must be submitted at least quarterly Wld include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasillg agency ordering under the terms of this contract. 2) Environmental Considerations: The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit !IS part of any proposal the Contractor's plan to support the procurement lIf products and materials with recycled conlent, and me intent of Section 287.045. Florida Statutes. The Contractor shaII also provide a plan for reducing and or handling of any hazardous waste generated by Respondent company. Reference Rule 62-730.] 60, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that ex:ceeds a certain threshold must have a valid and current Hazardous Wastt:: Generator Identification Numbe:r. This identification number shall be submitted as part of Respondent's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3) Certificati!JD of Drug-Free Workplace Program: The State supports and encourages initiatives to keep the workplaces of Florida's suppliers and contractors drug free. Section 287,OH? of the Florida Statutes provides that, where identical tie proposals are received, preference shall be given to a proposal received from a Respondent that certitles it has implemented a drug-free workforce program. If applicable, Respondent shall certify that the Respondent bas II drug-free workplace program. The Contractor shall describe how it wiJl address the implementation of a drug free workplace in offering the items of bid. 4) Products Available from the Blind or Other Handicapped (RESPECT): The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that lire the subject of, or required to carry out, this contract shall be purchased frorn a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under t.1e same procedures set forth in Section 413.036( I) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the pro':isions of this contract shall be deemed to be substituted for the state Fuel Card Services Contract 973-163-06-] Page 70f9 Section 2.00: Special Instructions to Respondent'; - 296 - agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers IS available at hltO:/ I www.respectoffIorida.org. The Contractor shall describe how it will address the use of RESPECT in offering the items of bid. 5) Prison Rebabilitative Industries and Diversified Enterprises, Inc. (PRIDE): The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of. or required to carry QUI, this contract shall be purchased from the cOlporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section ~(2), and (4), F.S.; and for purposes of this contract the person, finn, or other business entity carrying out the provisions of this contract shall be deemed 1.0 be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at htto:/!wWVI.pridefl...:om. "lbe Contractor shall describe how it will address the use of PRIDE in offering the items of bid. :2.25 Response Evaluation and Selection Process, A. In determining whether to select or reject a Response, the Department will consider and balance all information submitted in response to this ITN, including information presented dwing oral presentation; and to ulis extent, each requirement [or solicited infonnation is an evaluation criterion, Responses that do not contain all the required infonnation will be considered non-responsive and will be rejected. In its a5sessment of submitted Responses, the Department will analyze the infl.lIIIllition submitted in relation to the information requirements and evaluation criteria of this 1TN, the applicable provisions of the Florida Statutes, and the Florida Administrative Code, and will compare each Response to the other Responses submitted and rank those Responses that are responsive and responsible. The Department may then select one or more Responses for further consideration, or may reject all Responses. B. Selected Provider(s) will be invited to provide more detailed clarifications of their Responses, to provide interactive presenlations of the Responses, and to enter into preliminary negotiations with the Department. Based on the clarifications. presentations, and preliroirmy negotiations, the Department will further evaluate each of the selected Responses by major category and solution component areas consistent with the ITN. e The Department may then, after ranking each ofthe major category and solution components, select the lIlost-worthy components lor further negotiations, or the Department may reject all Responses. The Department reseIVeg the right to accept components of competing Responses and merge such components into one project. D. Based on the Response evaluation process and the clarification and preliminary negotiation process, the Department will enter into negotiations starting with the best-ranked Provider and may select components from different Responses to achieve the best solution for the Department and the State. The focus oflhe negotiations will be on achieving the best, most cost.effective, reliable, and efficient solution. The Departmenl reserves the right to negotiate conctL.-rently or separately with competing Provider( s). Fuel Card Services Contract 973-163-06-1 Page 8 of9 Section 2_00; Special Instructions ro Respondents - 297 - 2.26 Evaluation Criteria for Stage 1. A. Respondent's Business History, Experience, and Organization- I. Experience of the Respondent and the extent to which the Response illustrates the Respondent's project UIldeffitanding, and prior experience (both government and non-government) for projects similar in type, size, and complexity as the Florida Fuel Card Services Program. 2. The Respondent's ability demonstrated through its organization, its technical and managerial qualifications and skills, the staffing level proposed, its facilities, and oilier resources available to satisfy the Florida Fuel Card Services Program and application service requirements proposed. B. Respondent's Solution and Response to D'N- L The extent to which the Response presents a comprehensive, coherent, consistent, and workable plill1 for timely deploying the Florida Fuel Card Services Program consistent with the requirements ofthi.s !TN, induding an assessment of the deliverablcs and services proposed. 2. The capability, reliability, and wc"ability of the technology (hardware and software) proposed for the Florida Fuel Card Services Program. 3. An lltisessment of the Response's implementation long-term (five year minimum) operation, maintenance, training and management program for the Florida Fuel Card Services Program. C. Retailer Acceptance (Fuel Card CO'lerage)- 1. Provide a list of all Retailers who accept your card. This list should provide sufficient coverage of Fuel Retailers accepting the Fuel Card in the State of Florida. Separate and identify Retailers by type oflleet: Vehicle, Marine and Ai.rcraft. 2. Provide a list of all alternative fuels retailers who accept your card. 3. Provide your company's process for adding new Fuel Retailers, to include Alternative Fuel Retailers, for each type of fleet. 2.27 Evaluation Criteria for SUge 2. Evaluation Criteria for State 2 will be provided prior to Stage 2. Fue! Card Services Contract 973-163-06-1 Page 90f9 Section 2.00: Special Instructions to Respondents - 298 - 3.00 Technical Specifications Contents 3.01 DefmitiollS 3.02 Scope ofWark 3.03 Fuel Card Services Minjmum Requirements Fuel Card Fuel Card Retailer Acceptance Fuel Costs Immediate Use Vehicle Accessories Eligible User Accounts Fuel Card Reader Equipment at State and Eligible User Sitc~ 3.04 Fuel Markup Decrementa! Fuel Markup Fuel Districts Fuel Locations Optional Fuel Product Management at State and Eligible User Sites 3.05 Fuel Specifications 3.06 Contract Deliverables Emergency Plan Project Management Professional Certification Implementation Plan Training Plan Marketing/Outreach Plan (to include other Eligible Users) Conference Room Pilot (requirements Gathering) Minori ty Reports District Map 3.01 Definitions. "Agency Agreement" is the established agreement between the Eligible User and the Contractor, using this Contract. "Fuel" shall mean any Fuel product obtained through use of the Fuel Card. Fuel product shall include all grades of unleaded gasoline (unleaded; unleaded plus or mid-grade; and premium or super unleaded) and fuel oil (on road diesel and off road diesel) to be used in State <md Eligible User vehicles and equipment where Fuel monitoring requirements are necessary. Fuel product may also include gasoline and fuel oil used in State and Eligible User Marine Fleets and/or Aircraft Fleets at Marinas and/or Airports where the Conuactor's Fuel Card is accepted. When the State deems necessary, Fud product may also include alternative Fuels in certain areas of the State ofFlorida where available. "Fuel Card" shall mean the card issued to St~te and Eligible Users for the purchase of fuel and Immediate Use Vehicle Accessories. Fuel Card Services Contract 973-163-06-1 Page I of 10 Section 3.00: Technical Specifications - 299 - ..,... "."."..,......."