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Home My WebLink About04-28-2022 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 28, 2022 501 U.S. HIGHWAY 1 7:00 PM Deborah Searcy David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/84580707202?pwd=bDFwR0pLSHRaakdhYzhhZ3J1THpkUT09 Meeting ID: 845 8070 7202 Passcode: 078712 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 845 8070 7202 Passcode: 078712 Regular Session Agenda, April 28, 2022 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION 1. Proclamation - Municipal Clerks Week APPROVAL OF MINUTES 2. Minutes of the Regular Session held April 14, 2022 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chamb ers) and submit it to the Village Clerk prior to the beginning of the meeting. 3. INTERVIEWS WITH APPLICANTS TO VILLAGE BOARDS AND COMMITTEES 4. RESOLUTION Appointing Members to Village Boards and Committees DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 5. 1ST READING OF 2022-10 – CODE AMENDMENT – DEFINITION OF DWELLING UNIT Consider a motion to adopt on first reading Ordinance 2022-10 amending Article I, "In General," of Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-2, "Definitions," to modify the definition of the term dwelling unit. 6. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2022-08 – GENERAL FUND BUDGET AMENDMENT FY 2022 Consider a motion to adopt and enact on second reading Ordinance 2022-08 amending the adopted General Fund Budget for Fiscal Year 2022 to classify the total amount financed for Village vehicles as Capital Outlay and to transfer NET Income from the General Fund Unassigned Fund Balance to the Capital Improvement Plan Fund; and authorizing execution of the Amendments. 7. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2022-09 – CODE AMENDMENT – RESIDENTIAL ZONING REGULATIONS Consider a motion to adopt and enact on second reading Ordinance 2022-09 implementing the recommendations of the Ad Hoc Committee; amending Article V, “Stormwater Management,” of Chapter 21, “Planning And Development,” by amending Section 21-67, “Post Development Runoff Rates, Volumes And Pollutant Loads,” to impose specific requirements applicable to postdevelopment runoff and amending Section 21-70, “Water Quality,” to provide standards for construction site runoff; amending Article I, “In General,” And Article III, “District Regulations,” of Appendix C (Chapter 45) by Amending Section 45-2, “Definitions,” to define the terms average elevation and landscaped area and Section 45-27, “R-1 Single-Family Dwelling District,” to regulate the height of two-story structures, require a minimum landscaped area, and limit the width of driveways in swale areas; extending the Zoning In Progress relating to second-story floor area for an additional six months. Regular Session Agenda, April 28, 2022 Page 3 of 3 CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 8. RESOLUTION – Approving an Interlocal Agreement with Palm Beach County for the use of grant funds for Emergency Medical Services Equipment at a total cost of $3,702.50; and authorizing execution of the Agreement. 9. RESOLUTION – Declaring eight Kubota Solid Waste Collection vehicles as surplus property and authorizing their disposal. 10. RESOLUTION – Approving a proposal from Engenuity Group, Inc. for professional engineering services associated for development of two conceptual designs for the reconstruction of the Lighthouse Drive Bridge at a total cost of $91,288; authorizing execution of all required documents; and authorizing a budget amendment to fund the expenditure. 11. Receive for file Minutes of the Golf Advisory Board meeting held 3/21/22. OTHER VILLAGE BUSINESS MATTERS 12. MOTION – Appointment of Auditor Selection Committee and appointment of member of Village Council to serve on and Chair the Auditor Selection Committee. 13. RESOLUTION – VILLAGE HALL CHILLER PURCHASE Consider a motion to adopt a resolution approving the purchase of a new chiller and air handler from Carrier Corporation for Village Hall at a total cost of $194,159.50; and approving a budget amendment to fund the purchase. 14. RESOLUTION – ANCHORAGE PARK PLAYGROUND EQUIPMENT REPLACEMENT Consider a motion to adopt a resolution approving a proposal from Advanced Recreational Concepts, LLC (ARC) and a proposal from Playspace Services, Inc. to remove and replace the Anchorage Park Playground at a total cost of $438,063.19; authorizing execution of the Contracts; and approving a budget amendment to fund the purchase. 15. DISCUSSION – Strategic Priorities for Fiscal Year 2023 COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 14, 2022 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were physically present except for Councilmember Bickel who attended via internet connection. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Searcy gave the invocation and Vice Mayor Norris led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held March 24, 2022 were approved as written. STATEMENTS FROM THE PUBLIC Diane Smith, 37 Yacht Club Drive, expressed her concerns with the proposed 200 Yacht Club Drive Planned Unit Development. Bob Starkie, 36 Yacht Club Drive, expressed his concerns with the density allowance for the proposed 200 Yacht Club Drive Planned Unit Development. Mr. Starkie asked Council when the issue would be addressed. Mr. Starkie also stated that the Lighthouse Bridge needed to be repaired. Chris Ryder, 118 Dory Road S, expressed his concerns with a proposed project at the Anchorage Park north canal that was contradictory to the scope of work for engineering and design services that was approved through Resolution 2020-64. Mr. Ryder also expressed his concerns with the proposed 200 Yacht Club Drive Planned Unit Development. Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns with the use of pesticides at the North Palm Marina. Draft Minutes of the Village Council Regular Session held April 14, 2022 Page 2 of 8 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS Mayor Searcy stated that Councilmember Bickel requested that Ordinance 2022-09 Code Amendment – Residential Zoning Regulations be the first ordinance heard under public hearing. Mayor Searcy asked Council if there were any objections. There were no objections from Council. ORDINANCE 2022-09 CODE AMENDMENT – RESIDENTIAL ZONING REGULATIONS A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2022-09 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IMPLEMENTING THE RECOMMENDATIONS OF THE AD HOC COMMITTEE; AMENDING ARTICLE V, “STORMWATER MANAGEMENT,” OF CHAPTER 21, “PLANNING AND DEVELOPMENT,” BY AMENDING SECTION 21-67, “POST DEVELOPMENT RUNOFF RATES, VOLUMES AND POLLUTANT LOADS,” TO IMPOSE SPECIFIC REQUIREMENTS APPLICABLE TO POSTDEVELOPMENT RUNOFF AND AMENDING SECTION 21-70, “WATER QUALITY,” TO PROVIDE STANDARDS FOR CONSTRUCTION SITE RUNOFF; AMENDING ARTICLE I, “IN GENERAL,” AND ARTICLE III, “DISTRICT REGULATIONS,” OF APPENDIX C (CHAPTER 45) BY AMENDING SECTION 45-2, “DEFINITIONS,” TO DEFINE THE TERMS AVERAGE ELEVATION AND LANDSCAPED AREA AND SECTION 45-27, “R-1 SINGLE-FAMILY DWELLING DISTRICT,” TO REGULATE THE HEIGHT OF TWO-STORY STRUCTURES, REQUIRE A MINIMUM LANDSCAPED AREA, AND LIMIT THE WIDTH OF DRIVEWAYS IN SWALE AREAS; EXTENDING THE ZONING IN PROGRESS RELATING TO SECOND - STORY FLOOR AREA FOR AN ADDITIONAL SIX MONTHS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Bill Whiteford, Chairman of the Residential Code Ad Hoc Committee discussed and explained how the Committee came up with the recommendations that were being brought forward for consideration in the proposed ordinance. Community Development Director Jeremy Hubsch began a presentation on the history of the proposed zoning in progress and explained and discussed in further detail the recommendations brought forward by the Residential Code Ad Hoc Committee. Mr. Hubsch discussed the timeline and next steps. Mr. Hubsch presented questions on what other code provisions should be evaluated. Mr. Hubsch reviewed a timeline showing the beginning of zoning in progress recommendations to finalizing the code update by the summer or fall of 2022. Mr. Hubsch reviewed the adopted zoning in progress standards which were as follows: 1) All new one-story homes are to have thirty-five (35%) minimum landscaped area, and are to provide a landscaped are of fifty percent (50%) in the required setback. 2) All homes are limited to thirty feet (30’) in height for flat roofs and thirty-five feet (35’) for all other roof types, including gable, hip, gambrel, and shed roofs. 3) The floor area of the second story of a single-family home is limited to seventy- five percent (75%) of the floor area of the first story. Mr. Hubsch discussed ambiguous code language pertaining to water quality and a possible solution. Mr. Hubsch reviewed and discussed the adopted required minimum landscape area and proposed zoning in progress landscaping standards. Mr. Hubsch reviewed and explained a Peer City Analysis and reviewed and gave examples of homes within the Village that were currently zoning in progress compliant and not zoning in progress compliant. Draft Minutes of the Village Council Regular Session held April 14, 2022 Page 3 of 8 ORDINANCE 2022-09 CODE AMENDMENT – RESIDENTIAL ZONING REGULATIONS continued Mr. Hubsch continued with discussing the allowed driveway width in swales, the adopted zoning in progress building height and proposed building height. Mr. Hubsch explained how the building height was measured and reviewed examples of homes within the Village and their heights. Mr. Hubsch reviewed the current runoff code and proposed runoff code. Mr. Hubsch concluded by stating that at its March 22, 2022 meeting, the Ad Hoc Committee voted 4-3 to make the building height thirty feet for all roof types. Two of the dissenting members wanted the height to be thirty- two feet and the other wanted it to be thirty-five feet. The members voted 6-1 to adopt the minimum landscape standards as drafted. The dissenting member felt the front yard restriction of 50% is too onerous. The members all supported the changes to the stormwater management code. The Planning Commission voted 6-0 to recommend approval of the Ad Hoc Committee recommendations. John Samadi, 512 Marlin Road, expressed and discussed his concerns with the proposed residential zoning regulations ordinance. Chris Ryder, 118 Dory Road S, expressed his concerns with Dover, Kohl and Spikowski and asked why they did not address the residential code when they did their consulting work with the Village. Cory Cross, 2560 Pepperwood Circle S, stated that based on his experience as an architect, the proposed residential code was a very reasonable code and was not overly restrictive. Councilmember Mullinix expressed concern that the proposed code was incentivizing single story homes and not two story homes. Councilmember Mullinix stated that the minimum landscape requirements should be the same for single and two story homes. Councilmember Aubrey stated that the proposed code was reasonable and was consistent with neighboring communities. Any issues with the code could be revisited in the future. Vice Mayor Norris stated that he was also concerned with the de-incentivizing of two-story homes. Vice Mayor Norris stated that overall the proposed code was reasonable with the one exception. Mayor Searcy asked for clarification on the term “decorative rock” in the code. Attorney Rubin explained that it was an inclusive term that included gravel and mulch. Mayor Searcy asked if the Ad Hoc Committee discussed roof top decks. Mr. Hubsch stated that roof top decks were not discussed but that it could be discussed and addressed in the future. Discussion ensued regarding roof top decks, collector roads and driveway calculations for corner lots. Vice Mayor Norris asked the code could be changed to make the landscape minimum standards the same for single and two-story homes. Mayor Searcy asked Mr. Whiteford to explain the reasoning behind the difference between the landscape minimum standards for single and two-story homes. Draft Minutes of the Village Council Regular Session held April 14, 2022 Page 4 of 8 ORDINANCE 2022-09 CODE AMENDMENT – RESIDENTIAL ZONING REGULATIONS continued Mr. Whiteford explained that single story homes were lower and more spread out versus two-story homes which were vertical and would have more space for landscaping. Mr. Whiteford explained that it was not a matter of incentivizing. Discussion ensued between Council regarding the landscape minimum standards for single versus two-story homes. A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to amend Ordinance 2022-09 to make the minimum landscape requirements the same for single story and two-story homes. Thereafter, the motion to amend Ordinance 2022-09 to make the minimum landscape requirements the same for single story and two-story homes passed 3 to 2 with Vice Mayor Norris, Councilmember Aubrey and Councilmember Mullinix voting aye and Mayor Searcy and President Pro Tem Bickel voting nay. Discussion ensued between Council and staff regarding providing waivers for u-shaped driveways and special circumstances where the total landscaped area may be slightly over the allowance. Thereafter the motion to adopt amended Ordinance 2022-09 on first reading passed unanimously. Mayor Bickel left the meeting at 8:17 p.m. ORDINANCE 2022-08 GENERAL FUND BUDGET AMENDMENT A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2022-08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2022 TO CLASSIFY THE TOTAL AMOUNT FINANCED FOR VILLAGE VEHICLES AS CAPITAL OUTLAY AND TO TRANSFER NET INCOME FROM THE GENERAL FUND UNASSIGNED FUND BALANCE TO THE CAPITAL IMPROVEMENT PLAN FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the ordinance was to approve a budget amendment for approved vehicle financing agreements and the use of NET income in the General Fund for capital improvements. Mr. Lukasik stated that the vehicle lease agreements were already approved by Council. The budget amendment would record the lease agreements as capital outlay and would solidify the direction of Council to use NET income from Fiscal Year 2021 and bring it into the current Fiscal Year to use for certain capital improvements. Thereafter, the motion to adopt on first reading Ordinance 2022-08 passed with all present voting aye. Draft Minutes of the Village Council Regular Session held April 14, 2022 Page 5 of 8 ORDINANCE 2022-05 CODE AMENDMENT – YEAR-ROUND IRRIGATION CONSERVATION MEASURES A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2022-05 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19, “OFFENSES AND MISCELLANEOUS REGULATIONS,” OF THE VILLAGE CODE OF ORDINANCES BY REPEALING ARTICLE IX, “WATER SHORTAGE EMERGENCIES,” AND ADOPTING A NEW ARTICLE IX, “YEAR-ROUND IRRIGATION CONSERVATION MEASURES;” PROVIDING FOR A PURPOSE AND FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONSERVATION REGULATIONS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT; PROVIDING FOR VARIANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the South Florida Water Management District requested that the Village adopt the Year-Round Landscaping Irrigation Conservation Measures applicable within Palm Beach County. Mr. Rubin stated that the only change that was made from first reading was that the effective date of the irrigation regulations was pushed back ninety (90) days in order to allow sufficient time for public outreach and education. Deborah Cross, 2560 Pepperwood Circle S, recommended that residents have more ecologically friendly landscaping that required less watering. Mayor Searcy asked if the Village was in compliance with the irrigation regulations. Public Works Director Chuck Huff stated that the Village was in compliance with irrigation regulation except for certain areas such as the Country Club. Mr. Rubin explained that the Village was not required to comply with the irrigation regulations for the Country Club golf course and any athletic fields. The medians were required to comply. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-05 passed with all present voting aye. ORDINANCE 2022-06 CODE AMENDMENT – FIREFIGHTERS PENSION PLAN A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2022-06 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, “PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES,” OF ARTICLE V, “PENSIONS AND RETIREMENT SYSTEMS,” OF CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-159, “CREATION OF TRUST AND DEFINITIONS,” SECTION 2-161, “BENEFIT AMOUNTS,” AND SECTION 2-163, “CONTRIBUTIONS,” TO MODIFY THE MAXIMUM CAP ON BENEFITS AND THE EMPLOYEE CONTRIBUTION FOR FIREFIGHTER MEMBERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of the Village Council Regular Session held April 14, 2022 Page 6 of 8 ORDINANCE 2022-06 CODE AMENDMENT – FIREFIGHTERS PENSION PLAN continued Mr. Lukasik explained the purpose of the ordinance. The ordinance would amend the current code to increase the cap on benefits received by employees in the Collective Bargaining Unit from seventy-five percent (75%) to eighty percent (80%) and also allowed for increased employee contributions from seven percent (7%) increasing by one-half percent over an incremented time frame beginning September 30, 2022 and ending September 30, 2024. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-06 passed with all present voting aye. ORDINANCE 2022-07 CODE AMENDMENT – PARKING REGULATIONS FOR VICINITY OF LAKESIDE PARK A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt and enact on second reading Ordinance 2022-07 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, “STOPPING, STANDING AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-34.1, “VEHICLE, TRAILER OR BOAT PARKING PROHIBITED UPON PAVED OR UNPAVED AREA OF ROAD RIGHT-OF-WAY OF SPECIFIC ROADWAYS,” TO MODIFY THE PARKING REGULATIONS IN THE VICINITY OF LAKESIDE PARK; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that the code amendment would extend restrictions to on-street parking within the vicinity of Lakeside Park to beyond weekends and holidays and would reduce the number of streets impacted and provide for exceptions for neighborhood residents and their guests through the use of a Village issued pass. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-07 passed with all present voting aye. CONSENT AGENDA APPROVED Item 8 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the Consent agenda, as amended was approved with all present voting aye. The following items were approved: Motion accepting the ranking by the Selection Committee for Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract and authorizing staff to commence negotiation of an Agreement with Hazen and Sawyer. Resolution approving a Blanket Purchase Order for the Public Works Department with GT Supplies, Inc. in the total amount of $50,000 for dumpster repairs. Resolution amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2022 Budget to eliminate two full-time Solid Waste Driver/Operator positions and add two full- time Solid Waste Collector positions with the Public Works Department. Resolution accepting proposals from Pantropic Power, Inc. for repairs to the Public Safety generator and rental of a standby generator in the amount of $35,497.50; and authorizing execution of the Contract. Draft Minutes of the Village Council Regular Session held April 14, 2022 Page 7 of 8 CONSENT AGENDA APPROVED continued Receive for file Minutes of the Planning Commission meeting held 2/1/22. Receive for file Minutes of the Environmental Committee meeting held 2/7/22. Receive for file Minutes of the Library Advisory Board meeting held 2/22/22. Receive for file Minutes of the Planning Commission meeting held 3/1/22. Receive for file Minutes of the Recreation Advisory Board meeting held 3/15/22. Receive for file Minutes of the Library Advisory Board meeting held 3/22/22. Receive for file Minutes of the Audit Committee meeting held 4/6/22. RESOLUTION 2022-25 – BUILDING INSPECTION SERVICES CONTRACT A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2022-25 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT WITH HY-BYRD INCORPORATED TO PROVIDE BUILDING INSPECTION SERVICES PURSUANT TO PRICING ESTABLISH ED IN AN EXISTING AGREEMENT WITH THE TOWN OF PALM BEACH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. John Samadi, 512 Marlin Road, stated that he hoped the contract for building services would be temporary and that the Village would soon hire staff to perform building inspection services. Mr. Samadi expressed concerns regarding quality of inspections and comments made by inspectors and stated that the Village should expect high quality and highly qualified building inspectors. Mayor Searcy apologized for any comments or poor quality inspections that may have been performed in the past and asked Mr. Hubsch when in house staff could be expected to be hired. Mr. Hubsch explained that in-house staff was preferred. The Community Development Department currently has an in-house Building Official and an electrical inspector. One new high level inspector was recently hired and staff was optimistic that the inspector will remain. Mr. Hubsch explained that it was very difficult in the current market to find and hire high quality building inspectors. Thereafter, the motion to adopt Resolution 2022-25 passed with all present voting aye. RESOLUTION 2022-29 – PBA COLLECTIVE BARGAINING AGREEMENT A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt Resolution 2022-29 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE POLICE BENEVOLENT ASSOCIATION OF PALM BEACH COUNTY, INC. AND AUTHORIZING EXECUTION OF THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of the Village Council Regular Session held April 14, 2022 Page 8 of 8 RESOLUTION 2022-29 – PBA COLLECTIVE BARGAINING AGREEMENT continued Mr. Lukasik stated that negotiations took place between the Village and the Police Benevolent Association which represents employees in the Village’s Police Department. The negotiations included minor changes to the agreement. Mr. Lukasik discussed and explained the changes to bereavement leave, sick leave, paid holidays, take home vehicles, pension and wages. Mr. Lukasik discussed and explained the cost impacts. Chief Jenkins thanked Manager Lukasik and Council for a collegial and productive negotiation process. Thereafter, the motion to adopt Resolution 2022-29 passed with all present voting aye. MOTION – Designation of voting delegate and alternates for the Palm Beach County League of Cities A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to designate Mayor Searcy as voting delegate and appointing all councilmembers not serving as voting delegate to serve as alternate voting delegates for the Palm Beach County League of Cities. Thereafter the motion passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Mullinix expressed concerns about the assessment that was received for electrical undergrounding. Councilmember Mullinix recommended having a peer review of the assessment. Mayor Searcy asked staff to address Mrs. Cross’s comments regarding pesticide use to kill weeds within the Village. Mayor Searcy wished luck to Head Golf Professional Allan Bowman as he plays at the Honda Classic Cares Play Yellow Birdie Bash taking place on April 18th. The proceeds from the event will be shared between Nicklaus Children’s Health Care Foundation in support of Nicklaus Children’s Hospital in Miami, as well as the South Florida PGA Foundation. Mayor Searcy thanked staff for all their hard work on the wonderful Heritage Day Festival and Village Art Show. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:54 p.m. APRIL 28, 2022 APPLICANT INTERVIEWS FOR VILLAGE BOARDS NAME BOARD(S) Brian Bartels 1. Environmental Committee 2. Planning Commission Valerie Hannah 1. Planning Commission 2. Waterways Board Lauren Hopkins 1. Planning Commission 2. Environmental Committee Christopher McDermott 1. Waterways Board Karen O’Connell 1. Golf Advisory Board Kathleen Porter 1. Library Advisory Board Megan Sease 1. Recreation Advisory Board Michael Weild 1. Recreation Advisory Board Paul Czerniak Unable to attend meeting, due to traveling out of town 1. Recreation Advisory Board 2. Waterways Board John Taylor Unable to attend meeting, due to traveling out of town 1. Environmental Committee From:noreply@civicplus.com To:Green Jessica Subject:Online Form Submittal: Board Application Form Date:Friday, April 15, 2022 3:54: 31 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Board Application Form Step 1 Personal Information Please Note Application for Appointment (PDF) Title Mr. Date 4/15/2022 First Name Brian Last Name Bartels Home Address 749 Cinnamon Road Address2 Field not completed. City North Palm Beach State Florida Zip 33408 Primary Phone Number 5617972546 Home Phone Number Field not completed. Email Address brianebartels@gmail.com Village of NPB Resident Yes Residency Year-Round Resident Length of residency in NPB 6 years: 2014-2019 and 2021 to Present Yes Registered Voter Personal Information Board and Committee Information Summary of Board and Committee requirements and duties Board or Committee Environmental Committee Alternate Board or Committee Planning Commission Why are you interested in serving on this Board? I believe my education, professional experience, and volunteer experience would Volunteer experience I currently serve as Secretary of Habitat Young Professionals of Palm Beach County since 2020. I also serve as a STEM Mentor with the Mentee on the Move Program since 2019. Do you currently serve on a Village Board? No Financial Disclosure Form 1 Ethics Training PBC Commission on Ethics Board/Committee Information Education and Professional Experience Occupation Senior Environmental Specialist Resume Attached?Yes Upload your resume here BB_Resume_4.15.22.docx Business Address 700 Universe Blvd Business Phone Number 561-529-7064 Business Email brian.bartels@nexteraenergy.com Education and/or Experience I earned a B.S. in Forest Resources & Conservation from the University of Florida in 2015. I am currently employed as a senior environmental specialist with NextEra Energy Resources where I support the siting, permitting and financing of utility scale solar farms. CAUTION – This email originated from outside of the Village. Please do not open any attachments or click on any links from unknown sources or unexpected email. If you are uncertain please contact the IT department before opening. Areas of Special Interest or Additional Information Field not completed. Education and Professional Experience Email not displaying correctly? View it in your browser. BRIAN BARTELS 749 Cinnamon Rd. North Palm Beach, FL 33408 561-797-2546 / brianebartels@gmail.com EDUCATION University of Florida, Gainesville, FL Aug. 2011-Dec. 2015 Bachelor of Science in Forest Resources and Conservation Minor in Agricultural & Natural Resource Law Graduated: Dec. 2015 EXPERIENCE NextEra Energy Resources, Juno Beach, FL Nov. 2016 -Present Senior Environmental Specialist Support competitive proposals, acquire permits, complete risk assessments, conduct due diligence, and advise multidisciplinary teams on environmental risk and permitting strategies Coordinate closely with development teams, environmental peers, and external consultants to obtain all required federal, state, and local environmental licenses, permits, and approvals for development Employ advanced oral and written communication skills as well as analysis, problem solving, compliance, leadership, and process efficiency skills for project development Florida Forest Service, Dunnellon, FL June 2016- Aug.2016 Park Services Specialist, Goethe State Forest Systematically collected forest inventory data and forest information for assessment and analysis Delineated state forest property boundary markings and restored existing boundary markings Inspected forest stands and marked trees to be harvested for timber production Society of American Foresters, Bethesda, Maryland Jan. 2016-May 2016 Henry Clepper Forest Policy Intern Prepared background reports on natural resource/forest policy issues and programs Monitored environmental & natural resource legislation developing in Congress Acted as a liaison to partner organizations on behalf of SAF Published articles in SAF’s monthly journal, The Forestry Source INVOLVEMENT & LEADERSHIP Habitat Young Professionals of Palm Beach County, West Palm Beach, FL 2020-Present Secretary Organize volunteer events, including Habitat Home Builds in Belle Glade, Jupiter, and West Palm Beach Execute fundraising events to support Habitat for Humanity Palm Beach County mission Facilitate networking events for young industry and local community leaders Mentees on the Move, West Palm Beach, FL 2019-Present Mentor Facilitate age-appropriate STEM activities and experiments with assigned mentee elementary student Improve the STEM pipeline by developing a positive and respectful mentoring relationship and inspiring the next generation of leaders to positively influence our community rev 2019-03-18 THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 561-841-3355 FAX 561-881-7469 www.village-npb.org npbclerk@village-npb.org APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME HOME PHONE ADDRESS OCCUPATION BUSINESS PHONE BUSINESS ADDRESS E-MAIL ADDRESS (optional) Resume attached? (optional) Yes No Brief Description of Education/Experience Are you a registered voter? Yes No Do you live here year-round or seasonally? How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. Do you currently serve on a Village Board? Yes No If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee General Employees Pension Board * Business Advisory Board Police and Fire Pension Board * Environmental Committee Planning Commission * Golf Advisory Board Recreation Advisory Board Infrastructure Surtax Oversight Committee Waterways Board Library Advisory Board *Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk’s Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member MGA Member WGA Member Why are you interested in serving on this board? Signature Date ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public- records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk’s office when submitting this form. Paul Czerniak II, P.E. 729 Jacana WPB, 33408 561) 281-0393 Mobile E-mail: goalloutt@yahoo.com OBJECTIVE: Secure aresponsible full-time engineering position to fully utilize my experience, training and skills while making asignificant contribution to the success of the company. EXPERIENCE: Power Systems Manufacturing, Jupiter Office 4/12 – Present Lead Program Manager for Aerospace Division: Responsible for providing overall program management direction of all aerospace projects and programs. This includes development of all tenders, financial evaluations to set price versus cost, and final order execution. In addition, maintain financial and technical metrics to ensure the aerospace division is profitable and meeting year end goals. PSM leadership to address and come up with plans increase NEXTera Energy, Juno Beach Office 3/10 – 3/20 General Manager: Responsible for combustion and steam turbine operations, outages, logistics, budgets and upgrades for NEXTera. The NEE fleet is delivering 24GW of power to the Florida grid. Under my leadership my team of 30 engineering experts successfully met our safety, performance, budgets and forced outage goals. The fleet includes diverse technologies; General Electric, Mitsubishi, Toshiba and Siemens. 2/18 - Present Technical Staff “Chief” Engineer: Member of Staff Engineering Council responsible for directing and managing technical goals and programs for the all of engineering. Iwas responsible for the development of the WIKI trouble shooting program, REDI rotational program for new engineers and the SEED program for development of technical expertise in the organization. Our objective was to increase the capability ofour workforce to be the best in the industry. 1/16-2/18 Technical Services Manager: Managed 6 member logistics team to deliver comprehensive 5yr outage CT parts plan and budgets for 99 units. Managed work with OEM’sto determine new parts buys and repairs to meet out outage targets and expected budget spends. I was responsible for managing $280MM of new parts buys and repairs. In addition, I was responsible for new technology project development, NPV analysis and planed installation into the fleet. 3/10-1/16 Belcan Corporation Engineering, Palm Beach Gardens Office 3/02 – 3/10 Design Discipline Chief for GE Energy Gas Turbine Engines: Responsible for development and training of engineering staff. Developed a “Design Checklist” standard process to ensure all common practices and lessons learned are captured and applied to every GE job. Held weekly meetings to develop staff communications skills and lessons learned. I was the final review sign off on turbine combustion, and compressor tasks for all GE frames before product delivered to the customer. (6/07 – 3/10) Group Leader for Design, Structures and Product Definition Engineers: Responsible for engineering teams day to day work responsibility, reviews, and final sign-off of prints and technical documentation. Responsible for writing proposals and negotiating work scope with customers. Worked on a variety of gas turbine engines and rigs including aerospace and ground base engines for GE (Frames 6, 7 & 9 and LMS100). Experienced infacility design and upgrades, marine product design, validation testing, bench testing and materials development composites) for multiple customers. Also worked on special projects for VP of Belcan; tested programs to improve design and analysis efficiency for the entire facility and developed a low cost engineering program with local college engineers to compete with low cost customer objectives. (3/02 – 6/07) United Technology / Pratt & Whitney West Palm Beach 05/88 - 3/02 Turbo Machinery CIPT Leader for Liquid Space Rockets: Successfully managed $10M turbo machinery development for the COBRA rocket program. Responsible for the technical development, cost and schedule for four turbopumps, 2Liquid Hydrogen and 2LOX. Managed 6 project engineers including administration of their performance reviews andhad technical influence over 35 other support engineering disciplines. My leadership and management skills was considered the example of how torun and manage programs by our customer, NASA. Under my supervision all our technical objectives were met on time and on schedule. 9/00 - 3/02 Turbo machinery proposal manager for NASA’s new replacement engine for the Space Shuttle responsible for writing the turbomachinery detailed section for this $250M winning proposal. As part of this effort, my responsibility was to lead a team of engineers to develop technical plans, risk reduction activities, schedule and costs for this competitive bid proposal. 11/99 - 9/00 CORE Management Program: Selected for a two-year rotation program to develop and strengthen leadership and management skills. The program develops high potential candidates in key areas of the company. My focus areas was manufacturing, program management and reliability areas. 11/97 – 11/99 Manufacturing Nozzle Flap Cell Leader: Managed 15 union represented workers to manufacture JSF and F119 jet engine nozzles. On amonthly basis, my cell produced four $2M divergent flaps each month containing over 300 sheet metal and machined parts and over 1000 rivets. (10-month assignment) Joint Strike Fighters (JSF) Hardware Test Manager: Led team of Engineers to deliver development hardware in support of engine assembly schedule for Lockheed Martin and Boeing JSF new development jet engines. Developed detailed schedules and a part-tracking program based on when the engine assembly required the hardware. Responsible for planning all instrumentation on test engines which included static, dynamic, pressure and capacitance gages and probes. (7-month assignment completed) Reliability Manager: Developed and implemented awinning proposal for $9M allocation to support an engine reliability program to reduce fleet customer liability and operational costs. The program reduced Unscheduled Engine Removals (UERs) from 1.7 to 1.0 per thousand with apotential fleet savings of 50M. Once approved, Idefined and implemented a spending plan for manpower, budgeting, and task identification. Lead cross-functional team of engineers to develop sensitivity analyses to best define a WIN/WIN spending plan for both the customer and Pratt & Whitney. (7-month assignment completed) Senior Design and Structural Analyst: Responsible for engineering design and analysis of highly stressed structures to meet strength, stability, durability, size, cost, and weight requirements. Designed complex parts made from metal alloys, composites and plastics from concept to manufacturing, encompassing a wide range of applications (rocket and jet engines, combustors, turbines, compressors, static and rotating hardware, test rigs, tooling, and instrumentation). Prepared detailed technical substantiation results documents and formal presentations of the results to customers (Airforce, NASA, NAVY). Responsible for saving the company over one million dollars in costs through simplification ofcomplex designs and by understanding manufacturing requirements and assembly concerns. Prepared full detailed design layout drawings of newly designed parts. Considered the local design expert for fan compressor designs which resulted inwriting “How to Design” documents for the company. Received patents for two designs. 11/90 – 11/97 Employee special training: FE Modeling -Blueprint Interpretation -Optimization -4DX Investment Castings -LCF/HCF Analysis -Mil Specs -3D Modeling Test and Project Engineer: Test/Project engineer responsible for detailed pressure vessel testing and spin testing of strain gauged hardware to determine highly stressed locations. Prepared detailed monthly and yearly cost estimates and schedules for projects under my supervision. Developed detailed test plans and experimental techniques to ensure all contractual requirements were fulfilled. Involved in all aspects of testing hardware including hardware instrumentation and assembly, vendor selection, data interpretation, procurement of test hardware, supervision of technicians and detailed reporting of final test results. 05/88 – 11/90 EDUCATION: Masters ofBusiness Management, University of South Florida (December 1999) Masters in Mechanical Engineering, University of Florida (April 1994) Bachelors in Mechanical Engineering, University of Miami (June 1988) COMPUTER Mechanical Design – Unigraphics NX, Solid Works SKILLS: Miscellaneous – Microsoft Office, Mainframe, Workstation Operations, MAXIMO, SAP PROFESSIONAL Registered Professional Engineer (PE# 48882), Green Belt Certified (2016) AND ACADEMIC COBRA Leadership Award for Winning Proposal (2002), Liquid Space Leadership Award for HONORS: RL10 B-2Vent System (2000), P&W Team Leadership Award for JSF Fan Design (1998) Publications: NASA TECH BRIEFS, July 1991, “Thermal Shock Resistance” ASME Treasurer 1994 – 1995, WestPalm Beach Section Patents: Low Windage Balance Ring To Reduce Jet Engine Turbulence – Patent: US 6588298 Rotor Balancing Systems for Turbomachinery - Patent: US 8122785 B2 SMARTblade Compressor Blade Health Monitoring – Patent: US 9395270 B2 System for Maintenance and Refurbishment of Related Parts – Patent US 10387832 PERSONAL: PAC 155 boy scout committee member (2018 -2020), PBG soccer, football and baseball coach 2005-2020), English/Spanish, U.S. Citizen INTERESTS: Inventions, restoring vintage homes & classic automobiles, computers, tennis and golf REFERENCES: Available upon request Held Tammy From: noreply@civicplus.com Sent: Thursday, March 10, 2022 2:38 PM To: Held Tammy Subject: Online Form Submittal: Board Application Form CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Board Application Form Step 1 Personal Information Please Note Title Date First Name Last Name Home Address Address2 City State Zip Primary Phone Number Home Phone Number Email Address Village of NPB Resident Residency Length of residency in NPB I lii ........................rn .......... .irn.:.:r...elf; ...ill:. Mr. 3/10/2022 Valerie Hannah 908 Westwind Drive Field not completed. North Palm Beach FL 33408 7143666054 Field not completed. runnamucky@yahoo.com Yes Field not completed. 2.5 years i Registered Voter Yes Personal Information i I irrirli, a:' >> .=............... ? Board and Committee S ii ni nai of Board and c orlr littee ir;n;g jir w„r ei nl > and duitie's Information Teacher Board or Committee Planning Commission Alternate Board or Waterways Board Committee Business Address Why are you interested in I would like to get involved in my community and be of service serving on this Board? to the Village. Volunteer experience Junior League (multiple cities) See attached resume. American Field Service (student exchange program) Do you currently serve on No a Village Board? Financial Disclosure I Ethics Training i I irrirli, a:' >> .=............... ? Board/Committee Information Education and Professional Experience Occupation Teacher Resume Attached? Yes Upload your resume here V Hannah Resume.pdf Business Address Field not completed. Business Phone Number Field not completed. Business Email Field not completed. Education and/or See attached resume. Experience Areas of Special Interest Field not completed or Additional Information Education and Professional Experience Email not displaying correctly? View it in your browser. Fil Valerie Hannah 714) 366-6054 valerielhannah@gmail.com Education California State University, Fullerton — 2020 Fullerton, California M.S. in Instructional Design and Technology Graduated Suma Cum Laude California State University, Fullerton — 2009 Fullerton, California M.S. in Education with an emphasis in Reading/Literacy Graduated Suma Cum Laude San Francisco State University — 2005 San Francisco, California B.A. in International Relations Graduated Magna Cum Laude Fullerton College — 2002 Fullerton, California A.A. in Liberal Studies Graduated with Honors Professional Experience Part-time Lecturer, Department of Literacy and Reading Education, 01/2010 — Present College of Education California State University, Fullerton Reading 290: Critical Reading, Thinking and Literacy (online and face-to-face) Reading 201: Academic Reading: Analysis and Strategies University Studies 100: Foundations for College Success and Lifelong Learning Part-time Reading Instructor, Department of Reading, 08/2017 — 08/2020 Assistant Professor, Department of Reading, 07/2014 — 06/2017 School of Language Arts Long Beach Community College District Reading 82: Proficient Reading (online and face-to-face) Reading 84: Analytical Reading (online) Reading 883: Reading Improvement 1 Part-time Reading Instructor, Department of Reading, 01/2014 — 05/2014 Humanities Division Santiago Community College, Rancho Santiago Community College District Reading 150: Critical Reading as Critical Thinking Part-time Reading Instructor, Department of Reading, 01/2010 — 05/2014 Humanities Division Fullerton College, North Orange County Community College District Reading 142: College Reading — Logical Analysis and Evaluation Reading 96: Preparation for College Reading Reading 56: Developmental Reading Other Teaching Experience Training Director, 04/2006 — 08/2008 Norcal Restaurants: T.G.I. Friday's English Teacher, 06/2002 —12/2002 Berlitz Language School: Kosice, Slovakia Department and University/College Service Social Media Coordinator California State University, Fullerton 05/2013 — 06/2016 Online Instruction Committee Member Long Beach City College, Long Beach 08/2014 — 07/2017 Student Learning Outcomes Facilitator Long Beach City College, Long Beach 01/2015 — 07/2017 Compressed (Acceleration) Courses Committee Member and Instructor Long Beach City College, Long Beach 08/2014 — 07/2017 Multiple Assessment Measure Committee Member Long Beach City College, Long Beach 08/2014 — 07/2017 2 Acceleration Committee Member Fullerton College 01/2013 — 05/2014 Educational Technology Committee Member Fullerton College 01/2013 — 05/2014 Conference Presentations Using Technology in a Literacy Classroom to Promote Student Engagement." College Reading & Learning Association 44th Annual Conference, San Diego, California. November 2011. Fullerton College's Transfer Achievement Program." 2nd National Conference on Supplemental Instruction Conference, Kansas City, Missouri. June 2002. Fullerton College's Transfer Achievement Program." Conference on College Composition and Communication, Minneapolis, Minnesota. April 2000. The Transfer Achievement Program — Students Making Transfer Happen." 1999 English Council of California Two -Year Colleges Conference, Costa Mesa, CA. October 1999. Workshop Presentations Best Practices of Online Instruction. Workshop presented to the faculty of Reading Department at Long Beach City College. Hannah, V. Long Beach, California. April 2020. An Introduction to WebQuests: An Inquiry -based Pedagogy Using Web 2.0 Technologies Designed to Engage Students. Hannah, V. and Hughes, D. Fullerton, California. October 2013 and May 2014. Active Reading. Workshops presented to community college students to develop their active reading skills. Hannah, V. Fullerton, California. Fall 2013. Online Instruction: Collaboration and Resources. Workshop presented to the College of Education faculty of California State University, Hannah, V. Fullerton, California. August 2013. Using Smart Technology in the Classroom. Workshop presented to the Reading Department faculty of California State University, Hannah, V. Fullerton, California. January 2013. Study Skills and Time Management Workshops. Workshop presented to students at Fullerton College, Fullerton California. Hannah, V. Fullerton, California. January 2009 — May 2010. 3 Vocabulary Study Sessions for Reading 56: Developmental Reading. Workshop presented to students at Fullerton College, Fullerton California. Hannah, V. Fullerton, California. August 2008 – MMay 2009. Critical Thinking Development Workshops for Reading 142: College Reading – Logical Analysis and Evaluation. Workshop presented to students at Fullerton College, Hannah, V. Fullerton, California. January 2009 – May 2009. Certifications and Professional Development FlipGrid in Canvas. California State University, Fullerton (Online), Fall 2020. Promoting Active Learning Online. The Association of College and University Educators (AGUE) Online), Summer 2020. Equity and Justice Summit. Facing History and Ourselves (Online), Summer 2020. Teaching Remotely: Intermediate Level. California State University, Fullerton (Online), Summer 2020. Teaching Remotely: Beginner Level. California State University, Fullerton (Online), Summer 2020. Adjusting Virtual Course Assignments and Projects. California State University, Fullerton (Online), Spring 2020. OER #1 Introduction to OER (Open Educational Resources) –CSU, Fullerton. Self -paced online course to develop knowledge and skills to implement open educational resources in college classrooms. August 2019. Universal Design for Learning: AIM #3 Creating Accessible Documents and Presentations —CSU, Fullerton. Four-week online course to develop online instruction skills and best practices. August 2019. Long Beach City College Online Educator Training Program (Training Waiver Form) –Long Beach City College. Online approval to teach online courses at Long Beach City College. May 2019. Engagement Tech Tools Webinor– CSU, Fullerton. One day online webinar to develop online instruction skills and best practices. March 2019. Quality Matters: Independent Applying the QM Rubric (APPQMR): Statewide Systems – Quality Matters Online. Self -paced online course to develop instructional skills and best practices for online instruction. August 2018. 4 Collaborative Learning Through Classrooms Discussions: IMPACT Certificate Course —CSU, Fullerton. Self -paced online course to develop instructional skills and best practices for student engagement. June 2018. Incorporating Natural Breaks for Increased Engagement: IMPACT Certificate Course —CSU, Fullerton. Self -paced online course to develop instructional skills and best practices for student engagement. June 2018. Universal Design for Learning: AIM #2 Universal Design for Learning —CSU, Fullerton. Four-week online course to develop online instruction skills and best practices. October 2017. Universal Design for Learning: AIM #1 Introduction to Universal Design for Learning— CSU, Fullerton. Four-week online course to develop online instruction skills and best practices. September 2017. CourseMotch Review – CSU, Fullerton (Quality and Accessibility Review by the Chancellor's Office), Fall2017. Teaching Online Program #1: Introduction to Online Teaching — CSU, Fullerton. Four-week online course to develop online instruction skills and best practices. Summer 2017. Difficult Emotions –Mindful Schools. Six-week online course to learn how emotions effect our brains and therefore our learning. January 2016. Mindful Educator Essentials –Mindful Schools. Six-week online course to learn how to integrate research -backed Mindful School Curriculum into community college classroom to support student success. May 2016. Mindfulness Fundamentals –Mindful Schools. Six-week online course to learn the basics of mindfulness. A prerequisite for other courses, this course focused on establishing a personal mindfulness practice to be practiced in the context of education. October 2015. Critical Teaching in Action Conference: Teaching, Technology and Social Justice. Mount St. Mary's College Los Angeles, California. March 2013. Humanities Division/Reading Department Student Learning Objective Assessment Activity. Fullerton College. October 2012 and April 2010. Orange County Regional Acceleration Meeting. Fullerton, California. February 2012. College Reading & Learning Association: 44th Annual Conference. San Diego, California. November 2011. Developmental Education Conference – Parachutes & Ladders X: Celebrating Student Engagement. Mt. San Antonio College, Walnut, California. May 2011. 5 The Eureka Experience! Instructional Techniques that Encourage It. Fullerton College, Fullerton, California. February 2011. Basic Skills Adjunct Training Program. Fullerton College. Fullerton, California. December 2010. The Brain that Wouldn't Die: Unwire, Move and Stay Connected in the Classroom. Fullerton College. Fullerton, California. October 2010. Effective Teachers of Urban Students: The Gangsta-Wanksta-Rida Program. Fullerton College. Fullerton, California. September 2010. Brain Compatible Classroom. Fullerton College. Fullerton, California. April 2010. Humanities Division/Reading Department Student Learning Objective Assessment Activity. Fullerton College. Fullerton, California. April 2010. Millennial Mind Part II Seminar. Fullerton College. Fullerton, California. March 2010. Generationl.5 Training. Fullerton College. Fullerton, California. March 2010. Creating an Atmosphere for Motivating and Retaining Students. Fullerton College. Fullerton, California. November 2009. Empowering Students to Get On Course Training. Fullerton College. Fullerton, California. October 2009. Basic Skills Initiative Workshop. Fullerton College. Fullerton, California. September 2009. Orange County Reading Association Conferences. Attended conferences in Fall 2008. Fall, 2009, Spring 2009 conferences in Orange, California. Reading Educators Guild Spring Breakfast. Attended Spring 2009, 2010, 2013 and 2014 breakfast in Fullerton, California. Awards and Recognition Outstanding Graduate Student Award — California State University, Fullerton June 2020 Outstanding Graduate Student Award — California State University, Fullerton June 2010 State of California Senate Certificate of Recognition for Outstanding Service June 2009 Junior League Orange County, California — President's Outstanding Service Award June 2009 0 Professional and Community Service College Reading and Learning Association, Member Reading Educators Guild: CSU, Fullerton, Member Sigma Iota Rho — International Relations Honor Society, Member Alpha Gamma Sigma —National Honor Society, Member Junior League of Palm Beaches, Sustaining Member 7 rev 2019-03-18 THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 561-841-3355 FAX 561-881-7469 www.village-npb.org npbclerk@village-npb.org APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME HOME PHONE ADDRESS OCCUPATION BUSINESS PHONE BUSINESS ADDRESS E-MAIL ADDRESS (optional) Are you a registered voter? Yes No Do you live here year-round or seasonally? How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. Do you currently serve on a Village Board? Yes No If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. General Employees PensionBoardAuditCommittee * Police and Fire PensionBoardBusinessAdvisoryBoard * PlanningCommissionEnvironmentalCommittee * Recreation AdvisoryBoardGolfAdvisoryBoard Infrastructure Surtax Oversigh WatCommittee terways Board Library Advisory Board *Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk’s Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member MGA Member WGA Member Why are you interested in serving on this board? Signature Date ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public- records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk’s office when submitting this form. Lauren Hopkins 202- 577-8855 901 Westwind Drive, North Palm Beach 33408 Attorney x yes 6.5 years x 12 I would like to play a larger role in the development of my community as an interested home owner, self-employed attorney, and mother. Resume attached? (optional) Yes No Brief Description of Education/Experience I am a graduate of Georgetown Law, who served as a state and federal prosecutor in Miami and Washington, DC. I currently own and manage a citizenship company for Italian-Americans seeking to become Italian citizens like myself. I hope to bring both legal and business experience to the position. March 15, 2022 see home address romiami14@gmail.com x THE VILLAGE OF North Palm Beach g Office of the Village Clerk AILMO 501 U.S. HIGHWAY ONE . NORTH PALM BEACH, FLORIDA 33408-4906 • 561- 841-3355 • FAX 561- 681-7469 www.villaae-rob ora . nobderk(ZDvillaae-nob.om APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Christopher Scott McDermott HOME PHONE 917-951-3381 ADDREss 744 Waterway Drive, North Palm Beach OCCUPATION Investment Management - Financial Advisor BUSINESS PHONE BUSINESS ADDRESS 3825 PGA Blvd., Suite 601, Palm Beach Gardens, FL 33410 E-MAIL ADDRESS (optional) Resume attached? (optional) Yes C) No Brief Description of Education/Experience I graduated from Georgetown University and have worked in the financial services industry for over 20 years. In NYC I worked for Salomon Brothers, Toronto Dominion Bank and Lehman Brothers and was one the founders of Florida Community Bank (now Synovus Bank) Are you a registered voter? Yes No Do you live here year-round How long have you lived in North Palm Beach? Since 2 01 8 Please list any current or prior experience as a volunteer on a board, committee, association, etc. or seasonally? 6-g On board of directors of Everglades Prep Academy, a charter high school in PAHOKEE. Also, on the Allocation Committe of the Town of Palm Beach United Way Do you currently serve on a Village Board? Yes n No —Q— If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being A. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a: General Employees Pension Board Police and Fire Pension Board Planning Commission Recreation Advisory Board X _ Waterways Board Pension Board members and Planning Commission members must Nie a Nmlted Financial Disclosure SWemenl wffbin 30 days of appolndnent and annualy thema&P Contact the Clerfr's 090 far more lnlormatlon. Golf Member D_ MGA Member Q WGA Member Why are you interested in serving on this board?We live on the North Palm Beach Waterway and I am very interested in keeping this natural resource clean and accessible to all residents of the Village. Signature `,S r r,_ Date -:2"M2: 3 3 z ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document Is a public record. If you do not want your email address released In response to a public - records request, do not Include your email address. If your home address and phone number are exempt under Florida Statutes, pleaseadvisetheClerk's office when submitling this Corm. rev 2019-03-18 rev 2019-03-18 THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 561-841-3355 FAX 561-881-7469 www.village-npb.org npbclerk@village-npb.org APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME HOME PHONE ADDRESS OCCUPATION BUSINESS PHONE BUSINESS ADDRESS E-MAIL ADDRESS (optional) Resume attached? (optional) Yes No Brief Description of Education/Experience Are you a registered voter? Yes No Do you live here year-round or seasonally? How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. Do you currently serve on a Village Board? Yes No If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee General Employees Pension Board * Business Advisory Board Police and Fire Pension Board * Environmental Committee Planning Commission * Golf Advisory Board Recreation Advisory Board Infrastructure Surtax Oversight Committee Waterways Board Library Advisory Board *Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk’s Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member MGA Member WGA Member Why are you interested in serving on this board? Signature Date ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public- records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk’s office when submitting this form. Karen O'Connell 609- 638-3692 122 Lakeshore Drive PH 32, North Palm Beach retired koconnell99@comcast.net MA Educational Research University of Maryland Facilitator of Technology K-12 Monroe Township School District, Monroe NJ 6-9 5 years Assisted Allan Bowman in creating a tee sheet that allowed for equity in opportunites for members, residents and guest to play by organizing golf group tee times around prime time tee times. x to assist and support golf pro in providing opportunities and services in maintaining our status as best in municipal courses. To continue to assist in organizing equity in group play. November 1, 2021 HeldTammy From:noreply@civicplus.com Sent:Sunday, March 13, 2022 9:42 PM To:Held Tammy Subject:Online Form Submittal: Board Application Form CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Board Application Form Step 1 Personal Information Please Note Application for Appointment (PDF) Title Ms. Date 3/13/2022 First Name Kathleen Last Name Porter Home Address 944 Prosperity Farms Road Address2 Field not completed. City North Palm Beach State FL Zip 33408 Primary Phone Number 7064917061 Home Phone Number Field not completed. Email Address kflynnporter@gmail.com Village of NPB Resident Yes Residency Year-Round Resident Length of residency in 12years NPB 1 Registered Voter Yes Personal Information Board and Committee Summary ofBoard andCommittee requirements andduties Information Board or Committee Library Advisory Board Alternate Board or Field not completed. Committee Why are you interested in Iwant to be more involved in my community. serving on this Board? Volunteer experience Field not completed. Do you currently serve on No a Village Board? Financial Disclosure Form 1 Ethics Training PBC Commission on Ethics Board/Committee Information Education and Professional Experience Occupation Teacher (retired in 2021) Resume Attached? No Business Address Field not completed. Business Phone Number Field not completed. Business Email kflynnporter@gmail.com Education and/or Taught school from 2000-2021 in Georgia and Florida Experience Worked in administration in advertising, and medical acute care for 10 years (1985-90) Worked AtGeorgia Tech Library for 5years (1975-80) Worked at Emory University while earning M.Ls. in Library Science and beyond (1980-85) Worked atThe Howard School inAtlanta from 1993-1997 and then began working on becoming ateacher. 2 Areas of Special Interest Ihave always loved libraries andwant tocontinue toserve my or Additional Information community. Education and Professional Experience Email not displaying correctly? View it in your browser. CAUTION – This email originated from outside of the Village. Please do not open any attachments or click on any links from unknown sources or unexpected email. If you are uncertain please contact the IT department before opening. 3 From:noreply@civicplus.com To:Green Jessica Subject:Online Form Submittal: Board Application Form Date:Friday, April 15, 2022 12:39: 03 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Board Application Form Step 1 Personal Information Please Note Application for Appointment (PDF) Title Ms. Date 4/15/2022 First Name Megan Last Name Sease Home Address 749 Cinnamon Rd Address2 Field not completed. City North Palm Beach State FL Zip 33408-4003 Primary Phone Number 5616770855 Home Phone Number Field not completed. Email Address megansease19@gmail.com Village of NPB Resident Yes Residency Year-Round Resident Length of residency in NPB 14 Yes Registered Voter Personal Information Board and Committee Information Summary of Board and Committee requirements and duties Board or Committee Recreation Advisory Board Alternate Board or Committee Field not completed. Why are you interested in serving on this Board? I would love to join the Recreation Advisory Board because I am passionate about leisure and recreation. Being new to North Palm Beach I’m excited about the opportunity to learn about what we have to offer while working with my fellow Board members to see how we can improve the community. In addition, I would love to help expand the adaptive/inclusive recreation opportunities within our Village. Volunteer experience I volunteered at the Greenville Children’s Hospital programming recreational activities with children ages 1-17. I also was on the board of Phi Sigma Pi Honor Society, Tiger Paw Productions and Clemson’s Recreational Club during my time at Clemson. There I coordinated large events (Conferences, job fairs), increased accessibility on Clemson’s campus, and led recreation initiatives concerts, scavenger hunts, festivals). Do you currently serve on a Village Board? No Financial Disclosure Form 1 Ethics Training PBC Commission on Ethics Board/Committee Information Education and Professional Experience Occupation Recreational Therapist and Student Resume Attached?Yes Upload your resume here Megan Sease Resume .docx Business Address 11301 SE Tequesta Terrace Business Phone Number Field not completed. CAUTION – This email originated from outside of the Village. Please do not open any attachments or click on any links from unknown sources or unexpected email. If you are uncertain please contact the Business Email megansease19@gmail.com Education and/or Experience I graduated with my Bachelors (2019) and Masters (2020) in Parks and Recreational and Tourism Management (PRTM) with an emphasis in Recreational Therapy (RT) from Clemson University. I am currently a Recreational Therapist at Sandy Pines Hospital while being in school for my Master’s in Counseling at Barry University. I have worked at various overnight camps and have experience working with children with disabilities. Areas of Special Interest or Additional Information I am passionate about adaptive and inclusive recreation as well as program planning. I have experience planning small and large events. I love where we live and I'm excited for the chance to work to improve it. Education and Professional Experience Email not displaying correctly? View it in your browser. Megan Sease, CTRS EDUCATION Barry University Miami, Fl Masters in Counseling Emphasis: Marriage and Family Counseling Emphasis: Clinical Mental Health Counseling Expected Graduation May 2024 Clemson University Clemson, SC Masters in Parks, Recreation, and Tourism Management Graduated August 2020 Emphasis: Recreational Therapy Bachelors in Parks, Recreational and Tourism Management Emphasis: Recreational Therapy Graduated May 2019 EXPERIENCE Sandy Pines Residential Treatment Care Center Tequesta, FL Recreational Therapist June 2020- Present Led, planned and implemented therapeutic interventions, conducted assessments, documented progress and aided youth ages 5-17 with various mental health diagnoses. Gio’s Garden Middleton, WI Recreational Therapy Intern May 2018-August 2018 Assisted with care and therapy for children with special needs ages birth through six years old. Early Autism Project Anderson, SC Line Therapist and Registered Behavioral Therapist April 2016- April 2018 Utilized ABA therapy to improve the lives of children with autism through structured and free play. Camp Joy Medical Camp Clarksville, OH Camp Counselor June- August 2016 Monitored a group of approximately 10 girls, while they experienced Camp and learned about illnesses. Research Master’s Thesis Research Clemson, SC Main Researcher August 2018-August 2020 Sease, M. (2020). Practitioners’ use of yoga with children who have experienced trauma [Unpublished master’s thesis]. Clemson University. A descriptive study on practitioners’ use of yoga with children who have experienced trauma. Cumberland Island National Seashore Clemson, SC Undergraduate Researcher January-April 2019 Evaluation of the relationship between current conditions, travel patterns, visitor thresholds, and ferry services at Cumberland Island National Seashore. (Brownlee, M. & Sharp, R.). Clemson University, Kansas State University, and the U.S. National Park Service. Research to inform visitor use management and concessionaire planning at Cumberland Island National Seashore. Sease, M.: Contributed to data analysis and reporting. ACTIVITIES Phi Sigma Pi Honor Society Clemson, SC Initiate Advisor April 2018- May 2019 Member August 2017- May 2019 Volunteer at Greenville Health Systems Children’s Hospital Greenville, SC 80 Hours April 2017- May 2020 Recreational Therapy Club Clemson, SC Vice President April 2018 – May 2019 Member September 2015 – May 2020 Network & Outreach Coordinator April 2017-April 2018 CERTIFICATION AND ACOMPLISMENTS Registered Behavioral Therapist July 2017 First Aid Certified March 2022 American Therapeutic Recreation Association Peg Connolly Scholar September 2020 Line Therapist for Applied Behavioral Therapy April 2016 CTRS July 2019 From:noreply@civicplus.com To:Held Tammy Subject:Online Form Submittal: Board Application Form Date:Tuesday, April 5, 2022 10:32:53 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Board Application Form Step 1 Personal Information Application forAppointment (PDF) Please Note Mr. Title 4/5/2022Date JohnFirstName TaylorLastName 110 Dory Road NorthHomeAddress Field not completed. Address2 North Palm BeachCity FloridaState 33408Zip 5615457473PrimaryPhoneNumber Field not completed. Home Phone Number jbtaylorjr@hotmail.comEmailAddress YesVillageofNPB Resident Year-Round ResidentResidency 22yearsLengthofresidencyin NPB Yes Registered Voter Personal Information Summary ofBoard andCommittee requirements anddutiesBoardandCommittee Information Environmental CommitteeBoardorCommittee Field notcompleted. Alternate Board or Committee To leverage myagronomic andhorticultural skills fortheWhyareyouinterested betterment of the Village parksinservingonthis Board? Board Member Palm Beach County Fishing Foundation & WestVolunteerexperience Palm Beach Fishing Club Member Palm Beach County Agricultural Enhancement Council Graduate Leadership Palm Beach County Graduate University ofFlorida Wedgworth Leadership Program for Agriculture & Natural Resources Past President Florida Weed Science Society American Society of Agronomy State and National Certified Crop Advisor NoDoyoucurrentlyserve on a Village Board? Form 1FinancialDisclosure PBC Commission on EthicsEthicsTraining Board/Committee Information Education and Professional Experience Syngenta Crop Protection - Agronomist - RetiredOccupation YesResumeAttached? Resume 2020.docUploadyourresume here Field not completed. Business Address Field not completed. Business Phone Number jbtaylorjr@hotmail.comBusinessEmail University ofFloridaEducationand/or Bachelor ofScience - AgricultureExperience Field notcompleted. Areas of Special Interest or Additional Information Education and Professional Experience Email not displaying correctly? View itin your browser. CAUTION – This email originated from outside of the Village. Please do not open any attachments or click on any links from unknown sources or unexpected email. Ifyou are uncertain please contact the ITdepartment before opening. John B. Taylor, Jr. 110 Dory Road North North Palm Beach, FL 33408 Phone: (561) 694-8671 Mobile: (561) 718-9492 john.taylor@syngenta.com Summary A creative, skilled, and motivated sales and technical professional with 32 years of achievement developing and promoting crop protection chemicals in a wide range of Florida cropping systems. A consistent high producer known for the practical application of technical expertise and the ability to work at all levels of the industry. A strong commitment to professional integrity and total customer satisfaction has helped establish Syngenta Crop Protection as a leader in the Florida crop protection market. Professional Experience Syngenta Crop Protection, LLC. 2000 to Present Agronomy Service Representative – Citrus, Sugarcane, Vegetables, Peanuts & Potatoes (2000 to Present) Report to Technical Crop Manager. Territory includes Florida and Puerto Rico. Primary role is that of technical sales support. Key responsibilities include the following; Guide local development of new a.i.’s and label expansions for new a.i.’s Develop local Best Use Guidelines for key a.i.’s in key crops Develop local training materials to support product launches, label expansions, product stewardship and general marketing activities Building and maintaining University and Consultant support for new and existing brands Management of sales support research for new and existing brands Internal interface with Crop Managers, Brand Managers, and Technical Brand Managers to develop marketing strategies to maximize brand share, brand stewardship and counter competitive threats Identification and development of local market opportunities such aslabel expansions and development of value added services Proactively guide marketing and research effort in anticipation of fundamental market changes Create early awareness of competitive threats and guide development of strategies tominimize business impact Provide technical expertise to local team to resolve complaints, maximize commercial demonstrations and to facilitate sophisticated integrated offers for key accounts Serve as primary conduit for transfer ofknowledge between sales, marketing and research and development Serve as local advocate and facilitator for development and implementation ofspecialized tools and services Represent Syngenta Crop Protection in a leadership role with key industry organizations Novartis Crop Protection, Inc. 1997 - 1999 Marketing Specialist / Product Development Specialist – Insecticides (1997-1999) Reported to District Sales Manager in Florida. Simultaneously managed the Palm Beach County sales territory and acted as the Product Development Specialist for the insecticide portfolio statewide. Merck & Co., Inc. (AgVet Div.) 1990 – 1997 Senior Sales Representative (1993 – 1997) Reported to District Sales Manager for this $200 MM manufacturer ofspecialty crop protection chemicals. Successfully managed the Southeast Florida sales territory (annual sales of $6.5 MM) specializing in citrus, vegetables, and ornamentals. Sales Representative (1990 – 1993) Reported to District Sales Manager. Successfully managed the South Florida sales territory (annual sales of $4.5 MM). Valent USA Corporation 1988 – 1990 Sales Representative Reported to District Sales Manager for this manufacturer ofcrop protection chemicals. Successfully managed the South Florida / Puerto Rico sales territory (annual sales of $1.8MM) specializing in vegetables and ornamentals. A. Duda & Sons, Inc. 1987 – 1988 Superintendent of Crop Research & Development Reported to Manager of Crop Research and Development of this multi-state farming operation. Held primary responsibility for crop research and development activities on the 27,000 acre Belle Glade farm. Emphasis was on celery, leaf crops, sweet corn, sugarcane, and radishes. Designed, implemented, and evaluated all experiments. Information was used by growers to refine and update IPM programs. Conducted cooperative development work with various manufacturers of crop protection products. River Country Citrus 1987 Grove Manager Reported to Production Manager of this 13,000 acre Indian River citrus operation. Responsible for daily and long term horticultural decisions of 1,150 acre citrus grove. Directly supervised 11 full time employees. Supervised all spray applications, irrigation, fertilization, and harvesting. Managed payroll and purchasing. Education B.S. Agriculture, University of Florida, 1987 Major: Fruit Crops Professional Accomplishments Merck AgVet League of Excellence – 1994 Novartis Crop Protection Best of the Best – 1998 Novartis Idea Nova Award for Global Innovation – 1999 Speaker at International Citrus Congress - 2000 Graduate of Wedgworth Leadership Program for Agriculture & Natural Resources – 2003 Florida Citrus Mutual Allied Member of The year – 2005 Chairman Florida Citrus Mutual Allied Committee - 2006 Graduate of Leadership Palm Beach County – 2007 Syngenta Crop Protection Dan Shon Award – 2010 Syngenta Coastal Commercial Unit Leadership Award – 2011 Syngenta Coastal Commercial Unit Leadership Award Nominee – 2013 Syngenta Coastal Commercial Unit Leadership Award Nominee – 2014 President of Florida Weed Science Society – 2014 Syngenta Southern & Eastern Commercial Unit Innovator Award Winner – 2015 Member of the Palm Beach County Agricultural Enhancement Council – 2015 - 2020 Professional Certifications & Memberships American Society of Agronomy National and State Certified Crop Advisor Member of Florida Entomological Society Member of Florida Weed Science Society Member of Florida Fertilizer & Agrichemical Association Member of Florida Fruit and Vegetable Association Member of Florida Citrus Mutual State of Florida Certified Trainer for Worker Protection Standard THE VILLAGE OF North Pala Beach r Office of the tillage Cleric 50 U:RIGhWAY ONE s NORTH PALM BEACH F_GRL A 33403-490 s 5?-341 _3355. FAX 561-881-7469 APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME / kPHONE OCCPATI BUSINESS ADDRESS c E-MAIL ADDRESS iopt)on t /,77, Resume attached' (ciptionaif, Yes leo Brief Desc iption of Education/Experience 4,1 Ars you a registered voter's Yes l to too you live here year-round orseasonally? 06-9 HowHow bang have y u lived in Noah Palm Bead? t Please ,/ fist any current or prior experience as a volunteer on a board. committee, association. etc. spyJ- d far., _ s - Ati J1 A,_// i' /0_% -ja f !/...' 6 Ld.- 1 . 1.,, n/ / n/ / l _ .. . Lr '4r ._ -- Do you currently serve can a `itlage Beard? Yes _ o _-jes, w tieh one? Please indicate tate board or comms on which you wish to serve. If more than one, number for preference, with first choice being . Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for {golf Advisory Board. please cheek if Whys are you interested in serving on this board? Signature General Employees Pension Board Police and Fire Pension Board F Planning Commission - ii' Recreation Advisory Board Waterways Board are a, Golf Member MGA Member WGA Member Please Note: by Florida 4 -vv, !h c-.;ume t is a public record I§ you do not want you e!nu-' address released in resporse t1 a public- ee ors react not irtclWe your ema=1address„ If your nomaddress and phone nurnber are exempt under Florida Stat.a'Ea please ad €se the Clerk's whey, submirlin th.s form reY 20'9.03_18 8O5HummbnahkdWay 4D North Palm Beach, FL 334010 561) 512-5080 Seeking opportunities that will benefit from my eight years of sales experience and my 35 years as a Certified Athletic Trainer LumaCare, Salt lake City, Utah - Territory Sales Manager July 2021 - Present Companies first full-time National Sales Representative. p Responsible for selling lasers to several medical venues and to people for home use. 0 Extensive traveling throughout the country attending trade shows. Weild Enterprises INC, North Palm Beach, FL - Owner & Business Consultant March 2020 - PRESENT w Responsible for selling medical and fitness equipment to several medical and fitness nenvan including physical therapists, long term care, chiropractors, hospital, dentist, and athletic trainers Extensive traveling throughout Fl nrida and Georgia in developing new accounts with different exclusive equipment lines Responsible for selling medical and fitness equipment to individual users through direct contacts' my personal website, and social media. Business consultant for the business's doily operation. MedQuip, Clearwater, FL - Southeost Florida Territory Monoger January 28I8 - March 2021 Responsible for selling medical and fitness equipment to several medical and fitness venues including physical Therapist, Long Term [are, Chiropractors, hospitals, dentist, and athletic trainers w Extensive traveling throughout Southeast Florida in maintaining existing and developing new accounts An exclusive representative for all B1udex equipment in my Southeast region of -Florida including all the training as well. Multi Radiance Medical, Solon, Ohio - Florida Territory Manager May 2014 - December 2817 The company's first Florida Representative. Responsible for selling laser equipment to several medical venues. After a release of the majority of the sales representatives, I was the only one they allowed to stay on as an independent sales representative cvteon1vc traveling throughout Florida in developing new accounts. w Currently still selling their lasers in 2828 Collins Sports Medicine, Raynham» MA— Florida Soles Representative January 2813 - May 2014 The company's first and only Florida Representative. w Responsible for selling sports medicine equipment and supplies to schools and medical venues. w Increased growth by 47"6 in Florida. p Extensive traveling throughout Florida in developing new accounts. Palm Beach Atlantic University» West Palm Beach, FL — Head Athletic Trainer July ZQlO - May 2013 Responsible for the core and prevention of eleven NCAA Division II intercollegiate athletic teams. Supervised three assistants and several students Oversee the athletic deportment's drug education program Athletic Training Consultant» West Palm Beach, FL— Director of Operations une 2807 - June 2813 Responsible for the care and prevention of student -athletes at Kings Academy in West Palm Beach. Provide rehabilitation for patients at n chiropractic office. Drug testing for a variety of clients including the NBA' minor league baseball, and m{Aa universities' w Responsible for sales and marketing for a chiropractic office September 2082 - May 2807 w Developed and own my own sports medicine clinic Pruv1ded custom made orthotics Taught CPR & First Aid classes Provide athletic training services for schools and snorting events w Drug testing for a variety of clients including the NBA' minor league baseball and NCAA universities. Palm Beach Atlantic University -Program DirectorlHead Athletic Trainer June 1998 - August 2002 Hired as the first certified athletic trainer Implemented the establishment of an athletic training department Development of an athletic training major Founder of the Student Athletic Council Sacred Heart University, Fairfield, CT - Program DirectorlHead Athletic Trainer July 1988 - May 1998 Hired as the first certified athletic trainer Implemented the establishment of an athletic training department. Developed an athletic training academic program. Approximately 100 individuals have worked under my direction in the area of assistants and students. 0 Since my arrival, the athletic department increased from eight to thirty sports while maintaining high standards of care and prevention to Athletes. Developed a drug education program EDUCATION Sacred Heart University,, Fairfield, CT - Masters of Arts in Teaching 1991 Wright State University, Dayton,, OH - BS in Education, Major- Physical EducationlSports Medicine - 1986 President's Award presented to me by the Athletic Trainers Association of Florida College Athletic Trainer of the Year presented to me by the Florida Trainers Association of Florida. Outstanding Contribution Award presented to me by Sacred Heart Lhiiversity Athletic Department PRESENT & PAST PROFESSIONAL Advisory Board Member Keiser University -West Palm Beach Sports Medicine Fitness Technology President Earman Villas Cmndominiom Association w Vice President of the Athletic Training Association nil Florida n Board of Directors for the Athletic Training Association of Florida m Advisory Committee for the Palm Beach County Sports Commission Board Member for Summit Christian School National Crew Chief Drug Tester for the NCAA and the NBA w Webmaster for the Athioz c 3ra ners Association of Florida CURRENT CERTIFICATIONS Board of Certification (BOC Certified) in athletic Training p CPR & First Aid VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jessica Green, Village Clerk DATE: April 28, 2022 SUBJECT: RESOLUTION – Annual Village Board Appointments In accordance with Chapter 2, Article 1 of the Code of Ordinances, the Village Council may appoint citizens as members of its Boards to serve at the pleasure of the Council. There are 21 volunteer positions on Village Boards to be filled; appointees will serve 1, 2, or 3 year terms, depending on the Board. Requests for volunteers were advertised in the Newsletter, on the Village website, in social media, and at Village Hall. The Village Clerk received 10 new applications for positions on 9 boards. New applicants were contacted for interviews with the Village Council. The 2022 Advisory Board Applicants Report is attached for Council consideration. The report details the positions to be filled, new applicants and incumbents requesting reappointment. An Advisory Board Absence Report on incumbent member absences during their current terms of office is also attached. Council interviews of new applicants will be conducted during Item 6A, Statements from the Public, followed by the selection of members and approval of the resolution. Pursuant to Section 2-1(f)(1) of the Village Code, members serve at the pleasure of the Village Council and the Council may appoint new members or reappoint i ncumbent members at its discretion. The term of appointment varies, depending on the Board, and the Village Council may modify the duration of a member’s term at the time of appointment in order to provide for staggered terms. Based on the modifications made during last year’s appointment process, the terms of Board members are once again staggered as contemplated by the Code. The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. There is no fiscal impact. Recommendation: Village Administration recommends Council consideration of the applicants , selection of board members by ballot, and adoption of the proposed Resolution. Page 1 of 2 RESOLUTION 2022-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, ENVIRONMENTAL COMMITTEE, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 2, Article I of the Village Code of Ordinances, the Village Council may appoint residents of the Village as members of Village advisory boards to serve at the pleasure of the Village Council, subject to the terms and conditions set forth therein; and WHEREAS, the Village Council wishes to appoint Village residents to serve on the Village Audit Committee, Environmental Committee, Golf Advisory Board, Library Advisory Board, Planning Commission, Recreation Advisory Board, and Waterways Board. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The following persons are hereby appointed to various Village Boards and Committees for the terms commencing May 1, 2022 and expiring as indicated below: AUDIT COMMITTEE April 30, 2025 April 30, 2025 April 30, 2025 April 30, 2025 ENVIRONMENTAL COMMITTEE April 30, 2024 April 30, 2024 April 30, 2024 GOLF ADVISORY BOARD April 30, 2023 April 30, 2023 April 30, 2024 Page 2 of 2 LIBRARY ADVISORY BOARD April 30, 2024 April 30, 2024 April 30, 2024 PLANNING COMMISSION April 30, 2024 April 30, 2024 RECREATION ADVISORY BOARD April 30, 2024 April 30, 2024 WATERWAYS BOARD April 30, 2025 April 30, 2025 April 30, 2025 April 30, 2025 Section 2. The Village Clerk is hereby directed to send a conformed copy of this resolution to the members appointed above. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 28TH DAY OF APRIL, 2022 (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH 2022 BOARD APPLICANTS Positions with terms expiring 4/30/22 are listed below. The Village Council may appoint new members or reappoint incumbents at its discretion. The term of appointment varies, depending on the Board and the Village Council may modify the duration at the time of appointment in order to provide for staggered terms. Audit Committee 4 Seats 3 year term Requirements Village resident; education or experience in finance or business preferred New applicants None 4 Incumbents Thomas Andres, Tom Magill, Suzanne Mehregan and David Talley have requested reappointment Environmental Committee 3 Seats 2 year term 3 New applicants Brian Bartels: Interested in 2 boards Environmental Committee #1, Planning Commission #2 Lauren Hopkins: Interested in 2 boards Planning Commission #1, Environmental Committee #2 John Taylor 3 Incumbents Lisa Interlandi, Karen Marcus and Kendra Zellner have requested reappointment Golf Advisory Board 3 Seats MGA and WGA positions have 1 year term; all others have 2 year terms Requirements 1 Resident Golf Member, 3 Resident or Non-Resident Golf Members 1 MGA Rep or Golf Member, 1 WGA Rep or Golf Member, 1 member with no Membership or Residency Requirement 1 New applicant Karen O’Connell 3 Incumbents Sandra Felis (WGA), Rich Pizzolato (MGA), and Orlando Puyol have requested reappointment Library Advisory Board 3 Seats 2 year term 1 New applicant Kathleen Porter 3 Incumbents Tina Chippas, Carolyn Kost and Leslie Metz have requested reappointment Planning Commission 2 Seats 2 year term Requirements Village Resident; 1 Land Use Planner or Architect; 1 Architect; 1 Civil Engineer; 1 Person engaged in business in NPB; 3 members need not be any particular business or profession 3 New applicants Brian Bartels: Interested in 2 boards Environmental Committee #1, Planning Commission #2 Valerie Hannah: Interested in 2 boards Planning Commission #1, Waterways Board #2 2022 VNPB Board Applicants Page 2 of 2 Planning Commission cont’d Lauren Hopkins: Interested in 2 boards Planning Commission #1, Environmental Committee #2 2 Incumbents Tom Hogarth and Nathan Kennedy have requested reappointment Recreation Advisory Board 2 Seats 2 year term 3 New applicants Paul Czerniak: Interested in 2 boards Recreation Advisory Board #1, Waterways Board #2 Megan Sease Michael Weild 2 Incumbents Rita Budnyk and Stephen Heiman have requested reappointment Waterways Board 4 Seats 3 year term 3 New applicants Paul Czerniak: Interested in 2 boards Recreation Advisory Board #1, Waterways Board #2 Valerie Hannah: Interested in 2 boards Planning Commission #1, Waterways Board #2 Christopher McDermott 4 Incumbents Paul Bartlett, Bruce Crawford, Bill Hipple and Jerry Sullivan have requested reappointment Audit Committee: 3 year staggered term (On Call) Name Initial Appointment Date Current Term of Office Board Term Meetings in Term Absences in Term Absences since 5/1/21 Dates Absent in Current Term Total Years of Service Magill, Tom August 18, 2004 5/1/2019 - 4/30/2022 3 years 14 18 Chairman Andres, Thomas April 25, 2019 5/1/2019 - 4/30/2022 3 years 14 3 1 4/6/22, 3/11/20, 6/5/19 3 Member Mehregan, Suzanne April 26, 2018 5/1/2019 - 4/30/2022 3 years 14 2 2 10/13/21, 8/9/2021 4 Member Talley, David May 1, 2006 5/1/2019 - 4/30/2022 3 years 14 2 1 12/15/21, 3/11/2020 16 Member Environmental Committee: 1st Monday of the month at 6:00 pm; 2 year staggered term Name Initial Appointment Date Current Term of Office Board Term Meetings in Term Absences in Term Absences since 5/1/21 Dates Absent in Current Term Total Years of Service Marcus, Karen April 25, 2019 5/1/2021 - 4/30/2022 1 year 11 1 1 2/7/22 3 Chair Interlandi, Lisa April 25, 2019 5/1/2021 - 4/30/2022 1 year 11 1 1 8/2/21 3 Vice Chair Zellner, Kendra April 25, 2019 5/1/2021 - 4/30/2022 1 year 11 2 2 1/10/22, 9/13/2021 3 Member Golf Advisory Board: 3rd Monday of the month at 6:00 pm; 2 year staggered term, 1 year term for MGA Rep Name Initial Appointment Date Current Term of Office Board Term Meetings in Term Absences in Term Absences since 5/1/21 Dates Absent in Current Term Total Years of Service Pizzolato, Richard November 10, 2016 5/1/2021 - 4/30/2022 1 year 10 6 Vice Chairman, MGA Rep Puyol, Orlando May 1, 2021 5/1/2021 - 4/30/2022 1 year 10 2 2 1/17/22, 7/19/21 1 Resident Golf Member Felis, Sandra May 1, 2021 5/1/2021 - 4/30/2022 1 year 10 1 1 1/17/22 1 WGA Rep Library Advisory Board: 4th Tuesday of the month at 7:00 pm; 2 year staggered term Name Initial Appointment Date Current Term of Office Board Term Meetings in Term Absences in Term Absences since 5/1/21 Dates Absent in Current Term Total Years of Service Kost, Carolyn February 23, 2012 5/1/2021 - 4/30/2022 1 year 10 10 Member Chippas, Tina April 26, 2018 5/1/2021 - 4/30/2022 1 year 10 1 1 7/27/21 4 Member Metz, Leslie July 12, 2018 5/1/2021 - 4/30/2022 1 year 10 2 2 11/23/21, 8/24/2021 4 Member Planning Commission: 1st Tuesday of the month at 6:30 pm; 2 year staggered term Name Initial Appointment Date Current Term of Office Board Term Meetings in Term Absences in Term Absences since 5/1/21 Dates Absent in Current Term Total Years of Service Hogarth, Thomas August 30, 2012 5/1/2021 - 4/30/2022 1 year 12 1 1 3/1/22 10 Civil Engineer Kennedy, Nathan May 1, 2021 5/1/2021 - 4/30/2022 1 year 12 1 Economist Recreation Advisory Board: 2nd Tuesday of the month at 7:00 pm; 2 year staggered term Name Initial Appointment Date Current Term of Office Board Term Meetings in Term Absences in Term Absences since 5/1/21 Dates Absent in Current Term Total Years of Service Heiman, Stephen May 1, 2021 5/1/2021 - 4/30/2022 1 year 11 1 Member Budnyk, Rita May 1, 2021 5/1/2021 - 4/30/2022 1 year 11 1 Member Waterways Board: 3 year staggered term (On Call) Name Initial Appointment Date Current Term of Office Board Term Meetings in Term Absences in Term Absences since 5/1/21 Dates Absent in Current Term Total Years of Service Sullivan, Jerry May 1, 2008 5/1/2019 - 4/30/2022 3 years 1 13 Chairman Hipple, Bill December 9, 2010 5/1/2019 - 4/30/2022 3 years 1 1 11/17/2021 12 Vice Chairman Crawford, Bruce November 1, 2007 5/1/2019 - 4/30/2022 3 years 1 15 Secretary Bartlett, Paul April 28, 2016 5/1/2019 - 4/30/2022 3 years 1 6 Member VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: The Honorable Mayor and Members of the Village Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Director of Community Development DATE: April 28, 2022 SUBJECT: Ordinance 1st Reading – Amending Section 45-2 of the Village’s Zoning Code to Modify the Definition of the Term “Dwelling Unit”. In accordance with policy direction from the Village Council, Village staff is recommending adoption of an ordinance modifying the definition of the term “dwelling unit” to eliminate the allowance of units with no bedrooms or one bedroom within commercial zoning districts that permit mixed uses to be counted as one-half of a dwelling unit for purposes of calculating project density. Background: In 2016, the Village adopted the North Palm Beach Citizen’s Master Plan (“Master Plan”). One of the key recommendations of the Master Plan was the creation of a form-based code to incentivize redevelopment of the Village’s commercial corridors. The goal of a form-based code is to control building form first and then building use second. The Village brought in the firm of Dover, Kohl & Partners and its consultant Spikowski Planning Associates to develop a form-based code for the Village’s commercial zoning districts. The process of revising the Village’s land development regulations and comprehensive plan officially started in January 2018. The consulting team held its first public workshop in April 2018, followed by seven additional workshops, held between December 2018 and May 2019. The consulting team and Village staff incorporated feedback from the workshops into draft land development regulations and comprehensive plan amendments. A preliminary version of the draft regulations and comprehensive plan amendments was workshopped with the Planning Commission in January 2020 for feedback. Density Calculation for Studio/One Bedroom Units: One of the numerous code changes that was included in the draft code was amending the definition of the term dwelling unit to count a one-bedroom or studio units in a commercial zoning district that allows mixed uses as one half (0.5) of a dwelling unit for density calculation purposes. The 0.5 dwelling unit provision was then adopted with the remainder of the Village code updates in the fall of 2020. The purpose of assigning maximum residential density in a land use category is to attempt to limit the number of residents in new developments. There is a clear nexus between the average number of residents that typically live in a one-bedroom apartment versus that of a two or three- bedroom apartment. For instance, the Village’s R-3 Multi-Family Zoning District requires one more parking space for three-bedroom units than one and two-bedroom units. Palm Beach Gardens requires one parking space per bedroom in multi-family developments, as do numerous other municipalities. Many municipalities around the country grant density reductions or bonuses for the provision of smaller dwelling units in multi-family developments because they tend to have fewer residents than larger units. When drafting the code, Village staff thought that creating the .5 dwelling unit provision was a best practice and an equitable way to treat density in the Village’s mixed-use districts. The 200 Yacht Club Drive project utilized the .5 dwelling unit provision to provide a greater number of one-bedroom units than would have been allowed without the provision. Some residents along Yacht Club Drive have voiced concerns that the project has too many units and have requested that the Village Council repeal the code provision modifying the definition of dwelling unit. In response to the feedback provided by the residents, the Village Council directed staff to draft an Ordinance repealing the .5 dwelling unit provision. Planning Commission Recommendation: At the April 5, 2022 Planning Commission meeting, staff gave an overview of the adoption of the .5 dwelling unit provision and discussed other methods that municipalities use to incentivize smaller units. Some members of the Planning Commission were concerned that eliminating the .5 dwelling unit provision would make the US-1 Corridor less appealing to mixed-use developers. All of the commissioners were in agreement that the Village should take a more comprehensive review of density and how density bonuses are granted. Some members noted that they would like to ensure that projects provide a greater amount of commercial square footage when granting any kind of density incentive. Several of the commissioners noted that they would like to evaluate permanent changes to density bonuses in the Village’s mixed-use commercial zoning districts before eliminating the .5 dwelling unit provision. They expressed concern that there would not be as much urgency to undertake a comprehensive review of density once the .5 dwelling unit provision was eliminated. As a result of this concern, a motion to recommend approval of the proposed Ordinance modifying the definition of the term “dwelling unit” failed by a vote of 3 to 3. Recommendation: In accordance with policy direction from the Village Council, Village staff is recommending adoption of an ordinance amending Section 45-2 of the Village’s Zoning Code and modifying the definition of the term “dwelling unit” to eliminate the allowance of units with no bedrooms or one bedroom within commercial zoning districts that permit mixed uses to be counted as one-half of a dwelling unit for purposes of calculating project density. Page 1 of 2 ORDINANCE NO. 2022-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN 4 GENERAL,” OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF 5 ORDINANCES BY AMENDING SECTION 45-2, “DEFINITIONS,” TO 6 MODIFY THE DEFINITION OF THE TERM DWELLING UNIT; PROVIDING 7 FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 8 CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER 9 PURPOSES. 