HomeMy WebLinkAboutAgenda Council Agenda 010611
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 6, 2011
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. MAYOR’S VETERANS GOLF TOURNAMENT CHECK PRESENTATION.
b. FIRE RESCUE VOLUNTEER RECOGNITION.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 4) APPROVE MINUTES FROM DECEMBER 16, 2010 CITY COUNCIL
MEETING.
b. (Staff Report on Page 9, Resolution on Page 11) RESOLUTION 1, 2011 -
FOUR YEAR MASTER LEASE AGREEMENT. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
A FOUR (4) YEAR MASTER LEASE AGREEMENT WITH GE CAPITAL
CORPORATION/VFS FOR GOLF MAINTENANCE EQUIPMENT THROUGH AN
EXISTING CONTRACT WITH THE STATE OF FLORIDA NO. 760-000-10-1;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
c. (Staff Report on Page 107, Resolution on Page 109) RESOLUTION 3, 2011 -
PURCHASE AWARD TO XYBIX SYSTEMS, INC. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING AN AGREEMENT WITH ERGOFLEX SYSTEMS, INC. (D/B/A
XYBIX SYSTEMS, INC.) FOR THE PURCHASE AND INSTALLATION OF
DISPATCH AND COMMUNICATIONS WORKSTATIONS FOR THE
EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER VIA AN
EXISTING RFP (NO. 10P-075) AND CONTRACT WITH MARION COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
d. (Page 155) PROCLAMATION – ARBOR DAY
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. (Staff Report on Page 156, Ordinance on Page 164) ORDINANCE 1, 2011 –
(1st READING) AMENDING THE CITY’S LAND DEVELOPMENT
REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
DEVELOPMENT. BY REPEALING SUBSECTION 78-80(a)(12) AND
READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY
REPEALING SUBSECTION 78-157(b). DEFINITIONS. IN ITS ENTIRETY AND
RESERVING SAME FOR FUTURE LEGISLATION; FURTHER AMENDING
CHAPTER 78. BY REPEALING SECTIONS 78-571. AND 78-572. AND
SUBSECTION 78-681(b)(5) AND READOPTING SAME, AS REVISED IN
ORDER TO CLARIFY PARK AND RECREATION REQUIREMENTS; FURTHER
AMENDING CHAPTER 78. AT SECTION 78-751. DEFINITIONS. BY
REPEALING THE DEFINITIONS OF “ALLEY” AND “GOVERNMENT USES”
AND READOPTING SAME, AS REVISED, AND ADOPTING NEW
DEFINITIONS OF “BUILD TO LINE”, “COMMUNITY PARK”, “LIVE-WORK”,
“MAIN STREET”, “NEIGHBORHOOD PARK”, “PEDESTRIAN-ORIENTED
GROUND FLOOR USES”, “PRIMARY STREET”, “SECONDARY STREET”,
“TERTIARY STREET”, AND “WATER ACCESS”; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND
DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
b. *(Staff Report on Page 174, Resolution on Page 198) RESOLUTION 2, 2011 -
AMENDING RESOLUTION 83, 2005. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CERTAIN
CONDITIONS OF APPROVAL FOR THE CHRIST FELLOWSHIP CHURCH
NORTH CAMPUS PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON
NORTHLAKE BOULEVARD APPROXIMATELY 0.8 MILES WEST OF NORTH
MILITARY TRAIL, AS DESCRIBED MORE PARTICULARLY HEREIN;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
12•16•10
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
DECEMBER 16, 2010 4
5
The regular meeting was called to order at 7:00 p.m. by Mayor Levy. 6
I. PLEDGE OF ALLEGIANCE 7
Mayor Levy requested a moment of silence in remembrance of Palm Beach Gardens resident 8
Thomas Sosey. 9
II. ROLL CALL 10
PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph 11
Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley. 12
ABSENT: None. 13
III. ADDITIONS, DELETIONS, MODIFICATIONS 14
UNDER ANNOUNCEMENTS AND PRESENTATIONS 15
a. Federal Emergency Management Agency (FEMA) Reimbursements Recognition. 16
Councilmember Jablin made a motion for approval of the addition. 17
Councilmember Russo seconded. 18
Motion passed 5-0. 19
IV. ANNOUNCEMENTS AND PRESENTATIONS 20
a. Federal Emergency Management Agency (FEMA) Reimbursements Recognition. 21
City Manager Ferris recognized Risk Management Coordinator Gracie Wong for her 22
efforts in obtaining reimbursement from FEMA for expenses incurred by the City following 23
hurricanes Frances and Jeanne. 24
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 25
Councilmember Tinsley thanked Gracie Wong for her hard work and reported on attending 26
a Chamber of Commerce meeting. Councilmember Russo reported on Downtown at the 27
Gardens activities and recognized Thomas Sosey. Vice Mayor Premuroso reported on City 28
financial interests. Councilmember Jablin recognized Thomas Sosey and reported on 29
improvements at Landmark at the Gardens. Mayor Levy reported on the Hanukkah party held 30
at Midtown at the Gardens and a caroling event and wished all happy holidays. 31
VI. CITY MANAGER REPORT 32
None. 33
VII. COMMENTS FROM THE PUBLIC 34
None. 35
VIII. CONSENT AGENDA 36
a. APPROVE MINUTES FROM NOVEMBER 4, 2010 CITY COUNCIL MEETING. 37
b. APPROVE MINUTES FROM NOVEMBER 18, 2010 CITY COUNCIL MEETING. 38
c. APPROVE MINUTES FROM DECEMBER 2, 2010 CITY COUNCIL MEETING. 39
d. PROCLAMATION – LET’S MOVE CAMPAIGN. 40
Councilmember Jablin made a motion for approval of the Consent Agenda. 41
Councilmember Russo seconded. 42
Motion passed 5-0. 43
IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 44
Mayor Levy announced the procedures for tonight’s proceedings. 45
Those preparing to give testimony were sworn in. 46
The City Clerk read Ordinance 27, 2010 by title. 47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
12•16•10
a. *ORDINANCE 27, 2010 – (2nd READING AND ADOPTION) REZONING PARCEL 18.A07. 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 2
FLORIDA REZONING ONE (1) PARCEL OF REAL PROPERTY CONSISTING OF 3
APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, MORE OR LESS; SUCH PARCEL 4
BEING LOCATED GENERALLY AT THE NORTHWEST CORNER OF THE INTERSECTION 5
OF HOOD ROAD AND THE FLORIDA TURNPIKE, INFORMALLY KNOWN AS “PARCEL 6
18.A07”, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY 7
RESIDENTIAL SINGLE FAMILY (RS) AND RESIDENTIAL ESTATE (RE) TO CITY OF PALM 8
BEACH GARDENS RESIDENTIAL LOW, UP TO 4 UNITS PER ACRE (RL-2) ZONING 9
DISTRICT; PROVIDING FOR REVISIONS TO THE ZONING DISTRICT MAP; PROVIDING A 10
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 11
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12
Mayor Levy opened the public hearing. 13
No ex parte communication was declared. 14
Public Comment: None. 15
Mayor Levy closed the public hearing. 16
Councilmember Jablin made a motion for approval of Ordinance 27, 2010 on second 17
reading and adoption. 18
Vice Mayor Premuroso seconded. 19
Motion passed 5-0. 20
The City Clerk read Resolution 91, 2010 by title. 21
b. *RESOLUTION 91, 2010 –- OUTDOOR ACCESSORY STRUCTURE AT MIDTOWN. A 22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 23
FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE MIDTOWN PLANNED 24
UNIT DEVELOPMENT (PUD), LOCATED AT 4801 PGA BOULEVARD, AS MORE 25
PARTICULARLY DESCRIBED HEREIN, TO ADD AN OUTDOOR ACCESSORY STRUCTURE 26
IN THE PLAZA BETWEEN CANTINA LAREDO AND III FORKS STEAKHOUSE; PROVIDING 27
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 28
PURPOSES. 29
Mayor Levy opened the public hearing. 30
No ex parte communication was declared. 31
Presentation by: Alessandria Kalfin, Cotleur & Hearing, Inc. 32
Staff Presentation: Director of Planning and Zoning Natalie Wong. 33
Public Comment: Vito DeFrancesco, 1049 Shady Lakes Circle, Palm Beach Gardens. 34
Mayor Levy closed the public hearing. 35
Councilmember Jablin made a motion for approval for Resolution 91, 2010. 36
Vice Mayor Premuroso seconded. 37
Motion passed 5-0. 38
The City Clerk read Ordinance 28, 2010 by title. 39
c. ORDINANCE 28, 2010 – (1ST READING) AMENDING FISCAL YEAR 2010/2011 40
BUDGETED FUND BALANCE CARRY. AN ORDINANCE OF THE CITY COUNCIL OF 41
THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM 42
BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 43
2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS 44
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND 45
FOR OTHER PURPOSES. 46
Mayor Levy opened the public hearing. 47
Staff Presentation: Finance Administrator Allan Owens. 48
Public Comment: None. 49
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
12•16•10
Mayor Levy closed the public hearing. 1
Councilmember Jablin made a motion for approval for Ordinance 28, 2010 on first reading. 2
Vice Mayor Premuroso seconded. 3
Motion passed 5-0. 4
The City Clerk read Ordinance 29, 2010 by title. 5
d. ORDINANCE 29, 2010 – (1ST READING) AMENDING THE FISCAL YEAR 6
2010/2011 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 7
PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH 8
GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND 9
ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE 10
AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR 11
OTHER PURPOSES. 12
Mayor Levy opened the public hearing. 13
Staff Presentation: Finance Administrator Allan Owens. 14
Public Comment: None. 15
Mayor Levy closed the public hearing. 16
Councilmember Jablin made a motion for approval for Ordinance 29, 2010 on first reading. 17
Vice Mayor Premuroso seconded. 18
Motion passed 5-0. 19
e. *RESOLUTION 55, 2010 – (CONTINUED FROM NOVEMBER 18, 2010) 20
AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD). A 21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 22
FLORIDA APPROVING AN AMENDMENT TO THE SOUTHAMPTON PLANNED 23
UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHEAST CORNER OF 24
CENTRAL BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY 25
DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF 96 TOWNHOMES AND 26
58 SINGLE-FAMILY HOMES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF 27
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 28
Mayor Levy continued the public hearing. 29
Presentation by: Dodi Glas, Gentile, Holloway, O’Mahoney & Associates. 30
Public Comment: None. 31
Mayor Levy let the public hearing remain open. 32
Councilmember Jablin made a motion to continue Resolution 55, 2010 to date certain 33
February 3, 2011. 34
Vice Mayor Premuroso seconded. 35
Motion passed 5-0. 36
X. RESOLUTIONS 37
The City Clerk read Resolution 93, 2010 by title. 38
a. RESOLUTION 93, 2010 – APPOINTMENT OF ONE MEMBER TO THE BUDGET 39
OVERSIGHT COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 40
OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF A 41
REGULAR MEMBER TO THE BUDGET OVERSIGHT COMMITTEE; PROVIDING AN 42
EFFECTIVE DATE; AND FOR OTHER PURPOSES. 43
Discussion ensued. 44
Councilmember Jablin made a motion to approve Resolution 93, 2010 nominating Marilyn 45
Lew Jacobs for membership on the Budget Oversight Committee. 46
Councilmember Tinsley seconded. 47
Motion passed 5-0. 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
12•16•10
The City Clerk read Resolution 94, 2010 by title. 1
b. RESOLUTION 94, 2010 – PURCHASE OF FIFTEEN REPLACEMENT VEHICLES. A 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 3
FLORIDA APPROVING THE PURCHASE OF FIFTEEN (15) REPLACEMENT POLICE 4
DEPARTMENT VEHICLES FROM MAROONE DODGE OF PEMBROKE PINES AND 5
HUB CITY FORD, INC. VIA AN EXISTING CONTRACT WITH THE FLORIDA 6
SHERIFF’S ASSOCIATION, CONTRACT NO. 10-18-0907; PROVIDING AN 7
EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8
Staff Presentation: Police Sergeant Joseph Corrao. 9
Public Comment: None. 10
Councilmember Jablin made a motion for approval of Resolution 94, 2010. 11
Vice Mayor Premuroso seconded. 12
Motion passed 5-0. 13
The City Clerk read Resolution 95, 2010 by title. 14
c. RESOLUTION 95, 2010 - GENERAL OBLIGATION REFUNDING BONDS. A 15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 16
FLORIDA AUTHORIZING THE ISSUANCE OF $4,440,996.89 GENERAL OBLIGATION 17
REFUNDING BONDS, SERIES 2010 FOR THE PURPOSE OF REFUNDING ALL OF 18
THE CITY'S GENERAL OBLIGATION BONDS, SERIES 1998 AND SERIES 1999, THAT 19
REMAIN OUTSTANDING; PRESCRIBING THE FORM, TERMS, AND DETAILS OF 20
SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN 21
CONNECTION WITH THE ISSUANCE OF SUCH BONDS; SPECIFYING THE USE OF 22
THE PROCEEDS OF SUCH BONDS; AWARDING SUCH BONDS TO SUNTRUST 23
BANK BY NEGOTIATED SALE; DIRECTING THE LEVY OF THE AD VALOREM 24
TAXES OF THE CITY OF PALM BEACH GARDENS TO THE REPAYMENT OF THE 25
BONDS; DESIGNATING THE BONDS AS “QUALIFIED TAX-EXEMPT 26
OBLIGATIONS” WITHIN THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL 27
REVENUE CODE OF 1986, AS AMENDED; PROVIDING A CONFLICTS CLAUSE AND 28
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 29
PURPOSES. 30
Staff Presentation: Finance Administrator Allan Owens. 31
Public Comment: None. 32
Discussion ensued. 33
Councilmember Jablin made a motion for approval of Resolution 95, 2010. 34
Vice Mayor Premuroso seconded. 35
Motion passed 5-0. 36
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 37
Councilmember Russo made a motion nominating Councilmember Tinsley as the Council 38
Liaison to the Parks and Recreation Advisory Board. 39
Vice Mayor Premuroso seconded. 40
Motion passed 5-0. 41
XII. CITY ATTORNEY REPORT 42
None. 43
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
12•16•10
XIII. ADJOURNMENT 1
Councilmember Jablin made a motion to adjourn. 2
Vice Mayor Premuroso seconded. 3
Motion passed 5-0. 4
The meeting adjourned at 7:59 p.m. 5
The next regularly scheduled City Council meeting will be held January 6, 2011. 6
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APPROVED: 8
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David Levy, Mayor 12
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Robert G. Premuroso, Vice Mayor 16
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Joseph R. Russo, Councilmember 20
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Eric Jablin, Councilmember 24
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Marcie Tinsley, Councilmember 28
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ATTEST: 36
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Patricia Snider, CMC 41
City Clerk 42
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Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 45
the meeting. A verbatim audio record is available from the Office of the City Clerk. 46
All referenced attachments are on file in the Office of the City Clerk. 47
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 2011
Resolution 1, 2011
SubjectlAgenda Item: Approve a four (4) year Master Lease Agreement with GE Capital
CorporationNFS for Golf Maintenance Equipment
[XI Recommendation to APPROVE
] Recommendation to DENY
ieviewed by:
-inance dm' istrator a-
Man Owens
Submitted by:
Approved by:
Ronald M.ferris
Originating Dept.:
Operations Director
*&-
Tim Kasher
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ X ] Not required
2osts: $241,298.24
(Total)
$40,633.04
Current FY
'unding Source:
] Operating
X ] Other
Budget Acct.#:
106.2540.572.4420
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
-Resolution 1, 201 1
-Exhibit A:
Leaselpurchase
Quotation
-Exhibit B: State of
Florida Contract No.
760-000-1 0-1
-Exhibit C: Sample
Master Lease
Agreement
Meeting Date: January 6,2011
Resolution 1, 2011
Page 2 of 2
BACKGROUND: The Palm Beach Gardens Golf Course requires daily use of
maintenance equipment to maintain turf grass, common grass, sand traps, greens, and
tees, as well as the surrounding common areas. Utility carts are used by staff as all-
purpose work vehicles for the golf course. Our current lease with Siemens Financial
Services Inc. is coming to an end; therefore, new equipment is required to maintain the
facility. Wesco Turf, Inc. was awarded State of Florida Contract No. 760-000-10 for
landscape maintenance equipment. Hector Turf, Inc. is an authorized dealer for Wesco
Turf, Inc. for our geographic area; therefore, Hector Turf, Inc. will be supplying the required
equipment. Staff recommends entering into a new four (4) year Master Lease Agreement
for such equipment with GE Capital CorporationNFS, which is Hector Turf, Inc.’s financing
company.
The agreement will include the following equipment:
0 2 Tor0 Greenmaster 3050 Mowers (for greens)
0 2 Tor0 Greenmaster 3050 Mowers (for tees)
0 1 Tor0 5510 Reelmaster Fairway Mower
0 1 Tor0 3500 Groundsmaster
0 1 Tor0 SandPro 3040
0 1 Tor0 Rough Area Mower 4500-D
0 1 Tor0 Workman HD Utility Vehicle
0 1 Tor0 Z Master G3
This equipment provides the latest in technology and efficiency. The estimated annual
cost to the City after the first year will be $60,199.56, for a total contract sum of
$241,298.07 over the four (4) year period.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 1, 201 1 as
presented.
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RESOLUTION 1,2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A FOUR (4) YEAR
MASTER LEASE AGREEMENT WITH GE CAPITAL
CORPORATIONNFS FOR GOLF MAINTENANCE EQUIPMENT
THROUGH AN EXISTING CONTRACT WITH THE STATE OF
AND FOR OTHER PURPOSES.
FLORIDA NO. 760-000-1 0-1 ; PROVIDING AN EFFECTIVE DATE;
WHEREAS, the City operates a municipal golf course that utilizes specialized
equipment for golf course operations and maintenance of turf; and
WHEREAS, Section 2-294, Code of Ordinances permits the City to “piggyback”
an agreement awarded to another governmental agency pursuant to a competitive
sealed bid; and
WHEREAS, the City has received a quote from Hector Turf, Inc., an authorized
dealer of Wesco Turf, Inc., a copy of which is attached hereto as Exhibit “A, in
accordance with an existing contract with the State of Florida No. 760-000-10-1, a copy
which is attached hereto as Exhibit “B”: and
WHEREAS, City staff recommends entering into a Master Lease Agreement with
GE Capital CorporationNFS for such golf maintenance equipment, a sample of which is
attached hereto as Exhibit “C”; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the lease of golf maintenance
equipment from GE Capital CorporationNFS, and hereby authorizes the City Manager
to execute the necessary leasing documents in a form acceptable to the City Attorney.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Page 1 of 2
Resolution 1,201 1
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PASSED AND ADOPTED this day of ,2011
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
David Levy, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER TINSLEY
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONSPOl l\Resolution 1 201 1 -golf maint equip 3.docx
Page 2 of 2
EXHIBIT “A”
-
1301 N.W. THIRD mEET DEERFIELD REACII. Ft.33442
Qty. Model#
1 03680
f054) 429 - 3200 FAX (OS41 7254701
Description
________ Tor0 Reelmaster 5510 Midweight Fairway Mower
Qnotation Provided for
Palm Beach Gardens Municipal Golf Course
October 25,201 0
-
,' 03682 I 1 Blade DPA Fairway Cutting Units (5)
1 10-8860 2-P&t R6R-
z
__ - - - _-
I , MSRP/ State1 Extembnl
Coutract
$53,781.98 $42.487.76 542,487.76
__ -- 30358-Birnini Canws Canopy Top
2 043s 1 'I'&-hsk%cr 3050 Triplex Riding Ciracnsmow& . $26,402.00 $20,857.58 .~ $41.7 15.16
--
- 0461 1 11 Eladc Cutting Unit, DPA(3)
04626 Wichlc Kollm Kit (Namw) -
- - --
Triplex Riding G&mower __ 04610 8 Blade Cutting Unit. DPA(3)
04626 Wichle Roller Kit ma&&)
___ - ..
- 30359 Universal Sun Shade
$26,120.00
.-
I I 1 1 I 30839 I 'I'm GToundsrnid& 3500-D Rotary Trim Mower
_..
1 07369
1 30857
1 74923
- - __
1 __ _- I
08755 QhS Spiker __
087 14 Manual Hladc (40")
Tm Workman HD Heavy Duty Utility Vehicle
Toro Groundsmaster 4500-D Rotary Rmgh Mower
$20,007.00 $1 5,805.53 $1 5.805.53
$62,902.00 $49.692.58 $49,692.58
- __ --
__
.- -
- -- - .~ 30359 Universal Sun Shade - ._
- $1 1,221 .OO $7,742.49 57,742.49
TOTAL $245,780.53
- __ Z Master <i3 - 27 HP Kawasaki
52" 'I'urbo Fwcc Dcck __ -
- __
WITwo &nd Pro 3040 Rmmker Rak<--2*
08751 Tooth Rake
proridcdby: Tm DeYoung
954-429-3200
Financing
TO:
ATTENTION:
Distributor:
Sales Rep:
December 8,2010
Palm Beach Gardens Municipal Golf Course
Cindy Unger
Hector Turf
Tom DeYoung
Thank you for the opportunity to propose the following equipment leasing solution on behalf of Tor0 Financing.
We appreciate this opportunity to earn your business.
Leased Property:
Supplier's Invoice Prices (estimated):
LESS: Down PaymentlTrade-in:
TOTAL AMOUNT LEASED:
Monthly Payment:
New Tor0 Turf Equipment
$245,780.53
$ 245,780.53
$ 5,016.63
Base Term Rent CalculationlPayment Information
Term Number of Pavments Pavment Factor
48 Months 48 0.02041 1
- ONE monthly payment@) islare due in advance. All payments are net of applicable taxes, insurance and any other sums
you may be responsible for under the terms of the lease.
These calculations are based on the United States Treasury obligations as quoted in the Wall Street Journal (the "Index"),
on the date of this letter and are subject to adjustments due to increases occurring in the Index between the date of this
proposal and the date of any schedule under your lease, with the payment amounts to be adjusted to reflect a
proportionate increase. (Adjustments also occur if the total amount of supplier invoice prices is less than the above
estimated amount)
Supplier Payment Process
Tor0 Financing will pay your supplier upon acceptance of financed property, and your authorization, under the terms of the
supplier invoice.
Rentals Due on Execution of Lease Documents
When Tor0 Financing prepares and provides the Lease Documents, an initial payment amount of
is required. This will be applied as your first monthly rental and documentation fee due.
$ 5,266.63
Fair Market Value Purchase Option
At the end of the Base Term, providing all terms and conditions have been satisfied, and subject to the tens and conditions
of the Lease Documents, you may either return the leased property under the terms and conditions of the lease,
or purchase the leased equipment for its then Fair Market Value.
Documentation Fee: $ 250.00 (Due upon execution of lease documents)
Hourly Limitations:
Your lease payment is based upon usage of
according to the terms and conditions of the lease.
- 900 hours per year. Any usage in excess of that amount will be billed
Good Faith Proposal Only
Please note that this is a proposal only representing a preliminary description of the possible terms of a future transaction.
This proposal cannot define all of the possible terms and conditions of the proposed transaction. Tor0 Financing's acceptance of any
deposit is not intended to be a commitment to enter into a lease, nor is it intended to obligate Tor0 Financing to you in any way.
Tor0 Financing has not yet sought the internal credit approval to finalize this lease offering. This approval would be subject to Tor0 Financing's
further due diligence, analysis and consideration. The proposed terms and conditions listed here must be approved by
Tor0 Financing's internal credit group, at which point, execution and delivery of documentation satisfactory in form and substance to
Tor0 Financing would follow. Also, the terms of this proposal may be modified during this credit review process and/or Tor0 Financing may
decide to decline the application.
Tor0 Financing, program
administered by GE Capital
Mark McCommon
Vice President
386-274-1 759
Terms of Proposal Accepted. Please submit for credit review
By: Date:
Palm Beach Gardens Municipal Golf Course
2101 Cantu Court, Sarasota, FL. 34232-6242
941.377.6777 800.486.8873 Fax 941.371.2967
300 Technology Park, Lake Mary, FL. 32746
407.333.3600 Fax 407.333.9246
7037 Commonwealth Ave., Jacksonville. FL. 42220
904.783.0500 Fax 904.783.3835
December 8,2010
To whom it may concern,
Wesco Turf, Inc. was awarded the Florida State Contract No 760-000-10-1;
Construction, Agricultural & Lawn Equipment effective April 28,2010 through
June 30,2012.
All purchase orders must be made out to Wesco Turf, Inc., however orders
will be handled by authorized dealers based in your area.
Hector Turf is an authorized State Contract Dealer for Tor0 commercial turf
equipment for your geographic area.
Please feel free to contact me if 1 can be of any further assistance.
Greg Gamble
Vice President
Wesco Turf, Inc.
.G reg.gam bIe @wescoturf.com
941.487.6887
EXHIBIT “B”
1 DEPARTMENT OF MANAGEMENT le r v i c e -s
Division of State Purchasing
4050 Esplanade Way Suite 360
Tallahassee. Florida 32399-0950
Tel: 8~0.488.8+10
www.dms.Myflorida.com
F~x: 850.4 14-6 I 22
Gwemor Charlie Crist
CERTIFICATION OF CONTRACT
TITLE: Construction, Industrial, Agricultural, & Lawn Equipment
CONTRACT NO.: 760-000-1 0-1
ITB NO.: 03-760-000-S
EFFECTIVE: April 28, 201 0 through June 30, 2012
CONTRACTOR(S) (REV 11 JUN 2010):
ADM Ventures, Inc. dba Yale Lift Trucks of Florida
Alamo Industrial dba Alamo Sales Corp. (A)
American Sportworks LLC (A)
Ariens Company - Gravely (A)
Barloworld Handling LLC (A)
Best Equipment & Repair Inc. (A)
Bobcat Company (A)
CNH America LLC (A)
Construction Sales & Service, Inc. (A)
Georgia (A)
Secretary Linda H. South
Excel Industries Inc. dba Hustler Turf Equipment (A)
Florida Outdoor Equipment, Inc. (R)
Glade & Grove Supply Co., Inc. (A)
Golf Ventures (A)
Gradall Industries, Inc. (A)
G S Equipment, Inc. (A)
Gulf Coast Turf and Tractor LLC dba Gulf Coast Tractor and Equipment (A)
JCB, Inc. (A)
John Deere Company - A Division of Deere & Company (C&CE Division) (A)
John Deere Construction Retail Sales (A)
Kelly Tractor Co. (A)
Komatsu America Corporation (A)
Live Oak Lawn Supply, Inc. (R)
Magic Circle Corporation dba Dixie Chopper (A)
Nortrax Equipment Company SE LP (A)
Ring Power Corporation (A)
Roberts Supply, Inc. (A)
Robinson Outdoors, Inc (A)
Sarlo Power Mowers, Inc. (A)
Stihl Southeast, Inc. (A)
Superior Tractor Company (A)
Suwannee River Kubota LLC (A)
Tiger Corporation (A)
Trekker Tractor, LLC (A)
Triple D Equipment, Inc. (A)
U.S. Shoring & Equipment Co. (A)
Wesco Turf, Inc. (A)
We serve those who serve Florida.
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management
Services, a Contract has been executed between the State of Florida and the designated Contractor(s).
B. EFFECT - This Contract was entered into to provide economies in the purchase of Construction,
Industrial, Agricultural, & Lawn Equipment by all State of Florida agencies and institutions. Therefore,
in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be
made under the prices, discounts, requirements, specifications, terms, and conditions of this Contract
and with the Contractor(s) specified.
C. ORDERING INSTRUCTIONS -All purchase orders shall be issued in accordance with the attached
ordering instructions, requirements, terms, and conditions. Purchaser shall order at the prices and
discounts indicated, exclusive of all Federal, State, and local taxes.
All Contract Purchase Orders shall show the State Purchasing Contract Number, Commodity Group
Number, Line Number, Commodity(ies) Description, quantity, with unit prices extended and purchase
order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.)
D. CONTRACTOR PERFORMANCE - Agencies shall report any Contractor failure to perform according
to the requirements of this Contract on Complaint to Vendor, form PUR7017. Should the Contractor fail
to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance,
is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your
information.
Authorized Sign a tu re
DSP/cw
Attachments
(date)
2
CONTRACT MANAGER
NAME: CHRISTOPHER WALKER
E-MAIL: christoDher.walker@.dms.mvflorida.com
TELEPHONE: 850-488-7540
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3
TABLE OF CONTENTS
1 .O INTRODUCTION
2.0
3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS
GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1 001 (10/06)]
4.0
5.0 SPECIAL CONDITIONS
6.0 TECHNICAL SPECIFICATIONS
GENERAL CONTRACT CONDITIONS [PUR1 000 (1 0/06)]
7.0 PRICE SHEET & ORDERING INSTRUCTIONS AND FORMS
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4
SECTION 1 .O
INTRODUCTION
CONTENTS:
1.2 TIMELINE
1 .I PURPOSE AND SCOPE
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5
1.1 Purpose and Scope
The State of Florida (“State”), Department of Management Services (“Department”), invites interested
Vendors, including Construction, Industrial, Agricultural, & Lawn Equipment Manufacturers and
Dealers, to submit Responses in accordance with these solicitation documents. The purpose of the
solicitation is to establish a State Term Contract for the acquisition of Construction, Industrial,
Agricultural, & Lawn Equipment with potential options for renewals as allowed by Chapter 287, Florida
Statutes.
The intent of the solicitation is to obtain the most cost effective Construction, Industrial, Agricultural, &
Lawn Equipment for the State of Florida while maximizing availability, quality, and level of service.
Qualified Vendors must have the capability to provide Construction, Industrial, Agricultural, & Lawn
Equipment in all respects in accordance with the solicitation documents and to the satisfaction of the
Department.
The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per
Section 2.17, and to end June 30, 2012, with potential options to renew per Chapter 287, Florida
Statutes.
1.2 Timeline
January 27,2010 Llssue Solicitation within MyFloridaMarketPlace Sourcing Tool (Provide Notice within -e
Vendor Bid System)
February 03,2010 Requests for Approved Equivalents Due via Mail (No later than 2:OO pm ET). Note:
See Section 3.8, Manufacturer I Brand Names and Approved Equivalents
February 03,2010 Questions from Vendors Due via Q&A Board within MyFloridaMarketPlace Sourcing
Tool (No later than 2:OO pm ET).
February 10,2010 Post Responses to Vendor Requests for Approved Equivalents and Questions within
MyFloridaMarketPlace Sourcing Tool and Vendor Bid System.
Solicitation Responses Due within MyFloridaMarketPlace Sourcing Tool (Some
Required Documents via Mail) (No later than 2:OO pm ET).
Post Notice of Intended Award within Vendor Bid System (Per Section 2.13,
Electronic Posting of Notice of Intended Award).
February 18,201 0
March 23,2010
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL’S TIME REMAINING
CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION
1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this
solicitation. The MyFloridaMarketPlace Sourcing Tool’s time remaining clock is not the official
submission date and time deadline, it is intended only to approximate the solicitation closing and may
require periodic adjustments.
It is stronqlv recommended to submit your Response as early as possible. You should allow
time to receive any requested assistance and to receive verification of your submittal: waiting
until the last hours of the solicitation could impact the timelv submittal of your Response.
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6
SECTION 2.0
GENERAL INSTRUCTIONS TO RESPONDENTS rPURl001 (1 OlO6u
CONTENTS:
2.1 DEFINITIONS.
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.1 1
2.12
2.13
2.14
2.1 5
2.16
2.17
2.18
2.19
2.20
2.21
GENERAL INSTRUCTIONS.
TERMS AND CONDITIONS.
QUESTIONS.
CONVICTED VENDORS.
DISCRIMINATORY VENDORS.
PERFORMANCE QUALIFICATIONS.
PUBLIC OPENING.
CLARIFICATIONSIREVISIONS.
CONTRACT FORMATION.
CONTRACT OVERLAP.
PUBLIC RECORDS.
PROTESTS.
ELECTRONIC SUBMISSION OF RESPONSES.
CONFLICT OF INTEREST.
RESPONDENT’S REPRESENTATION AND AUTHORIZATION.
MANUFACTURER’S NAME AND APPROVED EQUIVALENTS.
ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD.
FIRM RESPONSE.
MINOR IRREGULARITIES~RIGHT TO REJECT.
LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD.
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7
2.1 Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following
additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Customer" as
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions.
(d) "Response" means the material submitted by the respondent in answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.
defined in the PUR 1000 if that entity meets the definition of both terms.
2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the
materials contained herein and prepare responses accordingly.
2.3 Electronic Submission of Responses. Respondents are required to submit responses electronically.
For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments
hereby include electronic signature by means of clicking the 'Submit Response" button (or other similar symbol
or process) attached to or logically associated with the response created by the respondent within
MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response
constitutes:
an electronic signature on the response, generally,
an electronic signature on any form or section specifically calling for a signature, and
an affirmative agreement to any statement contained in the solicitation that requires a definite
confirmation or acknowledgement.
2.4 Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation,
which, in case of conflict, shall have the order of precedence listed:
Technical Specifications,
Special Conditions and Instructions,
Introductory Materials.
Instructions to Respondents (PUR IOOI),
General Conditions (PUR IOOO), and
The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent,
including any appearing in documents attached as part of a respondent's response. In submitting its response,
a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently,
shall have no force or effect. Failure to comply with terms and conditions, including those specifying
information that must be submitted with a response, shall be grounds for rejecting a response.
2.5 Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer.
Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO
LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with
the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be
able to view. Respondents shall not contact any other employee of the Buyer or the State for information with
respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for
new or changing information. The Buyer shall not be bound by any verbal information or by any written
information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's
contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute
formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these
Instructions.
2.6 Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall
disclose with their response the name of any officer, director, employee or other agent who is also an
employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or
indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.
8
2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a
public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being
placed on the convicted vendor list:
submitting a bid on a contract to provide any goods or services to a public entity;
submitting a bid on a contract with a public entity for the construction or repair of a public building or
public work;
submitting bids on leases of real property to a public entity;
being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and
transacting business with any public entity in excess of the Category Two threshold amount ($25,000)
provided in section 287.01 7 of the Florida Statutes.
2.8 Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section
287.1 34 of the Florida Statutes may not:
submit a bid on a contract to provide any goods or services to a public entity;
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work;
submit bids on leases of real property to a public entity;
be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract
with any public entity; or
transact business with any public entity.
2.9 Respondent’s Representation and Authorization. In submitting a response, each respondent
understands, represents, and acknowledges the following (if the respondent cannot so certify to any of
following, the respondent shall submit with its response a written explanation of why it cannot do so).
The respondent is not currently under suspension or debarment by the State or any other governmental
authority.
To the best of the knowledge of the person signing the response, the respondent, its affiliates,
subsidiaries, directors, officers, and employees are not currently under investigation by any
governmental authority and have not in the last ten (1 0) years been convicted or found liable for any act
prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any
public contract.
Respondent currently has no delinquent obligations to the State, including a claim by the State for
liquidated damages under any other contract.
The submission is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive response.
The prices and amounts have been arrived at independently and without consultation, communication,
or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual
or approximate, have been disclosed to any respondent or potential respondent, and they will not be
disclosed before the solicitation opening.
The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as
defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of
the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for
violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This includes disclosure of the names of current
employees who were convicted of contract crimes while in the employ of another company.
Neither the respondent nor any person associated with it in the capacity of owner, partner, director,
officer, principal, investigator, project director, manager, auditor, or position involving the administration
of federal funds:
o Has within the preceding three years been convicted of or had a civil judgment rendered against
them or is presently indicted for or othewise criminally or civilly charged for: commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state,
or local government transaction or public contract; violation of federal or state antitrust statutes; or
9
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property; or
o Has within a three-year period preceding this certification had one or more federal, state, or local
government contracts terminated for cause or default.
The product offered by the respondent will conform to the specifications without exception.
The respondent has read and understands the Contract terms and conditions, and the submission is
made in conformance with those terms and conditions.
If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the
Contract that is formed with the State.
The respondent has made a diligent inquiry of its employees and agents responsible for preparing,
approving, or submitting the response, and has been advised by each of them that he or she has not
participated in any communication, consultation, discussion, agreement, collusion, act or other conduct
inconsistent with any of the statements and representations made in the response.
The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any
cost, damage, or expense which may be incurred or be caused by any error in the respondent’s
preparation of its bid.
All information provided by, and representations made by, the respondent are material and important
and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as
fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A
misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the
Florida Statutes.
2.1 0 Manufacturer’s Name and Approved Equivalents. Unless otherwise specified, any manufacturers’
names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not
restrictive. With the Buyer’s prior approval, the Contractor may provide any product that meets or exceeds the
applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog
materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a
product is acceptable as an equivalent.
2.11 Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether
the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent
shall at all times during the Contract term remain responsive and responsible. In determining Respondent’s
responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to
the attention of the agency which demonstrates the Respondent’s capability to fully satisfy the requirements of
the solicitation and the contract.
Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and
financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the
production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the
solicitation documents are not complied with, or that the product proposed to be furnished does not meet the
specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that
performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be
disqualified from receiving awards if respondent, or anyone in respondent‘s employment, has previously failed
to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply
that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but
should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements.
2.12 Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline.
Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release
other materials pursuant to s. 119.071 (l)(b), Florida Statutes. Any person requiring a special accommodation
because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation
opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at
(800) 955-8771 (TDD).
10
2.13 Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the
Timeline the Buyer shall electronically post a notice of intended award at
httD://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in lieu of posting the
notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of
intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of
protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award
by telephone.
2.14 Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening,
during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty
(60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from
the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration
may, in the Buyer's sole discretion, be accepted or rejected.
2.1 5 ClarificationslRevisions. Before award, the Buyer reserves the right to seek clarifications or request
any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible
for Contract award. Failure to provide requested information may result in rejection of the response.
2.16 Minor IrregularitieslRight to Reject. The Buyer reserves the right to accept or reject any and all bids, or
separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer
determines that doing so will serve the State's best interests. The Buyer may reject. any response not
submitted in the manner specified by the solicitation documents.
2.17 Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent@),
however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract.
The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or
for any work performed before the Contract is effective.
2.18 Contract Overlap. Respondents shall identify any products covered by this solicitation that they are
currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor
authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its
best interest.
2.19 Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public
records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all
responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that
its response contains information that is exempt from the public records law shall clearly segregate and mark
that information and provide the specific statutory citation for such exemption.
2.20 Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3)
and 287.042(2) of the Florida Statutes and chapter 28-1 10 of the Florida Administrative Code. Questions to the
Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that
specifications are written to obtain the best value for the State and that specifications are written to ensure
competitiveness, fairness, necessity and reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the
solicitation documents shall be made within seventy-two hours after the posting of the solicitation.
Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a
protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes."
Section 28-1 10.005, Fla. Admin. Code requires the following statement to be included in the solicitation:
"Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the
11
bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes.”
2.21 Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to this
solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the
end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays,
Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any
aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation
documents. Violation of this provision may be grounds for rejecting a response.
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12
CONTENTS:
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.1 1
3.12
3.13
SECTION 3.0
SPECIAL INSTRUCTIONS To RESPONDENTS
CONTACT PERSON
DEFINITIONS
MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW
ESTIMATED QUANTITIES
SUBMITTAL OF RESPONSE
EVALUATION CRITERIA
STATE OBJECTIVES
LOBBYING
TERMS AND CONDITIONS
WHO MAY RESPOND
AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS
MANUFACTURER / BRAND NAMES AND APPROVED EQUIVALENTS
BASIS FOR AWARD
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13
3.1 Contact Person
Refer ALL Inquiries to:
Christopher Walker, FCCM
Purchasing Analyst
Division of State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
(850)488-7540 (voice)
(850)414-6122 (facsimile)
christoDher.walker@dms.mvflorida.com
Please Note: All solicitation related Questions must be submitted through the MyFloridaMarketPlace
Sourcing Tool Q&A Board per Section 2.5; MyFloridaMarketPlace system Questions may be answered in
the MyFloridaMarketPlace Solicitation Overview, Section 3.5. Any additional technical Questions related
to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk
at 866-FLA-EPRO (866-352-3776) or vendorhelD@mvfloridamarkettdace.com.
3.2 Terms and Conditions
Potential Respondents to the solicitation are encouraged to carefully review all the materials contained
herein and prepare Responses accordingly.
All Responses are subject to the requirements, specifications, terms, and conditions of the following
sections of this solicitation, which, in case of conflict, shall have the order of precedence listed:
Section 1 .O, Introduction
Section 6.0, Technical Specifications
Section 5.0, Special Conditions
Section 3.0, Special Instructions to Respondents
Section 4.0, General Contract Conditions [PUR 1000 (10/06)]
Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)]
Section 7.0, Price Sheet & Ordering Instructions and Forms
The Department objects to and shall not consider any additional terms or conditions submitted by a
Respondent, including any appearing in documents attached as part of a Respondent‘s Response. In
submitting its Response, the Respondent agrees that any additional terms or conditions, whether
submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the
solicitation requirements, specifications, terms, and conditions, including those specifying information
that must be submitted with a Response, shall be grounds for rejecting a Response.
This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions.
3.3 Definitions
The Definitions found and referenced in the General Instructions to Respondents [PUR1001 (10/06)],
Section 2.1, and General Contract Conditions [PUR1000 (10/06)], Section 4.1, shall apply to this
Section. The following additional terms are also defined:
(a) “State” means the State of Florida.
(b) “Department“ means the Florida Department of Management Services.
14
“Procurement Officer”, “Contract Manager”, or “Contract Administrator” means the Buyer’s
contracting personnel, as identified in Section 3.1 or as amended by the Department.
“Eligible User(s)” is defined in 60A-1.005, F.A.C. The following entities are eligible users:
1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical
presence within the State of Florida;
2. Any independent, non-profit college or university that is located within the State of Florida
and is accredited by the Southern Association of Colleges and Schools.
Section 287.056 of the Florida Statutes governs agencies’ use of the Contract. Others may
seek Department approval under section 287.042(2)(a) as an eligible user of the Contract.
“Vendor(s)” means the entity that believes itself capable and is in the business of providing a
Commodity and / or service similar to those within the solicitation, and may or may not respond
to the solicitation.
“Contractor(s)” means the Respondent that has been awarded and contracts to sell
Commodities and / or contractual services, which meet the requirements, specifications, terms,
and conditions herein, to an Eligible User.
“OEM(s)” or “Manufacturer(s)” means the Original Equipment Manufacturer or original producer
or provider of a Commodity and / or service.
“Dealer(s)” means a Manufacturer’s certified representative authorized by the Manufacturer to
market, sell, provide, and / or service specific Commodities and / or services of the
Manufacturer in the State of Florida.
“Commodity(ies)” means a tangible good, which may or may not meet the specifications herein.
“Commodity Code(s)” means the State of Florida specified numeric code for classifying
Commodities and contractual services which meet specific requirements, specifications, terms,
and conditions herein.
“Approved Equivalent” means a Manufacturer / Brand Name, Commodity, or contractual service
that meets or exceeds the requirements, specifications, terms, and conditions of the solicitation,
and is approved by the Department as an equivalent to a Manufacturer / Brand Name,
Commodity, or contractual service listed in the solicitation documents.
“Base Equipment”, “Base Vehicle(s)”, “Equipment”, “Machine(s)”, “Unit(s)”, or “Vehicle(s)”
unless stated otherwise, means a Department specified Commodity, which meets the
requirements, specifications, terms, and conditions herein, and may include components,
features, and configurations different than those provided by the Manufacturer and Dealer on
the standard version of the Commodity.
“OEM Option(s)”, “OEM Accessory(ies)”, “OEM Implement(s)”, “Option(s)”, “Accessory(ies)”,
and “lmplement(s)” means an original Manufacturer’s Base Equipment related optional
component, feature, or configuration, which meets the requirements, specifications, terms, and
conditions herein, and may be installed to, uninstalled from, or provided with or separately from
the Base Equipment by the Manufacturer or Dealer, as is specified, ordered, legal, customary,
reasonable, and prudent in the industry.
“MSRP(s)” is an acronym for the Manufacturer’s Suggested Retail Price. It represents the
Manufacturer’s pre-determined and recommended retail selling price, list price, published price,
or other usual and customary price that would be paid by the purchaser for specific
15
Commodities and contractual services without benefit of a Contract resulting from the
solicitation, if awarded.
“MSRP List(s)” is an acronym for the Manufacturer’s Suggested Retail Price List, a collection of
MSRPs and related information.
In the priority listed below, only the following are acceptable sources of current MSRPs and
MSRP Lists for use under the solicitation and resulting Contract, if awarded:
1. Manufacturer’s Annual U.S. Price Book, and
2. Manufacturer’s official website.
MSRPs and MSRP Lists must be formally published, publicly listed and available, and verifiable
by the Department. MSRPs and MSRP Lists may not be custom or solely developed, created,
maintained, altered, revised, changed, modified, or utilized for purposes of the solicitation and
resulting Contract, if awarded.
3.4 Who May Respond
The Department will accept Responses from capable Construction, Industrial, Agricultural, & Lawn
Equipment Manufacturers and Dealers, who are in good standing with the State of Florida, satisfying
the requirements, specifications, terms, and conditions of the solicitation documents. To be eligible for
award, a Respondent shall have the demonstrated capability to perform a statewide Contract in the
State of Florida.
By submitting a Response, each Respondent certifies that it understands, agrees to, and satisfies all
criteria specified in the solicitation documents. The Department may request, and the Respondent shall
provide, supporting information and documentation. Failure to su~plv sumortinq information and
documentation as required or requested will result in disqualification of the Response.
3.5 MyFloridaMarketPlace Solicitation Overview
The Department uses the MyFloridaMarketPlace System (“MFMP”) to receive Responses to
solicitations electronically.
3.5.1 MyFloridaMarketPlace Vendor Registration Application
Vendors must have a revised, current, and complete Vendor Registration Application identified on
the MyFloridaMarket Place Vendor Registration System at:
httDs://vendor.mvfloridamarketdace.com/. If you have not registered or have requested a
registration update, please be advised that a minimum of forty-eight (48) hours will be required for
access to the MyFloridaMarketPlace Sourcing Tool. Completion of this registration is mandatory for
those Vendors who wish to submit a Response.