....."" .w,... "Fuel Card Services" shall mean providing services as described in chis solicitation and as established in the Contract, ifany. "Fuel District" shall mean the districts as identified in the Appendix included in this section of the solicitation documents, entitled District Map, and as more particularly detailed in section 3.04. "Fuel Locations" shall mean the type of locations where Fuel is available, as more particularly detailed in section 3.04. "Immediate Use Vehicle Accessories" shall mean any commodity and/or service, other than fuel. These conunodities ami/or services mll:lt be installed and/or performed on the Eligible User's vehicle Br the time of purchase. "Fuel Markup" shall mean the Contractor's price to cover.all costs associated with providing Fuel Card Services for the purchase of fue! product only, and as more particularly detailed in section 3.04. "OPIS" shall mean the Oil Price Infonnation Service, an industry benchmark for pricing Fuel. 3.02 Scope of Work. This Contract is to provide a Fleet fuel Card program for Vehicle Fleets owned by state agencies and Eligible Users in the State of Florida. This will include the purchase of Fuel and any commodity and/or service for immediare me by the Eligible User to maintain daily operation of their vehicle fleet. Also, the Fuel Card may be used at Marinas and/or Airports as allowed for Marine Fleets and/or Aircraft Fleets. The Department seeks to improve quality and efficiency of services delivered, improve Eligible User services and reduce cost. 3.03 Fuel Card Services Minimum Requirements. Fuel Card Services will be available to all Eligible Users in the State of Florida. The Contractor will providE': a Fuel CBrd that is accepted at Fuel Locations throughout the State of Florida for the purchase of Fuel and Immediate Use Vehicle Accessories. Services shall also include conunodities and services to be used during emergency situations as described and priced within this contract's Emergenc}' Plan. The Contractor w.ill provide a detailed description of all Fuel Card Services available to the State and Eligible Users. SelYices shall also include, but not limited to, purchasing controls, reporting options, Jevel 3 detailed transactions, online Eligible User access for reporting purposes and account management, billing and payment options, etc. Contractor shall provide the following, but not limited to, Fuel Card Services: . Fuel Card 0 Issuance and shipping second day mail, by 2pm EST, of Fuel Cards to Eligible Users will be at the Contractor's expense. This includes additional and replacement cards as requi.ed. 0 Fuel Cards will be used for the purchase of Fuel Wld Immediate Use Vehicle Accessories. Eligible Users will be respunsible fOf serring Fuel Card restrictions. 0 Detailed reports will be sent with the Eligible User', invoice. The Eligible User will define the r~qujred detail ofthesc reports. 0 Ability to issue an access number or PIN number for security purposes. Fuel Card SeLVices Contract 973-[63-06-1 Page 2 of I 0 Section 3.00: Technical Specifications - 300 - ...... ..,..... ... ...... -,,,,.,.. -.-.. 0 The Fuel Card Vendor shall provide the Eligible User's tax exempt 10 number with the fuel card at no cost to the Fuel Card Program Eligible Users. . Fuel Card Retailer Acceptance 0 The Fuel Card is built on the Master Card platform and shall be accepted at all location accepting Master Card for the purposes describe within this contract. a Contractor will provide the State with their process for adding new Fuel Retailers for all fleets. . Fuel Costs 0 Fuel costs for Vehicle Fleets in each Fuel District will be determined based on the OPIS Weekly Newsletter terminal average Fuel price for the Fuel product purchased plus the Contractor's Fuel Markup and all applicable taxes and/or petroleum associated fees allowed. One Fuel lenninaJ is assigned to each Fuel District. 0 Fuel costs for Marine Fleets will be detennined based on cost plus the Contractor's Fuel Markup and all applicable taxes and/or petroleum associale;:d fees allowed. 0 Fuel Cosls for Aircraft FIe.elS will be detennined based cost plus the Contractor's Fuel Markup and all applicable taxes and/or petroleum associated fees allowed. 0 The Fuel price for the Fuel product purchased for Vehicle Fleets in each Fuel District will apply to all counties listed in the Fuel District. 0 The Contractor's Fuel Markup shall con lain all costs associated wilh providing the Fuel Card for the purchase of Fuel in each Fuel District, Marina and Airport. 0 All applicable taxes will be exempt from the Fuel costs. This tax exemption will be excluded from the Fuel costs and disclosed on the Eligible User's invoice. . Immediate Use Vehiclt! Accessories 0 The costs of Immediate Use Vehicle Accessories will not be included in determining the Contractor's Fuel Markup. 0 Commodities may include, but not limited to, motor oil, transmission fluid, brake fluid, windshield wiper blades, fuses, tires, etc. These commodities are for immediate use on the Eligible User's vehicle at the time of purchase. These Commodities will be charged at the Eligible User's negotiated price or at the Contractor's Fleet Management discounted price, whichever is less. Commodity purchases outside of the State of Florida may include applicable sales taxe~_ 0 Services may include, but not limited to, car washes, vehicle maintenance, vehicle repairs, lire service, towing etc. These services must be perfonned on the Eligible User's vehicle at the time of purchase. These services will be charged at the Eligible User's negotiated price or at the Contractor's Fleet Management discounted price, whichever is less. Service purchases outside ofthe State of Florida may include applicable sales taxes. . Eligible User Accounts Fuel Card Services Contract 973-163-06-1 page3 of 10 Section 3.00: Technical Specifications - 301 - 0 The Contractor ~hall provide an on-line Account Management system to Eligible Users. These accounts shall be accessible on-line for day to day management and reporting purposes. 0 The Contractor shaJJ provide Account Management Software and training to each Eligible User. This software shall have the same functionality for all Eligibk Users and should interface with the Contractor's on-line system. 0 If deemed necessary by the State, the Contractor shall provide programming, at no charge to the State, for interfacing with the State's accounting system. Currently, the State is using a legacy system called FLAIR. This system wilJ be replaced with a new sysJ;em called Aspire based on the PeopleSo.ft system. 0 Other Eligible Users will negotiate interface programming, to provide compatibility with their accounting system, with the Contractor as required. 0 The Contractor 'shall have an Eligible User service center that has full account management services available between the hours of 7 a.m. and 6 p.m. EST. Monday through Friday except for State holi~ys. 0 The Contractor shall have at [e<lst one Account Representative assigned to the State for the management of the Contract. . Fuel Card Reader Equipment at State and Eligible User Sites 0 Tnstallation of all equipment with Fuel Card reader -:apability will be at the request of the State or Eligible User the cost of which shall be mutually agreed u[Xln between the Eligible User and Contractor. 0 The Fuel Card reader shall capmre Fuel purchase data in the same manner as a Retailer. 0 The Contractor will be responsible for providing all equipment maintenance and software updates as required. The Eligible User will be responsible for providing all electrical connections and data transmission lines as required. 3.04 Fuel Markup. The Contractor shall provide a Fuel Markup to cover all costs associated with the purchase of Fuel products. Fuel Markups may differ by Fuel Districts. The Fuel Markup shall be on a price per gallon basis. The Contractor shall assess no oLher fees associated with Fuel Card Services other than those described within this contract. The costs of Immediate Use Vehicle Accessories will not be included in determining the Contractor's Fuel Markup. Fuel prices from OPlS are listed for terminals, by regions, in reports called a PAD Report. The State of Florida IlSes terminals listed in the PAD 1 Report. The Fu~l Markup will be for the selected terminals as posted in L'Ie PAD I report included in the OPlS Weekly Newsletter. The OPTS average Fuel price will change each week and be in effect Monday through Sunday. Fuel Markups will apply to the purchase of Fuel at Fuel Locations within each Fuel District, Marina and Ailport. Fuel purchases within each fuel District will be invoiced at the same price throughout the Fuel District in the same week. The Fuel Markup for Fuel shalT be based on a price per gallon basis. . Decremental Fuel Markup Fuel Card Services Contract 973-163-06.1 Page 4 of]O Section 3.00: Technical Specifications - 302 - . ",. .".--."," ,.."".-~-, . The Comractor will submit Decremental Fuel Markups in each of the Fuel Districts that will decrease as stated levels of Fuel volume are artained. Fuel volume is equal to the cumulative total gallons afFucl purchased by State and Eligible Users for the entire term ofthe Contract. As stated Fuel volumes are met, the Contractor's Decremental Fuel Markup will become eITective accordingly. Fuel Markups and Decremental Fuel Markups will be submitted for each Fuel District. Decremental Fuel Markups will apply to the tollowing Fuel volumes: 0 20,000,000 gallons 0 40,000,000 gallons 0 60,000,000 gallons 0 80,000,000 gallons DecrementaI Fuel Markups for Fuel volumes beyond those listed will be negotiated on an annual basis. . Fud Districts The State will use Fuel Districts as the basis for determining Fuel costs for Vehicle Fleets based on the following Fuel terminals as listed in tbe OPIS Weekly Newsletter PAD I Report Fuel District Fuel Terminal Western District Bainbridge, GA Northern District Iacksol1ViIle, FL CenlTaI District Tampa, FL Southern District Miami, FL Out of State Closest Fuel Terminal Fuel costs for State and Eligible User vehicles thaI travel outside of the State of Florida will use the closest Fuel terminal as its basis for detennining Fuel cost as listed in the appropriate OPIS Weekly Newsletter PAD Report. Fuel costs for State and Eligible User Marine Fleets and/or Aircraft Fleets will use the closest Fuel terminal as its basis for detennining Fuel cost as listed in the appropriate OPIS Weekly Newsletter PAD Report. The Fuel price used will be the OPIS Weekly Newsletter terminal average Fuel price for the Fuel product purchased plus the Contractor's Fuel Markup and all applicable taxes ~lOdlor petroleum associated fees allowed. . Fuel Locations The Contractor will provide a single Fuel Markup to cover the purchase of Fuel for the following Fuel Locations in each Fuel District as a basis for determining Fuel costs for Eligible Users_ The Fuel Markup may be different in each of the Fuel Districts based on the type oftleet referenced below: .:) Vehicle Fleets - The following Fuel Location applies to State and Eligible User vehicles and equipment where Fuel monitoring requirements are necessary- The Contractor shall provide Fuel Markups for the following Fuel Locations. Fuel Card Services Contract 973-163-06-1 Page 5 of 10 Sec,ion 3.00: Technical Specifications - 303 - . Fuel costs for Vehicle Fleets in the Western, Northern, Central and Southern Fuel Districts will have a single combined Fuel Markup for: . Retailers - All Contractor approved retail fueling stations with Fuel Card reader capability, Also, inGludes businesses that supply any commodity and/or service obtained through use of the Fuel Card, other than Fuel. . Eligible User Sites - State and/or Eligible User facilities that have equipment with Fuel Card reader capability installed by the Contractor. Fuel costs for Vehicle fleets traveling in the Out of State Fuel District will have a single Fuel Markup for. . Out of State Retailers - All Contractor approved Retailers outside of the State of Florida with Fuel Card reader capability. 