10 11 WHEREAS, through the adoption of Ordinance No. 2020-06, the Village Council adopted a form-12 based commercial Zoning Code prepared by the Village’s consultants, in addition to certain other 13 revisions recommended by Village residents, Village Staff, and the Village’s advisory boards; and 14 15 WHEREAS, Ordinance No. 2020-06 amended the definition of the term dwelling unit to allow 16 units with no bedrooms or one bedroom within commercial zoning districts that allow mixed uses 17 to be counted as one-half of a dwelling unit; and 18 19 WHEREAS, the Village Council wishes to repeal the 2020 revision to the definition of the term 20 dwelling unit; and 21 22 WHEREAS, on April 5, 2022, the Planning Commission, sitting as the Local Planning Agency, 23 conducted a public hearing to review this Ordinance and provide a recommendation to the Village 24 Council; and 25 26 WHEREAS, having considered the recommendation of the Planning Commission and conducted 27 all required advertised public hearings, the Village Council determines that the adoption of this 28 Ordinance is in the interests of the health, safety and welfare of the residents of the Village of 29 North Palm Beach. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 32 OF NORTH PALM BEACH, FLORIDA as follows: 33 34 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 35 36 Section 2. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 37 Village Code of Ordinances by amending Section 45-2, “Definitions,” of Article I, “In General,” 38 to read as follows (deleted language is stricken through): 39 40 Sec. 45-2. Definitions. 41 42 For the purpose of this Code, certain words and terms are defined as follows: 43 44 * * * 45 46 47 Page 2 of 2 Dwelling unit is a single unit providing complete, independent living facilities 1 for one (1) or more persons including permanent provisions for living, sleeping, 2 eating, cooking and sanitation. For purposes of computing residential density in 3 commercial zoning districts that allow mixed uses, a dwelling unit that contains 4 only one bedroom, or no separate bedroom, will be counted as one-half a dwelling 5 unit. 6 7 * * * 8 9 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 10 the Village of North Palm Beach, Florida. 11 12 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 13 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 14 such holding shall not affect the remainder of this Ordinance. 15 16 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 17 conflict herewith are hereby repealed to the extent of such conflict. 18 19 Section 6. This Ordinance shall take effect immediately upon adoption. 20 21 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 22 23 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 24 2022. 25 26 (Village Seal) 27 MAYOR 28 29 30 ATTEST: 31 32 33 VILLAGE CLERK 34 35 36 APPROVED AS TO FORM AND 37 LEGAL SUFFICIENCY: 38 39 40 VILLAGE ATTORNEY 41 42 VILLAGE OF NORTH PALM BEACH FINANCE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Samia Janjua, Finance Director DATE: April 28, 2022 SUBJECT: ORDINANCE – 2nd Reading – General Fund Budget Amendment for Approved Vehicle Financing Agreements and Use of Net Income Village staff is requesting Council consideration and approval of a budget amendment Ordinance for approved vehicle financing agreements and for the use of net income in the general fund for capital improvements. Vehicle Financing: Village Council has approved the following vehicle financing programs with Pinnacle Public Finance, Inc. in Fiscal Year 2022: Resolution Description Lease Term Total Financed Interest Rate Total Payments 2022-07 Schedule 6 5 years $482,712.07 1.74% $509,437.97 2022-13 Schedule 7 7 years 732,400.00 2.41% 822,334.77 Total $1,215,112.07 $1,331,772.74 The annual debt service for these capital leases is budgeted in the General Fund; however, the Village’s Auditor has advised that the total amount financed for capital leases should be shown in the Fiscal Year 2022 budget as “other financing sources/uses” and capital outlay for financial reporting purposes. (Note: this requirement is for the first year of the lease only): GASB “When a capital lease represents the acquisition or construction of a general capital asset, the acquisition or construction of that asset should be reflected as an expenditure and other financing source, consistent with the accounting and financial reporting for general obligation bonded debt.” There won’t be a net income effect but, because it increases the total General Fund Budget, a budget amendment ordinance is required: Budget Amendment: Fund Account Description Use Source General Fund A4200-09901 Capital Lease $1,215,113 General Fund A5540-66000 Capital Lease $1,215,113 Total $1,215,113 $1,215,113 Use of Fiscal Year 2021 Net Income: At its March 24th Regular Session, the Village Council discussed the use of the Fiscal Year 2021 net income for certain capital improvements. The following budget amendment transfers $2 million from the General Fund Unassigned Fund Balance to the Village’s Capital Improvement Plan (CIP) Fund. Note: This budget amendment transfers the funds to the Village’s CIP Fund only. Each project will be brought back to Council for discussion and approval prior to transferring these funds to the individual project accounts. Budget Amendment: General Fund: Account Description Use Source A4600-09100 Appropriated Fund Balance $2,000,000 A5540-49032 Transfer Out to Capital Projects Fund $2,000,000 Total $2,000,000 $2,000,000 Capital Projects Fund: Account Description Use Source K3900-09180 Transfer In from General Fund $2,000,000 K5541-66000 Reserve Expenses - Capital $2,000,000 Total $2,000,000 $2,000,000 At its April 14, 2022 meeting, the Village Council adopted the Ordinance on first reading without modification. The attached Ordinance has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and approval on second reading of the attached Ordinance authorizing the Mayor and Village Clerk to execute the required budget amendments for approved vehicle financing agreements and the use of net income to fund capital improvements in accordance with Village policies and procedures. Page 1 of 2 ORDINANCE NO. 2022-____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND 4 BUDGET FOR FISCAL YEAR 2022 TO CLASSIFY THE TOTAL AMOUNT 5 FINANCED FOR VILLAGE VEHICLES AS CAPITAL OUTLAY AND TO 6 TRANSFER NET INCOME FROM THE GENERAL FUND UNASSIGNED FUND 7 BALANCE TO THE CAPITAL IMPROVEMENT PLAN FUND; PROVIDING FOR 8 CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, during Fiscal Year 2022, the Village Council approved two capital lease programs, one 12 Village-wide and the other for a fire rescue vehicle (fire truck); and 13 14 WHEREAS, while the Village has budgeted the annual debt services for these leases in the General 15 Fund, the Village Auditor has advised the Village that the total amount financed for capital leases should 16 be shown in the Fiscal Year 2020 budget as “other financing uses/sources” and capital outlay during the 17 first year for financial reporting purposes; and 18 19 WHEREAS, notwithstanding the lack of any net income effect, because this amendment increases the 20 total amount of the budget, this transfer must be accomplished by ordinance as required by Section 21 166.241, Florida Statutes; and 22 23 WHEREAS, the Village Council also wishes to amend the General Fund budget to transfer $2,000,000 24 in net income from the General Fund unassigned fund balance to the Village’s Capital Improvement 25 Plan Fund; and 26 27 WHEREAS, the Village Council determines that the adoption of these budget amendments is in the best 28 interests of the residents of the Village of North Palm Beach. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM 31 BEACH, FLORIDA as follows: 32 33 Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated herein. 34 35 Section 2. In order to reclassify the total amount financed for capital leases, the Village Council 36 hereby amends the adopted Village of North Palm Beach General Fund budget for Fiscal Year 2022 as 37 follows: 38 39 Budget Amendment: 40 41 Fund Account Description Use Source General Fund A4200-09901 Capital Lease $1,215,113 General Fund A5540-66000 Capital Lease $1,215,113 Total $1,215,113 $1,215,113 42 Section 3. In order to transfer monies from the General Fund unassigned fund balance to the Capital 43 Improvements Plan Fund, the Village Council hereby amends the adopted Village of North Palm Beach 44 Fiscal Year 2022 budget as follows: 45 Page 2 of 2 General Fund: 1 2 Account Description Use Source A4600-09100 Appropriated Fund Balance $2,000,000 A5540-49032 Transfer Out to Capital Projects Fund $2,000,000 Total $2,000,000 $2,000,000 3 Capital Projects Fund: 4 5 Account Description Use Source K3900-09180 Transfer In from General Fund $2,000,000 K5541-66000 Reserve Expenses - Capital $2,000,000 Total $2,000,000 $2,000,000 6 Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget 7 amendments for and on behalf of the Village of North Palm Beach. 8 9 Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 10 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 11 shall not affect the remainder of this Ordinance. 12 13 Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith 14 are hereby repealed to the extent of such conflict. 15 16 Section 7. This Ordinance shall be effective immediately upon adoption. 17 18 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 19 20 PLACED ON SECOND, FINAL READING AND PASSED THIS ________ DAY OF ___________, 21 2022. 22 23 24 (Village Seal) ______________________________ 25 MAYOR 26 ATTEST: 27 28 29 VILLAGE CLERK 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY: 33 34 35 VILLAGE ATTORNEY 36 Village of North Palm Beach Village Manager’s Office TO: Chairman Magill and Audit Committee Members FROM: Andrew D. Lukasik, Village Manager DATE: March 4, 2022 SUBJECT: Recommendations for Deployment of FY2021 General Fund Net Income Funds As you know, Village staff is estimating that the FY2021 General Fund Net Income will be approximately $2.2m. Generally, this surplus would be rolled into the General Fund Unassigned Fund Balance. However, given that the Fund Balance amount is healthy, Village staff believes that it is prudent to invest the net income amount in needed capital improvements and equipment acquisition. Staff’s recommendation includes projects that have been in the CIP, can be implemented – or begin to be implemented -- within the next year and have funding shortfalls. Staff is requesting input from the Audit Committee before finalizing a recommendation to the Village Council. The following is a list of recommended investments as prioritized by staff for the use of $2m of the Net Income: Public Safety Uninterruptible Power Supply (UPS) System: $90,000 Currently, the replacement of the UPS System at the Public Safety Building is included in the Capital Improvement Plan (CIP) as part of a large-scale project that was developed to secure grant funding. Unfortunately, funding for the grant program is limited and the Village’s project didn’t receive any funding. No matching funds from the Village were included in the CIP for this equipment. Essentially, the UPS System is a battery backup power system that supplies power long enough for equipment to properly shut down when utility power fails. It prevents the loss of data and minimizes the stress a hard shutdown causes on electronic equipment. The UPS is also a surge protector that protects connected devices from power problems, like surges or abnormal voltages, which can damage, reduce lifespan, or affect performance of electronic equipment and devices. Although the Building is equipped with a generator, the UPS is important to protect equipment during power outages – especially during the arrival of a storm event. Cardiac Monitors and Power Stretchers: $240,000 Cardiac monitor/defibrillator are a major component in providing high quality emergency medical services. Technology advances require replacement every five (5) years. Four (4) of the Village’s cardiac monitors/defibrillators are scheduled to be replaced in FY2023. However, the Assistance to Firefighters Grant Program, which wasn’t funded, this year, was expected to fund the bulk of the expense. The CIP included a Village match amount of $40,000 to fund the $160,000 acquisition. If net income is used, the Village share in the CIP will be reprogrammed for other projects – in other words, we’ll redeploy it for other infrastructure needs over the next year or two. Additionally, Fire Rescue requires the replacement of two (2) power stretchers that will have reached the end of their useful life and will no longer be supported by the manufacturer by 2023. The power stretchers, and their associated loading systems, provide a safer method of loading and off-loading patients reducing both the possibility of dropping the patient or causing injury to the caregiver. The CIP included a Village match amount of $20,000 to fund the $80,000 acquisition. If net income is used, the Village share in the CIP will be reprogrammed for other projects. Anchorage Park Playground: $125,000 The playground at Anchorage Park is heavily used. It is reaching the end of its useful life (installed in 2009) and needs to be replaced with a more modern structure that will provide shade. $250,000 is currently budgeted ($125,000 from the General Fund and $125,000 from a LWCF grant). Increasing the Village’s contribution by $75,000, for a total match of $200,000, will allow the Village to get the maximum grant match of $200,000 for a total project cost of $400,000. An additional $50,000, however, will allow the Village to secure a playground with greater shade and amenities. This would take the use of net income to $125,000 for a total project cost of $450,000. Air Handlers/Chiller Replacement: $440,000 Three of the Village’s facilities (Village Hall, the Library and the Public Safety Building) are in critical need of investments in their air conditioning infrastructure. The Village Hall is in need of new air handlers (installation) and a chiller. The total project cost is $190,000. No Village funding is currently allocated for this work as grants were anticipated to fund the work. However, Village staff intends to pay for the air handler/air purification system using ARPA funding ($10,000). Net income in the amount of $180,000 would be used to purchase and install the new chiller and install the air handler. Please note that staff is recommending for using the ARPA funds for the purchase of the air handler/air purification system and NOT the installation of the equipment in order to facilitate the single audit process that will be required due to the use of federal funding. The Village intends to program ARPA funds for use on projects or equipment that are clearly eligible under Treasury’s guidance and avoid any instances of ambiguity. In saying this, and at the risk of creating some confusion, it should be noted that the US Treasury developed its final rule for the use of ARPA funding and it results in greater flexibility for the use of those funds. The final rule allows municipal jurisdictions to spend a standard amount, up to $10 million (the Village is receiving $6.5 million), within the revenue loss category—even if they did not actually experience a revenue loss. Municipalities have broad latitude to use their entire standard allocation to support local government services and avoid many of the other categories’ additional requirements. The purpose of this new assumption is most likely to eliminate the need for Treasury to review a flood of single audits. While the final rule creates flexibility in the use of the ARPA funding, staff is not suggesting deviating from the general policy guidelines that Council established for their use (water quality, air quality, software application for Community Development to allow electronic submittal and review of development and permit applications). Village staff is proposing to replace five (5) condensing units at the Library with the purchase of a new chiller along with replacement of the existing air handlers. The entire project is anticipated to cost $600,000. The CIP currently has $400,000 allocated for this project. The new system will replace the originally installed system (1968). At this time, we’re continuing to evaluate the design to determine the number of handlers needed. Because of the uncertainty related to the air handlers, staff is recommending allocating $200,000 of the net income amount towards this project. The Public Safety Building is in need of three (3) air handlers. The work is identified in the CIP, but has been anticipated to be funded solely by grants. Staff recommends allocating $60,000 from net income for the installation of the air handlers. In summary, staff is recommending the use of net income for the municipal facilities air handler/chiller replacement project be used for 1) the purchase and installation of a chiller and air handler at Village Hall in the amount of $180,000, 2) the purchase and installation of air handlers at the Library in the amount of $200,000 and 3) the installation of air handlers at the Public Safety Building in the amount of $60,000. Total use of net income for this project, then, is $440,000. Work Order Software for Public Works: $100,000 The Department of Public Works maintains a system of disconnected software systems that are used to track activities and inventory. These separate systems have made it difficult to manage data to fully understand workload and activities, supply and inventory use and control, and asset management. Additionally, these software components are not tied to the Village’s financial software. To improve record keeping and data gathering, it is recommended that Public Works secure a comprehensive work order software system. This proposed software acquisition is not included in the Village’s CIP. The redefined leadership positions in the Department have led to a new perspective regarding operational needs – the software was not previously identified as a needed work tool but has grown in importance as resource management, decision making and efforts to work efficiently are being hindered by the lack of data integration. Front Load Solid Waste Vehicle: $330,000 The Village’s Solid Waste Division operates three (3) front loaders to service commercial and multi-family accounts. Two trucks are used for daily operations with the third being used as a spare. Although not the Village’s past practice, those three trucks are being rotated in and out of service so that the spare doesn’t sit idle for long periods of time. One front load truck is set for replacement in 2023 due to consistent mechanical and electronic failures requiring frequent repairs. Currently, the time between ordering a vehicle and delivery is generally over one year. Staff is recommending that funding be dedicated for this purpose now in order to begin the process to acquire a new front load garbage truck. Lighthouse Traffic Calming/Bridge Design: $115,000 The Lighthouse Bridge was constructed in 1958 and needs to be reconstructed as its nearing the end of its useful life. Although it’s “health index” is good (at 92.8) it is functionally obsolete in that it does not adequately accommodate pedestrians and bicyclists and its weight bearing capacity is limited. Regarding the “health index”, a score between 80 – 90 is generally considered to be “fair” while a score that is less than 80 is considered “poor”. Design and engineering expenses are funded in the CIP in the amount of $100,000 in FY2022. Staff is recommending that the amount be increased by $115,000 (for a total of $215,000) to address preliminary engineering activities associated with the bridge as well as planning services associated with the introduction of traffic calming solutions on Lighthouse Drive. It should be noted that traffic calming on Lighthouse Drive was identified as a “High Priority” action item in the Citizens’ Master Plan. Additionally, members of the Village Council and Village staff receive many complaints about speeding on Lighthouse Drive (and other local streets). Evidence of these concerns from the public can be found on Nextdoor as a petition is currently being circulated requesting the installation of speed humps in order to reduce speeds on Lighthouse Drive. Additional funding for engineering services are included in FY2023. $250,000 has been programmed to fund additional engineering associated with the design of the bridge. East Alleyway Resurfacing and Wall Replacement and/or Anchorage Park Dry Storage: $560,000 These two projects have funding in the CIP but have been delayed and/or may experience shortfalls. Staff would recommend reserving the sum of $560,000 from net income to apply towards one or both of these projects. Staff would anticipate having the Village Council make a final policy decision once additional project information is available. East Alleyway: The Village will pursue the resurfacing and design/replacement of the walls in the alley east of US1. Funding is available in the CIP but has been delayed due to other obligations. Additionally, the funding is limited to $100,000 annually in fiscal years 2024, 2025 and 2026. If this project is determined to be a priority by the Village Council, it is anticipated that the additional funding from net income will be able to be combined with some operating and capital expenditure savings from FY2022. Delaying construction until the availability of additional funds at the beginning of the next fiscal year will allow staff time to secure feedback on wall designs from residents, Planning Commission and Council and coordinate planning and implementation of the work with residents adjacent to the alley (the project will touch several residents’ back yards – so communication regarding the scope and coordination of activities is more sensitive than many other projects). Staff proposes to complete milling and resurfacing of the alley and the wall replacement concurrently. The section that has deteriorated more than the others is between Yacht Club Drive and Anchorage Drive North – most likely due to problems with the underlying stormwater infrastructure system. It is recommended that the Village complete work on this section first. Dry Storage: This project does have funding in the CIP but costs, depending upon the materials selected and scope of work (fencing, storage lot surface, etc), could exceed the budgeted amount. There continue to be policy decisions to be made by the Village Council prior to finalizing the design. Those decisions could impact the budget. Staff is recommending including this as a project for possible funding from FY2021 net income due to the uncertainty regarding the project budget. Summary: The recommended list of capital investments identified above will expend most of the net income amount from FY 2021. With the exception of the Public Works Work Order Software Project and purchase of the Front End Loader, all projects are currently included in the Village’s CIP (copies of the CIP project sheets are attached for your information). Most of the projects were eligible for grant funding but those grants have been limited and have delayed implementation of these important investments. As it relates to the Alley and Dry Storage Projects, the funding will allow the Village Council flexibility to work on those projects based upon their priority. Other Potential Projects for Funding: Although the projects identified above represent staff recommendations, there are a number of other projects that are currently in the CIP that could be considered as well: • Additional street resurfacing projects: there are a number of streets that have been completed with more scheduled soon. There are other streets that require milling and resurfacing as well, but the CIP has funding from the infrastructure surtax proceeds for the next four years. It is possible, however, that infrastructure surtax funding will end early. o On November 8, 2016, Palm Beach County voters approved a ballot issue to levy a One-Cent Infrastructure Sales Surtax to pay for the acquisition or improvements to public infrastructure. Collections began on January 1, 2017 and will end on or before December 31, 2026. It will sunset if the proceeds exceed $2.7 billion on or before September 1 of any year. Based upon County reports, it is likely that collection of the surtax will end on December 31, 2025. • Seawall replacement: seawalls at Lakeside Park and Anchorage Park are in poor condition. o Lakeside Park would be able to be replace quickly as engineering plans have already been developed. The CIP anticipates a project in 2025 using grant funding for 50% of the anticipated $750,000 cost. o No engineering plans have been developed for Anchorage Park – and no decisions have been made with respect to a Village Council policy question related to the replacement of the existing docks with floating docks or boat lifts. Funding could be used to develop plans for the seawall ($137,000 is included in the CIP in FY2023). • Tennis Court Lighting and Fence Replacement ($350,000): may be some grant funding available in the future. • Anchorage Park Path/Site Lighting: a $230,000 project is anticipated in FY2023 with 80% of the funding from the Recreation Trails Program Grant. • Fire Rescue Bathroom and Kitchen Remodel: improvements are needed, but it is a lower priority ($90,000). RESOLUTION 2022-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE ACQUISITION OF A SUTPHEN G9 BODY CUSTOM PUMPER FIRE APPARATUS FROM SOUTH FLORIDA EMERGENCY VEHICLES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING CONTRACT AND AUTHORIZING A SEVEN-YEAR LEASE PURCHASE AGREEMENT WITH PINNACLE PUBLIC FINANCE, INC.; APPROVING A PURCHASE AGREEMENT WITH SUTPHEN AND AUTHORIZING ITS EXECUTION; DECLARING AN EXISTING FIRE ENGINE AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fire Rescue Department recommended the lease -purchase of a Sutphen G9 Body Custom Pumper Fire Engine through Pinnacle Public Finance, Inc. to replace an existing 2002 Pierce Fire Engine; and WHEREAS, the Village's Purchasing Policies and Procedures authorize the use of current cooperative purchase contracts, and the Fire Engine will be acquired from Sutphen's local dealer, South Florida Emergency Vehicles, pursuant to pricing established in an existing Sourcewell Cooperative Purchasing Contract (Contract No. 022818 SUT); and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the acquisition of a Sutphen G9 Custom Body Fire Engine for South Florida Emergency Vehicles pursuant to pricing established in an existing Sourcewell Cooperative Purchasing Contract (Contract No. 022818 SUT) and the lease -purchase of the vehicle for a seven-year term through Pinnacle Public Finance, Inc. The total annual cost of the lease -purchase shall be $114,954.85 (at a total cost of $822,334.77 over the seven-year term), with funds expended from Account No. A8535-49158 (Debt Service — Vehicle Lease). The Village Council authorizes the Mayor and Village Clerk to execute the Purchase Agreement with Sutphen, a copy of which is attached hereto and incorporated herein by reference. The Village Council further authorizes the Village Manager to execute all required documents with Pinnacle Public Finance, Inc. to effectuate the lease -purchase transaction, subject to the review and approval of the Village Attorney. Section 3. Upon delivery, acceptance and placement into service of the new vehicle, the Village Council declares the following vehicle as surplus property and authorizes its disposal and trade-in in accordance with Village policies and procedures: Page 1 of 2 Unit No. Description VIN Engine Hours Engine 1 Shop #321 Pierce Enforcer 4P 1 CT02UX3A002851 7,655 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 24TH DAY OF FEBRUARY, 2022. oRryA 619F RIbA aVVV\ AYOR ATTEST: GE CLERK Page 2 of 2 Michael J. Krahenbuhl, VP 02/28/2022 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Village Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Director of Community Development DATE: April 28, 2022 SUBJECT: ORDINANCE 2nd READING – Adoption of Code Changes Related to Single- Family Residential Development History At the March 2, 2021 Planning Commission meeting, staff gave a presentation regarding large homes that are being constructed in the Village and options available to address concerns being raised by residents, Planning Commission members, and the Village Council. Staff then gave a similar presentation to the Village Council at its April 8th meeting. The Council discussed possible strategies to develop and implement a revised residential Code, including a moratorium on tear- down and rebuilds or an expedited process to develop new Code provisions. Staff requested time to evaluate strategies in order to accomplish Council’s policy objectives. At a May 13, 2021 Village Council Workshop, Village staff shared some preliminary observations about the housing trends in the Village with the Council and discussed possible methods to address Council’s policy direction. Specifically, staff recommended establishing a “Zoning in Progress” (“ZIP") for the R-1 Zoning District that would continue to allow redevelopment of residential properties within certain parameters until amendments to the Code could be adopted. Staff also recommended the creation of an Ad-Hoc Committee of residents to evaluate permanent code changes during the ZIP. Staff then drafted a Zoning in Progress Ordinance and presented it to the Planning Commission on June 8, 2021. The Planning Commission unanimously recommended approval. The Ordinance was brought to Village Council on August 12, 2021. At that meeting, the Village Council tabled consideration of the ZIP Ordinance and opted to appoint members to the Ad-Hoc Committee at its August 26th meeting. The Council further requested that the Ad-Hoc Committee review the proposed ZIP and provide recommendations in October. The Ad-Hoc Committee met on September 20, 2021 to review the proposed ZIP. All members and alternates were in attendance, as were several residents. The Ad-Hoc Committee discussed the ZIP standards at length and generally agreed that the ZIP standards were a reasonable temporary solution. The committee voted 6-1 to recommend adoption of staff’s recommendations regarding minimum landscaped area and 2nd story floor area. Due to uncertainty about the proposed maximum building height of thirty feet, the Ad Hoc Committee opted to recommend increasing it to thirty-five feet for ridged roofs and thirty feet for flat roofs. Summary of Ad Hoc Committee and Planning Commission Meetings The Village Council adopted the ZIP by a vote of 3-2 at its October 28, 2021 meeting. The ZIP was approved for a period of six months, with potential for a further six-month extension. The ZIP allowed development to continue within the R-1 District, with three restrictions: 1. All new one-story homes are to have a thirty-five percent (35%) minimum landscaped area, all new two-story homes were to have a forty (40%) minimum landscaped area, and are to provide a landscaped area of fifty (50%) in the required front setback. Homes on collector roads (i.e., Lighthouse Drive and Prosperity Farms Road) have to provide a forty (40%) minimum landscaped area within the front setback and properties with irreg ular shaped lots (cul-de-sacs) have to provide a twenty-five (25%) minimum landscaped area within the front setback. 2. All homes are limited to thirty feet (30’) in height for flat roofs and thirty-five (35’) for all other roof types, including gable, hip, gambrel, and shed roofs. 3. The floor area of the second story of a single-family home is limited to seventy-five percent (75%) of the floor area of the first story. Since the adoption of the ZIP, the Ad Hoc Committee held public meetings on November 16, 2021, December 13, 2021, January 19, 2022, and March 22, 2022 to study various issues and evaluate permanent code recommendations for the R-1 Zoning District. Staff and the Ad Hoc Committee have agreed that there are code changes to evaluate beyond the three key issues in the ZIP and that more time is needed to evaluate permanent changes to the second-story massing issue. Staff and the Ad Hoc Committee are recommending to adopt code changes related to minimum landscaped area, building height, and stormwater management and to extend the ZIP an additional six months to further evaluate the second-story massing issue. While the second- story massing issue is evaluated, additional code changes will be considered based on feedback that has been brought up by residents, Committee members, and staff at the Ad Hoc Committee meetings. At its April 5, 2022 meeting, the Planning Commission unanimously recommended approval of the proposed revisions to the Village Code, with a minor revision to the drainage code. The Planning Commission members thought the draft changes were reasonable and agreed that there are many other code changes to evaluate while the second-story massing issue is further evaluated. Summary of Recommended Code Changes There are several recommended permanent changes to the R-1 Zoning District and Chapter 21 (Stormwater Management) based on feedback from the Ad Hoc Committee. The recommended changes are:  The minimum landscaped area for one-story homes is to be reduced from 35% to 30% to further incentivize one-story homes.  The maximum building height is being reduced from thirty-five feet (35’) for gable, hip, gambrel, and shed roofs to thirty feet (30’). The height will be measured from the average elevation prior to land alteration for properties outside the special flood hazard area and from the design flood elevation for properties inside the special flood hazard area. The height is measured to the mid-point of the roof for gable, hip, gambrel, or shed roofs.  The total width of driveways in the swale adjacent to a residential single-family lot is being limited to thirty-two (32) feet for lots under ninety (90) feet in width and forty (40) feet for lots over ninety (90) feet in width. There is currently no limitation on the width of driveways in the swale.  The code currently allows postdevelopment runoff to not exceed the current (or predevelopment) level of runoff, but does not restrict where the runoff can go. The draft Ordinance provides that any vested predevelopment runoff is required to be directed towards the swale and not adjacent properties or waterbodies.  The draft Ordinance requires that any runoff that exceeds predevelopment conditions shall be retained on site when a substantial improvement occurs. Substantial improvement is defined as any project where the cost equals fifty percent of the market value of the preconstruction value of a structure.  The Ordinance requires a conceptual grading and drainage plan if a property is being regraded during construction. The conceptual grading and drainage plan will indicate the existing and proposed site elevations and depict where drainage will go.  The Village can waive the need for a conceptual grading and drainage plan for minor projects (pergolas, paver replacement, etc.).  If the conceptual grading and drainage plan indicates that stormwater runoff may be increasing on a site and/or is being directed to adjacent properties, the Village can request engineering plans which indicate the postdevelopment runoff does not exceed predevelopment runoff and that all runoff is either retained on site or directed towards the swale.  There are procedures and requirements which will ensure that any required onsite storage will be maintained by the property owner in perpetuity. Village Council First Reading At the first reading on April 14th, the Village Council elected to have the same minimum landscaped area for one and two-story homes. Therefore, the Ordinance has been amended to require a minimum landscaped area of 30% for both one and two-story homes, as opposed to the Ad Hoc Committee’s recommendation of 30% for one-story homes and 40% for two-story homes. Additionally, as directed by the Village Council, the Ordinance now provides a waiver process for the 50% minimum landscaped area requirement for the required 25-foot front yard setback. A property owner who meets the overall minimum landscaped area requirement can apply for up to a 5% reduction in the front setback landscaped area requirement by demonstrating that he or she has made a reasonable attempt to comply with the Code requirement and has mitigated any deficiency through the installation of enhanced landscaping materials, the use of permeable hardscape or some other acceptable means. Waiver requests will be heard by the Planning Commission. Other minor changes include the reference to mulch in the definition of the term “landscaped area” and clarification that Prosperity Farms Road and Lighthouse Drive are the only collector roads in the Village, thereby allowing for a front yard setback minimum landscaped area of 40% in lieu of the required 50%. In reference to resident feedback, the Village’s Assistant Public Works Director Chad Girard added that postdevelopment runoff would be measured using the 10 year-1-day storm event. This measurement is consistent with the Village’s design requirements for streets. Recommendations: At its March 22, 2022 meeting, the Ad Hoc Committee voted 4-3 to make the building height thirty feet for all roof types. Two of the dissenting members wanted the height to be thirty-two feet and the other wanted it to be thirty-five feet. The members voted 6-1 to adopt the minimum landscape standards as drafted. The dissenting member felt the front yard restriction of 50% is too onerous. The members all supported the changes to the stormwater management code. At its April 4, 2022 Meeting, the Planning Commission recommended approval of the draft code changes by a vote of 6-0. Page 1 of 15 ORDINANCE NO. 2022-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, IMPLEMENTING THE 4 RECOMMENDATIONS OF THE AD HOC COMMITTEE; AMENDING 5 ARTICLE V, “STORMWATER MANAGEMENT,” OF CHAPTER 21, 6 “PLANNING AND DEVELOPMENT,” BY AMENDING SECTION 21-67, 7 “POST DEVELOPMENT RUNOFF RATES, VOLUMES AND POLLUTANT 8 LOADS,” TO IMPOSE SPECIFIC REQUIREMENTS APPLICABLE TO 9 POSTDEVELOPMENT RUNOFF, AND SECTION 21-70, “WATER 10 QUALITY,” TO PROVIDE STANDARDS FOR CONSTRUCTION SITE 11 RUNOFF; AMENDING ARTICLE I, “IN GENERAL,” AND ARTICLE III, 12 “DISTRICT REGULATIONS,” OF APPENDIX C (CHAPTER 45) BY 13 AMENDING SECTION 45-2, “DEFINITIONS,” TO DEFINE THE TERMS 14 AVERAGE ELEVATION AND LANDSCAPED AREA AND SECTION 45-27, 15 “R-1 SINGLE-FAMILY DWELLING DISTRICT,” TO REGULATE THE 16 HEIGHT OF TWO-STORY STRUCTURES, REQUIRE A MINIMUM 17 LANDSCAPED AREA, AND LIMIT THE WIDTH OF DRIVEWAYS IN 18 SWALE AREAS; EXTENDING THE ZONING IN PROGRESS RELATING TO 19 SECOND-STORY FLOOR AREA FOR AN ADDITIONAL SIX MONTHS; 20 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 21 PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; 22 AND FOR OTHER PURPOSES. 23 24 WHEREAS, through the adoption of Ordinance No. 20021-10, the Village Council enacted a 25 zoning in progress for the R-1 Single-Family Dwelling Zoning District subject to certain 26 parameters relating to the height of two-story homes, the massing of the second story and the 27 amount of required landscaped open space; and 28 29 WHEREAS, the Village Council created an Ad Hoc Committee to review and evaluate changes to 30 the Village’s residential zoning regulations during the pendency of the Zoning in Progress; and 31 32 WHEREAS, the Ad Committee has reviewed the regulations and recommended revisions to the 33 regulations governing height and landscaped open space within the R-1 Single-Family Dwelling 34 Zoning Districts, as well as additional revisions to the Town Code relating to stormwater discharge 35 and driveway widths; and 36 37 WHEREAS, the Village Council wishes to extend the Zoning in Progress for an additional six 38 months as it pertains the second-story floor area for single-family dwellings; and 39 40 WHEREAS, on April 4, 2022, the Planning Commission, sitting as the Local Planning Agency, 41 conducted a public hearing to review this Ordinance and provide a recommendation to the Village 42 Council; and 43 44 WHEREAS, having considered the recommendation of the Planning Commission and conducted 45 all required advertised public hearings, the Village Council determines that the adoption of this 46 Page 2 of 15 Ordinance is in the interests of the health, safety and welfare of the residents of the Village of 1 North Palm Beach. 2 3 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 4 OF NORTH PALM BEACH, FLORIDA as follows: 5 6 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 7 8 Section 2. The Village Council hereby amends Article V, “Stormwater Management,” of 9 Chapter 21, “Planning and Development,” to read as follows (additional language underlined and 10 deleted language stricken through): 11 12 ARTICLE V. STORMWATER MANAGEMENT 13 14 * * * 15 16 Sec. 21-67. Postdevelopment runoff rates, volumes and pollutant loads. 17 18 The developer/owner of any site shall be responsible for the on-site 19 management of stormwater runoff in a manner such that postdevelopment runoff 20 rates, volumes and pollutant loads do not exceed predevelopment conditions as per 21 chapters 40E-4, 40E-40 and/or 40E-41, Florida Administrative Code. Where the 22 construction involves a substantial improvement as defined in Section 21-70(a) 23 below, any offsite runoff allowed by the predevelopment conditions shall be 24 directed to the swale or a privately-owned local stormwater management system 25 for treatment. Any additional postdevelopment runoff created during the 10 year-26 1-day storm event shall be retained on site. No predevelopment or postdevelopment 27 runoff shall be directed towards adjacent properties, including waterbodies. 28 29 (a) A conceptual grading and drainage plan with existing and proposed 30 site elevations shall be provided if a property is being re-graded 31 before, during, or after construction. The Community Development 32 Director may waive the need for a conceptual grading and drainage 33 plan when only minimal grading will occur. The Community 34 Development Director or the Building Official may require 35 engineered plans demonstrating that the postdevelopment runoff 36 rates do not exceed predevelopment conditions and that all runoff is 37 either retained on site or directed towards the swale or a privately-38 owned local stormwater management system. 39 40 (b) When onsite storage is required, an as-built survey, signed and 41 sealed by a licensed Florida surveyor and/or licensed Florida 42 engineer, documenting proper construction and required volume of 43 the storage system, must be submitted to and approved by the 44 Building Official prior to permit closeout or the issuance of a 45 certificate of occupancy. For an under-ground system, a notarized 46 letter from the general contractor, along with as-built plans and 47 Page 3 of 15 construction photographs, will be sufficient to demonstrate proper 1 construction. 2 (c) Subsequent to the approval of the property owner’s final grading, 3 including on-site and/or stormwater storage, and closeout of the 4 applicable permit or issuance of a certificate of occupancy, the 5 improvements shall be maintained in perpetuity by the property 6 owner. 7 8 (d) In order to ensure compliance with the provisions of this section and 9 the requirements to maintain onsite stormwater improvements over 10 time, the village is authorized to conduct inspections of real 11 property, upon reasonable notice and at reasonable times, for the 12 purpose of inspecting said property and/or onsite storage 13 improvements for compliance with this section and with any 14 applicable conditions of previously issued permits. In addition to 15 any other remedies provided by law or by this code, upon 16 notification by the Community Development Director, the failure to 17 maintain the improvements will require restoration within a time 18 frame stipulated by the Director. If restoration is not timely 19 completed, the village shall have the right to complete the 20 restoration, and recover the actual costs incurred, including 21 administrative costs, from the then property owner and may file a 22 lien against the property for the amount of such costs if they remain 23 unpaid for thirty (30) days after the village’s demand for payment. 24 25 * * * 26 27 Sec. 21-70. Water quality. 28 29 (a) Definitions. 30 31 (1) Authorized official: Any employee of the village authorized 32 in writing by the director to administer or enforce the 33 provisions of this article. 34 35 (2) Director: The director of community development. 36 37 (3) Discharge: Any direct or indirect entry of any solid, liquid 38 or gaseous matter. 39 40 (4) Person: Any natural individual, corporation, partnership, 41 institution, or other entity. 42 43 (5) Site of industrial activity: Any area or facility used for 44 manufacturing, processing or raw materials storage, as 45 defined under 40 CFR Section 122.26(a)(14) of regulations 46 of the U.S. Environmental Protection Agency, as amended. 47 48 Page 4 of 15 (6) Stormwater: Any stormwater runoff, and surface runoff and 1 drainage. 2 3 (7) Stormwater system: The system of conveyances used for 4 collecting, storing, and transporting stormwater owned by 5 the village but not including any facilities intended to be 6 used in accordance with applicable law for collecting and 7 transporting sanitary or other wastewater. 8 9 (8) Substantial improvement: Any repair, reconstruction, 10 rehabilitation, addition, or other improvement of a building 11 or structure, the cost of which equals or exceeds fifty (50) 12 percent of the market value of the building or structure 13 before the improvement or repair is started. 14 15 (b) Water quality. In order to minimize the degradation of water quality 16 in receiving bodies, all development will be provided with 17 landscaped areas, grassed areas or other natural vegetated areas to 18 receive runoff from buildings, pavement or other impervious areas 19 to the degree that pollutants from these areas may be absorbed by 20 the vegetation or percolated into the soil. No runoff from such 21 impervious areas shall be discharged directly into any inlet or storm 22 sewer without first being given the opportunity to pass through a 23 natural vegetated area. All potential areas of soil erosion shall be 24 protected to minimize siltation transport by flowing water. 25 26 (c) [Construction site runoff.] To protect and preserve water quality, 27 Best Management Practices (BMPs) for construction site runoff, as 28 contained in Chapter 4.0 of the Palm Beach County, 208 Areawide 29 Waste Treatment Management Plan, shall be employed. During 30 construction projects involving a substantial improvement, or for 31 parcels five acres or larger, or when deemed necessary by the 32 Community Development Director, projects shall provide a 33 stormwater pollution prevention plan or an equivalent document. 34 The stormwater pollution prevention plan shall include the 35 installation of erosion and sediment controls, including a silt fence 36 and crushed rock to stabilize areas used for mobilization. The 37 construction site operator is required to take corrective action as 38 needed and conduct inspections of the stormwater pollution controls 39 every seven (7) days or when one-half inch (0.5”) or greater of 40 rainfall occurs within a twenty-four (24) hour period. All controls 41 shall be consistent with the performance standards for erosion and 42 sediment control contained in the Erosion and Sediment Control 43 Designer and Reviewer Manual prepared by the Florida Department 44 of Transportation and the Florida Department of Environmental 45 Protection, as well as the Village’s Erosion and Sediment Control 46 Policy. 47 48 Page 5 of 15 (d) Industrial activity. 1 2 (1) General provisions. Any discharge into the stormwater 3 system in violation of any federal, state, county, municipal 4 or other law, rule, regulation or permit is prohibited. 5 6 (2) Specific prohibitions. By adoption of industrial activity 7 stormwater regulations or by issuance of industrial activity 8 stormwater permits, or both, the director may impose 9 reasonable limitations as to the quality of stormwater 10 (including without limitation the designation of maximum 11 levels of pollutants) discharged into the stormwater system 12 from sites of industrial activity. Any promulgation of such 13 regulations and issuance of permits by the director shall be 14 in accordance with applicable law. 15 16 (3) Administrative orders. The director may issue an order to 17 any person to immediately cease any discharge determined 18 by the director to be in violation of any provision of this 19 section, or in violation of any regulation or permit issued 20 hereunder. 21 22 (4) NPDES permits. Any person who holds a National Pollutant 23 Discharge Elimination System (NPDES) permit shall 24 provide a copy of such permit to the director no later than 25 the later of: sixty (60) calendar days after the effective date 26 of Ordinance No. 8-93 or sixty (60) calendar days after 27 issuance. 28 29 (e) Illicit discharges. 30 31 (1) General prohibitions. Except as set forth in section 21-32 70(e)(3) or as in accordance with a valid NPDES permit, any 33 discharge to the stormwater system that is not composed 34 entirely of stormwater is prohibited. 35 36 (2) Specific prohibitions. Any discharge to the stormwater 37 system containing any sewage, industrial waste or other 38 waste materials, or containing any materials in violation of 39 federal, state, county, municipal, or other laws, rules, 40 regulations, orders or permits, is prohibited. 41 42 (3) Authorized exceptions. Unless the director determines that it 43 is not properly managed or otherwise is not acceptable, the 44 following discharges are exempt from the general 45 prohibition set forth under section 21-70(e)(1): flows from 46 firefighting, water line flushing and other contributions from 47 potable water sources, landscape irrigation and lawn 48 Page 6 of 15 watering, irrigation water, diverted stream flows, rising 1 groundwaters, direct infiltration to the stormwater system, 2 uncontaminated pumped groundwater, foundation and 3 footing drains, water from crawl space pumps, air 4 conditioning condensation, springs, individual residential 5 car washings, flows from riparian habitats and wetlands, and 6 de-chlorinated swimming pool contributions. 7 8 (4) Illicit connections. No person may maintain, use or establish 9 any direct or indirect connection to the stormwater system 10 that results in any discharge in violation of this section. This 11 prohibition is retroactive and applies to connections made in 12 the past, regardless of whether made under a permit, or other 13 authorization, or whether permissible under laws or practices 14 applicable or prevailing at the time the connection was made. 15 16 (5) Administrative order. The director may issue an order to any 17 person to immediately cease any discharge, or any 18 connection to the stormwater system, determined by the 19 director to be in violation of any provision of this section, or 20 in violation of any regulation or permit issued hereunder. 21 22 (f) Spills and dumping. 23 24 (1) General prohibitions. Except as set forth under section 21-25 70(e)(3) or as in accordance with a valid NPDES permit, any 26 discharge to the stormwater system that is not composed 27 entirely of stormwater is prohibited. 28 29 (2) Specific prohibitions. Any discharge to the stormwater 30 system containing any sewage, industrial waste or other 31 waste materials, or containing any materials in violation of 32 federal, state, county, municipal, or other laws, rules, 33 regulations, orders or permits, is prohibited. 34 35 (3) Notification of spills. As soon as any person has knowledge 36 of any discharge to the stormwater system in violation of this 37 section, such person shall immediately notify the director by 38 telephone or other direct means and if such person is directly 39 or indirectly responsible for such discharge, then such 40 person shall also take immediate action to ensure the 41 containment and clean up of such discharge and shall 42 confirm such telephone notification in writing to the director 43 within three (3) calendar days. 44 45 (4) Administrative order. The director may issue an order to any 46 person to immediately cease any discharge, or connection to 47 the stormwater system, determined by the director to be in 48 Page 7 of 15 violation of any provision of this section, or in violation of 1 any regulation or permit issued hereunder. 2 3 (g) Enforcement. 4 5 (1) Injunctive relief. Any violation of any provision of this 6 section, or of any regulation or order issued hereunder, shall 7 be subject to injunctive relief if necessary to protect the 8 public health, safety or general welfare. 9 10 (2) Continuing violation. A person shall be deemed guilty of a 11 separate violation for each and every day during any 12 continuing violation of any provision of this section, or of 13 any regulation or permit issued hereunder. 14 15 (3) Enforcement actions. The director may take all actions 16 necessary, including the issuance of notices of violation and 17 the filing of court actions, and/or request enforcement by the 18 village code enforcement board to require and enforce 19 compliance with the provisions of this section and with any 20 regulation or permit issued hereunder. 21 22 (h) Inspections and monitoring. 23 24 (1) Authority for inspections. Whenever necessary to make an 25 inspection to enforce any of the provisions of this section, or 26 regulation or permit issued hereunder, or whenever an 27 authorized official has reasonable cause to believe there 28 exists any condition constituting a violation of any of the 29 provisions of this section, or regulation or permit issued 30 hereunder, any authorized official may enter any property, 31 building or facility at any reasonable time to inspect the same 32 or to perform any duty related to enforcement of the 33 provisions of this section or any regulations or permits 34 issued hereunder; provided that (a) if such property, building 35 or facility is occupied, such authorized official shall first 36 present proper credentials and request permission to enter, 37 and (b) if such property, building or facility is unoccupied, 38 such authorized official shall make a reasonable effort to 39 locate the owner or other person having charge or control of 40 the property, building or facility, and shall request 41 permission to enter. Any request for permission to enter 42 made hereunder shall state that the owner or person in 43 control has the right to refuse entry, and that in such event is 44 refused, the authorized official may enter to make inspection 45 only upon issuance of a search warrant by a duly authorized 46 magistrate. If the owner or person in control refuses 47 permission to enter after such request has been made, the 48 Page 8 of 15 authorized official is hereby authorized to seek assistance 1 from any court of competent jurisdiction in obtaining entry. 2 Routine or area-wide inspections shall be based upon such 3 reasonable selection processes as may be necessary to carry 4 out the purposes of this section, including but not limited to 5 random sampling and sampling in areas with evidence of 6 stormwater contamination, non-stormwater discharges, or 7 similar factors. 8 9 (2) Authority for monitoring and sampling. Any authorized 10 official may establish on any property such devices as are 11 necessary to conduct sampling or metering of discharges of 12 the stormwater system. During any inspections made to 13 enforce the provisions of this section, or regulations or 14 permits issued hereunder, any authorized official may take 15 any samples deemed necessary. 16 17 (3) Requirements for monitoring. The director may require any 18 person engaging in any activity or owning any property, 19 building or facility (including but not limited to a site of 20 industrial activity) to undertake such reasonable monitoring 21 of any discharge(s) to the stormwater system and to furnish 22 periodic reports. 23 24 Section 2. The Village Council hereby amends Article I, “In General,” of Appendix C 25 (Chapter 45), “Zoning of the Village Code of Ordinances by amending Section 45-2, 26 “Definitions,” to read as follows (additional language is underlined): 27 28 Sec. 45-2. Definitions. 29 30 For the purpose of this Code, certain words and terms are defined as follows: 31 32 * * * 33 Average elevation shall be used to calculate the maximum allowable height 34 of single-family dwellings within the R-1 Zoning District that are not located within 35 a special flood hazard area. The average elevation is an average of the existing 36 elevation of the buildable area of a lot prior to any land alteration The average 37 elevation shall be calculated by the mathematical average of elevation points 38 dispersed at approximately ten-foot equidistant intervals across the buildable area 39 of a parcel. Where required, the average el evation survey shall be submitted with 40 construction plans, and the calculated average elevation shall be depicted on all 41 exterior elevation sheets of the construction plans. 42 43 * * * 44 45 Landscaped area means a pervious landscaped area unencumbered by 46 structures, buildings, paved parking lots, sidewalks, pools, decks, or any 47 impervious surface. Landscape material shall include, but not be limited to, grass, 48 Page 9 of 15 ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or 1 mulch or bark. 2 3 * * * 4 5 Section 3. The Village Council hereby amends Article III, “District Regulations,” of 6 Appendix C (Chapter 45), “Zoning,” of the Village Code of Ordinances by amending Section 45-7 27, “R-1 Single-Family District,” to read as follows (additional language is underlined and deleted 8 language is stricken through): 9 10 Sec. 45-27. R-1 single-family dwelling district. 11 12 A. Uses permitted. Within any R-1 single-family dwelling district no 13 building, structure, land or water shall be used except for one (1) or 14 more of the following uses: 15 16 1. Single-family dwellings with accessory buildings 17 customarily incident thereto, subject to each of the 18 requirements set forth in this section and throughout this 19 chapter. 20 21 2. Public schools. 22 23 3. Parks and recreation facilities owned or leased by or 24 operated under the supervision of the Village of North Palm 25 Beach. 26 27 4. Detached fence storage areas. 28 29 5. Satellite dish antenna. 30 31 6. Community residential homes. Community residential 32 homes of six (6) or fewer residents which otherwise meet the 33 definition of a community residential home, provided that 34 such homes shall not be located within a radius of one 35 thousand (1,000) feet of another existing such home with six 36 (6) or fewer residents. 37 38 7. Family day care home. 39 40 8. Lamp post. 41 42 9. Decorative post structure. 43 44 B. Building height regulations. No main building shall exceed two (2) 45 stories in height and no accessory building more than one (1) story. 46 All single-family dwellings shall be limited to two (2) stories and 47 thirty feet (30’) in height. For the purposes of this subsection, height 48 Page 10 of 15 shall be measured from the average elevation of the existing grade 1 prior to land alteration for properties outside of special flood hazard 2 areas and from the required design flood elevation for properties 3 within special flood hazard areas. Height shall be measured to the 4 highest point of the following: 5 6 1. the coping of a flat roof and the deck lines on a mansard roof; 7 8 2. the average height level between the eaves and roof ridges 9 or peak for gable, hip or gambrel roofs; or 10 11 3. the average height between high and low points for a shed 12 roof. 13 14 Decorative architectural elements, chimneys, mechanical 15 equipment, non-habitable cupolas, elevator shafts or similar 16 appurtenances shall be excluded from the foregoing height 17 restrictions. Rooftops shall not be used for pools, decks, or other 18 spaces to congregate. 19 20 C. Building site area regulations. The minimum lot or building site 21 area for each single-family dwelling shall be seven thousand five 22 hundred (7,500) square feet and have a width of not less than 23 seventy-five (75) feet, measured at the building line. 24 25 D. Yard space regulations. 26 27 1. Front yard. There shall be a front yard of not less than 28 twenty-five (25) feet measured from the street line to the 29 front building line. 30 31 2. Rear yard. There shall be a rear yard of not less than twenty 32 (20) feet measured from the rear building line to the rear lot 33 line. 34 35 3. Side yards. There shall be a side yard on each side of the side 36 building line of not less than ten (10) feet. In the case of 37 corner lots, no building and no addition to any building shall 38 be erected or placed nearer than twenty (20) feet to the side 39 street line of any such lot. 40 41 (a) For a distance of one block on streets intersecting 42 U.S. #1, measured from the right-of-way line of said 43 U.S. #1, side yards of at least twenty-five (25) feet in 44 depth shall be provided. 45 46 E. Off street parking regulations. At least one parking space measuring 47 at least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) 48 Page 11 of 15 square feet) shall be provided. All parking spaces shall consist of a durable 1 surfaced area as approved by the community development director, and may 2 be enclosed in the dwelling, in an accessory building or in an unenclosed 3 area or a driveway. All vehicles parking on a lot must be parked on a durable 4 surface. 5 6 F. Accessory structures. One detached automobile garage and one 7 open-air pavilion may be constructed on any lot within the R-1 single-8 family dwelling district provided that all requirements of this chapter are 9 met. Open air pavilions shall be subject to the following additional 10 conditions and restrictions: 11 12 1. Permitting. 13 14 (a) All open-air pavilions must be permitted in 15 accordance with all Florida Building Code and 16 Village Code requirements. 17 18 (b) Open-air pavilions meeting the definition of a 19 traditional chickee hut are exempt from the Florida 20 Building Code but shall be subject to consistency 21 review by the village. Consistency shall be 22 demonstrated through the issuance of a zoning 23 permit and shall require the submittal of the 24 following information: 25 26 (1) A survey that includes scaled dimensions of 27 the proposed structure, including setbacks; 28 29 (2) Proof that the builder of the chickee hut is a 30 member of either the Miccosukee Tribe of 31 Indians of Florida or the Seminole Tribe of 32 Florida (such proof consisting of a copy of 33 the trial member's identification card); and 34 35 (3) Drawings of the proposed structure 36 depicting, at a minimum, the overall design, 37 dimensions, roof materials, and height. 38 39 2. Dimensions. Open-air pavilions shall not exceed two 40 hundred (200) square feet in floor area. The floor area shall 41 be measured from outside the support posts, provided that 42 the roof overhang does not exceed three (3) feet from the 43 support posts. If the roof overhang exceeds three (3) feet, the 44 floor area shall consist of the entire roofed area. For 45 structures supported by a single-pole, i.e., umbrella shape, 46 the floor area shall be measured from the drip line of the roof 47 material. 48 Page 12 of 15 1 3. Height. Open-air pavilions shall not exceed twelve (12) feet 2 in height or the height of the principal building located on 3 the lot, whichever is more restrictive. For sloped roofs, the 4 height shall be measured at the mean roof height. 5 6 4. Location and Setbacks. 7 8 (a) No open-air pavilion may be erected within ten (10) 9 feet of the side property line. This side setback shall 10 be increased to twenty (20) feet for corner lots. 11 12 (b) No open-air pavilion may be erected within seven 13 and one-half (7½) feet of the rear property line. 14 15 (c) No open-air pavilion or any portion thereof may be 16 erected between the front line of the principal 17 building and the front property lot line, within a 18 utility or drainage easement, or within a required 19 landscape buffer. 20 21 5. Use restrictions. 22 23 (a) An open-air pavilion shall be used only for private 24 recreational activities as an accessory use to the 25 principal residential use and shall not be used for 26 habitation, for a tool room, storage room or 27 workshop, or for any commercial purpose 28 whatsoever. 29 30 (b) Open-air pavilions shall not be used for storage of 31 items of personal property, including, but not limited 32 to, the following: 33 34 (1) Operable or inoperable vehicles, boats, boat 35 trailers, utility trailers or similar items of 36 personal property; 37 38 (2) Building materials, lawn equipment, tools or 39 similar items; and 40 41 (3) Ice boxes, refrigerators and other types of 42 food storage facilities with the exception of 43 under-counter units. 44 45 (c) No gas, charcoal or propane grills, stoves or other 46 types of cooking devices may be stored or utilized 47 within a traditional chickee hut. 48 Page 13 of 15 1 6. Maintenance. Open-air pavilions shall be maintained in 2 good repair and in sound structural condition. Painted or 3 stained surfaces shall be free of peeling paint, mold and 4 mildew and void of any evidence of deterioration. 5 6 7. Design. 7 8 (a) Open-air pavilions, with the exception of traditional 9 chickee huts, pergolas and other structures with only 10 partial or slatted roofs, shall incorporate the same 11 types of building materials and be consistent with the 12 architectural theme or style of the main or principal 13 building. 14 15 (b) At the request of a property owner, the community 16 development director may approve the use of 17 different building materials or alternate architectural 18 themes or styles when such materials, themes or 19 styles are complementary to the main or principal 20 building. 21 22 (c) Should the community development director deny 23 the request for different building materials or 24 alternate architectural themes or styles, a property 25 owner may appeal this decision to the planning 26 commission by submitting a written request for a 27 hearing to the community development director 28 within thirty (30) calendar days of the date of the 29 determination. The appeal shall be placed on the next 30 available agenda and the decision of the planning 31 commission shall be final, subject only to judicial 32 review by writ of certiorari. 33 34 G. Mechanical equipment. All non-roof-mounted mechanical 35 equipment shall be located behind the front building face of the 36 principal structure in either the side yard or the rear yard. Such 37 equipment shall be located adjacent to the principal structure 38 whenever practicable, provided, however, that all mechanical 39 equipment shall be located at least five (5) feet from the side 40 property line and at least seven and one-half feet (7½) from the rear 41 property line. 42 43 H. Minimum landscaped area. 44 45 1. All single-family dwellings shall have a minimum 46 landscaped area of thirty percent (30%). 47 48 Page 14 of 15 1 2. All single-family dwellings (both one and two story) shall 2 provide a minimum landscaped area of fifty percent (50%) 3 in the required twenty-five-foot (25’) front yard setback. 4 Properties with frontage along urban collector roads 5 (Lighthouse Drive and Prosperity Farms Road) shall provide 6 a minimum landscaped area of forty percent (40%) in the 7 required twenty-five-foot (25’) front yard setback. 8 Properties having an irregular lot shape, meaning a lot which 9 is not close to rectangular or square and in which the width 10 of the property at the front property line is less than required 11 by the underlying zoning district, shall provide a minimum 12 landscaped area of twenty-five percent (25%) in the required 13 twenty-five-foot (25’) front yard setback. 14 15 3. A property owner who meets the overall minimum 16 landscaped area requirement set forth in subsection (1) 17 above and who does not meet the minimum landscaped area 18 requirement in the twenty-five-foot (25’) front yard setback 19 set forth in subsection (2) above may request a waiver of up 20 to five percent (5%) of the minimum required area by filing 21 a request with the Community Development Department. 22 The request shall be forwarded to the Planning Commission 23 for final action. A property owner seeking such a waiver 24 shall be required to demonstrate to the Planning Commission 25 that he or she has made a reasonable attempt to comply with 26 the required minimum landscaped area within the front yard 27 setback and has mitigated any deficiency through the 28 installation of enhanced landscaping materials, the use of 29 permeable hardscape materials or some other acceptable 30 means. 31 32 For the purposes of this subsection, the term minimum landscaped 33 area shall mean a pervious landscaped area unencumbered by 34 structures, buildings, paved parking lots, sidewalks, sports courts, 35 pools, decks, or any impervious surface. Landscape material shall 36 include, but not be limited to, grass, ground covers, bushes, shrubs, 37 hedges or similar plantings, or decorative rock or bark. No landscape 38 material shall be used for parking. However, pervious surfaces used 39 for the parking of recreational equipment in side and rear yards shall 40 be included in the calculation of the minimum landscaped area. 41 42 With respect to building permits for renovations of existing single-43 family dwellings, the minimum landscaped area standards shall 44 apply only to the extent that the proposed scope of work impacts the 45 applicable standard. 46 47 Page 15 of 15 I. Maximum driveway width in swale. The total width of driveways 1 from the edge of the public roadway to the abutting privately-owned 2 property shall not exceed a total of thirty-two feet (32’) in width at 3 the property line, excluding flares. For lots with ninety (90) or more 4 feet of public roadway frontage, the total width of driveways from 5 the edge of the public roadway to the abutting privately-owned 6 private shall not exceed a total of forty feet (40’) in width at the 7 property line, excluding flares. Each side of a flared driveway shall 8 be no more than three feet (3’) wider than the rest of the driveway. 9 10 Section 4. The Zoning in Progress with respect to Section 2(C) of Ordinance No. 2021-10 11 (“Second-story floor area”) shall remain in effect for an additional six (6) months from the 12 effective date of this Ordinance. Property owners may still request a waiver pursuant to Section 13 2(D) of Ordinance 2021-10. During this time, the Ad Hoc Committee shall continue its review of 14 this provision and other potential revisions to the Village’s residential zoning regulations. 15 16 Section 5. The provisions of this Ordinance shall become and be made a part of the Code of 17 the Village of North Palm Beach, Florida. 18 19 Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 20 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 21 such holding shall not affect the remainder of this Ordinance. 22 23 Section 7. All ordinances or parts of ordinances and resolutions or parts of resolutions in 24 conflict herewith are hereby repealed to the extent of such conflict. 25 26 Section 8. This Ordinance shall take effect immediately upon adoption. 27 28 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 29 30 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 31 2022. 32 33 34 (Village Seal) 35 MAYOR 36 37 ATTEST: 38 39 40 VILLAGE CLERK 41 42 APPROVED AS TO FORM AND 43 LEGAL SUFFICIENCY: 44 45 46 VILLAGE ATTORNEY 47 VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: J.D. Armstrong, Fire Chief DATE: April 28, 2022 SUBJECT: RESOLUTION - Approval of an Interlocal Agreement with the Palm Beach County Board of County Commissioners for an EMS Grant Award to Purchase Fifty (50) Stop the Bleed Kits in the amount of $3,702.50 from Henry Schein Medical of Pittsburgh, PA Village Staff is requesting Village Council approval of an Interlocal Agreement with the Palm Beach County Board of County Commissioners for an EMS Grant in the amount of $3,702.50 and the approval of the purchase of fifty (50) Stop the Bleed kits. Background: Fire Rescue wishes to add Stop the Bleed kits to all AED cabinets in the Village to give employees and the general public access to these lifesaving devices. Funding for this item has been secured through a Palm Beach County EMS Grant Award. Grant Detail: The Palm Beach County Board of County Commissioners has offered a non-matching grant to the Village through the Florida Department of Health, Bureau of Emergency Medical Services Grant Program, in the amount of $3,702.50 for the purchase of fifty (50) Stop the Bleed kits. In order to accept this grant, the Village must approve the attached Interlocal Agreement detailing the terms of the grant award and, in accordance with the terms of the Agreement, purchase of the equipment utilizing Village funds. The County will subsequently reimburse the Village for the funds expended for the Stop the Bleed kits. The attached Resolution and Interlocal Agreement have been prepared and/or reviewed for legal sufficiency by the Village Attorney Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving an Interlocal Agreement with Palm Beach County for EMS grant funds, authorizing the Village Manager to execute the Agreement, and authorizing the purchase of fifty (50) Stop the Bleed kits from Henry Schein Medical of Pittsburgh, PA. at a total cost of $3,702.50, with funds expended from Account No. S5812-49001 (EMS Grant Expense), in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR THE USE OF GRANT FUNDS FOR EMERGENCY MEDICAL SERVICES EQUIPMENT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; APPROVING PURCHASE OF FIFTY (50) STOP THE BLEED KITS FROM HENRY SCHEIN MEDICAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Palm Beach County has offered the Village a non-matching grant through the Florida Department of Health, Bureau of Emergency Medical Services County Grant Program in the amount of $3,702.50, and the receipt of the grant funds requires execution of an Interlocal Agreement with the County; and WHEREAS, Village Staff requested approval to utilize the funds for the purchase of fifty (50) Stop the Bleed Kits from Henry Schein Medical; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves an Interlocal Agreement with Palm Beach County for the Use of EMS Grant Funds for Emergency Medical Services Equipment, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Agreement on behalf of the Village. Section 3. The Village Council approves the purchase of fifty (50) Stop the Bleed Kits from Henry Schein Medical at a total cost of $3,702.50, with funds expended from Account No. S5812- 49001 (Fire Rescue – EMS Grant Expense). Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council BY: THRU: Andrew D. Lukasik, Village Manager Chuck Huff, Public Works Director DATE: April 28, 2022 SUBJECT: RESOLUTION – Approving the surplus of eight (8) Kubota solid waste collection vehicles. Village Staff is recommending Village Council consideration and approval of the surplus of eight (8) Kubota solid waste collection vehicles. Kubota Replacement: Specialized vehicles are deployed by the Solid Waste Division to provide side and rear yard solid waste collection services. Kubotas have been used by the Department since 2016/17 to provide this service. However, due to mechanical failures and maintenance costs, the Village has been converting its fleet of specialized vehicles from Kubotas to GO-4s. Public Works has received seven (7) of the ten (10) GO-4 units that will be used to replace the Kubotas. The final three GO-4 units are due to be delivered by December 2022. Surplus: Village Staff is recommending the surplus of eight (8) Kubota solid waste collection vehicles. This will eliminate the Kubotas from the Village’s fleet of specialized vehicles for solid waste colleciton. The surplus vehicles will be listed on Govdeals.com for sale. Vehicle Information: Description VIN 2015 Kubota RTV-X900 A5KB2FDBAFG028545 2016 Kubota RTV-X900 A5KB2FDBHGG039453 2016 Kubota RTV-X900 A5KB2FDBCGG039035 2016 Kubota RTV-X900 A5KB2FDBTGG038307 2016 Kubota RTV-X900 A5KB2FDBVGG039058 2017 Kubota RTV-X900 A5KB2FDBJHG044193 2017 Kubota RTV-X900 A5KB2FDBEHG043375 2017 Kubota RTV-X900 A5KB2FDBJHG043402 The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village staff requests Council consideration and adoption of the attached Resolution declaring eight (8) Kubota solid waste collection vehicles as surplus property and authorizing their disposal in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLA GE OF NORTH PALM BEACH, FLORIDA, DECLARING EIGHT KUBOTA SOLID WASTE COLLECTION VEHICLES AS SURPLUS PROPERTY AND AUTHORIZING THEIR DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff is recommending the surplus of eight Kubota solid waste collection vehicles; and WHEREAS, the Village Council has the authority to dispose of surplus items of personal property in any manner so long as it acts in good faith and in the best interests of the Village; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby declares the following sanitation collection vehicles as surplus personal property and authorizes their disposal in accordance with Village policies and procedures: Description VIN 2015 Kubota RTV-X900 A5KB2FDBAFG028545 2016 Kubota RTV-X900 A5KB2FDBHGG039453 2016 Kubota RTV-X900 A5KB2FDBCGG039035 2016 Kubota RTV-X900 A5KB2FDBTGG038307 2016 Kubota RTV-X900 A5KB2FDBVGG039058 2017 Kubota RTV-X900 A5KB2FDBJHG044193 2017 Kubota RTV-X900 A5KB2FDBEHG043375 2017 Kubota RTV-X900 A5KB2FDBJHG043402 Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: The Honorable Mayor and Members of the Village Council THRU: Andrew D. Lukasik, Village Manager FROM: Chad Girard, Assistant Director of Public Works DATE: April 28, 2022 SUBJECT: RESOLUTION – Accepting a proposal from Engenuity Group for engineering services associated with the development of conceptual designs for the Lighthouse Drive Bridge in the amount of $91,288. Village Staff recommends acceptance of a proposal from Engenuity Group, the Village Engineer, in the amount of $91,288.00 to provide engineering services that will result in the development of two (2) conceptual design options for the reconstruction of the Lighthouse Drive Bridge. Background: The Lighthouse Bridge was constructed in 1958 and needs to be reconstructed as its nearing the end of its useful life. Although it’s “health index” is good (at 92.8) it is functionally obsolete in that it does not adequately accommodate pedestrians and bicyclists and its weight bearing capacity is limited. Regarding the “health index”, a score between 80 – 90 is generally considered to be “fair” while a score that is less than 80 is considered “poor”. Because of its age and the fact that it doesn’t meet today’s standards related to the accommodation of bicyclists and pedestrians, the Village Council identified the Lighthouse Drive Bridge Reconstruction Project as a strategic priority for this fiscal year. Scope of Work: Engenuity Group will provide a topographic and hydrographic survey, and conceptual plans for the roadway approach to the bridge. They will also coordinate the approach geometry with Gerwig and Associates who will provide the conceptual structural design. Terracon will provide the geotechnical investigation results for the project. The conceptual plans will consist of two bridge arrangement alternative concepts for the replacement of the existing Lighthouse Drive Bridge. The engineering team will provide two conceptual plans and an engineer’s opinion of cost for each alternative based upon staff and community input. Funding: Design and engineering expenses are funded in the CIP in the amount of $100,000 in FY2022. This purchase was identified as one that would also be funded using a portion of the FY21 General Fund Net Income Funds, which are held in the Village’s CIP Fund and transferred to the project account when the item is ready to be purchased. The following budget amendment uses $91,288.00 from the CIP for this purchase. A CIP Fund Recap, as well as all supporting documentation, has been included in your agenda backup material for review. Budget Amendment: Account Description Use Source Capital Projects Fund: K7321-66210 Construction & Major Renovation $91,288 K5541-66000 Reserve Expenses - Capital $91,288 Total Capital Projects Fund $91,288 $91,288 Lighthouse Drive Traffic Calming: Although not part of the recommended Council action this evening, it is important to note that planning services associated with the introduction of traffic calming solutions on Lighthouse Drive will be evaluated concurrently with the Lighthouse Bridge conceptual engineering designs. This scope of work will be completed by another firm. It should be noted that traffic calming on Lighthouse Drive was identified as a “High Priority” action item in the Citizens’ Master Plan. Additionally, members of the Village Council and Village staff received many complaints about speeding on Lighthouse Drive (and other local streets). Evidence of these concerns from the public can be found on Nextdoor as a petition is currently being circulated requesting the installation of speed humps in order to reduce speeds on Lighthouse Drive. As plans for the bridge and traffic calming projects are developed, staff will work to hold public meetings for residents to review and provide input regarding both scopes of work concurrently. The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff recommends adoption of the attached Resolution accepting a proposal from Engenuity Group to provide engineering services to develop two conceptual design options for the reconstruction of the Lighthouse Drive Bridge at a cost of $91,288.00, with funds expended from Account No. K7321-66210 (Construction and Major Renovation), and authorizing the Mayor and Village Clerk to execute the required budget amendment for this purchase in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM ENGENUITY GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DEVELOPMENT OF TWO CONCEPTUAL DESIGNS FOR THE RECONSTRUCTION OF THE LIGHTHOUSE DRIVE BRIDGE AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO TRANSFER $91,288.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE STREETS – CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT TO FUND THE EXPENDITURE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village is a party to a Continuing Contract for Professional Engineering Services with Engenuity Group, Inc. to perform engineering and related services as Village Engineer; and WHEREAS, Village Administration recommended accepting the proposal submitted by Engenuity Group, Inc., and two of its subconsultants, Terracon Consultants, Inc. and Alan Gerwig & Associates, Inc. for professional engineering services to develop two conceptual designs for the reconstruction of the Lighthouse Drive Bridge; and WHEREAS, the Village Council seeks to amend the current Capital Projects Fund Budget to transfer $91,288.00 from the Capital Reserve Account to the Streets – Construction and Major Renovation Capital Account to fund the expenditure; and WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves and accepts the proposal from Engenuity Group, Inc. pursuant to the Continuing Contract for Professional Engineering Services for the development of two conceptual designs for the reconstruction of the Lighthouse Drive Bridge at a total cost of $91,288.00, with funds expended from Account No. K7321-66210 (Streets – Construction and Major Renovation). The services shall be performed in accordance with all terms and conditions of the Continuing Contract. The Village Council further authorizes the Village Manager to execute all documents necessary to effectuate these services. Section 3. In order to fund this expenditure, the Village Council hereby approves a budget amendment for the transfer of funds as indicated below and authorizes and directs the Mayor and Village Clerk to execute the budget amendment for and on behalf of the Village of North Palm Beach: Page 2 of 2 Budget Amendment: Account Description Use Source Capital Projects Fund: K7321-66210 Construction & Major Renovation $91,288 K5541-66000 Reserve Expenses - Capital $91,288 Total Capital Projects Fund $91,288 $91,288 Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to extent of such conflict. Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK 2022 04-08 Proposal Project No. 03045.08.06 Page 1 of 6 April 8, 2022 Chad Girard, P.E Assistant Director of Public Works Village of North Palm Beach 645 Prosperity Farms Rd North Palm Beach, FL 33408 (Via email: cgirard@village-npb.org) Re: Professional Civil Engineering & Surveying Services Lighthouse Drive Bridge- Conceptual Design North Palm Beach, Florida Engenuity Group Project No. 03045.08.06 Dear Mr. Girard: We are pleased to offer this proposal to render Professional Engineering and Surveying services in connection with a conceptual bridge design located along Lighthouse Drive, North Palm Beach, FL (hereinafter called the ‘Project’). Surveying Services Engenuity Group, Inc. will prepare a Topographic Survey pursuant to Chapter 5J-17.050, Florida Administrative Code, of the bridge located along Lighthouse Drive between Prosperity Farms Road and Anchorage Drive, and as further outlined in red on the attached graphic. The topographic data to be gathered will include the abutment wing walls, bulkhead, pilings embankments, sidewalks & bridge decking along with sufficient elevations along the roadway surface. Additionally, Engenuity Group, Inc will obtain five (5) cross sections on the canal. One (1) under the bridge and two (2) on either side of the bridge at fifty (50) foot intervals. See the attached Designated Scope of Services for a list of additional items to be included on the Survey. Total Fee: $8,488.00 The final deliverable will be an electronically signed and sealed copy of the Topographic Survey and the accompanying AutoCAD file which can be provided within thirty (30) business days of receiving authorization to proceed. In the event of rain delaying our field work, the delivery time will be pushed back the same number of days. 2022 04-08 Proposal Project No. 03045.08.06 Page 2 of 6 Engineering Services Engenuity Group, Inc. will provide Conceptual Engineering Services for two (2) bridge/roadway alternates. We will utilitze two subconsultants; Structural Engineering with Alan Gerwig & Associates, Inc. and Geotechnical Engineering with Terracon Inc. See attached exhibits A, B and C for a more detailed scope of work for these services. A. Conceptual Engineering (Engenuity) $18,500.00 B. Structural Engineering (Gerwig) $38,800.00 C. Geotechnical (Terracon) $25,500.00 Total Engineering/Geotech Fee $82,800.00 Total Surveying and Engineering/Geotech Fee $91,288.00 Permit Fees, Reproduction Charges and Reimbursable Expenses The Total Contract Price does not include the payment of any governmental agency submittal or processing fees. The cost of these fees and any costs incurred by the office for printing, reproduction and other reimbursable expenses such as postage, travel, and document copy charges will be billed to the client monthly. Invoicing and Payment Work will be invoiced on a monthly basis for work completed to date. Invoice shall be paid in full by the Client within thirty (30) days of the invoice date, unless within such thirty (30) day period, Client notifies Engenuity Group, Inc. in writing of its objection to the amount of said invoice. Such notice shall be accompanied by payment of any undisputed portion of said invoice. If written objection is not received within thirty (30) days it shall constitute approval of invoice by Client. If the payment is not received within fifteen (15) days of billing date, a late charge will be added to the invoice in the amount of 1½ percent per month on the outstanding balance. If payment is not received within sixty (60) days of the invoice date, work may be suspended on the project until the outstanding invoice(s) are paid in full. This proposal represents the entire understanding between you and us with respect to the Project. If this satisfactorily sets forth your understanding of our agreement, please execute the attached Authorization and return it to us. If you have any questions, please do not hesitate to contact us. 2022 04-08 Proposal Project No. 03045.08.06 Page 3 of 6 PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS CONTRACT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT, AS LONG AS THE CONSULTANT MAINTAINS THE PROFESSIONAL LIABILITY INSURANCE REQUIRED UNDER THIS CONTRACT AND AS LONG AS ANY DAMAGES ARE SOLELY ECONOMIC IN NATURE AND THE DAMAGES DO NOT EXTEND TO PERSONAL INJURIES OR PROPERTY NOT SUBJECT TO THIS CONTRACT. Sincerely, Approved by, Jennifer Malin, P.S.M Keith B. Jackson, P.E. Director of Surveying Vice President 2022 04-08 Proposal Project No. 03045.08.06 Page 4 of 6 Authorization: Professional Civil Engineering & Surveying Services Lighthouse Drive Bridge- Conceptual Design North Palm Beach, Florida Engenuity Group Project No. 03045.08.06 By: Date: (Name & Title) For: (Name of Company) Contract Amount: $91,288.00 2022 04-08 Proposal Project No. 03045.08.06 Page 5 of 6 DESIGNATED SCOPE OF SERVICES: TOPOGRAPHIC/TREE SURVEY NAME: LIGHTHOUSE DRIVE BRIDGE ENGENUITY PROJECT NO. 03045.08.06 DATE: 4/8/2022 TASK: Topographical Survey Included in Contract (Yes/No) Minimum of two permanent benchmarks per every 500’ on site; description and elevation to nearest .01’. Yes Contours at 1-foot intervals; error shall not exceed one half contour interval. No Spot elevation at each intersection of a 50-foot square grid covering the property. Yes Spot elevations at street intersection and at 100 feet on center curb, sidewalk and edge of paving including far side of paving. Yes Plotted location of structures, man-made (e.g., paved areas) and natural features. Yes Location, size, depth of water mains, and other utilities including, but not limited to, buried tanks and septic fields serving, or on, the property based on as-built information supplied by utility companies. No Location of fire hydrants available to the property. Yes Location and characteristics of power and communications systems above grade. Yes Location, size, depth and direction of flow of sanitary sewers, storm drains and culverts serving, or on, the property; location of catch basins and manholes, and inverts of pipe at each. Yes Name of the operating authority of each utility. No Elevation of water in any excavation, well or nearby body of water. Yes Extent of watershed onto the property. No Trees of 6” and over (caliper 3’ above ground); locate within 1’ tolerance and give species in English or botanical terms. Yes Specimen trees flagged by the Owner or the Architect (___ in number); locate to the center within 1’ tolerance; give species in English or botanical terms, give caliper and ground elevation on upper slope side. No Perimeter outline only of thickly wooded areas unless otherwise directed. Yes Confirm soil boring location(s). No Other (specify): 1. Datum will be National American Vertical Datum 1988 (NAVD 88) 2. No S.U.E work to be performed within this proposal 3. Any utilities attached to the bridge will be located 2022 04-08 Proposal Project No. 03045.08.06 Page 6 of 6 Graphic EXHIBIT “A” – ENGINEER’S SERVICES PAGE 1 OF 1 2022 04-08 Project No. 03045.08.06 EXHIBIT “A” VILLAGE OF NORTH PALM BEACH LIGHTHOUSE BRIDGE – CONCEPTUAL BRIDGE DESIGN Engenuity Group Project No. 03045.08.06 ENGINEER’S SERVICES: A1.01 Conceptual Design A. Engenuity Group will provide a topographic and hydrographic survey as outlined in the surveying services section of the proposal. B. Engenuity Group will coordinate with Terracon for the required geotechnical services for structural engineering design, as outlined in their proposal, attached. C. Engenuity Group will coordinate with Alan Gerwig and Assoc for the conceptual bridge design concepts, as outlined in their proposal, attached. D. Meet with OWNER to define and clarify OWNER’S requirements for the Project and available data. Attend up to 3 meetings overall. E. Prepare two (2) bridge/roadway approach alternative concepts for discussion and presentation to the Village. Concepts shall include presentation graphics with typical roadway sections, roadway profile grade line, and bridge/piling/bulkhead/retaining wall arrangement with low member elevation approximation. Roadway profile shall comply with local, low speed design standards to minimize longer approaches that will adversely affect private property access on all quadrants. Low member elevation shall also be maximized and will be equal or higher in elevation to the current bridge waterway clearance. F. Prepare Engineer’s Opinion of Cost for each alternative. April 4, 2022 Keith Jackson, P.E. Enginuity Group 1280 North Congress Avenue, Suite 101 West Palm Beach, FL 33409 Re: Lighthouse Drive Bridge over Intracoastal Dear Mr. Jackson: Alan Gerwig & Associates (AGA) (“Consultant”) is pleased to submit this letter of agreement (“Agreement”) for providing professional engineering services to Enginuity Group, (“Client”) for the above referenced project. Our project scope of services and fees are as follows. Scope of Professional Service: Prepare two bridge arrangement alternative concepts for replacement of existing bridge and probable construction cost for each. AGA will provide estimated foundation loads to the geotechnical engineer for use in determining the depth and location of standard penetration test borings. Geotechnical engineer will provide foundation recommendations and bearing capacity curves for the pile supported bridge foundations for various pile sizes. Prepare preliminary plan and elevation and a typical section of each concept. Attend up to 3 team meetings. Fees: AGA will provide the above services for the following lump sum fees of $38,800.00. Additional Services: Professional services required by the Client not specifically included above will be deemed Additional Services. An Amendment can be made to this Agreement to increase the not to exceed amount or the services will be performed at an hourly rate as indicated below: Principal $265.00 Senior Project Manager $225.00 Senior Project Engineer $180.00 Exhibit B Project Engineer $160.00 Engineer $135.00 Designer $110.00 Clerical $75.00 Reimbursable Expenses: Reimbursable expenses for mileage and will be billed at the Federally approved rates. Standard General Conditions In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard General Conditions. The term “the Consultant” shall refer to Alan Gerwig & Associates, Inc., and the term “the Client” shall refer to Engenuity Group, Inc. If you agree and wish to direct us to precede with the services, please sign and return a scanned copy. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, Alan L. Gerwig, P.E., LEED A.P., President Alan Gerwig & Associates, Inc. Agreed to this ___ day of __________, 2022 ______________________________ Keith Jackson, P.E. Enginuity Group ALAN GERWIG & ASSOCIATES, INC. STANDARD GENERAL CONDITIONS 1. Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall: a. Assist the Consultant by placing at its disposal all available information pertinent to the Project including previous reports and any other data relative to studies, design, or construction or operation of the Project. b. Furnish to the Consultant, as required for performance of the Consultant's Services (except to the extent provided otherwise in the “Scope of Services”), data prepared by or services of others, including without limitation borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restrictions; and other special data or consultations; all of which Consultant may use and rely upon in performing services under this Agreement. c. Provide Consultant surveys to establish reference points for construction (except to the extent provided otherwise in “Scope of Services”). d. Arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services under this Agreement. e. Furnish approvals and permits for all government authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. f. Furnish to the Consultant data or estimates as to the Client's anticipated costs for services to be provided by others as required for the Consultant to support opinions of probable total Project costs. g. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job-related meetings and substantial completion inspections and final payment inspections. h. Give prompt written notice to the Consultant whenever the Client observes or otherwise becomes aware of any development that affects the scope or timing of Consultant's services, or any defect or nonconformance in any aspect of the Project. i. Bear all costs incident to the responsibilities of the Client. 2. Period of Services. This Agreement has been made in anticipation of conditions permitting orderly and continuous progress of the Project through completion of the Services. The Consultant shall begin work in a timely manner after receipt of a fully executed copy of this Agreement and will complete the Services described in “Scope of Services” within a reasonable length of time. The times for performance shall be extended as necessary for periods of delay or suspension resulting from circumstances the Consultant does not control. If such delay or suspension extends for more than six months (cumulatively) for reasons beyond the Consultant's control, the rates of compensation provided for in this Agreement shall be renegotiated. 3. Compensation for Services. a. The Consultant's compensation shall be as stated herein, unless otherwise provided in “Scope of Services”. The Client shall pay the Consultant an amount based upon the Consultant’s then-current hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, facsimiles, word processing, and postage. Other direct expenses will be billed at 1.15 times cost. b. If the Consultant's compensation is on an hourly basis, the parties may have estimated in Exhibit A costs and expenses for the various portions of the Scope of Services. Services undertaken or expenses incurred by the Consultant exceeding any estimates shall be the liability of the Client. c. The Client shall also be invoiced for and shall pay to the Consultant all taxes, if any, whether state, local, or federal levied with respect to amounts paid hereunder. 4. Method of Payment. a. Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred. Client is also responsible for payment of any taxes, including sales tax. When the Consultant's compensation is on a lump sum fee basis, the invoices will be based upon the portion of total Services performed at the time of billing. If the Consultant's compensation is on an hourly basis, the invoices shall be based on time expended in providing the Services. Payment of each such invoice will be due within 25 days of receipt. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due. b. If the Client objects to any charge on an invoice submitted by the Consultant, the Client shall so advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or all such objections shall be waived, and the amount stated in the invoice shall be conclusively deemed due and owing. c. The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. 5. Use of Documents. All documents, including but not limited to drawings, specifications and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant’s documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without the Consultant’s authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data. 6. Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, all opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. 7. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days’ written notice for the convenience of the terminating party. If any material change occurs in the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any termination, the Consultant will be paid for all services performed to the effective date of termination, all expenses subject to reimbursement, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is determined on an hourly basis, the amount payable to the Consultant shall be based on the time spent and expenses incurred on the Project to the effective date of termination. If the Consultant's compensation is a lump sum, the amount payable to the Consultant will be a proportional amount of the total fee based on a ratio of the services done, as reasonably determined by the Consultant, to the total services which were to have been performed. 8. Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. 9. Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein of its performance of services, and it is agreed that the Consultant is not a fiduciary of the Client. 10. Limitation of Liability. In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate of the Consultant and the Consultant's officers, directors, employees, agents, and sub consultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and sub-consultants shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. 11. Certifications. The Consultant shall not be required to execute any certifications or other documents that might increase the Consultant’s risk or affect the availability or cost of its insurance. 12. Dispute Resolution. All claims by the Client arising out of this Agreement shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. 13. Construction Phase Services. a. If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. b. The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. c. The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insured’s under the contractor’s general liability insurance policy. 14. Hazardous Substances. a. Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. b. The Consultant shall notify the Client of hazardous substances or conditions not contemplated in Exhibit A of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to proceed with the services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope, fee, and terms for such services. c. Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services of the Consultant. 15. Assignment and Subcontracting. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Consultant and not for the benefit of any other party. The Client shall not assign, sublet or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with sub-consultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are proved by in-house employees, contract employees, or independent sub-consultants. 16. Confidentiality. The Client consents to the Consultant’s use and dissemination of photographs of the Project and to its use of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. 17. Pursuant to Florida Statute 58.0035, an individual employee or agent may not be held individually liable for negligence END OF AGREEMENT FOR SERVICES Terracon Consultants, Inc. 1225 Omar Road West Palm Beach, FL 33405 P [561] 689-4299 F [561] 689-5955 terracon.com PROPOSAL COVER PAGE April 7, 2022 Engenuity Group, Inc. 1280 North Congress Avenue, Suite 101 West Palm Beach, FL 33409 Attn: Mr. Keith B. Jackson, P.E. P: (561) 655-1151 E: kjackson@engenuitygroup.com Re: Proposal for Geotechnical Engineering Services Lighthouse Drive Bridge Replacement between 640 and 700 Lighthouse Drive Village of North Palm Beach, Florida Terracon Proposal No. PHD225031 Dear Mr. Jackson: We appreciate the opportunity to submit this proposal to Engenuity Group, Inc. to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location and Nearby Geotechnical Data Exhibit E Anticipated Exploration Plan Our base fee to perform the Scope of Services described in this proposal is $25,500. See Exhibit C for more details of our fees and consideration of additional services. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Agreement for Services to our office. Sincerely, Terracon Consultants, Inc. Jaime Velez, P.E. Douglas S. Dunkelberger, P.E. Senior Geotechnical Engineer Principal Exhibit C Proposal for Geotechnical Engineering Services Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Responsive ■ Resourceful ■ Reliable EXHIBIT A –PROJECT UNDERSTANDING 1 of 2 EXHIBIT A - PROJECT UNDERSTANDING Our Scope of Services is based on our understanding of the project and a site visit. Site Location and Anticipated Conditions Item Description Parcel Information The project is the bridge located between 640 and 700 Lighthouse Drive in the Village of North Palm Beach, Florida. The bridge location is: Latitude: 26° 49' 2.9" N Longitude: 80° 4' 6.1" W (See Exhibit D). Existing Improvements The site is an existing bridge over a channel. Beneath each end bent of the bridge exists seawalls consisting of king pile and panel walls. Current Ground Cover Asphalt pavement. Existing Topography From review of Google Earth Pro the typical ground surface elevation east and west of the bridge is about +7 feet (datum not known). Based on visual observation during a site visit, we estimate the top of pavement at the center of the bridge to be about 7 ft higher than this (i.e. about elevation +14 ft). Expected Subsurface Conditions Our experience in the project vicinity indicates that the subsurface conditions at the site (at about normal ground surface elevation east or west of the bridge) will consist of mostly loose to medium dense, relatively clean sands to about 37 to 47 feet below ground surface followed by medium dense to very dense shelly sands with cemented sand fragments to about 50 feet deep. Planned Construction Item Description Information Provided The following information was provided to us by Alan Gerwig, P.E. Project Description The current plan is to build a new replacement bridge. The existing bridge is a two lane bridge and about 100 ft in length. The new bridge will be supported on 18 or 24 inch square concrete driven piles with an anticipated maximum nominal bearing resistance load of up to about 200 tons per pile. We understand that there is interest in making the new bridge shorter than the existing bridge by building new end bent walls (may consist of Mechanically Stabilized Earth Walls) that are located closer to the middle of the channel than are the existing end bents. The new end bent walls would extend above the approximate location of the existing seawalls beneath the bridge (see following photograph). Proposal for Geotechnical Engineering Services Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Responsive ■ Resourceful ■ Reliable EXHIBIT A –PROJECT UNDERSTANDING 2 of 2 Seawalls beneath the bridge (view is to the east) Proposal for Geotechnical Engineering Services Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Responsive ■ Resourceful ■ Reliable EXHIBIT B –SCOPE OF SERVICES 1 of 4 EXHIBIT B - SCOPE OF SERVICES Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration The field exploration program consists of the following: Number of Borings Planned Boring Depth (feet) 1 Planned Location 2 100 One on west side of bride and one on the east side (see Exhibit E) 4 5 (unless refusal to advancement is met at shallower depth) Behind existing seawalls beneath the bridge (see Exhibit E) 1. Below ground surface. Boring Layout and Elevations: We will use handheld GPS equipment to locate the borings with an estimated horizontal accuracy of ±10 feet. Field measurements from existing site features may be utilized. Maintenance of Traffic: Prior to drilling, a permit will be obtained from the Village of North Palm Beach for drilling the Standard Penetration Test borings within the northern (i.e. west bound) lane. Maintenance of Traffic will include temporary closure of the northern lane as well as signage and flagmen. Subsurface Exploration Procedures: We will advance the soil borings with a truck mounted drilling rig using mud rotary drilling. Five samples will be obtained in the upper 10 feet of each boring and at vertical intervals of 5 feet thereafter. Soil sampling is performed using split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test (SPT). The samples will be placed in appropriate containers, taken to our soil laboratory for testing, and visually classified by a Geotechnical Engineer. In addition, we will observe and record groundwater levels during drilling and sampling. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration resistances, and other relevant sampling information. Field logs include visual classifications of materials encountered during drilling, and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation, and include modifications based on observations and laboratory tests. Proposal for Geotechnical Engineering Services Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Responsive ■ Resourceful ■ Reliable EXHIBIT B –SCOPE OF SERVICES 2 of 4 Our boreholes will be backfilled with grout upon completion. Property Disturbance: Our services do not include repair of the site beyond backfilling our boreholes. Excess cuttings and drill fluids will be dispersed in the general vicinity of the borehole. Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials found while drilling will be noted on our logs and discussed in our report. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client’s contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time if the Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre -task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus. Exploration efforts require borings (and possibly excavations) into the subsurface, therefore Terracon will comply with local regulations to request a utility location service through SSOCOF. Once the SSOCOF has completed public utility clearance, Terracon will subcontract a company to perform a private utility locate using Ground Penetrating Radar (GPR) around each boring location to reduce the risk of impacting those utilities. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. Site Access: Terracon must be granted access to the site by the property owner. By acceptance of this proposal, without information to the contrary, we consider this as authorization to access the property for conducting field exploration in accordance with the Scope of Services. Laboratory Testing The recovered soils and materials will be classified in the laboratory in accordance with the Unified Soil Classification System (ASTM D 2487) and appropriate geological terminology. Selected samples may be tested for moisture content, organic content and fines content to aid in the classification process and our analysis. Proposal for Geotechnical Engineering Services Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Responsive ■ Resourceful ■ Reliable EXHIBIT B –SCOPE OF SERVICES 3 of 4 Engineering and Project Delivery Results of our field and laboratory programs will be evaluated by a professional engineer. The engineer will develop a geotechnical site characterization, perform engineering calculations, and develop geotechnical recommendations for the project. Your project will be delivered using our GeoReport® system. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. The typical delivery process includes the following: ■ Project Planning – Proposal information, schedule and anticipated exploration plan will be posted for review and verification ■ Site Characterization – Findings of the site exploration ■ Geotechnical Engineering – Recommendations and geotechnical engineering report When utilized, our collaboration portal documents communication, eliminating the need for long email threads. This collaborative effort allows prompt evaluation and discussion of options related to the design and associated benefits and risks of each option. With the ability to inform all parties as the work progresses, decisions and consensus can be reached faster. In some cases, only minimal uploads and collaboration will be required, because options for design and construction are limited or unnecessary. This is typically the case for uncomplicated projects with no anomalies found at the site. When services are complete, we upload a signed and sealed printable version of our completed geotechnical engineering report, which documents our services. Previous submittals, collaboration and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. ■ Subsurface exploration procedures ■ Site and Boring location plans ■ Soil boring logs with field and laboratory data, soil stratification based on visual soil classification and laboratory test results ■ Groundwater levels observed during drilling ■ Description of subsurface conditions ■ Axial capacities for precast concrete piling for support of the bridge ■ Recommendations for installation of the piling. ■ Lateral earth pressure parameters for abutment wall design including MSE Walls: • Moist and saturated unit weights • Angle of internal friction Proposal for Geotechnical Engineering Services Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Responsive ■ Resourceful ■ Reliable EXHIBIT B –SCOPE OF SERVICES 4 of 4 • Undrained shear strength (for clays, if present) • Active and passive pressure coefficients • Soil Modulus for p-y method of pile lateral load analysis ■ Global Stability Analysis of New End Bent Wall over existing seawall (we request that as- built seawall information and channel topographic information be provided to us) Additional Services In addition to the services noted above, the following are often associated with geotechnical engineering services. Fees for services noted above do not include the following: Review of Plans and Specifications: Our geotechnical report and associated verbal and written communications will be used by others in the design team to develop plans and specifications for construction. Review of project plans and specifications is a vital part of our geotechnical engineering services. This consists of review of project plans and specifications related to site preparation and bridge foundation construction. Our review will include a written statement conveying our opinions relating to the plans and specifications’ consistency with our geotechnical engineering recommendations. Proposal for Geotechnical Engineering Services Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Responsive ■ Resourceful ■ Reliable EXHIBIT C – COMPENSATION AND PROJECT SCHEDULE 1 of 1 EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our base fee is shown in the following table: Task Lump Sum Fee Subsurface Exploration, Laboratory Testing, Geotechnical Consulting & Reporting $25,500 TOTAL $25,500 Additional services not part of the base fee include the following: Additional Services (see Exhibit B) Lump Sum Fee Initial for Authorization Plans and Specifications Review $500 Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, this does not account for delays in field exploration beyond our control, such as weather conditions, permit delays, or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. GeoReport® Delivery Posting Date from Receipt of Signed Agreement 1, 2 Project Planning 1 week Site Characterization 6 weeks Geotechnical Engineering 8 weeks 1. Upon receipt of your notice to proceed we will activate the schedule component of our GeoReport® website with specific, anticipated calendar days for the three delivery points noted above as well as other pertinent events such as field exploration crews on-site, etc. 2. We will maintain a current calendar of activities within our GeoReport® website. In the event of a need to modify the schedule, the schedule will be updated to maintain a current awareness of our plans for delivery. EXHIBIT D – SITE LOCATION AND NEARBY HISTORICAL DATA Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. The line at the bottom about the general location is a separate table line. You can edit it as desired, but try to keep to a single line of text to avoid reformatting the page. EXHIBIT D PORTRAIT DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS EXHIBIT E – ANTICIPATED EXPLORATION PLAN Lighthouse Drive Bridge Replacement ■ Village of North Palm Beach, Florida April 7, 2022 ■ Terracon Proposal No. PHD225031 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. The line at the bottom about the general location is a separate table line. You can edit it as desired, but try to keep to a single line of text to avoid reformatting the page. EXHIBIT E PORTRAIT DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS Reference Number: PHD225031 Page 1 of 2 Rev. 3-20 Reference Number: PHD225031 Page 2 of 2 Rev. 3-20 VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2022 - 2026 Strategic Result :Department : Quality of Life Public Works Project Name :Year(s) :2022-2024 Bridge Replacement and Streetscape Design - Lighthouse Drive Project Description : Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : Create design concepts to replace the Lighthouse Drive Bridge and introduce streetscape concepts throughout Lighthouse Drive in accordance with the goals of the Citizens' Master Plan (2016). The project includes the cost of engineering and construction services for the replacement of the Lighthouse Drive Bridge. This project improves the Village's Quality of Life as it provides for dependable infrastrucutre that addresses critical transportation and safety needs. The Lighthouse Drive bridge was constructed in 1958 and is nearing the end of its useful life. The 2019 FDOT bridge inspection report gave the bridge only a 27.2 sufficiency rating, but a 92.8 health index due to substantial repairs completed in 2018. The Village needs a plan for replacing the bridge in 4 to 7 years. 2GHO will explore design options for the replacement of the Lighthouse Bridge and develop conceptual designs for Lighthouse Drive that will address the community’s desire to manage traffic speeds, enhance pedestrian safety and beautify the corridor. Needed repairs identified by the annual FDOT bridge inspection report were completed in 2018. Gentile Glas Holloway O'Mahoney & Associates (2GHO) was hired in January 2019 to provide conceptual bridge and streetscape design services. It is important to initiate design and engineering services as soon as possible give the potential for Federal funding from pending bills addressing critical infrastruture. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2022 - 2026 Project Name :Bridge Replacement and Streetscape Design - Lighthouse Drive Strategic Result :Quality of Life Department :Public Works 2022 2023 2024 2025 2026 Total Project Budget : Land acquisition $0 Planning / Design 100,000 100,000 Engineering 250,000 250,000 Construction 5,000,000 5,000,000 Vehicle 0 Equipment 0 Other 0 Total Budget $100,000 $250,000 $5,000,000 $0 $0 $5,350,000 Funding Sources : General revenues $0 Impact fees 0 Grant revenues 5,000,000 5,000,000 Debt Service 0 Infrastructure Surtax 100,000 250,000 350,000 Fund balance 0 Other 0 Total Revenues $100,000 $250,000 $5,000,000 $0 $0 $5,350,000 Operating Impact: Personnel $0 Operating 0 Capital 0 Other 0 Total Operating $0 $0 $0 $0 $0 $0 Needed repairs identified by the annual FDOT bridge inspection reports have been completed, but the bridge has reached the end of its life cycle. Rebuild FL Gen Infrastructure Grant; The Village will appropriate any grant matching requirements upon notification of grant approval. At this time, the Village is preparing to proceed with design work without the assistance of grant funding. Comment(s) Grant Information Beginning Balance $88,407 Transfers in:Resolution / Ordinance Amount Total FY 2022 Transfer in (transfer during budget process) Ordinance # 2021‐17 660,000 FY 2022 Transfer in (use of FY21 Net Income)on 4/28/22 agenda 2,000,000 Total Transfers in $2,660,000 Less: Purchases Description Resolution #Amount Total Fiscal Year 2022 Community Center Playground Equipment Resolution # 2022‐08 3,315 Boat Engine Replacement Resolution # 2022‐12 44,500 Webstreaming Resolution # 2022‐15 39,690 Increase in Grapple Truck Purchase Price Resolution # 2022‐18 7,750 Village Hall Air Handler & Chiller Replacement on 4/28/22 agenda 203,868 Anchorage Park Playground Replacement on 4/28/22 agenda 250,000 Lighthouse Drive Bridge Conceptual Designs on 4/28/22 agenda 91,288 Total Purchases (640,411) CIP Fund Available Balance $2,107,996 Village of North Palm Beach CIP Fund Recap Fiscal Year 2022 VILLAGE OF NORTH PALM BEACH GOLF ADVISORY BOARD Minutes of March 21, 2022 I. CALL TO ORDER A. The meeting was called to order by Chairman Steve Mathison at 6:00 p.m. II. ROLL CALL A. Board: Present Absent Stephen Mathison – Chairman X Rich Pizzolato – Vice Chairman X Curtis Witters – Secretary X Jeff Egizio – Member X Landon Wells – Member X Orlando Puyol – Member X Sandra Felis – Member X B. Staff Members: Allan Bowman, Director of Golf X Beth Davis, General Manager X Lenore Dingle, Membership Coordinator C. Council Members: Darryl Aubrey Susan Bickel Mark Mullinix X David Norris X Deborah Searcy NPB Golf Advisory Board Minutes of March 21, 2022 D. Public Present: III. APPROVAL OF MEETING MINUTES A. Minutes of the February 21, 2022 GAB Meeting were approved 6-0. IV. ADMINISTRATIVE REPORTS Golf Report. Allan Bowman, Director of Golf, delivered his report. Rounds for February were down slightly from 2021 but play for March is equal to or ahead of last year’s numbers. Beth Davis reported that the financial audit for FY 2021 is to be final on Thursday the th24, for the Village Council meeting. Revenue for the Club from operations is $300,000 ahead of last year through January, primarily because of golf. We are considering a revision of the current budget to adjust the amounts for Renewal or Replacement and Debt Service. Allan told us we need to budget $1.5 million over three years for planned improvements, including improvements to the maintenance building, renovation of the pump house, and pond bank stabilization. The $597,000 surplus from 2021 will be applied to the operational debt from 2020- 2021. DISCUSSION TOPICS Allan talked to the Board regarding the tee sheet. We continue to experience a shortage of tee times for our members not participating in a group. Openings for members are very limited from Monday through Friday. 2 NPB Golf Advisory Board Minutes of March 21, 2022 Some individuals participate in more than one group and play several times a week. As a result, members not part of a group have difficulty finding a tee time. We currently have twelve (12) groups seeking tee times. Karen O’Connell has assisted Allan with the group play issue and made several proposals to address the equitable distribution of tee times to all members. She suggested that we should define a group as sixteen or more players, consistently playing as a group, and seeking four tee times. Karen also suggested that any one individual should be limited to participating in three different groups. Additionally, groups should register the names of players participating in the group play seven days of the scheduled tee time. The group play issue continues to be under consideration as we work though the spring and summer. Project Updates. Clock. Our tower clock is to be installed in April. It is suggested that the clock be dedicated to Jack and Barbara Nicklaus. Aeration. We are finding 3% organic material in our greens. This is a very healthy amount but will require larger holes during aeration; 5/8 inches. The aeration will require 3 weeks to recover. After aeration is complete, play will be open to members only for 10 days. Budget. We are working on the budget for next year. We expect to see higher material costs, especially in fertilizer, and will adjust the proposed budget accordingly. Communication to Members. A discussion was had about communication to members. It seems some members do not regularly see the bulletin board in the club house, 3 NPB Golf Advisory Board Minutes of March 21, 2022 so it was suggested that we email or text members with notices, announcements, etc. There was no Board consensus on this topic. MGA. Allan explained that the MGA collapsed this year due to the large number of members participating in group play and lack of interest. We will start the MGA again in November, with monthly events scheduled to draw participation. V. ADJOURNMENT The meeting was adjourned at 6:58 p.m. The next meeting will be April 25, 2022. Minutes by Curtis L. Witters, Secretary. 4 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE FINANCE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney Samia Janjua, Finance Director DATE: April 28, 2022 SUBJECT: MOTION – Appointment of Auditor Selection Committee and appointment of member of Village Council to serve on and Chair the Auditor Selection Committee In 2016, the Village issued a Request for Proposals for Auditing Services. The Village’s Audit Committee reviewed the proposals submitted in response to the RFP and recommended retaining the firm of Nowlen, Holt & Miner, P.A. (“NH&M”) to serve as Village Auditor. Through the adoption of Resolution 2016-49 on September 8, 2016, the Village Council approved an Agreement with NH&M to provide auditing services through Fiscal Year 2018, with two one-year extensions through Fiscal Year 2020. Through the adoption of Resolution 2021-08, the Village Council extended the Village’s Agreement with NH&M through Fiscal Year 2021. Now that the Fiscal Year 2021 audit process is complete, the Village will need to once again initiate the auditor selection process. Section 218.391, Florida Statutes, provides specific procedures for a local government’s selection of an auditor. The Village is required to appoint an Auditor Selection Committee (“Committee”). The Committee then establishes the factors to be considered in the selection of the auditor, prepares the Request for Proposals, evaluates the proposals submitted by qualified firms, and ranks no fewer than three firms in order of preference. The Village Council then reviews the Committee’s rankings, makes the final selection and authorizes the negotiation of a contract. If compensation was not one of the factors considered by the Committee, the Village Council is required to negotiate a contract with the top-ranked firm. If compensation was one of the factors considered, the Village Council is required to negotiate a contract with the top-ranked firm or document in its public records the reason for not selecting the top- ranked firm. In 2016, the Village’s Audit Committee served as the Auditor Selection Committee. Staff is recommending that the Audit Committee again serve in that role. However, due to recent amendments to Section 218.391, Florida Statutes, the Village Council is required to choose a member of the Council to both serve as a member of and chair the Committee. There is no immediate fiscal impact as a result of the selection process. Recommendation: Village Staff requests a motion from the Village Council appointing the Audit Committee to serve as the Auditor Selection Committee for the Village and appointing one member of the Village Council to serve as a member of and chair the Auditor Selection Committee as required by Florida Statute. VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council BY: THRU: Andrew D. Lukasik, Village Manager Chad Girard, Assistant Public Works Director DATE: April 28, 2022 SUBJECT: RESOLUTION – Approving the purchase of a chiller and air handler for Village Hall from Carrier Corporation in the amount of $194,159.50 Village Staff is recommending Village Council consideration and adoption of a Resolution approving the purchase of a new chiller and air handler unit for Village Hall. Background: The Village’s Public Works Facilities Department has determined that the chiller and air handler at Village Hall has met the end of its useful life. The Village purchased the Village Hall chiller in 2012. The anticipated life span for a chiller is between seven and ten years. The environment, namely the salt air from the ocean, has contributed to the deterioration of the chiller to the point of collapse. A coil recently needed to be replaced in 2021 and the second one is showing signs of failing. This is scheduled for replacement in FY 2022 as part of the Village’s 5-Year Capital Improvement Plan. Purchasing: Carrier Corporation has been awarded a multi-year cooperative purchasing contract in the Utility category through Sourcewell (a cooperative purchasing agency of which the Village is a member). The new chiller will come with a coating similar to the Public Safety chiller, extending the useful life. Additionally, there will be a complete parts/labor warranty for ten years on the new unit. The cost breakdown is provided in the table below (due to the nature of this project, Village Staff is requesting a 5% project contingency): Description Amount Equipment $94,809.00 Installation 99,350.50 Subtotal $194,159.50 5% Contingency 9,707.98 Total w/ Contingency $203,867.48 Note: In order to avoid a cost increase, the order must be placed prior to May 2022. Funding: During the Fiscal Year 2022 budgetary process, a total of $190,000 was budgeted for this purchase utilizing “Grant Revenues” within the five-year Capital Improvement Plan. However, since the targeted grant wasn’t awarded, this project was identified as one that can be funded through the use of the FY21 General Fund Net Income Funds, which are held in the Village’s CIP Fund and transferred to the project account when the item is ready to be purchased. While Net Income will be used to purchase and install the new chiller and install the air handler, staff intends to reimburse Net Income funds for the air handler/air purification system using ARPA funding (approximately $10,000) following Treasury approval of the Village’s Revenue Replacement application. The following budget amendment utilizes $203,868 in CIP funds for this purchase. A CIP Fund Recap, as well as all supporting documentation, has been included in your agenda backup material for review: Budget Amendment: Account Description Use Source Capital Projects Fund: K5500-66490 Village Hall – Machinery & Equipment $203,868 K5541-66000 Reserve Expenses - Capital $203,868 Total Capital Projects Fund $203,868 $203,868 The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving the purchase of a new chiller and air handler for Village Hall from Carrier Corporation pursuant to pricing established in an existing Sourcewell cooperative purchasing agreement at a total cost not to exceed $194,159.50, with funds expended from Account No. K5500-66490 (Village Hall – Machinery & Equipment), and authorizing the Mayor and Village Clerk to execute the required budget amendment for this purchase in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF A NEW CHILLER AND AIR HANDLER FROM CARRIER CORPORATION FOR VILLAGE HALL PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING AGREEMENT; APPROVING A BUDGET AMENDMENT TO TRANSFER $203,868 FROM THE CAPITAL RESERVE ACCOUNT TO THE VILLAGE HALL – MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the chiller and air handler unit for Village Hall have reached the end of their useful life and Village Staff recommended the purchase of a new chiller and air handler unit from Carrier Corporation utilizing equipment pricing set forth in an existing Sourcewell cooperative purchasing agreement; and WHEREAS, in order to fund this capital purchase, the Village Council wishes to amend the Capital Projects Fund to transfer funds from the Capital Reserve Account to the Village Hall – Machinery and Equipment Capital Account; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby approves the purchase of a chiller and air handler unit for Village Hall from Carrier Corporation utilizing pricing established in an existing Sourcewell cooperative purchasing agreement. The total cost of the purchase, including the equipment, a factory extended warranty, cabinet coating and labor is $194,159.50, with funds expended from Account No. K5500-66490 (Village Hall – Machinery and Equipment). With a five percent contingency, the total project budget is $203,867.48. Section 3. In order to provide Capital Improvement Plan monies to fund this purchase, the Village Council hereby approves the following budget amendment: Budget Amendment: Account Description Use Source Capital Projects Fund: K5500-66490 Village Hall – Machinery & Equipment $203,868 K5541-66000 Reserve Expenses - Capital $203,868 Total Capital Projects Fund $203,868 $203,868 Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget amendment for and on behalf of the Village of North Palm Beach. Section 5. All resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Carrier Commercial Service 5440 NW 33rd Ave, Suite 108 Fort Lauderdale, FL 33309 (954) 315-5168 PROPRIETARY and CONFIDENTIAL Carrier Commercial Service Sourcewell Based – Chiller & AHU Replacement Project Prepared For: Chad Girard Village of North Palm Beach City Hall Chiller and AHU Replacement Budgets North Palm Beach FL 33408 (561) 691-3450 cgirard@village-npb.org Presented by: Scott McLennan, LEED AP Carrier Corporation Cell: (954) 448-9775 E-Fax: (860) 998-1014 scott.mclennan@carrier.utc.com http://www.commercial.carrier.com Chiller Replacement Project Page 2 of 4 PROPRIETARY and CONFIDENTIAL Date of Proposal Revision: 5/18/2021 Executive Summary Carrier is presenting Chiller replacement products to match existing equipment capacity with suggest Best-Choice options based on discounts off Master List Price as established by Sourcewell cooperative purchasing program. Sourcewell Contract extended until 8/12/2025 RFP #070121 Chiller Replacement Project Page 3 of 4 PROPRIETARY and CONFIDENTIAL NJPA/ SOURCEWELL PRICING: EQUIPMENT ONLY Carrier has agreed to provide fixed equipment discounts off list price for equipment, and fixed mark-up for Extended Factory Warranty products and Factory start-up services. Installation services will be quoted separately as Turnkey installation services under Sourcewell Contract rates. Equipment will be sold to the Village directly, tax exempt, FOB factory with freight to your facility (or desired destination) pre-paid. Receiving, local cabinet coatings, unloading, storage and final placement costs will need to be considered in the turnkey installation proposal, or arraigned by others. Options for Extended Factory Warranty listed below. Sourcewell Pricing: MLP Discount/ Net Cost Village Hall: Mark-up 30RAP0405H-FF5J0 $163,400.00 59% off $ 66,994.00 Factory Start-up $ 950.00 +20% $ 1,140.00 2nd - 10th years complete unit P&L (chiller)Warranty $ 8,880.00 +20% $ 10,665.60 39M AHU Size 21 -Single Plenum fan $ 39,980.00 69% off $ 12,393.80 AHU S/U w/1st year labor, 5-years Parts only warranty $ 3013.00 +20% $ 3,615.60 TOTAL EQUIPMENT PACKAGE: $94,809.00 This Equipment will be sold tax exempt under separate PO from Village. Tax Exemption certificate needs to accompany Purchase Order. Equipment is sold FOB factory, with freight pre-paid to South Florida. Equipment selection, submittal approvals and Coating, receiving and storage and final delivery will be included in Installation portion of project. Chiller Replacement Project Page 4 of 4 PROPRIETARY and CONFIDENTIAL Installation based on Fixed Labor rates and mark-ups: Carrier Project Management Labor 24 @ $170.00 $ 4,080.00 Carrier Direct Labor – OT Chiller start-up 4 @ $170.00 $ 680.00 Carrier Direct labor 12 @ $170.00 $ 2,040.00 Advantcoat Chiller Exposed Component coating $ 3,600.00 X 1.3 $ 4,680.00 Chiller Tie-Down Engineering & permit running $ 2,250.00 X 1.3 $ 2,925.00 Chiller Pipe-fitting labor and Materials OT $ 32,800.00 X 1.30 $ 42,640.00 Chiller Paddock Hydronic Devices - Large $ 1,158.00 X 1.30 $ 1,505.40 Chiller Paddock Insulation (air separator, piping) $ 5,742.00 X 1.30 $ 7,464.60 Receiving from coating, storage, delivery $ 3,800.00 X 1.30 $ 4,940.00 Weekend Crane Service $ included above $ 0.00 Modify existing slab $ included above $ 0.00 AHU Demo and Move in (weekend) $ 11,200.00 X 1.3 $ 14,560.00 AHU Installation Weekday $ 3,770.00 X 1.3 $ 4,901.00 AHU Insulation $ 1,435.00 X 1.3 $ 1,865.50 AHU Materials – Duct, piping, curb $ 2,780.00 X 1.30 $ 3,614.00 Disposal (both AHU and Chiller) $ 1,400.00 X 1.30 $ 1,820.00 Test and Balance AHU $ 1,258.00 X 1.30 $ 1,635.40 Controls Tie-In by ALC – Invoiced directly to Village $ 0.00 Total Village Hall Installation Cost $99,350.50 Project cost, Equipment & Installation: $194,159.50 Permit processing, Engineering and Fees, if any, will be passed through at cost X 1.30 under a separate job/PO. Sincerely, Scott McLennan Maintenance, Repairs, Modernization PLEASE CALL WITH QUESTIONS: (954) 448-9775 NJPA/ Sourcewell Terms and Conditions will govern sale. 070121-CAR Rev. 3/2021 1 Solicitation Number: RFP #070121 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Carrier Global Corporation, 5900-H Northwoods Bus Pkwy., Charlotte, NC 28269 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for HVAC Systems and Related Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 12, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new andthe current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 3 returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 4 • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be negotiateddirectly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 6 • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 7 by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any third-party claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. Under no circumstances will Supplier be liable for any incidental, special, liquidated or consequential damages, including loss of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 9 b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 11 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance of the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts listed below: Limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 12 in limits of liability as indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Limits: $2,000,000 per occurrence and in aggregate 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Limits: $2,000,000 per claim $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors, except such rights as Supplier has to proceeds. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. Any order requiring Buy American provisions will not be accepted until Supplier confirms in writing it can comply with the specific applicable Buy American clause cited. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 070121-CAR Rev. 3/2021 18 T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. U. FEDERAL GOVERNMENT REQUIREMENTS STIPULATION. Supplier is a commercial entity and the components, equipment and services to be included by Supplier in its proposal and to be provided in the event of an award are offered on the basis that they constitute commercial items as defined in the Federal Acquisition Regulations ("FAR"). Similarly, the prices to be offered by Supplier in its proposal, and which would be offered in any resulting contract and any modifications or changes to such contract are based on Supplier's standard commercial accounting policies and practices. Supplier’s accounting practices comply fully with U.S. GAAP, but do not take into account any additional or special requirements of Cost Accounting Standards, nor meet the requirements of FAR Part 31 or any similar procurement regulations, including those of the U.S. Department of Defense. Accordingly, Supplier makes its proposal based on its belief that an award can be made to Supplier consistent with FAR Part 12 - "Acquisition of Commercial Items,” and that submission of cost and pricing data consistent with CAS/FAR Part 31 will not be required. Supplier does not accept and will not be held liable for any flow down requirements unless specifically agreed to in writing. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Carrier Global Corporation By: __________________________ By: __________________________ Jeremy Schwartz Simon C. Walls Title: Chief Procurement Officer Title: Global Strategic Accounts Leader Date: ________________________ Date: ________________________ DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 10/7/2021 | 9:30 PM CDT 10/7/2021 | 11:01 AM CDT 070121-CAR Rev. 3/2021 19 Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 10/7/2021 | 9:34 PM CDT RFP 070121 - HVAC Systems and Related Services Vendor Details Company Name:Carrier Global Corp Does your company conduct business under any other name? If yes, please state: Carrier Corporation Address: 5900-H Northwoods Bus Pkwy Charlotte, NC 28269 Contact:Alex Relf Email:alex.l.relf@carrier.com Phone:704-521-6443 HST#:06-0991716 Submission Details Created On:Tuesday June 15, 2021 15:26:02 Submitted On:Wednesday June 30, 2021 15:43:18 Submitted By:Alex Relf Email:alex.l.relf@carrier.com Transaction #:0278eeef-41a2-4fbe-a881-901b9690436a Submitter's IP Address:104.129.206.103 Bid Number: RFP 070121 Vendor Name: Carrier Global Corp DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation). Line Item Question Response * 1 Proposer Legal Name (one legal entity only):Carrier Global Corporation * 2 Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the Proposal. Carrier Corporation * 3 Identify all applicable assumed names or DBA names of the Proposer or Proposer's subsidiaries in Line 1 or Line 2 above. Carrier Corporation * 4 Proposer Physical Address:5900-H Northwoods Bus Pkwy, Charlotte, N.C. 28269 * 5 Proposer website address (or addresses):www.carrier.com * 6 Proposer's Authorized Representative (name, title, address, email address & phone) (The representative must have authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): Meredith Emmerich, Vice President, North America, Commercial HVAC, 5900-B Northwoods Bus Pkwy, Charlotte, NC. 28269. meredith.emmerich@carrier.com * 7 Proposer's primary contact for this proposal (name, title, address, email address & phone): Alex Relf, Strategic Account Manager, 5900-H Northwoods Bus Pkwy, Charlotte, N.C. 28269, 704-521-6443, alex.l.relf@carrier.com * 8 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone): Joe Ison, Strategic Accounts Manager, 5900-H Northwoods Bus Pkwy, Charlotte, N.C. 28269, 501-529-9688, joseph.e.ison@carrier.com Table 2: Company Information and Financial Strength Line Item Question Response * 9 Provide a brief history of your company, including your company’s core values, business philosophy, and industry longevity related to the requested equipment, products or services. Carrier Engineering Corporation was incorporated in New York on June 26, 1915 by seven engineers led by Willis Carrier. In 1930, Carrier Air Conditioning was formed through the merger of Carrier Engineering Corporation with Brunswick-Kroeschell Company and York Heating & Ventilating Corporation. In 1978, Carrier Corporation, a corporation organized in the State of Delaware, became a wholly owned subsidiary of United Technologies Corporation, and was subsequently spun off as a stand alone company in April of 2020. Carrier Corporation is the leading manufacturer of heating, ventilation and air conditioning equipment and service in the United States with sales totaling approximately $19 Billion in 2020. * 10 What are your company’s expectations in the event of an award? Carrier is currently an incumbent vendor of Sourcewell. Upon award, Carrier will schedule a roll out meeting with the customer to plan and prepare for the execution of the awarded contract, as needed. * 11 Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. Carrier Global Corporation is an American multinational home appliances corporation based in Palm Beach Gardens, Florida. Carrier was founded in 1915 as an independent company manufacturing and distributing heating, ventilating and air conditioning (HVAC) systems, and has since expanded to include manufacturing commercial refrigeration and foodservice equipment, and fire and security technologies. As of 2020, it was an $18.6 billion company with over 53,000 employees serving customers in 160 countries on six continents Carrier's Moody rating is Baa3, and the outlook is stable. Carrier's Baa3 senior unsecured rating reflects its long-established leadership position in the global equipment industry. Carrier's significant scale positions it as one of the largest competitors in the sector. The business is exposed to cyclicality with about 70% of revenue derived from new equipment sales. The ratings consider sizeable debt levels and high financial leverage following the spinoff from United Technologies Corporation in early 2020. Refer to annual report for full financial statements. * 12 What is your US market share for the solutions that you are proposing? Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. * 13 What is your Canadian market share for the solutions that you are proposing? N/A * 14 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. No * 15 How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Manufacturer and service provider. a) N/A b) Carrier Commercial Service self performs most work, or will serve as a general if specialty sub-contractors are needed on a project. Carrier has 99 service offices throughout North America, and may procure product or materials through our corporate owned warehouses, or through local distribution centers. * 16 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. Carrier is subject to various registration and licensing requirements in the states and local jurisdictions where it does business and has hundreds of licenses in place in the United States, and Canada. * 17 Provide all “Suspension or Debarment” information that has applied to your organization during the past ten years. N/A * Bid Number: RFP 070121 Vendor Name: Carrier Global Corp DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 Table 3: Industry Recognition & Marketplace Success Line Item Question Response * 18 Describe any relevant industry awards or recognition that your company has received in the past five years The OptiClean™ Dual-Mode Air Scrubber & Negative Air Machine, Carrier’s pioneering solution to help provide healthier indoor air, has been crowned Air Conditioning Innovation of the Year in the RAC Cooling Industry Awards, one of the UK’s top building technology awards. The recognition follows the OptiClean unit being named one of TIME's 100 Best Inventions of 2020. The product, currently available in North America and Asia, is expected to launch in Europe this year. Carrier is part of Carrier Global Corporation (NYSE: CARR), a leading global provider of healthy, safe and sustainable building and cold chain solutions. As an air scrubber, the OptiClean unit can improve the indoor air quality of classrooms, restaurants, dental offices, commercial buildings and more, by pulling in air, scrubbing it using a HEPA filter, and then exhausting cleaner air back into the room. It has a footprint of less than three square feet and can plug into a standard wall outlet. * 19 What percentage of your sales are to the governmental sector in the past three years Carrier Corporation is a 19 billion dollar, global entity. Less that 1% of those sales were recognized from the government sector. * 20 What percentage of your sales are to the education sector in the past three years Carrier Corporation is a 19 billion dollar, global entity. Less that 1% of those sales were recognized from the education sector. * 21 List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. * 22 List any GSA contracts or Standing Offers and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. * Table 4: References/Testimonials Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name *Contact Name *Phone Number * County of Passaic Steve Orsini 201-937-2576 * Mount Olive Board of Education Glenn Miller 973 691-4008 x8505 * Rutgers University Glen Vliet 848 445-3714 * Table 5: Top Five Government or Education Customers Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type *State / Province *Scope of Work *Size of Transactions *Dollar Volume Past Three Years * Houston Independent School District Education Texas - TX HVAC preventive maintenance, retrofits, repairs, energy saving upgrades. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. * Redondo Beach School District Education California - CA HVAC capital chiller installations and retrofits, to include boilers, air handlers, and controls systems. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. * BIRMINGHAM BOARD OF EDUCATION Education Alabama - AL HVAC preventive maintenance, retrofits, repairs, energy saving upgrades. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. * Elk Grove School District Education California - CA Supply HVAC equipment, perform startup, and warranty repairs. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. * University of Central Florida Education Florida - FL HVAC capital chiller installations and retrofits, to include boilers, roof top units, and controls systems. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share information is confidential. Please refer to our website for HVAC applications and installation. * Bid Number: RFP 070121 Vendor Name: Carrier Global Corp DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 Table 6: Ability to Sell and Deliver Service Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response * 25 Sales force.In North America, Carrier Commercial Service is geographically managed through the Service Center of Excellence, in Charlotte, NC. This centralized location works with 99 field offices that cover the entire continental United States, Hawaii, and Canada. * 26 Dealer network or other distribution methods.Carrier has both company owned direct sales offices, independent distributors and joint venture distributors. In May 1999 Carrier and Watsco, Inc. formed a joint venture to distribute Carrier, Bryant, Payne equipment and Totaline parts. The new name for this distribution network is Carrier Enterprises. These distributors were previously owned 100% by Carrier. * 27 Service force.Commercial Service employs over 2,000 management, professional, clerical personnel, service technicians and technical engineers. We have over 30 million man-hours of service experience. Service technicians belong to local pipefitters unions (optional in right-to-work states), which are part of the United Association of Plumbers and Steamfitters. * 28 Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. When you partner with Carrier, you will work with a single source, dedicated Service Account Team that will provide 360 degrees of comprehensive solutions. Carrier will work with our client to develop a smart, effective and customized plan, designed to deliver the most value for the equipment and facility. Service options are matched to your required level of coverage; from inspections and annual maintenance, to planned and full maintenance options. When it comes to predictive maintenance services, Carrier is proactive, keeping your equipment at its operating peak performance. In-depth analysis, with our proprietary diagnostic tools, increases reliability and minimizes downtime. Carrier Commercial Service will notify you of any potential issues long before you realize there is a problem. In the event of an emergency outage, Carrier's response time to "tech on site" is typically 4 hours. For routine calls, the response time is generally 8 hours. * 29 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Carrier Corporation is a proud incumbent provider to Sourcewell. Carrier will continue to respond to requests from current, and prospective, members of the Sourcewell program. * 30 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. Carrier Commercial Service in Canada currently provides services to governmental facilities. Our Canada team will respond accordingly to all requests for Sourcewell services. * 31 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract. Carrier has over 900 dispatch points operating out of 99 service offices in the US and Canada. Carrier Commercial Service provides services to all regions of the US, except Alaska. * 32 Identify any Sourcewell participating entity sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? Carrier can, and will, service all sectors throughout the US and Canada (except Alaska) via the Sourcewell program. * 33 Define any specific contract requirements or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Carrier Commercial Service provides services to all regions of the US and Canada, to include Hawaii. Carrier does not service Alaska. * Table 7: Marketing Plan Line Item Question Response * 34 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. Carrier sends quarterly and annual email correspondence to customers associated with these markets. In addition to our email marketing campaign, Carrier annually attends and participates in the NIGP Forum and trade show. Carrier looks forward to partnering with Sourcewell in a strategic relationship at the show. Examples of Carrier’s marketing materials for market solutions may be found at www.carrier.com. Included with the submission package is Carrier Strategic Accounts Marketing brochure. * 35 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. Carrier’s web site www.carrier.com is an effective platform for communicating our offerings to the general public, and prospective clients alike. The site allows us to showcase products and services, sustainable building solutions, and newly developed innovations. Carrier is also active in Linkedin and Twitter, as a means of communicating current news, and during times of emergency, to alert our customers of our temporary solutions for heating, cooling and power supply. * 36 In your view, what is Sourcewell’s role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? Carrier will encourage Sourcewell to facilitate introductions on behalf of Carrier with parties that represent a match to our service offerings. The master services agreement will be introduced to the national sales team during the award rollout, and will be accessible to all service personnel on our internal, National Accounts web site. * 37 Are your products or services available through an e- procurement ordering process? If so, describe your e- procurement system and how governmental and educational customers have used it. N/A * Bid Number: RFP 070121 Vendor Name: Carrier Global Corp DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 Table 8: Value-Added Attributes Line Item Question Response * 38 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. At the customers option, Carrier may provide equipment operation training at the customer’s facility. This training generally lasts several hours in duration, and encompasses unit operation, weekly routine operations checks, and minor troubleshooting. In addition, the customer may attend factory training at the Service Center of Excellence in Charlotte, N.C. * 39 Describe any technological advances that your proposed products or services offer. Carrier® SMART Service is a dynamic, proactive strategy for enhanced equipment and system management. Through the identification and analysis of chiller and system operating trends, more informed decisions can now be made relative to meeting comfort demands, implementing service, maintenance or repair events and improving a building’s financial performance. The benefits include insight into chiller operation and trends, early indication of equipment problems, maximum operating efficiency, mitigating risks by identifying and correcting minor problems before they lead to expensive repairs. * 40 Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. One of the U.S. Government's testing agencies recently found that Carrier’s variable-speed screw chiller consumed less energy and offered a greater range of operating conditions than alternative water-cooled chiller technology. Overseen by the General Services Administration, the Green Proving Ground program appointed Oak Ridge National Laboratory to perform real-world testing of two chillers: one with variable-speed screw technology and the other with maglev centrifugal technology. The findings showed variable-speed screw technology, like that in Carrier's AquaEdge® 23XRV water-cooled chiller, was more efficient, more versatile and required less maintenance than the maglev centrifugal and at a lower installed cost. When compared across a broad range of operating conditions, the variable-speed screw chiller consumed 11 percent less energy than the maglev centrifugal chiller. Based on the data, the variable-speed screw chiller also has an equipment price that is more than 30 percent lower than the maglev centrifugal chiller with the same cooling capacity. * 41 Identify any third-party issued eco-labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. With Weather Series Rooftop Units featuring EcoBlue™ Technology, Carrier is proving that not all rooftops are created equal. EcoBlue™ Technology includes a more compact vane axial fan, which is an industry first for packaged rooftop units, along with a simplified design that helps lower installation and maintenance costs. Turn to the experts today to learn more and see how we've put a whole new spin on rooftops. Silver award winner of Consulting - Specifying Engineer 2019 Product of the Year. * 42 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. Carrier is a publicly traded, fortune 500 corporation and is not minority owned. * 43 What unique attributes does your company, your products, or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it applies to Sourcewell participating entities? When you partner with Carrier, you’ll work with recognized HVAC professionals – all with a clear focus on the importance of every aspect of your investment. Our technicians are certified as Carrier Specialists or Masters - each trained on our products, customer service and thoroughly tested to our standards. Carrier’s Tech360 Certification Program is the most progressive learning program in the industry. As Carrier’s own servicing entity, we have access to the latest engineering advancements and the most advanced technical servicing tools. Our expansive OEM service network has strategically-located offices in the United States and Canada. Translation: we’ll be there whenever you need us... 24/7/365. Environmental Health and Safety (EH&S) is rooted in our culture. We support a multi-faceted EH&S management system which ensures a focused approach to safety every day. On all levels, we adhere to the most stringent safety standards, which translate to safety on your jobsite. Our Achieving Competitive Excellence (ACE) operating system brings you standardized solutions, no guesswork, no variables. We focus on quality, efficiency and consistency at your jobsite and in all our day-to-day business practices. * Table 9A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response * 44 Do your warranties cover all products, parts, and labor?Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any available manufacturer’s warranty for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re-perform or issue a credit for such service, Carrier’s obligation to repair or replace any defective equipment, parts or components during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. * 45 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? No * 46 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? Yes * 47 Are there any geographic regions of the United States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? No * 48 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Carrier will warranty products per the manufacturer’s guidelines. * 49 What are your proposed exchange and return programs and policies?No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge. Special order and non-stock items cannot be returned. * 50 Describe any service contract options for the items included in your proposal. Carrier offers its customers long-term service agreements providing them with knowledge on new cost- saving and environmental technologies, preventive maintenance, and recommendations on current controls systems. In addition, Carrier has a unique remote diagnostic monitoring tool that can detect potential service problems before they occur. Carrier seeks to reduce the clients operating costs through equipment optimization, equipment baseline analysis, building management solutions, energy savings solutions, equipment modernization, including: retrofit and upgrades and turnkey replacement solutions. Other key resources include: Field service engineers, standard work instructions, expedited parts availability and CarrierROLE®, remote online experts * Bid Number: RFP 070121 Vendor Name: Carrier Global Corp DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 Table 9B: Performance Standards or Guarantees Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response * 51 Describe any performance standards or guarantees that apply to your services Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any available manufacturer’s warranty for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re-perform or issue a credit for such service, Carrier’s obligation to repair or replace any defective equipment, parts or components during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. * 52 Describe any service standards or guarantees that apply to your services (policies, metrics, KPIs, etc.) Quality Assurance of Products & Services In early 1990, Carrier's Service Marketing Division developed a process for Service Product Design and Implementation. Once a concept is established, it progresses through a feasibility study, where customers are consulted via focus groups or questionnaires. If management approval is obtained, a multi-functional team selected from marketing and operations is formed to undertake the project. Consequently, field training must take place for the proper delivery of the service product. This can be a concurrent activity with the technical training that must accompany each product. Training sessions are held at the region or district offices, with all office personnel involved. This includes the clerical people who administer the product, the engineers who may be called upon to install the product, the managers who manage the product’s introduction, and the technicians who are involved in product installation and delivery. In product introduction, the project manager meets with quality review teams and suppliers to assure that the final product meets the initial goals for the product. Once the product is field implemented, the Customer Service Report (CSR) provides the means to communicate product deficiencies. Service marketing compiles the data via statistical analysis and the information is passed on to the appropriate suppliers. What service was sold versus what service was performed is a key indicator in the service business. Method of documentation of this indicator includes a computerized scheduling system, and the Customer Service Report (CSR) time tickets. The Customer Service Report (CSR), is a critical document for conformity. The CSR consists of several sections. The equipment information, model and serial numbers are recorded to identify the machine. A task code is used to identify the work done. Additionally, operating log readings are taken to verify the proper operation of the machine within design conditions. Calculations are done by the mechanic to confirm that operation is within the design specifications. Space on the form is dedicated to parts used, written description of work done and abnormalities discovered by the servicing mechanic. Finally, after all service is performed, customer signatures are obtained to verify that the work was done to the customer’s satisfaction. The service performance key indicators are measured monthly by management. If any discrepancies are noted, the next level of management meets with the entity, determines the root cause of the existing performance as a comparison to plan and develop action plans to rectify the situation. These action plans detail specific areas of concern, outlining actions to be taken, timing, and responsibilities. Monthly follow-ups are conducted and actual results compared to planned results. Further corrective actions are taken as required. For product hardware, statistics and data compiled by the CSR Report feedback process determines product deficiencies. Its purpose is to allow the mechanic to receive technical assistance during startup, to give feedback to engineering on problems encountered with the unit. This information is shared with the components supplier and action items implemented to correct the situation. Management makes a required vendor visit to assure that the proper actions are implemented. In a distributed technical organization, there is the need to communicate service instructions across the nation. The principle vehicles for these transfers of information are the Service Bulletin and Equipment Technical Manuals. The need to generate technical bulletins is created by the input received from the field service organization through Customer Service Report (CSR) documents which are reviewed by U.S Field Operations (USFO) customer assurance personnel and field requests for assistance. Carrier uses both formal and informal approaches to assess the quality of its systems, processes, practices, products and services. Formally, Carrier Systems and Services assess the quality of the above with measurements. Some of the measurements include yearly audits (i.e., policies, procedures, purchasing, signature authority, safety), product failure rates on a monthly basis, service agreement cancellations, customer surveys (customer satisfaction index), and customer complaints. There are Product Management Councils set up to monitor, review and take action for specific products. Examples are the chiller, airside products, and controls products quality councils which meet on a quarterly basis or as required. Carrier is committed to delivering a quality product or service at an appropriate price. We have or are implementing processes that allow us to measure the quality of our current offerings, assess opportunities for improvement and implement changes, when needed, to improve our quality or modify our products to meet new customer requirements. * Bid Number: RFP 070121 Vendor Name: Carrier Global Corp DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 Table 10: Payment Terms and Financing Options Line Item Question Response * 53 Describe your payment terms and accepted payment methods? Net 30. Payment is accepted via check, credit card, or wire. * 54 Describe any leasing or financing options available for use by educational or governmental entities. N/A * 55 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell participating entities’ purchase orders. Rather than utilize a dealer network, Carrier Corp directly employs its sales and service force. As a Sourcewell incumbent, Carrier has successfully provided quarterly reports since 2017. * 56 Describe any standard transaction documents that you propose to use in connection with an awarded contract (order forms, terms and conditions, service level agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your response. Carrier has created a pricing template which details contract labor rates, material markups, and equipment discounts from master pricing. This document is distributed to our field upon contract award, and stored on a shared drive for all company employees to access. Template uploaded to this RFP as a reference. * 57 Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell participating entities for using this process? Yes, and at no additional costs. * Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response * 58 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. See attached pricing template. * 59 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. See attached pricing template. * 60 Describe any quantity or volume discounts or rebate programs that you offer.None. * 61 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. Sourced Parts are generally marked up using a pre-negotiated Mark up schedule. See attached pricing template for rates. * 62 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre-delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Trip charges and consumable charges apply to every visit. * 63 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate. Carrier does not guarantee a particular date for shipment or delivery. Carrier shall have the right to ship any portion of the equipment included in this Agreement and invoice Customer for such partial shipment. * 64 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Same as above. * 65 Describe any unique distribution and/or delivery methods or options offered in your proposal. Any unique requirements will be discussed on a customer by customer basis. * Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: *Comments 66 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Table 13: Audit and Administrative Fee Line Item Question Response * 67 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Carrier Corporation utilizes a pricing tool that can be pre-loaded with Sourcewell's pre-negotiated rates, and markups. This ensures that users are compliant while creating competitive bids for Sourcewell members. A National Account Manager will review all bids prior to submission to ensure consistencey, and correctness. * 68 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. The Carrier National Account Manager will use two tools to track the Sourcewell contract usage. One is a tracking list maintained by the National Account Manager, and the equipment team. The second resides in our service-sales software, which will track and report quoted or sold jobs throughout the life of the contract. * 69 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.) 2% * Bid Number: RFP 070121 Vendor Name: Carrier Global Corp DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 7DEOH$'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV /LQH ,WHP 4XHVWLRQ 5HVSRQVH 70 Provide a detailed description of the equipment, products, and services that you are offering in your proposal. Heating, ventilation, air-conditioning and refrigeration systems, controls, services, and sustainable solutions for commercial, industrial, and transportation applications. * 71 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Parts sales, new equipment factory startup, turnkey product installations, upgrades, indoor air quality solutions. * 7DEOH%'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. /LQH ,WHP &DWHJRU\RU7\SH 2IIHUHG &RPPHQWV 72 HVAC, IAQ, and water heating or treatment infrastructure, equipment, components, products, parts, and related technology Yes No Carrier offers a full line of products and solutions for building occupants' comfort, health, and well being, and industrial cooling. This includes new equipment, parts, labor, warranty, and turnkey installations. * 73 Sensors, controls, thermostats, gauges, and system automation or management products and technology Yes No Carrier sells a full line of OEM replacement components, and can source parts from all other HVAC manufacturers as well. * 74 Services related to the offering of the solutions described in Lines 72 and 73 of Table 14B above, including installation, maintenance, repair, refurbishment, replacement, system upgrades, emergency or short-term HVAC equipment rental, assessment, integration, training, support, and customization Yes No Carrier seeks to reduce the clients operating costs through equipment optimization, equipment baseline analysis, building management solutions, energy savings solutions, equipment modernization, including: retrofit and upgrades and turnkey replacement solutions. Other key resources include: Field service engineers, standard work instructions, expedited parts availability and CarrierROLE®, remote online experts * ([FHSWLRQVWR7HUPV&RQGLWLRQVRU6SHFLILFDWLRQV)RUP Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. 'RFXPHQWV (QVXUH\RXUVXEPLVVLRQGRFXPHQWVFRQIRUPVWRWKHIROORZLQJ: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. Bid Number: RFP 070121 Vendor Name: Carrier Global Corp 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Pricing - Sourcewell RFP 5-19-21 Carrier Equipment Products and Pricing.xlsx - Wednesday June 30, 2021 15:03:46 Financial Strength and Stability - Carrier-2020-Annual-Report.pdf - Monday June 21, 2021 10:32:55 Marketing Plan/Samples - Strategic Accounts Overview.pdf - Monday June 28, 2021 09:17:40 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information - Carrier Warranty and Terms.pdf - Monday June 21, 2021 10:33:20 Standard Transaction Document Samples - Sourcewell RFP 5-19-21 Carrier Equipment Products and Pricing.xlsx - Wednesday June 30, 2021 15:04:38 Upload Additional Document - RFP_070121_HVAC_Systems_Services_Contract_Template Sourcewell redline for Carrier 5.25.2021.docx - Monday June 21, 2021 10:33:43 DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11 . Proposer its employees, agents, and subcontractors are not: 1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Alex Relf, Strategic Account Manager, Carrier Global Corp The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum_4_HVAC_Systems_Services_RFP_070121 Tue June 22 2021 04:10 PM 1 Addendum_3_HVAC_Systems_Services_RFP_070121 Wed May 26 2021 04:55 PM 1 Addendum_2_HVAC_Systems_Services_RFP_070121 Tue May 18 2021 03:45 PM 1 Addendum_1_HVAC_Systems_Services_RFP_070121 Mon May 17 2021 01:50 PM 1 Bid Number: RFP 070121 Vendor Name: Carrier Global Corp DocuSign Envelope ID: 8B146823-77D9-4BC0-98F4-B947F9AA0E19 VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2022 - 2026 Strategic Result : Department : People and Organizational Performance Public Works Project Name :Year(s) :2022 Village Hall Air Handler and Chiller Replacement Project Description : Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : Village Hall A/C air handler and chiller replacement. A/C chiller is past its seven (7) year life expectancy. Two (2) chiller coils were replaced in 2020. The bottom of the unitl is failing and the system is deteriorating. This unit is significatly defiencient and needs to be replaced. Both the air handler and chiller are necessary to maintain the building and provide the appropriate environmental workplace conditions for staff. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2022 - 2026 Project Name : Strategic Result : Department : 2022 2023 2024 2025 2026 Total Project Budget : Land acquisition $0 Planning / Design 0 Engineering 0 Construction 0 Equipment 190,000 190,000 Vehicle 0 Other 0 Total Budget $190,000 $0 $0 $0 $0 $190,000 Funding Sources : General revenues $0 Impact fees 0 Grant revenues 190,000 190,000 Debt Service 0 Infrastructure Surtax 0 Fund balance 0 Other 0 Total Revenues $190,000 $0 $0 $0 $0 $190,000 Operating Impact: Personnel $0 Operating 0 Capital 0 Other 0 Total Operating $0 $0 $0 $0 $0 $0 ARPA funding will be used for the air handler as this will improve air quality in Village Hall. Village Hall Air Handler and Chiller Replacement People and Organizational Performance Public Works Grant Information Comment(s) No significant impact. Capital expenditure is designed to replace existing equipment. Beginning Balance $88,407 Transfers in:Resolution / Ordinance Amount Total FY 2022 Transfer in (transfer during budget process) Ordinance # 2021‐17 660,000 FY 2022 Transfer in (use of FY21 Net Income)on 4/28/22 agenda 2,000,000 Total Transfers in $2,660,000 Less: Purchases Description Resolution #Amount Total Fiscal Year 2022 Community Center Playground Equipment Resolution # 2022‐08 3,315 Boat Engine Replacement Resolution # 2022‐12 44,500 Webstreaming Resolution # 2022‐15 39,690 Increase in Grapple Truck Purchase Price Resolution # 2022‐18 7,750 Village Hall Air Handler & Chiller Replacement on 4/28/22 agenda 203,868 Anchorage Park Playground Replacement on 4/28/22 agenda 250,000 Lighthouse Drive Bridge Conceptual Designs on 4/28/22 agenda 91,288 Total Purchases (640,411) CIP Fund Available Balance $2,107,996 Village of North Palm Beach CIP Fund Recap Fiscal Year 2022 VILLAGE OF NORTH PALM BEACH PARKS AND RECREATION DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Zakariya Sherman, Director of Leisure Services DATE: April 28, 2022 SUBJECT: RESOLUTION – Accepting a proposal submitted by Advanced Recreational Concepts, LLC (ARC) and Playspace Services, Inc. to remove and replace the Anchorage Park Playground at a total cost of $438,063.19. The playground at Anchorage Park is heavily used by children and families year-round. The existing equipment has reached the end of its useful life (installed in 2009) and needs to be replaced with a more modern structure that will provide shade. Staff received the following proposals to remove and replace the Anchorage Park Playground equipment: Vendor Cost Advanced Recreational Concepts, LLC (ARC) and Playspace Services, Inc. $438,063.19 Advanced Recreational Concepts, LLC $251,831.86 Playspace Services, Inc. $186,231.33 Miracle Recreation Equip. Co. $431,699.80 Playmore Recreational Products & Services $396,247.88 An online community survey was conducted from April 1-18, 2022 to give residents an opportunity to choose their preferred design amongst those provided by the vendors identified above. The design by Playmore Recreational Products was not considered as part of the survey due to a design that did not meet our needs, including a lack of shade. Tabulation of results revealed that the community preferred the design from Advanced Recreational Concepts, LLC (ARC) and Playspace Services, Inc. by a margin of 204 to 104 (62.01% to 31.61%). 21 respondents (6.38%) said either option was acceptable. Additionally, the Recreation Advisory Board reviewed both plans and approved the design from Advanced Recreational Concepts, LLC (ARC) and Playspace Services, Inc. as well. Renderings of their proposed playground are attached. Staff also took into account the Needs Assessment conducted by Dr. Barth Associates, LLC and ensured the design had sufficient shade. Pricing: The proposal from Advanced Recreational Concepts, LLC (ARC) and Playspace Services, Inc. is pursuant to pricing established in an existing contract with Clay County (Bid No. 18/19-2) expiring May 27, 2022. The Village’s purchasing policies and procedures authorize concurrent competitive purchasing on other state and local government contracts. Funding: The Village has been approved for a $400,000 State of Florida Department of Environmental Protection Land and Water Conservation Fund (LWCF) Grant for the playground replacement at Anchorage Park. The Grant requires a one-to-one Village match ($200,000). $250,000 was originally budgeted for this project. This amount was comprised of $125,000 from the Village’s CIP Fund and $125,000 from the LWCF grant. Increasing the Village’s contribution by $125,000 through the use of funding made available by the transfer of FY2021 Net Income to the Capital Projects Fund (as was recommended to the Audit Committee and the Village Council) will allow the Village to maximize the grant match and secure a playground with greater shade and amenities -- this increases the total project budget to $450,000. The following budget amendment is required to provide the necessary funding for this project: Budget Amendment – Capital Projects Fund: Account Description Use Source K5541-66000 CIP Fund $250,000 K5541-49102 Transfer Out to Recreation Grant Fund $250,000 Total $250,000 $250,000 Budget Amendment – Special Revenue Recreation Grant Fund: Account Description Use Source U3900-09132 Transfer In from Capital Projects Fund $250,000 U2128-33012 Grant Revenue – Land & Water 200,000 U8028-66210 Construction & Major Renovation $450,000 Total $450,000 $450,000 The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution accepting the proposal submitted by Advanced Recreational Concepts, LLC (ARC) and Playspace Services, Inc. to remove and replace the Anchorage Park playground at a total cost of $438,063.19, with funds expended from Account No. U8028-66210 (Construction & Major Renovation); authorizing the Mayor and Village Clerk to execute the required budget amendment to appropriate the required project funds and authorizing the Mayor and Village Clerk to execute Contracts relating to such services in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM ADVANCED RECREATIONAL CONCEPTS, LLC FOR THE PURCHASE OF NEW PLAYGROUND EQUIPMENT FOR ANCHORAGE PARK AND APPROVING A PROPOSAL FROM PLAY SPACE SERVICES, INC. FOR THE REMOVAL AND DISPOSAL OF THE EXISTING EQUIPMENT AND THE INSTALLATION OF NEW EQUIPMENT PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CLAY COUNTY CONTRACT; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE CONTRACTS FOR SUCH SERVICES; APPROVING A BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE CAPITAL IMPROVEMENT FUND TO FACILITATE THE PURCHASE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village was awarded a matching $400,000.00 Florida Department of Environmental Protection Land and Water Conservation Fund (LWCF) Grant for the replacement of playground equipment at Anchorage Park; and WHEREAS, Village Staff recommends accepting the proposal from Advanced Recreational Concepts, LLC for the purchase of the new playground equipment and a proposal from its related entity, Play Space Services, Inc., for the removal of the existing equipment and the installation of the new equipment both utilizing pricing established in an existing Clay County Contract (RFP No. 18/19-2 – Various Equipment and Amenities for Parks and Playgrounds) at a total cost of $438,063.19; and WHEREAS, in order to fund the purchase, the Village Council wishes to amend the Capital Projects Fund Budget and the Recreational Grant Fund Budget to account for the receipt of the grant funds and provide an additional $250,000.00 in CIP funds; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal from Advanced Recreational Concepts, LLC for the purchase of the new playground equipment and a proposal from Play Space Services, Inc., for the removal of the existing equipment and the installation of the new equipment at Anchorage Park both utilizing pricing established in an existing Clay County Contract (RFP No. 18/19-2 – Various Equipment and Amenities for Parks and Playgrounds) at a total cost of $438,063.19, with funds expended from Account No. U8028-66210 (Grant Expense – Construction & Major Renovation). The Village Council further authorizes the Mayor and Village Page 2 of 2 Clerk to execute Contracts for such equipment and services, copies of which are attached hereto and incorporated herein by reference. Section 3. In order to reflect the receipt of grant funds and provide additional CIP funds to fully fund this purchase, the Village Council hereby approves the following budget amendments: Budget Amendment – Capital Projects Fund: Account Description Use Source K5541-66000 CIP Fund $250,000 K5541-49102 Transfer Out to Recreation Grant Fund $250,000 Total $250,000 $250,000 Budget Amendment – Special Revenue Recreation Grant Fund: Account Description Use Source U3900-09132 Transfer In from Capital Projects Fund $250,000 U2128-33012 Grant Revenue – Land & Water 200,000 U8028-66210 Construction & Major Renovation $450,000 Total $450,000 $450,000 Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget amendment for and on behalf of the Village of North Palm Beach. Section 5. All resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2022, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and ADVANCED RECREATIONAL CONCEPTS, LLC, 3125 Skyway Circle, Melbourne, Florida 32934, a Florida limited liability company (hereinafter “CONTRACTOR”), whose F.E.I. Number is 20-0520823. RECITALS WHEREAS, the VILLAGE is in need of a contractor to supply playground equipment for Anchorage Park; and WHEREAS, Clay County, through its competitive selection process, awarded a Contract for Various Equipment and Amenities for Parks and Playgrounds (RFP No. 18/19-2) (“Clay County Contract”) to CONTRACTOR; and WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested equipment based on the pricing established in the Clay County Contract; and WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE desires to retain CONTRACTOR’s services by “piggy-backing” the Clay County Contract, including all terms, conditions and pricing set forth therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. CLAY COUNTY Contract. Clay County’s Contract for Various Equipment and Amenities for Parks and Playgrounds (RFP No. 18/19-2) with CONTRACTOR, attached hereto as Exhibit “A,” and incorporated herein by reference. 3. CONTRACTOR’s Services and Time of Completion. A. In accordance with the terms and conditions of the Clay County Contract and at the direction of the VILLAGE, CONTRACTOR supply playgournd equipment for Anchorage Park in accordance with is Proposal dated March 16, 2022, attached hereto as Exhibit “B” and incorporated herein by reference. B. The total cost of such equipment shall not exceed $251,831.86 C. The equipment to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed and shall be supplied within ninety (90) days of such written notice. 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: Page 2 of 6 A. This Contract B. Exhibit “A” (CLAY COUNTY Contract) C. Exhibit “B” (CONTRACTOR’S Proposal) 5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior written consent of the VILLAGE. The VILLAGE shall pay fifty percent (50%) of the total compensation upon execution of this Contract and the remaining fifty percent (50%) upon receipt and acceptance of the equipment by the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 6. Term and Termination. A. This Contract shall be for the term as indicated in the Clay County Contract. Extensions or renewals to the Clay County Contract or any modification including new products, terms, or price changes to the Clay County Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the Clay County Contract expires and no new contract is let by the Clay County, the VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an additional period of one (1) year. B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten (10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the VILLAGE is in breach of this Contract, upon termination by the VILLAGE or CONTRACTOR, CONTRACTOR shall refund all monies paid for equipment not yet received and accepted. Unless the CONTRACTOR is in breach of this Contract, the VILLAGE shall pay CONTRACTOR for equipment received and accepted through the date of termination. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the Clay County Contract, with the VILLAGE named as an additional insured. 8. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any Page 3 of 6 way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 9. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 10. Warranty/Guaranty. Unless a longer period is stated in the Clay County Contract, CONTRACTOR warrants that its goods and services provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following delivery and completion of those goods and services. 11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 12. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of or in connection with this Contract. C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions Page 4 of 6 of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. D. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto . Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public requires required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable Page 5 of 6 time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible wi th the information technology systems of the VILLAGE. I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. ADVANCED RECREATIONAL CONCEPTS, LLC By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ VILLAGE CLERK Page 6 of 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2022, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and PLAY SPACE SERVICES, INC., 3125 Skyway Circle, Melbourne, Florida 32934, a Florida limited liability company (hereinafter “CONTRACTOR”), whose F.E.I. Number is 59-3136444. RECITALS WHEREAS, the VILLAGE is in need of a contractor to remove and dispose of existing playground equipment at Anchorage Park and install new equipment; and WHEREAS, Clay County, through its competitive selection process, awarded a Contract for Various Equipment and Amenities for Parks and Playgrounds (RFP No. 18/19-2) (“Clay County Contract”) to CONTRACTOR; and WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on the pricing established in the Clay County Contract; and WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE desires to retain CONTRACTOR’s services by “piggy-backing” the Clay County Contract, including all terms, conditions and pricing set forth therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. CLAY COUNTY Contract. Clay County’s Contract for Various Equipment and Amenities for Parks and Playgrounds (RFP No. 18/19-2) with CONTRACTOR, attached hereto as Exhibit “A,” and incorporated herein by reference. 3. CONTRACTOR’s Services and Time of Completion. A. In accordance with the terms and conditions of the Clay County Contract and at the direction of the VILLAGE, CONTRACTOR shall remove and dispose of the existing equipment and install new playground equipment at Anchorage Park in accordance with is Proposal dated March 16, 2022, attached hereto as Exhibit “B” and incorporated herein by reference. B. The total cost of such services shall not exceed $186,231.33. C. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) days of such written notice. 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: Page 2 of 6 A. This Contract B. Exhibit “A” (CLAY COUNTY Contract) C. Exhibit “B” (CONTRACTOR’S Proposal) 5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior written consent of the VILLAGE. The VILLAGE shall pay fifty percent (50%) of the total compensation upon execution of this Contract and the remaining fifty percent (50%) upon completion of all services. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 6. Term and Termination. A. This Contract shall be for the term as indicated in the Clay County Contract. Extensions or renewals to the Clay County Contract or any modification including new products, terms, or price changes to the Clay County Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the Clay County Contract expires and no new contract is let by the Clay County, the VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an additional period of one (1) year. B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten (10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the CONTRACTOR is in breach of this Contract, the VILLAGE shall pay CONTRACTOR for all services satisfactorily performed through the date of termination. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the Clay County Contract, with the VILLAGE named as an additional insured. 8. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not Page 3 of 6 limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 9. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 10. Warranty/Guaranty. Unless a longer period is stated in the Clay County Contract, CONTRACTOR warrants that its goods and services provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following delivery and completion of those goods and services. 11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 12. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of or in connection with this Contract. C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable Page 4 of 6 attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. D. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto . Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public requires required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable Page 5 of 6 time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible wi th the information technology systems of the VILLAGE. I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. PLAY SPACE SERVICES, INC. By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ VILLAGE CLERK Page 6 of 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY ANCHORAGEPARK MIXEDSystem Type: 2-12For Ages: From:Donna Fish To:Paul Bickham Subject:RE: Copy of contract Date:Monday, November 4, 2019 2:33:18 PM Attachments:1819-2 Equip & Amenities Parks & Playgrounds.pdf 051519 Discount spreadsheet.pdf F&A - BCC minutes.pdf Hi Paul, See attached discount spreadsheet that has all awarded vendors and their discount percentages. There are no contracts or award letters, we use the spreadsheet and approval minutes by our board for backup for any purchases. The initial term is good until 5/27/22. Let me know if you need anything else. Thank you, Donna Fish, Buyer 1 Clay County Purchasing Division P O Box 1366 477 Houston Street Green Cove Springs, FL 32043 PH: 904-278-3761 Fax: 904-278-3728 Email address: donna.fish@claycountygov.com From: Paul Bickham [mailto:PBickham@arcflorida.com] Sent: Monday, November 04, 2019 2:24 PM To: Donna Fish <Donna.Fish@claycountygov.com> Subject: Copy of contract CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Donna, Can you help me get a copy of the contract 18/19-2, Various Equipment and Amenities for Parks and Playgrounds and confirmation that Advanced Recreational Concepts and Playspace Services are on the contract? Any help would be appreciated. Thanks in advance. Paul Bickham Design Manager Advanced Recreational Concepts / Playspace Services 3125 Skyway Cir. Melbourne, FL. 32934 Office: 321-775-0600 Mobile: 321-514-3184 Fax: 866-957-2356 pbickham@arcflorida.com www.arcflorida.com Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The information contained in this email and/or attachment(s) may be confidential and intended solely for the use of the individual or entity to whom it is addressed. This email and/or attachment(s) may contain material that is privileged or protected from disclosure under applicable law. If you are not the intended recipient or the individual responsible for delivering to the intended recipient, please notify sender immediately by telephone to obtain instructions as to whether information in this email and/or attachment(s) is confidential and privileged or protected from disclosure under applicable law. FINANCE AND AUDIT COMMITTEE MEETING MINUTES May 21, 2019 Administration Building, 4th Floor, BCC Meeting Room, 477 Houston Street, Green Cove Springs, FL 32043 3:00 PM PUBLIC COMMENTS Chairman Hendry called the meeting to order at 3:00 P.M. Chairman Hendry opened the public comment period. There were no public comments to be heard. Chairman Hendry closed the public comment period. Com m it t ee Agenda I t em s 1. Solid Waste Collection Assessment Rate Approval of the Solid Waste Collection Assessment rate for Fiscal Year 2019-2020. This rate will be used in the preparation of the Solid Waste Collection Assessement Roll and included in the notice to affected property owners for the upcoming year. Funding Source: Revenue (M. Towns) After discussion, Commissioner Gayward Hendry moved, seconded by Commissioner Wayne Bolla, and Carried 2 - 0, to pull for full Board discussion at the May 28th BCC meeting. 2. Bid #18/19-17, Household Hazardous Waste Buildings Approval to post notice of intent and award Bid #18/19-17, Household Hazardous Waste Buildings to MCC Development, Inc. at a cost of $233,900.00. Approval will be effective after 72 hour period for protest has expired. Funding Source: 401-3802-562000 (Solid Waste Fund / Environmental Services / Buildings) (M. Towns) After discussion, Commissioner Gayward Hendry moved, seconded by Commissioner Wayne Bolla, and Carried 2 - 0, approval to go before the Board on the May 28th Consent Agenda. 3. Florida Department of Veterans' Affairs (FDVA) Memorandum of Agreement Approval of the Memorandum of Agreement with the Florida Department of Veterans' Affairs, formalizing the Interlocal relationship as an authorized user of FDVA's VetraSpec technology, for a term to continue until terminated by either party. Funding Source: Not Applicable (T. Nagle) After discussion, Commissioner Gayward Hendry moved, seconded by Commissioner Wayne Bolla, and Carried 2 - 0, approval to go before the Board on the May 28th Consent Agenda. 4. RFP #18/19-2, Various Equipment and Amenities for Parks and Playgrounds Approval to post notice of intent and to award RFP No. 18/19-2, Various Equipment and Amenities for Parks and Playgrounds, to multiple companies for a term of three years. All bids are based upon the % discount offered for products and service. This bid is also a means for qualifying vendors for Ball Park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis based on discount pricing.Approval will be effective after 72 hour bid protest period has expired. Submittals are available for review in the Purchasing Department. Funding Source: 001-3201-546100 (General Fund - Parks & Rec - Repairs & Maint) (J. Householder) After discussion, Commissioner Gayward Hendry moved, seconded by Commissioner Wayne Bolla, and Carried 2 - 0, approval to go before the Board on the May 28th Consent Agenda. 5. Division of Historical Resources Grant Application for the Clay County Historical Courthouse Building Restoration Project Approval to apply for a Department of State Historic Preservation Grant funding through the Division of Historical Resources for the Clay County Historical Courthouse Building Restoration Project. The grant requires a 50% match. The application deadline is June 1, 2019. Staff is still in the process of finalizing the grant application. (J. Householder) James Householder, Director of Facilities & Maintenance, stated that the amount of the grant application is a total of $300,000.00 and that the required 50% County match of $150,000.00 is to be in the FY 19/20 County Budget. After discussion, Commissioner Gayward Hendry moved, seconded by Commissioner Wayne Bolla, and Carried 2 - 0, approval to go before the Board on the May 28th Consent Agenda. 6. Discussion regarding Agreements related to the SWEAT Program Discussion regarding the following Agreements related to the SWEAT Program: 1. Program Director Services - Curtis Enterprises, LLC 2. Mentoring and Tutoring Services - Bright Minds Youth Development, Inc. (K. Thomas) After discussion, Commissioner Gayward Hendry moved, seconded by Commissioner Wayne Bolla, and Carried 2 - 0, approval to go before the Board on the May 28th Consent Agenda, with the additional approval to waive the Purchasing Policy and extend the Program Director Services and Mentoring and Tutoring Services Agreements. 7. Tourist Development Council Event Marketing Grant Awards Approval of TDC Marketing Grant Applications for Ham Jam 2019 in the amount of $2,200.00 and Clay County Veterans Event in the amount of $1,000.00. Funding Source 109-1910-548005 (Tourism Development Fund - Tourism & Film Development - Reimbursement Grants) (K. Morgan) After discussion, Commissioner Wayne Bolla moved, seconded by Commissioner Gayward Hendry, and Carried 2 - 0, approval to go before the Board on the May 28th Consent Agenda. 8. Interlocal Agreement for Reimbursement of Property Appraiser (Stormwater Maintenance MSBU) Approval of the Interlocal Agreement for Reimbursement of Property Appraiser (Stormwater Maintenance MSBU). The purpose of this Agreement is for the County and the Property Appraiser to establish and agree upon the undertaking of their mutual responsibilities pursuant to Section 197.3632, Florida Statutes, in order for the County to implement the Uniform Method for the notice, levy, collection, and enforcement of certain non-ad valorem assessments herein described; and to provide for reimbursement and payment by the County to the Property Appraiser for all necessary administrative costs incurred by the Property Appraiser in such activity as provided in said statute. Funding Source: 101-3701- 546100 (Transportation Trust Fund / Streets & Drainage / R&M) (C. Grimm) After discussion, Commissioner Wayne Bolla moved, seconded by Commissioner Gayward Hendry, and Carried 2 - 0, approval to go before the Board on the May 28th Consent Agenda. 9. Interlocal Agreement for Reimbursement of Tax Collector (Stormwater Maintenance MSBU) Approval of the Interlocal Agreement for Reimbursement of Tax Collector (Stormwater Maintenance MSBU). The purpose of this Agreement is for the County and the Tax Collector to establish and agree upon the undertaking of their mutual responsibilities pursuant to Section 197.3632, Florida Statutes, in order for the County to implement the Uniform Method for the notice, levy, collection, and enforcement of certain non-ad valorem assessments herein described; and to provide for reimbursement and payment by the County to the Tax Collector for all necessary administrative and collection costs incurred by the Tax Collector in such activity as provided in said statute. Funding Source: 101-3701-546100 (Transportation Trust Fund / Streets & Drainage / R&M) (C. Grimm) After discussion, Commissioner Wayne Bolla moved, seconded by Commissioner Gayward Hendry, and Carried 2 - 0, approval to go before the Board on the May 28th Consent Agenda. 10. FY 19/20 Nonprofit Grant Applicants - Session 1 of 2 Presentations of the FY 19/20 Nonprofit Agency Grant Applicants for budget funding for the upcoming fiscal year. (D. Sileo) Florida Art License Plate Fund: A. Clay County Community Band, Inc. (not presenting) B. First Coast Highlanders, Inc. (not presenting) General Fund: C. Challenge Enterprises of North Florida, Inc. D. Episcopal Children's Services, Inc. E. Kids First of Florida, Inc. F. Quigley House, Inc. County Alcohol & Drug Abuse Fund: G. Clay Behavioral Health Center, Inc. Presentations were heard by Nonprofit Grant Applicants on the agenda. Acting County Manager Mock explained the process in which agency funding is determined during the budget process. James Householder, Director of Facilities & Maintenance, responded to Vice Chairman Bolla's inquiry pertaining to Veteran parking spaces at the Administration Building. There being no further business, the meeting was adjourned at 4:32 P.M. Attest: _____________________________________ _____________________________________ Committee Chairman Recording Secretary Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Finance and Audit Committee DATE: 5/13/2019 FROM: Milton Towns, Environmental Services Dept. SUBJECT: Approval of the Solid Waste Collection Assessment rate for Fiscal Year 2019-2020. This rate will be used in the preparation of the Solid Waste Collection Assessement Roll and included in the notice to affected property owners for the upcoming year. Funding Source: Revenue (M. Towns) AGENDA ITEM TYPE: BACKGROUND INFORMATION: Clay County utilizes the non-as valorem Solid Waste Collection Assessment to fund the cost of residential solid waste collection. The assessment is levied against certain residential properties within the Solid Waste and Recovered Materials Collection Services Municipal Service Benefit Unit (MSBU) established by Ordinance No. 2006-53. The Board must approve the assessment rate and adopt the assessment roll annually. This approval follows a public hearing for the Annual Rate Resolution held in August of each year. ATTACHMENTS: Description Curbside Collection Assessment Rate Fiscal Year 2019-20 Recommendation Staff recommends a rate adjustment for FY20 due to increasing costs Costs are increasing by roughly 3% per year due to CPI and fuel adjustments Contract cost represents about 96% of the total budget, TC 2%, Ad min 2% Return to the 2010 & 2011 rate 154.44 current 139.20 Moderate adjustment 1.27 mo 15.24 year Total SW assessments will be less than the amount paid in 10 of the 13 years since beginning $4.35/week for waste collection & disposal (G, Recy, YT, & Bulk) $1.45/p-up Compare Clay St Johns Putnam Clay St Johns Putnam Total $226.44 $230.00 $331.00 month $18.87 $19.17 $27.58 Adjustment is necessary because, for 7 of the 8 years since 2012, we have - 1 Charged homeowners less than the full cost of garbage collection 2 Have essentially been using our savings account to make up the difference 3 Without a rate adjustment, the savings account will be drained next year, 2020 Reserve funds (savings) also used to pay for extra debris cleanup in case of localized events Best financial practices advocate a fund balance that is 20% of the total annual costs Should be approximately $2 million for this fund ($10m budget) Background -how did we get here? Dec-16 Collection contract was amended -included a 6% cost reduction Oct-17 Reduced ALL solid waste fees for collection & disposal Collection assessment lowered to pass on cost reduction to homeowners 2017-19 Over next 3 years used over $1 million of fund balance (savings) Residential Solid Waste & Recycling Collection Program (Enterprise Fund 402-3820) Collection Assessment1 Paid to Contractor Annual Revenue/Expense Reserves Fiscal Year Est.' Annual Amount Monthly Rate Annual Amount Monthly Rate Revenue Expense Yearly Total 06/072 $ 110.00 $ 12.22 $ 97.92 $ 10.88 $ 6,671,772 $ 5,958,888 $ 712,883 $ 712,883 07/08 $ 146.00 $ 12.17 $ 133.32 $ 11.11 $ 8,470,817 $ 8,262,781 $ 208,036 $ 920,919 08/09 $ 150.00 $ 12.50 $ 138.36 $ 11.53 $ 8,917,917 $ 8,480,382 $ 437,535 $ 1,358,454 09/10 $ 154.44 $ 12.87 $ 136.68 $ 11.39 $ 9,196,523 $ 8,453,301 $ 743,222 $ 2,101,676 10/11 $ 154.44 $ 12.87 $ 136.68 $ 11.39 $ 9,177,393 $ 8,670,954 $ 506,439 $ 2,608,115 11/12 $ 139.44 $ 11.62 $ 136.68 $ 11.39 $ 8,364,059 $ 8,864,202 $ (500,142) $ 2,107,972 12/13 $ 146.40 $ 12.20 $ 138.72 $ 11.56 $ 8,906,676 $ 9,082,256 $ (175,579) $ 1,932,393 13/14 $ 146.40 $ 12.20 $ 139.92 $ 11.66 $ 8,933,847 $ 9,273,278 $ (339,431) $ 1,592,962 14/15 $ 146.40 $ 12.20 $ 141.18 $ 11.77 $ 9,004,322 $ 9,262,401 $ (258,079) $ 1,334,884 15/16 $ 146.40 $ 12.20 $ 134.60 $ 11.22 $ 9,146,482 $ 8,727,812 $ 418,670 $ 1,753,554 16/174 $ 139.20 $ 11.60 $ 134.19 $ 11.18 $ 8,771,684 $ 8,831,740 $ (60,056) $ 1,693,498 17/18 $ 139.20 $ 11.60 $ 136.23 $ 11.35 $ 9,040,956 $ 9,294,346 $ (253,390) $ 1,440,108 18/19 Proj. $ 139.20 $ 11.60 $ 137.97 $ 11.50 $ 9,000,120 $ 9,722,429 $ (722,309) $ 717,799 19/20 est: $ 154.44 $ 12:87. $ · 138:84 $ . 11.57. $ 10,198,623 $ 9,864,803 $ 333,820 $ 1,022,924 20/21 est. $ 154.44 $ 12.87 $ 141.99 $ 11.83 $ 10,387,610 $ 10,129,470 $ 258,140 $ 1,281,064 19/20 0% $ 139.20 $ 11.60 $ 138.84 $ 11.57 $ 9,194,206 $ 9,856,864 $ (662,658) $ 26,446 Note: 1 Residential Assessment Resolution #06/07-14 provides that the assessment rate not exceed $161.00 2 Annual assessment rate of $146.66 reduced for nine month period (January -September) at inception 3 "Est." reflects projected budget amounts 4 Collection assessment rate reduced to decrease fund balance Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Finance and Audit Committee DATE: 5/16/2019 FROM: Karen Thomas, Administrative & Contractual Services SUBJECT: Approval to post notice of intent and award Bid #18/19-17, Household Hazardous Waste Buildings to MCC Development, Inc. at a cost of $233,900.00. Approval will be effective after 72 hour period for protest has expired. Funding Source: 401-3802-562000 (Solid Waste Fund / Environmental Services / Buildings) (M. Towns) AGENDA ITEM TYPE: BACKGROUND INFORMATION: Bid provides replacement of three hazardous waste storage buildings to store residential household hazardous wastes until it is ready for shipment. Is Funding Required (Yes/No): Yes If Yes, Was the item budgeted (Yes\No\N/A): Yes Funding Source: Solid Waste Fund / Environmental Services / Buildings Account # 401-3802-562000 Amount - $233,900.00 Sole Source (Yes\No): No Advanced Payment (Yes\No): No ATTACHMENTS: Description BID 18/19-17 Househol d Hazardous Waste Bu i ldings-Cl ay County sov • B[D #18/19-17, Household Hazardous \Vaste Buildings Specifications (Hazmat Storage Buildings) • Manufacture and deliver buildings only • Buildings will meet EPA, NFPA 30 and OSHA standards for storage of household hazardous wastes • Building Size Exterior (maximum) -24' x IO' x IO' • Roof will slope front (door side) to back and away from pennanent building • All welded heavy gauge steel construction • Exterior walls 12 gauge minimum • Interior walls -20 gauge minimum • Floor grates -10 gauge minimum • Sump containment area IO gauge minimum • Tie down pads at four (4) corners compliant. County/Installer to determine proper anchoring requirements of State of Florida Building Codes and Wind Codes for Eastern Clay County. • Forklift pockets for lifting and moving building • Exterior Coating • Walls and roof painted the color selected by the County • Weather and chemical resistant coating, including on underside of building • Four (4) hour fire rating • Separation walls dividing each unit, including sump floor • Lockable roll up doors for each room (6'8" minimum height) • Low profile door threshold (IO gauge steel), each door. • Secondary Containment sump in floor -750 gallon minimum • Galvanized steel grate flooring with r.:movable sump access grate • Explosion proof exhaust fan in each room • Explosion prooflight(s) in each room • Automatic Fire Suppression System for each room • Chemical fire suppression for five of six rooms (standard ABC dry chemical) • Water suppression in oxidizer room (1/3 sized room, East side of Building 3) • Power connection locations • Building #I mount box at corner of unit on the East side at the South end • Building #2 --mount box at center of unit on the South end • Building #3 --mount box at center of unit on the West end • Interior Coating • Walls and shelving will be anti-corrosive resin coated to protect against chemical corrosion • Walls and shelves painted bright white in color • BID #18/19-17, Household Hazardous Waste Buildings Specifications (Hazmat Storage Buildings) Con't • Adjustable and removable shelving for each room • Mounting brackets, shelves and hardware shall be of the same design and size for universal fit within all three buildings • Mounting hardware and shelving shall be installed on the rear and side walls of each room (3 walls) • Brackets will allow shelves to be mounted at 16" above floor, 16" below ceiling and at any height in between with adjustment intervals of no larger than 2" • Shelves will have a minimum depth of 18" • Shelving will extend end to end (corner to corner) on each wall • Install four (4) vertical shelves each wall • Shelves will be of a solid surface and will have a leak proof containment lip (IS' minimum) on all four sides to contain spilled liquids • Corrosion resistant, fitted shelfliners will be supplied for each shelf • Buildings #I & #2 (East (back) side of HHW building] • Each Building will be divided into two (2) rooms of equal size with the Door opening in center of each room • 6' wide roll up door for each room • Tag board holders (10 ¾" x IO¾'") adjacent to each door • Building #3 (South (right) side of HHW building] • Divided into two (2) rooms of unequal size • East side (left side when facing front) shall be 1/3 of total size (oxidizer room) • West side (right side when facing front) shall be 2/3 of total size • Door opening in center of each room • 5' wide roll up door East room ( I /3) • 6' wide roll up door -West room (2/3) • Tag board holders (IO¾" x 10 ¾'') adjacent to each door • Warranty • Structure and systems l O year minimum • Chemical resistant coatirigs and paint --3 year minimum MCC DEVELOPMENT, INC. Bid No. 18/19-17, Household Hazardous Waste Buildings Total Price ofThree Buildings per specifications pages 15:18: $ 'd 33) 9fllJ, {I?) Total Cost Written in WorddlJ,,Q /-kl)Jru/ fh;rf-.{flif <l. 11<JvSgl'l,/ \\JuJt \Avfll:lcpJ Do\\~rs gvy,( -Zero wVJ-:i-5 (Bid based on above total) Bids require a five (5%) percent bid bond and may not be withdrawn after the scheduled opening time for a period of thirty (30) days. CORPOR<\.TE DETAILS Failure to complete all fields may result in your bid being rejected as non-responsive. SAFETY STORAGE® INC. 855 N. 5" Street, Charleston. IL 61920 Ph: (800) 727-2067 FAX: (217) 3454428 http:1Ayww4a,fetysforsge.com 2 MVL Exhaust Ventilation, Exterior low Mount (Explosion Proof) (Class I, Division 1 Grouos C&Dl with Snap-Tvne Switch /Non Explosion-Proof) 2 FS2 Fan Switch, Snap-Type. Upgrade to Expiosion-Proof Switch (Class I, Division 1 Groups C&D) 2 LE02 Interior LED Low Profile Lighting Fixture. 20W (Class I. Division 2 Grouos A-D) with Exterior Lioht Swttch (Non E1mlosion-Proof) 2 LS2 Upgrade Light Switch to Explosion Proof (Class I, Division 1 Groups C&Dl 1 ELAE Emergency Local Alarm System. Explosion-Proof Switch (Class I, Division 1 Grouos C&D\ Non Exolosion-Proof Alarm 1 ELAA Additional Emergency Local Alarm Switch (Class I, Division 1 Groups C&Dl 1 LC1 Load Center, Sinole Phase (Nema 3Rl 1 CCP Custom Color (Excludes Safetv Colors) 1 TTU2 Two-Tone Finish 1092 MAX INT/EXT Soeclal Coatino • Maxshell (Interior & Exterior) 240 CTU Coal Tar Undercoat ( Per So. Ft! 240 FRC Florida Roof Coat, Reouired in Hurricane Zone ( Per Sq. Ft) 2 TRITEM1071 FLSS Upgrade Roll up Door to be installed in factory ( Additional freight charges may apply) Florida State Seal Item B: One {1) Model 2410FR4 Safety Storage Buildlng ..........................*$92,627.00 Qtv Quote Ref Oescriotion 1 2410FR4 24L x 10W x 9H "4FR" Series Storaae Buildina OVHT 120" Overall Heiaht 10 GA HRS Sump Floor Upgrade (Per Square Ft) -Sump Wall not 1 TRITEM93 Included240 TRITEM1979 Uoorade Roof Only to 150 MPH Wind Load, Model 2410 Upgrade Skin to 14Ga Galvannealed, 120" Overall Building Height 19 1 TRITEM545 maximum (Per Skin) Upgrade Skins to 20Ga Galvannealed, 120" Overall Building Height 21 TRITEM552 maximum (Per Skin) -1 DR60 Door, Double, 60"W x 80"H, 3HR Fire-Rated Rollup Door, 72'W X 80"H Fire-Rated, Non-Insulated, Chain Operated, Windstorm Door FL Approved (Shipped loose and installed and tested on TRITEM1980 site bv others)1 Rollup Door, 60'W X 80"H Fire-Rated, Non-Insulated, Chain Operated, Windstorm Door FL Approved (Shipped loose and installed and tested on 1 TRITEM1981 site bv others) Custom Threshold, Painted 10Ga HRS (Shipped loose and installed on 2 site bv others)TRITEM1978 1 PW4FR3 Partition Wall, 4Hr Fire-Rated (With Sumo Seoaratorl, 10W Building 1 HDB3 Hold-Down Bracket, 3-Hole, Uoorade from Standard (4 Brackets) DC2 Dru Chemical Fire Sunnression Svstem /Rated for Class A. B and C fires) 1 1 WS1 Water Sorinkler Subassemblv, One /1) Sorinkler Head Shelving with Standards, Stainless Steel (Adjustable, 22'0) (Per Linear ft.)46 SH22 Shelving W/0 Standards, Stainless Steel (Adjustable, 22'D) (Per Linear138 SH22A Ft.) 2 SIGN? Sian. "CONFINED ENTRY" Exhaust Ventilation, Exterior Low Mount (Explosion Proof) (Class I, 2 MVL Division 1 Grouos C&D) with Snap-Tvoe Sw!ch /Non Exolosion-Proof) Fan Switch, Snap-Type, Upgrade to Explosion-Proof Switch (Class I, 2 FS2 Division 1 Grouns C&D) Heat Sensor -Exhaust Shutdown (Explosion-Proof) (Class I, Division 1 1 HS Grouos C&Dl Interior LED Low Profile Lighting Fixture, 20W (Class I, Division 2 Groups 2 LED2 A-Dl with Exterior Liaht Switch (Non Ex, lesion-Proof) 2 LS2 Unnrade Liaht Switch to Exolosion Proof /Class I, Division 1 Groups C&Dl Emergency Local Alarm System, Explosion-Proof Switch (Class I, Division 1 ELAE 1 Grouos C&Dl Non Exolosion-Proof Alamn Additional Emergency Local Alamn Switch (Class I, Division 1 Groups 1 ELM C&Dl 1 LC1 Load Center, Sinale Phase /Nema 3R) 1 CCP Custom Color (Excludes Safetv Colors) 1 TTU2 Two-Tone Finish 1092 MAX INT/EXT Soecial Coatina -Maxshell (Interior & Exterior) 240 CTU Coal Tar Undercoat I Per Sa. Ft) 240 FRC Florida Roof Coat, Reauired in Hurricane Zone ( Per Sa. Fil Upgrade Roll up Door to be installed in factory ( Additional freight charges 2 TRiTEM1071 may apply) FLSS Florida State Seal Total Purchase Price (3) Buildings $277,297.00 Estimated Freight $13.630.50 Total Purchase Price $290.927.60 Building configuration notes: ITEM A BUILDINGS 1.) H3 Occupancy for storage only of fiammable liquids (1A Flammables not allowed) 2.) Class I Div 2 min. Interior/ General Purpose Exterior 3.) Building will meet wind load requirements 4.) Door threshold height to be approved by end user before production 5.) Ducting, if required, to be supplied and installed on site by others 6.) Backup power to be supplied and installed on site by others 7.) Due to the ventilation requirements in hazardous material areas, Safety Storage cannot guarantee humidity control/condensation build up. Pre-conditioned air, if required, must be supplied and installed on site by others. 8.) Egress door may be required by the LAHJ and must be supplied and installed on site by others. SSI can supply at an additional cost 9.) Shelving will have 1.5" lip Exceptions: 1.) Any additional requirements, not specifically identified in this quote, will be the sole responsibility of the end user BID #18/19-17, Household Hazardous Waste Buildings SCOPE OF SERVICES (As provided by Environmental Services Department) Clay County is located in Northeast Florida just south of Jacksonville. The County's household hazardous waste program is operated by the Department of Enviromnental Services. The County utilizes three (3) Hazardous Waste Storage Buildings to store residential household hazardous wastes until it is ready for shipment. These storage buildings are integrated into the main building. The intent of this Bid is to procure new hazmat storage buildings to replace the existing buildings. Contractor's Responsibilitv: The Contractor will manufacture and deliver three (3) new portable hazardous materials storage buildings that adhere to the specifications provided by the County. The County will be responsible for installation of the buildings aud power connection. The portable buildings must fit in the existing footprint and must align with openings in the pennanent household hazardous waste (HHW) building. It shall be the responsibility of the Contractor to ensure that the new storage buildings will properly fit in the area provided. It is strongly recomme11ded that the Contractor 1·isit the site mu/ confirm all measurements. All systems (doors, lights, exhaust fans, fire safety equipment, shelves, etc.) shall be properly tested prior to delivery to the County. The Contractor will deliver the units to the County's site at 3545 Rosemary Hill Road, Green Cove Springs, FL 32043. No less than 15 days prior to delivery, the Contractor shall: (I) notify the County of the scheduled delivery date, (2) provide the gross weight of each building, and (3) deliver a schematic of each building that includes the lifting points for unloading and moving. The existing buildings will be removed by the County's landfill maintenance Contractor. Specifications (Hazmat Storage Buildings) • Three (3) New Portable Hazardous Materials Storage Buildings • Manufacture and deliver buildings only • Must meet EPA, NFPA 30 and OSHA standards for storage of household hazardous wastes • Buildings must fit into existing footprint and must align with building openings • Proper alignment includes floor height level with permanent building and door openings between building support girders. (Height of floor is I 0.5'' from concrete pad) • Building Size (length x width x height) shall be equal to or larger than cul'l'ent units • Exterior (maximum) 24' x 10' x 10· • Existing units size (exterior)-22'5" x 8'6" x 8' 15 • Current building measurements are for reference only. Contractor is responsible for new buildings proper fit. • Roof must slope front (door side) to back and away from permanent building • All welded heavy gauge steel construction • Exterior walls -12 gauge minimum • Interior walls -20 gauge minimum • Floor grates -10 gauge minimum • Sump containment area•· IO gauge minimum • Tie down pads at four (4) corners compliant with anchoring requirements of State of Florida Building Codes and Wind Codes for Eastern Clay County. • Forklift pockets for lifting and moving building • Exterior Coating • Walls and roof painted the color selected by the County o Contractor will provide County with color options • Weather and chemical resistant coating. including on underside of building • Provide touch up paint of same color (one half gallon minimum) • Four (4) hour fire rating • Separation walls dividing each unit, including sump floor • Lockable roll up doors for each room (6'8" minimum height) • Low profile door threshold (10 gauge steel), each door. Must extend to connect flush with floor of pennanent building. ( current threshold extends 2.5") • Secondary Containment sump in floor 750 gallon minimum • Galvanized steel grate flooring with removable sump access grate • Explosion proof exhaust fan in each room • Explosion proof light(s) in each room • Automatic Fire Suppression System for each room • Chemical fire suppression for five of six rooms (standard ABC dry chemical) • Water suppression in oxidizer room (1/3 sized room, East side of Building 3) • Power connection locations • Building#I mount box at comer of unit on the East side at the South end • Building #2 -mount box at center of unit on the South end • Building #3 -mount box at center of unit on the West end • Interior Coating • Walls and shelving will be anti-corrosive resin coated to protect against chemical corrosion 16 • Walls and shelves painted bright white in color • Adjustable and removable shelving for each room • Mounting brackets, shelves and hardware shall be of the same design and size for universal fit within all three buildings • Mounting hardware and shelving shall be installed on the rear and side walls of each room (3 walls) o Brackets must allow shelves to be mounted at l 6" above floor, 16" below ceiling and at any height in between with adjustment intervals of no larger than 2" o Shelves will have a minimum depth of 18'' o Shelving will extend end to end ( corner to corner) on each wall o Must install four (4) vertical shelves each wall • Shelves will be of a solid surface and will have a leak proof containment lip{] S' minimum) on all four sides to contain spilled liquids • Corrosion resistant, fitted shelf liners will be supplied for each shelf • Buildings #l & #2 (East (back) side of HHW building) • Each Building will be divided into two (2) rooms of equal size • Door opening in center of each room o 6' wide roll up door for each room o Tag board holders (l O¾" x l O ¾") adjacent to each door • Building #3 (South (right) side of HHW building) • Divided into two (2) rooms of unequal size o East side (left side when facing front) shall be l/3 of total size (oxidizer room) o West side (right side when facing front) shall be 213 of total size • Door opening in center of each room o 5' wide roll up door-East room (1/3) o 6' wide roll up door -West room (2/3) o Tag board holders (IO¾'' x 10 ¾'") mljacent to each door • Contractor's Warranty • Structure and systems --IO year minimum • Chemical resistant coatings and paint - 3 year minimum Bidders may be requested to provide a schedule of values at time of bid review. 17 Bid Invitations Sent to the Following Compa nies for : Bid #18/19-17, Household Hazardous Waste Buildings U.S. Chemical Storage Chem-Stor ECP Environmental Compliance Products Safety Storage, Inc. Fr e edom Steel Buildings DJ Haycook Con struction Co. MCC Development, Inc. Handi Hous e of Orange Park LO Buildings HC Buildings Southern Structures, Inc. Cooks Portable Warehouses Kee n 's Buildings Thomas May Construction Company Core Construction Company Construction Journal Construct Connect Dodge Data & Analytics Mid State Builders Exchange, Inc. Prime Vendor, Inc NAPC Data Specialist Conner Se rvices, LLC DOI Southeast Dodge Data & Analyt ics Ide al Sales Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Finance and Audit Committee DATE: 5/10/2019 FROM: Administrative and Contractual Services SUBJECT: Approval of the Memorandum of Agreement with the Florida Department of Veterans' Affairs, formalizing the Interlocal relationship as an authorized user of FDVA's VetraSpec technology, for a term to continue until terminated by either party. Funding Source: Not Applicable (T. Nagle) AGENDA ITEM TYPE: BACKGROUND INFORMATION: This will assist Clay County Veterans Services with tracking veteran's claims and assist veterans and eligible dependents in accessing all benefits to which they are entitled. Is Funding Required (Yes/No): No If Yes, Was the item budgeted (Yes\No\N/A): No Funding Source: Not Applicable Sole Source (Yes\No): No Advanced Payment (Yes\No): No Planning Requirements: Public Hearing Required (Yes\No): No Hearing Type: Initiated By: Not Applicable ATTACHMENTS: Description ---- CLAY COUNTY AGREEMENT/CONlRACT# Memorandum of Agreement between Florida Department of Veterans' Affairs and Clay County on behalf of the County Veteran's Service Officer Table of Contents 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Ba ckg round . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Roles and Responsibilities .............................................................. 3 4.1 FDVA shall: .....................................................................................................3 4.2 County shall: ..................................................................................................3 5. Terms of the Agreement and Period of Effectiveness ....................... 5 6. FDVA Point of Contact ................................................................... 5 7. Execution of Agreement ................................................................ 6 Authority and Reference .............I ••• I I •• I ••• I I ••• I I •• I •• 11 •• I I •• I I I I •• I I •• I I •• I ••• I I ••• I 6I Acronyms I •• I I. 11 •••••••• I I. 11 •• 11 •• I I •• I •• I I •• I I ••••••• I ••• 11 •••••• I ••• I •• 111 I •• I I •• I I •• I •••• I ••• I 7I Memorandum of Agreement Between Florida Department of Veterans' Affairs (FDVA) and Clay County Veteran's Service Office 1. Purpose In order to create greater efficiencies through cooperation as contemplated by Section 163.01, Florida Statutes, this Memorandum of Agreement (herein referred to as "MOA'') establishes and formalizes the interlocal relationship between the State of Florida Department of Veterans' Affairs (herein referred to as "FDVA'') and ~County, a political subdivision of the State of Florida, on behalf of the County Veteran's Service Officer (herein referred to as "the County'') under Section 292.11, Florida Statutes, as an authorized user of FDVA's VetraSpec technology acquired through its contract with DataSpec, Inc., Contract No. FDVA-ITN-15-004N, to manage veterans' case files and records in furtherance of FDVA's mission to advocate with purpose and passion for Florida veterans and link them to superior services, benefits and support. In this MOA, FDVA and the County will collectively be known as "the Parties." 2. Background VetraSpec is a secure, web-based application that FDVA has purchased and implemented as a solution to track veterans' claims, and assist veterans and eligible dependents in accessing all benefits to which they may be entitled. FDVA makes this application available for authorized users of FDVA and Florida County Veteran Service Officers (herein referred to as "CVSOs'') that have paid, directly to DataSpec, Inc., for the licenses to receive services. Qualifying CVSOs become authorized users through the execution of this MOA and in compliance with the terms and conditions of this agreement. FDVA, in its sole discretion, shall determine if a person qualifies as an authorized user of the FDVA VetraSpec application (herein referred to as "VetraSpec''). 3. Scope The Parties to this MOA agree to be bound by its terms and conditions governing access to VetraSpec by authorized users. Authorized users of VetraSpec shall be responsible for the confidentiality of veteran records and shall not access records of veterans for whom the authorized user does not have specific, written authorization to access on behalf of the veteran. This MOA applies to all FDVA's VetraSpec authorized users that may include CVSOs; system administrators; and system users. No person shall have access to VetraSpec without first being approved by FDVA, in writing, as an authorized user. Authorized users shall operate, at all times, in compliance with the terms and conditions of this MOA and at the express direction of the FDVA. 2 Memorandum of Agreement Between Florida Department of Veterans' Affairs (FDVA) and Clay County Veteran's Service Office 4. Roles and Responsibilities 4.1 FDVA shall: 4.1.1 Approve qualifying persons as authorized users and coordinate access to VetraSpec for intended use under this MOA. 4.1.2 Monitor usage of VetraSpec by authorized users through compliance checks and quality assurance measures, including conducting audits of authorized user VetraSpec credentials and written authorizations from veterans allowing authorized users to access veteran records. 4.1.3 Ensure all authorized users receive training by DataSpec, Inc., for use of VetraSpec prior to gaining rights and credentials to access and work within the application, and partake in additional training should VetraSpec upgrades so require. 4.1.4 Freely cooperate with authorities legally empowered to investigate, audit, or otherwise review the procedures, data and conduct including the operation and its authorized users under the licensed database held by FDVA. 4.1.5 Report any violation of intended use of accessing VetraSpec under the licensed FDVA database. All violations shall be promptly reported to FDVA and DataSpec, Inc. 4.1.6 Revoke authorized user access to the FDVA VetraSpec database for those whom, in the sole discretion of FDVA, have been deemed to have violated the intended use of the application. 4.1.7 All electronic discharges that are in the possession of FDVA will be maintained in VetraSpec under the "FDVA" office code. 4.2 County shall: 4.2.1 Pay the annual fee per user in the amount of $399.00, or subsequently assessed current rate, to DataSpec, Inc. All payments are billed annually on anniversary of signing up for the system and are due and payable to DataSpec, Inc., in accordance with Chapter 218, Part VII, Florida Statutes. 4.2.2 Provide the resources necessary, including computer hardware, software, and personnel support, to effectively operate VetraSpec by each authorized user. 4.2.3 Allow only accredited County Veteran' Service Officers (''CVSOs'') under Section 292.11, Florida Statutes, representing or assisting veterans and eligible dependents within the authorized user's office, to access and use VetraSpec. For purposes of this MOA, "authorized user" means any person appointed or designated by FDVA, in writing, to act on behalf of, or in place of a veteran or veteran's eligible dependent. 3 Memorandum of Agreement Between Florida Department of Veterans' Affairs (FDVA) and Clay County Veteran's Service Office 4.2.4 Access or view only files within the County as authorized by the veteran or eligible dependent, or as required and essential to assisting the veteran or eligible dependent in accessing benefits to which they may be entitled. 4.2.S Cooperate fully in the mandate that: if a veteran or eligible dependent chooses representation outside his or her home county, the home county office will not access or view that veteran's file unless subsequently authorized to do so, in writing, by the veteran or veteran's eligible dependent which authority can only be granted when the power granted supersedes and replaces the earlier authorization. 4.2.6 Ensure that all inquiries and use of veterans' records are \\For Official Use Only." To verify that all access to VetraSpec is \\For Official Use Only," authorized users must comply with the following requirements: (a) Have and keep on file written authorization for release of information, including written appointment of authorized agent, if applicable, executed by the veteran or eligible dependent for whom information is being accessed. (b) Ensure that all work and inquiries pertaining to a veteran's file shall be limited to, and shall not exceed, the scope of the specific purpose in assisting the veteran and eligible dependent. (c) Access records of discharges from the US Armed Forces in the possession of FDVA that are not part of an active claim, provided that the authorized user accessing the discharge record has authorization in accordance with section 4.2.6(a). (d) Ensure that all discharge records in the possession of FDVA will not be viewed outside the scope of official business. (e) Obtain and review a copy of the release of a discharge to verify that a veteran has authorized access to the record, or if the veteran is deceased, that a qualified official has signed on behalf of the veteran or dependent. 4.2.7 Abide by the existing policies and instructions, as listed in Appendix A to this MOA, for supporting the transmission, use, release, or storage of veterans' and dependents' information. 4.2.8 The Parties acknowledge that VetraSpec facilitates access to data that is protected by State and Federal law. Therefore, strict adherence to the terms and conditions of this MOA are of paramount importance for both Parties to achieve legal compliance. Recognizing that all information in the VetraSpec database is subject to the public records laws of the State of Florida, protecting the privacy of veterans and dependents is imperative. Information obtained under this agreement shall only be disclosed to persons to whom disclosure is authorized under Florida and Federal law. CVSOs shall not use or disclose any information received from VetraSpec under this MOA that is identified as confidential or exempt from public disclosure in accordance 4 Memorandum of Agreement Between Florida Department of Veterans' Affairs (FDVA) and Clay County Veteran's Service Office with Chapter 119 and Section 282.318, Florida Statutes, and HIPAA Privacy and Security Rules. Disclosure is restricted to authorized intended uses to assist the veteran or eligible dependent. No information may be disclosed outside these limits without written consent from the veteran and eligible dependents. Any person who willfully and knowingly violates any of the provisions of this section may be charged with noncriminal infractions up to a third degree felonies as provided in Section 119.10, Florida Statutes, and subject to penalties found in Chapter 775, Florida Statutes. In addition, any person who knowingly discloses any information in violation of HIPAA may be subject to criminal sanctions and civil liability. The duty of each CVSO, to maintain confidentiality of information under this section, continues and survives beyond the term of this MOA or separation from employment by the County. 4.2.9 Information from veterans' files will only be used to assist veterans and eligible dependents. At no time will any CVSO use information for any other purposes including but not limited to: • Recruitment for membership to organizations, including veterans' organizations. • Solicitation for firms, whether "for profit'' or "not for profit" organizations, seeking to do business with veterans. • Listing of names for inclusion or inscription on monuments or memorials. 4.2.10 All requests for customization of access to VetraSpec or its reporting or other capabilities shall be submitted to FDVA, in writing, for consideration. FDVA will determine if such customization is beneficial to the State, and if approved, FDVA will submit the request to DataSpec, Inc. s. Terms of the Agreement and Period of Effectiveness This MOA will be effective on the date last signed below by the Parties, and will be reviewed annually by the signatories or successors. This MOA shall remain in effect until it is modified or terminated by the Parties. Minor modifications may be made when mutually agreed upon by written addendum, signed by FDVA and the County. Either party, upon 90 days' advance written notice, may terminate this MOA. FDVA may terminate immediately, if, in FDVA's sole discretion, it determines that the County has failed to comply with the terms and conditions of this MOA. 6. FDVA Point of Contact Clay County Point of Contact Alene Tarter Name: Kimberley Glover FDVA Director, Benefits and Assistance Title: Veteran's Services Officer 727-319-7421 Phone: 904-269-6326 tartere@fdva.state.fl.us E-mail: Kimberley.Glover@claycountygov ,(.o HI 5 Memorandwn of Agreement Between Florida Department of Veterans' Affairs (FDVA) and Clay County Veteran's Service Office 7. Execution of Agreement The Parties have taken all actions necessary and secured all levels of approval to enter into this MOA. Each signatory has legal authority to bind the public entity it represents and hereby signs to memorialize accord with all terms and conditions. Clay County Florida Department A political subdivision of the State of Florida of Veterans' Affairs By: Mike Cella, Chairman (printed name) Colonel Alfred D. Carter, US Army Ret. Deputy Executive Director Signature:____________ Signature:___________ Date: _____________ Date: _____________ ATTEST: By: Lorin L. Mock. Acting County Manager and Reviewed as to form and legal sufficiency: Clerk to the Board (printed name) By:------------- (Signature) Date: ____________ Reviewed as to form and legal sufficiency: 6 APPENDIX A Authority and Reference 5 U.S.C. 552, Freedom of Information Act 38 U.S.C. 5902, Recognition of Representatives of Organizations 45 Code of Federal Regulations, HIPAA Privacy Privacy Act of 1974 as amended by 5 U.S.C. 552a Section 1106 (A), Social Security Act Florida Administrative Code, Chapter SSA-3.009, Accreditation to the United States Department of Veterans Affairs Florida Statutes 119.10, Public Records Florida Statutes 292.11, County and City Veteran Service Officer Florida Statutes 775, General Penalties Acronyms HIPAA Health Insurance Portability and Accountability Act MOA Memorandum of Agreement FDVA Florida Department of Veterans Affairs POC Point of Contact us United States cvso County Veteran Service Officer 7 Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Finance and Audit Committee DATE: 5/1/2019 FROM: Karen Thomas, Administrative & Contractual Services SUBJECT: Approval to post notice of intent and to award RFP No. 18/19-2, Various Equipment and Amenities for Parks and Playgrounds, to multiple companies for a term of three years. All bids are based upon the % discount offered for products and service. This bid is also a means for qualifying vendors for Ball Park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis based on discount pricing.Approval will be effective after 72 hour bid protest period has expired. Submittals are available for review in the Purchasing Department. Funding Source: 001-3201-546100 (General Fund - Parks & Rec - Repairs & Maint) (J. Householder) AGENDA ITEM TYPE: BACKGROUND INFORMATION: Bid provides playground equipment, amenities and lighting for all parks in Clay County as needed and other entities wishing to utilize this RFP. Pricing will be utilized for repairing, adding additional equipment, and new park projects. Is Funding Required (Yes/No): Yes If Yes, Was the item budgeted (Yes\No\N/A): Yes Funding Source: General Fund / Parks & Recreation / Repairs and Maintenance Account # 001-3201-546100 Amount - Varies by project Sole Source (Yes\No): No Advanced Payment (Yes\No): No ATTACHMENTS: Description SURFACING Distributor Manufacturer Surfacing Discount Allowed from MRSP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Bliss Products (904) 751-0830 dewitt@blissproducts.com Dura Play Safety Surface Systems 5% Priced Per Job Yes Request Quote In Catalog Fibar Playground Safety Surfaces 10% Priced Per Job Yes Request Quote On Website First Coast Mulch Mulch, Erosion Control 5% Priced Per Job www.firstcoastmulch.com Request Quote On Website Forestry Resources Mulches, Sod, Fertilizer, Sod 5% Priced Per Job www.gomulch.com Request Quote On Website Innovative Mulching Mulch 10% Priced Per Job www.innovativemulching.com Request Quote On Website PlayGuard Surfacing for Patios, Playgrounds, Play Spaces 5% Priced Per Job www.playguardsurfacing.com Request Quote On Website Playsafe Surfacing Rubber Surface for playgrounds, play spaces 5% Priced Per Job Yes Request Quote On Website Premier Tennis Courts Tennis Court Surfacing 5% Priced Per Job No Website Request Quote No Website Rubber Recycling/Playsafer Recylced Rubber Mulch, Map 5% Priced Per Job Yes Request Quote On Website Sand Lock Sandbox Sandboxes, Accessories, covers 5% Priced Per Job www.sandlock.com Request Quote On Website Shaw Industries Carpet, Hardwood, Tile ect 5% Priced Per Job www.shawfloors.com Request Quote On Website Stewart Tennis Courts Tennis, Bocce, Basketball, Shuffleboard Courts Priced Per Job Priced Per Job www.stewarttennis.com Request Quote On Website Wood Mulch Products Mulch 5% Priced Per Job www.woodmulchproducts.com Request Quote On Website Tennis Unlimited Tennis Court Sufacing Priced per job Priced Per Job N/A Request Quote On Website X-Grass Syntheitc Turf 5% Priced Per Job Yes Request Quote On Website Advanced Recreational Concepts (321) 775-0600 info@arcflorida.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Rubber Designs Rubber Surface for playgrounds, play spaces 5% 5% Yes Digital Copy Digital Copy Boiling Forest Mulch 4 You and Inovative Mulch 5% 75% No Digital Copy Digital Copy Polysoft Surfacing Recreation Surfacing 2% 75% Yes Digital Copy Digital Copy Playspace Services Installation Services N/A Per Discount Catalog Yes Digital Copy Digital Copy Miracle Recreation/True North (407) 883-8463 Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty No Fault Rubber Surface for playgrounds, play 5% Priced Per Job Yes Yes Yes IMC-Nuplay Rubber Mulch Nuggets 10% Priced Per Job www.imcoutdoorliving.com Yes Yes Swartz Associates (813)-949-2288 mail@ParkPlayUSA.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Cowart Mulch Engineered Wood Mulch 10% 60% Flyer Attached to Flyer Yes International Mulch Co Recylced Rubber Mulch, 6% 50% Flyer Attached to Flyer Yes USA Mulch Natural Mulch 10% 60% Flyer Attached to Flyer Yes` Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playmore West, Inc (239) 791-2400 info@playmoreonline.com Playmore Surfacing Wood, Rubber Mulch 5% varies-see price list Flyer Included in Flyer Yes Robertson Industries, Inc/Totturf Safety Surfacing (954) 882-1366 ghaab@totturf.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Robertson Industries Turf, Rubber Tiles, Aquatic Surfacing 10% Included in Discount Yes Yes Yes Playspace Services (321) 775-0600 info@playspaceservices.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Boiling Forest Mulch 4 You and Inovative Mulch Mulch Installation N/A 75% Digital Copy Digital Copy Digital Copy Polysoft Surfacing Recreation Surfacing Installation N/A 75% Digital Copy Digital Copy Digital Copy Play Space Services Surfacing Installation N/A Per Discount Catalog Yes Yes Yes Rubber Designs Rubber Surface for playgrounds, play spaces Installation 5% or per discount catalog 5% Digital Copy Digital Copy Digital Copy Playworx Playsets LLC (386) 697-4426 Tracy@playworx.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty No Fault Safety Surfacing Rubber Turf 2% Included n SF Price Flyer No Yes Shawgrass Syntheitc Turf 2% Included in SF Price Flyer No Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Vitriturf Cushioned Flooring 2% Included in SF Price Yes Yes Yes Rep Services, Inc (407) 831-9658 nathan@repservices.com No Fault Rubber Mulch, Synthetic Turf 2% 50% Yes Yes Yes Irvine Wood Recovery Engineered Wood Mulch 2% 50% Flyer Yes Yes Robertson Recreatonal Surfaces Rubber Synthetic Turf 2% Included in SF Price Flyer Yes Yes Forever Lawn Playground Grass 2% Included in SF Price Flyer Yes Yes Miller Recreation Equipment & Design (941) 792-4580 MRECFLA@TAMPABAY.RR.COM Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Fibar Wear Mats, Acces Ramps, Engineered 5% 27% Yes No Yes Foerverlawn Sythetic Grass 5% 27% www.foerverlawn.com No No No Fault Playground and Athletic Surfaces 5% N/A Yes No No I SHELTERS, SHADES & STRUCTURES Distributor Manufacturer Shelters, Shades, Structures Discount Allowed from MRSP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Alterations & More Bliss Products (904) 751-0830 dewitt@blissproducts.com Fabrics for shade structues, canopies, and pads 5% Priced Per Job N/A Request Quote N/A CemRock Artificial Environments 5% Priced Per Job www.cemrock.com Request Quote On Website G & A Manufacturing Inc. Ramps, Stars, Gangways, Docks, Railings 5% Priced Per Job www.gamanufacturing.com Request Quote On Website Newsome Fence Fencing 5% Priced Per Job www.newsomfence.com Request Quote On Website Outback Shelters Shade Structures 5% Priced Per Job N/A Yes On Price Sheet RCP Shelters Pavilions, Gazebos, Fabric Shades, Concessions 5% Priced Per Job www.rcpshelters.com Request Quote On Website Shade America Canopies 10% Priced Per Job Yes Request Quote In Catolog Spiral Court King Spiral Stairs 5% Priced Per Job www.spiralstarsofamerica.com Request Quote On Website Structural Wood Systems Structural Glued Laminated Timber 5% Priced Per Job www.structuralwood.com Request Quote On Website Superior Shade Umbrellas, Canopies, Sails 5% Priced Per Job Yes Yes In Catolog Superior Shelters Shelters, Gazebos, Shades 5% Priced Per Job Yes Yes In Catolog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Advanced Recreational Concepts (321) 775-0600 info@arcflorida.com Superior Recreation Shades Domes, Umbrellas, Shades 5% 49% Yes Digital Copy Digital Copy UltraShade Shade Canopies 5% 49% Yes Digital Copy Digital Copy Icon Shleters Shade Shelters, Entry Ways, 5% 69% Yes Digital Copy Digital Copy Superior Shelters Shelters, Gazebos, Shades 5% 69% Yes Digital Copy Digital Copy Cedar Forest Products Shelters, Bridges, Dugouts, Gazebos 5% 69% Yes Digital Copy Digital Copy Playspace Services Installation Services N/A Per Discount Catalog Yes Digital Copy Digital Copy Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Southern Recreation Inc (904) 387-4390 terry@southernrecreation.com SRP Shades Sails, Shades, Canopies 5% 30% Yes ?? Yes SRP Shelters Gazebos, Pavilions 5% 30% Yes ?? Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Miracle Recreation/True North (407) 883-8463 miracle@truenorthrecreation.com USA Shade Shades, Canopies 5% N/A Yes Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Custom Canopies, Inc (888) 776-3350 ext 1 chrs@customshadecanopies.com Custom Canopies Inc. Sails, Shades, Canopies 5% Priced Per Job Yes Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playmore West, Inc (239) 791-2400 info@playmoreonline.com USA Shade Shade Canopies 5% 180% Yes In Catalog Yes Classic Recreation Systems, Inc Shelters, 5% 75% Yes In Catalog Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty RCP Shelters, Inc (772) 288-3600 info@rcpshelters.com RCP Shelters Pavilions, Gazebos, Fabric Shades, Concessions, 15% 175% Yes Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Regal Contractors Inc (561) 906-7321 regalcontractorsinc@gmail.com Shade Systems Inc Installation of Shade Structures N/A 100% No No No Apollo Sunguard (Shade) Systems Inc Installation of Shade Structures N/A 110% No No No RCP Shelters Installation of Shade Structures N/A 150% No No No Poligon by Porter Installation of Shade Structures N/A 150% No No No Ball Fabrics Installation of Shade Structures N/A 110% No No No Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Top Line Recreation Inc. (386) 575-8359 info@toplinerec.com Shade Systems Inc Shades, Sails 5% 125% Yes In Catalog In Catolog Americana Building Products Gazebos, Walkway Covers, Roofs 5% 100% Yes In Catalog In Catolog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playspace Services (321) 775-0600 info@playspaceservices.com Cedar Forest Products Shelters, Bridges, Dugouts, Gazebos Installation 5% 69% Digital Copy Digital Copy Digital Copy Playworx Playsets LLC (386) 697-4426 Tracy@playworx.com SRP Shades Sails, Shades, Canopies Installation N/A 49% Digital Copy Digital Copy Digital Copy Ultra Shades Sails, Shades, Canopies Installation N/A 49% Digital Copy Digital Copy Digital Copy Icon Shleters Shade Shelters, Entry Ways, Installation N/A 69% Digital Copy Digital Copy Digital Copy SRP Shelters Gazebos, Pavilions Installation N/A 69% Digital Copy Digital Copy Digital Copy Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty USA Shade Shade Canopies 5% 75% No No No Rep Services, Inc (407) 831-9658 nathan@repservices.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Skyways Shade Sails, Shades, Canopies 2% 75% Yes Yes Yes USA Shade Sails, Shades, Canopies 2% 75% Yes Yes Yes Poligon/Parasol Shade Gazebos, Shelters, Canopies 2% 75% Yes Yes Yes Porter/Poligon Shelters Gazebos, Shelters, Canopies 2% 75% Yes Yes Yes Miller Recreation Equipment & Design (941) 792- 4580 MRECFLA@TAMPABAY.RR.COM Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty USA Shade Shade Canopies 5% N/A Yes No No RCP Shelters Pavilions, Gazebos, Fabric Shades, Concessions 5% N/A No No No Coverworx Shelters Pavilions, Gazebos, Shelters 5% N/A Yes No No SITE AMENITIES & FURNISHINGS Distributor Manufacturer Site Amenities & Furnishings Discount Allowed from MRSP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Bliss Products (904) 751-0830 dewitt@blissproducts.com Dero Bike Racks 5% Priced Per Job Yes Yes In Catalog Doty & Sons Concrete Concrete Containers, Benches, Tables 5% Priced Per Job www.dotyconcrete.com Request Quote On Website Forte Plastic Fixtures, Trash Cans, ect 5% Priced Per Job www.forteproducts.com Request Quote Yes GT Grandstands Bleachers 10% Priced Per Job Yes Yes On Website Jayhawk Plastics/FROG Tables, Benches, Trash Cans 10% 35% Yes Yes In Catalog Kay Park Bleachers, Bike Racks, Barriers, Stages, Fountains, ect 5% Priced Per Job www.kaypark.com Request Quote On Website Kings River Casting Benches, Receptacles, Tables, Bike Racks 5% Priced Per Job www.kingsrivercasting.co m Request Quote On Website Most Dependable Fountains Fountains 5% Priced Per Job Yes Request Quote In Catalog Murdock Fountains Fountains 5% Priced Per Job Yes Yes In Catalog Ultra Site Benches, Receptacles, Tables, 5% Priced Per Job Yes Yes In Catalog Wausau International Banches, Tables, Trash Cans, ect 5% Priced Per Job www.wausaumade.com Request Quote On Website Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Advanced Recreational Concepts (321) 775-0600 info@arcflorida.com Superior Recreational Site Amenities Tables, Benches, Trash Cans 2% 75% Yes Digital Copy Digital Copy Bison Ameneties Tables, Benches, Bike Racks, Trash Cans 2% 75% Yes Digital Copy Digistal Copy Playcraft Amenities Tables, Benches, Bike Racks, Trash Cans 2% 75% Yes Digital Copy Digital Copy Ultrasite Amenities Tables, Benches, Bike Racks, Trash Cans 2% 75% Yes Digital Copy Digital Copy Park Catalog Amenities Tables, Benches, Bike Racks, Trash Cans 2% 75% No Digital Copy Digital Copy Paris Amenities Tables, Benches, Bike Racks, Trash Cans 2% 75% Yes Digital Copy Digital Copy Kay Park Bleachers, Bike Racks, Barriers, Stages, Fountains, ect 2% 75% Yes Digital Copy Digital Copy Playspace Services Installation Services N/A Per Discount Catalog Yes Digital Copy Digital Copy Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Southern Recreation Inc (904) 387-4390 terry@southernrecreation.com SRP Amenities Tables, Benches, Bike, Racks, Trash Cans 5% 30% Yes ?? Yes Kay Park Bleachers, Bike Racks, Barriers, Stages, Fountains, ect 5% 30% Yes ?? Yes Ultra Site Tables, Benches, Bike Racks, Trash Cans 5% 30% Yes ?? Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Miracle Recreation/True North (407) 883-8463 miracle@truenorthrecreation.com Wabash Valley Tables, Benches, Trash Cans Tier Priced Per Job www.wabashvalley.com Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Recycled Plastic Factory (941) 473-1618 cgoogins@recycledplasticfactory.com Recycled Plastic Factory Recycled benches, tables, lumber, Parking Curbs 25% 15% N/A Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Wausau Tile, Inc (863) 816-8070 kprecast@msn.com Wausau Tile, Inc Planters, Benches, Bike Racks 10% N/A Yes Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Swartz Associates (813)-949-2288 mail@ParkPlayUSA.com MyTCoat Tables, Benches, Bike Racks, Trash Cans 8% 35% Yes In Catalog Yes Frog Furnishings Tables Benches, Trash Cans, Kiosks 8% 35% Yes In Catalog Yes Kay Park Bleachers, Bike Racks, Barriers, Stages, Fountains, ect 6% 35% Yes In Catalog Yes SiteScapes Inc. Tables, Benches, Trash Cans, Bike Racks 5% 35% Yes In Catalog Yes Superior Site Amenities Tables, Benches, Bike, Racks, Trash Cans 8% 35% Yes In Catalog Yes Vista Furnishings Benches, Trash Cans, Bike Racks 6% 35% Yes In Catalog Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Dominica Recreation Products (800) 432-0162 robd@gametime.com Ultrasite Furnishings Benches, Bike Racks, Tables, 5% 30% Yes No Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playmore West, Inc (239) 791-2400 info@playmoreonline.com Wabash Valley Tables, Benches, Trash Cans 5% 32% Yes In Catalog Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Regal Contractors Inc (561) 906-7321 regalcontractorsinc@gmail.com Ultrasite Site Furnishing Installation N/A 45% No No No Dumor Site Furnishings Site Furnishing Installation N/A 75% No No No Wausau Tile, Inc Site Furnishing Installation N/A 100% No No No Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Top Line Recreation Inc. (386) 575-8359 info@toplinerec.com Premier Polysteel Benches, Tables, Trash Cans, Bike Racks 5% 45% Yes In Catalog In Catalog Patterson-Williams Benches, Tables, 5% 45% Yes In Catalog In Catalog Frog Furnishings Benches, Tables, Trash Cans, 5% 45% Yes In Catalog In Catalog MyTCoat Benches, Tables, Trash Cans 5% 45% Yes In Catalog In Catalog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playspace Services (321) 775-0600 info@playspaceservices.com SRP Amenities Tables, Benches, Bike, Racks, Trash Cans Installation N/A 75% Digital Copy Digital Copy Digital Copy Bison Ameneties Tables, Benches, Bike Racks, Trash Cans Installation N/A 75% Digital Copy Digital Copy Digital Copy Playcraft Amenities Tables, Benches, Bike Racks, Trash Cans Installation N/A 75% Digital Copy Digital Copy Digital Copy Ultrasite Amenities Tables, Benches, Bike Racks, Trash Cans Installation N/A 75% Digital Copy Digital Copy Digital Copy Park Catalog/Highlands Amenities Tables, Benches, Bike Racks, Trash Cans Installation N/A 75% Digital Copy Digital Copy Digital Copy Kay Park Bleachers, Bike Racks, Barriers, Stages, Fountains, Installation N/A N/A Digital Copy Digital Copy Digital Copy Paris Amenities Tables, Benches, Bike Racks, Trash Cans Installation N/A 75% Digital Copy Digital Copy Digital Copy Playworx Playsets LLC (386) 697-4426 Tracy@playworx.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Wabash Valley Tables, Benches, Trash Cans 2.50% 50% Yes In Catalog Yes Rep Services, Inc (407) 831-9658 nathan@repservices.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Dumor Site Furnishings Benches, Trash Cans, Bike Racks, Tables 2% 50% Yes Yes Yes Anova Site Furnishings Tables Benches, Trash Cans, 2% 50% Yes Yes Yes Miller Recreation Equipment & Design (941) 792- 4580 MRECFLA@TAMPABAY.RR.COM Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Murdock Fountains Water Fountains 5% 27% Yes No No Wabash Valley Tables, Benches, Trash Cans 5% 27% Yes In Catalog In Catalog Recycle Design Benches 5% 27% Yes No No Kay Park Bleachers, Bike Racks, Barriers, Stages, Fountains, Installation 5% 27% Yes No Yes Madrax Bike Lockers 5% 27% www.madrax.com No No I PLAYGROUND EQUIPMENT & STRUCTURES Distributor Manufacturer Playground Equipment & Structures Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Bliss Products (904) 751-0830 dewitt@blissproducts.com Action Play Boarders, Ramp Systems, Mats 5% Priced Per Job Yes Yes Varies Per Product Bark Park Dog Park Products 8% 35% Yes Yes On Price Sheet Big Toys Interactive Playgrounds 5% 42% Yes Yes On Price Sheet Dynamo Playgrounds Innovative Playgrounds 10% Priced Per Job Yes Yes In Catalog Elephant Play Playgrounds 10% 35% Yes Yes In Catalog Everlast Climbing Climbing Walls, Jungle Gyms, ect 10% Priced Per Job Yes Request Quote In Catalog Free Note- Harmony Park Musical Play Equipment 5% Priced Per Job Yes Yes On Website Jensen Swings Playgournd Swings, Slides 5% Priced Per Job www.jensenswing.c om Yes On Price Sheet Play & Park Structures Playgrounds, Play Structures, Swings 10% 42% Yes Yes In Catalog Safety 1st Surfacing Expand, Install, Renew, Relocate 5% Priced Per Job www.safetyfirstplay ground.com Request Quote On Website Sportsplay Playground Equip 5% Priced Per Job Yes Yes In Catalog Ultra Play Playground Equip 5% Priced Per Job Yes Yes In Catalog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Advanced Recreational Concepts (321) 775-0600 info@arcflorida.com Playcraft Systems Playground Equip, Tables, Benches, Bike Racks 2% 37% Yes Digital Copy Digital Copy Dynamo Playgrounds Innovative Playgrounds 2% 37% Yes Digital Copy Digital Copy Free Note- Harmony Park Musical Play Equipment 2% 37% Yes Digital Copy Digital Copy ID Sculptures Climb and Play Structures 2% 60% www.idsculpture.co m Digital Copy Digital Copy Superior Recreation Playgrounds Playground Sets, 2% 37% Yes Digital Copy Digital Copy Childforms Playground Sets, 2% 37% Yes Digital Copy Digital Copy Ultra Play Playground Equip, Dog Parks 2% 37% Yes Digital Copy Digital Copy Sportsplay Playground Equip 3% 75% Yes Digital Copy Digital Copy Playspace Services Installation Services N/A Per Discount Catalog Yes Digital Copy Digital Copy Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Southern Recreation Inc (904) 387-4390 terry@southernrecreation.com SRP Playgrounds Playground, Fitness Equip 5% 30% Yes ?? Yes Sportsplay Playground Equipment, 5% 30% Yes In Catalog Yes Free Note- Harmony Park Musical Play Equipment 5% 30% Yes ?? Yes Ultra Play Playground Equip, Dog Parks 5% 30% Yes ?? Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Miracle Recreation/True North (407) 883-8463 miracle@truenorthrecreation.com Miracle/True North Playground Equipment, Tier System 30% Yes Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Swartz Associates (813)-949-2288 mail@ParkPlayUSA.com Henderson Recreation Playground Equipment, 6% 35% Yes In Catalog Yes Action Play Boarders, Ramp Systems, Mats 10% 35% Yes In Catalog Yes Big Toys Playgrounds, Musical, Benches 6% 35% Yes In Catalog Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Dominica Recreation Products (800) 432-0162 robd@gametime.com GameTime Playground Equipment, 10% 30% Yes In Catalog In Catalog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Rosette Equipment Co. (904) 271-0561 JRose20@comcast.net Kidstuff Playstystems Playground Equpment 18% 20% Yes No Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playmore West, Inc (239) 791-2400 info@playmoreonline.com Playworld Playground Equpment 5% 32% Yes No Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Dynamo Industries, Inc (613) 446-0030 ivan.hoffmann@dynamoplaygrounds.com Dynamo Playgrounds Playgrounds, 10% 45% Yes Yes Yes Dynamo Playgrounds Ropes Course 5% 42% Yes Yes Yes Dynamo Playgrounds Custom Products 5% 42% Yes Yes Yes Dynamo Playgrounds Nature Play 5% 42% Yes Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Regal Contractors Inc (561) 906-7321 regalcontractorsinc@gmail.com Landscape Structures Inc Playground Installation N/A 40% No No No Playcore Branded Products Playground Insallation N/A 45% No No No GameTime Playground Installation N/A 45% No No No Playworld Systems Inc Playground Installation N/A 40% No No No Henderson Recreation Playground Installation N/A 45% No No No Miracle Recreation Playground Installation N/A 45% No No No PlayPower/Little Tikes Playground Installation N/A 45% No No No Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Top Line Recreation Inc. (386) 575-8359 info@toplinerec.com BCI Burke Company Playground Equipment, 7% 34% Yes In Catalog In Catalog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playworx Playsets LLC (386) 697-4426 Tracy@playworx.com Little Tikes Playground Equipment, 10% 40% Yes In Catalog Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Rep Services, Inc (407) 831-9658 nathan@repservices.com Landscape Structures Inc Playground Equip 2% 50% Yes Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Miller Recreation Equipment & Design (941) 792-4580 MRECFLA@TAMPABAY.RR.COM Miracle Recreation Equip Playground Equip 8-20% 27% Yes Yes Yes Action Play Boarders, Ramp Systems, Mats 5% 25% No No No Elephant Play Playgrounds 5% 25% No No No Ultra Play Playground Equip, Dog Parks 5% 27% No No No UPC Parks Nature Play 5% 27% Yes No No Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playspace Services (321) 775-0600 info@playspaceservices.com Playcraft Systems Playground Equiment N/A 37% Digital Copy Digital Copy Digital Copy Dynamo Playgrounds Playground Equiment N/A 37% Digital Copy Digital Copy Digital Copy SRP R3 Recycled Playground Equiment N/A 37% Digital Copy Digital Copy Digital Copy Free Note- Harmony Park Musical Play Equipment N/A 37% Digital Copy Digital Copy Digital Copy ID Sculptures Climb and Play Structures N/A 60% Digital Copy Digital Copy Digital Copy Childforms Playground Sets, N/A 37% Digital Copy Digital Copy Digital Copy Ultra Play Playground Equip, Dog Parks N/A 37% Digital Copy Digital Copy Digital Copy SPLASH FEATURES, SKATE PARKS, OUTDOOR RECREATION Distributor Manufacturer Splash Features, Skate Parks, Outdoor Rec Discount Allowed from MRSP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Bliss Products (904) 751-0830 dewitt@blissproducts.com Compac Filtration Pads, Structures, Filtration 5% Priced Per Job Yes Request Quote Priced Per Job Spohn Ranch/True Ride Skate Park 5% Priced Per Job www.spohnranch.com Request Quote On Website Waterworks International Architectural Fountains, SplashPads 5% Priced Per Job www.waterworksinternational.com Request Quote On Website Zeager Wood Carpet, Synthetic Turf, 5% Priced Per Job Yes Request Quote On Website Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Advanced Recreational Concepts (321) 775-0600 info@arcflorida.com Water Splash Splash Parks 2% 75% Yes Digital Copy Digital Copy Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playspace Services (321) 775-0600 info@playspaceservices.com Water Splash Installation Splash Parks N/A 75% Digital Copy Digital Copy Digital Copy Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Rep Services, Inc (407) 831-9658 nathan@repservices.com Aquatix Splash Pads, Water Playgrounds 2% Included in price per SF Yes Yes Yes I SPORTS & FITNESS EQUIPMENT Distributor Manufacturer Sports & Fitness Equipment Discount Allowed from MRSP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Bliss Products (904) 751-0830 dewitt@blissproducts.com Athletic Connection Team Sports, Fitness, Facilties, 5% Priced Per Job Yes In Catalog In Catalog Burbank Netting Safety Netting 5% Priced Per Job www.burbanksportnets.com Yes On Website Colorado Time Systems Scoreboards 5% Priced Per Job Yes Request Quote On Website Electro-Mech Scoreboards 10% Priced Per Job www.electro-mech.com Yes On Website Gared Sports Team Sports, Fitness, Facilties, 10% Priced Per Job Yes Yes On Website GT Grandstands Bleachers, Press Boxes, Benches 10% Priced Per Job Yes Yes On Website JayPro Sports Team Sports, Fitness, Facilties, 5% Priced Per Job Yes On Website Varies Per Product Major Display Scoreboards Scoreboards 5% Priced Per Job www.majordisplay.com Yes On Website National Recreation Systems Bleachers, Benches 5% Priced Per Job Yes Yes In Catalog Pro Mats Netting, Padding, Equipment 5% Priced Per Job Yes Yes On Website Sandee Sod, Inc (Support Services) Priced per job Priced Per Job N/A Request Quote No Website Sportsplay Sports Equip 5% Priced Per Job Yes Yes In Catalog Ultra-Action Fitness Fitness Parks and Equiment 5% Priced Per Job Yes Yes In Catalog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Advanced Recreational Concepts (321) 775-0600 info@arcflorida.com Sportsplay Sports Equip 3% 75% Yes Digital Copy Digital Copy Bison Sports Sports Equip 3% 75% Yes Digital Copy Digital Copy Action Fit Outdoor Fitness Equip 3% 75% Yes Digital Copy Digital Copy Paris Outdoor Fitness Outdoor Fitness Equip 3% 75% Yes Digital Copy Digital Copy JayPro Sports Sports Equip 3% 75% Yes Digital Copy Digital Copy GT Grandstands Bleachers, Press Boxes, Benches 3% 75% Yes Digital Copy Digital Copy Playspace Services Installation Services N/A Per Discount Catalog Yes Digital Copy Digital Copy Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Swartz Associates (813)-949-2288 mail@ParkPlayUSA.com National Recreation Systems Bleachers, Benches 6% 35% Yes In Catalog Yes JayPro Sports Team Sports, Fitness, Facilties, 6% 35% Yes In Catalog Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Rosette Equipment Co. (904) 271-0561 jrose20@comcast.net Sportsplay Sports Equip 13% 20% No No ?? Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Greenfields Outdoor Fitness Inc (888) 315-9037 sam@greenfieldsfitness.com Greenfields Outdoor Fitness Outdoor Fitness Equipment 2% Varies Yes Yes In Catalog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Nevco Sports, LLC (618) 664-0360 sales@nevco.com Nevco Sports, LLC Scoreboards 10% Minimum Available upon Request No Yes Yes Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Regal Contractors Inc (561) 906-7321 regalcontractorsinc@gmail.com Greenfields Outdoor Fitness Fitness Equipment Installation N/A 40% No No No Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Musco Sports Lighting LLC (800) 825-6030 musco.contracts@musco.com Musco Sports Lighting Sports Lighting Prices as listed / No Yes Yes Top Line Recreation Inc. (386) 575-8359 info@toplinerec.com Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Burke Fitness Fitness Course 7% 34% Yes No In Catalog Patterson-Williams Athletics Sports Equip, Bleachers 5% 45% Yes In Catalog In Catalog Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Playspace Services (321) 775-0600 info@playspaceservices.com Sportsplay Sports Equip Installation N/A 75% Digital Copy Digital Copy Digital Copy Bison Sports Sports Equip Installation N/A 75% Digital Copy Digital Copy Digital Copy Action Fit Outdoor Fitness Equip Installation N/A 75% Digital Copy Digital Copy Digital Copy Paris Outdoor Fitness Outdoor Fitness Equip Installation N/A 75% Digital Copy Digital Copy Digital Copy JayPro Sports Team Sports, Fitness, Facilties, N/A 75% Digital Copy Digital Copy Digital Copy Playcraft Systems Fitness Equipment N/A 37% Digital Copy Digital Copy Digital Copy GT Grandstands Bleachers, Press Boxes, Benches N/A 75% Digital Copy Digital Copy Digital Copy Miller Recreation Equipment & Design (941) 792- 4580 MRECFLA@TAMPABAY.RR.COM Manufacturer Product Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied Warranty Bison Sports Sports Equip, Bleachers, Padding 5% 27% Yes No Yes Douglas Sports Sports Equipment 5% 27% Yes No No RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS – SCOPE OF SERVICES (Provided by Parks and Recreation Department) SCOPE: The purpose of this bid invitation: 1. Establish a firm, fixed percentage discount from manufacturer’s and/or bidder’s current catalog/supply/product information price list for the purchase of various equipment and amenities for parks and playgrounds as requested by the Clay County Division of Parks and Recreation. The County reserves the right to award to multiple bidders. 2. Establish a firm, fixed percentage of manufacturer’s and/or bidder’s current catalog/supply/product information price list, after applying the above requested discount for purchase, for the installation of various equipment and amenities. It is understood that bidder’s current catalog/supply/product information price list are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation above and beyond what has already been presented in your bid. If the bidder offers specialized catalogs, the catalogs must be submitted separately from any other catalog offered by the bidder. 3. This bid is also a means for qualifying vendors for ball park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis as defined in the method of ordering section of this bid utilizing prices provided in bid response. The qualified vendor(s) providing the lowest responsive quote will be awarded the project. 4. There is no guarantee any purchases will be made after award. Purchase orders will be issued subject to availability of funds. RESPONSIBILITY: Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and installation, of various equipment and amenities for parks and playground equipment or amenities ordered, unless otherwise specified by the County. The County may elect, in certain circumstances, to purchase only materials and have those materials installed by others (e.g., volunteers, County staff). These items will be shipped to a designated location and off-loaded by the bidder or bidder’s representative. QUALIFICATION OF INSTALLERS: If a bidder utilizes a sub-contracted installer for any park or playground equipment, a list of sub- contracted installers must be included with their bid. Additionally, the bidder must supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub- contracted installer, is an authorized installer, certified to install various equipment and amenities for parks and playground equipment as required by each manufacturer. CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS: Each bidder shall submit with this bid, at no charge, two (2) sets of each current catalog/supply/product information price list as well as current MSRP list for each catalog submitted. All catalogs and/or MSRP lists shall clearly identify bidder’s name, address and telephone number. The vendor shall supply at no charge, two (2) sets of each then current catalog/supply/product information price list as well as current MSRP list for each catalog submitted upon price changes. At renewal time Vendor may request that new manufacturers be added. County reserves the right to approve or deny this request. Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal safety regulations. The following publications (issue in effect on date of invitation to bid) shall form a part of this specification: A. American Society for Testing and Materials (ASTM): ASTM-F1487 Standards – Methods of testing Playground Equipment for Public Use. ASTM-F1292 Standards -Method for testing various surfacing materials to determine their “critical height” (the fall height below which a life threatening head injury would not be expected to occur) Copies may be obtained from the -American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428 B. Consumer Product Safety Commission (CPSC) – printed Handbook for Public Playground Safety. Copies may be obtained from the - US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301) 504-7923 C. National Playground Safety Institute (NPSI) – identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from the -National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148-4150 (703) 858-0784 D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. COMPLIANCE WITH LAWS AND CODES: Copies may be obtained by calling: (800) 514-0301 Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the County a certificate so stating the equipment /surfacing and its installation meet all Federal and State requirements as outlined in the above publications. Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance shall be borne by the bidder. INVOICING: Invoices may be issued once equipment, materials, and supplies are delivered and/or installed to the county’s satisfaction. At a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment terms are Net 45 days per the Local Government Prompt Payment Act. TERMS OF CONTRACT: The term of bid award for various equipment and amenities for parks and playgrounds will be three (3) years, with two (2) one (1) year renewal options. Discounts from this solicitation shall prevail for the full duration of the contract and including subsequent extensions. County reserves the right to use other available bids or contracts when in the best interest of the County. METHOD OF ORDERING: The County may generate a Request for Quotation, on an “as needed” basis, for park and playground equipment and/or ball field lighting together with a request for additional services required to complete that project (see attached Quote sample sheet). The County reserves the right to send such Request for Quotation to any or all awarded bidders. The Request for Quotation can define the project exactly or the Request for Quotation can describe a desired end result, allowing the bidder to design the park or playground site. After generating a Request for Quotation for a project, and before bidder’s submission of its quotation in response to the Request for Quotation, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize the bidder(s) with the site and determine additional services that may be required to complete the project. Bidders will be responsible for the accuracy of all fixed measurements. The bidder’s quotation in response to the Request for Quotation must contain each of the following: • A detailed breakdown of the cost for the entire project. Descriptions of additional services related to the project, together with their price, shall also be listed. • Include Catalog Name, Number and associated discount. When quoting projects where freight would be charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. • Names of any and all subcontractors on the project. It is understood the bidder remains responsible for project completion and acceptance by the County. The County reserves the right to reject any quotation in response to a Request for Quotation if said quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. • Project Completion Date. • Include an updated catalog, if needed and updated MSRP lists for the park and play equipment specifically quoted. The County will generate purchase orders as a result of approved “Request for Quotations” submitted, at the sole discretion of the County. The County reserves the right to not award to any, or to use other available bids or contracts when in the best interest of the County. PROMOTIONAL PRICING: During the contract period, bidders shall extend any pricing offered on a “promotional” basis from the manufacturer to the county. It will be the bidder’s responsibility to monitor said items and report any that are or will be offered at lower prices. SUPERVISION: A bidder’s job supervisor/representative shall be on the work site at all times and be thoroughly knowledgeable of the materials, job requirements, plans, specifications and installation functions. Contractors shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). JOB COMPLETION: Bidder/installer shall be responsible for all materials received and signed for from date of order to completion of job installation. Bidder/installer shall be responsible for cleanup and removal of all debris resulting in job completion. Bidder/installer shall be responsible for restoring the work site to its original condition at the completion of the project. This shall include re-sodding of the area affected by their work with sod which is of the same variety and quality as the surrounding sod. Where no sod exists prior to installation, the contractor shall restore grade to a level consistent with the surrounding grade. RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY: The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being performed. The bidder shall be responsible for the protection of all buildings, structures, and utilities that are underground, above ground, or on the surface from their operations that may be hazardous and/or damaging to said facilities. Bidder shall leave work site in a neat and orderly fashion at the end of each work day. Any damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed prior to the damage. All costs incurred for repair or replacement shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall be paid by the bidder or deducted from their invoice. VIOLATIONS/DEFAULT: In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written notice stating the deficiencies and given ten (10) days to correct deficiencies found. The County reserves the right to terminate any bid, contract, or purchase order at any time due to any violation. In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all remedies in law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined by bidder and County may result in no further purchase being made with such bidder under this Bid. Bid Invitations Sent to the Following Companies for: RFP #18/19-2, Various Equipment And Amenities For Parks And Playgrounds Miracle Recreation -True North Musco Playmore Recreation Products REP Services Advanced Recreational Concepts Southern Recreation, Inc. J. Durgan Associates, Inc. Victor Stanley, Inc. Robertson Recreational Surfaces Recycled Plastic Factory, LLC Greenfields Outdoor Fitness, Inc. Gulf Coast Sports, LLC Bliss Products Apollo Sunguard Systems, Inc. Miller Recreation Equipment & Design, Inc. Dominica Recreation Products/Game Time Site Horizons M. Gay Constructors, Inc. Advanced Eco Designs Florida Playstructures, Inc. Seating Constructors UDS, Inc. Shell Scape of Florida, LLC ParknPool Corporation Prosales Hunter Knepshield Company Team C Sports Gary Yeomans Ford Kompan, Inc. BASCA, Inc. Qua lite Sports Lightin g Bill Fritz Sports Corporation American Park & Recreation Top Line Recreation Atlantic Coast Recreation Gopher Sports Foreverlawn Palm Beach Sail Shade Structures Park Warehouse Custom Canopies, Inc. Dynamo Playgrounds Prescision Playgrounds Playworx Playsets, LLC Rosette Equipment Company Prime Vendor, Inc. Regal Contractors, Inc. No Fault Sport Group Korkat Playgrounds & Site Amenities Co nstruction Journa l Wausau Tile, Inc. Project Innovations, Inc. Coast to Coast Recreation, LLC Vortex RCP Shelters, Inc. Sail Shade Structures Swartz Associates, Inc. Nevco Medley Sports Construction Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Committee DATE: FROM: Purchasing Dept. SUBJECT: Approval to apply for a Department of State Historic Preservation Grant funding through the Division of Historical Resources for the Clay County Historical Courthouse Building Restoration Project. The grant requires a 50% match. The application deadline is June 1, 2019. Staff is still in the process of finalizing the grant application. (J. Householder) AGENDA ITEM TYPE: Is Funding Required (Yes/No): Yes If Yes, Was the item budgeted (Yes\No\N/A): Yes Matching funds will be paid pending approval of the FY19/20 budget. Sole Source (Yes\No): No Advanced Payment (Yes\No): No REVIEWERS: Department Reviewer Action Date Comments Administrative and Contractural Services Thomas, Karen Approved 5/15/2019 - 1:14 PM County Manager Mock, Lorin Approved 5/15/2019 - 2:38 PM Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Committee DATE: FROM: Purchasing Dept. SUBJECT: Discussion regarding the following Agreements related to the SWEAT Program: 1. Program Director Services - Curtis Enterprises, LLC 2. Mentoring and Tutoring Services - Bright Minds Youth Development, Inc. (K. Thomas) AGENDA ITEM TYPE: BACKGROUND INFORMATION: When the program was initially started the Board approved waiving the Purchasing Policy related to selecting William F. Curtis/Curtis Enterprises, LLC as the Program Director based on his experience with the Department of Juvenile Justices System. A Request for Proposals was issued in FY 16/17 for Mentoring and Tutoring Services in which only 2 proposals were received. The proposal from K16 Ready Society, Inc. far exceeded the Program budget and was being offered by an out of State company. Bright Minds Youth Development, Inc. was award the bid and issued an Agreement. Is Funding Required (Yes/No): Yes If Yes, Was the item budgeted (Yes\No\N/A): Yes Funding Source: Grant Funding Sole Source (Yes\No): No Advanced Payment (Yes\No): No REVIEWERS: Department Reviewer Action Date Comments Administrative and Contractural Services Thomas, Karen Approved 5/15/2019 - 1:13 PM County Manager Mock, Lorin Approved 5/15/2019 - 2:38 PM Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Board of County Commissioners DATE: 5/17/2019 FROM: Teresa Capo SUBJECT: Approval of TDC Marketing Grant Applications for Ham Jam 2019 in the amount of $2,200.00 and Clay County Veterans Event in the amount of $1,000.00. Funding Source 109-1910-548005 (Tourism Development Fund - Tourism & Film Development - Reimbursement Grants) (K. Morgan) AGENDA ITEM TYPE: BACKGROUND INFORMATION: The Tourism Department Staff received two TDC Event Marketing Grant Applications. Using the Board approved scoring metrics for all TDC Event Marketing Grant awards, the Tourism Department Staff scored both applications in order to supply a recommendation at their May 15, 2019 TDC meeting. At that meeting, the TDC awarded the following: • Ham Jam 2019 - $2,200 • Clay County Veterans Event - $1,000 Is Funding Required (Yes/No): Yes If Yes, Was the item budgeted (Yes\No\N/A): Yes Funding Source: Tourism Development Fund - Tourism & Film Development - Reimbursement Grants Account # 109-1910-548005 Amount - $2,200.00 Ham Jam 2019 Account # 109-1910-548005 Amount - $1,000.00 Clay County Veterans Event Sole Source (Yes\No): No Advanced Payment (Yes\No): No ATTACHMENTS: Description Kimberly Morgan From: webform@claycountygov.com Sent: Thursday, May 09, 2019 3:32 PM To: Kimberly Morgan Subject: Clay County, FL: 2018/19 TDC Grant Application A new entry to a form/survey has been submitted. Form Name: 2018/19 Clay County TDC Grant Application Date & Time: 05/09/2019 3:31 PM Response#: 18 Submitter ID: 20167 IP address: 172.24.96.110 Time to complete: 10 min. , 33 sec. Survey Details Page 1 Clay County Tourist Development Council Grant Application 2018/19 (October 1, 2018 through September 30, 2019) 1. General Organization Information Name of Organization Clay County Veterans Services Department Event Name 3rd Annual Veterans Appreciation Day Event Address PO Box 1366 City Green Cove Springs State Florida Postal Code 32043 Phone (904) 278-3735 Website cl ayco u ntygov. com Contact Name Kimberley Glover Contact Email Address karen.thomas@claycountygov.com Contact Phone (904) 278-373S Contact Cell Phone (904) 540-3389 2. Requesting Organization's Net Reported Assets in 2017 Upload Document last yr budget TDC.pdf 3. Event Information Event Name 3rd Annual Veterans Appreciation Day Event Date(s) of Event 09/28/2019 lime(sl of Event 9:00-3:00 Location of Event Moosehaven Website www.claycountygov.com 1 Not acceptable: To create goodwill within our community. OR To boost local awareness of our organization. Acceptable: Create an event experience that will generate 100 room nights, a 30% increase over last year, by using a digital marketing campaign that will run 1 month prior to our event and will target southeast Georgia, Orlando and Tampa. 6. 2018/19 Event Funding Event Budget (both draft budget.pdf revenue and expenditures) Sponsorship Sponsor list TDC.xlsx Plan/Commitments What alternative source of funding will you seek if your request is not eligible for funding? Seek additional sponsorships. 7. 2018/19 Event Marketing Plan Include size/length of Advertising Plan.pd! advertisement, distribution channel(s) used, when advertisement will appear, targeted audiences, etc. Visitor Survey Thank you, Clay County, FL This is an automated message generated by the Vision Cqntent Management System'". Please do not reply directly to this email. 3 1 CLAY COUNTY FLORIDA PAGE NUMBER: DATE: 05/09/2019 CLAY COUNTY BOCC FY 2019 TIME: 12:01:36 EXPENDITURE AUDIT TRAIL SELECTION CRITERIA: orgn.fund='OOl' and expledgr.key_orgn='l601' ACCOUNTING PERIODS: 1/18 THRU 13/18 SORTED BY: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION,ACCOUNT TOTALED ON: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION PAGE BREAKS ON: DEPARTMENT FUND -001 -GENERAL FUND DIVISION -1601 -VETERANS SERVICE OFFICER ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES 001-550-553-1601-050-1601 -VETERANS SERVICE OFFICER 512000 REGULAR SALARIES .00 .00 .00 10/04/17 11-1 10/10/17 19-1 10/10/17 19-1 10/10/17 19-1 10/20/17 22-1 11/02/17 22-2 11/03/17 19-2 11/03/17 19-2 11/16/17 22-2 12/01/17 22-2 12/14/17 22-3 12/28/17 22-3 01/11/18 22-4 01/25/18 22-4 02/08/18 22-5 02/22/18 22-5 03/08/18 22-6 03/22/18 22-6 04/05/18 22-7 04/19/18 22-7 05/03/18 22-8 05/17/18 22-8 06/01/18 22-8 06/14/18 22-9 06/28/18 22-9 07/12/18 22-10 07 /26/18 22-10 08/09/18 22-11 08/23/18 22-11 09/07/18 22-12 09/20/18 22-12 10/05/18 22-13 10/09/18 19-13 TOTAL REGULAR 48,226.00 20180030 331.00 20180028 -331. 00 20180029 331.00 2,402.88 1,615.38 20180131 -37.50 20180138 -37.50 1,615.38 1,615.39 1,999.99 1,907.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 1,807.69 20181655 -361. 00 SALARIES 48,226.00 47,105.51 .00 BEGINNING BALANCE POSTED FROM BUDGET SYSTEM P/R ACCRUAL FY 17 P/R ACCRUAL FY17 REVERSAL OF JE20180028 PAYROLL PAYROLL OPT OUT OPT-OUT PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL REVERSE CHARGES CHARGES PPE 10/17/17 PPE 10/03/17 CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES P/R ACCRUAL 1,120.49 AUDIT21 CUMULATIVE DESCRIPTION BALANCE * THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION 3 CLAY COUNTY FLORIDA PAGE NUMBER: DATE: 05/09/2019 CLAY COUNTY BOCC FY 2019 TIME: 12:01:36 EXPENDITURE AUDIT TRAIL SELECTION CRITERIA: orgn.fund='OOl' and expledgr.key_orgn='l601' ACCOUNTING PERIODS: 1/18 THRU 13/18 SORTED BY: FUND,F1JNCTION,ACTIVITY,DEPARTMENT,DIVISION,ACCOUNT TOTALED ON: FUND,F1JNCTION,ACTIVITY,DEPARTMENT,DIVISION PAGE BREAKS ON: DEPARTMENT FUND -001 -GENERAL FUND DIVISION -1601 -VETERANS SERVICE OFFICER ACCOUNT CUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE 522000 RETIREMENT CONTRIBUTIONS (cont'd) 522000 RETIREMENT CONTRIBUTIONS .00 .00 .00 BEGINNING BALANCE 10/04/17 11-1 3,850.00 POSTED FROM BUDGET SYSTEM 10/10/17 19-1 20180030 26.00 P/R ACCRUAL FY 17 10/10/17 19-1 20180028 -26.00 P/R ACCRUAL FY17 10/10/17 19-1 20180029 26.00 REVERSAL OF JE20180028 10/20/17 22-1 187.34 PAYROLL CHARGES-FRINGE 11/02/17 22-2 127.94 PAYROLL CHARGES-FRINGE 11/16/17 22-2 127.94 PAYROLL CHARGES-FRINGE 12/01/17 22-2 127.94 PAYROLL CHARGES-FRINGE 12/14/17 22-3 158.40 PAYROLL CHARGES-FRINGE 12/28/17 22-3 143 .17 PAYROLL CHARGES-FRINGE 01/11/18 22-4 143.17 PAYROLL CHARGES-FRINGE 01/25/18 22-4 143 .17 PAYROLL CHARGES-FRINGE 02/08/18 22-5 143.17 PAYROLL CHARGES-FRINGE 02/22/18 22-5 143.17 PAYROLL CHARGES-FRINGE 03/08/18 22-6 143.17 PAYROLL CHARGES-FRINGE 03/22/18 22-6 143.17 PAYROLL CHARGES-FRINGE 04/05/18 22-7 143.17 PAYROLL CHARGES-FRINGE ,94/19/18 22-7 143.17 PAYROLL CHARGES-FRINGE 05/03/18 22-8 143.17 PAYROLL CHARGES-FRINGE 05/17/18 22-8 143.17 PAYROLL CHARGES-FRINGE 06/01/18 22-8 143.17 PAYROLL CHARGES-FRINGE 06/14/18 22-9 143.17 PAYROLL CHARGES-FRINGE 06/28/18 22-9 149. 