3.5.2 MyFloridaMarketPlace Sourcing Tool Training
This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool at:
httDs://sourcina.mvforidamarket~lace.com/. Optional training on how to respond to this solicitation
electronically is offered at: httD://marketDlace.mvflorida.com/vendor/vendor solicitation hebhtm.
Download and review the document titled “ITB Event User Guide.”
0 For all technical questions about the Sourcing Tool, Vendors should contact the
MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or:
vendorhelD@mvfloridamarketDlace.com.
0 For additional information or assistance on using the Sourcing Tool, please visit the
MyFloridaMarketPlace website at the following link:
httD://marketDlace.mvflorida.com/vendor/vendor solicitation hebhtm.
16
This site includes:
a. Solicitation User Guides
b. On Demand web-based Sourcing training link
c. WinZip FAQs
d. Vendor FAQs
3.5.3 MyFloridaMarketPlace Sourcing Tool Tips
When working in the MyFloridaMarketPlace Sourcing Tool, be aware of the twenty (20) minute
time-out function in the tool. This means that you should save your work (click the SAVE button) at
intervals of less than twenty (20) minutes to ensure your entries since you last saved are not lost.
Please note that clicking the SAVE button within the MyFloridaMarketPlace Sourcing Tool only
saves your solicitation Responses. The SAVE button does not transmit vour solicitation
Response to the State. In order to transmit your solicitation Response to the State, you must click
the SUBMIT button on the SUMMARY page of the solicitation Response.
After clicking the SUBMIT button, it is the Respondent‘s responsibility to check any submitted
Response within the My FloridaMarketPlace Sourcing Tool to verify that the Response is accurately
and completely captured within the MyFloridaMarketPlace Sourcing Tool. Respondents must do this
while there is sufficient time remaining in the solicitation period in the event you discover an error and
need to resubmit a revised Response.
To validate your Response, you should do the following before the solicitation period ends:
Go to the “My Bids / My Responses” tab within the MyFloridaMarketPlace Sourcing Tool
after you submitted your Response.
Click on the Response ID number of your last submitted Response.
Review entire Response to make sure all responses are complete, accurate, and as you
intended to submit.
Minimum areas to check are:
Text boxes - Is your entire answer viewable?
Yes/No questions - Is the displayed answer correct?
All uploaded document files - Can you open attached document(s) and clearly
view entire content? Does the content of the file(s) match your intended
Response within the MyFloridaMarketPlace Sourcing Tool (e.g., not an earlier
version, incomplete copy, or working copy)?
Pricing and Other Information - Are all Prices and other information you intended
to submit visible and accurately captured within MyFloridaMarketPlace Sourcing
Tool?
Required Items - Are all items listed in the solicitation completed as required
within the MyFloridaMarketPlace Sourcing Tool?
0
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL’S TIME REMAINING
CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN
SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline,
of this solicitation. The MyFloridaMarketPlace Sourcing Tool’s time remaining clock is not the
official submission date and time deadline, it is intended only to approximate the solicitation closing
and may require periodic adjustments.
It is stroncrlv recommended to submit vour Response as earlv as possible. You should allow
time to receive any requested assistance and to receive verification of vour submittal;
waitina until the last hours of the solicitation could impact the timelv submittal of vour
Response.
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3.5.4 MyFloridaMarketPIace and Vendor Bid System Email Notification
3.6
3.7
3.8
Vendors are reminded that the sourcing tools’ Email Notifications are an option provided as a
courtesy. The State of Florida is not under any obligation and does not guarantee that Vendors will
receive Email Notifications concerning the posting, Addendum, Amendment, or close of
solicitations. Vendors are responsible for checkina the MvFloridaMarketPlace Sourcina Tool
and the Vendor Bid Svstem for information and updates concerninq solicitations.
Amendments or Addendums to the Solicitation Documents
The Department reserves the right to issue Amendments or Addendums to the solicitation. Notice of
any Amendment or Addendum will be posted within the MyFloridaMarketPlace Sourcing Tool and / or
the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and
reviewing the formal notices and / or changes to the solicitation. Each Vendor is responsible for
monitoring the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System sites for new or
changing information concerning the solicitation.
Estimated Quantities
To assist Respondents in the solicitation process, average estimated annual historical spend
information is provided. Spend information is based on historic data. This figure shall not be construed
as a commitment.
Estimated Annual Spend: $30 Million ($30M USD)
The above figure reflects estimated annual spend generated by Eligible Users of past contracts for
similar Commodities and or contractual services and is not a commitment.
Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be
provided by the Department in the solicitation documents. The figures provided are to assist
Respondents in the solicitation process and / or to assist the Department in evaluating, measuring, and
/ or scoring Responses to the solicitation and shall not be construed as commitments.
Manufacturer I Brand Names and Approved Equivalents
Unless otherwise specified, any Manufacturer / Brand Names, Commodities, or contractual services
listed in the solicitation documents are descriptive, not restrictive. However, Vendors must request and
receive a determination by the Department of an Approved Equivalency for any Manufacturer / Brand
Name, Commodity, or contractual service not specifically listed. The term, Approved Equivalent,
indicates a Manufacturer / Brand Name, Commodity, or contractual service that meets or exceeds the
requirements, specifications, terms, and conditions of the solicitation, and is approved by the
Department as an equivalent to a Manufacturer / Brand Name, Commodity, or contractual service listed
in the solicitation documents.
To request an Approved Equivalent determination by the Department, the Vendor will submit in writing
(via U.S. Mail or courier service) to the Contact Person, Section 3.1, a request for approval as an
Approved Equivalent by the Requests for Approved Equivalents Due Date and Time from the Timeline,
Section 1.2. The Request for Approved Equivalent must contain the following:
1. the requested Manufacturer / Brand Name;
2. the applicable Commodity Group(s);
3. a brief description of how the Vendor believes the requested Manufacturer / Brand Name’s
Commodities and / or contractual services meet or exceed listed Manufacturer / Brand Name’s
Commodities and / or contractual services and the solicitation’s requirements, specifications,
terms, and conditions;
18
4. supporting documentation, which demonstrates the comparability of the requested Manufacturer
/ Brand Name’s Commodities and / or contractual services to the other listed Manufacturer /
Brand Name’s Commodities and / or contractual services, including:
a. applicable Manufacturer’s literature, documentation, specifications, test data, etc.; and
b. any additional documentation demonstrating to the Department the comparability of the
requested Manufacturer / Brand Name’s Commodities and / or contractual services.
c. Note:
i. All supporting documentation shall be individually labeled with the applicable
Commodity Group or Section Number.
ii. The Department. at its sole discretion, reserves the ricrht to consider
Manufacturer’s literature or information that is in the possession of the
Department or readilv accessible bv the Department. if the literature or
information supersedes the Manufacturer’s literature or information submitted bv
the Vendor.
5. acceptable documentation that the requesting Vendor is an authorized Construction, Industrial,
Agricultural, & Lawn Equipment Manufacturer or Dealer and capable of providing Commodities
or contractual services to meet or exceed the complete requirements, specifications, terms, and
conditions, and not just supply aftermarket options or third-party services;
6. the outer packaging of the request shall clearly state: Solicitation Number; Title, Request for
Approved Equivalents (ITB No. 03-760-000-S; Construction, Industrial, Agricultural, & Lawn
Equipment: Request for Approved Equivalents), and the Requests for Approved Equivalents
Due Date and Time from the Timeline in Section 1.2 of the solicitation; and
7. multiple requests may be contained in one package, but each request must be documented and
labeled independently and clearly.
Failure to Drovide all reauired information with the Reauest for ADDroved Eauivalent bv the date
and time specified on the Timeline will result in reiection of the request.
As time is of the essence, should the Department receive Requests for Approved Equivalents that are
either significant in number or in complexity, the Department in its sole discretion may prioritize the
requests for evaluation purposes. The Department will make every reasonable effort to review
Requests for Approved Equivalents in the time available, but not all requests may be evaluated.
Requests for Approved Equivalents that are not evaluated by the Department will not be approved.
The Department shall determine in its sole discretion whether a request for an Approved Equivalent is
compliant and complete, and whether the Manufacturer / Brand Name, Commodity, or contractual
service requested is acceptable as an Approved Equivalent. Any determinations by the Department will
be provided in the Post Responses to Vendor Requests for Approved Equivalents and Questions reply,
as provided in the Timeline, Section 1.2. Approved Equivalent determinations will not be given by any
other method. If the Department approves a requested Manufacturer / Brand Name, Commodity, or
contractual service as an Approved Equivalent, the Department will amend the solicitation documents
to list the approved Manufacturer / Brand Name, Commodity, or contractual service in the location(s)
where the Department determines is the best fit.
The Respondent may offer only Manufacturer / Brand Names, Commodities, or contractual services
that meet or exceed the solicitation’s requirements, specifications, terms, and conditions, and which are
listed as Manufacturer / Brand Names, Commodities, or contractual services. Should a Respondent
submit a Response containing a Manufacturer / Brand Name, Commodity, or contractual service that
does not meet or exceed the solicitation’s requirements, specifications, terms, and conditions, or is not
listed as a Manufacturer / Brand Name, Commodity, or contractual service in the applicable solicitation
documents, the offer for the individual non-compliant or non-listed Manufacturer / Brand Name,
Commodity, or contractual service will be disqualified as non-responsive.
This Section, 3.8, supersedes and replaces Section 2.1 0, Manufacturer’s Name and Approved
Equivalents.
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3.9 Submittal of Response
3.9.1 Submittal of Offer
Respondents will submit their offers via the MyFloridaMarketPlace Sourcing Tool
(httDs://sourcina.mvtloridamarketDlace.com/). The Response shall include all appropriate pricing,
discounts, documents, forms, files, question responses, and information responses located within
the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing,
discounts, documents, forms, files, question responses, and information responses will be entered
electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. If no
indication for submission is provided for required or requested documents or files, or if instructions
to mail a specific document, form, or file are provided, then those specific documents, forms, or files
only shall be mailed to the attention of the Contact Person in Section 3.1 of the solicitation.
The outer packaging of mailed documents shall clearly state: Solicitation Title, Number (ITB No.
03-760-000-S; Construction, Industrial, Agricultural, & Lawn Equipment), and the Solicitation
Responses Due Date and Time from the Timeline in Section 1.2 of the solicitation. Failure to
provide all reauired information within the solicitation Response shall result in reiection of
the Response.
In the event the Respondent submits more than one Response in the MyFloridaMarketPlace
Sourcing Tool, only the last Response received by the system shall be considered for award.
Previous Responses will not be visible to the State of Florida. Responses (other than document,
file, or form submissions indicated by the solicitation to be mailed) not submitted within the
MyFloridaMarketPlace Sourcing Tool shall be rejected. The system will require Respondents to
review the Solicitation Preparation Checklist (Section 7.2) and confirm that they have completed all
required activities before receiving the offer. The Solicitation Preparation Checklist does not relieve
the Respondent of responsibility for ensuring that all requirements of the solicitation are included
with the solicitation Response. The Solicitation Preparation Checklist does not have to be provided
with the Response.
Each Respondent is responsible for ensuring that their offer is accurately and completely submitted
before the Solicitation Responses Due Date and Time noted on the Timeline in Section 1.2 of the
solicitation. The Department shall not consider late offers and the System will NOT accept offers
after the Solicitation Responses Due Date and Time specified in the Timeline. The ResDonse
must be accurate, complete. and submitted in the MvFloridaMarketplace Sourcina Tool. or
as otherwise provided in the solicitation documents, by the date and time specified on the
Timeline or the Response shall be deemed non-responsive.
3.9.2 Price Sheet & Ordering Instructions Responses
Price Sheet & Ordering Instructions Responses will be submitted in the locations and formats
provided in the Price Sheet & Ordering Instructions, Section 7.1, as described and / or referenced
within this Section, 3.9.2.
The Price Sheet & Ordering Instructions, Section 7.1, is contained within a separate Microsoft
ExcelTM workbook. There are two (2) individual spreadsheet tabs within the Price Sheet & Ordering
Instructions: one (1) Price Sheet tab (per this Section 3.9.2) and one (1) Ordering Instructions Form
tab (per Sections 3.9.8, Ordering Instructions, and 5.5, Ordering Instructions Information). The
Price Sheet tab contains twenty-four (24) Commodity Groups, each with individual lines (rows) for
each related Manufacturer / Brand Name (listed in alphabetical order) and its associated fields:
Line No.; Manufacturer / Brand Name; Organization Name; Base Equipment MSRP Discount [##.##%I; OEM Options, Accessories, & Implements MSRP Discount [##.##%I; OEM Parts MSRP
Discount [##.##YO]; and MSRP List [Include: MSRP List Name, MSRP List Date, and MSRP List
20
Pages / Sections]. Information regarding the Ordering Instructions and their submission can be
found in Sections 3.9.8, Ordering Instructions, and 5.5, Ordering Instructions Information.
Respondents are encouraged to respond for as many of the provided Commodity Groups and
Manufacturer / Brand Names (with their associated fields) as they may choose to offer, but for each
Commodity Group and Manufacturer / Brand Name offered, all related information must be supplied
and submitted in the appropriate fields, provided locations, and formats required on the Price Sheet
& Ordering Instructions, Section 7.1. Unless specifically noted as optional, the Respondent must
complete the following fields for each Commodity Group and Manufacturer / Brand Name offered in
the Section 7.1, Price Sheet & Ordering Instructions, Price Sheet tab:
Organization Name;
Base Equipment MSRP Discount [##.##%I;
OEM Options, Accessories, & Implements MSRP Discount [##.##%I (Except Group No. 15);
OEM Parts MSRP Discount [##.##%I (Optional); and
MSRP List [Include MSRP List Name, MSRP List Date, and MSRP List Pages / Sections].
Note: See Section 3.9.5, Supporting Documents, MSRP List for additional information.
The light-yellow colored spaces (cells) on the Price Sheet & Ordering Instructions, Section 7.1, are
the places where the Respondent may offer specific Base Equipment MSRP Discounts; OEM
Options, Accessories, & Implements MSRP Discounts; and OEM Parts Discounts and is required to
supply accurate, compliant, and comDlete information per the requirements, specifications, terms, and conditions herein. These light-yellow colored spaces (cells) on the Price Sheet & Ordering
Instructions may contain bracketed notes providing instructions and requirements to assist the
Respondent in providing the required information in the required format. Where provided, the
Respondent shall follow the instructions and formats noted in any bracketed instructions for all
Commodity Groups and Manufacturer / Brand Names offered.
Should a Respondent not offer a specific Commodity Group or Manufacturer / Brand Name, they
shall leave the associated line (row), space(s), and field(s) untouched or blank (do not delete the
line (row)); it is not required to mark a line as “No Bid”. Where a Commodity Group and
Manufacturer / Brand Name is offered, the Respondent must offer the associated Base Equipment
MSRP Discount and OEM Options, Accessories, & Implements MSRP Discount along with
supplying the applicable MSRP List information. The Respondent is not required, but is
encouraged to offer the associated OEM Parts Discount. Offers for Base Eauipment Discounts
without an offer for the associated OEM Options, Accessories, & Implements MSRP
Discounts will be reiected as non-responsive. Offers for OEM Options, Accessories, &
Implements MSRP Discounts and I or OEM Parts MSRP Discounts without an offer for the
associated Base Equipment Discounts will be reiected as non-responsive. Offers not
includinq the applicable MSRP List information will be reiected as non-responsive.
All Prices will be in U.S. Dollars, whole ($USD; e.g., $999.999); all Discounts shall be a positive
Percentage to the one-hundredth decimal place (%; e.g., 99.99%); and all Dates will be in full
standard numerical format (e.g., #/#/##/W). The Respondent agrees and confirms that the prices
(net after discount, as applicable) offered do not exceed the MSRP for the respective Commodity.
The Respondent may offer only Commodities that meet or exceed the solicitation’s requirements,
specifications, terms, and conditions, and for which the Commodity Group and Manufacturer /
Brand Name is listed in the Price Sheet & Ordering Instructions (Section 7.1). Should a
Respondent submit a Response containing a Commodity that does not meet or exceed the
solicitation’s requirements, specifications, terms, and conditions, and for which the Commodity
Group and Manufacturer / Brand Name is not listed in the Price Sheet & Ordering Instructions, that
offer will be disqualified as non-responsive. The Department in its sole discretion shall determine
the acceptability of a Manufacturer / Brand Name and Commodity offered.
The Price Sheet & Ordering Instructions, Section 7.1, will be submitted to the Department
electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the solicitation.
21
Failure to properlv submit or provide a compliant Section 7.1. Price Sheet & Ordering
Instructions. with the Response shall result in the Respondent beinq deemed non-
responsive.
3.9.3 Alternate Responses
Respondent may not submit more than one offer for each listed Manufacturer / Brand Name per
Commodity Group. The Department seeks each Respondent‘s single-best Response by
Manufacturer / Brand Name per Commodity Group.
3.9.4 Full-Service Repair Facilities
Respondent must offer Commodities and contractual services having a minimum of one (1)
Manufacturer’s authorized Full-Service Repair Facility available in the State of Florida from which
the Commodities offered may be installed, serviced, and repaired under Warranty and the
requirements, specifications, terms, and conditions of the Contract, if awarded. Provision of a
Manufacturer’s authorized Full-Service Repair Facility shall be a requirement for the entire Period of
Agreement, Section 5.2. Respondent shall submit with their Response an answer in the
MyFloridaMarketPlace Sourcing Tool RFX Info section of the solicitation attesting to this
requirement. A positive, “Yes”, answer is one requirement of a responsive Response.
3.9.5 Supporting Documents
Respondent shall submit the following Supporting Documents with their Response, as noted:
MSRP List: With the Response, Respondent shall provide one (1) applicable, current,
complete, and separate MSRP List (as defined under Section 3.3(n)) for each
Commodity Group and Manufacturer / Brand Name offered under Section 7.1, Price
Sheet & Ordering Instructions. Therefore, multiple MSRP Lists may be required (e.g., by
Commodity Group and Manufacturer / Brand Name).
The MSRP List will include the Manufacturer’s Item Number, Manufacturer’s Item
Description, and MSRP for only and each of the Manufacturer / Brand Name and
Commodity Group’s applicable Base Equipment; OEM Options, Accessories, &
Implements; and OEM Parts offered. The MSRP List must include the applicable
Commodity Group, Manufacturer / Brand Name, MSRP List Name, and MSRP List Date
on the cover or first page.
The submitted MSRP List(s) shall only be submitted and accepted as follows:
o MSRP List specific terms and conditions which conflict with the requirements,
specifications, terms, and conditions of the solicitation and resulting Contract, if
awarded, must be deleted, omitted, removed, concealed, or marked void;
o In Adobe Acrobat 9 or earlier (.pd9 electronic format (encoded or scanned) with
logical electronic filenames, and
o On CD(s) or DVD(s) [clearly mark the exterior of each CD or DVD for its general
content].
o Note: It is the Respondent‘s responsibility to ensure that the documents and
discs are applicable, complete, and readable. Non-compliant or non-readable
documents and discs will be rejected.
The Supporting Documents shall be mailed to the DeDartment Der Section 3.9.1 of the solicitation.
Failure. to provide accurate and compliant Supportina Documents with the Response will
result in the Respondent beina deemed non-responsive.
22
3.9.6 Manufacturer’s Certification
Respondent shall submit one (1) completed Manufacturer’s Certification form (Section 7.3),
certifying that the Respondent is the Manufacturer or a Dealer for each Manufacturer / Brand Name
they offer Commodities for as part of their Response. The Manufacturer’s Certification form must
be executed by the Manufacturer only and may not be completed by a Dealer or third-party. Dealer
agreements will not be accepted in lieu of a Manufacturer’s Certification form. The Manufacturer’s
Certification form shall be mailed to the Department per Section 3.9.1 of the solicitation. Failure to
provide a complete and compliant Manufacturer’s Certification form with the Response will
result in the Respondent beinu deemed non-responsive.
3.9.7 Savings I Price Reductions
Respondent shall submit one (1) accurately completed Savings / Price Reductions form (Section
7.4) with their Response containing the required aggregate Base Equipment MSRP Discount; OEM
Options, Accessories, & Implements MSRP Discount; and OEM Parts Discount savings information
for each Commodity Group and Manufacturer / Brand Name offered and a method(s) for the
Department to verify the savings information provided. The Savings / Price Reductions form will not
be used to determine award, only to verify the Savings / Price Reductions being offered. The
Savings / Price Reductions form shall be mailed to the Department per Section 3.9.1 of the
solicitation. Failure to provide the Savinus I Price Reductions form with the Response may
result in the Respondent beinu deemed non-responsive.
3.9.8 Ordering Instructions
Respondent shall submit one (1) completed Ordering Instructions Form (contained within Section
7.1, Price Sheet & Ordering Instructions) with their Response identifying persons responsible for
answering questions about the Response and administering the Contract, if awarded, and shall
provide information necessary for placing orders and remitting payments under the Contract, if
awarded. Additional Ordering Instruction requirements, terms, and conditions can be found in
Section 5.5, Ordering Instructions Information. The Ordering Instructions Form will be submitted
with Section 7.1, Price Sheet & Ordering Instructions, to the Department electronically using the
MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the solicitation. Failure to provide the
Ordering Instructions Form with the Response may result in the Respondent beinu deemed
non-responsive.
3.10 Evaluation Criteria
The Department shall evaluate eligible responsive offers. Responses that do not meet all requirements
of the solicitation or fail to provide all required information, documents, or materials may be rejected as
non-responsive. Respondents whose Responses, past performance, or current status do not reflect
the capability, integrity, or reliability to fully and in good faith perform the requirements of a Contract
may be rejected as non-responsible. The Department reserves the right to determine which
Responses meet the requirements, specifications, terms, and conditions of the solicitation, and which
Respondents are responsive and responsible.
3.1 1 Basis for Award
The Department shall make a single award statewide for each Manufacturer / Brand Name (Line
Number) per Commodity Group to the responsive and responsible Respondent offering the highest
Base Equipment MSRP Discount from the most recent and complete MSRP List (therefore providing
the lowest Net Prices). Therefore, multiple Manufacturer / Brand Name awards per Commodity Code
group are possible.
23
The Department reserves the right to make awards as determined to be in the best interest of the State
of Florida, and to accept or reject any and all offers, or separable portions, and to waive any minor
irregularity, technicality, or omission if the Department determines that doing so will serve the State of
Florida’s best interest.
3.12 State Objectives
Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent
shall submit plans addressing each of the State’s five (5) objectives listed below, to the extent
applicable to the items / services covered by this solicitation.
3.12.1 Diversity
The State of Florida is committed to supporting its diverse business industry and population through
ensuring participation by minority-, women-, and service-disabled veteran business enterprises in
the economic life of the State. The State of Florida Mentor Protege Program connects minority-,
women-, and service-disabled veteran business enterprises with private corporations for business
development mentoring. We strongly encourage firms doing business with the State of Florida to
consider this initiative. For more information on the Mentor Protege Program, please contact the
Office of Supplier Diversity at (850) 487-091 5.
The State is dedicated to fostering the continued development and economic growth of small,
minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse
group of Vendors doing business with the State is central to this effort. To this end, it is vital that
small, minority-, women-, and service-disabled veteran business enterprises participate in the
State’s procurement process as both Contractors and Sub-Contractors in this solicitation. Small,
minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to
contribute to this solicitation.
The Contractor shall submit documentation addressing diversity and describing the efforts being
made to encourage the participation of small, minority-, women-, and service-disabled veteran
business enterprises.
Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled
Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:
http://dms.mvflorida.com/other woarams/office of sumlier diversitv osd/.
Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents or
Sub-Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the
Prime Contractor on an Agency by Agency (or other Eligible User) level.
3.1 2.2 Environmental Considerations
The State supports and encourages initiatives to protect and preserve our environment. The
Contractor shall submit as part of any response the Contractor’s plan to support the procurement of
products and materials with recycled content, and the intent of Section 287.045, Florida Statutes.
The Contractor shall also provide a plan for reducing and or handling of any hazardous waste
generated by Contractor’s company. Reference Rule 62-730.160, Florida Administrative Code. It
is a requirement of the Florida Department of Environmental Protection that a generator of
hazardous waste materials that exceeds a certain threshold must have a valid and current
Hazardous Waste Generator Identification Number. This identification number shall be submitted
as part of Contractor’s explanation of its company’s hazardous waste plan and shall explain in detail
its handling and disposal of this waste.
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3.12.3 Certification of Drug-Free Workplace Program
The State supports and encourages initiatives to keep the workplaces of Florida’s Suppliers and
Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie
responses are received, one preference shall be given to a response received from a Respondent
that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall
certify that the Respondent has a drug-free workplace program using the Certification of Drug-Free
Workplace form included in Section 7.6 of the solicitation. The Contractor shall describe how it will
address the implementation of a drug free workplace in offering the items of the solicitation.
3.12.4 Products Available from the Blind or Other Handicapped (RESPECT)
The State supports and encourages the gainful employment of citizens with disabilities. It is
expressly understood and agreed that any articles that are the subject of, or required to carry out,
this Contract shall be purchased from a nonprofit agency for the blind or for the severely
handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and
under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for
purposes of this Contract the person, firm, or other business entity carrying out the provisions of this
Contract shall be deemed to be substituted for the state agency insofar as dealings with such
qualified nonprofit agency are concerned. Additional information about the designated nonprofit
agency and the products it offers is available at httD://www.resDectofflorida.orq.
The Contractor shall describe how it will address the use of RESPECT in offering the items of the
solicitation.
3.12.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
The State supports and encourages the use of Florida correctional work programs. It is expressly
understood and agreed that any articles which are the subject of, or required to carry out, this
Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same
manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for
purposes of this contract the person, firm, or other business entity carrying out the provisions of this
Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation
are concerned. Additional information about PRIDE and the products it offers is available at
httD://www.Dridefl.com.
The Contractor shall describe how it will address the use of PRIDE in offering the items of the
solicitation.
3.13 Lobbying
Please reference Section 2.21, Limitation on Vendor Contact with Agency During Solicitation Period.
Respondents are advised that the following will be included in the Contract for these services: In
accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not
expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive
branch, or any State Agency.
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SECTION 4.0
GENERAL CONTRACT CONDITIONS rPURl000 (1 OlO6)J
CONTENTS:
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.1 1
4.12
4.1 3
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32
4.33
4.34
4.35
4.36
4.37
4.38
4.39
4.40
4.41
4.42
4.43
4.44
4.45
4.46
4.47
DEFINITIONS.
PURCHASE ORDERS.
PRODUCT VERSION.
PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS.
ADDITIONAL QUANTITIES.
PACKAGING.
SAFETY STANDARDS.
LITERATURE.
INSTALLATION.
R~SK OF LOSS.
TRANSACTION FEE.
INSPECTION AT CONTRACTOR’S SITE.
AMERICANS WITH DISABILITIES ACT.
TRANSPORTATION AND DELIVERY.
INVOICING AND PAYMENT.
TAXES.
GOVERNMENTAL RESTRICTIONS.
LOBBYING AND INTEGRITY.
INDEMNIFICATION.
LIMITATION OF LIABILITY.
SUSPENSION OF WORK.
TERMINATION FOR CONVENIENCE.
TERMINATION FOR CAUSE.
FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY.
CHANGES.
RENEWAL.
PURCHASE ORDER DURATION.
ADVERTISING.
ASSIGNMENT.
ANTITRUST ASSIGNMENT.
DISPUTE RESOLUTION.
EMPLOYEES, SUBCONTRACTORS, AND AGENTS.
SECURITY AND CONFIDENTIALITY.
CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS.
WARRANTY OF AUTHORITY.
INSURANCE REQUIREMENTS.
WARRANTY OF ABILITY TO PERFORM.
NOTICES.
LEASES AND INSTALLMENT PURCHASES.
PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE).
PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED.
MODIFICATION OF TERMS.
COOPERATIVE PURCHASING.
WAIVER.
ANNUAL APPROPRIATIONS.
SEVERABILITY.
EXECUTION IN COUNTERPARTS.
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4.1 Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following
additional terms are also defined:
(a) “Contract” means the legally enforceable agreement that results from a successful solicitation. The parties
to the Contract will be the Customer and Contractor.
(b) “Customer” means the State agency or other entity identified in a contract as the party to receive
commodities or contractual services pursuant to a contract or that orders commodities or contractual services
via purchase order or other contractual instrument from the Contractor under the Contract. The “Customer”
may also be the “Buyer” as defined in the PUR 1001 if it meets the definition of both terms.
(c) “Product” means any deliverable under the Contract, which may include commodities, services, technology
or software.
(d) “Purchase order” means the form or format a Customer uses to make a purchase under the Contract (e.g.,
a formal written purchase order, electronic purchase order, procurement card, contract or other authorized
means).
4.2 Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase
order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All
purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with
the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and
conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor’s order form,
confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A
purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to
incorporate by reference the requirements of subparagraphs (a) through (9 thereof. Customers shall designate
a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the
Florida Statutes.
4.3 Product Version. Purchase orders shall be deemed to reference a manufacturer’s most recently release
model or version of the product at the time of the order, unless the Customer specifically requests in writing an
earlier model or version and the contractor is willing to provide such model or version.
4.4 Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services,
the following provisions apply.
(a) Quantitv Discounts. Contractors are urged to offer additional discounts for one time delivery of large single
orders. Customers should seek to negotiate additional price concessions on quantity purchases of any
products offered under the Contract. State Customers shall document their files accordingly.
(b) Best Pricina Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the
Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the
same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall
be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in
market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser
period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting
and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall
provide conspicuous notice of the promotion.
(d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall
be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair
market value when trading equipment, and to keep accurate records of the process. For State agencies, it
27
may be necessary to provide documentation to the Department of Financial Services and to the agency
property custodian pursuant to Chapter 273, F.S.
(e) Eauitable Adiustment. The Customer may, in its sole discretion, make an equitable adjustment in the
Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in
the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes
wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or industry, not just the
particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the
volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.
4.5 Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the
Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not
to exceed the threshold for Category Two at the prices submitted in the response to the solicitation.
4.6 Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in
appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra
charge for packing materials, cases, or other types of containers. All containers and packaging shall become
and remain Customer’s property.
4.7 Inspection at Contractor’s Site. The Customer reserves the right to inspect, at any reasonable time with
prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with
Contract requirements and to determine whether they are adequate and suitable for proper and effective
Contract performance.
4.8 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure,
operation by connection to an electric source, or operation involving connection to a manufactured, natural, or
LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector.
Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard
organization, where such approvals of listings have been established for the type of device offered and
furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters
Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies; and the
American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all
applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating
to clean air and water pollution.
4.9 Americans with Disabilities Act. Contractors should identify any products that may be used or adapted
for use by visually, hearing, or other physically impaired individuals.
4.10 Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered,
for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
4.1 1 Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution,
and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after
the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify
the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for
Contract cancellation and Contractor suspension.
4.12 Installation. Where installation is required, Contractor shall be responsible for placing and installing the
product in the required locations at no additional charge, unless otherwise designated on the Contract or
purchase order. Contractor’s authorized product and price list shall clearly and separately identify any
additional installation charges. All materials used in the installation shall be of good quality and shall be free of
defects that would diminish the appearance of the product or render it structurally or operationally unsound.
Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the
product in the proper location. Contractor shall protect the site from damage and shall repair damages or
injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling,
28
excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to
its original condition. Contractor shall perform installation work so as to cause the least inconvenience and
interference with Customers and with proper consideration of others on site. Upon completion of the
installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed
condition, with everything in satisfactory repair and order.
4.13 Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance,
risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing,
processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer
shall: record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading; report
damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of Lading
and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the
premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or
non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor
within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to
dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in
storing or effecting removal or disposition of rejected product.
4.14 Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eprocurement
System (“System”). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed
a Transaction Fee of one percent (1 .O%), which the Contractor shall pay to the State, unless exempt pursuant
to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when
possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the
Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports
and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be
subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if
such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding
the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the
Contractor‘s failure to perform or comply with specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and
recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS
DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE
DEPARTMENT OF MANAGEMENT SERVICES’ VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C.
4.15 Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if
applicable, and the appropriate vendor identification number. The State may require any other information
from the Contractor that the State deems necessary to verify any purchase order placed under the Contract.
At the State’s option, Contractors may be required to invoice electronically pursuant to guidelines of the
Department of Management Services. Current guidelines require that Contractor supply electronic invoices in
lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be
submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms -
ED1 810, cXML, or web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which
govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation
errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire
about the status of payments by State Agencies. The Customer is responsible for all payments under the
Contract. A Customer’s failure to pay, or delay in payment, shall not constitute a breach of the Contract and
shall not relieve the Contractor of its obligations to the Department or to other Customers.
29
4.16 Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal
property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied
on employees’ wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the
special contract conditions section of the solicitation or in the Contract or purchase order.
4.1 7 Governmental Restrictions. If the Contractor believes that any governmental restrictions have been
imposed that require alteration of the material, quality, workmanship or performance of the products offered
under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific
restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to
cancel the Contract at no further expense to the Customer.
4.18 Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section
216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly
or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State
officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a
known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction
or request of, any State officer or employee. For purposes of clause (2), “gratuity” means any payment of
more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of
the Customer’s Inspector General, or other authorized State official, the Contractor shall provide any type of
information the Inspector General deems relevant to the Contractor’s integrity or responsibility. Such
information may include, but shall not be limited to, the Contractor’s business or financial records, documents,
or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for
the longer of (1) three years after the expiration of the Contract or (2) the period required by the General
Records Schedules maintained by the Florida Department of State (available at:
httD://dlis.dos.state.fl.us/barm/clenschedules/~ensched. htm). The Contractor agrees to reimburse the State for
the reasonable costs of investigation incurred by the Inspector General or other authorized State official for
investigations of the Contractor’s compliance with the terms of this or any other agreement between the
Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall
include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses;
and expert witness and documentary fees. The Contractor shall not be responsible for any costs of
investigations that do not result in the Contractor’s suspension or debarment.
4.19 Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their
officers, agents, and employees, from suits, actions, damages, and costs of every name and description,
including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or
subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or
damages proximately caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any
suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or
relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right,
provided, however, that the foregoing obligation shall not apply to a Customer’s misuse or modification of
Contractor’s products or a Customer’s operation or use of Contractor’s products in a manner not contemplated
by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the
Contractor’s opinion is likely to become the subject of such a suit, the Contractor may at its sole expense
procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the
Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the
product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for any royalties.
30
The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are
contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened
action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and
(3) assistance in defending the action at Contractor’s sole expense. The Contractor shall not be liable for any
cost, expense, or compromise incurred or made by the State or Customer in any legal action without the
Contractor’s prior written consent, which shall not be unreasonably withheld.
4.20 Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and
regardless of the basis on which the claim is made, the Contractor’s liability under a contract or purchase order
for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase
order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not
apply to claims arising under the Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to
another for special, indirect, punitive, or consequential damages, including lost data or records (unless the
contract or purchase order requires the Contractor to back-up data or records), even if the party has been
advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost
institutional operating savings. The State and Customer may, in addition to other remedies available to them
at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be
necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The
State may set off any liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
4.21 Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the
Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall
provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for
suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such
circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the
Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or
(2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any
additional compensation.
4.22 Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the
Contract in whole or in part when the Customer determines in its sole discretion that it is in the State’s interest
to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as
necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to
recover any cancellation charges or lost profits.
4.23 Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver
the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus
endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory,
regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of
default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors
at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises
from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure
to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely
beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either,
the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products
were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.
If, after termination, it is determined that the Contractor was not in default, or that the default was excusable,
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any
other rights and remedies provided by law or under the Contract.
31
4.24 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible
for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its
employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public
enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor.
In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (IO) days after the cause
that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could
occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor
first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for
an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an
increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency,
arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is
suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer
determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or
to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the
Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products
subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the products that are the subject of the delay, which
purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.
4.25 Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or
deducting from the Contract specifications, provided that such changes are within the general scope of the
Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change
affects the cost or time of performance. Such equitable adjustments require the written consent of the
Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer
may solicit separate bids to satisfy them.
4.26 Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole
or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any
renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing
and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to
availability of funds.
4.27 Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be
received by the Contractor no later than close of business on the last day of the contract's term to be
considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and
conditions. Purchase orders received by the contractor after close of business on the last day of the state term
or agency contract's term shall be considered void.
Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid
through the performance by the Contractor, and all terms and conditions of the state term or agency contract
shall apply to the single delivery/performance, and shall survive the termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted
schedule even when such extended delivery will occur after expiration of the state term or agency contract.
For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order
specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the
Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office
within ten (IO) calendar days of receipt of the purchase order that Contractor will not accept the extended
delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended
32
in writing by the ordering entity within ten (IO) calendar days of receipt of the contractor’s notice to reflect the
state term contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of services shall not
exceed the expiration of the state term or agency contract by more than twelve months. However, if an
extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the
contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting
such pricing plans and renewals.
Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all
terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as
provided herein, and shall survive the termination of the Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the
underlying contract expires prior to the effective date of the renewal.
4.28 Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any
information concerning the Contract without prior written approval from the Customer, including, but not limited
to mentioning the Contract in a press release or other promotional material, identifying the Customer or the
State as a reference, or otherwise linking the Contractor’s name and either a description of the Contract or the
name of the State or the Customer in any material published, either in print or electronically, to any entity that
is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service
representative.
4.29 Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under
the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of
the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the
contract, unless the Customer expressly waives such secondary liability. The Customer may assign the
Contract with prior written notice to Contractor of its intent to do so.
4.30 Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic
practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida.
Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to
goods, materials or services purchased in connection with the Contract.
4.31 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the
Customer’s designated contract manager, who shall reduce the decision to writing and serve a copy on the
Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of
receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer’s decision
on the petition shall be final, subject to the Contractor’s right to review pursuant to Chapter 120 of the Florida
Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor’s ability
to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative
dispute resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates
to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law
shall apply and the parties waive any right to jury trial.
4.32 Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents
performing work under the Contract shall be properly trained technicians who meet or exceed any specified
training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of
qualification. All employees, subcontractors, or agents performing work under the Contract must comply with
all security and administrative requirements of the Customer and shall comply with all controlling laws and
regulations relevant to the services they are providing under the Contract. The State may conduct, and the
Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor,
33
or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any
personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in
security status, or non-compliance with a Customer's security or other requirements. Such approval shall not
relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may
reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents.
4.33 Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United
States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third
parties any confidential information obtained by the Contractor or its agents, distributors, resellers,
subcontractors, officers or employees in the course of performing Contract work, including, but not limited to,
security procedures, business operations information, or commercial proprietary information in the possession
of the State or Customer. The Contractor shall not be required to keep confidential information or material that
is publicly available through no fault of the Contractor, material that the Contractor developed independently
without relying on the State's or Customer's confidential information, or material that is otherwise obtainable
under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to
its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract.
4.34 Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all
actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees
of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees,
subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations,
and unemployment) from an employer other than the State of Florida.
4.35 Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide
commercial insurance of such a type and with such terms and limits as may be reasonably associated with the
Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor.
Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy
maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the
Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida.
4.36 Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to
do so and to bind the respective party to the Contract.
4.37 Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no
pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would
in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The
Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant
to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal
government. The Contractor shall immediately notify the Customer in writing if its ability to perform is
compromised in any manner during the term of the Contract.
4.38 Notices. All notices required under the Contract shall be delivered by certified mail, return receipt
requested, by reputable air courier service, or by personal delivery to the agency designee identified in the
original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to
the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else
is designated to receive notice.
4.39 Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section
17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase
agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes.
4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.51 5(2), F.S.
requires the following statement to be included in the solicitation: "It is expressly understood and agreed that
any articles which are the subject of, or required to carry out, the Contract shall be purchased from the
corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the
34
same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the
Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed
to be substituted for the agency insofar as dealings with such corporation are concerned." Additional
information about PRIDE and the products it offers is available at httD://www.Dridefl.com.
4.41 Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the
following statement to be included in the solicitation: "It is expressly understood and agreed that any articles
that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the
Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same
manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for
purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract
shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency
are concerned." Additional information about the designated nonprofit agency and the products it offers is
available at httD://www.resDectofflorida.orq.
4.42 Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions between the Customer and the Contractor. The
Contract may only be modified or amended upon mutual written agreement of the Customer and the
Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the
Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid
or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by
affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms,
product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or
by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the
Contractor for payment. The Customer's acceptance of product or processing of documentation on forms
furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed
modification to terms and conditions.
4.43 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the
Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein.
Non-Customer purchases are independent of the agreement between Customer and Contractor, and
Customer shall not be a party to any transaction between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the provisions of s.
287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the
requestor's use of the contract is cost-effective and in the best interest of the State.
4.44 Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract
shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall
any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of
any other right.
4.45 Annual Appropriations.
contingent upon an annual appropriation by the Legislature.
The State's performance and obligation to pay under this contract are
4.46 Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
4.47 Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be
enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other
provisions shall remain in full force and effect.
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SECTION 5.0
SPECIAL CONDITIONS
CONTENTS:
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.1 1
5.12
5.13
5.14
5.1 5
5.16
5.17
5.1 8
5.19
DEFINITIONS
CATALOG DATA
PERIOD OF AGREEMENT
INTERNET POSTING OF AUTHORIZED LISTS
ORDERING INSTRUCTIONS INFORMATION
CEILING PRICES
COMMODITY, COMMODITY GROUP, AND MANUFACTURER / BRAND NAME ADDITIONS AND DELETIONS
MSRP LIST AND PRICE ADJUSTMENT
ACQUISITION BY ELIGIBLE USERS
CONTRACT PRICE QUOTES AND SALES LITERATURE / TECHNICAL INFORMATION
PURCHASE ORDERS
PURCHASING CARD
ACKNOWLEDGEMENT OF ORDER
TRANSPORTATION AND DELIVERY
ACCEPTANCE
COMMODITIES TITLE AND REGISTRATION
CONTRACT SALES SUMMARY AND TRANSACTION FEE REPORTS
LOBBYING
COMPLIANCE WITH LAWS
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36
5.1 Definitions
The Definitions found and referenced in the General Contract Conditions [PUR1000 (10/06)], Section
4.1, and the Definitions found and referenced in Section 3.3, Definitions, shall apply to this Section 5.1,
Definitions.
5.2 Period of Agreement
The State Term Contract shall be in effect beginning on the Contract Formation date, per Section 2.17,
and end June 30, 2012. This agreement has the option to renew for one (1) additional three (3) year
period, or any portion or portions thereof. Renewal is contingent upon satisfactory performance by the
Contractor and will not be subject to pricing or discount adjustments.
5.3 Catalog Data
The MyFloridaMarketPlace (“MFMP”) third-party service provider is responsible for converting Contract
catalog information into a format supported by the system. To accomplish this conversion, the
Contractor, if requested, shall provide certain information in electronic format directly to the service
provider (Note: This format is generally Microsoft ExcelTM .).
Within ten (IO) business days of written notice from the MFMP service provider, Contractor shall
provide all information necessary to facilitate electronic purchases from this Contract. Such information
may include, but is not limited to, Contractor Name, Manufacturer / Brand Name, S,KU, Commodity
Description, unit of measure, and Contract Ceiling Price, per Section 5.6. Contractor shall provide this
information in the format required by the MFMP service provider. No costs or expenses associated
with providing this information shall be charged to the State, Department, Eligible Users, or MFMP
service provider. With the Contractor’s timely assistance, the MFMP service provider shall create and
maintain web-based placement of the requested Contract information.
5.4 Internet Posting of Authorized Lists
During the Contract Period of Agreement, Section 5.2, the Department shall maintain on the internet a
working copy of the complete Contract, including, but not limited to, the Section 7.1, Price Sheet &
Ordering Instructions, with the associated and Department approved MSRP List@). The MSRP List@) will
be provided to the Department by the Contractor in electronic format as stipulated in Section 3.9.5,
Supporting Documents, MSRP List; as required herein; and in accordance with the prices, discounts,
requirements, specifications, terms, and conditions of the Contract.
The Contractor agrees to not maintain, publish, provide, or allow discovery of competing, conflicting,
unofficial, unauthorized, or non-Department approved contract similar documents to or by Eligible Users.
However, the Contractor may manually or electronically direct Eligible Users to the Department‘s Contract
website. The Contractor shall not accept any orders using unofficial MSRP List(s) until the Department
approves the respective MSRP List(s) and publishes it / them to the Contract website as noted above.
The Department may, in its sole discretion, prohibit any update or change of the MSRP List(s), or direct
a Contractor to undo any update or change made. In addition, the Department may direct rescission of
any purchase entered into on the basis of competing, conflicting, unofficial, unauthorized, or non-
Department approved documents or lists.
5.5 Ordering Instructions Information
The Ordering Instructions are contained or referenced via a link from the individual Line No.3
Organization Name field in the Section 7.1, Price Sheet & Ordering Instructions. Click on the specific
link for the associated Ordering Instructions.
37
The Ordering Instructions contained or referenced within Section 7.1, Price Sheet & Ordering
Instructions, will contain current information relevant to the acquisition of the awarded Commodities and
/ or contractual services under the Contract. This information shall include, but not be limited to, the
Contractor’s Organization Information, the Contractor’s Representative Information, the Contractor’s
Remit-To Information, and a list of Department maintained instructions to assist Eligible Users in
placing orders under the Contract.
Should the Contractor be the Manufacturer (not a Dealer) of the Commodities and / or contractual
services awarded, they may also include specific Dealer information within the Ordering Instructions in
the provided locations. The Manufacturer as Contractor who selects to also include specific Dealer
information within the Ordering Instructions is also required to appropriately register the listed Dealers
as locations under the Contractor’s vendor registration in the State of Florida Vendor Registration
System (Vendor Information Portal (“VIP”): httDs://vendor.mvfloridamarketDlace.com/). A Dealer as
Contractor may not include other Dealer’s information in the Ordering Instructions. The Manufacturer
as Contractor is fully responsible for compliance with all the prices, discounts, requirements,
specifications, terms, and conditions of the Contract and for any actions or inactions of the Dealer(s)
they include in the Ordering Instructions.