0 Marine Flcet:; - The following Fuel Location applies to State and Eligible User Marine Craft where Fuel monitoring requirementS may be necessary. The Contractor may provide Fuel Markups for Fuel product to include gasoline and fuel oil used in Marine Craft for the following Fuel Locations. Fuel <;OS[5 for Marine Fleets will have a single Fuel Markup for: . Marina Retailers - All Contracmr approved Retailers at Marinas within the State of Florida as well as outside the State of Florida with Fuel Card reader capability or that accept the Fuel Card. Also, includes Marinas that supply allY conunodity and/or ~ervice obtained through use of the Fuel Card, other than Fuel. 0 Aircralt Fleets - The following Fuel Location applies to State and Eligible User Aircraft where Fuel monitoring requirements may be necessa.ry, The Contractor may provide Fuel Marlrups for Fuel product to include gasoline and fuel oil used in Aircraft for the following Fuel Locations. Fuel costs for .A.ircraft Fleets will have a single Fuel Markup for: . Airoort Retailers - All Contractor approved Retailers at Airports within the State of Florida as well as outside the State of Florida with Fuel Card reader capability or that accept the Fuel Card. Also, indudes Airports that supply any commodity and/or service obtained through use of the Fuel Card, other than Fuel. . Optiona[ Fuel Product Management at State and Eligible User Sites Upon mutual agreement between the contract user and Contractor, the Contractor may provide fue[ product management at State and Eligible User sites. The cost for this service shall be mutually agreed upon between the Eligible User and Contractoe The site shall be those for which Fuel Card reader capabilities equipment has been installed This indudes, but is not limited to, the monitoring of Fue] levels, ordering and/or delivering Fuel, etc. This service also includes the use of equipment and tools, and all services and responsibilities prescribed or implied which are necessary for the complete performance by tbe Contractor of its obligations under the Contract. State and Eligible Users wil1 not be charged for Fuel stored at these sites. State and Eligible Users will only be charged for Fuel dispensed into their Vehicle Fleet. 3.05 Fuel Specifications. Fuel Card Services Contract 973-163-06-1 Page 6 ofl 0 Section 3.00: Technical Specifications - 304 - .." These specifications apply to all Fuel products which are supplied by the Contractor to an Eligible User Site that have equipment with Fuel Card reader capability installed by the Contractor. The Contractor will supply Fuel per the following specifications: . Unleaded - Gasoline, unleaded, antiknock (octane) index minimum 87 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, per AS.T.M. specification 04814, complying with state of Florida gasoline inspection laws. . Mid-Grade Unleaded - Gasoline, unleaded, antiknock (octane) index minimum 89 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, and volatility class suitable for Florida at time of scheduled use, per A.S. T.M specification D4814, complying with state of Florida gasoline inspection laws. . Premium Unleaded - Gasoline, unleaded, premium, antiknock (octane) index minimum 91 (RON + MON)/2, maxinnun allowable lead 0.05 gram per gallon, per A.S.T.M. specification D48l4, complying with stale of Florida gasoline inspection laws. .. Diesel. on, diesel fuel, grade no. 2-D low sulfur fuel (.05 maSS % sulfur, 40 centane min.), for use in over the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-Z.OOL 3.06 Contract Deliverables. Emergency Plan Within thirty day of contract signing, the Contractor and the State shall jointly develop an Emergency Plan. The Fuel Card Services Contract allows for the purchase of commodities and services that are necessary to execute the Emergency Plan. These purchases shall include the use of equipment and tools, and all services and responsibilities prescribed or implied which are necessary for the complete perfonnance by the Contractor of its obligations under the Emergency Plan. This Plan shall include but not be limited to: . Conunodities and services, to include pricing, available to Eligible Users during emergencies. . An assessment of risks . Operational assignments (Who docs what, when and how) . Procedures for Emergency n01ification (How do we tell people there's a problem?) . Procedures for activation in the event of an emergency situation in order to protect and/or recover critical assets and functions. . Procedures for Emergency Plan testing . Procedures for an annual review, updating, altering and re.writing that results in a document that is fully functional and operational. Project Management Professional Certification Within fifteen da.ys of contract signing. the Fuel Card Vendor shall have a certified Project Management Professiona.l (PMP) leading the implementation of the State's Fuel Card Program. This certification must be obtained through the Project Management Institute (PMl). lmplementation Plan Fuel Card Services Contract 973-163-06-1 Page 7 of! () Section 3_00: Teclmical Specifications - 305 - .. '-,'- . -......" Within the first forty-five days of contract signing, the Fuel Card Vendor and the State shall jointly develop a detailed Implementation Plan. This Plan shall include but not be limited to: 1. Development of a critical path for the project 2. Detennining Start and Completion Dates 3. Development of goals 4. Development of objectives for each goal 5. Development ofacliviti~ for each objective 6. Determining individuals responsible for each activity 7. Development oftimelines for each activity 8. Development of a list of potential barriers and a plan to overcome them. Training Plan (Instructor led, online and train the trainer) Within ninety days of contract signing, the Fuel Card Vendor and the State shall jointly develop a Training Plan. This Plan shall provide for but not be limited to: I. Defining the purpose of the training and target audience 2. Detennining participants' needs (Instructor led, Online, and Train the trainer) 3. Defining training goals and objectives 4. Outlining training content 5. Develop instructional activities 6. Prepare [he written training design 7. Prepare participant evaluation fonn(s) 8. Determine follow-up activities for the evt:nt Marketing/Outreach Plan (to include other Eligible Users) Within the first Dinety days of contract signing, the Fuel Card Vendor and tl)e State shall jointly develop a detailed a Marketing/Outreach Plan to all Eligible Users of the Fuel Card Contract. Conference Room Pilot (requirements gathering) Before any agency is brought into the new Fuel Card Program, the Fuel Card Vendor and the State shall develop and execute a Conference Room Pilot. Conference Room Pilot shall be defined as a period of four I-day working sessions, or other schedule a9 agreed, the purpose of which is to review and refine the proposed business processes. During the Conference Room Pilot fleet card, purchasing a..,d accounting representatives from various State agencies wil.l be invited to review and comment upon the proposed processes. Minority Reports In order to support Executive Order 98.21, within 60 days of contract signing, the Fuel Card Vendor shall develop an e.lectronic means of reporting MBE purchases. Executive Order 98-21 directs state agencies to increase the panicipation of certified minority business enterprises (MBE) and women business enterprises (WBE) in state procurements. MBE/WBE certification Fuel Card Services Contrac[ 973-163-06-1 Page 8 of 10 Section 3.00: Technical Specifications - 306 - -, ..~". by the Slate of Florida, Office of Administration, Office of Equal Opponunity is required to be considered an Eligible MBElWBE in meeting participation goals. fuel Card Services Contract 973-163-06-1 Page 9 oflO Section 3.00: Teclmical Specifications - 307 - Appendix W DISTRICT l\'lAP ~~- ~. ~{Z3 _I~ s \ a::u.n -I \, 11 .' ,.;,iP'>>/" . , WESTERN NORTHERN CENTRAL SOUTHERN Escambia Oi1chri~t Citrus Glades Santa Rosa AJachua Sumlt'r Martin Okaloos1l. Union Lake Hendry Walton Bradford Hernando Palm Beach Holmes Baker Seminole Collier Wa~hing(oll Nassau Orange Broward Bay Duval Pasco Monroe Jackson Clay Pinella. Dade Calhoun Putnam H ilIsborough Gulf 51. Johns Polk Li berty Flagler Osceola Franklin V olusia Brevard Gadsden Marion Indian River Wal<ulla LeV'J Manalee Leon Hamillon Hardee ] effcrson Columbia Highlands Taylor Suwannee Okeechobee Madison SI. Lucie La Fayette Samsola Dixie De;;o\o Charlane Lee Fuel Card Ser>1ces Contract 973-163-06-1 Page 10 of 10 Section 3.00: Technical Specifications - 308 - 4.00 Special Conditions Contl!.Qts 4.01 Overview 4.02 Performance Standard 4.03 Fuel Locations and Accessibility 4.04 Maintenance 4.05 Removal of Equipment 4.06 Invoicing and Payment 4.07 OPIS Newsletter 4.08 Taxes 4.09 Fines, Citations, Damages 4_10 Pennits 4.11 Agency Agreement 4.12 Alternative Fuels 4.13 Silence of Specifications 4.01 Overview. The following are basic business and liafely requirements associated with the Contract. 