32 PAYROLL CHARGES-FRINGE 07/12/18 22-10 07/26/18 22-10 08/09/18 22-11 149. 32 149. 32 149.32 PAYROLL CHARGES-FRINGE PAYROLL CHARGES-FRINGE PAYROLL CHARGES-FRINGE 08/23/18 22-11 09/07/18 22-12 09/20/18 22-12 10/05/18 22-13 149. 32 149.32 149.32 149.32 PAYROLL CHARGES-FRINGE PAYROLL CHARGES-FRINGE PAYROLL CHARGES-FRINGE PAYROLL CHARGES-FRINGE 10/09/18 19-13 20181655 TOTAL RETIREMENT CONTRIBUTIONS 3,850.00 -30.00 3,781.33 REVERSE P/R ACCRUAL .00 68 .67 523000 HEALTH INSURANCE .00 .00 .00 BEGINNING BALANCE 10/04/17 11-1 11/02/17 22-2 11/03/17 19-2 20180131 17,828.00 37.50 37.50 POSTED FROM BUDGET SYSTEM PAYROLL CHARGES OPT OUT PPE 10/17/17 AUDIT21 * THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION 5 CLAY COUNTY FLORIDA PAGE NUMBER: DATE: 05/09/2019 CLAY COUNTY BOCC FY 2019 AUDIT21 TIME: 12:01:36 EXPENDITURE AUDIT TRAIL SELECTION CRITERIA: orgn.fund='001' and expledgr.key_orgn='l601' ACCOUNTING PERIODS: 1/18 THRU 13/18 SORTED BY: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION,ACCOUNT TOTALED ON: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION PAGE BREAKS ON: DEPARTMENT FUND -001 -GENERAL FUND DIVISION -1601 -VETERANS SERVICE OFFICER ACCOUNT CUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE 523100 LIFE INSURANCE {cont'd) 03/22/18 22-6 04/05/18 22-7 2.16 2.16 PAYROLL CHARGES-FRINGE PAYROLL CHARGES-FRINGE 04/19/18 22-7 2.16 PAYROLL CHARGES-FRINGE 05/03/18 22-8 2.16 PAYROLL CHARGES-FRINGE 05/17/18 22-8 2.16 PAYROLL CHARGES-FRINGE 06/01/18 22-8 2.16 PAYROLL CHARGES-FRINGE 06/14/18 22-9 2.16 PAYROLL CHARGES-FRINGE 06/28/18 22-9 2.16 PAYROLL CHARGES-FRINGE 07/12/18 22-10 2.16 PAYROLL CHARGES-FRINGE 08/09/18 22-11 2.16 PAYROLL CHARGES-FRINGE 08/23/18 22-11 2.16 PAYROLL CHARGES-FRINGE 09/07/18 22-12 2.16 PAYROLL CHARGES-FRINGE 09/20/18 22-12 2 .16 PAYROLL CHARGES-FRINGE 10/05/18 22-13 2.16 PAYROLL CHARGES-FRINGE TOTAL LI FE INSURANCE 52.00 51.84 . 00 .16 523200 DENTAL INSURANCE .00 .00 .00 BEGINNING BALANCE 10/04/17 11-1 194.00 POSTED FROM BUDGET SYSTEM 10/20/17 22-1 7.52 PAYROLL CHARGES-FRINGE 11/02/17 22-2 7.52 PAYROLL CHARGES-FRINGE 11/16/17 22-2 7.52 PAYROLL CHARGES-FRINGE 12/01/17 22-2 7.52 PAYROLL CHARGES-FRINGE 12/14/17 22-3 7.52 PAYROLL CHARGES-FRINGE 12/28/17 22-3 7.97 PAYROLL CHARGES-FRINGE 01/11/18 22-4 7.97 PAYROLL CHARGES-FRINGE 02/08/18 22-5 7.97 PAYROLL CHARGES-FRINGE 02/22/18 22-5 7.97 PAYROLL CHARGES-FRINGE 03/08/18 22-6 7.97 PAYROLL CHARGES-FRINGE 03/22/18 22-6 7.97 PAYROLL CHARGES-FRINGE 04/05/18 22-7 7.97 PAYROLL CHARGES-FRINGE 04/19/18 05/03/18 05/17/18 06/01/18 06/14/18 06/28/18 07/12/18 08/09/18 22-7 22-8 22-8 22-8 22-9 22-9 22-10 22-11 7.97 7.97 7.97 7.97 7.97 7.97 7.97 7.97 PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL PAYROLL CHARGES-FRINGE CHARGES-FRINGE CHARGES-FRINGE CHARGES-FRINGE CHARGES-FRINGE CHARGES-FRINGE CHARGES-FRINGE CHARGES-FRINGE • THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION CLAY COUNTY FLORIDA DATE: 05/09/2019 TIME; 12:01:36 CLAY COUNTY BOCC EXPENDITURE AUDIT FY 2019 TRAIL PAGE NUMBER: AUDIT21 7 SELECTION CRITERIA: ACCOUNTING PERIODS: orgn.fund='OOl' and expledgr.key_orgn='l601' 1/18 THRU 13/18 SORTED BY: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION,ACCOUNT TOTALED ON: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION PAGE BREAKS ON: DEPARTMENT FUND -001 -GENERAL FUND DIVISION -1601 -VETERANS SERVICE OFFICER ACCOUNT CUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE 541100 TELEPHONE/COMMUNICATIONS {cont'd) 08/03/18 09/07/18 21-11 21-12 324337 325225 904949 AT&T MOBILITY NA 904949 AT&T MOBILITY NA 53.84 53.84 .00 ATT CELL PHONES .00 10/17/18 25-13 180281 108.00 FROM OFFICE SUPPLIES 10/18/18 21-13 326584 904949 AT&T MOBILITY NA 53.84 .00 WIRELESS CHARGES TOTAL TELEPHONE/COMMUNICATIONS 708.00 638.97 .00 69.03 541200 POSTAGE AND FREIGHT .00 .00 .00 BEGINNING BALANCE 10/04/17 11-1 700.00 POSTED FROM BUDGET SYSTEM 11/03/17 11/21/17 19-2 25-2 20180134 180039 -300.00 4.29 POSTAGE EXP OCT 1-27/17 TO TELECOMMUNICATIONS 12/05/17 19-3 20180266 20.32 DIST POSTAGE EXP EACH DEP 01/04/18 01/16/18 02/07/18 19-4 19-4 19-5 20180406 20180459 20180584 33.48 9 .21 1.41 POSTAGE 12/1-12/3117 POST EXP 1/1-11/18 DISTRIBUTE EXP 1-12-2-18 02/21/18 19-5 20180644 2.35 DIST POSTAGE EXPENSE 03/07/18 04/03/18 04/17/18 19-6 19-7 19-7 20180708 20180852 20180916 12.84 4.50 15.79 POSTAGE EXP 2/16-3/5/18 DIST POSTAGE 3/19-1/18 DIST POSTAGE EACH DEPT 05/01/18 19-7 20180976 9.78 DISTRIB POST 4/16-29/18 05/17/18 19-8 20181051 10.21 DIST POSTAGE 4/30-5-13/18 06/06/18 19-9 20181135 32.23 VET SVC 06/20/18 19-9 20181186 4.70 VET SVC 07/03/18 19-10 20181242 10.67 VET SVC 07/18/18 19-10 20181307 6.58 VET SVC 08/08/18 19-11 20181388 31.25 VET SVC 08/24/18 19-11 20181472 19.47 VET SVC 09/06/18 19-12 20181525 15.03 VET SVC 09/21/18 19-12 20181590 5 .17 VET SVC 10/04/18 19-13 20181646 48.63 DIST POST EXP 9/17-30/1B TOTAL POSTAGE AND FREIGHT 400.00 297.91 . 00 102. 09 543000 UTILITY SERVICES .00 .00 .00 BEGINNING BALANCE 10/04/17 11-1 TOTAL UTILITY SERVICES .00 .00 .00 . 00 POSTED FROM BUDGET SYSTEM . 00 546100 REPAIRS AND MAINTENANCE .00 .00 .00 BEGINNING BALANCE * THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION CLAY COUNTY FLORIDA PAGE NUMBER: 9 DATE: 05/09/2019 CLAY COUNTY BOCC FY 2019 AUDIT21 TIME: 12:01:36 EXPENDITURE AUDIT TRAIL SELECTION CRITERIA: orgn.fund='001' and expledgr.key_orgn='l601' ACCOUNTING PERIODS: 1/18 THRU 13/18 SORTED BY: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION,ACCOUNT TOTALED ON: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION PAGE BREAKS ON: DEPARTMENT FUND -001 -GENERAL FUND DIVISION -1601 -VETERANS SERVICE OFFICER CUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE 548200 VETERANS DAY EVENT (cont'd) 02/15/18 19-5 02/23/18 19-5 02/23/18 19-5 02/23/18 19-5 03/02/18 19-6 20180625 20180655 20180655 20180655 20180702 -50.00 -50.00 -3,000.00 -250.00 -50.00 HtmTER DOUGLAS/VA VENDOR CAMP CHOW/VA CAMP CHOW/VA CAMP CHOW/VA CHOW, VA, COPIES, RECORD 03/07/18 19-6 20180721 -50.00 VA DAY 03/07/18 19-6 20180721 -50.00 VA DAY 03/07/18 19-6 20180721 -3,000.00 VA DAY 03/07/18 19-6 20180721 -300.00 VA DAY 03/09/18 19-6 20180742 -2,000.00 CHOW, VA, RENT, REC FEE 03/12/18 19-6 20180750 -250.00 CAMP CHOW & VA 03/12/18 19-6 20180750 -50.00 CAMP CHOW & VA 03/15/18 19-6 03/15/18 19-6 03/15/18 17-6 20180766 20180766 20182085-01 905376 TRUGREEN -100.00 -100.00 CAMP CHOW/VA CAMP CHOW/VA 475.00 INSECT AND LAWN TREATMENT 03/15/18 17-6 20182086-01 905949 SPEEDPRO IMAGING 465.57 RETRACTABLE BANNER STANDS 03/21/18 17-6 20182138-01 904732 CLAY TODAY/CLAY 270.00 ADVERTISEMENT FOR MONTHLY 03/23/18 19-6 20180808 -100.00 CHOW, VA, & RETIREE 03/23/18 17-6 20182184-01 906267 FL TIMES UNION M 1,180.00 ADVERTISEMENT ON BASE 2 W 03/26/18 19-6 20180809 -50.00 CHOW, VA, RENTALS 03/26/18 19-6 20180809 -250.00 CHOW, VA, RENTALS 03/27/18 19-6 20180821 -500.00 CHOW,VA,RENT,CC JURY DUTY 03/28/18 17-6 20182221-01 906265 GOLF CAR SERVICE 200.00 4 GOLF CARTS FOR THE 2ND 03/28/18 17-6 20182222-01 905832 EVANS MEDIA SOUR 3,500.00 ENTERTAINMENT AND ASSISTA 03/28/18 17-6 20182223-01 906232 SPACE WALK OF JA 1,065.00 KIDS ZONE ITEMS FOR 2 ANN 03/28/18 17-6 20182224-01 906273 GEORGE L ASPINAL 600.00 PERFORMANCE DURING THE 2N 03/29/18 17-6 20182237-01 905949 SPEEDPRO IMAGING 1,311.97 BANNERS & SIGNS AND RETRA 04/02/18 17-6 20182258-01 100501 BRADFORD COUNTY 500.00 ADVERTISEMENT FOR 2ND ANN 04/03/18 21-7 20182085-01 320888 905376 TRUGREEN 75.00 -75.00 INSECT AND LAWN TREATMENT 04/03/18 21-7 20182085-01 320888 905376 TRUGREEN 175.00 -175.00 INSECT AND LAWN TREATMENT 04/03/18 21-7 20182086-01 320920 905949 SPEEDPRO IMAGING 465.57 -465.57 RETRACTABLE BANNER STANDS 04/03/18 21-7 2018213 8-01 320861 904732 CLAY TODAY/CLAY 270.00 -270.00 ADVERTISEMENT FOR MONTHLY 04/03/18 21-7 20182221-01 320947 906265 GOLF CAR SERVICE 200.00 -200.00 4 GOLF CARTS FOR THE 2ND 04/03/18 21-7 04/03/18 21-7 04/03/18 21-7 04/04/18 19-7 20182222-01 320916 20182223-01 320944 20182224-01 320950 20180856 905832 EVANS MEDIA SOUR 906232 SPACE WALK OF JA 906273 GEORGE L ASPINAL 3,500.00 1,065.00 600.00 -100.00 -3,500.00 ENTERTAINMENT AND ASSISTA -1,065.00 KIDS ZONE ITEMS FOR 2 ANN -600.00 PERFORMANCE DURING THE 2N RENTALS/VA 04/04/18 19-7 04/04/18 17-7 20180856 20182282-01 905850 THE MORGAN COMPA -500.00 RENTALS/VA 1,420.20 EVENT TOTE BAGS (1000) FO ~ THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION CLAY COUNTY FLORIDA PAGE NUMBER: 11 DATE: 05/09/2019 CLAY COUNTY BOCC FY 2019 AUDIT21 TIME: 12:01:36 EXPENDITURE AUDIT TRAIL SELECTION CRITERIA: orgn.fund='001' and expledgr.key_orgn='l601' ACCOUNTING PERIODS: 1/18 THRU 13/18 SORTED BY: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION,ACCOUNT TOTALED ON: FUND,FUNCTION,ACTIVITY,DEPARTMENT,DIVISION PAGE BREAKS ON: DEPARTMENT FUND -001 -GENERAL FUND DIVISION -1601 -VETERANS SERVICE OFFICER ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET 549100 OTHER CURRENT CHARGES {cont'd) 06/05/18 21-9 20182569-01 322593 905029 CARROT-TOP INDUS TOTAL OTHER CURRENT CHARGES 1,700.00 549300 TRAINING & CERTIFICATION .DO 10/04/17 11-1 400.00 12/05/17 21-3 317796 906149 DISABLED AMERICA 06/01/18 21-8 322353 160000 CLAY CO CHAMBER 06/01/18 21-8 322353 160000 CLAY CO CHAMBER 06/06/18 21-9 322671 906127 KIMBERLEY GLOVER TOTAL TRAINING & CERTIFICATION 400.00 551000 OFFICE SUPPLIES .OD 10/04/17 11-1 500.00 11/21/17 25-2 180039 -200.00 01/08/18 21-4 318620 605979B OFFICE DEPOT BUS 01/08/18 21-4 318620 605979B OFFICE DEPOT BUS 03/02/18 21-6 319950 605979B OFFICE DEPOT BUS 05/16/18 21-8 322070 605979B OFFICE DEPOT BUS 07/05/18 25-10 180160 300.00 07/06/18 21-10 323334 605979B OFFICE DEPOT BUS 10/17/18 25-13 180281 -108.00 TOTAL OFFICE SUPPLIES 492.00 552000 OPERATING SUPPLIES .DO 10/04/17 11-1 900.00 11/17/17 17-2 20180846-02 906142 LYNCH PROMOTIONA 11/21/17 21-2 20180846-02 317411 906142 LYNCH PROMOTIONA 12/28/17 21-3 318036 00901641 WINNING CONCEPTS 03/21/18 17-6 20182146-01 902991 LOGO X PRESS 04/10/18 21-7 321181 159500 CLAY COUNTY AUTO 06/01/18 21-8 322449 659015 PRIDE ENTERPRISE 07/03/18 21-10 323216 00901641 WINNING CONCEPTS 07/05/18 21-10 20182146-01 323392 902991 LOGO X PRESS 08/17/18 21-11 324739 659015 PRIDE ENTERPRISE TOTAL OPERATING SUPPLIES 900.00 EXPENDITURES 395.68 1,364.00 .OD 70.00 50.00 50.00 160.00 330.00 .DO 80.70 5.46 99.61 76.57 76. 97 339.31 .DO 217.58 9.00 81.85 29.00 67.14 60.96 29. 00 494. 53 CUMULATIVE ENCUMBRANCES DESCRIPTION BALANCE -395.68 8 X 12" US FLAGS FOR CEME .00 336.00 .00 BEGINNING BALANCE POSTED FROM BUDGET SYSTEM . 00 SEMINAR .00 INDIVIDUAL TICKET .00 INDIVIDUAL TICKET .00 TRAVEL EXPENSE .00 70.00 .00 BEGINNING BALANCE POSTED FROM BUDGET SYSTEM TO TELECOMMUNICATIONS .00 OFFICE SUPPLIES .00 OFFICE SUPPLIES .00 OFFICE SUPPLIES .00 PAPER, TAPE ETC FROM PRINTING & BINDING .00 OFFICE SUPPLIES TO TELECOMMUNICATIONS .00 152.69 .00 BEGINNING BALANCE POSTED FROM BUDGET SYSTEM 205.00 TABLECLOTH FOR VETERAN SE -205.00 TABLECLOTH FOR VETERAN SE .00 NAME BADGES 60.96 TWO CORNERSTONE POLO SHIR .00 TITLE & TAG TRANSFER .00 BUSINESS CARDS .00 PURCHASING STAMP -60.96 TWO CORNERSTONE POLO SHIR .00 CLAY CO BUSINESS CARD .00 405.47 * THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION Estimated Budget for 3nd Annual Veterans Appreciation Day Event: Revenue: Total County Promotional Budget 5,000.00 County Budget plus reserves 16,068.00 Sponsorship Funds 5,055.00 Committed sponsor/donations (not received) 8,000.00 TOTAL REVENUES 34,123.00 Expenses (estimates) Rental Fee 4,500.00 Kid Zone 3,500.00 Entertainment 4,500.00 Marketing & Advertisment 5,000.00 Portable Toilets 6,000.00 Parade of Flags 150.00 Sight and Sound (tents & sound system) 6,500.00 Signage/Printed material (estimate) 1,000.00 Golf Carts 250.00 Dumpster 300.00 Security 500.00 32,200.00 Current Net Income/Loss: Revenues 34,123.00 Expenses 32,200.00 Adjusted Account Balance 1,923.00 Advertising/Marketing Plan: Florida Times-Union Clay Today Bradford Telegraph Starke Journal Palatka Daily News Neighbor to Neighbor Action News Jax First Coast News WOKV Radio WAY Radio in Green Cove Springs Officials from the Cecil Field POW/MIA Memorial Jaxairnews Mayport The Public Affairs officer at NAS Jacksonville The Public Affairs officer at Camp Blanding and the Florida National Guard Vietnam Veterans of America Florida State Council Patriot Reader (based in St. Johns County) Vets4Vets (based in Duval County) VVA Florida State Council St. Johns Veterans Council Surrounding VSO offices (Baker, Bradford, Dual, Nassau, Putnam, St. Johns) Surrounding Counties Local Paper (Baker, Bradford, Dual, Nassau, Putnam, St. Johns) Social Media Outlets Local Events Local Meetings Local Partners Kimberly Morgan Samantha Radomski FW: Clay County, FL: 2018/19 TDC Grant Application Monday, May 20, 2019 8:54:14 AM From: To: Subject: Date: Ham Jam 2019 Application I re-entered for compliance purposes. Kimberly Morgan Director of Tourism & Film Development Clay County Board of County Commissioners P.O. Box 1366 477 Houston Street Green Cove Springs, Florida 32043 Phone: 904-278-3734 Cell: 904-295-5802 www.exploreclay.com kimberly.morgan@claycountygov.com From: webform@claycountygov.com [mailto:webform@claycountygov.com] Sent: Friday, May 17, 2019 4:44 PM To: Kimberly Morgan <Kimberly.Morgan@claycountygov.com> Subject: Clay County, FL: 2018/19 TDC Grant Application A new entry to a form/survey has been submitted. Form Name: 2018/19 Clay County TDC Grant Application Date & Time: 05/17/2019 4:44 PM Response #: 19 Submitter ID: 20178 IP address: 12.199.59.138 Time to complete: 39 min. , 58 sec. Survey Details Page 1 Clay County Tourist Development Council Grant Application 2018/19 (October 1, 2018 through September 30, 2019) 1. General Organization Information Name of Organization Frist Coast Ham Jam Event Name Ham Jam munsey69@att.net (904) 838-5530 Address 739 Duart Drive City Orange Park State Florida Postal Code 32073 Phone (904) 276-4746 Website firstcoasthamjam.com Contact Name Ronnie Munsey Contact Email Address Contact Phone Contact Cell Phone (904) 838-5530 2. Requesting Organization’s Net Reported Assets in 2017 Upload Document 3. Event Information Event Name First Coast Ham Jam Date(s) of Event 10/17/19 Time(s) of Event 10:00 am Location of Event County Fairgrounds Website Projected Number of Event www.firstcoasthamjam.com 25000 Attendees Local (Clay County) 16000 Attendees Out-of-Town Attendees 9000 Projected Number of 100 Vendors Projected Number of Hotel 300 Room Nights TDC Event Marketing Grant Request $15,000 What method was used to determine your projected numbers for this event? Historical data of previous Ham Jam events. 4. Event History Date of Past Event 11/07/2007 Location of Past Event Reynolds Park Number of Attendees 2000 Number of Vendors 90 Estimated Economic Impact $2,500,000 How did you estimate the economic impact? Clay County Chamber of Commerce Hotel Room Nights 300 Generated by this Event How many years has the 20 event existed? What method was used to capture the number of attendees? Ticket sales What method was used to capture the number of vendors? Applications and rental fees from each vendor What method was used to capture the number of hotel room nights? In 2007, we didn't have the method of tracking hotels rooms, the hotels corresponded with Ham Jam verbally. However, promotional codes are available now and that is what we will be using to track rooms. Of the number of 8850 attendees, how many were day visitors (tourists/visitors from outside of Clay County, but not staying overnight in hotels)? 5. 2018/19 Event Information Share 3 Event Objectives (Must be SMART- Specific, Measurable, Achievable, Realistic/Relevant, Time- bound) submitted seperately Not acceptable: To create goodwill within our community. OR To boost local awareness of our organization. Acceptable: Create an event experience that will generate 100 room nights, a 30% increase over last year, by using a digital marketing campaign that will run 1 month prior to our event and will target southeast Georgia, Orlando and Tampa. 6. 2018/19 Event Funding Event Budget (both HamJam 2019.pdf revenue and expenditures) Sponsorship HamJam 2019.pdf Plan/Commitments What alternative source of funding will you seek if your request is not eligible for funding? sponsorships 7. 2018/19 Event Marketing Plan Include size/length of HamJam 2019.pdf advertisement, distribution channel(s) used, when advertisement will appear, targeted audiences, etc. Visitor Survey Thank you, Clay County, FL This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 2019 Ham Jam Event Marketing Plan Advertising Television Chnnel 4 50-15 sec spots Channel 12 50-15 sec spots Radio WQIK 200-30 sec spots WSOS 200-30 sec spots WYKB 200-30 sec spots Written Advertisement Billboards 6 total @ 20'x30' Flyers 3000 total @ 8 1/2" x 11" Posters 100 Total @ 30" x 20" 2019 Ham Jam Projected Revenue: Sponsorship $ 50,000.00 Vendors $ 15,000.00 Ticket Sales $ 500,000.00 Bev Sales $ 25,000.00 $ 585,000.00 Projected Expenses: Entertainment: Easton Corbin $ 40,000.00 Mark Chestnut $ 20,000.00 Brett Meyers $ 7,500.00 Entertainer Exp $ 5,000.00 Lights, Sound & Stage $ 15,000.00 Security $ 35,000.00 Boy Scouts (Parking, Trash) $ 5,000.00 Advertisement: $ 25,000.00 Radio $ 15,000.00 Television $ 3,000.00 Billboards $ 5,000.00 Adv. Admin. Supplies $ 2,000.00 Catering $ 7,500.00 C.O.G.S. (Beverages) $ 5,000.00 C.O.G.S. (other) $ 1,500.00 Lease $ 5,500.00 Utilities $ 4,500.00 Insurance $ 3,000.00 Misc Supplies $ 1,000.00 $ 205,500.00 Fields Cadillac Hanaina Auto Group Rick Baker R/V Quality Mobile Homes Metro PCS Champion Brands ST Vincents OP Medical Center WQIK Radio Coca Cola Ronnies Wings Reynolds Park Go Minis Sam's Club Clay County Transmission Holiday Inn Simply Architectural Winn Dixie Unicorn Web Budweiser State Farm Ins. Safe Touch Security Southern Enclosers United Health Sponsorship Commitments First Coast Ham Jam Sponsorship Sample package Ham Jam Sponsorship Target List Clay Electric North Florida Well Drilling Orange Park Florist Orange Park Furniture Vallancourt Const. Prestige Builders Carlton Const. Vystar Credit Union Farm Credit Kileys Tire Clay county Tire Miller Electric Pats Nursery Community First Bank WW Gay Sun Pass Florida Custom Graphics John Deer Outhouse Portables AA propane Thrasher Horn Center Partridge Well Drilling Burkhardt Sales Zachs Mowers Du Val Fields CPA Group, PA 428 Walnut Street Green Cove Springs, FL 32043 (904) 269-1069 info@duvalfields.com March 15, 2019 HAM JAM CHARITIES, INC. 739 DUART DRIVE ORANGE PARK, FL 32073 Dear Client, Enclosed is the 2017 U.S . Form 990-N, Electronic Notice for Tax-Exempt Organization not Required to File Form 990 or 990-EZ, for HAM JAM CHARITIES, INC. for the tax year ending October 31, 2018. Your 2017 U.S. Form 990-N, Electronic Notice for Tax-Exempt Organization not Required to File Form 990 or 990-EZ, return wiH be electronically filed. We very much appreciate the opportunity to serve you. If you have any questions regarding this return, please do not hesitate to call. Sincerely, Stephen J . DuVal, CPA, MBA, CVA , CBM Form 990-N Electronic Notice {e-Postcard) for Tax-Exempt Organization Not Required to File Form 990 or 990-EZ For Electronic Filing Only DO NOT MAIL -· e-POSTCARD WILL BE SENT FOR YOU Small tax-exempt organization with gross receipts of $50,000 or less is required to use this form per enactment of the Pension Protection Act of 2006 (PPA) For calendar year 2017, or tax year be innin Nov 1 , 2017, endin Oct 31 , 2018 2017 Part I -Identifying Information Name of Organization .... . .. HAM JAM CHARI TIES, INC. Address. . . . .... 739 DUART DRIVE-------------------Room/Suite . City ..... . . .. ORANGE PARK State .. : . . . .. FL ZIP Code .. 32073 Employer Identification Number . . 5 4 -2 0 8 0 3 7 2 Part II -Required Information A W Check this box to verify that organization's annual receipts are normally $50,000 or less Note: Not eligible to file Form 990-N if gross receipts are more than $50,000 B Other Names Organization is Doing Business As C Website: ... D Principal Officer of the Organization ....... _R_O_N_N_I_E_M_U_N_S_E_Y______________ Person . . . . W Business . . .. ► D Address. . . . . . . 7 3 9 DUART DRIVE City . . . . . . . . . ORANGE PARK State . FL ZIP Code .. .c.3.;::2...;;._0_7..::.3___ Foreign Country . . E Check this box if organization is going out of business D Form 990-N, also known as thee-Postcard, must be filed electronically with the Internal Revenue Service. There will be no paper form accepted by the Internal Revenue Service. Do Not mail this form to the Internal Revenue Service. TEEA6001.SCR 04/30/15 --------- --------- ---------- ---------- Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Finance and Audit Committee DATE: 5/17/2019 FROM: Courtney K. Grimm SUBJECT: Approval of the Interlocal Agreement for Reimbursement of Property Appraiser (Stormwater Maintenance MSBU). The purpose of this Agreement is for the County and the Property Appraiser to establish and agree upon the undertaking of their mutual responsibilities pursuant to Section 197.3632, Florida Statutes, in order for the County to implement the Uniform Method for the notice, levy, collection, and enforcement of certain non-ad valorem assessments herein described; and to provide for reimbursement and payment by the County to the Property Appraiser for all necessary administrative costs incurred by the Property Appraiser in such activity as provided in said statute. Funding Source: 101-3701-546100 (Transportation Trust Fund / Streets & Drainage / R&M) (C. Grimm) AGENDA ITEM TYPE: Is Funding Required (Yes/No): Yes If Yes, Was the item budgeted (Yes\No\N/A): Yes Funding Source: 101-3701-546100 (Transportation Trust Fund / Streets & Drainage / R&M) Sole Source (Yes\No): No Advanced Payment (Yes\No): No ATTACHMENTS: Description (a) the County is authorized to impose non-ad valorem assessments and by appropriate resolution has expressed its intent to use the uniform method of levy, collection and enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes, under which assessments are included on an assessment roll and certified, in a compatible electronic medium tied to the property identification number, by the County to the Tax Collector for merging with the ad valorem tax roll, for collection by utilizing the tax notice provisions described in Section 197.3635, Florida Statutes, and for sale of tax certificates and tax deeds under the non-payment provisions of the ad valorem tax laws (the “Uniform Method”); (b) the Uniform Method, with its enforcement provisions including the use of tax sale certificates and tax deeds to collect delinquent annual payments, is less expensive and more equitable to the delinquent landowner than the traditional lien and foreclosure methodology; (c) the Uniform Method will provide for more efficient collection by virtue of the assessment being on the tax notice issued by the Tax Collector and will produce positive economic benefits to the affected landowners and the County; (d) the Uniform Method will promote local government accountability; (e) this Agreement is intended to conform with the requirements of Section 197.3632, Florida Statutes, that the County and the Property Appraiser enter into a written agreement providing for reimbursement of necessary administrative and actual costs incurred as a result of the use of the Uniform Method, such administrative and actual costs including, but not being limited to those costs associated with personnel, forms, supplies, data processing, computer equipment and programming; Clay County Agreement/Contract No. 2018/2019-____ INTERLOCAL AGREEMENT FOR REIMBURSEMENT OF PROPERTY APPRAISER (STORMWATER MAINTENANCE MSBU) This Interlocal Agreement for Reimbursement of Property Appraiser (the “Agreement”) is made and entered into as of __________________, 2019, by Clay County, a political subdivision of the State of Florida (the “County”), and Roger A. Suggs, in his official capacity as Property Appraiser of Clay County, Florida (the “Property Appraiser”). Now therefore, in consideration of the mutual promises, covenants, representations, and agreements contained herein, together with the ten dollars ($10.00) and other good and valuable consideration exchanged between the parties, the parties to this Agreement do undertake, promise and agree for themselves, and their successors as follows: ARTICLE I 1 Section 1.01. Findings, Recitals and Acknowledgments. It is hereby ascertained, determined and declared by the County that: (f) the duties of the Property Appraiser under Section 197.3632, Florida Statutes, are ministerial; and, (g) this Agreement is entered into in order to allow for the use of the Uniform Method relative to non-ad valorem assessments to be imposed and levied by the County for stormwater maintenance within the unincorporated area of Clay County, said area being more particularly described in Resolution No. 18/19-20 adopted by the Board of County Commissioners of the County on D ecember 11, 2018. Section 1.02. Incorporation. The findings, recitals and acknowledgments contained herein are true, correct and incorporated into this Agreement. ARTICLE II Section 2.01. Purpose. The purpose of this Agreement is for the County and the Property Appraiser to establish and agree upon the undertaking of their mutual responsibilities pursuant to Section 197.3632, Florida Statutes, in order for the County to implement the Uniform Method for the notice, levy, collection, and enforcement of certain non-ad valorem assessments herein described; and to provide for reimbursement and payment by the County to the Property Appraiser for all necessary administrative costs incurred by the Property Appraiser in such activity as provided in said statute. ARTICLE III Section 3.01. Compliance With Laws and Regulations. The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non-ad valorem assessments, and any ordinance promulgated by the County, not inconsistent with, nor contrary to, the provisions of Sections 197.3632 and 197.3635, Florida Statutes, as amended, and any applicable rules, including Rule 12D-18, Florida Administrative Code, duly promulgated by the Florida Department of Revenue. ARTICLE IV Section 4.01. Duties and Responsibilities of the County. The County shall: (a) be solely responsible for imposing and levying valid non-ad valorem assessments; (b) reimburse the Property Appraiser for the necessary administrative costs incurred by the Property Appraiser in performing his duties under this Agreement. Said costs are more particularly provided for in Rule 12D-18.004(2), Florida Administrative Code, and Section 197.3632, Florida Statutes. (c) to the extent not prohibited by law, hold the Property Appraiser harmless from any liability he may incur arising out of any court action brought against him by any third party challenging the validity of the non-ad valorem assessments levied by the County, including but not limited to attorneys fees and costs incurred by the Property Appraiser in the defense thereof; 2 provided, the Property Appraiser must first notify the County Attorney promptly upon receipt of a summons and complaint or any other process served on him in said action, simultaneously providing a copy thereof to the County Attorney, and the County reserves the right to provide competent counsel at its expense to represent the Property Appraiser in such action, and to directly pay all reasonable costs and expenses associated therewith. If the County exercises such right and performs in accordance therewith, the Property Appraiser may nevertheless retain his own counsel to represent him in the action, but all expenses associated therewith, including fees and costs, shall be borne solely by him, and the hold harmless provisions hereof for any liability and for such fees and costs shall not apply. Moreover, the hold harmless provisions hereof shall not apply in the event either (1) the Property Appraiser does not reasonably cooperate with and assist the County in defending the suit challenging the validity of the assessment, or (2) the Property Appraiser brings an action directly against the County pertaining to the assessment. (d) make all reimbursement or payment to the Property Appraiser hereunder in accordance with the Florida Prompt Payment Act, Chapter 278, Part VII, Florida Statutes, or its successor in function. (e) designate and authorize a person, other than the Property Appraiser, to receive and process any request for changes, modifications or corrections to the subject non-ad valorem assessment roll, and if necessary, file with the Property Appraiser an appropriate certificate of correction. Section 4.02. Duties and Responsibilities of the Property Appraiser. The Property Appraiser shall: (a) annually by June 1 provide to the County at least the following information by compatible electronic medium: (1) the legal description of the property affected by the levy, (2) the names and addresses of the owners of such property, (3) the property identification number of each parcel in a manner that conforms to the format of the ad valorem tax roll submitted to the Department of Revenue. (b) although the Property Appraiser is not required by law to submit information other than items (1), (2), and (3) in paragraph (a) of this Section, furnish to the County other information as is found on the ad valorem roll submitted to the Department of Revenue as requested by the County 60 days prior to each June 1; and, (c) provide to the County a written itemized statement of any necessary administrative costs incurred by the Property Appraiser for which reimbursement is sought, and allow the County to audit back up material supporting the same; provided, the Property Appraiser in his discretion may elect not to seek reimbursement for any of the duties provided herein. 3 Section 5.01. Term. The term of this Agreement shall commence upon the date first above written and shall run through the end of the collection period for the non-ad valorem assessments levied for the upcoming fiscal year. This Agreement shall be automatically renewed thereafter, for successive one year periods, to run through the end of each collection period for assessments imposed in subsequent years. However, the County shall inform the Property Appraiser and the Tax Collector and the Florida Department of Revenue by January 10 in any calendar year the County intends to discontinue using the Uniform Method of collecting the non- ad valorem assessments referred to in this Agreement. Either the County or the Property Appraiser may terminate this Agreement upon thirty days’ written notice to the other. ______________________________________ ARTICLE V ARTICLE VI Section 6.01. Compensation and Reimbursement. In consideration of the performance of the various duties and tasks of the Property Appraiser provided under Section 4.02 hereof, the Property Appraiser shall be entitled to compensation for administrative costs for which an itemized statement is submitted as provided under Section 4.02(c) hereof. IN WITNESS WHEREOF, the County and the Property Appraiser have executed and delivered this Agreement as the date first above written. County: Clay County, a political subdivision of the State of Florida By: ________________________________ Mike Cella, Its Chairman Attest: Lorin L. Mock Acting County Manager and Clerk of the Board of County Commissioners 4 ____________________________________ Property Appraiser: Roger A. Suggs in his official capacity as Property Appraiser of Clay County, Florida 5 Ordinances/stormwater msbu/2018-creation/propertyappraiser agt 6 Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Finance and Audit Committee DATE: 5/17/2019 FROM: Courtney K. Grimm SUBJECT: Approval of the Interlocal Agreement for Reimbursement of Tax Collector (Stormwater Maintenance MSBU). The purpose of this Agreement is for the County and the Tax Collector to establish and agree upon the undertaking of their mutual responsibilities pursuant to Section 197.3632, Florida Statutes, in order for the County to implement the Uniform Method for the notice, levy, collection, and enforcement of certain non-ad valorem assessments herein described; and to provide for reimbursement and payment by the County to the Tax Collector for all necessary administrative and collection costs incurred by the Tax Collector in such activity as provided in said statute. Funding Source: 101-3701-546100 (Transportation Trust Fund / Streets & Drainage / R&M) (C. Grimm) AGENDA ITEM TYPE: Is Funding Required (Yes/No): Yes If Yes, Was the item budgeted (Yes\No\N/A): Yes Funding Source: 101-3701-546100 (Transportation Trust Fund / Streets & Drainage / R&M) Sole Source (Yes\No): No Advanced Payment (Yes\No): No ATTACHMENTS: Description Clay County Agreement/Contract No. 2018/2019-____ INTERLOCAL AGREEMENT FOR REIMBURSEMENT OF TAX COLLECTOR (STORMWATER MAINTENANCE MSBU) This Interlocal Agreement for Reimbursement of Tax Collector (the “Agreement”) is made and entered into as of_________________, 2019, by and between Clay County, a political subdivision of the State of Florida (the “County”), and Jimmy Weeks, in his official capacity as Tax Collector of Clay County, Florida (the “Tax Collector”). Now therefore, in consideration of the mutual promises, covenants, representations, and agreements contained herein, together with the sum of ten dollars ($10.00) and other good and valuable consideration exchanged between the parties, the parties to this Agreement do undertake, promise and agree for themselves, and their successors as follows: Section 1.01. Findings, Recitals, and Acknowledgments. It is hereby ascertained, determined and declared by the parties that: (a) the County is authorized to impose non-ad valorem assessments and by appropriate resolution has expressed its intent to use the uniform method of levy, collection and enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes, under which assessments are included on an assessment roll and certified, in a compatible electronic medium tied to the property identification number, by the County to the Tax Collector for merging with the ad valorem tax roll, for collection by utilizing the tax notice provisions described in Section 197.3635, Florida Statutes, and for sale of tax certificates and tax deeds under the non-payment provisions of the ad valorem tax laws (the “Uniform Method”); (b) the Uniform Method, with its enforcement provisions including the use of tax sale certificates and tax deeds to collect delinquent annual payments, is less expensive and more equitable to the delinquent landowner than the traditional lien and foreclosure methodology; (c) the Uniform Method will provide for more efficient collection by virtue of the assessment being on the tax notice issued by the Tax Collector and will produce positive economic benefits to the affected landowners and the County; (d) the Uniform Method will promote local government accountability; (e) this Agreement is intended to conform with the requirements of Section 197.3632, Florida Statutes, that the County and the Tax Collector enter into a written agreement providing for reimbursement of necessary administrative and actual costs incurred as a result of the use of the Uniform Method, such administrative and actual costs including, but not being limited to those costs associated with personnel, forms, supplies, data processing, computer equipment and programming; ARTICLE I 1 (f) the duties of the Tax C ollector under Section 197.3632, Florida Statutes, are ministerial; (g) this Agreement is entered into in order to allow for the use of the Uniform Method relative to non-ad valorem assessments to be imposed and levied by the County for stormwater maintenance within the unincorporated area of Clay County, said area being more particularly described in Resolution No. 18/19-20 adopted by the Board of County Commissioners of the County on December 11, 2018; and (h) Section 197.3632(7), Florida Statutes, provides that the County shall bear all costs associated with any separate notice mailed thereunder in the event the Tax Collector is unable to merge a non-ad valorem assessment roll with the ad valorem tax roll to produce a combined notice under Section 197.3635, Florida Statutes. Section 1.02. Incorporation. The findings, recitals and acknowledgments contained herein are true, correct and incorporated into this Agreement. ARTICLE II Section 2.01. Purpose. The purpose of this Agreement is for the County and the Tax Collector to establish and agree upon the undertaking of their mutual responsibilities pursuant to Section 197.3632, Florida Statutes, in order for the County to implement the Uniform Method for the notice, levy, collection, and enforcement of certain non-ad valorem assessments herein described; and to provide for reimbursement and payment by the County to the Tax Collector for all necessary administrative and collection costs incurred by the Tax Collector in such activity as provided in said statute. ARTICLE III Section 3.01. Compliance With Laws and Regulations. The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non-ad valorem assessments, and any ordinance promulgated by the County, not inconsistent with, nor contrary to, the provisions of Sections 197.3632 and 197.3635, Florida Statutes, as amended, and any applicable rules, including Rule 12D-18, Florida Administrative Code, duly promulgated by the Florida Department of Revenue. ARTICLE IV Section 4.01. Duties and Responsibilities of the County. The County shall: (a) be solely responsible for imposing and levying valid non-ad valorem assessments; (b) cooperate with the Tax Collector to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197 and, specifically, Sections 197.3632 and 197.3635, Florida Statutes, as amended; 2 (c) reimburse the Tax Collector for the necessary administrative costs incurred by the Tax Collector in performing the duties under this Agreement. Said costs include those provided for in Rule 12D-18.004(2), Florida Administrative Code, and in Section 197.3632(8)(c), Florida Statutes. (d) to the extent not prohibited by law, hold the Tax Collector harmless from any liability he may incur arising out of any court action brought against him by any third party challenging the validity of the non-ad valorem assessments levied by the County, including but not limited to attorneys fees and costs incurred by the Tax Collector in the defense thereof; provided, the Tax Collector must first notify the County Attorney promptly upon receipt of a summons and complaint or any other process served on him in said action, simultaneously providing a copy thereof to the County Attorney, and the County reserves the right to provide competent counsel at its expense to represent the Tax Collector in such action, and to directly pay all reasonable costs and expenses associated therewith. If the County exercises such right and performs in accordance therewith, the Tax Collector may nevertheless retain his own counsel to represent him in the action, but all expenses associated therewith, including fees and costs, shall be borne solely by him, and the hold harmless provisions hereof for any liability and for such fees and costs shall not apply. Moreover, the hold harmless provisions hereof shall not apply in the event either (1) the Tax Collector does not reasonably cooperate with and assist the County in defending the suit challenging the validity of the assessment, or (2) the Tax Collector brings an action directly against the County pertaining to the assessment. (e) make all reimbursement or payment to the Tax Collector hereunder in accordance with the Florida Prompt Payment Act, Chapter 278, Part VII, Florida Statutes, or its successor in function; (f) designate and authorize a person, other than the Tax Collector, to receive and process any request for changes, modifications or corrections to the subject non-ad valorem assessment roll, and if necessary, file with the Tax Collector an appropriate certificate of correction; (g) pursuant to Section 197.3632(7), Florida Statutes, pay for or alternatively reimburse the Tax Collector for any separate tax notices if the Tax Collector cannot merge the non-ad valorem assessment roll certified by the County; and (h) cause the Chairperson of the Board of County Commissioners of the County, or his or her designee, to certify, by September 15 of each year to the Tax Collector the non-ad valorem assessment roll on compatible electronic medium, tied to the property parcel identification number, in a manner that conforms to the format of the ad valorem tax roll submitted by the Property Appraiser to the Florida Department of Revenue. Section 4.02. Duties and Responsibilities of the Tax Collector. The Tax Collector shall: (a) merge all rolls, prepare a collection roll and prepare a combined notice for both the ad valorem and non-ad valorem assessments in accordance with Chapter 197, Florida 3 Statutes, any applicable rules promulgated by the Florida Department of Revenue and in accordance with any specific ordinances and resolutions adopted by the County, so long as said ordinances and resolutions shall themselves not be inconsistent with or contrary to the provisions of Chapter 197, and, specifically, Sections 197.3632 and 197.3635, Florida Statutes; (b) collect the non-ad valorem assessments of the County pursuant to the non-ad valorem assessment roll as certified no later than September 15 of each year to the Tax Collector; provided, such non-ad valorem assessment roll is on compatible electronic medium tied to the property identification number for each parcel and in the format used by the Property Appraiser for the ad valorem roll submitted to the Florida Department of Revenue and such non-ad valorem roll is free of errors and omissions; (c) provide the County with a written itemized statement of any necessary administrative costs incurred by the Tax Collector for which reimbursement is sought, and allow the County to audit back-up material supporting the same; provided, the Tax Collector in his discretion may elect not to seek reimbursement for any of the duties provided herein; (d) if he discovers any errors or omissions on any roll, request the County to file a corrected roll or the correction of the amount of any assessment by filing with the Tax Collector a certificate of correction, with a copy to the Property Appraiser and the Florida Department of Revenue, pursuant to the applicable rules promulgated by the Florida Department of Revenue; and (e) upon determining that a separate mailing is required pursuant to Section 197.3632(7), Florida Statutes, mail, or require the County to mail, a separate notice of the particular non-ad valorem assessment. ARTICLE V Section 5.01. Term. The term of this Agreement shall commence upon the date first above written and shall run through the end of the collection period for the non-ad valorem assessments levied for the upcoming fiscal year. This Agreement shall be automatically renewed thereafter, for successive one year periods, to run through the end of each collection period for assessments imposed in subsequent years. However, the County shall inform the Property Appraiser and the Tax Collector and the Florida Department of Revenue by January 10 in any calendar year the County intends to discontinue using the Uniform Method of collecting the non- ad valorem assessments referred to in this Agreement. Either the County or the Tax Collector may terminate this Agreement upon thirty days’ written notice to the other. ARTICLE VI Section 6.01. Compensation and Reimbursement. In consideration of the performance of the various duties and tasks of the Tax C ollector provided under Section 4.02 hereof, the Tax Collector shall be entitled to compensation and reimbursement as follows: 4 ______________________________________ (a) for collecting the non-ad valorem assessments, the Tax Collector shall be compensated in accordance with Sections 197.3632(8)(c) and 192.091(2)(b)2, Florida Statutes, and is entitled to deduct the compensation to which he is entitled hereunder at the time of distribution of collections; and (b) for performing the various duties required of him under Section 4.02 hereof other than collecting and disbursing the non-ad valorem assessments, pursuant to Section 197.3632(2), Florida Statutes, the Tax Collector shall be reimbursed by the County for actual costs incurred by him thereby and for which an itemized statement is submitted as provided under Section 4.02(c) hereof. IN WITNESS WHEREOF, the County and the Tax Collector have executed and delivered this Agreement as of the date first above written. County: Clay County, a political subdivision of the State of Florida By: ________________________________ Mike Cella, Its Chairman Attest: Lorin L. Mock Acting County Manager and Clerk of the Board of County Commissioners 5 ____________________________________ Tax Collector: Jimmy Weeks in his official capacity as Tax Collector of Clay County, Florida 6 Ordinances/stormwater msbu/2018-creation/taxcollector agt 7 Agenda Item Clay County Board of County Commissioners Clay County Administration Building Tuesday, May 21 3:00 PM TO: Finance & Audit Committee DATE: 5/13/2019 FROM: Angela Goodermote SUBJECT: Presentations of the FY 19/20 Nonprofit Agency Grant Applicants for budget funding for the upcoming fiscal year. (D. Sileo) Florida Art License Plate Fund: A. Clay County Community Band, Inc. (not presenting) B. First Coast Highlanders, Inc. (not presenting) General Fund: C. Challenge Enterprises of North Florida, Inc. D. Episcopal Children's Services, Inc. E. Kids First of Florida, Inc. F. Quigley House, Inc. County Alcohol & Drug Abuse Fund: G. Clay Behavioral Health Center, Inc. AGENDA ITEM TYPE: BACKGROUND INFORMATION: Presentations from the nonprofit agency grant applicants allow the Board of County Commissioners the opportunity to ask questions from each applicant. Is Funding Required (Yes/No): No If Yes, Was the item budgeted (Yes\No\N/A): No Funding sources and amounts to be determined within the approval of the FY 19/20 Clay County Budget. Sole Source (Yes\No): No Advanced Payment (Yes\No): No ATTACHMENTS: Description Budget Office County Manager Mock, Lorin Approved 5/14/2019 - 3:01 PM Clay County Nonprofit Agency Funding Program FY 2019-2020 Agency Name Funding Source Service Provided to Citizens Applic FY 15/16 ations FY 16/17 FY 17/18 Approved FY 18/19 Requested FY 19/20 Increase (Decrease) in REQUESTED % Increase / (Decrease) Challenge Enterprises of N FL, Inc General Fund Grants in Aid 61,200 61,200 61,200 61,200 61,200 -0% Episcopal Children's Services General Fund Grants in Aid 108,000 108,000 108,000 108,000 112,000 4,000 4% Kids First of Florida, Inc General Fund Grants in Aid 45,000 45,000 45,000 45,000 45,000 -0% Quigley House, Inc General Fund Grants in Aid 51,412 51,412 51,412 51,412 70,170 18,758 36% The Way Free Medical Clinic, Inc General Fund Health 15,000 15,000 15,000 15,000 25,000 10,000 67% BASCA, Inc General Fund Grants in Aid --- 10,000 50,000 40,000 400% Children's Home Society of FL (CPS) General Fund Grants in Aid ---- 60,384 60,384 100% JC Penney Memorial Scenic Highway General Fund Grants in Aid ---- 40,000 40,000 100% Town of Penney Farms General Fund Grants in Aid ---- 40,000 40,000 100% GENERAL FUND AID TO NONPROFIT ORGS 280,612 280,612 280,612 290,612 503,754 213,142 Clay Behavioral Health Center County Alcohol & Drug Abuse Fund Mental Health 10,000 5,000 5,000 4,000 4,000 -0% General Fund Transfer to 105-County Alcohol & Drug Abuse Fund General Fund Transfer Mental Health 340,000 345,000 345,000 346,000 396,000 50,000 14% COUNTY ALCOHOL & DRUG ABUSE FUND 350,000 350,000 350,000 350,000 400,000 50,000 Clay County Community Band, Inc Florida Art License Plate Fund Culture / Recreation 1,412 1,000 1,000 1,000 1,600 600 60% First Coast Highlanders, Inc (FKA Clay County Sheriff's Office Pipes & Drums, Inc) Orange Park Chorale Florida Art License Plate Fund Florida Art License Plate Fund Culture / Recreation 1,063 1,000 1,000 1,000 2,000 1,000 100% FLORIDA ART LICENSE PLATE FUND 2,475 2,000 2,000 2,000 3,600 1,600 0% OVERALL AID TO OTHER AGENCIES / NONPROFIT GRANTS 633,087 632,612 632,612 642,612 907,354 264,742 - as of 5/16/2019 Clay County Board of County Commissioners Nonprofit Agency Grant Application Funding request for FY 2019-2020 A. Applicant Information: Applicant Name: Cl C C • B day ounty ommun1ty an PhysicalAddress:2750 Moody Ave Orange Park FL. 32073 Mailing Address: 602 Lorn Ct. City/State: O. P. FL I Zip: 32073 Phone: (904)891-2053 Fax: (904)779-1202 Website: I Federal Tax ID#: www .claycountyband.com 59-3755221 Executive Director: Jim Layton Primary Contact: Burk Shields Title: Grant Comm. Ch .air Email: . @b II thtra1nut e sou .net (904)477-0395 Amount Awarded (Budget omce use only):Amount Requested:$ l 600.00 I. Please provide a brief statement of your organization's mission and goals. Mission: Goals: I . Plea<;e sec attached page /\ 1 2. 3. 2. Please provide a brief description of all agency programs and services and indicate the number of years (or months) you have provided each program or service. Please place an asterisk in front of any program or service that is suppo1ted by County funds. *30 years of providing musical entertainment and cultural enlightenment via Concert Band and Swing Hand performances for Municipal and Civic activities and fund raising performances for other Public Services organizations. Application is due no later than 4:00 pm Monday, March 11, 2019 3. Board Member Listing -Please provide a list of your agency's board members and their affiliation. Board Member Affiliation Ji1n Layton President Burk Shields Vice President Kathy Robertson Treasurer Bobby Rahn Secretary Billy Bullock At Large B. Grant Purpose I. Describe the services to be provided by County grant funds. Support of a continuing program of live, in person musical performances utilizing local, non professional volunteer musicians in a harmonious social context at the request of private and Civic organizations in NE Florida and the surrounding area. 2. Describe the grant's target population and benefits received from the citizens of the County. As the OFflCIAL BAND OF CLAY COUNTY our primary target audience is the entire population of Clay County and as much of the population of the surrounding area as possible 3. Describe the qualifications of key staff and volunteers that will be responsible for implementing the grant. Our By-Laws state that all expenditures of less that $250.00 may be voted on and approved by a majority vote of the 5 member Board. Any expenditure in excess of$250.00 or for durable goods are discussed by the full Band and then voted on to approve or disapprove in accordance with our By-Laws. Application is due no later than 4:00 pm Monday, March t 1, 2019 2 C. Accountability I. Provide a timetable for accomplishing milestones, major aclivities, and main grant targets for the services lo be provided by County grant funds. Please reference specific dates, months, stages, etc. Milestone, Major Activity, Target Reference -Time/Date/Stage D. N. A. 2. Please describe the method(s) you will use to evaluate whether your clients, participants or the citizenry have benefited from services. l listorically we have used feedback from our audiences, repeated requests from our prior clients and audience participation in our events which have proven to be the most accurate indications as to our bcnclil lo the community and our effectiveness in accomplishing our goals. Most recently we have received feedback regarding our willingness lo perform at low key but needy events instead of focusing purely on "high visibility" events. We are very proud of that accomplishment D. Applicant Budget I. Total budgeted agency revenue for Fiscal Year 2018-2019: Total projected revenue for Fiscal Year 2019-2020: Because all of our work is done on a volunteer basis we traditionally do not work from a fixed budget. We work with what we have in the bank and what we get during the season in donations and Grant funding. Application is due no later than 4:00 pm Monday, March 11, 2019 3 2. Applicant Budget Detail: Revenue FY 17/18 Actual FY 18/19 Est. Actual %of Actuals FY 19/20 Proposed %of Proposed Budect Clay County Government $1000.00 $1000.00 Other Cities or Counties State Funding Federal Fundin<> Foundations Program-Generated Revenue Program-Specific Revenue $5064 00 $4000.00Total Revenue: Note: If your agency is granted funds, this information may be included in your contract with the County. Funds will be paid on a reimbursement basis only, and no monies will be distributed up frout nor for uses other than requested above. 2. What percentage of grant funding goes to Administration and what percentage goes directly to Programming9 Administration 0 Programming 100% F. Other I. Along with submission of the funding request, the following supporting documents shall be furnished: • IRS tax-exempt letter confirming 501(c)(3) nonprofit status • most recent Solicitation License; if exempt, submit exemption letter • Certificate of Liability Insurance • most recent IRS income tax return (Form 990) 2. If funding is approved by the County, applicant acknowledges that it may be requested by the County to provide documentation of expenditures, and an annual audit of all grant funds, financial statements, mid-year program report, or any other additional documentation or supporting documents requested. Failure to comply with any such request may jeopardize future funding from the County. 3. Submit seven (7) copies of your completed application no later than 4:00 PM Monday, March 11, 2019 to: Clay County 13oard of County Commissioners Attn: Budget Office PO Box 1366 4 77 1 louston Street, 4th Floor Green Cove Springs, FL 32043 Application is due no later than 4:00 pm Monday, M1uch 11, 2019 6 Signing below acknowledges that this funding application has been completed accurately. All information submitted with this application will become a matter of public record, and open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statues. Executive Director Board Chair Jim Layton Burk Shields (Type Name) .,;g, Attachment Page 1-A As the Official Band of Clay County, the Clay County Community Band serves three primary functions. First, to provide an opportunity for non-professional volunteer musicians from within the community to participate in a concert band, making a unique cultural contribution to the life of the community. Second, as a mentoring organization for Middle School and High School musicians which they get educational credit for. Third, as a not for profit organization, to foster a spirit of camaraderie among the wind and percussion instrument players in the community, to bring a needed complement to the area of amateur arts in the community and to provide a musical experience not provided by any other musical organizations. This mission is accomplished by giving concerts both for entertainment and to assist various civic groups in their fund raising activities. Our concerts will occasionally include vocal and Jazz instrumental solo and groups. We play music from a wide range of musical genre including marches, folk tunes, musicals, contemporary pop, classical, swing and jazz. Clay County Community Band Clay County Board of County Commissioners Grant Request for FY 2019/2020 Copy L{ RECEIVED PURCHASING DIVISIO N 2019 HAR I I AM ,o: 44 f'.: ,\ ;' COUNTY BOA RD OF . J~411.1ssio;~~R S Clay County Purchasing Division 4 77 Houston Street PO Box 1366 Green Cove Springs, FL 32043 Receipt for Bid #: Company Name:Gh_:J C-0 .en;;;ro1,:n~ 6;;;d 3. Board Member Listing-Please provide a list of your agency's board members and their affiliation. Board Member Affiliation Evan Brown President Scott Young Vice President Will Wheeler Treasurer Danise Young Secretary Greg McClelland Member at Large Arthur Tenney Band Manager Gayward Hendry Executive Director B. Grant Purpose I. Describe the services to be provided by County grant funds. The funding from this arts grant will be used to purchase needed equipment and uniforms as well as maintaining and repairing older equipment and uniforms. We currently have sixt students. We also have several people who showed interest in learning pipes or drums at the NE Florida Scottish Games. 2. Describe the grant's target population and benefits received from the citizens of the County. Our target is anyone interested in learning the great highland bagpipe or highland drum as well as learning Celtic culture. We teach anyone in Clay and surrounding counties without discrimination 3. Describe the qualifications of key staff and volunteers that will be responsible for implementing the grant. Arthur Tenney is responsible for implementing the grant. He has over 45 years in the finance field and has been involved with other musical organizations and responsible for grant programs in several of those organizations. Application is due no later than 4:00 pm Monday, March 11, 2019 2 C. Accountability I. Provide a timetable for accomplishing milestones, major activities, and main grant targets for the services to be provided by County grant funds. Please reference specific dates, months, stages, etc. Milestone, Major Activity, Target Reference -Time/Date/Stage 2. Please describe the method(s) you will use to evaluate whether your clients, participants or the citizenry have benefited from services. Our mission is ongoing I 00% of the time. We accomplish our mission and goals at every performance. The First Coast Highlanders is a successful organization. We receive many repeat requests to perform at many Clay County functions. Last year we completed 32 performances in and around Clay County. Some of the organizations we performed for included the Special Olympics opening, Children's Miracle Network, Clay County Fair, The Allegro, police events, various veteran's and military group events, and other non-profit groups. In addition, we have performed in several schools. D. Applicant Budget I. Total budgeted agency revenue for Fiscal Year 2018-2019: $ I 6,300 Total projected revenue for Fiscal Year 2019-2020: $19,200 Application is due no later than 4:00 pm Monday, March 11, 2019 3 2. Applicant Budget Detail: Revenue Donations FY 17/18 Actual FY 18/19 Est. Actual ¾of Actuals FY 19/20 Proposed ¾of Proposed Bud•el $8,737.19 $5,350.00 $6,200 Performance Fees $5,950.00 $6,396.00 $7,000 Merchandise Sales $1,432.78 $1,287.00 $3,000 Grants $1,000.00 $2,400.00 $2,500 Other 0 0 $ 500 Program-Generated Revenue 0 0 0 Program-Specific Revenue 0 0 0 Fundraising 0 0 0 Total Revenue: $17,119.87 $15,483.00 $19,2000 If yes, please explain requirement: 4. Schedule of Positions: % of Budget Allocated to Administration: 0% Position Titles and/or Employee Name Full Time Equivalent* FY 17/18 Actual Salary FY 18/19 Estimated Salary FY 19/20 Proposed Salary % of Proposed Salary Increase $ $ $ % $ $ $ % $ $ $ % $ $ $ % $ $ $ % $ $ $ % $ $ $ % $ $ $ % $ $ $ % $ $ $ % $ $ $ % * Full time staff will be noted as 1.00; half time as 0.50; quarter time as 0.25 , etc. E. Budget Narrative 1. From your Grant Budget, please describe how you will expend County grant funds: Th e fimding fi"om this arts g rant will be us ed t o purc h ase n eed ed equipment and un{forms as w ell a s maintaining and repairing e quipment and unfforms App lication is due no later than 4:00 pm Monday, March 11, 2019 5 Note: If your agency is granted funds, this information may be included in your contract with the County. Funds will be paid on a reimbursement basis only, and no monies will be distributed up front nor for uses other than requested above. 2. What percentage of grant funding goes to Administration and what percentage goes directly to Programming? None F. Other 1. Along with submission of the funding request, the following supporting documents shall be furnished: • IRS tax-exempt letter confirming 501(c)(3) nonprofit status • most recent Solicitation License; if exempt, submit exemption letter • Certificate of Liability Insurance • most recent IRS income tax return (Form 990) E Postcard 2. If funding is approved by the County, applicant acknowledges that it may be requested by the County to provide documentation of expenditures, and an annual audit of all grant funds, financial statements, mid-year program report, or any other additional documentation or supporting documents requested. Failure to comply with any such request may jeopardize future funding from the County. 3. Submit seven (7) copies of your completed application no later than 4:00 PM Monday, March 11, 2019 to: Clay County Board of County Commissioners Attn: Budget Office PO Box 1366 477 Houston Street, 4th Floor Green Cove Springs, FL 32043 Application is due no later than 4:00 pm Monday, March 11, 2019 6 Signing below acknowledges that this funding application has been completed accurately. All information submitted with this application will become a matter of public record, and open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statues. Executive Director Board Chair Clay County Board of County Commissioners Nonprofit Agency Grant Application Funding request for FY 2019-2020 A. Applicant Information: Applicant Name: Challen2e Enterprises of North Florida, Inc. Physical Address: 3530 Enterprises Way Mailing Address: City/State: I Zip: Green Cove Sprin~s, FL 32043 Phone: Fax: 904 284-9859 904 284-9497 Website: I Federal Tax ID#: challen2eenterprises.or2 59-1478621 Executive Director: Nancy C. Keating Primary Contact: Title: Katie Vineyard Chief Operations Officer Email: katiev(a),challen2eenterprises.or2 Amount Requested: Amount Awarded (Budget Office use only): $61,200 l. Please provide a brief statement of your organization's mission and goals. part by the State Agency for Persons with Disabilities. County support for this service enables the most vulnerable citizens to access services with trained personnel to keep them safe, healthy and engaged in meaningful activities. *Residential Services began in June, 1982 providing small group homes for adults seeking community living. Today, the agency operates three small group homes for seven senior men and three women. A few of the first group home residents' moved successfully into homeownership more than 12 years ago and are taxpayers in Clay County. Agency staff provides coverage in the individual's homes to assist them with meal preparation, medication administration, financial guidance and personal care. A few of the homeowners that are in their senior years now require additional supports to ensure their health and safety to avoid nursing home settings. *Work Opportunities: Challenge Enterprises utilizes a Social Entrepreneurial approach to assist individuals with a variety of disabilities become successful workers, taxpayers, contributors and homeowners. Challenge Enterprises has secured small work contracts providing job training and paid employment since 1974. This successful approach has provided many individuals with significant disabilities and wounded warrior's long-tenn employment in a variety of business lines. In March 2019, Challenge Enterprises employs 201 individuals with severe disabilities on 11 Federal Government contracts (DOD, USMC, GSA, IRS, DOL, HUD, DeCA, DLA, USGS) and at a number of commercial contracts. These include the Penney Farm Retirement Community, Clay Behavioral Health Centers, Supervisor of Elections and The Way Free Clinic providing custodial and or grounds maintenance services. Job training and employment opportunities are provided at the warehouse serving commercial customers: Armor Holdings, Landsberg, Global Consumer Innovations, LLC Deluge Sandless Sandbags and other businesses for short term contract fulfillment services. *Shred for Good division of Challenge Enterprises is a secure document destruction service with AAA Certification awarded by the National Association oflnformation Destruction. This level of security has earned Shred for Good customers from prominent federal, state, county and local governments. Shred for Good serves almost 200 commercial operations including hospitals, medical offices, law finns, accountants, and commercial businesses. *County Commodities Distribution is a Clay County Agreement that enables Challenge Enterprises trainees to engage in receiving, material handling, sorting, packaging, and distribution at the warehouse in Green Cove Springs. Commodities are now ordered, purchased and tracked for delivery on a monthly schedule to six locations in Clay County for income eligible individuals to receive additional groceries. All equipment including trucks, pallet jacks, fork lift, dry, refrigerated, frozen storage unit are available at the Challenge Enterprises warehouse. This is labor intense and provides work for a number of the adults each month. The County Commodities Agreement is a separate agreement not included in this request for funding. 3. Board Member Listing -Please provide a list of your agency's board members and their affiliation. Board Member Affiliation Denise Adams Retired, Education Administrator Edward Kelly, Esq Rogers, Towers, Bailey, Jones & Gay, PA Tim Simpson Kindred Hospital Regional Administrator Tina L. Crowder First Citizens Bank Bryan Campbell Duval County Medical Society Bill Powers Business Owner/Florida Powertrain and Hydraulics Iris King Wells Fargo Education and Training Martin S. Kosiek Retired, United States Navy Captain Application is due 110 later than 4:00 pm Monday, March 11, 2019 2 B. Grant Purpose 1. Describe the services to be provided by County grant funds. The County grant will support a portion of the benefits for staff at the adult Life Skills Development center and the Residential program, utilities and communication systems. The staff supervise, train and care for men and women with intellectual and developmental disabilities in activities of daily living, self-help, prevocational training, employment and recreational skills. Financial support from the County is very important to maintain skilled, ethical, and compassionate personnel. 2. Describe the grant's target population and benefits received from the citizens of the County. The population Challenge Enterprises serves, for this grant, is individuals with varying intellectual and developmental disabilities ages 18 years through senior years. Prior to 1972, there were no organizations in Clay County providing services and families were traveling to different areas in Jacksonville for specific medical services, therapies, and programs. Since 1974, Challenge Enterprises' adults with developmental disabilities are participating in ongoing training, employment and healthy living programs in Green Cove Springs and Orange Park Challenge Enterprises responded to the needs of Clay County families when adults returned to the community after decades in State Sunland centers. Challenge Enterprises opened its first group home in 1982, the ACT Lodge, in Green Cove Springs. The individuals served in the three small group homes are long term Clay County citizens. Fifty-five percent of the residents had Fathers that gave a life time of service to the US Military. The men and women receive quality care and protection under the supervision of Challenge Enterprises personnel. The Life Skills Development center for adult training is located at the Harbor Road Industrial Park in Green Cove Springs and I 00% enrolled are Clay County citizens. The residential homes/apartments are located in Orange Park, Fleming Island, Green Cove Springs, Middleburg and Lake Asbury. A number of the homes have adaptive equipment and are accessible for health and safety as the residents as they advance in their senior years. The health and safety issues of residents are the agency's primary focus. Challenge Enterprises partners with the Clay County School Board and eight other job focus agencies to coordinate Project SEARCH and intemship program for Clay County students to prepare for successful gainful employment. Job placement and on the job training are essential to secure paid Competitive Integrated Employment. The Workforce Innovation and Opportunity Act that went into effect June 2016, Federal Legislation, requires all Exceptional Education students to engage in job searching upon leaving high school. Challenge Enterprises Employment Specialists are prepared to evaluate, match skills with job openings and provide on-the-job supports. The agency will be actively educating businesses and industry about an untapped resource that will be dependable and grateful for the work. 3. Describe the qualifications of key staff and volunteers that will be responsible for implementing the grant. Challenge Enterprises staff that supervise the programs have earned professional level degrees including Masters and Bachelor Degrees, Certificates equal to Associate Degrees, State Employment and Job Coach Certification and served in the US Military for more than 20 years. All direct care staff at the training centers and residential programs meet and exceed the required educational training for the programs standards and guidelines established by Agency for Persons with Disabilities. The project managers meet and exceed the standards for all AbilityOne federal job programs. One staff member hold a Masters level Certificate in Non Profit Management thanks to the support of the Reinhold Foundation's mission for nonprofit capacity building. Many agency staff attend the professional development seminars offered by Rollins College and sponsored by the Reinhold Foundation. Before a new employee is hired to provide direct care services to an individual with disability, the new hire is fingerprinted and background screened. On the job training and direct supervision is provided for a minimum of 30 hours before the new employee can provide direct care or training independently with the individuals. This best practice is to ensure the health and safety of all the individuals Challenge Enterprises serves. Volunteers providing support in the training center, in the homes, or on recreational outings are also background screened and under the supervision of staff. Some volunteers require a higher level of screening including fingerprinting and drug testing for authorization to work Application is due no later than 4:00 pm Monday, March 11, 2019 3 independently with an adult(s) in the community for field trips, job seeking, and transportation to an event of their choice or working side by side at the Shred for Good site. C. Accountability 1. Provide a timetable for accomplishing milestones, major activities, and main grant targets for the services to be provided by County grant funds. Please reference specific dates, months, stages, etc. Milestone, Major Activity, Target Reference-Time/Date/Stage Securing qualified personnel paid and volunteer to engage adults Secure part time jobs for 10 adults at Florida Minimum wage or better Increase census at two groups homes Ongoing with growth/by September 2020/budget committee authorizations for job postings May/202017 interns in training for jobs, 3 seeking first job Ongoing/ July 2019/ currently intetviewing Secure volunteer activities for adults to gain job skills in Green Cove Starts/ October 2019/implementation development per individual plan 2. Please describe the method(s) you will use to evaluate whether your clients, participants or the citizenry have benefited from services. The population Challenge Enterprises serves, for this grant, is individuals with varying intellectual and developmental that have resided in state institutions and some never completed basic educational programs. The evaluation method used to determine the satisfaction by the individuals and their families is an annual Satisfaction Survey. The survey seeks comments on rights, dignity, respect, achieving personal goals and what other services are necessary for them to be accomplishing their personal goals. Challenge Enterprises is a person center agency and each person has their own likes and dislikes that address where they want to be with skills and work annually. Families and friends are recommended to assist each person with their own survey for submission to the Challenge Enterprises receptionist. All responses are reviewed and actions plans established to address any requests or unfavorable comments. Action plan is reviewed and authorized by the executive staff. The surveys are for all training programs funded by the State of Florida Agency for Persons with Disabilities. The men and women that go to work for Challenge Enterprises receive annual evaluations on their work perfonnance and have the opportunity to transfer or seek employment outside of Challenge Enterprises with Job Coach Support i frequested by Vocational Rehabilitation. Collaborating with other nonprofits in Clay County offering employment opportunities to their clientele enriches the citizenry of Clay County and the economic impact with the employees' new spending power. The agency produces a one page annual report identifying the milestones, contracts, earnings for persons with disabilities cumulative from 1988 which is now at$ 33,600.696. That's the POWER of Work! The Board of Directors examine the financial reports monthly and direct specific questions to the COO for details on expenditures and revenue streams. Independent audits are conducted annually to detennine if the funds are managed and benefiting the mission. D. Applicant Budget I. Total budgeted agency revenue for Fiscal Year 2018-2019: $8,408,717 Total projected revenue for Fiscal Year 2019-2020: $8,576,891 Application is due no later than 4:00 pm Monday, March 11, 2019 4 2. Applicant Budget Detail: Revenue FY 17/18 Actual FY 18/19 Est. Actual %of Actuals FY 19/20 Proposed % of Proposed Bud2et Clay County Government 61,200 61,200 1% 61,200 1% Other Cities or Counties State Funding 1,036,949 1,002,072 11% 1,042,155 11% Federal Funding Foundations Program-Generated Revenue Program-Specific Revenue 74,898 86,263 1% 89,714 1% Work contracts, federal & commercial, rental, misc 6,675,784 7,259,182 87% 7,383,822 87% Total Revenue: 7,848,831 8,408,717 100% 8,576,891 100% 4. Schedule of Positions: % of Budget Allocated to Administration: 5% Position Titles and/or Employee Name Full Time Equivalent* FY 17/18 Actual Salary FY 18/19 Estimated Salary FY 19/20 Proposed Salary %of Proposed Salary Increase CEO 1 111,388 116,957 116,957 0% coo 1 96,789 101,628 101,628 0% VP-Business Development 1 72,076 74,239 74,239 0% VP-Human Resources 1 63,000 64,890 64,890 0% Building & Fleet Manager 1 57,461 59,185 59,185 0% Accounting Supervisor 1 50,646 52,672 52,672 0% Residential Director 1 51,995 50,000 50,000 0% Programs Manager 1 45,000 46,350 46,350 1% SDD Sales 1 35,000 35,000 35,000 0% Residential Supervisor 1 32,960 33,949 33,949 0% Others & 201 employees (mostly pt} with disabilities 159 $ 3,737,684 $ 4,178,491 $ 4,274,758 2% * Full time staff will be noted as 1.00; halftime as 0.50; quarter time as 0.25, etc. E. Budget Narrative l. From your Grant Budget, please describe how you will expend County grant funds: Clay Co11111rJi111ds 1ri// be 1/Sl'd 10 sup;wu hl'1ll:fils.fi>r pcrso1111d 1wm·idi11g clirl'CI nll'l' ,enk<'s lo the inclin'duals 11-ith intcllcl'ltl(f/ and dc1-efo11111rn10I disahilitics. l:\prndi111rcs(or mwulated hrn!th i11s111w1u· co1·crage ond other eligible ht'11c/i1s 11 i// he paid and rlicJl s11h111ifledfor rci111h11rs,'111c111. ( ·twllc11ge /-:11!e1prist·s in'// /)(!_1)or 111ilitics OIi(/ supplies al the progrwI1 lo he s11bll!it1cd tu 1/J,, C·011111_1 )hr reimh11rscm,·111. Application is due no later than 4:00 pm Monday, March 11, 2019 6 Note: If your agency is granted funds, this information may be included in your contract with the County. Funds will be paid on a reimbursement basis only, and no monies will be distributed up front nor for uses other than requested above. 2. What percentage of grant funding goes to Administration and what percentage goes directly to Programming? 100% of the grant will be allocated towards support of direct care personnel and the program essentials of the individuals enrolled in the training and activities. F. Other 1. Along with submission of the funding request, the following supporting documents shall be furnished: • IRS tax-exempt letter confirming 50l(c)(3) nonprofit status • most recent Solicitation License; if exempt, submit exemption letter • Certificate of Liability Insurance • most recent IRS income tax return (Form 990) 2. If funding is approved by the County, applicant acknowledges that it may be requested by the County to provide documentation of expenditures, and an annual audit of all grant funds, financial statements, mid-year program report, or any other additional documentation or supporting documents requested. Failure to comply with any such request may jeopardize future funding from the County. 3. Submit seven (7) copies of your completed application 110 later than 4:00 PM Monday, March 11, 2019 to: Clay County Board of County Commissioners Attn: Budget Office PO Box 1366 477 Houston Street, 4th Floor Green Cove Springs, FL 32043 Application is due no later than 4:00 pm Monday, March 11, 2019 7 Signing below acknowledges that this funding application has been completed accurately. All information submitted with this application will become a matter of public record, and open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statues. Executive Director Nancy C Keating (Type Name) Board Chair Denise Adams (Type Name) t~ ~~ ~}/.~~ (Signature) 03/11/2019 03/11/2019 (Date) (Date) Application is due no later t han 4:00 pm l\londa)', !\larch 11 , 2019 8 Clay County Board of County Commissioners N onprofitI A gency G rant A ppI'1ca f lfl.t Funding request for FY 2019-20 /o, ~ (~ I~ ~ O WJ L/ ~--- A. Applicant Information: Ui ~~ ~;; ~ A..._/ Applicant Name: I LBUDr,ET &Anu".11)-rr .,~. ,!Yl_1 Episcopal Children's Services ~,1,/, I ,.' ,."' 11/,-C;f:Oi llf',t, .... ...: J1l1t,,JPhysical Address: ---8443 Baymeadows Rd., Suite 1 Mailing Address: City/State: I Zip: 8443 Bavmeadows Rd., Suite 1 Jacksonville, FL 32256 Phone: Fax: 904-726-1500 ext. 247 904-726-1520 Website: I Federal Tax ID#: ecs4kids.or2 59-1146765 Executive Director: Connie Stophel Primary Contact: Title: Teresa Matheny Chief of Programs and Administration Email: tmatheny@2ecs4kids.org Amount Requested: Amount Awarded (Budget Office use only): $112,000 Pl ease prov1'd ea b.nef statement of your organi zation ' s m1ss1on and goa s. Mission: To Create opportunity so that the children we serve can achi eve their full potential. Goals: I.To provide School Readiness (subsidized child care) to families that qualify so that they can work or go to school in order to achieve economic self-sufficiency '-2. To ensure that child care programs serving these children are of high quality and able to promote school readiness 3. 2. Please provide a brief d e scription of all agency programs and services and indicate the number of ye ars (or months) you have provided each program or service. Please place an asterisk in front of any program or servi ce that is supported by County funds. Child Care Resource and Referral (CCR&R) -ECS's Child Care Resource and Referral program provides parents with free information about local child care providers so they can make info rmed decisions based on their family's specific needs. CCR&R Calls Answered: 36,015 19 Years Application is due no later than 4:00 pm Monday, March 11 , 2019 *School Readiness -Our School Readiness program helps lower-income families pay for child care so their parents can work. We also work with child care providers to improve and maintain high-quality programs that promote children's success in school. Children Served: 4,000 19 years Voluntary Pre-Kindergarten (VPK) -VPK is a free pre-kindergarten program open to all Florida four-year old children. It's offered during the school year and summer at Florida public schools, child care centers and private schools. Children Served: 5,600; Providers Participating: 201. 14 Years Early Head Start -Early Head Start provides high-quality educational, nutritional, health and social services to low-income and at-risk children from birth to age three and their families. Our goal is to provide a strong foundation for children entering Head Start and other Pre-K programs. 19 Years Head Start -Our Head Start program reaches out to low-income and at-risk children ages three to five and their families. We provide them with comprehensive educational, nutritional, health, and social services, as well as tools and resources to promote their development so they enter kindergarten ready to learn. 19 Years CoachJax! -Our staff works with directors and teachers to improve the quality of their environment, teaching methods and curriculum, and to promote the Guiding Stars of Duval. This program is in partnership with Jacksonville's Kid's Hope Alliance and provides for continuity of services for all programs hoping to receive Jacksonville's Guiding Stars rating. 13 Years Early Learning Center at Good Shepard-ECS 's Early Learning Center at Good Shepard is our newest center that opened in the fall of October 2014 in the Riverside area of Jacksonville. It offers care for children ages one to five years of age. 4.5 Years Regional Training Institute-Our Regional Training Institute for Early Childhood Education provides a variety of free or low-cost trainings monthly. Topics for trainings are based on provider, family, and community needs. Training sessions are centered on the eight areas required for a Child Development Associate Credential. 17 years 3. Board Member Listing -Please provide a list of your agency's board members and their affiliation. Board Member Derrick Smith, President Affiliation Grand Central Ventures, LLC. Vicki Adams, Vice President Vystar Credit Union Jennifer Holden, Treasurer UBS Financial Services, Inc. Kristi Aiello, Secretary Florida Blue The Rt. Rev. Howard Mark Middlebrook Samuel The Episcopal Diocese of Florida Wells Fargo Application is due no later than 4:00 pm Monday, March 11, 2019 2 Thabata Batchelor Wolfson Children's Hospital Brooke Yencarelli Accounting Principals & Ajilon Dr. Heidi Maier Marion Public Schools Bob Ohrablo The Jacksonville Icemen Fr. Wiley Ammons The Church of the Redeemer Malachi Beyah M &M Maintenance Plus, Inc. B. Grant Purpose I. Describe the services to be provided by County grant funds. The School Readiness (SR) program assists low income parents with the cost of quality child care and is primarily funded by state and federal funds but requires 6% matching funds from local sources. The lack of affordable care puts these parents at risk of unemployment and unable to attend classes that would increase their ability to obtain high wage jobs. The County grant funds will provide the matching funds required to draw down the state and federal funding used to provide School Readiness, (subsidized child care) to families that work but are still at or below 200% of the federal poverty level. This grant serves an average of over 950 children per month in Clay County. At least 750 of these children's families qualified based on their income and working status while the others may receive a referral from DCF of CareerSource. This is an increase of 50 children per month because of an increase in state funding. However, the increase in funding does require increased match. This is the reason for the increase in our request this year from $108,000 to $112,000. At more than $8,000 per year per child, the high cost of child care is prohibitively expensive for many working families, often approaching 15-50% ofa family's yearly income. The School Readiness program serves families who want to work-who are active participants in the Clay County economy. Without this funding many parents could not afford child care and would be forced to stay home with their children-relying on public support as a result. With the loss of so many children from the child care system, many of the 127 local child care programs in the county could not remain in business 2. Describe the grant's target population and benefits received from the citizens of the County. Our target population is low income working parents and their children. These families have incomes at or below 150% of the Federal Poverty Level at entry into the program and up to 200% thereafter. These are the same families identified in the United Way ALICE report for Clay County which shows that a ALICE family of 4 with one infant and one preschool child would pay $1,052 a month for child care while that family's monthly income if living at the poverty line may only be $2,020. Our largest source of referrals comes from child care providers that are participating in the SR and by parents currently receiving services. The children and families served by this program are located Application is due no later than 4:00 pm Monday, March 11, 2019 3 throughout the Clay County community. These children are in the urban Orange Park area, as well as the rural areas of Keystone Heights and Green Cove Springs, and in all the other large and small communities of Clay County. School Readiness creates opportunities for a better life for the entire community but is especially critical because of the impacts to both the child and the family. Each child benefits as early education creates long-lasting academic and social benefits that extend into adulthood. Families can improve their economic well-being as the full costs of quality childcare are out of reach for low-income working parents leaving lower income parents the undesirable choice of whether to pay for child care and keep working or pay the rent and remain housed. The choice is truly that stark because without subsidy a single mother working full-time but earning 200% or less of the Federal Poverty Level spends at least 33% of her income on child care for just one child. With School Readiness that is reduced to I 0% on average. This allows parents to provide stable homes and supportive environments for their children, reducing homelessness and food insecurity. While the benefits to each child and family are significant, the impact extends well beyond the immediate recipients of services, as benefits accrue to: • The school system as the significant achievement gaps created by poverty can be reduced, or even eliminated with early childhood education • The economic health of the community, as early education creates economic value Early education makes economic sense. Notably, the Federal Reserve Bank of Minneapolis, received national attention for their 2003 publication "Early Childhood Development: Economic Development with a High Public Return", Rolnick and Grunewald, 2003. Their research identified that quality early education offers a 12 percent return on investment, even accounting for inflation, which exceeds the stock market. The economic argument is further bolstered by the more recently "Preschool and Prosperity" by Timothy Bartik published in 2014, which showcased the sizable benefits to state and local economies, with a $2 to $3 return for every dollar invested. His analysis notes that investment in early education has similar benefits to well-designed business incentives to fuel economic growth. To maximize effectiveness, Episcopal Children's Services implements these services using a two-generation approach that addresses the needs of the parents concurrently with addressing the needs of the children leading to a stronger community. 3. Describe the qualifications of key staff and volunteers that will be responsible for implementing the grant. The Family Services staff that qualify families for the School Readiness services this grant supports are fully trained and certified Level II Specialists, a designation earned by completing an exam administered by Florida's Office of Early Leaming. Additionally, each Family Services Specialist has undergone formal diversity training to increase cultural sensitivity. A bachelor's degree in a related field is preferred for this position but in some cases experience in the field may be substituted. The Program management staff for this grant has a Bachelor's Degrees in accounting and over 19 years' experience with managing this grant successfully. ECS through its partner and funder, the Early Leaming Coalition of North Florida has over I 00 volunteers that go into child care programs and read to children as well as put on special programs for them. Many of these volunteers are retired educators with many years of experience working with children. Application is due no later than 4:00 pm Monday, March 11, 2019 4 C. Accountability I. Provide a timetable for accomplishing milestones, major activities, and main grant targets for the services to be provided by County grant funds. Please reference specific dates, months, stages, etc. Milestone, Major Activity, Target Reference -Time/Date/Stage Twelve-month average number of children served will be equal or greater than economicallv disadvantaged children 750 served. September JO, 2020 Contracted School Readiness childcare providers will submit contract indicating which approved curriculum and agreeing to child screening reauirements. July I, 20 I 8 and ongoing as new providers join the program. Child screenings are completed annually at initial enrollment and then annually. Referrals are made for additional follow-up as indicated by the screening results October I, 2018 and ongoing October I, 2018 through September JO, 2019Parents receiving School Readiness Services will experience fewer instances ofunemnloyment than narents on the waiting list for services 2. Please describe the method(s) you will use to evaluate whether your clients, participants or the citizenry have benefited from services. We will monitor the utilization of School Readiness services by Clay county clients to ensure that maximum number of children possible are served. Additionally, we will survey parents both receiving and waiting for services to assess the effectiveness of child care assistance on employment. We will track the number of children screened and referred for additional services monthly. Lastly, child care providers will be monitored to ensure they are using an approved curriculum and in instances where they are not, a corrective action plan will be required. Application is due no later than 4:00 pm Monday, March 11, 2019 5 Local Mileage 36,103 36,103 Other 0.00% Match Funds (Direct Child Care 112,000.00 112,000.00 -100.00%Costs) Oneration Expenses Sub-total: 13,783,026 I 12,000 13,671,026 .81% Total Expenses 15,639,274 112,000 15,527,274 .72% 3. Is County funding a mandated requirement? YES NO X If yes, please explain requirement: 4. Schedule of Positions: 27 %0fB u d !get A I locate d to Admm1strat10n: 7.65% Position Titles and/or Employee Name Full Time Equivalent* Chief Executive Officer l Chief Financial Officer l Fiscal Staff 10 VP of HR l HR Staff 6 Director of IT (Manager Promoted to lDirector) IT Staff l Executive assistant l Chief of Program Administration l Family Services Specialists 3 Family Services Manager l FY 17/18 FY 18/19 FY 19/20 ¾of Actual Estimated Proposed Proposed Salary Salary Salary Salary Increase 187,000 $187,000 $189,592 1.38% 105,964 $110,988 $112,953 1.6% 620,343 $543,699 $554,664 2.0% 104,021 $108,854 $108,854 0.0% 218,893 $284,071 $291,546 2.63% 75,000 $76,200 $85,000 11.5% 31,200 $31,200 $32,000 2.56% 50,502 $51,310 $53,788 4.8% 116,595 $120,201 $122,000 1.5% 98,880 $99,730 $102,721 3.00% 43,260 $44802 $46,146 3.00% * Full time staff will be noted as 1.00; halftime as 0.50; quarter time as 0.25, etc. Application is due no later than 4:00 pm Monday, March 11, 2019 7 E. Budget Narrative 1. From your Grant Budget, please describe how you will expend County grant funds: Clay County funding will be used solely for matching funds for the School Readiness program. One hundred percent ofall county funds will be used to pay for child care direct services. Any administrative or other programmatic expenses will be paid out with state or federal funds. The $112,000 will allow ECS to draw down $1,754,667 in state andfederal funding. Note: If your agency is granted funds, this information may be included in your contract with the County. Funds will be paid on a reimbursement basis only, and no monies will be distributed up front nor for uses other than requested above. 2. What percentage of grant funding goes to Administration and what percentage goes directly to Programming? 100% of this grant goes to direct services programming with no administrative costs taken out. Overall for all grants and funding, administration costs for ECS are less than 8% and 92% of all funding goes to programming. F. Other 1. Along with submission of the funding request, the following supporting documents shall be furnished: • IRS tax-exempt letter confirming 501(c)(3) nonprofit status • most recent Solicitation License; if exempt, submit exemption letter • Certificate of Liability Insurance • most recent IRS income tax return (Form 990) 2. If funding is approved by the County, applicant acknowledges that it may be requested by the County to provide documentation of expenditures, and an annual audit of all grant funds, financial statements, mid-year program report, or any other additional documentation or supporting documents requested. Failure to comply with any such request may jeopardize future funding from the County. Application is due no later than 4:00 pm Monday, March 11, 2019 8 3. Submit seven (7) copies of your completed application 110 later titan 4:00 PM Monday, March 11, 2019 to: C lay County Board of County Commissioners Attn: Budget Office PO Box 1366 477 Houston Street, 4th F loor Green Cove Springs, FL 32043 Signing below acknowledges that this funding application has been completed accurately. All information submitted with this application will become a matter of public record, and open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statues. Executive Director Connie Stophe. Board Chair Derrick Smith (Type Name) (Type Name):fJ£. iliAA& 'fj-Jt5 ignature) fbi#Jdu (S (~ 2/22/2019 2/22/2019 (Date) (Date) Application is due no later than 4:00 pm Monday, March 11, 2019 9 Clay County Board of County Commissioners Nonprofit Agency Grant Application Funding request for FY 2019 -2020 A. Applicant Information: Applicant Name: Kids First of Florida, Inc. Physical Address: 1726 Kingsley Ave, Suite 2 Mailing Address: 1726 Kin!!slcy Ave, Suite 2 City/State: Orange Park, FL Zip: 32073 Phone: Fax: (904) 278-5644 Ext 2006 (904) 278-5658 Website: Federal Tax ID#: www.KidsFirstOfFlorida.org 43-1992162 Executive Director: Irene M. Toto Primary Contact: Title: Kevin Davidson CFO Email: Kevin.Davidson@Firstinclay.org Amount Requested: Amount Awarded (Budget Office use only): $45,000.00 Please provide a brief statement of your organization's mission and goals .. Mission: To ensure the safety of children through a holistic approach designed to support the health and well being of families. Goals: 1. To keep at-risk children safe. 2. To provide services and ongoing outreach and education to the community in an effort to reduce child abuse and neglect. 3. To finalize at least 50 adoptions in FY 2019-2020. 