It is the Contractor’s responsibility to notify the Department of any updates to organization information,
relevant personnel, and contact information contained in the Ordering Instructions. The Contractor
shall notify the Department of a requested change to the Ordering Instructions in writing (email is
acceptable) and received by the Contract Manager no later than five (5) business days prior to the
effective date of the proposed change. The Department may accept or reject any proposed change, or
may unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or
will best assist Eligible Users.
Please Note: Any changes to the Ordering Instructions will also require the Contractor to appropriately
update their vendor registration in the State of Florida Vendor Registration System (Vendor Information
Portal (“VIP”): https://vendor.mvfloridamarketDlace.com/).
5.6 Ceiling Prices
The individual Base Equipment Net Price (after the applicable Base Equipment MSRP Discount is
applied to the approved MSRP); OEM Option, Accessory, & Implement Net Price (after the applicable
OEM Options, Accessories, & Implements MSRP Discount is applied to the approved MSRP); and
OEM Part Net Price (after the applicable OEM Parts MSRP Discount is applied to the approved MSRP)
contained or referenced in the Section 7.1, Price Sheet & Ordering Instructions, will be the not-to-
exceed Ceiling Prices under the Contract. The Ceiling Prices for the Base Equipment; OEM Options,
Accessories, & Implements; and OEM Parts individually and collectively include (as applicable): all
profit, administrative charges / fees, environmental charges / fees, title application and registration
charges / fees, license plate transfer charges / fees, preparation charges / fees, assembly charges /
fees, installation charges / fees (except OEM Parts), shop charges / fees, warehousing charges / fees,
packing charges / fees, handling charges / fees, transit charges / fees, freight charges / fees, shipping
charges / fees, delivery charges / fees to any point within the State of Florida, fuel charges / fees,
warranty charges / fees, and any other charges or fees necessary to provide and deliver the Base
Equipment; OEM Options, Accessories, & Implements; and OEM Parts according to the requirements,
specifications, terms, and conditions, exclusive of taxes.
Where a Ceiling Price is a Base Equipment Net Price; OEM Option, Accessory, & Implement Net Price;
or OEM Part Net Price, the individual Net Prices shall be calculated by applying the applicable Base
Equipment MSRP Discount; OEM Options, Accessories, & Implements MSRP Discount; or OEM Parts
MSRP Discount from Section 7.1, Price Sheet & Ordering Instructions, to the individual Base
Equipment’s; OEM Option’s, Accessory’s, & Implement‘s; and OEM Part’s approved MSRP and
rounding to the nearest whole cent. For example, if the applicable Discount is 30.00% and the
38
individual Commodity’s MSRP is $24,447.59, then the Net Price will be $17,113.31 [$24,447.59 -
30.00% = $17,113.313 = $17,113.31 (as rounded to the nearest whole cent)].
The individual and applicable Base Equipment MSRP Discounts; OEM Options, Accessories, &
Implements MSRP Discounts; and OEM Parts Discounts listed in Section 7.1, Price Sheet & Ordering
Instructions shall be the minimum Discounts used under the Contract. The Contractor may, and is
encouraged to provide larger Discounts (e.g., lower Net Prices) for contracted and awarded
Commodities.
Eligible Users may negotiate Base Equipment Net Prices; OEM Options, Accessories, & Implements
Net Prices; and OEM Parts Net Prices for the contracted and awarded Commodities with the
Contractor, provided the negotiated prices do not exceed the Ceiling Prices for the respective Base
Equipment; OEM Option, Accessory, & Implement; and OEM Part. The Contractor is prohibited from
negotiating and charging prices that exceed the Ceiling Prices set forth or referenced in the Price Sheet
& Ordering Instructions, Section 7.1, and from invoicing or billing at prices that exceed the total ordered
(e.g., via Purchase Order or Purchasing Card, as applicable). The Ceiling Prices are only subject to
adjustments per Sections 4.4, 4.25, and 5.8, and any revision requests must have received the prior
approval of the Department.
The Ceiling Price for any Base Equipment; OEM Options, Accessories, & Implements; and OEM Parts
must not exceed the current MSRP. In the event a Ceiling Price for any Commodity is found to be
above the current MSRP, the Department, at its sole option, shall reduce the Ceiling Price to the
current MSRP less the applicable contracted Discount or terminate and remove the Contractor’s award
from the Contract.
5.7 Commodity, Commodity Group, and Manufacturer I Brand Name Additions and Deletions
During the Contract Period of Agreement, Section 5.2, the Department shall have the right to add or
delete Commodities, Commodity Groups, and / or Manufacturer / Brand Names to or from this
agreement by adding them to or removing them from the Price Sheet & Ordering Instructions, Section
7.1. Any new Commodities, Commodity Groups, and / or Manufacturer / Brand Names added will be at
the requirements, specifications, terms, and conditions herein or as later stipulated by the Department,
and at mutually agreed pricing and discounts accepted, in writing, by both the added Commodity’s,
Commodity Group’s, and / or Manufacturer / Brand Name’s Vendor(s) and the Department.
Commodities, Commodity Groups, and / or Manufacturer / Brand Names may be removed at the sole
discretion of the Department, per the requirements, specifications, terms, and conditions herein or as
permitted by Florida Statutes or Florida Administrative Code.
5.8 MSRP List and Price Adjustment
The per Commodity Group and Manufacturer / Brand Name Department authorized MSRP List will be
contained or referenced in Section 7.1, Price Sheet & Ordering Instructions. The Department
authorized MSRP List shall be based on the Section 7.1, Price Sheet & Ordering Instructions,
Commodity Group and Manufacturer / Brand Name, and in accordance with the Contract requirements,
specifications, terms, and conditions.
The Contract‘s initial MSRP List shall be based on the Section 7.1, Price Sheet & Ordering Instructions,
Commodity Group and Manufacturer / Brand Name MSRP List awarded under the Contract‘s
solicitation. The Department authorized per Commodity Group and Manufacturer / Brand Name MSRP
List for use under the Contract may be updated from time-to-time as specified herein; however, the per
Commodity Group and Manufacturer / Brand Name Base Equipment MSRP Discount; OEM Options,
Accessories, & Implements MSRP Discount; and OEM Parts MSRP Discount shall not decrease for the
length of the Contract, during both the original and any renewal term(s) of the Contract. At any time
during the Contract, during both the original and any renewal term(s) of the Contract, the Contractor
may request an increase of the per Commodity Group and Manufacturer / Brand Name Base
39
Equipment MSRP Discount; OEM Options, Accessories, & Implements MSRP Discount; and OEM
Parts MSRP Discount. The Department may, in its sole discretion, accept or deny any requested per
Commodity Group and Manufacturer / Brand Name Base Equipment MSRP Discount; OEM Options,
Accessories, & Implements MSRP Discount; and OEM Parts MSRP Discount increases. If a per
Commodity Group and Manufacturer / Brand Name Base Equipment MSRP Discount; OEM Options,
Accessories, & Implements MSRP Discount; and OEM Parts MSRP Discount increase request is
approved by the Department, it shall not become effective for new orders placed by Eligible Users until
the Department approved effective date and posting by the Department. Any Department approved
updates to the MSRP List, if Department approved, shall be based on the Section 7.1, Price Sheet &
Ordering Instructions, Commodity Group and Manufacturer / Brand Name, and in accordance with the
Contract requirements, specifications, terms, and conditions.
During the Contract Period of Agreement, Section 5.2, including any renewal term(s), after the first
twelve (12) months following the start of the Contract term, and no more often than one (1) time per
calendar year, the Contractor may request to use an updated per Commodity Group and Manufacturer /
Brand Name MSRP List for use under the Contract. The Contractor shall advise the Department of a
request for a per Commodity Group and Manufacturer / Brand Name MSRP List update in writing
(email is acceptable) and received by the Contract Manager no later than sixty (60) days prior to the
requested effective date of the proposed update. However, the Department will not consider a per
Commodity Group and Manufacturer / Brand Name MSRP List update request received by the Contract
Manager within one hundred fifty (150) days of Contract termination, including any renewal term(s).
The Contractor fully agrees that any per Commodity Group and Manufacturer / Brand Name MSRP List
update request must:
include a detailed request letter identifying the requested per Commodity Group and
Manufacturer / Brand Name MSRP List information to be used in the Section 7.1, Price Sheet &
Ordering Instructions, per Commodity Group and Manufacturer / Brand Name [Include MSRP
List Name, MSRP List Date, and MSRP List Pages / Sections ] field;
be from the most current per Commodity Group and Manufacturer / Brand Name MSRP List
publicly listed and verifiable at the time of the requested MSRP List update;
include the applicable requested per Commodity Group and Manufacturer / Brand Name MSRP
List in accordance with Section 3.9.5, Supporting Documents, MSRP List;
fully offer, provide, and demonstrate through a separate electronic analysis document that the
per common Commodity (those specific Commodities currently on the pre-existing per
Commodity Group and Manufacturer / Brand Name MSRP List and the requested per
Commodity Group and Manufacturer / Brand Name MSRP List update) difference in the pre-
existing MSRP and requested MSRP update does not exceed the resulting percent change in
the latest version of the U.S. Department of Labor, Producer Price Index (“PPI”) for Series ID:
o for Commodity Group Nos. 1 and 8: WPUl12D03; Not Seasonally Adjusted; Group:
Machinery and equipment; Item: Graders, rollers, compactors, forklifts; Base Date:
0312; from the Base Month (Contract Formation Date, Section 2.17, or last approved
MSRP List update date, whichever is later) to the latest month for which non-preliminary
data is available at the time of the requested MSRP List update;
o for Commodity Group No. 2: WPUl12B05; Not Seasonally Adjusted; Group: Machinery
and equipment; Item: Power cranes, excavators & equipment; Base Date: 9912; from
the Base Month (Contract Formation Date, Section 2.17, or last approved MSRP List
update date, whichever is later) to the latest month for which non-preliminary data is
available at the time of the requested MSRP List update;
o for Commodity Group Nos. 3, 7, 9, 10, and 11: WPUl14403; Not Seasonally Adjusted;
Group: Machinery and equipment; Item: Industrial trucks and tractors; Base Date:
8200; from the Base Month (Contract Formation Date, Section 2.17, or last approved
MSRP List update date, whichever is later) to the latest month for which non-preliminary
data is available at the time of the requested MSRP List update;
o for Commodity Group Nos. 4, 5, and 6: WPUl14A04; Not Seasonally Adjusted; Group:
Machinery and equipment; Item: Tractor shovel loaders; Base Date: 8200; from the
Base Month (Contract Formation Date, Section 2.17, or last approved MSRP List update
40
date, whichever is later) to the latest month for which non-preliminary data is available at
the time of the requested MSRP List update;
o for Commodity Group Nos. 12, 13, and 14: WPU149111; Not Seasonally Adjusted;
Group: Transportation equipment; Item: Transportation equipment, n.e.c.; Base Date:
198506; from the Base Month (Contract Formation Date, Section 2.17, or last approved
MSRP List update date, whichever is later) to the latest month for which non-preliminary
data is available at the time of the requested MSRP List update;
o for Commodity Group No. 15: WPUl11408; Not Seasonally Adjusted; Group:
Machinery and equipment; Item: Farm machinery and equipment, nec excl parts; Base
Date: 0212; from the Base Month (Contract Formation Date, Section 2.17, or last
approved MSRP List update date, whichever is later) to the latest month for which non-
preliminary data is available at the time of the requested MSRP List update;
o for Commodity Group Nos. 16, 17, 18, 19, 20, 21, 22, 23, and 24: WPU111401; Not
Seasonally Adjusted; Group: Machinery and equipment; Item: Commercial turf &
grounds care equipment; Base Date: 200212; from the Base Month (Contract Formation
Date, Section 2.17, or last approved MSRP List update date, whichever is later) to the
latest month for which non-preliminary data is available at the time of the requested
MSRP List update; and . Note: The U.S. Department of Labor, PPI indices are available at:
http://www.bls.qov/ppi/home. htm. Scroll to and click on: “Series Report”; Enter
Series ID “WPUW#M” (see Series ID codes above) and scroll to and click on
“Retrieve Data”.
The Department may, in its sole discretion, accept or deny any requested per Commodity Group and
Manufacturer / Brand Name MSRP List update. If a per Commodity Group and Manufacturer / Brand
Name MSRP List update request is approved by the Department, it shall not become effective for new
orders placed by Eligible Users until the Department approved effective date and posting by the
Department.
be in accordance with the requirements, specifications, terms, and conditions of the Contract.
5.9 Acquisition by Eligible Users
Eligible Users are encouraged to purchase any contracted Commodities and contractual services,
including Base Equipment; OEM Options, Accessories, & Implements; and OEM Parts, that will meet
their needs, provide the lowest total cost, and be in accordance with the Eligible User’s applicable
procurement and fleet statutes, laws, ordinances, codes, rules, policies, and procedures. Any non-
contract products and services must be ordered and invoiced as non-contract options separately from
Contract purchases in accordance with the Eligible User’s applicable procurement and fleet statutes,
laws, ordinances, codes, rules, policies, and procedures.
Eligible Users may purchase Base Equipment with any individual or combination of contracted OEM
Options, Accessories, & Implements and OEM Parts or without any contracted OEM Options,
Accessories, & Implements and OEM Parts. Additionally, OEM Options, Accessories, & Implements
and OEM Parts may be purchased separate of any contracted Base Equipment.
5.10 Contract Price Quotes and Sales Literature / Technical Information
Eligible Users may request and the Contractor will provide within five (5) business days no charge
Contract Price Quotes under the Contract. The Contractor agrees that Contract Price Quotes provided
to an Eligible User shall be submitted for only those Commodity Groups, Manufacturer / Brand Names,
and Commodities which the Contractor is awarded, and that the awarded Commodities quoted are the
minimum required to meet the Eligible User’s needs. All Contract Price Quotes will be according to the
Prices, Discounts, requirements, specifications, terms, and conditions of the Contract, and will include
the following:
Quotation Date.
Quotation Number (as applicable).
41
Contractor Information.
State Term Contract Number and Name.
Base Equipment: Commodity Group, Line Number, Base Equipment code and description, and
negotiated Base Equipment Net Price (per Section 5.6, Ceiling Prices).
OEM Options, Accessories, & Implements (if applicable, individually listed): OEM Option,
Accessory, & Implement code and description; OEM Option, Accessory, & Implement
negotiated OEM Option, Accessory, & Implement Net Price (as applicable, per Section 5.6,
Ceiling Prices).
OEP Parts (if applicable, individually listed): OEM Part code and description, and negotiated
OEM Part Net Price (per Section 5.6, Ceiling Prices).
New License Plate Fee (if applicable, per Section 5.14, Commodities Title and Registration).
Total State Term Contract negotiated Price (sum of the applicable negotiated Base Equipment
Net Price(s); OEM Options, Accessories, & Implements Net Price(s); OEM Parts Net Price(s),
and New License Plate Fee(s)).
During the Term of the Contract, the Contractor shall supply no charge printed Sales Literature and
Technical Information to Eligible Users upon request, unless the literature and information requested is
available on the Contractor’s or Manufacturer’s website. If the literature and information is available on
the Contractor’s or Manufacturer’s website, the Contractor will direct the requesting Eligible User to the
specific website location. All Eligible User requests for Sales Literature and Technical Information shall
be completed by the Contractor within five (5) business days.
5.1 1 Purchase Orders
Under the Contract, Eligible Users may place orders using a Purchase Order or using a Purchasing
Card, per Section 5.12. Purchase Orders issued by Eligible Users shall be in accordance with the
Ordering Instructions (contained within Section 7.1, Price Sheet & Ordering Instructions) and the
Prices, Discounts, requirements, specifications, terms, and conditions of the Contract. The Contractor
and the Eligible User agree to the following:
Under the Contract, Eligible Users may only place and Contractors shall only accept Purchase
Orders for Commodity Group and Manufacturer / Brand Name and Commodities the Contractor
is awarded.
For each Commodity and contractual service ordered, Eligible Users are responsible for
notating the following information on and with the Purchase Order based on their negotiations
(per Section 5.6, Ceiling Prices) with the Contractor:
0
o Eligible User’s issuing contact person and contact information;
o Contractor Information from the Ordering Instructions;
o State Term Contract Number and Name;
o Base Equipment: Commodity Group, Line Number, Base Equipment code and
description, and negotiated Base Equipment Net Price (per Section 5.6, Ceiling Prices);
Note: Specify any special needs or instructions (e.a., other associated
eauipment).
o OEM Options. Accessories. & Implements (if applicable, individually listed): OEM
Option, Accessory, & Implement code and description; OEM Option, Accessory, &
Implement negotiated OEM Option, Accessory, & Implement Net Price (as applicable,
per Section 5.6, Ceiling Prices); . Note: Specify any special needs or instructions (ea, other associated
o OEP Parts (if applicable, individually listed): OEM Part code and description, and
negotiated OEM Part Net Price (per Section 5.6, Ceiling Prices);
o New License Plate Fee (if applicable, per Section 5.14, Commodities Title and
Registration); and
o Any Eligible User special instructions, requirements, terms, and conditions;
eauipment).
42
o Total State Term Contract negotiated Price (sum of the applicable negotiated Base
Equipment Net Price(s); OEM Options, Accessories, & Implements Net Price(s); OEM
Parts Net Price(s), and New License Plate Fee(s)).
Contractor will place all orders received with the Manufacturer(s) within seven (7) calendar days
after receipt of the Purchase Order unless the Contractor has the applicable Base Equipment;
OEM Options, Accessories, & Implements (if applicable); and OEM Parts (if applicable) ordered
in their possession and can Deliver the order to the Eligible User within fourteen (14) calendar
days. All orders placed with the Manufacturer(s) shall be made in full compliance with the
requirements, specifications, terms, and conditions herein.
Contractor shall honor all Purchase Orders received during the Contract Period of Agreement
(Section 5.2) for Commodity Group and Manufacturer / Brand Name Commodities the
Contractor is currently awarded (Section 7.1, Price Sheet & Ordering Instructions).
Unless the Contractor has the applicable Base Equipment; OEM Options, Accessories, &
Implements (if applicable); and OEM Parts (if applicable) ordered by the Eligible User in their
possession, the Contractor will provide an Acknowledgement of Order form, per Section 5.#, to
the Eligible User.
Contractor, from receipt of the Purchase Order until delivery is made to the ordering Eligible
User, shall promptly notify the Eligible User of any potential delivery delays. Additionally, the
Contractor must promptly advise the ordering Eligible User if their order may not be delivered
prior to the end of the Eligible User’s Fiscal Year (State Agency’s Fiscal Year ends June 30).
Evidence of intentional delavs in deliverv shall be cause for default Droceedinqs and I or
Contract termination.
This Section 5.1 1, Purchase Orders, does not modify or replace Section 4.2, Purchase Orders, of the
Contract.
5.12 Purchasing Card
The State of Florida and numerous Eligible Users have adopted and implemented various Purchasing
Card programs using different universal card formats (e.g., American Express, Mastercard, and Visa).
Accordingly, the Contractor and the Manufacturer’s authorized Dealers must have the ability to accept
universal card format Purchasing Cards, including American Express, Mastercard, and Visa, during the
Contract term. Contractors and Manufacturer’s authorized Dealers may receive payments from Eligible
Users by universal card format Purchasing Cards in the same manner as other credit / debit card
purchases. Universal card format Purchasing Cards (e.g., American Express, Mastercard, and Visa)
acceptance is mandatory, but is not the exclusive method of payment (e.g., Purchase Order). The
method of ordering and payment (e.g., Purchase Order, Purchasing Card) shall be selected by the
Eligible User.
The Eligible User will not fill out any Contractor or Manufacturer’s authorized Dealer forms or separate
contracts in association with the Contractor or Manufacturer’s authorized Dealer accepting a
Purchasing Card payment. Contractors and Manufacturer’s authorized Dealers are not allowed to
charge a fee for accepting a Purchasing Card payment. Surcharges or convenience fees are
prohibited. On-line billing or payment systems maintained by the Contractor, Manufacturer’s authorized
Dealer, or their respective agent will not store the card holder’s name, account number, and expiration
date for re-use. Card holders will provide the Contractor or Manufacturer’s authorized Dealer, as
applicable, with card account information at each Purchasing Card transaction.
All individual purchases made using a Purchasing Card must be equal to or less than $500.00, and
Contractors, Manufacturer’s authorized Dealers, and Eligible Users may not intentionally segment or
divide orders to avoid the stated dollar limitation.
43
5.13 Acknowledgement of Order
For orders which the Contractor does not have the awarded Commodities in stock and cannot Deliver
the Commodities to the ordering Eligible User within fourteen (14) calendar days, the
Acknowledgement of Order form shall be fully completed and issued by the Contractor to notify the
ordering Eligible User of the receipt of the Purchase Order for Commodities awarded under the
Contract, the Manufacturer’s order confirmation information, and the estimated delivery date.
The Contractor must mail, email, or fax the fully completed Acknowledgement of Order form to the
ordering Eligible User’s issuing office within fourteen (14) calendar days from the date the Contractor
receives the Purchase Order under the Contract. Failure of the Contractor to provide the ordering
Eligible User the Acknowledgement of Order form within fourteen (14) calendar days from the date the
Contractor received the Purchase Order will be considered acceptance of the order by default, which, if
necessary, shall require the provision of the next new model of the Commodity, which meets the Prices,
Discounts, requirements, specifications, terms, and conditions herein.
Submission of the Acknowledgement of Order form is to be the responsibility of the Contractor without
prompting or notification by the Contract Manager or Eligible User. Repeated failures bv the
Contractor to submit completed Acknowledqement of Order forms to the ordering Eliqible Users
shall be cause for default proceedinqs and I or Contract termination.
Upon Contract Formation, Section 2.1 7, the Department shall distribute, in electronic format, the
Acknowledgement of Order form to be used by the Contractor.
5.14 Commodities Title and Registration
Applicable awarded Commodities delivered under the Contract will be titled and registered by the
Contractor in accordance with Chapters 319 and 320 of the Florida Statutes. The Contractor shall send
any necessary form(s) that must be signed by an authorized representative of the Eligible User with the
awarded Commodity(ies) upon delivery, and the Contractor shall obtain any necessary signature(s) and
complete the titling and registration process for the Eligible User in a timely manner.
In the event the Eligible User is permitted by statute, law, rule, ordinance, code, policy, and procedure
to obtain Title and Registration independent of the Contractor, and chooses to obtain Title and
Registration independent of the Contractor, the Eligible User shall notify the Contractor in writing of this
decision no later than three (3) business days following receipt of the Acknowledgement of Order form,
per Section 5.8, Acknowledgement of Order. However, the Eligible User will then be obligated to Title
and Register the awarded Commodity per applicable statute, law, rule, ordinance, code, policy, and
procedure, and the Contractor shall provide any documents necessary for the Eligible User to do so.
For applicable awarded Commodities, Eligible Users may elect to transfer an existing license plate, or
may choose to obtain a new license plate.
Should an Eligible User elect to transfer an existing license plate, this is the standard default
order type and does not require specific notation on the Purchase Order. All related fees, see
Section 5.6, Ceiling Prices, are included in the Base Equipment Net Price.
Should an Eligible User elect to obtain a new license plate in lieu of transferring their old license
plate, or if the awarded Commodity is an addition to their fleet and requires a new license plate,
the Purchase Order should include a notation and an additional amount to cover the cost of a
new license plate. The Contractor is not required to obtain new license plates for the Eligible
User unless there is a notation and a new license plate fee is included on the Purchase Order.
All related charges and fees, see Section 5.6, Ceiling Prices, except the new license plate cost
are included in the Base Equipment Net Price.
o The Eligible User’s Purchase Order notation for a new license plate must include the
request for a new license plate, what type of license plate is required, and a contact
person’s name, title, and telephone number should there be any questions.
44
o The Contractor may obtain special plates such as “State”, “County”, or “City” from most
county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. must be obtained
from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles,
in Tallahassee, Florida.
Note: The State of Florida is self-insured; therefore, a “Proof of Insurance” form is not required (Refer
to F.S. Chapter 284.30, Part II) for Title and Registration. Questions concerning the lack of a “Proof of
Insurance Certificate” when applying for a license plate may be answered by calling (850) 488-4127.
5.15 Transportation and Delivery
In conjunction with Section 5.6, Ceiling Prices, Base Equipment Net Prices; OEM Options, Accessories,
& Implements Net Prices; and OEM Parts Net Prices shall include all charges for packing, handling,
freight, distribution, and delivery. Transportation and Delivery of goods shall be FOB Destination to any
point statewide as follows:
o Manufacturer direct to the Eligible User: Within one hundred eighty (1 80) calendar days after
receipt of order.
o Dealer to the Eligible User: Within fourteen (14) calendar days after receipt of order or the
Commodities from the Manufacturer(s), with one exception - Commodities requiring post-
Manufacturer Dealer installed OEM Options, Accessories, & Implements must be delivered
within thirty (30) calendar days after receipt of the Commodities from the Manufacturer(s).
Delivery of the awarded Commodity is defined as receipt of the Commodity at the Eligible User’s place
of business or designated location. Delivery does not constitute Acceptance, per Section 5.16 of the
Contract. The Contractor must give the ordering Eligible User a minimum of twenty-four (24) hours
notice prior to delivery. Deliveries will be received as stipulated by the Eligible User.
Deliveries of awarded Commodities shall be made by either private or common carrier transport.
Where deliveries may be accomplished by driving the self-propelled, street-legal, Commodity three (3)
road miles or less, the self-propelled Commodity may be driven, under supervision, to the delivery
location. The Contractor must comply with the Manufacturer’s break-in requirements and all applicable
traffic laws.
All self-propelled operator occupied Commodities Delivered by the Contractor to the Eligible User shall
contain no less than one-quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery.
At the Eligible User’s option, Commodities with less than one-quarter (1/4) tank of fuel at delivery may
be rejected or $3.00 per gallon or gallon equivalent up to one-quarter of the Commodity’s fuel tank
capacity may be deducted from the invoice and payment.
The Contractor will perform the standard Manufacturer’s Pre-Delivery Inspection, and is responsible for
delivering an awarded Commodity that is properly serviced, clean, and in first class operating condition.
Pre-delivery service, at a minimum, shall include the following:
0 Complete lubrication of operating chassis, engine, and mechanisms with Manufacturer’s
0
0
recommended grades of lubricants;
Check / Fill all fluid levels to assure proper fill;
Adjust engine(s) to proper operating condition(s);
Inflate tires to proper pressure;
Check to assure proper operation of all accessories, gauges, lights, and mechanical and
h yd rau I ic features;
Clean equipment, if necessary, and remove all unnecessary tags, stickers, papers, etc.;
Assure that the awarded Commodity is completely assembled (unless otherwise noted in the
following sub-section) including Base Equipment and OEM Options, Accessories, &
Implements, thoroughly tested, and ready for immediate operation upon delivery; and
o For Commodities within Commodity Group No. 16, the Commodities shall be fully
assembled except that components vulnerable to damage, pilferage, and loss, or that
45
would otherwise increase cubage, such as controls, control rods, levers, and handles
may be packed separately. For such Commodities, printed assembly instructions along
with all bolts, nuts, pins, and washers necessary to assemble removed components shall
be securely packaged with the Commodities.
Where applicable, packaged to insure safe delivery to the destination. Packaging shall comply
with the requirements of Section 403.7191, Florida Statutes. Each package will be marked to
include the name of the Contractor, the State Term Contract number, Purchase Order number,
and brief description of the contents.
All Commodities will be delivered with each of the following applicable documents completed and
included:
Copy of the Manufacturer’s Pre-Delivery Inspection form, which meets or exceeds the
requirement herein;
Copy of ordering Eligible User’s Purchase Order;
Copy of the applicable Manufacturer(s)’s specification(s);
Copy of the Manufacturer’s Invoice(s) (prices may be deleted or obscured) for each Commodity,
including individual Base Equipment and OEM Options, Accessories, 8, Implements, in the
shipment;
Manufacturer’s Window Sticker(s), if applicable;
Manufacturer’s Certificate of Origin, if applicable;
Manufacturer’s Operator Manual, and (if not included in the operator manual) one (1) each of
the Manufacturer’s lubrication and maintenance instructions;
Copy of the Manufacturer’s Standard Warranty Certifications;
Sales Tax Exemption Form, if applicable;
Temporary Tag and twenty (20) day Extension Tag, if applicable; and
DHSMV82040, Application for Certificate of Title and/or Vehicle Registration, if applicable.
Deliveries that do not include the above applicable forms and publications, or that have forms
that have been altered, or are not properly completed, will be refused! Repeated failures bv the
Contractor to include the above properlv completed forms and publications. or that have
submitted altered forms, to the orderinq Eligible Users shall be cause for default proceedinqs
and I or Contract termination.
These Transportation and Delivery requirements, terms, and conditions also apply to the re-delivery of
an awarded Commodity that was previously rejected upon initial delivery.
This Section 5.13, Transportation and Delivery, supersedes and replaces Section 4.1 1, Transportation
and Delivery.
5.16 Acceptance
The Eligible User, within three (3) business days of delivery, will thoroughly inspect the Commodity(ies)
received for acceptability. The Eligible User shall compare the physical Commodity(ies) delivered;
Contract Prices, Discounts, requirements, specifications, terms, and conditions; Purchase Order; and
Manufacturer’s Window Sticker / Manufacturer’s Invoice(s) to ensure the Commodity(ies) received meet
or exceed the requirements, specifications, terms, and conditions of the Contract and Purchase Order.
Additionally, the Eligible User will inspect the Commodity(ies) for any physical damage. The Contractor
is obligated to correct any errors or damage in the Commodity(ies). Failure by the Eligible User to
discover an error in the Commodity(ies) shall not relieve the Contractor from their obligation to correct
the error in the event it is found anytime after the Commodity(ies) is delivered.
The Parties agree that inspection and Acceptance will be the Eligible User’s responsibility and occur at
the location of the Eligible User. Title and risk of loss or damage to all Commodities shall be the
responsibility of the Contractor until Accepted by the Eligible User. The Contractor shall be responsible
for filing, processing, and collecting all damage claims. The Eligible User shall assist the Contractor by:
Recording any evidence of visible damage on all copies of the delivering carrier’s bill of lading;
46
Report any known visible and concealed damage to the carrier and the Contractor;
Confirm said reports in writing within fifteen (1 5) business days of delivery, requesting that the
carrier inspect the damaged merchandise; and
Provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report.
Transportation and Delivery of the Commodity(ies), per Section 5.15 of the Contract, does not
constitute Acceptance for the purpose of payment. Final Acceptance and authorization of payment
shall be given by the Eligible User only after a thorough inspection indicates that the Commodity(ies) is
undamaged and meets the Contract requirements, specifications, terms, and conditions. Should the
delivered Commodity(ies) be damaged or differ in any respect from the Contract requirements,
specifications, terms, and conditions, payment will be withheld until such time as the Contractor
completes the required, Eligible User approved, corrective action(s).
Should the Commodity(ies) require service or adjustments as part of the Eligible User approved
corrective action(s), the Contractor shall either remedy the defect(s) or be responsible for reimbursing
the Manufacturer’s local authorized service Vendor or others selected by the Eligible User to remedy
the defect(s). The Contractor shall initiate such required service or adjustments within two (2) business
days following notification by the Eligible User. The Commodity(ies) will not be Accepted until all
service and / or adjustments are satisfactory and the Commodity(ies) is re-delivered in acceptable
condition. The costs of any Transportation and Delivery, Section 5.15, required as part of the initial or
any re-deliveries due to error or damage are the responsibility of the Contractor.
The ordering Eligible User shall notify the Department of any Contract deviation that it cannot resolve
with the Contractor. The Department and Eligible User will develop a corrective action plan related to
the Contract deviation, which may include the Eligible User’s permanent refusal to Accept the
Commodity(ies), in which case the Commodity(ies) shall remain the property of the Contractor, and the
Eligible User and the State will not be liable for payment for any portion thereof.
5.17 Contract Sales Summary and Transaction Fee Reports
Contract Sales Summary: The Contractor is required to provide annual fiscal year Contract Sales
Summaries to the Contract Manager within fifteen (15) calendar days after the end of each fiscal year
during the term of the Contract, including any renewals. The fiscal year is a twelve (12) month period
beginning July 1 and ending on June 30 of each year. Contract Sales Summaries shall document all
orders completed, for which payment was received, during the specified fiscal year. Contract Sales
Summaries will have two (2) separate components:
1. The report’s first component shall specifically document the quantity and total sales by
Commodity Group and Manufacturer / Brand Name sold; including Base Equipment; OEM
Options, Accessories, & Implements; and OEM Parts; differentiating between Eligible User
types, State Agencies and Other Eligible Users.
2. The report‘s second component shall specifically document all individual sales, including the
sales date, Eligible User’s organization name, a brief Commodity and / or contractual service
description, quantity, and total sales amount.
The Contractor is also required to provide partial year Contract Sales Summaries under the same terms
as the annual summaries for portions of the Contract term that occur outside a complete fiscal year.
These partial summaries will be due July 15, 2010 for the period beginning on the Contract Formation
date, per Section 2.17, and ending June 30, 2010, and within fifteen (15) calendar days after the
termination of the Contract for the period beginning July 1 of the Contract‘s final year and ending on the
Contract termination date. The Department may require additional ad hoc Contract Sales Summaries
for various periods of time; the Contractor shall submit these specific ad hoc summaries within twenty
(20) calendar days of notification by the Department.
Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor
without prompting or notification by the Contract Manager. The Contractor will submit the completed
47
Contract Sales Summary forms by email to the Contract Manager as stipulated. The Department shall
distribute, in electronic format, the Contract Sales Summary forms to be used by the Contractor upon
Contract Formation, Section 2.17.
Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee Reports in
electronic format. For information on how to submit Transaction Fee Reports online, please reference
the detailed fee reporting instructions and Vendor training presentations available online at the
Transaction Fee Reporting and Vendor Training subsections under Vendors on the
MyFloridaMarketPlace website (located at httD://dms.mvflorida.com/mfmD). Assistance is also
available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service
Desk at feeDrocessinq@mvfloridamarketDlace.com or 866-FLA-EPRO (866-352-3776) between the
hours of 8:OO AM to 530 PM Eastern Time.
5.18 Lobbying
In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not
expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive
branch, or any State Agency. This restriction does not apply to requests of the Contractor to provide
any information relating to any aspect of this Contract, if requested by any legislative, judicial, or
executive branch, or any State Agency.
5.19 Compliance with Laws
The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are
applicable to the conduct of its business, including those of federal, State, and local agencies having
jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and
Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non-
exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and
Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on
the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status.
Violation of such laws shall be grounds for Contract termination.
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48
SECTION 6.0
TECHNICAL SPECIFICATIONS
CONTENTS:
6.1 DEFINITIONS
6.2 SCOPE AND ELIGIBLE COMMODITIES
6.3 COMMODITY SPECIFICATIONS AND STANDARDS
6.4 FEDERAL AND STATE STANDARDS
6.5 TESTING
6.6 WARRANTY
6.7 COMMODITY COMPLIANCE AND COMPATIBILITY
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49
6.1 Definitions
The Definitions found and referenced in the Special Conditions, Section 5.1, shall apply to this Section
6.1, Definitions.
6.2 Scope and Eligible Commodities
The Construction, Industrial, Agricultural, & Lawn Equipment Commodities (including the Base
Equipment; associated OEM Options, Accessories, & Implements; and associated OEM Parts) offered
under the Contract shall be classified under twenty-four (24) Commodity Groups, which are listed and
described as follows:
;ROUP DESC
GUNS I KUCl IUNllNDUS rRIAL, MOTOR GRADER & MAINTAINER
CONSTRUCTIONlINDUSTRIAL, EXCAVATOR: CRAWLERITRACK, WHEEL, &
TRUCK MOUNTED
t Grow No. 1
760-840 Group No. 2
760-900
760-420
CONSTRUCTlONllNDUSTRIAL, DOZER: CRAWLERTTRACK & WHEEL
CONSTRUCTlONllNDUSTRIAL, LOADER: CRAWLERTTRACK
CONSTRUCTlONllNDUSTRIAL. LOADER: SKID STEER 760-460
760-480
760-960
CONSTRUCTlONllNDUSTRIAL, LOADER: WHEEL
WHEEL
FORKLIFTTTELESCOPIC HANDLER, RIDING TYPE (INCLUDING ROUGH
TERRAIN)
TRACTOR, AGRICULTURAUSPECIALTY: CRAWLERnRACK 8, WHEEL
{INCLUDING 4WD)
TRACTOR, UTILITY: CRAWLERTTRACK & WHEEL (EQUAL TO OR
GREATER THAN 40 HP)
TRACTOR, COMPACT UTILITY: CRAWLERTTRACK & WHEEL (LESS THAN
40 HP)
CONSTRUCTlONllNDUSTRIAL, BACKHOE-LOADER: CRAWLERTTRACK &
UTILITY VEHICLE, OFF-ROAD: PASSENGER, CARGO, INDUSTRIAL, &
TURF (NOT INCLUDING LOW-SPEED VEHICLE (“LSV’) OR
NEIGHBORHOOD ELECTRIC VEHICLE (“NEV))
ALL TERRAIN VEHICLE (“AW)
1 GroupNo.7 I GroupNo.8 560-650
765-900 Group No. 9
Group No. 11
765-900
765-900
071 -860 Group No. 12
07 1 -820
07 1-840 AMPHIBIOUS ALL TERRAIN VEHICLE (“AAW)
ACCESSORY & IMPLEMENT, MOWER/TRACTORNEHICLE/EQUIPMENT
MOUNTED OR TOWED: INCLUDING AERATOR, BACKHOE, BLOWER, BOX
BLADE, CATCHER, CHIPPERISHREDDER, DETHATCHER, DOZER BLADE,
EDGER, GRINDER, LOADER, MATERIAL HANDLING (E.G., FORKS),
MOWERlCUTTER (FINISHING, FLAIL, ROTARY, SICKLE, & REEL TYPES;
BOOM MOUNTED OR PULL BEHIND), PAINTER, PLOW, POSTHOLE
DIGGER, PULVERIZER, RAKE, SEEDER, SOD CUTTER, SPIKER, SPLITTER,
SPRAYER, SPREADER, TILLER, TOPDRESSER, TRENCHER, TRIMMER, &
VACUUM
BEHIND: INCLUDING AERATOR, BLOWER, CHAIN SAW,
CHIPPEWSHREDDER, EDGER, GRINDER, PAINTER, OVERSEEDER, RAKE,
SEEDER, SOD CUTTER, TILLER, TOPDRESSER, TRIMMER, & VACUUM
{NOT INCLUDING MOWER)
LAWN EQUIPMENT; STANDING, HAND-HELD, BACKPACK, & WALWORK-
MOWER, LAWN, WALWSTAND-BEHIND, OCCASlONALlRESlDENTlAL TYPE
MOWER, LAWN, WALWSTAND-BEHIND, PROFESSIONAUCOMMERCIAL
TYPE
020-010, 020-030, 020-150, 020-
360, 020-660, 020-670, 51 5-070,
515-140, 515-210, 515-280, 515-
350, 51 5-490, 51 5-700, 51 5-770,
515-860, 765-430, 765-640, EtC.
Group No. 15
020-660, 515-070, 515-140, 515-
21 0, 51 5-350, 51 5-490, 51 5-700,
515-770, 545-680, EtC.
Group No. 16
51 5-630
51 5-630 Group No. 18
51 5-630
51 5-630
MOWERTTRACTOR, LAWN, RIDING TYPE
MOWERTTRACTOR. LAWN & GARDEN. RIDING TYPE
51 5-630 MOWER, FRONT (REAR WHEEL STEERING). RIDING TYPE
MOWER, ZERO TURN RADIUS, RIDING TYPE Group No. 22 51 5-630
51 5-630 MOWER, WIDE-AREA, RIDING TYPE
GOLF & TURF EQUIPMENT. OTHER (NOT INCLUDED IN OTHER GROUPS) I GrouPNo.24 51 5-900
iodity Codes are provided for general ii rmation purposes only. Eligible Users must confirm the appropriate and applicable
to be used.
50
The Contract is intended to cover only those Construction, Industrial, Agricultural, and Lawn Equipment
Commodities generally used by the State of Florida as listed and described herein, and does not
include all varieties of equipment that are commercially available. Commodities not eligible, permitted,
included, or available under the requirements, specifications, terms, and conditions of the Contract
include, but are not limited to, portable generators, pressure washers, specialty forestry equipment, and
street-legal small utility vehicles (a.k.a. Low-Speed Vehicles [“LSVs”], Neighborhood Electric Vehicles
[“NEVs”]). The Department in its sole discretion shall determine the eligibility and acceptability of all
Commodities available and included under the Contract. The Contractor will be responsible for
removing all non-eligible and unacceptable Commodities under the Contract.
Deliverv of non-conformina Commodities and contractual services, which are not remedied as
required herein, shall be cause for default proceedinus and I or Contract termination.
6.3 Commodity Specifications and Standards
The Commodity Specifications and Standards are based on the known needs of Eligible Users and
best information available to the Department at the time the Commodity Specifications and Standards
were created.
The following specifications and standards form a part of the overall Technical Specifications except as
modified or noted herein.
All Commodities, including all Base Equipment; OEM Options, Accessories, & Implements; OEM Parts;
and their respective features, equipment, and components, must individually and jointly comply with the
following:
All Commodities shall be designed, constructed, equipped, assembled (except as specified in
Section 5.1 5, Transportation and Delivery), and installed (OEM Parts do not include installation)
to be fully suitable for their intended use, purpose, and service;
All Commodities shall be new and unused (except as specified in Section 5.15, Transportation
and Delivery), for the current Manufacturer’s model year or later, of current or recent production,
and of the latest design and construction;
All Commodities shall be bio-diesel (B-20), compressed natural gas (“CNG”), diesel, electric,
gasoline (E-I 0 to E-85), liquefied petroleum gas (“LPG”), natural gas, or propane powered;
All Commodities shall include all OEM standard features, equipment, and components,
Manufacturer or Dealer installed according to the Manufacturer’s standard procedures,
requirements, and specifications;
All Commodities shall be free of damage and / or rust which may affect appearance or
serviceability;
All Commodities shall comply with current legal, customary, reasonable, and prudent standards
of professionalism and care in the industry;
All Commodities shall comply with current mandatory and applicable federal and State of Florida
motor vehicle, mobile equipment, legal, safety, and environmental standards and requirements;
and
All Commodities shall meet the requirements, specifications, terms, and conditions herein.
No Contractor’s or Dealer’s advertising or identification (name, logos, etc.) is permitted on the
Commodities, including all Base Equipment; OEM Options, Accessories, & Implements; OEM Parts;
and their components. Commodity Manufacturer’s advertising or identification (name, model, logos,
etc.) shall be permitted on the respective Commodities if such advertising or identification is a
Manufacturer’s standard on the specific Commodity. The Department in its sole discretion will
determine what is Contractor’s or Dealer’s advertising or identification, what is Commodity
Manufacturer’s advertising or identification, and what advertising or identification is acceptable. The
Contractor shall be responsible for removing, without damage, all unacceptable advertising or
identification.
51
Deliverv of non-conforminq Commodities and contractual services. which are not remedied as
required herein, shall be cause for default proceedinqs and I or Contract termination.
6.4 Federal and State Standards
It is the intent of the Department that all specifications herein are in full and complete compliance with
all federal and State of Florida laws, requirements, and regulations applicable to the type and class of
Commodities and contractual services being provided. This includes, but is not limited to, Federal
Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA),
Environmental Protection Agency (“EPA) Standards, and State of Florida laws, requirements, and
regulations that apply to the type and class of Commodities and contractual services being provided. In
addition, any applicable federal or State legislation that should become effective during the term of the
Contract, including any renewals, regarding the Commodities and contractual services’ specifications,
safety, and environmental requirements shall immediately become a part of the Contract. The
Contractor must meet or exceed any such requirements of the laws and regulations. If an apparent
conflict exists, the Contractor and Authorized Dealer must contact the Contract Manager immediately.
Deliverv of non-conformina Commodities and contractual services, which are not remedied as
required herein, shall be cause for default proceedinas and I or Contract termination.
6.5 Testing
Samples of delivered Commodities and contractual services may be selected at random by the
Department or Eligible User and tested for compliance with the requirements, specifications, terms, and
conditions.
Deliverv of non-conforminq Commodities and contractual services, which are not remedied as
required herein, shall be cause for default proceedinas and I or Contract termination.
6.6 Warranty
The Manufacturer’s Standard Warranty shall cover all Commodities and contractual services of the
Contract. The Manufacturer’s Standard Warranty is required to provide coverage against defective
material, workmanship, and failure to perform in accordance with the specifications and required
performance criteria. The Manufacturer’s Standard Warranty coverage must be identical to or exceed
the most inclusive of those normally provided for the Commodities and contractual services specified
herein that are sold to any state or local governments. The Manufacturer’s Standard Warranty shall
have a minimum term of one (1) year from the date of Acceptance, Section 5.16, and will begin only at
the time of Acceptance by the Eligible User.
Should the Manufacturer’s Standard Warranty conflict with any requirements, specifications, terms, or
conditions of the Contract, the Contract requirements, specifications, terms and conditions shall prevail.
The Manufacturer’s Standard Warranty terms and conditions are not part of the Contract requirements,
specifications, terms, and conditions.
Deliverv of non-conformina Commodities and contractual services, which are not remedied as
required herein, shall be cause for default proceedinqs and I or Contract termination.
6.7 Commodity Compliance and Compatibility
It is the Contractor’s responsibility to insure that the Commodity / Commodities supplied are compliant
with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor must
insure that the Commodity / Commodities ordered by the Eligible User are fully compatible with each
other and with any associated pre-existing Commodity / Commodities possessed by the Eligible User
52
and pre-disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible
User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity / Commodities
that will be fully compliant and compatible with the Contract requirements, specifications, terms, and
conditions.