4.02 Performance Standard. The Contractor shall meet all perfonnance standards set forth in this Solicitation. The Contractor shall warrant that all work perfoJTI1ed hereunder complies with customary, reasonable aud prudent standards ofperfonnance in the industry and shall perfonn all services in a professional manner. 4.03 Fuel Locations and Accessibility. Contractor shall provide Customers a listing of all Contractor approved Retailers as well as other applicable Customer sites available with Fuel Card reader capability as defined in Section 3_ Contractor approved Retailers should be widely accessible in each COilllty in the State of Florida. Contract Customers may be able to fuel their vehicles at other Customer sites as allowed by the Customer. Contractor will provide updated lists of all Contractor approved Fuel Locations as necessary andlor as n::quested by Customers. 4.04 Maintenance_ The Contractor shall maintain all installed equipment with Fuel Card reader capability in good working order for the duration ofthc Contract. Fuel Card Services Contract 973-163-06-1 Page 1 of 3 Section 4.00: Special Conditions , i i - 309 - 4.05 Removal of Equipment. The Contractor shall remove all Contractor illstalled equipment (Fuel Card readers) in the event the Customer no longer requires it. The property shall be restored to its original oondition and match the condition at the time of removal. The Contractor shall bear all costs associated with this removal and/or restoration. 4.06 In....oicing and Payment. Invoices shall be submitted monthly to the Customer or as agreed upon in the Agency Agreement. The Contractor shall submit invoices for Fuel and/or Immediate Use Vehicle Accessories in sufficient detail for a proper pre-audit alld post-audit in accordance with section 287.058 of the Florida Statutes Invoices shall be submitted lIS stipulated in the Customer's Agency Agreement The Customer agrees that payments to the Contractor will be made in accordance with Florida Statutes. 4.07 OPIS Newsletter. The Contractor will provide a paid subscription for the weekly OPTS Newsletter (52 issue:i/year), including the PAD 1 Report, to the Department's Contract Administrator throughout the term of the contract. 4.08 Taxes. Invoice FueI prices are not to include any State of Florida audlor Federal taxes from which the State and/or Customer is exempt. Also, invoices should be exempt from Florida State sales tax on Immediate Use Vehicle Accessories as allowed. 4.09 Filles, Citations, Damages. The Contractor agrees to be solely and financially responsible for any and all fines, citations and or damages levied by local, state or federal regulators against the Department for inc.idents resulting from non-compliance relating to regulatory violations and/or negligence on the part of the Contractor including, but not limited to, spills, leaks, injuries to the environment, injuries to humans or property damages. The Contractor shall be solely responsible for any and all cost, expenses, attorneys' fees or travel incurred by the Department relating to such violations or negligence. 4,10 Permits. The Contractor shall comply with all applicable rules, regulations and ordinances. The Contractor maintains the sole responsibility to obtain all construction permits from the local appropriate code enforcement agencies, or the delegated authority 10 issue such permits. A copy of any and aJl permits shall be sent 10 the Customer immediately upon the Contractor obtaining same. Permits shall be posted in a readily visible location accessible to the code enforcement inspectors- Permits shall be obtained by the Conrractor before any WOI:k can commence. Fuel Card Services Contract 973-163-06-1 Page 2 on Section 4.00: Special Conditions I -310- 4.11 Agency Agreement. An Agency Agreement is the established agreement between the Customer and the Contractor. This agreement is to determine, including but not limited to, the quantity of Fuel Cards required including any specialty type cards for law enforcement agencies, description of services required, billing and payment, effective dates, as well as other applicable factors or suitable references pertinent to the Customer. Each agency will have the .flexibility to design their personal Agency Agreement based on their fleet requirements. This Contract provides the State and eligible Customers a core contract on which to build their Agency Agreement. It is recommended tl.lat Customers assign agency Contract managers and/or security personnel to manage their Agency Agreement. All Fuel Cost shall be priced as described in Section 3. 4,12 Alternative Fuels. When the State deems necessary, alternative Fuels may be required in certain areas of the State of Florida where available. These Fuels may include compressed namral gas (CNG) , liquefied petroleum gas (LPG or propane), biodieseI, etha\,oJ (E-85), and any other Alternative Fuel the State deems necessary. 4.13 Silence of Specifications. The apparent silence of specifications set forth in this solicitation and contract to any details or the omission from it of a detailed description, concerning any point shall be regarded as meaning that only the best commercial practices are 10 prevail and that only materials and workmanship of first quality are Lo be uscd_ All interpretations of this solicitation shall be made upon the basis ofthls statement. Fuel Card Services Contract 973-163-06-1 Page 3 on Section 4.00: Special Conditions -311- FORMS Fuel Card Services ComTilct 973-] 63-06-1 - 312 - Contract This Contract. effective the la~t date signed below, is by and betvleen the Stare of Florida, Department of Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor ("Contractor"). The Contractor responded to the Department's Invitation to Negotiate (lTN) No 43-973- I 63-X, Fuel Card Services. The Department has determined to accept the Contractor's offer and 10 enter into this Contract in accordance with the terms and conditions of the solicitation. TramMontaigne, Ii subcontractor of the Contractor, is recognized as the net seller of fuel for this Contract. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this COnlract, which is a state term contract autborized by section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract begins on the Effective Date and expires after 5 years. TIle Conlmct consisLs of the following documents, which, in case of conflict., shall have priority in the order listed, and which are hereby incorporated as if fully set forth: . Any written amendments to the Contract . This document . Special Instructions to Respondents . Teclmical Specifications . Special Conditions . General Contract Conditions (PUR Form lOOO) . General Instructions to Respondents (PUR Form 1001) . Any Purchase Order under the Conlract ~:J~~ qtJ/cr State of Florida, Date 6-rDepartment of Management Services ~ Torn Lewis, Jr., Secretary Contractor Name: c.ofVl(JK/Jf' rJE'f1..J~A Jt ..TNc.. (Seal) S~_' 0' ~O Box ~ 30/ ;:P-lr.'-"'{;, W"Y ell t~: 2eJj~ t:>. Ti o.~ /< I oJI_~ f.:;t,---~ By: . ,.)D1'- .? ~7,y.J Date Its: j.k J. -' G ...-vt. Appmved as to fomlllnd legality /{; ~ 4 jl z.-( oS I by the Department General COlUlsel's Office: I I I Fuel Card Services ContracI973-163-06- [ I I I -313- Price Sheet Contractor Fuel Mark.up ~uel tl2r!h S01Jth Central West Gasoline, Regular 0.1394 0.1735 0.1641 0.1313 Gasoline, Mid-Grade 0.]904 0.2340 0.2151 0.1846 Gasoline, Premium 0.2133 0.2507 0.2375 0.1982 Diesel (On Road) 0.0819 0.1302 0.0699 0.0364 Aviation and Marine Fuel 0.0075 0.0075 0.0075 0.0075 I I I Fuel Card Services Contract 973-163-06-1 I t ! i I I i -314- Ordering Instructions Contractor: SPURS VENDOR NUMBER: Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: Title: Street Address: E-mail Address: Phone Nurnber(s): Fax. Number: If the person responsible for answering questions about the bid is different from the person identified above, please provide the same information for that person. Name: Title: E-mail Address: Phone Nwnber(s): ."- Fax NU1!l.ber: Ordl?rinji! Information: Please provide the following information about where Customers shouJd direct orders. You must provide a regular mailing address. If equipped to rcaive purchase orders electronically, you may also provide an Internet address. Name: Title: Street Address or P _ O. Box: City, State, Zip: Phone Nwnber; Toll Free Number: Ordering Fax Number: - Internet Address: Federal ID Number: Remit Address; City, State, Zip: fuel Card Services Contract 973-163-06-1 -315- .....".. . ...,,'.... ._____r._...._ SavingsJPrice Reductions Invitation to Negotiate No. 43-973-163-X Respondent is required to furnish the percent (%) savings in prices offered in this reply compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this response. DATE COMPETITIVE PRICES OFFERED AVERAGE - % SAVINGS. HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at [url). or other source of benchmark prices}? ResDonse: AUTHORIZE:D SIGNATURE: TELEPHONE NUMBER: RESPONDENT NAME: IF CONTRACT AWARDED, STATE PURCHASING ANAL YST/SPEC/ALlST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: Response: WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST Response: Fuel Card Services Contract 973-163-06-1 -316- ...""..,,,, ....