2. Please provide a brief description of all agency programs and services and indicate the number of years (or months) you have provided each program or service. Please place an asterisk in front of any program or service that is supported by County funds. Kids First of Florida (KFF) is the non-profit Community Based Care (CBC) lead agency providing Child Welfare services to Clay County. KFF is one of eighteen Lead Agencies in the state of Florida. KFF was founded in 2003, in response to the Florida Legislature and the Department of Children and Families (DCF) initiative to privatize child welfare services. KFF joined the collective expertise and resources of local organizations to focus on the task of building a child protection system that is firmly rooted in the community. KIT focuses on children and families in Clay County. KFF currently employs approximately seventy staff. at our headquarters located on Kingsley Avenue. in Orange Park. Application is due no later than ~:00 pm Monday, March 11, 2019 As the Lead CBC (Community Based Care) Agency for Clay County. KFF mmrnges the provision of the following services to children and families: ❖ Protective Supervision (Provide supervision of at risk children in Clay County) ❖ Foster Care (Provide a safe home-like environment for children removed from their own homes) ❖ Case Management (Provide case manager for each child in care) ❖ Adoption Case Management (Provide a case manager for each child in adoption placement or in the legal system to be adopted) Adoption Subsidy (Provide payments to families who adopt a child) ❖ Independent Living (Provide ongoing support for former foster children who are between 18 to 23 years old) ❖ Placement (Locate a safe alternative living environment for children in care) Medicaid Assistance (Assist families and children in the foster care system to apply for Medicaid) Relative Caregiver /TANF Assistance (Help families and children to apply for assistance from the state) ❖ Recruitment, Training and Licensing of Foster/Adoptive Parents (Develop community foster and adoptive homes) Development of a comprehensive network of service providers and resources (Provide access to physical health, behavioral health and other needed services through a network of community providers) All of the above services have been provided since 2004. KFF continues to develop systems that efficiently and effectively care for vulnerable children and families by focusing on early intervention, assessment and coordinated services in order to assure family stabilization, reunification, and permanency for the children. Cases arc referred to KFF by DCF, as a result of a report of alleged abuse, neglect or abandonment to the Florida abuse hotline. The Child Protective Investigator (CPI) addresses allegations of child abuse, child neglect, abandonment or other special circumstances that affect the health and safety of the children. The CPI interviews all family members, observes family interaction and the conditions of the home to make a preliminary determination of risk to the child(ren). If the CPI needs access to the 24/7 services of crisis counseling or family preservation, access can be sought through the established referral process with the provider. If it is determined that resources can be provided to the family without jeopardizing the safety of the child, they will be made available. When it is detennined that the child can remain safely at home, in-home services will be provided to the family by KFF on a voluntary basis, when possible or court ordered, if necessary. Services such as crisis counseling and preservation services. in home and group parenting services, prevention assistance funding, individual, group and family counseling will be offered to the family intending to ameliorate those situations that brought the family to the attention of the agency, including mental health and substance abuse services. The Family Services Counselor monitors the family until it is determined that the family no longer needs services and the case can be closed. If it is determined that. for the child's safety, it is necessary that removal from the family unit take place. the CPI notilies the KFF Placement Coordinator to seek appropriate shelter care placement. When children arc removed from their homes. all efforts are made to ensure that the placements made will allo\v children to stay connected to their community. near families. friends and schools. Each child who comes Application is due no later than 4:00 pm Monday, March 11, 2019 2 into care has a medical evaluation within 72 hours. This evaluation will include a dental, vision, and hearing screening with a referral for necessary services. Each child in care has a case plan that is developed within 30 days. The case plan is designed to identify and target those areas that put the children at risk and provide effective services to reduce that risk so the child can safely return home. KFF makes needed referrals for the children and parents to assure each of their needs are addressed and parents receive services to assist them in meeting the goals established in their case plan. The FSC has regular contact with family members and service providers to monitor the family's progress and coordinate case management activities. Reports to the court are made in compliance with Florida Statute. 3. Board Member Listing -Please provide a list of your agency's board members and their affiliation. Board Member Affiliation Don Martin J.P. Morgan Chase Roy Buncome Buncome Technologies, Inc. Mitchell Davis Law Offices of Joseph F. Pippen, Jr. & Assoc. PL Alaina Rankin Regions Bank Kyle Fresh WJW Associates, LTD B. Grant Purpose I. Describe the services to be provided by County grant funds. KFF provides children protective supervision, foster care, case management, independent living, adoptions, licensing of foster homes and child placement services. Additionally KFF provides prevention services to families in Clay County to keep children safe and to prevent the need for more intensive services. KFF utilizes County Funding to help in the provision of the services above. 2. Describe the grant's target population and benefits received from the citizens of the County. The target populations are at risk children and families in Clay County. 3. Describe the qualifications of key staff and volunteers that will be responsible for implementing the grant. Professional staff at KFF hold degrees from accredited universities and colleges. Many are also certified and/or credentialed in specific areas. Family Service Counselors are certified through the State of Florida. Irene Toto, the Chief Executive Officer. holds a Master of Science in Mental Health and is a Licensed Mental Health Counselor. Irene has been \,orking in the non-profit field for 36 years and holds a certification in Non-Profit Management from Rollins College. Irene has been the CEO for KFF since 2005. Application is due no later than -t:00 pm Monday, March 11, 2019 , ·' Joanne Robertson. the Chief Operating Officer, holds a Master degree in Social Work from Boston University and is a Licensed Clinical Social Worker. Joanne has worked in the non-profit field for over 31 years with a specific concentration in the field of child welfare for approximately 23 years. Joanne has been the COO for KFF since 2017. Kevin Davidson, the Chief Financial Officer, holds a Bachelor of Science in Accounting and a Master of Business Administration. Kevin has worked in the non-profit social services field for 29 years. Kevin has been with KFF since 2005. KFF utilizes volunteers in various capac11Ies, primarily around act1v11Ies and events for children. A number of community groups, churches and service organizations have focused on specific target groups of youth and families to benefit from their volunteer activities. C. Accountability I. Provide a timetable for accomplishing milestones, major activities, and main grant targets for the services to be provided by County grant funds. Please reference specific dates, months, stages, etc. Milestone, Major Activity, Target Reference -Time/Date/Stage Finalize at least 50 adoptions. Starting July 1, 2019 and finalized by June 30,2020 To maintain a community based system of care providing foster care, independent living and child welfare services. Ongoing review of programmatic success indicators via DCF review and monitoring. Meet with DCF, on a quarterly basis, to assess the scorecard and key measurements. 2. Please describe the method(s) you will use to evaluate whether your clients, participants or the citizenry have benefited from services. KFF is a participant in the State-wide monitoring often contract performance measures, three additional critical measures and the Florida State Families Network (FSFN) Data Trends. There are regular on site monitoring of a number of programmatic and fiscal indicators by DCF. There is daily submission of data into the statewide data system which tracks progress on all measures. There is an extensive internal QA program monitored by our Qi\ Manager which tracks statewide indicators as well as internal indicators. D. Applicant Budget 1. Total budgeted agency revenue for Fiscal Year 2018 -2019: $9,849,473.00 Total projected revenue for Fiscal Y car 2019 -2020: $10,280,307.00 Application is due-no Inter than -1:00 pm Monday, March 11, 2019 4 2. J\pplicant Budget Detail: Revenue FY 17/18 Actual FY 18/19 Est. Actual % of Actuals FY 19/20 Proposed %of Proposed Budget Clay County Government $45,000.00 $45,000.00 0.46% $45,000.00 0.44% Other Cities or Counties --0.00% -0.00% State Funding 4,284,502.00 4,600,000.00 46.70% 4,800,000.00 46.69% Federal Funding 4,694,929.00 4,960,000.00 50.36% 5,185,000.00 50.44% Foundations 2,500.00 4,000.00 0.04% 4,300.00 0.04% Program-Generated Revenue I 84,542.00 205,000.00 2.08% 210,000.00 2.04% Program-Specific Revenue --0.00% -0.00% Individual, Church Donations 35,424.00 35,473.00 0.36% 36,007.00 0.35% Total Revenue: 9,246,897.00 9,849,473.00 100.00% 10,280,307.00 100.00% Temporary Employment 3,000 -3,000 0.00% Furniture/ Equipment 10,000 -10,000 0.00% Recruitment 10,000 -10,000 0.00% Background Screenings 37,000 -37,000 0.00% Professional Services 30,500 -30,500 0.00% Vehicles 12,000 -12,000 0.00% Insurance 115,000 -115,000 0.00% Janitorial / Maintenance 15,000 -15,000 0.00% Storage 15,000 -15,000 0.00% Contracted Services 375,000 -375,000 0.00% Misc/ Other Administration 33,000 -33,000 0.00% Foster, Group Homes, Adoptive 4,250,000 -4,250,000 0.00% Children Mental Health Services 95,051 -95,051 0.00% Family Preservation 57,797 -57,797 0.00% Family Support 29,059 -29,059 0.00% Visitation Reunification Services 30,246 -30,246 0.00% Adoption Services 11,308 -11,308 0.00% Other Client Services 555,000 -555,000 0.00% Prevention Services 40,000 -40,000 0.00% Foster Care Training/ Pre-service 5,000 -5,000 0.00% Life Skills 1,000 -1,000 0.00% Safety Mgt Services 5,000 -5,000 0.00% Unallowable 30,000 -30,000 0.00% In-Kind 20,000 -20,000 0.00% Depreciation 20,000 -20,000 0.00% Fund raising 6,000 -6,000 0.00% Bank Charges 2,000 -2,000 0.00% Operating Expenses Sub-total: 6,461,461 -6,461,461 0.00% Total Expenses 10,280,307 45,000 I 0,235,307 0.44% 3. Is County funding a mandated requirement? No If yes, please explain requirement: 4. Schedule of Positions: 77 % of Budget Allocated to Administration: 6.0'¼, Application is due no later than -l:00 pm Monday, March 11, 2019 6 Position Titles an<l/or Employee Name Full Time Equivalent* FY 16/17 Actual Salary FY 17/18 Budgeted Salary FY 18/19 Proposed Salary % of Proposed Salary Increase A/P I 39,491.71 41,071.38 41,892.81 2% Receptionist I 20,800.00 21,632.00 22,064.64 2% Family Service Counselor Adoptions I 40,771.52 42,402.38 43,250.43 2% Family Service Counselor Adoptions I 43,664.69 45,411.28 46,319.50 20/,o Family Service Counselor Adoptions I 40,771.52 42,402.38 43,250.43 2% Family Service Counselor Adoptions I 40,771.52 42,402.38 43,250.43 2% Family Service Counselor Adoptions Supervisor I 55,295.88 57,507.72 58,657.87 2% Family Service Counselor Supervisor I 48,900.28 50,856.29 51,873.42 2% Family Service Counselor Supervisor I 48,900.28 50,856.29 51,873.42 2% Family Service Counselor Supervisor I 48,900.28 50,856.29 51,873.42 2% Family Service Counselor Supervisor I 48,900.28 50,856.29 51,873.42 2% Family Service Counselor Supervisor I 48,900.28 50,856.29 51,873.42 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 20/1/o Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2~/0 Family Service Counselor I 36,050.00 37,492.00 38,241.84 ,o-,o Family Service Counselor I 36,050.00 37,492.00 38,241.84 ,o,-,o Application is due no later than ..J.:00 pm Monday, March 11, 2019 7 Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 36,050.00 37,492.00 38,241.84 2% Family Service Counselor I 37,080.00 38,563.20 39,334.46 2% Family Service Counselor I 37,080.00 38,563.20 39,334.46 2% Family Service/ ICPC Counselor I 44,912.12 46,708.60 47,642.78 2% Family Service/ ICPC Counselor I 39,338.32 40,911.85 41,730.09 2% Family Service/ ICPC Counselor I 40,430.94 42,048.18 42,889.14 2% Family Service/ ICPC Counselor I 40,430.94 42,048.18 42,889.14 2% Family Service Counselor I 37,080.00 38,563.20 39,334.46 2% Family Service Counselor I 37,080.00 38,563.20 39,334.46 2% Family Service Counselor I 37,080.00 38,563.20 39,334.46 2% Family Service Counselor I 38,110.00 39,634.40 40,427.09 2% Family Service Counselor I 38,110.00 39,634.40 40,427.09 2% Family Service Counselor I 38,110.00 39,634.40 40,427.09 2% Family Service Counselor I 38,110.00 39,634.40 40,427.09 2% Family Service Counselor I 39,140.00 40,705.60 41,519.71 2% Family Service Counselor I 39,140.00 40,705.60 41,519.71 2% Program Director I 54,590.00 56,773.60 57,909.07 2% Program Director I 68,711.86 71,460.33 72,889.54 2% Program Director I 55,000.00 56,784.00 57,919.68 2% Records Specialist I 20,800.00 21,632.00 22,064.64 2% FSFN Accounting Coordinator I 42,774.09 44,485.05 45,374.75 2% Quality Assurance Supervisor I 43,496.90 45,236.78 46,141.51 2% Quality Assurance Coordinator I 39,253.30 40,823.43 41,639.90 70, -'° Quality Assurance Coordinator I 35,000.00 36,400.00 37,128.00 2% Application is due no Inter than -l:00 pm Monday, March 11, 2019 8 Maintenance Worker 0.5 8,190.00 13,520.00 13,790.40 2% * Full time staff will be noted as 1.00; halftime as 0.50; quarter time as 0.25. etc. E. Budget Narrative 1. From your Grant Budget, please describe how you will expend County grant funds: KFF will utilize county funding to help subsidize the staff salaries for those who are providing children protective supervision, foster care, case management, independent living, adoption, licensing and placement services. Note: If your agency is granted funds, this information may be included in your contract with the County. Funds will be paid on a reimbursement basis only, and no monies will be distributed up front nor for uses other than requested above. 2. What percentage of grant funding goes to Administration and what percentage goes directly to Programming? 100% of the grant funding goes to support direct program service staff. F. Other I. Along with submission of the funding request, the following supporting documents shall be furnished: • IRS tax-exempt letter confirming 501(c)(3) nonprofit status • most recent Solicitation License; if exempt, submit exemption letter • Certificate of Liability Insurance • most recent IRS income tax return (Form 990) 2. If funding is approved by the County, applicant acknowledges that it may be requested by the County to provide documentation of expenditures, and an annual audit of all grant funds. financial statements, mid-year program report, or any other additional documentation or supporting documents requested. Failure to comply with any such request may jeopardize future funding from the County. 3. Submit your completed application 110 later tha11 4:00 PM Mondav, March 11, 2019 to: Clay County Board of County Commissioners Attn: Budget Office PO Box 1366 4 77 Ilouston Street. 4 th Floor Green C\ne Springs. FL 32043 Application is due no later ttrnn -4:00 pm Monday, March 11, 2019 10 Signing below acknowledges that this funding application has been completed accurately. All information submitted with this application will become a matter of public record, and open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statues. Executive Director Irene M. Toto (Type N am e ) Board Chair Don Martin RECEIVED PURCHASING 0IVISIO H 2019 MAR 11 AH 9: 08 ,·,_,\Y COUNTY BOAR DOF •'()'O ' !Cl'J /\ ~1rn s r~ , , V I \. ,_ f~ • Clay County Purchasing Division 4 77 Houston Street PO Box 1366 Green Cove Springs, FL 32043 Receipt for Bid #: Company NaEk: )o(, d~ js±o[ f?lDri~..J Clay County Board of County Commissioners Nonprofit Agency Grant Application Funding request for FY 2019-2020 A. Applicant Information: Applicant Name: Quigley House, Inc. Physical Address: 3373 U.S. Hwy 17 Green Cove Springs, FL 32043 Mailing Address: P.O. Box 142 City/State: Orange Park, FL Zip: 32067-0142 Phone: 904-284-0340 x3 l 5 Fax: 904-284-7650 Website: www.quigleyhouse.org Federal Tax ID#: 59-2935027 Executive Director: Anadelle Martinez-Mullen Primary Contact: Anadelle Martinez-Mullen Title: Chief Executive Officer Email: amartinez(alquigleyhouse.org Amount Requested: $70,170 Amount Awarded (Budget Office use only): I. Please provide a brief statement of your organization's mission and goals. Mission: Our Mission is to provide advocacy and empowerment to victims of domestic violence and sexual assault while providing conununity education to heighten awareness. Goals: I. Our number one priority is victim safety. Emergency shelter, the 24-hour hotline, and other core services are designed to provide safety and meet the immediate, basic needs of victims and their children. 2. We aim to break the generational cycle of violence through awareness and prevention efforts. Our goal is to challenge the mindset and behaviors that promote violent relationships, make the public aware of our free services, and influence how others respond/report incidents of domestic and/or sexual violence. 3. Wrap around services such as case management, legal assistance, and economic justice advocacy reduce barriers survivors face when escaping abuse. Our goal is to give survivors the tools to live stable and self-sufficient lives while decreasing future incidents of violence. 2. Please provide a brief description of all agency programs and services and indicate the number of years ( or months) you have provided each program or service. Please place an asterisk in front of any program or service that is supported by County funds. Application is due no later than 4:00 pm Monday, March 11, 2019 Domestic Violence is a critical issue in Clay County, Florida. One-third of violent crimes in our county are domestic related and while crime is down overall, incidents of domestic violence and sexual assault remain the same. Quigley House is the only certified Domestic Violence and Sexual Assault Center for residents in Clay County. We understand the complex needs that victims of domestic/sexual violence present and are best positioned to meet those needs. Quigley House's mission is to provide advocacy and empowerment to victims of domestic violence and sexual assault while providing community education to heighten awareness. Quigley House is a trusted partner in North Florida. Our organization has served thousands of victims of domestic violence for nearly 30 years, and victims of sexual assault for 21 years. ln 2018, we provided safe shelter to 271 victims and their children and served an additional 1,000 individuals through outreach programs. Pets are welcome too, allowing the entire family to be safe. Quigley House often operates at or near capacity year round with an average stay of 3 ½ weeks. Specially trained staff and volunteers provide advocacy and accompaniment to survivors of sexual assault 24/7 as well. Last year, staff provided 1,264 hours of sexual assault counseling and accompanied survivors in 3 8 forensic medical exams. All services are free and confidential. At Quigley House, we believe in taking a collective stand to end domestic violence and sexual assault in our community. To that end, we reach tens of thousands of individuals through community education and professional trainings each year. Quigley House provides the following free services to victims ofdomestic violence and/or sexual assault: • *24 Hour Emergency Shelter-Domestic violence victims and their families may stay in shelter anywhere from a few days to eight weeks or longer depending on the case. This service has been offered for 30 years. • *24-Hour Crisis Hotline-Staffed by trained advocates who provide crisis intervention, safety planning, and information and referral to primary and/or secondary victims of domestic violence. This service has been offered for 30 years. • Individual and Group Counseling-In-shelter as well as outreach (in the community) counseling is offered to victims of domestic violence and sexual assault, helping survivors understand the dynamics of power and control. This service has been offered for 30 years. • *Advocacy -Advocates are responsible for meeting participant's immediate needs-safe shelter, food, clothing, necessities. In addition to meeting basic needs, Advocates offer the emotional support that facilitates healing. Advocates also answer the hotline and engage in safety planning. This service has been offered for 30 years. • *Victim Advocacy-Victim Advocates may be located at the courthouse, shelter, or outreach center. Advocates assist victims of domestic violence and sexual assault in obtaining services from social service agencies, legal and judicial system, medical and educational personnel, as well as from social service agencies. The Victim Advocate provides service management, counseling, advocacy, support, crisis intervention, safety planning, lethality assessment, and follow up services to Quigley House adult clients and their families. Victim Advocates also help survivors secure safe, affordable Application is due no later than 4:00 pm Monday, March 11, 2019 2 housing through the ESG (Emergency Solutions Grant-Rapid Rehousing) program. Advocacy has been offered for 20 years and the ESG program for 5 years. • Sexual Assault Advocacy-Trained advocates are available, 24 hours a day/365 days a year, to provide on-the-scene advocacy, crisis intervention, and support after a sexual assault report. This service has been offered for 20 years. • Injunction for Protection Project Attorney-the Attorney provides legal counseling and represents domestic violence victims so they may obtain injunctions for protection against violence from their abusers. This service has been offered for two years. • Economic Justice-Clients receive access to training and resources in order to address the economic conditions that create barriers to long-term independence and safety of survivors and their children. This service has been offered for two years. • *Child Assessment and Counseling-Each child in shelter receives an assessment to evaluate their needs and the most appropriate support services. Our Child Ad vacate engages children in healing activities, teaches coping and conflict resolution skills, and helps them create a plan to stay safe upon leaving shelter. The Child Advocate also works in the community to educate others on healthy relationships. The Child Advocacy and Counseling programs have been provided for 24 years. • Primary Prevention Program-We believe in taking a collective stand as a community to prevent domestic violence before it begins. Primary prevention strategies introduce values and ways of thinking that promote healthy, non-violent relationships. Staff and volunteers work with children in early learning centers through college students. In February 2019, staff visited 11 Clay County Junior High and High Schools for Teen Dating Violence Prevention Awareness. Nearly 1,200 students pledged to maintain healthy relationships free from violence. This program has been provided for 10 years. • Community Education-Quigley House also delivers professional trainings to law enforcement officers, members of the judicial system, medical personnel and others who come into contact with victims of domestic violence and/or sexual assault. Staff members also participate in events to promote awareness of our services. Quigley House has provided Community Education Services for 30 years. • Case Management-Each participant works with a Victim Advocate to assess needs, coordinate services, and develop an individualized plan. Participants receive information and referral to the appropriate agencies for housing assistance, W AGES/TANF benefits, job training, etc. Quigley House has provided case management services for 30 years. • Sexual Assault Center -Certified by the Florida Council Against Sexual Violence (FCASV), Quigley House's Sexual Assault Center is the only certified provider of sexual assault services in Clay County. A Sexual Assault Counselor is available on-call 24-hours a day, 365-days a year to respond to the health and advocacy needs of victims upon sexual assault. Staff respond to calls in the field, work with local law enforcement, contact the licensed physician and Sexual Assault Nurse Application is due no later than 4:00 pm Monday, March 11, 2019 3 Examiner, stay with the victim throughout the forensic exam, and provide continued support through advocacy and counseling. This service has been offered for 6 years. • Pet Shelter -An on-site Pet Shelter Program with a I 0-run dog kennel and a l 60sft. small animal facility allows victims to bring their pets with them as they seek refuge from abuse. Our program is one of only a few such programs in the State of Florida! This service has been offered for IO years. 3. Board Member Listing -Please provide a list of your agency's board members and their affiliation. Board Member Affiliation Kathy Hester RN, Supervisor of Nursing Orange Park Medical Center, HCA Healthcare Jerry Coxen, Jr. Investigations, Public Defenders Office David Mullennix Criminal Investigator, Public Defenders Office Shannah Kosek Supervisor, Adult & Community Education, Clay County School District Raynetta Marshall Engineer, JEA Wayne McKinney Chief of Support Services Division, Clay County Sheriffs Office Lorin Mock Acting County Manager Esther Nichols CPA, The Nichols Group Janie M. Simpson Licensed Clinical Social Worker, Retired Nancy Edelenbos Retired Nurse Billi West Branch Manager, Network Funding Business Owner Latanya Peterson Consultant B. Grant Purpose I. Describe the services to be provided by County grant funds. Victim Advocates may be housed at the courthouse, shelter, or outreach center. Victim Advocates meet with and evaluate the needs of clients served by Quigley House and throughout the community. They provide crisis intervention, case management, safety planning, and referrals to other service providers. Understanding that victims may be intimidated by the judicial system and unsure of options available to them, the advocate plays an important role guiding clients through the legal process. Advocates may assist victims with filing injunctions Application is due no later than 4:00 pm Monday, March 11, 2019 4 for protection, accompany them to court proceedings for support, or help them file victim's compensation claims. Quigley House's attorney and Victim Advocates work closely with the Clerk of Courts and the State Attorney's Office. In FY2017-2018, Victim Advocates provided 1,484 advocacy hours. The Child Advocacy Program provides healing activities for children sheltered at Quigley House. The Child Advocate leads individual and group sessions with topics including how to employ strategies to stay safe, conflict resolution, and setting healthy boundaries. The Child Advocate also leads activities for the children while their parent participates in group counseling. Each child receives an assessment to identify their needs and provide referrals if needed. In FY 2017-2018, the Child Advocate provided 207 child assessments. Sexual Assault Therapy-We hope to expand our therapy services offered by the Sexual Assault Center. We seek to fund a part-time Therapist to reduce trauma and long-term consequences following an assault. We are truly grateful for Clay County Government's partnership and dedication to the Sexual Assault Center. Since Quigley House began providing forensic medical exams for the county, we have witnessed a growing demand for services. In 2017, the Florida Dept. of Law Enforcement reported 133 incidents of sexual assault and 41 incidents within the context of domestic violence. CCSO reported a rise in both sexual assault and domestic violence reports in 2018. Last year, staff conducted 38 forensic medical exams and provided over 1,200 counseling hours. In an effort to enhance services offered, we added a support group specifically for teen survivors of sexual violence. Quigley House provides the following services for survivors of sexual assault. Core Services I. 24/7 hotline services 2. Information and referral 3. Crisis intervention 4. Advocacy and accompaniment services 5. Community awareness 6. System coordination Enhanced Services I. Support groups/personal growth groups 2. Therapy 3. Prevention/risk reduction education 4. Medical intervention/forensic evidence collection 2. Describe the grant's target population and benefits received from the citizens of the County. Quigley House primarily serves Clay County victims of domestic violence and sexual assault. Last year, 95% of clients were Clay County residents. At times, we do provide shelter to victims outside the county when nearby shelters reach capacity or if deemed safer to leave their own community. We always keep a room available for Clay County residents. Quigley House services are available to all individuals without discrimination. In FY2017-2018, we served 81 % female and 19% males; 67.4% White, 18.5% African American, 8.2% Hispanic or Latino, .6% Asian American, .2% American Indian, 5% Other. Application is due no later than 4:00 pm Monday, March 11, 2019 5 Additionally, of those we served in 2018, 28% were under the age of 18, 11 % were ages 18-24, 59% were ages 25-59, and 2% were older than 60. Approximately half of participants in shelter were children. Typically, individuals have exhausted all other options when they tum to us for services. Once a person enters shelter, additional needs are usually identified. Victim Advocates are able to help victims in a number of ways that lead to independence and self-sufficiency, for example, securing a job and affordable housing. The needs for safe housing and economic resources to maintain housing are the two most pressing concerns amongst individuals leaving abuse. Offering emergency shelter reduces the number of displaced or homeless families, as domestic violence is the leading cause of homelessness for women. With support from our partner organizations and donors, we are able to provide all basics needs, such as food, clothing, personal items, diapers, and over-the-counter medications. Participants in shelter and outreach also receive vouchers to the Thrift Store for clothing and other household items. We offer transportation to job interviews, medical appointments, and counseling. The Child Advocacy program allows children who have witnessed and felt the stress of domestic violence in their life a chance to heal. When victims and their children are able to live and work without fear and interference from their abuser, the result is a more stable workforce and healthier community. Studies show that domestic and sexual violence has an enormous economic impact. According to a study by the Center for Disease Control and Prevention, the cost of intimate partner violence exceeds $5.8 billion each year, $4.1 billion of which is for direct medical and mental health services. After homicide, sexual violence is the most costly violent crime in the U.S., costing $151,423 per incident (DeLisi, et al., The Journal ofForensic Psychiatry & Psychology Vol. 21, No. 4, August 2010). Sexual violence survivors experience reduced income in adulthood as a result of victimization in adolescence with a lifetime income loss estimated at $241,600. Sexual abuse also interferes with an individual's ability to work. Fifty percent of sexual violence victims had to quit or were forced to leave their jobs following an assault. Early intervention can mitigate costs and consequences. A 2006 study found that when victims receive advocate assisted services following assaults, they receive more referrals and services and experience less trauma and psychological distress. Survivors with advocates are 59% more likely to have police reports taken that survivors without advocates, whose reports were only taken 41 % of the time. Supportive interventions and therapy help prevent complex, long term health and mental health struggles among survivors. 3. Describe the qualifications of key staff and volunteers that will be responsible for implementing the grant. Victim Advocate Qualifications: BA in human services field with experience in crisis intervention and working with victims of domestic violence preferred. AA or equivalent considered with at least two years applicable experiences. HS diploma or GED considered with at least four years applicable experience preferably working in a certified domestic violence center. The Victim Advocate receives Core Competency Certification from the Application is due no later than 4:00 pm Monday, March 11, 2019 6 Florida Coalition Against Domestic Violence and Advocacy Core Training from the Florida Council Against Sexual Assault. Responsibilities include: • Direct services to shelter and/or adult domestic violence and/or sexual assault clients. Services include case management, crisis intervention, legality assessment, safety planning, advocacy, information and referral, and assistance filing victims' compensation. • Contact and follow-up with referral providers to ensure that victims' needs are being met. • Participate in coordinated community response meetings and other related community support meetings to further implement services for victims. Network with referral sources and other service providers as appropriate. • Assists victims with completing, filing, and obtaining an IFP as well as support, preparation and accompaniment to civil court hearings. • Provides support, preparation and accompaniment for victims regarding criminal court hearings as well as obtaining services from the State Attorney's Office. • Preserves integrity and quality of client service programs by maintaining accurate and thorough statistics and records of domestic violence and sexual assault client services and staff activities. • Participates in community education presentations and/or public relations events promoting Quigley House services and domestic violence education/prevention programs. Child Advocate Qualifications: Minimum high school diploma; two years of college preferred. Child Advocate must have experience in working with children. Completion of advocacy training required within three months of hire. Child Advocate must be certification in first aid and C.P.R. Child Advocate receives Core Competency Certification from the Florida Coalition Against Domestic Violence and Advocacy Core Training from the Florida Council Against Sexual Assault. Responsibilities include: • Coordinates basic needs assessment, intervention, and supportive counseling services for children. • Provides guidance and counseling services in a group setting to children in shelter. • Provides evening activities to children in shelter through educational and recreational activities to include but not limited to, tutoring, birthday parties, and holiday events. • Maintains contact with child's counselor and parent regarding their behavior, progress, and notes any concerns. Sexual Assault Therapist Quigley House seeks to fund a part-time Licensed Therapist. Qualifications include: • Minimum of a Master's Degree in psychology, social work, or related area. State of Florida License or license eligible: LCSW or LMHC. Clinical experience with emphasis on domestic violence or sexual assault is preferred. • Knowledgeable about the principles of sound therapeutic practices with survivors of sexual violence, working with the continuum of sexual violence services. Application is due no later than 4:00 pm Monday, March 11,2019 7 • Evidence of using therapeutic practices including alternative/holistic methods of healing from trauma. • Completion of ACT (Advocacy Core Training) training from the Florida Coalition Against Sexual Violence • *Therapy is a Direct Service Standard for certification through the Florida Coalition Against Sexual Violence C. Accountability 1. Provide a timetable for accomplishing milestones, major activities, and main grant targets for the services to be provided by County grant funds. Please reference specific dates, months, stages, etc. Milestone, Major Activity, Target Reference -Time/Date/Stage QIHire Sexual Assault Therapist Provide 400 sexual assault counseling hours Ongoing-total by the end of FY2019-2020 Provide shelter to 260 individuals. Ongoing-total by the end of FY2019-2020 Ongoing-total by the end of FY2019-2020 Ongoing-total by the end of FY2019-2020 Provide 1,000 domestic violence counseling hours 200 children served by Child Advocate Assist 120 clients with filing for Victims Compensation Ongoing-total by the end of FY2019-2020 Provide 1,200 units of Information and Referral to other services, supports, and resources (including legal, medical, and other social services) Ongoing-total by the end of FY2019-2020 97% of adult victims in shelter more than 72 hours will have a safety and security plan when they leave shelter. Ongoing 97% of adult survivors leaving emergency shelter will have a case management in place. Ongoing 20% of adults leaving emergency shelter will receive housing assistance. Ongoing 2. Please describe the method(s) you will use to evaluate whether your clients, participants or the citizemy have benefited from services. At Quigley House, our first responsibility is to the victim. We provide the necessary services to guide domestic violence and sexual assault victims through the healing process while respecting each individual's wishes and needs. Successful completion is difficult to measure for some of our services. We measure our success by the successes of our clients. These can include: calling the crisis hotline in the first place ( which takes a lot of courage), finding a job, relocating, pursuing legal and criminal charges, or regular attendance at supp01t groups. Program success is measured through various means. These may include follow-up surveys and questionnaires. Participants are asked to fill out a survey; once the survey is complete the survey is placed in a sealed envelope and placed in the CEO's mailbox. Participants are asked: Application is due no later than 4:00 pm Monday, March 11, 2019 8 SAC-Victim's Compensation $3,000 $3,500 .18% $3,500 .17% Interest Income $4,845 $5,000 .26% $5,500 .27% Thrift Store $210,281 $189,000 9.83% $190,000 9.32% Total Revenue: $1,654573 $1,922,963 100% $2,037,791 100% 4. Schedule of Positions: 35.83 FTE % of Budget Allocated to Administration: 16.1% Full Time Position Titles and/or Employee Name Equivalent* CEO 1.0 Administrative Assistant 1.0 Receptionist 1.0 Director of Shelter Services 1.0 Resident Advocates 8.0 Victim Advocates 2.0 CPI Advocate 1.0 Child Advocate 1.0 Lead Victim/Resident Advocate 1.0 Community Education Specialist 1.0 FY 17/18 Actual Salary $111,834 $37,886 $ 13,842 $49,755 $105,787 $41,061 $21,441 $23,031 $41,492 $19,615 FY 18/19 Estimated Salary $99,000 $38,688 $25,709 $50,000 $174,710 $59,906 $31,200 $28,080 $32,760 $29,120 FY 19/20 Proposed Salary $101,970 $39,850 $26,480 $51,500 $214,823 $58,675 $32,135 $29,900 $32,760 $30,000 %of Proposed Salary Increase 3.00% 3.00% 3.00% 3.00% 22.96% 3.11% 3.00% 2.92% 0% 3.02% Maintenance Coordinator 1.0 $20,935 $24,960 $25,700 2.96% Director of Sexual Assault Services 1.0 $45,943 $50,000 $52,000 4% Sexual Assault Advocates (I FT + 1.3 weekend on call) $32,742 $31,200 $32,100 2.88% 1.0 Sexual Assault Therapist $0 $0 $26,000 0% 1.0 Sexual Assault Counselor $ 34,665 $34,840 $34,840 0% 1.0 Finance Director $52,130 $54,080 $53,560 -.96% 1.0 IFP Attorney (Injunction for Protection) $62,143 $68,202 $70,240 2.99% 1.0 IFP Paralegal $0 $37,440 $37,440 0% 1.0 Economic Justice Advocate $35,771 $ 36,067 $37,150 3.00% 1.0 Finance Assistant $ 41,475 $40,560 $39,100 -3.60% 1.0 Outreach Advocate $ 19,688 $34,320 $35,350 3.00% Application is due no later than 4:00 pm Monday, March I I, 2019 I I I. Along with submission of the funding request, the following supporting documents shall be furnished: • JRS ta:t-e:tcmpt letter confirming 501(c)(3) nonprofit status • most recent Solicitation License; if exempt, submit exemption letter • Certificate of Liability Insurance • most recent IRS income tax return (Form 990) 2. If funding is approved by the County. applicant acknowledges that il may be requested by the County to provide documentation of expenditures, and an annual audit of all grant funds, financial statements, mid-year program report, or any other additional documentation or supporting documents requested. Failure to comply with any such request may jeopardize future funding from the County. 3. Submit seven (7) copies of your completed application 110 later t/1011 ~:OU PM Mondav, March 11, 2019 to: Clay County Board of County Commissioners Attn: Budget Ollice PO Box 1366 477 Houston Street, 4th Floor Green Cove Springs, FL 32043 Signing below acknowledges that this funding application has hccn completed accurately. All information submitted with this application will become a matter of puhlic record, and open to inspection by any citizen or the State of lllorida subject lo Ch.,ptcr Il9, Florida Statues. Executive Director Anadelle M. Martinez-Mullen (Type Numc) Board Chair Kathryn Hester ~(4U/V'7~ r (Signature) RECEI VED PURCHASING DIVI SIO N 2019M AR 11 PM 2: 49 "!.A VCOUNTY BOARD OF '':i ~J r, uIc• ,, -~ ·1\/r t \rw r:r:-. Rs . • , \J Clay County Purchasing Division 4 77 Houston Street PO Box 1366 Green Cove Springs, FL 32043 Receipt for Bid #: Company Name: Clay County Board of County Commissioners Nonprofit Agency Grant Application Funding request for FY 2019-2020 A. Applicant Information: Applicant Name: Clay Behavioral Health Center, Inc. (CBHC) Physical Address: 3292 County Road 220, Middleburg, FL 32068 Mailing Address: 3292 County Road 220 City/State: I Zip: Middlebunt 32068 Phone: 904-291-5561 Fax: 904-291-5575 Website: www.ccbhc.org I Federal Tax ID#: 59-2219317 Executive Director: Irene M. Toto, LMHC Primary Contact: Tina M. Swathwood Title: Director of Business Operations Email: Tina.Swathwood(a)Firstinclay.org Amount Requested: $400,000 Amount Awarded (Budget Office use only): Pl ease prov1'd b . f statemen o your orgamza ion s m1ss1on an d goa s.ea ne t f f Mission: Mission Statement: Clay Behavioral Health Center is dedicated to improving the quality oflife for Clay County residents by providing affordable mental health and substance abuse services through a comprehensive community-based approach to care. Vision Statement: Building a Healthier Community, One Life at a Time. Goals: I. Create and sustain healthy communities that support prevention and wellness in areas where people live, learn, work and play. Streamline services and reduce barriers to services. 2. Advocate for increased access to behavioral health services, adequate funding and a place in the overall continuum of healthcare services. Maximize agency resources and maintain fiscal responsibility. 3. Increase community awareness of behavioral health issues. 2. Please provide a brief description of all agency programs and services and indicate the number of years ( or months) you have provided each program or service. Please place an asterisk in front of any program or service that is supported by County funds. Application is due no later than 4:00 pm Monday, March 11, 2019 ACCESS/EMERGENCY SERVICES * Crisis Intervention -Triage and/or referral for people experiencing mental health and substance abuse problems can be obtained by dialing 904-291-5561 x 5002, 24 hours a day. Walk in intervention is also available Monday-Friday, during regular business hours. (31 + years) * Intake/ Admission Screening -Assessment for services and financial assistance to pay for services can be obtained on walk in basis Monday through Friday. The Agency also offers Open Access allowing individuals to walk in without an appointment and be seen by a counselor, based on availability, Monday through Friday 8:00am ~ 4:00 pm. If a counselor is not available, an appointment will be scheduled for an intake. (31 + years) * Mobile Response Team -CBHC recently became the provider of Mobile Crisis Services to individuals up to age 25 who live in Clay County and are experiencing a mental health crisis. Services available 24/7 365 days a year with a 60-minute response time. CBHC is coordinating crisis response in collaboration with community partners including the Clay County School District and local law enforcement (in implementation phase) MEDICAL SERVICES * Medication Management CBHC provides Psychiatric Evaluations and Medication Management follow-up services for Clay County residents who have mental health or behavioral illnesses that require medication. These services are provided by a staff of licensed Psychiatrists, Physicians, Nurse Practitioners, Registered Nurses, and Certified Medical Assistants. This also includes injections, prior authorizations, and collaboration/coordination with other programs and organizations. For example, case management services, outpatient counseling services, substance abuse services, Clay County schools, Clay County jail system, and other community wide organizations. CBHC has several programs to assist clients who are low income or uninsured in obtaining costly psychotropic medications which they can't afford or have access to. The Indigent Drug Program (ID P) obtained through our state contract for over 30 years, provides access to over $50,000 annually for discounted psychotropic medications. The Patient Assistance Program provides needed medications through drug companies that offer medications to these clients through an application process. Approximately 100 county residents are participating currently. They are receiving over $800,000 annually in psychotropic medications from this particular program. Americares is a program which provides donated medications to medical providers. CBHC applied for membership in 2015 when psychotropic medications were added to the available stock. These medications are available to any one of our approximately 1500 active medication management clients that exhibit the need. * Health Matters -SAMHSA grant funded program to provide Integrated Health Care in a behavioral health setting. Our program provides primary care 40 hours per week at our County Road 220 location in Middleburg. Also, through the grant, we provide groups and classes in order to promote health and wellness. Target participation of 101 clients was met for year one as well as 248 for year two. We currently have met and exceeded our third-year goal of 387 participants. The goal is to improve client outcomes based on treating the person as a whole person; integrating mental and physical health while providing support and coping skills, not just treating isolated symptoms. Grant will end September 30, 2019. We will provide transition services to our clients linking them with primary care providers in the community to continue to promote and integrate physical health with their psychological wellbeing. (5 years) Application is clue no later than 4:00 pm Monday, March 11, 2019 2 CLINICAL SERVICES Intensive Family Services * In-home Family Counseling and Reunification Program provides prevention, intervention, preservation, and treatment services to high risk families involved with the child welfare system. These families have had children removed from the home due to abuse and neglect or are at risk of having their children removed. Services are individualized and may be provided in home or out of home depending on the family's needs. The goal of services is to preserve and/or reunify families. The client is successfully discharged upon completion of their treatment plans goals which are developed with the child, family, and clinician. (12 years) * Trauma-Informed Care Certified Trauma Professionals available to assist in providing treatment to children and adults in Clay County who are experiencing a traumatic event. Trauma Clinicians participate with DCF, Kids First of Florida and Law Enforcement. Crisis Intervention services available to those experiencing an immediate traumatic even such as but not limited to -death of a parent, death of a child, fire, suicide, etc. The client is successfully discharged upon completion of their trauma informed treatment plans goals which are developed with the child, family, and clinician; utilizing trauma focused cognitive behavioral therapy. (7 years) * In-home Parenting Education and Support -Preventative services for parents who are at risk oflosing their children or are requesting more skills to better parent their children in their home utilizing evidenced based practices. Active engagement and homework completion for 10 parent education and suppmt session clients will be successfully discharged and receive a certificate of completion. Attendance certificate will be given if they showed up for each session and were not actively engaged and showing behavior changes. (11 years) * Parenting Co-parenting-Program to assist parents who are not living together but co-parenting their children. Services are provided to each parent individually in an environment that is comfortable to them. Active engagement and homework completion for 10 parent education and support session clients will be successfully discharged and receive a certificate of completion. Attendance certificate will be given if they showed up for each session and were not actively engaged and showing behavior changes. (6 years) * Parenting In-jail-Program provides evidenced based services to a parent who is in jail and in need of parent education, sessions occur at the jail. Active engagement and homework completion for 10 parent education and support session clients will be successfully discharged and receive a certificate of completion. Attendance certificate will be given if they showed up for each session and were not actively engaged and showing behavior changes. (6 years) * Parenting Group-Treatment services for parents who have lost custody of their children and are in need of an evidenced based parent education program. Program meets in an office setting. Upon completion and active engagement of entire six parenting groups participants will receive a certificate of completion. Attendance ce1tificate will be given if they showed up for each session and were not actively engaged and showing behavior changes. (22+ years) * Therapeutic Visitation-Court ordered visitation with a master's level clinician. Sessions are driven by the child's willingness to share and process feelings regarding removal or lack of contact with the guardian. Three therapeutic visitations are given and then a letter regarding clinical recommendations are given to the CPI/FSC. (3 years) Adult Community Base<! Services * Psychosocial Rehabilitation Intensive outpatient program for adults with serious and persistent mental illness, focuses on independent living, pre-vocational and coping skills. (30+ years) Application is due no later than 4:00 pm Monday, March 11, 2019 _) ,., * Life Skills -Structured education and counseling curriculum to develop coping/emotion regulation, communication and interpersonal skills. Evidence based treatment -utilizing the Dialectical Behavioral Therapy model. (23+ years) * Lombard Apartments Supported Housing -Four apartments able to house eight clients who are receiving case management services and who have an income to support independent living. (22+ years) * Vocational Services -Support in finding, maintaining and keeping competitive employment. Includes job coaching and on-call support to clients and employers. The vocational program has two contracts with the Department of Education (VR) for Supported Employment and Employment Services. (23 years) * Drop-in Center -Consumer-run peer support, providing social and recreational opportunities for clients during non-treatment hours. (27+ years) * Adult Crisis Alternative Program (ACAP) - A short-term community-based alternative to hospitalization for people with mental illness. Designed to serve clients who are in need of respite services to avoid the need for more restrictive and intensive interventions. The service may also be utilized by individuals who have been hospitalized for psychiatric care, and are now ready for a less restrictive setting, but not ready to be discharged home. It is a six-bed adult facility with 24-hour staff. Performance indicators for most recent quarter show that 95% of persons receiving services will not require a higher level of care within 30 days of admission, and 95% of persons served will achieve an increased level of functioning from admission to discharge. (15 years) * Unashamed-Overcoming victimization of sexual abuse. Unashamed is a 12-week program that meets weekly. Information covered will include: effects of victimization; emotions; identifying personal strengths; learning coping skills; understanding ambivalence; managing intrusive thoughts; the psychobiology of trauma; establishing boundaries; and building self-esteem. Participants can obtain individual counseling as a pmt of the group. (2 year) * The Loss/Grief Group -This is a 10-week group that meets weekly at the Knight Boxx location. This group will serve adult men and women who have experienced a grief or loss issue, such as loss of job, limb, health, loved one, home, divorce, and so fo11h. The information covered will include the following: dealing with loss; exploring myths about grief; learning about the differences between mourning and grieving; identifying supports; increasing self-care; developing coping skills; and starting the recovery journey. Participants may obtain individual counseling as a part of the group. The group is "open" for two sessions then closes though clients may still be referred and will be seen individually until the new group cycle opens. (2 years) * After Life Skills -is a group targeted for adult clients who have successfully completed the Life Skills program and desire continued interactions to incorporate learned skills to manage interpersonal interactions, regulate their emotions, and tolerate distress. The purpose is to provide client's opportunity to process current events in their own life that have necessitated the use of learned skills and to share successes and barriers to their continued progress. The group is an open group meeting twice monthly. (22+ years) Children's Community Based Services * School-Based Mental Health Clinicians -Services are provided within schools to students with counseling indicated on their IEP and are referred only by the Clay County district office. These services are designed to assist students with emotional/behavioral issues to increase their functioning and skills, both at home and at school so that they can achieve maximum potential. (25+ years) * School-Based Mental Health Clinicians -Services are provided in two Title I schools. Clinicians are at the school daily to work with students and families both individually and in groups. (25+ years) Application is cJuc no later than 4:00 pm Monday, March 11, 2019 4 * Student Assistance Program Services are provided at every Junior and Senior High. Staff meet with at risk students individually and in groups to reduce risk factors and increase protective factors. Staff engage students using the evidenced based curriculum, Too Good for Drugs. (21 years) * Moving Up Program -One-day program of structured activities geared to increase positive behaviors, socialization and provide improved confidence to students who are transitioning into the Junior High School. This program is done in each Junior High School after the school year has ended. (5 years) Adolescent Substance Abuse Services * Outpatient Counseling -Outpatient Counselors provide individual and group counseling for youth involved with alcohol and/or other drugs. This may include working in conjunction with the Department of Juvenile Justice and other referral sources. Drug testing is included during the individual and group process. (31 years). * School-Based Prevention -Individual and group services provide support and prevention to at-risk students in each Clay County Junior and Senior High school, including Bannerman. Students receive education about choices involving alcohol and other drugs, and to avoid the need for more intensive services. Prevention Specialist's use the Evidence Based Programs Project Success and Too Good for Drugs. These services include an ongoing collaboration with the Clay County School Board and the Clay Action Coalition. (21 years) * Drug Testing -An initial drug test and consultation is available to parents who are concerned about a child's suspected or potential drug use. If requested, recommendations for treatment can be provided. (31 years) * Community Action Treatment Team (CAT) is a team of therapists, case managers, mentors, nurse, and psychiatrist. The team provides intensive services to high risk youth and their families. Wrap around services are focused on keeping children, adolescents, and young adults in their homes, schools and communities. Services are designed to coordinate multiple systems and resources while removing any barriers that may prevent access to care. (2 years) Adult Substance Abuse Services * Outpatient Counseling -The Traditional Outpatient (8 weeks) and Extensive Outpatient (12 weeks) programs use a solution-focused evidenced based treatment curriculum, Living in Balance, this program can be used either individually or in a group setting for adults who are abusing substances. This is an abstinence-based program whose referral sources can be The Department of Children and Families, Kids First of Florida, Probation (Misdemeanor and Felony), Northeast Florida Safety Council as well as others. The groups are offered in the morning and evening. Consumers who participate are drug tested weekly, attend community support meetings and education is be provided for interested family members and friends. (31 years) * Intervention -Interactive 4-week education program for those at risk of substance abuse. This is abstinence based and includes weekly drug screens and attendance at community support meetings. (31 years) * Adult Drug Court Program -A coordinated effort between the courts, law enforcement, probation and treatment services. The goal of Drug Court is to intervene and break the cycle of substance use, addiction and crime, by offering a diversion from incarceration in certain cases. This program is a year-long abstinence-based program that uses the Evidence Based curriculum, The Matrix. Clients participating in the Drug Court program also can be referred for Psychiatric services and various other groups within the agency, (Anger Management, DBT, Depression and Anxiety group among others). Adult Drug Com1 clients must complete Moral Reconation Therapy. Gender specific groups meet weekly. Group members attend community support groups and are seen in court in the beginning weekly and then as they progress, at lesser intervals. (l 4 years) Application is due no later than 4:00 pm Monday, March 11, 2019 5 * Veterans Drug Court Program -A coordinated effort between the courts, law enforcement, Veterans Administration and treatment services. The goal of Veterans' Drug Court is to intervene and break the cycle of substance use, addiction or mental health, by offering a diversion from incarceration in certain cases. This program is a year-long abstinence-based program that uses the Evidence Based curriculum. The Matrix. Clients participating in the Drug Court program also can be referred for Psychiatric services and various other groups within the agency, (Anger Management, DBT, Depression and Anxiety group among others). Group members attend community support groups and are seen in court in the beginning weekly and then as they progress, at lesser intervals. ( 4 years) * HIV Edueation -Consumers are provided community-based education for HIV/AIDS. Substance Abuse clients are required to complete a one-hour course before the end of their treatment. HIV testing is available if requested. ( 16+ years) * Marchman Court-Family members and friends can petition the court to intervene in a family members substance use/abuse. The court system can order an evaluation and treatment if needed. CBHC assess the client and makes a recommendation to the court. The court can then order the client to complete the recommended treatment. ( ongoing) * Dual Diagnosis/Co-Occurring Services -This 12-week group is designed specifically for individuals with co-occmTing substance abuse and mental health disorders. This program uses a solution-focused evidenced based treatment curriculum, Living in Balance. This can be used either individually or in a group setting for adults who are abusing substances and have a mental health diagnosis who need monitoring or treatment. This is an abstinence -based program that requires weekly drug screens and attendance at community support meetings. ( 16+ years) Outpatient Mental Health Services * Outpatient Counseling Outpatient Mental Health Counselors use Cognitive Behavior Therapy as well as other brief solution-focused treatment to provide individual and group counseling for children, adolescents and adults. Groups include Adult and Adolescent Anger Management, Depression/Anxiety, Social Skills for Elementary, Junior High and Services provided at our locations in Middleburg, Keystone Heights and Green Cove Springs. Mental Health counseling services are provided in the Clay County Schools for children who have counseling on their Individual Education Plan (IEP) (36 years) * Outreach -CBHC provides a counselor one day per week at PACE Center for Girls. Students are seen individually and, in the Teens, United group which provides social skills for teenage girls. (3 year) * Outreach -In an effort to address higher than average suicide rates, CBHC and the Department of Health -Clay County formed a collaboration to provide a Mental Health counselor at the Bear Run Teen Clinic. Resource and referral information is provided to interested teens. (1 year) * Parenting Program -Counseling and education program designed to help parents learn and apply principles of positive parenting. Parenting, communication, and nurturing skills may be delivered either in a group or individual format depending on the needs of the family. (21+ years) Helping Everyone's Life Matter * HELM Program -Services provided to individuals ages 15-36 who are experiencing their first episode of psychosis. Using the evidence based NAVIGATE model, the program is recovery based and provides Individual skills training along with family education and support. (3 years) CASE MANAGEMENT SERVICES * Adult Case Management-Case Managers provide advocacy, link with resources and monitor progress of adults with serious and persistent mental illness who have a history of hospitalizations. Services are designed to assist these individuals with remaining successfully in the community. (32+ years) Application is due no later than 4:00 pm Monday, March I I, 2019 6 * Children's Case Management-Staff develops linkages for families in need of multiple services; client advocacy, monitoring and liaison among schools, agencies and families. Services are designed to assist youth in remaining in the least restrictive setting while receiving services and treatment for their behavioral health issues. Clients will be successfully discharged from CCM when stable for four months as reported by teachers, parents, and clinicians (32+ years) * Family Intervention Specialist-Staff develops linkages and assessments for parents and adolescents in need of substance abuse interventions. Staff completed Mental Health and Substance Abuse assessments and recommends level of treatment individualized for each person. Discharge will occur when parents/adolescents have engaged in substance abuse services for a minimum of half the recommended treatment duration and show no need for outside supports. (12 years) * Substance Abuse Case Management -The Case Manager can provide advocacy, link with resources and monitor progress of adults with substance abuse issues. Services are designed to follow up with individuals who are not attending substance abuse services, need additional drug screening or need to be linked to additional services designed to help these individuals with remaining successfully in the community. The Case Manager is available each week during Dependency Court. (22+ years) 3. Board Member Listing -Please provide a list of your agency's board members and their affiliation. Board Member Affiliation William J. Simmons, Ph.D. Board Chair 1828 North Glen Circle Retired Provost of St. John's River Community Middleburg, FL 32068 College, Orange Park Campus Nancy Sweatland Board Vice-Chair 1000 Pinewood Court Apt 206 Client Advocate Green Cove Springs, FL 32043 Daniel Becton, Ph.D. Board Member 2408 Golden Bell Lane Retired School Board Fleming Island, FL 32003 Mike Elia Board Member 2671 Countryside Drive Principal of Clay County School Fleming Island, FL 32003 Maude B. Jackson Board Member 2774 Burroughs Road Retired School Teacher Middleburg, FL 32068 Kent Rutherford Board Member 205 N. Ba11ram Trail Retired Florida Air Guard Jacksonville, FL 32259-8816 Janet S. Fox Board Member 1476 Scarlett Way Retired LMH C Fleming Island, Florida 32003 Rindetta D. Stewart Board Member 5315 Razorback Court Retired Educator Middleburg, FL 32068 Nate Woodrum Board Member 2352 College Street Apt B Adams & Harper, P.A. Jacksonville, FL 32204 Orange Park, FL 32073 Application is due no later than 4:00 pm Monday, March 11, 2019 7 B. Grant Purpose 1. Describe the services to be provided by County grant funds. County Grant funding is allocated across many programs and services. Funding received from the County grants is used as match funding required by our contract to leverage other state and federal dollars. The funding provided by the County grant assists CBHC in meeting this match requirement which allows an additional two million dollars in funding to be utilized to provide services to Clay County residents. 2. Describe the grant's target population and benefits received from the citizens of the County. CBHC serves residents of Clay County. Our priority target population is legislatively mandated and is outlined in our contract as follows: • Adults with Severe and Persistent Mental Illness • Adults with Serious and Acute Episodes of Mental Illness • Adults with Mental Health Problems • Families involved with the Child Welfare system. • Children who are Seriously Emotionally Disturbed • Children who are Emotionally Disturbed • Children who are At Risk of Emotional Disturbance • Adults with Substance Abuse Problems • Children with Substance Abuse Problems Clients may be self-referred or referred by family, the court system, local health care providers, hospitals, community agencies, teachers, social workers and other school employees, local churches and law enforcement, among others. CBHC services are available to all residents of Clay County and clients served come from all areas of the County. Demographics of clients served closely resemble overall demographics of the County. Green Cove Springs, Middleburg and Orange Park are most represented in the number of residents served, and the number of clients from Keystone Heights is growing. CBHC works in collaboration with local schools, area churches and other agencies to coordinate care to the residents in the Keystone Heights area. CBHC continues to operate Neighborhood Resource Centers in Keystone Heights and Green Cove Springs, which allows community residents to access needed referrals and resources. The space is also available for community partners to use for community events. DCF and the Florida Department of Health are among the groups using the resource Centers to offer services to community members. CBHC has recently opened an additional location in Orange Park to provide outpatient substance abuse services including medication assisted treatment. The most recent County Health Improvement Plan conducted by the Health Planning Council of Northeast Florida and the Florida Department of Health identified Mental Health, Healthcare Access and Healthy Behaviors and Prevention as priority issues. There is a need for community residents to have access to affordable effective behavioral health services. CBHC continues to provide that access to the degree possible with existing funding, although it is recognized that demand often exceeds capacity. A work group of Community stakeholders including CBHC regularly meet to review the action plans and update progress towards goals. Application is due no later than 4:00 pm Monday, March 11, 2019 8 Research indicates 1 in 5 individuals experience a diagnosable mental illness in any given year. It is important to acknowledge that behavioral health is as important to overall functioning as physical health. Research also shows that behavioral health treatment works. The best treatments for mental illnesses today are highly effective; between 70% and 90% of individuals have significant reduction of symptoms and improved quality of life with a combination of pharmacological and psychosocial treatments and supports. Recovery is possible, and prevention and intervention programs are effective and can prevent the need for more intensive services. Clay Behavioral Health Center, Inc. (CBHC) is the nonprofit agency providing mental health and substance abuse services to the residents of Clay County. CBHC has been a community pai1ner to Clay County since 1982. CBHC provides treatment services to children, adults and families in the community who struggle with mental illness and substance abuse. These priority clients are able to access quality services that allow them to function successfully in the community. CBHC provides outreach and prevention services designed to identify problems and allow access to early intervention. Services are provided on a sliding fee scale based on income. 94% of all persons served by CBHC are indigent, at or below the poverty level. In FY 2017-2018 Clay Behavioral Health Center provided services to 5,679 Clay County residents, 4,052 adults and 1,627 children. CBHC continues to advocate for ongoing state funding to maintain the Crisis Alternative Program and expand services provided to those County residents experiencing a mental health or substance abuse crisis. CBHC maintains a relationship with local law enforcement and provides trainings to CCSO and police department professionals. Trauma Certified therapists from CBHC are routinely contacted to assist DCF and law enforcement with removals due to child abuse and other traumatic events involving children. The impact of untreated mental illness on health and productivity in the United States has been long underestimated, and recent data from studies conducted by the World Health Organization, among others, reveals that mental illness accounts for over 15% ofthe disease burden in the United States. This is more than the disease burden caused by all cancers. Mental Disorders are the leading cause of disability in the United States. Individuals with serious mental illness face an increased risk of having chronic medical conditions. Adults with serious mental illness die years younger than other Americans, largely due to treatable medical conditions. In 2015 CBHC was awarded a grant from the Substance Abuse and Mental Health Services Administration for the integration of primary care and behavioral health services. This has allowed increased access to healthcare for underserved and high-risk populations and is an additional resource for Clay County residents which aligns with the needs identified in the Health Improvement Plan. CBHC continues to collaborate with local health care providers and to provide outreach for behavioral health services to physical health care locations. CBHC works closely with the Way Free Clinic and provides onsite counseling to high risk individuals. All efforts are targeted to reach priority populations and to maximize resources. We maintain ongoing collaborations with Orange Park Medical Center. Palms Medical Group. Azalea Health. St Vincent's Clay, Baptist Medical Center and the Clay County Department of Health. Application is due no later than 4:00 pm Monday, March 11, 2019 9 CBHC continues to emphasize the need to improve the integration of appropriate substance use/misuse prevention messaging, screening and assessment into routine medical care, especially for youth. CBHC works closely with and is a partner of the Clay Action Coalition. The Coalition is a group of community stakeholders working to implement county wide strategies to combat underage drinking and address other issues facing our youth. Underage drinking costs Florida $3.7 billion or an estimated $2,383 for each youth. CBHC has increased services to at-risk students in Clay County schools, and currently has Prevention Specialists located in junior and senior high schools throughout the county. Additionally, qualified counselors provide onsite services to EBD students in Clay County schools, and CBHC has expanded services to provide counseling at three Title I schools in the County. Suicide is listed as one of the top ten leading causes of death in the county. Having a hour crisis line available and providing walk in access and crisis intervention services at our Main Center allows CBHC to provide outreach to county residents who may be experiencing a crisis. CBHC continues to have staff trained in Suicide Risk Assessment techniques and Mental Health First Aid, allowing them to become more proficient in assessing at risk individuals. CBHC also offers the Mental Health First Aid training to interested community members at no charge. CBHC's Resource Centers provide outreach access and follow up to parts of the county identified as high use areas. CBHC was recently awarded the contract to provide a Mobile Response Team (MRT) to Clay County residents. The MRT is a mobile crisis team that is available for individuals up to age 25. who are experiencing a mental health crisis. The MRT is accessible 24/7 365 days a year and provides onsite crisis response within 60 minutes of a call for assistance anywhere within Clay County. The Florida Department of Children and Families utilizes a Managing Entity (ME) model to contract for Mental Health and Substance Abuse Services in the state. In the North-East Florida Region, the ME is Lutheran Services of Florida. (LSF) CBHC maintains compliance with all contractual requirements of LSF and routinely meets or exceeds performance measures. Clients in crisis continue to be seen immediately, and CBHC utilizes an Open Access Model, which reduces wait times for individuals seeking services and allows same day service. For FY 18/19 the anticipated, uncompensated care total is over 400,000. Additional statistics from the Department of Children & Families indicate the following: Despite being the third most populated state, Florida's per capita funding for mental health and substance abuse services remains near the bottom of the funding scale in the nation. • Nearly two thirds of Florida's inmates report significant alcohol and drug problems. • 70% of youth in Juvenile Justice Systems have at least one mental health disorder with at least 20% experiencing significant functional impairment from a serious mental illness. • It is estimated that between 50% to 85% of all cases of child abuse and/or neglect involve mental health or substance abuse. • An estimated 50% of abused or neglected children in the child welfare system have a mental health problem. • A significant percentage of men (25 -50 %) who commit acts of domestic violence also have substance abuse problems. Application is due no later than 4:00 pm Monday, March 11, 2019 IO 3. Describe the qualifications of key staff and volunteers that will be responsible for implementing the grant. Agency CEO Irene M. Toto has over 36 years of experience with non-profit agencies. She holds a Masters Degree, a Certificate in Non Profit Management from Rollins College and is a Licensed Mental Health Counselor. She has been with CBHC since 1994. Irene oversees the Senior Management Team of CBHC, which includes Tina Swathwood, Director of Business Operations (20 years with CBHC) and Elizabeth Franco, Director of Clinical Operations. (20 years with CBHC). CBHC currently employs 136 regular employees (120 full-time, 16 part-time, including 6 peer specialists) and 7 PT contract employees. The agency also has 8 interns. There are currently 8 full time vacancies. New employees, interns and volunteers must satisfactorily complete a level 2 background screening which includes FBI/FDLE fingerprinting, local county screening and a pre-employment drug screening. Level 2 background rechecks are completed with every five years of employment. CBHC has a large number of professional, educated, experienced and dedicated staff. 20% of employees are licensed in the State of Florida (MD, PSY, ARNP, RN, CMA, CNA, LMHC, LMFT, LCSW, CAP). Professional licensure is verified at time of initial hire and then on an annual basis. 76% or 103 employees have earned advanced college degrees, 36% with Bachelor's degrees; 37% with Master's degrees and 3% with higher level academic degrees. All clinical positions require a minimum of one year's related work experience with a majority of employees coming to the agency with at least three to five years' experience. 70% of positions provide direct service to clients; 22% are in program support positions; and 8% are in senior management; mid-management or supervisory positions. 25% of employees have been with CBHC less than three years. 41 % of employees have been with the agency at least three years; 16% have been with the agency five or more years; 9% have been with the agency ten or more years; 9% have been with the agency over fifteen years. C. Accountability 1. Provide a timetable for accomplishing milestones, major activities, and main grant targets for the services to be provided by County grant funds. Please reference specific dates, months, stages, etc. Milestone, Major Activity, Target Reference -Time/Date/Stage To sustain a comprehensive community-based system of Added 1st episode psychosis services to care, to meet the identified needs of the community. eligible children and young adults -latest Expand existing resources and secure additional sources funding secured in July 2017. Awarded of funding to meet the growing demand for services. contract through RFP for Community CBHC continues to develop services and expand Action Team in October 2017 intensive programs in response to community needs. wrap around services provided to high risk youth and families in the community. CBHC added care coordinator position in 2017 to provide outreach to local hospitals and crisis stabilization units. Participating in pilot project with Clay County DOH to provide outreach to teens in the area of suicide prevention. Annual and ongoing Application is due no later than 4:00 pm Monday, March 11, 2019 1 1 review of achievement of fiscal and programmatic benchmarks. Secure recurring legislative funding through the Department of Children and Families for the Community Crisis Alternative Program Submitted legislative funding request to secure recurring funding for the Community Crisis Program and for additional substance abuse services for high risk individuals in the community including parents involved with the child welfare system. Request submitted in November 2017, continued funding approved pending Governors approval. CBHC submitted an additional legislative funding request Request submitted in December 2017 for funding to address the growing opioid crisis in Clay funding approved pending Governors County. Collaborative partners arc St. Vincent's Clay and approval Gateway Community Services Activities and services for PBHCI (Primary and Behavioral Health Care Integration) grant federal funding through SAMHSA in partnership with community providers. Continue to offer primary care services to individuals with Mental Health and Substance Abuse Disorders plan to apply for new grant funding at end of current cycle. Current grant runs through 2019, CBHC will submit new grant request for additional 3 years of funding. Maintain CARF accreditation -through reaccreditation process Re -accreditation achieved in June 2017. Agency received maximum 3 year accreditation with commendations. 2. Please describe the method(s) you will use to evaluate whether your clients, participants or the citizenry have benefited from services. CBHC has maintained accreditation through the Commission on Accreditation of Rehabilitation Facilities (CARF) since 1996, with the most recent re-accreditation in 2017. Accreditation from CARF indicates that programs and services substantially meet internationally recognized standards. CARF accreditation also means that an organization has made a commitment to continually enhance the quality of its services and programs. CBHC utilizes a Quality Improvement Program that establishes goals and measures progress towards meeting those goals. Assessments are completed on each client served upon admission, at regular intervals during treatment and at discharge. CBHC is required to meet specific contractual perfonnance measures as defined by the regional managing entity, Lutheran Services of Florida (LSF). Outcomes are reported on a monthly basis and are monitored regularly by the state. Each person served is expected to participate fully in prescribed treatment and must follow the steps outlined in an individual treatment or service plan. Clients are surveyed at discharge and at a period of time after discharge to gauge satisfaction with and effectiveness of treatment. Pre and post tests are utilized in many of the programs offered by CBHC to determine levels of functioning before and after treatment interventions. Standardized functional assessments are also completed at regular intervals during treatment to determine progress. Confidential client surveys are completed and turned into LSF monthly. Currently CBHC has an overall satisfaction rating of 93% for Adult Services and 95% for Children's Services. Application is due no later than 4:00 pm Monday, March 11, 2019 12 D. Applicant Budget L Total budgeted agency revenue for Fiscal Year 2018-2019: $7,906,100 Total projected revenue for Fiscal Year 2019-2020: $7,766,000 2. Applicant Budget Detail: Revenue FY 17/18 Actual FY 18/19 Est. Actual % of Actuals FY 19/20 Proposed % of Proposed Budget Clay County Government $596,205 $630,000 8% $680,000 9% Other Cities or Counties $0 $0 0% $0 0% State Funding $299,887 $810,000 10% $510,000 7% Federal Funding $2,861,204 $3,125,500 39% $3,140,500 39% Foundations $0 $0 0% $0 0% Program-Generated Revenue $2,399,061 $2,550,600 32% $2,625,500 34% Program-Specific Revenue $436,626 $450,000 6% $460,000 6% Other $328,604 $340,000 5% $350,000 5% Total Revenue: $6,921,587 $7,906,100 100% $7,766,000 100% 3. Is County funding a mandated requirement? YES If yes, please explain requirement: Pursuant to Section 394.76(9)(a), Florida Statutes 4. Schedule of Positions: 129.25 % of Budget Allocated to Administration: 8°/41 Job Title Full Time Equivalent FY 17/18 Actual Salary FY 18/19 Estimated Salary FY 19/20 Proposed Salary % of Proposed Salary Increase ACAP Coordinator 1.00 $33,959.64 $35,009.94 $36,060.24 3% Access Clinician 1.00 $38,800.00 $40,000.00 $41,200.00 3% Access ES Manager 1.00 $48,500.00 $50,000.00 $51,500.00 3% Access/ES Specialist 1.00 $30,719.77 $31,669.87 $32,619.97 3% Accounting Assistant 1.00 $31,428.00 $32,400.00 $33,372.00 3% Accounts Rec Billing Spec 1.00 $27,290.86 $28,134.91 $28,978.96 3% Administrative Assistant 1.00 $30,629.99 $31,577.31 $32,524.63 3% Administrative Assistant 1.00 $22,504.15 $23,200.15 $23,896.15 3% Administrative Assistant 1.00 $32,977.07 $33,996.98 $35,016.89 3% Adult Case Manager 1.00 $34,712.21 $35,785.78 $36,859.35 3% Adult Case Manager 1.00 $30,763.15 $31,714.59 $32,666.03 3% Adult Case Manager 1.00 $26,974.10 $27,808.35 $28,642.60 3% Adult Case Manager 1.00 $36,401.34 $37,527.15 $38,652.96 3% Adult Community Services Clinician 1.00 $36,974.79 $38,118.34 $39,261.89 3% Care Coordinator 1.00 $41,710.00 $43,000.00 $44,290.00 3% Care Coordinator 1.00 $32,980.00 $34,000.00 $35,020.00 3% CAT Case Manager 1.00 $31,040.00 $32,000.00 $32,960.00 3% CAT Case Manager 1.00 $33,473.59 $34,508.86 $35,544.13 3% CAT Clinician 1.00 $33,950.00 $35,000.00 $36,050.00 3% CAT Clinician 1.00 $33,950.00 $35,000.00 $36,050.00 3% CAT Clinician 1.00 $40,740.00 $42,000.00 $43,260.00 3% CAT Therapeutic Mentor 1.00 $22,193.60 $22,880.00 $23,566.40 3% CAT Therapeutic Mentor 1.00 $26,190.00 $27,000.00 $27,810.00 3% CAT Therapeutic Mentor 1.00 $26,190.00 $27,000.00 $27,810.00 3% CA TT Program Coordinator 1.00 $37,830.00 $39,000.00 $40,170.00 3% CA TT Registered Nurse 1.00 $25,220.00 $26,000.00 $26,780.00 3% CCPT Substance Abuse Clinician 1.00 $34,920.00 $36,000.00 $37,080.00 3% Certified Medical Assistant 1.00 $27,259.79 $28,102.88 $28,945.97 3% Certified Medical Assistant 1.00 $24,695.42 $25,459.20 $26,222.98 3% Certified Medical Assistant 1.00 $26,228.80 $27,040.00 $27,851.20 3% Certified Medical Assistant 1.00 $22,637.47 $23,337.60 $24,037.73 3% Children's Case Manager 1.00 $25,220.00 $26,000.00 $26,780.00 3% Children's Case Manager 1.00 $26,756.00 $27,583.50 $28,411.01 3% Clerical Support Specialist 1.00 $27,237.60 $28,080.00 $28,922.40 3% Clinical Director 1.00 $74,278.45 $76,575.72 $78,872.99 3% Clinical Mgr Adult Comm Svc 1.00 $56,513.73 $58,261.58 $60,009.43 3% Application is due no later than 4:00 pm Monday, March 11, 2019 14 Clinical MGR O/P MH Svcs 1.00 $48,500.00 $50,000.00 $51,500.00 3% Clinical MGR O/P MH Svcs 1.00 $56,177.30 $57,914.74 $59,652.18 3% Data Analyst 1.00 $43,533.76 $44,880.16 $46,226.56 3% Director of Business Operations 1.00 $74,817.90 $77,131.86 $79,445.82 3% Diversion Specialist 1.00 $26,228.80 $27,040.00 $27,851.20 3% Diversion Specialist 1.00 $26,228.80 $27,040.00 $27,851.20 3% Diversion Specialist 1.00 $26,228.80 $27,040.00 $27,851.20 3% Diversion Specialist 0.25 $6,557.20 $6,760.00 $6,962.80 3% Diversion Specialist 0.25 $6,557.20 $6,760.00 $6,962.80 3% Doctor of Medicine 1.00 $168,780.00 $174,000.00 $179,220.00 3% Drop In Center Assistant 0.25 $4,539.60 $4,680.00 $4,820.40 3% Drop In Center Assistant 0.25 $4,503.08 $4,642.35 $4,781.62 3% Drop In Center Assistant 0.25 $4,292.39 $4,425.15 $4,557.90 3% Drug Court Clinician 1.00 $31,166.27 $32,130.18 $33,094.09 3% Drug Screen Specialist 1.00 $21,404.72 $22,066.72 $22,728.72 3% Eligibility Specialist 1.00 $26,228.80 $27,040.00 $27,851.20 3% Emergency Services Specialist 1.00 $35,184.52 $36,272.70 $37,360.88 3% Family Intensive Svcs Special 1.00 $36,860.00 $38,000.00 $39,140.00 3% Family Intervention Specialist 1.00 $33,950.00 $35,000.00 $36,050.00 3% Family Intervention Specialist 1.00 $33,950.00 $35,000.00 $36,050.00 3% Family Preservation Clinician 1.00 $33,712.28 $34,754.93 $35,797.58 3% Family Preservation Clinician 1.00 $33,950.00 $35,000.00 $36,050.00 3% Family Preservation Specialist 1.00 $34,467.26 $35,533.26 $36,599.26 3% Fiscal Relations Specialist 1.00 $28,823.84 $29,715.30 $30,606.76 3% Fiscal Relations Supervisor 1.00 $40,612.87 $41,868.94 $43,125.01 3% Front Desk Assistant 1.00 $20,176.00 $20,800.00 $21,424.00 3% Front Desk Assistant 1.00 $21,352.86 $22,013.26 $22,673.66 3% Front Desk Assistant 1.00 $20,176.00 $20,800.00 $21,424.00 3% Front Desk Assistant 1.00 $20,176.00 $20,800.00 $21,424.00 3% Front Desk Assistant 1.00 $21,404.72 $22,066.72 $22,728.72 3% Front Desk Assistant 1.00 $21,404.72 $22,066.72 $22,728.72 3% Front Desk Coordinator 1.00 $23,545.19 $24,273.39 $25,001.59 3% Front Desk Coordinator 1.00 $24,211.20 $24,960.00 $25,708.80 3% HELM Case Manager 1.00 $29,100.00 $30,000.00 $30,900.00 3% HELM Clinician 1.00 $32,980.00 $34,000.00 $35,020.00 3% HELM Clinician 1.00 $35,967.76 $37,080.16 $38,192.56 3% HELM Peer Support Specialist 1.00 $22,193.60 $22,880.00 $23,566.40 3% IFS -Support Services Specialist 1.00 $26,190.00 $27,000.00 $27,810.00 3% IFS Coordinator 1.00 $41,212.91 $42,487.54 $43,762.17 3% Information Mgmt Evaluator 0.50 $25,661.35 $26,455.00 $27,248.65 3% Intensive Services Manager 1.00 $53,350.00 $55,000.00 $56,650.00 3% Lead Nurse Care Coordinator 1.00 $53,511.80 $55,166.80 $56,821.80 3% Maintenance Support Specialist 0.50 $27,289.24 $28,133.23 $28,977.23 3% Manager Grants & Projects 1.00 $51,410.00 $53,000.00 $54,590.00 3% Medical Records Assistant 1.00 $21,285.68 $21,944.00 $22,602.32 3% Medical Records Assistant 1.00 $20,176.00 $20,800.00 $21,424.00 3% Medical Records Assistant 1.00 $21,404.72 $22,066.72 $22,728.72 3% Application is due no later than 4:00 pm Monday, March 11, 2019 15 Medical Records Assistant 1.00 $20,176.00 $20,800.00 $21,424.00 3% Medical Records Coordinator 1.00 $26,753.38 $27,580.80 $28,408.22 3% Medical Records Supervisor 1.00 $48,856.44 $50,367.46 $51,878.48 3% Medication Mgmt Nurse 1.00 $49,230.86 $50,753.46 $52,276.06 3% Medication Mgmt Nurse 1.00 $50,419.82 $51,979.20 $53,538.58 3% Mobile Response Team Clinician 1.00 $48,500.00 $50,000.00 $51,500.00 3% Outpatient Clinician 1.00 $33,959.64 $35,009.94 $36,060.24 3%i Outpatient Clinician 0.50 $19,335.17 $19,933.16 $20,531.15 3% Outpatient Clinician 1.00 $32,970.30 $33,990.00 $35,009.70 3% Outpatient Clinician 0.50 $25,220.00 $26,000.00 $26,780.00 3% Outpatient Clinician 0.50 $16,979.31 $17,504.45 $18,029.58 3% Outpatient Clinician 1.00 $33,045.47 $34,067.49 $35,089.51 3% Outpatient Clinician 1.00 $32,980.00 $34,000.00 $35,020.00 3% Outpatient Clinician 1.00 $33,918.48 $34,967.50 $36,016.53 3% Outpatient Mental Health Coordinator 1.00 $35,909.50 $37,020.10 $38,130.70 3% Outpatient Services Specialist 1.00 $21,608.50 $22,276.80 $22,945.10 3% Peer Support Specialist 0.50 $11,298.56 $11,648.00 $11,997.44 3% Peer Support Specialist 1.00 $26,228.80 $27,040.00 $27,851.20 3% Peer Support Specialist 1.00 $25,220.00 $26,000.00 $26,780.00 3% PSR Coordinator 1.00 $33,955.20 $35,005.36 $36,055.52 3% PSR Specialist I 1.00 $26,753.38 $27,580.80 $28,408.22 3% Psychiatric ARNP 1.00 $116,400.00 $120,000.00 $123,600.00 3% Psychiatric ARNP 1.00 $114,896.50 $118,450.00 $122,003.50 3% Psychosocial Rehabilitation Clinician 1.00 $32,210.98 $33,207.20 $34,203.42 3% Psychosocial Rehabilitation Clinician QI/Training Manager 1.00 $32,987.76 $34,008.00 $35,028.24 3% 1.00 $49,955.00 $51,500.00 $53,045.00 3% Resource & Refe1rnl Clinician Coordinator 1.00 $41,759.47 $43,051.00 $44,342.53 3% Saint Vincent's Clinician 1.00 $38,800.00 $40,000.00 $41,200.00 3% SAP Coordinator 1.00 $36,533.49 $37,663.39 $38,793.29 3% SAP Specialist 1.00 $23,745.60 $24,480.00 $25,214.40 3% SAP Specialist 1.00 $23,280.00 $24,000.00 $24,720.00 3% SAP Specialist 1.00 $23,745.60 $24,480.00 $25,214.40 3% School Based Intervention/Prevention Specialist 1.00 $26,201.93 $27,012.30 $27,822.67 3% School Based Intervention/Prevention Specialist 1.00 $25,212.27 $25,992.03 $26,771.79 3% School Based Intervention/Prevention Specialist 1.00 $26,755.97 $27,583.47 $28,410.97 3% School Based Intervention/Prevention Specialist 1.00 $24,697.75 $25,461.60 $26,225.45 3% School Based Intervention/Prevention Specialist 1.00 $26,201.93 $27,012.30 $27,822.67 3% School Based Intervention/Prevention Specialist 1.00 $24,240.30 $24,990.00 $25,739.70 3% School Based Intervention/Prevention Specialist 1.00 $29,328.84 $30.235.92 $31,143.00 3% Application is due no later than 4:00 pm Monday, March 11,2019 16 School Based Outpatient Clinician 1.00 $30,872.31 $31,827.12 $32,781.93 3% SOAR Specialist 1.00 $30,872.31 $31,827.12 $32,781.93 3% Substance Abuse Clinician 1.00 $35,967.76 $37,080.16 $38,192.56 3% Substance Abuse Clinician 1.00 $33,959.64 $35,009.94 $36,060.24 3% Substance Abuse Coordinator 1.00 $42, I 62.19 $43,466.18 $44,770.16 3% Substance Abuse Specialist 1.00 $32,010.00 $33,000.00 $33,990.00 3% Support Assistant 1.00 $26,753.38 $27,580.80 $28,408.22 3% Supported Employment Spec 1.00 $27,901.05 $28,763.97 $29,626.89 3% Supported Employment Spec 1.00 $31,040.00 $32,000.00 $32,960.00 3% Targeted Case Manager/Forensic Specialist 1.00 $32,980.00 $34,000.00 $35,020.00 3% Training Specialist 1.00 $24,211.20 $24,960.00 $25,708.80 3% Trauma Treatment Clinician 1.00 $34,629.00 $35,700.00 $36,771.00 3% Trauma Treatment Clinician 1.00 $33,950.00 $35,000.00 $36,050.00 3% VA Court Clinician 1.00 $38,508.32 $39,699.30 $40,890.28 3% * Full time staff will be noted as 1.00; half time as 0.50; quarter time as 0.25, etc. E. Budget Narrative 1. From your Grant Budget, please describe how you will expend County grant funds: All County nonprofit grant funds are used to support the availability of qualified professional staff to provide needed services for Clay County children, adults and families. 76% of our total agency budget is allocated to these line items, as our product is the staff who deliver outreach, education, prevention, intervention, emergency response, treatment and follow up services. As the needs increase, our capacity must be expanded to meet these demands. The County funding contributes to this growth. Note: If your agency is granted funds, this information may be included in your contract with the County. Funds will be paid on a reimbursement basis only, and no monies will be distributed up front nor for uses other than requested above. 2. What percentage of grant funding goes to Administration and what percentage goes directly to Programming? I 00% to program funding, 0% to administration Application is due no later than 4:00 pm Monday, March 11, 2019 17 F. Other I . Along with submission of the funding request, the following supporting documents shall be furnished: • IRS tax-exempt letter confirming 501(c)(3) nonprofit status • most recent Solicitation License; if exempt, submit exemption letter • Certificate of Liability Insurance • most recent IRS income tax return (Form 990) 2. If funding is approved by the County, applicant acknowledges that it may be requested by the County to provide documentation of expenditures, and an annual audit of all grant funds, financial statements, mid-year program report, or any other additional documentation or supporting documents requested. Failure to comply with any such request may jeopardize future funding from the County. 3. Submit seven (7) copies of your completed application no later than 4:00 PM Monday, March 11, 2019 to: Clay County Board of County Commissioners Attn: Budget Office PO Box 1366 477 Houston Street, 4 th Floor Green Cove Springs, FL 32043 Application is due no later than 4:00 pm Monday, March 11, 2019 18 Signing below acknowledges that this funding application has been completed accurately. All information submitted with this application will become a matter of public record, and open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statues. Executive Director Irene M. Toto, CEO (Type Name) Board Chair William Simmons, Ph.D. (Type Name) Clay County Board of County Commissioners Nonprofit Agency Grant Application Funding Request for FY 2019-2020 Clay Behavioral Health Center ------··········· ------------· ·---------- 0 ;a 0 CD 3 g G)0 "O -· .., 0)0) "O ::, ....... CD '< a' CD '< ::::J 0 z.., ~o0 ru -..Jc CD 3 a.: 0 ""U ......., ::, ~ 0 I'< ~:l!