In the event any ordered Base Equipment; OEM Options, Accessories, & Implements; OEM Parts; and
their respective features, equipment, and components are found by the Eligible User to be missing,
incorrect, defective, damaged, non-compatible, or non-compliant, the Contractor shall, at the Eligible
User’s discretion, be required to do one of the following:
Install or repair the Base Equipment; OEM Options, Accessories, & Implements; OEM Parts;
and their respective features, equipment, and components;
Replace the Base Equipment; OEM Options, Accessories, & Implements; OEM Parts; and their
respective features, equipment, and components; or
Refund the purchase price of the applicable Base Equipment; OEM Options, Accessories, &
Implements; and OEM Parts to the Eligible User.
Anv chanues necessary after the deliverv of the Commoditv I Commodities that are reuuired to
brinu a Commoditv I Commodities into compliance and I or compatibilitv due to an incorrect
order fulfillment bv the Contractor will be accomplished at the Contractor’s expense.
Deliverv of non-conforminu Commodities and contractual services, which are not remedied as
required herein, shall be cause for default proceedings and I or Contract termination.
phe remainder of this page is intentionally left blank (other than footer information).]
53
SECTION 7.0
PRICE SHEET & ORDERING INSTRUCTIONS AND FORMS
CONTENTS:
7.1
7.2 SOLICITATION PREPARATION CHECKLIST
7.3 MANUFACTURER’S CERTIFICATION
7.4 SAVINGS I PRICE REDUCTIONS
7.5 CONTRACT SIGNATURE PAGE
PRICE SHEET & ORDERING INSTRUCTIONS
(MICROSOFT EXCELTM AlTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMllTED ORIGINAL@) MAINTAINED BY THE
DEPARTMENT OF MANAGEMENT SERVICES.)
(SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
(SUBMITTED ORIGINAL@) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
(SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
(PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMllTED AS
PART OF A SOLICITATION RESPONSE. HOWEVER, SHOULD THE DEPARTMENT DETERMINE TO MAKE AWARD, SUBMllTAL
OF THIS DOCUMENT IN DUPLICATE SHALL BE REQUIRED. ANY SUBMllTED ORIGINAL(S) MAINTAINED BY THE
DEPARTMENT OF MANAGEMENT SERVICES.)
(SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
7.6 CERTIFICATION OF DRUG-FREE WORKPLACE
rhe remainder of this page is intentionally left blank (other than footer information).]
54
7.2 Solicitation Preparation Checklist
The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their
response. The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of
ensuring that all reauirements of the solicitation are met with submittal of their response. Check off each of the
following as you comply:
The Respondent has fulfilled Sales Summary, Usage Fee, and Transaction Fee reporting
and payment requirements as specified in the requirements, terms, and conditions of all
previous or existing agreements with State of Florida agencies.
Download, read, understand, and agree to the entire solicitation, including all attachments (ITB
No. 03-760-000-S; Construction, Industrial, Agricultural, & Lawn Equipment: Sections 1 .O
through 7.6 of the solicitation, and the MyFloridaMarketPlace RFX Info tab contents).
Review and abide by the Timeline, Section 1.2 of the solicitation.
If necessary, review the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or
receive assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO
(866-352-3776) or vendorhelD@mvfloridamarketDlace.com.
Submit any Questions via the MyFloridaMarketPlace Q&A Board, no later than as specified in
the Timeline, Section 1.2 of the solicitation.
View the Department's Answers to the submitted questions as posted in any Addendum or
Amendment to the solicitation on the MyFloridaMarketPlace Sourcing Tool and / or Vendor Bid
System.
Download the Price Sheet & Ordering Instructions (Section 7. I), review carefully, enter required
discounts and information on the Price Sheet & Ordering Instructions, and upload the Price
Sheet & Ordering Instructions to the My FloridaMarketPlace Sourcing Tool as required.
Provide answers to all required questions within the MyFloridaMarketPlace Sourcing Tool.
Submit response using the MyFloridaMarketPlace Sourcing Tool.
Mail any required documents and forms specified in Section 3.9, Submittal of Response, of the
solicitation documents to the attention of:
Christopher P. Walker, FCCM
Purchasing Analyst
Division of State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
The outer packaging shall clearly state Solicitation Title, Solicitation Number, and Solicitation
Opening Date and Time.
55
7.3 Manufacturer’s Certification
This is to certify that
Organization Name
is the Manufacturer or Manufacturer’s authorized Dealer of
Manufacturer / Brand Name
BY:
DATE:
MANUFACTURER NAME:
ADDRESS:
TELEPHONE NUMBER(S):
E-MAIL:
AUTHORIZED EMPLOYEE NAME:
TITLE:
SIGNATURE:
NOTE: THE MANUFACTURER’S CERTIFICATION FORM MUST BE COMPLETED AND SUBMITTED PER
SECT1 ON 3.9.6, MANUFACTURER’S CERTl Fl CAT1 ON.
56
7.4 Savings I Price Reductions
The Respondent is required to furnish the combined average percent (%) savings offered compared to MSRP,
retail, list, published, or other usual and customary prices that would be Daid bv the purchaser without benefit
of a contract resulting from this solicitation.
DATE
Competitive Discounts offered in Section 7.1, Price Sheet & Ordering Instructions, provide llnserf Savinus %
for Commodifies Offered in Table Below1 % combined average savings off of the MSRP, retail, list, published,
or other usual and customary prices for:
HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices
published at [URL], or other source of benchmark prices [supply documents])?
AUTHORIZED SIGNATURE:
TELEPHONE NUMBER:
RESPONDENT NAME:
57
IF CONTRACT AWARDED, STATE PURCHASING ANALYST / SPECIALIST TOOK THE FOLLOWING
STEPS TO VERIFY THE SAVINGS OFFERED:
WHAT WERE THE RESULTS?
PURCHASING ANALYST / SPECIALIST:
PUR 7064 (Rev 2/04)
58
7.5 Contract Signature Page
CONTRACT
This Contract, effective the last date signed below, is by and between the State of Florida, Department
of Management Services (“Department”), an agency of the State of Florida with offices at 4050 Esplanade
Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor (“Contractor”).
The Contractor responded to the Department‘s Invitation to Bid (“ITB”) No. 03-760-000-S; Construction,
Industrial, Agricultural, & Lawn Equipment. The Department has determined to accept select Contractor’s
offers and to enter into this Contract in accordance with the requirements, specifications, terms, and conditions
of the solicitation.
Accordingly, and in consideration of the mutual promises contained in the Contract documents, the
Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by
section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract begins on the Contract
Formation Date, per Section 2.17, and expires June 30, 2012. The Contract consists of the following
documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated
as if fully set forth:
Any written Amendments to the Contract
Section 6.0, Technical Specifications
Section 5.0, Special Conditions
Section 4.0, General Contract Conditions [PUR1 000 (1 0/06)]
This document, Section 7.5, Contract Signature Page
Section 7.1, Price Sheet & Ordering Instructions
Section 3.0, Special Instructions to Respondents
Section 2.0, General Instructions to Respondents [PUR1 001 (1 0/06)]
Any Purchase Order under the Contract
Contractor’s Response
State of Florida, Date
Department of Management Services
By: Linda H. South, Secretary
Contractor Name:
Street Address or P.O. Box:
City, State, Zip:
By: Date
Its’ (Title):
Approved as to form and legality by the Department of
Management Services, General Counsel’s Office:
(Seal)
Print Name: Date:
59
7.6 Certification of Drug-Free Workplace
Section 287.087 of the Florida Statutes provides that, where identical tie offers are received, one preference
shall be given to an offer received from a Respondent that certifies it has implemented a drug-free workforce
program. Please sign below and return this form to certify that your business has a drug-free workplace
program.
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee
assistance programs and the penalties that may be imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under the
solicitation a copy of the statement specified in Subsection (1).
In the statement specified in Subsection (I), notify the employees, as a condition of working on the
commodities or contractual services that are under the solicitation, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,
any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a
violation occurring in the workplace no later than five (5) days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who is so
convicted.
Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements. False statements are punishable at law.
DATE:
ORGANIZATION NAME:
BY:
Authorized Sign a tu re Print Name and Title
60
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EXHIBIT “C”
Lessee:
Date:
Master lease #
Lease Schedule#
This is a cover letter indicating that the documents listed below need to be completed so we can process
your lease. PLEASE SIGN THE ENCLOSED DOCUMENTS AND RETURN THE FOLLOWING TO us.
0 Master Lease Agreement to be signed by:
Master Lease Schedule to be signed by:
Insurance Letter to be returned
0 Delivery and Acceptance to be signed by:
Ship ToBill To Form to be completed and returned
Certificate of Incumbency to be signed by:
Fiscal Funding Addendum to be signed by:
End of Term Rider to be signed by: e
Advance Payment invoice, along with check made payable to GE Capital Corporation a
** PLEASE SUBMIT A TAX EXEMPT CERTIFICATE
PLEASE MAKE YOUR PURCHASE ORDER OUT TO GE CAPITAL CORPORATION
PLEASE CNTACT US AT 800-464-1639 WITH ANY QUESTIONS.0
PLEASE MAKE SEND ALL DOCUMENTS TO : GE CAPITAL CORPORATIONO
3000 LAKESIDE DRIVE, BANNOCKBURN, IL 60015
rev. 9199
Masfer Lease Agreernenf
SLG Municipal Pricing
Agreement #
“Master Agreement” shall mean this Master Lease Agreement. “Schedule” shall mean any Lease Schedule signed by you and
us which incorporates the terms of this Master Agreement. “Lease” shall mean this Master Agreement and any Schedule.
1. w. CamnencementdaSdedule(Ihe’ComDate’) and
meptance of the Equipmentshalloccurupondeliveryofthe Equipmenttoyou. You agreetoinspectthe
Equipmentupondelivetyand verify bytelephonewinwriSngsuchinfwmationaswsmayrequire.TheEquip
mentisaccepted byyouundertheLeaseunlessyounotifywwithinthree(3)dayJofdeliverythatyoudond
acceptthe Equipmentandspecifythedefectamalfunction. Inthatevent,wewillreplacethedefectiveitemof
Equipment or this Lease will be canceled and you will assume all our rights under any purchase order a
agreemententeredintobyustobuytheEquipment ~yousignedapurchase~orsimil~ag~tforthe
purchaseofthe Equipnent by signing a Schedule you assign to us all of your lights, but mofyourobligabns
under it. AN altachments, aazssories. replacements, replacement parts, substitims, addhs and repairs m
the Equipment shall form part ofthe Equipment undera Schedule.
2. ,SEfLBlTYDFppsII. TheSecurity Depositwillbeheld byus,m’mcutmlerestandmaybemmingled
(unlessolherwiserequiredbylaw),un6lallobli~nsu~theLe~~~~,andmaybe~~atcur
optionagainstamountsdueunderthe Lease. TheSecurityDepositwillberetumedtoyouupontermination
a Schedule, provaed you are not in default, aappliedtothelast Lease Paymenlatothe amountwe may qm
Iw any purchaseor upgradeofthe Equipment.
3. -. You agree to remil toushe Lease paymen( (as set fam in lhe schedule) and &4her
sums whendueand payableeach EillingPeriodattheaddressweprovaetoyoufromtimetotime. lfthe
Commencement Dateofa Scheduleisnotthefmtothe~lhdayofanycalendarmcnm(a‘P~~,
~mitialTermofaScheduleshallbeextendedbythenumbwofdays
the Payment Date which first occurs after the Commencement Date of such Schedule and your first Lease
Papentwillbeincreased by1130~ofthemonthlyLeasePaymentsmultipliedbythenumberofdayselapsed
~mtheCommencementDatetothedayimmediatelyprecedingthe Payment Datewhiichoccvrsaffersuch
Commencement Date. LeasePaymentsareduewheMerornotyouareinvo. Youautho~ustoadjustthe
Lease Payments by not more than 15% to reRect any reconfiguration of the Equipment cn adjustments to refiect
appliiblesales taxesorthecostofthe Equipment by the manufacIurer/wppier.
4. -. You agree to: (a) pay all costs and expenses associated with Iheuse, mz+ntsnance,
servicing, repair or replacement ofthe Equipment and (b) pay all premiums and other costs of insuring the
Equipment. In addition, you will (1) reimburse us for all costs and expenses (including mabk anomeys’
k?esandaxlrlcosts) incurredinenforcingthe Le~and(2)payallothercostsa~expensesfo
obligated under the Lease (the ‘Lease Charges”). Ifa Schedule provides yw with a $1 Purchase Gptii (a “$1
Lease”), yw agree to file all required properly lax returns and prompny pay all properly taxes, which may be
assessed against the Equipment If a Schedule provaes you with a Fair Market Value Purchase option (an
’FMV Lease”), (a) you acknowledge and agreethatwewill be the cwnerofthe Equipmentthroughoutthe Lease
Termandwewillbeassessedpersonalpropertylaxes, and (b)nolwiMstandingthefxtthatyou maybeexempt
hanthedirect paymenlofperjonal property taxes, you agree, at ourdiscrelion, toeiUk?r(i) reimbuneusannually
for all personal property and other similar taxes and governmental charges associated with the ownership,
possession or useof the Equipment a (io remiltouseach Billing Perid Our estimateofthe prated equivaht
ofsuch taxesandgovemmenlalcharges. You agreeto pay usan admmistrativefeefortheprocessingoftaxes,
aSSeSSmentsWfeeswhiich may bedueand payableunderthelease. Wemay takeon ywrbehaifanyactiar
requiredunderthe Lease.whkhywfailtotake, andupon receiptofcurinvoiceyouwillprom~ypaywrcosts
(including insurance premiums and other paymentsto affiliates), plus reasonable processing fees. Reslrictive
emhmmtsmchxksyousend’buswilnot~yaroMig~tom. Wemaydmgeyouaretumchedc
am~fundschargeoft25.00branyWwhilisreturned bylhebmkfwanyreeson (notlosxceed
Ihemaximumamountpermikdbylaw).
5. LATECHARGES. For any payment Mchisndreceived Mi Ihilly (30)daysofLduedab, you agne
to pay a late charge equal lo the hgherof10%ofMenrountduea$22,00(rottDexceed Ihe maximvm amount
permitted bylaw) asreasonablecollectkmcosts.
6. In Ihecaseofa $1 Lease, you shall have UUe to the
Equipment immediately upon ddively and shall bethe oi~nerofthe Equipmentandweraswtity inRreJt
intheEquipmenttosecureallofyourobligatonsundertheLease. Inthecaseofan FMVLease.weownthe
Equipment and you have the rightto usethe Equipment underthe lemsofthe Lease. lfthe Leaseis deemed to
beasxuredtranwbn, ywgrantusasxurityinterestintheEquipnenttDsecureaRofyowoblig~sunder
the Lease.Yw heretyassignbusalloffyour$hts, butmofywroblis, undwanypurdrasea~ment
forthe Equipment. We hereby assign to yw all our lights underany manufacturerwsuppliwmnlh, sa long
asyouarendindefauRhereunder. YwmustkeeptheEqu@mtfn?eofliens. Ywmay~~theEqu~
from the address indicated on thefrontofa Schedulewithoutfirstobtaining curapprwal. You agree to: (a) keep
the Equipment in your exclusive control and possession; (b) USE THE EQUIPMENT ONLY IN THE LAWFUL
CONWCTOFYOURBUSINESS,ANDNOT FORPERSONAL, HOUSEHOLDORFAMILY PURPOSES; (c)
use Me Equipment in conformity with all insurance requirements, manufactureis instnxtiions and manuals; (d)
keep the Equipment repaired and maintained in good working order and as required by the manufacturer‘s
warranty, cerlificati and standard full Service maintenance contract; and (e) give us reasonable access to
inspect the Equipment and its maintenance and other records.
7. m. You areresponsibleforalllosses,damage,d~, ~tdahm,in~andatanq$
feesandmsts(‘Claims”), incunedaassertedbyaypem, inanymannerrelatingtoheEquipnentindudi
itsuse,conditioncfpr;sessian. YwagreetodefendandindemnifyusagalnstallClaims,althwghwereserve
therighttocontrolthedefenseandtoselectaapprovedefenseaxmsel. ThisindmnitymfmuesbeyMdthe
termination of a Schedule, foractswmissions, which occvreddwhg theTermofa Schedule. You alm agree
that the Lease has been entered intoon the assumpth thatwewill beentiHed tocerlam tax benefits available
tolheowneroftheEquipment. Inthecaseofan FMVLease,ywagreetoindemnify
usforthelossofanyinarmelaxbenefitscaused byywractswomissionsinconsistentwithsueh
ahLease. ln~eeventofanysudbss,wemayincreasetheLease~~aymentsandolher~8~to~
mysuchadverseeffect.
8. ranyicnofEquipmsntis~stolenordamagedyouwM,atyow~mdcoJ1,
either: (a) promptly repairlhe item areplacetk item wilh ampar&? item mmabIyaccepaMeto us; a@)
pay us the sum of: (i) all past due and current Lease Payments, (ii) the present value of all remaining Lease
Paymentsfwtheitem,di~tedattherateof6%perannum (athekwestratepermit~edbylaw,whichever
is higher), (iii) all Lease Charges, and (ii) the Fair Make( Valueofthe Equipment pan FMVLease). Wewill then
bansfertoyou allourright, tiHeandmterestinMeEquipmentASlSANDWHERE-IS, WITHOUTANY WAR-
RANlYASTOCONMTION,TlTLEORVALUE. lnsuranceproceedssham bea@dloward &, replacemenl
apaymenthereunder,asapplicable. InthisMasterAgrewnent,‘FairMarketValue“oftheEquipnentmeans
its installed faiimarketvdue at the end ofthe Term, assuming good order and condifion (except for adinatywear
and tear from normal use), as estimated by us.
Continued on Page 2
BOTH PARTIES AGREE TO WANE ALL RIGHTS TO A JURY TRIAL.
BY SIGNING THIS MASTER AGREEMENT, YOU AGREE TO THE TERMS ON BOTH PAGES I AND 2. ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY,
EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT
ENFORCEABLE. TO PROTECT YOU AND US FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS
ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER
AGREE IN WRITING TO MODIFY IT.
Name of Lessor
Address of Lessor
By:
Name:
Title:
Date:
Ful Legal Nm
By: X
Slgnz4~ ol Sgw
Name:
pkmw
Title:
Date: Fed Tax ID
Dad-
Page 1 of 2 Writ us at mw.torofinanclng.com TWO 1624(~)-SLG 02/03
ADDITIONALTERMSAND CONDITlONS OFAGREEMENT
9. You agree, at yancost, (0: (a) keeptheEguipm*lthsuredwedagahstall tisksofphysilbssa
damage for its Mlreptacmenlvalue., namingusasbsspayee(m, in Ihecaseofatl Lease, naming you and us
as loss payees as our interests may appear); and (b) maintain puMii liability insurnwe, covering penonal injury
and Equipmentdam~fwnotIffsthan$300,000peroccunence,namingusasaddifionalinsured. You havea
chcbin howyousatisfylheseimurancerequirements. Firstywmayobtainaxrqeonyourmnandpnvide
uswith ev&mofinsurancecowqe. Ifywelectthisopttm, the policy must be issued by an insurancecankr
rated E+ or better by A.M. Best Company, must provide us with not less than 15 days’ priorwritten notice of
cancellath, wx-rmwal or amendment, and must wide dedmtible amounts acceptable to us. Second, you
may eleclto have usdirectly obtain coyerage protecting our mterests. UNLESSYOU PROVlDE EVIDENCE OF
MEINSU~CECOMRAGEREQUIREDBYTHISMASTERAGREEMENT, WEMAY PURCHASEINSURANCE
ATYOUREXPENSETOPROTECTOURINTERESTINTHE EQUIPMENT THIS INSURANCEMAY, BUTNEED
NOT, PROTECTYCUR INTERESTS. THE COVERAGETHATWE WRCHASE MAY NOTPAYANY CLAIMTHAT
YOUMAKEORANYClAlMTHATISMADEAGAlNSTYOU INCONNECTlONWlTHTHEEQUIF’MENT. YOU
MAYLATERCANCELANYINSURANCEPVRCHASEDBYUS, BUTCNLYAFTERPROVlDlNGMDENCETHAT
YOU HAVEOBTAINED INSURANCE AS REQUIRED BY THIS MASTER AGREEMENT. IF WE PURCHASE
INSURANCE FORTHE EQUIPMEM,YOU WlLLBE RESPONSIBLE FORTHE COSTS OFMAT INSURANCE,
INCLUMNGTHEINSURANCEPREMIUM, INTERESTANDANY OTHERCHARGESWEMAY IMPOSE IN CON-
NECTION WlTHTHEFlACEMENTOFTHEINSURANCE, UNTILTHEEFFECTIVE DATEOFCANCELLATION
OUTSTANDlNGBAV\NCEOROBUGATION. THECOSTSOFTHEINSURANCEMAY BEMORETHANTHE
COSTOF INSURANCEYOU MAY BEABLETOOBTAIN ONYOUROWN. The insuranceawwagew&tain
may be through an insumcarrier, which may be affiliated with our assigneeor us. Therewill be nodeducfible
and thecoveragewill indude prdectim foreartbakes, Roodsand employeeM Wewill pay the premium, but
youmustreimburseus. EachBillingPeficd,you mustpaywwithyourLeasePaymenttheprwatedporliw1ofthe
insurancepremium.AttheendoftheTermyoumust payusanyremainingpwtionofthepremium.
10. PEEBULI. YouMll be in default under the Lease f (a) you fail to remit to us any paymentwithin len (1O)dsys
ofthe due date orbreach anydherctiigah underlhis Lease; (b) a petih is filed by or against yworany Gmam
underany bankruptcyorinsolvencylaw; w(c) you defaullundwanyotheragreementwithus.
11. BEMEDIES. If you default, we maydooneormofthefl&g: (a) recover from you,AS UWDATED
DAMAGES FORLOSS OF BARGAINANDNOTASAPENALN, thesumot (i)allpastdueandcurrentLease
Payments. (ii)thepresentvalueofallremainingLeasePayments,di~ntedattherateof6%~ann~(orMe
lowest rate permitted by law, whichever is higher), (iii) all Lease Charges, and (iv) the Fair Malket Value ofthe
Equipment(ifanFMVLea); (b)declareanyotheragreementsbetweenusindefault (c)reqvireyoutorelMnall
ofthe Equ&nent in the mannerouHired in Section 12, or take possessiOn ofthe Equipment in which caseweshal
notbe held responsibleforany bssesdi~yorindirectlyarisingoutof,orbyreasonofMepresenceand/oruse
ofany and all pmtary informadon residing w1 orwithin the Equipnent and to leaseor sell the Equipmenlaany
portion thereof, and to apply the proceeds, less reasonable selling and administrativeexpens, tothe amounts
due hereunder; (d)chargeyou mtweston all amwnkdue us from thedue date until pakJ attherateofl-l12%per
month, butinnoeventmocethanthel~lmaximumrate; (e)chargeyouforexpensesincurredinamnecfionwith
theenforcementofourrwnedRsinduding,withoutlimitath, reposswion,repairandcoll&casts, attorneys’
feesandcwrtcosts. Theseremediesarecumulative, aremaddition toanyotherremediesprovidedforbylaw,
and maybeexercisedconcurrentlyorseparately. Anyfailureordelay by ustoexercise any rightshallnotopwate
as a waiver of any other right orfuture right.
12 p .InUmwsedaSl ~andffyouam~h~
wewill release any security interest which we may have in the Equipment at the end oftheTm. In the cased
anFMVLease,attheendoftheTermandupon30days~~~n~~tous,youshalleither(a)~etumaUof
the Equipment or (b) purchaseallofthe Equipment ASlS AND WHERE-IS, WlTHOUTANY WARRANTY AS TO
CONDITION,TlTLEORVALUE,fortheFairMalketMlue,plusapplicablesa~and~troces. TheLeaseshM
continueon a mUbmth -and yw shall pay us lhesame Lease pavmentS and Lea Chaqesasapplkd
during IheTm until theEquipmentisretumedtousoryoupayustheapplicablepurchaseprice(andtaxes). If
ycuareindefaultw,in thecaseofan FMVLease,youdorotpurchasetheEquipmentattheendoftheTerm(or
anymon~hmonMrenewalterm),youshallretum~oftheEquipmentfreightandinsuranceprepaidatyourcost
and risk, towhereverwe indicate in the continental United States, with all manuals and logs, in good order and
condith(exceptfwwdinatywearandtearfrom nwmaluse),packedpertheshippingmpany’sspec~tions,
and pay an inspection, restocking and handling fee of $1 00, not to exceed the maximum permitted by law, as
reasonable compensation for our costs in processing returned equipment You will pay us for any loss in value
resulting from lhefailure to maintain the Equipment in accordance with his Master Agreementoffordamages
Incurred in shipping and handling.
13. ASSIGNMENT. Yw maynotmslgnwdbposedanyrlgh(JacMlgatlwundertheLemeasuMeaJehe
Equipment, wilhoutwrpor~ consent We may, wimout ndtyhg yw, (a) as& the Leaseacur intemt
in the Equipment; and (b) release infwmkmwe haveaboutyw and theLeasetothe~,~krorany
pospective investor, paftklpantorpurchaofthe Lease. Ifwedomakean assgnmentundersubsxfim 13(a)
above, our assignee will have allof our rights under the Lease, but none ofwrobligaths. Yw agree not toW
against our assigneeclaims, offsetsordefenses you may haveagainst us.
14. MPPROPW For each Leasecanmenced hereunder, you intend(0remil;l Lease Paymartsand
LeaseChargeswhendueiffundsarelegallyavailabletoyou. IfatanytimeduringmelTm(a)youarenot
granted an appropriation of funds the Equipment subject to that Lease, (b) operating funds are not otheMlise
availabbtoyoutopaytheLeasePaymentsand LeaseChargesdueorlobecomedueunderthatLease, and(c)
thereisnootherlegalpmQdureoravailablefunds bywwithwhichpaymentcanbernaletousunderthatlease
(a”on-Appropriation”)youshall havetherighttoretumtheEquipmentsubjecttothatLeaseinaccordmwith
Won 12 hereof and terminate that Leaseon the lastday ofthe fiscal period fcrwhich appqniaSanswere received
wiMoutpenaltyorexpensetoyw,exceptastothepo~nofLe~Paymenkand LeaseCharges(brwhiichfunds
shallhavebeenapprqniatedandbudgeted. IntheeventofaNon-~riation,atleastthirty(30)dayspiortoMe
endofthelastfiscalyearforwhichfundsshall havebeenappoprialedand budgetd,yourchiefexecutiveofficer
wlegalcounselshallcertifyinwritingthat(l)fundshavenotbeenappropriatedfoctheupcaning~lpe~, and
(2)you haveexhausledallfundslegallyavailableforthepaymentof Lease Paymentsand LeaseCharges. Ifyou
terminate a Lease as a result of a Non-Appropriation, you may not purchase, lease or rent any equipment that
pwrWmsfunctionssimilartolhosepwformed bytheEquipmentforapoftwte(l2) mthsfdbwing &date
oftermination. ThisSection 14shallnotpermityoutoterminateanyLeaseinordertoacquireanyotherEquipment
ortoallocatefundsdirectlywindirecnytoperfon essentiallytheapplicationforwhich the Equipment is intended.
15. -. Notices must be in writing and will be deemed given 5 days afler mailing to your (orour)
business address. Yourepesentthat (a)yw haveauthoritytoenlerintotheLeaseand bysodoing youwillnot
ORWRRATICN OFTHE INSURANCE THECOSTSOFTHE INSURANCEMAYBEADDEDTOYOURTOTAL
violate my lawaagrement @)the Lease k signed byywravmorhed Omeeror agent acting wim the bl
mmizaimofyans0vwninsbodyandholding them indicated bdowsuchwsaagenrssigMhKe: (c)
heLease,anydaxnnentsd~~me~~oft~Equ~tanda~~~tsrequiredtobe
delivered in camectron with the Lease (cdktively, the ‘Documents”) have been duly avmorized, executed and
delivered by you in accordancewith all applicable laws, rules, ordinances and regulatbns; (d) the Equipment is
essentialtotheimmediate~~ofagwemmntalorproprietaty~byyouwilhimthe~peof~
aulhMityand shallbeusedduring the LeaseTermonlyto perform such fu~; (@you hlmd towW Equipnen(
fcrtheentireLe~Termandshalltakeallnecffsaty~toincludeinyovrannualbudgetanyfundsrequired
tofuffillyourobligathsforeachfiscalyearduringtheLeaseTm; (9yw havempliedfullywith allapplicabk
law governing open meetings, public bidding and appropriations required in meCton with the Lease and the
acquisitnnoftheEquipment; (g)yourobligationtoremitLeasePaymenkundwthe Leaseamstitulesacurrent
expenseand notadebtunderapplilestate~ (h)noptwisimoflhiis Leaseconstitutesapledgeofyourtax
orgenwalrwenues,andanypnvisionwhichissoconsbuedbyaawrtofmpetentjurisdiCfion isvddfromthe
inception ofthe Lease; (i) all Lease Paymentsdueand tobecomeduedwhg yourcunentfiscal yeararewitbmthe
fiscal budget of such year; and are included within an unrestricted and unencumbered appropriation currently
available for the lease (N lease/purchase of the Equipment; and 0) all finanaal infwmatiin you have pwided lo
us is accurate and mplete and fairly represents your financial condition. The Lease is the entire agreement
betweenus,andcannotberodifiedexceptbyanothwdocumentsgnedbyus. TheLeaseisbindingonyouand
yoursuccessorsandassigns.Yw auMorizeuswwragentto:(l)obtaincredlrepomandmakecreditinguiries;
(2)fumishpayment histotytomditreportingagencies; and (3)beyourattomey-m-factfwthesdeplrposeof
signing UCC financing statements. Any claim you have against us must be madewithin hno (2) years after the event which caused it If a awrtfindsany provision ofthe Leaseto be unenfwceable, all otherlerms shall remain
in effect and enforceable. You authorize us to insettor cured missing information on the Lease, induding ywr
proper legal name, serial numbers and any other informath desaibing the Equipment If you so request, and we
permntheeadyterminatiiofaScheduIe,you agreeto pay akefwsuch privi!ege THE PARTIESINTENDTHIS
TO BEAUFINANCE LEASE” UNDERARTICLEUOFTHE UNIFORMCOMMERCIALCODE (“UCC”). YOU
WANEALLRIGKTSANDREMEDIESCONRRREDUPONALESSEE BY ARTICLEUOFTHEUCC.
16. m. In thecaseofa $1 Lease, you understand thatthe Equipment may bepurchasedfwcash (me
‘Equipment Cost”)oritmay be purchased pnsuantto the LeasefMa Time Prke qualbthe Lease Paymenttimes
lhenumberofkasePaymenk, plustheDocumentFee,allassetforthonaSchedule, plusthe RrchaseOption
amount, and byexmtingtheleaseyou havechosentopurchasethe EquipmentforthatTimePkx.
17. Each LeasePaymentindudesapartofwrinvestmentmtheEquipmentCostad
a return on our investment in the Lease. Thetotd return mour irneWent(theIota1fnrancecharge) isdebmhed
by mukiplying the Lease Payment times the numberof Lease Payments, then adding the Document Fee and
Purchase @tiion amount (all as set forth on each Schedule), then dedmting the Equipment Cost (as detennined
above). Thedifferencesodeterminedistheretumtousonourinvestment(~~a1finmch~). Therateof
return (flnance rate) may be determined by deducting the Security Deposit from the Equipment cost, and then
a~totheamountsodetermined,therill~thata~nt~tothePurchase~arowrt
byapplyingaspayments,theLeasePaymentsandtheDocumentFee. Forpurposesofthatamortiition,each
LeasePaymentindudingtheAdvamPaymentwillbeconsideredreceivedonthedateitirequiredto~~
underthe LeaseandtheDocument FeewillbeaxlsideredreceivedonthedateoftheLease.
18. YOVRREPRESEMATK)NS. Yw hereby represent and warrant tousthatasofthedatedtMs Lease, ad
mrwghout theLeaseTen:(a)ywaretheentityindicatedintheLeaseasLessee;@)youarea~aaMly
constitutdpoliticalsubdivisiionoragencyoftheStateinwhiichyouarebcated; (c)youaredulyorganizeda-d
existing under the laws of the ConsMution and laws of the State in which you are Wed; (d) yw are authorized
to enter intoand carry out your obligations underthe Lease, any documents dative to the acquisition ofthe
Equipment and any otherdocuments required to bedelivered in connection with the Lease (collectively, the
‘Documen&”); (e)theDocumenk havebeendulyauthorized,executedanddekeredtoyouinaccordancewith
al applicable laws. rules, ordinances and regulations. The Documents are valii, legal, and binding agreements,
enforceableinaccMdancewiththeirtwms. Theperson(s)sgningthe~khavethe~~todoso,are
actingwiththefullauthorizationdywrgweming~y,~ holdthecespecSveomcesindicatedbeloweachof
their signatures, each of which are genuine; (9 the Equipment is essential lo the immediate performanceofa
govwnmental orpcpietaryfuncfion by you within thescopeof your authority and shall be used during theenlire
LeaseTermonlyto perform such function; (9) you intend to use the Equipmentfwtheentire LeaseTerm and shall
take al necessary action to hcMe m yowannual budgetaryfunds required tofuffil ywrotdgationsforeach Wal
yearduringtheLeaseTerm; (h)you havempli~fullywithailapplicaMelawgovernmgopenmeetings, pubk
biddings and appropriations required in connectim with the Lease and Me acquisition ofthe Equipment; (i) your
obligatmstoremitLeasePaymentsconsftuteacurrentexpenseandnotadebtunderappliicableStateI~. No
provision of the Lease constitutes a pMge of your tax or general revenues, and any provision which is so
wnstruedbyaaxlrtofcanpetentjurisdictionis~~thei~tionoftheLease;(j)allpaymentsdueandto
becomedueduring yourcunentfiscal yeararewithin the fiscal budgetofsuch year, and are includedwithinan
unresW and unencumbered appopria60namentlyavailable fofthekaselprrchaseofthe Equipment (k) you
shallnotdoorcausetobedoneanyactwhichshallcause,wbyomissionofanyactallow,theinterest~
ofany Lease paymenttobecomeincluded in ourgrossincomeforFederalimxMletaxatiw1plrposunderthe
Federal Income Tax Code (the ‘Code”); (I) you shall maintain a complete and accurate record of any and ail
assgnmenkofthe lease m thekxmsuRcRnt~amplywith the bookenby requirementsof Seth 149(a)oflhe
Code and the regulations prescribed thereunder from time to time; (m) you shall comply with the information
reporting requirements of Section 149(e) of the Code. Such mpliam shall include but not be limited to, Me
executnn of 80386 or8038-GC Informath Returns; (n) all financial infwmah that you have provkied to us is
true and mrate and provides a gad representation of your financial condition; (0) the Equipnent is personal
property and when subjected to use by the you as Lessee will not be or become a fixture under applicable law;
and (p) the Equipnentshall be used for businessormmerdal purposesonly, and notfwconsumer, home, family
oragkultural purposes.
19. ThiiSectknoanbolsaverHeryoMapatdbkMaslerAgreemartadora
allotherdocumentsnoworlaterprtainingtotheLease. WebothintendtommplywithallapplicaMelaws. In
noeventwiii wechargeorrollectanyamountsinexcessofthoseallowed byappkaMelaw. Anypartofmi
MasterAgreementthataxlld,butfw~SectDn,bereadunderanya~stancetoallon,forachargehgher~
that allowable under any applicable legal limit, is limited and modified by this Section to limit the amounts
chargeable under the Lease to the maximum amnt allowed under the legal limit. If in any circumstance, any
amountinexcessofthatallowed bylawischargedorreceived,anysuchchargewillbedeemedlimitedbythe
amountlegallyallowedandanyamountrecewedbyusinexcessofthatlegallyallowedwillbeappliedbyusto
thepaymentofamountslegailyowed undertheLease,orrefundedtoyw.
Page 2 of 2 TWO 1624(~)-SLG 02/03
Financing
SLG Municipal Pricing Lease Schedule #
Master Lease Agreement #
Equipment Model & Description
I Equipment Location (ifdifferent from Billing Address)
I N- I
Address
City SMe Zip
I
“Master Agreement” shall mean the above referenced Master Lease Agreement.
“Schedule” shall mean this Lease Schedule. “Lease” shall mean this Schedule
and the Master Agreement.
YOU HAVE SELECTEDTHE EQUIPMENT. YOU AREAWARE OFTHE NAME OFTHE MANU-
FACTURER OF EACH ITEM OF EQUIPMENTANDYOU WILLCONTACT EACH MANUFAC-
TURER FOR A DESCRIPTION OF YOUR WARRANTY RIGHTS. WE MAKE NO WARRAN-
TIES TO YOU, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE. WE PROVIDE THE EQUIPMENT
AGES.
EXCEPT AS PROVIDED IN SECTION 3 YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE
AND UNCONDITIONAL AND ARE NOT SUBJECT TO CANCELLATION, REDUCTION OR
SETOFF FOR ANY REASON WHATSOEVER BOTH PARTIESAGREETO WANE ALLRIGHTS
TO A JURY TRIAL.
ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE MASTER AGREEMENT ARE
HEREBY INCORPORATED INTO THIS SCHEDULE. BY SIGNING THIS SCHEDULE,YOU
AGREE TO THE TERMS OF THIS SCHEDULE AND THE MASTER AGREEMENT. ORAL
AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR
FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR
DERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH
SNESTATEMENTOFTHEAGREEMENTBETWEENUS. EXCEPTAS WE MAY LATERAGREE
IN WRITING TO MODIFY IT.
TO YOU AS-IS. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAM-
RENEWSUCH DEBTARE NOT ENFORCEABLE.TO PROTECTYOU ANDUS FROM MISUN-
MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLU-
I
Address of Lessor
By:
Name:
Title:
Date:
Serial Number
Contracted Hours (FMV only)
o-600 601-900 901-1200
0 Fair Market Value
0 $1 .oo ‘LEASE RATE % (Must CompleteforGA, MD, NH, NM, WI)
“LEASE R~TE FACTOR (MustCompleteforallo(herstates)
(‘required only for S1.M) purchase option)
(plus applicable taxes)
Sales Tax Term months
Equipment Purchase Price $
Total Purchase Price $
Billing Period (monthly if not checked)
The following additional payments aredueon thedate this Agreement is signed by you:
0 Monthly 0 Quarterly 0 Semi-Annually Annually
SECURITY DEPOSIT $
ADVANCE PAYMENT **$ “Applied to:[I)first nlast
(plus applicable taxes)
DOCUMENT FEE $250.00 (included on first invoice)
Full Legal Name
CnV state ZP
Contact Name Phone EmailAddress
By: X
Name:
Title:
Signahme of Aumaized Signer
Please print
Fed Tax ID
Date of SianahJre
Date:
1
For Supplier Use Only s
0 Invoice 0 Delivery and Acceptance 0 UCC Financing Statements 0
0 Tax Exemption Certificate 0 Opinion of Counsel 0 Amendment (for certain states) U
0 Certificate of Insurance 0 Assignment 0 Certif of IncumbencylResolution 7
0 Other 0 Other e Page of 1 e
‘0 Q c
v)
0
(v
ul
Documentation Checklist:: Other supporting documents as requested:
0 Purchase Order 0 Copy of Bid and Award 0 Copy of Board Minutes -
Lessor:
DELIVERY AND ACCEPTANCE NOTICE
Lease Agreement No.
Lessee:
Equipment
0 Lessee shall pay Lessor at the office of Lessor, or at such other place as Lessor may hereafter designate,
such amounts as set forth on such Lessee’s individual lease schedule in connection with the Lease number
set forth above commencing upon delivery of the leased equipment and on the first day of each
consecutive month thereafter for a period of time as set forth in such Lessee’s individual lease schedule.
ACCEPTANCE NOTICE
As evidenced by this Equipment Acceptance Notice, we acknowledge receipt, in good condition and satisfactory
installation, all of the items described above and certify that Lessor has fully and satisfactorily performed each,
every and all covenants and conditions to be performed by it under the Lease Agreement between Lessor and
Lessee. We authorize you to pay the supplier for the equipment, supplies, andlor independent maintenance
agreement(s).
We accept the above-mentioned equipment, programmed or not programmed (if applicable), and waive insofar as
Lessor and its assignees are concerned any reservations as to condition, correctness, capability or capacity of the
equipment or associated software or the equipment and software in conjunction, and understand that any
shortcomings in the equipment, its operation or programming, without reservation, will not be grounds for
withholding of any payments due or to become due under the aforementioned lease.
The equipment described herein is not being accepted on a trial basis. In the event decal or metal plates have
been supplied, they have been affixed.
WE AGREE THAT THE LEASE BETWEEN LESSOR AND LESSEE IS THE ONLY LEASE, SALE OR FINANCE ARRANGEMENT
THAT WE HAVE ENTERED INTO FOR THIS EQUIPMENT, AND WE ACKNOWLEDGE THAT THE LESSOR IS NOT AN
AGENT OF THE VENDOR (EQUIPMENT SUPPLIER) NOR IS THE VENDOR THE AGENT OF THE LESSOR.
LESSEE:
TITLE: x
INSTALLATION DATE: X
Lessee’s acknowledgement of receipt of equipment
Financing
END-OF-TERM RETURN CONDITIONS RIDER
THIS END-OF-TERM RETURN CONDITIONS RIDER (this ‘Rider“\ is made affective as of by and
between -I‘ Lessor ”) and - (“Lessee”). Lessor and
Lessee are parties to a certain Lease Schedule No.
(the Lease”) pursuant to which Lessee has elected a FMV end-of-term purchase option with respect to the
Equipment described in that Lease. All capitalized terms used in this Rider which are not otherwise defined herein
will have the meanings given to such terms in the Lease.
dated as of
1. END-OF TERM RETURN.
(a) With respect to the Equipment described in the Lease, you agree that if you do not exercise your end-of-
term FMV purchase option you will, at your cost, immediately return to us all, but not less than all, of that
Equipment upon expiration of the Lease and pursuant to the terms and conditions set forth in the Lease.
(b) You further agree that each item of Equipment upon return will comply with the following: (1) all
components, covers, guards, parts, accessories and attachments for that item of Equipment must accompany the
return properly installed, in good working order and with -- only minor sheet metal, plastic or cowling damage; (2) all
safety equipment must be in proper working order; (3) all motors must operate smoothly without overheating,
leaking, excessive smoking and with all original components attached (Le.) muffler, starter, etc.); (4) all controls,
whether electronic, hydraulic, or manual, must operate per manufacturer’s specifications; (5) all electrical systems
must function per manufacturer’s specifications; (6) all batteries must be in good, clean operating condition Mith no
dead cells or cracked cases capable of passing a load test; (7) all tires must be serviceable, with at least 50%
remaining tread, and able to retain proper air pressure, and without repair patches; (8) all oil and grease seals must
contain the lubrication within the manufacturer’s designed reservoir; (9) all Equipment must have a relatively clean
appearance; (1 0) all Equipment must have no excessive wear requiring material component repair or replacement
resulting from a failure to perform the recommended maintenance per the customer operationlmaintenance manual
furnished with each item of Equipment; (1 1) all Equipment must have no structural damage, including bent frames;
and (12) all hydraulic cylinders must be functional and not be bent, nicked, gouged or leaking. Additionally, each
item of Equipment must upon return: (i) operate normally in all directions through all speed ranges or gears; (ii)
steer normally right and left in all directions; (iii) have all functions and controls working in normal manner; (iv) be
able to stop with its service brakes in a safe distance in all directions; (v) operate without leaking any fluids; (vi)
perform its designed functions in manner satisfactory to us; and (vii) all cutting units lower, turn on, run, raise and
shut off as they are designed to do.
(c) With respect to any item of Equipment subject to an annual hour usage limitation as set forth in the Lease,
you will also pay to us for excessive use an amount equal to (1) the total number of hours of use in excess of such
annual hour limitation times (2) at the following applicable rate:
(9 $3 ne r hourfor any Groundsmaster 200’s, 300’s, 3000, 3500-D, 4000-D, 4500-D, 4700-D, 455-D or
580-D, Hydroject 3000, Sand Pro 2020,3020 or 5020 or Greensmaster 500, Flex 21,800, 1000 or 1600 models;
(ii) $7 Der hour for any Greensmaster 3050, 3100, 3150 or 3250, Reelmaster 2000 or 3100-D, MultiPro
1200, 1250,5500 or 5600 or Workman 1100,2100,2110, 3100, 3200, 3300,4200 or 4300 models; or
(iii) $70 Der hourfor any Reelmaster 4000-D, 5200-D, 5400-D, 5500-D, 6500-D or 6700-D models.
2. FAILURE TO MEET RETURN CONDITIONS. If any item of Equipment does not meet the foregoing return
conditions, you will pay to us all reasonable amounts, as we or our agent determines, necessary to bring such item
of Equipment into compliance with such conditions.
3. REQUIRED PURCHASE. If with respect to any item of Equipment, you fail to discharge your obligations set
forth in Section 2 you will pay to us, immediately upon demand, the Fair Market Value ipplicable to such item of
Equipment.
Tor0 Rider.doc 11 /I 2/02 1 of2 Tor0 Rider 95005.doc
4. MISCELLANEOUS. This Rider constitutes a part of the Lease and as such is subject to all terms and
conditions set forth therein; provided, however, that if there is a conflict between the terms and conditions of the
Rider and of the Lease, the terms and conditions of this Rider will control.
This Rider is hereby signed by duly authorized representatives of Lessor and Lessee as of the date of the Lease.