-..../.. Certification of Drug-Free Workplace Section 287.087 of the Florida Statutes provides that, where idenrical tie bids are received, preference sball be given to a bid received from a bidder That certifies it has implemented a drug-free workforce program. Please sign below and return this form to certify that your business has a drug-free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, dislrib'ution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be laken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining Ii drug-free workplace, any available drug COWlseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon ~mployees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are lU1der Bid a copy of the statement specified in Subsection (l). 4) In the statement specified in Subsection (I), notify the employees. as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer 'of allY conviction of, or plea of guilty or nolo contendere ta, any violation of Chapter 893 or' of any controlled substance law of tl1e United States or any State, for a violation occurring i.n the workplace no later than five (5) days rifler such conviction. 5) Impose a sanction on, 01 require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authoriud to sign the ~[;aternent, I certify lhat this firm complies fully with the above reQuiremenl~. False statcment.'i a~ punish~ble at law. BlDDER'S NAME: By: Authorized Signature Print Name and Tille Fuel Card Servicfs COlltract 973-163-06-1 \ I -317- 6. J CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1 0-6-09 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF ~ CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Approve settlement of claim for costs associated with the connection of public sewer system to 815 Bamboo Lane. EXPLANA TION OF REQUEST: In May 2007, the developer of the Estancia Development uncovered the existence of a sanitary sewer line that crossed their property and served the property located at 815 Bamboo Lane. In order to have the construction of the development continue, the developer disconnected the sewer line from the residence at 815 Bamboo Lane, and installed a temporary holding tank. City staff agreed at that time to pay that portion of the costs associated with the connection of the sanitary sewer line to the residence. As part of the construction, the City paid approximately $5,700 for the installation of the new line. Following the completion of the construction and the connection of the sanitary sewer line, the developer presented about $23,000 in costs. City staff discussed this matter with the City Attorney's Office and the City Manager, and it was agreed that the City would offer no more than $5,000 to the developer. The developer has accepted the offer, and will execute a release of all claims if the City Commission approves the settlement. If the proposed settlement is approved, the City's total expenditures incurred with respect to the reconnection of the City's sanitary sewer line will be approximately $10,700. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The sanitary sewer line was connected to the resident at 815 Bamboo Lane, and a potential sanitary hazard was eliminated. FISCAL IMPACT: -318- The City will pay the developer, HHC Boynton, LLC, $5,000.00 in consideration of the execution of a release of all claims to this matter. AL TERNA TIVES: Do not approve the settlement. -319- RELEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That HHC Boynton, LLC, a Florida limited liability company, (collectively "First Party"), individually and on behalf of all officers, members, managers, affiliated entities and persons, jointly and severally, for and in consideration of the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00), or other valuable considerations, received from or on behalf of THE CITY OF BOYNTON BEACH, FLORIDA ("Second Party"), the receipt and sufficiency whereof is hereby acknowledged, hereby remise, release, acquit, satisfy, and forever discharge the second party, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, liens, assessments, executions, losses, attorneys' fees, court costs, expenses, claims and demands whatsoever, in law or in equity, which First Party ever had, now has, or which any personal representatives, successor, heir or assign of First Party, or anyone claiming by, through or under them or any of them, hereafter can, shall or may have, against said Second Party, for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, fixed or contingent, matured or unmatured, up to this date, related to any claim related to the connection of a sanitary sewer line located at 815 Bamboo Lane, in the City of Boynton Beach in 2007. That Second Party, for the agreement by the First Party to release said Second Party as set forth in this General Release, and for other good and valuable consideration the receipt and sufficiency whereof is hereby acknowledged, hereby remise, release, acquit, satisfy, and forever discharge the First Party, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, liens, assessments, executions, losses, attorneys' fees, court costs, expenses, claims and demands whatsoever, in law or in equity, which Second Party ever had, now has, or which any personal representatives, successor, heir or assign of Second Party, or anyone - 320 - claiming by, through or under them or any of them, hereafter can, shall or may have, against said First Party, for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, fixed or contingent, matured or unmatured, up to this date, elated to any claim related to the connection of a sanitary sewer line located at 815 Bamboo Lane, in the City of Boynton Beach in 2007. First Party and Second Party each hereby represents and acknowledges that it has had the opportunity to obtain independent legal counsel before signing this instrument, and has waived that right understanding that this instrument shall be legally binding upon them. (Wherever used herein the terms "First Party" and "Second Party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the past and present agents, officers, stockholders, directors and employees, and the successors and assigns of corporations.) IN WITNESS WHEREOF, I have hereunto set my hand and seal this _ day of ,2009. FIRST PARTY: Signed, sealed and delivered in HHC Boynton, LLC, a Florida limited liability the presence of liability company BY: Sign Name Garrett Graue, Vice President Print Name HHC Development, Inc., a Delaware corporation Its: Manager Sign Name Print Name SECOND PARTY: ATTEST: CITY OF BOYNTON BEACH By: City Clerk Mayor Jerrry Taylor APPROVED AS TO FORM: By: - 321 - City Attorney STATE OF FLORIDA) ) ss: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, that the foregoing instrument was acknowledged before me this _ day of ,2009, by GARRETT GRAUE, Vice-President ofHHC Development, Inc., on behalf of said corporation, Manager of HHC Boynton, LLC, a Florida limited liability company. He is personally known to me or has produced as identification. NOTARY PUBLIC Type or Print Name Commission No. My Commission Expires: DNT:dnt H\l 990\900 1 82.BBIRELEASE\General Release - Estancia.doc - 322 - (THIS PAGE INTENTIONALL Y LEFT BLANK) - 323 - 6. K CONSENT AGENDA October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Authorize the reallocation of $1 ,500 from Boynton Isles to the Jayne E. Miller Nursing Scholarship Fund from Commissioner Rodriguez's Community Investment Fund. EXPLANATION OF REQUEST: At the 9/14/09 Commission meeting $1,500 was approved for Boynton Isles from Commissioner Rodriguez's Community Investment Fund. It was brought back for reconsideration at the 9/22/09 Budget Hearing and was not approved. Commissioner Rodriguez would like these funds ($1,500) reallocated to the Jayne E. Miller Nursing Scholarship Fund to assist in the education of nursing students which has been a recipient of Community Investment Funds for several years. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Allocation of funds will assist the above organization. FISCAL IMPACT: Account # 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNATIVES: Decline to authorize the requested use. - 324 - EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 29,2009 Requested by Mayor/Commissioner: Commissioner Rodriguez Amount Requested: $1,500 Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses Week, sponsorship of scholarship fund to assist in the education or nursing students. Dated: ~ . 'LI- By:. .a--~. ?y/,/, .' Part Ii-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to t.~e requesting :Member of the Commission listed above is $10,000.00. $8,500 has been used to date by the requesting Member, leaving a balance of available funds of $1,500.00. This request would bring the available amount down to SO. Accordingly: ~ There are funds available as requested 0 Thcrc are insufficient funds available as re Dated: f. ~9. 0; By: Part 111- Eligibility Evaluation (to be completed by City Manager) ,/ <.or' The proposed expenditure of funds will not result in improvement to private j property; The recipient/payee provides services within the City of Boynton Bcach; 0 The project, program or activity which is being funded will occur in the City of Boyntol1 Beach and participation is open to all residents afthe City; and \;l/ Proper safeguards will be implemented ta assure that the public funds being appropriated v-rill be used far the stated purpose. 'i By: i/ /J f 4-.