= (I) CD g ""U "O O CJ) ....... C..,~->< 0 (') cc ::::J ~ ::, ::r ru CJ) ~ (/) CJ)_ -0) ~ ::::J 71 CD CC r m_ o vJ -· N <0 CJ). ~ vJ 0 -· ::::J _,_!~c-~ 5% or per discount catalog. BOARD OF COUNTY COMMISSIONERS CLAY COUNTY, FLORIDA RFP NO. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS DUE DATE: Monday, March 18, 2019- 4:00 p.m. OPEN DATE: Tuesday, March 19, 2019 -1:00 p.m. Issued By: Clay County Board of County Commissioners Purchasing Department TABLE OF CONTENTS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Request for Proposal Advertisement .................................................................................... 3-5 Request for Proposal Instructions ....................................................................................... 6-12 Specifications ..................................................................................................................... 13-17 Bid Forms .......................................................................................................................... 18-20 Sample Quote Sheet ................................................................................................................. 21 Corporate Details ..................................................................................................................... 22 Certification Regarding Debarment ......................................................................................... 23 Scrutinized Companies Certification ....................................................................................... 24 No Bid Statement ..................................................................................................................... 25 Procedures for Bid Opening .............................................................................................. 26-37 Attachments: Form W-9 2 REQUEST FOR PROPOSAL NOTICE NOTICE IS HEREBY GIVEN that sealed proposals will be received until 4:00 P.M., Monday, March 18, 2019, at the Clay County Administration Building, Fourth Floor, Reception Area, 477 Houston Street, Green Cove Springs, Florida 32043, for the following: RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Proposals will be opened at 1:00 P.M., or as soon thereafter as possible, on Tuesday, March 19, 2019 in the Clay County Administration Building, Conference Room “B”, Fourth Floor, 477 Houston Street, Green Cove Springs, Florida, in the presence of the Purchasing Department staff and all other interested persons. The opened Proposals will be read aloud, examined for conformance to specifications, tabulated, and preserved in the custody of the Purchasing Department. Proposals submitted will be evaluated by the Finance and Audit Committee. The Finance and Audit Committee of the Board will present its recommendation to the Board of County Commissioners as soon thereafter as possible. At the discretion of the Board of County Commissioners or the Finance and Audit Committee, companies submitting proposals may be requested to make oral presentations as part of the evaluation process. Proposals will not be valid unless received by the proposal deadline and in a sealed envelope marked “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” to be received until 4:00 P.M., Monday, March 18, 2019. Envelopes are to be submitted in person or delivered by courier to the above address. No postal mail will be accepted. During the bidding process, all prospective proposers are hereby prohibited from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator (as specified in Section P of Chapter 8 of the Purchasing Manual attached hereto). The no-contact rule set forth shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided for in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. For information concerning procedures for responding to this Bid, contact the Purchasing Department, Donna Fish by email purchasing@claycountygov.com or at (904) 278-3761. The County reserves the right to waive formalities in any response, to reject any or all responses with or without cause, to waive technical and non-technical or non-material defects in the solicitation or submittal of any responses, including the lack of availability of adequate funds, regulatory agency requirements, to make award in part or completely, and/or to accept the response that, in its judgment, will be in the best interest of the County of Clay. Bid proposals in which the prices obviously are unbalanced will be rejected. 3 FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent- bids-rejection-bids. THIS WEB PAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: www.claycountygov.com BY FOLLOWING THE “NOTICE OF INTENT BIDS” LINK UNDER THE “BUSINESS” ROLLOVER BUTTON ON THE COUNTY’S HOMEPAGE. NO OTHER NOTICE WILL BE POSTED. PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, OR THE FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8. (N), OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. A person or affiliate who has been placed on the convicted bidder list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted bidder list. --------------------------------------------END OF NOTICE----------------------------------------- 4 REQUEST FOR PROPOSAL INSTRUCTIONS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS 1. Delivery and Receipt of Bids: All sealed Proposals submitted shall be received by the Purchasing Department of Clay County, Florida. Proposals submitted in person or by courier services will be received at: Clay County Administrative Building Fourth Floor, Reception Area 477 Houston Street, Green Cove Springs, Florida 32043 Three copies of the Proposal must be received in a sealed envelope. Proof of liability insurance, form W-9 taxpayer identification number, and bid information shall be included with all responses submitted. The words “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” shall be clearly marked on the front and back of the envelope containing the Proposal. 2. Due Date and Opening Date: Proposals will be received by carrier or in person until Monday, March 18, 2019 at 4:00 p.m. and will be opened on Tuesday, March 19, 2019 at 1:00 p.m. or soon thereafter, in the Clay County Administration Building, 477 Houston Street, Conference Room “B”, Fourth Floor, Green Cove Springs, Florida. Bids will be reviewed by Clay County as soon thereafter as possible. A. All Proposals will be “clocked” at the time they are received to indicate the time and date of receipt. B. Proposals WILL NOT be accepted in person after the time and date specified. C. Proposals received by carrier WILL NOT be accepted if they are received after the time and date specified regardless of the circumstances. D. No postal mail will be accepted. 3. Withdrawal of RFP: Proposals may be withdrawn by a written or faxed request by the Bidder and received by the Purchasing Department before the date and time for receiving Proposals has expired. Negligence on the part of the Bidder in preparing a Proposal is not grounds for withdrawal or modification of a Proposal after such Proposal has been opened by the County. Bidders may not withdraw or modify a Proposal after the appointed Bid Opening. Bidders may not assign or otherwise transfer their Proposals. 4. Inquiries/Questions: Any questions regarding this RFP must be directed to Donna Fish (the authorized contact person) via email at purchasing@claycountygov.com (preferred method) or by calling (904) 278-3761. Written inquiries/questions must be received by March 6, 2019. Responses to questions, clarifications, and addenda will be distributed to potential Bidders by email. It is the responsibility of interested Bidders to verify if this information has been issued prior to submitting a Bid. 6 5. No Contact Period: During the Bidding process, all prospective Bidders are hereby prohibited from contacting (1) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (2) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any Bid submitted by the violator, as specified in Section P of Chapter 8 of the Clay County Purchasing Manual. Exceptions: The no-contact rule set forth shall not apply to inquiries submitted to the authorized contact person, the pre-bid conference, or to formal presentations by finalists to the Board of County Commissioners or to the County’s evaluation committee. 6. Additional Evaluation: The County reserves the right to request any additional information from Bidders after Bid Opening and before award as may be necessary to assist in review and evaluation of any Bid prior to submittal of a recommendation for award to the Board of County Commissioners. 7. Award: The Bid will be awarded to the responsible Bidder(s) submitting a Bid determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to award to multiple bidders. 8. Waiver of Formalities/Rejection of Bids: The County reserves the right to waive formalities in any Bid, to reject any or all Bids with or without cause, to waive irregularities/technicalities, and waive technical and non-technical or non-material defects in the Bid document or submittal of any Bid. The County reserves the right to make award either in part or completely, and/or to accept the Bid that, in its judgment, will be in the best interest of the County. Bids in which the prices obviously are unbalanced will be rejected. The County reserves the right to reject any and all Bids and to re-advertise for all or any part of this solicitation as deemed in its best interest. 9. Cancellation of Bid: Clay County reserves the right to cancel a solicitation at any time prior to approval of the award. The decision to cancel a solicitation cannot be the basis for a protest under the formal protest process as referenced herein. 10. No Bid: Each company not intending to respond to this Bid should reply with a written “No Bid Statement”. Such action will maintain the company on the appropriate active Bidder solicitation list. Three (3) failures to respond to solicitations may result in deletion from the Bidder solicitation list. 11. Bid Errors: Where Bid forms have erasures or corrections, each erasure or correction must be initialed in ink by the Bidder. In case of unit price Bid items, if an error is committed in the extension of an item, the unit price as shown in the Bid response will govern. Errors between any sum, computed by the Bidder, and the correct sum thereof will be resolved in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words. 12. Deviations: Bidders are hereby advised the County will only consider Bids that meet the specifications and other requirements imposed upon them by this Bid document. In instances where a deviation is stated in the Bid Form, said Bid will be subject to rejection by the County in recognition of the fact that said Bid does not meet the exact requirements imposed upon the Bidder by the Bid or Contract documents. 7 13. Bid Protests: Any company affected adversely by the County’s decision may file with the County Purchasing Department a “Notice of Protest” in writing within 72 hours after the posting of the recommended award. Failure to file a written Notice of Protest shall constitute a waiver of proceedings under Chapter 8 (N) of the Clay County Purchasing Policies. Failure to file a written petition initiating a formal protest proceeding within the time frame and in the manner prescribed in Section 8 (N) of said policy shall constitute a waiver of the right to protest the Bid solicitation, any addendum thereto, or the Bid award recommendation or decision, and to initiate a formal protest proceeding under said policy. The County’s Purchasing Policy may be viewed at the County’s website by following the appropriate links from the Homepage. 14. Public Entity Crimes: Pursuant to Section 287.133(2)(a) of the Florida Statutes, 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 for a Contract to provide any goods or services to a public entity, may not submit a Bid for a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a Bid, Bidder attests that they have not been placed on the “Convicted Vendor List”. 15. Debarment: By submitting a Proposal, the Bidder certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting proposals for contracts issued by any subdivision or agency of the State of Florida. 16. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 17.Scrutinized Companies Certification: In compliance with subsection (5) of Section 287.135(5), Florida Statutes the Bidder certifies that the company is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and does not have business operations in Cuba or Syria as defined in subsection (1) of the Statute. The included Scrutinized Companies Certification Form must be completed and returned as part of the bid submittal. 18. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 8 19. Copyright Restrictions: Both the County seal and the County logo are being registered for a copyright. Neither the Clay County seal nor the logo may be used or provided to non-Clay County government users for use on company Bids, presentations, etc. 20. Indemnification: The awarded Bidder shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the company and other persons employed or utilized by the company in the performance of the Contract. The provisions of Florida Statute 768.28 applicable to Clay County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute. No officer, employee or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act. The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 21. Insurance Requirements: Prior to commencement of the project, the awarded Bidder shall provide the County Purchasing Department with proof of the following insurance: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverages as required by Florida law c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by Contract-per occurrence $ 1,000,000 9 The awarded Bidder must maintain insurance coverage at the above-prescribed levels through the date of completion of the project and such coverage must include all independent Contractors and Subcontractors. Either prior to, or simultaneously with the execution of the Contract, the awarded Bidder must deliver certificates of insurance for the required insurance coverage to the County naming “Clay County, a political subdivision of the State of Florida, the Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insured.” Said certificates of insurance shall also include a thirty- day prior written notice of cancellation, modification or non-renewal to be provided to the County. 22. Performance and Payment Bond Requirements: Performance and Payment Bonds are not required for projects of $200,000.00 or less. Prior to commencement of a project exceeding $200,000.00, the awarded Bidder shall file a 100% Performance Bond and Payment Bond (using Clay County’s Standard Form) in the Public Record of Clay County, Florida, Recording Dept./Room 130, 825 North Orange Avenue, Green Cove Springs, Florida 32043. The recorded Performance and Payment Bonds shall be provided prior to the commencement of construction to Clay County Purchasing Department, PO Box 1366, Green Cove Springs, Florida 32043. Performance and Payment Bonds must be increased in accordance with any change order increases on the project. 23. Bid Preparation Costs: By submission of a Bid, the Bidder agrees that all costs associated with the preparation of his/her Bid will be the sole responsibility of the Bidder and shall not be borne by the County. The Bidder also agrees that the County bears no responsibility for any costs associated with the preparation of their Bid and/or any administrative or judicial proceedings resulting from the solicitation process. 24. Business Registration Requirement: In accordance with Chapters 605-623, Florida Statutes, in order to do business in the State of Florida, corporations (and other business designations) are required to be registered and in good standing with the Department of State, Division of Corporations. To be eligible to receive a contract and/or purchase order registration must be accomplished prior to the initial posting indicating intent to award to that vendor. Failure to be registered may be cause for disqualification. Contact the Division of Corporations at (850) 245- 6000. Online-filing is available at: http://dos.myflorida.com/sunbiz 25. Contractor Qualifications and Requirements: At the time of Bid Opening, all Bidders must be certified or registered pursuant to Chapter 489, Florida Statutes, or hold a Clay County certification under Article III of Chapter 7 of the Clay County Code, as applicable, at the time of submitting a Bid. All Bidders must submit evidence of current state certification or registration, or County certification, as applicable, prior to award of this Bid. The following licensing requirements shall apply when the applicable Florida statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. a. State of Florida, Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work. b. Said licenses shall be in the Bidder's name as it appears on the Bid Form. Bidder shall supply a copy of each applicable license showing the appropriate license numbers, with expiration 10 dates as required by the County. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the Bid and/or termination of the Contract. c. Subcontractors Contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. Said license must be in the name of the subcontractor. The following licensing requirements shall apply when applicable (Contractor Prequalification): Florida Law and Rules of the State of Florida, Department of Transportation, require contractors to be prequalified with the Department in order to bid for the performance of road, bridge, or public transportation construction contracts greater than $250,000.00. The Contractor Prequalification process results in the issuance of a Certificate of Qualification for each successful applicant which lists the approved work classes and the Maximum Capacity Rating in dollars. It is the responsibility of potential bidders to review the requirement and meet the qualifications listed at: http://www.dot.state.fl.us/cc- admin/PreQual_Info/prequalified.shtm. Contractors not meeting the applicable work types associated with the scope of the work may utilize subcontractors to assist with meeting the requirement of all necessary prequalification work classes. 26. Qualification: The County shall have the right to review the references, experience of assigned personnel, and qualifications of the Contractor in order to make the final determination of acceptability of the Contractor to be awarded the Contract and construct the work. The Board of County Commissioners may reject, at its sole discretion, any Bidder the Commission finds to lack, or who’s present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The Commission's finding may be based on any of the following factors: the disclosure required herein, the County's own investigation, public records, or any other reliable source of information. The Commission may also reject any Bidder failing to make the disclosure required herein. By submitting a Bid, Bidder recognizes and accepts that the Board of County Commissioners may reject any Bid at its sole discretion and the Bidder waives any claim it might have for damages or other relief arising from the rejection of its Bid or resulting directly or indirectly from the rejection of its Bid based on these grounds or from the disclosure of any pertinent information relating to the reasons for rejection of its Bid. 27. Subcontractors: The County reserves the right to approve all Subcontractors for this Contract. If Subcontractors are to be utilized, their names and references must be included within this Bid. Responsibility for the performance of the Contract remains with the main Contractor exclusively. After the commencement of the project, subcontractors may be added or modified during the Contract period only with prior written permission from the County, and only for reasonable cause, as judged by the County. 28. Interpretation of Plans and Specifications: No interpretation of the meaning of the plans, specifications, or other Contract documents will be made to any Bidder orally. Every request for interpretation should be in writing addressed to the Purchasing Department. To be given consideration, such requests must be received no later than March 6, 2019. 11 Any and all such interpretations and any supplemental instructions will be in the form of a written addendum. All Addenda issued shall become part of the Bid and Contract documents, and receipt must be acknowledged on the Bid Form, by completion of the applicable information on the Addendum, and submitting it with the Bid. Failure to acknowledge Addenda which have no effect on the competitive nature of the bidding process may be a waiveable deviation at the County’s sole discretion. 29. Conflict of Interest: The award hereunder is subject to Chapter 112, Florida Statutes. All proposers must disclose with their Proposal, any personal or organizational conflicts of interest pursuant to Section 112.313, Florida Statutes, the name of any officer, director, or agent who is also an employee of the Clay County Board of County Commissioners. Further, all proposers must disclose the name of any Clay County Board of County Commissioners employee who owns, directly or indirectly, an interest of the proposer’s firm or any of its branches. 30. Use of Contract by Other Government Agencies: At the option of the Bidder, the use of the Contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the Bidder to use this Contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 31. Execution of Contract and Notice to Proceed: The awarded Bidder may be required to sign a written Contract. Said Contract will evidence in written form the agreement between the parties. 32. All payments made under this Bid will be made in accordance with the Local Government Prompt Payment Act; in effect, not later than 45 days from receipt of proper invoice. 33. At the discretion of the Board of County Commissioners any Committee contemplated herein, Vendors submitting proposals may be requested to make oral presentations as part of the evaluation process. 12 RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS – SCOPE OF SERVICES (Provided by Parks and Recreation Department) SCOPE: The purpose of this bid invitation: 1. Establish a firm, fixed percentage discount from manufacturer’s and/or bidder’s current catalog/supply/product information price list for the purchase of various equipment and amenities for parks and playgrounds as requested by the Clay County Division of Parks and Recreation. The County reserves the right to award to multiple bidders. 2. Establish a firm, fixed percentage of manufacturer’s and/or bidder’s current catalog/supply/product information price list, after applying the above requested discount for purchase, for the installation of various equipment and amenities. It is understood that bidder’s current catalog/supply/product information price list are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation above and beyond what has already been presented in your bid. If the bidder offers specialized catalogs, the catalogs must be submitted separately from any other catalog offered by the bidder. 3. This bid is also a means for qualifying vendors for ball park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis as defined in the method of ordering section of this bid utilizing prices provided in bid response. The qualified vendor(s) providing the lowest responsive quote will be awarded the project. 4. There is no guarantee any purchases will be made after award. Purchase orders will be issued subject to availability of funds. RESPONSIBILITY: Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and installation, of various equipment and amenities for parks and playground equipment or amenities ordered, unless otherwise specified by the County. The County may elect, in certain circumstances, to purchase only materials and have those materials installed by others (e.g., volunteers, County staff). These items will be shipped to a designated location and off-loaded by the bidder or bidder’s representative. QUALIFICATION OF INSTALLERS: If a bidder utilizes a sub-contracted installer for any park or playground equipment, a list of sub- contracted installers must be included with their bid. Additionally, the bidder must supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub- contracted installer, is an authorized installer, certified to install various equipment and amenities for parks and playground equipment as required by each manufacturer. CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS: Each bidder shall submit with this bid, at no charge, two (2) sets of each current catalog/supply/product information price list as well as current MSRP list for each catalog 13 submitted. All catalogs and/or MSRP lists shall clearly identify bidder’s name, address and telephone number. The vendor shall supply at no charge, two (2) sets of each then current catalog/supply/product information price list as well as current MSRP list for each catalog submitted upon price changes. At renewal time Vendor may request that new manufacturers be added. County reserves the right to approve or deny this request. COMPLIANCE WITH LAWS AND CODES: Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal safety regulations. The following publications (issue in effect on date of invitation to bid) shall form a part of this specification: A. American Society for Testing and Materials (ASTM): ASTM-F1487 Standards – Methods of testing Playground Equipment for Public Use. ASTM-F1292 Standards - Method for testing various surfacing materials to determine their “critical height” (the fall height below which a life threatening head injury would not be expected to occur) Copies may be obtained from the - American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428 B. Consumer Product Safety Commission (CPSC) – printed Handbook for Public Playground Safety. Copies may be obtained from the - US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301) 504-7923 C. National Playground Safety Institute (NPSI) – identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from the - National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148-4150 (703) 858-0784 D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. 14 Copies may be obtained by calling: (800) 514-0301 Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the County a certificate so stating the equipment /surfacing and its installation meet all Federal and State requirements as outlined in the above publications. Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance shall be borne by the bidder. INVOICING: Invoices may be issued once equipment, materials, and supplies are delivered and/or installed to the county’s satisfaction. At a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment terms are Net 45 days per the Local Government Prompt Payment Act. TERMS OF CONTRACT: The term of bid award for various equipment and amenities for parks and playgrounds will be three (3) years, with two (2) one (1) year renewal options. Discounts from this solicitation shall prevail for the full duration of the contract and including subsequent extensions. County reserves the right to use other available bids or contracts when in the best interest of the County. METHOD OF ORDERING: The County may generate a Request for Quotation, on an “as needed” basis, for park and playground equipment and/or ball field lighting together with a request for additional services required to complete that project (see attached Quote sample sheet). The County reserves the right to send such Request for Quotation to any or all awarded bidders. The Request for Quotation can define the project exactly or the Request for Quotation can describe a desired end result, allowing the bidder to design the park or playground site. After generating a Request for Quotation for a project, and before bidder’s submission of its quotation in response to the Request for Quotation, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize the bidder(s) with the site and determine additional services that may be required to complete the project. Bidders will be responsible for the accuracy of all fixed measurements. The bidder’s quotation in response to the Request for Quotation must contain each of the following: 15 • A detailed breakdown of the cost for the entire project. Descriptions of additional services related to the project, together with their price, shall also be listed. • Include Catalog Name, Number and associated discount. When quoting projects where freight would be charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. • Names of any and all subcontractors on the project. It is understood the bidder remains responsible for project completion and acceptance by the County. The County reserves the right to reject any quotation in response to a Request for Quotation if said quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. • Project Completion Date. • Include an updated catalog, if needed and updated MSRP lists for the park and play equipment specifically quoted. The County will generate purchase orders as a result of approved “Request for Quotations” submitted, at the sole discretion of the County. The County reserves the right to not award to any, or to use other available bids or contracts when in the best interest of the County. PROMOTIONAL PRICING: During the contract period, bidders shall extend any pricing offered on a “promotional” basis from the manufacturer to the county. It will be the bidder’s responsibility to monitor said items and report any that are or will be offered at lower prices. SUPERVISION: A bidder’s job supervisor/representative shall be on the work site at all times and be thoroughly knowledgeable of the materials, job requirements, plans, specifications and installation functions. Contractors shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). JOB COMPLETION: Bidder/installer shall be responsible for all materials received and signed for from date of order to completion of job installation. Bidder/installer shall be responsible for cleanup and removal of all debris resulting in job completion. Bidder/installer shall be responsible for restoring the work site to its original condition at the completion of the project. This shall include re-sodding of the area affected by their work with sod which is of the same variety and quality as the surrounding sod. Where no sod exists prior to installation, the contractor shall restore grade to a level consistent with the surrounding grade. 16 RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY: The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being performed. The bidder shall be responsible for the protection of all buildings, structures, and utilities that are underground, above ground, or on the surface from their operations that may be hazardous and/or damaging to said facilities. Bidder shall leave work site in a neat and orderly fashion at the end of each work day. Any damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed prior to the damage. All costs incurred for repair or replacement shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall be paid by the bidder or deducted from their invoice. VIOLATIONS/DEFAULT: In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written notice stating the deficiencies and given ten (10) days to correct deficiencies found. The County reserves the right to terminate any bid, contract, or purchase order at any time due to any violation. In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all remedies in law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined by bidder and County may result in no further purchase being made with such bidder under this Bid. 17 BID FORM RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Bidder: Address: City, State and Zip: Phone: Email: Contact Name(s): Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): (MULTIPLE SHEETS CAN BE USED) 18 RFP #18-19-2, Various Equipment And Amenities For Parks And Playgrounds SUB-CONTRACTOR EQUIPMENT INSTALLERS: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Note: Upon request bidders must supply WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Installers shall have a Certified National Playground Safety Inspector (NPSI) present during installations and repairs. (MULTIPLE SHEETS CAN BE USED) 19 WARRANTY INFORMATION FORM MAKE AND MODEL OF EQUIPMENT PROPOSED: Is there a warranty on the equipment proposed? Yes No Does the warranty apply to ALL components or only part? (State Explicitly) Parts Warranty Period: Service Warranty Period: Nearest source for parts and/or service center (s): Name, address and phone number of the authorized service center (s): 1) 2) 3) Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.) COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: Yes No Name of Bidder: Signature Title Phone Number (MULTIPLE SHEETS CAN BE USED) 20 Example Request for Quotation Various Equipment and Amenities for Parks and Playgrounds Description of Project: A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is scheduled for at . Price Quotation: Manufacturer Item and Page Number Quantity MSRP Unit Price Contract Discount Extended Price *When quoting projects where freight would be charged, include those costs so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. Additional Services Required: Description Quantity Unit Price Extended Price Total: $ List any Subcontractors: 1. Name 2. Address 3. Telephone Number 4. Contact Name 5. Designated Work 6. Subcontractor Cost 21 RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS CORPORATE DETAIL Failure to complete all fields may result in your bid being rejected as non-responsive. COMPANY NAME: ____________________________________________________ ADDRESS: ____________________________________________________ ____________________________________________________ ____________________________________________________ TELEPHONE: ____________________________________________________ FAX #: ____________________________________________________ E-MAIL: ____________________________________________________ Name of Person submitting Bid: ___________________________________________ Title: ___________________________________________ Signature: ___________________________________________ Date: __________________________________________ ADDENDA ACKNOWLEDGMENT: Bidder acknowledges receipt of the following addendum: Addendum No. _____ Date: __________ Acknowledged by: _________________________ Addendum No. _____ Date: __________ Acknowledged by: _________________________ Addendum No. _____ Date: __________ Acknowledged by: _________________________ 22 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Form RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS (1) The prospective Vendor, ________________________________, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. (2) Where the Vendor is unable to certify to the above statement, the prospective Vendor shall attach an explanation to this form. Vendor: ______________________________________________ By: ___________________________________________ Signature _______________________________________________ Name and Title _______________________________________________ Street Address _______________________________________________ City, State, Zip ________________________________ Date 23 Scrutinized Companies Certification [Clay County RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS] Name of Company:1 _______________________________________________ In compliance with subsection (5) of Section 287.135(5), Florida Statutes (the Statute), the undersigned hereby certifies that the company named above is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and does not have business operations in Cuba or Syria as defined in subsection (1) of the Statute. (Seal) Insert Name of Company: By: Its 1 “Company” means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. 24 “NO BID” Statement RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS If your company does not intend to bid on this procurement, please complete and return this form prior to the date shown for receipt of Bids to: Clay County Purchasing Department, Attn: Donna Fish, 477 Houston Street, Green Cove Springs, FL 32043 We, the undersigned, decline to bid on the above referenced invitation to bid for the following reasons: Specifications are too restrictive (please explain below or attach separately) Unable to meet specifications Specifications were unclear (please explain below or attach separately) Insufficient time to respond We do not offer this product or service Our schedule would not permit us to perform at this time Unable to meet bond requirements Other (please explain below or attach separately) Remarks: _________________________________________________________________________ ______________________________________________________________________ Company Name: Telephone #:_____________________ Signature: Fax #: ________________________ Print Name: Title: __________________________ Address: _________________________________________________________________ City: Zip: _______________________________________ 25 CHAPTER 8: PROCEDURES FOR PUBLIC BID OPENINGS (A) Purpose: The purpose of this chapter is to specify procedures for the submittal, receipt, opening and recording of all formal bids required by all of the various laws, ordinances, and other procedures and manuals governing the solicitation and awarding of public bids in Clay County, Florida, including but not limited to: a. Section 336.44, Florida Statues (2001). b. Applicable Provisions of Clay County Code. c. Florida Department of Transportation Standard Specifications, most recent edition. (B) Time of Opening: All bids shall be submitted to the Purchasing department, 4th Floor, Clay County Administration Building, 477 Houston Street, Green Cove Springs, Florida, which shall record receipt thereof by date and time on the bid envelope. Upon receipt, the Purchasing department will maintain custody and control of all bid submittals until after they have been opened. The deadline for a particular bid submittal shall be 4:00 P.M., of the Monday immediately preceding the Tuesday upon which the bid is to be opened. No bid shall be opened unless and until proof by publisher's affidavit of publication of the bid solicitation is received and filed by the Purchasing department. Bidders and the public are welcomed to attend the opening and all subsequent committee and commission meetings related to the bids. (C) Form of Bid Submittal: All bids shall be submitted in triplicate, (and if applicable only on the forms provided by the County or its staff). Each bid and its accompanying materials shall be submitted in a single, sealed and opaque envelope. The following items shall be prominently marked on the cover of the envelope by the party making the submittal prior thereto: a. The number assigned to the particular bid solicitation. b. The title of the bid exactly as it appeared in the published solicitation. c. The date of the bid opening. (D) Bid Receipt Procedure: The County Manager shall, in cooperation with his or her Department heads and the Purchasing department, assign a specific and discrete number and title to each bid solicitation, which shall be contained in the Request for Bids, the newspaper publication, specifications and the Bid Form thereof. Three copies of each request for bid shall be submitted to the Purchasing department for distribution as provided in Section F hereof, and the "Request For Bids" shall be signed prior to publication. (E) Place of Opening: All bids properly submitted shall be opened in a public location so designated in the bid solicitation. (F) Distribution of Copies: Upon the opening of a bid, one copy shall be distributed to the head of the originating department. Purchasing shall submit to the Finance committee of the Board a tabulated list of all bidders and their bids, including bid number, name, staff assigned, a recommendation to include but not be limited to the lowest responsive and responsible bid, or in a proper circumstance the best bid, budget information and alternatives. All staff assigned to evaluate bid and RFP responses shall do so observing all requirements of the Sunshine Law and 26 in meetings noticed at least 72 hours in advance thereof. The Purchasing department shall serve as the permanent record holder for the County Manager. (G) Committee Review, Report and Recommendations: Bids shall be reviewed by the Board’s Finance committee following the bid opening. The Committee should, in the absence of unusual circumstances, report its recommendation to the Board at the Board's next regularly scheduled meeting, which shall include a tabulated list of all bidders and their bids. In all events, the County Manager shall cause to be spread upon the minutes of the regular meeting of the Board next following the opening of a particular bid, a list of all bidders and their bids. Upon being awarded a bid, and if a contract is entered into with the successful bidder then the County’s Standard Addendum and IRS Form W-9, Request for Taxpayer Identification and Certification must be completed. (H) Ineligible Bid: Any bid that does not meet the foregoing requirements for form, time of submittal, number of copies or the specifications advertised will be rejected and the reasons stated therefor; provided that the Purchasing department shall reject and return unopened all bids which do not meet the foregoing requirements for time of submittal, or envelope markings. Bids that do not meet requirements for form will be rejected and declared "No Bid". The Board reserves the power to reject all bids and in its discretion to re-advertise the solicitation. (I) Bid Withdrawal Period: Any bid submitted requires a five (5) percent bond unless waived by the Board prior to solicitation, which cannot be withdrawn for a period of 30 days subsequent to the date of the bid opening, notice of which shall be incorporated in all requests for bids. As used herein, the term bond shall include cashier or certified checks payable to the County. All such checks shall be held by the Finance department for safekeeping immediately upon acceptance of the bid (but not deposited). The Finance department is hereby authorized to return each bond to the submitting party, as soon as practicable, upon written request to the Finance department, but only after a bid and contract have been awarded and executed between the County and the successful bidder for a particular project, or in the event that all bids have been rejected by the Board, or in the event the time provided that the bid shall remain in effect shall have expired and the bid submitter requests its return in writing. (1) Vendors bidding on SHIP rehabilitation projects are exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (2) Vendors bidding on commodities price contracts, or any other type of contract that does not commit the Board to an actual exchange transaction (purchase) but rather seeks only a fixed unit price commitment from a vendor in the event a future purchase decision is made, shall be exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (J) Bid Addenda: All addenda distributed subsequent to the initial distribution of specifications shall be sent by certified mail/return receipt requested, said return receipt to be returned to the Purchasing department identified by bid number. Prior to mailing, a copy of each addendum shall be received by the Purchasing department, provided that no addendum shall be mailed later than five (5) working days prior to the scheduled bid opening date. 27 (K) Bid Tabulation Form: The bid Tabulation Form used at bid openings shall include a place thereon for three witnesses to sign. This procedure will eliminate the need for signing each individual bid at the time of opening, thus requiring the three witnesses to sign only once for each bid number submitted. (L) Authority to Delay Bid Openings: The County Manager is hereby authorized, without seeking prior approval of the Board in any particular case, to order a delay of any bid opening from its scheduled date and time to a time certain on the agenda of the next regularly scheduled meeting of the Board, or such special meeting called for such purpose. The delay may be ordered at any time prior to the time of the scheduled opening, provided that such order be in writing, addressed and delivered to the Purchasing department with a copy delivered to the County Manager, and that copies thereof be mailed by certified mail, return receipt requested to all responding bidders as soon thereafter as is reasonably practicable. Upon receipt of the order, the Purchasing department shall immediately record the date and time thereof. The Purchasing department shall continue to accept sealed bids up until the applicable deadline. At the date and time originally scheduled for the bid opening, the Purchasing department shall announce the delay order to all in attendance and shall continue to maintain in its custody all properly submitted sealed bids until further order of the Board. At the time certain scheduled before the Board, the County Manager shall present his reason or reasons for the delay order and his recommendation for disposition of bids submitted. The Board may order the bids to be opened then and there, or at some other time and date certain; it may cancel the bid and order the return of all bids unopened; it may order a further delay of the bid opening; or it may make any other order appropriate to the circumstances. If the bids are ultimately opened, they shall be reviewed as provided elsewhere herein. If a delay occurs as provided herein, then the 30 day withdrawal period as provided in 8(I) shall commence upon the date of the actual bid opening, provided such date is not more than 60 days subsequent to the originally scheduled date. No delay shall be ordered beyond such 60 day period, unless the parties submitting timely bids consent to such delay in writing. In no event is the County Manager authorized to extend the deadline for bid submittals for any particular project, only the bid opening date. (M) Contractor's Insurance Requirement: 1. Any Contractor submitting a bid for any public works project must include, within its initial bid response, proof of the following insurance, in effect continuously from the date of submittal through the 60 days subsequent to the scheduled bid opening date: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverage as required by Florida law 28 c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by contract-per occurrence $1,000,000 2. Upon being awarded the bid, the contractor must provide proof that such insurance will be in effect from the date of commencement of the project. The contractor will maintain insurance coverage at the above-prescribed levels through the date of completion of the project and that coverage will include all independent contractors and subcontractors. Either prior to or simultaneously with the execution of the contract, the successful bidder must deliver certificates of insurance for the required insurance coverages to the County naming “Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insureds.” Said certificates of insurance shall also include a thirty day prior written notice of cancellation, modification or non-renewal to be provided to the County. 3. The Board reserves the right to waive, raise or lower the minimum coverages required for particular projects prior to bid solicitation by affirmative action. The Board will not waive any defects in a bid submittal pertaining to matters under this subsection. (N) Bid Awards and Protests: 1. Both the INSTRUCTIONS and the PUBLISHED NOTICE for every sealed bid solicitation shall include conspicuously the following statements: FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: [insert bid notice web address1]. THIS WEBPAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: [insert County’s homepage address2] BY [insert suitable directions3]. NO OTHER NOTICE WILL BE POSTED. 1 As of the date on which this Purchasing Policy was adopted, the bid notice web address was: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent-bids-rejection- bids 2 As of the date on which this Purchasing Policy was adopted, the County’s homepage address was: http://www.claycountygov.com/. 3 As of the date on which this Purchasing Policy was adopted, suitable directions would be: “FOLLOWING THE “Notice of Intent Bids” LINK UNDER THE “Business” ROLLOVER BUTTON”. 29 PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE FAILURE TO FILE A WRITTEN NOTICE OF PROTEST AND TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8.N. OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUIRY. 2. Unless otherwise expressly directed by the Board in its decision on a bid award, immediately following such decision the County Manager shall cause a “Notice of Intent to Award Bid” or a “Notice of Rejection of All Bids” to be posted on the County’s website, with the time and date of posting appearing thereon. Notice shall not be posted elsewhere. The notice shall be posted in portable document format or other secure format. 3. The failure on the part of a prospective bidder to include within the sealed bid envelope a proper bid bond or other security approved under this policy, if required for the particular bid solicitation, or the failure by a prospective bidder to file a written notice of protest and to file a written petition initiating a formal protest proceeding within the times and in the manner prescribed in this section shall constitute a waiver of the prospective bidder’s right to protest the bid solicitation, any addendum thereto, the Board’s bid decision, as applicable, and to initiate a formal protest proceeding hereunder. 4. A prospective bidder is solely responsible for determining whether a particular bid solicitation requires a bid bond, and for resolving any doubt by making appropriate inquiry. 5. The County Manager shall cause a copy of this policy to be posted on the County’s website in portable document format or other secure format. The County Manager shall cause to be established conspicuous and easy-to-follow links to the policy from the homepage. 6. Any person who is adversely affected by a bid solicitation, by any addendum thereto, or by a bid decision may file with the County Manager a written notice of protest no later than 4:30 p.m. on the third business day immediately following the date notice is published, with respect to a bid solicitation; no later than 4:30 p.m. on the third business day immediately following the date of issuance, with respect to a bid addendum; and within 72 hours after the posting of the notice, exclusive of hours occurring during days that are other than business days, with respect to a bid decision. 30 7. A formal protest proceeding shall be deemed commenced upon the timely filing of a written petition initiating the same. A written petition initiating a formal protest proceeding must be filed with the County Manager no later than 4:30 p.m. on the tenth calendar day immediately following the date on which the written notice of protest was filed; provided, if the tenth calendar day is not a business day, then the petition must be filed no later than 4:30 p.m. on the first business day immediately following said tenth calendar day. The petition must set forth with particularity the facts and law upon which the protest is based. The petition must conform substantially with the requirements for petitions set forth in Rule 28-106.201, Florida Administrative Code. References in this section to a petition shall mean a written petition initiating a formal protest proceeding filed in accordance with this subsection. 8. Any protest of a bid solicitation or bid addendum shall pertain exclusively to the terms, conditions, and specifications contained in a bid solicitation or bid addendum, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract. 9. Upon receipt of a formal written notice of protest that has been timely filed, the County Manager shall suspend the bid solicitation or bid award process until the subject of the protest is resolved by final action as specified in this section, unless the County Manager sets forth in writing particular facts and circumstances which require the continuance of the solicitation or award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. Such suspension shall be lifted immediately in the event the protesting party shall have failed to timely file a petition. 10. Intervenors shall be permitted to participate in the formal protest proceeding in accordance with the procedures governing intervenor practice set forth in Rule Chapter 28-106, Florida Administrative Code, and shall be subject to all limitations provided therein applicable to intervenors. 11. In his or her discretion, the County Manager may provide an opportunity to resolve the protest by mutual agreement between the County Manager and the protesting party within 7 calendar days after receipt of a timely petition. Such agreement must be reduced to writing, signed by the County Manager and the protesting party or such party’s authorized agent, and submitted to the Board at the earliest opportunity. The agreement shall not be deemed effective unless ratified by the Board. If the Board shall fail to ratify the agreement, then the protest shall proceed to resolution as hereinafter provided. 12. Within 10 business days following the timely filing of a petition, or, if the Board shall have considered but failed to ratify an agreement submitted to it under subsection 11, then within 10 business days thereafter, a hearing shall be conducted pursuant to subsection 13 before a hearing officer, who shall be the County Manager or his or her designee. The County Manager may designate any department head as the hearing officer; provided, a department head who is substantially involved in or connected with the bid solicitation or bid award process shall be deemed disqualified from serving as the hearing officer, unless such involvement or connection is purely ministerial in nature. 31 13. All hearings shall be conducted pursuant to written notice to the protesting party, the County Attorney’s Office and all intervenors by the hearing officer specifying the time, date and place of the hearing. Particular rules and procedures governing each such hearing are as follows: a. The audio thereof shall be recorded electronically. b. Prior to the hearing only, motion practice may be permitted by the hearing officer in his or her discretion in accordance with the rules governing the same set forth in Rule Chapter 28-106, Florida Administrative Code. All motions shall be ruled upon prior to or at the start of the hearing, except that rulings on motions in limine may be deferred to an appropriate time during or after the hearing. c. Prior to the hearing, the protesting party, the County and all intervenors must confer and endeavor to stipulate to as many relevant and undisputed facts upon which the decision is to be based as may be practicable. Such stipulation must also identify those issues of material fact, if any, that remain in dispute. The stipulation must be reduced to a writing signed by or on behalf of the protesting party, the County and all intervenors, and be submitted to the hearing officer at least two business days prior to the hearing. The stipulation may include an appendix comprising documents that shall be deemed admitted and considered as evidence for purposes of the hearing, or referring to tangible items deemed admitted and considered as evidence for purposes of the hearing, which items shall either be presented at the hearing or, if such presentation is impractical, submitted to the hearing officer by graphic, descriptive, representational, photographic, videotape or similar medium properly depicting or characterizing the items. d. The protesting party and all intervenors shall have the right to appear before the hearing officer at the hearing in proper person or through counsel and, as to those issues of material fact, if any, that remain in dispute, as identified in the stipulation, to present relevant testimonial, documentary and tangible evidence, and to be heard on the substantive issues bearing on the protest. The County shall be deemed a party to the proceeding, and the County Attorney or any assistant county attorney may participate in the protest proceeding, appear before the hearing officer, present evidence and be heard on behalf of the County. e. All witnesses shall be placed under oath by the hearing officer prior to testifying, and shall be subject to cross-examination by any hearing participant. f. Hearsay evidence shall be admissible unless the hearing officer shall determine the same to be redundant, unreliable or prejudicial. g. At the hearing any hearing participant may offer appropriate argument and summation, and submit a written brief and a proposed order, but only after the conclusion of the evidentiary portion of the hearing, if any. 32 h. Immediately following the hearing, the County Manager shall cause a written transcript of all testimonial evidence introduced at the hearing to be prepared expeditiously based upon the audio recording, and shall provide copies of the same to all of the hearing participants. i. Within 7 business days following the hearing, the hearing officer shall submit a recommended order to the County Manager and serve copies on all hearing participants; provided, if the County Manager is the hearing officer, then within 7 business days following the hearing, the County Manager shall issue a recommended order and serve copies on all hearing participants. The recommended order shall contain findings of fact and, based upon such facts, a disposition of the protest; provided, no finding of fact may be predicated solely upon the basis of hearsay. j. The recommended order shall thereafter be submitted to the Board along with the transcript of the hearing testimony and the entire written and tangible record of the protest proceedings at the earliest opportunity to be considered at a time certain, with notice thereof served upon the hearing participants. Each of the hearing participants shall be allowed 3 minutes to address the Board regarding the recommended order, unless the Chairman in his or her discretion shall allow additional time. If a hearing participant intends to challenge any finding of fact in a recommended order that was based upon testimonial evidence, such participant shall be allowed 2 additional minutes for such purpose, and may direct the attention of the Board members to any portion of the transcript relevant to the challenge. The other hearing participants shall each have the right to offer argument in rebuttal to the challenge, and to direct the attention of the Board members to any portion of the transcript relevant to the rebuttal. No testimony or other evidence beyond the record and the transcript shall be presented to the Board. Thereafter the Board shall render its decision on the protest. In so doing the Board shall be bound by the findings of fact in the recommended order that are based upon testimonial evidence, except those for which it upholds a challenge. A challenge shall be upheld only if the finding of fact is not supported by competent, substantial evidence in the record or in the transcript. Otherwise, the Board shall not be bound by any of the provisions of the recommended order. The decision of the Board shall be reduced to a written order signed by the Chairman, and shall constitute final action of the County on the protest. k. The date, type and substance of all ex parte communications between any Board member and a hearing participant, including counsel therefor or any agent thereof, and between any Board member and third party, must be publicly disclosed by the Board member prior to the rendering of the Board’s decision. All such communications that are written or received electronically must be filed for the record, and copies thereof provided to each Board member and hearing participant. 14. All proceedings before the hearing officer shall be informal, and customary rules of evidence shall be relaxed. In all respects both the hearing officer and the Board shall observe the requirements of procedural and substantive due process that are the minimum necessary for accomplishing a fair, just and expeditious resolution of the protest. 33 15. Ex parte communications between a hearing participant and the hearing officer are forbidden. The hearing officer may take such steps as he or she may deem just and appropriate to prevent or sanction attempted ex parte communications, including promptly disclosing the attempted communication, or requiring the offending hearing participant to disclose promptly the attempted communication, to the other hearing participants. Where necessary, the hearing officer may recuse himself or herself, and the subsequently designated hearing officer may order the offending participant to pay for all or any portion of the costs incurred by the County and any other hearing participant strictly as a consequence of the ex parte communication or attempted ex parte communication, else be excluded from further participation. Neither the County Attorney nor any assistant county attorney shall be subject to this subsection or prohibited from engaging in ex parte communications with the hearing officer. 16. The purpose of this policy is to promote fairness and public confidence in the competitive bidding process. To further such end, and except as otherwise specifically provided herein, the substantive law governing the resolution of bid protests found in the decisions of the Florida appellate courts, as well as any statutes or agency rules that may be applicable to the particular bid solicitation, shall guide the hearing officer and the Board in rendering a decision on a bid protest under this section. The significant principles of law governing the bid protest and the resolution thereof, which shall prevail to the extent not otherwise in conflict with any governing statutes or agency rules, are as follows: a. The burden is on the party protesting the award of the bid to establish a ground for invalidating the award. b. The standard of proof for the protest proceeding shall be whether the proposed award was clearly erroneous, contrary to competition, arbitrary, or capricious. c. The proposed award shall be deemed arbitrary or capricious if it is contrary in a material way to any governing statutes, the County’s rules or policies, or the bid or proposal instructions or specifications. d. The scope of the inquiry is limited initially to whether the proposed award is improper under the foregoing standard of proof. If and only if the hearing officer first determines on the basis of competent and substantial evidence that the proposed award is improper, then the hearing officer may recommend, in accordance with the law and this policy, an alternate disposition for the proposed award. Such disposition may include, but shall not be limited to, rejecting all bids, or awarding all or a portion of the bid to the protesting party. e. A bid protest proceeding may not serve as a vehicle for the Board to revisit the proposed award absent a determination of impropriety as set forth above. 17. By written agreement amongst the protesting party, the County, and all then-existing intervenors, any provision of this section pertaining to the procedures for resolving a protest for which a petition has been timely filed may be modified or waived so long as such modification 34 or waiver shall not hinder or thwart the proper and expeditious resolution of the protest, or otherwise operate to undermine the salutary purposes of competitive, public bidding. 18. Only to the extent necessary to avoid a miscarriage of justice or to prevent a manifest violation of a hearing participant’s procedural or substantive due process rights, a hearing officer may modify or suspend the applicability of any of the provisions or requirements of this section in the course of conducting a protest proceeding hereunder; provided, a hearing officer may not modify or suspend any of the provisions or requirements of subsections 3, 4, 6, 7, 8, 16, 20, 21 and 22 hereof. 19. Except and to the extent specifically provided in this section, and except and to the extent otherwise specified provided by written agreement amongst the protesting party, the County, and all then-existing intervenors, no provisions of Rule Chapter 28-106, Florida Administrative Code, shall be deemed applicable to the resolution of protests under this section. 20. For purposes of this section, the filing with the County Manager of a written notice of protest or of a written petition initiating a formal protest proceeding shall be deemed accomplished only when the original written notice or original written petition has been physically received by the County Manager or his or her designee. A notice or petition shall be deemed original only if it bears the original signature of the protesting party or such party’s authorized agent. No notice or petition may be filed by facsimile transmission or by e-mail, and any notice or petition received in such manner shall be deemed unfiled and ineffective. The use of an overnight delivery service or of the United States Postal Service to file a notice or petition shall be entirely at the risk of the person submitting the same, and any such notice or petition so received after the applicable deadline shall be deemed untimely. 21. For purposes of this section, a business day shall mean any 24-hour day that is not a Saturday, a Sunday, or a holiday observed by the County. 22. For purposes of this section, counsel shall mean an attorney who is a member of the Florida Bar in good standing. 23. For purposes of this section, all notices of protest and petitions initiating formal protest proceedings, and all stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to a hearing officer shall be on white, opaque paper 8 ½ by 11 inches in size. The pages of all such documents shall have margins on all sides of not less than 1 inch; shall be in Times New Roman or Courier New font no smaller than 12 in size, including footnotes and endnotes; shall have standard double-spacing between lines, excluding quotations, footnotes and endnotes; and shall be numbered at the bottom. All quotations shall be indented. Briefs shall not exceed 15 pages in length, and may not include any appendices. A digital copy of all written stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to the hearing officer must be simultaneously provided to the hearing officer in Word format, version 2000 or later, on compact disc or 3 ½” diskette. 24. For purposes of this section, a hearing participant shall mean and include the protesting party, the County and any intervenor. 35 25. This section shall be construed and implemented so as to secure the just, speedy, and inexpensive resolution of bid protests. (O) UTILITY RELOCATION AGREEMENTS: Prior to soliciting bids for right of way improvements and other public works projects that require the removal or relocation of utilities, agreements with the affected utilities must be entered into providing for the terms, scheduling and conditions of such relocation and removal. The County Manager may develop and maintain such form of agreement as may be appropriate for accomplishing the requirements of this section. (Resolution No. 09/10-65) (P) NO-CONTACT RULE: (Resolution No. 09/10-81) 1. As used in this section and unless the context clearly requires otherwise, the following terms and phrases shall have the meanings herein ascribed: a. Contacting shall mean communicating or attempting to communicate by any means, whether orally, telephonically, electronically or in writing. b. Bidder shall mean any person or entity submitting a response to a bid solicitation, and shall include all owners, shareholders, principals, officers, employees and agents thereof. c. Bid shall mean any bid, request for proposals and request for qualifications. d. Solicitation period shall mean the time between the publication of the notice of the bid and the opening of the bid. e. Evaluation period shall mean the time between the opening of the bid and the award thereof by the Board of County Commissioners. 2. The instructions for all solicitations of bids to be submitted under seal shall include provisions prohibiting bidders from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator, and the foregoing instructions shall so state. 3. The no-contact rule set forth in subsection 2 shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. 36 4. The purpose of the no-contact rule set forth in subsection 2 is to prevent any one bidder from gaining an advantage over other bidders through lobbying or otherwise attempting to influence the procurement decision through discussions or the presentation of information or materials outside of the process contemplated in the bid solicitation package and this purchasing policy, and also to ensure that the dissemination of information from the County entity to bidders regarding the bid solicitation is equal and uniform. 37 From:Paul Bickham To:Lazaro Gonzalez; Calautti, Tommaso Cc:Hamwey, Lara; Arguelles, Nadia Subject:RE: Kennedy Park - Arc/Rainbow: Estimated costs of PIP walking surface ($12.68/SF) Date:Monday, July 27, 2020 11:34:00 AM Attachments:image001.png image003.png image006.png image008.png F&A - BCC minutes.pdf 1819-2 Equip & Amenities Parks & Playgrounds.pdf Importance:High Mr. Calautti, I have attached for your review the BCC Clay County Minutes and the Clay County Contract. The attached BCC Clay County minutes approves the Clay County Contract for Various Equipment and Amenities for Parks and Playgrounds. Please reference Page 4 of the approval letter confirming the activation of the contract. It is very important that you also reference in the Clay County Contract on page 12, bullet 30 confirming the Clay County contract is allowed to be used by Other Government Agencies. Please let me know if you have any questions regarding the Clay Contract. I can be reached at: 321-514-3184 Pbickham@arcflorida.com From: Lazaro Gonzalez <lgonzalez@arcflorida.com> Sent: Monday, July 27, 2020 10:58 AM To: Calautti, Tommaso <TCalautti@miamigov.com> Cc: Hamwey, Lara <lhamwey@miamigov.com>; Arguelles, Nadia <narguelles@miamigov.com>; Paul Bickham <PBickham@arcflorida.com> Subject: RE: Kennedy Park - Arc/Rainbow: Estimated costs of PIP walking surface ($12.68/SF) Good morning Mr. Calautti. Thank you for the opportunity to provide additional information on the Kennedy Park Trail. I'm currently on the road but our contracts manager Paul Bickham will be forwarding you the information requested. Both our construction Company. Play Space Services, Inc and our Rep Firm, Advanced Recreational Concepts, LLC are awarded the Clay County contract. Paul will send you the award letters for both. Normally, we provide all materials through our Advanced Recreational Concepts company and the labor is provided through the Play Space Services company. This helps our company deal with the Use Tax issue in a favorable manner providing more value to the client. The contract pricing net result is exactly the same. Please feel free to contact me so we may discuss this any questions or concerns you may have. I will be at my desk today after 2pm. Thanks again for the opportunity to serve. Lazaro Gonzalez BOARD OF COUNTY COMMISSIONERS CLAY COUNTY, FLORIDA RFP NO. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS DUE DATE: Monday, March 18, 2019- 4:00 p.m. OPEN DATE: Tuesday, March 19, 2019 -1:00 p.m. Issued By: Clay County Board of County Commissioners Purchasing Department TABLE OF CONTENTS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Request for Proposal Advertisement .................................................................................... 3-5 Request for Proposal Instructions ....................................................................................... 6-12 Specifications ..................................................................................................................... 13-17 Bid Forms .......................................................................................................................... 18-20 Sample Quote Sheet ................................................................................................................. 21 Corporate Details ..................................................................................................................... 22 Certification Regarding Debarment ......................................................................................... 23 Scrutinized Companies Certification ....................................................................................... 24 No Bid Statement ..................................................................................................................... 25 Procedures for Bid Opening .............................................................................................. 26-37 Attachments: Form W-9 2 REQUEST FOR PROPOSAL NOTICE NOTICE IS HEREBY GIVEN that sealed proposals will be received until 4:00 P.M., Monday, March 18, 2019, at the Clay County Administration Building, Fourth Floor, Reception Area, 477 Houston Street, Green Cove Springs, Florida 32043, for the following: RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Proposals will be opened at 1:00 P.M., or as soon thereafter as possible, on Tuesday, March 19, 2019 in the Clay County Administration Building, Conference Room “B”, Fourth Floor, 477 Houston Street, Green Cove Springs, Florida, in the presence of the Purchasing Department staff and all other interested persons. The opened Proposals will be read aloud, examined for conformance to specifications, tabulated, and preserved in the custody of the Purchasing Department. Proposals submitted will be evaluated by the Finance and Audit Committee. The Finance and Audit Committee of the Board will present its recommendation to the Board of County Commissioners as soon thereafter as possible. At the discretion of the Board of County Commissioners or the Finance and Audit Committee, companies submitting proposals may be requested to make oral presentations as part of the evaluation process. Proposals will not be valid unless received by the proposal deadline and in a sealed envelope marked “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” to be received until 4:00 P.M., Monday, March 18, 2019. Envelopes are to be submitted in person or delivered by courier to the above address. No postal mail will be accepted. During the bidding process, all prospective proposers are hereby prohibited from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator (as specified in Section P of Chapter 8 of the Purchasing Manual attached hereto). The no-contact rule set forth shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided for in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. For information concerning procedures for responding to this Bid, contact the Purchasing Department, Donna Fish by email purchasing@claycountygov.com or at (904) 278-3761. The County reserves the right to waive formalities in any response, to reject any or all responses with or without cause, to waive technical and non-technical or non-material defects in the solicitation or submittal of any responses, including the lack of availability of adequate funds, regulatory agency requirements, to make award in part or completely, and/or to accept the response that, in its judgment, will be in the best interest of the County of Clay. Bid proposals in which the prices obviously are unbalanced will be rejected. 3 FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent- bids-rejection-bids. THIS WEB PAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: www.claycountygov.com BY FOLLOWING THE “NOTICE OF INTENT BIDS” LINK UNDER THE “BUSINESS” ROLLOVER BUTTON ON THE COUNTY’S HOMEPAGE. NO OTHER NOTICE WILL BE POSTED. PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, OR THE FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8. (N), OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. A person or affiliate who has been placed on the convicted bidder list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted bidder list. --------------------------------------------END OF NOTICE----------------------------------------- 4 REQUEST FOR PROPOSAL INSTRUCTIONS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS 1. Delivery and Receipt of Bids: All sealed Proposals submitted shall be received by the Purchasing Department of Clay County, Florida. Proposals submitted in person or by courier services will be received at: Clay County Administrative Building Fourth Floor, Reception Area 477 Houston Street, Green Cove Springs, Florida 32043 Three copies of the Proposal must be received in a sealed envelope. Proof of liability insurance, form W-9 taxpayer identification number, and bid information shall be included with all responses submitted. The words “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” shall be clearly marked on the front and back of the envelope containing the Proposal. 2. Due Date and Opening Date: Proposals will be received by carrier or in person until Monday, March 18, 2019 at 4:00 p.m. and will be opened on Tuesday, March 19, 2019 at 1:00 p.m. or soon thereafter, in the Clay County Administration Building, 477 Houston Street, Conference Room “B”, Fourth Floor, Green Cove Springs, Florida. Bids will be reviewed by Clay County as soon thereafter as possible. A. All Proposals will be “clocked” at the time they are received to indicate the time and date of receipt. B. Proposals WILL NOT be accepted in person after the time and date specified. C. Proposals received by carrier WILL NOT be accepted if they are received after the time and date specified regardless of the circumstances. D. No postal mail will be accepted. 3. Withdrawal of RFP: Proposals may be withdrawn by a written or faxed request by the Bidder and received by the Purchasing Department before the date and time for receiving Proposals has expired. Negligence on the part of the Bidder in preparing a Proposal is not grounds for withdrawal or modification of a Proposal after such Proposal has been opened by the County. Bidders may not withdraw or modify a Proposal after the appointed Bid Opening. Bidders may not assign or otherwise transfer their Proposals. 4. Inquiries/Questions: Any questions regarding this RFP must be directed to Donna Fish (the authorized contact person) via email at purchasing@claycountygov.com (preferred method) or by calling (904) 278-3761. Written inquiries/questions must be received by March 6, 2019. Responses to questions, clarifications, and addenda will be distributed to potential Bidders by email. It is the responsibility of interested Bidders to verify if this information has been issued prior to submitting a Bid. 6 5. No Contact Period: During the Bidding process, all prospective Bidders are hereby prohibited from contacting (1) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (2) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any Bid submitted by the violator, as specified in Section P of Chapter 8 of the Clay County Purchasing Manual. Exceptions: The no-contact rule set forth shall not apply to inquiries submitted to the authorized contact person, the pre-bid conference, or to formal presentations by finalists to the Board of County Commissioners or to the County’s evaluation committee. 6. Additional Evaluation: The County reserves the right to request any additional information from Bidders after Bid Opening and before award as may be necessary to assist in review and evaluation of any Bid prior to submittal of a recommendation for award to the Board of County Commissioners. 7. Award: The Bid will be awarded to the responsible Bidder(s) submitting a Bid determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to award to multiple bidders. 8. Waiver of Formalities/Rejection of Bids: The County reserves the right to waive formalities in any Bid, to reject any or all Bids with or without cause, to waive irregularities/technicalities, and waive technical and non-technical or non-material defects in the Bid document or submittal of any Bid. The County reserves the right to make award either in part or completely, and/or to accept the Bid that, in its judgment, will be in the best interest of the County. Bids in which the prices obviously are unbalanced will be rejected. The County reserves the right to reject any and all Bids and to re-advertise for all or any part of this solicitation as deemed in its best interest. 9. Cancellation of Bid: Clay County reserves the right to cancel a solicitation at any time prior to approval of the award. The decision to cancel a solicitation cannot be the basis for a protest under the formal protest process as referenced herein. 10. No Bid: Each company not intending to respond to this Bid should reply with a written “No Bid Statement”. Such action will maintain the company on the appropriate active Bidder solicitation list. Three (3) failures to respond to solicitations may result in deletion from the Bidder solicitation list. 11. Bid Errors: Where Bid forms have erasures or corrections, each erasure or correction must be initialed in ink by the Bidder. In case of unit price Bid items, if an error is committed in the extension of an item, the unit price as shown in the Bid response will govern. Errors between any sum, computed by the Bidder, and the correct sum thereof will be resolved in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words. 12. Deviations: Bidders are hereby advised the County will only consider Bids that meet the specifications and other requirements imposed upon them by this Bid document. In instances where a deviation is stated in the Bid Form, said Bid will be subject to rejection by the County in recognition of the fact that said Bid does not meet the exact requirements imposed upon the Bidder by the Bid or Contract documents. 7 13. Bid Protests: Any company affected adversely by the County’s decision may file with the County Purchasing Department a “Notice of Protest” in writing within 72 hours after the posting of the recommended award. Failure to file a written Notice of Protest shall constitute a waiver of proceedings under Chapter 8 (N) of the Clay County Purchasing Policies. Failure to file a written petition initiating a formal protest proceeding within the time frame and in the manner prescribed in Section 8 (N) of said policy shall constitute a waiver of the right to protest the Bid solicitation, any addendum thereto, or the Bid award recommendation or decision, and to initiate a formal protest proceeding under said policy. The County’s Purchasing Policy may be viewed at the County’s website by following the appropriate links from the Homepage. 14. Public Entity Crimes: Pursuant to Section 287.133(2)(a) of the Florida Statutes, 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 for a Contract to provide any goods or services to a public entity, may not submit a Bid for a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a Bid, Bidder attests that they have not been placed on the “Convicted Vendor List”. 15. Debarment: By submitting a Proposal, the Bidder certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting proposals for contracts issued by any subdivision or agency of the State of Florida. 16. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 17.Scrutinized Companies Certification: In compliance with subsection (5) of Section 287.135(5), Florida Statutes the Bidder certifies that the company is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and does not have business operations in Cuba or Syria as defined in subsection (1) of the Statute. The included Scrutinized Companies Certification Form must be completed and returned as part of the bid submittal. 18. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 8 19. Copyright Restrictions: Both the County seal and the County logo are being registered for a copyright. Neither the Clay County seal nor the logo may be used or provided to non-Clay County government users for use on company Bids, presentations, etc. 20. Indemnification: The awarded Bidder shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the company and other persons employed or utilized by the company in the performance of the Contract. The provisions of Florida Statute 768.28 applicable to Clay County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute. No officer, employee or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act. The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 21. Insurance Requirements: Prior to commencement of the project, the awarded Bidder shall provide the County Purchasing Department with proof of the following insurance: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverages as required by Florida law c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by Contract-per occurrence $ 1,000,000 9 The awarded Bidder must maintain insurance coverage at the above-prescribed levels through the date of completion of the project and such coverage must include all independent Contractors and Subcontractors. Either prior to, or simultaneously with the execution of the Contract, the awarded Bidder must deliver certificates of insurance for the required insurance coverage to the County naming “Clay County, a political subdivision of the State of Florida, the Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insured.” Said certificates of insurance shall also include a thirty- day prior written notice of cancellation, modification or non-renewal to be provided to the County. 22. Performance and Payment Bond Requirements: Performance and Payment Bonds are not required for projects of $200,000.00 or less. Prior to commencement of a project exceeding $200,000.00, the awarded Bidder shall file a 100% Performance Bond and Payment Bond (using Clay County’s Standard Form) in the Public Record of Clay County, Florida, Recording Dept./Room 130, 825 North Orange Avenue, Green Cove Springs, Florida 32043. The recorded Performance and Payment Bonds shall be provided prior to the commencement of construction to Clay County Purchasing Department, PO Box 1366, Green Cove Springs, Florida 32043. Performance and Payment Bonds must be increased in accordance with any change order increases on the project. 23. Bid Preparation Costs: By submission of a Bid, the Bidder agrees that all costs associated with the preparation of his/her Bid will be the sole responsibility of the Bidder and shall not be borne by the County. The Bidder also agrees that the County bears no responsibility for any costs associated with the preparation of their Bid and/or any administrative or judicial proceedings resulting from the solicitation process. 24. Business Registration Requirement: In accordance with Chapters 605-623, Florida Statutes, in order to do business in the State of Florida, corporations (and other business designations) are required to be registered and in good standing with the Department of State, Division of Corporations. To be eligible to receive a contract and/or purchase order registration must be accomplished prior to the initial posting indicating intent to award to that vendor. Failure to be registered may be cause for disqualification. Contact the Division of Corporations at (850) 245- 6000. Online-filing is available at: http://dos.myflorida.com/sunbiz 25. Contractor Qualifications and Requirements: At the time of Bid Opening, all Bidders must be certified or registered pursuant to Chapter 489, Florida Statutes, or hold a Clay County certification under Article III of Chapter 7 of the Clay County Code, as applicable, at the time of submitting a Bid. All Bidders must submit evidence of current state certification or registration, or County certification, as applicable, prior to award of this Bid. The following licensing requirements shall apply when the applicable Florida statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. a. State of Florida, Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work. b. Said licenses shall be in the Bidder's name as it appears on the Bid Form. Bidder shall supply a copy of each applicable license showing the appropriate license numbers, with expiration 10 dates as required by the County. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the Bid and/or termination of the Contract. c. Subcontractors Contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. Said license must be in the name of the subcontractor. The following licensing requirements shall apply when applicable (Contractor Prequalification): Florida Law and Rules of the State of Florida, Department of Transportation, require contractors to be prequalified with the Department in order to bid for the performance of road, bridge, or public transportation construction contracts greater than $250,000.00. The Contractor Prequalification process results in the issuance of a Certificate of Qualification for each successful applicant which lists the approved work classes and the Maximum Capacity Rating in dollars. It is the responsibility of potential bidders to review the requirement and meet the qualifications listed at: http://www.dot.state.fl.us/cc- admin/PreQual_Info/prequalified.shtm. Contractors not meeting the applicable work types associated with the scope of the work may utilize subcontractors to assist with meeting the requirement of all necessary prequalification work classes. 26. Qualification: The County shall have the right to review the references, experience of assigned personnel, and qualifications of the Contractor in order to make the final determination of acceptability of the Contractor to be awarded the Contract and construct the work. The Board of County Commissioners may reject, at its sole discretion, any Bidder the Commission finds to lack, or who’s present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The Commission's finding may be based on any of the following factors: the disclosure required herein, the County's own investigation, public records, or any other reliable source of information. The Commission may also reject any Bidder failing to make the disclosure required herein. By submitting a Bid, Bidder recognizes and accepts that the Board of County Commissioners may reject any Bid at its sole discretion and the Bidder waives any claim it might have for damages or other relief arising from the rejection of its Bid or resulting directly or indirectly from the rejection of its Bid based on these grounds or from the disclosure of any pertinent information relating to the reasons for rejection of its Bid. 27. Subcontractors: The County reserves the right to approve all Subcontractors for this Contract. If Subcontractors are to be utilized, their names and references must be included within this Bid. Responsibility for the performance of the Contract remains with the main Contractor exclusively. After the commencement of the project, subcontractors may be added or modified during the Contract period only with prior written permission from the County, and only for reasonable cause, as judged by the County. 28. Interpretation of Plans and Specifications: No interpretation of the meaning of the plans, specifications, or other Contract documents will be made to any Bidder orally. Every request for interpretation should be in writing addressed to the Purchasing Department. To be given consideration, such requests must be received no later than March 6, 2019. 11 Any and all such interpretations and any supplemental instructions will be in the form of a written addendum. All Addenda issued shall become part of the Bid and Contract documents, and receipt must be acknowledged on the Bid Form, by completion of the applicable information on the Addendum, and submitting it with the Bid. Failure to acknowledge Addenda which have no effect on the competitive nature of the bidding process may be a waiveable deviation at the County’s sole discretion. 29. Conflict of Interest: The award hereunder is subject to Chapter 112, Florida Statutes. All proposers must disclose with their Proposal, any personal or organizational conflicts of interest pursuant to Section 112.313, Florida Statutes, the name of any officer, director, or agent who is also an employee of the Clay County Board of County Commissioners. Further, all proposers must disclose the name of any Clay County Board of County Commissioners employee who owns, directly or indirectly, an interest of the proposer’s firm or any of its branches. 30. Use of Contract by Other Government Agencies: At the option of the Bidder, the use of the Contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the Bidder to use this Contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 31. Execution of Contract and Notice to Proceed: The awarded Bidder may be required to sign a written Contract. Said Contract will evidence in written form the agreement between the parties. 32. All payments made under this Bid will be made in accordance with the Local Government Prompt Payment Act; in effect, not later than 45 days from receipt of proper invoice. 33. At the discretion of the Board of County Commissioners any Committee contemplated herein, Vendors submitting proposals may be requested to make oral presentations as part of the evaluation process. 12 RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS – SCOPE OF SERVICES (Provided by Parks and Recreation Department) SCOPE: The purpose of this bid invitation: 1. Establish a firm, fixed percentage discount from manufacturer’s and/or bidder’s current catalog/supply/product information price list for the purchase of various equipment and amenities for parks and playgrounds as requested by the Clay County Division of Parks and Recreation. The County reserves the right to award to multiple bidders. 2. Establish a firm, fixed percentage of manufacturer’s and/or bidder’s current catalog/supply/product information price list, after applying the above requested discount for purchase, for the installation of various equipment and amenities. It is understood that bidder’s current catalog/supply/product information price list are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation above and beyond what has already been presented in your bid. If the bidder offers specialized catalogs, the catalogs must be submitted separately from any other catalog offered by the bidder. 3. This bid is also a means for qualifying vendors for ball park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis as defined in the method of ordering section of this bid utilizing prices provided in bid response. The qualified vendor(s) providing the lowest responsive quote will be awarded the project. 