(Lessor) (Lessee)
Name:
Title:
95005.doc (3/02)
Name:
Title:
Toro Rider.doc 11 DUO2 2 of2 Toro Rider 95005.doc
To Be Completed and Returned with Signed Lease Agreement
Lease Application Number:
Lessee Name:
Address:
City, State, Zip:
PROPERTY INSURANCE CARRIER INFORMATION
Agency Name:
Agent:
Address:
City, State, Zip:
Telephone Number:
LIABILITY INSURANCE CARRIER INFORMATION
Agency Name:
Agent:
Address:
City, State, Zip:
Telephone Number:
IMPORTANT
Under the terms and conditions of your Lease Agreement, you are required to carry adequate insurance
coverage on the leased equipment. Make sure that your agent understands that you are financing or leasing the
equipment and that your policy conforms with the following: .
1. Property or physical damage coverage for the replacement cost value of the equipment of the stipulated
casualty value, whichever is higher. Maximum Deductible: $1,000.00
2. General Liability Coverage of $1,000,000 unless stipulated otherwise. Maximum Deductible: $1 .OOO.OO
3. Additional InsuredLoss Payee Endorsement naming
its successors and assignees as Loss Payees
4. Thirty (30) Days written notice of cancellation.
5. Equipment listed on, or schedule attached to, the Certificate.
Insurance Inquires should be made to Customer Service at 1-800-533-9917. Please mail a Certificate of
Insurance demonstrating adequate coverage to:
rev. 9/99
NAME
ADDRESS
CITY, ST ZIP
ATTENTION
NAME
ADDRESS
CITY, ST ZIP
ATTENTION
TO BE COMPLETED AND RETURNED WITH SIGNED LEASE AGREEMENT
Lease Agreement No.
SHIP TO:
BILL TO:
(If different than SHIP TO address)
FEDERAL TAX ID #
VERIFICATION INFORMATION:
CONTACT NAME AND PHONE NUMBER:
BEST TIME TO REACH:
rev. 9/99
Fiscal Funding Agreement
ADDENDUM to Lease Agreement No. andlor Purchase Order between
(Lessor) and
(Lessee)
Customer PO# :
Equipment Description
0
The above described Lessee (“Lessee”) warrants that appropriate funds are available to pay rental amounts and
other amounts due or to become due under the Lease (“Lease Payments”) during its current fiscal period.
If during any fiscal period of Lessee its legislative or governing authority does not appropriate sufficient
funds to pay all Lease Payments during the succeeding fiscal period, the Lease shall terminate and be cancelled at
the end of such current fiscal period, and Lessee shall immediately, upon the expiration of such current fiscal
period, surrender possession of the above described equipment (the “Equipment”). The obligation of Lessee to
make all Lease Payments for which funds have been appropriated shall survive termination of the Lease due to an
act of non-appropriation. Lessee shall provide Manufacturer and Dealer Services, LLC with written notice of any
act of non-appropriation and consequent non-availability of funds sixty (60) calendar days prior to the end of the
then current fiscal period for which funds are available.
During the succeeding fiscal period following termination of the Lease due to an act of non-appropriation, Lessee 0
agrees, to the extent permitted by the laws of its State (“State Laws”), not to purchase, lease, rent, or otherwise acquire C
property or services to perform the same functions as the leased property, or agrees, to the extent permitted by State 0
Laws, not to permit such functions to be performed by any agency or entity affiliated with or hired by Lessee; however, I
these restrictions shall not apply to the extent that application would affect the validity of the Lease under State Laws.
(LESSEE)
BY: BY:
PRINT NAME: PRINT NAME:
TITLE: TITLE:
DATE: DATE:
rev. 9/99
CERTIFICATE OF INCUMBENCY AND AUTHORITY
1, do hereby certify that (1) I am the duly elected, qualified and
acting (Assistant) Secretary of ,a Corporation;
(2) the persons whose names, titles and signatures appear below are duly elected (or appointed), qualified
and acting officers of said Corporation and hold on the date of this Certificate the offices set opposite their
respective names and the signatures of each such officer is genuine; (3) each of such officers is duly
authorized for and on behalf of said Corporation to execute and deliver any Equipment Lease Agreement
between said Corporation and (“Lessor“), and all agreements, documents, and
instruments in connection therewith, including without limitation, lease schedules and delivery and
acceptance certificates (collectively, the “Lease”), and (4) the execution and delivery of the Lease for and on
behalf of said Corporation is not prohibited by or in any manner restricted by the terms of said Corporation’s
Certificate of Incorporation, its by-laws or of any loan agreement, indenture or contract to which said
Corporation is a party of under which it is bound. I do further certify that the foregoing authority shall remain
in full force and effect, and Lessor (and any assignee of Lessor) shall be entitled to rely upon same, until
written notice of the modification, rescission or revocation of same, in whole or in part, has been delivered to
Lessor, but in any event, shall be effective with respect to any documents executed or actions taken in
reliance upon the foregoing authority prior to the delivery to Lessor of said written notice of said modification,
rescission or revocation.
NAME TITLE SI GNAW RE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation
this day of 9 20 -.
(Assistant Secretary)
64001 .doc
GE CAPITAL VFS INVOBCE
PO Box 828 Chicago, Illinois 60680-2585
Lease Agreement No.
Date Invoice Number Lease Number
PAYMENT DUE UPON RECEIPT OF INVOICE
Eauipment DescriDtion
INVOICE FOR ADVANCE PAYMENT(S) DUE UNDER THE LEASE CONTRACT FOR THE
ABOVE EQUIPMENT IN THE TOTAL AMOUNT OF $
Advance Pavment(s) $
Tax at YO $
YOUR PO NUMBER (if any):
PLEASE SEND ALL DOCUMENTS TO:
GE CAPITAL CORPORATION / VFS
3000 LAKESIDE DRIVE
BANNOCKBURN, IL 60015
TO ENSURE PROPER CREDIT, SEND PAYMENT MADE PAYABLE TO : GE CAPITAL CORP.
WITH INVOICE STUB ALONG WITH OTHER DOCUMENTS
TOTAL DUE:\ $
INVOICE DATE : LEASE SCHEDULE NUMBER
MAINTENANCE: $
TOTAL USE TAX $
TOTAL PAYMENT: $
LESSEE BILLING ADDRESS:
Exhibit A
Lease Agreement No .:
The following is incomorated into the EauiDment Descrbtion section of the Lease between
and
Equipment Description
Lessee:
Date:
rev. 9/99
bsential Use Audit **WHO AMI WHENI CALL? GE? DEALER? MFGRP"
Is any equipment to be leased replacing any existing equipment? [ ] Yes [ ] No (If No, proceed to question 3)
What percentage of the equipment to be leased is replacement? %
[ 3 1-3 yrs [ ] 3-5 yrs [ 3 5+yrs How long was the existing equipment in use?
Why is the existing equipment being replaced?
What will be done with the replaced equipment?
For what purpose is the equipment being acquired? (Provide detail if possible.)
[ ] Educational Use (Such as Schools or Universities)
[ ] Administrative Use (Such as State or County Offices)
[ ] Outdoor Use (Such as Golf Course or Public Common Areas)
[ ] Other Use
Was the equipment/lease placed for competitive bid? [ ] Yes [ ] No
If No, why was a bid not required?
[ ] Covered under state contract (Contract name and #
[ ] Size of transaction does not require competitive bid (What documentation
[ ] Transaction exempt from bidding process pursuant to current statutes (statute #
(Please attach copy of statute if available)
[ ] Other
)
)
)
What is the source of funds for repayment of this obligation?
[ ] Local Property Taxes
[ ] State Unrestricted Revenues
[ ] Federal Financial Assistance
[ ] Chapter I
[ ] Chapter I1
[ ] Other
[ ] Other
Are the funds to be used for repayment of this obligation appropriated and encumbered in an approved budget? [ ] Yes [ ] NO
If No, why is the obligation not included in an approved budget?
Why do you expect funds to continue to be appropriated in the future for repayment of this obligation?
To the best of your knowledge, have you ever non-appropriated funds in the past? [ ] Yes [ ] No
If Yes, please provide details
Please clarify legal name of proposed lessee?
Will a Purchase Order be issued for this transaction?
Is a Purchase Order # required on the Invoice for prompt payment?
Completed By:
Signature Title Printed Name Phone
(If Vendor does not wish us to make the contact, an authori:ed signer for the Lease must sign this Essential Use Audit document. We reserve the right to make an follow up call
to clarifi any questions.)
TOR0 SLG Essential Use (2)
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 201 1
Resolution 3, 2011
SubjectlAgenda Item: Agreement with Ergoflex Systems, Inc. (d/b/a Xybix Systems, Inc.)
for dispatch console furniture for the future Emergency Operations and Communications
Center (EOCC)
[XI Recommendation to APPROVE
1 Recommendation to DENY -
Reviewed by:
Finance /#i$istrator L Allan Owens
Submitted by:
Department Director
F Stephen (/Stepp ‘
Approved by:
Originating Dept.:
Police
Colonel Ernie Carr
Advertised: NA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ ] Not required
Costs: $1 50.262
(Total)
$1 50,262
Current FY
Funding Source:
[ ]Operating
[x ] Other Impact Fund
Reimbursable by 91 1
Palm Beach County
Emergency
Management
Budget Acct.#:
302.1000.521.6900
POLO1 12
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 03, 201 1
Agreement with
Ergoflex Systems,
Inc. (d/b/a Xybix
Systems, Inc.)
- Exhibit “A
Meeting Date: January 6, 201 1
Resolution 3, 2011
Page 2 of 2
BACKGROUND: As part of the new Emergency Operations and Communications Center
(EOCC), which is under construction, a new consolidated dispatch operations center is
proposed as part of this project. The dispatch center will accommodate the City of Palm
Beach Gardens, the Town of Jupiter, and the Town of Juno Beach, and will provide work
space for the additional personnel for dispatch operations for the three (3) municipalities.
Console equipment (furniture) is required for the dispatch center. Four (4) vendors of
console equipment were contacted to provide configurations and pricing to accommodate
the work area of the new center. Documents from the vendors were reviewed for
operational functionality and design and efficiency of layout for the area to be occupied.
Staff reviewed all documents that were received, and several site visits were made to
inspect furniture and layouts at other dispatch centers. It was determined that Ergoflex
Systems, Inc. (d/b/a Xybix Systems, Inc.) was the best vendor for the City’s needs since
their configuration and console layout was the most effective for dispatching operation.
Procurement for the selected vendor’s quote is being achieved through piggybacking off of
the Marion County RFP #I OP-075.
The cost of the console furniture is $1 50,262, which is 100% reimbursable by Palm Beach
County 91 1 Emergency Management. Palm Beach County Emergency Management is in
charge of all public safety answering positions (PSAP) in Palm Beach County.
Reimbursement comes from the telephone surcharge that has been in place for
approximately 20 years. The monies from this surcharge were set up by design to pay for
the operation and maintenance of PSAP charges throughout the County on an annual
basis. This is set by the County’s budget and orchestrated into the City’s budget by our
Finance Department. Reimbursement of the console costs has been approved by Palm
Beach County Emergency Management and has been made part of the funding of the
EOCC budget.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 3, 201 1 as
presented.
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RESOLUTION 3,2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
ERGOFLEX SYSTEMS, INC. (D/B/A XYBIX SYSTEMS, INC.) FOR
THE PURCHASE AND INSTALLATION OF DISPATCH AND
COMMUNICATIONS WORKSTATIONS FOR THE EMERGENCY
OPERATIONS AND COMMUNICATIONS CENTER VIA AN
COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
EXISTING RFP (NO. IOP-075) AND CONTRACT WITH MARION
WHEREAS, the City of Palm Beach Gardens desires to purchase dispatch
console workstations to be located in the City’s future Emergency Operations and
Communications Center; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback” an agreement awarded to another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City desires to enter into a piggyback agreement for the
purchase and installation of dispatch and communications workstations from Ergoflex
Systems, Inc. (d/b/a Xybix Systems, Inc.), attached hereto and incorporated herein as
Exhibit “A; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
approves the Agreement with Ergoflex Systems, Inc. (d/b/a Xybix Systems, Inc.) for the
purchase and installation of dispatch and communications workstations based upon an
existing contract with Marion County, Florida (RFP IOP-075) for an amount of
$150,262.00 and authorizes the Mayor to execute said Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Resolution 3,201 1
PASSED AND ADOPTED this day of , 2011.
CITY OF PALM BEACH GARDENS, FLORIDA
OV.
David Levy, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
OV.
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER TINSLEY
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONSEOl l\Resolution 3 201 1 - dispatch console.docx
2
EXHIBIT “A”
AGREEMENT BETWEEN
THE CITY OF PALM BEACH GARDENS, FLORIDA
AND
ERGOFLEX SYSTEMS, INC. (d/b/a Xybix Systems, Inc.)
This Agreement is made and entered into this - day of January, 201 1, by and between
ERGOFLEX SYSTEMS, INC. (d/b/a Xybix Systems, Inc.), a foreign corporation registered to
do business in the State of Florida, with offices located at 8207 Southpark Circle, Littleton,
Colorado, 80 120, hereinafter referred to as “Contractor”, and CITY OF PALM BEACH
GARDENS, FLORIDA, a municipal corporation, with offices located at 10500 North Military
Trail, Palm Beach Gardens, Florida 33410, hereinafter referred to as “City”.
Ill WITNESSETH 111
The City and Contractor, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and value of which are hereby acknowledged
by both parties, hereby agree as follows:
1. The City and Contractor both hereby agree to enter into an agreement for the purchase
and installation of dispatch and communications console furniture and accessories at the
City’s Emergency Operations and Communications Center (EOCC) within the City of
Palm Beach Gardens. This Agreement will commence on the effective date written
above.
Unless otherwise amended herein, all the terms and conditions of this Agreement shall be
the terms and conditions as set forth in the Marion County Request for Proposals (RFP
#lOP-075), the Contractor’s fully executed Response to the RFP, and the Agreement
between Marion County, Florida and the Contractor, attached hereto and incorporated
herein as Exhibit “A”, the Contractor’s Quote to Palm Beach Gardens dated December
16, 2010, attached hereto and incorporated herein as Exhibit “B”, and all insurance
documents required thereby, the fully executed Public Entities Crime Affidavit, and any
other materials required pursuant to the RFP documents, attached hereto and incorporated
herein as Exhibit “C”. Both parties hereby agree and acknowledge that this two (2) page
Agreement, together with Exhibits A, B, and C shall constitute the entire Agreement.
The terms or conditions set forth in this two (2) page Agreement shall supersede any
conflicting terms and conditions set forth in Exhibits A, B, or C.
Notice as required in the Agreement documents shall be sufficient when sent by certified
mail or hand delivered to the parties at the following addresses:
2.
3.
Contractor
City of Palm Beach Gardens Ergoflex Systems, Inc.
Attn: Ron Ferris, City Manager (d/b/a Xybix Systems, Inc.)
10500 N. Military Trail Attn: Kenneth R. Carson
Palm Beach Gardens, Florida 33410 8207 Southpark Circle
Littleton, Colorado, 80120
Page 1 of2
4.
5.
6.
7.
8.
9.
The Contractor shall deliver all equipment and perform all work in accordance with
Exhibits A, B, and C for the amount of one hundred fifty thousand two hundred sixty-two
dollars and zero cents ($150,262.00), which shall be paid to the Contractor upon
completion of the services described herein.
This Agreement shall become effective on the date above first written; however,
installation at the site shall not commence until the City issues a Notice to Proceed
(NTP). Anticipated issuance date of NTP is between January 7 and January 3 1,20 11.
The Contractor agrees to substantially complete installation within six (6) weeks of the
date of NTP issuance and to achieve final completion within eight (8) weeks of NTP
issuance. Completion timeframe may be revised by mutual written agreement of the
parties. Specific authority is hereby granted to the City Manager, or his designee, to
amend the timeframe on behalf of the City. It is specifically acknowledged by the parties
that time is of the essence in this Agreement.
This Agreement may be terminated by the City, with or without cause, upon thirty (30)
days' prior written notice to the Contractor. Unless the Contractor is in breach of this
Agreement, the Contractor shall be paid for materials provided and services rendered to
the City's reasonable satisfaction through the date of termination.
This Agreement shall be construed in accordance with the laws of the State of Florida.
Should any dispute arise from this Agreement, venue shall lie in Palm Beach County,
Florida.
This two (2) page Agreement, along with all other documents referred to in paragraph 2.
above, constitute the entire agreement between the parties; no modification shall be made
to this Agreement unless such modification is in writing, agreed to by both parties, and
attached hereto as an addendum to this Agreement.
ERGOFLEX SYSTEMS, INC., d/b/a XYBIX
WITNESSES: SYSTEMS, INC.
By:
Barry R. Carson, President
(CORPORATE SEAL)
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
R. Max Lohman, City Attorney
CITY OF PALM BEACH GARDENS, FLORIDA
By:
David Levy, Mayor
G:\attorney-shareMGREEMENTSEOCC Console Furniture Piggyback Agmt - Ergoflex-Xybix-20 1 O.doc
Page 2 of 2
EXHIBIT “A”
Marion County
Board of County Commissioners
Procurement Services Department
Susan Olsen, Director
25 11 SE 3rd Street, Ocala, FL 34471
Phone (352) 671-8444 -Fax (352) 671-8451
Request for Proposals to Provide:
Dispatch Console Furniture for 9-1-1 Communication Center Use
RF'P# 1OP-075
Dear Vendor;
Thank you for your interest in doing business with the Marion County Board of County Commissioners.
Currently, we are requesting Proposals to provide support for the County's Public Safety
Communications Department's 9-1-1 Management Division. Listed below is pertinent information
regarding this Request for Proposals:
RFP Number: 1OP-075
Due Date: January 21,2010 -4:OO PM at the
Marion County Procurement Services Department
25 1 1 SE 3rd Street, Ocala, F1 34471
Pre-Proposal (Non-Mandatory) Date: January 8,2010 - 8:30 AM at the Marion Co
Sheriffs Office Operations Center-Lobby
(wait for Procurement & 9-1-1 staff to arrive)
692 NW 30" Ave, Ocala, FL 34475
Last Date for Questions: January 18,2010 - 12:OO PM (Noon)
Contract Period (if applicable) Contract will commence upon issuance of Notice to
Proceed and all work shall be completed within 2-4 weeks.
The anticipated timeline for the completed construction of
the new Communication Center is ApriVMay, 2010.
It is the responsibility of contractors who receive this Solicitation from sources other than Marion
County or Demandstar to contact the Procurement Services Department prior to the due date to ensure
any updatedaddenda are received in order to submit a responsible and responsive offer. Not submitting
a complete and accurate document may deem the ofler non-responsive and have your proposal rejected.
Please direct any questions regarding these documents to the Marion County Procurement Services
Department in writing, faxed to (3 52) 67 1-845 1. We look forward to working with you.
Sincerely,
Carrie Lyn Hyde
Procurement and Contract Analyst
Marion County Procurement Services Department
1OP-075 Dispatch Furniture for Comm Center Page 1 of 21
Dispatch Console Furniture for 9-1-1 Communication Center Use
RF'P# 1OP-075
TABLE OF CONTENTS
Marion County Cover Sheet for Request for Proposals ..................
Table of Contents .............................................................
Part 1 . Intent and General Information .....................................
Part 2 . Scope of Services .....................................................
Part 3 . Evaluation Process and Criteria ..........................................
Part 4 . Proposal Documents ..................................................
Proposal Cover Page ................................. Page 15
Addenda Acknowledgment ........................ Page 16
General Conditions .................................. Pages 17- 19
Request for Proposal Certification and
Disclosure of Subcontractors
Subconsultants and Suppliers ............................. Page 20
Drug Free Workdace Certificate .................. Page 2 1
Page 1
Page 2
Pages 3-6
Pages 7-13
Page 14
Pages 15-21
. "
1 OP-075 Dispatch Furniture for Cornrn Center Page 2 of 21
Dispatch Console Furniture for 9-1-1 Communication Center Use
RFP# 1OP-075
Part 1
INTENT AND GENERAL INFORMATION
1.1 REQUEST FOR PROPOSAL:
The Marion County Procurement Services Department on behalf of the Board of County
Commissioners is soliciting letters of interest and statements of proposal to provide Dispatch
Console Furniture for 9-1-1 Communication Center Use. The County of Marion expects that
interested individuals and firms will make every effort to provide a proposal which offers the
required commodity or service. Marion County believes that hiring done through this contract
should, to the maximum extent, be offered to citizens within its boundaries that are unemployed or
seeking work for the first time. To that extent, the firm awarded business under this contract will be
contacted by the Workforce Connection, our regional workforce development board, to discuss
hiring through its staff and services. Your participation with Workforce Connection is not required
as a condition of award, but rather an opportunity for greater support for the community and your
firm in hiring assistance.
1.2 HOW TO SUBMIT A REOUEST FOR PROPOSAL:
An original and three (3) copies (for a total of four (4) copies) of each hardcopy, and one (1)
electronic copy of the entire proposal on a disc, including any samples, literature or other inclusions,
with all required documents having authorized signatures; itemized and included herein, all must be
received in a sealed package prominently marked on the outside with the contact’s name, phone
number, fax number, e-mail address (if applicable), company name, address along with the
project title:
RFP# 1OP-075 - Dispatch Console Furniture for 9-1-1 Communication Center Use
DEADLINE for receipt of submittals in response to this Request for Proposal is January 21,2010 -
4:OO PM. Submittals should be mailed or hand delivered to: Marion County Procurement
Services Department, 2511 SE 3rd Street, Ocala, Florida 34471. Submissions by fax or other
electronic media will not be accepted under any circumstances. Late submissions will not be
accepted, but will be returned to the sender, unopened, at the sender’s expense.
A Selection Committee approved by Administration, and made up of County staff will evaluate and
score the proposals according to the criteria outlined in the RFP.
To ensure fair consideration for all proposers, The County prohibits communication to or with any
department, bureau or employee during the submission process, except as provided in this section.
Additionally, the County prohibits communication initiated by a proposer to any County Official or
employee evaluating or considering the proposals (up to and including the County Administrator
or Board of County Commissioners) before the time an award decision has been made. Any
communication between proposer and the County will be initiated by the Procurement Services staff
in order to obtain information or clarification needed to develop a proper, accurate evaluation of the
proposal. Such communications initiated by a proposer may be grounds for disqualifying the
IOP-075 Dispatch Furniture for Comm Center Page 3 of 21
offending proposer from consideration for award of the proposal and/or any future proposal.
All questions received by 12:OO PM (Noon), January 18,2010, will be considered. Questions will
not be answered over the phone; they must be submitted in writing and faxed to (352) 671-8451.
A Non-Mandatory, Pre-Proposal Conference has been scheduled for January 8,2010 - 8:30 AM,
at the Marion County Sheriffs Office Operations Building, 692 NW 30fh Avenue, Ocala, FL 34475.
Attending the Pre-Proposal Conference is strongly recommended as the project’s scope of work,
site visit and only walkthrough opportunity with a floor plan design, procedures and specifications
will be discussed at this time.
1.3 DOCUMENTS REQUIRED:
The following documents and forms must accompany each offer or alternate offer submitted. Items
marked with an asterisk (*) are included with this package. A proposal returned without these
documents may deem the offer non-responsive. Marion County reserves the right to request
additional information from any vendor prior to award.
Cover Page* - This is to be used as the first page of the RFP. This form must be klly
completed and signed by an authorized officer of the firm submitting.
Table of Contents - The Table of Contents should outline the major areas of the submittal.
All pages, including enclosures, must be clearly and consecutively labeled and/or numbered
and correspond to the Table of Contents. TAB YOUR SECTIONS.
Executive Summary - Provide a brief summary describing the firm’s ability to perform
work requested in this Solicitation, a history of the firm or the firm’s principals’ background
and experience providing services, the qualifications of the firm’s personnel to be assigned to
this project, the subcontractors, subconsultants, and/or suppliers. This summary should be
brief and concise to apprise the County of the basic services offered, experience and
qualifications of the firms, staff, subcontractors, subconsultants, and/or suppliers.
Contents of Statements of Qualification - Submittal must provide documentation that
demonstrates the ability of the firm to satisfy all of the minimum qualifications requirements.
Firms which do not meet the minimum qualification requirements or which fail to provide
supporting documentation and/or affidavits as specified herein will be deemed non-
responsive. Each submittal shall contain a Statement of Qualifications. The Statement of
Qualifications shall include the information required below.
Technical Information - Describe the approach to organization management and the
responsibilities of the management and staff personnel that will perform work on the Project;
describe method employed to ensure prompt service, customer satisfaction, prompt compliant
resolution, effective employee performance and training, and timely initiation and
completion of all work.
Experience, Past Performance, Financial Capabilities, and Litigations - State the number
of years that the firm has been in business, the number of years in business operation under
the firm’s current business name. Any business owner who previously operated a business
under another name must include a description of the previous business. Failure to include
such information may be deemed by the County as intentional misrepresentation, and may
render the submittal non-responsive.
o Provide a detailed description of comparable contracts FOR SIMILAR SIZED
COUNTIES (similar in scope of services to those requested herein) which the firm is
either performing or has completed within the last five (5) years. Describe the firm’s
qualifications and experience in the management of comparable projects in size and
0
Page 4 of 21 1 OP-075 Dispatch Furniture for Comm Center
a
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1.4
a
a
a
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a
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a
scope. The specific role of the firm in any project, which is referred to with regard to
the firm’s experience, shall be described in detail. This information must include:
9 The client name, address, telephone number and the name of a contact person.
9 A description of the performed Work > The contract period and duration
9 A statement or notation as to whether the Firm was a prime Consultant or a
Subconsultant, or supplier.
9 The result of the project
9 List any and all contracts the Firm have performed for the County.
9 List all current projects and projected completion dates.
o Describe any prior or pending litigation or investigation, either civil or criminal,
involving a governmental agency or which may affect the performance of the services
to be rendered herein, in which the Firm, any of its employees, subcontractors, or
subconsultants is or has been involved within the last three (3) years.
o List names and addresses of all first tier subcontractors, subconsultants, or suppliers,
who will perform and/or provide services for the project.
Request for Proposal Certification and Addenda Acknowledgment* - must be signed.
General Conditions* -must be signed.
Disclosure of Subcontractors, Subconsultants, and Supplier* Bids must include a list of
sub-contractors to be utilized for this project. The County reserves the right to accept or
reject any sub-contractor based on past performance, location, or any other grounds that may
conflict with the best interests of Marion County Board of County Commissioners. The
preference of the County is to utilize local sub-contractors; a majority percentage of local
sub-contractors must be utilized for this project. A local sub-contractor is a contractor doing
business out of an established office within the boundaries of Marion County Florida.
Drug Free Workplace Certificate” - A sworn, notarized Drug Free Workplace Certificate
must accompany each proposal or alternate proposal.
PROPOSAL SPECIFICATIONS:
Professional Cover Page - not required, but acceptable. If used, the cover page shall
indicate the name and number of the solicitation. It shall NOT be used as a replacement for
the Proposal Cover Page listed herein. *Cover Page (provided) - This is to be used as the
first page of the RFP. This form must be hlly completed and signed by an authorized officer
of the firm submitting.
One (1) Original Document - shall have original signatures and be clearly noted as
ORIGINAL on the outer cover.
Plus three (3) Complete Copies of Original Document - (copies of original submittal
including any additional materials/enclosures provided) clearly noted COPY on the cover.
Plus one (1) Complete Electronic Copy of Original Document -one (1) CD shall be
provided which includes any samples, literature or other inclusions, with all required
documents having authorized signatures, but shall exclude any financial information if
applicable to this project. When required, financial information must be sent separately in a
sealed envelope and marked “NOT PUBLIC RECORD.” The entireproposal shall be in a
single document, in a .pdf (portable document formaqfile type. The CD shall be labeled
with the firm name, solicitation number, and packaged in a paper or vinyl sleeve ONLY.
Page Limit -None, if not otherwise specified herein this document.
Page Size - 8 ?h x 11; oversized or pullout pages must be folded down to meet this size.
Binding - shall be neat and professional, and appropriate for the document’s thickness.
NO THREE RING BINDERS.
1OP-075 Dispatch Furniture for Comm Center Page 5 of 21
1.5 INSURANCE REOUIRED:
Certificate of Insurability:
The (Other Party) shall provide a Certificate of Insurance, issued by a company authorized to do
business in the State of Florida and with an A.M. Best Company rating of at least B+, showing the
"Marion County Board of County Commissioners" as an Additional Insured. The Procurement
Services Director should be shown as the Certificate Holder, and the Certificate should provide for
30 day cancellation notice to that address. The submittal shall contain proof of any required
insurance(s) including, but not limited to the following:
CommercialKomprehensive General Liability Insurance with an occurrence limit of not
less than $200,000.00. The awarded Firm must maintain this insurance for at least five (5)
years beyond the end of the contract. The awarded firm shall have and maintain during the
period the services are rendered a professional liability insurance policy or policies with a
company or companies authorized to do business in the State of Florida.
If the Commercial General Liability form is used:
Coverage A shall include premises, operations, products and completed operations,
independent contractors, contractual liability covering this contract and broad form property
damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form is used, it shall include, at least Bodily Injury
and Property damage liability for premises, operations, products and completed operations,
independent contractors, and property damage resulting from explosion, collapse or
underground (XCU) exposures
Workers Compensation Insurance for all employees of the vendor as required by Florida
Statute 440, and Employer's Liability limits of not less than $500,000.00 per accident.
Business Auto Liability shall be provided by the Bidder with combined single limits of not
less than $200,000 per occurrence and is to include bodily injury and property damage
liability arising out of operation, maintenance or use of any auto, including owned, non-
owned and hired automobiles and employee non-ownership use.
1 OP-075 Dispatch Furniture for Cornm Center Page 6 of 21
Dispatch Console Furniture for 9-1-1 Communication Center Use
WP# 1OP-075
Part 2
SCOPE OF SERVICE
2.1 OVERVIEW
Marion County is building a new Public Safety Communications Center and desires to obtain
Ergonomic Modular Dispatch Furniture to be installed. All the Departments who are currently
operating in the Sheriffs Office PSAP plan to relocate to this new facility when it becomes
operational. The new County center is expected to receive 9-1-1 calls from across Marion County
and will dispatch the following agencies:
Marion County Fire-Rescue
Marion County Sheriffs Office
Ocala Fire-Rescue
Emergenc! communications console workstations will typicall: be utilized 24 h irs p r day17 days
per week by different employees, with different physical-sizes and needs.
The Workstation System shall be constructed of durable materials that will stand up to the 24-hour
use environment of a Dispatch Center. STANDARD OFFICE FURNITURE WILL NOT BE
ACCEPTABLE IN THIS INSTALLATION.
Services are to include but may not be limited to: hardware, software, installation, training and other
ancillary services as described in this RFP.
Responses will be evaluated on the basis of the “Total Overall Best Value to the County.”
Project Manager: Karl Oltz, Marion County Public Safety Communications Director
2.2 ACCEPTANCE CRITERIA
After the system has been delivered, installed, and tested, written notification of completion shall be
submitted to the County. Upon receipt of written notice of completion, the County shall have a time
period of 60 days of functional service that will signify system acceptance. Major equipment
malfunctions or failures as determined by Marion County will delay acceptance.
2.3 PROPOSAL AWARD
It is the intent of Marion County to award a contract to a single firm who provides the most
responsible and responsive offer meeting specifications, provided the proposal has been submitted in
accordance with the requirements of the proposal documents, and is the best value to the County.
The County shall have the right to waive any informality or irregularity in any proposal(s), which in
its judgment is in its own best interest, and to solicit new proposals as it is deemed to be warranted.
Award will be based on the following (where applicable):
a) Adherence to all conditions and requirements of the proposal specifications
b) Total proposal price (including any discounts), unit proposal price or extended price
c) General reputation and experience of Vendors
d) Evaluation of the Vendor’s ability to service the County
e) Financial responsibility of the Vendor
f) Prior knowledge of an experience with the Vendor in terms of past performance
1OP-075 Dispatch Furniture for Comm Center Page 7 of 21
g) Needs and requirements of the County
h) Experience with the products involved
i) Nature and extent of company data furnished upon request of the County
j) Quantity of merchandise
k) Product appearance, workmanship, finish, taste, feel, and results of any product testing
1) Overall completeness of product line offered
m) Locality in relation to the County, where prompt service may be required
n) Vendor’s ability to meet delivery and stocking requirements
0) Maintenance cost and warranty provisions
2.4 DISPATCH FURNITURE REOUIREMENTS
UPGRADED FUXNITUXE CONFIGURA TION 0 VER VIEW
~ ~~ Respondents shall provide unit pricing for all furniture components to permit the County the
flexibility to add or subtract additional positions as needed. The County seeks to equip four (4)
separate areas of the new center.
A. Supervisory Area
At least three (3) supervisory positions (2-SO and 1-PSC), each capable of holding
up to six (6) computer displays. These consoles will be configured to hold both call
taking and dispatching equipment.
Marion County Sheriffs Office (MCSO)
Eight (8) call taking positions each capable of holding at least six (6) computer
displays.
Four (4) dispatch positions capable of holding at least six (6) computer
displays.
Nine (9) call takinddispatching positions, each capable of holding at least six (6)
computer displays.
D. Ocala Fire Rescue (OFR)
Three (3) call takinddispatch positions capable of holding at least six (6)
computer displays.
B.
C. Public Safety Communications (PSC)
1. All new furniture shall be designed to achieve the highest performance possible for Marion
County today and in the future.
2. It is a requirement for all new furniture to accommodate all of the existing equipment and be
expandable to accommodate fbture needs.
3. All Marion County Emergency Communications Personnel will be required to manage up to
four (4) computers plus additional ancillary rack mount electronics. Furniture shall be
capable of supporting at least six (6) CRT’s on the primary work surface.
4. Respondent shall propose adjustable workstations that allow operators to stand or sit while
they are working.
5. The county will provide a preliminary dispatch floor layout during the Non-Mandatory
Site Visit, for which the vendors may make notes during the visit. AFTER the Site Visit, any
modifications Respondents shall offer solutions that correspond to this general room layout
within the strictures of their particular product lines.
6. Respondents may offer alternative room layouts which will be evaluated by the County.
7. Respondent shall furnish necessary products and services to complete installation of new
dispatch console workstations as specified herein.
IOP-075 Dispatch Furniture for Comm Center Page 8 of 21
INSTALLA TION
1. Installation shall be performed only by factory trained and certified skilled installers.
2. Furniture installation and grounding shall be in accordance with Motorola R56 Standards and
Guidelines for Communications Sites.
3. All products shall be installed to comply with the Americans With Disabilities Act.
VENDOR SUPPORT REQUIREMENTS
The list should include the number of certified support technicians and levels of experience on the
proposed solution.
2.5 COMMUNICATIONS CENTER CONSOLE FURNITURE REOUIREMENTS
CONSOLE MODUURITY
I. The Workstation System must be provided from standard, manufactured items.
2. The Customer shall have the ability to add on to or re-configure workstations at a later date.
3. Panel heights shall be between 24” and 48” for support panels and console walls.
Respondent shall specify the panel heights to be used in their proposed configuration.
4. The system shall be made of primary and secondary, or extension, sections.
ERGONOMICS
1. The CRTMonitor platforms must be adjustable in height electronically.
2. The CRTMonitor platforms must be capable of holding six (6) 19” LCD flat-panel display
monitors.
3. The separate Keyboardflnput platform must be adjustable in height electronically.
4. Cavity storage shall be provided for CPU equipment in an accessible cavity area keeping the
knee space below the consoles unobstructed, to allow dispatchers a full range of movement
to reach necessary equipment.
1.
2.
3.
4.
5.
6.
7.
8.
9.
POWER LIFT BASE
All electrical components shall be UL approved.
Respondent shall describe the lift capacity and the static load capacities of their lift units
Main platform shall be able to manage a static load of at least 350 pounds
Respondent shall describe the full range of motion available from their furniture
Input Platform shall be adjustable and adaptable for a wide range of users in either a seated
or standing position.
Input Platform shall be designed to provide knee clearance in the seated operating position
in accordance with ANSI standards
Knee space shall be free of levers or controls, creating a smooth underside of the work
surfaces.
Unobstructed legroom of 3 1 I’ measured from front edge of keyboard surface is desirable to
allow for variation of seated postures.
Input Platform shall meet or exceed ANSI/HFES standards and ADA requirements for foot
and leg clearance.
10. All adjustments for the input platform and Power Lift base shall be made from the front of
the input platform, and shall be able to be adjusted from either the seated or standing
position with the use of one hand.
1 1. Respondent shall describe how their hrniture is adjusted and shall detail any particular
advantages that may accrue through the use of their products.
1 OP-075 Dispatch Furniture for Comm Center Page 9 of 21
ACCESSORIES
Respondent shall offer a full complement of accessories to be available including:
1. environmental controls
2. personal storage
3. shared resources
4. task lighting
6. wrist rests
5. foot supports
MA TERIA LS SPECIFICA TIONS
1. ACOUSTICAL PARTITIONS
a. All fasteners must be concealed.
b. These partitions must be sturdy enough to mount all electronic accessories, including
monitors, without compromising the integrity of the system.
c. Heights shall be available to 48”.
a. Work surfaces shall have a useable and aesthetic curvature
b. Works surfaces shall be available in various depths.
c. Exposed edges must be treated to minimize wear. Respondent shall describe their
particular application.
d. Primary surfaces to hold CRT’sMonitors shall be of sufficient size and capacity to
hold at least six (6) LCD flat panel monitors.
e. Depths and widths of these surfaces shall be designed to accommodate
CRT’sMonitors for radio, telephone, and CAD.
f. Keyboard surface depth must accommodate multiple keyboards and other input
devices and still provide room for note taking.
g. Input platforms for keyboard, mouse and trackball devices shall be designed to fit the
primary surfaces.
h. Secondary surfaces shall be no less than 30” deep in order to accommodate
CRT’sMonitors and rack enclosures above the writing surface, and electronics
cavities and file pedestals below the writing surface.
a. Storage cabinets must be provided for storing CPU’s, power supplies, interface
boards, and other specified equipment.
b. Cabinets under the secondary or extension sections shall be capable of holding up to
four (4) standard-sized personal computer CPUs.
c. Cabinets must be properly vented.
d. Respondent shall describe how users may access cabinets from the front, from the
side, and from the rear.
e. Front access doors shall be hinged.
f. All doors must be removable.
g. Respondent shall describe the types and models of rack mounts that they provide for
the desktop installation of equipment such as paging terminals, alarm monitors and
other desktop equipment.
a. All work surfaces shall be covered with non-glare matte laminates.
b. FormicaTM, PioniteTM or other similar materials shall be used
c. Respondent shall specify which laminates are used in construction of their furniture.
a. Abrasion resistance at a minimum shall meet ASTM D-3597 MVPTS-198 standards.
2. SURFACES
3. CAVITIESRACK MOUNTS/CPU CABINETS
4. LAMINATE
5. FABRIC
1OP-075 Dispatch Furniture for Comm Center Page 10 of 21
b. Flammability requirements shall adhere to ASTM E-84 (Tunnel Test) or Class A or 1
and the State of California Technical Bulletin 117 Sec. E (SC-191-53).
ELECTRTCAL
1. Each workstation position shall include a minimum of three (3), eight outlet; 3-prong power
units on a U.L. listed, CSA rated 15 amp, 120-volt power center.
2. These power centers shall include a circuit breaker with surge suppression, and a 12’ cord.
CABLE MANAGEMENT
1. Due to the large number of computers, keyboards, input devices and displays it is critical
that all cabling be clean and well organized.
2. While internal cable routing is seen as a desirable feature, it is not an absolute requirement.
Respondent shall describe how cables are routed within and among positions.
3. Cabling shall be guided from CPU cabinet or panel enclosure to the monitor surface in a
manner that protects the cable and maintains the professional appearance of the workspace.
4. Cabling shall be guided from the monitor surface to the keyboard surface in a manner that
protects the cable and maintains the professional appearance of the workspace.
5. Respondents shall fully describe how cables are routed and protected.
6. Data cables and power cables shall not be routed in the same conduits.
LIGHTING
Respondent shall equip each dispatch position with two (2) halogen task lights
1. Must feature an articulating arm that swivels 120 degrees and provides a 180 degree tilt for
maximum light control.
2. Respondent shall describe expected life of halogen bulbs.
OPTIONAL ITEMS
1. A full listing of optional items and their unit prices shall be provided with the Respondent’s
proposal.
2. Printer Cabinets, storage cabinets, lockers, turntables, desks, credenzas, overhead cabinets,
raised shelves, and other items may be required.
3. WristForearm Rests (OPTIONAL) shall have a wrist pad for the wristlforearm area.
4. Rotating Resource (OPTIONAL)
a. Customer desires pricing for a rotating resource to hold binders and other documents.
b. Resource shall provide two (2) shelves at least 12” in height and of sufficient depth to
hold 4” three ring binders.
5. Personal Comfort Controls (PCC) (Optional if not included as standard equipment, Must
Include Pricing)
6. Desktop Air Flow: Shall allow the occupant of the console to select the airflow rate delivered
to the desktop through two desktop diffusers from no forced air flow to a maximum air flow
of no less than lOOcfm (total of both diffusers).It shall be occupancy sensor controlled.
7. Air Filtration: Airflow delivered to the desktop must be filtered by a charged fiber air filter
prior to delivery to the desktop. This must be a user replaceable filter.
8. User Control Unit (OPTIONAL) must provide a control for fan speed of desktop airflow, leg
and foot warming via radiant heat panel, background noise masking, and task light dimming
adjustment.
9. Occupancy Sensor (OPTIONAL)
a. The LED shall be lit when occupancy is sensed, the sensor shall activate the system
functions based on detection of motion within the occupied area.
b. Approximately 15 minutes of no motion shall be required for deactivation.
1OP-075 Dispatch Furniture for Cornrn Center Page 11 of 21
C.
d.
e.
f.
g.
Once motion is detected, the sensor shall activate the User Control Unit and all
systems return to previous levels.
Power Requirements: 1 15 VAC, 60Hz
Power Cord: 6ft. with a 3-prong plug
Current Draw: 0.10 amperes minimum, 3.5 amperes maximum
UL Listed CSA Certified FCC Certified
WEIGHT DISTRIB UTION/zIMITATIONS
1. The input platform shall be designed for up to 350 pounds of dead weight load.
2. The CRT surface shall be designed for multiple CRTMonitor placements, with a weight
limitation of no less than 450 pounds including surface, input platform, and input
mechanism.
3. The Inside Equipment Shelves shall have a maximum weight capacity for any standard
inside cavity shelves to place CPU’s, power supplies, interface boards, or other support
equipment shall be 25psf.
SPACE PLAN AND CONSOLE DESIGN
1. A floor plan will be submitted, to scale, showing each item being proposed.
2. In addition, perspective drawings will be required in the submittal with dimensions of
height, width, and depth in order to determine compliance with the specifications.
3. All accessories being proposed must be shown in these drawings. Customer provided
electronics such as CRT’s telephones, and rack mount panels must be shown, to scale, in the
3-dimensionaVperspective drawings.
COLORS
1. Colors are to be selected from manufacturer’s standard offerings.
2. At a minimum, one full set of laminate, edge, and fabric samples must be submitted with the
proposal.
3. Once the color choices have been narrowed, Respondent shall provide color boards to aid
the County with their final decision.
WARRANTY
1. The Emergency Communications Workstation System shall be warranted from defects in
material and workmanship for 10 years.
2. Warranty repair shall be provided by a certified service location located in the State of
Florida
3. Proposer shall provide the name and contact information for its certified service provider.
EQUIPMENT WARRANTYMAINTENANCE PERIOD
1. The warranty period for the complete system shall be a minimum of one year unless normal
manufacturer’s warranty is longer. The warranty will commence from the date of the new
equipment acceptance. Warranty maintenance will be performed by the Contractor at no
cost to the County on a 24x7 hour basis. The warranty as defined will cover the cost of all
labor and materials to restore the equipment to original condition (Le., condition at the time
of system acceptance) in the event of failure.
2. Warranties, Guarantees and Maintenance
3. A copy of the manufacturer’s warranties and/or guarantees for the items proposal must
accompany each proposal. Vendor must provide a minimum of one-year, 24x7 warranty
coverage on all parts and labor at no cost to Marion County.
IOP-075 Dispatch Furniture for Comm Center Page 12 of 21
4. A copy of each company’s warranties and/or guarantees for the item proposal must also
accompany each proposal.
5. As a minimum requirement of the County, the Vendor will also guarantee, in writing, that
any defective components discovered within a one-year period following the date of
equipment acceptance shall be replaced by the Vendor at no cost to the County.
6. Replacement parts of defective components shall be shipped to Marion County at no cost to
the County. Replacement parts of defective components shall be installed at no cost to
Marion County. If defective parts are required to be returned to the Vendor, the shipping
costs shall be borne by the Vendor. System parts and support are required to be available for
10 years.
7. Operation and Maintenance Manuals - The awarded shall provide to the County three
complete sets (paper copies, if available), and one electronic copy or one CD, of manuals for
all equipment procured and supplied as part of the contract.
WARRANTYLREPAIRS
1, Vendor shall specify pricing for continuing Vendor maintenance of the total system after the
expiration of the initial one-year warranty period. Pricing shall be for years two, three, four,
five(minimum), up to 10 years if available.
2. Vendor shall provide technician support seven days per week, 24 hours per day (response
time to be agreed upon at contract signing) throughout the entire warranty period. The
warranty will cover all components and labor for one year from date of final acceptance for
all equipment supplied.
3. Warranty Spare Support
4. Vendor shall detail the level of spare parts that would be available to support Marion
County and that could be available for service personnel to install within a reasonable
timefiame from the initial receipt of service call.
1 OP-075 Dispatch Furniture for Comm Center Page 13 of 21
Dispatch Console Furniture for 9-1-1 Communication Center Use
RF'P# 1OP-075
Part 3
EVALUATION AND NEGOTIATION PROCESS
A selection committee appointed and approved in accordance with the Marion County Procurement Code will
review all submittals and make a recommendation to the Board of County Commissioners based upon the
established evaluation criteria. A selected group of Firms may be required to make an oral presentation to the
Selection Committee. Such a presentation will provide an opportunity for the Firms to clarify the information
provided in their proposal. If oral presentations are given, the final decision of the Selection Committee
will be based on the tabulation from the oral presentations. The Selection Committee will present its
recommendations to the Board of County Commissioners, which has the authority to make the final
determination and award contracts. Submittals will be evaluated on a WEIGHTED BASIS. The County
reserves the right to make selections based on the submittals only or to request presentations before
determining the final ranking. The criteria listed on the following page will be used in the evaluation process
to determine the successful respondent.