\ /....., .' "~'''''-' '-.il ) City Manager ~ S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc - 325 - Page 1 of 1 LaVerriere, Lori From: jreguez@aol.com Sent: Sunday, September 27,20094:11 PM To: Welsh, Pam Subject: Fwd: Bethesda Memorial Hospital Pam, please apply my $1500 balance of community funds to the Jayne E. Miller Nursing Scholarship Fund. Best, Jose -m-Original Message--m From: Rodriguez, Jose <RodriguezJ@bbfl.us> To: jreguez@aol.com Sent: Thu, Sep 24, 2009 2:25 pm Subject: FW: Bethesda Memorial Hospital Attached Message From: Kathy Walker <Kathy.Walker@BethesdaHealthcare.com> To: jreguez@aol.com: Rodriguez, Jose <rodriguezj@bbfl.us> Subject: Bethesda Memorial Hospital Date: Thu, 24 200914:25:01 -0400 Dear Jose, The Auxiliary at Bethesda Memorial Hospital has a scholarship fund set up in the name of "Jayne E. Miller Nursing Scholarship Fund". Jayne was a Bethesda nurse who lost her life due to cancer many years ago at a very YOlmg age. This scholarship is awarded to a one of our own Bethesda Nurses each year. Thank you. Kathy Walker Executive Secretary to the CNO Gera1yn Lunsford Bethesda Memorial Hospital kathy. walker~bejhe~dghealthcare&om (561) 737-7733 x4501 Fax: (561) 737-4534 - 326 - Community Investment Funds Spent 2008/2009 COMMISSIONER RODRIGUEZ Total Organization ----~- Amt Approved Spent Date Rodriguez 1,000 Education & Youth Advisory Board 04/21/09 850 Woman's Club 05/19/09 250 Boynton Hoops, Inc. 06/02/09 1,500 The Children's Fund/Hispanic HR Council 9/14/09 1,750 Colonial Club Sections I and II 9/14/09 1,500 Sterling Village 9/14/09 ],500 Boynton Isles (reallocation request 10/6) 9/14/09 825 Community Caring Center 9/14/09 825 ] 0,000 Caridad Center 9/14/09 - 327 - Community Investment Funds Spent 2008/2009 COMMISSIONER RODRIGUEZ -- Organization .-.- Amt Total Approved ~p~nt Date - _.~ --- Rodriguez 1,000 Education & Youth Advisory Board 04/21/09 850 Woman's Club 05/19/09 250 Boynton Hoops, Inc. 06/02/09 1,500 The Children's Fund/Hispanic HR Council 9/14/09 1,750 Colonial Club Sections I and II 9/14109 1,500 Sterling Village 9/14/09 825 Community Caring Center 9/14/09 L_ 825 Caridad Center 9/14/09 1,500 10,000 Jayne E. Miller Scholarship Fund (reallocation Pending I _.~.- from 9/14/09 meeting) - 328 - (THIS PAGE INTENTIONALL Y LEFT BLANK) - 329 - 9. A CITY MANAGER'S REPORT October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS i:8J CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Provide direction to staff regarding banners and decorations for the upcoming holiday season. EXPLANATION OF REQUEST: During the past couple of years, in cooperation with the CRA, holiday banners and decorations have been installed in various locations throughout the City. The cost of the City's share for this past holiday season was approximately $40,000. The CRA's cost was approximately $30,000. However, the City's funding for this activity has been reduced to $10,000 for FY 2009/10, which has been allocated to maintain and store our existing inventory of banners and related hardware. In order to maintain the holiday tree, displays and decorations in front and around the museum, the CRA has absorbed a larger portion of the costs. They've increased their budget by $10,000. Acknowledging there may strong interest by some in our community to continue this program in some capacity, staff seeks direction in regards to how the funding for this season should be allocated. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Holiday decorations include the 50' Holiday Tree and the Menorah and Kwanza displays, which are placed adjacent to the Children's Museum, rope lights at the Marina and around City Hall, the poinsettia arch at City Hall, and various decorations that are placed at the Hester Center, Sims Center, Civic Center and Children's Museum. Holiday banners have been installed on M.L.K. Blvd., between Federal Hwy. and Seacrest Blvd.(16); Ocean Avenue from Seacrest to the Intracoastal Bridge (62), and Boynton Beach Blvd. from 1-95 to Federal Hwy. (32). Last year we added Woolbright Rd. between 1-95 and Federal Hwy. (20). The CRA also had banners installed at the Promenade Extension and Marina (30). - 330 - FISCAL IMPACT: These were the City's costs for this program during the past season: HOLIDAY TREE - City's share for the installation and removal of 50' holiday tree $20,000 (including tree decorations) CITY HALL DECORATIONS - (poinsettia arch, lighting around trees) $5,726 BANNERS - Installation, service, removal and storage of 16 holiday banners along MLK $1,360 (between Fed. Hwy and Seacrest) and 12 banners on Boynton Beach Blvd. (between Fed. Hwy. and Seacrest) NEW BANNERS - Purchase, installation, service and removal of twenty (20) 30"x 60" $4,060 banners along Woolbright Rd MENORAH and KWANZA DISPLAYS - Installation, service and removal $800 DECORA TIONS/HESTER CENTER - Installation and removal $2,500 DECORATIONS/SIMS CENTER -Installation and removal $2,580 MISe. ELECTRICAL SERVICE - holiday tree $2,954 TOTAL $39,980 AL TERNA TIVES: a) Do not fund installation/removal of holiday decorations and banners for this holiday season. b) Contribute the $10,000 towards the CRA's expenses. c) Allocate the $10,000 for the installation/removal of decorations in the remaining areas of the City, i.e. City Hall, Sims and Hester Centers and/or holiday banners. NOTE: Last year the City purchased new banners for Woolbright Rd. This year the estimated cost to install/remove those banners is $1,000. - 331 - 11. A NEW BUSINESS October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: October 6, 2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE ~ NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Discussion of a process and procedure for appointing a new seven member CRA Board. This item is placed on the agenda at the request of Commissioner Rodriguez. . EXPLANATION OF REQUEST: On June 16,2009 the City Commission adopted Ordinance 09-030 (attached) providing for the appointment of a seven member board of commissioners of the Community Redevelopment Agency. Excerpts of the minutes from the first reading (6/2/09) and the adoption hearing (6/16/09) are attached. Commissioner Rodriguez requested a copy of a draft application be attached as well. This item was brought before the Commission on July 21, 2009 at which time the Commission tabled the item until after the City budget was completed. An excerpt of the minutes is attached. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Establishment of process and procedures would be beneficial to ensuring timely vetting of applicants and appointments. FISCAL IMPACT: None. ALTERNATIVES: 1) Take no action at this time, 2) Modify application as desired. ATTACHMENTS: I) Ordinance 09-030 - Providing for Appointment of a Seven Member CRA Board II) Excerpt from City Commission Meeting 6/2/09 III) Excerpt from City Commission Meeting 6/16/09 IV) Excerpt from City Commission Meeting 7/21/09 V) Draft of a CRA Board Application - 332 - ITEM I 1 I ORDINANCE NO. 09- 030 2 3 I i 4 , AN ORDINANCE OF THE CITY COMMISSION of THE " 5 !I CITY OF BOYNTON BEACH, FLOJlIDA, AMENDING 6 CHAPTER 2. ADMINISTRATION, SECTION 2.13.2 7 PROVIDING FOR APPOINTMENT OF A SEVEN 8 MEMBER BOARD OF COMMISSONERS OF THE 9 COMMUNITY REDEVELOPMENT AGENCY; 10 PROVIDING A TRANSITION DATE FOR THE, SEVEN II MEMBER BOARD TO TAKE OFFICE; PROVIDING FOR 12- CONFLICTS, SEVERABILITY, CODIFICATION AND AN 13 EFFECTIVE DA 'fE. 14 15 t6 WHEREAS, the City of Boynton Beach has detennined that it is in the best interests of 17 the citizcns and residents of the City to appoint a seven member Board of Commissioners ofthe 18 Community Redevelopment Agency in lieu of the City Commission providing governance of 19 the Agency. 7.0 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT; 23 24 Section 1. That Chapter 2. Administration, Section 2.13.2 shall be amended by 15 adding the wOrds and figures in underlined type, as follows: 26 27 Sec. 2-13.2. Governing body of community redevelopment agency.* 28 I ~(a) The memb!JfS of tl:te Gity Comffltssien constitute tho governing body (Board) of 29 the Community Redevelopment Agency_shall be comprised of seven (7) members aJ:lp.ointed by 30 the City Commission, 31 _(b) Chair and Vice-Chair, The City Commission shall designate Mayor shaH be the 32 Chairperson and the ~ayor the Vice Chairperson of the Board of the Community 33 Redevelopment Agency- 34 (e) The tern1!> of office of the Board Members shall be lor 4 scars. except that three 35 of the members first aPPQ,intcd shall be designated to serve terms of t, 2.. and 3 36 years~resP\X;tive]y. from the date of their appointments, and all other membi;'r1! 37 shall Ix: designated to serve for terms of 4 years from the date of their 38 ~ppointments. A vacancy- occurring during a term shall be filled for the 39 unexoired term. 1 ~;\CA\()TdiJl.lllIC.$I("RA\CRA go.,.d Seven New Membcrs Q60209 d", - 333 - ~ I (d) Anv person may be appointed as a Board Member if he or she resides or is engaged in business, which meanS ownlnl:! a business, practicing a profession. or 3 performing a service for compensation, or serving as an officer or director of a 4 cOll'oration or other business entity so engaged, within the area of operation of 5 the Ag.en~, which shall be cotemlinous with the area of o~ration of the City, 6 and is otherwise eligible for such appointment under Part IIJ of Chapter 163. 7 Florida Statutes. 8 9 10 Section 2. All ordinances or parts of ordinances in conflict herewith be and the II Same are hereby repealed. 12 13 Section 3. Should any section or provision of this ordinance or portion hereof, any 14 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such I~ decision shall not affect the remainder of this ordinance. IJ 16 17 Section 4. Authority is hereby granted to codify said ordinance. III 19 Section 5. This ordinance shall become effective immediately upon passage, 20 bowevcr, the transition date of the Agency Board from .he eil)' Commission to the seven (7} 21 !J1ember Board shall be at the commencement of the Board Meeting held on the second Tuesday 22 of the month following the appointment of the seven (7) board members, at which time the 23 ~cven (7'1 member board shall take office. 24 FIRST READING this Jf.& day of June, 2009. 25 26 i I ! 2 s:\C^\Or~il1.nce5lCRA\CRA Board Seven New Memh.,. 060209.doc - 334 - 1 SECOND, F'INAL READING AND PASSAGE this 1'1.4 day of June, 2009. 2 3 i CITY OF BOYNTON BEACH, FLORIDA ; '1 I' -..," . 6 ~. <-: <I ) {;v (..' r-"J.-.