4. There is no guarantee any purchases will be made after award. Purchase orders will be issued subject to availability of funds. RESPONSIBILITY: Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and installation, of various equipment and amenities for parks and playground equipment or amenities ordered, unless otherwise specified by the County. The County may elect, in certain circumstances, to purchase only materials and have those materials installed by others (e.g., volunteers, County staff). These items will be shipped to a designated location and off-loaded by the bidder or bidder’s representative. QUALIFICATION OF INSTALLERS: If a bidder utilizes a sub-contracted installer for any park or playground equipment, a list of sub- contracted installers must be included with their bid. Additionally, the bidder must supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub- contracted installer, is an authorized installer, certified to install various equipment and amenities for parks and playground equipment as required by each manufacturer. CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS: Each bidder shall submit with this bid, at no charge, two (2) sets of each current catalog/supply/product information price list as well as current MSRP list for each catalog 13 submitted. All catalogs and/or MSRP lists shall clearly identify bidder’s name, address and telephone number. The vendor shall supply at no charge, two (2) sets of each then current catalog/supply/product information price list as well as current MSRP list for each catalog submitted upon price changes. At renewal time Vendor may request that new manufacturers be added. County reserves the right to approve or deny this request. COMPLIANCE WITH LAWS AND CODES: Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal safety regulations. The following publications (issue in effect on date of invitation to bid) shall form a part of this specification: A. American Society for Testing and Materials (ASTM): ASTM-F1487 Standards – Methods of testing Playground Equipment for Public Use. ASTM-F1292 Standards - Method for testing various surfacing materials to determine their “critical height” (the fall height below which a life threatening head injury would not be expected to occur) Copies may be obtained from the - American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428 B. Consumer Product Safety Commission (CPSC) – printed Handbook for Public Playground Safety. Copies may be obtained from the - US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301) 504-7923 C. National Playground Safety Institute (NPSI) – identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from the - National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148-4150 (703) 858-0784 D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. 14 Copies may be obtained by calling: (800) 514-0301 Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the County a certificate so stating the equipment /surfacing and its installation meet all Federal and State requirements as outlined in the above publications. Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance shall be borne by the bidder. INVOICING: Invoices may be issued once equipment, materials, and supplies are delivered and/or installed to the county’s satisfaction. At a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment terms are Net 45 days per the Local Government Prompt Payment Act. TERMS OF CONTRACT: The term of bid award for various equipment and amenities for parks and playgrounds will be three (3) years, with two (2) one (1) year renewal options. Discounts from this solicitation shall prevail for the full duration of the contract and including subsequent extensions. County reserves the right to use other available bids or contracts when in the best interest of the County. METHOD OF ORDERING: The County may generate a Request for Quotation, on an “as needed” basis, for park and playground equipment and/or ball field lighting together with a request for additional services required to complete that project (see attached Quote sample sheet). The County reserves the right to send such Request for Quotation to any or all awarded bidders. The Request for Quotation can define the project exactly or the Request for Quotation can describe a desired end result, allowing the bidder to design the park or playground site. After generating a Request for Quotation for a project, and before bidder’s submission of its quotation in response to the Request for Quotation, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize the bidder(s) with the site and determine additional services that may be required to complete the project. Bidders will be responsible for the accuracy of all fixed measurements. The bidder’s quotation in response to the Request for Quotation must contain each of the following: 15 • A detailed breakdown of the cost for the entire project. Descriptions of additional services related to the project, together with their price, shall also be listed. • Include Catalog Name, Number and associated discount. When quoting projects where freight would be charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. • Names of any and all subcontractors on the project. It is understood the bidder remains responsible for project completion and acceptance by the County. The County reserves the right to reject any quotation in response to a Request for Quotation if said quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. • Project Completion Date. • Include an updated catalog, if needed and updated MSRP lists for the park and play equipment specifically quoted. The County will generate purchase orders as a result of approved “Request for Quotations” submitted, at the sole discretion of the County. The County reserves the right to not award to any, or to use other available bids or contracts when in the best interest of the County. PROMOTIONAL PRICING: During the contract period, bidders shall extend any pricing offered on a “promotional” basis from the manufacturer to the county. It will be the bidder’s responsibility to monitor said items and report any that are or will be offered at lower prices. SUPERVISION: A bidder’s job supervisor/representative shall be on the work site at all times and be thoroughly knowledgeable of the materials, job requirements, plans, specifications and installation functions. Contractors shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). JOB COMPLETION: Bidder/installer shall be responsible for all materials received and signed for from date of order to completion of job installation. Bidder/installer shall be responsible for cleanup and removal of all debris resulting in job completion. Bidder/installer shall be responsible for restoring the work site to its original condition at the completion of the project. This shall include re-sodding of the area affected by their work with sod which is of the same variety and quality as the surrounding sod. Where no sod exists prior to installation, the contractor shall restore grade to a level consistent with the surrounding grade. 16 RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY: The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being performed. The bidder shall be responsible for the protection of all buildings, structures, and utilities that are underground, above ground, or on the surface from their operations that may be hazardous and/or damaging to said facilities. Bidder shall leave work site in a neat and orderly fashion at the end of each work day. Any damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed prior to the damage. All costs incurred for repair or replacement shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall be paid by the bidder or deducted from their invoice. VIOLATIONS/DEFAULT: In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written notice stating the deficiencies and given ten (10) days to correct deficiencies found. The County reserves the right to terminate any bid, contract, or purchase order at any time due to any violation. In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all remedies in law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined by bidder and County may result in no further purchase being made with such bidder under this Bid. 17 BID FORM RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Bidder: Address: City, State and Zip: Phone: Email: Contact Name(s): Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): (MULTIPLE SHEETS CAN BE USED) 18 RFP #18-19-2, Various Equipment And Amenities For Parks And Playgrounds SUB-CONTRACTOR EQUIPMENT INSTALLERS: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Note: Upon request bidders must supply WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Installers shall have a Certified National Playground Safety Inspector (NPSI) present during installations and repairs. (MULTIPLE SHEETS CAN BE USED) 19 WARRANTY INFORMATION FORM MAKE AND MODEL OF EQUIPMENT PROPOSED: Is there a warranty on the equipment proposed? Yes No Does the warranty apply to ALL components or only part? (State Explicitly) Parts Warranty Period: Service Warranty Period: Nearest source for parts and/or service center (s): Name, address and phone number of the authorized service center (s): 1) 2) 3) Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.) COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: Yes No Name of Bidder: Signature Title Phone Number (MULTIPLE SHEETS CAN BE USED) 20 Example Request for Quotation Various Equipment and Amenities for Parks and Playgrounds Description of Project: A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is scheduled for at . Price Quotation: Manufacturer Item and Page Number Quantity MSRP Unit Price Contract Discount Extended Price *When quoting projects where freight would be charged, include those costs so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. Additional Services Required: Description Quantity Unit Price Extended Price Total: $ List any Subcontractors: 1. Name 2. Address 3. Telephone Number 4. Contact Name 5. Designated Work 6. Subcontractor Cost 21 RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS CORPORATE DETAIL Failure to complete all fields may result in your bid being rejected as non-responsive. COMPANY NAME: ____________________________________________________ ADDRESS: ____________________________________________________ ____________________________________________________ ____________________________________________________ TELEPHONE: ____________________________________________________ FAX #: ____________________________________________________ E-MAIL: ____________________________________________________ Name of Person submitting Bid: ___________________________________________ Title: ___________________________________________ Signature: ___________________________________________ Date: __________________________________________ ADDENDA ACKNOWLEDGMENT: Bidder acknowledges receipt of the following addendum: Addendum No. _____ Date: __________ Acknowledged by: _________________________ Addendum No. _____ Date: __________ Acknowledged by: _________________________ Addendum No. _____ Date: __________ Acknowledged by: _________________________ 22 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Form RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS (1) The prospective Vendor, ________________________________, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. (2) Where the Vendor is unable to certify to the above statement, the prospective Vendor shall attach an explanation to this form. Vendor: ______________________________________________ By: ___________________________________________ Signature _______________________________________________ Name and Title _______________________________________________ Street Address _______________________________________________ City, State, Zip ________________________________ Date 23 Scrutinized Companies Certification [Clay County RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS] Name of Company:1 _______________________________________________ In compliance with subsection (5) of Section 287.135(5), Florida Statutes (the Statute), the undersigned hereby certifies that the company named above is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and does not have business operations in Cuba or Syria as defined in subsection (1) of the Statute. (Seal) Insert Name of Company: By: Its 1 “Company” means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. 24 “NO BID” Statement RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS If your company does not intend to bid on this procurement, please complete and return this form prior to the date shown for receipt of Bids to: Clay County Purchasing Department, Attn: Donna Fish, 477 Houston Street, Green Cove Springs, FL 32043 We, the undersigned, decline to bid on the above referenced invitation to bid for the following reasons: Specifications are too restrictive (please explain below or attach separately) Unable to meet specifications Specifications were unclear (please explain below or attach separately) Insufficient time to respond We do not offer this product or service Our schedule would not permit us to perform at this time Unable to meet bond requirements Other (please explain below or attach separately) Remarks: _________________________________________________________________________ ______________________________________________________________________ Company Name: Telephone #:_____________________ Signature: Fax #: ________________________ Print Name: Title: __________________________ Address: _________________________________________________________________ City: Zip: _______________________________________ 25 CHAPTER 8: PROCEDURES FOR PUBLIC BID OPENINGS (A) Purpose: The purpose of this chapter is to specify procedures for the submittal, receipt, opening and recording of all formal bids required by all of the various laws, ordinances, and other procedures and manuals governing the solicitation and awarding of public bids in Clay County, Florida, including but not limited to: a. Section 336.44, Florida Statues (2001). b. Applicable Provisions of Clay County Code. c. Florida Department of Transportation Standard Specifications, most recent edition. (B) Time of Opening: All bids shall be submitted to the Purchasing department, 4th Floor, Clay County Administration Building, 477 Houston Street, Green Cove Springs, Florida, which shall record receipt thereof by date and time on the bid envelope. Upon receipt, the Purchasing department will maintain custody and control of all bid submittals until after they have been opened. The deadline for a particular bid submittal shall be 4:00 P.M., of the Monday immediately preceding the Tuesday upon which the bid is to be opened. No bid shall be opened unless and until proof by publisher's affidavit of publication of the bid solicitation is received and filed by the Purchasing department. Bidders and the public are welcomed to attend the opening and all subsequent committee and commission meetings related to the bids. (C) Form of Bid Submittal: All bids shall be submitted in triplicate, (and if applicable only on the forms provided by the County or its staff). Each bid and its accompanying materials shall be submitted in a single, sealed and opaque envelope. The following items shall be prominently marked on the cover of the envelope by the party making the submittal prior thereto: a. The number assigned to the particular bid solicitation. b. The title of the bid exactly as it appeared in the published solicitation. c. The date of the bid opening. (D) Bid Receipt Procedure: The County Manager shall, in cooperation with his or her Department heads and the Purchasing department, assign a specific and discrete number and title to each bid solicitation, which shall be contained in the Request for Bids, the newspaper publication, specifications and the Bid Form thereof. Three copies of each request for bid shall be submitted to the Purchasing department for distribution as provided in Section F hereof, and the "Request For Bids" shall be signed prior to publication. (E) Place of Opening: All bids properly submitted shall be opened in a public location so designated in the bid solicitation. (F) Distribution of Copies: Upon the opening of a bid, one copy shall be distributed to the head of the originating department. Purchasing shall submit to the Finance committee of the Board a tabulated list of all bidders and their bids, including bid number, name, staff assigned, a recommendation to include but not be limited to the lowest responsive and responsible bid, or in a proper circumstance the best bid, budget information and alternatives. All staff assigned to evaluate bid and RFP responses shall do so observing all requirements of the Sunshine Law and 26 in meetings noticed at least 72 hours in advance thereof. The Purchasing department shall serve as the permanent record holder for the County Manager. (G) Committee Review, Report and Recommendations: Bids shall be reviewed by the Board’s Finance committee following the bid opening. The Committee should, in the absence of unusual circumstances, report its recommendation to the Board at the Board's next regularly scheduled meeting, which shall include a tabulated list of all bidders and their bids. In all events, the County Manager shall cause to be spread upon the minutes of the regular meeting of the Board next following the opening of a particular bid, a list of all bidders and their bids. Upon being awarded a bid, and if a contract is entered into with the successful bidder then the County’s Standard Addendum and IRS Form W-9, Request for Taxpayer Identification and Certification must be completed. (H) Ineligible Bid: Any bid that does not meet the foregoing requirements for form, time of submittal, number of copies or the specifications advertised will be rejected and the reasons stated therefor; provided that the Purchasing department shall reject and return unopened all bids which do not meet the foregoing requirements for time of submittal, or envelope markings. Bids that do not meet requirements for form will be rejected and declared "No Bid". The Board reserves the power to reject all bids and in its discretion to re-advertise the solicitation. (I) Bid Withdrawal Period: Any bid submitted requires a five (5) percent bond unless waived by the Board prior to solicitation, which cannot be withdrawn for a period of 30 days subsequent to the date of the bid opening, notice of which shall be incorporated in all requests for bids. As used herein, the term bond shall include cashier or certified checks payable to the County. All such checks shall be held by the Finance department for safekeeping immediately upon acceptance of the bid (but not deposited). The Finance department is hereby authorized to return each bond to the submitting party, as soon as practicable, upon written request to the Finance department, but only after a bid and contract have been awarded and executed between the County and the successful bidder for a particular project, or in the event that all bids have been rejected by the Board, or in the event the time provided that the bid shall remain in effect shall have expired and the bid submitter requests its return in writing. (1) Vendors bidding on SHIP rehabilitation projects are exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (2) Vendors bidding on commodities price contracts, or any other type of contract that does not commit the Board to an actual exchange transaction (purchase) but rather seeks only a fixed unit price commitment from a vendor in the event a future purchase decision is made, shall be exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (J) Bid Addenda: All addenda distributed subsequent to the initial distribution of specifications shall be sent by certified mail/return receipt requested, said return receipt to be returned to the Purchasing department identified by bid number. Prior to mailing, a copy of each addendum shall be received by the Purchasing department, provided that no addendum shall be mailed later than five (5) working days prior to the scheduled bid opening date. 27 (K) Bid Tabulation Form: The bid Tabulation Form used at bid openings shall include a place thereon for three witnesses to sign. This procedure will eliminate the need for signing each individual bid at the time of opening, thus requiring the three witnesses to sign only once for each bid number submitted. (L) Authority to Delay Bid Openings: The County Manager is hereby authorized, without seeking prior approval of the Board in any particular case, to order a delay of any bid opening from its scheduled date and time to a time certain on the agenda of the next regularly scheduled meeting of the Board, or such special meeting called for such purpose. The delay may be ordered at any time prior to the time of the scheduled opening, provided that such order be in writing, addressed and delivered to the Purchasing department with a copy delivered to the County Manager, and that copies thereof be mailed by certified mail, return receipt requested to all responding bidders as soon thereafter as is reasonably practicable. Upon receipt of the order, the Purchasing department shall immediately record the date and time thereof. The Purchasing department shall continue to accept sealed bids up until the applicable deadline. At the date and time originally scheduled for the bid opening, the Purchasing department shall announce the delay order to all in attendance and shall continue to maintain in its custody all properly submitted sealed bids until further order of the Board. At the time certain scheduled before the Board, the County Manager shall present his reason or reasons for the delay order and his recommendation for disposition of bids submitted. The Board may order the bids to be opened then and there, or at some other time and date certain; it may cancel the bid and order the return of all bids unopened; it may order a further delay of the bid opening; or it may make any other order appropriate to the circumstances. If the bids are ultimately opened, they shall be reviewed as provided elsewhere herein. If a delay occurs as provided herein, then the 30 day withdrawal period as provided in 8(I) shall commence upon the date of the actual bid opening, provided such date is not more than 60 days subsequent to the originally scheduled date. No delay shall be ordered beyond such 60 day period, unless the parties submitting timely bids consent to such delay in writing. In no event is the County Manager authorized to extend the deadline for bid submittals for any particular project, only the bid opening date. (M) Contractor's Insurance Requirement: 1. Any Contractor submitting a bid for any public works project must include, within its initial bid response, proof of the following insurance, in effect continuously from the date of submittal through the 60 days subsequent to the scheduled bid opening date: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverage as required by Florida law 28 c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by contract-per occurrence $1,000,000 2. Upon being awarded the bid, the contractor must provide proof that such insurance will be in effect from the date of commencement of the project. The contractor will maintain insurance coverage at the above-prescribed levels through the date of completion of the project and that coverage will include all independent contractors and subcontractors. Either prior to or simultaneously with the execution of the contract, the successful bidder must deliver certificates of insurance for the required insurance coverages to the County naming “Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insureds.” Said certificates of insurance shall also include a thirty day prior written notice of cancellation, modification or non-renewal to be provided to the County. 3. The Board reserves the right to waive, raise or lower the minimum coverages required for particular projects prior to bid solicitation by affirmative action. The Board will not waive any defects in a bid submittal pertaining to matters under this subsection. (N) Bid Awards and Protests: 1. Both the INSTRUCTIONS and the PUBLISHED NOTICE for every sealed bid solicitation shall include conspicuously the following statements: FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: [insert bid notice web address1]. THIS WEBPAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: [insert County’s homepage address2] BY [insert suitable directions3]. NO OTHER NOTICE WILL BE POSTED. 1 As of the date on which this Purchasing Policy was adopted, the bid notice web address was: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent-bids-rejection- bids 2 As of the date on which this Purchasing Policy was adopted, the County’s homepage address was: http://www.claycountygov.com/. 3 As of the date on which this Purchasing Policy was adopted, suitable directions would be: “FOLLOWING THE “Notice of Intent Bids” LINK UNDER THE “Business” ROLLOVER BUTTON”. 29 PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE FAILURE TO FILE A WRITTEN NOTICE OF PROTEST AND TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8.N. OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUIRY. 2. Unless otherwise expressly directed by the Board in its decision on a bid award, immediately following such decision the County Manager shall cause a “Notice of Intent to Award Bid” or a “Notice of Rejection of All Bids” to be posted on the County’s website, with the time and date of posting appearing thereon. Notice shall not be posted elsewhere. The notice shall be posted in portable document format or other secure format. 3. The failure on the part of a prospective bidder to include within the sealed bid envelope a proper bid bond or other security approved under this policy, if required for the particular bid solicitation, or the failure by a prospective bidder to file a written notice of protest and to file a written petition initiating a formal protest proceeding within the times and in the manner prescribed in this section shall constitute a waiver of the prospective bidder’s right to protest the bid solicitation, any addendum thereto, the Board’s bid decision, as applicable, and to initiate a formal protest proceeding hereunder. 4. A prospective bidder is solely responsible for determining whether a particular bid solicitation requires a bid bond, and for resolving any doubt by making appropriate inquiry. 5. The County Manager shall cause a copy of this policy to be posted on the County’s website in portable document format or other secure format. The County Manager shall cause to be established conspicuous and easy-to-follow links to the policy from the homepage. 6. Any person who is adversely affected by a bid solicitation, by any addendum thereto, or by a bid decision may file with the County Manager a written notice of protest no later than 4:30 p.m. on the third business day immediately following the date notice is published, with respect to a bid solicitation; no later than 4:30 p.m. on the third business day immediately following the date of issuance, with respect to a bid addendum; and within 72 hours after the posting of the notice, exclusive of hours occurring during days that are other than business days, with respect to a bid decision. 30 7. A formal protest proceeding shall be deemed commenced upon the timely filing of a written petition initiating the same. A written petition initiating a formal protest proceeding must be filed with the County Manager no later than 4:30 p.m. on the tenth calendar day immediately following the date on which the written notice of protest was filed; provided, if the tenth calendar day is not a business day, then the petition must be filed no later than 4:30 p.m. on the first business day immediately following said tenth calendar day. The petition must set forth with particularity the facts and law upon which the protest is based. The petition must conform substantially with the requirements for petitions set forth in Rule 28-106.201, Florida Administrative Code. References in this section to a petition shall mean a written petition initiating a formal protest proceeding filed in accordance with this subsection. 8. Any protest of a bid solicitation or bid addendum shall pertain exclusively to the terms, conditions, and specifications contained in a bid solicitation or bid addendum, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract. 9. Upon receipt of a formal written notice of protest that has been timely filed, the County Manager shall suspend the bid solicitation or bid award process until the subject of the protest is resolved by final action as specified in this section, unless the County Manager sets forth in writing particular facts and circumstances which require the continuance of the solicitation or award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. Such suspension shall be lifted immediately in the event the protesting party shall have failed to timely file a petition. 10. Intervenors shall be permitted to participate in the formal protest proceeding in accordance with the procedures governing intervenor practice set forth in Rule Chapter 28-106, Florida Administrative Code, and shall be subject to all limitations provided therein applicable to intervenors. 11. In his or her discretion, the County Manager may provide an opportunity to resolve the protest by mutual agreement between the County Manager and the protesting party within 7 calendar days after receipt of a timely petition. Such agreement must be reduced to writing, signed by the County Manager and the protesting party or such party’s authorized agent, and submitted to the Board at the earliest opportunity. The agreement shall not be deemed effective unless ratified by the Board. If the Board shall fail to ratify the agreement, then the protest shall proceed to resolution as hereinafter provided. 12. Within 10 business days following the timely filing of a petition, or, if the Board shall have considered but failed to ratify an agreement submitted to it under subsection 11, then within 10 business days thereafter, a hearing shall be conducted pursuant to subsection 13 before a hearing officer, who shall be the County Manager or his or her designee. The County Manager may designate any department head as the hearing officer; provided, a department head who is substantially involved in or connected with the bid solicitation or bid award process shall be deemed disqualified from serving as the hearing officer, unless such involvement or connection is purely ministerial in nature. 31 13. All hearings shall be conducted pursuant to written notice to the protesting party, the County Attorney’s Office and all intervenors by the hearing officer specifying the time, date and place of the hearing. Particular rules and procedures governing each such hearing are as follows: a. The audio thereof shall be recorded electronically. b. Prior to the hearing only, motion practice may be permitted by the hearing officer in his or her discretion in accordance with the rules governing the same set forth in Rule Chapter 28-106, Florida Administrative Code. All motions shall be ruled upon prior to or at the start of the hearing, except that rulings on motions in limine may be deferred to an appropriate time during or after the hearing. c. Prior to the hearing, the protesting party, the County and all intervenors must confer and endeavor to stipulate to as many relevant and undisputed facts upon which the decision is to be based as may be practicable. Such stipulation must also identify those issues of material fact, if any, that remain in dispute. The stipulation must be reduced to a writing signed by or on behalf of the protesting party, the County and all intervenors, and be submitted to the hearing officer at least two business days prior to the hearing. The stipulation may include an appendix comprising documents that shall be deemed admitted and considered as evidence for purposes of the hearing, or referring to tangible items deemed admitted and considered as evidence for purposes of the hearing, which items shall either be presented at the hearing or, if such presentation is impractical, submitted to the hearing officer by graphic, descriptive, representational, photographic, videotape or similar medium properly depicting or characterizing the items. d. The protesting party and all intervenors shall have the right to appear before the hearing officer at the hearing in proper person or through counsel and, as to those issues of material fact, if any, that remain in dispute, as identified in the stipulation, to present relevant testimonial, documentary and tangible evidence, and to be heard on the substantive issues bearing on the protest. The County shall be deemed a party to the proceeding, and the County Attorney or any assistant county attorney may participate in the protest proceeding, appear before the hearing officer, present evidence and be heard on behalf of the County. e. All witnesses shall be placed under oath by the hearing officer prior to testifying, and shall be subject to cross-examination by any hearing participant. f. Hearsay evidence shall be admissible unless the hearing officer shall determine the same to be redundant, unreliable or prejudicial. g. At the hearing any hearing participant may offer appropriate argument and summation, and submit a written brief and a proposed order, but only after the conclusion of the evidentiary portion of the hearing, if any. 32 h. Immediately following the hearing, the County Manager shall cause a written transcript of all testimonial evidence introduced at the hearing to be prepared expeditiously based upon the audio recording, and shall provide copies of the same to all of the hearing participants. i. Within 7 business days following the hearing, the hearing officer shall submit a recommended order to the County Manager and serve copies on all hearing participants; provided, if the County Manager is the hearing officer, then within 7 business days following the hearing, the County Manager shall issue a recommended order and serve copies on all hearing participants. The recommended order shall contain findings of fact and, based upon such facts, a disposition of the protest; provided, no finding of fact may be predicated solely upon the basis of hearsay. j. The recommended order shall thereafter be submitted to the Board along with the transcript of the hearing testimony and the entire written and tangible record of the protest proceedings at the earliest opportunity to be considered at a time certain, with notice thereof served upon the hearing participants. Each of the hearing participants shall be allowed 3 minutes to address the Board regarding the recommended order, unless the Chairman in his or her discretion shall allow additional time. If a hearing participant intends to challenge any finding of fact in a recommended order that was based upon testimonial evidence, such participant shall be allowed 2 additional minutes for such purpose, and may direct the attention of the Board members to any portion of the transcript relevant to the challenge. The other hearing participants shall each have the right to offer argument in rebuttal to the challenge, and to direct the attention of the Board members to any portion of the transcript relevant to the rebuttal. No testimony or other evidence beyond the record and the transcript shall be presented to the Board. Thereafter the Board shall render its decision on the protest. In so doing the Board shall be bound by the findings of fact in the recommended order that are based upon testimonial evidence, except those for which it upholds a challenge. A challenge shall be upheld only if the finding of fact is not supported by competent, substantial evidence in the record or in the transcript. Otherwise, the Board shall not be bound by any of the provisions of the recommended order. The decision of the Board shall be reduced to a written order signed by the Chairman, and shall constitute final action of the County on the protest. k. The date, type and substance of all ex parte communications between any Board member and a hearing participant, including counsel therefor or any agent thereof, and between any Board member and third party, must be publicly disclosed by the Board member prior to the rendering of the Board’s decision. All such communications that are written or received electronically must be filed for the record, and copies thereof provided to each Board member and hearing participant. 14. All proceedings before the hearing officer shall be informal, and customary rules of evidence shall be relaxed. In all respects both the hearing officer and the Board shall observe the requirements of procedural and substantive due process that are the minimum necessary for accomplishing a fair, just and expeditious resolution of the protest. 33 15. Ex parte communications between a hearing participant and the hearing officer are forbidden. The hearing officer may take such steps as he or she may deem just and appropriate to prevent or sanction attempted ex parte communications, including promptly disclosing the attempted communication, or requiring the offending hearing participant to disclose promptly the attempted communication, to the other hearing participants. Where necessary, the hearing officer may recuse himself or herself, and the subsequently designated hearing officer may order the offending participant to pay for all or any portion of the costs incurred by the County and any other hearing participant strictly as a consequence of the ex parte communication or attempted ex parte communication, else be excluded from further participation. Neither the County Attorney nor any assistant county attorney shall be subject to this subsection or prohibited from engaging in ex parte communications with the hearing officer. 16. The purpose of this policy is to promote fairness and public confidence in the competitive bidding process. To further such end, and except as otherwise specifically provided herein, the substantive law governing the resolution of bid protests found in the decisions of the Florida appellate courts, as well as any statutes or agency rules that may be applicable to the particular bid solicitation, shall guide the hearing officer and the Board in rendering a decision on a bid protest under this section. The significant principles of law governing the bid protest and the resolution thereof, which shall prevail to the extent not otherwise in conflict with any governing statutes or agency rules, are as follows: a. The burden is on the party protesting the award of the bid to establish a ground for invalidating the award. b. The standard of proof for the protest proceeding shall be whether the proposed award was clearly erroneous, contrary to competition, arbitrary, or capricious. c. The proposed award shall be deemed arbitrary or capricious if it is contrary in a material way to any governing statutes, the County’s rules or policies, or the bid or proposal instructions or specifications. d. The scope of the inquiry is limited initially to whether the proposed award is improper under the foregoing standard of proof. If and only if the hearing officer first determines on the basis of competent and substantial evidence that the proposed award is improper, then the hearing officer may recommend, in accordance with the law and this policy, an alternate disposition for the proposed award. Such disposition may include, but shall not be limited to, rejecting all bids, or awarding all or a portion of the bid to the protesting party. e. A bid protest proceeding may not serve as a vehicle for the Board to revisit the proposed award absent a determination of impropriety as set forth above. 17. By written agreement amongst the protesting party, the County, and all then-existing intervenors, any provision of this section pertaining to the procedures for resolving a protest for which a petition has been timely filed may be modified or waived so long as such modification 34 or waiver shall not hinder or thwart the proper and expeditious resolution of the protest, or otherwise operate to undermine the salutary purposes of competitive, public bidding. 18. Only to the extent necessary to avoid a miscarriage of justice or to prevent a manifest violation of a hearing participant’s procedural or substantive due process rights, a hearing officer may modify or suspend the applicability of any of the provisions or requirements of this section in the course of conducting a protest proceeding hereunder; provided, a hearing officer may not modify or suspend any of the provisions or requirements of subsections 3, 4, 6, 7, 8, 16, 20, 21 and 22 hereof. 19. Except and to the extent specifically provided in this section, and except and to the extent otherwise specified provided by written agreement amongst the protesting party, the County, and all then-existing intervenors, no provisions of Rule Chapter 28-106, Florida Administrative Code, shall be deemed applicable to the resolution of protests under this section. 20. For purposes of this section, the filing with the County Manager of a written notice of protest or of a written petition initiating a formal protest proceeding shall be deemed accomplished only when the original written notice or original written petition has been physically received by the County Manager or his or her designee. A notice or petition shall be deemed original only if it bears the original signature of the protesting party or such party’s authorized agent. No notice or petition may be filed by facsimile transmission or by e-mail, and any notice or petition received in such manner shall be deemed unfiled and ineffective. The use of an overnight delivery service or of the United States Postal Service to file a notice or petition shall be entirely at the risk of the person submitting the same, and any such notice or petition so received after the applicable deadline shall be deemed untimely. 21. For purposes of this section, a business day shall mean any 24-hour day that is not a Saturday, a Sunday, or a holiday observed by the County. 22. For purposes of this section, counsel shall mean an attorney who is a member of the Florida Bar in good standing. 23. For purposes of this section, all notices of protest and petitions initiating formal protest proceedings, and all stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to a hearing officer shall be on white, opaque paper 8 ½ by 11 inches in size. The pages of all such documents shall have margins on all sides of not less than 1 inch; shall be in Times New Roman or Courier New font no smaller than 12 in size, including footnotes and endnotes; shall have standard double-spacing between lines, excluding quotations, footnotes and endnotes; and shall be numbered at the bottom. All quotations shall be indented. Briefs shall not exceed 15 pages in length, and may not include any appendices. A digital copy of all written stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to the hearing officer must be simultaneously provided to the hearing officer in Word format, version 2000 or later, on compact disc or 3 ½” diskette. 24. For purposes of this section, a hearing participant shall mean and include the protesting party, the County and any intervenor. 35 25. This section shall be construed and implemented so as to secure the just, speedy, and inexpensive resolution of bid protests. (O) UTILITY RELOCATION AGREEMENTS: Prior to soliciting bids for right of way improvements and other public works projects that require the removal or relocation of utilities, agreements with the affected utilities must be entered into providing for the terms, scheduling and conditions of such relocation and removal. The County Manager may develop and maintain such form of agreement as may be appropriate for accomplishing the requirements of this section. (Resolution No. 09/10-65) (P) NO-CONTACT RULE: (Resolution No. 09/10-81) 1. As used in this section and unless the context clearly requires otherwise, the following terms and phrases shall have the meanings herein ascribed: a. Contacting shall mean communicating or attempting to communicate by any means, whether orally, telephonically, electronically or in writing. b. Bidder shall mean any person or entity submitting a response to a bid solicitation, and shall include all owners, shareholders, principals, officers, employees and agents thereof. c. Bid shall mean any bid, request for proposals and request for qualifications. d. Solicitation period shall mean the time between the publication of the notice of the bid and the opening of the bid. e. Evaluation period shall mean the time between the opening of the bid and the award thereof by the Board of County Commissioners. 2. The instructions for all solicitations of bids to be submitted under seal shall include provisions prohibiting bidders from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator, and the foregoing instructions shall so state. 3. The no-contact rule set forth in subsection 2 shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. 36 4. The purpose of the no-contact rule set forth in subsection 2 is to prevent any one bidder from gaining an advantage over other bidders through lobbying or otherwise attempting to influence the procurement decision through discussions or the presentation of information or materials outside of the process contemplated in the bid solicitation package and this purchasing policy, and also to ensure that the dissemination of information from the County entity to bidders regarding the bid solicitation is equal and uniform. 37 BUSINESS CLASSIFICATIONS, DISCLAIMERS, AND RELATED FEES: EXEMPTIONS: OWNED BY: LOCATION: THE PERSON(S), OR ENTITY BELOW: BREVARD COUNTY BUSINESS TAX RECEIPTSUBJECT TO COUNTY ZONING RESTRICTIONS TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES ACCOUNT NO. BUSINESS PERIOD: EXPIRES: ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS. BUSINESS TAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND / OR FAILURE TO MAINTAIN REGULATORY PRE-REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S), OR SUBSEQUENT ACTIVITIES. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS. A PERMIT IS REQUIRED TO ADVERTISE (Including with signage) “GOING OUT OF BUSINESS”. LISA CULLEN, CFC, Brevard County Tax CollectorP O Box 2500, Titusville, Florida 32781-2500 (321) 264-6969 or (321) 633-2199 MAIN OFFICE: BRANCH OFFICES: 400 South St., 6th Floor, Titusville, FL 32780 Merritt Island Office, 1605 N. Courtenay Pkwy Melbourne Office, 1515 Sarno Road Palm Bay Office, 450 Cogan Dr. SE Titusville Office, 800 Park Ave. Indian Harbour Beach Office, 240 E. Eau Gallie Blvd. Viera Office, 2725 Judge Fran Jamieson Way, #A108, Viera, FL 32940 UPON A CHANGE OF OWNERSHIP OR LOCATION, BUSINESS TAX RECEIPT SHOULD BE TRANSFERRED WITHIN 30 DAYS. 0.00 Receipt Fee 820005 Paid NSF Fee 300050 300520 480302 600 Transfer Fee Fire Prevention Fee 37.00 0.00 Late Penalty - - Hazardous Waste Fee 37.00 885020127 0.00 0.00 0.00 ADVANCED RECREATIONAL CONCEPTS LLC 0.00 RECEIPT AMT BUILDING CONTR. -CERTIFIED ROOFING CONTRACTOR GENERAL RETAIL SALES CITY RESTRICTIONS APPLY 0.00 Zoning Application Fee 3125 SKYWAY CIR MELBOURNE, FL 32934 ADVANCED RECREATIONAL CONCEPTS LLC 702-18-00000656 0.00 October 01, 2018 2018 September 30, 2019 09/06/2018 2019 SEPTEMBER 30, 2019 3125 SKYWAY CIR MELBOURNE, FL 32934 Building Occupancy Review Fee JONATHAN ZACHEM, SECRETARYRICK SCOTT, GOVERNORSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE BUILDING CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESGONZALEZ, LAZARODo not alter this document in any form.ADVANCED RECREATIONAL CONCEPTS, LLCLICENSE NUMBER: CBC1261271EXPIRATION DATE: AUGUST 31, 2020This is your license. It is unlawful for anyone other than the licensee to use this document.3125 SKYWAY CIRCLEMELBOURNE FL 32934Always verify licenses online at MyFloridaLicense.com Minority Business Certification Advanced Recreational Concepts 10/16/2017 10/16/2019 Proposal Date 3/16/2022 Quotation # 23980OrganizationVillage of North Palm Beach 603 Anchorage Dr. North Palm Beach, FL 33408 Ship To Anchorage Park 603 Anchorage Dr North Palm Beach, FL 33408 Advanced Recreational Concepts, LLC 3125 Skyway Circle Melbourne, FL 32934 Net 30 Prices Valid Until 4/8/2022 Prepared For Steve Poh County Palm Beach Prepared By Paul Bickham Payment Terms Project Name Playground Replacement Signature _______________________ Total Subtotal Sales Tax (0.0%) Customer Phone 5619042128 Date ______________Print Name/Title ___________________________P.O. # _________________ Upon acceptance of this proposal please sign above and initial the 'ARC Site Preparation Check List' and the 'ARC General Terms and Conditions' exhibits attached. Please return initialed copies to ARC. Phone: 321-775-0605 / Fax: 321-242-2216 100% Financing Available – Flexible Terms Ask Your ARC Sales Representative For More Information Description QtyProduct ID U/M Price Total PROPOSAL BASED ON SUPPLY & DELIVERY. INSTALLATION SEPARATE ON PSS # 22012 RH5 Custom Play System - R50E74C4A 1PR-RH5 62,048.00 62,048.00T Discount based on Clay County #18/19-2, -2% on Playcraft Products -1,240.96 -1,240.96 RH5 Custom Play System -R50A5E28A 1PR-RH5 28,428.65 28,428.65T Discount based on Clay County #18/19-2, -2% on Playcraft Products -568.57 -568.57 PC 2120 Arch Swing (2B)1A2-2120-2B 3,346.00 3,346.00T Discount based on Clay County #18/19-2, -2% on Playcraft Products -66.92 -66.92 PC 2120 Arch Swing (Left, 2B)1A2-2120-2B-AB 2,209.00 2,209.00T Discount based on Clay County #18/19-2, -2% on Playcraft Products -44.18 -44.18 PC 2120 Arch Swing (Right, 2B)1A2-2120-2B-AB 2,209.00 2,209.00T Discount based on Clay County #18/19-2, -2% on Playcraft Products -44.18 -44.18 PC 2120 Arch Swing (Left, 2INC)1A2-2120-ADAX2- AB 3,615.00 3,615.00T Discount based on Clay County #18/19-2, -2% on Playcraft Products -72.30 -72.30 UltraZip (Standard) Dragon Rider 52 1S-1445-R5-52JR 17,941.00 17,941.00T Discount based on Clay County #18/19-2, -2% on Playcraft Products -358.82 -358.82 R5 Custom Play System - NF52AB0FA 1PR-R5 24,318.00 24,318.00T Discount based on Clay County #18/19-2, -2% on Playcraft Products -482.76 -482.76 Page 1 Proposal Date 3/16/2022 Quotation # 23980OrganizationVillage of North Palm Beach 603 Anchorage Dr. North Palm Beach, FL 33408 Ship To Anchorage Park 603 Anchorage Dr North Palm Beach, FL 33408 Advanced Recreational Concepts, LLC 3125 Skyway Circle Melbourne, FL 32934 Net 30 Prices Valid Until 4/8/2022 Prepared For Steve Poh County Palm Beach Prepared By Paul Bickham Payment Terms Project Name Playground Replacement Signature _______________________ Total Subtotal Sales Tax (0.0%) Customer Phone 5619042128 Date ______________Print Name/Title ___________________________P.O. # _________________ Upon acceptance of this proposal please sign above and initial the 'ARC Site Preparation Check List' and the 'ARC General Terms and Conditions' exhibits attached. Please return initialed copies to ARC. Phone: 321-775-0605 / Fax: 321-242-2216 100% Financing Available – Flexible Terms Ask Your ARC Sales Representative For More Information Description QtyProduct ID U/M Price Total Commodities Surcharge - Material Surcharge is for current escalations in pricing for raw materials, goods, and services being experienced in the marketplace. 1SURCHARGE 18,492.34 18,492.34T Freight 1 11,500.00 11,500.00 Florida Signed and Sealed Drawings (3 Sets) CALCULATIONS provided. 1 1,000.00 1,000.00 Custom Shade Design - COLUMNS FOR CUSTOM SAIL SHADE: (1) COLUMN: 08” SCH 40 @ 14’ HT + 6” RECESS TO BASE PLATE. (1) COLUMN: 10” SCH 40 @ 12’ HT + 6” RECESS TO BASE PLATE. (1) COLUMN: 12.75" OD HSS @ 17’ HT + 6” RECESS TO BASE PLATE. (3) COLUMNS: 14” OD HSS - 1 @ 15’ HT + 6” RECESS TO BASE PLATE. - 2 @ 17’ HT + 6” RECESS TO BASE PLATE. 1 43,194.03 43,194.03T Discount based on Clay County #18/19-2, -5% on Superior Shade Products -2,159.70 -2,159.70 Custom Shade Design - CANOPIES FOR CUSTOM SAIL SHADE: (4) TRIANGULAR CANOPIES AS PER DRAWING WITH QUICK TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS. FABRIC COLOR: TBD 1 23,523.96 23,523.96T Discount based on Clay County #18/19-2, -5% on Superior Shade Products -1,176.20 -1,176.20 Page 2 Proposal Date 3/16/2022 Quotation # 23980OrganizationVillage of North Palm Beach 603 Anchorage Dr. North Palm Beach, FL 33408 Ship To Anchorage Park 603 Anchorage Dr North Palm Beach, FL 33408 Advanced Recreational Concepts, LLC 3125 Skyway Circle Melbourne, FL 32934 Net 30 Prices Valid Until 4/8/2022 Prepared For Steve Poh County Palm Beach Prepared By Paul Bickham Payment Terms Project Name Playground Replacement Signature _______________________ Total Subtotal Sales Tax (0.0%) Customer Phone 5619042128 Date ______________Print Name/Title ___________________________P.O. # _________________ Upon acceptance of this proposal please sign above and initial the 'ARC Site Preparation Check List' and the 'ARC General Terms and Conditions' exhibits attached. Please return initialed copies to ARC. Phone: 321-775-0605 / Fax: 321-242-2216 100% Financing Available – Flexible Terms Ask Your ARC Sales Representative For More Information Description QtyProduct ID U/M Price Total Material Surcharge is for current escalations in pricing for raw materials, goods, and services being experienced in the marketplace. 1 7,856.21 7,856.21T Freight: Freight Out Billable and Handling Shade Steel 1 3,142.00 3,142.00 Freight: Freight Out Billable and Handling Shade Fabric 1 690.00 690.00 Engineering: Sealed Drawings & Fees 1 1,350.00 1,350.00 12" APS Playground Border 29APS-Border12"ea 53.94 1,564.26 Freight 1 494.00 494.00 Supply of ADA Wood Mulch: 70 cu. yd. Price based on Clay County #18/19-2, -2% @46.5 per Cubic Yard 1 3,255.00 3,255.00 Freight 1 370.00 370.00 Special Customer Discount -2,500.00 -2,500.00 Page 3 $251,831.86 $251,831.86 $0.00 PROPOSALDate:3/16/2022 Proposal #22012 Organization:Village of North Palm Beach 603 Anchorage Dr. North Palm Beach, FL 33408 Ship To Anchorage Park 603 Anchorage Dr North Palm Beach, FL 33408 Payment Terms:Net 30 Proposal Valid Until:4/8/2022 Sales Rep PB Prepared for:Steve Poh Project:Playground Replacement Signature: TOTAL Subtotal Sales Tax (0.00) Customer Phone:5619042128 Customer Fax: Print Name/Title: The above quotation is based upon site access for heay equipment and soil conditions of 2000 PSI. If during excavation of foundations necessary per manufactureres specifications conditions exceed normal, our contractor shall notify the owner immediately. This shall include all types of rock, vegetation and any unforseen hazards. There will be additional charges incurred to clear the area and or the abutement hole so that installation can be completed. ________________________________________________Date P.O. # 3125 Skyway Circle Melbourne, Fl. 32934 Phone 1-321-775-0600 Fax 1-321-242-2216 Toll Free - 888-653-7529 100% Financing Available - Flexible Terms Ask Your ARC Sales Representative For More Information DESCRIPTION INSTALLATION IS BASED ON ARC PROPOSAL # 23980 REMOVAL - Old equipment and 8" of mulch for 3340 sq ft. Price based on Clay County #18/19-2, Maintenance / Repair Rate of $197.50 per hour and $271.96 per mobilization TOTAL: $2,641.96 REMOVAL EQUIPMENT - Rentals to include ( Price based on Clay County #18/19-2, 37%) - Bobcat: 2 Days @ $1650 - Dumpster 30 Yd: 4 @ $2100 TOTAL: $10,050.00 INSTALLATION (Footer installation listed separately) OF: - Custom Shade Design - COLUMNS FOR CUSTOM SAIL SHADE: 6 Column - Custom Shade Design - CANOPIES FOR CUSTOM SAIL SHADE: (4) TRIANGULAR CANOPIES Includes 2nd mobilization for Shade fabric Installation. measurements for Shade Fabric must be done at the conclusion of Column Installation. Production of Shade Fabric cannot begin without measurements. Price based on Clay County #18/19-2, 49% on Material after discount. TOTAL: $31,057.22 Page 1 PROPOSALDate:3/16/2022 Proposal #22012 Organization:Village of North Palm Beach 603 Anchorage Dr. North Palm Beach, FL 33408 Ship To Anchorage Park 603 Anchorage Dr North Palm Beach, FL 33408 Payment Terms:Net 30 Proposal Valid Until:4/8/2022 Sales Rep PB Prepared for:Steve Poh Project:Playground Replacement Signature: TOTAL Subtotal Sales Tax (0.00) Customer Phone:5619042128 Customer Fax: Print Name/Title: The above quotation is based upon site access for heay equipment and soil conditions of 2000 PSI. If during excavation of foundations necessary per manufactureres specifications conditions exceed normal, our contractor shall notify the owner immediately. This shall include all types of rock, vegetation and any unforseen hazards. There will be additional charges incurred to clear the area and or the abutement hole so that installation can be completed. ________________________________________________Date P.O. # 3125 Skyway Circle Melbourne, Fl. 32934 Phone 1-321-775-0600 Fax 1-321-242-2216 Toll Free - 888-653-7529 100% Financing Available - Flexible Terms Ask Your ARC Sales Representative For More Information DESCRIPTION FOOTER INSTALLATION to include 35 Cubic Yards of concrete for 6 footers; mobilization to site; rental equipment; waiting for inspections; disposal of spoil, dumpster and rebar. Note: Without sealed drawings for each structure, the footer sizes stated above are only estimates and will need to be revisited once the drawings and calculations state actual dimensions. TOTAL: $17,277.00 INSTALLATION OF : - RH5 Custom Play System - R50E74C4A. - RH5 Custom Play System - R50A5E28A - PC 2120 Arch Swing (2B) - PC 2120 Arch Swing (Left, 2B) - PC 2120 Arch Swing (Right, 2B) - PC 2120 Arch Swing (Left, 2INC) - UltraZip (Standard) Dragon Rider 52 - R5 Custom Play System - NF52AB0FA - Twenty-nine (29) Borders Price based on Clay County #18/19-2, 37% on Material after discount. TOTAL: $52,188.22 Special project Playground Discount TOTAL: -$20,000.00 Special project Sail Shade Discount TOTAL: -$3,000.00 Page 2 PROPOSALDate:3/16/2022 Proposal #22012 Organization:Village of North Palm Beach 603 Anchorage Dr. North Palm Beach, FL 33408 Ship To Anchorage Park 603 Anchorage Dr North Palm Beach, FL 33408 Payment Terms:Net 30 Proposal Valid Until:4/8/2022 Sales Rep PB Prepared for:Steve Poh Project:Playground Replacement Signature: TOTAL Subtotal Sales Tax (0.00) Customer Phone:5619042128 Customer Fax: Print Name/Title: The above quotation is based upon site access for heay equipment and soil conditions of 2000 PSI. If during excavation of foundations necessary per manufactureres specifications conditions exceed normal, our contractor shall notify the owner immediately. This shall include all types of rock, vegetation and any unforseen hazards. There will be additional charges incurred to clear the area and or the abutement hole so that installation can be completed. ________________________________________________Date P.O. # 3125 Skyway Circle Melbourne, Fl. 32934 Phone 1-321-775-0600 Fax 1-321-242-2216 Toll Free - 888-653-7529 100% Financing Available - Flexible Terms Ask Your ARC Sales Representative For More Information DESCRIPTION Permit administration, Fee's by Others TOTAL: $400.00 Swing Safe Mat - 2 1/4" - Black , Quantity 6 Price based on Clay County #18/19-2, @144.38 per Swing Mat TOTAL: $866.28 APS Slide Mat : 40" x 40" x 1 1/2" : Black. Quantity: 4 TOTAL: $540.00 FREIGHT for (6) Swing Safe Mat - (4) Slide Mat TOTAL: $317.00 TURF INSTALLATION - Provide, Delivery and install Playground Grass Academy for 8,330 SF using 100% plastic EPS perimeter nailer boards, stainless steel staples, compacted stone base, 2" Safety Foam Pro & Silica Sand Infill. TOTAL: 98,493.65 INSTALLATION OF: Supply and delivery of ADA Wood Mulch: 70 cu. yd.. Price based on Clay County #18/19-2, @ $20 per Cubic Yard. TOTAL: $1,400.00 Special Customer Project Discount -$6.000 INCLUSIONS: Proposal includes the following: labor and insurance in accordance with manufacturer specifications. State of Florida Contractors Licensing. Page 3 PROPOSALDate:3/16/2022 Proposal #22012 Organization:Village of North Palm Beach 603 Anchorage Dr. North Palm Beach, FL 33408 Ship To Anchorage Park 603 Anchorage Dr North Palm Beach, FL 33408 Payment Terms:Net 30 Proposal Valid Until:4/8/2022 Sales Rep PB Prepared for:Steve Poh Project:Playground Replacement Signature: TOTAL Subtotal Sales Tax (0.00) Customer Phone:5619042128 Customer Fax: Print Name/Title: The above quotation is based upon site access for heay equipment and soil conditions of 2000 PSI. If during excavation of foundations necessary per manufactureres specifications conditions exceed normal, our contractor shall notify the owner immediately. This shall include all types of rock, vegetation and any unforseen hazards. There will be additional charges incurred to clear the area and or the abutement hole so that installation can be completed. ________________________________________________Date P.O. # 3125 Skyway Circle Melbourne, Fl. 32934 Phone 1-321-775-0600 Fax 1-321-242-2216 Toll Free - 888-653-7529 100% Financing Available - Flexible Terms Ask Your ARC Sales Representative For More Information DESCRIPTION EXCLUSIONS: Proposal does not include the following: prevailing wage differences, performance bonds, site damages for sprinkler systems and sod, and access to construction site, additional insurance, union fees, fall height testing, drainage, plans, engineered drawings. Items to be managed by customer unless otherwise stated in proposal: - Removal of old Playground, Old Turf and Site prep by others. - Site security and safety requirements while job is in progress. - Customer to provide 110 electrical power and water required for proper installation - All underground utilities be marked prior to installation. - Provide waste receptacle to accommodate construction debris. - Provide benchmark for required elevation to be established. - Complete site preparation , excavation and disposal of spoil. - Provide required permitting and administration. - Landscaping.; - Masonry repairs. - Permit Fee's by others. PROJECT NOTES: - Pricing is based on unrestricted access to site for large machinery - Pricing is based on staging/delivery area being next to installation area - Pricing is based on offloading of equipment on site and immediate installation - Customer is responsible for verifying the accuracy of all quantities and dimensions included in this estimate. - Dumpster to be provided by Play Space Services Page 4 ___________________________... In the unlikely event that Play/Space is required to file civil action or institute any collection efforts against customer, customer agrees to pay any and all costs, fees, expenses and attorney fees incurred by PlaySpace, regardless of whether suit is actually filed, and including but not limited to any and all costs, fees, expenses and attorney fees incurred on appeal or in any post judgement collection efforts or proceedings.$186,231.33 $186,231.33 $0.00 2/25/2022 Page 1 of 4 QUOTE: R0023220013 Miracle Recreation Equip. Co. 878 E. US Hwy 60 Monett, MO 65708 1-888-458-2752 QUOTE: R0023220013 Prepared For: Project Name & Location: Prepared by: Stephen Poh Miracle of South Florida Village of North Palm Beach 603 Anchorage Drive North Palm Beach, FL 33408 561-904-2128 (phone) spon@village-npb.org Anchorage Park NPB Version 3 Revised 2 Connie Brown (954) 520-4523 (phone) (954) 200-6828 (fax) Connieb@miracleofsouthflorida.com Quote Number: R0023220013 Quote Date: 2/25/2022 Valid For: 30 Days From Quote Date CUSTOM KC PLAY STRUCTUE AGES 5-12 Product line: KidsChoice Part Number Description Qty Weight Unit Price Total Custom KC Custom KC 5-12 DWG# R0023_44599581159 1 11,080.0 0 118,134.00 118,134.00 CUSTOM KC PLAY STRUCTURE AGES 2-5 Product line: KidsChoice Part Number Description Qty Weight Unit Price Total Custom KC Custom Kids Choice 52-5 DWG# R0023_44564602143 1 2,020.00 26,451.00 26,451.00 FREESTANDING PLAY AGES 2-12 Product line: Freestanding Part Number Description Qty Weight Unit Price Total 4531 MM SPINATORIUM 1 85.00 1,235.00 1,235.00 4533 MM DYNAMICS LAB 1 395.00 6,180.00 6,180.00 4534 MM GRAND GALLERY 1 1,300.00 15,451.00 15,451.00 Risk Sign Included Product line: Freestanding Part Number Description Qty Weight Unit Price Total 787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1 0.00 0.00 0.00 2/25/2022 Page 2 of 4 QUOTE: R0023220013 FREESTANDING SWINGS AGES 2-12 Product line: Freestanding Part Number Description Qty Weight Unit Price Total 2740 SWG PART THERAPEUTIC SWG SEAT W/CHAIN (8' TR) 1 135.00 1,342.00 1,342.00 2740H SWG PART HARNESS (8' TR) 1 2.00 271.00 271.00 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 4 10.00 137.00 548.00 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 3 15.00 202.00 606.00 7148522 5" OD ARCH SWG FRAME ONLY 2 SEAT REQ MC 1 410.00 3,206.00 3,206.00 7148522X 5" OD ARCH SWG FRAME EXTENSION MC 3 250.00 1,593.00 4,779.00 FREESTANDING PLAY AGES 5-12 Product line: Freestanding Part Number Description Qty Weight Unit Price Total 4476 GRAVITY DIAMOND 1 700.00 11,078.00 11,078.00 ADDITIONAL ITEMS Part Number Description Qty Weight Unit Price Total Concrete Curb Concrete Curb Perimeter Per LF 415 0.00 24.00 9,960.00 Drawings Sealed Engineered Drawings & Calcs 1 0.00 2,500.00 2,500.00 GC GC Pull Permit (Excludes Permit Fees) 1 0.00 1,500.00 1,500.00 Mulch Engineered Wood Fiber (Installed) 31 0.00 65.00 2,015.00 Relocate Relocate Existing Mulch 1 0.00 2,500.00 2,500.00 Removal Remove/Dispose of Existing Equipment 1 0.00 5,000.00 5,000.00 Turf SyntheticTurf Surfacing w/rock base Installed per Sq.ft 4000 0.00 25.00 100,000.00 USA Shade 40'x90'x16'/12'h Multi Panel Shade (Installed) 1 0.00 90,300.00 90,300.00 Totals: Equipment Weight: 16,962.00 lbs Equipment List: $189,281.00 Discount Amount: -$37,856.20 Equipment Price: $151,424.80 Freight: $0.00 Installation: $66,500.00 Additional Items Listed Above: $213,775.00 SubTotal: $431,699.80 Estimated Sales Tax*: $0.00 Grand Total: $431,699.80 Notes: Prices per Sourcewell #010521-LTS. Prices do not include remove/dispose of existing fence, building permit fees, landscape fabric, storage of materials, site security, site preparation, soil testing, drainage, grading, landscape repair/replace, zoning approval, underground line location or repair, fencing, site plan or survey, ADA or sidewalk access, or any materials or services other than listed. 2/25/2022 Page 3 of 4 QUOTE: R0023220013 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carr ier designated by Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154, Dallas, TX 75373-4154, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all other wise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: R0023220013 Quote Date: 2/25/2022 Equipment: $189,281.00 Grand Total: $431,699.80 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: Date: ADDITIONAL TERMS & CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligat ions hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superi or security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents t o the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall 2/25/2022 Page 4 of 4 QUOTE: R0023220013 insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at an other time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitt ed signatures by signing an original document. Rev E 021815 VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2022 - 2026 Strategic Result :Department : Quality of Life Parks & Recreation Project Name :Year(s) :2022-2023 Anchorage Park Playground Replacement Project Description : Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : Replacement of the playground equipment at Anchorage Park. The existing playgrounds at Anchorage Park has had several components removed due to safety concerns. The remaining structures is over 12 years old and is unsightly in appearance. There are 2 playgrounds at Anchorage Park,one for ages 2-5 and the other is for ages 5-12. The playground at Anchorage Park gets a lot of use not only from children that live in the neighborhood but also when there are family events and pavilion rentals at Anchorage Park.Due to improper maintenance along with its age, both playground systems should be replaced. New playground equipment will address the need to provide safe and well-maintained amenities for the community. A State of Florida Land and Water Conservation Grant (LWCF), which was originally intended to fund the Anchorage Park Dry Storage Project, could provide $125,000 toward the total project cost of $250,000. Staff has inquired with the State about the ability to transfer this grant from the Dry Storage Project to the replacement of the playground. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2022 - 2026 Project Name :Anchorage Park Playground Replacement Strategic Result :Quality of Life Department :Parks & Recreation 2022 2023 2024 2025 2026 Total Project Budget : Land acquisition $0 Planning / Design 0 Engineering 0 Construction 100,000 100,000 Vehicle 0 Equipment 150,000 150,000 Other 0 Total Budget $0 $250,000 $0 $0 $0 $250,000 Funding Sources : General revenues $125,000 $125,000 Impact fees 0 Grant revenues 125,000 125,000 Debt Service 0 Infrastructure Surtax 0 Fund balance 0 Other 0 Total Revenues $125,000 $125,000 $0 $0 $0 $250,000 Operating Impact: Personnel $0 Operating 0 Capital 0 Other 0 Total Operating $0 $0 $0 $0 $0 $0 Need to begin project in January 2022. 50% to be completed by May/June. A time extention for the grant will be required. LWCF Grant (50/50); The Village will appropriate any grant matching requirements upon notification of grant approval. If targeted grant isn't awarded, the Village will need to either suspend the project or seek alternate funding sources. Comment(s) Grant Information Village of North Palm Beach Village Manager’s Office TO: Chairman Magill and Audit Committee Members FROM: Andrew D. Lukasik, Village Manager DATE: March 4, 2022 SUBJECT: Recommendations for Deployment of FY2021 General Fund Net Income Funds As you know, Village staff is estimating that the FY2021 General Fund Net Income will be approximately $2.2m. Generally, this surplus would be rolled into the General Fund Unassigned Fund Balance. However, given that the Fund Balance amount is healthy, Village staff believes that it is prudent to invest the net income amount in needed capital improvements and equipment acquisition. Staff’s recommendation includes projects that have been in the CIP, can be implemented – or begin to be implemented -- within the next year and have funding shortfalls. Staff is requesting input from the Audit Committee before finalizing a recommendation to the Village Council. The following is a list of recommended investments as prioritized by staff for the use of $2m of the Net Income: Public Safety Uninterruptible Power Supply (UPS) System: $90,000 Currently, the replacement of the UPS System at the Public Safety Building is included in the Capital Improvement Plan (CIP) as part of a large-scale project that was developed to secure grant funding. Unfortunately, funding for the grant program is limited and the Village’s project didn’t receive any funding. No matching funds from the Village were included in the CIP for this equipment. Essentially, the UPS System is a battery backup power system that supplies power long enough for equipment to properly shut down when utility power fails. It prevents the loss of data and minimizes the stress a hard shutdown causes on electronic equipment. The UPS is also a surge protector that protects connected devices from power problems, like surges or abnormal voltages, which can damage, reduce lifespan, or affect performance of electronic equipment and devices. Although the Building is equipped with a generator, the UPS is important to protect equipment during power outages – especially during the arrival of a storm event. Cardiac Monitors and Power Stretchers: $240,000 Cardiac monitor/defibrillator are a major component in providing high quality emergency medical services. Technology advances require replacement every five (5) years. Four (4) of the Village’s cardiac monitors/defibrillators are scheduled to be replaced in FY2023. However, the Assistance to Firefighters Grant Program, which wasn’t funded, this year, was expected to fund the bulk of the expense. The CIP included a Village match amount of $40,000 to fund the $160,000 acquisition. If net income is used, the Village share in the CIP will be reprogrammed for other projects – in other words, we’ll redeploy it for other infrastructure needs over the next year or two. Additionally, Fire Rescue requires the replacement of two (2) power stretchers that will have reached the end of their useful life and will no longer be supported by the manufacturer by 2023. The power stretchers, and their associated loading systems, provide a safer method of loading and off-loading patients reducing both the possibility of dropping the patient or causing injury to the caregiver. The CIP included a Village match amount of $20,000 to fund the $80,000 acquisition. If net income is used, the Village share in the CIP will be reprogrammed for other projects. Anchorage Park Playground: $125,000 The playground at Anchorage Park is heavily used. It is reaching the end of its useful life (installed in 2009) and needs to be replaced with a more modern structure that will provide shade. $250,000 is currently budgeted ($125,000 from the General Fund and $125,000 from a LWCF grant). Increasing the Village’s contribution by $75,000, for a total match of $200,000, will allow the Village to get the maximum grant match of $200,000 for a total project cost of $400,000. An additional $50,000, however, will allow the Village to secure a playground with greater shade and amenities. This would take the use of net income to $125,000 for a total project cost of $450,000. Air Handlers/Chiller Replacement: $440,000 Three of the Village’s facilities (Village Hall, the Library and the Public Safety Building) are in critical need of investments in their air conditioning infrastructure. The Village Hall is in need of new air handlers (installation) and a chiller. The total project cost is $190,000. No Village funding is currently allocated for this work as grants were anticipated to fund the work. However, Village staff intends to pay for the air handler/air purification system using ARPA funding ($10,000). Net income in the amount of $180,000 would be used to purchase and install the new chiller and install the air handler. Please note that staff is recommending for using the ARPA funds for the purchase of the air handler/air purification system and NOT the installation of the equipment in order to facilitate the single audit process that will be required due to the use of federal funding. The Village intends to program ARPA funds for use on projects or equipment that are clearly eligible under Treasury’s guidance and avoid any instances of ambiguity. In saying this, and at the risk of creating some confusion, it should be noted that the US Treasury developed its final rule for the use of ARPA funding and it results in greater flexibility for the use of those funds. The final rule allows municipal jurisdictions to spend a standard amount, up to $10 million (the Village is receiving $6.5 million), within the revenue loss category—even if they did not actually experience a revenue loss. Municipalities have broad latitude to use their entire standard allocation to support local government services and avoid many of the other categories’ additional requirements. The purpose of this new assumption is most likely to eliminate the need for Treasury to review a flood of single audits. While the final rule creates flexibility in the use of the ARPA funding, staff is not suggesting deviating from the general policy guidelines that Council established for their use (water quality, air quality, software application for Community Development to allow electronic submittal and review of development and permit applications). Village staff is proposing to replace five (5) condensing units at the Library with the purchase of a new chiller along with replacement of the existing air handlers. The entire project is anticipated to cost $600,000. The CIP currently has $400,000 allocated for this project. The new system will replace the originally installed system (1968). At this time, we’re continuing to evaluate the design to determine the number of handlers needed. Because of the uncertainty related to the air handlers, staff is recommending allocating $200,000 of the net income amount towards this project. The Public Safety Building is in need of three (3) air handlers. The work is identified in the CIP, but has been anticipated to be funded solely by grants. Staff recommends allocating $60,000 from net income for the installation of the air handlers. In summary, staff is recommending the use of net income for the municipal facilities air handler/chiller replacement project be used for 1) the purchase and installation of a chiller and air handler at Village Hall in the amount of $180,000, 2) the purchase and installation of air handlers at the Library in the amount of $200,000 and 3) the installation of air handlers at the Public Safety Building in the amount of $60,000. Total use of net income for this project, then, is $440,000. Work Order Software for Public Works: $100,000 The Department of Public Works maintains a system of disconnected software systems that are used to track activities and inventory. These separate systems have made it difficult to manage data to fully understand workload and activities, supply and inventory use and control, and asset management. Additionally, these software components are not tied to the Village’s financial software. To improve record keeping and data gathering, it is recommended that Public Works secure a comprehensive work order software system. This proposed software acquisition is not included in the Village’s CIP. The redefined leadership positions in the Department have led to a new perspective regarding operational needs – the software was not previously identified as a needed work tool but has grown in importance as resource management, decision making and efforts to work efficiently are being hindered by the lack of data integration. Front Load Solid Waste Vehicle: $330,000 The Village’s Solid Waste Division operates three (3) front loaders to service commercial and multi-family accounts. Two trucks are used for daily operations with the third being used as a spare. Although not the Village’s past practice, those three trucks are being rotated in and out of service so that the spare doesn’t sit idle for long periods of time. One front load truck is set for replacement in 2023 due to consistent mechanical and electronic failures requiring frequent repairs. Currently, the time between ordering a vehicle and delivery is generally over one year. Staff is recommending that funding be dedicated for this purpose now in order to begin the process to acquire a new front load garbage truck. Lighthouse Traffic Calming/Bridge Design: $115,000 The Lighthouse Bridge was constructed in 1958 and needs to be reconstructed as its nearing the end of its useful life. Although it’s “health index” is good (at 92.8) it is functionally obsolete in that it does not adequately accommodate pedestrians and bicyclists and its weight bearing capacity is limited. Regarding the “health index”, a score between 80 – 90 is generally considered to be “fair” while a score that is less than 80 is considered “poor”. Design and engineering expenses are funded in the CIP in the amount of $100,000 in FY2022. Staff is recommending that the amount be increased by $115,000 (for a total of $215,000) to address preliminary engineering activities associated with the bridge as well as planning services associated with the introduction of traffic calming solutions on Lighthouse Drive. It should be noted that traffic calming on Lighthouse Drive was identified as a “High Priority” action item in the Citizens’ Master Plan. Additionally, members of the Village Council and Village staff receive many complaints about speeding on Lighthouse Drive (and other local streets). Evidence of these concerns from the public can be found on Nextdoor as a petition is currently being circulated requesting the installation of speed humps in order to reduce speeds on Lighthouse Drive. Additional funding for engineering services are included in FY2023. $250,000 has been programmed to fund additional engineering associated with the design of the bridge. East Alleyway Resurfacing and Wall Replacement and/or Anchorage Park Dry Storage: $560,000 These two projects have funding in the CIP but have been delayed and/or may experience shortfalls. Staff would recommend reserving the sum of $360,000 from net income to apply towards one or both of these projects. Staff would anticipate having the Village Council make a final policy decision once additional project information is available. East Alleyway: The Village will pursue the resurfacing and design/replacement of the walls in the alley east of US1. Funding is available in the CIP but has been delayed due to other obligations. Additionally, the funding is limited to $100,000 annually in fiscal years 2024, 2025 and 2026. If this project is determined to be a priority by the Village Council, it is anticipated that the additional funding from net income will be able to be combined with some operating and capital expenditure savings from FY2022. Delaying construction until the availability of additional funds at the beginning of the next fiscal year will allow staff time to secure feedback on wall designs from residents, Planning Commission and Council and coordinate planning and implementation of the work with residents adjacent to the alley (the project will touch several residents’ back yards – so communication regarding the scope and coordination of activities is more sensitive than many other projects). Staff proposes to complete milling and resurfacing of the alley and the wall replacement concurrently. The section that has deteriorated more than the others is between Yacht Club Drive and Anchorage Drive North – most likely due to problems with the underlying stormwater infrastructure system. It is recommended that the Village complete work on this section first. Dry Storage: This project does have funding in the CIP but costs, depending upon the materials selected and scope of work (fencing, storage lot surface, etc), could exceed the budgeted amount. There continue to be policy decisions to be made by the Village Council prior to finalizing the design. Those decisions could impact the budget. Staff is recommending including this as a project for possible funding from FY2021 net income due to the uncertainty regarding the project budget. Summary: The recommended list of capital investments identified above will expend most of the net income amount from FY 2021. With the exception of the Public Works Work Order Software Project and purchase of the Front End Loader, all projects are currently included in the Village’s CIP (copies of the CIP project sheets are attached for your information). Most of the projects were eligible for grant funding but those grants have been limited and have delayed implementation of these important investments. As it relates to the Alley and Dry Storage Projects, the funding will allow the Village Council flexibility to work on those projects based upon their priority. Other Potential Projects for Funding: Although the projects identified above represent staff recommendations, there are a number of other projects that are currently in the CIP that could be considered as well: • Additional street resurfacing projects: there are a number of streets that have been completed with more scheduled soon. There are other streets that require milling and resurfacing as well, but the CIP has funding from the infrastructure surtax proceeds for the next four years. It is possible, however, that infrastructure surtax funding will end early. o On November 8, 2016, Palm Beach County voters approved a ballot issue to levy a One-Cent Infrastructure Sales Surtax to pay for the acquisition or improvements to public infrastructure. Collections began on January 1, 2017 and will end on or before December 31, 2026. It will sunset if the proceeds exceed $2.7 billion on or before September 1 of any year. Based upon County reports, it is likely that collection of the surtax will end on December 31, 2025. • Seawall replacement: seawalls at Lakeside Park and Anchorage Park are in poor condition. o Lakeside Park would be able to be replace quickly as engineering plans have already been developed. The CIP anticipates a project in 2025 using grant funding for 50% of the anticipated $750,000 cost. o No engineering plans have been developed for Anchorage Park – and no decisions have been made with respect to a Village Council policy question related to the replacement of the existing docks with floating docks or boat lifts. Funding could be used to develop plans for the seawall ($137,000 is included in the CIP in FY2023). • Tennis Court Lighting and Fence Replacement ($350,000): may be some grant funding available in the future. • Anchorage Park Path/Site Lighting: a $230,000 project is anticipated in FY2023 with 80% of the funding from the Recreation Trails Program Grant. • Fire Rescue Bathroom and Kitchen Remodel: improvements are needed, but it is a lower priority ($90,000). Beginning Balance $88,407 Transfers in:Resolution / Ordinance Amount Total FY 2022 Transfer in (transfer during budget process) Ordinance # 2021‐17 660,000 FY 2022 Transfer in (use of FY21 Net Income)on 4/28/22 agenda 2,000,000 Total Transfers in $2,660,000 Less: Purchases Description Resolution #Amount Total Fiscal Year 2022 Community Center Playground Equipment Resolution # 2022‐08 3,315 Boat Engine Replacement Resolution # 2022‐12 44,500 Webstreaming Resolution # 2022‐15 39,690 Increase in Grapple Truck Purchase Price Resolution # 2022‐18 7,750 Village Hall Air Handler & Chiller Replacement on 4/28/22 agenda 203,868 Anchorage Park Playground Replacement on 4/28/22 agenda 250,000 Lighthouse Drive Bridge Conceptual Designs on 4/28/22 agenda 91,288 Total Purchases (640,411) CIP Fund Available Balance $2,107,996 Village of North Palm Beach CIP Fund Recap Fiscal Year 2022 FY22 Prioritization19‐01 Master Plan: Program Village Marketing and Branding ProgramNot started.FY202419‐06Roadway ProjectsPolicy decision for lane repurposing on US1 in accordance with the Master Plan.Waiting on FDOT opinion on the lane repurposing plan. FY202419‐07Code RewritesReview/revise/update Residential Zoning CodesAd Hoc Committee reviewed issues related to height, bulk/mass and permeability. Recommendations regarding height and permeability will be reviewed by the Planning Commission and Village Council in April. Other issues will be addressed subsequently.FY202219‐08Roadway ProjectsDevelop Plan for Alley Improvements; maintenance and design Preliminary planning and resident outreach regarding wall designs will begin in May.FY202419‐09Master Plan: InfrastructureVillage Wide Bicycle Network Plan. Recreation Trail Connection and Lighting (e.g. Country Club Drive). Ped facilities a common theme in the Rec Needs Assessment.Not started. Will initiate some community discussion with evaluation of Lighthouse Drive per the Citizens' Master Plan. Need to consider a plan for the entire Village ‐‐ goals/objectives/locations/etc (assign to Planning Commission?)REVISED19‐10Roadway ProjectsLighthouse Drive Bridge Replacement and Traffic Calming; Traffic Calming in accordance with the Master Plan. Evaluate Lighthouse/Alt A1A intersection to facilitate the right hand turning movement.Scope of engineering/design work finalized. Will bring to Council for approval. Use of FY2021 Net Income to develop traffic calming concepts AND preliminary engineering for the bridge reconstruction.FY202219‐13Economic Initiatives Twin City Mall regulatory framework to redevelop site in accordance with the Master Plan.Market Analysis completed. Anticipating a site development proposal along with LDRs to be submitted by the new property owner.FY202219‐18Country ClubCountry Club ‐ Insure viability of country club and restaurant. Develop Strategic Plan that includes marketing, management, fees. Not started. Need to address parking as well.FY202319‐20Country ClubDevelop CIP for Golf CourseWill develop plan during FY2022 for the FY2023 budget.FY202219‐21FinancialDevelop a white paper to identify and evaluate possible new fees based on services provided in order to reduce overall reliance on ad valorem taxes.Not started.FY202219‐24TechnologyIncrease LPR (license plate recognition) deployment.Not started.FY202319‐28Code RewritesUpdate Sign Code: commercialDeveloped a scope of work with code consultant. Will begin work shortly.FY202319‐31Parks ProjectsReconstruction of Anchorage Park South MarinaPlanning in FY2023. Construction in FY2026.FY202319‐34Neighborhood Projects Develop a Neighborhood Plan; focus on engaging neighborhood leaders to identify priorities.Held block party to engage neighborhood leaders on February 12. First meeting with new group was held in March 23. Next meeting will focus on neighborhood priorities ‐‐ identified assisting those in need as a high priority.FY202419‐35StormwaterDevelop a Stormwater Master Plan including: Revision to the single family residential stormwater fee being prepared for FY2023. Award contract for master plan (including an analysis of vulnerability) in May. The recommended consulting firm, based upon staff's selection process, will be Hazen & Sawyer.FY202219‐44Master Plan: Infrastructure Marina Drive Streetscape ImprovementsNot started.FY202619‐47Neighborhood Projects Village Wide Beautification Program in accordance with the Master PlanNot started. In January, Environmental Committee began evaluation of a "Community Greening" program.FY2022/2319‐48Economic InitiativesCommercial Business Initiatives: Reconstitution of business advisory board. Development of Recruitment and Retention strategies for businesses.Board has identified the need to develop a "Shop Local" program in addition to the recently initiated local business networking programs. REVISED19‐49Roadway ProjectsUS 1 Bridge Replacement/ Improvement Plan; collaborate with FDOTLFA with FDOT approved by Council on March 24th. Planning for the landscaped medians and purchase of materials will take place in FY2023.FY202219‐50Roadway ProjectsProsperity Farms Road/bridge improvements in accordance with the Master Plan; collaborate with Palm Beach CountyOngoing. Will continue into 2023 and 2024.FY202219‐51Roadway ProjectsProsperity Farms Road Corridor Improvements in accordance with the Master PlanNot started.FY202419‐54InfrastructureDevelopment of plan for Undergrounding power lines/5G technologies/Natural Gas Master Plan developed and presented to Council. Scope of work recently finalized and agreement executed with PFM to evaluate financial options and assessment methodologies for undergrounding. Evaluating "peer review" of budget numbers.FY2022Priority ScoreCurrent ScheduleStatus: April 22, 2022#CategoryDescription FY22 PrioritizationPriority ScoreCurrent ScheduleStatus: April 22, 2022#CategoryDescription19‐56Organizational Performance Process refinement (Work Innovations Program)Not started.FY202519‐57Organizational Performance Initiate Charter Review Process including discussing changes to Council terms Not started.FY202319‐59Master Plan: Infrastructure Earman River/BoardwalkLow priority. Coordinate with redevelopment.not scheduled19‐60Master Plan: Infrastructure NPB/Palm Beach Gardens Coordination for Congress Avenue Industrial DistrictDiscussions initiated in response to a development proposal. Advanced discussions need to occur.FY202219‐61FinancialAggressively pursue Annexation.Working with TCRPC to develop a scope of work for a refined annexation plan. Discussions with property owners re Ellison Wilson Road. Initiating financial analysis for involuntary annexation of Hinda Road/Richard Road area.FY202219‐62Quality of LifeEnvironmental ‐ Take opportunities to purchase more land for green space/public use.Low priority. FY202520‐01Parks ProjectsRenovate dry storage area with new wall, resurface parking, striping, and trailer parking.Engineering plans developed. Reviewed with Advisory Boards and neighbors. Budget review with the Village Council prior to final design to occur in May.FY202220‐02Quality of LifeDevelop a beautification project for US1 after the lane repurposing pilot project for US1 is successfully completed. Consider as part of Project 19‐06.FY2023/2420‐03Country ClubGolf Course Pond Bank Stabilization: littoral shelf with plants Multi‐year project with a contract for the first phase, to be completed by Brightview, approved by the Village Council. First phase of stabilization is expected to begin June 20th and be completed by the end of August.FY202220‐07Public Works Projects Country Club GeneratorWorked with Ballard Partners to submit appropriations request for the current legislative session. Included in the Legislative Budget. Awaiting Governor's review.FY202320‐08Neighborhood ProjectsNorthlake Blvd Area Waterfront Neighborhoods Redevelopment opportunities: assessment of multifamily housing stock, consider redevelopment opportunities, rewrite the Code to encourage redevelopment, provide a Riverwalk/boardwalk, and activate the waterfront.Not started.FY202620‐09Country ClubSwim Wall Acquisition. In progress.FY202220‐12Country ClubFitness Center development: addition to tennis or pool area.Low prioirty. Revisit in FY2026not scheduled20‐13Country ClubTiki bar on ICW: Partnership with Farmer's Table.Farmers Table to initiate if desired. Low priority.not scheduled20‐14TechnologyCommunity Development Software: e‐permitting and e‐plan reviewWill be acquired throught the use of SLFRF funding. RFP developed. Responses will be received in mid‐April. Anticipate a recommendation to the Village Council in May.FY202220‐15Public Works Projects Public Works Complex: reinvest or relocateCompleted a Phase I analysis of the Public Works facility. Appraisal of the Public Works property is underway. Enganged in conversation with multiple property owners. Evaluating options. FY202220‐16InfrastructureSoutheast Seawall at Lakeside Park ReplacementEngineering plan is developed.FY202520‐17InfrastructureCanal Road/Monet Road: seawall repairConducted one meeting with the County to evaluate ROW ownership. County's response was received on March 31; they do not believe that the County has any financial responsibility. Village atty and staff are reviewing for a possible response and evaluating possible design alternatives.FY202620‐20Country ClubPurchase and installation of a pool slide to enhance pool amenities.Low priority.not scheduled22‐01Parks ProjectsOsborne Park Master Plan NEW: from the Recreation Needs AssessmentNEW22‐02Parks ProjectsCommunity Center Park Master PlanNEW: from the Recreation Needs AssessmentNEW22‐03Community Engagement Establish a Youth CommitteeEstablish goals: education and volunteerism? Input on recreation/parks? Other goals?NEW22‐04Quality of LifeDevelop more recreation programming optionsDefinition? Scope? Expectations? Pickleball opportunities?NEW FY22 PrioritizationPriority ScoreCurrent ScheduleStatus: April 22, 2022#CategoryDescription22‐05Community Character Review/Refine Commercial Development CodeConsider: density bonuses, setbacks, timeframe to initiate development following approval, etcNEW22‐06Community Character Bank Stabilization Regulations: Earman River/C‐17Balance Earman River character with property protection.NEW22‐07All Neighborhoods as Desirable Places to LiveFuture Service Area ‐‐ Fire/Rescue ServicesAnnexation and commercial development impacts ‐‐ change in LOS?NEW22‐08Quality of LifeUS1 NORTH OF PARKER BRIDGE: design charetteIn progress. Evaluate traffic mitigation, street lighting, landscaping, longer turn lane on Lakeshore Dr/US 1 intersection (per Master Plan), reduce Park Bridge openings in the peak hour. NEW22‐09Quality of LifeConnect Club Drive with lighted pathway to the NPBCC (Master Plan)NEW22‐10Quality of LifeEvaluate turning movements onto and off of US1: facilitate right hand movementsNEW