EVALUATION CRITERIA
The evaluation team will review all documentation and other information received and evaluate, utilizing the following
criteria:
General Criteria - 20%
1. The overall approach to the project as
identified in the Vendor's project plan
2. Record of successful installations, project
manager experience, Vendor's qualifications
3. Completeness of responsiveness to project
requirements
4. Completeness of responsiveness to
documentation requirements
5. Completeness, if any, of Questions and
Answers
General System Requirements - 30%
1.
2. 24 x 7 Warranty,
3.
4.
Proven maintenance program with references,
System installation and first-year support
Location of closest service center responsible
for warranty and maintenance of equipment
System Design and Technical Compliance - 10%
1. Design of solution,
2.
3.
Level of understanding of equipment
Overall compliance to all technical areas ofthe
project
CredentialdReferences - 10%
1.
2.
3.
Project manager's presentation of installation
process
Record of successful installations, Project
Manager experience, Vendor's qualifications
References from PSAPs utilizing similar
furniture
System turnkey costs for - 30%
1. Equipment
2. Installation
3. Warranty
4. Maintenance
Negotiations may be held with the most qualified firm for compensation which the County determines is fair,
competitive, and reasonable. The County shall require the firm receiving the award to execute a truth-in-
negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are
accurate, complete, and current at the time of contracting. Should the the County be unable to negotiate a
satisfactory contract with the firm considered to be the most qualified at a price the County determines to be
fair, competitive, and reasonable, negotiations with that firm will be formally terminated. The County
reserves the right to either continue negotiations with the second ranked firm and so forth accordingly, or to
terminate the negotation process.
1OP-075 Dispatch Furniture for Comm Center Page 14 of 21
Dispatch Console Furniture for 9-1-1 Communication Center Use
' RFP#lOP-O75
Part 4 - PROPOSAL DOCUMENTS
PROPOSAL COVER PAGE
Name of Firm, Entity or Organization: Ergoflex Systems, Inc. DBA Xybix Systems, Inc.
Federal Employer Identification Number: OR Social Security Number:
State of Florida Applicable License Number:
84-1174133
E-mail address: kenc@xybix.com
I Mailing Address: 8207 Southpark Circle
Street Address (if different):
City, State, Zip: Littleton, Colorado 80120
Telephone: 30 3-6 8 3-56 56 Fax: 303-683-5454
Organization Structure:
Check one: Corporation [L] Partnership Proprietorship u
(Specify Sole Officer) Joint Venture JJ Other (explain) fJ
If Corporation:
Date of Incorporation: June 1991 State of Incorporation: Colorado
States revistered in as foreign Corporation:
Authorized Signature:
print Name: Kenneth R. Carson
Signature:
Title: Vice President
Telephone: 303-683-5656 Fax: 303-683-5454
E-mail Address: kenc@Vbix.com
This document must be completed and returned with your Submittal
IOP-075 Dlspatch Furniture for Comm Center Page 15 of 21
MARION COUNTY
REQUEST FOR PROPOSAL CERTIFICATION
SUBMITTO: Marion County BCC
Procurement Services Department
2511 SE 3rd Street
Ocala,M 34471 and ADDENDA ACKNOWLEDGMENT (352) 671-8444
I I
DUE DATE: January 21,2010 I DUETIME: 4:OO PM I RFPNO. 1 OP-075
TITLE: DisDatch Console Furniture for 9-1-1 Communication Center Use
~~ ~~ ~~
VENDOR NAME PHONE NUMBER Eraoflex Svstems. Inc. DBA Xvbix Svstems. Inc. I 303-683-5656
VENDOR MAILING ADDRESS 8207 Southpark Circle FAX NUMBER 1 303-683-5454
CITY-STATE-ZIP E-MAIL ADDRESS
Littleton, Colorado 80120 kenc@xybix.com
PLEASE READ NEWINFORMATION PAYMENT TERMS i
If payment terms are not indicated, terms of NET 30 DAYS shall be applied by the County. Payment terms to apply after
receipt of invoice or final acceptance of the productkervice, whichever is later. Payment terms offering less than 20 days
for payment will not be considered. However the County has implemented a Visa credit card program. As a card-
accepting vendor, some of the benefits of the program are: payment received within 72 hours of receipt and acceptance of
goods, reduced paperwork, issue receipts instead of generating invoices, resulting in fewer invoice problems, deal directly
with the cardholder (in most cases).
Please indicate whether you are or are not capable of accepting Visa credit cards: YES
"I, the undersigned, cerlify that I have reviewed all General Conditions listed herein, and additionally received the addenda listed
below (list all addenda received to date). I understand that timely commencement may be considered in award of this Request for
Proposals (RFP), and that cancellation of award will be considered if commencement time is not met, and that untimely
commencement may be cause for assessment of liquidated damages claims. I further certify that the services will meet or exceed
the RFP requirements. I, the undersigned, declare that I have carefully examined the RFP, specifications, terms and conditions as
applicable for this Rquest, and that I am thoroughly familiar with all provisions and the quality and type of coverage and
services specified. I further declare that I have not divulged, discussed or compared this RFP with any other Offeror and have not
colluded with any Offerors or parties to an RFP whatsoever for any fraudulent purpose."
X NO
12/30/2009 0111 11201 0 01/15L2010 01 I1 9/2010 1/25/2010
Addendum# 1 Addendum# 2 Addendum# 3 Addendum# Addendum#
I certify that this RFP is made without prior understanding, agreement, or connection with any corporation, firm, or person
submitting an RFP for the same material, supplies, equipment or services, and is in all respects fair and without collusion or
kaud. I agm to abide by all conditions of this RFP and certify that 1 am authorized to sign this rcsponse and that the offer is in
:ompliance with all requirements of the WP, including but not limited to, certification requirements. In conducting offers with
In agency for Marion County Board of County Commissioners, respondent agrees that if this RFP is accepted, the respondent
sill convey, sell, assign, or transfer to Marion County Board of County Commissioners all rights, title and interest in and to all
:Buses of action it may now or hereafter acquire under the anti-tnrst laws of the United States and Marion County for price fixing
.elating to the particular coniiiicdities or services purchased or squired by Marion County. At Marion County's discretion, such
rssignment shall be made and become effective at the time the purchasing agency renders final payment to the respondent.
9dditionally. I, the undersigned, agree that if I am awarded a contract as a result of this solicitation and my response to it,
:ontracts will be required to be notarized and executed and all applicable bonds recorded, within fourteen (14) calendar days
?om the date of the Notice of Award. If bonds are not available from the bonding agency when contracts are returned. a letter
?om the bonding agent must be attached stating that they are in the
Bany R. Carson President fi27 fC7
I AUTHORIZED AGENT, TITLE (PRINT) f @THmlZED SWATCIRF- DATE
W
This document must be completed and returned with your Submittal
10P-075 Dispatch Furniture for Cdmm Center Page 16 of 21
GENERAL CONDITIONS
PUBLIC ENTITY CRIME: A person or affiliate who has been placed federal, state and local laws, ordinances, rules and regulations that in any
on the convicted vendor list following a conviction for a public entity manner affect the work.
crime may not submit a Proposal on a contract to provide any goods or PROPRIETARYKONFIDENTIAL INFORMATION: Vendors are
services to a public entity, for the construction or repair of a public hereby notified that all information submitted as part of, or in support of
building or public work, may not submit Proposals on leases of real RFPs, will be available for public inspection ten days after opening of the
property to a public entity, may not be awarded or perform work as a RFPs or until a short list is recommended whichever comes first, in
contractor, supplier, subcontractor, or consultant under a contract with compliance with Chapter 119, and 287 of the Florida Statutes. Any
any public entity, and may not transact business with any public entity in person wishing to view the RFPs must make an appointment by calling
excess of the threshold amount provided in Section 287.017, for the Marion County Procurement Services Department at (352) 671-8444.
CATEGORY TWO for a period of 36 months from the date of being All RFPs submitted in response to this solicitation become the property
placed on the convicted vendor list. of the County. Unless information submitted is proprietary, copy
INDEMNIFICATION : The Contractor agrees to indemnify and hold written, trademarked, or patented, the County reserves the right to utilize
harmless Marion County and its elected officials, employees and any or all information, ideas, conceptions, or portions of any RFP, in its
volunteers from and against all claims, losses and expenses, including best interest.
legal costs, arising out of or resulting from, the performance of this TAXES: The Marion County Board of County Commissioners, Florida,
contract, provided that any such claims, damage, loss of expenses is is exempt from any taxes imposed by the State and/or Federal
attributed to bodily injury, sickness, disease, personal injury or death, or Government. Exemption certificates will be provided upon request.
to injury to or destruction of tangible property including the loss or loss NON-COLLUSION DECLARATION By signing this RFP, all
of use resulting there from and is caused in whole or in part by any Vendors shall affirm that they shall not collude, conspire, connive or
negligent act or omission of the firm. agree, directly or indirectly, with any other Proposer, firm, or person to
PROHIBITION OF LOBBYING Except as expressly set forth in submit a collusive or sham Proposal in connection with the work for
subsection 2-245(11) of the Procurement Manual, during the blackout which their RFP has been submitted, or to refrain from Bidding in
period which is, the period between the time the authorization for connection with such work; or have in any manner, directly or indirectly,
invitation for bid or the request for proposal, or qualifications, or sought by person to fix the price or prices in the RFP or of any other
information, or the invitation to negotiate, as applicable, are received at Bidder, or to fix any overhead, profit, or cost elements of the RFP price
the county Procurement Services department, or given verbally by director or the RFP price of any other Bidder, or to secure through any collusion,
of the board or administration, and the time the board awards the contract. conspiracy, connivance, or unlawful agrement any advantage against
No proposer, no lobbyist, principal, or other person may lobby, on behalf anv other Bidder. or anv Derson interested in the DroDosed work.
of a competing party in a particular procurement matter, either any
member of the board, or any county employee other than the Procurement
Services department staff. Violation of this provision may result in
disqualification of violating party.
ANTI TRUST LAWS: By submission of a signed RFP, the successful
Vendor acknowledges compliance with all antitrust laws of the United
States and the State of Florida, in order to protect the public from
restraint of trade, which illegally increases prices.
CONFLICT OF INTEREST: The award of the contract hereunder is
subject to the provisions of Chapter 112 of the Florida Statutes. Vendors
shall disclose the name of any Officer, Director, Partner, Associate, or
Agent who is also an Officer, Appointee, or Employee of the Marion
County Board of County Commissioners at the time of the RFP, or at the
time of occurrence of the Conflict of Interest thereafter.
INTERPRETATION, CLARIFICATIONS AND ADDENDA: No
oral interpretations will be made to any vendor as to the meaning of the
RFP Contract Documents. Any inquiry or request for interpretation
received by the Marion County Procurement Services Department before
the date listed herein will be given consideration. All such changes or
interpretations will be made in writing in the form of an addendum and,
if issued, will be distributed at or after the Pre-Proposal Conference,
mailed or sent by available or electronic means to all attending
prospective Submitters prior to the established RFP opening date. Each
Vendor shall acknowledge receipt of such addenda in the space provided.
In case any Proposer fails to acknowledge receipt of such addenda or
addendum, his offer will nevertheless be construed as though it had been
received and acknowledged and the submission of his bid will constitute
acknowledgment of the receipt of same. All addenda are a part of the
RFP FORMS and each Proposer will be bound by such addenda, whether
or not received by him. It is the responsibility of each bidder to verify
that he has received all addenda issued before RFPs are opened. In the
case of unit price items, the quantities of work to be done and materials
to be furnished under this RFP Contract are to be considered as
approximate only and are to be used solely for the comparison of RFPs
received. The COUNTY and/or his CONSULTANT do not expressly or
by implication represent that the actual quantities involved will
correspond exactly therewith; nor shall the Vendor plead
misunderstanding or deception because of such estimate or quantities of
work performed or material furnished in accordance with the
Specifications and/or Drawings and other Proposal Documents, and it is
understood that the quantities may be increased or diminished as
provided herein without in any way invalidating any of the unit or lump
sum prices bid.
GOVERNING LAWS AND REGULATIONS: The vendor is required
to be familiar with and shall be responsible for complying with all
PROPOSER I&SPONSIBILITk Invitation <y the County of Marion
to vendors is based on the recipient’s specific request and application to
Demandstar by Onvia at www.DemandStar.com [(SOO) 711-1712] or as
the result of response by the public to the legal advertisements required
by State and County law. Firms or individuals submit their responses on
a voluntary basis, and therefore are not entitled to compensation of any
kind.
OWNERSHIP OF SUBMITTALS: All responses, inquiries or
correspondence relating to or in reference to this RFP, and all other
reports, charts, displays, schedules, exhibits and other documentation
submitted by the vendors will become the property of the Marion County
Board of County Commissioners. Reference to literature submitted with
a previous RFP will not relieve the Bidder from including any required
documents with this RFP.
EXAMINATION OF BID DOCUMENTS: Each Bidder shall carefully
examine the RFP Document to ensure all pages have been received, all
drawings and/or Specifications and other applicable documents are
included, and shall inform himself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost, progress
or performance of the work to be performed under the Contract.
Ignorance on the part of the CONTRACTOR will in no way relieve him
of the obligations and responsibilities assumed under the Contract.
VENDOR RESPONSIBILITY Vendors are fully and completely
responsible for the labeling, identification and delivery of their
submittals. The Procurement Services Department will not be
responsible for any mislabeled or misdirected submissions, nor those
handled by delivery persons, couriers, or the US Postal Service.
MARION COUNTY BOARD OF COUNTY COMMISSIONERS, a
political subdivision of the State of Florida, reserves the right to reject any
and/or all submittals, reserves the right to waive any informalities or
irregularities in the examination process, and reserves the right to award
contracts and/or in the best interest of the County. Submittals not meeting
stated minimum terms and qualifications may be rejected by the County as
non-responsive. The County reserves the right to reject any or all
submittals without cause. The County reserves the right to reject the
submission of any Vendor in arrears or in default upon any debt or
contract to the Board of County Commissioners of Marion County, or
who has failed to perform faithfully any previous contract with the County
or with other governmental agencies.
PUBLIC RECORDS LAW: Correspondence, materials and documents
received pursuant to this RFP become public records subject to the
provisions of Chapter 119, Florida Statutes.
VERIFICATION OF TIME: Atomic time is hereby established as the
Official Time for Marion County Solicitations. All times stated in bids,
quotes, RFPs, RFQs and any other solicitation generated by the Marion
County Procurement Services Department will refer to atomic time.
IOP-075 Dispatch Furniture for Comm Center Page 17 of 21
GENERAL CONDITIONS
PREPARATION OF PROPOSALS
Signature of the Bidder: The Bidder must sign the RFP FORMS in the
space provided for the signature. If the Bidder is an individual, the
words “doing business as ,” must appear beneath such
signature. In the case of a partnership, the signature of at least one of the
partners must follow the firm name and the words, “Member of the
Firm” should be written beneath such signature. If the Bidder is a
corporation, the title of the officer signing the RFP on behalf of the
corporation must be stated and evidence of his authority to sign the RFP
must be submitted. The Bidder shall state in the RFP FORMS the name
and address of each person interested therein.
Basis for Bidding: The price proposed for each item shall be on a lump
sum or unit price basis according to specifications on the RFP FORM.
The proposed prices shall remain unchanged for the duration of the
Contract and no claims for cost escalation during the progress of the
work will be considered, unless otherwise provided herein.
Total Proposed Pricflotal Contract Sum Proposed: If applicable,
the total price bid for the work shall be the aggregate of the lump sum
prices proposed andor unit prices multiplied by the appropriate
estimated quantities for the individual items and shall be stated in figures
in the appropriate place on the RFP FORM. In the event that there is a
discrepancy on the RFP FORM due to unit price extensions or additions,
the corrected extensions and additions shall be used to determine the
project bid amount.
OBLIGATION OF WINNING BIDDER: The contents of the RFP of
the successful proposer will become contractual obligations if acquisition
action ensues. Failure of the successful Bidder to accept these obligations
in a contract may result in cancellation of the award and such vendor
may be removed from future participation.
AWARD OF BID It is the County’s intent to select a vendor within
sixty (60) calendar days of the deadline for receipt of Proposals.
However, Proposals must be firm and valid for award for at least ninety
(90) calendar days after the deadline for receipt of the RFP.
ADDITIONAL REQUIREMENTS: The firms shall furnish such
additional information as Marion County may reasonably require. This
includes information which indicates financial resources as well as
ability to provide the services. The County reserves the right to make
investigations of the qualifications of the firm as it deems appropriate.
PREPARATION COSTS: The County of Marion shall not be
obligated or be liable for any costs incurred by Proposers prior to
issuance of a contract. All costs to prepare and submit a response to this
RFP shall be borne by the Proposer.
TIMELINESS: All work will commence upon authorization from the
County‘s representative (Marion County Purchasing Dept). All work will
proceed in a timely manner without delays. The Contractor shall
commence the work UPON RECEIPT OF NOTICE TO PROCEED
and/or ORDER PLACED (PURCHASE ORDER PRESENTED), and
shall deliver in accordance to the terms and conditions outlined and
agreed upon herein.
DELIVERY: All prices shall be FOB Destination, Ocala, Florida, inside
delivery unless otherwise specified.
ADDITIONAL SERVICES/PURCHASES BY OTHER PUBLIC
The Vendor by submitting a Bid acknowledges that other Public
Agencies may seek to “Piggy-Back” under the same terms and
conditions, during the effective period of any resulting contract -
services and/or purchases being offered in this Bid, for the same prices
and/or terms proposed. Vendor has the option to agree or disagree to
allow contract Piggy-Backs on a case-by-case basis. Before a Public
Agency is allowed to Piggy-Back any contract, the Agency must first
obtain the vendor’s approval - without the vendor’s approval, the
seeking Agency cannot Piggy-Back.
PLANS, FORMS & SPECIFICATIONS: RFP Packages are available
from the Marion County Procurement Services Department. These
packages are available for pickup or by e-mail at no additional charge.
RFP packages will not be faxed. If requested to mail, the Bidder must
supply a courier account number (UPS, FedEx, etc). Bidders are
required to use the official RFP FORMS, and all attachments itemized
herein, are to be submitted as a single document. Any variation from the
minimum specifications must be clearly stated on the RFP FORM and/or
ExceptionsKIeviations Sheet(s). Only one set of plans, forms, and
specifications will be furnished each company or corporation interested
in submitting a bid. RFP FORM documents for this project are free of
charge and are available on-line and are downloadable (vendor must pay
AGENCIES (“PIGGY-BACK”):
any DemandStar fees or any shipping), unless otherwise noted.
MANUFACTURER’S NAME AND APPROVED EQUIVALENTS
Any manufacturer’s names, trade names, brand names, information
and/or catalog numbers listed in a specification are for information and
not intended to limit competition unless otherwise indicated. The
Proposer may offer any brand for which he is an authorized
representative, which meets or exceeds the RFP specification for any
item(s). If RFPs are based on equivalent products, indicate on the RFP
FORM the manufacturer’s product name and literature, and/or complete
specifications. Reference to literature submitted with a previous RFP
will not satisfy this provision. The Bidder shall explain in detail the
reason(s) why the proposed equivalent will meet the specifications and
not be considered an exception thereto. RFPs which do not comply with
these requirements are subject to rejection. RFPs lacking any written
indication of intent to quote an alternate brand will be received and
considered in complete compliance with the specifications as listed on
the RFP FORM. The County’s Procurement Services Department is to
be notified, in writing, of any proposed changes in materials used,
manufacturing process, or construction. However, changes shall not be
binding upon the county unless evidenced by a Change Notice issued and
signed by the Purchasing Director, or designated representative.
QUANTITIES: The quantities as specified in this RFP are estimates
only and are not to be construed as guaranteed minimums.
SAMPLES: Samples of items, when called for, shall be furnished free of
expense, and if not destroyed may, upon request, be returned at the
Bidder’s expense. Each sample shall be labeled with the Bidder’s name,
manufacturer brand name and number, RFP number and item reference.
Samples of successful Bidder’s items may remain on file for the term of
the contract. Request for return of samples shall be accompanied by
instructions which include shipping authorization and must be received at
time of opening. Samples not returned may be disposed of by the
County within a reasonable time as deemed appropriate.
DOCUMENT RE-CREATION Vendor may choose to re-create any
document@) required for this solicitation, but must do so at his own risk.
All required information in the original County format must be included
in any re-created document. Submittals may be deemed non-responsive
if required information is not included in any re-created document.
FUNDING: Notwithstanding any other provision of the Contract, the
Contract may be terminated if for any reason there are not sufficient
appropriated and available monies for the purpose of maintaining County
or other public entity obligations under the Contract. County shall have
no further obligation to Contractor, other than to pay for services rendered
prior to termination.
FOR FEDERAL AND/OR FDOT FUNDING - TITLE VI/
NONDISCRIMINATION POLICY STATEMENT -APPENDIX A:
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
“Contractor”) agrees as follows:
(1.) Compliance with Regulations: The Contractor shall comply with
the Regulations relative to nondiscrimination in Federally-assisted
programs of the U.S. Department of Transportation (hereinafter,
“USDOT”) Title 49, Code of Federal Regulations, Part 21, as they
may be amended from time to time, (hereinatter referred to as the
Regulations), which are herein incorporated by reference and made a
part of this Agreement.
(2.) Nondiscrimination: The Contractor, with regard to the work
performed during the contract, shall not discriminate on the basis of
race, color, national origin, sex, age, disability, religion or family
status in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor
shall not participate either directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix
B of the Regulations.
(3.) Solicitations for Subcontractors, including Procurements of
Materials and Equipment: In all solicitations made by the
Contractor, either by competitive bidding or negotiation for work to
be performed under a subcontract, including procurements of
materials or leases of equipment; each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor’s
obligations under this contract and the Regulations relative to
nondiscrimination on the basis of race, color, national origin, sex,
age, disability, religion or family status.
1OP-075 Dispatch Furniture for Comm Center Page 18 of 21
GENERAL CONDITIONS
(4.) lnformntion and Reports: The Conbnctor shall provide all
information Md reports required by the Regulations or directives
issued pmuant thcrcto, and shall permit access to its books, records,
nccounls, other sources of information, and its ficilities 11s may be
dctermincd by die Floi-kla Depatiriienr of Transpona/ion, the
Federal Higliway Adiiiinis/ra:ion, Federal Transi: Adniinislralion,
Federn1 Avialion Adniinis:ra:lon. and/or :lie Federal Motor Carrier
Sq/e/y AdniCiis:ra:ion to be pertinent to asccrtiin compliance with
such Regulations, ordm and instructions. \4'l1~re any information
requircd of il Conhctor is in tbc cxclusivc possession of moUier
who fait or reruses to furnish this information the Conbactor shnll
so certify to the Floridn Depnr/nien: ojr,'anspw:a:iai. tlre Federal
Hig/iii*ay Adniinistra/ion. Federal '7Pansi: Adrninis:raiioii, Federal
AiFiarion Rdnrinis/ra:bi. aiidor :/re Fcderul Moior Currier S&ty
Adniinis:ra:ion as appmprintc, and shall set fortli wlrnt efforts it has
made to obtain Uie information DRUG FREE WORKPLACE All Bidden shall submit the enclosed,
(5.) Sanctions for Noncomplinncc: In Ihc event of Uic Contractor's duly signed and notarized form entitled 'TJrug Free \Vorkplncc
noncompliance wid1 Uic nondkcrimimtion provisions of this Cerlificntc". 'Ilic Drug Free Workplnce Vendor shnll have the burden of
conmcI, the Florfda Depermieii: oJ Trmisprialioir shall impose demonstrating that his progam complies witli Section 287.087 of Urc
such contract sanctions as it or the Federal Highilq' ddniinislralim, Florida Statutes, and any other applicable state law.
Federal E-aiisir Adniinis/ratton. Fdeml Avia:ion Adniinisrra:iwi,
and/or the F'cteral Moior Carrier Safery Adniinis:ra:loii may
determine to be appropriate, including, but not limited to:
including procurancnls ofmntcnals and leases ofequipmcnt, unless
exempt by the Regulations, or directives issued punuant Urercto.
The Contnctorshnll take such action with rcspcct to any subconmet
or procurement as die Florida Depmrinen: of Transpor/a:ioii. tlie
Federal Higliqv Adniinislratiwi, Federal Transit Adniinis:ra:ion,
Federal Ai~idon Adniinistration, and/or !lie Federal Motor Carrier
S&JJ Adnrhristra/iwr may direct as a means of enforcing such
provisions including sanctions for mncompliance In the event a
Contnctor becomes involved in, or is thnatened with, li1isalion witli
n sub-eonmctor or supplier as a result of such direction, dic
Conmctor may request clie Florida Departnien/ o/Tronsppor/n:ion to
enter into sud, litigalion to protect die inwests of Ihc Flaridu
Depar/nien: uf Transpor:a:ion, and, in addition, the Contnctor niay
rcqucst the United Stales to enter into such litigation to protect the
interests of the United Statcs.
ACKNOWLEDGED:
(Signature nnd Dale)
-+- a.
b.
withholding of paynrcnls to thc Contractor unda the conmct
until the Conbilctor complies, nntVor
cancellation, termination or suspension of the conmct, in
wholc or in pa. Tltis docuiimirt iitust be signed arid returned
with your Srrbiiiittal. (6.) Incorporation of Provisions: nic Conbilctor shall include thc
provisions orpamgniphs (I) Uirouglr (6) in every subconbact,
10P-075 Dispalch Furniture for Comm Center Page 19 of 21
DISCLOSURE OF SUBCONTRACTORS,
SUBCONSULTANTS, AND SUPPLIERS
Name of Firm Submitting Bid
Ergoflex Systems, Inc. DBA Xybix Systems, Inc.
(Printed or Typed)
Name of Person Submitting Bid
Barry R. Carson
(Printed or Typed)
Please list all Subcontractors, Sub-consultants, and Suppliers to be used in connection with performance of
the Contract. (Use additional pages, if necessary):
N & N Office Furniture Company Name:
Address: 953 NE Osceola Ave , Ocala FL 34470
Company Name:
Address:
Company Name:
Address:
Company Name:
Address:
Company Name:
Address:
This document must be completed and returned with your Submittal
1OP-075 Dispatch Furniture for Comm Center Page 20 of 21
DRUG FREE WORKPLACE CERTIFICATE
I, the undersigned, in accordance with Florida Statute 287.087, hereby certify that,
(prillt or type name of firm) Ergoflex Systems, Inc. DBA Xybix Systems, Inc.
Publishes a written statement notifying that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the workplace named above, and
specifying actions that will be taken against violations of such prohibition.
Informs employees about the dangers of drug abuse in the workplace, the firm’s policy of maintaining
a drug fke working environment, and available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employecs for drug use violations.
Gives each employee engaged in providing commodities or contractual services that are under bid or
proposal, a copy of the statement specified above.
Notifies the employees that as a condition of working on the commodities or contractual services that
are under bid or proposal, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, please or guilty or nolo contendere to, any violation of Chapter 893, or
of any controlled substance law of the State of Florida or the United States, for a violation occurring
in tlie workplace, no later than five (5) days after such conviction, and requires einployees to sign
copies of such written statement to acknowledge their receipt.
Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or
rehabilitation program, if sucli is available in the employee’s community, by any employee who is so
convicted.
Makes a good faith effort to continue to maintain a drug free workplace through the implementation
ofthe Drug Free Workplace program.
“As B pcrson authorized to sign this statement, I certify that the abovc namcd business, firm or
corporation complies fully with the requirements set forth herein”.
Authorized Sipatwe
1- 23- -/w
Date Signed
State of &\do
County of: &c~ab~
B
Sworn to and subscribed before me this aq+&h day of&-& ,20\G
Personally known / or Produced Identification
(Specify Type of Identification)
Signature of Notary
My Commission Expires: \ \ - a3- ch \
This document must be completed and returned with your Submittal
Irmbili@ br refiisaf io sign tlils rlo~rmerit wilf deer yrw offer norr-responsive per Coring Ordinarice 03-21,
10P-075 Dispatch Furniture for Comm Center Page 21 of 21
Phone: 303-683-5656
Fax: 303-683-5454
Invoice: 14318
Xybix Systems, Inc. a
8207 SouthPark Circle
Littleton CO 801 20
Page: 1 of7
Date: 6/30/2010
Sold To: Ship To:
Karl Oltz
Marion County Sheriff
696 NW 30 Ave
Ocala FL 34471
Marion County Board of County Commissioner:;
601 S.E 25thAve
Ocala FL 34471
PO Number: Signed Contract Terms:90% Net 30; 10% Net F.0.B: FOB-LIT
Sales Rep: Jennifer Guerin Ordered:5/20/2010 Ship Via: TRUCK
Packing Slip: See Below Ship Date: See Below
-I_---- _I -- -_---~--- I 1 e -
1 1 .oo
Line Ref. 1
Packina SliD
3323
2 17.00
Line Ref. 2
Packina SliD
Qfy. Ordered: 26.00
3323
Line Ref. 3
3 24.00
Packina SliD
3323
Line Ref. 4
4 2.00
12241. 40,740.00000 EA 40,740.00
Panel System Priced by the Lot:
Upper Tiles Fabric Color: Repetition Blue Grass G2
Lower Tiles Fabric Color: Repetition Blue Grass G2
Panel Trim Color: Black
Job N0.:0013094-1-1 - Line ShiD Date
1 6/25/2010
12727 A 2,805.00000 EA 47,685.00
ErgoPower X5+ Table Base Corner
Job N0.:0013094-5-1 - Line ShiD Date
2 6/25/2010
13096. 297.00000 EA 7,128.00
Cable Management - Corner 90O-Dual Surface-84L x 84R
- Line Ship Date
3 6/25/2010
Job N0.:0013094-10-1
13096. 297.00000 EA 594.00
Cable Management - Corner 135O-Dual Surface84L x
84R
Job N0.:0013094-11-1
Packina SliD
3323
- Line Shb Date
4 6/25/2010
5 27.00
Line Ref. 5
Packina SliD
3323
12904 A 187.00000 EA 5,049.00
DataDock - Keyboard Surface Cable Organizer
Cables Sold Separately
Job N0.:0013094-13-1
ShiD Date
5 6/25/2010
ARForm:OOl:OO
Phone: 303-683-5656
Xybix Systems, Inc. Fax: 303-683-5454
14318
8207 SouthPark Circle
Littleton CO 80120
Page: 20f7
Date: 6/30/2010
6
7
8
9
10
11
12
13
14
216.00 1 1677
Line Ref. 6
Packina SliD Line Ship Date
3323 6 6/25/2010
Ext Cable USB Panel Mount 15'
162.00 1 1778
Line Ref. 7
Packina SliD Line ShiD Date
3323 7 6/25/2010
EA. Cable 15' VGA High Quality M/F
54.00 1 1792.
Line Ref. 8 Power Bar - 10 Outlet
16.00000 EA 3,456.00
54.00000 EA 8,748.00
64.00000 EA 3,456.00
Job N0.:0013094-16-1
Packina SliD Line ShiD Date
3323 8 6/25/2010
27.00 1 1526
Line Ref. 9 Grounding Kit R-56
B
Packina SliD Line ShiD Date
3323 9 6/25/2010
2.00 12033.
Line Ref. 10 Return Worksurface - 18Wx48D
Packina SliD Line ShiD Date
3323 10 6/25/2010
3.00 12033.
Line Ref. 1 1 Return Worksurface - 18Wx39D
Packina SliD Line ShiD Date
3323 11 6/25/2010
11 .oo 12033.
Line Ref. 12 Return Worksurface - 36Wx43.75D
Packina SliD Line Ship Date
3323 12 6/25/2010
2.00 12033.
Line Ref. 13 Return Worksurface - 42Wx43.75D
Packina SliD Line ShiD Date
3323 13 6/25/2010
2.00 12033.
Line Ref. 14 Return Worksurface - 45.75Wx43.75D
350.00000 EA 9,450.00
Job N0.:0013094-17-1
195.00000 EA 390.00
Job N0.:0013094-24-1
195.00000 EA 585.00
Job N0.:0013094-25-1
195.00000 EA 2,145.00
Job N0.:0013094-26-1
195.00000 EA 390.00
Job N0.:0013094-27-1
195.00000 EA 390.00
Job N0.:0013094-28-1
Packina SliD Line ShiD Date
3323 14 6/25/2010
ARForm:OOl :00
Xybix Systems, Inc.
8207 SouthPark Circle
Littleton CO 80120
15
16
17
18
19
20
Phone: 303-683-5656
Fax: 303-683-5454
Invoice: 14318
2.00 12033.
Line Ref. 15 Return Worksurface - 48Wx43.75D
Packina Slb Line Ship Date
3323 15 6/25/2010
2.00 12034.
Line Ref. 16 Return Worksurface - 54Wx43.75D
Packina SliD Line Ship Date
3323 16 6/25/2010
6.00 12035.
Line Ref. 17 Return Worksurface - 91Wx40D
Packina SliD Line Ship Date
3323 17 6/25/2010
1 .oo 12033.
Line Ref. 18 Return Worksurface - 96Wx24D
Packina SliD Line Ship Date
3323 18 6/25/2010
1 .oo 12035.
Line Ref. 19 Return Worksurface - 96Wx39.5D
Packina SliD Line Ship Date
3323 19 6/25/2010
6.00 13629.
Line Ref. 20 CPU Cabinet - Tech Tower Single Left Access 18W
Packina Slip j& Ship Date
3323 20 6/25/2010
5.00 13629.
Line Ref. 21 CPU Cabinet - Tech Tower Single Right Access 18W
2
Packina SliD Line Ship Date
3323 21 6/25/2010
22
Page: 30f7
Date: 6/30/2010
195.00000 EA 390.00
Job N0.:0013094-29-1
245.00000 EA 490.00
Job N0.:0013094-30-1
353.00000 EA 2,118.00
Job N0.:0013094-31-1
195.00000 EA 195.00
Job N0.:0013094-32-1
353.00000 EA 353.00
Job N0.:0013094-33-1
796.00000 EA 4,776.00
Job N0.:0013094-34-1
796.00000 EA 3,980.00
Job N0.:0013094-35-1
2.00 13637. 1,255.00000 EA 2,510.00
Line Ref. 22 CPU Cabinet - Tech Tower Back To Back 18W
Qty. Ordered: 3.00
Packina SliD Line Ship Date
3323 22 6/25/2010
23 6.00 13623.
Line Ref. 23 CPU Cabinet - CPU 36Wx33D
Job N0.:0013094-36-1
821 .OOOOO EA 4,926.00
Job N0.:0013094-37-1
Packina Slir, Line Ship Date
3323 23 6/25/2010
ARFon:001 :OO
Phone: 303-683-5656 Xybix Systems, Inc. Fax: 303-683-5454
14318
8207 SouthPark Circle
Littleton CO 80120
24
25
26
27
28
29
30
31
Page: 40f7
Date: 6/30/2010
1 .oo 1361 9. 507.00000 EA 507.00
Line Ref. 24
Packina SliD !& ShiD Date
3323 24 6/25/2010
CPU Cabinet - CPU 24Wx33D
Job N0.:0013094-38-1
3.00 13625. 856.00000 EA 2,568.00
Line Ref. 25
Packina SliD !& ShiD Date
3323 25 6/25/2010
CPU Cabinet - CPU 42Wx33D
Job N0.:0013094-39-1
30.00 11 867. 425.00000 EA 12,750.00
Line Ref. 26 Drawer Pedestal - Fixed - Single - 16W - 12-1 2 Drawers
22D -
Job N0.:0013094-41-1
Packina SliD Line ShiD Date
3323 26 6/25/2010
1 .oo 14329 A
Line Ref. 27 Filler Panel Melamine - from Ped to panel frame
Packina SliD ShiD Date
3323 27 6/25/2010
Cup Holder - Blk
27.00 10176 A
Line Ref. 28
Packina SliD !& ShiD Date
3323 28 6/25/2010
27.00 11182 A
Line Ref. 29 I-Fit Software Kit ErgoPower X5
Packina SliD Ship Date
3323 29 6/25/2010
27.00 12356
Line Ref. 30 Installers Kit
A
Packina SliD !& ShiD Date
3323 30 6/25/2010
1 .oo Other A
Line Ref. 31 Other Charges & Services
Packina Slir, ShiD Date
3323 31 6/25/2010
60.00000 EA 60.00
Job N0.:0013094-45-1
45.00000 EA 1,215.00
Job N0.:001309446-1
325.00000 EA 8,775.00
Job N0.:0013094-47-1
0.00000 EA 0.00
Job N0.:0013094-48-1
0.00000 EA 0.00
I Line (31) Miscellaneous Charges
Descrbtion Amount
10.) Freight - Non-Taxable 6,900.00
20.) Installation - Non-Taxable 31 $85.00
ARForm:001 :00
Xybix Systems, Inc.
8207 SouthPark Circle
Littleton CO 801 20
32
33
34
35
36
37
38
1 .oo 13160.
Line Ref. 32 Monitor Mount - Quickstack - @ Straight table only
Packina SliD Line ShiD Date
3323 32 6/25/2010
27.00 13611
Line Ref. 33 Datadock RJ-11 Cat3 Coupler
Packina SliD Line ShiD Date
3323 33 6/25/2010
1 .oo 1 1099 A
End Support Panel - Single Line Ref. 34
Packina SliD ShiD Date
3323 34 6/25/2010
24.00 13596.
Line Ref. 35 *Adj. Table Worksurface - Dual Surface - Corner 90" -
84L x 84R
Packina Slir, Line ShiD Date
3343 1 6/30/2010
2.00 13596.
Line Ref. 36 Adj. Table Worksurface - Dual Surface - Corner 135" -
84L x 84R
Packina SliD Line ShiD Date
3343 2 6/30/2010
1 .oo 13607.
Phone: 303-683-5656 Fax: 303-683-5454
Invoice: 1431 8
Page: 5of7
Date: 6/30/2010
202.00000 EA 202.00
Job N0.:0013094-50-1
18.00000 EA 486.00
100.00000 EA 100.00
Job N0.:0013094-57-1
696.00000 EA 16,704.00
Job N0.:0013094-2-1
696.00000 EA 1,392.00
Job N0.:0013094-3-1
380.00000 EA 380.00
Line Ref. 37 Adj. Table Worksurface - Dual Surface - Straight - 96W x
48D
Job N0.:0013094-4-1
Packina SliD Line ShiD Date
3343 3 6/30/2010
9.00 12727 A 2,805.00000 EA 25,245.00
Line Ref. 38 ErgoPower X5+ Table Base Corner -
Qfy. Ordered: 26.00
Packina Slir, Line ShiD Date
3343 4 6/30/2010
39 1 .oo 13861 A
ErgoPower X5+ Table Base Straight Line Ref, 39
Job N0.:0013094-5-1
2,805.00000 EA 2,805.00
Job N0.:0013094-6-1
Packina SliD ShiD Date
3343 5 6/30/2010
ARForm:OOl:OO
Phone: 303-683-5656
Xybix Systems, Inc. Fax: 303-683-5454
1431 8
8207 SouthPark Circle
Littleton CO 80120
40
41
42
43
44
45
46
Page: 6of7
Date: 6/30/2010
24.00 12757. 1,391 .OOOOO EA 33,384.00
Line Ref. 40
Packina Sliu Line ShiD Date
3343 6 6/30/2010
Monitor Mount - Rollervision - - 1 HI -
Job N0.:0013094-7-1
2.00 12757. 1,391 .OOOOO EA 2,782.00
Line Ref. 41
Packina Sliu Line ShiD Date
3343 7 6130/2010
Monitor Mount - Rollervision - - 1 HI -
Job N0.:0013094-8-1
1 .oo 12758. 1,284.00000 EA 1,284.00
Line Ref. 42
Packina SliD Line ShiD Date
3343 8 6/3012010
Monitor Mount - Rollervision - - 1 HI -
Job N0.:0013094-9-1
1 .oo 13096. 297.00000 EA 297.00
Line Ref. 43
Packina SliD Line ShiD Date
3343 9 6/30/2010
Cable Management - Straight-Dual Surface-96W x 48D
Job N0.:0013094-12-1
26.00 12778. 80.00000 EA 2,080.00
Line Ref. 44
Packina Sliu Line ShiD Date
3343 10 6/30/2010
Shelf 2 Wide UWS - Curve
Job N0.:0013094-22-1
27.00 14462. 1,365.00000 EA 36,855.00
Line Ref. 45 Personal Climate Control - Myclimate With Forced Air
Heater IOOOW
Job N0.:0013094-23-1
Packina SliD Line Shb Date
3343 11 6/30/2010
1 .oo 13637. 1,255.00000 EA 1,255.00
Line Ref. 46 CPU Cabinet - Tech Tower Back To Back 18W
Ofy. Ordered: 3.00 Job N0.:0013094-36-1
Packina Sliu Line ShiD Date
3343 12 6/30/2010
47 1 .oo 13633. 896.00000 EA 896.00
Line Ref. 47
Packina Sliu Line Ship Date
3343 13 6/30/2010
CPU Cabinet - Tech Tower Side By Side 60W
Job N0.:0013094-40-1
ARFom:001:00
Phone: 303-683-5656
Xybix Systems, Inc. Fax: 303-683-5454
Invoice: 14318
8207 SouthPark Circle
Littleton CO 80120 x y b i
48
49
50
51
Paae: 7Of7
5/3012010
6.00 11 069. 1,177.00000 EA 7,062.00
Line Ref. 48
Packina Sliu Line ShiD Date
3343 14 6/30/2010
Rotating Resource Guide - Under Worksurface 40 in
Job N0.:0013094-42-1
1 .oo 1 1844. 1,177.00000 EA 1,177.00
Line Ref. 49
Packina Sliu Line ShiD Date
3343 15 6/30/2010
Rotating Resource Guide - Under Worksurface 36 in
Job N0.:0013094-43-1
12.00 13678. 535.00000 EA 6,420.00
Line Ref. 50 Storage Cabinet - UnderWS Wmoekick - 48W, 28H, 17D
Job N0.:0013094-44-1
Packina Sliu Line ShiD Date
3343 16 6/30/2010
1 .oo 12778. ' 80.00000 EA 80.00
Line Ref. 51
Packina Sliu Line ShiD Date
3343 17 6/30/2010
Shelf 2 Wde UWS - Straight
Job N0.:0013094-56-1
[ Total: 355,290.00 $ 1
1 7/30/2010 355,290.00
Total 355,290.00 1
ARForm:OOl:OO
AGREEMENT BETWEEN OWNER AND SUPPLIER
This Agreement, made and entered into April 6,201 0, by and between Marion
County, a political subdivision of the State of Florida, (hereinafter referred to as the
“COUNTY”) and Xybix Systems, Inc, located at 8207 Southpark Cir, Littleton, CO
80 120, possessing FEN# 84-1 1741 33 (hereinafter referred to as the “SUPPLIER”) under
seal for the Dispatch Console Furniture for 9- 1 - 1 Communication Center Use,
(hereinafter referred to as the “PROJECT”), and the COUNTY and the SUPPLIER
hereby agreeing as follows:
WITNESSETH:
In consideration of the mutual covenants and promises contained herein, the COUNTY
and SUPPLIER (the “PARTIES”) hereto agree as follows:
Section 1 - Term. This Agreement shall commence upon Notice of Award, and
installation at the site shall commence within two (2) weeks of Notice to Proceed.
Anticipated date of NTP is between June 16-June 30, and contingent upon release of project
to the County. Substantial completion of installation shall be within four (4) weeks. The
timeframe may be adjusted with written authorization from the Procurement Services or
Public Safety Communications Director.
Section 2 - Scope of Services. As per specifications and requirements of project
#1 OP-075, the SUPPLIER shall furnish and install 27 Communication Center Dispatch
Consoles as proposed at the Marion County Sheriffs Office.
Section 3 - Compensation. The COUNTY shall make payment to the SUPPLiER in
the amount of $373,798.00 upon completion of the services described in Section 2 of this
agreement.
Section 4 - Laws, Permits, and Regulations. Prior to the performance of any work
hereunder, the SUPPLIER shall obtain and pay for all licenses and permits, as required to
perform the services described in Section 2 of this Agreement. SUPPLIER shall at all times
comply with all appropriate laws, regulations, and ordinances applicable to the services
provided under this Agreement.
Section 5 -Assignment. The SUPPLIER may not subcontract all or any part of this
Agreement to without written approval by the COUNTY.
Section 6 - Notices. Except as otherwise provided herein, all notices and other
communications provided for hereunder shall be in writing and sent by certified mail return
receipt requested, or by hand deliver, and shall be deemed effective if mailed, when
deposited in a United States Postal Service mailbox with postage prepaid or if hand
delivered, when personally handed to the Party to whom the notice or other communication is
addressed, with signed proof of delivery. The COUNTY’S and the SUPPLIER’S
representatives for notice purposes are:
SUPPLIER: Xybix Systems, Inc
8207 Southpark Cir, Littleton, CO 801 20
CONTACT PERSON: Kenneth R Carson
(303) 683-5656 email: kencO.xvbix.com
COUNTY: Marion County Public Safety Communications Department
2630 SE 3rd St, Ocala, FL 34471
A copy of all notices to the COUNTY hereunder shall also be sent to:
County Administrator
601 SE 25’ Ave, Ocala, FL 34471
Procurement Director
Marion County Procurement Services Department
251 1 SE 3rd St, Ocala, FL 34471
Section 7 - Amendments. This Agreement may only be amended by mutual
written agreement of both Parties.
Section 8 - Books and Records. The SUPPLIER shall keep records of all
transactions. The COUNTY shall have a right to review such records at the
SUPPLIER’S office during normal business hours.