-" 7 ....;:'~"'.... ~ . Mayor - Ji:rry'T ~r 8 1 \I' 9 10 U 11 Vice Mayor - Woodrow L. 12 ? /-- ./ 13 . _.,.. . ~ I 14 4~lJliSSiOner - Ronal 15 16 I .,...~...., 17 .' 18 I') Commissioner - ariguez 20 4J~~ 21 "' 22 23 Commissioner - Marlene Ross 24 25 26 27 A lTEST: 28 "In ':'7 )\l 3 I - 32 33 )4 35 36 37 38 39 40 3 S:\CA\OrdiooncdCRA\~'RA Bolltd Seven New Members 060209.doc - 335 - ITEMU Excerpt from City Commission Meeting of June 2, 2009 3. Proposed Ordinance No. 09-030 RE: Approving the creation of a seven member Community Redevelopment Agenc.y Board Attorney Cherof read Proposed Ordinance No. 09-030 by title only on first reading. Commissioner Rodriguez commented his original motion was to add two members to the panel to groom two leaders to serve with the current board. It would be very aggressive to place seven volunteer members on a board and take over the functions of the eRA. He suggested the Commission reconsider his original motion to add two members and develop a plan to gradually move to seven members. Mayor Taylor contended the current eRA Board was doing an outstanding job and moving forward with the assistance of the community committee developing goals and objectives to be achieved. He believed the timing of the transition was an issue. A seven member board created by the new Commission would be better. Campaign promises are often based on partial information and cannot be achieved as quickly as anticipated once all the facts are learned. A new seven member board may retard the progress of the current board. Mayor Taylor advised he would support the transition at a later date. Vice Mayor Hay had made the commitment to start the process and acknowledge the current Board had little or no training when they first sat as the Community Redevelopment Agency Board. The Commission would retain the authority to determine the timeline for implementing an independent board. Commissioner Rodriguez submitted adding two members would achieve the goals and objectives of both Mayor Taylor and Vice Mayor Hay. Being a City Commissioner did prepare the current Board for their roles on the CRA Board. Commissioner Ross was concerned with the stability factor of the CRA Board and had received conflicting messages on the desire of the residents. She favored waiting to add the seven members and did not want to add two at the present time. The two year stability of the current Board offers the community a valuable asset. Mayor Taylor was not in favor of adding any members at this time. A seven member board should be appointed at a later date. Commissioner Rodriguez noted there was no ongoing development and it would be the best time to engage the volunteer board. Vice Mayor Hay interjected it would be the best time to train seven rather than just two. Mark Karageorge, 240A Main Bouievard, recalled the past rnotions and suggestions for the creation of an independent Board. He was in total agreement with Vice Mayor Hay and contended a timetable should be established to implement an independent Board. There are many concerned citizens who have been attending meetings on a regular baSiS who would be able to function as a Board member. He speculated it would take a considerable amount of time to review applications, conduct interviews and make recommendations. Attorney Cheraf announced the new Board would take over the second Tuesday of the month after the seven members were apPointed. There Is a schedule for the term of each member's appointment as set forth in the statute. Each appointment will require the full vote of the Commission. C:\DOCUment!i and S~ttings\l"verrierel\Local Settlngs\Temporary Internet Files\OI.K511\JOJne 2 " eRA Ordinance. doc - 336 - bCElr'Qt from City Commission MeetlnQ of June 2. 2Q:Q!! VictOr NorfUS, 261 N. Palm Drive, suggested there was some confusion about the ordinance. Attorney Cherof explained the ordinance was originally drafted to add two members to ser..e along with the Commission. On first reading the direction changed and a new ordinance was to be drafted appointing all seven members at one time, not including the members of the Commission. Mr. Norfus contended it should be a gradual appointment of members rather than seating all seven members at one time. Mr. Bressner stressed there would be no transition. Mr. Norfus urged the Commission to at least start the process. Commissioner Weiland understood appointments made at this time would not be able to sit on the Board until the seventh person was appointed, Attorney Cherof clarified no one could be appointed until the Code provision is amended describing the number of people on the Board. The Statute has no proVision for training to be a Board member. It is on-the-job training. Don Scantlan, 13 Cedar Circle, suggested alternate, non-voting members could be written into the Code and it would be the Commission's discretion if they were advanced as regular members. Attorney Cherof explained the Board was described by Statute and the Commission cannot dictate the configuration. Lee Wische, 1301 SIN 18th Street, contended the vacancies would be immediately listed and two of the five Commissioners would make tvvo appointments to total seven members. The Board could be named in a couple of meetings and could begin their duties. Buck Buchanan, 807 Ocean Inlet Drive, Chair of the Chamber of Commerce and past President of INCA, reiterated both organizations supported a fully Independent board. He urged the Commission to pass the Proposed Ordinance as submitted and commence the process as soon as possible. In his experience, some developers directed their efforts toward the Commission and ignored the recommendations of the other Boards. When that type of behavior by developers ceases, it wouid be the acid test of a competent Board. He stressed an independent board is the will of the people and citizens need what the City needs. MQt!.o.n Vice Mayor Hay moved to approve Proposed Ordinance No. 09-030. CommiSsioner Ross seconded the motion. ~ City Clerk Prainito called the roll. The vote was 3-2. (Mayor Tay/or and Commissioner We;/8nd d;ssenang) c:\Oo",ments and Settlngs\laverrierel\l.Ocal SeW"gs\TempOr"ry Internet Files\OLK5B\.lune 2 - eRA Ordinarn:e.doc - 337 - ITEM III ~rp'~ {r9m June 16. 2009 City Commissi~n Mooting . Excerpt from June 16. 2009 City Commission Meetina 2. Proposed Ordinance NO. 09-030 RE: Approving the creation of a seven member Community Redevelopment Agency Board. Attorney Cherof read Proposed Ordinance No. 09-030 by title only on second reading, Mayor Taylor opened the public hearing. Buck Buchanan, 807 Ocean Inlet Drive, Chairman of the Board of the Boynton Beach Chamber of Commerce, and past President of Inlet Cove Association (INCA) noted both organizations supported the establishment of an independent board. DurIng the past election, all three elected Commissioners voiced their support for an independent board. The ordinance passed 3-2 at the last meeting. Mr. Buchanan believed it was the will of the people that an Independent board be created, and he urged the ordinance be unanimously adopted. Victor Norfus, 261 N. Palm Drive, opined the Commission would still maintain oversight of a new citizen board and he hoped all the Commissioners would support the measure. Mayor Taylor noted the last time a CRA Board had been appointed, the applicants had been interviewed by Quintus Greene, the eRA Director at that time, who thereafter presented a list to the City Commission for appointment. He inquired whether this procedure would be followed. City aerk Prainlto advised the process used in the past for the eRA Board followed the same process used by other boards and was used the la$t time the eRA Board members were appointed to an all-citizen board. Commissioner Rodriguez believed it would be a confllct of interest and inappropriate for the eRA Director to interview the applicants. Quintus Greene, Development Director, provided information on the manner in which the process was followed at tI1e time he served as CRA Director. After he had interviewed the applicants, he compiled a list of the most qualified candidates and presented it to the Commission for approval with the proviSO that the Commission accept his recommendation. The proceSS had been reasonably successful. Commissioner Rodriguez believed, if the ordinance were approved, applications for CRA Board members should be accepted and a determination regarding the review and selection process could be made at a later date. tv1ayor Taylor commented a community Committee of apprOXimately 100 individuals had been created and had been providing input from CRA area residents. The Committee had been meeting regularly with staff and recommendations were brought to the CRA Board. Mayor Taylor noted once an independent board had been established, the Commission would no longer have oversight of the eRA Board. Mayor Taylor believed the current CRA Board was doing a wonderful job and accomplishing a great deal. As such, he would not support the ordinance. Mr. Weiland noted the Commission had heard from only a small faction of the community and he did not feel the CRA Board was ready for the transition. He urged the Commission not to rush into anything. C:\Document5 and Settlngs\laverrierel\Local Settings\Temporary Internet flles\OLK5BIJ~ne 16 - eRA OrdiMnce (2).doc - 338 - f)n::ell't frQl'l1 June 16. 2009 Q.