Section 9 - Indemnification. The SUPPLIER shall indemnifj and hold harmless
the COUNTY, its officers, employees and agents from all suits, claims, or actions of
every name and description brought against the COUNTY based on personal injury,
bodily injury (including death) or property damages received or claimed to be received or
sustained by any person or persons arising from or in connection with any negligent act
or omission of the SUPPLIER or its employees, officers, or agents in performing the
services set forth herein,
Section 10 - Insurance.
Proof of a minimum of the following in additional to any project specific insurance:
Business Auto Liabilitv shall be provided by the SUPPLIER with combined single
limits of not less than $200,000 per occurrence and is to include bodily injury and
property damage liability arising out of operation, maintenance or use of any auto,
including owned, non-owned and hired automobiles and employee non-ownership use.
Worker’s ComDensation shall be purchased and maintained by the SUPPLIER for
statutory requirement and employers liability limits of at least $100,000 each accident
and $100,000 each employee $500,000 policy limit for disease.
General Liability with combined single limits of not less than $200,000 per occurrence
shall be provided and maintained by the SUPPLIER.
Section 11 - Independent SUPPLIER. In the performance of this Agreement,
the SUPPLIER will be acting in the capacity of an “independent SUPPLIER” and not as
an agent, employee, partner, joint venturer, or associate of the COUNTY. The
SUPPLIER shall be solely responsible for the means, methods, techniques, sequences,
and procedures utilized by the SUPPLIER in the full performance of this Agreement.
Section 12 - DefaultrTermination. In the event the SUPPLIER fails to comply
with any of the provisions of this Agreement, the COUNTY may terminate this
Agreement for cause by first notifying the SUPPLIER in writing, specifying the nature of
the default and providing the SUPPLIER with a reasonable period of time in which to
rectify such default. In the event the default is not cured within the time period given, the
COUNTY thereafter may terminate this Agreement upon written notice to the
SUPPLIER without prejudice to the COUNTY in ternis of any right or for cause; the
COUNTY will be responsible for compensation to the SUPPLIER only for the
tennination date. The COUNTY may terminate this Agreement without cause providing
at least thirty (30) days written notice to the SUPPLIER. In the event of termination of
this Agreement without cause, the COUNTY will compensate the SUPPLIER for all
services timely and satisfactorily perfoinied pursuant to this Agreement up to the date of
termination. Notwithstanding any other provision of this Contract, this Contract may be
terminated if for any reason there are not sufficient appropriated and available monies for
the purpose of inaintaining County or other public entity obligations under this Contract.
County shall have no further obligation to SUPPLIER, other than to pay for services
rendered prior to termination.
Section 13 -Timely Performance. All work will commence upon authorization
from the County's representative. All work will proceed in a timely maimer without
delays.
Section 14 -Damage to Property. The SUPPLIER shall be responsible for all
material, equipment and supplies sold and delivered to the Owner under this Contract and
until final inspection of the work and acceptance thereof by the Owner. In the event any
such material, equipment and supplies are lost, stolen, damaged or destroyed prior to final
inspection and acceptance, the SUPPLIER shall replace the same without additional cost
to the Owner.
Section 15 -Direct Owner Purchases. SUPPLIER shall be responsible for
satisfying all of its other obligations with respect to the Direct Purchase Materials
pursuant to this agreement, as if the Direct Purchase Materials had been purchased by the
SUPPLIER.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized officers on the day, month and year set forth above.
BOARD OF COUNTY
COMMISSIONERS
ATTEST:
DAVID R. ELL*ERMANN, BARBARA FITOS
CLERK OF THE COURT CHAIR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MARION cOIb$h'Y ATTORNEY
f'
ATTEST XYBIX SYSTEMS, INC
-..-,
OFFICER OF COW.
NOTARY CERTIFICATE - to be completed by SUPPLIER
State of:
County ofi Q rfi CS&W
Befoce me this day ersonally appearedm R ~ ~CL CShn and\-* I 0.6 (S6 h
as ~((-4 PC&JLA and %PY.& * & respecti ly of
Xybix Systems, Inc to me well known to be the persons described in or Produced
Identification (name type of ID) Bidets L!cec\s-e and who executed the foregoing
instrument, and who acknowledged that they did so as officers af said corporation all by
and with the authority of the Board of Directors of said corporation.
Witness my hand and seal this q&k, day of h- \I >
My Commission ex@res \\-a5 - 3b\X
,20*.
Signature of Nota c7
\ \ Notary Stamp:
I ... ' . .l i:
EXHIBIT “B”
4 w .* Quote Number: 1 ., I I ., Xyblx Systems, Inc.
8207 Southpark Circle
Littleton, CO 80120 Quote Date: 12(1612010
Revision: A Phone:303-683-5656
Orig Create Date: 12/16/2010
Quote Expires: 3/16/2011
LindsayH
Fa~303-683-5454
Terns: 90% Net 30; 10% Net 7 Punch Page: 1 of3
I Quote To; I I Shin To: Palm Beach Gardens I
Acct: PALBEAPAFL
Judy Brandt
Palm Beach Gardens
10500 N Military Trail
Palm Beach Gardens FL 33410-4697
Phone: (561) 799-4488
10500 N Military Trail
Palm Beach Gardens
FL 3341 0-4697
Sales Person: JENNIFER GUERIN
Rep Phone: 404-91 0-9669
Email: jeng@ybix.com
12.16.10 Drewing Rev4 ImNkls
PLEASE NOTE: OPTIONAL ITEMS ARE NOTlNCLUDED IN THE TOTAL PRICE. PLEASE CONTACTXYBIX TO
HAVE ANY OPTIONAL ITEMS INCLUDED IN THEFINAL PRICE. FREIGHT & INSTALLATION CHARGES WILL
BE ADJUSTED ACCORDINGLY.
Line Part Number Description Quantity UIM Unit Price Net Price
1 .OO 12241. Panel System Priced by the Lot: 1.00 EA $14,793.00 $1 4,793.00
Upper Tiles Fabric Color: TBD Grade 2 G2
Lower Tiles Fabric Color: TBD Grade 2 G2
Panel Trim Color: Black - -- - _______ ~-__ -___ ______ ~-
2.00 13595. Ad]. Table Worksurface - Dual Surface - Comer - 10.00 EA $482.00 $4,820.00
66L x 66R IO RV
2.01 13606. Adj. Table Worksurface - Dual Surface - Straight - 5.00 EA $320.00 $1,600.00
60W x 44D 10 RV
2.02 13096. Cable Management - Comer-Dual Surface66L x 38 10.00 EA $297.00 $2,970.00
66R 10 RV
--L_ __-____-___
2.03 13096. Cable Management - Straight-Dual Surface-GOWx 39 5.00 EA $297.00 $1,485.00
44D 10 RV
. __l___-l___...... i_l__-____l--- --
3.00 11 064LRG ErgoPower X4+ Table Base - Large 15.00 EA $2,370.00 $35,550.00
4.00 12757. Monitor Mount - Rollervision - - 1 HI - 10.00 EA $1,070.00 $10,700.00
----__ - -___ ______- I__ lll_ -I-- -----
Corner - Dual Surface - 66L x 66R 10 RV -
<35# Monitor Qty = 3
-- I -_ __" _--_- " __- ------__-- ---- - -_-_ - -1--
4.01 12758. Monitor Mount - Rollervision - - 1 HI - 5.00 EA $963.00 $4,815.00
Straight - Dual Surface - 60W x 44D 10 RV -
<35# Monitor Qty = 2
4.02 13160. Monitor Mount - Quickstack - - - 30.00 EA $202.00 $6,060.00 ---
-_----I __I___ ~-.___ _-_l___l--___--_- ~ -----
5.01 12787 Ext. Cable USE NA 5M (16'4") a 60.00 EA $16.00 $960.00
QuotForm:OOl :00
Xybii Systems, Inc.
8207 SouthPark Circle
Littleton, CO 80120
Phone:303-683-5656
LindsayH
Fa~303-683-5454
Quote
Quote Number: 101 10
Quote Date: 12/16/2010
Revision: A
Orig Create Date: 12/16/2010
Expires: 3/16/2011
Terms: 90% Net 30; 10% Net 7 Punch Page: 2of3
__--_I ____ --.__--_. ~- __ .._.____._I ". __ _______- __I -__I_ -I_--_-- _I-I__
5.03 11778 Ext. Cable 15' VGA High Quality M/F j1 70.00 EA $54.00 $3,780.00
6.00 11792. Power Bar - 10 Outlet l2 37.00 EA $64.00 $2,368.00
7.00 13171 Task Light - Trillium LED Kit l3 15.00 EA $342.00 $5,130.00
9.00 14462. Personal Climate Control - Myclimate With Forced l7 10.00 EA $I ,365.00 $I 3,650.00
-11___-_1-"- --____I_ __-___I_I- _l____-___lI-----
______I___. - _I____ l__l --__- --___
--- __--__-
Air Heater 1000 W
10.00 12033. Return Worksurface - 18Wx36D j9 4.00 EA $1 95.00 $780.00
10.01 12033. Return Worksurface - 42Wx36D 2O 2.00 EA $1 95.00 $390.00
. - . -_____--*____I -----------.-_--- -__- _-__I
10.02 12033. Return Worksurface - 27.25Wx44D 21 5.00 EA $195.00 $975.00
10.03 12031. Return Worksurface - 54Wx24D 22 2.00 EA $195.00 $390.00
__ -_________ ~ - -__ -- __
10.04 12033. Return Worksurface - 72Wx24D 23 1.00 EA $195.00 $1 95.00
10.05 12034. Return Worksurface - 54Wx36D 44 1.00 EA $245.00 $245.00
- - ____ ---I- I -__I. .-- --
- - -_ I ________ I __-__ -~_ . _____-___.-- ~-
1 I .OO 13629. CPU Cabinet - Tech Tower Single Left Access 18W 24 1 .OO EA $796.00 $796.00
11.01 13637. CPU Cabinet - Tech Tower Back To Back 18W 25 4.00 EA $1,255.00 $5,020.00
11.02 13629. CPU Cabinet - Tech Tower Single Right Access 26 1 .OO EA $796.00 $796.00
-1_- __ - --_ - -
I----- __ -- - - -- -- -- ---
18W -_-- ________________-- __I --.-- --
11.03 13636. CPU Cabinet - CPU 18Wx33D 27 1.00 EA $482.00 $482.00
11.04 13620. CPU Cabinet - CPU 27.25Wx33D 28 5.00 EA $520.00 $2,600.00
11.05 12777. Shelf 1 Wide UWS 40 3.00 EA $54.00 $162.6
12.00 1 1352. Drawer Pedestal - Fixed - Single- 16W - 6-6-12 29 4.00 EA $425.00 $I ,700.00
___- 1_1- .- , --
-- ---_ - - --__ _--l_l_-~--
__I___ __- _____-I_ - _--
Drawers 22D -
- - . -__. - - _.___ .. - - - --_____- -
12.01 13646. Drawer Pedestal - Fixed- Dual Bookcase - 42W- 41 2.00 EA $1,050.00 $2,100.00
66-12 Drawers 22D -
- I_____- -- _I--- 1_1_-
12.02 12427. Drawer Pedestal - Fixed - Dual Bookcase - 36W 42 1 .OO EA $1,000.00 $I ,000.00
6-6-12 Drawers 22D -
I_- - .- - ---.- -_ I__ _____c_---- ~-I_--
12.03 12026. Lateral File - 36W - 3 Drawer 43 5.00 EA $792.00 $3,960.00
QuotForm:001:00
Xybix Systems, Inc.
8207 SouthPark Circle
Littleton, CO 80120
Phone:303-683-5656
Fax:303-683-5454
LindsayH
Quote Number: 101 IO
Quote Date: 12/16/2010
A
Orig Create Date: 12/16/2010 Quote Expires: 3/16/2011
Revision:
Terms: 90% Net 30; 10% Net 7 Punch Page: 3of3
__ _" - __ __ __ _I_I_ ~ - ---- --------I______ 18.00 14329 Filler Panel Melamine -from Ped to panel kame 33 4.00 EA $60.00 $240.00
- _. -_ -- _I___ __ . . __ I___----- -- --- 19.00 10176 Cup Holder - Blk 34 10.00 EA $45 .OO $450.00
. _- -- --- . - - .__ __ - __ _" - - 20.00 11182 I-Fit Software Kit ErgoPower X4 35 0.00 EA $325.00 $0.00
OPTIONAL
I I -- ._ I ______c__-Ix - -- -- I_ - _--- - - _- - ___^____ __ __ 90.00 12356 Installers Kit 36 15.00 EA $0.00 $0.00
I
___-_ ____- - - - _._ - -. -__ - - - __ --____- 99.00 OTHER Other Charges & Services 37 1.00 EA $0.00 $0.00
Line1371 - Miscellaneous Charae - Freight - FullTruck NonTaxable $4,400.00
Installation - Non-Taxable $14,900.00 __ - ~ _I_I_ _l_l___" - - - - - - - - "--..-- -
Lines Total: $1 30,962.00
tine Miscellaneous Charges Total: $19,300.00
Quote Total: $1 50,262.00
Note q;
Totals exclude taxes. Any applicable taxes, fees, permits. etc. must be added to this quote.
Note 2:
Where installation is listed on quote it is based in non-union labor and on one trip for lnstallatlon only. Client is responsible for coordination of Technicians and
other VendorslContracfors. Waltlng time will be charged at the rate of $75 per man hour straight time and $1 15 per man hour for OT plus subslstence expenses.
Additionally, this quote is based upon a remodel in an existing space and/or new building - completely finished with a Certificate of Occupancy. Any project
where the General Contractor is stili on the lob is subject to additional charges.
We appreciate this opportunlty to provide this quote. Our goal Is to substantially improve warking conditions For your valuable staff. We look forward to meeting
With you to review this proposal In detail. In the meantlme please don't hesitate to call us with any questions.
QuotForm:OOl :00
Lr .. .
i .
EXHIBIT “C”
CITY OF PALM BEACH GARDENS
NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes (2010), you are hereby notified that a person or
affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a Bid on a contract to provide any goods or services to a public
entity; may not submit a Bid on a contract with a public entity for the construction or repair of a
public building or public work; may not submit Bids on leases or 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 [F.S.] for CATEGORY Two [$25,000.00]
for a period of 36 months from the date of being placed on the convicted vendor list.
Acknowledged by:
Firm Name
Signature
Name and Title (Print or Type)
Date
I
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6,2011
Petition No. LDRA-10-08-000034
Ordinance 1,201 1
SubjectlAgenda Item:
Ordinance 1,2011: Mixed Use Definitions and Parks and Recreation Open Space
First Reading: A City-initiated request to and add and modify certain definitions within
Section 78-751. Definitions., and to include specific standards for parks and recreation
for new multi-family and zero lot line residential developments.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Revieweq by:
DirrqTning &
A li M. Wong, AlCP
Development Compliance
Bahareh Wolfs, AlCP
Resource Manager
Allyson Black
Approved By:
Originating Dept.:
Planning & Zoning:
Project Manager
Kathbn Wilson,
Planner
[ ] Quasi - Judicial
[XI Legislative
[XI Public Hearing
Advertised:
[ ] Required
Date:
Paper:
Affected parties:
[ ] Notified
f ]Not Required
Finance:
Accountant
NIA
Sarah Varga
Funding Source:
[ ]Operating
[XI Other NIA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
0 Ordinance 1, 201 1
Meeting Date: January 6, 201 1
Ordinance 1, 201 1
Page 2 of 8
BACKGROUND
The subject petition is comprised of amendments to the Land Development Regulations.
Specifically, certain definitions within Section 78-1 57 are being relocated, added, and/or
modified to Section 78-1 57. MXD - Mixed use development district. Modifications to Section
78-80( 12). Required application material. regarding parks and recreation are also proposed
including the creation of a new section within Chapter 78 to detail more specific requirements
for parks and recreation components of a development.
PARKS AND RECREATION LAND DEVELOPMENT REGULATIONS
Sec. 78-80. Required application material.
(a) Application materials. Material to be submitted with the application for concurrency
certification are listed below.
(12) Parks and recreation. Evidence the proposed project will conform to the city's level of
service standards for parks and recreation facilities, utilizing the requirements listed
below.
- ab. Impact on parks and recreation facilities based upon a standard of 32 five (5) acres
of parks per 1,000 persons.
- bd. Plans for providing one or a combination of neighborhood parks, community parks,
construction of recreation facilities, or dedication of land for district or other park
purposes, including the following information:
1. Size and location of parcel;
2. Approximate value of parcel;
3. General parcel characteristics including topography, geology, soils, natural and
historic resources, vegetative communities and habitats, wildlife, water bodies,
submerged lands, aquatic habitats, easements or rights-of-way within or adjacent
to the parcel, and deed restrictions or other constraints which could limit use or
activities on the parcel; and
$3. For payment in lieu of construction or dedication, value of property determined by
an MA1 appraiser.
Meeting Date: January 6, 201 1
Ordinance 1, 201 1
Page 3 of 8
Staff Response: The minimum area requirement has been removed, because this
standard is no longer implemented by the City, and conflicts with the facility
requirement of five (5) acres per 1,000 persons. The five (5) acres per 1,000 persons is
the newly adopted standard within the City's Comprehensive Plan; therefore, this
change provides for internal consistency. The dedication language for recreation
areas has been removed since the City is not in a financial position to assume the
maintenance responsibility for new recreation areas.
Sec. 78-571. Recreation standards.
(a) Dedication required. All residential developments shall dedicate park and recreation
areas as required in the comprehensive plan and this subdivision.
(b) General requirements. Park and recreation sites shall comply with the general
requirements listed below.
(1) Character. Each site shall be of suitable size, dimension, topography, and general
character for the purpose intended.
(2) Access. Each site shall have adequate road access, parking, utilities, and drainage
available for the purpose intended.
(3) Restrictions. Each site shall not be subject to restricted easements.
(4) Location on plat. The area to be dedicated shall be specifically located on a plat as
"reserved for park or recreation purposes."
Sec. 78-572. Recreation sites.
la) Purpose and intent. The Citv of Palm Beach Gardens desires to provide its current and
future citizens with a broad ranqe of parks, open space, and recreational areas. In the
interest of personal health, qualitv of life, and entertainment, it is imDortant that both passive
and active recreation opportunities are provided within residential developments.
{b) Amlicability. All sections of this division shall be effective within the incorporated area
of the citv for all new multi-family residential developments and zero lot line residential homes
after [include effective date of Ordinancel.
(B) Character. Land reserved for dedication for recreation purposes shall be of a character
and location suitable for use as a playground, play field, ball field, or for other public
recreation purposes. Land reserved for dedication shall be relatively level and dry.
Meeting Date: January 6, 201 1
Ordinance 1, 201 1
Page 4 of 8
(c&) Improvements. Land dedicated for park purposes shall be improved by the responsible
party to standards established by the city. Required improvements may be established by the
comprehensive plan, the requirements of this division, or by condition of development order
a p prova I.
Staff Response: A “Purpose and intent” section and “Applicability” section were
added to clearly characterize the City’s overall vision for new recreation areas, and to
define the types of development which will be subject to the provisions of this section.
Various definitions have been removed from this section, consolidated into two (2)
definitions, and relocated more appropriately in Section 78-751. The definitions were
consolidated into Neighborhood Park and Community Park, which are more
representative of the existing and desired park types within the City.
Meeting Date: January 6, 201 1
Ordinance 1, 201 1
Page 5 of 8
le) Development reaulations.
11) At least one (1) neighborhood park shall be located within one-quarter (Xi) mile radius of
each residential home within the proposed development.
a. Minimum size. Each neighborhood park shall be no less than one (1) acre in size.
b. Urban area parks. Those neighborhood parks proposed within dense mixed-use
centers that include a mix of vertical integration shall be allowed to provide a reduced
acreage of one-third (113) acre within a one quarter (Xi) mile radius of each
residential home within the proposed development. Evaluation of these areas shall
be done at the Site Plan review level and approved at the discretion of the Growth
Management Administrator.
c. Preserve areas and natural park credit. UP to 50 percent of the neighborhood park
requirement can be satisfied using the provided preserve acreage. so long as
internal pedestrian amenities, such as walking trails, are incorporated into the
preserve area in accordance with Section 78-250. Preserve area requirements. of
the LDRs.
d. Lake area credit. Up to 40 percent of the neighborhood park requirement can be
satisfied using lake areas that have incorporated linear pedestrian trails and other
hardscape amenities that engage the views of the lake.
e. Clubhouse facilities credit. Clubhouse facilities and other similar tvpe amenities
which provide recreational opportunities to the surrounding residents can be counted
towards the neighborhood park requirement. The clubhouse facilitv acreage shall be
calculated bv the total building footprint, including covered areas with a permanent
roof, pool area, and anv area around the clubhouse facilities that includes a patio
and/or deck area.
f. Golf course credit. UP to 35 percent of the neighborhood park requirements can be
satisfied using any provided golf course acreage.
/2) Maintenance, ownership, and operation of all parks provided within the proiect shall be
the responsibility of the Master Properly Owners Association or other entitv as approved
bv the Citv Attornev. Prior to the first plat approval of the proposed development, the
Applicant shall demonstrate this requirement has been met.
Staff Response: Detailed provisions were created to ensure recreation areas are
provided in proximity to new residential dwelling units. In addition, a system of credits
has been included to provide for flexibility and increased pedestrian amenities.
Sec. 78-681(b)(5). Open Space.
(b) Open space criteria.
Meeting Date: January 6, 201 1
Ordinance 1,201 1
Page 6 of 8
(5) Public parks. The total area contained in public parks may be counted as complying
with open space requirements, subject to the following standards:
a. The park may or may not be linked with the development's open space system,
.. c. Pp
Staff Response: The above provisions have been removed because it is not the City's
intent to assume responsibility of parks provided through the development process
that meet the current requirement.
Mixed Use Development District Definitions
Sec. 78-157. MXD - Mixed use development district.
e: "2
Staff Response: The definitions are being relocated from Section 78-157. MXD -.Mixed
use development district. and placed into a more appropriate location in the code in
Section 78-751. Definitions., where all the existing development regulations currently
are located.
Meeting Date: January 6, 201 1
Ordinance 1, 201 1
Page 7 of 8
Sec. 78-751. Definitions.
Alley means an access way providing access to service areas, parking, outbuildings
Lqarage) and contains utility easements. This condition is more urban in nature and does not
include any streetscape requirements, including, but not limited to, sidewalks and street
trees.
Build to line means the location on a lot or property where a principal wall or facade is to
be constructed.
Community park means areas. recreational buildings, sports fields, senior citizen areas, or
open spaces designed to serve a larger area of the community or groupings of
neighborhoods. A community park includes all the facilities found in a neighborhood park
plus more specialized facilities, including pools, softbaWbaseball fields, tennis courts, play
areas, picnic areas, passive and active recreation areas, and recreation buildings.
Government uses means land or improvements utilized for public purposes, including, but
not limited to, a city hall, police station, fire station, branch courthouse, public office building,
library, maintenance building, any accessory use, or establishment associated with
employee-oriented services, etc.
Live-work means a use that is desiqned to accommodate an attached or detached
building with residential uses, commercial uses, or a combination of the two within individually
occupied live-work units, all of which may OCCUPY any story of the building.
Main street means a pedestrian-oriented retail road.
Neighborhood park means an area designed to benefit residents within walking distance
and may include, but not be limited to, play areas, benches, open space, landscaping,
walking trails, and Picnic tables.
Pedestrian-oriented ground floor uses means those establishments providing for the retail
sale of goods and services to pedestrians, including. but not limited to, restaurants. appliance
and electric repair, bars and lounges, bicycle sales and rental, book sales, florists, fruit and
vegetable markets, gift shops, grocery stores, hardware stores, newsstands. ofice SUPPIY,
sporting goods, tobacco shops, toy stores, video stores. and other similar uses.
Primary street means a street which is a regional arterial. providing intercity movement of
people, goods, and vehicles, such as PGA Boulevard, Alternate AIA, Military Trail, the
Florida Turnpike, and 1-95.
Secondary street means a street providing both intercitv and intracity movement of
people, goods, and vehicles, such as Donald Ross Road, Central Boulevard, RCA Boulevard,
Burns Road, Fairchild Gardens Road, and Prosperity Farms Road.
Meeting Date: January 6, 201 1
Ordinance 1, 201 1
Page 8 of 8
Tertiary street means a street providing local or neighborhood serving roads.
Wafer access means propertv which provides and maintains an access ramp into a bodv
of water. Such access should be open for use bv the public and/or the communitv in which it
is located. Such a facilitv can provide access for both motorized and non-motorized
watercrafts.
Staff Response: The definitions above reflect the relocation of the Mixed Use
definitions, as well as the parks and recreation definitions, which have been revised
and relocated into the most appropriate section of the LDRs.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed amendments are consistent with the overall Goals, Objectives, and Policies of
the City’s Comprehensive Plan.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
On October 12, 201 0, the Planning, Zoning, and Appeals Board (PZAB) unanimously
recommended approval of the petition to City Council.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 1 , 201 1 as presented on first reading.
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ORDINANCE 1,2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
DEVELOPMENT. BY REPEALING SUBSECTION 78-80(a)(I 2) AND
READOPTING SAME, AS REVISED; FURTHER AMENDING
DEFINITIONS. IN ITS ENTIRETY AND RESERVING SAME FOR
FUTURE LEGISLATION; FURTHER AMENDING CHAPTER 78. BY
CHAPTER 78. BY REPEALING SUBSECTION 78-157(b).
REPEALING SECTIONS 78-571. AND 78-572. AND SUBSECTION
78-681(b)(5) AND READOPTING SAME, AS REVISED, IN ORDER
FURTHER AMENDING CHAPTER 78. AT SECTION 78-751.
TO CLARIFY PARK AND RECREATION REQUIREMENTS;
DEFINITIONS. BY REPEALING THE DEFINITIONS OF “ALLEY”
AND “GOVERNMENT USES” AND READOPTING SAME, AS
REVISED, AND ADOPTING NEW DEFINITIONS OF “BUILD TO
LINE”, “COMMUNITY PARK”, “LIVE-WORK”, “MAIN STREET”,
“NEIGHBORHOOD PARK”, “PEDESTRIAN-ORIENTED GROUND
FLOOR USES”, “PRIMARY STREET”, “SECONDARY STREET”,
“TERTIARY STREET”, AND “WATER ACCESS”; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City of Palm Beach Gardens Comprehensive Plan was
amended in 2010 as part of the second round of amendment to the Comprehensive
Plan; and
WHEREAS, the Recreation portions of the existing Land Development
Regulations have been modified and updated in response to the adopted
Comprehensive Plan amendments; and
WHEREAS, City staff has initiated an amendment (Petition LDRA-I 0-08-000034)
to the City’s Land Development Regulations amending Chapter 78. Land Development.
Section 78-80, Section 78-1 57, Section 78-571, Section 78-572, Section 78-681 (b)(5),
and Section 78-751; and
WHEREAS, on October 12, 2010, the Planning, Zoning, and Appeals Board
conducted a public hearing and recommended approval and adoption of the proposed
amendments to the City Council with a vote of 7-0; and
Page 1 of 3
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Ordinance 1, 201 1
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 78. Land Development Regulations. of the Code of
Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section
78-80. Required application material. , Section 78-571 . Recreation standards., Section
78-572. Recreation sites., Section 78-681. Open spaces., Section 78-157. MXD - Mixed
use development district., and Section 78-751. Definitions. , in accordance with Exhibit
“A , attached hereto and incorporated herein.
SECTION 2. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 3. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 4. Specific authority is hereby given to codify this Ordinance.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
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Ordinance 1,201 1
PASSED this day of
PASSED AND ADOPTED this day of , 2011, upon
, 201 1 , upon first reading.
second and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
Marcie Tinsley, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
AGAINST ABSENT
G:lattorney-share\ORDI”NCES\201 l\Ordinance 1 201 1 - parks and rec code amendment.docx
Page 3 of 3
EXHIBIT &‘A’’
Sec. 78-80. Required application material.
(a) Application materials. Material to be submitted with the application for concurrency
certification are listed below.
(1)-(11> (These subsections shall remain in full force and effect as previously
enacted.)
(12) Parks and recreation. Evidence the proposed project will conform to the city’s level
of service standards for parks and recreation facilities, utilizing the requirements
listed below.
BaJmpact on park and recreation facilities based upon a standard of 34 five (5)
acres of parks per 1,000 persons.
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E&. Plans for providing one or a combination of neighborhood parks, community
parks, construction of recreation facilities, or dedication of land for district or
other park purposes, including the following information:
1. Size and location of parcel;
2. Approximate value of parcel;
3. General parcel characteristics including topography, geology, soils, natural
and historic resources, vegetative communities and habitats, wildlife, water
bodies, submerged lands, aquatic habitats, easements or rights-of-way
within or adjacent to tie parcel, and deed restrictions or other constraints
which could limit use or activities on the parcel; and
544For payment in lieu of construction or dedication, value of property
determined by an MA1 appraiser.
Sec. 78-157. MXD - Mixed use development district.
(a) (This subsection shall remain in full force and effect as previously enacted.)
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Ordinance 1, 201 1
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(c)-(I) (These subsections shall remain in full force and effect as previously enacted.)
Sec. 78-571. Recreation standards.
(a) Dedication required. All residential developments shall dedicate park and
recreation areas as required in the comprehensive plan and this subdivision.
(b) General requirements. Park and recreation sites shall comply with the general
requirements listed below.
(I) Character. Each site shall be of suitable size, dimension, topography, and general
character for the purpose intended.
(2) Access. Each site shall have adequate road access, parking, utilities, and
drainage available for the purpose intended.
(3) Restrictions. Each site shall not be subject to restricted easements.
(4) Location on plat. The area to be dedicated shall be specifically located on a plat
as "reserved for park or recreation purposes."
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Ordinance 1, 201 1
Sec. 70-572. Recreation sites.
(a) Pumose and intent. The Citv of Palm Beach Gardens desires to provide its current
and future citizens with a broad range of parks, open space, and recreational areas. In
the interest of personal health, aualitv of life, and entertainment, it is important that both
passive and active recreation opportunities are provided within residential
developments.
/b) ArPipIicabiIity. All sections of this division shall be effective within the incorporated
area of the citv for all new multi-familv residential developments and zero lot line
residential homes after [include effective date of Ordinance].
(a+@ Character. Land reserved for dedication for recreation purposes shall be of a
character and location suitable for use as a playground, play field, ball field, or for other
public recreation purposes. Land reserved for dedication shall be relatively level and
dry-
+$@ Improvements. Land dedicated for park purposes shall be improved by the
responsible party to standards established by the city. Required improvements may be
established by the comprehensive plan, the requirements of this division, or by condition
of development order approval.
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Ordinance 1,201 1
le) Development regulations.
{I) At least one (1) neighborhood park shall be located within one-quarter (%) mile
radius of each residential home within the proposed development.
a. Minimum size. Each neighborhood park shall be no less than one (1) acre in
size.
b. Urban area parks. Those neighborhood parks proposed within dense mixed-
use centers that include a mix of vertical integration shall be allowed to provide
a reduced acreage of one-third (113) acre within a one quarter (%) mile radius
of each residential home within the proposed development. Evaluation of these
areas shall be done at the Site Plan review level and approved at the discretion
of the Growth Management Administrator.
c. Preseme areas and natural park credit. UP to 50 percent of the neighborhood
park requirement can be satisfied using the provided preserve acreage. so long
as internal pedestrian amenities, such as walking trails, are incorporated into
the preserve area in accordance with Section 78-250. Preserve area
requirements. of the LDRs.
d. Lake area credit. UP to 40 percent of the neighborhood park requirement can
be satisfied usinq lake areas that have incorporated linear pedestrian trails and
other hardscape amenities that engage the views of the lake.
e. Clubhouse facilities credit. Clubhouse facilities and other similar tvpe amenities
which provide recreational opportunities to the surrounding residents can be
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Ordinance 1, 201 1
counted towards the neiqhborhood park requirement. The clubhouse facilitv
acreage shall be calculated bv the total buildina footprint, including covered
areas with a permanent roof, pool area, and any area around the clubhouse
facilities that includes a patio and/or deck area.
f. Golf course credit. UP to 35 percent of the neiahborhood park requirements
can be satisfied using any provided golf course acreage.
12) Maintenance, ownership, and operation of all parks provided within the proiect
shall be the responsibilitv of the Master Propertv Owners Association or other
entitv as approved bv the Citv Attornev. Prior to the first plat approval of the
proposed development, the Applicant shall demonstrate this requirement has been met.
Sec. 78-681(b)(5). Open Space.
(a) (This subsection shall remain in full force and effect as previously enacted.)
(b) Open space criteria.
(1)-(4) (These subsections shall remain in full force and effect as previously enacted.)
(5) Public parks. The total area contained in public parks may be counted as
complying with open space requirements, subject to the following standards:
a. The park may or may not be linked with the development’s open space
system,
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(6) (This subsection shall remain in full force and effect as previously enacted.)
All definitions are to be placed in the list of definitions set forth at Section 78-751
in alphabetical order. However, those definitions annotated by an asterisk (*) are
to be placed in alphabetical order under the existing subheading “Streets and
roads.”
Sec. 78-751. Definitions.
.. Alley 1 Saccess
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Ordinance 1, 201 1
means an access way Providing access to service areas, parking, outbuildings (garage)
and contains utility easements. This condition is more urban in nature and does not
include any streetscape requirements, including, but not limited to, sidewalks and street
trees.
Build to line means the location on a lot or propertv where a principal wall or facade
is to be constructed.
Community park means areas, recreational buildinqs, sports fields, senior citizen
areas, or open spaces designed to serve a larger area of the communitv or groupings of
neighborhoods. A communitv park includes all the facilities found in a neighborhood
park plus more specialized facilities. including pools, softball/baseball fields, tennis
courts, play areas, picnic areas, passive and active recreation areas, and recreation
buildings.
Government uses means land or improvements utilized for public purposes,
including, but not limited to, a city hall, police station, fire station, branch courthouse,
public office building, library, maintenance building, anv accessorv use, or
establishment associated with emplovee-oriented services, etc.
Live-work means a use that is designed to accommodate an attached or detached
building with residential uses, commercial uses, or a combination of the two within
individuallv occupied live-work units, all of which may OCCUPV anv stow of the building.
*Main street means a pedestrian-oriented retail road.
Neiahbohood park means an area designed to benefit residents within walking
distance and may include, but not be limited to, plav areas, benches, open space,
landscaping, walking trails, and picnic tables.
Pedestrian-oriented around floor uses means those establishments providing for the
retail sale of goods and services to pedestrians, including. but not limited to,
restaurants, appliance and electric repair, bars and lounges. bicvcle sales and rental,
book sales, florists, fruit and veqetable markets, gift shops, grocerv stores, hardware
stores, newsstands, office SUPP~V, sporting goods, tobacco shops, tov stores, video
stores, and other similar uses.
*Primary street means a street which is a regional arterial, providina intercitv
movement of people, goods, and vehicles, such as PGA Boulevard, Alternate AIA,
Militarv Trail, the Florida Turnpike, and 1-95.
*Secondary street means a street providing both intercity and intracity movement of
people, goods, and vehicles, such as Donald Ross Road, Central Boulevard, RCA
Boulevard, Burns Road, Fairchild Gardens Road, and Prosperity Farms Road.
*Tertiary street means a street providing local or neighborhood serving roads.
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Ordinance 1, 201 1
Wafer access means propertv which provides and maintains an access ramp into a
bodv of water. Such access should be open for use bv the public and/or the community
in which it is located. Such a facilitv can provide access for both motorized and non-
motorized watercrafts.
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 201 1
Petition MISC-10-10-000078
Resolution 2, 2011
SUBJECTlAGENDA ITEM:
Resolution 2, 2011: Christ Fellowship Church North Campus Planned Unit
Development (PUD)
Consideration for Approval: Christ Fellowship Church is requesting approval of a
Miscellaneous petition to modify two (2) conditions of approval related to traffic control
and monitoring. The site is located on the north side of Northlake Boulevard, one (1)
mile west of Military Trail.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Development Compliance
-4zu-- Bahareh K. Wolfs, AICP
Resource Manager
Allyson Black
Approved By:
Ronald fvl. Fdris
I
Originating Dept.:
Planning and Zoning
Project Ma.nager
Kathryn Wilson
Planner
[ ] Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
[ ] Required
[XI Not Required
Affected Parties:
[ ] Notified
[XI Not Required
Finance:
Senior Accountant
-+I& -FJ
Tresha Thomas
Fees Paid: [XI Yes
Funding Source:
[ ] Operating
[XIOther NA
Budget Acct.#:
N/A
City Council Action:
[ ] Approved
[ ] App. w/ conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
0 Location Map
0 Project Narrative
0 Resolution 83, 2005
0 Resolution 2, 201 1
Meeting Date: January 6, 201 1
Resolution 2, 201 1
Page 2 of 5
BACKGROUND
On November 20, 1997, City Council adopted Ordinance 20, 1997 to allow Christ
Fellowship North Campus to rezone twenty (20) acres of land located on the northeast
corner of Northlake Boulevard and Gibson Road to a Planned Unit Development (PUD).
Subsequently, on June 18, 1998, City Council approved the Plat of Christ Fellowship
North Campus per Resolution 57,1998.
On July 15, 1999, Ordinance 23, 1999 was passed, amending Ordinance 20, 1997, to
allow minor changes to the elevations and floor plans of buildings A, B and C in the
Christ Fellowship North Campus PUD.
On November 17, 2005, Ordinance 18, 2005 was passed, allowing a parcel of land,
approximately 20 acres, to be rezoned from Residential Low Density-3 (RL-3) to a
Planned Unit Development (PUD) overlay with an underlying zoning of RL-3 and to be
included in the Christ Fellowship North Campus PUD. The site is located on the north
side of Northlake Boulevard approximately one (1 ) mile west of Military Trail.
On November 17, 2005, Resolution 83, 2005 was passed allowing the Christ Fellowship
North Campus PUD to incorporate an additional 20 acres and to allow the development
of a 127,708 square foot expansion.
On May 21, 2009, Resolution 32, 2009 approved the master signage program for the
Christ Fellowship North Campus PUD.
The subject request involves changing the language of conditions two (2) and three (3)
of Resolution 83, 2005 relating to traffic control and monitoring.
LAND USE & ZONING
The subject site has a Planned Unit Development (PUD) zoning with an underlying
zoning of Residential Low Density-3 (RL-3). The future land use designation of the site
is Residential Low.
(The remainder of this page left intentionally blank)
Meeting Date: January 6, 201 1
Resolution 2, 201 1
Page 3 of 5
PUDIRL-3 - Residential Low RL - Residential Low Subiect Property
Religious Institution
PUD/RL-3 - Residential Low RL - Residential Low North
Residential
RL-1 - Residential Low RL - Residential Low South
Residential East Palm Beach County Palm Beach County
Office Public Ownership (PO) Residential Low Density (LR-1)
Residential Residential (PUD) Institutional (INST/8)
Residential Agricultural Residential (AI?) Residential Low Density (LR-1)
RL - Residential Low West
Res id entia I PUD/RL-3 - Residential Low
CONCURRENCY
The Applicant’s request does not affect the project’s concurrency approval.
PROJECT DETAILS
Buildinq Site
The subject site is approximately 40 acres and contains 212,908 square feet of various
uses that include: The church sanctuary; meeting rooms; administrative offices; a youth
theater; and choir suites. There are 1,866 parking spaces on the site (1,088 grass and
781 paved) and the main sanctuary contains 1,750 seats. No changes to the approved
site plan are being made with this request.
LandscapingBu ffering
The subject site consists of 39.19 percent open space. The applicant is not proposing
any changes to the existing landscaping.
Parking
The proposal will not alter the existing site plan.
Site Access
The site currently has two (2) points of access from Northlake
to the existing access are proposed.
Boulevard. No changes
Phasinq
The improvements will be completed in one (1) phase.
Meeting Date: January 6, 201 1
Resolution 2, 201 1
Page 4 of 5
Drainage
The Applicant is not proposing changes to the existing drainage system.
Conditions of Approval
The Applicant is proposing to modify the language of conditions No. 2 and No. 3 of
Resolution 83, 2005 relating to traffic control and monitoring. The proposed changes
are justified by the installation of a traffic signal at the site’s eastern most entrance on
Northlake Boulevard. At the time Resolution 83, 2005 was approved the signal
improvements were not installed, and therefore the additional traffic support and
circulation assistance was essential. The signal has since been installed, and has been
operating effectively for over two (2) years.
Condition No. 2 requires the church to utilize no less than four (4) police officers on site
during all regularly scheduled Sunday services. The church is requesting to reduce the
number of officers required on site for regularly scheduled Sunday services. The City’s
Police Department has reviewed the proposed changes and supports the flexibility the
new condition language will allow due to the use of the traffic signal. The new condition
language will allow only one (1) officer on site to operate the signal, not four (4) policing
the site as originally approved. However, the church will have the flexibility to hire
additional police officers for specific events, if needed. Christ Fellowship also maintains
an actively involved and trained volunteer traffic team for all services and special
events. The traffic team will remain on site, despite the proposed condition changes, for
circulation and directional purposes.
The following language is proposed for Condition No. 2 in
format:
and underline
2. The owner or successor shall utilize police or equally-trained officials at all ingress
and egress points along Northlake Boulevard for the management of traffic flow and
direction before and after all events, including regularly scheduled events. The
petitioner shall maintain a-twhkw of f&wo police or equally-trained officials at all
times for the direction and control of traffic entering and exiting the site
appropriate number of police officers required for traffic circulation management as
based on the varying field conditions and police officer recommendations. As a
guideline, traffic on Northlake Boulevard shall not be stopped for more than ninety (90)
seconds during the traffic control period. Priority shall be giving to Hunt Club Drive with
regard to traffic management and access onto Northlake Boulevard in an effort to
minimize the impact on surrounding residents. (Planning & Zoning)
Meeting Date: January 6, 201 1
Resolution 2, 201 1
Page 5 of 5
Condition No. 3(b) requires that Christ Fellowship move the second Sunday service to
12:OO p.m. The condition originated from concerns that two (2) back to back services
may result in overlapping traffic patterns between patrons entering and exiting the site.
However, the circulation improvements, increase of parking, and directional signage
have contributed positively to the effective traffic operations throughout the site. The
proposed condition will allow the church the flexibility to establish service times that best
suit their needs. The modified language includes a requirement that the church make a
formal request to the City with appropriate justification of any changes to the approved
service times.
The following language is proposed for Condition No. 3b in
format:
and underline
3. The Applicant shall comply with the following conditions and recommendations
outlined in the memorandum prepared by the City’s traffic consultant, MTP Group, Inc.,
dated July 29, 2004, and March 15, 2005, on file with the City’s Growth Management
Department:
a) Prior to the issuance of the first Certificate of Occupancy for the new buildings,
the Applicant shall convert the existing exclusive westbound right-turn lane to a
shared throughh-ight-turn lane at the intersection of Northlake Boulevard and Military
Trail.
b) 4 ? ?:4.5-2 ,I m . L +c2 ?2:-- T+--
nm U” ,I,
-The times for Sunday services shall be coordinated and modified as
necessary to impwe maintain efficient traffic operations based on an annual traffic
report to be provided to the Planning and Zoning Department for review and
appro Val.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 2, 201 1 as presented.
LOCATION MAP
Christ Fellowship North Campus PUD
Cotleur & Hearing Landscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane . Suite 1 * Jupiter, Florida * 33458 . Ph 561.747.6336 . Fax 561.747.1377 . www.cotleurhearing.com . Lic# LC-COO0239
CHRIST FELLOWSHIP
Miscellaneous Petition
Statement of Use
Introduction
Christ Fellowship Church, the applicant, is seeking approval of a miscellaneous petition to
modify conditions of approval for the Christ Fellowship PUD. The applicant is proposing to
modify conditions two and three of Resolution 83, 2005. These are traffic conditions related to
the number of police officials and service times.
Application Request
Miscellaneous Petition $1,650.00
Escrow $1,000.00
TOTAL $2,650.00
Project Team
Agent
Cotleur & Hearing, Inc.
1934 Commerce Lane, Suite 1
Jupiter, FL 33458
Phone: (561) 747-6336 x 128
Fax: (561) 747-1377
Email: akalfin@Cotleur-Hearing.com
Contact: Donaldson HearindAlessandria KaIfin
Applicant/Property Owner
Christ Fellowship Church
5343 Northlake Boulevard
Palm Beach Gardens, FL 33418
Phone: (561) 799-7600
Fax: (561)622-1718
Email: DaveL@cftoday.org
Contact: Dave Lonsberry
Background
The purpose of this request is to modify two traffic conditions of approval in Resolution 83,
2005. The conditions were written in 2005, before the new Family Life Center and related site
improvements were constructed. The purpose bf the conditions was to require supplemental
traffic support to enhance safety and traffic circulation on and off the church campus. The
improvements to the site included the installation of mast arm signalization at the easternmost
entrance of the campus. Prior to signalization on-site support by off-duty Palm Beach Gardens
Police Officers was essential and critical to the movement of vehicles entering and exiting on
North lake Boulevard. ’5
The traffic signals and related site improvement have been operating effectively for ovet,t~o,,-~‘
years. The overall efficiency and improvement of traffic circulation has far exceed&’ >-*
. >, i
*,h , rl$@ p- , \> c
“u,. ,<\’ ~
Christ Fellowship
Miscellaneous Petition
October 18,2010
CH#: 04-0417
expectations. It now only takes one officer to operate the signal where in the past three officers
with flares and other traffic control devises were required.
Request
Condition #2: Condition two requires a minimum of four (4) police officers before, during, and
after an event to direct and control traffic. This includes regularly scheduled events such as
Sunday services. Christ Fellowship (CF) would like to reduce the mandatory number of officers
based on the intensity of the service and or special event. For most weekend services CF
anticipates using three (3) police officers; one officer for controlling the traffic light on
Northlake Boulevard and two for on-campus security. During lighter, midweek services only one
officer is necessary to control the signal on Northlake. It should be noted that CF’s volunteer
traffic team is actively involved in all services and special events. The traffic team generally
includes 8-12 trained volunteers strategically positioned throughout the parking areas.
The church consulted with the police department who agreed that some flexibility to
accommodate the current and future needs of the church is sensible. Based on these
discussions CF would like to delete the text within condition two that states “a minimum of four
(4)”. The condition will continue to require “the petitioner to maintain police or equally-trained
officials at all times for the direction and control of traffic”. However with the deletion of the
number of officers, both the church and the Police Department have the flexibility to service
the site with the number of officers they see fit for the specific event or service.
2. The owner or successor shall utilize police or equally-trained officials at all ingress and
egress points along Northlake Boulevard for the management of traffic flow and
direction before and after all events, including regularly scheduled events. The petitioner
shall maintain police or equally-trained officials at all times for the
direction and control of traffic entering and exiting the site
e. The petitioner shall adjust and provide the
appropriate number of police officers required for traffic circulation management as
based on the varying field conditions and police officer recommendations. As a guideline,
traffic on Northlake Boulevard shall not be stopped for more than ninety (90) seconds
during the traffic control period. Priority shall be given to Hunt Club Drive with regard to
traffic management and access onto Northlake Boulevard in an effort to minimize the
impact on surrounding residents. (Planning & Zoning)
Condition #3.b: Condition 3.b requires that Christ Fellowship to move the second Sunday
service to 12:OO noon. This condition was recommended by the City’s prior traffic consultant.
The concern was that the two morning services were back to back and thus moving the 11:45
a.m. service to 12:OO noon would circumvent any traffic issues where congregants entering the
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Christ Fellowship
Miscellaneous Petition
October 18,2010
CH#: 04-0417
site would conflict with congregants leaving. The on-site traffic circulation improvements,
together with the substantial increase of parking have proven to work effectively and have
virtually eliminated transitional traffic conflicts. Due to the success of the traffic control plans
and the coordination between the City and the church, traffic between services has not been a
problem. This issue has also been prevented due to the traffic light that was installed at the
entrance into the facility. CF would like the flexibility to establish service time that best
facilitates the church’s ministry objectives. That being said CF recognizes that it is in the
churches and the city’s mutual interest to set service to avoid traffic conflicts. The proposed
revised condition will continue to require coordination with the Growth Management
department for service times to ensure there is never a conflict.
3. The Applicant shall comply with the following conditions and recommendations
outlined in the memoranda prepared by the City’s traffic consultant, MTP Group, Inc.,
dated July 29, 2004, and March 15, 2005, on file with the City’s Growth Management
Department:
a) Prior to the issuance of the first Certificate of Occupancy for the new buildings,
the Applicant shall convert the existing exclusive westbound right-turn lane to a
shored through/right-turn lane at the intersection of Northlake Boulevard and
Military Trail.
with the Growth Manaqement Administrator and modified as necessary to
maintain efficient traffic operations.
Conclusion
All goals, objectives and policies of the City of Palm Beach Gardens Comprehensive Plan and
Land Development Regulations and Development Order requirements have been met by this
application. The proposed modifications to the conditions are consistent with the original
intent of Resolution 83, 2005. The requested modifications are timely as the church is now
functioning at its full capacity. This request will not adversely impact surrounding properties
and will ensure consistency with the approved plan.
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RESOLUTION 83,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE CHRIST FELLOWSHIP NORTH CAMPUS PLANNED UNIT
DEVELOPMENT (PUD), LOCATED ON THE NORTH SIDE OF
NORTHLAKE BOULEVARD APPROXIMATELY ONE MILE WEST
OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO INCORPORATE AN ADDITIONAL 20 ACRES AND TO
EXPANSION TO THE NORTH CAMPUS; GRANTING
CONDITIONAL USE APPROVAL FOR THE EXPANDED CHRIST
FELLOWSHIP CAMPUS; AMENDING CERTAIN CONDITIONS OF
APPROVAL FOR THE NORTH CAMPUS; PROVIDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
ALLOW THE DEVELOPMENT OF A 127,708-SQUARE-FOOT
WHEREAS, on November 20, 1997, the City Council adopted Ordinance 20,
1997, thereby approving the Christ Fellowship North Campus Planned Unit
Development (PUD) and the master development plan for said PUD; and
WHEREAS, on July 15, 1999, the City Council adopted Ordinance 23, 1999
amending Ordinance 20, 1997 to allow for changes to the elevations and floor plans for
the aforesaid PUD; and
WHEREAS, the City has received a request (Petitions PUD-01-03 & PUD 03-01)
from Mr. Doug Rhudy of Palm Beach Gardens Christ Fellowship, Inc. for approval of: (1)
an amendment to the Christ Fellowship North Campus Planned Unit Development
(PUD) to allow the incorporation of 20 acres of land lying immediately east of the
existing North Campus into the PUD to facilitate the development of a 159,180-square-
foot expansion to the North Campus; (2) a conditional use for the expanded Christ
Fellowship Campus; and (3) the deletion of certain conditions of approval for the North
Campus, generally located on the north side of Northlake Boulevard approximately one
(1) mile west of Military Trail, as more particularly described herein; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City’s Land Development
Regulations and Comprehensive Plan, and has recommended approval; and
WHEREAS, by adoption of Ordinance 18, 2005, the City Council determined that
the site plan approvals and related conditions for the Christ Fellowship North Campus
PUD contained in Ordinance 20, 1997 and Ordinance 23, I999 shall be transferred to
this Resolution; and
Date Prepared: June 1,2005
As Amended: November 17.2005
Date Prepared: June 1,2005
Resolution 83, 2005
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WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended Master Development Plan for the Christ Fellowship
North Campus Planned Unit Development is hereby APPROVED on the following
described real property to permit the following development:
a 127,708-square-foot expansion of ancillary uses to an existing religious
institute on the existing North Campus; and
a conditional use approval for the entire 40-acre Christ Fellowship North
Campus PUD
on an approximately 40-acre site located along the north side of Northlake Boulevard
approximately one (1) mile west of Military Trail, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided
by ordinance:
LEGAL DESCRIPTION:
“WEST 20 ACRES“
THE EAST 653.87 FEET OF THE WEST 693.87 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING ‘MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88O30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE
NORTH I”57’07’’ EAST ON A LINE PARALLEL TO AND 40 FEET EAST OF THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE
OF 1,332.88 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14 SAID LINE ALSO BEING THE
SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59,
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Date Prepared: June 1,2005
Resolution 83.2005
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PAGES 162 THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH
88°25’09” EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET; THENCE SOUTH
l”57’07” WEST ALONG A LINE PARALLEL TO AND 693.87 FEET EAST OF THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE
OF 1,331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 14; THENCE NORTH 88O30’27” WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 653.89 FEET TO THE POINT OF BEGINNING.
CONTAINING 20.00 ACRES, MORE OR LESS.
-and-
“EAST 20 ACRES“
THE NORTH 691.11 FEET LESS THE WEST 693.87 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 1O57’07” EAST ALONG THE WEST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1,332.94 FEET TO
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 14, SAID LINE ALSO BEING THE SOUTH LINE OF
THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162
THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88O25’09”
EAST ALONG SAID LINE, A DISTANCE OF 693.88 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 88O25’09” EAST ALONG SAID LINE, A
DISTANCE OF 629.59 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 1O57’07”
WEST ALONG SAID EAST LINE, A DISTANCE OF 691 .I 1 FEET TO A LINE 691 .I 1
FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88”25’09” WEST
ALONG SAID LINE, A DISTANCE OF 631 .OO FEET TO A LINE 693.87 FEET EAST OF
THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE
NORTH 1’57’07” EAST ALONG SAID LINE, A DISTANCE OF 691.12 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS
THE NORTH 691.11 FEET THEREOF AND LESS THE WEST 693.87 FEET
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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Date Prepared: June 1,2005
Resolution 83,2005
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COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88O30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 693.89 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 632.30 FEET TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14;
THENCE NORTH lo50’O7” EAST ALONG SAID EAST LINE, A DISTANCE OF 639.77
FEET TO A LINE 691 .I 1 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE
NORTH 88’25’09“ WEST ALONG SAID LINE, A DISTANCE OF 631.00 FEET TO A
LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 14; THENCE SOUTH 1’57’07” WEST ALONG SAID LINE, A
DISTANCE OF 640.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 19.28 ACRES, MORE OR LESS.
TOTAL LAND COMBINED CONTAINING 39.28 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following six (6) waivers:
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6.
Section 78-315(b) of the City’s LDRs, entitled Landscape islands, to allow
for more than nine (9) parking spaces in a row without the inclusion of a
landscape island.
Section 78-414 of the City’s LDRs, entitled Number of spaces required
(bicycle parking), to allow for 48 bicycle parking spaces.
Section 78-141 of the City’s LDRs, entitled Residential zoning district
regulations, to allow for a building height of 38 feet, 10 inches.
Section 78-1 590)(49) of the City’s LDRs, entitled Additional standards, to
allow for 1,086 grassed parking spaces (59% of required parking).
Section 78-344 (1)(1) of the City’s LDRs, entitled Minimum dimensions (of
off-street parking), to allow for 777 parking spaces at 9.5 feet in width.
Section 78-345(d)(I) of the City’s LDRs, entitled lncrease of parking spaces
allowed, to allow for 1,866 parking spaces to be provided on site.
SECTION 4. Said Planned Unit Development is approved subject to the
following amended conditions, which shall be the responsibility of the Applicant, its
successors, or assigns:
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Date Prepared: June 1,2005
Resolution 83,2005
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Traffic
1. The four (4) traffic lanes located at the western portion of the site which
provide access to/from Northlake Boulevard shall be utilized as follows:
a) Following all services and events, traffic cones or other similar traffic
devices shall be utilized so as to limit ingress to the site to one (1) lane;
egress shall be provided via two (2) left-turn lanes and one (1) right-turn
lane. NO LONGER APPLICABLE.
b) During all other times, two (2) lanes shall be used as inbound lanes and
two (2) lanes shall be used as outbound lanes. NO LONGER
APPLl CAB LE.
2. The owner or successor shall utilize police or equally-trained officials at all
ingress and egress points along Northlake Boulevard for the management
of traffic flow and direction before and after all events, including regularly
scheduled events. The petitioner shall maintain a minimum of four (4)
police or equally-trained officials at all times for the direction and control of
traffic entering and exiting the site in accordance with the recommendations
made by the City’s traffic consultant, MTP Group, Inc., in the memorandum
dated March 15, 2005, prepared by MTP Group, Inc., on file with the City’s
Growth Management Department. The petitioner shall adjust and provide
the appropriate number of police officers required for traffic circulation
management as based on the varying field conditions and police officer
recommendations. As a guideline, traffic on Northlake Boulevard shall not
be stopped for more than ninety (90) seconds during the traffic control
period. Priority shall be given to Hunt Club Drive with regard to traffic
management and access onto Northlake Boulevard in an effort to minimize
the impact on surrounding residents. (Planning & Zoning)
3. The Applicant shall comply with the following conditions and
recommendations outlined in the memoranda prepared by the City’s traffic
consultant, MTP Group, Inc., dated July 29, 2004, and March 15, 2005, on
file with the City’s Growth Management Department:
a) Prior to the issuance of the first Certificate of Occupancy for the new
buildings, the Applicant shall convert the existing exclusive westbound
right-turn lane to a shared throughlright-turn lane at the intersection of
Northlake Boulevard and Military Trail.
b The Sunday service shall be moved from 11 :45 a.m. to 12:OO noon. The
required time between services may be modified by the Growth
Management Administrator, as necessary, to improve traffic operations.
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Date Prepared: June 1,2005
Resolution 83,2005
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c) Traffic circulation on site shall be in accordance with the Traffic
Operation Plan on file with the City’s Growth Management Department.
Said traffic plan may be amended by the City’s Police Chief and/or City
Engineer as appropriate for traffic operations.
d) The Applicant shall, with trained personnel, monitor traffic conditions at
the driveways, as well as internal traffic circulation, to minimize traffic
impact to Northlake Boulevard. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall prepare plans and submit an
application to Palm Beach County Traffic Division for review and approval of
a manually-operable traffic signal at the east entrance to the site. (City
Engineer, Planning & Zoning)
Prior to the issuance of the first certificate of occupancy, the Applicant shall
install a manually-operable traffic signal at the east project entrance, as
approved by Palm Beach County Traffic Division. (City Engineer, Planning
8 Zoning)
Prior to construction plan approval, the Applicant shall provide surety for
signalization of the east entrance. Per LDR Section 78-309, the required
surety shall be based on a cost estimate for the project improvement. The
cost estimate shall be signed and sealed by an engineer registered in the
State of Florida. Surety will be based on 110% of the total approved cost
estimates and shall be posted with the City prior to the issuance of the first
building permit. (City Engineer)
Prior to the issuance of the Certificate of Completion for the new parking
areas on the East 20 Acres, the right-turn lane on Northlake Boulevard onto
Hunt Club Drive shall be installed and completed. In the event that
construction of the turn lane is delayed due to permitting or other good
cause, the Growth Management Administrator may grant an extension
provided a good-faith effort to satisfy the condition has been documented by
the Applicant. (City Engineer)
Enaineering
8. Prior to the issuance of the first building permit, all necessary permits shall
have been obtained from South Florida Water Management District
(SFWMD), Health and Rehabilitative Services, and Palm Beach County.
(City Engineer)
9. Prior to the issuance of the first building permit, the property owner or
successor must obtain a driveway connection permit from Palm Beach
County for the Northlake Boulevard entrance. (City Engineer)
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Date Prepared: June 1,2005
Resolution 83,2005
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Police
10. The Applicant shall copy to the City all permit applications, certifications,
and approvals. (City Engineer)
11. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall provide surety for public infrastructure and all
landscaping and irrigation costs. Per LOR Section 78-309, the required
surety shall be based on a cost estimate for the project, including public
infrastructure and all landscaping and irrigation costs, for review and
approval by the City in order to establish surety. The cost estimate shall be
signed and sealed by an engineer and landscape architect registered in the
State of Florida. Surety will be based on 110% of the total combined
approved cost estimates and shall be posted with the City prior to the
issuance of the first building permit. (City Engineer)
12. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall provide a cost estimate for the on-site project
improvements, not including public infrastructure, landscaping, and irrigation
costs, for review and approval by the City. The cost estimate shall be
signed and sealed by an engineer registered in the State of Florida and
shall be posted with the City prior to the issuance of the first building permit.
(Building Department)
13. Prior to construction plan approval and the issuance of the first land
alteration or building permit, the Applicant shall schedule a pre-permit
meeting with City staff. (City Engineer)
14. By January 16, 2006 (sixty (60) days from the effective date of this
Resolution), the Applicant shall submit a revised photometric plan, signed
and sealed by an engineer registered in the State of Florida, for review and
approval by the City Engineer. Said plan shall be approved by way of an
administrative approval so long as the plan is consistent with the
requirements of the LDRs and shall be approved prior to the issuance of the
first building permit. (City Engineer)
15. Prior to construction plan approval, the Applicant shall provide adequate
response to drainage concerns, including, but not limited to, showing on the
engineering plans and constructing two 8” x 8” weep holes within the 6’ wall
for each adjacent Hunt Club lot (28 total weep holes), per SFWMD
specifications, as outlined at the March 1 I, 2004, meeting with SFWMO and
the City Engineer. (City Engineer)
16. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police Department)
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Date Prepared: June 1,2005
Resolution 83,2005
All lighting for streets, parking lots, and pedestrian walkways shall be metal
halide. Metal halide lighting shall be used for the multi-use pathways and
sidewalks within the site and shall be lit at a minimum of 0.6-foot candles.
(Police Department)
Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police Department)
Entry signage shall be lighted. (Police Department)
Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police
Department)
Numerical addresses shall: (1) be unobstructed; (2) be illuminated for
nighttime visibility; and (3) have bidirectional visibility from the roadway.
(Police Department)
All structures shall use the following target hardening techniques:
a) Buildings shall be pre-wired for an alarm system.
b) Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c) Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
d) Rear doors shall have 180-degree peephole viewers.
e) All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police Department)
34 Landscapinq
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23. The owner or successor shall be responsible for the perpetual maintenance
of landscaping within the Hunt Club Drive right-of-way from Northlake
Boulevard to the northern terminus of the church property. (City Forester)
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Date Prepared: June 1,2005
Resolution 83,2005
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If at any time the City determines that maintenance of the grass parking
area is in disrepair or poor appearance, the City may require the owner or
successor to pave the parking area within one-hundred-eighty (180) days of
receipt of written notice by the City. All such paving shall be conducted
according to City standards at the time of paving. All costs shall be the
responsibility of the owner or successor. At the time of paving, a landscape
island shall be installed for every nine (9) parking spaces located in a row
within the areas being paved. (City Forester)
By May 17, 2006 (six (6) months from the effective date of this Resolution),
the property owner shall reimburse the City for the City’s cost to install all
landscaping and irrigation within the Northlake Boulevard medians
extending from the eastern terminus of the property to Hunt Club Drive.
(City Forester)
The Applicant, successors, or assigns shall be responsible for payment to
the City of their annual fair share of the maintenance of the Northlake
Boulevard medians and north road shoulder extending from the eastern
terminus of the property to Hunt Club Drive. (City Forester)
By February 17, 2006 (three (3) months from the effective date of this
Resolution), the property owner shall replace all landscaping removed due
to its death, disease, damage, insect infestation, or hurricane damage, as
shown on the approved landscape plan for the west parcel. (City Forester)
By May 17, 2006 (six (6) months from the effective date of this Resolution),
the property owner shall remove all prohibited and invasive non-native
plants from the property. (City Forester)
Prior to the issuance of the first building permit, the Applicant shall update
the landscape plan to a scale of 1” = 20’. (City Forester)
Prior to the issuance of the first building permit, the Applicant shall erect and
maintain protective barriers around the drip line of trees adjacent to
proposed improvements. All work shall be inspected and approved by the
Landscape Architect of Record and the City Forester. (City Forester)
All trees or plants proposed for relocation that die as a result of relocation
shall be replaced using the following schedule: for every inch of tree caliper
lost, three (3) inches of new tree caliper shall be replaced with a like specie.
Palms shall be replaced with like specie, one (1) for one (1). with a minimum
ten (10) foot height. Shrubs shall be replaced with like specie, one (1) for
one (I), with a minimum 30-inch height. If the site cannot support the total
number of replacement trees as required above, the City Council may
permit the developer to donate excess trees to the City for planting on public
lands. (City Forester)
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Date Prepared: June 1,2005
Resolution 83,2005
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32. Prior to the issuance of the clearing permit for the East 20 Acres, the
Applicant shall submit revised landscape plans reflecting (1) a minimum of
75% of the shrub species on site shall be selected from the City’s Preferred
Species List; (2) the minimum height of all canopy trees installed from the
front face of the buildings to the property line along Northlake Boulevard
shall be 16 feet; and (3) foundation landscaping shall be installed along the
outside of all internal walls and new structures meeting City Code
requirements. (City Forester)
Planninq and Zoning
33. The number of fixed and/or moveable seats within the sanctuary shall at no
time exceed 1,750. (Code Enforcement)
34. Prior to the issuance of the clearing permit for the East 20 Acres, the
Applicant shall erect a six (6) foot wall along the entire north property line of
the site. (Planning & Zoning)
35. No parking of vehicles shall occur in the retention area north of the
northernmost parking lot. (City Forester)
36. All conditions from Ordinance 20, 1997 shall remain in full force and effect.
(Planning & Zoning) NO LONGER APPLICABLE
37. The northern open space shall be used for recreational open space. No
drive-aisles shall be extended to the northern green area without approval
by City Council. (Planning & Zoning)
38. The church sanctuary and related facilities and surrounding grounds shall
be used by members only for regularly scheduled services, including
services on Christmas Day and Easter Sunday, and for no more than lhree
(3) additional events per calendar year. The church sanctuary and related
facilities shall not be leased, rented, or in any way made available for use as
an auditorium, theater, or similar gathering place for non-member events of
any kind. Regularly scheduled services shall be defined as services
occurring on Saturday evening, Sunday morning, and a mid-week evening.
(Planning & Zoning, Code Enforcement)
39. All applicable municipal and county impact fees shall be payable
contemporaneous with issuance of any building permit for vertical
construction. (Planning & Zoning, Building Official)
40. The owner or successor shall not utilize a loudspeaker, sound amplifier,
radio, phonograph, or similar sound amplifying device to emit any form of
sound outside the church sanctuary and related facilities. (Planning &
Zoning, Code Enforcement)
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Date Prepared: June 1,2005
Resolution 83.2005
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41. No buildings on site shall be used as overflow areas or for supplemental
seating for presentations, programs, or sermons conducted in the
sanctuary. (Planning & Zoning, Code Enforcement)
42. To mitigate the traffic impacts of the Church project on adjacent roads and
neighborhoods, the City has determined that it is necessary to ensure that
services are not conducted concurrently on the North and South Campuses.
Therefore, concurrent live services on both the North and South Campuses
are prohibited. Additionally, concurrent broadcasts or webcasts of
presentations, programs, or sermons conducted in the sanctuary, whether
live, taped, or delayed, to any other location outside the sanctuary within the
City or to any parcel owned by the Church located within unincorporated
Palm Beach County adjacent to the North Campus shall be prohibited. This
condition shall not be construed to prohibit the broadcast or webcast of such
services to other remote locations or to individual personal computers or
other electronic devices. (Planning & Zoning, Code Enforcement)
43. Building A shall be limited to a capacity of 452 people. (Planning & Zoning,
Code Enforcement)
44. The Applicant shall place the utilities along Northlake Boulevard
underground from the eastern terminus of the North Campus to Hunt Club
Drive. The undergrounding of utilities by the Applicant shall be deferred
until such time as the comprehensive program for the same is initiated by
the City. (Planning & Zoning)
45. All audible noise on site shall not exceed applicable noise and decibel
requirements set forth in the City’s Code of Ordinances. (Planning &
Zoning )
46. All rooflop mechanical equipment shall be screened from view. (Planning &
Zoning)
47. Prior to the issuance of the first certificate of occupancy, the property shall
be replatted to include the entire site. (Planning & Zoning)
48. Prior to the issuance of the first building permit, the Applicant shall comply
with Section 78-262 of the City Code relative to Art in Public Places. The
Applicant shall provide art on site or make a payment in lieu thereof. The
Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the
Applicant is providing public art on site, the art shall be installed prior to the
issuance of the first certificate of occupancy. (Planning & Zoning)
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Date Prepared: June 1,2005
Resolution 83,2005
Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first certificate of occupancy. (GIs
Manager, Development Compliance Officer)
There shall be no vehicular access from the North Campus to the vacant
property owned by the church located to the northeast of the North Campus
until such time when said property is annexed into the City. (Planning &
Zoning)
Prior to the issuance of the first building permit, the Applicant shall explore
opportunities to utilize sound absorbing/dampening building materials in the
new buildings, and provide, in writing, details of the materials/methods to be
utilized to reduce the impact relative to sound on adjacent properties.
(Planning & Zoning)
Any outdoor recreational facilities constructed on the North Campus shall be
processed as a Major Amendment to the PUD pursuant to the City’s Land
Development Regulations. (Planning 8t Zoning)
The build-out date for this project is December 31, 2006. (Planning &
Zoning)
Parking in the grassed parking areas closest to the Hunt Club residential
development shall occur only during special events or regularly-scheduled
services. (Planning & Zoning)
Within twelve (12) months of the issuance of the Certificate of Occupancy
for Phase 2 (Youth Ministry Building), the Applicant shall submit a traffic
study to the City analyzing (1) the efficiency of the traffic flow into and out of
the North Campus; (2) the traffic flow along Northlake Boulevard adjacent to
the North Campus; (3) the traffic flow within the North Campus; and (4) the
traffic flow into and out of Hunt Club Drive. The study (1) shall be performed
during the peak hours of the Church’s operation; (2) shall be performed
during the “high season” (December thru February); (3) shall be performed
at the Applicant’s expense; and (4) shall be reviewed by the City Engineer
and the Police Chief to determine areas in need of improvement with regard
to the traffic flow within and adjacent to the site. The Traffic Operation Plan
referenced in this resolution, to which the Applicant must adhere, may be
amended in accordance with the recommendations made by the City as a
result of the study. (Planning & Zoning)
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Date Prepared: June 1,2005
Resolution 83,2005
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56. Immediately upon the issuance of the Certificate of Completion for the new
parking areas on the East 20 Acres, shuttle bus or any other type of
transportation service between the North and South Campuses shall cease,
except for the transportation of student youth which shall be permitted until
completion of the student ministry center. (Planning and Zoning)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans, as amended herein, on file with the City’s Growth Management
Department:
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9.
October 28, 1997, Conceptual Floor Plan and Section, Glenn Pate &
Associates, 2 sheets.
November 14, 1997, Landscape Plan, George G. Gentile & Associates,
Sheet L-I.
January 24, 1997, Landscape Elevations, George G. Gentile & Associates,
Sheet L-2.
February 21, 1997, Landscape Elevations, George G. Gentile & Associates,
Sheets L-3 through L-5.
November 3, 1997, Irrigation Plan, George G. Gentile & Associates, Sheet I-
1.
September 30, 1997, Conceptual Drainage Plan, Kimley-Horn and
Associates, Sheet C-1 .O.
March 19, 1999, Architectural Site Plan, Glenn Pate & Associates, Sheet SP-
1.
May 18, 1999, Building B Elevations (Children’s Education), Glenn Pate &
Associates, Sheet A-1 .
June 25, 1999, Building B Floor Plan, Glenn Pate & Associates.
10. May 18, 1999, Building A Floor Plan (Youth Ministry), Glenn Pate &
Associates, Sheet A-2.
11. May 18, 1999, Building A Elevations, Glenn Pate & Associates, Sheet A-3.
13
Date Prepared: June 1,2005
Resolution 83, 2005
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12. May 18, 1999, Building C Elevations, Glenn Pate & Associates, Sheets A-4,
A-5.
13. May 11, 1999, Letter from Glenn Pate & Associates.
14. Site Plan: Sheets ASP-I throuclh ASP-3, prepared bv Pate, Chernin and
Associates, last revised on October 18, 2005. and received and stamped by
the Citv on October 21,2005.
15. Landscape Plan: Sheets L-I & L-2, prepared bv Gentile, Hollowav,
O'Mahonev & Associates, Inc.. last revised on October 19, 2005. and
received and stamped bv the Citv on October 21,2005.
16. Conceptual Floor Plans: Sheets A-I & A-2, prepared bv Pate, Chernin and
Associates, last revised on October 18, 2005, and received and stamped by
the Citv on October 21, 2005.
17. Roof Plan: Sheet A-3, prepared bv Pate. Chernin and Associates, last
revised on October 18. 2005. and received and stamped bv the Citv on
October 21,2005.
18. Buildina Elevations: Sheets A-4 throuqh A-6. prepared bv Pate, Chernin and
Associates, last revised on October 18. 2005, and received and stamped bv
the Citv on October 21,2005.
SECTION 6. All future amendments to the Christ Fellowship North Campus PUD
shall be approved by resolution.
SECTION 7. Said approval shall be consistent with all representations made by
the Applicant or Applicant's agents at any workshop or public hearing.
SECTION 8. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
14
Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
,2005. PASSED AND ADOPTED this 1’77” day of /Uo~re.,..,& 1
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ATTEST: / 1
BY:
Patricia Snider, CMC,kity Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO J ---
VICE MAYOR JABLIN J--
COUNCILMEMBER LEVY J--
COUNCILMEMBERVALECHE J--
COUNCILMEMBER BARNETT J-
G:bttomey-share\RESOLUTIONS\christ fellowship - north campus - res0 83 2005as arnended.doc
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RESOLUTION 2,2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING RESOLUTION 83, 2005
TO MODIFY CERTAIN CONDITIONS OF APPROVAL FOR THE
CHRIST FELLOWSHIP CHURCH NORTH CAMPUS PLANNED UNIT
DEVELOPMENT (PUD), LOCATED ON NORTHLAKE BOULEVARD
APPROXIMATELY 0.8 MILES WEST OF NORTH MILITARY TRAIL,
AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, on November 20, 1997, City Council adopted Ordinance 20, 1997 to
allow Christ Fellowship North Campus to rezone twenty (20) acres of land, located on
the northeast corner of Northlake Boulevard and Gibson Road, to a Planned Unit
Development (PUD); and
WHEREAS, on July 15, 1999, City Council adopted Ordinance 23, 1999
amending Ordinance 20, 1997 to allow minor changes to the elevations and floor plans
of buildings A, B, and C in the Christ Fellowship North Campus PUD; and
WHEREAS, on November 17, 2005, City Council adopted Ordinance 18, 2005
and Resolution 83, 2005 allowing a 20-acre parcel of land to be rezoned from
Residential Low Density-3 (RL3) to a PUD overlay with an underlying zoning of RL3, to
be included in the Christ Fellowship North Campus PUD, and to allow the development
of a 127,708-square-foot expansion; and
WHEREAS, on May 21, 2009, City Council adopted Resolution 32, 2009
approving the Master Signage Program for the Christ Fellowship North Campus PUD;
and
WHEREAS, the Planning and Zoning Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
Page 1 of 4
Resolution 2, 201 1
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WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Miscellaneous application of Christ Fellowship Church is hereby
APPROVED to modify conditions of approval No. 2 and No. 3 in Resolution 83, 2005,
subject to the conditions of approval contained herein, which are in addition to the general
requirements otherwise provided by resolution, on the following described real property:
(See Exhibit "A for Legal Description)
SECTION 3. Conditions No. 2 and No. 3 of Resolution 83, 2005 are hereby
amended as follows:
2. The owner or successor shall utilize police or equally trained officials at all
ingress and egress points along Northlake Boulevard for the management of
traffic flow and direction before and after all events, including regularly scheduled
events. The pe#dmw Applicant shall maintain police or
equally trained officials at all times for the direction and control of traffic entering
and exiting the site. 7
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TD Pwn in ?h 4K 3- 9 'V.7 "' JG 1
Inn n- Pi , "'V., "'
&pa#me& The p&#mef Applicant shall adjust and provide the appropriate
number of police officers required for traffic circulation management as based on
the varying field conditions and police officer recommendations. As a guideline,
traffic on Northlake Boulevard shall not be stopped for more than ninety (90)
seconds during the traffic control period. Priority shall be given to Hunt Club
Drive with regard to traffic management and access onto Northlake Boulevard in
an effort to minimize the impact on surrounding residents. (Planning & Zoning)
3. The Applicant shall comply with the following conditions and
recommendations outlined in the memorandum prepared by the City's traffic
consultant, MTP Group, Inc., dated July 29, 2004, and March 75, 2005, on file
with the City's Plannina and Zoning Department:
Page 2 of 4
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Resolution 2, 201 1
a) Prior to the issuance of the first Certificate of Occupancy for the new
buildings, the Applicant shall convert the existing exclusive westbound right-
turn lane to a shared throughhight-turn lane at the intersection of Northlake
Boulevard and Military Trail.
b) 4 ??:- . .& tc ?2:K ReE. The
m n uv u
-The times for Sundav services
shall be coordinated and modified as necessary to impwe maintain
efficient traffic operations based on an annual traffic report to be provided to
the Plannina and Zonina Departmenf for review and approval.
SECTION 4. All previous conditions of approval as set forth in Resolution 83,
2005 shall remain in full force and effect, except as amended herein.
SECTION 5. Compliance with the terms and conditions of this approval shall be
the responsibility of the Applicant, its successors, or assigns.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
Page 3 of 4
Resolution 2. 201 1
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PASSED AND ADOPTED this day of , 2011.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
David Levy, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER TINSLEY
AYE NAY ABSENT
G:\attomey-share\RESOLUTlONS\201 l\Resolution 2 201 1 - modify conditions of approval for Christ fellowship.doc
Page 4 of 4
Resolution 2, 201 1
EXHIBIT “A”
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT
BOOK 111, PAGES 157 THROUGH 159 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOTAL LAND COMBINED CONTAINING 39.28 ACRES, MORE OR LESS.
P
-4
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 6,2011
7:OO P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
I. /PLEDGE OF ALLEGIANCE
11. /ROLL CALL
111. L/ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a.
b. FIRE RESCUE VOLUNTEER RECOGNITION.
MAYOR'S VETERANS GOLF TOURNAMENT CHECK PRESENTATION.
v. ATEMS OF RESIDENT INTEREST AND BOARDICOMMITTEE REPORTS:
VI. ~ITY MANAGER REPORT:
VII. 4OMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. Dlease submit
reauest form to the Citv Clerk prior to this Item)
VIII. CONSENT AGENDA: 5-4
a. lPaae 4) APPROVE MINUTES FROM DECEMBER 16, 2010 CITY COUNCIL
M EETl NG .
b. /Staff Report on Pane 9. Resolution on Pane 11) RESOLUTION 1, 201 1 -
FOUR YEAR MASTER LEASE AGREEMENT. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
A FOUR (4) YEAR MASTER LEASE AGREEMENT WITH GE CAPITAL
CORPORATIONNFS FOR GOLF MAINTENANCE EQUIPMENT THROUGH AN
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
EXISTING CONTRACT WITH THE STATE OF FLORIDA NO. 760-000-10-1;
C. jStaff Report on Pane 107. Resolution on Paao 10 9) RESOLUTION 3, 201 1 -
8 PURCHASE AWARD TO XYBIX SYSTEMS, INC. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH ERGOFLEX SYSTEMS, INC. (D/B/A
XYBIX SYSTEMS, INC.) FOR THE PURCHASE AND INSTALLATION OF
DISPATCH AND COMMUNICATIONS WORKSTATIONS FOR THE
EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER VIA AN
FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
EXISTING RFP (NO. IOP-075) AND CONTRACT WITH MARION COUNTY,
d. /Pane 1551 PROCLAMATION - ARBOR DAY
IX. PUBJJC H EMUNGS : (* Designates Quasi-Judicial Hearha
a.
5-o
jstaff ReDort on Pane 156. Ordinance on Page 1841 ORDINANCE I , 201 1 -
(1st READING) AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
DEVELOPMENT. BY REPEALING SUBSECTION 78-80(a)( 12) AND
READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY
RESERVING SAME FOR FUTURE LEGISLATION; FURTHER AMENDING
ORDER TO CLARIFY PARK AND RECREATION REQUIREMENTS; FURTHER
REPEALING THE DEFINITIONS OF "ALLEY" AND "GOVERNMENT USES"
AND READOPTING SAME, AS REVISED, AND ADOPTING NEW
REPEALING SUBSECTION 78-1 57(b). DEFINITIONS. IN ITS ENTIRETY AND
CHAPTER 78. BY REPEALING SECTIONS 78-571. AND 78-572. AND
SUBSECTION 78-681(b)(5) AND READOPTING SAME, AS REVISED IN
AMENDING CHAPTER 78. AT SECTION 78-751. DEFINITIONS. BY
DEFINITIONS OF "BUILD TO LINE", "COMMUNITY PARK", "LIVE-WORK",
"MAIN STREET", "NEIGHBORHOOD PARK", "PEDESTRIAN-ORIENTED
GROUND FLOOR USES", "PRIMARY STREET", "SECONDARY STREET",
"TERTIARY STREET", AND "WATER ACCESS"; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND
DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
b. * ff RODO rt on Paae 174. Roaolutio n on Pane 1981 RESOLUTION 2,201 1 -
AMENDING RESOLUTION 83, 2005. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CERTAIN
CONDITIONS OF APPROVAL FOR THE CHRIST FELLOWSHIP CHURCH
NORTH CAMPUS PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON
NORTHLAKE BOULEVARD APPROXIMATELY 0.8 MILES WEST OF NORTH
MILITARY TRAIL, AS DESCRIBED MORE PARTICULARLY HEREIN;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
I
i
XI. ~TEMS FOR COUNCIL ACTIONDISCUSSION:
XII./CITY ATTORNEY REPORT:
PLEASE TARE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
L
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 6,2011
7:OO P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
PLEDGE OF ALLEGIANCE
11 ROLLCALL
IIL ADDITIONS. DELETIONS. MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS
a. MAYOR'S VETERANS GOLF TOURNAMENT CHECK PRESENTATION.
b. FIRE RESCUE VOLUNTEER RECOGNITION.
V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VL ClTY MANAGER REPORT.
ML COMMENTS FROM TEE PUBLIC @or Items Not on the Anenda. derse submit
reauest form to the Ci CItrlr DW to tib hl
b.
Vm. CONSENT AGENDk.
a. JPaqe 41 APPROVE MINUTES FROM DECEMBER 16, 2010 CITY COUNCIL
MEETING.
(Staff Report on PaRe 9, Resolution on P a 111 RESOLUTION 1, 2011 -
FOUR YEAR MASTER LEASE AGREEMEN I. A HESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
A FOUR (4) YEAR MASTER LEASE AGREEMENT WITH GE CAPITAL
CORPORATIONNFS FOR GOLF MAINTENANCE EQUIPMENT THROUGH AN
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
9..-',,"
&f.tl e'
qJ\(d b*,s&s i
EXISTING CONTRACT WITH THE STATE OF FLORIDA NO. 760-000-10-1;
C.
d.
[Staff Report c 'age 107, Resolution on Paqt RESOLUTION 3, 201
RCHASE A' r~~ TO XYBIX SYSTEMS, IN ~PRE~~LUTION OFTHE
mNCIL OF-THE CITY OF PALM SEAER GARDENS, FLORiDA
APpRov1ffi AN AGREEMENT WITH ERGOFLEX SYSTEMS, INC. (DXA
XYBIX SYSTEMS, INC.) FOR THE PURCHASE AND INSTALLATION OE
DISPATCH AND COMMUNICATIONS WORKSTATIONS FOR TWE
OPERATIONS AND COMMU"s CENTEKWA AN
EXfsMBG RFP (NO. lW-075) AND CONTRACT WRH MARION COUNTY,
FLORIDA; pRovlOlffi AN EFFECTtVE DATE; AND FOR OTHER PURRXES.
/Page 155) PROCLAMATION - ARBOR DAY
IX. PUBLIC HEARINGS: f" Dcsiatcs OllrSiJpdiciil Hearin&
WStaff Report on Par- 156, Ordinance I Page 1641 ORDINANCE 1, 201'6 -
(1st READING) AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS. AN ORDINANCE OF THE crpl COUNCIL OF THE CITY OF v@Op PALM BEACH GARDENS, FLORlfM AENDING WmER 78. LAND
5-0 DEVELOPMENT. BY REPEALING SUBSECllolr( 78-80(a)(12) AND
READCrPnffi SAME. AS REVISED; FURTHER AMENOlNG CHAPTER 78. BY
REPEALING SUBS" ?8-157@). DurlNlTlONS. IN ITS ENTlRElY AND
RESERVING SAME FOR FUTURE LEGiSlATlON; FURTHER AMENDING
CHAPTER 78. BY REPENNG ~~S 78-571. AND 78-572. AND
TgeBt@Ks) AHD READopTIluG SAME, AS REVISED IN
ORDER TO CURW PARK AND f?ECREAm RKXHRUIIENTS; FURTHER
AMENDING CHAPTER 78. A7 sEc1K)N 78-751. DEFINIRONS. BY
REPEALING THE 0EFI"S OF AND WVERNMENT USES"
AND R€AK"G AS RWfS€Q AND ADOPTING NEW
DEFINm OF 'SWLD TO Iyx)MMuNITY PARK", WVE-WORK",
WAfN STR€€T, PAR, =DESIRIAN-ORIENTED
GROUND FLOOR USES* 'WUMARY STREET, .SECONDARY STREET",
TERTlAFW STREET, AND WATER ACCESS; pR(svIDINGTHAT EACH AND
R(uw OTHER sEcTK)N AND SUBS" OF CHAFTER 78. LAND
DEVELOPMENT. SHAU REMAlN IN FUU FORCE AND EFFECT AS
PREVK)USLY pFzo\IIcwNG A CONFLICTS CLAUSE, A
SR/uzABIuTy 2- AuTHoRlM TO CODlW PROVIDING AN
PIStaff Report on Page 174, Resolution on Paae 198) RESOLUTION 2,201
AMENDING RESOLUTION 83,2005. A REsoLLmoN OF THE CITY COUNCIL
Of THE CITY OF PALM BCH GARENS, FLORlOA AMENDING CERTAIN
CONDITIONS OF AfW3OVAL FOR THE CHRIST FELLOWSHIP CHURCH
NORTH CAMPUS PUWEO UNfT -LOPMENT (PUD), LOCATED ON
NORTkfUIKE BOULEVARD WPROXIUTELY 0.8 MILES WEST OF NORTH
MILITARY 7". AS OESCRleED MORE PARTICULARLY HEREIN;
PROVIDING OO"S W APPROVAQ PROWWNG AN EFFECTIVE
DATE; AND FOROTHEI? PURPOSES.
X. RESOLUTIONS
XL ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
Xm. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADWSED tkat if any in&res&dparty wishes to appeal
any decision maCie by the Ci Corrncil with respect to any matter considered at this public
hearing, such interested persons Wiu need a recod oftbcpmcdngs and may need to ensure
that a verbatim record is ma&, inchding the tesiimOny and evidence upon which the appeal is
to be based
In accordance with the Anreicans with Disrrbiliti4s Act and sedion 28626, FIorida Statutes,
persons with disabilities needing special accomzllodllftolls in onh to participate in this
proceeding are entitled to thepn+ion ofurtoirr lLEsistMu at no wst PIeaSe call the City
Clerk’s Ofwe at 561- 799-4122 no Iata than 5 days prior to the Mng if this assistance is
required For heuring impaid aSSiSt(UICC, plaosc caU the FIorida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
n Comments From The Public Request to Address City Council Please Print Name: L& Address: City: 7 1' Members of th Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minute
Comments From The Public Request to Address City Council Please Print Name: Address: / City: Subject: Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor & City Council
DATE: January 6,2011
THROUGH: Ronald Ferris, City ManagerC
FROM:
SUBJECT: Modifications to
cc: Patricia Snider, City Clerk
Natalie Wong, Director of
/’
Max Lohman, City Attorney
Please see the attached changes shown in = to Ordinance 1, 2011
scheduled for first reading this evening. A review of these changes will be
included in the staff presentation.
1
le) Dewb~ ment mulations.
lll At least one (1) neiahborhood Dark shall be located within one-quarter (%) mile
radius of each residential home within the proposed development. Adiustments to tb
one-quarter M) mile standard may be considered durina the site plan review process.
a. Minimum size. Each neiahborhood park shall be no less than one (1) acre in - size.
b. Urban area Darks. Those neiahborhood parks proposed within dense mixed-
use centers that include a mix of vertical intearation shall be allowed to provide
a reduced acreaae of one-third (113) acre within a one quarter (%) mile radius
of each residential home within the proposed development. Evaluation of these
areas shall be done at the Site Plan review level and approved at the discretion
of the Growth Manaaement Administrator.
c. Preserve amas and natural mrk credit. Up to 50 percent of the neiahborhood
park requirement can be satisfied usina the Drovided preserve acreaae. so lonq
as internal pedestrian amenities. such as walkina trails. are incorporated into
the preserve area in accordance with Section 78-250. Preserve area
requirements. of the LDRs.
d. Lake area Wit. UP to 40 percent of the neiahborhood park requirement can
be satisfied usina lake areas that have incormrated linear pedestrian trails and
other hardscape amenities that enaaae the views of the lake.
e. Clubhouse facilities credit. Clubhouse facilities and other similar tvpe amenities
which provide recreational opportunities to the surroundina residents can be
counted towards the neiahborhood park requirement. The clubhouse facility
acreaae shall be calculated bv the total buildina footprint. includina covered
areas with a permanent roof, pool area, and any area around the clubhouse
facilities that includes a patio and/or deck area.
f. Golf course credit. Up to 35 percent of the neiahborhood park requirements
can be satisfied usina any provided aolf course acreaae.
/2) Maintenance, ownership, and operation of all parks provided within the proiect
shall be the responsibilitv of the Master Propertv Owners Association or other
entitv as approved by the Citv Attomev. Prior to the first plat approval of the
proposed development, the Applicant shall demonstrate this requirement has been - met.
See. 78-681 (b)( 5). Open Space.
(b) Open space criteria.
(5) Public parks. The total area contain
-- - -e requirement
.. c. >
SQC 78-185. UTILITY EASEMENTS
a) €asment GwstWctbn. Paved driveways, fences, and patios without walls or Screen enclosures,
may be mstmcted upon or am any public utility easement which is located within the front, side
or rear yard of any lot.
b) Bu/M/&7 Remit A bldg permit shall NOT be issued for structures or improvements in public utility
and drainage easements until the applicant obtains a WAIVER from ALL utilities possessing easement
rights and submit's the waivers to the Building Division. The Waiver must be written authorization
Executed by an oPficer of the utility company or easement Owner entitled to use such easement, and
must state there are no objections to the construction of such. (driveway or patio)
a Waiver is not required for similar use of a front yard utility easement.
c) LMwges, Prior to the issuance of a building permit for any improvements, the applicant shall
acknowledge in writing that the owner shall be responsible for any damages to the utility company's
improvements.
d) A&mh@rmc When a building permit is issued, the applicant shall execute a written
Cerwicate of acknowledgement , in a form prescribed by the city, that improvements have been
OollSblJcbed on the utility easement.
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ZIP : 334100000
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NoCyUtOqurllflu
MY--
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday called Arbor Day was first observed with the planting of
more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water,
cut heating and cooling costs, moderate the temperature, clean the air, produce
oxygen and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires and countless other wood products; and
WHEREAS, trees in our Ctty increase property values, enhance the economic vitality
of business areas, and beautify our Community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I David Levy, by virtue of the authority vested in me as
Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
January 21 , 2011 as:
ARBOR DAY
in the City of Palm Beach Gardens and urge all citizens to celebrate A rbor Day and to
support efforts to protect our trees and woodlands; and further, I urge all citiz ens to plant
trees to gladden the heart and promote the well-being of this and future generations.
Attest:
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the Seal
of the City of Palm Beach Gardens,
Florida, to be a.ffzxed on this 6" day of
January in the Year Tw o Th ousand and
Eleven.
~a-~
Mayor David Levy