~ CommlS$iQn Meetina Questions raised by Commissioner Rodriguez are listed below, together with Attorney Cherofs responses. Q: Would the current eRA Board remain until the tranSItion occurred? A: Yes. The Commission selVed as the eRA Board until the seven independent individuals were appointed. Q: What can the Commission do at this time to impose re&traints on the board to be appointed? A: There is I1ttle the Commission can do, as there are powers prescribed by Statute, rather than by City Commission. Vice Mayor Hay noted the Community Committee met regularly with the Executive Director and provided input to the eRA. He had heard from the community on several occasions and they supported the Independent board. While he supported a seven-member board, he did not feel the Commission should rush into this and hoped the Commission could agree on a time!ine. Mark Karageorge, 240A Main Boulevard, believed the ordinance should be approved but agreed the process should be slow and deliberate. In response to Commissioner Ross' inquiry, Attorney Cherof advised the ordinance did not set any timetable for the appointment of the seven-member board. ~ Commissioner Rodriguez moved to approve Proposed Ordinance No, 09-030. Vice Mayor Hay seconded the motion. ~ City Clerk Prainito called the roll. The vote was 3-2 (Mayor Taylor and Commissioner Weiland dissenting). c:\Doruments and Settlng~\I.vernerel\l.Oeal S-:tt!n<:!$\Temporary Internet Fi1es\OLKSB\lune 16 - eRA Ordinance (2).doc - 339 - HEM I V Meeting tv1inutes Regular City CommisSion Boynton Beach, FL July 21, 2009 V2te City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner Weiland moved to approve the conditional use and major site plan moditication. Vice Mayor Hay seconded the motion. The motion passed unanimously. F. Project: Southern Pine Lumber (MSPM Og-OOS) Agent: llmothy J. Healey, Frontier Engineering, Inc. Owner: Richard S, Kozell of SOuthern Pine Lumber Company Location: nOD West Industrial Avenue Descri ption: Request for major site plan modification approval to add a 1,055 square foot modular office building and associated site iI"nprovements and to demolish the existing 611 square foot office building, on a O.84-acre parcel in the M-l zoning district, Attorney Cherof administered an oath to all those intending to testIfy, Mr. Breese reviewed the request to add a modular office building to the site. Southern Pine is a long-time business within the City. The existing office building would be demolished and replaced. A fence and landscaping would face Indu5trial Avenue. Staff recommended approval of the request. The applicant agreed with all the conditions of approval. Msl!!2n Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. IX, CITY MANAGER'S REPORT: A. (Intentionally lelt blank) ;( g. eRA Application, timellne and process Commissioner Weiland explained his partiCipation in email, discussing the application process with Ms. Bright, Executive Director of the Community Redevelopment Agency, and his belfef that the Commission had established a format. Mr. Bressner indicated a mock application had been devised and posted on the web page temporarily. There were emails with staff and Ms. Bright reviewing the previous appllcation and processes. Commissioner Rodriguez noted the Commission never requested the old application be removed or changed or refuse applications. The process should have continued. Meyor Taylor wented to table the discussion. Vice Mayor Hay agreed a process had not been established. The focus should be the budget rather than the CRA application. Commissioner 17 - 340 - Meeting Minutes Regular City Commission Boynton Beach, FL July 21, 2009 Weiland recalled his remarks that the process should be delayed. Vice Mayor Hay re<,sserted there was no immediate need to decide the issue. Motion Vice Mayor Hay moved to table the discussion until after the City budget. Commissioner Ross seconded the motion. The motion passed unanimously. Commissioner Rodriguez inquired if applications and resumes were being received. Mr. 8ressner contended it was important that resumes be attached. Mayor Taylor countered that the application had not been approved so there is no application. C. Historic Preservation Ordinance Ms, Lejeune reviewed the information submitted by staff on establishing a historic preservation ordinance and becoming a certified local government for historic preservation. The alternatives were to proceed with establishing an ordinance, or not proceed, or continue with the review from Planning and zoning relying on the Land Development Regulations and not apply as a certified local government. Staff was not making a recommendation at this time. Commissioner Rodriguez questioned the impact on the property owner of a historic site. Mr. Rumpf replied it would depend on the parameters of the ordinance. The suggestion was made to create a Historic Preservation Board to review the alternatives and bring recommendations to the Commission, The present Land Development Regulations apply to non-residential properties that are pending development or redevelopment and references a list. It does not encompass the residential properties of the historic base. Mr. Bressner commented there was a significant amount of legislation relating to historic preservation and many cities have done significant research on the development of their ordinances that could be copied. Barbara Ready, 329 SW 13t~ Avenue, encouraged the establishment of a task force that would lead to an advisory board that could study the possibilities. The ordinance should fit the needs of Boynton Beach. She pointed out becoming a certified local government would include funding opportunities that require a meaningful historic preservation ordinance. Ms. Lejeune added that any funding requires matching grants. Vice Mayor Hay supported beginning the process for a historic preservation ordinance. Commissioner Rodriguez relterated that establishing an advisory board may be helpftJl. Mr. Bressner suggested an ad hoc committee with a specified time span would be advisable. ~ W;e Mayor Hay move to proceed with Option 1 using an ad hoc committee. CommiSSioner Ross seconded the motion. ~'1ayor Taylor directed the appointments for the ad hoc committee be made by the Commission. 18 - 341 - CD ITEM V CITY OF BOYNTON BEACH ". . .' COMMUNITY REDEVELOPMENT AGENCY BOARD APPOINTMENT APPLICATION HEETINS DATE/T1ME RESPONSIBIUTIES .,., The aoynton Bead1 Community Redevelopment Agenq'lsei:Ves the communft'y by guiding 2n~ TUESDAY - 6:30 PM redevelopment activities that create a vibrant doV'/ntovm~$r~ and revitalized neighborhoods within the eRA district. The eRA district is 1,650 acrE5~!'~ng the eastern edge of the City of '~i""""i 1..1 Soynton Beach. The major north/south road in ,~~i:~~,!?,. federal highwaY/U.S. 1. Ea5t/West conn~ors are Gateway Blvd" Bo~nt?n 6each.~I'{#;:;f~W~J~p~Qt Road, and GI,lIfst;rea~ Blvd. The activities and programs offered within a cO.\pm,*plty R6il~l~~,[Ient Area are administered by the Community Redevelopment Agency..~t'~~x;tl~ CommiS$lotlr~,~"detennined that the Agency should be governed by a seven-membert~ernIn9 ocard apl3Orn~ by the City Commission, Any person may be appointed as ~i~l!ibard member If he or''\'~G~~ides or is engaged in business, which me1;lns owning ~("~~lm~s, practicing a profession, 'qf~~rming a service for compensation, or serving as ~mlt,9,Il,',,,.!Wf:ll,"~~,' r, or director o.,ft;""!,~,,,corporatjon or';ilE;i~r,j,1;I.,,!l,!,'U, "S, iness entity so engaged,. within the area of ?~~, of th: Ag~rl~i!;~ICh shall be cote~!~~ with the area of operation of the City. Addltlonall!\ffi,~~atlo~~~lng the eRA can be obtll!ped by accessing the eRA web site at httn:l/www, I. m, ,,:g;, . "'~~~h~:,~li~~t~.W.~ .:-t~~%!~~~t!til! " . \~+~:~h~_~~ Thank you for your interest in serving on ~~gi~~~m,!;~.!Rede~:~~~~rt Agency ~rd and for taking the time to ~1I out this form. Please prin~ Or ~ an"aQ,~F,~ c1eaHY'ilm~tin~tru~lons are not followed or the application is not filled out In Its antlrety, ~i~rl1 wlll;&~~I~~Vlft~,~d! fl!l~~~~nficatIDn. "~'t:",, , \ih+'~ /i,t!f;!!y$ m'h';1':';1~'W' .4~${j~~qgfMlllW~~l~~,', ~~1~~f~~1 ,(f;1~:!?;~:}:' '\"~f:i;;t~,~~~~. Name ,""iA"ll''"'' , ,;':;.')'""~.'x"d""",,j" Telephone # ,Ji~l.,' .ld;,'"!'.,II!' '.""HI,..~,.",-,.." L^', 'JI!~~'"'''''''' . ,)~j~;~~,r~:.;> . ,I: '~~~'A '~~~71,f:r)\ ,~,"~~"",,"." ; ~tt-.~~ +.~' !I'l\ "'\':{f,::!;{~,.i/?,." ~~' ~\ 1,,', 'if~$;, . Address '!)'}~i,iJi, 1,1. "".~,~, Zip Code ~!:'::;~~~~;0{h:;h' ,4~~~,~ . \\1;itUr~~,\ .. ,*,"'"" '!;I!1 "!:"'~~'I"!!%1" '9lJ%~"", E-mail Address:\~.!~:;:::}..;;j~;.ikii~)lil~!iliid>i!1?)2iIMi......~.>;!jW. Phone: ~:.!;~~~;:~:;!;ll}!lbJ:~i~~~(H~%~:;~$" "\'t:::j~;f: ~;i'~}(Y~;~ 'Cry'\<;;~~,"~,.i~ ;{:J~~~\~l1~~j~';:~' ' Current..9~~~p'lftlon j8'r;~jff~,F.~d, ~n~lf,f,?:tcupation <i~~ii~~~::;'\*i!~~~~ilt~%:. '~~;~~~~i~R' EducatIQI10'~i:"" "!d~""'~']~ _m-' ~~;~~~*;)~;:!V, ~u~,!:;~i~ \""""~" ? @i:fl'"j y N Are YOLl a re91~r~, voter. uJtlw~ _ es - 0 Do you reside w'tI11mj~~ Boynton,~~h City limits? ~Yes _No Do you own/managa1?~~~in~s~:I~fflrl1 the City limits: _Yes _No If "yes", name"or;~I:ISII'i~i!~ Are you currently servingr49;[~l~itY board? _Yes _No Have you served on a City ~'rd In the past? _Yes _No If so, which board(s) and when? Have you ever been convicted of a crime? If sa, when Where *A resume must be submItted with this application for Community Redevelopment Agency Board Appointment - 342 - Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall, Boynton Beach FL 33435 or p, 0, Box 310, Boynton Beach, FL 33425-0310. It will be placed in l:t1e City's Talent Bank, a tile to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Revised 7/14/0910:43 AM $~\CC\WP\BOARDS\APPMENiS\APPUCA1l0N FORM5\CAA Applie<>oon.doc - 343 - 11. B NEW BUSINESS October 6, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1 0/6/09 D ANNOUNCEM ENTSIPRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE ~ NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D REQUESTED ACTION BY CITY COMMISSION: Discussion of status of proposed Green Market at Boynton Beach Mall. EXPLANA TION OF REQUEST: This IS a follow-up discussion as requested by Commissioner Ross as to the status of the Green Market at the Mall. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Information only FISCAL IMPACT: Information only. AL TERNA TIVES: Information only. S:\CC\WP\EasyAgenda Items\Green Market at Mall - 10-06-09.doc - 344 -